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Agenda 10/08/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 8, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMII-I'ED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBMC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADOI'I1ONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 October 8, 2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Josh Perez, New Hope Ministries 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. September 5, 2002 - Landscape Workshop C. September 5, 2002 - Special-Budget Hearing D. September 6, 2002 - GIS Workshop E. September 9, 2002 - Special-Pelican Bay Meeting F. September 10, 2002 - Regular Meeting G. September 17, 2002 - Impact Fee Workshop SERVICE AWARDS PROCLAMATIONS Proclamation for Weed and Seed Program in Immokalee. To be accepted by Will Daniels, U.S. Department of Justice-Tampa District; Sheriff Don Hunter; Commissioner James N. Coletta; Terrance Sumter, Resident Terrie Aviles, Temporary Chairperson-Executive Committee/Seeding Chair Lieutenant Mark Baker, Temporary Vice-Chairperson-Executive Committee/Weeding Chair Corporal Martha Bucholtz, Temporary Secretary-Executive Committee. aw Proclamation for Naples Players Day. To be accepted by Dolores Gamble, John Sorey, President, Jim Rideoutte, Executive Director and Ted Tobye, Chairman on the 50t' Anniversary Committee. C. Proclamation for Lights on After School. To be accepted by Susan Luenberger, President and Linda Flewelling, Chairman of the Board of Trustees of the Community Foundation. D. Proclamation to recognize October as National Arts and Humanities Month in Collier County. To be accepted by Joy Lelonek, Executive Director of the 2 October 8, 2002 United Arts Council; William R. O'Neill, President and George Lange, Chairman of Collier County Cultural Plan. E. Proclamation to recognize October as Brain Injury Awareness Month. To be accepted by Lisa A. Phipps. F. Proclamation to designate October 6 - 12, 2002 as National 4-H Week. To be accepted by Brooke Haas, County Council President. Proclamation to recognize October 8, 2002 as NAACP Freedom Fund Day. To be accepted by LaVerne Franklin, President of the NAACP, Collier County Branch. 6. 7. 8. PRESENTATIONS PUBLIC PETITIONS BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS Am Petition ST-2194 continued from the September 10~ 2002 BCC Meetin;l. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition ST-2194, Michael Landy, P.E., oT Landy Engineering, Inc., representing a Southwest Florida Opportunity Fund, L.L.C., requesting a Special Treatment Development Permit to construct a 11,200 square foot drug store and a 266-seat restaurant via the site development plan approval process on a 4.02 Acre Site Zoned C-3ST, located at the Northeast corner of the intersection of US-41 and CR-951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-02-AR-2098, Mr. Robert L. Duane, AICP, of Hole, Montes and Associates, Inc., representing Benderson Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Lawmetka Plaza for property located on the Northwest corner of Wiggins Pass Road (CR 888) and US-41, in Section 16, Township 48 South, Range 25 East, Collier County, Florida, consisting of 34 acres. 3 October 8, 2002 To obtain Board approval of local amendments to the Florida Fire Prevention Code by adopting an Ordinance and directing staff to complete the process to make the amendments effective. Amendment to the Emergency Management Ordinance expanding the succession of authority to include all County Commissioners, the County Clerk of Courts and the Deputy County Manager. Petition PUD-2001-AR-1404 Dwight Nedeau of RWA Inc., representing Conquest Development USA, L.C., requesting an amendment to the Silver Lakes PUD to allow modification to the Land Use Distribution Table of the PUD. The subject property is located on the East side of Collier Boulevard approximately one and three quarter miles South of Tamiami Trail East and Collier Boulevard Intersection in Section 10, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 146 acres. To approve County Code of Laws and Ordinances, Section 66-116, as amended by the County Attorney, creating stricter enforcement of Public Swimming Pools currently under Florida Statutes. Adoption of a Resolution amending the Road Impact Fee Rate Schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Affordable Housing Commission. B. Appointment of member to the Workforce Housing Advisory Committee. C. Appointment of member to the Historical/Archaeological Preservation Board. D. Appointment of members to the Lely Golf Estates Beautification Advisory Committee. 4 October 8, 2002 E. Resolution opposing the Acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT Staff request the Collier County Board of County Commissioners' discuss, at a Public Hearing, the proposed contents of an Ordinance providing for the acquisition of environmentally sensitive lands and indicate to staff whether to prepare the Ordinance for advertising and adoption upon the passage of the November 5, 2002 General Election Ballot. (Joseph K. Schmitt, Administrator, Community Development) Recommendation to approve a Resolution superseding Resolution No. 01-410 establishing the Schedule of User Fees for Ground and Air Ambulance Transport and Related Services. (John Dunnuck, Administrator, Public Services) Adopt a Resolution establishing and implementing beach parking fees and rules and repealing Resolution No. 99-240. (John Dunnuck, Administrator, Public Services) This item continued from the September 24~ 2002 BCC Aaenda. Approve amended Median Landscaping Agreement between Collier County and the Vineyards Development Corporation in the amount of $80,000. (Norman Feder, Administrator, Transportation Services) 11. PUBLIC COMMENTS ON GENERAL TOPiCS 12. COUNTY A'R'ORNEY'S REPORT Request of the County Attorney that the Board of County Commissioners enter into a Closed Attorney-Client Executive Session pursuant to Section 286.011(8), Fla. Stat., at the October 22, 2002 regularly scheduled Board of County Commissioners Meeting for purposes of advice/discussing Settlement Negotiations and Strategy related to Litigation Expenditures in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. 5 October 8, 2002 B. Resolution authorizing Commission District Newsletters, informative Notices, Mailers or Other Informational Sites or Transmittals. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve 2003 Tourism Agreement with Marco Island Historical Society for Tourist Development Special Museum Grant of $25,000. 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Stonebridge Unit Four". 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Five". 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-198 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-199 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-045 styled Board of County Commissioners Collier County, Florida vs. Patrick and Erin Rose regarding violation to Ordinance No. 91-102, Sections 3.9.3 as amended of the Collier County Land Development Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2000-035 styled Board of County Commissioners Collier County, Florida vs. I.E.C. Rentals, Inc. and Ivy Jean Nebus regarding violation to Ordinance No. 91-102, Sections 1.5.6,2.1.11,2.1.15,2.2.16.2.1,3.3.9, as amended of the Collier County Land Development Code and Ordinance No. 99-51, Sections 6,7,8,9 of the Collier County Weeds and Litter Ordinance. 6 October 8, 2002 8) 9) lO) 11) 12) 13) 14) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-200 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-175 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-181 styled Board of County Commissioners Collier County, IRorida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-182 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-196 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-197 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approve renewing temporary parking and staging area easements between CPOC Development Company, LL.C., and Collier County for one year's continued use of land located South of Development Services during construction of the parking deck, at a cost not to exceed $53,549. B. TRANSPORTATION SERVICES 1) Request that the Board of County Commissioners approve Work Order #CT-02-02 to Chris-Tel Company in the amount of $51,750.00 for the construction of the median landscape planter on the Haldeman Creek Bridge on Bayshore Drive. 2) Approve Selection Committee ranking of three firms for contract negotiations for RFP 02-3398 "Professional Design and Related Services for Collier Boulevard from Golden Gate Boulevard to Immokalse Road", Project No. 65061. 3) Board approval to utilize Insurance proceeds to purchase two reconditioned transit buses and other support equipment In an amount not to exceed $91,853. 7 October 8, 2002 PUBLIC UTILITIES 1) Accept Water and Sewer Utilities provided in accordance with Developer Contribution Agreement with LB/P Groveway, LLC in the amount of $223,496.25. PUBLIC SERVICES 1) Approve an Agreement with the District School Board of Collier County for transporting school age Summer Camp Participants at an estimated cost of $60,000. E. ADMINISTRATIVE SERVICES 1) To authorize staff to reject Bid #02-3410 "Purchase of Limerock and Fill Materials". 