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Backup Documents 05/12/1998 RBCC P,E. GIJLAR MEETING OF MAY 12, 1998 NapLes DaiLy News NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY COHNISSIONERS ATTH: NANCY SALOGUB PO 80X 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800440 57689757 NOTICE OF PUBLIC HEE 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 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: O5/10 0120 NOTICE OF PUBLIC MEETING BOARD OF COUNTY COAAAAISSIONERS COLL ER COUNTY, FLORIDA Tuesday, Notice Is hereby given Third FIoo~ Of the Aclmln- Istratlon Building {Bulldlng F} at the ~x:~iler Courts Government Complex, Nc~les, FJorl~a, to con- lief' County, Of the stoted time of~d ck~e, Collies ot ff~e fo~ sold meeting mode ovollable to o~ the office of me County Admlnlsfrofo% some Ioccttlon, Some I~rl- od Of time. Any perso~ who decld. es to ca~eo~ o dec sion of ttq s Booed will need o re- cor.d .~. the ~oceedln~ p. ermlnmg thereto, ond me~efore rnoy need'fo en- sure thor a ve~o~flm re- co~d of rne pmceedln~ s cl .u~e. s ~e ~sflmony (]nd evidence ~ which the ol~Pe~ Is to be bosecL BOARD OF COUNTY CON~AAI$S/ONER$ COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAiRNLAN DWIGHT E. BROCK CLERK ' By:./s/Mots"sen K enyo~ AD SPACE: 53.000 INCH FILED ON: 05/11/98 Signature of Affiant Sworn to and Subscribed before me this ~/ day of ')/:~h Personally known by me ! ,'/,~'if/t_ ,,,//,, . ~'~ .~ t May 12, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGE]gDA May 12, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH T}[ECOUNTY ADMINISTRATOR PRIOR TO qT{E PRESENTATION OF 77{E AGFLNDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUP~/ECTS WHICH ARE NOT ON '~71IS AG.ETgDA MUST BE SUBMITTED IN WRITING WI~]{ EXPLANATION THE COUNTY ADMINIS~TOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PF~RSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCF. RDINGS PERTAINING THERETO, AND T}IEREFORE MAY NEED TO ENSURE THAT A V]~RBATII~ RECORD OF THE PROCEEDINGS IS MA.DE, WHICH RECORD INCLUI)ES THE TESTIMONY A/qD EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTER~ PUBLIC SPF2%KERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL T/ME IS GRANTED B'f ASSISTED LISTENING DEVICES FOR T}~ HFD%RING IMPAIRRD ARE, AVAILABLE IN ~{E COUNTY COMMISSIONS' OFFICE. LUN~{ RECESS SCNE. DULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION- The Rev. Dr. Les Wicker, Naples United Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENq' AGENDA Approved and/or Adopted with changes - 5/0 4. APPROVAl, OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A0 PROCLAMATIONS 1) Proclamation proclaiming the week of May 16-22, 1998 as National Safe Boating Week. To be accepted by William M. Reid, Executive Officer, Naples Power Squadron. Adopted - 5/0 Page 1 May 12, 1998 2) Proclamation proclaiming May 15, 1998 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter or his designee. Adopted - 5/0 SERVICE AWARDS Presented 1) Nyankadau Korti - 0CPM - 5 years. 2) Charles Coomer, Jr. - Domestic Animal Services - 5 years. C. PRESENTATIONS 1) Recommendation to recognize Barbara Lee, Office Assistant II, Transportation/Road & Bridge Department, Public Works Division, as Employee of the Month for May 1998. Recognized 6. APPROVAL OF CL~'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS 8 . COUNTY ADMINISTRATOR · S REPORT ao COMMUNITY DEVELOPMENT & ENVIRONM~NgTAL SERVICES Staff request that the Board of County Commissioners authorize the Chairman to send a letter to Colonel Joe R. Miller, District Engineer, Army Corps of Engineers, requesting that the Collier County Planning Director be added to the Army Corps of Engineer's Environmental Impact Statement Alternative Development Group. Approved - 5/0 B. PUBLIC WORKS 1) CONTINUED FROM APRIL 14, 1998 - Report to the Board on the results of Count~{ide Interconnected Traffic Signal System Study. Report accepted and BCC to continue to support countywide interconnected traffic signal system; County Administrator or designee to sign off on letter - 5/0 C. PUBLIC SERVICES Continued - No Date 1) Approval of a lease agreement and partial funding for the 4th of July Festival. Page 2 May 12, 1998 Moved from Item J16B2 2) Waive Formal Bid Process utilizing General Contractor's Services Work Order System and award a Work Order to Professional Building Systems, Inc. for Timber and Floating Piers for Sugden Regional Park (Project #80081) (C.I.E. #724). Staff recommendation approved in the amount of $236,000 - 5/0 D. SUPPORT SERVICES E. COUNTY AD~INISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY,S REPORT 10. BOARD OF COUNTY COMMISSIONER~ B o Appointment of member to the Utility Authority. Res. 98-130 appointing Fay Biles - Adopted 5/0 Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. Res. 98-131 appointing Robert Schoeller and ~omas Watts Jr - Adopted 5/0 ' Matrix of County Government Productivity Committee Projects. (Con~issioner Mac'Kie) Report Presented 11. OTHER I~ A. OTHRR CONSTITUTIONAL OFFICER~ Bo PUBLIC COMMENT ON GENERAL TOPIC~ 1. Ty Agoston re EPTAB PUBLIC HEARINGS WILL BE HF2~RD IMMED~Ly FOLLOWING STAFF ITE~tq 12. ADVERTISED PUBLIC H~ARINGS - BCC A. COMPRE~ENS IVE PLAN B. ZONING AMEA~D~TS 1) Petition PUD-97-20, Mr. Terrance L. Kepple, P.E., representing Nora Patmore, requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as the Golden Pond PUD for property located on the west side of CR-951 and approximately 700 feet north of Vanderbilt Beach Road, in Section 34, Tov~ship 48 South, Range 26 East, Collier County, Florida consisting of 28.68 acres more or Page 3 May 12, 1998 less . Ord. 98-35 - Adopted w/stipulation 4/]. (Commissioner Norris opposed) Continued Indefinitely 2) CONTINUED FROM 4/28/98 Petition PUD-96-12, J. Gary Butler, P.E. representing Royce O. Stalling, Jr., requesting a rez~ne from "A" Rural Agricultural to "PUD" Planned Unit Development for a multi-family development for property located east and adjacent to Santa Barbara Boulevard, one-half mile north of Davis Boulevard (SR-84) in the South ¼ of Section 4, Township 50 South, and Range 26 East, Collier County, Florida, consisting of approximately 39.82 acres. 1) To adopt the Community Automated External Defibrillator Ordinance. Ord. 98-36 A~opted as amended - 5/0 2) Approval of an Ordinance related to the County's Reclaimed Water System. Ord. 98-37 - Adopted 5/0 3) Petition AV 98-004 to vacate the 20' wide utility and drainage easement lying along the southwesterly 10' of lots 2 through 7 and along the northeasterly 10' of lots 81 through 86, according to the plat of "Pineland-On The-Trail", as recorded in Plat Book 3, Page 60, Public Records of Collier County, Florida. Res. 98-132 Adopted 5/0 4) CONTINUED FROM 4/14/98 Community Development and Environmental Services Division requesting approval of an ordinance amending Ordinance Number 98-13, to correct a scrivener's error attributable to an omission to reference a Master Plan as a part of the Development Order for the enlarged Fiddler's Creek Land Area and to make said Master Plan a part of said amending Ordinance Number 98-13. Ord. 98-38 Adopted 5/0 5) Petition CCSL-98-2, Darwin Stubbs of Humiston & Moore Engineers, representing Gene L. and Sheelah R. Windfeldt, requesting a Coastal Construction Setback Line variance to allow construction of an elevated patio with a spa and stairs for a single family residence located at Lot 7, Barefoot Estates, Section 6, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-133 Adopted 5/0 6) Petition CCSL-98-1, Darwin Stubbs of Humiston & Moore Page 4 .... -i' I IIIIIII .......... I ..... I I1" i lit' '"'" .................... iii May 12, 1998 Engineers, representing Katherine A. Cleary, requesting a Coastal Construction Setback Line variance to allow construction of a swimming pool, spa, decorative waterfall. pool deck with stairs and driveway pavers for a single family residence located at Lot 37, Block A, Replat of Unit 1, Conner's Vanderbilt Beach Estates, Section 29, Township 45 South, Range 25 East, Collier County, Florida. Resolution 98-134 Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARING~ 1) 2) CONTINUED FROM 4/28/98 Petition CU-98-2, Kim Patrick Kobza, Esquire, of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting Conditional Use "4" of the C-4 zoning district for a used car lot.. for property located on Golden Gate Parkway, East of 50~n Street SW and West of Tropicana Boulevard, further described as lots 3,4,5 & 6, Block 248, Golden Gate, Unit 7, in Section 28, Township 49 South, Range 26 East, consisting of 0.57+/- acres. Resolution 98-135 Adopted with stipulations 5/0 Petition V-98-2, Margaret H. Duprey, requesting an After-The-Fact variance of 5 feet from the required 30 foot side yard setback to 25 feet for property located on thenorth side of Sandalwood Lane, further described as Tract 100, Unit 35, Golden Gate Estate Subdivision, in Section 7, township 49 South, Range 26 East, Collier County, Florida. Resolution 98-136 - Adopted 5/0 3) Petition A-98-1, Mr. and Mrs. John Fratzis and Mr. Jeffrey C. Krozek requesting an appeal of the Collier County Planning Commission's approval a boat dock extension approved on March 5, 1998, for property located at 80 Southport Cove in Lely barefoot Beach PUD and further described as Lot 10, Southport on the Bay Unit One. Appeal denied - 5/0 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 Page 5 May 12, 1998 A. COMMUNITY DEVELOPMENT & ENVIRONM]ZNTAL SERVICES 1) Lien Resolution - Code Enforcement Case No. Curran, Eileen Res. 98-120 70609 Record Owner 2) Lien Resolution - Code Enforcement Case No. Owner Miller, Sylvia S. Res. 98-121 70729-063 Record 3) Lien Resolution - Code Enforcement Case No. 70902-044 Record Owner - Pukay, Boris & Emogene L. Res. 98-122 4) Lien Resolution - Code Enforcement Case No. 70904-042 Record Owner - Campelo, Thales Selorenzi & Patricia Res. 98-123 5) Lien ResolutIon - Code Enforcement Case No. 70924-023 Record Owner - HNH Ventures Res. 98-124 6) Lien Resolution - Code Enforcement Case No. 71002-041 Record Owner - Skiffey, Maurice & Karen C. Res. 98-125 7) Lien Resolution - Code Enforcement Case No. 80105-067 - Record Owner - Lloyd G. Sheehan TR Res. 98-126 8) Lien Resolution - Code Enforcement Case No. 80116-015 - Record Owner Richard F. McCullough Res. 98-127 9) Lien Resolution - Code Enforcement Case No. 80116-018 - Record Owner - Whitmer, Bruce T. & Elyse K. Res. 98-128 10) Lien Resolution - Code Enforcement Case No. 80205-004 - Record Owner - Rix, Maurice C. Res. 98-129 B. PUBLIC WORKS 1) This item has been deleted. Item {16B2 - Moved to Item {8C2 2) Waive Formal Bid Process utilizing General Contractor's Services Work Order System and award a Work Order to Professional Building Systems, Inc. for Timber and Floating Page 6 May 12, 1998 3) 2) 2) 2) Piers for Sugden Regional Park (Project #80081) (C.I.E. #724). Award a Construction Contract to Saltsman Construction, Inc. for Sunniland Water Control Structure, Bid No. 98-2798, Project No. 31702. In the amount of $105,250.00 PUBLIC SERVICES Enter into an agreement with the Collier County School Board for Summer Camp field trip transportation. Approve the consolidation of two part time Park Ranger positions into one full time position. SUPPORT SERViCES COUNTY ADMTNISTRATOR Recommendation that the Board of County Commissioners award Bid #98-2796 for the rental of two hydraulic trash pumps tc Sloan ?ump Company, Inc. and approve a Budget Amendment for transfer of funds from Capital Outlay to Rent Equipment Budget Amendment Report BA 98-224 BOARD OF CO--COMMISSIONERS MISCRT.T~%NEOUS CORRESPONDENCE fYlg{ER CONSTI~3TIONAL OFFICERS Board endorsement of the Collier County Sheriff's Office grant application for continued funding for the State of Florida, Department of Community Affair's Anti-Drug Act Formula Grant Program (Serious Habitual Offender Comprehensive Action Plan Program.) Board endorsement of the Collier County Sheriff's Office grant application for continued funding for the State of Florida, Department of Community Affair's Anti-Drug Act Formula Grant Program (Street Gang Prevention and Apprehension Program). I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. ADJOURN Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONER, el' MEETING MA Y 12~ 1998 CONTINUE (NO DATE): ITEM 8(C 1(1) - APPROVAL OF A LEASE AGREEMENT AND PARTIAL FUNDING FOR THE 4TM OF JUL Y FESTIVAL (STAFF'S REQUES7). MOVE: ITEM I6(B~(2) TO 8(C)(2) - WAIVE FORMAL BID PROCESS UTILIZING GENERAL CONTRACTOR'S SERVICE tVORK ORDER SYSTEM AND AWARD A WORK ORDER TO PROFESSIONAL BUILDING SYSTEMS, INC FOR TIMBER AND FLOATING PIERS FOR SUGDEN REGIONAL PARK (PROJECT 80081) (CTE 11724). (STAFF'S REQUESD. PROCLAMATION WtlEREAS, each )'ear more `4mericans are choosing recreational boating as att ideal way :o relax with their families and friends; however, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, ~ffi to properly equip their craft with personal.flotation devices and other protective equipment, or fail to instruct their passengers in the use of such devices prior to a boating cruise; and WHEREAS, every year hundred, t]f lives are lost in boating accidents. Thesc.fatalities can be reduced and boating made more pleasurable, ~those who engage in it will emphasize knowledge, care, and thc courtesy necessary fi~r .~'r~e boating; and WttER~& the Congress of the United States having recognized the need for such emphasis has, &v a joint resolution of 4 JuVe 1958(72 Stat. 179), requested the President .... ,L ~:', :~ ..... , ~;-"?. ": -~ .': ~ to annualC p~oclaim: ~h~We~k "-" : " " '~: fi~tio~i ~Boating Wee~ NOt THEREFORE, bt ~t ~r~latmed. by the Board OfGou~ Commissioners &Collier Cou~,2F~?t~· that the week bf M6Y 16.,22;:4 99&'.be de~tgnated as ~'~, .~,:4~:'~ ? ,' : ~' . .... ~, .':. ~':: DONE AND o~D THIS ~2th D. of May, ..~998, ~ '"' ' ,477'EST: BOA R D OF CO UNTY COMMISSIONERS CO££1ER COUNTY, FLORID)I DW1GL E. BROCK, CLERK 5 A 2 pR OCL~4 M,4 Ti ON ~VtiEREAS, 'WHEREAS, WHEREAS, NOW THEREFORE, be it proclaimed County. Fie DONE AND the problems of crime touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and we are fortunate that law enforcement officers from all area agencies dedicate themselves to, preserving law and order and the public's safety; and we recognize that the men and women in law enforcement risk their lives on a daily basis to protect oltr citizens and maintain social order; and we encourage all citizens to pause to recognize our law enforcement officers so that we may not take their work for granted. County Commissioners of Collier designated as Y ATTEST: E. BROCK, John C. Norris District 1 Timothy L, Hancod<, AICP [)lstrict 2 g rr~.thy J. Constantine strict 3 Pamela S. Mac'Kle District 4 Barbara B. Bern/ District 5 3,'.'.'.'.'.'.'.'.'~)1 East Tamlaml Trail · Naples, Florida 34112-4977 (941) 774-8097 * F~x (941) 774-3002 May 12, 1998 Colonel Joe R. Miller, District Engineers Department of thc Army Army Corps of Engineers, Jacksonville District P.O. Box 4970 Jacksonville, FL 32232 Re: Environmental Impact Statement Alternative Development Group (EIS ADG) Dear Colonel Miller: On behal l' of the Collier County Board of Commissioners, ! am requesting that you appoint the Collier County Planning Director, Mr. Robert J. Mulhere, AICP, to the ADG. The Collier County Board of Commissioners wishes to have Mr. Mulhere added to the ADG membership to ensure appropriate representation with respect to the County's Comprehensive Plan Policies, Goals and Objectives; Land Development Regulations; and sensitive land preservation and habitat protection initiatives. Since thc Lee County Planning Director and the Regional Planning Council have representation on the Commiuee, it is only fair that Collier County have an appropriate level ofstaffrepresentation as well. The original membership called for thirty appointments, of which twenty-nine have been filled. Please respond at your earliest convenience so that Mr. Mulhere can plan his schedule to be available for future ADG meetings. I have enclosed Mr. Mulhere's business card so that you can send any pertinent information directly to him. Thank you for you consideration in this matter. Sincerely, Collier County Board of Commissioners cc: Ali Board Members Robert F. Fernandez, County Administrator Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Bob Mulhere, AICP, Director Planning Services Department ; ..... 8c 2 WORK ORDER #PB-98-1 "General Contractor's Services' Contract #97-2763, dated March 28, 1998 This Work Order is I'or (';cncral Contraclor's Services. subject to thc terms and conditions of thc Conlract referenced above, for work known as: Project: Timbcr and Floating I'icrs for Sugdcn Regional Park. Work is specified in the proposal from Professional Building Systems, Inc., dated April 20, 1998, which is attached hereto and made a part of this Work Order. In accordance with Terms and ('onditions of the Agreement referenced above, Wo-k Order #PB-98-1 is assigned to Professional Building Systems. Inc. ~ Furnish all materials and labor for construction of thc Sugdcn Park pier facilities, including all timber and floating pier struclures, piles, incidental earthwork, site preparation, shore interfaces, overland walkways, ramps and gangways, in accordance wilh thc Contracl Drawings, Specil'ications and Documents. using 2"x6" plastic lumber as thc deck material and 2"x6" plastic lumber as thc handrail material for timber docks. Task I Timber and Floaling Piers for Sugdcn Park Schedule of Work: Complete within 60 days. [,iquidatcd l)amagcs: .$500 per clay for each and cverydaythalthc 60 day schedule is exceeded. Compensation: In accordance with Item No. 3 of Iht Agrecmcnl. thc County will compensalc the Firm in accordance with thc negotiated lump suni amount provided in thc schedule below. Task I $236,000.00 TOTAl. FEE $236.000.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the Ag~emcnt. z,~ Adolfo A. Gonzalez. ~E.~-Dircclor / l)arlc Office o[Capital Projccls Managcmcnl ... Maria Ramsey. l)irlclor Date Parks and Recreation Deparlmenl ATTESt: ', ' ~ BOARD OF COUNTY. COMMiSSiONERS Dwight Broc~.~..'Clerk~/~/ff ~. ] COLI.IER COUNTS, FLORIDA ' ~e~uty .Clerk ATTEST: " ' 2, By: Type Name and htl¢ Work Order #I'B-98-1 Page 2 (or) Witnesses (2) / (Prlnl Name) Signature Approved as to Form and I.cgal Sufficiency: Assistant County Attorney JD/sc/wo#P1½-98-1 RESOLUTION NO. 98-130 A RESOLUTION APPOINTING FAY R. BILES TO TilE COLI,IER COUNTY WATER AND WASTEWATER AUTIIORITY WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and Waslewater Utilities Regulatory Ordinance and provides that Ibc Authority shall be composed of five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be lechnical members and two (2) members of the Authority shall be lay members; and WHEREAS, there is currently a vacancy on this board under the category of lay member; and WHEREAS. tile Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Fay R. Biles is hereby appointed in thc lay member category to the Collicr County Water and Wastewater Authority to fulfill thc remainder of the vacant form, said tem~ to expire on May 21, t999. This Resolution adopted after motion, second and majority vote. DATED: May 12, 1998 ATTEST: DWIGHT E. BROCK, Clerk '/' , ':a' d Approved as to fom~ and legal sufficiency: Dav~ County Attorney DCW,~kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTION NO. 98-131 A RESOLUTION REAPPOINTING MEMBERS TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE WHEREAS, on Mamh 10, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92-16 which created thc Forest Lakes Roadway and Drainage Advisory Committee {'or the purpose of assisting the Board in providing and maintaining improved roadw~,y relaled drainage and roadway restoration as scl forth in County Ordinance No. 91- IUT; and WHEREAS, there are currently two (2) vacancies on the Forest Lakes Roadway arid Drainage Advisory Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, a memorandum was received from staff advising that the committee has made its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR!DA, that: I. Thomas P. Watts, Jr., is hcrcby reappointed to thc Forcst Lakes Roadway and Drainage Advisory Committee to fulfill the rcmaindcr of thc vacant term, said term to expire on April 21, 2002. 2. Robert O. Schocllcr is hereby reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a four year term. said term to expire on April 21, 2002. BE IT FURTHER RESOLVED that by unanimous vote of the Board of County Commissioners, the provisions or$cvcn (b)(1) of Ordinance No. 86-41, as amended, relating to a limitation of two consccutivc terms of office have bccn waived. This Resolution adopted after motion, second and majority vote. DATED: May 12, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIIT E. BROCK, Clcrk COLLIER COUNTY, FLORIDA Attest es to Chairman's s I,.:ln ature enl.y. Approved as to form and legal sufficiency: County Attomcy DCW/kn/utlv~sory board Naples Daily News Naples, FL Affidavit of Publication Naples Doily News NOTICE OF INTENT TO C ONSID~ ORDINANCE Notice IS hereby glen ~ARD OF C~NTY COMH[SS[ONERS that on TUESDAY, ATTN: NANCY SAL~U6 ~Y 12, 1WI. In ~ ~d F)~ Ad. PO ~X ~1~016 mlnh~ ~11~ C~- NAPLES FL ~101-~016 I~ C~ Cen~ 3301 E~t To,m- mi Troll, N~le~ mlttlo~rt ~11 c~tl~ ~e ~ment ~ o C~ ~dl~,. The ~e~ ~11 ¢~mence REFERENCE: ~12~0 8~551 ~. The rifle ~ of 57~1751 NOTICE OF INTENT T0 pr~s~ ~dl~e f~lo~ AN ORDINANCE AMENDING GROt. NANCE NUMBER 91-102. THE C~LIER COUNTY LAND DE. VELOP~ENT CODE~ ~ICH INCLU~S THE COMPREHENSIVE ZONING REGULA- TIONS F~ THE UNIN- CORPORATED AREA OF C~LIER COUNTY, FLORIDA, BY A~END- lNG TH~ OFFICIAL ZONING AT~S NUMBERED 86~341 CHANGING T~ ZON- ING CLASSIFICATION OF THE ~REIN ~RI~D REAL PR~- ERTY FRO~ ' " AGRICULTURE '~0 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GOLDEN PONO~ FOR A MAXI- ~U~ OF 75 MULTI- FAMILY DWELLING UNIT~ L~TED ON T~ST SI~ C.R. 951~ APPROXl- MA~LY 7~ NORTH OF THE INTERSEC- TION BE~EEN ~R. 951 A~ VAN~R~ILT ~A~ ROAD IN ~C- TION 34, TOWN~IP SOUTI% RANGE 26 ~BL[SHE0 ~: ~/26 EAST.COLLI~ C~N- TY, FL~ID~ CON~ TiNG OF 11.76 A~ES ~E ~ LE~= AND BY PROVIDING AN FECTI~ OA~. p~ P~.~.~, ~l- Planning Shog~e and AD S~ACE: 10~.~ ZNCH ~ K~ ~ K~ alneerlng, re~rese~lng ........................ : ........................... ~m~ o rez~ ................. , ~ "A" ~ '~UO' ~ ~ k~ A c~v ~ ~e ~ S~gnature of Affiant ' ' ''" ~dl~e Is ~ fl~ ~e C~~d~d Suorn to a~ Subscr~b~ before me th~s --'c~ day of~.:.~_ ~[ )_ '-~ t~ AIl J~er~ Pers~tLy k~n by me . ,~, ~ B~d ~ ~ ~ r~ '";L';:'*~" B~ARO OF COUNTY '/.. ~.:.'~,: '"' COLLIER COUNTY, FLOR~A '".;.,:.~'"' ~ ~,~,~ BARBARA B. BERRY~ C~IR~N DWIGHT E. BROCK, ~R~ B~/~/M~ ~tl ~ N~ 118~81 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 Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ~atL matter at the post office in Naples, in said CoLtter 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 coporatto+n any discount, rebate, coe~tssion or refund for the purpose of aecurtng this advertisement for pubLicatto+~ in the said newspaper. 12B !11111111111111111111111111111111111111111111111111111111111111 TO: MS. JITflITT! FI.ANA('.AN LOCATION'- NAPLES DAILT NI~S CO~HENTS: 263-4864 ii1111111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS. LOCATION: Collier County Courthouse FAX 1~O: (813) 774-8408 PHONE 'NO: (813) 776-8&06 ?52 03-3~ 12:19 ~"01'51 92634864 753 ~3-31 ] 89:38 ~ 01'57 192634864 OK OK 068C~16 068C~13 Time sent: i 12B 1 March 31, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider PUD-97-20 Dear Judy: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen ~Kenyon, Deputy Clerk Encl. Purchase Order No. 800551 12B 1! March 31, 1998 Ms. Nora Hames Patmore 202 60th Avenue St. Pete Beach, Fl. 33706 Re: Notice of Public Hearing to consider PUD-97-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure 128 1 March 31, 1998 Mr. William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Dr. #220 Naples, Fl. 34103 Re: Notice of Public Hearing to consider PUD-97-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure 12B 1 March 31, 1998 Mr. Beau Keene, P.E. Keene Engineering 240 Aviation Drive, Naples, Fl. 34104 Re: Notice of Public Hearing to consider PUD-97-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 12, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE 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 863334; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GOLDEN POND, FOR A MAXIMUM OF 75 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE WEST SIDE OF C.R. 951, APPROXIMATELY 700 NORTH OF THE INTERSECTION BETWEEN C.R. 951 AND VANDERBILT BEACH ROAD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.76 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-97-20, William Hoover, of Hoovery Planning Shoppe and Beau Keene of Keene Engineering, representing Nora Hames Patmore, requesting a rezoning from "A" to "PUD" to be known as Golden Pond. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) GOLDEN POND PUD 1213 1 A PLANNED UNIT DEVELOPMENT PREPARED FOR: NORA HAMES PATMORE 202 - 60TM AVENUE ST. PETE BEACH, FLORIDA 33706 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 and BEAU KEENE, P.E. 240 AVIATION DRIVE NAPLES, FL 34104 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Exhibit "A" December 23, 1997 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN 121~ 1 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS _P, AGE i 1 2 4 7 12 1 128 1 STATEMENT OF COMPLIANCE The development of approximately 18.76_+ acres of property in Collier County, a:., a Planned Unit Development to be known as Golden Pond PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan, The residential facilities of the Golden Pond PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element, The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The p~oject development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Residential Mixed Use. The projected density of 4.00 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Maximum Permitted Density 4 dwellinq units/acre 4 dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 128 1 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Golden Pond PUD. LEGAL DESCRIPTION The subject property being 18.76+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, SUBJECT to existing restrictions and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the East 30 feet thereof. PROPERTY OWNERSHIP The subject property is owned by: Nora Hames Patmore, 202 - 60th Avenue, St. Pete Beach, Florida 33706. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of C.R. 951, approximately 700 feet north of Vanderbilt Beach Road (unincorporated Collier County), Florida. Bo The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is located within the Harvey Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the C.R. 951 roadside ditch located at the east property line of the project. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 12.8 NGVD at the western edge of the property to 14.3 NGVD at the C.R. 951 right-of-way line constituting the eastern 1.6 1.7 property line. The average site elevation is 13.4 NGVD. The 'entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process, All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished floor' elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is: #2 - Holopaw Fine Sand. The site vegetation consists primarily of Slash Pine, Cabbage Palm, and cypress trees with upland areas of Slash Pine and Saw Palmetto. PROJECT DESCRIPTION The Golden Pond PUD is a project composed of a maximum of 75 residential units. These residential units are projected to be developed as: villas, coach homes, carriage homes, or single-family homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Golden Pond Planned Unit Development Ordinance". 12B 1 2.1 2.2 SECTION Ii PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the Golden Pond PUD shall be in accordance with the contents of this document, PUD Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Golden Pond PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 75 dwelling units shall be constructed in the residential areas of the project. The gross project area is 18.76! acres. The gross project density shall be a maximum of 3.998 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES 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 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen ma':erial and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 12B 1, 3.1 3.2 3.3 PURPOSE SECTION III RESlDENTIALAREASPLAN The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 75 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Bo Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. Essential services, including interim and permanent utility and maintenance facilities Water management facilities, including within any Native Habitat Preserve Areas. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed'compatible by the Develoament Services Director. 10. Carports are permitted within parking areas. 11. Garages are permitted at the edge of vehicular pavement. 3.4 DEVELOPMENT STANDARDS Table I Golden follows: sets forth the development standards for land uses within Pond. Front yard setbacks in Table I shall be measured the as If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parce', is served by a platted private drive, the setback is measured from the road easement or property line. B. Off-Street Parkinq and Loadin.q Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. STANDARDS TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback: Principal Structure Accessory Structure PUD Boundary Set- back: Principal Structure Accessory Structure Lake Setback Natural Habitat Pre- serve Area Setback Distance Between Principal Structures Distance Between Accessory Structure Maximum Height: Principal Building Accessory Building Minimum Floor Area Minimum carport or garage per unit 7,000 Sq. Ft. 5,000 Sq. Ft. 4,000 Sq. Ft. 60' Interior Lots (1)90' Interior Lots (1)100' (45')(2) 70' Corner Lots 110' Corner Lots (55')(2) 25' 20' NA 0' & 10' or both 5' 0' & 10' or both 5' NA 20' 20' NA 10' 10' NA NA NA 20' NA NA 10' 20' 20' 20' 25' 25' NA NA 10' 10' 35' and 2 stories 20'lClubhouse 35' 1200 Sq. Ft. 2 car garage 35' and 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage 25' One-half the sum of the heights. 10' 35' and 2 stories 20'/Clubhouse 35' 1 bedroom = 650 Sq. Ft./2 Bedroom = 900 Sq. Ft./3 Bed- room = 1050 Sq. Ft. 1 carport space or 1 car garage (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. 12B 1, Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minirnum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserYe area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Landscaping and Bufferinq Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Where two separate two-family or multi-family projects within the PUD abut each other, buffering and screening between them shali not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material Standards and Installation Standards, of the Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architecturai design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single- family or two-family project all roofs, except for carports, shall be I 0 Fo peaked and finished irt tile, metal, or architecturally-designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be architectura!ly designed, limited to a height of thidy (30) feet. .Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. II SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project, 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Developrnen[ Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, h~s successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval, Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12 12B 1 4.4 4.5 4.6 4.7 SCI4EDULE OF DEVELOPMENT/MONITORING REPORT A Site time of two (2) Development Plan shall be submitted per County regulations in effect at site plan submittal, The project is proiected to be completed in one (1) e: phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code ENGINEERING This project shall be required to meet all County Ordinances ~n effect at the time final construction documents are submitted for deve!opment approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Lake setbacks from the perimeter of the PUD may be reduced to twenty. five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 121 L 4.8 4.9 4.10 TRAFFIC The applicant shall be responsible for the installation of aderial level street lighting at the project entrance onto C.R. 951, Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment fo~' historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Cerlificates of Occupancy for the Development. Road Impact Fees shall be paid in accordance with Ordinance 92-22. as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the .uses and limitations similar to or as per Section 704.06 of the Florida Statutes. I4 12B 1 Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas., shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. · NORA PAT~fORE GOLDEN POND PUD MASTER PlAN EXIllBIT "A" I!;' :---:~-- : / , I I--- ; - , : "- ;[ ~' ~1'~ ' ' ' _1 ~ ~ ~ ~ ............................. >¢::::::~:.?:::: ........ u_:: ...................... ~ ~ '"_':~':'_/_ .............. :-;:::y .............................. ~ ~ '--- GOLDEN POND EENE - * .,,,,. ~ .,.,~ '%~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk Io thc Board: Please ifiacc lite followh~g ax a: XXX Normal legal Advcdiscmcnt (Display Adv. location, crc.) [] Olhcr: · . . ] Person: Dale: -, Petition No. tlr none. gwe brief description): PUD-97-20 Petitioner: (Name & Address): ISls. Nurm;m Il:roms Palmorc, 2__{)2 60'h Avctmc, SI. Pelc Beach, FL 3370o Name & Address of any person(s) Io be notified by Clerk's Office: (If mom space is needed, atlach separate sheet) Mr. William L. !l~vcr, AICP, ttoovc_r Phmning. Sh_!!~.p_c, 5051 Caslcllo Dr. ~(22t.)).,_~N!p_Lc~q _F~, 341_03 and Mr. Beau _Kcc_.__n.g P..F~:: Kccnc_En~v4.rm__~cni__L~ 240 Aviation Drive, Nal/Ics.,_[_FL..'1,4104 Hearing before XXX BCC BZA Other Newspaper(s) to be used: (Complete only if important): Based on advcrliscmcnt appcarin.g 15'~avs be£orc heating. XXX Naples Daily Ncv,'s Other [] Legally Rcqtnrcd Proposed Text: (hlchtdc legal dcscriplion & common location & Size: Petition No. PUD-97-20, William L. l loovcr, AICP, of Hoover Planning Shopp¢ and Beau Kcene, P.E., of Kecnc Engineer ng, representing Nora Hames Patmorc, requesting a rezone from "A" Io "PUD" Io be known as Golden Pond for a maximum of 75 multi-fitmily dwelling units for property located on thc '.,,'cst side of' G.R. 951, approximately 700 feet nortl', of the int,;:rs¢ction bctv,'ccn C.R. 951 and Vandcrbilt Beach Road, itl Section 34, "f'ownsrfip 48 South, Range 26 East, Collier County, Florida, consisting of 18.76 acres, more or less. Companion pctmon(s), if any & proposed hearing d:llc: Does Pctilion Fcc include advcrlising cosl'? ~cs [] No If Yes. ',,.Il:it account should be charged for advertising costs 113-138323-649110 Rcvicwcd by: ¢?,,~ ~ O~~ff Approved by: Division }Icad ~ Date County M;In;lgcr D;iIc List Attachments: DIS'I'I,H 11 t!TION INS'I'RUCTIONS A. For hearings before BCCor BZA: I,fitiatinglIersmlt, cmnplctc onc coy and obtain Division llcadalq)rovalbcforc submilting to Coumv. Manager. Nolo: If legal document is invoh'cd, l)c sure that any necessary Ic~al-. rc~scw," or request for same, is submitted to County Attorney I)cforc sul)mittin~ 1(, County Manager. TI~e Managc,"s nfficc ~ ill distribulc copies: [] County Ma,roger agenda file: to [] Requesting Division [] Original CleriCs Office B. Olher ]tearings: Initiating Division head to apl>rove ;md submit original to Clerk's Office. retaining a copy for file. FOIl CLERK'S OFFICE USE.,_/,ONLY:' ,, / . Dale Received: %/Z3,/¢/ Dale of Public hcarmg:- ),.' ;."Y7 Date Advertised: ~/5A~¢ ORDiNA~CE NO, 98- ]2B .1 AN ORDINANCE 'AMENDING ORDINANCE NUMBER 9]-102 THE COLLIER COUNTY [,AND DE",'ELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF' COLLIER COUNTY, FLORIDA BY AMENDING T}!E OFFICIAL ZONING ATLAS MAP NUMBER 863334; BY CHANGING THE ZONING CLASSIFICATION 07' THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GOLDEN POND FOR A MAXIMUM OF 75 MULTI- FAMILY DWELLING UNITS, LOCATED ON THE WEST SIDE OF C.R. 951, APPROXIMATELY 700 FEET NORTH OF THE INTERSECTION BETWEEN C.R. 951 AND VANDERBILT BEACH ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COI.LIER COUNTY, FLORIDA, CONSISTING OF 18.76 ACRES MORE OR LESS; AND BY PROVIDING AH EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP of Hoover Planning Shoppe and Beau Keene, P.E., of Keene Engineering, representing Nora Hames Patmore, 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 ,~f Collier ~'ounty, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Golden Pond PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 863334, as described in Ordinance ~lumber 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance :;nail i:,~ccme effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency ~Marjorie M. Student Assistant County Attorney PUD-97-20 ORDINANCE/ -2- ORF, iU.,\NCE NO. 9R-35 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FQR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER ~63334; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAl, PROPERTY FROM "A" AGRICULTURE TO "PUP" PI,ANNED UNIT DEVEI,OPMENT KNOWN AS GOI,DEN POND FOR A MAXIMUM OF 75 MULTI- FAMILY DWELl, lNG UNITS, LOCATED ON THE WEST SIDE OF C.R. 951, APPROXIMATELY 700 FEET NORTH OF THE INTERSECTION BETWEEN C.R. 951 AND VANDERBILT BEACH ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF la.76 ACRES MORE OF. LESS; AND BY PROVIDING AN EFFECTIVE DATE. WttEF',I. iAS, Torrance I,. Kepple .sf Ke!;pie Enainoerino, ;nc., represent:inq /fora Ilames Patm<,re, pc'. ~t..onod tho Board of County Commissioners t ~3 r:hal'ige Lbo ;:O:lir~,': ciassi fic.:tt, ion o[ the here!:. described real properly; NOW, 'FItEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zonin~ classification c~ the herein described real property located in Section 34, Tcwnship 4~ South, Range 26 East, Collier County, Florida, is changed irom "A" Agriculture to "PU~' Planned Uni[ Development in accordance with the Golden Pond PUD Document, attached hereto as Exhibit "A" and incorpora[ed by reference herein. The Official Zoning Atlas Map Number ~63334, as described in Ordinance Number 9~-t02, the Collier County Land Devckopmenu Cod~, is hereby ;~m~nded ~Jcco:cingLy. SECTION TWO: This Ordir:,-~r~,:e aha] i become effective upon filing with the F, eparxment, of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /9- day of ~J~/ , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: '_/ 'DWI~qtT E. BROCK,~ Clerk Attest. as to Cha[r~,~an's s Ig;lat,.,re Approved as to Form and Legal Sufficiency BY: Marjo~ie M. Student Assistant County Attorney PUD-97-20 ORDINANCE/ -2- Golden Pond PUD A Planned Unit Development Prepared for: Nora Hames l)atmore 202 - 60th Avenue St. Petersburg Beach, Florida 33706 Prepared by: Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL 34104 Date Filed December 23. 1997 Date Revised ~ Date Reviewed by CCPC Date Approved by BCC Ordinance Number Exhibit A Table of Contents Table of Contents List of Exhibits Statement of Compliance Section ! Property Ownership and Description Section II Project Development Requirements Section III Residential Areas Plan Section IV Development Commitments Page I Il 2-3 4-5 6-10 11-16 128 ! List of Exhibits Exhibit "A" PUD Master Plan Exhibit "B" PUD Water Management Plan II .2B 1 o STATEMENT O1: COMPI,IANCE Thc development of approximately 18.76+/- acres of property in Collier Count)'. as a Planned Unit Development to bc known as Golden Pond PUD will bc in compliance with the planning goals and objectives oF Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of tile Golden Pond PUD will be consistent with the grox~,lh policies, land development regulations, and applicable comprehensive planning objectives Ibc thc lk)lloxvlng reasons. 'Fbe subject property's location in relation to existing or proposed commumtv facilities and services permits the development's residential density as described in Objective 2 of thc Future l,and Usc Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future l.and Usc Element. Improvements arc planned to bc in compliance with applicable sections of thc Collier County l,and Development Code as set lbnh in Objective 3 of thc Future Land Use Element. Tim pro. icct development will result in an cflicmnt and economical allocatiun of community facilities and scrx, iccs as required in Polocies 3.1 and 3.11, of the Future Land Use Element. Thc project development is planned to protect thc functioning of natural drainage tbatures and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Thc project is located within the Urban Residential Mixed Use. The prOJected density of 4.00 dwelling units per acre is in compliance with the Future [,and Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density 4 dwelling units/acre 4 d~vclling units/acre All final local development orders Ibr this prOJect are subject to l)ivtsion 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I PROPERTY OWNERSIIIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of thc properly, and to describe the existing conditions of thc property proposed to be developed under the project name of Golden Pond PUt). 1.2 LEGAL DESCRIPTION The subject property being 18.76 +/- acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The North half of the Southeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Subject to existing restrictions and reservations of record; and Subject to an easement for public road right-of-way over and across the East 30 feet thereof. 1.3 PROPERTY OWNERSHIP The subject property is ovaied by: Nora Patmore 202 60th Ave. St. Petersburg Beach, FL 33706 1.4 Ae The subject property is located on the west side of C.R. 951, approximately 700 feet north of Vanderbilt Beach Road (unincorporated Collier County), Florida. B. '['he entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the C.R. 951 roadside ditch located at the east property line of the project. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 12.8 NGVD at the western edge of the property to 14.3 NGVD at the C.R. 951 right-of-way line constituting the eastern 2 12G' 1 1.6 1.7 property linc. The average site elevation is 13.4 NGVD. Thc entire site is located within FEMA Flood Zone "X" with no base tlood elevation spcciticd. The water management system for the project proposes thc construction ot'a perimeter berm with crest elevation Set at or above the 25-year, 3-day peak llood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will bc permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations oF SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate oF 0.15 cfs/acrc; minimum roadway ccnterlinc, perimeter berm and finished floor elevations', water quality pre-treatment: and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, thc soil type /bund within the limits of the property is #2 - Holopaw Fine Sand The site vegetatmn consists primarily of Slash Pine, Cabbage Palm and cypress trees with upland areas of Slash Pine and Sa,,',' Palmetto. The Golden Pond PUD is a project composed of a maximum of 75 rcsidcntml units. These residential units are projected to be developed as: villas, coach homes, carriage homes, or single-family homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land ust.'s, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and. cited as the "Golden Pond Planned Unit Development Ordinance". 3 12B 1 SECTION il PROJECT DEVELOPMENT REQIIlREMENTS ]'he purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of' the tracts included in the project, as well as other project relationships. 2.2 ~ A. Regulations for development of the Golden Pond PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of an3' development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and PreliminaD, Work Authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the [.and Development Code shall apply, B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier Count'5' Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Golden Pond PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition ,,viii be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at thc earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 ~TION OF PROJECT DENSITY OR INTENSITY OF LAND 4 A maximum of 75 dwelling units shall be constructed in the residential areas of the project. The gross project area is ! 8.76 +/- acres. Thc gross density shall be a maximum of 3.998 units per acre. 2.4 RELATED PROJECT PLAN APPROYAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes thc required PUD Development }:'lan. Any division of the property and thc development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and thc platting laws of the State of Florida. B. The provisions ot' Division 3.3, Site Development Plans or' thc Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to thc issuance ora building permit or other development order. C, Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedication to Collier County and thc methodology for providing perpetual maintenance ot'common facilities. 2.5 ~ITS_AND SALES FACILITJl:~ A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33 4 of the Collier Count)' [,and Development Code. B. Temporary sales trailers and construction trailers can be placed on thc s~te after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of thc [.and Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTIIEN MATERIAl. The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to thc following conditions. A, Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. Ail other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN The purpose of this Section is to identity specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. .MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 75 units, PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Er. nuilte, d_P_rMcipal Uses and Structures: 1. Single- family dwellings (includes zero-lot line) 2. Two- family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). B. Permitted Accessory. Uses and Structures: I. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basket- ball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehousc. 5. Essential services, including interim and permanent utility and maintenance facilities. 6 3.4 6. Water management facilities, including those within any Native Habitat Pre- serve Areas. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas within any Natural Habitat Preserve Areas, aflcr the appropriate environ- mental review. 8. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory, use deemed comparable by the Development Services Director. 10. Carports arc permitted within parking areas. I I. Garages are permitted at the edge of vehicular pavement. I)~.,_¥.F,L.Q~P~ T STANDARDS A, 'Fable I sets forth the development standards for land uses within the Golden Pond PUD. Front Yard setbacks in ]'able 1 shall be measured as follows: I. If thc parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. B. _O. IL~~king and Loadi~g.geguir_clllta~ As required by Division 2.3 of the [,and Development Code in effect at thc t~mc of building permit application. 7 1 TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS SINGLE -FAMILy ]~YJ~aJ~,~[I~ MULTI- FAMILy Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 7,000 Sq. Ft. 5,000 Sq. Ft. 4,000 Sq. Ft. 60' Interior Lots (!) 90' Interior Lot 100' (1) (45') (2) 70' Corner Lots 110' Corner Lots (SS') (2) 25' 20' NA 0'& 10' or both 5' 0'& 10' or both NA 5' Rear Yard Setback: Principal Structure 20' Accessory Structure 10' PUD Boundary Set- back: Principal Structure NA Accessory Structure NA Lake Setback 20' Natural Habitat Preserve Area Setback 25' Distance Between NA Principal Structures: Distance Between Accessory Structure: Maximum Height; Principal Building Accessory Building Minimum Floor Area 10' 35'& 2 stories 20'/Clubhouse 35' ! 200 Sq. Fl. Minimum carport or garage per unit 2 car garage (2) May be reduced on cul-de-sac lots. 20' NA I0' NA NA 20' NA Iff 20' 20' 25' NA 10' 25' One half the sum of the heights. 10' 35'& 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. I car garage 46'& 3 stories 20'/Clubhouse 35' I BR = 650 sq.fi. 2 BR = 900 sq ft. 3 BR = 1050 sq ft 1 carport space or 1 car garage Minimum lot frontage in parenthesis applies in cases whcrc a dwelling unit in a 2 family structure is on an individually platted lot. 12t 1 Ce Open Space/Natural tlabitat Preserve Area Requirtill. tll~ !. A m/n/mum of sixty (60) percent open space, as described in Sect/on 2.6.32 of the Land Development Code, shall be provided on-site. 2. A minimum of txventy five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing thc largest contiguous ama possible, shall be retained on-site, as described in Section 3.9.5.5.3 of thc Land Development Code. 'l~n.d-.ll-ufferin g Requirements;_ I. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Where two separate two-family or multMhmily projects within the PUD abut each other, buffering and screening between them shall not be necessary, duc to the unified architectural theme throughout the entire PUD, as described w/thin Section 3.4E of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family project within the PUD, a ten (I0) foot buffer shall be provided between them, vdth trees provided at twenty five (25) feet' on center and a single hedge also provided w/thin such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material Standards and Installation Standards, of lhe Land Development Code. 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said uniSed architectural theme shall include: a similar architectural design and usc of similar materials and colors throughout all o1" the buildings, signs, and f~nces/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all rool~, except for carports, shall be peaked and fin/shed in tile, metal, or architecturally designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height ofthirty (30) feet. 9 Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 10 4.1 4.2 4.3 4.4 SECTION IV DEVELOPMENT COMMITMENTS Thc purpose of' this Section is to set forth the commitments lbr the development of this project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at thc time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land ',','/thin the PUD is not to be platted. Thc developer, his successor and assigns, shall be responsible for thc commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCItEDULE OF DEVELOPMENT/MONITORiNG REPOR[ A. A Site Development Plan shall be submitted per County regulations in effect at time ofsite plan submittal. The project is projected to be completed in one (I) or two (2) phases. 4.5 4.6 4.7 B, The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier Count), Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at thc time final construction documents are submitted for development approval. B. Design and construction of all improvements shall bc subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2 Subdivisions.. WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent t'o Collier County Development Services with the SDP submittal. B. A copy of!he SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D, Lake setbacks from the perimeter of the PUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. A. Central water distribution shall bc constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements required by the County shall be dedicated to the County tbr ownership, operation and maintenance purposes. All water facilities constructed on private properly and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water facilities within the project the facilities shall be tested and inspected to insure they meet Collier County State and Federal requirements at which time they shall be conveyed to the Collier County Water/Sewer District, 12 4.8 when required by the Public Works Divisions, Water Department prior Io being placed in service. ' B. All construction plans and technical specifications and proposed plats, il' applicable, lbr the proposed water distribution system shall be reviewed and approved by [5,ngirmcring Review Services, Community Development, prior to commencement of construction. C. Tie-in to the County Regional Water system shall be made to tile 24" water main on the West side of C.R. 951. Main sizing on site shall be determined and dictated by the Collier County LDC Section 3.2.8.4.8 Fire Hydrants. Potable water for fire flows shall be in sufficient quantity for the purpose of fire fighting at the furthest point from thc proposed tie-in D. Stubs for future system interconnects with adjacent properties shall bc provided to the west, south and north property lines of thc project, at locations to be mutually agreed to by thc Public Works Division and the developer during thc design phase of thc project. A. Sewage collection system shall bc constructed throughout the project bv thc developer pursuant to all current requirements of Collier County and the Sta'tc of Florida. Sewer facilities constructed within platted rights-ol:wa'v or within utility easements required by the County shall be conveyed to the Coun'ty for ownershil~, operation and maintenance purposed pursuant to appropriate Count,,,' Ordinances and Regulations in effect at the time of conveyance. 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 sewer thcilitics within thc project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in efii~ct at the time construction plans are approved. The above tasks must be completed to the satisfaction or' thc Development Sen'ices, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the sewer facilities and prior to issuance of Certificates of Occupancy for structures within the project, the utility facilities shall be conveyed to the County when required by Public Works pursuant to County Ordinances and Regulation} in effect at the time the conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable. for the proposed sewage collection system shall be reviewed and approved by Development Services, Engineering Review Section prior to commencement of construction. 13 128 4.9 A. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance onto C.R. 951, prior to the issuance of an,., Certificate of Occupancy. ~ B. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. C. Road improvements required tbr this prOJect, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the Developrnent. D. The Count,./reserves the right to restrict and/or modify thc location and usc of future median openings itt accordance w/th Resolution 92-422, thc Collier County Access Management Policy, as it may be amended from time to time, and consideration of safety or operational concerns, Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the Count), be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. E. Northbound and southbound left and right turn lanes will be required on C.R. 951. These improvements are considered site-related and shall not be eligible for any impact fee credits including compensating right-of-way for turn lanes and median areas, dedicated by the applicant to reimburse the County for the use of existing right-of-way. Construct/on shall be completed prior to the issuance of any Certificate of Occupancy for the development. F. Road Impact Fees shall bc paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners, Road hnpact Fees shall be computed in accordance with the applicable category as set forth in the referenced Ordinance. G. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat length for vehicle stacking shall be 75'. Where the expected peak hour traffic volumes are equal to or lq'eater than 30 vehicles, the minimum throat length shall be 100'. 14 12@ 1 it. The applicant shall contribute a fair share toward the cost of traffic signals at the project entrance or at the intersection of C.R. 951 and Vandcrbilt Beach Road Extension, if and when deemed warranted by the County. Such traffic signals shall be owned, operated and maintained by the County. !. The project shall provide an interconnecting access drive (road) to the property to the south along with a publicly dedicated easement or right.-of-way from C.R. 951 to the point ofconnection to tile south property line. 4.10 A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department ccmtactcd A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Ali conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance w/th Sections 3.2.8.4.7.3 and 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the Stale i5 128 i of Florida Environmental Resources Permit R. ules and be subject to review and approval by the Current Planning Environmental Review Staff. D. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation'preservation areas, shall be submitted to Current Planning Environmental Review Staff tbr review and approval prior to Final Site Development Plan/Construction Plan approval. 16 4 4 - ZOt,!INC (~c ~ ~) N.O~'24'54"W 669. DJ'I -'-- GOLDEN POND ~ .- ZONffvS t;!111 (,,'o,=o,u it[j;! ~K E E NE"~N"GINEERIr~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Florida, do hereby certify that the foregoin9 is a true copy of: ORDINANCE NO. 98-35 Which was adopted by the Board of County Commissioners on the i4th day of May, 1998, durin9 Regular Session. WITNESS my hand and the official seal of tile Board of County Commissioners of Collier County, Florida, this 14th day of May, 199!~. DWIGHT E. BROCK __." .~..., Clerk of Courts and .c'le. rk"....' .... Ex-officio to Board.-of ..' ., '. County Commission~"s'..;' By: Maureen Kenyon'-, ,, '.'.'? ' :' '"' Deputy Clerk....' NapLes DaiLy News NapLes, FL 33940 Affidavit of Publication NapLes DaiLy News .................................................. + ........................... Z BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57666109 NOTICE OF INTENT TO 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 I~):rlCE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given f~of on TUESDAY, APRIL 14.~.1~98, In the room, 3rd Flor, Adminls. fr~lon Building Co Coun~ GOvern~'enf Cen- ter, 3301 Eost Tam omi Troll, Naples, Pl~l~ B~rd of C~n~ Co"mis. signers will c~$l~r ena~ment O~ O Cou~ Ordinance. The meeting will COmmence ~ A.M. The title at of ~;,~d Ordtnonce I, AN ORDINANC AMENDING ORD~ NANCE NUMBER 9 -102 THE COLLIER COUN'TY LAND DE. VELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA. TIONS FOR THE UNIN. CORPORATED AREA OF COLLIER COUNTY FLORIDA BY AMEND.' lNG THE OFFICIAL newspaper has heretofore been continuously ZONING ATLAS MAP published in said Collier County, Florida, each NUMBER 06045- BY CHANGING THE ' 7ON. day and has been entered as second class mail lNG CLASSIFICATION matter at the post office in Naples, in said OF THE HEREIN DE. SCRIBED REAL PROP. Collier County, Florida, for a period of 1 year ERTy FROM "A" TO next preceding the first publication of the "PUD" PLANNED UNIT DEVELOPMENT attached copy of advertisement; and affiant KNOWN AS BRIDGE PUD FOR A further says that she has neither paid nor RESIDENTIAL DEVEL. promised any person, firm or coporation any OPMENT INCLUDING I A CHURCH FACILITY J discount, rebate, commission or refund for the OR A NURSING HOME purpose of securing this advertisement for ON TRACT "B", FOR publication in the said newspaper. PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA PUBLISHED ON: 03/29 BOULEVARD, AP , PROXIMATELY 1/4 MILE NORTH OF DAVIS BOULEVARD, FUR. THER DESCRIBED AS , THE NORTHWEST OF THE SOUTHWEST ]/4 IN SECTION 41 TO~tNSHIP 50 SOUTH:; AD SPACE: 112.000 INCH RANGE 26 EAST. COL. LIER COUNTY, FLORI- FILED ON: 03/30/98 DA, CONSISTING OF 3~.J2 ACRES; AND BY PROVIDING AN EFFEC. TIVE DATE. Petition PUD-96. ~2 j. Signature of Affiant '' ' / r '~ .Gar,/ Buffer, RE., of'B~f. ~er Engineering, Inc., rep- resenting Royce O. Sworn to and Subscribed before me this ,: day of ' ' i ' ~ 19" Stallings, .Jr., requesting rezone from "A" fo "PUD" to be known as Bern. Personally known by me ,'~ _'"/' ' / ! {':~ , '/ '~,~~...'./", , bridge PUD fo~ o maxi. / mLJm 279 multi-famlv dwelling untfs InCluding the c~flon fo~ a 10 000 square toot church tociflt~ with 600 seats Ol'~d Cl nurs. Jng home. ^ C~oJes of the Proposed urol~nce are on tile with the Clerk fo fha Boord and ore available for InsPec. tlon. All Interested pottles ore Invited to attend and be heard. ~¥ Person who decld- ~ decision of need 0 cord of fha proceedings pertaining thereto and fherefor~:~ may need fo ensure thai o verbatim of the upon base.d. aUNTY COUNTY, B. BERRy, E. BROCK, No..7S., IL ............. L ............... J 2 intero ce memo Date: 3119/98 TO: Barbaa Pedone, Adm. Sec. County Manger FROM: Bryan Milk, Projccl Planner Planning Services S[)BJ: P[JD-96-12 "BEMIIRID(iFj' Please be advised the above referenced petition will be continued from the April 14th BCC meeting to the Apdl 28TM meeting. If you have any questions, give me a call. cc: Marureen Kenyon, Clerk to Bce Johnnle Gebhardt Adv. File !!1111111111111111111111111111111111111111111111111111111111111 TO: MS. JUDITH izI~,NA~AN LOCATION: NAPLES DAILY NEWS PAX NO.: COMMENTS: 263-4864 IIii!!i11111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE 'NO: (813) 776 -,~406 10:07 I 00°01'J2 10: I 1 00° 01 ' 53 926J4864 15: iS 00°02'09 I ]92634S64 OK ~Jb~cL~b~300008C 1C 068CE~DS~OOOOSA12 068C008000008A14 lata sent: Time sent: 120 March 13, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition PUD-96-12 Dea~ Judi: Please advertise the above referenced notice one time on Sunday, March 29, 1998 and kindly send the Affidavit of Publication, in duplicate, together with charges involved this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order ~800551 128 Z March 13, 1998 Mr. Royce O. Stallings, Jr. % Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 Re: Public Hearing to Consider Petition PUD-96-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure March 13, 1998 Mr. J. Gary Butler, P.E. Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 Re: Public Hearing to Consider Petition PUD-96-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this pubiic hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0604S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BEMBRIDGE PUD FOR A RESIDENTIAL DEVELOPMENT, INCLUDING A CHURCH FACILITY OR A NURSING HOME ON TRACT "B", FOR PROPERTY LOCATED OX THE EAST SIDE OF SANTA BARBARA BOULEVARD, APPROXIMATELY 1/4 MiLE NORTH OF DAVIS BOULEVARD, FURTHER DESCRIBED AS THE NORTHWEST I 4 OF THE SOUTHWEST 1/4, IN SECTION 4, TObqWSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.82 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-96-12, J. Gary Butler, P.E., of Butler Engineering, Inc., representing Royce O. Stallings, Jr., requesting a rezone from "A" to "PUD" to be known as Bembridge FUD for a maximum 279 multi-family dwelling units including the op[ion for a 10,000 square foot church facility with 600 seats and a nursing home. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested parties are invited to attend and be heard. 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 made, which record includes the testimony and evidence upon whici~ the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ORDINANCE NO. 98- 128 2 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-i02 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS .:"OR THE UNINCORPORATEP AREA OF COLLIER COUNT':', FLOr{IDA BY AMENDING THE OFFiCiAL ZONING ATLAS MAP HUMBER 0604S; BY CHANGi::G ?HE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UHIT DEVELOPMENT KNOWN AS ~EMBRiDGE PUD FOR A RESDENTiAL DEVELOPMENT, iNCLUDiNG A CHURCH FACILITY OR A NURSING HOME ON TRACT "B", FOR PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, APPROXIMATELY ~ MILE NORTH OF DAVIS BOULEVARD, FURTHER DESCRIBED AS THE NORTHWEST h OF THE SOUTHWEST 1/4, iN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.82 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, J. Gary Butler, P.E. of Butler Engineering, inc., representing Royce O. Stallings, Jr., petitioned the Board of County Commissioners to change the zoning classifica%icn of the her~in described real prcperty; NOW, THEREFORE BE !T ORDAINED by the Board of C~unty Commissioners of Collier County, Florida: SECTION ONE: The zoning classificazion of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, ts changed from "A" to "PUD" Plannec Unit Development in accordance with the Bembridge PUD Documens, attached hereto as Exhibit "A" and incorporated by reference herein. The Official lonin~ Atlas >Iap ~h:mber 0604S, as ,Jescribec in Ordinance Number 91-102, the Collier County Land Developmen5 Code, is hereby amended acccrdingly. SECTION TWO: This Ordinance shall beccme effective upon [iL!nc with the Department ot.~Ctate. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of i998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Cle:k BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Mar]oldie ~. Student Assistant County Attorney PUD-96- !2 ORDINANCE/ -2- BEMBRIDGE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ROYCE O. STALLINGS, JR. C/O BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 34109 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 and J. GARY BUTLER, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FL 34'109 DATE FILED DATE RE-V~S ED DATE REV1EWED BY CCPC ....................... DATE APPROVED BY BCC ORDINANCE NUMBER 2 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPER'f'Y OWNERSHIP AND DESCRIPTION DEVELOPMENT REQUIREMENTS DEVELOPMENT STANDARDS DEVELOPMENT COMMITMENTS pAG_.E i ii 1 2 4-6 7-11 12- 14 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN/WATER MANAGEMENT PLAN VICINITY MAP SERVICES AND SHOPPING FACILITIES MAP AERIAL PHOTOGRAPH/FLUCCS MAP SOILS MAP TOPOGRAPHIC MAP 2. 2 STATEMENT OF COMPLIANCE The development of approximately 39.82 acres of property in Collier County, as a Planned Unit Development to be known as Bembridge PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential and possible quasi-residential facilities of the Bembridge PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1,H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 7.0 dwelling units per acre is in compliance with Ihe Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Residential Density Band M~imum Permitted Density +4 dwelling units/acre dwelling units/acre dwelling units/acre 8. All final local development orders for this project are subject to Division 3.'~5, Adequate Public Facilities, of the Collier County Land Development Code. 2 SECTION I - PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Bembridge PUD. 1.2 LEGAL DESCRIPTION The subject property being 39.82 acres, and located in Section 4, Township 50 South, aJqd Range 26 East, is described as: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, less the Westerly 60 feet thereof for Santa Barbara Boulevard right-of- way, of Collier County, Florida, less the Southerly 30 feet of the Westerly 597.24 feet thereof for a proposed future joint access way. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Royce O. Stallings, Jr. C/O Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Santa Barbara Boulevard, 1/4 mile north of Davis Boulevard (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 2 1.5 PHYSICAL DESCRIPTION The project site is located within the Lely Canal sub-basin. Runoff from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around Royal Wood to a canal which is tied to the Lely Canal. The current permitted pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and runoff attenuation to pre-development rates. Elevations within the project area range from 9.5 to 10,5 NGVD. The site is within Flood Zone "X" per FIRM panel 120067 0415. The Collier County soils maps describe the site as Boca fine sand and Pineda fine sand. The site is currently in citrus production. 1.6 PROJECT DESCRIPTION The Bembridge PUD is a multi-family residential project with a maximum of 279 units. Depending on market conditions, a nursing home with up to 130 beds and/or a church with up to 10,000 square feet (600 seats), may be constructed in lieu of some of the dwelling units. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bembridge Planned Unit Development Ordinance". SECTION II - DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Ao Regulations for development of Bembridge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards, the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and graphic material presented depicting restrictions for the development of Bembridge shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Fo Development permitted by the approval of this petition, will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code, at the earliest, or next to occur of either, Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 'ii ii iii III ' I IIIIIII1~11 ......................... I -- II 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. General configuration of the land uses is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A". easements such as (utility, private, semi-public, etc.) shall be established within or along the tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE,g A maximum of 279 dwelling units shall be constructed in the residential portion of the project area. If a nursing home or church is constructed, that area utilized (up to 5.0 acres in size) shall be subtracted from the gross project area for the purposes of computing density. The gross project area is 39.82 acres. The gross project density shall be a maximum of 7.0 units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided a[ the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 12B 2 2.6 2.7 MODEL UNITS AND SALES 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 of the Collier County Land Development Code. Bo Temporary sales trailers/modular offices can be placed on the site after Preliminary Site Development Plan approval and prior to the recording of plats subject to the other requirements of Section 2.6.33 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock piling in preparation of water ,~ ,',~',f,~'~ O; tO ,..~'he,'~se deveCop w.afef' bo~e:s ,s hereby loerrmffed'. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. C. Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approval of the Commercial Excavation Permit. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 128 2 SECTION III- DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards fo~' Tracts A and B as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 279 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. One-family and two-family dwellings (on land under common ownership). 2. Townhouse dwellings. 3. Garden apartment dwellings. 4. Multi-family dwellings. 5. Group care facilities (group I or II), or nursing homes within Tract "B" only and subject to Section 2.6.26.3 of the Land Development Code. 6. Churches within Tract "B" only and limited to a maximum of 10,000 square feet and a maximum of 600 seats. 7. Interim agricultural and related uses, up until the time construction commences for the residential uses. 8. Any other uses deemed comparable in nature by the Planning Services Manager. 121 2 B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings/clubhouses, and basketball/shuffle board courts. 3. Manager's residences .and offices, temporary sales facilities and model units/homes. 4. Water management facilities and lakes. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Gatehouse. 3.4 7. Parsonage in Tract "B", and in conjunction with a church only. 8. Any other accessory use deemed comparable in nature by the Planning Services Manager. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Principal structures: (a) Yards Along Santa Barbara Boulevard - Seventy (70) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures. (b) Yards Along the Northern PUD Boundaries - Twenty-five (25) feet for one (1) story structures, forty (40) feet for two (2) story structures, and three hundred (300) feet for three (3) stoW structures. (c) Yards Along tile Eastern and Southern PUD Boundaries Twenty-five (25) feet. Yards Along the Boundary between Tracts "A" and "B' - Fifteen (15) feet for residential units and one (1) foot for each foot of height for any nursing homes or church facilities developed on Tract "B". Not applicable if Tract B is utilized for residential units. (e) Yards from on-site lakes - Twenty (20) feet. (f) Yards for internal tracts resulting from subdivision of the PUD: Front - 30 feet or ½ the building height Side - 20 feet Rear - 20 feet 2. Accessory Structures: (a) Carports and garages. (b) Setbacks shall Development application. be as required by Division 2.6.2 of the Land Code in effect at time of building permit B. Distance Between Principal Structures: 1. Between one (1) stow structures - Ten (10) feet. 2. Between one (1) stow and two (2) story structures - Fifteen (15) feet. 3. Between one (1) stow and three (3) stow structures - Twenty' (20) feet. 4. Between two (2) stoW structures - Twenty (20) feet. 5. Between two (2) stoW and three (3) stow structures - Twenty-five (25) feet. 6. Between three (3) story structures - Thirty (30) feet. C. Minimum Floor Area (residential units): 1. One bedroom units ~ Seven hundred fifty (750) square feet. 2. Two bedroom units - Ten hundred (1000) square feet. 3. Three bedroom units - Twelve hundred fifty (1250) square feet. i I III III IIIII - - I- I I ...... ~"~"~ " ............ IIIrll] II 12B Z 4. Four bedroom units- Fifteen hundred (1500) square feet. D. Maximum Heiqht: Forty (40) feet or three (3) stories, whichever is the most restrictive. Church steeples and crosses may exceed this height limit. E. Off-Street Parking and Loadinq Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. F. Open Space Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code. G. Landscaping and Bufferin.q Requirements: A Type "B" buffer (LDC 2.4) shall be provided along the Northern, Eastern and Southern PUD Boundaries exclusive of the area abutting the natural preserve area of the Santa Barbara Landings development where no buffer shall be required. A Type "D" buffer (LDC 2.4) shall be provided along Santa Barbara Boulevard. Internal buffers for tracts resulting from the subdivision of the PUD shall be in accordance with Division 2.4 of the Collier County Land Development Code. H. Architectural Standards All buildings, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel. Landscaping and streetscape materials shall also be similar in design throughout the subject site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approwJ demonstrating compliance with these standards. I. Signs Signs shall be permitted as allowed within Division 2.5 of the Collier County La. nd Development Code, Signage shall also meet the architectural standards further described in Section 3,4H, of this PUD Document. SECTION IV - DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In additioq, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12 12B 2 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submitta]. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING 4.6 4.7 A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) permit shall be provided prior to the issuance of any excavation permits. UTILITIES 4.8 A. Availability letters and construction plan approval from Collier County Utilities shall be provided prior to Final Subdivision Plat or Site Development Plan approval. TRAFFIC A. The developer shall install arterial level street lighting at all project access points prior to the granting of any Certificates of Occupancy for the project. The developer agrees to, upon request by the county, dedicate an additional forty (40) feet of right-of-way along Santa Barbara Boulevard in fair exchange for transportation impact fee credits at the current market value excluding any increase in value due to the approval of change in zoning classification. Access, including a median opening in Santa Barbara Boulevard, shall be consistent with the County's Access Management Policy then in effect at such time as this zoning is granted. The County reserves the right to control access, including median modifications, as may be necessary to preserve safe operational conditions and to preserve roadway capacity. D. The developer shall confirm the drainage outfall capacity, by both routirlg analysis and routing capacity. The developer shall be responsible for a "fair share" contribution towards the cost of any traffic signal upgrades necessitated by this project at the following intersections Services: Santa Barbara Boulevard / Davis Boulevard Santa Barbara Boulevard / Radio Road In addition, the developer shall provide a "fair share" contribution for any traffic signal system found to be warranted in the future at any project entrance. Any such signal shall be owned, operated and maintained by the County. It shall be the County's sole determination as to whether any such signal is warranted. ~nterconnection with adjacent parcels is not applicable, with the e.xception of an existing joint access agreement With the Santa Barbara Shoppes PUD and the Neapolitan Park PUD. 4.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.10 ENVIRONMENTAL A. An appropriate portion of native vegetation sh~,ll be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring , and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan / construction plan approval. 14 12~ 2 15 12B 2 TRACT A RESID£NDAL AREA w !' EXHI,~I T A --- MA ~' l'E'f~ PI_ A N 2 R ROAD (C.R. 8,56) (~REEN HERON LEAWOOD 'LAKES IV BRETONNE PARK PROJE 84) VAf~(.) [ X; FAILING "- WATERS / z o F-z J ES SH OPPES AT SANTA BARBARA X ,,( :> TAt :S TW[LVlE /// ' SHAMROCK COUNTRY OLUB / ,\/ ,.,' ~,'.' ¢// /? / i.l( 'A it( ~/x,/ ,t.r .1 VICE.S' AND .%'t-tOPtPlNC f-AC//_/1/[:..> MAF' N ¢ t'.lc' &',hJu t~ / I0 (h A C / / / ,/ (;OV[ ICNM[ N IAI. f-ACII I (;oldf,rl f;olo Community Pur~' (:nld~n Cote Librory ['me~gency Medicol ~ervices [~ldg t ,r~, Deportment C'olhc'r County (;ovc'rnment (Tn~l/tv Cr~unty Fhcfifl I" ZOO' I,~\1111}1 I' "1)" NORTll 1.2B 2 2 S i ~_~ -...--~--'-] 0 200 400 21 BOCA F. 5. 21 t30CA F.S 14 PIN£'DA 657.24 &954'54' w'f37~. 48 L XI tIlY l L' ',~ VI " .~ MAt-' 2 ,9.6 S iO.J 400 10.2 ~0.4 I0. b 9.7 9.9 9.8 10.7 9.8 / lO. 2 10.7 / / / / NO TE: ELE'~A lION DO NO r RE'J~i. EC 1' 17t£ JSEDOING ~98J CON$lT:~JqrlON OF' 774E (~t~OV~ ANL~ RESE'RVt~R AREA / X////?I/ t 1'0/"()C;/C4/'///~' REQUEST FOR LEGAL ADVERTISING OF PUBLIC ttEARINGS To: Clerk to lhe Board: Plea~ place the following as a: XXX Normal legal Advertise,neat [] Other: (Display Ad,,'.. location, etc.) Originating Dcpt/Div: Comm. Dcv. Scn../Planning Person: /*~\" /g'~ Dale: .~ ~ Petition No. (If none. give brief description): PUD-96-12 Petitioner: {Name & Address): Royce O:~12nll~s~Jy., % Buffer [~D~, 1n~=.2223 Trade Center Wav~aElcs~P~ 34109 Name a Address ofany ~rson(s) lo ~ nolificd by Clerk's Office: (If more space is needed, altach scparmc sheet1 j. Gan. Bull~ PE. Bullet En~inecp~ Inc., 223 Trade Center WaL ~ FL 3.1 IO9 Heanng ~fore XXX Bce BZA Oflmr Requested Hcari ng dale: ~/'~/q~--Bascdonadvcnisc,,,cnlap~ari,,glSdays~forchcartng N'c~vspa~rls} ~obc used: (Complclc only if im~mmt): XXX N,plcs Daily News Other ~ Legally Required Pro~scd Text: (Include legal dc~ription & cmnmon I~ation ~ Size: Pcmion No~-12 ~ Gm, Buffer P.E. or Bmlcr En mccrm lac re resentm RoxceO S~alhn s Jr. rc ucslm a rezone from A ~o ~ursm, home on Tract "B" for ro m' I~ated ~ mile noah of Davis Boulcvar~ mqxmmm 279 multi-family dwellin unils includin the o lion fir a l0 0~ s uarc ~ wilh 6~ ~ats and a S~flm~s~ % ofScciion 4 Townshi 50 S ull~ Ran c 26 Easl, Collier Coumv, Florida. consisiing of 39.8~.acrcs. '~ Companion petition(s), if:my & proposed hearing date: Docs Pc[ilioll Fcc include adverlising cost'? ~Yes [] No 113- 138323-649110 Reviewed by: ,' ~ .... Division Head Date List AltaChlll¢lllS: If' Yes. uhat accotmt should be charged for advertising COSlS: · ' Approved by: Counlv Manager Dale DISTRIBUTION INSTRUCTION§ A. For hearings before BCC or BZA: lnitiatin~ person to complete one co)' and obtain Division Head approval before submitting, to CountyM:maller. Note: If legal document is involved, besurethat for same, is sul}milted to County Attornev before submitting, to Counlv Manager. any neces.sarv legal review, or request copies: The Manage;"s office will distribute [] Count). Manag,er al~enda file: to [] Roquesting Division Clerk's Office [] Original B. Oilier hearings: Iniliating Division head to approve and submit original 1o Clerk's Omcc. retaining a cop.,,, for file. FOR CLERK'S OFFICE USE ONLY: . Dale Received: ~ Date of Public hearing: ~//,~/gc°' Date Adverliscd: -,,f../-,l't~YffhTff ~2~ 2 interoffice memo Date: APRIL 27, 1998 TO: BARBARA PEDONE, ADM SEC. TO COUNTY MANAGER FROM: BRIAN MILK. PROJECT PI.ANNER.CURRF~NT PLANNING SUBJ: BEMBRIDGEPUD-PUD-96-12 Thc pclilioncr has rcclt,eslcd a conl,m~ancc of Ih¢ sub col pcIiIioll fronl April 2,~'~' Io Mas 12'~' If)'ou h;Ivc any qucsl~OnS, g~xc mc a call 41)~-241M~ Th;inks CC: 12@ 2 intero ce memo Date: TO: FROM: SUB J: May 12, 1998 Barbara Pedone, Adm. Sec. To CounLv Manager Bri;m Milk. Pro. icct Planner PLID-96-12 Bembridgc Pt J[) Please be ;~dviscd Ihe p¢lHioncr has rcquesled Ibc sub. itel peliliou be conlmued indcfimlelv from lhe May l? FJCC mcelil;,~4 CC: Adv. File ~cn Kenyon. Clerk to BC(' Cmmic Johnson. Corem. Dc,,'. Senices 1 Naples Dally News Naples, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHH[SSIONERS ATTN: NANCY SALOGUB PO ~OX 413016 NAPLES FL 34101-30~6 REFERENCE: 001230 FP0755058 57684613 NOTICE OF INTENT TO 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 end 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: 05/01 AD SPACE: 67.000 INCH FILED ON: 05/01/98 Signature of Affiant J /~ Sworn to and Subscribed before me this Personally known by me ,.,j.',//~.. ~ TO ORDINANCE Notice Is hereby given fhel on TUESDAy ~, 3303 E~f Tomm- ee e~menf ~ 0 C~ Or~l~nce The m~lng A.M. The fi~ of ~ AN ~DINAN~ TO KNOWN AS THE MUNITY AUTOMATED EX TERNAIL DEFIBRIL LATOR ~O~A~[ FOR COLLIER COU,~TY; PROVIDING F~ FIND- ING5 AND PU~PO~' PROVIDING FOR PLICABILITY; ~O~D- I N O F O REQUIREMENTS ANO PROCEDURES; PRO- VIDING F~ CONFL~T AND SEVERAB L TY; PROVIDING FOR AN EFFECTI~ DATE. A C~y ~ ~e ~d pe~oln~ng ~ereto ond ~ef~e, ~y ~ fo ~e ~ a BOARD OF COUNTY COMMI~IONERS COl LIER COUNTY FLORIDA ' BARBARA B. BERRY CHAIRMAN ' OWIGHT E. BROCK, CLERK ,~ OF PAGES ~ (including this cover) iiillililliiliiiliililllilllilllllillllillllllJlilillllillllill TO: MS. JUDIT~ F~.%UAC~N LOCATION: NAFI.RS DAILY NE~S COM2KENTS: 263-4864 Iii111111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUIES & REC0~DS LOCATION: Collier County Courthouse FAX, NO: (813) 774-8408 PHONE'NO: (813) 774-fl406 747 748 , ?49 83-27 15:38 83-27 16:27 83-27 16:29 83-27 17:81 00°01'59 00°01'13 00°01'50 00°02'05 92634864 I 9~1 435 1218 9263486a 92634864 !068C008000888Ai31 0688008800006410I 068C008000088A14I 06BCOOB~OOOO8A211 iDate 12C 1 March 24, 1998 Ms. Judith Flanagan Naples Daily News ].075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance known as the Community Automated External Defibrillator Program Dear Judy: Please advertise the above referenced notice one time on Friday, May 1, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. zncerezy, Maureen Kenyon, Deputy Clerk Encl. Field P. O. No. 755058 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 12, 1998 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Co~nissioners 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 ORDINi~CE TO BE KNOt~ AS THE COMlVFgNITY AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR COLLIER COUNTY; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR REQUIREMENTS AND PROCEDURES; PROVIDING FOR CONFLICT AND SEVEP~BILITY; PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. Ali, interested parties are invited to attend and be heard. 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 COFfMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk ( SEAL ) / COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement (Display Adv., location, etc.) [] Other: 1..2C Originating Dept/Div: EMS/Support Services Person: JorgeAguilera Date: 03/10/98 Petition No. (Ifnene. give briefdescription): N/A Petitioner: (Name & Address): N/A Name & Address ofany person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing befi)re X BCC BZA Other Requested l tearing date: (Based on advertisement appearing l 0 days before hearing..~.~9~ Newspaper(s) to be used: (Compl,~e only ifimpoaant): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Community Automated External Defibrillator Progrmn Companion petition(s), ifa. ny & proposed hearing date: N/A :letition Fee include advertising cosa7 [] Yes X No If Yes, what account should be charged for advertising costs: N/A by:, Approved by:. List Attachments: None DISTRIBUTION INSq'RUCTIONS For he-.rings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to Ctmnty Manager. Note: If legal docnment is invoiv~L be snr~ that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manarer. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division ~ Origi,,~l 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: ...~z/-~-..~/~") Date of Public hearing: ,.~--/~ ;~,fl'3',.'~ Date Advertised: .v- J . ~ J~'?~'::' ~)):.. '. AGEN~'TRANS~I~AL SLIP" ' ' ~]") ; · l)a}c Submitted March ia. 1998 ·: ~,' .... ~'~'~'.". ' ~ :~..;;,~ '.' ¢~" k;..,4.'.~'.~;~,?~,:'' ~";~. ',' · , '" ' ' . . · I. ','",~-'~;,~'41,;'¢ : Requested Agenda Date: 'April 21 i998 ;.' ':;J?;'~)~.~:k [] (4) - Approval or Mi,roles" ! [] (5) Proclamations .'. - : ~ []:] (6) Clerk'-' [] (7) '- Public l'ctilions , ] [--] (gA}. Community De'.'. & E,w. Svcs. ",..- [--I (811) Public Works ~..' '. .... ;-:, ?.~. ., ..: [] (~C) I'uhliD','';crviccs _~_ (81)) SUl,l~l! Scrviccs ' ' ' ' ' [] (.M~) County Mana~cr~:' --[~ (--"~Y) AIn,mcv J. ~]]~'i~-~ IK_'C ; [] (1 I) Other Consfilutional Oflice/'s -~j--('12) I'ubl~c [Icarim's__ I~{~] (13A.) liZA lh. ddic IF.';,rin~.s [] (14) It£'(? Communications ~ (.~s) c',,,,,,,,,:,,,,.,t,,:,,~ ] E_I rio,) c',.,,.:,,t ^,_,,..,,a:, - ' ~'/or~: Ag~rflcra, 'l'r:mm~g Cnm[ll;indcr '~i)lim¢ B. l"h, gg. Chief ~ . ', , , Jr, Admini:,lralo[ '.,2. :o Divisionflc,d llcm '1 ill( '1 ( } AI ~ )1"1 '1111~ Ct )MM I L'q['l Y A I I'1'~ )MA'I I.;I ) I':X'H':RNAI, 1 )l':l.'lt IR II .1 .A'I'¢)R ( )RI )l NANCE. last of l),c,m~t'nls Attached: I I:xcc,tixc Suture;,,, (rcquircd) 5 M{magcr: l)ate: 1 TO ADOPT THE ORDINANCE EXECUTIVE SUMMARY COMMUNITY AUTOMATED EXTERNAL DEFIBRILLATOR OBJECTIVE' That the Board approve and adopt the Comrnunity Automated External Defibrillator (AED) Ordinance. CONSIDERATION: The Cornmunily Automated External Defibrillator (AED) Ordinance will set minimum requirements for trainin9, data collection, and coordination for members of the public to use automated external defibrillator for a victirn of cardiac arrest or sudden death. The Emergency Medical Services Department as the only licensed provider of pre-hospital erner§ency care and the Colher County EMS Medical Director will be respcnsible for the coordination of Community Automated External Defibrillalor (AED) Program which will include locations and identification of mdividuals who have compleled AED training FISCAL IMPACT: Program participants ar, d/or sponsoring agency will provide funds for the nominal cost of traming materials GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board approve and adopt Automated External Defibrillator (AED) Ordinance the Community PREPARED BY:-~'~/:,.,~./_,,,,~Z_~ ,~rge/~gu'il-e~ Tr-~i~ing Commander EMS Department REVIEWED BY: Diane Flag~'. Chief Emergency Services Department DATE: ._;,,,,/'/~//.~ ,.¢ REVIEWED BY: DATE: Leo Ochs. Jr., Administrator Support Serwces Division OI~,DINANCE NO. 98- AN ORDINANCE TO BI.', KNOWN :kS Till,; CO?,[MUNITY AUTOMATED EXTERNAl, I)EFIBRIIA,ATOli PRO(;RAM FOR ('OI,I,IER COUNTY; I'IIOVIIIIN(; FOR FINI)IN(;S AND i'URP{)SE; i'ROVIDING FOR APPI,ICABII,ITY; PROVIDING FOR REQUIRMENTS ANi) PROCEI)UIIES; Pi~OVIDING FOIl CONFIACT AND SEVERAiliI,ITY; PROVIDING FOIl AN EFI:ECTIVE DATE. WIIEREAS. thc Board o1' County Commissioners of Collier Cotlllly, Florida. (herein;tiler rclkrrcd to ;ts 'qhc Bo;ri'al") provides lhtlamcdic Advanced [.it~ Support thc cilizcns ;md visitors of Collier County, including tile City of Naples, Marco Island and Everglades City, ti~mugh its lisp;inmont of Emergency Medical Services hereinafter sometimes rclkrrcd to as "EMS"): and WI IERI~AS, thc American I lc;m Association has tlclennincd that nationally, tt~c numbcr o['tlcalhs duc to sutldct~ cardiac arrest conlinuc to risc; and WI IEREAS, ll~e American I lcart Association has slated that thc key to prcvcnling this expanding number of dcalhs is to dramatically expand Ibc availability of dcfibrillalion therapy in a timely fi~shion; WI II~REAS. thc American I lcart Association rcporls dud recent breakthroughs automatic external defibrillator, (hereinafter rclk'rrcd to as "Al[D"). technology have rcsuttcd in thc availability oF devices th;st have bccn proven to bc salk and effective Ircali~lg sudden cardiac arrest; mid WIIEREAS, lhc American Ilcarl Association has dctcmfincd that these new devices arc virtually maintenance floc. salk and easy to usc with minimum training, arc small, lightweight, durable and inexpensive; and WIIEREAS. thc American l lcart Associalmn has determined that thc widespread availability of AEDs will make sudden cardiac death a truly treatable disease, preventing hundreds of unncccssaD' deaths; and WIIEREAS. thc American Ilcart Association has dctcmfincd that it is in tim public interest to make AEDs readily available to thc general public, but that thc public bc trained to properly usc AEDs and to activate thc emergency medical sc~,iccs system immediately tlpoll using all A ED; ;tlld WI IF, RI!AS, Iht Floridn Legislalure has determined lhat certain procedures should be implemented lo ensure p~oper use of AEDs m~d has enacled ~401.2Ol5. &amies, outlining these procedures; and WlIEREAS, it is lhe inlent of Ihis Ordinance to set minimum standards lbr use, training, data collection ired dalll recovery for the Communily Automated External Defibrillator Program; and WI IEREAS. the (.'oilier County EMS Department, as tl~e licensed provider of pre- hospital care, will develop mid coordinntc Ibis program. NOW, TIIEREFORIL, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COL[.IER COUNTY, t:LORIDA, lhal: SECTION ON[i: Title and Citation This Ordinance shall bo known and may be cited as tho "Community Automatic External Defibrillator Program Ordinance" for Collier County. SECTION TWO: Findings and Pursuant to Section 125.01(I)(e), Flori&i Statutes, the Board of Coumy Commissioners of Collier County, Florida finds that it is empowered to provide ambulance and emergency medical services. Pursuant to Article VIII of the Constitution of the Stale of Florida, ll~e Board of County Commissioners of Collier County, Florida Further finds it has the authorily to exercise broad home roles powers and as such lhal il is in the best interest of thc citizens of Collier County to enact this Ordinance. 11 is the pu~ose of Ihis Ordinance lo create II~c Community Automatic External Defibrillator Program which will establish guidelines For use, training, data collection data recove~ requirements and procedures for AEDs. SECTION TIIREE: Applicabilily Notwithstanding any provisions oF any other county zoning or other ordinance to the comra~, this a~icle shall apply Io, and be enforced in, the inco~orated as well as ~hc unincoq~orated areas of the county. llospilals, as defined in ~395.002(12), Flori&~ Smttties, are exempt from the provisions of INs Ordinance. .2C 1 SECTION FOUR: Rcquircmcnls :md Procedures Thc following shall bc Ibc requirements and procedures Ibc usc, training, data collection and dala recovery of thc Alii) program: a) No AED shall be used in ll~c incorporalcd or tmincorporatcd area o1' Collier County without first complying with Ibc requirements and procedures set Ibrth in Ibis section. It shall be thc responsibility of thc owner o1' thc AED lo ensure that only trained individuals operate, or have access Io, Ibc AEI). b) Thc purchase orAl~D's will be done only after a written request is made to Ibc Collier ('otmty Emergency Medical Services Department hy tl~c individual, organization or company rcqucstingthc purchasc of an AED. Thc written request must contain thc ilalllC, location, number t)(' m~ils, number o~' people Io sca'icc and type and mant~l~clurcr of thc AED. c) Ulmn receipt ofthc written request Io purchase. Ibc F, MS Dcl'mrtmcnl will coordinate a training class fi~r die requesting pa~y, and all intended users of thc AED. on thc proper operation of AEDs. Training will consist of one three hour class which will include: IV. llistory oFSudden Death Signs and Symptoms oF C~rdiac Arrest American Heart Association one person Cardio-Puhnonary Resuscitation Proper Usc, Maintenance and Periodic Inspection of thc AED d) Upon successful completion of thc required training, thc Collier County EMS Department will issue a Certificate of' Completion. Thc Collier County Medical Director will then issue a prcscripti{m fi)r the purchase of an AI~D which has been approved, and authorized Ibc purchase, hy lilt Food and Drug Administration. e) Users of thc AED will Follow thc policies and procedures developed and aulhorizcd by thc Collier County Emergency Medical So, ices Department Medical Director. These policies and procedures will bc provided to thc individual, organization t~r company requesting Iht parch:sst o1' mi A1]D upolt Ibc succcssfid complclion oF thc Iraining required by tiff; sCCIioH. Rcccrtilic;dioH of risers and i~spcc~tm t~' thc AED w/Il bc done on an ammal basis by thc Collier Cotlllly Ihncrgc~cy Mcdicli} Services Department. Rcccrtification oFuscrs will consist of one, one and hair hour class which will review thc tcclmiqucs Ibc using thc AED and check for compliance with thc AED program. g) Thc Collier County Emergency Medical Settees Department will coml.,cl quality assurancctestingalicr uscofthc /XED. Thc quality asstuancc testing will be on 1 the proper usc, placcmcnt and maintenance of thc AED. An additional usc of such testing will be lo gather statistical information on thc benefits AED availabihty provides to thc community. h) Any person who uses m~ AEI) is rcquircd to contact the EMS Department as soon as reasonably possible tll)oll use of thc AEI). i) Upon nolification of the use of an AED, thg EMS Dcpa~amcnt will be responsible for thc collection and rccovc~ of data generated by thc AED. Thc owner of thc AED will not unreasonably withhold consent 1o thc retrieval of such dala or to any quality assurance testing. Thc manner in which thlhl is recovered will be dictated by thc capability of particular AEI) unit. since thc nlclhod o[' data collection di fl~rs depending upol~ Ibc type of AEl). Ail data, once recovered by Ihe EMS Dcpa~mcnl, will bc stored at a centralized dalabasc Io be located and operated by Ibc Collier County EMS Department. SECTION FIVE: Pcnaltie~ Violations of this Ordinance shall be entbrced by and through ~he Coll~cr Country Code En[brccmcnt Ordimmcc, Ordinance No. 92-80, ~ls amended, and Chaplet P'lorida Statutt'a. SECTION SIX: Conflict and Scvg'n~bilily In the event Ibis Ordinance conflicts with any other ordinance of Collier County or oihcr applicable law. thc more rcslriclivcshall apply, ti'any phrase or l~onion offlhc Ordimmcc is held invalid or tmconstilutional by the courl ot'compclcnt jurisdict{on, such portion shall be tlcemed a separate, distinct and independent provision and such holding shall not afl,ct It~e validity of the remaining potion. SECTION SEVEN: Inclusion in thc Code of Lasvs and Ordinances. Thc provisions oflhis Ordinance shall become and be made a pa~ of the Code of Laws and Ordinances of Collier County, Florida. Thc sections o1' Iht Ordinance may be rcnumbcrcd or rclctlcrcd Io accomplish such, and thc word "ordinance" may bc chan~-~d to "section", "article", or any other appropriate word. SECTION EIGHT: ~ This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of .1998. ATI'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY, FLORIDA By: Deputy Clerk By:~ BARBARA B. BERRY, CHAIRMAN Approved as to form a,~d~lcgal sufficiency: Mclissa A. Vasquez ,/ Assistant County Attomcy h:Melissa~ordinances\Defibrillator 120 1 ORDINANCE NO. 98- ~6 AN ORDINANCE TO BI,; KNOWN AS TIlE COMMUNITY AUTOMATED EXTERNAl. DEFIBRII,LATOR PROGRAM FOR COLLIER COUNTY; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR REQUIRMENTS AND PROCEDURES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, thc Board of County Commissioners of Collier County, Florida. (hereinafter referred to as "tile Board") provides Paramedic Advanced Life Support fer the citizens and visitors of Collier County, including thc City of Naples, Marco Island and Everglades City, through its Department of Emergency Medical Services (hereinafter sometimes referred to as "EMS"); and WI tERF. AS. tile American I lcart Association has determined that nationally, the number of deaths duc lo sudden cardiac arrest continue lo rise; anti WIIEREAS, the American Heart Association has stated that the key to preventing this expanding number of deaths is to dramatically expand the availability of defibrillation therapy in a timely fashion; and WHEREAS, the American Heart Association reports that recent breakthroughs in automatic external defibrillator, (hereinafter referred to as "AED"), technology ha;'e resulted in the availabilily of devices that have been proven lo be safe and effective in treating sudden cardiac arrest; and WHEREAS, thc American Heart Association has determined that these new devices are virtually maintenance free, safe and easy to use with minimum training, are small, lightweight, durable amt inexpensive; and WItEREAS, thc American I tcart Association has determined that the widespread availability of AEDs will make sudden cardiac death a truly treatable disease, preventing hundreds of unnecessary deaths; and WIIEREAS, the American Heart Association has detcmfined that it is in the public interest to make AEDs readily available to the general public, but that the public be trained to properly use AEDs and to activate the cmergencs; medical services system immediately upon using an AED; and 12G 1 W[t EREAS, the Florida Legislature has determined that certain procedures should be implemented to ensure proper usc of AEDs and has enacted §491.2915. Florida Suttules, outlining these procedures; and WHEREAS, it is the intent of this Ordinance to set minimum standards for use, training, data collection and data recovery for the Community Automated External Defibrillator Program; and WHEREAS. the Collier County EMS Department, as the licensed provider ol'pr¢- hospital care, will develop and coordinate this program. NOW, TltEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation This Ordinance shall be known and may be cited as the "Community Automatic External Defibrillator Program Ordinance" for Collier County. SECTION TWO: Findings and Purpose Pursuant to Section 125.01(1)(e), Florida Stat{ties, the Board of County Commissioners of Collier County, Florida finds that it is empowered to provide ambulance and emergency medical services. Pursuant to Article VIII of the Constitution of the State of Florida, the Board of County Commissioners of Collier County, Florida fizrther finds it has thc authority to exercise broad home rules powers and as such finds that it is in the best interest of the citizens of Collier County to enact this Ordinance. It is the purpose of this Ordinance Io create the Community Automatic External Defibrillator Program which will establish guidelines for use, training, data collection amt data recovery requirements and procedures for Ay{oma{lc External Defibrillators (hereinafter known as AEDs). SECTION THREE: Applicability Notwithstanding any provisions of any other county zoning or other ordinance to the contrary, this article shall apply to, and be enforced in, the incorporated as well as the unincorporated areas of the county. Hospitals, as defined in §395~002(12), FIoridt~ Statutes. are exempt from the provisions of this Ordinance. .120 j.. SECTION FOUR: Requirements and Proccdurcs Thc following shall be thc rcquircmcnts and proccdurcs for usc, training, data collection and data recovery of thc AED program: a) No AED shall bc uscd in thc incorporatcd or tmincorporatcd arca of Collier County without first complying with thc requirements and procedures set forth in this section. It shall be the rcsponsibility of thc owner of thc AED to ensure that only trained individuals operate, or have access to, tile AED. b) Thc purchase of AED's will bc done only after a written request is made to thc Collier County Emergency Medical Services Dcparlmcnt by tile individual, organization or company requesting the purchase of an AED. Thc written request must contain thc name. location, number of units, number of people to service and type and manufacturer of thc AED. c) Upon rcccipt oflhc writtcn rcqucst to purchase, thc EMS Department ,,,,'ill coordinate a training class for the requesting party, and all intended users of the AED, on the proper operation of AEDs. Training will consist of one three hour class which will include: I. ttistory of Sudden Dcath II. Signs and Symptoms of Cardiac Arrest III. American ltcart Association one person Cardio-Pulmonarv Resuscitation IV. Proper Use, Maintenance and Periodic Inspection of thc AED d) Upon successful completion of thc rcquircd training, thc Collier County EMS Dcparlmcnt wilt issue a Ccrlificatc of Completion. Thc Collier County Medical Director will then issue a prescription for thc purchase of an AL:D v.'hich has been approved, and authorized for purchase, by thc Food and Drug Administration c) Users of the AED will follow the policies and procedures developed and authorized by the Collier County Emergency Medical Services Department Medical Director. Thesc policies and procedures will be provided to the individual, organization or company requesting the purchase of an AED upon the successful completion of the training required by this section. 