2) Approval to purchase Property, Casualty and Workers' Compensation Insurance and related services for FY2003. F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY !. BOARD OF COUNTY COMMISSIONERS 1) Commissioners' request for approval for payment to attend functions serving a valid public purpose. J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to be Filed for Record as Directed. K. OTHER CONSTITUTIONAL OFFICERS 8 October 8, 2002 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said Purchases. L. COUNTY AI-I'ORNEY 1) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 182 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). 2) Recommendation that the Board pay the reasonable attorney's fees and costs incurred by two (2) County employees in connection with the March 7, 1999 Sulfuric Acid Spill at the North County Regional Water Treatment Plant as they have successfully completed pretrial diversion and the charges against them have been dismissed and that the Board approve any necessary Budget Amendment. 3) Approve the Agreed Order awarding Supplemental Attorney's Fees relative to Easement Acquisitions of Parcels 170 and 770 in the Lawsuit entitled Collier County v. Fred R. Sutherland, individually and D/B/A Sutherland Paint Horses, et al, Case No. 01-0756-CA (Livingston Road Project No. 60071) in the amount of $273.00. 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 175B in the Lawsuit styled Collier County v. Michael S. Combs, et al, Case No. 02-2315-CA (Immokalee Road Project #60018). 5) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 210 in the Lawsuit entitled Collier County v. Efrain Arce, et al, (Immokalee Phase I Project). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. 9 October 8, 2002 Am This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002-AR-2559, Dwigh~ Nadeau of RWA Inc., representing Richard Davenport, requesting an amendment to the "Hibiscus Village" Planned Unit Development (PUD), for the purpose of revising Table I, Residential Development Standards to add lot area and width standards for the multi-family land use in order to facilitate the opportunity to subdivide the multi-family tract associated with the attached townhouse residences for fee simple conveyance for property located on the West side of Collier Boulevard (CR 951) and approximately one and a quarter miles South of Immokalee Road (CR 846) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-01-AR-1331, R. Bruce Anderson of Young, VanAssenderp, Varnadoe and Anderson and Wayne Arnold of Q. Grady Minor and Associates, representing Martin Adler, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the ASGM Business Center PUD allowing a business park for property located on the East side of Collier Boulevard (CR 951) and approximately one-half mile South of Tamiami Trail (US 41) in Section 10, Township 41 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance amending Ordinance 02-3= to correct a Scrivener's Error in Section 3.5 - Development Standards of the Winding Cypress PUD that is located on the East side of Collier Boulevard (CR 951) in Sections 26 and 35, Township 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 10 October 8, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETIN(" October 8, 2002 Withdraw Item 8E: Petition PUD-2001-AR-1404 Dwight Nadeau of RWA, Inc., representing Conquest Development USA, L.C., requesting an amendment to the Silver Lakes PUD to allow modification to the Land Use Distribution Table of the PUD. The subject property is located on the east side of Collier Boulevard approximately one and three quarter miles south of Tamiami Trail East and Collier Boulevard intersection in Section 10, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 146 acres. (Petitioner request.) Continue Item 10 D to the October 22, 2002 BCC Meetin.q_' Approve amended Median Landscaping Agreement between Collier County and the Vineyards Development Corporation in the amount of $80,000. (Staff's request.) Add Item 10E: Approve budget amendment for Wiggins Pass emergency maintenance dredging engineering services in the amount of $10,000. (Staff request.) Continue Item 16 B 3 to the October 22 2002 BCC Meetin : Board approval to utilize insurance proceeds to purchase two reconditioned transit buses and other support equipment in an amount not to exceed $91,853. (Staff request.) Move Item 17 B to 8 H: ~ici ants be sworn in and ex arte diSClosure be rovided b Commission members. Petition PUDZ-01-AR- 1331, R. Bruce Anderson of Young, VanAssenderp, Varnadoe and Anderson and Wayne Arnold of Q. Grady Minor and Associates, representing Martin Adler, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the ASGM Business Center PUD allowing a business park for property located on the East side of Collier Boulevard (CR 951) and approximately one-half mile South of Tamiami Trail (US 41) in Section 10, Township 41 South, Range 26 East, Collier County, Florida. (Commissioner Fiala) NOTE: The followin must be read into the record to correct the Executive ~item 17B: Planning Services Staff Recommendation: Staff recommends approval of Petition PUDZ-01-AR-1331 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. Note: Item 16 B 16 Continued from the Se tember 24 2002 BCC Meetin and is further continued to the October 22 2002 BCC Meetin : Approve Change Order with APAC, Inc. for roadway improvements on the North 11th Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. WHEREAS, p~OCLA~A TION tho Llnited States fltl~rtmtnt of ~Tuttice ~ ~fliz~d t~g O~tion Weed ~d ~td w#/ ettablith ~aft Hanna, ~iEhborhood Watch Pm~m$, ~d ~olict ~ctivititt ~agm in Xmmokalte; and Operation Weed and ~ed tm~lattt neiEhboeh~d needs into o and 5etd Coalition older o£ streets and to r~ce/ved NOW the and ~ed of Collier pursue additional $eed projects in ~ ~002 os Weed DONE AND ORDERED TH-rS 8th Day of October, 2002. ~OAR~ ~ COUNTY C~O~E~r~ONER$ ATTEST: ~A N Dw.r~HT E. 8ROCK, CLERK OCT 08 2002 Pcj. PROCLA~4A 7=XON WHEREAS, The Naples Players, -mc. was founded in 19§$; and, Fiftieth Anniversa~ season; and, WHEREAS, over those fifty years with the suppot"t of the Collier County Community The Naples Players has grown from one yearly performance at a high school auditorium to over 160 performances on ~wo stages 'a~ its home, The 5ugden WHEREAS, The Nap/es Players affirms its mission of providing high performera; on ~he beg/n a ~er/es b~ ~¥ober, '~ be de~i~a~td as~ -., ~, . ;. NAP~5 P~yER5 ~AY '~ DONE AND ORD~~I5 8~ WHEREAS. CO/~f~£$$XONER$ iTY, ?LO'DA ATTEST: DW£~HT E 8RO~K, CLERK OCT 0 8 2002 Pg. ~ ~ROCLA~4A TION the citizens of Collier County stand firmly committed to quality /~o~ni~ %nvi~nt for our kids that b~sts their academic ends; build s~r communities by in~/vin9 our $mdenfa, pa~ner$ in their c~ild~n ~ education; and, The ~ommun/~ Eoundot/on of ~o/I/er ~n~ hos p~vid~d $j~n/~/con~ leadership in the ama o~ communi~ in~lvement in the education and we/I-bei~ o~ our youth, 9munded in the principle ~ha~ qua//~ a/ter~ch~l p~ram~ are a critical link to helpin9 our children WHEREAS, afterschoo/ importance of their NOW DONE AND place COUnty commits our and when ~.OM~I$SZONER$ ATTEST: DW_r~I-IT E. 8ROCK, CLERK WHEREAS, ~HEREA$, WHEREAS, PRO~LA~A TION t~onth by thousands of a~f$ and ~lmml o~izati~$, ~ommufliti~s, ~o~s for ~ml ~ars; and. ~mbo~ moeh of th~ oc~umulot~d wisdom, intellect, mhd imogJn~ti~ of h~kJnd; and, ~lp clos~ th~ achi~m~nt ~ap. ~cially amon~ d/~a~anta~d youth; the a~$ impure the academic skills ~sential for ~adi~ ~d la.age de~lopment; the a~s build ~ mathematical $kil/s; the arts a~c~ th~ motivation fo learn ~d the arts p~mote positive de~lopm~nt; ~d. economy by ~ mil/ion in economic oct/v/~ annually, thm~h seconda~ The local arts of ali the arts to oeganixation parities/, ~amilies; WHERE~$, in June October NOW of ~ol/ier October as NATIONAL ARTS. 'COLLIER COUNTY and call upon our citizens to celebrate and promote the ar~s and cdture in our county and to specifically encour~ the g~ater par.tic/pat/on of our ~sidents and vis/tons in p~g~ms and act/wries in the a~s and human/t/es. DONE AND ORDERED TH%$ nth Day of October, ~002. OCT 08 2002 pg. NOI4/ TFIEI~E?OI~E, b~ Brain and ~pinol Co~ %~u~ P~rom, was o~niz~d m advocate on b~half of victims of brain i~o~, to provide a c/~ri~house {or information and ~$ou~, and ~o p~vide a ne~ork o~ ~am//y support center$ {or su~i~r$ o~ brain i~u~ a~ ~he/r October as ATTEST: OCT 08 2002 Pg- pROCLAIklA TION the goal of 4-H is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development, and practica/sM/Is; and. these act/v/ties have resulted in learning experiences and accomplishments that have received State and National reco~n/Hon; and, the Board of County Commissioners of Co#ire County feels this 4-H program contMbutes to the overa# development of our youth ~nd strengthens our communities; and, ~tion and gu/dance from /nterested WHEREAS, the 4-H members parents, volunteer Workers and staff from many WHEREAS, youth-serving NOW Call~er Coum /ss/oners of be des/gnated 9ivin9 Clubs of DONE AND ORDERED THIS 8~h day of October 2OO2. th/s Board in ents of the 4-H BOARD OF COUNTY COMMISSIONERS CO! !YER COUNTY, FLORIDA OCT 08 2002 PROCLAt~A TION WHEREAS, The National Association of the Advancement of Colored People Freedom Fund Branch (NAACP3, will hold its ~wmntimth Freedom Fund Bm~q~mt and Awards Ceremony on 5o?urday, October I 9. ~00~ at the Elks Lodge; and, WklEREA$, WHEREAS, Willie E. ~m~/, Esq., 5~nior P~rtn~r of KmO', Williams, Parent/, ?i~. Z~wis. 44c~anus. W~tson and $1~r~ndo L~ I=ir~. will ~e the £eotured ~aker at the Freedo~ Fund Banquet ond Awards proceeds of this event will be used to ensure that economical, poi/dca/, educational and soda/equal/h/remain $Iron9 within our community; and, WHEREAS, the public is in this celebration of freedom C~. Coun~. Ft°rida, 't'hat October'~. g~'be designated as ;,', .... ' . .. ;' .. ; ~/,;..., NAACP'FREE~ht FUND DAY ~' Collier Counl~ and.urge ail ~itizens to join:me in this ".worthwhile celebration. ~"' bay DONE AND OR,D,~'7~ED TI'i~$ 8~ of October, A TTEST~ J-~A4 COLET'7'A, CHAIRA~AN DI4r~GHT E. BROCK, CLERK OCT - 2OO2 EXECUTIVE SUMMARY PETITION ST-2194, MICHAEL LANDY, P.E., OF LANDY ENGINEERING, INC., REPRESENTING SOUTHWEST FLORIDA OPPORTUNITY FUND, L.L.C., REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT A 11,200 SQUARE FOOT DRUG STORE AND A 266-SEAT RESTAURANT VIA THE SITE DEVELOPMENT PLAN APPROVAL PROCESS ON A 4.02-ACRE SITE ZONED C-3ST, LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF US-41 AND CR-951 IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained through the consideration of a Special Treatment Development Permit. CONSIDERATIONS: This petition was continued from the July 30, 2002 BCC meeting to allow the petitioner time to revise the conceptual site plan to show landscaping and building elevations. The petitioner requests a Special Treatment (ST) Development Permit to construct a 11,200 square foot drug store and a 266-seat restaurant via the site development plan approval process on a 4.02-acre site zoned C-35T. As stated in section 2.2.24.2.1 of the Land Development Code (LDC), the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and land. and structures of historical and archaeological significance. The purpose of this o district regulation is to assure the preservation and maintenance of these environx enta~. ~ ~ OCT 0 8 2002 L and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify jurisdictional wetlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the County. Jurisdictional wetlands are located along the eastern portion of the subject property and total 1.31 acres. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of County Commissioners. The applicant originally sought administrative approval of the Special Treatment "ST" development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the County Attorney's Office is attached to the EAC staff report for reference. FISCAL IMPACT: This petition for a Special Treatment (ST) permit by and of itself will have no fiscal impact on the County. However. if this request meets its objective, a portion of the vacant existing "C-3ST" zoned land will be further developed for retail uses. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The total amount of impact fees for the proposed commercial uses is $49,206.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-ont will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated ped a depends on the value of the improvements. At this point in time staff has not deveh rate~ol~ method to arrive at a reasonable estimate of tax revenue based on ad valorem tax our D 11 2002 2 Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub- district that is intended to provide higher densities and where existing and planned public facilities are concentrated. This district is also within Activity Center 18 that permits non- residential uses and commercial uses consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the Activity Center Sub-district Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "~11 canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, Policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with Objective 2.2 and policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry detention area connected to an indigenous preserve and water management area to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3." The loss of 1.08 acres (82 percent) of the viable freshwater wetlands on this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. OCT 0 8 2002 Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity." The loss of 1.08 acres (82 percent) of the wetlands on-site may be considered inconsistent with Policy 6.4.7. It is staffs opinion that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. ENVIRONMENTAL ISSUES: Approximately 1.31 acres of South Florida Water Management District (SFWMD)/Collier County. jurisdictional wetlands occur on the subject property. These wetlands extend off-site on undeveloped lands to the east. The combined size of both the on and off-site wetland is estimated to be 5 to 6 acres. The project as proposed will impact 1.08 acres (82 percent) of the wetlands on-site. Mitigation was provided by the applicant through the purchase of 1.86 credits at the Panther Island Mitigation Bank. Off- site mitigation included impacts for all of the wetlands on-site. The SFWMD Environmental Resource Permit for the project was issued on October 11,2001. Approximately 1.77 acres of native vegetation exist on the subject property. This includes 1.31 acres of SFWMD/Collier County jurisdictional wetlands and 0.46 acres of pine, oak and cabbage palm on the upland portion of the site. The minimum preservation requirement for the site, pursuant to 3.9.5.5.4 of the Land Development Code, is 0.18 acres (10 percent of the existing native vegetation found on the property). Observations for protected species were made while conducting site visits for vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. 4 OCT 0 8 2002 HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends denial of the Special Treatment Development Permit Number: ST- 2194, "Center Point" for the following reasons: Section 2.2.24 of the I_and Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress, red maple and cabbage palm. This wetland has been determined to' be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of wetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code, is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. It is staff's opinion that an 82 percent impact, regardless of off-site mitigation, is an unacceptable level of impact to ST designated land containing environmentally sensitive habitat. Conversely, this wetland area has been impacted by the surrounding development including the Falling Waters Beach Resort PUD the north. These impacts may impinge on the long-term viability of this "ST" land as a functioning wetland. EAC RECOMMENDATION: The Environmental Advisory Council heard this petition at its July 3, 2002 meeting. A motion was made by Council Member Carlson and seconded by Council Member Santoro to support staff's recommendation of denial of ST-2194. The vote on the motion passed unanimously, 6 to 0. 5 OCT 0 8 2002 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on July 18, 2002. By a 5 to 2 vote, the CCPC forwarded Petition ST-2194 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners that voted in favor determined that the project would not result in an unacceptable loss of viable naturally functioning wetlands. Since this petition did not receive a unanimous vote for approval, this petition could not be placed on the summary agenda. OCT 0 8 2002 PREPARED BY: S'~I~PHEN I~ENBERGER, ENVIRONMENi'AL SPECIALIST CURRENT PLANNING SECTION 'IL~Y(J~t~LIT, OWS, CHIEF PLANNER CURRENT PLANNING SECTION DATE c/./~.oZ. DATE REVIEWED BY: .Z~JSAN MURRAY, AICP, MANAGER / ,?-'C~ ~RI~ NT PLANNING SECTION MARGAI~T WUERSTLE, AICP, DI PLANNI'~G SERVICES DEPARTMENT DATE APPROVED BY / /o/Eab'~H KTs--c H-~ i~T, AD M IN I~ RAT O [OMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL k,~ERVICES DIVISION DATE ST-2194/EXECUTIVE SUMMARY/SL 7 2002 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL JULY 18, 2002 PETITION: ST-2 ! 94, CENTER POINT SERVICES OWNER/AGENT: Agent: Owner: Michael Landy, PE Landy Engineering, Inc. 2780 South Horseshoe Drive Naples, Florida 34104 Southwest Florida Opportunity Fund, LLC 2223 Trade Center Way Naples, Florida 34109 REQUESTED ACTION: The petitioner requests a Special Treatment (ST) Development Permit to impact property zoned C- 3ST. As proposed, the project will impact 1.08 acres (82 percent) of the wetlands on-site. GEOGRAPHIC LOCATION: The subject property is located at the Northeast comer of the intersection of US-41 and Collier Boulevard (CR-951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT,;, The petitioner requests a Special Treatment (ST) Development Permit to construct a 11,200 square foot drug store and a 266-seat restaurant via the site development plan approval proce s on a 4.02- acre site zoned C-3ST. ~ ~ OCT 0 I~ 2002 .! 'i Map Output Page 1 of 1 AC.~=.NOA ITEM OCT 0 S 2002 · ../com.esri.esrimap. Esrimap? ServiceName:ccpa_design&ClientVersi°n=3' 1 &Form=Tme&En¢8/6/2002 The Land Development Code requires Special Treatment (ST) Development Permit to be submitted to the Environmental Advisory Council and Collier County Planning Commission for their review and recommendations. Final action on Special Treatment (ST) Development Permits lies with the Board of County Commissioners. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped; zoned C-3ST Surrounding: North: East: South: West: Falling Waters Beach Resort; zoned PUD Undeveloped; zoned Agricultural Tamiami Trail (US-41) Collier Boulevard (CR-951) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub-district that is intended to provide higher densities and where existing and planned public facilities are concentrated. This district is also within Activity Center 18 that permits non-residential uses and commercial uses consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the Activity Center Sub-district Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals, rivers, and' flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, Policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with Objective 2.2 and policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry detention area 2 OCT 0 8 2OO2 indigenous preserve and water management area to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3." The loss of 1.08 acres (82 percent) of the viable freshwater wetlands on this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity." The loss of 1.08 acres (82 percent) of the wetlands on- site may be considered inconsistent with Policy 6.4.7. Staff, believe that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this Special Treatment Development Permit on transportation and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. The Collier County Transportation Planning Department met with the petitioner and the owner of the property immediately to the east, during their representative pre- application meetings, and instructed (in accordance with section 2.6.38.4.3 of the Land] Dev~.~t~I~. Code) to provide interconnection to each other's sites. - OCT 0 8 2002 3 ANALYSIS: As stated in section 2.2.24.2.1 of the Land Development Code (LDC), the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent .ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify jurisdictional wetlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the County. Jurisdictional wetlands are located along the eastern portion of the subject property and total 1.31 acres. These wetlands consist of forested freshwater wetlands containing oak, cypress, red maple and cabbage palm. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of County Commissioners. The applicant originally sought administrative approval of the Special Treatment "ST" development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the County Attorney's Office is attached to the EAC staff report for reference. AGENDA ITE~ OCT 0 8 2002 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The applicant requested that the petition be hear by the Environmental Advisory Council, Collier County Planning Commission, and Board of County Commissioners as soon as possible. At the applicant's request, the Community Development and Environmental Services Administrator scheduled the petition for the July 30, 2002 Board of County Commissioners meeting. The Environmental Advisory Council will have heard the petition on July 3, 2002, after this staff report has been prepared. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends denial of Special Treatment Development Permit ST-2194, "Center Point" for the following reasons: Section 2.2.24 of the Land Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress, red maple and cabbage palm. This wetland has been determined to be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of wetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code, is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. Staff does not believe that an 82 percent impact, regardless of off-site mitigation, is an acceptable level of impact to ST designated land containing environmentally sensitive habitat. OCT 0 8 2002 PREPARED BY: STEPHElq LEN~ERGER ENVIRONMENTAL SPECIALIST CHIEF PLANNER REVIEWED BY: --S'USAN MURRAY, AICP / INTERIM PLANNING SERVICES DIRECTOR ~DATE DATE APPROVED BY: DAT IRONMENTAL SERVICES DMSION ADMINISTRATOR Petition ST-2194 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMA~ g/current/reischl/rezones/cays/staffreport/ST'2194 6 2002 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 3~ 2002 Item IV.A NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Special Treatment Permit No. ST-2194 Center Point SW Florida Opportunity Fund, LLC Landy Engineering, Inc. Boylan Environmental Consultants, Inc. II. III. IV. LOCATION: The subject property is a 4.02 acre site located at the Northwest comer of the intersection of Collier Boulevard and U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels, and two roadways. ZONING DESCRIPTION N - PUD (Falling Waters Beach Resort) Partially Developed S - R.O.W. U.S. 41 E - Agricultural Undeveloped W - R.O.W. Collier Boulevard PROJECT DESCRIPTION: The petitioner is requesting a Special Treatment "ST" Permit on the subject 4.02- acre site that is zoned C-3ST. The petitioner proposes to construct an 11,200 square foot drag store and a 266-seat restaurant via the site develop~ lent plan approval process. OCT 0 8 2002 EAC Meeting Page 2 of 9 Ye GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Fringe Sub-district that is intended to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Designated Area. This district also permits non-residential uses and commercial uses subject to the location and development criteria of the Office and Infill Commercial Sub-district of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element: The subject site is currently zoned C-3 and is adjacent to a commercial tract of the PUD project to the north. The pre-existing C-3 zoning may be deemed consistent with the Office and Infill Commercial Sub-district Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, Policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with Objective 2.2 and policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry detention area connected to an indigenous preserve and water management area to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3." The loss of viable freshwater w EAC Meeting Page 3 of 9 VI. this site may be considered unacceptable and therefore may be inconsistent with Objective 6.2. Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat." This project is consistent with this policy in providing for off-site mitigation pursuant to SFWMD mitigation rules. Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity." The loss of 1.08 acres (82 percent) of the wetlands on-site may be considered inconsistent with Policy 6.4.7. Staff, believe that the applicant has not reasonably accommodated both the preservation of wetlands on-site and the proposed activity. MAJOR ISSUES: Stormwater Manaeement: Center Pointe is a proposed commercial project on the north east comer of County Road 951 (Collier Boulevard) and U.S. 41. The site is located within the Henderson Creek Basin. The existing ditch along U.S. 41 is maintained by Collier County Stormwater Management. The Water Management for this site consists of a dry detention area connected to a wetland preserve. These areas will provide the water quality retention and water quantity peak flow attenuation required to throttle the discharge rate down to acceptable levels. The project will be permitted by SFWMD because of the amount of wetlands on-site. OCT 0 8 20O2 EAC Meeting Page 4 of 9 Environmental: Site Description: A fruit stand currently exists on a portion of the subject property. Scattered slash pines, oaks, cabbage palms and ornamental vegetation are located on the developed portion of the property. The eastern third of the site contains a forested freshwater wetland vegetated with laurel oak, cypress, red maple and cabbage palm. Groundcovers in the wetland, consists mainly of swamp fern and sedges. Existing fruit stand located on the developed portion of the property. Looking east at the forested freshwater wetland on the east side of the property. A single soil type is found on the property, Pineda Fine Sand, limestone substratum (Soil Map Unit No. 14). This soil type is listed as hydric by the Natural Resources Conservation Service (NRCS). 2002 EAC Meeting Page 5 of 9 Site elevations vary from a high of approximately 9.1 feet NGVD on the developed portion of the property, to a low of approximately 3.6 feet NGVD in the wetlands on-site. The control elevation for the project is 5 feet NGVD, and was established according to adjacent projects and roadways. The adjacent U.S. 41 Canal is controlled by the Big Cypress Basin (Structure Hen CR-1) and is operated at 5.00 to 6.00 feet NGVD. Special Treatment (ST) Overlay: As stated in section 2.2.24.2.1 of the Land Development Code (LDC), the ST overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall be designated as environmentally sensitive. Section 2.2.24.1 of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Purpose and intent. Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time to permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." The subject property has an ST overlay over the entire parcel. Typically the ST designation is used to identify jurisdictional wetlands on-site, the boundary of which is determined by the petitioner and then verified by the South Florida Water Management District, prior to submission of an application to the County. Jurisdictional wetlands are located along the eastern portion of the subject property and total 1.31 acres. Final action on the site alteration plan or site development plan for a Special Treatment Permit lies with the Board of County Commissioners. The ~,~,li~A originally sought administrative approval of the Special Treatment OCT 0 8 200 EAC Meeting Page 6 of 9 development permit through an interpretation from the former Planning Services Director. The County Attorney's Office has since determined that the request would have to follow the procedures set forth in section 2.2.24.6 of the Land Development Code. A copy of the legal opinion from the County Attorney's Office is attached to this staff report for reference. Wetlands: Approximately 1.31 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands occur on the subject property. These wetlands extend off-site on undeveloped lands to the east. The combined size of the on and off-site wetland is estimated to be 5 to 6 acres. The project as proposed will impact 1.08 acres (82 percent) of the wetlands on- site. Mitigation was provided by the applicant through purchase of 1.86 credits at the Panther Island Mitigation Bank. Off-site mitigation included impacts for all of the wetlands on-site. The SFWMD Environmental Resource Permit for the project was issued on October 11, 2001. Preservation Requirements: Approximately 1.77 acres of native vegetation exist on the subject property. This includes 1.31 acres of SFWMD/Collier County jurisdictional wetlands and 0.46 acres of pine, oak-and cabbage palm on the upland portion of the site. The minimum preservation requirement for the site, pursuant to 3.9.5.5.4 of the Land Development Code, is 0.18 acres (10 percent of the existing native vegetation found on the property). Looking east towards the undeveloped portion of the property. The jurisdictional wetland is in the background. AC.~r.]qDA I~ OCT 0 8 2002 EAC Meeting Page 7 of 9 Listed Species: Observations for protected species were made while conducting site visits for vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. RECOMMENDATIONS: Staff recommends denial of Special Treatment Permit No. ST-2194 "Center Point" for the following reasons: 1. Section 2.2.24 of the Land Development Code identifies lands of environmental sensitivity where the ecological value of the land is not adequately protected under the basic zoning district regulations established by Code or ordinance. 2. The subject property has a Special Treatment (ST) overly, of which 1.31 acres are vegetated with a forested freshwater wetland containing laurel oak, cypress, red maple and cabbage palm. This wetland has been determined to be jurisdictional by the South Florida Water Management District. Freshwater swamps are identified in section 2.2.24.1 of the Land Development Code as a type of habitat requiring protection under the Special Treatment (ST) regulations. 3. The petitioner proposes to impact 82 percent (1.08 acres) of the jurisdictional wetlands on-site and to provide mitigation off-site as compensation. The remaining 0.23 acres of wetlands are proposed to be retained on-site within a proposed stormwater retention area. The purpose of this overlay district regulation as stated in section 2.2.24.1 of the Land Development Code, is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing. 4. Staff does not believe that an 82 percent impact, regardless of off-site mitigation, is an acceptable level of impact to ST designated land containing environmentally sensitive habitat. AGE~A I'~.M OCT 0 8 2002 FAC Meeting Page 8 of 9 PREPARED BY: STA~ C~IRZ~O_WS~a. P.~-. ENGINEER SENIOR · A/)~S MINOR~ P.E. ENGINEER SENIOR STEPHEN LEN'BERGER ENVIRONMENTAL SPECIALIST REVIEWED B Y: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR 17.y-am O ~- DATE DA'~E 6 ./7'o?_ DATE DATE OCT 0 B 2002 EAC Meeting Page 9 of 9 CURRENT PLANNING MANAGER / INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: Mr~U~ITY DEVELOPMENT ADMINISTRATOR ENVIRONMENTAL ADVISORY COUNCIL ENVIRONMENTAL SERVICES THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c: StaffReport OCT 0 8 2002 MEMORANDUM DATE: March 18, 2002 TO: FROM: RE: Susan Murray, AICP, Interim Planning Services Director y~ Patrick G. White, Assistant County Attorne ST Designation - Center Pointe RLS # PLS 02030417 You have asked a series of questions with regard to the referenced request. As background, my understanding is that on July 28, 1987, the Board of County Commissioners (BOCC) approved Ord. # 87-59. This Ordinance rezoned the subject property to a conventional C-3 Zoning District and imposed an 'ST" designation over all 4.02 acres _+ of the subject project. Along with the Ordinance reflecting the zoning approval and ST designation, Mr. Tony Pires (attorney for the property owner) also provided me with an "Agreement" attached td the Ordinance which pertains to certain conditions (stipulations). My review of the attached 'Agreement" reflects that it was not "signed or sworn to' by the then property owne~ until August 4, 1987. This appears to be at a point in time where the already adopted Ordinancewas actually en route to the Secretary of State's office, where it was filed and became effective on August 5, 1987. Thereafter, the Ordinance was not received from the Secretary of State by the Clerk of Courts until August 10, 1987. Because the Agreement was not signed until August 4, 1987, it is not possible that an agreement binding the property owner could have been included as part of the Ordinance which the BOCC 'approved c~n July 28, 1987. This conclusion is bolstered by the fact that the Ordinance nowhere makes reference to the Agreement and fails to incorporate the Agreement as part of the Ordinance. The Agreement is not even identified as an exhibit to the Ordinance. In contrast, Ord. # 87-64 (provided by your office for a comparative review of the typical process followed in the late 1980's for similar rezoning requests) clearly shows that when staff and the BOCC intended to include such agreements as part of an ordinance there was an established form and precise means to do so. By comparison, Ord. # 87-64 also created commercial zoning and imposed an "ST" designation on a parcel of land of almost the same exact size. This Ordinance expressly stated that the "S'i'" designation was 'per the stipulations contained in the Agreement sheet' which was "attached' to the Ordinance and was "incorporated" as part of the Ordinance. The Agreement was labeled, referred to, and identified as, Exhibit "A." Additionally, the date the Agreement was "sworn and subscribed to" by the property owner was July 16, 1987, which was the date of the prior Collier County Planning Commission (CCPC) meeting. That Ordinance was approved by the BOCC on August 11, 1987, and was filed by the Secretary of State and became effective on August 17, 1987. Page 1 of 5 OCT 0 8 2002 From Ord. # 87-64 and its attached Agreement we see that the forms and process to create legally effective conditions on 'ST' designated lands were available and used when required. Admittedly, although the desire of the staff and property owr~er, may have been to include the "Agreement' as part of Ord. # 87-59, the facts lead this office to conclude that from the documents provided the stipulations/conditions in the Agreement attached to Ord. # 87-59 are not, and never have been, legally effective. This is a reasonable conclusion in light of a contemporaneous ordinance that also imposed an 'ST' designation where an almost identical agreement was timely adopted and expressly made legally effective. Accordingly, the following answers will be based on the foregoing conclusion, except where stated assumptions may be made in order to provide a more meaningful answer. The answers are provided in the order of the questions you have asked. You first ask what the county's current regulations allow the Planning Services Director (PSD) to do with respect to wetlands when other agencies with jurisdiction to regulate the development of such wetlands have issued permits or otherwise authorized the property owner to clear and develop those lands. As you .may well know, Collier County does not have an express set of regulations specifically providing for the preservation of wetlands. In fact, the current policy of the County .appears to be one of acquiescing to the determinations of the South Florida Water Management DiStrict (SFWMD) and Army Corps of Engineers (ACOE). In this case the ACOE has advised the property owner that "no permit" is required. for the proposed project. Similarly, the SFWMD has issued a permit allowing the purchase of off-site mitigation credits and has only required the preservation of 0.23 acres of wetlands as part of the project's stormwater management system. The only requirements which appear to regul'ate the preservation (or not) of wetlands are those found in the LDC's "ST" provisions to the extent such wetlands would be required to be preserved as part of the approval of an SDP or SiP for lands designated "ST." Because the subject lands are so designated, this office is of the opinion that even if the SFWMD and ACOE have granted pern{its to allow development activities to occur within the wetland area of the subject site's "ST" overlay, the PSD may, consistent with the provision of LDC § 2.2.24, et seq., require preservation of on-site wetlands under appropriate