0 Reccrlification of users and inspection of thc AED will be done on an annual basis by thc Collier Connty Emergency Medical Services Dcparlmcm. Rcccrti fication of users will consist of one, one and llalf hour class which will review the techniques for using the AED and check for compliance with thc AED program. 1,.ZO g) Thc Collier County Emergency Medical Services Department will conduct quality assurance testing after use of the AED. The quality assurance testing will be on the proper use. placement and mainlcnancc of the AED. An additional use of such tesling will be to gather statistical information on the benefits AED availability provides to lhc community. h) Any person who uses an AED is rcquircd to contact thc EMS Dcpartmcnt as soon as reasonably possible upon use ol'the AED. i) Upon notification of Ibc usc of an AED, lhe EMS Department will be responsible for the collection and recovery of data generated by thc AED. The ov,'ncr of the AED ,.viii not unreasonably whhhold consent to thc rctricval of such data or to any quality assure, ncc testing. The manner in which data is recovered will be dictated by the capability of the particular AED unit, since the method of data collection differs depending upon the type of AED. All data, once recovered by tbe EMS Department, will be stored at a centralized database to be located and operated by thc Collier County EMS Department. SECTION FIVE: Penalties Violations of this Ordinance shall be enforced by and through thc Collier County Code Enforcement Ordinance, Ordinance No. 92-80, as amended, and Chapter 162. Florida Statutes. SECTION SIX: Conflict and Scverability In the event this Ordinance conflicts xvith any other ordinance of Collier County or other applicable law, the more restrictive shall apply, lc any phrase or portion o1' the Ordinance is held invalid or unconstitutional by thc court of competent jurisdiction, such portion shall bc deemed a separate, distinct and independent provision and such holding shall not affect the validity of thc remaining portion. SECTION SEVEN: Inclusion in thc Code of Laws and Ordinances. The provisions of this Ordinance sball become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be reuumbered or relettered to accomplish such, and the word "ordinance" may be changcd to "section", "article", or any other appropriate word. · 12C I SECTION EIGHT: Effective Date This Ordinance shall lake effect upon receipt of notice from the Secretary of St,~te that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this J...7~_ day of :3;'~.~z~z ,1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: Melissa A. Vasquez Assistant County Attorney (,~ ') h:Mclissa',ordmancc~.Dcfi hn Ilalor 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. 98-36 Which was adopted by the Board of County Commissioners on the 12th day of May, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of May, 1998. DWIGHT E. BROCK Clerk of Courts and C.le~ .......... Ex-officio to Board..6~ ...~.. County Commiss ione~'s.' Deputy Clerk. ' ', . . 2, NapLes DaiLy News Haples, FL 33940 Affidavit of Publication Naples Daily Neus BOARD OF COUNTY COHMISSZONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 753752 57681276 NOTICE OF INTENT TO 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 thst 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: 04/26 AD SPACE: 108.000 INCH FILED ON: 04/27/98 Signature of Affiant sworn to and Subscribed before m, this day of L 19 / ................. -~8'~'~-~' 0 F INTENT TO CONSIDER ORDINANCE Notice I$ hereby given ~ on TUESDAY, MAY 12, 1998, n the Boord- room, 3rd F o0% Admlnls- froflon Building, Coil er County Govern. merit .Cen: ter, 3301 Eost lomlom~ Troll, Naples, FIorldo, the Boord of Cour~V Comm. ls- $loner$ will consider me enD, merit of a Count~ Ordlnonce. The meeting will commenCe ot 9.00 AJ~A. The ttfle of of the ~)orCAoosed Ordlnonce Is os THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE; PROVIDING TITLE AND CITATION' PROVIDING FINDIN~'S, INTENT AND DI:FINITIONS: PROVIDING FOR AVAILABILITY OF CLAIMED WATER SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZ- ING 3'HE COUNTY'S AUTHORITY TO ES- TABLI',~H RATE, FEES AND CHARGES; PRO- VIDING FOR DISCONTI- NUING 5ERV!CE; PROVIDING FOR SERV- ICE INTERRUPTION5 AND S~ERVICE APPLI- CATION REQUIRE- MENTS' METER REQUIREMENTS;. PRO- VIDING FOR CROSS- CONNECTION CON- TROL AND CONSTRUC- TION SPECIFICATIONS; PROVIDING FOR MAIN- TENANCE BY CUS- TOMERS AND FOR COUNTY MAINTE- NANCE; PROHIBITING CHEMICAL INJEC- TIONS; PROVIDING FOR PUBLIC I:ASE- MENTS AND FOR COUNTY OWNERSHIP; PROVIDING FOR IN- SPECTIONS' PROVID- ING FOR ' LIABILITY AND INDEMNITYL PRO' VIDING FOR EASE- MENT DEDICATIONS AND FOR PERMITS; REQUIRING THAT EACH CUSTOMER CONSTRUCT ON-SITE SYSTEM; PROVIDING FOR CONFLICT AND SI:::VERABILITY; PRO- V1DING FOR INCLU- .SION INTO THE CODE OF LAWS' AND ORDI- NANCES; PRVIDING FOR AN EFFECTIVE DATE. A Ccq3¥ of the pro~0sed Ordlnonce Is on file wtrn the Cler~. to the Boord end Is ~./olloble for Inspection. Alt Interested portles ore Invite? to otte~d ond be heorcL Any person who decid- es to appec~ o decision of the B4x~rd w II need o re- cord of the proceedings perlolnlng thereto ond ensure f~d a vertx~ml record of the proceedings Is mode, whk:h record In; clucles ~e testimony or~ evidence up<m which the ~1 Is based. BOARD OF: COUNTY COMMISSIONER S COLLIERFLORIDA COUNTY, BARBARA B. BERRY, CHAII~.MAN DWIGHT E. BROCK, CLERK By:/$/Ellle A~II ~.~ t.~o. 1193~e ,~ OF PAGES ~~ (including this cover) 2C 2 lilliilillllillllilillilliiilillilllliilliiiilliililllliliilill TO: MS. J~DIT~ ~AC~N LOCATION: NAPLES DAILY NEWS FAX NO.: COMMENTS: 263-4864 ililiilliliililllillliIiilliililillllllilliilllllllllllllllllll FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX ~0: (813) 774-8408 PHONE 'NO: (813) 774-8406 o4-1Ol [.??2 I e4-1"l 08:51 00°03, 18 09: 39 00* 00' 48 09:20 00°01'58 ........ 941 995 0823 913055595661 92634864 OK 5 OK OK Time 068C008000000000 068COO80t~0008~ 17 - ~ ....... IIII I ~ ..... 12C 2 April 13, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider the Reclaimed Water System Ordinance Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Field Purchase Order No. 753752 Z NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 12, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE; PROVIDING TITLE AND CITATION; PROVIDING FINDINGS, INTENT AND DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIMED WATER SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZING THE COUNTY'S AUTHORITY TO ESTABLISH RATE, FEES AND CHARGES; PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE INTERRUPTIONS AND SERVICE APPLICATION REQUIREMENTS; METER REQUIREMENTS; PROVIDING FOR CROSS-CONT~ECTION CONTROL AND CONSTRUCTION SPECIFICATIONS; PROVIDING FOR MAINTENANCE BY CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL INJECTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY OWNERSHIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY AND INDEMNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR PERMITS; REQUIRING THAT EACH CUSTOMER CONSTRUCT ON-SITE SYSTEM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. Ail interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL 120 2 ORDINANCE NO. 98 - THE COLi. IER COUNTY RECLAIMED WATER SYSTEM ORDINANCE; PROVIDING TITLE AND CITATION; PROVIDING FINDINGS, INTENT AND DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIMED WATER SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZING THE COUNTY'S AUTttORITY TO ESTABLISH RATE, FEES AND CHARGES; PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE INTERRUPTIONS AND SERVICE APPLICATION REQUIREMENTS; METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTION CONTROL AND CONSTRUCTION SPECIFICATONS; PROVIDING FOR MAINTENANCE BY CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL INJECTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY OWNERSHIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY AND INDEMNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR PERMITS; REQUIRING THAT EACH CUSTOMER CONSTRUCT ON-SITE SYSTEM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the encouragement and promotion of water conservation and reuse of reclaimed water are state objectives pursuant to Section 403.064 of the Florida Statutes; and WHEREAS, local governments may and are encouraged to implement programs for the reuse of reclaimed water and allocate costs in a reasonable manner pursuant to Section 403.064 of the Florida Statutes; and WItEREAS, potable water is a valuable resource which should be conserved particularly in coastal areas such as Collier County; and WtlEREAS, reclaimed water as defined by Florida Administrative Code, Rule 62-610.460 is a valuable water resource which can safely be used for irrigation and other non-potable purposes thereby substantially contributing to the conservation of' potable water; and WttEREAS, Collier County has decided to establish and construct a reclaimed water system which will make reuse water available in certain areas of the County for irrigation purposes and other approved non-potable uses; and WttEREAS. it is the desire of the Board of County Commissioners to establish policies, procedures and conditions regarding the use of the reuse water system. NOW TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FI.ORIDA, that; SECTION ONE: TITLE AND CITATION. This ordinance shall be known as and may be cited as "The Collier County Reclaimed Water System Ordinance." SECTION Two: FINDINGS, The Board of County Commissioners hereby makes the folJowing findings: A. That Florida Administrative Code, Rule 62-610.491(C) requires that all reuse water systems establish a Reuse Ordinance to detect and prevent occurrences that may be detrimental to the reuse system or to the environment. B. That the Collier County Water-Sewer District reclaimed water system meets the criteria ora Slow Rate Land Application System with public access as defined by Florida Administrative Code, Rule 62-610.450. C. That the establishment and maintenance of a reclaimed water system ordinance is a condition of the County's wastewater operating permits issued by the Florida Department of Environmental Protection to the Collier County Water-Sewer District. D. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. SECTION THREE: INTENT. It is the intent of the County to make reclaimed water available for irrigation and other authorized uses in certain areas of the County where the Board of County Commissioners determines that the construction of a reclaimed water distribution system is desired or requested by customers and that application is practical and economical. The reclaimed water distribution system shall be constructed to provide service to designated areas a~s determined by the Wastewater Master Plan and as approved by the Board of County Commissioners. SECTION FOUR: DEFINITIONS. For purposes of this Ordinance, the definitions contained in this section shall apply tmless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary. Approved Backflow Preventer shall mean a mechanical assembly that has been approved to prevent backflow and back-siphonage to the County's potable water system as now defined in County Ordinance No. 97-33. County shall mean Collier County, a political subdivision of the State of Florida, and where the context requires or warrants, shall be limited to the Collier County Water- Sewer District. Cross-Connection shall mean any physical connection or arrangement either directly or indirectly which would allow the movement of fluids between the County's public water system and any other piping system such as the County's reuse water system. Customer shall mean a homeowners association, condominium association or other association with legal authority to make binding determinations on behalf of the Association, its members, its unit owners, or the shareholders of such association, or an ov, a~er of developed property. Distribution Mains shall mean those conduits designed to be used, or actually used to supply reuse water to service lines from transmission mains. Division. shall mean the Collier County Public Works Division. Public Works Admlntatra. t. 0r (also referred to as Administrator) shall mean the individual responsible for the activities of the County Public Works Division. 1.2C Reuse shall mcan Ihe deliberate application or usage of reclaimed water. Reclaimed Water Rate shall mean thc rate in dollars and cents established by Ordinance by the Board of County Commissioners. Reclaimed Water shall mean wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610,460, as secondary treatment and high level disinfection prior to entering the reclaimed water system. Transmission Mains shall mean those conduits designed to be used, or actually used to supply reuse water from a reclamation facility to distribution mains. Wastewater Director shall mean the individual responsible for the technical and operational activities of the County Wastewater Department. Water Director shall mean the individual responsible for the technical and operation activities of the County Water Department. SECTION FIVE: AVAILABILITY OF SERVICE. The term "available" means that an operational reclaimed water distribution main is located within two hundred (200) feet of the property to be serviced or, in the alternative, that it is cost effective for the County to extend a reclaimed water distribution main to within two hundred (200) feet of the subject property. Availability and cost effectiveness shall be determined by the Wastewater Director. SECTION SIX: CONNECTION TO SYSTEM. General: Customers in designated service areas may connect to the reclaimed water system when service is available and upon approval of a properly submitted application, and compliance with all County requirements and Florida Administrative Code, Rule 62-610, as amended. Connection to the system is voluntary. When service is available, all customers that connect to the reclaimed water system will be charged the monthly reclaimed water rate that has been established by Ordinance. Hose Bibb Connections: Above ground hose bibb connections shall not be present. Any hose bibb (spigot or other hand operated connection) shall comply with Florida Administrative Code, Rule 62-610.469(2), as amended, and be inspected and authorized by the County Public Works Division. SECTION SEVEN: AUTHORITY TO ADOPT RATES, FEES AND CllARGES. The Board of County Commissioners may by Resolution establish rates, fees and charges for the reclaimed water system and to provide terms and conditions for the payment and collection of same. Pursuant to the authority of section 403.064, Florida Statutes, the County shall have the power to allocate the costs of the reclaimed water system in a reasonable manner and to recover all or a portion of such costs in the rates established. SECTION EIGHT: DISCONTINUING SERVICE BY COUNTY. The County may discontinue reclaimed water service to any customer due to violation of any provision of this ordinance, County regulations, non-compliance with Florida Administrative Code, Rule 62-610, non-payment of bills, for tampering with any service, for cross-connection with any other water source, or for any reason that may be detrimental to Ihe system or to the environment. The County has the right to cease service until the condition is corrected and all costs due to the County have been paid. These costs may include past due bills and penalties, connection charges, payment for any damage caused to the system, together with any charges established on the basis of the expenses incurred in the disconnection and restoration of service, which shall be non-discriminatory in its application. Should discontinued service be turned on without authorization, the Division shall remove the service and make such additional charges as are established by resolution or Ordinance, or as incurred. SECTION NINE: SERVICE INTERRUPTION. A. The County may temporarily discontinue service to any portion of or the entire reclaimed water system as deemed necessary by the Administrator or designee, or as required by the Florida Department of Environmental Protection Regulations, as amended. B. During dry weather events, the reuse water demand may exceed the County's Reclaimed Water Facilities capabilities. During these events, all reclaimed water customers shall receive an equal percentage (%) of the agreed upon allotment. The Administrator or designee shall determine the actual percentage. SECTION TEN: SERVICE APPLICATION REQUIREMENTS. A. No connection to the County reclaimed water system shall be permitted without an executed written reuse agreement or application for that service. B, Approval from the Florida Department of Environmental Protection shall precede any connection to the reclaimed water system. C. The application form shall provide that the customer consents to the entry by the County upon the property described in said application, for the purpose of conducting all inspections permitted or required by the Ordinance, and waiving ali rights to receive further notice from the County of inspections conducted pursuant to this Ordinance, and indemnifies the County, its agents and employees fi.om all claims, damages, judgments and expenses (including attorney fees) incurred by the County as a direct result of the use or discharge of reclaimed water by the customer in violation of any of the terms of this Ordinance or applicable laws, rules on regulations. D. The County shall inspect each property prior to connection to the reclaimed water system. The inspection will include, but not be limited to, the following: I ) A review of the information in the complet~.d application for service form. 2) A review of all applicable construction specifications. 3) A cross-connection review. 4) Such other matters, as the Administrator deems applicable. E. No connection shall be permitted until the customer has an approved b~ckflow protection device on the potable connection and the device complies with County Ordinance No. 97-33, as amended or superseded. F. All appurtenances and connections to the reclaimed water system shall be inspected by the Division prior to the use of reclaimed water. SECTION ELEVEN: METER REQUIREMENTS. Reclaimed water shall be supplied only through metered connections. The developer shall determine the size and type required for each service and snail submit verifying data to the Division. All meters two inches (2") in size and smaller shall be installed by the County. All meters larger than two inches (2") in size shall be installed by the developer after such installation is approved by the County. SECTION TWELVE: CROSS-CONNECTION CONTROL. A. On all properties where reclaimed water service is provided, the public or private water supply shall be protected by an approved backflow protection device as specified in County Ordinance No. 97-33. No cross-connection shall be permitted. All backflow protection devices and material installed for cross-connection control shall be approved by the County Water Director, as amended or superseded. B. To determine the presence of any potential hazards to the potable water system, the County shall have the right to enter upon the premises of any customer receiving reclaimed water. C. In the event a cross-connection is found on the properly being provided reclaimed water service, the Public Works Division shall have the authority to immediately and summarily discontinue reclaimed water service to said property without any notice. Before resuming service, the customer shall make such corrections as may be required by the Administrator and have the service re-inspected to ensure compliance with County Ordinance No. 97-33, as amended or superseded. SECTION THIRTEEN: CONSTRUCTION SPECIFICATIONS. All reuse water connections shall meet the following specifications: A. Prior to connection, all requirements of Florida Administrative Code, Rule 62-610, as then amended, shall be met. B. All reclaimed water service assemblies and appurtenances shall be a minimum of twelve inches (12") above final finished grade (or pad) to a maximum of thirty inches (30") as measured from the lowest point of the assembly and a minimum side distance of three feet (3') from any wall, fixed aperture, or landscaping. C. Reclaimed water assemblies shall not be installed above final finished grade in any type of vault unless such vault is constructed to allow at least thirty percent (30%) of its side walls to be open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size as to permit any water to freety pass through the openings to the outside. D. Fire hydrants shall not be installed on mains constructed within the County. E. All pipes shall comply with County Utility Standards Ordinance No. 97-17, as amended or superseded, and shall be the color of Pantone Purple 522C and be marked w/th metallic tape that reads "Reclaimed Water". F. All i~nprovements shall require a construction permit and shall be constructed by a licensed contractor. G. Three (3) sets of plans and specifications shall be submitted with the permit application. H. Mains shall be a minimum four inches (4") in diameter. I. Service lines shall be as required by the property serviced, but shall in no case be less that one inch (1'3 in diameter. Sizes of service lines required by the applicant are subject to approval by the Water Director. I. Mains in the public right-of way shall bc located at uniform distance from the curb with locations and separation distances per Division construction specifications ,,nd Florida Department of Environmental Protection, Rule 62-610, as then amended. K. If reclaimed water mains are to be conveyed to the County, the customer shall submit such documents as are normally required for the dedication of public facilities as specified in County Ordinance No. 97-17, as amended or superseded. SECTION FOURTEEN: MAINTENANCE BY CUSTOMER. The property owner and/or customer shall be responsible for the maintenance of all irrigation lines and appurtenances on their property beyond point of delivery. The County may disconnect the service to any property in the event any part of the irrigation system and appurtenances are not being maintained as required by Ordinance. In addition, should the customer require reclaimed water at different pressures, different quality, or in any way different from that which is normally supplied by the County, they shall be responsible for the necessary devices for making these adjustments and obtaining approval from the Public Works Division. SECTION FIFTEEN: COUNTY MAINTENANCE. A. All facilities that have been accepted by the County shall thereby become the property of the County and will be operated and maintained by the County. No person shall perform any,work, nor be reimbursed for any work on the system, without written authorization from the Public Works Division prior to the work being commenced. B. The County shall make every effort to inspect and keep its facilities in good repair, but assumes no liability for any damage caused by the system that is beyond the control of normal maintenance, or due to situations not previously reported to the Public Works Division. These situations shall include, but are not limited to, damage due to the breakage &pipes, poor water quality due to unauthorized or illegal introduction of foreign material into the system, or other reasons. SECTION SIXTEEN: CHEMICAL INJECTIONS PROHIBITED. All service connections are prohibited from adding chemicals to the irrigation system after being connected to the reclaimed water system. Any users wishing to add chemicals upstream &the point &delivery to the irrigation system shall prior thereto be required to install an approved backflow protection device on the reclaimed water service connection. SECTION SEVENTEEN: PUBLIC EASEMENT. No facilities will be installed and accepted by thc County for maintenance unless the facilities are in a dedicated public right-of-way or County utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of all reclaimed water system components. No obstruction of any kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without prior written authorization for same from the Public Works Administrator. 1..2C 2. SECTION EIGHTEEN: OWNERSHIP BY COUNTY. All reclaimed water facilities and appurtenances within dedicated County utility easement, when constructed or accepted by the County, shall thereby become the property of the County. No person shall, by payment of any charges provided herein or by causing any construction of facilities accepted by the County, acquire any interest or right in any of these facilities or in any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this Ordinance, as amended or superseded. SECTION NINETEEN: INSPECTIONS. A. In order to ascertain and insure compliance with the provisions of this Ordinance and all regulations relating to reclaimed water, the County shall have the right to inspect, secure and disconnect all facilities and devices wherever located which connect to or control any discharge from the reclaimed water distribution system. B. The denial of access to an authorized agent or employee of the County to any property receiving reclaimed water for the purpose of conducting any inspection permlt~ed under this ordinance shall constitute a violation &this ordinance and shall be grounds for the immediate discontinuance of reclaimed water service by the County to the subject propcrty. SECTION TWENTY: LIABILITY AND INDEMNITY. A. The County shall not be liable for any damages caused by the use of reclaimed water provided the reclaimed water has been treated by the department to the levels required by. applicable federal, state and local laws and regulations for irrigation of lands with public access. B. The County shall not be liable for any damages caused by a failure to deliver or supply reclaimed water. SECTION TWENTY ONE: EASEMENT DEDICATIONS. This applicant shall dedicate land or perpetual easements on land for reclaimed water transmission and distribution facilities as required to provide the reclaimed water service. SECTION TWENTY TWO: PERMITS. The applicant shall obtain and fulfill at its expense all the necessary permits, licenses, conditions and approvals for the initial construction and operation of the on-site reclaimed water irrigation facilities. SECTION TWENTY THREE: CUSTOMER'S ON-SITE REUSE SYSTEM. The applicant shall, at its expense, construct all necessary on-site reuse facilities such as pipes, storage facilities, and spray or sprinkler facilities for the reuse of reclaimed water. The applicant shall, at its expense, construct all necessary transmission mains, re- pump stations and appurtenant improvements for transmitting reclaimed water from the County transmission system to the applicant's site. SECTION TWENTY FOUR: CONFLICT AND SEVERIBILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. 1_20 2.., SECTION TWENTY FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Thc provisions of this ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of thc ordinance may be rcnumbercd or re-lettered to accomplish such and the word "ordinance" may be changed to "section", "article" or any other appropriate word. SECTION TWENTY SIX: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that this Ordinance has been filed with the Secretary of State and adoption of a Resolution setting forth the rates, fees, or charges for services. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. ATTEST: , Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT BY: Deputy Clerk BY: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorne~ Clerk to the Board: I2C 2, ~ Nor~,.al Legal Adw. rtis...