facts. Second, you asked whether the LDC allows for an administrative removal of the "ST" overlay, provided the applicant submits the above-referenced permits. Regardless of whether the applicant submits any permits authorizing development, LDC § 2.2.24.2.1., makes clear that the only permissible means of removing an "ST' overlay from a zoning district is through the zoning code and official zoning atlas amendment process found in LDC Division 2.7. Third, you ask essentially the same question again except as to wh'ether there is an pe.oe ? of ? C CT 0 B 2002 again assuming 'the above-referenced permits are provided. You reference LDC § 2.2.24.5., as part of your question. This sectiOn requires an applicant to apply for and obtain apProval of such plans by the BOCC, as provided for in LDC § 2.2.24.6,, Jr~ .that section review and recommendation are required by appropriate county staff, the Environmental Advisory Council (EAC), and CCPC before such site plans caP. be considered for ,final action by the BOCC. The only exception from these procedures is for those lands comprising less than 20 acres where no transfers of development rights are involved. If these conditions are met, then so long as the provisions of LDC § 2.2.24.8., can otherwise be met by the application, then the PSD may administratively approve the applicant's site alternation or site development plan. The same would be true for activities which qualify for an "exemption" under LDC § 2.2.24.9., which does not, however, appear to pertain to this project. In order to more fully answer this question, and assuming for the moment that the conditions of the Agreement in Ord. # 89-57 were held to apply to the facts of this case, this office is of the opinion that neither paragraph "h." or "1." of that Agreement would act to override the above-cited' LDC provisions. Paragraph "h." purports to reduce the size of the "S'I'" overlay to only those portions of the 4.02 acre site, which are determined to have jurisdictional wetlands specifically located on the sitel This provision conflicts with the express terms of the Ordinance itself which, in its only operative provision, imposes an ST designation over the entirety of the subject lands. M'uch has been made of the effect of Paragraph "1.," but this office reads this provision (notwithstanding its convoluted and complex phrasing) to simply be a "timing" provision. Stated differently, Paragraph "1." merely precludes al_II development activity outside of the wetland jurisdiction area until after compliance within the .permitting requirements of "al~ appropriate local, state and federal agencies for any use [or] activity within the [wetland] jurisdictional area." (EmiShasis added). Thus, even if the state and fede~l agency permits are obtained (as here), the remaining requirement to comply with the local permit provisions, i.e., those in LDC § 2.2.24, has not been obviated. Accordingly, these provisions of the Agreement do not act to afford the applicant any greater relief even if they were effective. Although, the applicants r~ay argue that when these provisions were considered in the prior PSD's letter, they lead to the inescapable conclusion that their SDP must be administratively approved, this office, after carefully considering the referenced letter, does not reach that same conclusion. At most, the letter should be read to state, consistent with this office's recognition that Paragraph "1.' is merely a "timing" provision, that once a site development plan was submitted, it would not be approved until the needed permits were received. This is clearly recognition that no SDP approval could occur, administratively or otherwise, until the permits were provided. If the letter is argued to be a "shoehorning" in of the provisions of the "exceptions" section of the LDC in § 2.2.24.8., then arguably, the applicant's proposed SDP,.regardless of other agency permits, would still have to qualify for such an "exception" under the terms of LDC § 2.2.24.8. Page $ of 5 OCT 0 8 2002 After reviewing the-detailed "exception" criteria in LDC § 2.2.24.8.1.a., this office concludes this provision, as written, can logically only apply to lands (or portiens~ of a site's lands) that would not otherwise qualify for 'an 'ST' designation. In essence, the provision allows an "exception' only if the SDP proposes or requires no activities whicl'i are almost universally required to develop any parcel of land regardless of its environmental sensitivity or not. For example, only a sufficiently elevated site (i.e., above flood level) with its own natural, on-site retention of all of its stormwater, and that was devoid of flora and fauna (except exotics), would, appear to qualify for, .this exception. Given that all LDC provisions should be read (and applied) to afford them meaning, it was not beyond the exercise of reasonable professional judgment for the prior PSD to apply these exception provisions in this case in a way to have 'concluded that an administrative approval would be warranted. This is especially true in light of the assumed applicability of the Agreement's provisions pertaining to providing' permits from the other agencies. As stated above, this office's opinion is that the Agreement was never legally effective, thus, any staff opinion relating thereto was not unsupported by both the record and the then existing regulations. YoUr fourth question asks what the proper procedure is for an applicar{t to resolve a conflict between two differing interpretations of successive PSD's. This office believes that under the present facts and apparently differing mterpretabons being Offered,' the LDC affords the applicant the opportunity to request an Official Interpretation under LDC Division 1.6, to resolve any perceived "conflicts" in successive "interpretations" of the County's regulations. If dissatisfied with a more recent Official Interpretation of the current PSD, the applicant many appeal to the BZA for review. ,' To summarize, this office concludes that, absent a judicial determination otherwise, the Agreement's provisions are not deemed legally effective. Additionally, assuming solely for the sake of argument that such provisions were considered to be legally effective, there is nothing in the Agreement which alters the applicability of the provisions of LDC 9 2.2.24. As such, in order to entirely remove the subject parcel's "ST" designation, the procedures of LDC 9 2.2.24.2.1., and Division 2.7., must be followed. In an effort to clarify the actual scope of the "exceptions" set forth in LDC 9 2.2.24.8. (especially sub-section 1.), this office recommends the immediate re-drafting of these provisions. Lastly, absent qualifying for an exception allowing for administrative approval, the subject project's SDP must be approval pursuant to LDC 99 2.2.24.4., 2.2.24.5., and 2.2.24.6., as is expressly stated at the very end of LDC 9 2.2.24.8. Please let me know if you require any further assistance in this matter. PGW:kjt OCT 0 B 2002 David C. Weigel, County Attorney Marjorie M. Student, Assistant County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Steve Lenberger, Environmental Specialist Barbara Burgeson, Sr. Environmental SPecialist OCT 0 B 2002 COLLIER CO -$ prison ' ...... Planning 5srvio~ DeparOne~r 2800 ~o~ Home~oe D~¥e July 31, 2000 Woodwa~m!, Pir~s, & Lomt~do, P.A. t01 Lsur~l Oak Dr., Suite 710 Naples, F1.,34108 Re: Ordinm. u~e 87~59 [P.,$?-3c] NE Inw.~ection Collier Boul¢~'ard aud US 4I E. Further to om discussioa co.ccrni~g the oppilcabili:¥ of thc spe~al ttcal;mcnt ovellLy on Ibc prol:~"W/ref~c-nced above, and conditions w'.'thin s~id r~fcreuccd development, r, approval(i.e, ord. $7-591, it is our position that ~e stipulation of approval l~ra~raph is to b~ admiulsuatively d~ermincd at the time of site dev¢lopm~ut plan app:oval. For purposes of complying with ihi~ stipulatiou i~ is our opinion thai tb~ land widiin thc spe. aial treatment area t'all~ within t~ juri~,dictlon of the South F'lorid~ Wa!er Mana$~ment District. Should the)' detcn,nine to approve permits for d~v¢lop~en: llmi ~s inclusive of this area, that action will be sufficient for ColJier Count, to cc. nclud'- that stipulution has been meL A She d¢~clopmen: plim submilted to this office will I:~ apl:rrovcd ~d~en permits from the Water Management District and Army C >rp or' l~ngLr,¢ers are r~eived. If thee agencies allow dcv¢lopmt~t ac~ivirles to eccur ~vitkin the a~¢-', ot' the identified special tr~amicnt overlay district, then t~su approv ,~!s wi.Il b¢¢om~ part of thc SDP approval. I~ I can t~ of'further assi.~'tanc~., plense do not h~ilat¢ to c,~ll. R.oburt }. Mulhere,AICP. Fr~x C941) 648.6968 w~,.co.c~li'.'er, fi.us OCT 0 8 2002 '- COLLIER COUNTY COMMIINI~ DEV. & ~~r~RO~AL EVCS. DMSION PLANNING SERVICES DEPARTM~Fg CURRENT PLANNING SECTION DEVELOPM~T PERMIT PETITION FOR "ST" LAND NATIIRE OF PETITION: ~~o~~_ ..... PETITION MUST BE ACCOMPANIED BY A PLOT PLAN AND ANY NOTE: OTHER APPLICABLE INFORMATION AND DATA REQUIRED BY THE DIRECTOR · Filing Fee: ~ I~D,O~ Date: ($150.00 minimum 5 acres or less, ~lus $50.00 per 0 Signature of Petitioner I i1---.-~,.~,~ /'~ I¥ ................. 'Z~IS SPACE ~OR OFF~C~ On-site Inspec:ion By: acre over 5 IIIII I I OC~ 0 ~ I Center Point Environmental Impact Statement Collier County Section 03, Township 51 South, Range 26 East Approximately 4.02 Acres Prepared by: nvironm'e~a~axl...,- Consultants3c. . 