-.ent ~ OCher: (Display Adv., location, etc.) Originating ~epc/Div: Wastewater - Public Pe~son:Timothy L. Clemons Dace: 4/{3/98 Works (S~gn clearly) Petition No. (If none, give brief description): Reclaimed Water S~vstem Ordinance. PetLttoner: (Name & address): Ed I lschner~ Public Works Administrator 3301 East Tamtami Trail, Bldg. H/3rd Floor Naples, FL 34112 Name & Address of any persons(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Ilear[ng before: ~ BCC /'--' )?~ ~'Oth.r Requested hearing dace: ~/IZ/~8 Based on advertise~enc appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important ~', ~ Naples DaLly News or ~egally required ~) ~ OCher Proposed Text: (Include legal description & common location & size): _ LEGAl. NOTICE FOR PUBI,IC HEARING SCHEDUI.ED MAY 12, 1998 REGARDING THE RECLAIMED h'ATER SYSTEM ORDINANCE. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advert!sing Cost? Yes ~ No ~ If yes, what account should be charged for advert£sln8 costs /-: /'!,/', ~.~-.~ ~.!~ Division Ilc~fi~'-~~~.~_~l~_r..__D.It. County Manager Date List Attach~ents:(1)~i~ ~L~__~?) (3) DI~TPrF)I'rInN INSTP".CTIO~:S For heartn~s before BCC or BZA: Initi,ltin~ person to complete one copy and obtain Division Head aKproval before submitting to Cc,mir Hnna~er. ~!,~T~: If 1,.~.ll dncur~nt ts involved, be sure that any mec~Rsarv leeal revtcw~ or request for cn~,., i~ ';,;t,~itt,,,I r~ ~',,.mtv Attorney before subntttin~ to Count'/ ~:ana~er. Tl~,.e Manager's Office will distribute copt,,s: ~ County Hanag,~r ,agend.1 file; ~ r:equ,.:,tinC Division; ~ Original to Clerk's Office ~ Bo Other hear(ncq: Initiating Dirts(on Ho,id to approve and subn[t original to Clerk's Office retaining a copy for file. , ~t"~"~-~-~~_~$~~r~~~ FOR Ct,£RK'S OFFICE USE ONLY '****+********'*****'*****'~* * Date Received Date Advertised Date of P.H. ORI)INANCE NO. 98 - 37 TIlE COI.I.IF.R COUNTY RECI.AIMED WATER SYSTEM ORDINANCE; PROVIDING TITLE AND CITATION; PROVIDING FINDINGS, INTENT AND DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIMED WATER SERVICE; PROVIDING FOR CONNECTIONS TO SYSTEM; RECOGNIZING TIlE ('()UNTY'S AUTIlORITY T(} ESTAItI.ISII RATE, FEES AND CIIARGES; PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE INI'ERRUPTIONS AND SERVICE APPLICATION REQUIREMENTS; METER REQUIREMENTS; PROVIDING FOR CROSS-CONNECTION CONTROL AND CONSTRUCTION SPECIFICATONS; PROVIDING FOR MAINTENANCE BY CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL INJECTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY OWNERSIIIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY AND INDEMNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR PERMITS; REQUIRING TIIAT EACII CUSTOMER CONSTRUCT ON-SITE SYSTEM; PROVIDING FOR CONFI.ICT AND SEVERABILITY; PROVIDING FOR INCI.USION INTO TIlE CODE OF I.AWS AN[) ORDINANCES; PROVIDING FOR AN EFFECTIVF. DATE. WI IF. REAS, the encouragement and promotion of water conservation and reuse of reclaimed water are state objectives pursuant to Section 403.064 of the Florida and WI IEREAS, local governments may and are encouraged to implement programs for the reuse of reclaimed water and allocate costs in a reasonable manner pursuant to Section 403.064 of the Florida Strttute$; and WI tEREAS, potable water is a valuable resource which should be conserved particularly in coastal areas such as Collier County; and WllEREAS, reclaimed water as defined by Florida Administrative Code, Rule 62-610.460 is a valuable water resource which can safely be used for irrigation and other non-potable purposes thereby substantially contributing to the conservation of potable water; and WI IEREAS, Collier County has decided to establish and construct a reclaimed water system which will make reuse water available in certain areas of the County for irrigation purposes and other approved non-potable uses; and WI IEREAS, it is the desire of thc Board of County Commissioners to establish policies, procedures and conditions regarding the use of the reuse water system. NOW TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY. FLORIDA, that; SECTION ()NE: TITLE AND CITATION. This ordinance shall be known as and may be cited as "The Collier County Reclaimed Water System Ordinance." 12e2 , _SE(~TION TWO: FINDINGS. The Board ol~ County Commissioners hereby makes the following findings: A. That Florida Administrative Code, Rule 62-610.491(C) requires that all reuse water systems establish a Reuse Ordinance to detect and prevent occurrences that may be detrimental to thc reuse system or to the environment. B. That thc Collicr County Water-Sewer District reclaimed water system meets the criteria of a Slow Rate I.and Application System with public access as defined by Florida Administrative Code, Rule 62-610.450. C. That the establishment and maintenance ora reclaimed water system ordinance is a condition of the County's wastewatcr operating permits issued by the Florida Department of Environmental Protection to thc Collier County Water-Sewer District. D. Thc provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. SECTION TIIREE: INTENT. It is the intent &the County to make reclaimed water available for irrigation and other authorized uses in certain areas of thc County where the Board of County Commissioners determines that thc construction ora reclaimed water distribution system is desired or requested by customers and that application is practical and economical. The reclaimed water distribution system shall be constructed to provide service to designated areas as determined by the Wastewater Master Plan and as approved by the Board o£ County Commissioners. SECTION FOUR: DEFINITIONS. For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary. Approved Backflow Preventer shall mean a mechanical assembly that has been approved to prevent backflow and back-siphonage to the County's potable water system as now defined in County Ordinance No. 97-33. County shall mean Collier County, a political subdivision of the State of Florida, and where the context requires or warrants, shall be limited to the Collier County Water- Sewer District. Cross-Connection shall mean any physical connection or arrange~nent either directly or indirectly which would allow the movement of fluids between the County's public water system and any other piping system such as the County's reuse water system. Customer shall mean a homeowners association, condominium association or other association with legal authority to make binding determinations on behalf of the Association, its members, its unit owners, or the shareholders of such association, or an o~ner of developed property. Distribution Mains shall mean those conduits designed to be used, or actually used to supply reuse water to service lines from transmission mains. Division shall mean the Collier County Public Works Division. Public Works Administrator (also referred to as Administrator) shall mean the individual responsible for the activities of the County Public Works Division. Reuse shall mean the deliberate application or usage of reclaimed water. Reclaimed Water Rate shall mean the rate in dollars and cents established by Ordinance by the Board of County Commissioners. Reclaimed Water shall mean wastcwater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, as secondary treatment and high level disinfection prior to entering the reclaimed water system. Transmission blains shall mean those conduits designed to be used, or actually used to supply reuse water from a reclamation facility to distribution mains. Wastewater Director shall mean the individual responsible for the technical and operational activities of the County Wastcwater Department. Water Director shall mean the individual responsible for the technical and operation activities of the County Water Department. SECTION FIVE: AVAILABILITY OF SERVICE. Thc term "available" means that an operational reclaimed water distribution main is located within two hundred (200) feet of the property to be serviced or, in the alternative, that it is cost effective for the County to extend a reclaimed water distribution main to within two hundred (200) feet of the subject property. Availability and cost effectiveness shall be determined by the Wastewater Director. SECTION SIX: CONNECTION TO SYSTEM. General: Customers in designated service areas may connect to the reclaimed water system when service is available and upon approval ora properly submitted application, and compliance with all County requirements and Florida Administrative Code, Rule 62-610, as amended. Connection to the system is voluntary. When service is available, all customers that connect to the reclaimed water system will be charged the monthly reclaimed water rate that has been established by Ordinance. Ilose Bibb Connections: Above ground hose bibb connections shall not be present. Any hose bibb (spigot or other hand operated connection) shall comply with Florida Administrative Code, Rule 62-610.469(2), as amended, and be inspected and authorized by thc County Public Works Division. SECTION SEVEN: AUTIIORITY TO ADOPT RATES, FEES AND CHARGES. Thc Board of County Commissioners may by Resolution establish rates, fees and charges for the reclaimed water system and to provide terms and conditions for the payment and collection of same. Pursuant to the authority of section 403.064, Florida Statutes. the County shall have the power to allocate the costs of the reclaimed water system in a reasonable manner and to recover all or a portion of such costs in the rates established. SECTION EIGHT: DISCONTINUING SERVICE BY COUNTY. The County may discontinue reclaimed water service to any customcr due to violation of any provision of this ordinance, County regulations, non-compliance with Florida Administrative Code, Rule 62-610, non-payment of bills, for tampering with any service, for cross-connection with any other water source, or for any reason that may be detrimental lo the system or to the environment. 12C2 The County has thc right to cease service until the condition is corrected and all costs due to thc County have been paid. These costs may include past due bills and penalties. connection charges, payment for any damage caused to the system, together with an)' charges established on thc basis of thc expenses incurred in the disconnection and restoration of service, which shall be non-discriminator5, in its application. Should discontinued service be turned on without authorization, the Division shall remove the service and make such additional charges as are established by resolution or Ordinance, or as incurred. SECTION NINE: SERVICE INTERRUPTION. A. The County may temporarily discontinue service to any portion of or the entire reclaimed water system as deemed necessary by the Administrator or designee, or as required by the Florida Department of Environmental Protection Regulations, as amended. B. During dry weather events, the reuse water demand may exceed the County's Reclaimed Water Facilities capabilities. During these events, all reclaimed water customers shall receive an equal percentage (%) of the agreed upon allotment. The Administrator or designee shall determine the actual percentage. SECTION TEN: SERVICE APPLICATION REQUIREMENTS, A. No connection to the County reclaimed water system shall be permitted without an executed ~witten reuse agreement or application for that service. B, Approval from the Florida Department of Environmental Protection shall precede an5' connection to the reclaimed water system. C. The application form shall provide that the customer consents to the entry by the County upon the property described in said application, for the purpose of conducting all inspections permitted or required by the Ordinance, and waiving all rights to receive further notice from the County of inspections conducted pursuant to this Ordinance, and indemnifies the County, its agents and employees from all claims, damages, judgments and expenses (including attorney fees) incurred by the County as a direct result of the use or discharge of reclaimed water by the customer in violation of any of the terms of this Ordinance or applicable laws, rules on regulations. D. ]'he Covnty shall inspect each properly prior to connection to the reclaimed water system. The inspection will include, but not be limited to, the following: I) A review of the information in the completed application ibr service form. 2) A review of all applicable construction specifications. 3) A cross-connection review. 4) Such other matters, as the Administrator deems applicable. E. No connection shall be permitted until the customer has an approved backflow protection device on the potable connection and the device complies with County Ordinance No. 97-33, as amended or superseded. F. All appurtenances and connections to the reclaimed water system shall be inspected by the Division prior to the use of reclaimed water. 1 C2 SECTION ELEVEN: METER REQUIREMENTS. Reclaimed water shall be supplied only through metered connectior, s. The developer shall determine the size and type required for each service and shall submit verifying data to the Division. All meters two inches (2") in size and smaller shall be installed by the County. All meters larger than two inches (2") in size shall be installed by the developer after such installation is approved by the County. SECTION TWELVE: CROSS-CONNECTION CONTROL. A. On all properties where reclaimed water service is provided, the public or private water supply shall be protected by an approved backflow protection device as specified in County Ordinance No. 97-33. No cross-connection shall be permitted. All backflow protection devices and material installed for cross-connection control shall be approved by thc County Water Director, as amended or superseded. B. To determine the presence of any potential hazards to the potable water system, the Cot, nty shall have the right to enter upon the premises of any customer receiving reclaimed water. C. In the event a cross-connection is found on the property being provided reclaimed water service, the Public Works Division shall have the authority Io immediately and summarily discontinue reclaimed water service to said property without any notice. Before resuming service, the customer shall make such corrections as may be required by the Administrator and have the service re-inspected to ensure compliance' v,'ith County Ordinance No. 97-33, as amended or superseded. SECTION THIRTEEN: CONSTRUCTION SPECIFICATIONS. All reuse water connections shall meet the following specifications: A. Prior to conneclion, all requirements of Florida Administrative (.'ode, Rule 62-610, as then amended, shall be met. B. All reclaimed water service assemblies and appurtenances shall be a minimum of twelve inches (12") above final finished grade (or pad) to a maximum of thirty inches (30") as measured from thc lo,vest point of the assembly and a minimum side distance of three feet (3') from any wall, fixed aperture, or landscaping. C. Reclaimed water assemblies shall not be installed above final finished grade in any type of vault unless such vault is constructed to allow at least thirty percent (30%) of its side wails to bc open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size as to permit any water to freel;,' pass through the openings to the outside. D. Fire hydrants shall not be installed on mains constructed within the County. E. All pipes shall comply with County Utility Standards Ordinance No. 97-17, as amended or superseded, and shall be the color of Pantone Purple 522C and be marked with metallic tape that reads "Reclaimed Water". F. All improvements shall require a construction permit and shall be constructed by a licensed contractor. G. Three (3) sets of plans and specifications shall be submitted with the permit application. II. Mains shall be a minimum four inches (4') in diameter. 1202 I. Scrvicc lines shall be as required by thc property serviced, but shall in no case be less that one inch {1") in diameter. Sizes of service lines required by tile applicant are subject to approval by the Water Director. J, Mains in the public right-of way shall be located at uniform distance from the curb with locations and separation distances per Division construction specifications and Florida Department of Environmental Protection. Rule 62-610, as then amended. K. If reclaimed water mains are to be conveyed to the County, tile customer shall submit such documents as are normally required for the dedication of public facilities as specified in County Ordinance No. 97-17, as amended or superseded. SECTION FOURTEEN: MAINTENANCE BY CUSTOMER. Tl'e property owner and/or customer shall be responsible for the maintenance of all irrigation lines and appurtenances on their property beyond point of delivery. The County may disconnect the service to any properly in the event any part of the irrigation system and appurtenances are not being maintained as required by Ordinance. In addition, should thc customer require reclaimed water at different pressures, different quality, or in any way different from that which is normally supplied by thc County, they shall be responsible fi~r the necessary devices flit making these adjustments and obtaining approval from the Public Works Division. SECTION FIFTEEN: COUNTY MAINTENANCE. A. All facilities that have been accepted by the County shall thereby become the pruperty of the County and will be operated and maintained by the County. No person shall perform any work, nor be reimbursed for an5' work on the system, without V, Titten authorization from the Public Works Division prior to the work being commenced. B. The County shall make every effort to inspect and keep its facilities in good repair, but assumes no liability for an,,,' damage caused by the system that is beyond the control of normal maintenance, or due to situations not previously reported to the Public Works Division. These situations shall include, but are not limited to, damage due to the breakage of pipes, poor water quality due to unauthorized or illegal introduction of foreign material into the system, or other reasons. SECTION SIXTEEN: CllEblICAL INJECTIONS PROIilBITED. All service connections are prohibited from adding chemicals to the irrigation system after being connected to the reclaimed water system. Any users wishing to add chemicals upstream of the point of&livery to the irrigation system shall prior thereto be required to install an approved backflow protection device on the reclaimed water service connection. SECTION SEVENTEEN: PUBLIC EASEMENT. No facilities will be installed and accepted by the County tbr maintenance unless the facilities are in a dedicated public right-of-way or County utility easement. Any new easement shall be adequately sized to accommodate construction and maintenance of all ~eclaimed water system components. No obstruction of any kind shall be planted, built or otherwise created within the limits of the easement or right-of-way without prior written authorization for same from the Public Works Administrator. 12g2 SECTION EIGIITEEN: OWNERSIIIP BY COUNTY. All reclaimed water facilities and appurtenances within dedicated County utility easement, when constructed or accepted by the County, shall thereby become the property of the County. No person shall, by payment of any charges provided herein or by causing any construction of facilities accepted by the County, acquire any interest or right in any of these facilities or in any portion thereof other than the privilege of having their property connected thereto for reclaimed water service in accordance with this Ordinance. as amended or superseded. SECTION NINETEEN: INSPECTIONS. Ordinance to inspect, connect to In order to ascertain and insure compliance with the provisions of this and all regulations relating Io reclaimed water, the County shall have the right secure and disconnect all facilities and devices wherever located which or control any discharge from the reclaimed water distribution system. B. Thc denial of access to an authorized agent or employee of thc County to any property receiving reclaimed water for the purpose of conducting any inspection permitted under this ordinance shall constitute a violation of'this ordinance and shall be grounds for the immediate discontinuance of reclaimed water service by the County to the subject property. SECTION TWENTY: LIABILITY AND INDEMNITY. A. The County shall not be liable for any damages caused by the use of reclaimed water provided the reclaimed water has been treated by the department to the levels required by applicable federal, state and local laws and regulations for irrigation of lands with public access. B. The County shall not be liable for any damages caused by a/hilurc to deliver or supply reclaimed water. SECTION TWENTY ONE: EASEMENT I)EDICATIONS. This applicant shall dedicate land or perpetual easements on land for reclaimed water transmission and distribution facilities as required to provide the reclaimed water service. SECTION TWENTY TWO: PERMITS. The applicant shall obtain and fulfill at its expense all the necessary permits. licenses, conditions and approvals for the initial construction and operation of the on-site reclaimed water irrigation facilities. SECTION TWENTY TIIREE: CUSTOMER'S ON-SITE REUSE SYSTEM. The applicant shall, at its expense, construct all necessary on-site reuse facilities such as pipes, storage facilities, and spray or sprinkler facilities for the reuse of reclaimed water. The applicant shall, at its expense, construct all necessary transmission mains, re- pump stations and appurtenant improvements for transmitting reclaimed water from the County transmission system to the applicant's site. SECTION TWENTY FOUR: CONFLICT AND SEVERIBILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply, if any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. 1202'", SEi~TION TWENTY FIVE: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES. The provisions of this ordinance shall become and be made part of:he Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or re-lettered to accomplish such and the word "ordinance" may be changed to "section", "article" or any other appropriate word. SECTION TWENTy SIX: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that this Ordinance has been filed with the Secretary of State and adoption of a Resolution setxing forth the rates, fees, or charges for services. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this//~_~day of~, 1998. ATTEST: Dwight E. Brock, Clerk BY: BOARD OF COUNTY COMMISSIONERS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Approved as to form and legal sufficiency: Assistant County Attorne~ 12C2' 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. 98-37 ~ich was adopted by the Board of County Commissioners on the 12th day of May, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 199~. DWIGHT E. BROCK C~lerk of Courts and Ct~rk .:~ ~-officio to Board..'~' 3.I .~'~ .~".. ~ ~' ~--'~.o~nu~y//Comm~ss~one~'~ I ~b~ce Nelson,S'.'.. :.~.n..'.'%.:t,?E : ', ,. ~ o. ,. '..~. .',-.~.':... e' .. .$ . .; . ... . . . , , ~l ,, , .. . ~. ,, '..., HapLes DaiLy Hews HapLes, FL 33940 Affidavit of PubLication Haptes Daily News BOARD OF COUNTY COflHISSZOflERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57686349 NOTICE OF PUBLIC HCA 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, · 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 · 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: 04/26 05/03 AD SPACE: 65.000 INCH FILED ON: 05/04/98 Signature of Affiant '" /'%. Sworn to and Subscribed before me this PersonaLLy known by me /' '~."T. l ,/ . dayof 110 o.omac s NOTICE OF -- PUBLIC HEARIN~ Natlce Is hereby given ~ the BOard of coumv _~-oe'n.mlssk~ers of Co,lller ~o~ .r~, w~n ~ o ~nc .n.e?rmg on TUESDAY, ~Ar, Ay 12, 1998, In the ..m,msw'Otlon Building Col ~.enter, 3301 Eosf Tomla. ~l Troll,. Nor)les, FloeIc~. ~e ,m. ee~na wm ~n at :00 A.nn. ~ T..h.e eoo~.d vHij co~sfder ~elmo~ AV.9~.004, Robert L~UOfle, AICP, o~ Ho4e, o$ ugerw for the .Adorn Fu~redl, reque~tlna me vocation of m 20' foc~ ._e~e.~rnen~. I~.lng olo~o the ~uu~nwesler~y 10' of Lots 2 ~. $/erly ~0' at Lois 81 mrough 86. occordlrtg y??n?.-[rolr' os record. ea ~n P~t ~ 3. Pome _ubll.¢ Records of ~-ounty, Florida. oreAlllnJ~e.re~ted Pallas re~lster fo. ~oec~ o~1 fo submit rnelr oblectl~n, a aecJsdc~ of will rMed o re. -mrmTore] may rimed ensure that o verbafl~ ~..~_m~3e_ ~ which record ~. ~,._~e~ me fl~sffrnonv and e_vlam.~...a, upon which ft~e BaP~IARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LaARBARA la. LaERRY, CH~dRMAN (~GKHT E. BROCK, 120 ...,..,.... ~ ....'... Judith/~. Flani{3~n ~.~'i ~,~ 'i;[~ 7%' t;r?'~MtSS~JN ~ CC50~787 EXPIRES ~.;7.. .:;- .. ;ebru~,~, 19.2~ "'~.,~'" ":.,,," 5UtID[D THRU TROY FAIN I~U~E. i~ RESOLUTION NO. 98- ~32 RF, SOI,U'FION FOR PETITION AV 98-004 TO VACATE TtlF, 20' WIDE UTII,ITY AND I)RAINAGF, I!ASI!MI.~NT I,YING AI,ONG TIlE S()[JTIIWliSTERI,Y I0' ()F I,()TN 2 'l'lll~,()[I(}ll 7 AND AI,()N(; Till:' NORTI II';AS'I'I!RI,Y I O' OF I.OTS 81 1'1 IROUGI I 86. ACC()RDING TO TI II{ I)I,AT OF "PINEI,AND-ON-TIIE-TRAII,". AS RF, CORDED IN PI,AT BOOK 3. I)AGF, 60. PUBI, IC RECORDS OF COI,I,IER COUNTY, FLORIDA. WIIEREAS. pursuant to section 177.101. Florida Statutes. Robert Duane. A.I.C.P.. of ilole-Montcs and Associates. Inc.. as agent for lhe petitioner. Adam Fucrcdi. does hereby rcqucst tile vacation ora 20' wide Utility and Drainage Easement lying along tile Southwcster'.y 10' of l,ots 2 through 7 and along the Northeasterly 10' of I,ots 81 through 86. according to the plat of"Pineland-On-The-Trail"; and WI IEREAS. the Board has this day held a public hearing to consider vacating said easement as more fully described below, and notice of said public hearing to vacate was given as required by law; and WI II~RF. AS. thc gr:mting of thc vacation will not adversely aflbct the ownership or right of convenient access of other property OWllers. NOW. TIIEREFOR[.;. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLI, IER COUNTY. FI,ORIDA. that the lbllowing be and is hereby vacated: See l'~xhibit "A" attached Ilcrcto and incorporated herein Ill'; IT FtJR'I'III'~R RESOI.V[:'D. that the Clerk is hereby directed to record a certified copy of this Resolution in Ihe Public Records of Collier County. Florida. and to make proper notation of this vacation on the recorded plat as referenced above. This resolution adopted alicr motion, second and majority x otc Ihvoring same. A'FFEST: DWIGtI'F E. BROCK. Clerk i'\ / / ': ./5-' · . "( '- Appro,.,e'¢t as to form and ' l leidi F. Ashton Assistant County Attorney B()ARI) ()F COlIN'FY C()MMISSIONF. R.'q ('()I.I.IER COl IN'FY. FI.()RIDA 2319561 OR: 2419 PG: 3149 CL~K ?O T~] BOA~3 ~ OF PAGES (including this cover) 2O !11111111111111111111111111111111111111111111111111111111111111 TO: LOCATION: NAPLES DAILY NE~S FAX NO.: COM}tENTS: 263-4864 i11111111111111111111111111111111111111111'i1111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE'NO: (813) 77t,-Sf06 00* 01' 51 9263d864 OK 00" 01' 59 ~ 92634864 OK 00* 01 ' 52 ~ 926J4864 OK 03-30[ 12:06 03-2~ 12:19 03-31 09:30 83-31 10:18 March 31, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition AV-98-004 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and again, on Sunday, May 3, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800~J~ 12C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, MAY 12, 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 AV-98-004, Robert Duane, AICP, of Hole, Montes & Associates, Inc. as agent.for the petitioner, Adam Fueredi, requesting the vacation of a 20' foot wide utility and drainage easement lying along the southwesterly 10' of Lots 2 through 7 and along the northeasterly 10' of Lots 81 through 86, according to the plat of "Pineland-On-The-Trail" as recorded in Plat Book 3, Page 60, Public Records of Collier County, Florida. 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 ) March 31, 1998 A. Fueredi 1857 Galleon Drive Naples, Fi. 34102 Re: Notice of Public Hearing to consider Petition AV-98-004 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998 and again on Sunday, May 3, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure March 31, 1998 Robert Duane, AICP Hole, Montes & Associates. 715 10th Street South Naples, FL 34102 Inc. Re: Notice of Public Hearing to consider Petition AV-98-004 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998 and again on Sunday, May 3, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLI~:R COUNTY COURTHOUSE 3301 rAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34 I01-3(]44 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS March 31, 1998 Re: Notice of Public Hearing to consider Petition AV-98-004 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998 and again on Sunday, May 3, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLI(; HEARINGS To: Clerk of the Board: Please place the following as a: / X/ Normal Legal Advertisement / [:::]/ Other: (Display Adv., location, etc.) Originating Dept/Div: Transportation/Public Works Person: Rick Grigg Date: '~- (Sign clearly) --l~',c.~- Petition No. (If none, give brief description): AV 98-004 Petitioner: (Name & address): A. Fueredi, 1857 Galleon Drive, Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: See List of Adjacent or Abutting Property Owners (If more space needed, attach separate sheet) Hearing before: /X/BCC / /BZA / IOther Requested hearing date: ~N~,i~, 1998. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important /X/, /X/ Naples Daily News or legally required/X/) / / Other Proposed Text: (Include legal description & common locations & size): PETITION AV 98-004 TO VACATE THE 20' WIDE UTILITY AND DRAINAGE EASEMENT LYING ALONG THE SOUTHWESTERLY 10' OF LOTS 2 THROUGH 7 AND ALONG THE NORTHEASTERLY 10' OF LOTS 81 THROUGH 86, ACCORDING TO THE PLAT OF "PINELAND- ON-THE-TRAIL, AS RECORDED IN PLAT BOOK 3, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes/X/ No/I-'l/ If yes, what account should be charges for advertising costs 101-163610-649100 ................ ..................... ;::: .................... ~ws~on Head ~-o uscnner County Administrator Robert F. Fernandez List Attachments: (1) Resolution (2) Legal Description (3) List of Adjacent Property Owners DISTRIBUTION INSTRUCTIONS For hearings_before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. H_~_teLl_f I_e,.gal documents is inv.QJved be sure that any necessary_ legal review, o_r request for same. is submitted t(;:) County ,~ttorney before su_b.rn~tting to County Manager. The Manager's Office will distribute copies: B. /X/ County Manager agenda fife; /X/ Requesting Division; /X/ Original to Clerk's Office Other hearings: Initiating D. ivisio~ Head to approve and submit original to Clerk's Office, retaining a copy for file. .F_OR CLERK'S OFFICE USE ONLY Date Received _J~te_Advertise~ Date of PH. 10 II 12 13 14 15 16 17 18 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 120 RESOLUTION NO. 98- P, ESOLUTION FOR PETITION AV 98-004 TO VACAI'E TIlE 20' WIDE UTII.ITY AND DRAINAGE EASEMENT LYING ALONG THE SOUTHWESTERLY 10' OF LOTS 2 TIIROUGH 7 AND ALONG TIlE NORTIIEASTERLY 10' OF LOTS 81 Tt~ROUGIt 86. ACCORDING TO TIlE PLAT OF "PINELAND-ON-THE-TRAIL", AS RECORDED IN PLAT BOOK 3, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WIIEREAS, pursuant to section 177.101. Florida Statutes. Robert Duane, A.I.C.P., ofllole-Montcs and Associates, Inc., as agent for thc petitioner, Adam Fueredi. does hereby request the vacation ora 20' wide Utilitx and Drainage Easement lying along the Southwesterly I0' of Lots 2 through 7 and along thc Nonbeastcrlv 10' of Lots 81 through 86, according to thc plat of"Pincland-On-ll~c-Trail": and WIIEREAS. the Board bas this da.,,, held a public hearing to consider vacating said casement as more fully described below, and notice of said public bearing to vacate was given as required by lay,': and WilEREAS. thc granting of Ibc vacation v. ill not adversely affect the ovcncrship or right of con'.enicnt access of other property owners. NOW. TtlEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY C()MMISSIONERS OF COI,LIER COUNTY. FLORIDA. that the follov.'ing be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein lie IT FUR'rtIER RESOLVED. that the Clerk is hercbv directed to record a certified cop.,,' of this Resolution in the Public Records of Collier County. Florida. and to make proper notation of this vacation on the recorded plat as referenced above. l his resolution adopted after motion, second and majority vote favoring same. DA/ED: AT'rEST: BOARD OF COUNTY COMMISSIONERS DWIGI IT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Assistant County Attorney By: BARBARA B. BERRY, Chairman I20 3 8728888[! FOLIO STRAP 582513 856.0885A13 ORB/P[ 16661/118991 SALE DATE [ 811119iI 8 AHT [ 81 TRS->1581[251!131 LEGAL-1 1883946482821 OWNER> RICHHAN dR TR, KENNETH W 2648 GOLDEN GATE PKWY STE 286 NAPLES 13 58 25 THAT i.85 AC PARCEL LYING W OF TAH[AHI TR, S OF AVALON DR & NWLY OF HIGHLAND RD OESC IN OR 1666 PG 1892 CURRENT-EX-AHT -1997 TAX ROLL- FL 34185 3283 AREA CW CERT-96-UAL CERT-97-UAL I 181 LND 8( 262428] [ 262428] L-USE IHP $[ 8] [ 8] HKT 8[ 262428] [ 2624281 ASD~AGADJ $[ 2624281 [ 2624281 TAXABLE 81 2624281 [ 2624281 HILL-CODE [ 811 HILL-RATE [15.21521 -1997- CNTY 8I 977.941 HSTU 81 281,31] S-SL 8[ 1531,881 YHB 8[ 147.48] S-LB $[ 679.691 lSD 81 441,43] CITY 8[ .881 UAOP 8[ 14.841 LOCATION INA TAHIAMI (1997 TAXES) TOTAL ~( -CERTIFIED- TRL E 4298] 3992,891 RES477 12/03/1997 10:36 AM Rpl Pa Fm liT UL FC[~2) OCfNR] ID!494883288821[23878248888][ FOLIO [494883288821 OI4NER> i{ARBfl INUESTPIENT CORP STRAP 893?88 95fl13 3628 0UTER OR ORB/P[ 19881/[ 457~ SALE DATE [261!8194 9 AXT [ 145888 ACRES I 38 TRS->[58112511131 LEGAL-1 -2 -3 -4 NAPLES HEIGHLAND VILLA LOT 9 OR 1988 PG 457 HILL-CODE [ 811 MILL-RATE [15,2152] -1997- -1997 TAX ROLL- FL 34112 6788 AREA CERT-96-UAL CERT-?7-UAL [ 88] LND 91 282381 i 28322] L-USE IMP 91 842661 ! 