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (941)418-0671Fax: (941) 418-0672 February 5, 2002 Revised: April 30, 2002 I 3.8.5.1 Applicant information 1. Responsible owners who wrote the EIS and his/her education and job related I environmental experience: I Jeremy Sterk, B.S., Aquatic Biology, 7 years job related experience. 2. Owner/Agent name & address: I Patrick Moorton " Southwest Florida Opportunity Fund, LLC . 2223 Trade Center Way Naples, FL 34109 I 3. Affidavit of proof of authorized agent: See attached letter.' ' I 3.8.5.2 Development and site alteration information I I. Description of Proposed Use. The proposed use is a 4.02 acre commercial development... I 2. Legal Description of Site. THE NORTHWEST QUARTER (NW 1/4) OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER I (NW 1/4) RUN WITH THE SECTION LINE NORTH 89023'53" WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF S~T~T~ ,,R, OAD 951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35 40 08 WEST A DISTANCE OF 887.72 FEET TO THE TRUE POINT OF BEGINNING; ~oH,~NCE CONTINUING WITH SAID RIGHT-OF-WAY LINE SOUTH 35°40 08 WEST A DISTANCE OF 365.00 FEET TO ITS JUNCTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD 90 SOUTH 24°19'52 EAST A DISTANCE OF 69.99 FEET AND SOUTH 54°20'16" EAST A I DISTANCE OF 159.38 FEET; THENCE NORTH 35039'44.. EAST A DISTANCE OF 400.00 FEET; THENCE NORTH 54°20'16" WEST A i DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: I THE NORTHWEST QUARTER (NW 1/4) ~ OF SECTION 3, T£ SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: ~ I OCT 0 B 2002 I G.~BEc~C-D Projects,Center Po,nt(995,)\Collier Count I~erC~{{ I I ! I I I I I I I I I I I I I FROM THE NORTHEAST CORNER OF. SAID NORTHWEST QUARTER (NW 1/4) RUN WITH THE SECTION LINE NORTH 89023'53" WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35°40'08" WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD 90 SOUTH 24°19'52" EAST A DISTANCE OF 69.99 FEET AND SOUTH 54°20'16" EAST A DISTANCE OF 159.38 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 35039'44" EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54°20'16" EAST A DISTANCE OF 220.00 FEET; THENCE SOUTH 35°39'44" WEST A DISTANCE OF 400.00 FEET; THENCE NORTH 54°20'16" WEST A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. Location and address description. The 4.02 acre site is located at the northwest comer of the intersection of Collier Blvd. (C.R. 951) and U.S. 41, Collier County, Florida. 3.8.5.3 Mapping and support graphics 1. General location map. See attached Location Map. 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred feet outside the parcel boundary. This does not mean the applicant is required to go on to adjacent properties. Habitat identification will be consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available from the county, otherwise, a scale of at least one inch equal to 400feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Native communities were mapped according to the Florida Land Use and Forms Classification System (FLUCCS) and their boundaries are depicted on the attached 2000 aerial at a scale of 1"=100'. Also attached is an 8 Y2 X 11 sheet (l"=100') with FLUCCS mapping. 3. Topographic map showing upland, bathymetric contours, and existing drainage patterns if applicable. Site elevations vary form a high of approximately 9.1 NGVD to a Iow of approximately 3.6' NGVD. The site is bordered by two major roadways (U.S. 41 to the south and Collier Boulevard (C.R. 951) to the west. Currently to the south, into the U.S. 41 canal. (~i~13EC~C-D Projects~Cenler Point(9951 )~ollier County OCT 0 2002 I I I I I I I I I I I I ! I I I I 4. Existing land use of the site and surrounding area. The existing land use for the parcel is agricultural. The surrounding landscapes include: East - Undeveloped. West - Collier Blvd. North - FPL Easement & Falling Waters Beach Resort South - U.S. 41 5. Soils map at a scale consistent with that used for the Florida Department of Transportation - Florida Land Use Cover and Forms Classification Systems determinations. Soils have been digitized from Soil Conservation Service (SCS) maps of Collier County: A map detailing soils at a scale of 1"=100' is attached on an 8½ X 11 sheet. 6. Proposed drainage plan indication basic flow patterns, outfall and off-site drainage. See attached 8 ½" x 11" Paving/Grading/Drainage Plan. 7. Development plans including phasing program, service area of existing and proposed public facilities and existing proposed transportation network in the '~mpact area. See attached 8 ½" x 11" Paving/Grading/Drainage Plan 3.8.5.4 Impact Categories 3.8.5.4. I Biophysical Impacts Air quality. Changes in level of air pollutants as defined by current regulations. No impacts are expected from the ST Development in its post - development state. Appropriate Dust Control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. Number of people that will be affected by air pollution resulting from the project. With no changes in air quality anticipated, no people are expected to be affected. C. Procedures that will be used to reduce adverse impacts of air pollution. G:~BEC~C-D Projects\Centre' Point(9951)\Collier County ElS OCT 0 8 Z~L I I I, I I I I I I I I ! I I L I I Appropriate dust control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. 2. Water quality Impacts. ,4. Changes in levels and types of water pollution as defined by current regulations. The project currently has an approved South Florida Management District (SFWMD) permit and will comply with their criteria regarding water quantity and quality and will incorporate Best Management Techniques during construction. No changes in water levels or water pollution are expected as a result of the project. B. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. No water uses are restricted or precluded because of pollution resulting from this project. Persons affected by water pollution resulting from this project. None. No water pollution is anticipated as a result of this:project. D. Project design and actions which will reduce adverse impact of water pollution. The project currently has an approved South Florida Management District (SFWMD) permit and will meet all their requirements and Collier County Land Development Code requirements for water quality. 3. Physiography and Geology Description of soil types found in the area. The approximate boundaries of the single soil type found on the parcel, as defined by the N'RCS, is mapped at a scale of 1"=100' on the attached 8 ~A" X 11" sheet. 14 -- Pineda Fine 'Sand, limestone substratum: This nearly level, poorly drained soil is typical in sloughs and poorly defined drainage areas. The permeability is slow. Natural vegetation may include slash pine, chalky bluestem, wax myrtle, and blue maidencane. Bo filling ~4rea extent of proposed topographic modification through excavation, dredging, or G:~3EC~C-D Projects\Center Point(9951 )\Collier County EIS".:. OCT 0 8 2002 I I I I I I I I I I I I I I ! I I I I Modifications will be accomplished by using clean fill material that is obtained from off site. As stated in the approved SFWMD permit, 1.31 acres of Collier County wetlands are proposed to be impacted by filling. C. Removal and/or disturbance of natural barriers to storm waves and flooding. The project is located far from the Gulf of Mexico and is not subject to storm waves. No adverse impacts are expected due to development of this parcel. D. Proposed modifications to natural drainage patterns. The site will be developed according to Collier County and SFWMD requirements for design of surface water management systems. Natural drainage patterns will be incorporated into the system where possible. See attached 8.5" x 11" Conceptual' Drainage Plan. The project has been reviewed by South Florida Water Management District (SFWMD) for surface water management. (Permit #11-01987-P dated October 11, 2001). The proposed system calls for routing stormwater runoff (via a pipe and catch basin system) to a created dry detention area at the northeast comer of the parcel. This detention area has been created and sized for water quality purposes. From there, it bleeds down to an indigenous preserve/natural area, which is also used for water management purposes. The overall system has been designed to provide storage for the 25 year-3 day storm event in accordance with SFWMD criteria. Both pre and'post-development discharge is to the U.S. 41 drainage ditch. E. Extent of impervious surface and percent of groundwater area to be covered. Preliminary estimates of land use breakdown: Building 0.52 ac 12.9% Vehicle Use 1.91 ac 47.5% Impervious area 2.43 ac 60.4% Green 1.33 ac 33.1% Retention 0.26 ac 6.5% Open space 1.59 ac 39.6% Total Site 4.02 ac 100% F. Annual drawdown of groundwater resulting from use. No net annual drawdown of groundwater is expected. G. Increased siltation in natural water bodies resulting from the proposed use. G:~3EC~C-D Projects\Center Point(9951 )\Collier County EIS~ OCT 0 8 2002 I I I I ! I I I I I I I I I I I I I I The site will be developed according to SFWMD and Collier County criteria. No natural water bodies are located in the vicinity of the project, so increased siltation in natural water bodies is not expected. Best Management Practices will be incorporated during construction. 