87214l PIi{T 9[ 1844961 I 1155361 ASD+flGADJ 9I 1844961 [ 1.155361 TAXABLE 9I 1844961 [ ].155361 CNTY 9[ 438.541 PISTU9[ 88,63] S-SL 9I 674.841 {JHB 9I 64.931 S-LB 9[ 299,24] lSD 91 194.341 CITY 9I ,881 UADP 91 6.18] LOCATION INA OUTER (1997 TAXES) TOTAL $1 -CERTIFIED- DR 44821 1757.981 RES4?? 12/03/1997 09:30 AM 1_2C FCIC2] OC[NR] ID[49488368884][23878248888]! FOLIO STRAP 893788 ORB/P! 14711/! 814 SALE DATE [22118989 8 ANT ! 98888 ACRES I .37 TRS->1581[251[13] LEGAL-1 -2 -3 I HMsTo-x ,, 188,.-X 8 ! CIV-X UET-X 8LD-X AG-X 8 [ I41t-X 8 ! 1494883688841 OgNER> SANDERS, I~ GARY-& CASSANDRA A 185A:13 1655 IdULLET CT NAPLES -1997 TAX ROLL- HEIGHLAND VILLA LOT 18 OR 147] PG 814 CURRENT-EX-ANT 8 [ 8] 8] 8I 81 81 81 8( 81 8[ 81 8] 81 MILL-CODE [ 81] HILL-RATE [15.21521 -1997- FL 34182 1526 AREA CW CERT-gG-UAL CERT-9?-UAL I 811LND 8[ 148401 [ 287761 L-USE IMP 81 63951] ! 66308] MKT 8[ 787911 [ 878761 ASD+AGADJ 8[ 78791] [ 87876] TAXABLE 8( 78791] [ 878761 CNTY 8[ 324.491 MSTU 81 66,881 S-SL 8! 588.881 YHB 8[ 43.941 S-LB 8! 225,531 ISD 8I 146.471 CiTY 8[ .88] URDP 8I 4.661 LOCATION INA OUTER (1997 TAXES) TOTAL 8[ -CERTIFIED- DR 44181 1324.891 RES4?7 12/03/1997 09:30 AM I I II II I IIIIIIIII I~- - - =' -I~ .... ~ 12e 3 h FOLIO 1494884888831 OWNER> LEFEURE, JOHN A STRAP 893788 ORB/PI 20851/I2256 ] SALE DATE !291II194 8 AHT I 94488 ACRES [ ,32 TRS->[58112511131 iLEGAL-1 -2 -3 CURRENT-EX-AHT HHSTD-X 8 188~:-X 8 [ CIU-X 8 [ UET-X 8 [ BLD-X ~ ! RG-X ~ [ 115A13 4115 DALE AVE NAPLES HEIGHLAND VILLA LOT 11 OR 2885 PG 2256 -1997 TAX ROLL- HILL-CODE ! 811 CNTY S-SL HILL-RATE S-LB 115,2152] CITY -1997- LOCATION INA DALE FL 34112 6735 AREA CW CERT-96-UAL CERT-9?-UAL [ 88] LND 8[ 181431 I 25401] L-USE IHP SI 58578] [ 68774] HRT 8I 767211 I 861751 ASD~AGADd SI 767211 [ 86175] TAXABLE SI 767211 ! 86175] 321.141HSTU SI 582.74] UHB 8[ 223.19] lSD SI ,88] UADP $[ 66.18] 48,431 144.95I 4,611 (1997 TAXES) TOTAL $[ -CERTIFIED- AVE 41151 1311,16] RES477 12/03/1997 10:11 AM 12C Rpl Po Fm UT UL FCIC2] OC[NR] ID[49481288882][23878248888]! FOLIO [494812888821 OWNER> BELL TR, HARUIN J:& HELEN STRAP 893?88 365A13 TRUST 1994 ORB/P[ 19961/[ 5881 1588 CURLEU flUE SALE DATE [211[18941 g ANT [ 8] ACRES ! .271 NAPLES FL TRS->[5811251113] ij LEGAL-1 -3 ~! CURRENT-EX-AMT !i HMSTD-X g [ Ii CIU-X g [ 81 !! UET-X g I 8] ii BLD-X S ! 8] · UID-X S ( 8] ,, flG-X S I 8 ] IIEIGHLANO VILLA LOT 36 OR 1996 PG 588 MILL-CODE [ 81] MILL-RATE i15.2152] -1997- -1997 TAX ROLL- 34182 3485 AREA CW CERT-96-UAL CERT-97-UAL [ 88] LND gl 15188] [ 21263] L-USE IMP SI 486431 I 428421 MKT S l 558311 I 633851 ASD~-AGADJ gl 558311 [ 633851 TAXABLE g[ 558311 [ 633851 CNTY gl 235.98] MSTU Si 48.56] S-SL g[ 369.321 ~HB gl 35.5B] S-LB g[ 163.961 lSD g! 186.49l CITY SI .081UADP S[ 3.391 LOCATION INA DALE (1997 TAXES) TOTAL -CERTIFIED- AVE 4128] 963.281 RES477 12/03/1997 09:33 AM i IIIIIIIIII - - IIIII III - IIII ---IIIIIII .............. I ......... I1'11 12(3 Ap! Po Fm UT UL 8~ ' FCIC2) OC[NR] ID[49481328881][23870248880][ ] FOLIO STRAP 893?88 ORB/P[ 17821/[1813] SALE OATE 29 11292 ACRES i ,38 ! TRS-> [ 58 ] i 251 [ 13 ] LEGAL-]. -4 CURRENT-EX-AMT HMSTD-X ~ [ 8 ] 1882.-X. ~ [ 8 ] CZU-X ~ [ 8] UET-X ~ [ 8 ] BLD-X ~ [ 8 ) ~IO-X ~ [ 8 ] AG-X ~ [ 8 ] ~H-X ~ [ 858~B] (49481328881] OWNER> GRACE COMMUNITY CHURCH OF 375A13 NAPLES INC 4485 OUTER DR NAPLES -1997 TAX ROLL- HEIGHLAND UILLA LOT 37 OR 1782 PG 1813 MILL-CODE [ 811 MILL-RATE 115,2152] -1997- FL 34112 6787 AREA CU CERT-96-UAL CERT-97-UAL [ 75l LND ~[ 16874] [ 23623] L-USE IHP ~[ 68663] [ 62891] MKT SI 77537] [ 865141 ASD+AGADJ SI 77537] [ 865141 TAXABLE al 0] [ BI CNTY 8[ .88] MSTU SI .88] S-SL 8[ .88] WHB ~[ ,88] S-LB 3[ .88) ISD 3[ ,88] CITY ([ .88] UADP 8[ ,88] LOCATION INA OUTER (1997 TAXES) TOTAL 3[ -CERTIFIED- DR 4514] ,88] RES477 12/03/1997 09:33 AM 12c j I Apl Po Fra UT UL 8P~q~ FCIC2] OCITRi IDI67888128888]123878248888li FOLIO STRAP 128888 ORB/P[ 760l/[ 574) SALE DATE [ 8][86781 ~ AliT [ 8] ACRES [ 34 ] ' TRS->(58][25][13] LEGAL.-1 HHSTD-X 8 [ 81 188,.-x s [ 8] CIV-X $ [ 8 ] UET-X ~ I 8 ] BLD-X ~ [ 8 ] 14iD-X ~ [ 8 ] AG-X ~ [ B ! IJH-X ~ [ 8] [67888]28888] OgNER> FRANCIXI ET AL, DORIS 85A13 C/O PHILLIP XEYES 3838 64TX ST S~ NAPLES PINELAND OH THE TRAIL ELY 42FT OF LOT 8 + ELY 42FT OF LOT 88 OR 768 PG 574, OR 688 PG 972 UND CURRENT-EX-AXT HiLL-CODE [ 811 HILL-RATE 115.2152] -1997- LOCATION iNA -1997 TAX ROLL- FL 34185 7338 AREA CERT-96-UAL CERT-97-UAL I 18] LND 8[ 54818] [ 54818 L-USE IHP 81 81 ! 8 H[(T 8[ 548].81 [ 548].8 ASD-I-AGADJ ~;[ 54818] ( 54818 TAXABLE 81 54818] [ 54818 CNTY ~[ 284,25] HSTU $[ 42.85] S-SL ~[ 319,76] WHB ~[ 38,81) S-LB 81 141.961 lSD $1 92.281 CiTY ~1 .88] VADP ~[ 2.93] (1997 TAXES) TOTAL $[ -CERTIFIED- 1288881 833,96] RES477 12/03/1997 09:35 AM 1_2C 3 ~! LEGAL-1 ~i HNSTD-X ~! 108,.-X ~i CIV-X ~ VET-X ;{ BLD-X ~i AG-X ~, UII-X I Rpl Po Fm UT UL FCIC210C[NRI ID{67888288889][23878248888][ IFOLIO [678882888891 OWNER> CONTINENTAL FURNISHINGS INC STRAP 128888 95813 4488 TAMIAMI TRL E ORB/Pi 17911/121881 SALE DATE [271181931 ~ AMT [ 3758881 ACRES [ .961 NAPLES Fi_ TRS->I5811251i131 PINELAND ON THE TRAIL LOTS 9, 18,11, & 12 CURRENT-EX-AMT $[ 81 $[ 81 $I 81 $[ 81 $[ 81 ${ 81 $1 01 -1997 TAX ROLL- 34112 6722 CERT-96-UAL [ 11] LND $[ L-USE IMP $[ MRT $[ ASD+AGADJ $[ TAXABLE ~[ MILL-CODE [ 811 CNTY S-SL MILL-RATE S-LB [15,2152] CITY -1997- LOCATION INA TAHIAHI AREA CU CERT-97-UAL 2528881 [ 252808] 652471 [ 644661 3172471 [ 3164661 3172471 [ 3164661 3172471 { 3164661 1179.31) HSTU $[ 1846.261 UHB $! 819.65] lSD ¢[ .881UADP $[ (1997 TAXES) TOTAL $1 -CERTIFIED- TRL E 44881 242.761 177,861 532.33l 16,931 4815.181 RES477 12/03/1997 09:35 AM ~ Apl PO Fm UT UL 8 ;,J FC[~121 OCiNR] IDi~788184888G][2387824888811 ] ~f FOLIO f678818488861 , STRAP 128888 !!ORB/PI 15431/I 516! SAL. E DATE I 91[87981 S ANT [ 1689881 I~ ACRES [ .341 I TRS->158][2511131 !I LEGAL-1 -2 -3 -4 ' HMSTD-X 188,.-X S ! CIU-X UET-X BLD-X IJID-X IJH-X 8 [ OgNER> A H & M B CORP 765A13 988 BALD EAGLE DR NAPLES PINELANO ON THE TRAIL LOTS 7£ & 77 OR 1543 PG 516 CURRENT-EX-ANT ~ [ 81 81 SI 8] 81 8] 81 81 -1997 TAX ROLL- MILL-CODE [ 811 CNTY S-SL MILL-RATE S?LB I15,2152] CITY -1997- LOCATION INA OUTER FL 34185 7411 AREA CW CERT-96-VAL CERT-97-VAL [ 121LND 81 44438] I 44438] L-USE IMP ~[ 667181 [ 661271 MKT ~1 111148] i 1185571 ASD+AGAOJ ~I 11114811 1185571 TAXABLE ~1 1111481 [ 118557] 411,991 MSTU 8[ 644,991 gMB 8[ 286.34] lSD gl .88) UADP 8[ (1997 TAXES) TOTAL $[ -CERTIFIED- DR 4485] 84.811 62,13] 185,971 5.91] 1682,14 ] RES477 12/03/1997 09:36 AM .2C Rpl Po Fm UT UL FCIC2) OC[TR] IDI6788884B887)[238782488881l FOLIO [67888848887[ OIJNER> I(EYES TR, PHILIP N STRAP 128888 15A13 3838 64TH ST ORB/P[ :1.387 ]/[ 2146 ] SALE DATE [1711'1888] ~ ANT [ 81 ACRES I .751 NAPLES TRS->i581[2511'131 LEGAL-! PINELAND ON THE TRAIL LOT I XILL-CODE [ 811 CXTY S-SL MILL-RATE S-LB (15.2'1521 CITY -1997- LOCATION INA 8 -1997 TAX ROLL- FL 34:185 7338 AREA CW CERT-96-UAL CERT-97-UAL ( 181 LNO SI 147G851 [ 147685] L-USE IMP Si 81 [ 81 MRT 8[ 147685] [ 1476851 ASDTAGADJ 8[ '147685] [ 1476851 TAXABLE 81 1476851 ( 1476851 558.351 XSTU 8I 861.59] YXB S! 382.581 ISD 8I ,88] URDP SI 113.29] 83.881 248.421 7.981 (1997 TAXES) TOTAL 8[ -CERTIFIED- 1288881 2247,85] RES4?7 12/03/1997 09:43 AM NapLes DaiLy News NapLes, FL 33940 Affidavit of Publication Naples 0ally Ne~s BOARD OF COUNTY COflHISSZONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 B00551 57681~4 NOTICE OF INTENT TO 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 Dally 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 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, firs or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISNEO ON: 04/26 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is heceb¥ given that o~1 TUESDAY, MAY 12, 1998, In the Boord- room, 3rd Floor, Actmlnl$- troflon Building, Collier I County Government Cen- ter, 3301 EDit Tamioml Troll, Nople$, Florldo the Boord of County slone~$ wtll co~$1der the enodment of o County OrdJnonce. The ~e~.n(X will commence . A.M. The title of of the olrO~OSed Ordlnonce is os tows: AN ORDINANCE AA~ENDING ORDI- NANCE NO. 98-13, WHICH AAAENDED THE AAARCO SHORES/ FIDDLER'S CREEK PLANNED UNIT DE- VELOPN~ENT ("PUD") ORDINANCE, TO COR- RECT A SCRIVENER'S ERROR IN SECTION THREE BY ATTACH* lNG THE REVISED PUD AAASTER Pt. AN AS EX- HIBIT "FC.A'~ LOC. AT- ' ED IN SECTIONS I1, 13 14, 15, 18, 19, 21, 22, 24, 26, 29 & 33, TOWN- SHIP 51 SOUTH. RANGE 27 EAST AND SEC- TIONS 13, 14, 15, 21, 22, 23, 24, ?7 & 28, TOWN- SHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. A co~¥ of the pro~x~ed Ordlnonce Is O~ file with rne Clerk to the Boord Is ovallc~le for In~oecflon. All Interested Ix~rtles ore Invltec~ to offend Grid heord. Any person who decid- es to ol~eol a decision of the Boord will need o re- cord of the proceedlng~ pertolnlng thereto and thereforex ,may need fo ensure mm a verbatim AD SPACE: 77.000 INCH record of the proceedings FZLED ON: 04/27/98 Is mode, which record In- cludes the fesflmotlv .................................................. + ........ evidence ~ which the ~ ~ oppeol Is bosed. · h BOARD OF COUNTY Signature of Affiant ~'.' ,~ ') CO/V~A~ISSIONERS COLL,ER COUNTY, "i' day of .".'I~.4 ¢, BARBARA B. BERRY, Sworn to and Subscribed before me this,. '", ,) ~ .', //' DWIGHT E. BROCK, PersonaLLy known by ] By:/$/EIlle H-~fmon, Aorl1:26 No. ~ 195954 12C .~ OF PAGES ,~ (including this cover) !i1111111111111111111111111111111111111111111111111111111111111 TO: MS. JUDTT~ ~I~IAC~N LOCATION: ~%PLE$ DAILY NEWS FAX NO.: COMMENTS: 263-4864 97-/3 Iii1111111111111111111111111111111111111111'11111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE 'NO: (813) 774-8406 777 o~-x61 10: 3~I 00°02'dl 1,~: 21 00° 00' 55 ld: 23 00° 01' 33 9~9~?0626 9263d864 9263d864 Date sent: /~~ 120 April 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 98-13 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800551 12C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 12, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 98-13, WHICH AMENDED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT ("PUD") ORDINANCE, TO CORRECT A SCRIVENER'S ERROR IN SECTION THREE BY ATTACHING THE REVISED PUD MASTER PLAN AS EXHIBIT "FC-A": LOCATED IN SECTIONS 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29 & 33, TO?~SHIP 51 SOUTH, RANGE 27 EAST AND SECTIONS 13, 14, 15, 21, 22, 23, 24, 27 & 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deput_, Clerk (SEAL) CoLLier County, FLo~ich FOR L£~L ADVEETIS~NG OF PUBLIC HEAR[WG$ 120 ~ To: C:terk to the Board: PLease place the fol[o~ir~j a_~ a: ~ Noel LqaL ~erti~t ~ Other:r~ {/ /Oispt~ ~,.. L~.Ci~. etc.) ..................................................................... r' .... '~ ....... ' ............................... (Si~ clearly) Petition No. (If nc~-., ii*~ t:~ief o~'__.cripcio~): Fidd let ' s Creek Scrivener ' s Error Att: Ran Nino Planning Services 2800 N. Horseshoe Dr, Naples, Fla. 34102 -- ~. & A~ress of any ~r$on(s) :: ~ ~cifi~ ~ CLerk's Office: {if ~e s~ce ~, a::.~--~ s~=.a~ace ~e~ri~J l~efore: /'-~;~ 'F~: [ / 8ZA /~ Other :~=~ ............... ..~,,, ; ........... ~.: ~~' Fk' ......................... ' .,~" "'. ~.~'"' ' .~ '"'~ ".,~ ......................... ~,~."'"'"'~.~.'" cr regaLLy r~ir~ / ,} / / ~her ~r:~ ;¢x~: (l~t~ t~[ ~i~i~& ~ t~:i~ ~i:,): An Ordinance amendin5 Ord. 98-13, ;;hich amended the Harco Shores/Fiddler's Creek Plannee Unit Development (PUD) Ordinance, to correct a Scrivener's Erro~ (see attached Ordinance) List Att~h~-~nts:(1) CZ) (3) 01S 7~ i ~U'T I0,1 l WSTt~JCT ICeS For heerin<~s b~¢o~ SOS or g:~: Initiating I~r~:~ to c~lete ~ c~ ~ ~:ain Oivisim ~e~ a~ovat ~f~'e ~itti~ to ~ ~. ~TE: If t~a[ ~t is i~iv~, ~ ~e that ~ ~ I~at r~i~, or r~t for ~, is ~ to C~ Atto~ ~fore ~itti~ to C~~r. The ~r's Office rill distri~e c~i~: / / Cooncy Nm-~ ~ file; / · Requ~stin~ Oivisic~; / / Original to Clerk's Offic: Other hearin<~: lnitiatinc Oivision Ice~d to aex~o~e ~ mit o~iaJnat to Clerk's Office. retainir~a · coc~ foe file. 12C ORDINANCE NO. 98- A:'I ORD!HANCE AMENDING ORDINANCE NO. 98-13, WHICH AMENDED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT ("PUD") ORDINANCE, TO CORRECT A SCRIVENER'S ERROR iN SECTION TEREE BY ATTACHING THE REVISED PUD MASTER PLAiI AS EXHIBIT "FC-A": LOCATED IN SECTIONS 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29 & 33, TOWNSHIP 5! SOUTH, RANGE 27 EAST AND SECTIONS 13, 14, 15, 21, 22, 23, 24, 27 & 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING FOR AN EFFECTIVE DAT E. WHEREAS, :?'.':. Cc:.l{r.r County Board of County Cc.~issioners adopted Ordinance No. 98-!3, on February 24, 1998, and WHEREAS, fc:!~wi.-.9, said action adopting Ordinance No. 98-13, staff was advised that Sestion Three was in error because of the failure to reference the rev"_.--.od PUD Master Plan and to attach said Master Plan to the Ordinance ar.:-: t.?.e~ r correction constitutes a s--rivener's error. NOW, THER[iFORE -2E iT ORDAINED, by the Board of County Commissioners of Collier Cou:-.iv, Flcrida: SECTION ONE: SCRi:,'ENER'S ERROR AMENDMENT Ordinance :;'.:.-.be-_' 9~,-13 which amended the Marco Shore/Fiddler's Creek Planned Un:: ~e','elc.~..~n~-- is hereby amended to correct a ~rivener' s e.":'..:' :-.; f.:.i]o,;.-~: Secti,?,:-. i-. .-:.-:i-_l-:.d "~-~.--.-,.,~,__, Development" of Ordinances numbered 84-42 and 9~1-"-;, -i'.e Marco Shores/?iddler's Creel.: PUD, as amended, is hereby ~. ::..; :. :i.'_ .'i t.) reatl as follows: 2.3 PRO,YET! .tlR:; AND LAND USE TRACTS Th-: Fr:~aut site plan, including layout of streets and la:-.fi cf -_he various tracts, is illustrated graphically bv E:.:hi~i% "A", ?'[aster Plan, for all areas other than lin:.% }.i, Fiddler's Creek. The deve!cpment tracts are ill.;::-_rate! individually and each development tract inc~'.:Jes land uses. A sum~mary of the land uses in e<:<.-. -!e'.'e!.-pment area is su.~,marized on the table b---.- i ' '...'. B. Area:: iLl~z:t, rated as Zeke$ on Lhe site development plan shall be constructed as lakes and the interconnec~in~ waterway ~';ystems. In Unit 24, these lakes pro,..ide t~.e necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan sha]t be a?proved by the appropriate County and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. C. In addition to the various areas and specific items shown in the development site plans, such easements (utility, priv-~te, semi-public, etc.) shall be estab!ishe~-i within or a!_~ng the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Naster plan for Fiddler's Creek Exhibit "FC-"A", which includes the Fiddler's Creek Addition, this Exhibit supersedes the Narco Shores Master Plan Exhibit "A" and ~.~.v__i_o_~ Exhibits labeled "?C-A"), is attached heretO-- and made a ?art kereof ~7' reference. The land uses in F'ic]dler'.q C:'eek (Unit 30) are included in the Land Use .qu:1,~.a ry be 1 ow. SECTION TWO: E~FECTIVE DATE This Ordinance shall become effective upon filing with the Department of .qtate. PASSED AND DULY ADOPTED by the Board of County Commissione.-s Collier ~'~ ........ ........ ~, ['ior~.:~:~, this ....... Cay of , 1998. P. OAPD OF COUt;TY COMMISSiOHEF, S COLLIER COUNTY, FLORIDA ...................... BY: Approve:l as to Form and "=~' iencv: Legal BARBARA B. BERRY, Chairman Assista: t C~<:'.L'z' .r:t' <~[nu}' Words. struck through are deleted; words underlingd are added. -2- 1 2 3 5 6 9 lO II 12 ~3 14 15 16 l? 18 19 12C 4 ORDINANCE NO. 98- AH ORDINANCE AMENDING ORDINANCE NO. 98-13, WHICH AMENDED THE MARCO SHORES/FIDDLER'S CREEK PLAN:lED UNIT DEVELOPMENT ("P[JD") ORD[NA~ICE, TO CORRECT A SCRIVENER'S ERROR IN SECTIO'.I THREE BY ATTACHING THE P, EVISED PUD MASTER PLAN AS EXHIBIT "FC-A": LOCATED IN SECTIONS 11, t3, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29 & 33, TOWNSHIP 51 SOUTH, RAHGE 27 EAST ANS SECTIONS 13, 14, 15, 21, 22, 23, 24, 27 6 28, TOWNSHIP 51 SOUTH, RAt:GE 26 EAST, COLLIER COUNTY, FI.ORIDA; AND BY PROVIDING FOR AN EFFECTIVE DATE. 20 WHEPEA):, the Col l J~r County Board cf County Comm/ssicme:'s ad;pLed 21 Ordinance: :;~,. q~-13, on February 2.1, !998, and 22 WHEPEA2, roll-winU said action a~opting Ordinance No. 9~-1~, ~taff 23 was ad'/Jse~ that ~ "' ~ · '.~-cttr~n :h.e_ was in error because of the faLlure tc 24 reference th~ revised FUQ M~st,2r Plan and to attach sa]ti ?.~te: ~ian to 26 HOW, ?~EEEFORK BF~ ZT GRDA}NED, ky the Board o~ County Cor~r. issione:s 27 cf Collier T:~untV, Flmrida: 28 SECTiO:; ONE: SCBI'¥'ENEE'S ERROR AMENDMENT 29 Ordin.~nc~~,lumb_r,, 98-13 which amo~ed the Marco Shore/Fiddler's 30 Creek Plan::ej Unit Development is hereby amended to correct a 31 Scri"c':.::" · rr:,: ~,.: follov:s: 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 :;k~i:': % 2'H;EE: A:<.~U;P~<EUTS TO ~R:JECT DEVEi. OF>:ENT SEL'TiOX '~ 3 '..'F',7:'"w' [~L,"::i ;,Jib i. AND r~f;--- TF.x. CTS Th.~, proj--.:- site plan, inrludinc layout of streets an:! iani ~-:f t.h.., varic, u:; tracts, is illustrated graphically P',' ~'i:.:h:.k;~t "A", ~4aster Plan, for all areas o~her than Unit 30, FJddle:"s Creek. The development tracts are :llustrate~ inc~!vidua!ly and each development tract includes !and uses. A surmary of the land uses in each development area is summarized on the table be 1 I Words struck through are deleted; words underlined are added. 12C 1 2 3 7 I0 11 13 14 20 21 23 24 Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for thei: assigned uses. The detailed lake system construction F!an shall be approved by the appropriate County and regional agencies p~ior to commencement cf construction. The remaining development tracts will be filled to design elevation by t~.e importation of off-site fill. In addition to the various areas and specific items shown in the development site plans, such easements (utility, p~ivdt~, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. The PUD Master plan for Fiddler's Creek Exhibit "FC-"A", which includes the Fiddler's Creek Addition, this E:<hib~t supersedes the Marco Shores Master Plan Exhibit "A" and previous Exhibits labeled "FC-A"), is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use summary below. 26 SECTION TWO: EFFECTIVE DATE 27 This Ordinance shall become effective upon filing with the 2S Department of State. 29 30 Collier Co':at}', Florida, this 31 32 ATTEST: 33 DWIGHT E. BROCK, Clerk 3~ 35 ,7 38 39 40 Aop-o'/,~r~. ~ ..~ a~ to ~'orm and 4l Legal Suff'~ciency: 42 43 45 v~arj~rie M. Student 46 Assistant County Attorney 47 48 50 51 DULY ;-.'.:OPTED by the Board of Count}' Commissioners of ...... da)' of , 199&. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Words struck throuoh are deleted; words underlined are added. -2- ORDINANCE NO. 98- 38 AN ORDINANCE AMENDING ORDINANCE NO. 98-13, WHICH AMENDED THE MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT ("PUD") ORDI~IANCE, TO CORRECT A SCRIVENER'S ERROR I~ SECTION THREE BY ATTAC}{ING THE REVISED ?UD MASTER PLAN AS EXHIBIT "FC-A': LOCATED IN SECTIONS 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29 & 33, TOWNSHIP 51 SOUTH, RANGE 27 EAST AND SECTIONS 13, 14, 15, 21, 22, 23, 24, 27 & 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Cormmissioners adopted Ordinance No. '~-1~, ~n February 24, 1998, and WHEREAS, f~,!lowing said action adopting Ordinance No. 98-13, staff was advised theft Sectiog Three was in error because of the failure to reference the r.~vised PUD Master Plan and to attach said Master Plan to the Ordinance :md their correction constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Ordinance Humber 98-13 which amended the Marco Shore/Fiddler's Creek Planned Unit Development is hereby amended to correct a Scrivener's e[r~r as follows: SECTIOiI T!!REE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION Section I~ ,mtitled "Project Development" of Ordinances numbered 84-42 and 9~3-'/4, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby .~:nended to read as follows: 2.3 PROJECT PLAN AND LAND USE TRACTS A. Th.~ project site plan, including layout of streets and !a:~.~ of tho various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are illustrated individually and each development tract inciudes land uses. A summary of the land uses in e~,,~!] development area is sur~arized on the table be~ ~. Words struck through are deleted; words underlined are added. Areas illustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate County and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. Co In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Master plan for Fiddler's Creek Exhibit "FC-"A", which includes the Fiddler's Creek Addition, this Exhibit supersedes the Marco Shores Master Plan Exhibit "A" and previous Exhibits labeled "FC-A"), is attached heret~--- and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use summary below. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of County, Florida, this ~_/~Y day of ~/ , 1998. Collier ATTEST: ~W~GHT~,E. BROCK, Cl~rk Legal Su f f i'ciency.:' Marj~rie M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA f/ton/fidd ler.~/.pz tven ,e~'r Words r k h are deleted; words ~ are added. -2- ? / ~'iddlcr's Creek F:.XHIBIT "FC-A", ' 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. 98-38 Which was adopted by the Board of County Commissioners on the 12th day of May, 1998, during Regular Session· WITNESS my hand and the official seal of the Board of County Commissioners of Collier CountY, Florida, this 13th day of May, 1998. C~erk of Courts and NapLas DaiLy News NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy Ne~s NOTICE OF PUBLIC HKAR NC, Notice Is hereby g yen BOARD OF COUNTY CONNISSZONERS J _f L hot ~e .Board of County ATTN: NANCY SALOGUB I L-ommlss~oners of Collier J County, will hold o public PO BOX 413016 I heorlng off TI, LE~AY, NAPLES FL 34101-3016 I0o~', Liar Courffv Government ~enter, 3301 East Tomlo- mi Troll, Naples. Florida The meeting will begin Of The Board will co~q$1der win Stuba:~, of Humlstort & Moore Engineers, representing Gene L. & Sheeloh R. WInotelctt, requesting a Coastal Construction Setback Line Variance to allow for the co~structlo~ of on elevc~ed r, cdlo wlfh sm= and stairs for a sin- gib family residence Io. coted of Lot 7, Bc~efoot Estates, Section 6, Township 48 South, Range 2.5 Ec~f, Collier County Flor Iclo. All Interested l~rties ore Invited to Oftencl, to register to ~oeok and to Submit their Ob~ectton$, If or~,, In writing, to the Board prior to the public Any l~erso~ who cie. ¢!cles fo opDeol a deci- SiOn1 of the ~x~'d will need a re~ord of the ~t~OCeedlngs pertaining ereto, and therefore, m~y need to er~e a verbatim record of the ~hoceedln~ Is mode, Ich record Includes the tesfl~ ee~ evl- derce..ul~on which .the BOARD OF: COUNTY CO~ISSlONGRS COLLIER COUNTY, FLORIDA PUBLISHED ON: 04/26 DWIGHT E BROCK, AD SPACE: 65.000 INCH FILED ON: 04/27/98 Sworn to and Subscribed before ,, this ~:~ day of ~'~-'J~-t 19..~) REFERENCE: 001230 ~X)551 57682028 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 advertiaing was published in said newspaper on dates Listed, Affiant further says that the said Naples Daily News is a newspaper published at Naples/ tn satd Collier County, FLorida, and that the laid newspaper ham heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class Jail 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 parade, ftr~ or coporatton any discount, rebate, commission or refund for the purpose of securing this adverttlement for publication in the said newspaper. Judith A. Hamgan MY COMMISSION # CC508787 EXPIRES February 19. 2000 ~ON~E0 IHRU TROY FAIN ~II~NC~, ,NC ~ OF PAGES ~ (including this cover) 2C 5 !i1111111111111111111111111111111111111111111111111111111111111 TO: LOCATION: NAPLES DAILY NE~S COMMEA"~ S: 263-4864 Re: ilili11111111111111111111111111111111111111'!i!!IIIii11111111111 FROM: -_________ELLIE HOFFMAN - MINUTES & RECORDS L LOCATION: Collier County Courthouse FAX }[O: (813) 774-8408 P]IONE 'NO: (813) 774 -8406 10:34 14:21 14:23 15:50 16:25 ~4'g4 ~'ldb~fb I UK I 1 * 1 268C010~00S~ I 068C00S00000~ 141 5 April 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CCSL-98-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Enclosure Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, MAY 12, 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 CCSL-98-2, Darwin Stubbs, of Humiston & Moore Engineers, representing Gene L. & Sheelah R. Windfeldt, requesting a Coastal Construction Setback Line Variance to allow for the construction of an elevated patio with spa and stairs for a single family residence located at Lot 7, Barefoot Estates, Section 6, Township 48 South, Range 25 East, Collier County Florida. 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/Ellie Hoffman, Deputy Clerk (SEAL) I I I I IIIIII1~III IIIIIIII III II I I~ .... ' .................. II II I 1.20 5 April 16, 1998 Gene L. and Sheelah R. Windfeldt 23404 Wingedfoot Drive Westlake, Ohio 44145 Re: Notice of Public Hearing to consider Petition CCSL-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 120 April 16, 1998 Mr. Darwin Stubbs Humiston & Moore Engineers 10641 Airport Road North, Suite 29 Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition CCSL-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12¢ 5 ~£~IJEST lrc~ LEGAL ADVI:I~11SIIIG O~ P~litlC leEA~ilIG$ 11/Z~/64- SS~ To: Clerk to the aoaccl: Ptez~e pLa~:e the following a~ a: ~ Uo~t L~al ~erti~t ~ Other: (DispLay ~., L~ati~, etc.) ,~ j/ .... , , Actress of any I>ersc~s) :: :e r~t~fieci b~ CLerk's Office: , ..... r .'.. "")' ' / "' '"/ ':'/' '" ' ' ./'~.- ' / ~ear~ '.; ~fore: /~ ~ L , B~ ~ Other We-,,s¢~ac:,er(s) to t:>e u-.e<~: (Ccr~oLe:e :~l¥ if i~m~ortant ! ?, fxxX~t WaoLes OaiLy ~eus or Legally reod~recl /' 7) / Pr~ Text: (X~L~ I~t ~iDti~ & c~ [~ati~ A size): .'.', / .4'.' ~./~.' ~',' ~ I . · .' // .: ~r~( ~ // ' /~/' , ,,'x',.." ~x'~ /.,/ ':.~' Coml:~ic~ petition(s), if a~f, & ~.-..-,~sed I~earir~ ~te: O~ Petiti~ Fee I~[~ ~isi~ C~t? 7~ / '-'T ~o /' / If y~, ~a: ~c~t shard ~ charg~ fo~ ~ertisi~ costs: i13-1Z-5312-649100 P.O.~ / Oivisi~ ~e~ Oate C~ ~, Date List Att~ts:(1) (2) (3) For hearir~$ befo~ BCC or ~:ZA: Initiating persc~ to co~t=lete one copy a~d obtain Division Head approval befc~'e sul:mitttng to Cou'rty Itmmg~. ~OTE: If teqa[. ~t is irrvolved, be sure that ar9, necessary te~JaL review, or recjuest foe sa~, is sa.~mtT, ecl to Co~rf Attorrmy before _-,~_ittincI to Co~ty ~m~er. The I~aneger's Offic- will distribute co~ies: ! / County #a~-~ eger~e file; ~ Re,7~ _,,~_ting Oivfsic~; /'""'-7' Original to CLerk's Office Other heaeinei: Initiatim Oivistcfl Ileal to move m'd la.bait oriaina| to CLerk's Office. retainina · CODy fo* file. 5 RESOI,UTION NO. 98- RESOLUTION APPROVING WITII CONDITIONS PETITION CCS1,-98o2, REQUESTING A VARIANCE FROM TIlE COASTAL CONSTRUCTION SETBACK I,INE (CCSI,) 'FO Al,LOW CONSTRUCTION OF A ELEVATED PATIO WITI! SPA AND STAIRS FOR A SINGI,E FAMILY RESIDENCE LOCATED AT I,OT 7. BAREFOOT ESTATES. SECTION 6. TOWNSIIIP 48 SOUTII. RANGE 25 EAST. COI,I,IER COUNTY. FLORII)A. WI I EREAS, Darwin Stubbs of llumiston & Moore Engineers, representing Gene L. ami Sbeelah R. Windfeklt, requests a variance from the Coastal Construction Setback Line (CCSI.) as required by Ihe Collier County Ordinance 91-102 Division 3.13, as amended, to allow construction eta elevated patio with spa and stairs for a single family residence (Exhibit A); and WIIEREAS, the subject property is a single family lot locale(l on the west end of Felipe l:tnc, within Ihe Lely Barcfimt Beach Planned Unit Dcvclopment; amt WIlEREAS. the proposed accessory structures will extend approximately 24 feet seaward of the adopted coaslal constntction setback line CCSL; and WlIEREAS, tile petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and VqlIEREAS, tile petition is consistent wilh Ihe Collier County Growth Management Plan - Consort, alien mot Coastal Management Elemenl, NOW, TilEREFORE, liE IT RES(}I,VED BY 'FILE BOARI) (')F C(')UNTY COMMISSIONERS O!: (;OI,I,IER ('O[IN'I'Y, Fi.ORII)A. lhaI: V.'triancc Petition CCSL-98-2 I've approved, stthj¢cl lo thc fi:,llowing conditions: All pmpr, sed m~provcrncnts shall he designe,.I m accordaqce with thc standards of the Florida I~cparlment of' I~nvmmmc,lal I)mrecmm (I:I)IiP} Bureau of Beaches and Coastal Systems and an appn)ved FI)EP permit shall be .blamed, and c()p~cs provided, pr/or t() issuance of a Collier ('mmty Ihfil(hn~ Permit. I' '.nslructloll acllVttles shall not occl~r wllhin ,nc humlrcd (lO0) feet of Iht sca tunic nesting zone. defined by ('.lhcr ('mmty [ ;llld I)cvelopmcnI ('ode [)ivlsioll J. JO, between May I - October 31, sca lurllc ilcslmg season, wHhout l~sl Sllblnllllllg ~nd obtaifHl~g I:I)I~P ~lld Collier ('ounly ('l)llSlrtfCllon 111 ~c3 'l little Ncstlllg .'[ICil I]CrlllllS Petitioner shall nolil~ Current Planning Envir.nm~ntal Staff one week prior to commencing work seaward off thc ('SSI, and shall again c,ntact Slaff wilhin one week Following completion of work seaward of the ( Oufdoor lighting associaled with consfmctmn, or development within three hundred (300) feet the high title line. shall be in compliance with Division 3.10 or lite Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation fi~r all on-sire landscaping beyond the 1974 Coastal Construction Contrnl IAne. Petitioner shall re-vegelate the dnne where thc dune is devoid of coastal dune vegetation. Re- vegetation shall be completed, according lo a plan submitted to and approved by Collier County ('orrent Planning Environmental Sial't: prior to the issuance ora Certificate of Occupancy. Petitioner shall remove all exotic vegetation from the subject properly in accordance with Section 3.0.6.6 of Ihe Collier Cm,nty Land Development Code. 12g .5 8o Minor revisions to Coastal Construction Setback Line Variance CCSL-98-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED tiffs .... day et' __ ,1998. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AITEST: BY: DWIGIIT E. BROCK, Clerk BARBARA B. BERRY, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: }le~d, Ashton Assistant County Attorney RESOI,UTION NO. 98- 1:33 RESOI,UTION APPROVING WITil CONDITIONS PETITION CCS1,-98-2, REQUESTING A VARIANCE FROM TIlE COASTAl, CONSTRUCTION SETBACK lANE (CCSI,) TO AIA,OW CONSTRUCTION OF A EI,EVATED PATIO WITII SPA AND STAIRS FOR A SINGI.E FAMII.Y RESIDENCE LOCATED AT I,OT 7. BAREFOOT ESTATES, SECTION 6, TOWNSHIP 48 SOUTil. RANGE 25 EAST, COi,I,IER COUNTY, FI,ORIDA. WIIEREAS. l)ap, vin Stubbs of tlumiston & Moore Engineers. representing Gene I,. and Shcelah R. Wmdfcldl, requests a variance from the Coaslal Construction Setback l,inc (CCSI,) as required by tile Collier Counly Ordinance 91-102 Division 3.13, as amended, to ;dlow cm~struction ora elevated patio with spa and stairs for a single family residence (Exhibit A); and WIIEREAS. tile subject property is a single family lot located on thc west cad of Fclipe l,anc, within tile l, cly Barefoot Beach Planned Unit Development: and Wl lEREAS, thc proposed accesso/3' struclures will extend approximately 24 feet seaward of the adopted coastal construction setback line CCSL; and WliEREAS. Ibc petition is conslslcnl whh thc Collier County Land Development Code. Division 3.13, as amended; and WllEREAS, tile pclition is consistent with tile Collier County Growth Management Phm - ('onscrvation and Coastal Management Element. NOW, TllEREFORE. BE IT RESOI,VED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI,I,IER COUNTY, FI,ORIDA. that: Variance Petition CCSL-98-2 be approved, subject lo Ihe tblloxving conditions: All proposed improvements shall be designed m accordance with the standards of thc Florida l)cpar~mcnt (ff Environmental Protectn)n (Fl)El)) Bureau (ff Beaches and Coastal Systems anti an approved FDF. P pemm shall be oblaincd, and copies pr()vidcd, prior to issuance of a Collier County Ih~ihhng Pcm~it. ('onstrnctmn activities shall not occur within one hondred (100) feet nfthe sca lunle nesting zone. defined by ('oilier ('ounty I,and Dcvelopmenl Code Division 3.10. between May 1 - ~tober 31. sea lurllc nesting season, withoul first submitting and nbtaining FDEP ami Collier County ('on~tntclion tn Sea Turtle Nesting Area Permils. I'cmnmcr shall nold~ ('urrcnt Planning Environmental Staffonc week prior to commencing work seaward of the ('SSI, and shall again c,ntacl Staff Wllhin one xvcck fo[lowing completion of work seaward ~1' Ihe ( Outdoor hghting associaled with consm~cmm, or development wilhin three hundred (300) feel of the high tide linc. shall be m c.mpliancc with l)ivi~ion 3.10 of thc Collier Courtly Land l)cvelopmcnl ('ode. Pelifioner shall utilize only native coastal dune vegetation for all on-silo landscaping beyond the 1974 Coastal Constmctmn Control lane. F'ctitioncr shall re-vegetate the dune where lhe dune is devoid of coastal dune vegetation. Re- Vcgelation shall be completed, according tn a plan submitted to anti approved by Collier Coumy Current I%nning Environmental Staff. prior to the issuance ora Certificate of Occupancy, Pelitioner shall remove all exolic vegetation from the snbjcc! property in accordance with Section 3,9,6.6 nf thc ('oilier Couqty I,and Development Code. · 12C 5 Minor revisions to Coastal Construction Setback Linc Variancc CC5L-98-2 (including changes in siting and structures) may be approved, in ~ting. by thc Planning Scn'iccs Director or his.,'hcr designee. This Resolution adopted after motion, second and majority vote favoring same. I)ONI'~ AND ORDERED this __/J day of //'~t , 1998. BOA~D'~COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ATTEST: 13i,;~'IGI[T E. BROCK, Clerk // ?signature f/Approveo as to ro~ an~Legai Sufficiency: II~i~i ~o~ ' ' Assista~l Counly ~AR~RA B.-BEI~,RY~ ~ lil ..f EXHIBIT 2C '5 E%qS~O~ S · ~ · [ [[[..I [[ I[I [ [ [[mn[[ [I][[ll[ 11 11 I[llll [ I1 [[ 11111 NapLes DaiLy NapLes, FL Affidavit of PubLtcat$on NapLes DaiLy Ne~s BOARO OF COUNTY COflHISSIONERS ATTN: NANCY SALOGUB PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57682013 NOTZCE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personalty appeared B. Lamb, ~ on oath says that she serves as the Assistant Corporate Secretary of the NapLes 0oiLy 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 nei~spaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second cLass ~atL · atter at the post office in Neptea, 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, fire or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/26 AD SPACE: 73.000 tNCH FILEO ON: 04/27/98 ................................ : ........ ,~ ....... + .................... Signature of Affiant Sworn to and Subscribed before me this PersonaLLy known by me _l(,:rlX,'c~ ~7, '.~ / 0110 NOTICE Of= PUBLIC HEARING Notice Is hereby Commissioners of Coilie~ he~l~ ~ TUE~AY, ~, ~1 E~t To~ mi Troll, N~les, The m~ ~11 ~n 9~ A~ The ~d ~n S~, ~ Humls~ & M~re Engineers, r~e~ K~ Cleory, requesting a Coastal Constr uctlon ~ LI~ s~ ~ a s~mml~ ~1, spa, ~c~lve stalr~ and driveway ly re~e s~e Drive, m~ely ~ h~ml~ ~ ~ ~blll Ave- n~, L~ ~, B~k A, Re- pl~ ~ Un~ 1, C~'s vo~l~ ~h ~ost Collle~ Coun~ ~nl~ a~mr~ ~1~ r~d I~ *ap_. ~u~Y COLLIER COUNTY, ~ A ~N ~ ~RY~ DWIGHT E. BR~K~ ~K ~C~ ~ 1195945 6 .~ OF PAGES (including this cover) 12C 6' !11111111111111111111111111111111111111111111111111111111111111 TO: MS. ~mTT~ ~%N LOCATION: ~%~LE$ DAILY NEWS FAX NO.: COMMENTS: 263-4864 Iilli!iii111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier COunty' Courthouse FAX frO: (813) 774-8408 PHONE 'NO: (813) 774-8406 '7'76 I 04-161 14:21 ??7 { 04-16{ 14:23 ?78 I 04-~61 15:s0 O0° 00' 55 92634864 , 00° 01' 33 / 92634864 OK 00° 01' 54 I92634864 . . . OK I zc:,ocot~oooo~o i I06Oc0ooo0ooo8~141 120 6 April 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CCSL-98-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, MAY 12, 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 CCSL-98-1, Darwin Stubbs, of Humiston & Moore Engineers, representing Katherine Cleary, requesting a Coastal Construction Setback Line Variance to allow for the construction of a swimming pool, spa, decorative waterfall, pool deck with stairs and driveway pavers for a single family residence located on the west side of Gulfshore Drive, approximately one half mile south of Bluebill Avenue, Lot 37, Block A, Re-plat of Unit 1, Conner's Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County Florida. 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/Ellie Hoffman, Deputy Clerk (SEAL) 12g 6 April 16, 1998 Ms. Katherine Cleary 10217 Gulfshore Drive Naples, Florida 34108 Re: Notice of Public Hearing to consider Petition CCSL-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12g April 16, 1998 Mr. Darwin Stubbs Humiston & Moore Engineers 10641 Airport Road North, Suite 29 Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition CCSL-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure '1.2C 6 RESOI,UTION NO. 98- RESOI,UTION APPROVING WITII CONDITIONS PETITION CCSI.,-98-1, R. EQUESTING A VARIANCE FROM TIIE COASTAL CONSTRUCTION SETBACK I,INE (CCSL) 'I'O ALLOW CONSTRUCTION OF A SWIMMING POOl., SPA, DECORATIVE WATERFALl,, POOL DECK WI'Fll STAIRS AND DRIVEWAY PAVERS FOR A SINGLE FAM'II.,Y RESIDENCE LOCATED AT I.OT 37, BLOCK A, RE-PI,AT OF UNIT I, CONNER'S VANDERBII,T BEACII ESTATES, SECTION 29, TOWNSHIP 48 SOUTII, RANGE 25 EAST, COI,IAER COUNTY, FLORIDA. WilEREAS, Dar,,vin Stubbs of Humiston & Moore Engineers, representing' Katherine A. Clear'y; requests a variance from thc Coastal Construction Setback Line (CCSL) as rcquire(I by tl~c Collier County Ordinance 91-102 Division 3.13, as amended, to allo,,¥ construction of'a swimming pool, spa, decorative waterfall, pool deck with stairs and driveway pavers for a single fitmily residence (Exhibit A); and WIIEREAS, tile subject property is located on tile west side of Gulfshore Drive approximately one half mile south of' Bluehill Avcntte; and WIIEREAS, tile proposed pool facility ,,viii extend approximately 36 feet seaward of the adopted coastal construction setback line CCSL; and WIlEREAS, tile proposed driveway pavers will extend approximately 4 feet seaward of Ihe adopted coastal conslructiot~ sctback line CCSL; and WllEREAS, lhe petition is consislent with Ihe Collier County Land Development Colic:, Division 3.13, as amendctl; WIIEREAS, tim petit/on is ccmsistcnt with the ('oilier County Growth Management Plan - Conservation and Coastal M:magement Elemenl. NOW, TIIEREFORE, liE IT llESOI,VED BY TilE BOARD OF COUNTY COMMISSIONERS OF COI,i,IEll C¢)UNTY, FI,OIIIi)A, lhat: Variance Pelition CCSI.-98-I be approved, subjccl Itl Iht lbllowing comtitions: All proposed impr¢~vemcnts shall be des~gm..d m accordance with thc slantlards of lhe Florida I)cpartmcnl of Enviromncnlal Pl~flcclloll I I'l )El') JltllCatl tit' Beaches anti Coaslal Syslems and an approved I:I)l~l) permit shall be ohlamed, and copies provided, prior lo issuance of a Collier ('ounty lhfildmg Pcrmil. Construction activities shall not c, ccur within one hundred (100) feet of thc sca turtle nesting zone. defined by Collier County I.and I)ev¢lopn]ent ('ode Division 3.10. between May I - October 31, sea turtle nesting season, v,'ithoot fi~st sobmilting and obtaining FDL:P and Collier County Constmclion in Sea Turtle Nesting Area Perm/ts. Petitioner shall noilly Current Planni,~g l!nvmmmenlal Slal'f one week prior Io commencing work seaward of Ihe ('SSI. anti shall again contact Staff v,'ithm one week following completion of v,.ol k seaward oflhe Outdoor lighting associated with construction, or development witb!n three hundred {300) feet of the high tide line, shall be in compliance with Division ..t.10 of the Collier County I.and Development Code. Petitioner shall utilize only native coastal dune vcgelation for all on-site landscaping beyoml thc 1974 Coastal ('onstmction Control 120 6 Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of'the Collier County Land Development Code. Minor revisions to Coastal construction Setback Line Variance CCSL-98-1 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted aftcr motion, second and majority vote favoring same. DONE AND ORDERED this day of ,1998. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGIIT E. BROCK, Clerk BARBARA B. BERRY, Chairman DEPUTY CI. ERK Approved as to Form and Legal Sufficiency: l(~ldi A~h[on' " Assistant County Attorney E~ibit "A" 12C Co~er Cc~y, Florida I~E~IJEST FOI~ LE~t. ~l~lTl$111~ ~ ~LIC HF=~JIII~$ To: Clerk to the Boa~: Ple~,e pl~e the following ,c a: r ,' (Display ~., ~ati~, eec.) (Si~ clear[y) PetitJo¢n We. (If nc~e, g,~e tyie~ ce/..criptlon): ~ ' ' - 2~ted hearing Cate: Based on ad'yeti,sec,-nC appearing .~. ~...dys before hearir~j. Co~c~anion petitio~n(s), if a~'n,, & ~.-~c,~sed hearin~ clare: Ooe~ Petition Fee IncJu~e A,~.'e~tisir, g C~,st? Yes / . ' i Ho / / Zf ye-J, vhat accc~J~t sho~JLd be chargea for actvertisir~q costs: 113_!_~.5312_649100 P.O.,~ eevi e~-cl by: Oivislon He~d Oate Oate List A t tech~e~qt s: ( 1 ) (2) (3) 0 ISTRISUT lCll IVSTRgCTIO~$ For hearinq$ befone BC: or [:A: Initiating person to coe~oiete cr~e .opy ~ c~tain Division Head apb'oval befc~'e suemitting to Cou-rty ltmeger. ,OTE: !f legal clocu~ent is involved, be sure that art1' necessary legal revira, or rec~est for s~me, is s~l~ilrted to C~t¥ Attorney before s~:mitttnq to Co, nty ltar~er. The Icanager's Offi:e will dis tr il:~rte / / County #anag(~ age~m file; /-----7 Re-? _-~_ting Oivision; /--""7' Original to Clerk's O.~fice Other heartnei: Initiatifl~ Division Need to aeormee mhd mit erie|net to Clerk's Office. retainina a cocv for file. 12C 6 RESOI.UTION NO. 98- 13t, RESOI.UTION APPROVING WITll CONDITIONS PETITION CCSL-98-1, REQUESTING A VARIANCE FROM THE COASTAl, CONSTRUCTION SETBACK lANE (CCSI,) TO AIA,OW CONSTRUCTION OF A SWIMMING POOl,. SPA. DECORATIVE WATERFAIA,. POOl, DECK WITil STAIRS AND DRIVEWAY PAVERS FOR A SINGI.E FAMII,Y RESIDENCE I,OCATED AT I,OT 37, BI,OCK A. RE-PI,AT OF UNIT 1. CONNER'S VANDERBII,T BEACII ESTATES, SECTION 29. TOWNStllP 48 SOUTII, RANGE 25 EAST, COI,i.IER COUNTY, FLORIDA. Wil EREAS, Darwin Stubbs of Ilumislon &Moorc Engineers, representing Katherine A. Cleary; requests a variance from thc Coaslal Construction Setback IJnc (CCSL) as required by thc Collier County Ordinance 91-102 Division 3.13, as ,'m'~cndcd. lo allow construction ofa swirnming pool. spa. decorative waterfifll, pool deck with stairs and driveway pavers for a single fitmily residence (Exhibit At; and WllEREAS, the subjccl properly is Iocatcd on thc xvcst side ofGulfshorc Drivc approximately one half mile south of Blucbill Avenue; and WlIEREAS, thc proposed pool facility will cxtcnd approximately 36 fect seaward of the adopted coastal construction setback line CCSL; and ~VIIEREAS, thc proposcd driveway pay(rs will extend approximately 4 feet seaward of the adoplcd coast:ti construction setback linc CCSL; and WllEREAS, Ihe petition is consistent with thc Collier County Land Dcvclopmcnt Code, Division 3.13, as amcnded; and WilEREAS, thc petition is consistent with the Collier Cotmty Growth Management Plan - Conservation and Coastal Management Elcmcnt. NOW, TIIEREFORE, liE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONEI,IS OF COIAAER COUNTY, Fi,ORIDA, that: Variancc Petition CCSL-98-1 be approved, subject to thc following conditions: All pre, posed improvements shall be designed in accordance with lite standards of thc Fh')rida Dcparlmcnt of Environmental Prolcction (FI)EP) Bureau of Beaches and Coastal Systems anti an approved FI)F.P permit shall be obtained, and cop~es provitlcd, prior to issuance of a (.'oilier Ccmnty Building Pein'fit. ('onstructim~ activities shall not occur v,'ithin Olio hu,,'ldred { lit()) feet of thc sca turtle nesting zone. defined by Collier County I.and Development Code Division 3.10, between May I - October sca turtle nesting season, without first submitling and obtaining FDEP and Collier County Conslmction m Sca Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staffone week prior to commencing work seaward of thc CSSi. anti shall agaiu contacl Slaff within one week fifilowing completion of work seaward of the CCSI.. Outdoor lighting associated with construction, or dcvclopmcnl within three hnndrcd (300) feet of ll~e high aide linc, shall be in compliance with D/vision 3.10 of the Collier County Land I)cvclopmcnt ('ode. I'clilioncr shall ulili/c only nalivc coasla] dune vcgclalJon fi~r all on.site landscaping ~yond thc 1974 ('oaslal ('onslmctton Control Linc. 12C Petitioner shall remove all exotic vegetation from II~e subjecl properly in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions lo Coastal construction Setback Line Variance CCSL-98-1 (including changes in siting and structures) may be approved, in writing, by Ihe Planning Sen'ices Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this ,,~<~ AWrEST: DWIGltT E. BROCK, Clerk ,. ............. . ..,~/,.; ;.. .. ) ~ "' · ',i~t na r~'nl~. ,:: /~,oved as to Fo~ 'n~egae :' ' . '.g~u~ciency:' .'" [ Assistant County Attome~ 6 Exhibit "A" 12C 6 / \ NapLes DaiLy News NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy Hews BOAR0 OF COUNTY COHMISSIONERS ATTN: NANCY SALOGU8 PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383236491 576741~2 NOT%CE 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 0alLy News, a daily newspaper pubLished at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas pubLSshed in said newspaper on dates Listed. Affiant further says that the said NapLes 0atLy 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 ~aiL eatter 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 coporatton any discount, rebate, commission or refund for the purpose of aecuring this advertisement for publication in the said newspaper. PUBLISHED ON: 04/12 AO SPACE: 59.000 INCH FILE0 ON: 04/13/98 NOTICE OF PUBLIC HEARING Notice Is hereby given that the 8oord of County Commissioners of Collier heC~ .r~, will hc~d a public orlng on TUESDAY, APRIL 28. 1998, in the Boordroom, 3rd Floor, ministration E~llding, Co- Ilar Co~Jntv Government Center, 3301 East Tom o- mi Troll, Noples, Florldo. The meeting will begin of 9:00 A.M. The Boord will ¢o~sider Petlflo~ CU-98-2, Klm Potrlck Kobza ESCluire, of Trelser, Ki:~zo & Vol. De, representing Gar- rodin Properties of Columbus, Inc,, request- lng. o Co~ndltfo~qol Use "4' of the Co4 zoning district for o used CDr lot for property Iocofed on Golden Gate Porkwov, east of $0th Street S.W. ond West of Troplca~o Boulevard, In Section 28, Township 49 South Ronge 26 East, Collie~ County, FIorldo, ¢onsl$. ting of 0.57 Dotes. Any person who de- cides to c~Peol o decl- sion of the Boord will need a record of the proceedings pertofning mov need to ensure thor o verboflm record of the Proceedings Is mocle, which record Includes the testimony ond avl. dance ~ which the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR NLAN DWIGHT E. BROCK, CLERK By:/si Judy Akel, i ~APri112 NO. 1176177 Signature of Affiant . Sworn to and Subscribed before me this / day of Personally known by me ./, ~, t: . '') 13A-1 MEMO COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION To: From: Date: Barbara Pedon~,~ Fred Reischl ~ April 17, 1998 Re: Request for Continuance The property owner requests that Petition CU-98-2 (Germain Automotive - Golden Gate) be continued from the Board of County Commissioners meeting of April 28, 1998 to the BCC meeting of May 12, 1998. Planning Services staff has no objection to this requost. Thanks. c: Ron Nino Bob Mulhere Connie Johnson Cecilia Martin Maureen Kenyon IliliillillllllillliillllillillllllllllllllllllillllllilHlllll I!i11111111111111111111111111111111111111111i!11111111111111111 PHONS'NO: (813) 774-8406 ?lB 03-16] 15=82 0(~ 01 ' ::~ I ~l~=~a TOTRL flPGS 46 Iec=~~I Time sent: ~J.'4o /~./'/. J March 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-98-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely~ / / Judy Akel, Deputy Clerk Account No. 113-138323-649110 13A 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 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 CU-98-2, Kim Patrick Kobza, Esquire, of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting a Conditional Use "4" of the C-4 zoning district for a used car lot for property located on Golden Gate Parkway, east of 50th Street S.W. and West of Tropicana Boulevard, in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of 0.57 acres. 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/Judy Akel, Deputy clerk (SEAL) March 16, 1998 Mr. Kim Patrick Kobza, Esquire Treiser, Kobza & Volpe 4001 Tamiami Trail North, Suite 330 Naples, FL 34103 Public Hearing to Consider Petition CU-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure March 16, 1998 Germain Properties of Columbus, Inc. 221 South High Street Columbus, OH 43215 Public Hearing to Consider Petition CU-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place thc following a.~ a: 1 XXX Normal Icgal Advcnisemcnt (Display Ad','.. location, crc.) [] Other: Originating Dcpl/Dis': Comm. Dev. Scrv./Planning J./,~ . ~ ~ Petition No. (Ir none. give brief description): CU-98-2 Petitioner: (Name & Address): Ocrmain Proocrtics 9f Columbus, Inc., 221South High Street, Columbus, OH 43215 Name &Addrcss of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. Kim Patrick K0bza, Esquire, Tr¢iser, Kgbza & Volpe, 4001 Tamiami Trail Noah, Suite 330, Naples, FL 34103 Hearing before BCC Requcslcd Hearing date: Newspaper(s) 1o be used: XXX BZA Other (Complcte only ir important): Based on advertisement appearing 15 days before hcanng. XXX Naplcs Daily Ncws Other [] Lcgally Rcquircd Proposed Text: (lncludc Icgal description & common location & Size: Petition No. CU-98-2, Klm Patrick Kobza, Esquire, of Treiscr, Kobza & Volpe, representing Germain Properties or Columbus, Inc., requesting a Conditional Usc "4" of the C4 zoning d.i~;trict for a used ear 10t for property local¢d on Golden Gate Parkway, east orS0m Street S.W. and West of Tropieana Boulevard, in $~tion 28, Township 49 $0ulh, Range 26 East. Collier CounB', Florida, consisting of 0.57 acres. Companion petition(s), irany & proposed hearing date: Does Petition Fcc include advertising cosl? ~)f'~s [] No If Yes. what account should be charged for advertising costs: 113-138323-6491 l0 Reviewed by: Approved by: Division Head Date Count)' Manager Date Lisl Altachmcnls: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one co.,,' and obtain Division Head approval before submitting to Count)))' Manager. Note: If legal document is involved, be sure that an)' necessa~' legal review, or request for same, is submitted to County Attornev before submitting tc 2ountv Manager. The Managc~"s office will distribute cop~es: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to apprc.,rc and submit original to Clerk's Office, retaining a cop.',' for file. FOR CLERK'S OFFICE USEONLY: Date Recei,'cd:~///~/~'a° Date of Public hearing: ;/95/q ~ Date Advertised: I ' 13a 1 RESOLUTION 9~- A F, ESC'LUTIOI; F.:.O",'iCiNG FOR THE ESTABLISHMENT 'F .r.. I~'SED CAP :.5T '7OIID:TIOIIAL USE ".;" i:.; THE '-4 -~, r .... .-',o,;-.. PURSUAXT 79 SECTiCN ~.2.15.30~ THE CSLLiER CCUNT':' LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ouC~.ON ~, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, ELORiEA. WHEREAS, %he Legislature of the State cf Florida in Chapter 67-1246, Laws cf Florida, and Chapter !25, 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 cf the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code 'Ordinance No. 91-102) which includes a Comprehensive /onlng Ordinance establishing regulations for ~he zoning cf particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, ~he Collier County Planning Commission, being the duly appointed and ucnstituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisaDiltt>, cf Conditional Use "4" of Section 2.2.15.3 in a C-4 zone for a used rat lot on the property hereinafter described, and has found as a ma~ter cf fact ~Exhitlt "A") that satisfactory provision and arrangement have teen mace concerning ail applicable matters required by said regu!a~ions and in accordance with Subsectlcn 2.7.4.4 of the Land Development C~de for the Collier County Planning Ccmm!ssion; and WHEREAS, ail intereste~ parties have been given opportunity to be heard by ~his Board ~n a pubii£ meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE iT RESCL'.'ED, BY THE ~CARD OF 2$NIXG APPEALS cf Collier Taunt%', ?!or,da [hat: -i- The petition f±led b7 k±m Patrick Kobza, Esquire of Tre±~er, Kobza ~ Volpe, representln? Germain Properties of Co!umous, inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "4" of Section 2.2.15.3 of the C-4 zoning district for a used car lot in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Loading and unloading of auto transports shall be limited to the hours of 8:00 AM until 8:00 PM. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. 3o An Exotic Vegetation Removal and Monitoring Plan for the site shall be submitted to the Plannin~ Services Director for review and approval, prior to Site Development Plan approval. Lighting shall conform to Division 2.8 of the Land Development Code. 5. The buffer along Golden Gate Parkway shall be twenty feet in width, including a five foot wide sidewalk. BE iT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: M. Student Assistant County Attorney f/CU- 98-2 P£$OLUT: Oil -2- FINDING OF FACT BY COLLIER COUNTY PLANNING 2OMMISSiON FOR A CCNDITIONAL USE PETITION FOR CU-98-2 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditlonai use. 2. Granting the conditimnal use will not adversely affest the public interest and will not adversely affect other property or uses in the same district or neighborhood because cf: A. Consistency with the Land Development ~d~ and Growth Management Plan: -~ - Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress ' Yes No C. Affects neighboring properties in relat~ . ~cn to noise, glare, economic or odor effects: .... No affect or Affect mitigated by Affect c~nnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FIHDING OF FACT CU-98-2 LEGAL DESCRIPTION Lots 3, 4, 5, and 6, Block 248, Golden Gate Unit 7, as recorded in Plat Book 5, Pages 135-146 of the Public Records of Collier County, Florida. EXHIBIT "B" · 13A 1 EXHIBIT "C" -3A RESOLUTION 98- 135 A RESOLUTION PROVIDING FOR THE ESTABLISH'4ENT OF A USED CAR LOT CONDITIONAL USE "4" IN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter I25, 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 theleto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Compreher~sive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15.3 in a C-4 zone for a used car lot on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Kim Patrick Kobza, Esquire of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein -1- be and the same is hereby approved for Conditional Use "4" of Section 2.2.1§.3 of the C-4 zoning district for a used car lot in accordance with the Conceptual Naster Plan?(Exhibit "C") and subject to the following conditions: 1. The Petitioner voluntarily agrees that if the subject property is sold, or if the facility is operated or managed by an entity other than Germain Properties of Columbus, Inc., this Conditional Use shall expire. 2. Outdoor loudspeakers are prohibited. 3. Pickup and delivery of automobiles by auto transport is prohibited. 4. Fencing is prohibited. 5. The display of automobiles in the landscape buffer is prohibited. 6. The existing building shall be renovated and shall comply with Division 2.8 of the Land Development Code. 7. Lighting shall comply with Division 2.8 of the Land Development Code and shall be shielded from rights-of- way and adjacent properties. 8. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. 9. An Exotic Vegetation Removal and Monitoring Plan for the site shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 10. The buffer along Golden Gate Parkway shall be twenty feet in width, including a five foot wide sidewalk. 11. A ~'right turn only" sig~'~shall be installed at the project's driveway intersection with Golden Gate Parkway prior to the issuance of a Certificate of Occupancy. 12. Building windows shall not be marked, painted or used for advertisement purposes. 13. Mature landscaping as depicted by exhibits presented during the public hearing shall be planted on-site prior to the issuance of a Certificate of Occupancy. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 1 -2- This Resolution adopted after motion, second and majority vote. Done this /j day of ~./F~,.~.~. , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA .ATTEST: DWIGHT E.. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj~ie M. Student Assistant County Attorney BY: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-2 The following facts are found: Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes L-/ No B. 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 f{re or catastrophe: Adequate ingr~s~ & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __J_~o affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use within district Yes C/No Based on the above findings, this conditional use should, with stipulations, (copy attached) be reco~L,,,~ended for approvals// /~ . ~ f/FINDIN~ OF FACT CHAIRMAN/ EXHIBIT CU-98-2 LEGAL DESCRIPTION Lots 3, 4, $, and 6, Block 248, Golden Gato Unit 7, as recorded in Plat Book 5, Pages 13§-140 of tho Public Records of Collior County, Florida. EXHIBIT "B" II I I [ [[ I I [ [ [ 11 Ill IllIl [ I1[1[ I [ I .......... 1 EXHIBIT "C" NapLes OatLy News Naples, FL 33940 Affidavit of PubLtcattcxq NapLes DaiLy News BOARD OF COUNTY COHHZSSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-]016 REFERENCE: 001230 800551 57680?69 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 OatLy 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 aatl 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 col)oration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication tn the said newspaper. PUBLISHED ON: 04/26 AD SPACE: 64.000 INCH FILED ON: 04/27/98 Signature of Affiant Sworn to and Subscribed before me this,.~t eersonatly known by me I - NOTICE OF · .. PUB. LIC NEARING aO~lCe Is hereby given that the Boord of ' C ornmlssJoners of Coflier ~eC~o .n~, will bOCCI 0 I::~bltc ring on TUESDAY, ~ In the rnlnlstroflon Building, ~-emer, 3301 Eost Tomlo. mi Trail, Nobles, Plorldo. The meeting will-begin at 9:.00 .A./v[. The Boord will com~.~ Pefftlon wrG~.. K. W son of Porte% Ight, Morris & Arthur r..eoreseatlng N~rgoret H' uuprey, requesting aller..the.foct $ foot vorl- once from the required 30 [.oat. Sl~. YUrU seroock fo z~ rea rot Dro~erh, Iocat. .ed.6461 Sondolwood Lone. further described os Unh~ 3_$,.TFocf 1.00, Golden C. ote estates, In Section 7, TownshlD 49 South, ~:m Book 7, Poge 85, of All. Interested I~'-ties re, Islet. to. ~ ond to · uomlt their Ot~ecflo~s. If ~v?_ln .wr.l~n~, to the ?~or.o prIor to the Public TO_ C~eC~ O C~'clsic~ of Boord will r~ O re- Fe~r~lln lng t~ere~'o, orld therefore, rno¥ need to ensure thor o verboflm .record of the ~roceedle.~ BOARD OF COUNTY MLMISSlONERs LLIER COUNTY~ FLORIOA BARBARA B. BERRY, CHAIRMAN DWIGHT I= a CLERK -. No. !~84273 I 13A 2 :.$:r'.A:..:'.:. Judith A. Flanigan ~,:' '*..; L~ I.:IMMI~,~;ION # C0508787 [ XPIRFS A--2 .~ OF PAGES ~..~? _ (including this cover) !!1111111111111111111111111111111111111111111111111111111111111 TO: LOCATION: NAPLES DAILY NEWS COMMENTS: 263-4864 i111111111111111111111111111111111111111111'i!!11111111111111111 FROM: LOCATION: ELLIE HOFFMAN - MINUTES & RECORDS Collier County Courthouse FAX NO: (813) 774-8408 Pi[ONE 'NO: (813) 774-8406 0688~I¢ 13A 2 March 26, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition V-98-2 Dear Judy: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved this office. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, May 12, 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-98-2, Gary K. Wilson of Porter, Wright, Morris & Arthur, representing Margaret H. Duprey, requesting an after-the-fact 5 foot variance from the required 30 foot side yard setback to 25 feet for property located 646i Sandalwood Lane, further described as Unit 35, Tract 100, Golden Gate Estates, in Section 7, Township 49 South, Range 26 East, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) 13A March 26, 1998 Ms. Margaret H. Dupree, Trustee 6461 Sandalwood Lane Naples, FL 34109 Re: Notice of Public Hearing to consider V-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure cc: Gary K. Wilson 13A 2 March 26, 1998 Mr. Gary K. Wilson Porter, Wright, Morris & Arthur 4501 Tamiami Trail North Suite 400 Naples, FL 34103 Re: Notice of Public Hearing to consider V-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, DeDuty Clerk Enclosure cc: Margaret H. Dupree, Trustee COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv.. location, crc.) 13A Originating Dcptt Div: Comm. Dcv. Serv./Planning Person: / 'V / 5~/~" ~ Dale: '~'~,, .' ~;,/ ? ff Petition No. (If none. give brief description): V-9g-2 Petitioner: (Nmne 8. Address): Marga.ret ti. Duprcc, Tmslcc, 6461 sa..ndalwood Lane, Naples, FL 34109 Name & Address of any person(s) Io be notified by' Clerk's Office: (If more space is needed, aunch separate sheet) Gary K. WiLson. pqrter, Wrighl. Morri.'} & Arfimr, 450 I.. Ta_miami Trail Norlh, Suile 400, Naple~, FL 34103 Hc. aring before Bce XXX BZA OHmr Requested Hear,,gdat¢:.-'-"'~;! ,"2_-IqS _ Based on advcrliscmcnt appeanng/~'5~davs before i]earing Newspaper(s) lo be used: (Complete only if important): XXX Naples Daily Ncv,'s Other [] Lcgalb Required Proposed Text: (include legal description & common location & Size: Petition No. V-98-2, Gary K. Wilson of Porter, Wright, Morris & Arlhur, representing Margaret H. Dupre~', rcoucsfinK an after-thc-fact 5 foot variance from Ibc required 30 fool side yard ~!back to 25 feet for pr0penv located at 6461 Sandalwood Lane, further described as Unit 35, Tract I00, Golden Gate Estates, $oelion 7, Township 49 S0ulb, Rnnge 26 Ensl, Collier County, Florida. Companion pelition(s), if any & proposed hearing date: Does Petition Fee include advcrlising cost? [~cs [] No 113-1383234~491 l0 Rc,. e,,.cd b:.: P. ":, c 0..55 Division Head Date List Altacbmcnls: if Yes. what account should be charged for advcrlising co.qs: Approved by: Counp,.' Manager Date DISTRIBUTION INSTRUCTIONS 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 sure that any necessan.' legal res'les', 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's Office [] Requesting Division [] Origin:fi B. Other bearings: 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:~./~?/¢X' Date of Public hearing: ~"A~/?..,~ DateAdvenised: RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-2, FOR A VARIANCE O~ PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred cn all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant ~hereto has adopted a Land Development Code (Ordinance No. 91-102] which establishes regulations for the zoning of particular geographic divisions cf 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-foot after-the-fact variance from the required 30 foot side yard setback to 25 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE tT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-2 filed by Gary K. Wilson of Porter, Wright, Morris & Arthur, representing Margaret H. Duprey, with respect to the property hereinafter described as: The East 180 feet of Tract 1.20 and the West 150 feet of Tract 100, Golden Gate Estates, Unit ~ as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, be and the same hereby is approved for a 5-foot after-the-fact variance from the required 30 foot side yard setbacP to 25 feet as shown on the -1- l A-2 , attacked pioc plan, Exhibit "A", of the "E" Estates zoning distri¢: wherein said property is located, subject to the following cond£t:ons: T~e variance is oniy for the encroachment depicted on the attached site plan. ~ IT R~SOLVED that this Resolution reiating to Petition Number V-~$-~ be recorded in the minutes of this Board. This ResoIution adopted afte~ mo~ion, second and majority vote. D~ne this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: zar](~r:e M. Student Assistant County Attorney -2- EXHIBIT "A" 0 FEB .. $}A 2, RESOLUTION NO. 98- 136 RELAT[.HG TO PETITION NUMBER V-98-2, FOR A VARIAHCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which Js 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-foot after-the-fact variance from the required 30 foot side yard setback to 25 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said I~and Development CoJe for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meetinq assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-2 filed by Gary K. Wilson of Porter, Wright, Morris & Arthur, representing Margaret H. Duprey, with respect to the property hereinafter described as: The East 180 feet of Tract 100 and the West 150 feet of Tract 100, Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, be and the same hereby is approved for a 5-foot after-the-fact variance from the required 30 foot side yard setback to 25 feet as shown on the -1- attached plot plan, Exhibit "A", of the "E" Estates zoning district wherein said property is located, subject to the following conditions: 1. The variance is only for the encroachment depicted on the attached site plan. 2. If the subject structure with the 5 foot encroachment is completely removed or demolished by any means, the 5 foot variance will become null and void. BE IT RESOLVED that this Resolution relating to Petition Number V-98-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this //2 ATTEST: DWIGHT E. BROCK, Clerk slgn~ur~ onl;. day of ///~ , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA .... B E]~%R Y, ~ha i~n Approved as to Form and Legal Sufficiency: Marjd~ie M. Student Assistant County Attorney f/ v-98-2 -2- .......................................... [ ...... I ............... Ill III[ f .... I Ill" iT- ..... [ i SSA 2,'; I I d EXHIBIT "A" Affidavit of Publication Naples Daily News BOARD OF COUNTY COMHISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57681756 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 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 coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/26 NOTICE Of: PUBLIC HEARING Nmlce I~ hereby given _th<:d ~.e Boord of County L.o~mlss~-~rs of Co~ let County will hold a public h~orln,~l on TUESDAY, AAAY 1:2, 199~, In th~ Boordrooe"n, 3rd F' o~", Ad- ..mlnlstroflo~ Building, Col. ,er Courtly Govm'nrnent Cartier, 3301 Eost mi Troll, N.'J~es, Florldo. The meeting will begin at 9:0~ A.M. The Ba~rd will ¢o~slder Pefiflorl A.91-1, Mr. & /V~rs. John Forofzl$, re. questing an o~oeol of the Collies' County Planning Commission's am~ovol of Petition BD.91.1 off Morch .aa o~ Lot 10, Sou~x~t ~ove, Bonito Sm'Ir, as. All. Intere~tecl pottles ore mnvifed fo offend, to register to ~oeok and to submit their obtectloas. If ~ In writing, to d Orlor to the ~ubllc heorlng. Any Person who decld. es to opgeal o decislo~ of the Boord will need o re- mere~orex .may need to ensure ~ o Yetlx~m Is made, which record B°~IARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA BARBARA B, BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/$/EIIle Hoffrno~, LSE~clerk rll 26, No. AD SPACE: 56.000 INCH FILED ON: 04/27/98 Signature of Affiant Sworn to and Subscribed before me this .~'~'~' Personally known by me / 13A 3 To: CLerk to the Boan~: ¢o{~ler Co,.n~y, Fto~ic~ P[eat~e place the fo[touing a~ a: Petitt~ ~o. (If ~, g~ ~ief ~rtpti~): A - ~ ~ - l PetJtt~r: (~ i ~?~S): ~r. & Mrs. John Faratzis 82 Southport Cove or --- 63 Middlesex Drive Bonita Springs, Fla.34134 Slingerlands NY'' 12159 .e~e ~ Address of any I~e?s~,~(s) :: =,e ~otified by Cterk's Office: ' (If ~.-e space ?~,~::led, at:~ s~ ate Sh~t) Heari~ ~fore: ~,~ ~ ~~ Other Pr~ Text: (l~t~ t~[ ~ipti~: c~ [~ati~ L size):A-98-1 Mr. & Mrs. John Faratzis reouestinq an appeal of the Collier County Planning Commission's approval of Petition BD-98-1 on Hatch 5, 1998, for property located on Lot 10, Southport Cove, Bonita Springs. Coq:~ion petition(s), if a,~y, L ~.-~,~ed hearing date: Does Petition Fee IncLtx:~e A~-~tising Cost? Yes /~ Mo fl · If ~, ~mt Kc~t sh~Ld ~ char~ ~or ~,rcts~ costs: 113-L35312-649100 P.O.~ Oivisi~ He~ '. Date ~ ' ; ~ C~ ~. Date List Att~ts:(1) ~(2)~ .(3) A. For hea~i~s ~f~ ~ ~ ~: InftiatJ~ ~rs~ to c~lete ~ c~ ~ ~tain Oivisim Ne~ a~ ~f~e ~itti~ to ~ ~. ~: If (~a~ ~t ts i~[v~ ~ ~e that ~ ~ l~al r~i~, ~ r~t fo~ s~ ts ~ to C~ Atto~ ~fore mitti~ to C~ ~,. The ~r~s Office dfstrl~e c~i~: ~ C~ N~ m file; ~ R~t{~ Oivisi~; / x ~JgJ~[ to C[~'s Office ~ OF PAGEs ~ (including this cover) A !!i111111111111111111111111111111111111111111111111111111111111 '2O'- LOCATION: NAPLES DAIL! NEWS FAX NO.: COH2'~NTS: 263-4864 Re: !i11111111111111111111111111111111111111111'i!111111111111111111 FROM: ~ELLIE HOFFMAN - MINUTES & RECORDS L LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PIIONE 'NO: (813) 774-8406 068C~~8A14 March 31, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition A-98-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 26, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800551 13A 3 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, MAY 12, 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 A-98-1, Mr. & Mrs. John Faratzis, requesting an appeal of the Collier County Planning Commission's approval of Petition BD-98-1 on March 5, 1998, for property located on Lot 10, Southport Cove, Bonita Springs. 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 Bo BERRY, CHAIRMAN DWIGHT Eo BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) March 31, 1998 Mr. & Mrs. John Faratzis 82 Southport Cove Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition A-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure March 31, 1998 Mr. & Mrs. John Faratzis 63 Middlesex Drive Slingerlands, NY 12159 Re: Notice of Public Hearing to consider Petition A-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 12, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 26, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 3un iO '9,3 16A! 2802 N. HORSESHOE DR NAPLE~ FL 34104 PHONE # 94t~03-2350 FAX WI 941-403-2386 n Ple3s· C~mm·nt Reply [] ~ease Recycle · Cerement=: I ./) 3un 10 '98 7:17 F'.r.~O~ 3un 10 '98 7:17 A RESOLUTION OF TEE BOAKD OF COUNT~ COMMISSIONERS 7ROVZDINO ?0~ ARg£ggMENT OF LIEN, FOR T}{E COST OF T~E A~ATEMENT OF PUBbIC NUISANCE, IN ACCORDANCE WITH ORDXNANCE 91-47. '; '.~EREAS, as provided ill Ofdlllan¢~ 91-47, the dir=:t ~os%s of abatement o~ certain nulaanc~u, includin~ pr~u~ib~d admini~trative CO~t incurred by the County, shill be assessed against such property; W~E~EA8, %he cos= ~her%o~ ~o the county as =o =a=h parcel nhall be ~alculat.d and reported to the Board of County Commissioner~, together with a demcription of maid pa~; and ' WH~, ~uch a~e~0ment ah.l! be ·legel, valid mad bind&ug ~tEREAS, the asmesamen= shall become due and payable thirty (30) days after the mailxng o[ Notice O~ ASSeSSment a~ter which interest ~hal! accrue at a rate of twelve percen~ (12.0%) per annum on any unpaid NOW, %7{EREFORE, BE IT RESOLVED S¥ T~ BOARD OF COL~ follows, and having been aba~ed of a p,,b]~c nuisance after due and ~roper notice thereof to th~ o~r of maid property, ts h.r~by a.messed 1232 Woo~ridge Ave. Naplem Mano= ADD BLX 12, hot 35 245,00 G2101400000 ?0609-009 The Clerk of thm goard mhall mai]. a notice of assessment of lien ~to the owner or owners of the above described proper~y, and ff such o~ fails to p&y ~UCh aawemmment within thirty (30) daym hereo~, a iccrti~ied copy uf this Resolution eh&l; Be recorded in the o~£i¢ial record, of Collier County, to uon~titute a lien aoainat ~uch property according to law, unless ,uch direction is stayed by thi~ ~oard upon BOARD OF COUI~TY CO~ISSION~RS COLLZER CO[~NTY. FfX)RIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A-1 Curran, Eileen 1232 Woodridge Ave. Naples, FL 34103 REFERENCE 70609-009 #62101400000 LEGAL DESCRIPTION: Naples Manor ADD BLK 12, LOT 36 DATE: March 9, 1998 LIEN NUMBER: You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/09/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/~2/9b and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a Lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, NapLes, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16A 1 RESOLUTION NO. 98- ~20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN~gCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Curran, Eileen 1232 Woodridge Ave. Naples, FL 34103 Naples Manor ADD BLK 12, Lot 36 $ 245.00 REFERENCE: 62101400000 70609-009 The Clerk of the Board shall mail a notice of assessment of lien. to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: ~GH7~''~.'. BROCK, CLERK % ~D LEGAL SUFFICIENCY: ~O~ DAV'ID' WEIGEL.. , - CO~.,ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~RA-B. ~ERR-Y~ C~ CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: March 9, 1998 Sylvia S. Miller 1301 Delaware Ave SW #N-622 Washington, DC 20024 REFERENCE 70729-063 #57654880001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22 Block 191 of Marco Beach Unit SEVEN a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 55-62, of Public Records of Collier County, Florida to wit. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/29/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/12/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16A 2 RESOLUTION NO. 98- 121 A RESOLUTION OF THE BOARD OF COb~TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME__: LEGAL DESCRIPTION: COST Sylvia S. Miller 1301 Delaware Ave SW #N-622 Washington, DC 20024 REFERENCE: 57654880001 70729-063 Lot 22 Block 191 of Marco $ 245.00 Beach Unit SEVEN a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 55-62, of Public Records of Collier County, Florida to wit. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution~dopted after motion, second and majority vote. DATED:/~/y'/.,~ ///?" ATTEST: BOARD OF COUNTY COMMISSIONERS E)W,,t'Gf[T. E. BROCK, "'CLERK /,~PPROVED AS TO"FORM AND LEGAL. SUFF&CIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/98 COLLIER COUNTY, FLORIDA BY:~ 2332718 OR' 2430 ?G: 1181 .:,~¢ORI)I~D in OFFICIAl. ~ORD~ of BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Pukay, Boris & Emogene L 41 E. Main St. Mystic, CT 06355 DATE: March 9, 1998 REFERENCE 70902-044 #57310240008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 152, A REPLAT OF A PORTION of Marco Beach Unit Five, a subdivision according to the Plat thereof recorded in Plat Book 6A, page 23A of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/22/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/]2/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 · 1GA 3 RESOLUTION NO. 98- 122 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DES~RIPTION~ COST Pukay, Boris & Emogene L Lot 27, Block 152, A REPLAT $ 245.00 41 E. Main St. OF A PROTION of Marco Beach Unit Mystic, CT 06355 Five, a subdivision according to the Plat thereof recorded in Plat Book 6A, page 23A of the Public Records of Collier County, Florida. REFERENCE: 57310240008 70902-044 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a llen against such property according to law, unless such direction is stayed by this Board upcn appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: D~GHT S. BROCK, CLERK ANU LEGA6. SU~F}~k~e: only. WE OE 'COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2332719 OR: 2430 PG: 1183 ~etn~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Campelo, Thales Selorenzi & Patricia Campelo 11206 Harbour Springs Cir Boca Raton, FL 33428 DATE: March 9, 1998 REFERENCE 70904-042 #57872480005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block 348 of Marco Beach Unit 10, a Subdivision according to the Plat thereof recorded in Plat Book 6, Pages 74-79, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/09/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/12/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Boarcl of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioner3, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- ~23 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue a~ a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Campelo, Thales Selorenzi Lot 22, Block 348 of Marco $ 245.00 & Patricia Campelo Beach Unit 10, a Subdivision 11206 Harbour Springs Cir according to the Plat Book6, Pages 74-79, Boca Raton, FL 33428 of the Public Records of Collier County, Florida. REFERENCE: 57872480005 70904-042 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Il' ' o.~l~. " OVED To AND,LEGALSUFFICIENCY: ~¥LD~ViD~i~EL-,~..,~ ',' COUNTY ATTOR.NEY., CSce 11 - 1/98 2332720 OR: 2430 PG: 1!85 RICORDID 1~ OL~i~lal, RICORI~ cf CO~LI~R COU~CTT, C~I TO t~l BOA~ I~T~ROHIC~ ITH ~LOOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A H N H Ventures 4930 12~ Ave. SW Naples, FL 34116 DATE: March 13, 1998 REFERENCE 70924-023 #36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No. 6 according to the Plat thereof as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/24/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/12/98 and shall become a lien on the property thirty (30) days after such assessmemt. You may request a hearing before the Board of County Commissioners to show cause, if any, why the e×penses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOAR0 OF COUNTY COMMISSIONERS CSce 9- 1/93 0 (Dc) :,4- t6A RESOLUTION NO. 98. 124 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid 8nd binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: LEGAL DESCRIPTION: COST H N H Ventures 4930 12th Ave. SW Naples, FL 34116 REFERENCE: 36325040007 70924-023 Lot 4, Block 226, GOLDEN GATE, $ 245.00 Unit No. 6 according to the Plat thereof, as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST ': :: · 'APPROVED AS TO, FORM ~, LEGALSUFFICIENCY CO~TY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2332721 OR'. 2430 PG', 1187 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 6 Skiffey, Maurice R & Karen C 8093 Glen Oaks Dr. NE Warren, OH 44484 DATE: March 13, 1998 REFERENCE 71002-041 #57733440003 LEGAL DESCRIPTION: LIEN NUMBER: Lot number 12, Block 276, Marco Beach Unit #8 according to the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/09/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/12/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why ~he expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 125 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; .and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Skiffey, Maurice R & Karen C 8093 Glen Oaks Dr. NE Warren, OH 44484 REFERENC_E: 57733440003 71002-041 Lot number 12, Block 276, Marco $ 245.00 Beach Unit #8 according to the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST ' DWIGHT. E. BR6CK, CLERK ~m~OVED AS ~~ 0.~. ~ LEGAL SUFFICIENCY~ CO~TY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2332722 OR'. 2430 PG: 1i89 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lloyd G Sheehan TR 2626 Tamiami TRL E #7 Naples, FL 34112 DATE: April 21, 1998 REFERENCE 80105-067 #62099080008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 10, NAPLES MANOR ADDITION, according to this Plat thereof recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/6/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upcn you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Elorida, have been assessed against the above property on 5/]2/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (3:3) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16A ? RESOLUTION NO. 98- ]26 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such propertT; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LE AL DE RIPT ON: COST Lloyd G Sheehan TR 2626 Tamiami TRL E # 7 Naples, FL 34112 REFERENCE: 62099080008 80105-067 Lot 10, Block 10, NAPLES $ 290.00 MANOR ADDITION, according to this Plat thereof recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E,..BROCK, CLERK COUNTY,A~TORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2332723 OR: 2430 PG: 1!91 RRCO~C~ED in ~F~iCIA:, ~.~COR~S of COI, I,I~R COIJN'/Y, Fi COPIES 2,20 /ZT 724C i i IIIII I III IIIIIIIIIIIII IIII I I I IIIIIIIIII 2802 N HORSESHOE DP,, N, aJ=1.E$, FL 34152 (941~>43.~_~ PH (~ 1 ~3-83~ FAX I Illlllll IIII Ma~ ~8 '98 15:5~ P. OI/OS 16A8 P~ [] Urgent [] Fo~ Review n Ples~ Comment [:] Please Reply I-1 please Recycle q ~ · CommefTt~ Mag 28 P. OS/OS 16A8 ,',McCULLOUGH CON,~TRUCTION, lNG. 2338 IMM~)KALE£ RO~D SUITE 137 HAPLES. FL ~4110 Board of county Commissioners PAY TO THE OROER OF G~JLF COAST NA'rlO~AL IIJkNK ,-. NAP',.G$. Ft. 83-1412~S/'0 &269 _$**- ..... -29o oo Two,Hundred Ninety and 00/100~'-'-'-'===~''''***********''*''***'':==:** .... **'*****"'*~**~'*"*** ,. Board of CountY Co~nmissioners , ~*Code*Enforcement , 2800 N. Horshoo Drive Naples, FI, 34104 . ~-'0 r:, ?0 ],L, ~, ~ oOLL. a, RS ~O0 ~OOOkE~ SECURITY r£ATUnES IHCLUC'ED. DETAILe' OH ~J~,K G II I IIIIIIIII IIII II IIII I III I III I IIIIII 15 :SS P. OS/OS 16A8 ' DATZ: April 21, 199g Richard F Ha Cullough 255 CocohltChle Dr. N&ples, FL 34110 RKFERENCZ 80116-015 ~772622g0002 LIEN NUMBC~: LEGAL DESCRIPTION: , Lots 42, & 43, Block 2, T:l£1 Acres, Unit No. 2, in accordance with ; and subject to t~e pl&t recorded in Plat Book 4, page 62,'1~ub1£o Rt¢o=dI o£ Collle= County, Wlo=lda. You, as the owner of the property above described, as recorded in the £eco~ds maintained by the o~(lco of the P~ope:ty Appraiser, are hereby advised that the Compliance Service~ Manager, did on 1/16/9g, order the abatement Of a certain nuisance existing on the above property prohibited by Ordinance 91-47, &erring notice thereof upon you, such nuisance b,ing: excels of 1~" in blight ~n a I%LbdiviIiOn othe~ ~han Golden Glte You.~alled to abate such nuisance; whereupon, iC was abated by the expenditure of public funds at a direct co$% o~ $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, Dy Resolution of the Board of County Commissionezs o~ Collier County, Florida, have be~n assessed against the above property on 5/12/9~ and shall become a lien on the property thirty (30) days aftcr ~uch assessment. You!may request a hearing before the Board of County Commissioners ~¢ show cause, if any, w~y the expenses and charggs incurred by the County under thio Ordinance are unwarranted or e~cessive or why such expenses should not constitute a lien against ~he property. Such =mgGes~ fo~ hea~ing must be made ~o the Clerk of the Board of County Co=issioners, Government Cen~er, Naples, Florida 341~2 in writing wlthia thirty (39) dayB from the date o~ this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONER5 CSce 9- ~/9~ P. 04 ~ 05 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF L~EN, FOR THE COST OF THE ABATEMENT OF PUBLIC ~a;ISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrgtive co~t incurred by the County, shall be assessed against such property; and W14EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioness, together with a description of said parcel; and h~H£RD~, such asmessment mhall be a legal, valid and binding o~ligation upon the property against which made until paid; and WIIEREAS, the as0es0ment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESObV]~D BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and havin~ been abated of a public nuisance a~er due and proper notice thereof to the owner of said property, is hereby assessed the following costa of such abatement, to wit: HAMEi, . ~EOA~ DEgCRI~TIO~I. COST Richard P Mc Cullough 255 Cocohatchee Dr. Naplas, FL 34110 Lots 42, & %3, Block 2, Trail $ 290.00 Acres, Unit No. 2, in &ocordmnce with Book %, ~ags 62, Publ£c Records of Collier County, Florida. ~u~L~_~I 77262280(;02 80116-015 The Clerk of the Board shall mall a notice of assessment o~ lien to the owner or owners of the above described property, and if such owner fails to pay ~uch assessment within thirty {30) days hereof, a certified copy o~ this Resolution shall be recorded in the official records of Collier County, to constitute a lien a~ainst such property according to law, unless such direction is stayed by this Board uFon appeal o~ the &sssssment o~ tho owner. This Resolution adopted after motion, second and majority vote. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , ,,,,, , ,mlmt II II IIIII I - ' I III ........ lie III I I IIIIIIIIIII Mag 28 'g8 15:54 P.O:'/OE, 16~8 Official Receipt - Collier CoUnty Board of County Commissioners CDPR1103 - Official Receipt ;1;'rahs Number I Date I Post Date I Pa~_ment Slip Nbr 76246 5/28/98 2:04:05 PM 1 5~28~98 SA 37274 RICHARD F. MC CULLOUGH 255 COCOHATCHEE DR., ~NAPLE$ Payor: MCCULLOIJGH CO,'NSTRUCTION Fee Code Description ', 40LMNR I'OT MOw..CEEAR.-PRINC Fee Information Accourtt '! 3891434390800000 Total ... Amount Waived $290.00 ~290.00 Payments Payment Code I AccouhtJCheck Number Amount CHECK 4289 $290.00 j Memo: FOLIO #77262260002 LOT CLEARING. resolution 98-127, cld/.42~9 . - $ 290.00 Total Cash $0.00 Total Non-Cash $290.00 Tolal Paid j $290.00. Cashier/location: GARRETT_S / 1 User: ARLOTTA_K Collier County Board of County Commissioners CD-P/US for Windows 95/NT Printed:5/28/g8 2:04:34 PM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN i6A 8, Richard F Mc Cullough 255 Cocohatchee Dr. Naples, FL 34110 DATE: April 21, 1998 REFEP. ENCE 80116-015 #77262280002 LEGAL DESCRIPTION: LIEN NUMBER: Lots 42, & 43, Block 2, Trail Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/16/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/12/9g and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners te show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16A 8 RESOLUTION NO. 98- 127 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Richard F Mc Cullough 255 Cocohatchee Dr. Naples, FL 34110 Lots 42, & 43, Block 2, Trail $ 290.00 Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier C6unty, Florida. REFERENCE: 77262280002 80116-015 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: owIG E. BROCk, CLER i[.;'~D LEGAL, SUFFICIENCY: ~5~VZ'5 '~EiGE~' .. - CO~W ' RTT0~EY CSce 11 - l/D8 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 9 i DATE: April 21, 1998 Bruce T & Elsye K Whitmer 420 Griffith Ave. Owensboro, KY 42301 REFERENCE 80116-018 #62256160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/16/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisamce; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/~2/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 9 RESOLUTION NO. 98- ~28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA/4E~ LEOAL DESCRIPTION: COST Bruce T & Elsye K W"nitmer 420 Griffith Ave. Lot 27, Block 7, Naples Manor $ 245.00 Owensboro, KY 42301 Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. REFERENCE: 62256160004 80116-018 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK :APPROVED AS ~ 1F~RM 0O ~. ~LEGAL SUFFICIENCY: DAVID WEIGEL CO~TY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2332724 OR: 2430 PG: 1193 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A1 0 Maurice C Rix PO Box 853 Cedar Key, FL 32625 REFERENCE 80205-004 LEGAL DESCRIPTION: DATE: April 21, 1998 #62203520008 LIEN NUMBER: Lot 16, Block 5, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in Plat Book 3, Page 101 in the Public Records of Collier County, Florida. You, as the owner'of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 2/5/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on 5/J2/98 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- ~29 i6A1 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Maurice C Rix PO Box 853 Cedar Key, FL REFERENCe: 62203520008 32625 80205-004 Lot 16, Block 5, NAPLES $ 245.00 M3%NOR EXTENSION, according to the plat thereof, recorded in Plat Book 3, Page 101 in the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thi~ Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT .E,.. %.R.0CK, CLERK .~, LEGAL SUF~,~'~ } 3. CO~Y' ~!TORNE~ CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARB'~ B, B-IE'RRY, "~HAI~AN 2332725 OR: 2430 PO: 1195 06/15/98 at 0g:25AM DwIGhT i. ~ROCK. CLSRK Recn: CL~RK TO T~ BOARD ~XT 7~0 Ill'.----. .............. II ................................. 1 I TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY TIllS AGREEMENT made and entered into this/~ day of /~./.f//? ,199@ by and between the DISTRICT SCltOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board of County Commissioners of Collier County, Florida, (Agency). WilEREAS, Chapter 234 of the Florida Statutes authorizes local school districts to enter into agreements with organizations for the use of school buses belonging to the school district, and WIIEREAS, the Agency desires to utilize the school buses of the school district, and WHEREAS, Section 234.211(1)(a), Fla. Stat., provides that each school district may enter into agreements with the governing body of a county or municipality in the school district or any state agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for any county, municipal or state purpose. WtlEREAS, this Agreement contemplates two (2) use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based upon the Option selected by the Agency as determined by this Agreement. IT IS TiiEREFORE AGREED: 1. Option A - Bus and Driver: (1) The School Board shall provide buses with drivers in accordance with the terms provided herein. (2) For each vehicle and driver, the Organization shall reimburse the School Board for the use of the vehicle at the rate of $17.26 per hour and $1.08 per mile and a fee (labor rate as needed) for cleaning and maintenance. mileage. 2. Each vehicle will be billed a minimum of two hours plus Option B - BU~; Only: (1) Organization agrees to pay to the School Board $1.08 per operated mile for each bus. Operated mile is defined as every mile tbr each bus. Operated miles is further defined as every mile the vehicle is operated in support of the Organization's Program, whether with passengers or not, and to include necessary trips to and fi'om a School Board Transportation Department. Mileage will be recorded and billed by the School Board. Such bus will be returned to the Transportation Department of the School Board at the end of each operating day. 'The Organization will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not cleaned. (2) Such bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. 3. The Agency agrees that all requests for use of buses and drivers will be made at least two weeks prior to the date requested. All service is contingent upon buses and/or drivers availability. 4. The Agency agrees that in the event of a cancellation the School Board will be given 24 hours advance notice. In the event the notice of cancellation is not issued to the School Board with 24 hours a 2 hour charge per vehicle will be due and payable to the School Board. 2 5. Payment for services rendered or due shall be assessed by the School Board by the 10th ofeach month and paid by the Agency by the 30th of each month. 6. The Agency shall indemnify and hold harmless the School Board from any and all liability of the School Board by virtue of these use ofthe school's vehicles. 7. The Agency, pursuant to Section 234.21 l(2)(b), Fla. Stat., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. 8. The Agency agrees that there shall be no fee charged to passengers on the bus. 9. Effective January 1, 1995, each agency entering into a Transportation Agreement with Collier County Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirements of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. I0. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. 11. This Agreement shall commence on the date first above written and remain in effect through August 31, 1998. 12. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. 13. All the terms and provisions ofthis Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. 1 ' 16g 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed itt the Presence of: DISTRICT SCHOOL BOARD OF COLLIER. COUNTY ..~-v': . / Robert E. MUnz, Superintendent A~EST: DWIGHT. E. BROCK, Clerk of Courts · ..,.:>"' . · -.: / '~A~PP~°~ed as'.t0 _fp'_~t~:.~ tls tO Chafrman' ":'., iegal:.suffici~n~-f} Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A 'CONTRAC'rATcPR 896 4 ............. , ,,,, ,, IIII II I I I I IIIIII IIII II II I .......... ~1 M]~ORANDUM Date: To: From: Re: May 13, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Continued Funding for the State of Florida, Department of Community Affair's' Anti-Drug Formula Grant Programs (Serious Habitual Offender and Street Gang Prevention) Enclosed please find three originals of each document as referenced above, Agenda Items #16H1 and #16H2, approved by the Board of County Commissioners on May 11, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 16H li John C. Norris District 1 TDImothy L. Hancock, AICP istrict 2 )imo~hy J. Constantine islricl 3 Pamela S. Mac'Kte Districl 4 Barbara B. Berry Dislrict 5 3301 East Tamlamt Trail · Naples. Florida 34112:4977 (941) 774-8097 · Fax (g41) 774-3602 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that accordin9 to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subqran~ Instruction__~. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relatin9 to employment practices affectin9 minority persons and women. I also affirm that the subgrant recipient .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry_, Chairwoman_ Board of County Commissioners Collier County, Florid~ . ., ,..~ .',;.,,,.~' ~ . ..' · '..'. t',..- ,{;I~ ,' .:' ' . ..' .--. - ~ (J , . f~ (A , .. '.. :,:./.,, ~..;,C~,:,t. l.'Z:,:.'.~..t,,, -r,,-, /_ , __ ,., ~ ~ppr~/ou u ~.0 lorl:a ~ legal luffiotencv '".: ':: ~'¢: ;,'~,~;'~.: :~ .'~:; '.:~':;: 1':: · .. -- kf.~est as to Chatr,,an Drug Control and System Improvement I~ormula Grant Program 16H 11 (Edward Dyrn¢ Memorial Si:ate and Local Aeeietance Program) authorized o~cer~ on t,he dat, e. monr, h and .year met, out below. Corrections including sCrikeovers, whiteouts, etc., on this page are not acceptable. St, ate of Florida Department of Community Affairs Bureau of Community Assistance Type Name and ,Title: Date: S_u_bgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated I~epresentative) Type Name and~le: Barbara B. Ber~,Taic~c~nan , Collier County Commission DaSe: 5/12/98 FEID Numbem 59-6000-558 Implementing Agency Representative MEMO~ Date: To: From: Re: May 13, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Continued Funding for the State of Florida, Department of Community Affair's' Anti-Drug Formula Grant Programs (Serious Habitual Offender and Street Gang Prevention) Enclosed please find three originals of each document as referenced above, Agenda Items #16H1 and #16H2, approved by the Board of County Commissioners on May 11, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 16H John C. Norris District 1 Timothy L. Hancock, AICP Districl 2 ) imolhy J. Conslantine islricl 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 Mr. Clayton H. Wilder Community Pro~ram Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3301 East Tamtaml Trai~ · Naples, Florida 34112.4977 (941) 774-8097 · Fax (941) 774.3602 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. · Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subgrant ApplicatiQn Instructions. I understand that if the subgrant recipient meets these criteria, it must fo~nulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or 2ace loss of federal funds. Name and Title: B_arbara B, Berry_, Chairwoman Board of County Commissioners Collier County, Florida . .,~,,, ,. ~,'~' ,';'...',,.','.'. · ? t~'..' .,., ..,.'.,'?~,. ~...~.'., ,,, By: ~ ' ? "+: '-' : YDat~'.'-r'~V: 12 1998 ~m~nt c~,,.t~ xtra.... ~ ~,. ............ .'~ (Edward ~yrn¢ Memorial 5~a1~ and Local Aseietanca ?rograrn) ~i~nal;ure Fable In witneee whereof, the Fart, ice affirm they each have read and agree r,o condir~one eec forth in thie a(~r~merrr,, have rcad and underet, and the agreem~nl: in it, a #nl;ir~r,y and have ~x~cut, ed ghie agreement, by their duly authorized officere on the date. month and year ecl; ou~ below. Corr¢cCions including sCrikeovers, whitcouts, etc., on Chis page are not, acce?t, able. 5r, a~ of Florida Oepa~ment of Communit Afl:airs - . Y I~ur~au of Community Aesistance Type Name and,Title: Da:e: 5_u_bgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Eepre~entative) - . %' _ ~\ ~'-~ Type Name andTi~: Barbara B. Berry, Chairwoman, Collier County Co~nission Date: 5/12/98 FEID Num~¢n 59-6ooo-558 Implementing Agency Official, Administrator or B ~ Typ nter, Sheriff Dar. c: 4/20/98 A~staat County Attorney