4. Wetlands A. Define the number of acres of Collier County Jurisdictional Wetlands pursuant to the Collier County Growth Management .Plan by vegetation type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their wetland function. There is a single 1.31 acre SFWMD \ Collier County wetland on the property. See attached wetland jurisdictional determination from the SFWMD for verification. The following is a FLUCCS vegetation description of the wetland community mapped on the parcel: Mixed Wetland Forest, FLUCCS 630 This community is dominated by cypress, laurel oak, red maple, and cabbage palm in the canopy. Brazilian pepper has invaded the margins and melaleuca has invaded the interior. Groundcover consists of swamp fern, wiregrass, saw grass, poison ivy, and dog fennel. B. Determine the present seasonal high water levels and high water levels by utilizing lichen lines or other biological indicators. Average natural ground height on the parcel varies significantly, especially for a small site, from a high of approximately 9.1 NGVD to a Iow of approximately 3.6' NGVD. Control elevation was established according to adjacent roads and projects and is set at 5.0 NGVD. It was confirmed by the SFWMD in the permitting process. See attached SFWMD permit. The adjacent U.S. 41 Canal is controlled by the Big Cypress Basin (Structure Hen CR-1) and is operated at 5.00 to 6.00 NGVD. C. Indicate how the project design improves/affects pre - development hydro -periods. site conditions drainage occurs from northwest to southeast. During surl review by the SFWMD, stormwater management routing calculations w, prepared by Landy Engineering. The proposed system calls for routing The surface water management system for the subject project will be designed to provide water quality pretreatment and water quality storage as required by Collier County and the South Florida Water Management District (SFWMD) design Criteria. The project is located in the Henderson Creek Drainage Basin as designated on the Collier County Drainage Arias and will be limited to a discharge rate of 0.15 CFS per acre. According to site topography, under current G:~BEC'~C-D Projects\Center Point(995 I)\Coilicr County EIS\Collie OCT 0 8 2002 I i I I I I I I I I I I I I I I I I stormwater nmoff (via a pipe and catch basin system) to a created dry detention area at the northeast comer of the parcel. This detention area has been created and sized for water quality purposes. From there, it bleeds down to an indigenous preserve/natural area, which is also used for water management purposes and has been isolated by construction ora perimeter berm. We would expect the hydropefiod of the preserve area to be greatly improved. The overall system has been designed to provide storage for the 25 year-3 day storm event in accordance with SFWMD criteria. Discharge from the site will be to the adjacent U.S. 41 drainage ditch. D. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. There is a single 1.31 acre SFWMD \ Collier County wetland on the property. Duringlhe ERP permitting process with the SFWMD, it was determined that the best long solution for no net loss of wetland function would be to mitigate for the wetland offsite. 100 Percent of the wetland is proposed to be impacted. The ACOE classified the wetland as isolated and is requiring no permit. See attached letter. The 1.31 acres of wetland on the subject property is part of a small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Beach Resort. Therefore, off-site mitigation is the method of compensation that best offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. Indicate how the project 'design minimized impacts on wetlands. On advice from the SFWMD and their preference that isolated wetlands smaller than 3 acres be mitigated offsite, the project is proposing to impact the entire wetland. The 1.31 acres ofwetland on the subject property is part of a small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Resort. Therefore, off-site mitigation is the method of compensation G:~,BEC-~C-D Projects\Center Point(9951)\Collier County EIS\Collil I I I I I I i I I I I i I I I L I ! offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. The ACOE classified the wetland as isolated and is requiring no permit. See attached letter. F. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County'Growth Management Plan. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11-01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confirms the purchase. 5. Upland utilization and species of special status. A. Define number of acres of uplands by vegetative type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their upland function. Farmer's Market, FLUCCS 142, Approximately 2.71 Acres This portion of the property contains an active farmers market. Canopy is nearly absent and groundcover is dominated by a variety of turf grasses. The area is routinely mowed. B. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. The uplands on the parcel were previously cleared and contain little or no native vegetation. Total.open space, including landscaped areas will total 1.59 acres (39.6%). C. Indicate how the project design minimizes impacts on uplands. Impacts to uplands will be minimized by meeting the appropriate requirements for open space preservation on the parcel. Provide a plant and animal species survey to include, at a minimum, species of ~eci.a.~,~~ _ OCT 0 8 2002 ~ :~EC~C-D Projects\Center Point(9951 )\Co'lief C°unty EIS\C°ll'¢~'E ~ ! I I I I I I I I status that are known to inhabit biological communities similar to these existing on site and conducted in accordance with the guidelines of the FGFWFC. Observations for protected species were made during all field visits, such as vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. Due to the disturbed nature of the property and its location at the intersection of two major roads, it is anticipated that listed species are not using the property. E. Indicate how the project minimizes impacts on species of special status. Observations for protected species were made during all field visits, such as vegetation mapping, wetland flagging, and wetland jurisdictionals. No protected species were observed on or adjacent to the property. Due to the disturbed nature of the property and its location at the intersection of two major roads, it is anticipated that listed species are not using the property. 6. Marine and estuarine resources. A. Provide current State of Florida classification of waters (Florida Administrative Code, chapter 17-3) None present. B. Define number of acres of marine and estuarine resources by submerged grass beds, breeding areas and nursery areas and their marine and estuarine functions. N.A. C. Indicate proposed percent of defined marine and estuarine resources to be intpacted and the effects of proposed impacts on functions of marine and estuarine resources. No marine or estuarine resources are proposed to be impacted. D. Estimate changes in the dockside landing of commercial fish and shellfish N,A. E. Estimate changes in the sport fishing effort and catch. N.A. Provide past history of any environmental impacts to the area including oil spills. None known. OCT O g 2002 GSBEC~C-D Proj¢cts\C*nter Point(9951)\Collier County EIS I I I G. Indicate how project design minimized impacts on marine and estuarine resources. The project is not impacting the U.S. 41 Canal, which is considered the salinity barrier in the area. Impacts are to freshwater wetlands. H. Indicate how the project design shall replace the lost marine and estuarine functions. N.A. Z Noise A. Describe changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. The pro. posed use will not generate noise beyond the existing background noise created by Collier Blvd. (C.R. 951) and U.S. 41. Noise is not expected to exceed county standards. B. Describe steps that will be taken to reduce noise levels during and after the project. All applicable standards for construction activities will be met. C. Project compliance with Federal Aid Highway Program Manual :7- 7-3. No Federal Highway Aid is being requested for the project. 3.8.5.4.2 Public facilities and services 1. Wastewater Management A. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The Collier County Utility System will be servicing the project, specifically the South Waste Water Plant. The existing plant capacity is 9.2 million gallons per day. 79.7% of the capacity is currently being used. The type of treatment is conventional activated sludge and the degree of treatment includes secondary & tertiary treatment.' C. If applicable, describe Similar features of proposed new treatment facilities. None anticipated. , Describe the character and fate of liquid and solid effluents. ~ Iq~,~3 ~ G:kBEC-%C-D Project,Center Point(995 l)\Collicr County E1S\C'~Ii _~Co. EI~I:doc ' i ! I I I I I I I i I I I I I I I I I Liquid effluents include typical domestic wastewater; solid effluents will be typical of a commercial development including various paper products, yard waste, and recyclables, etc. All solid waste products will be picked up and hauled away at least once per week by a licensed commercial hauler. The Collier County Utility System will be servicing the project. Water Supply. Estimate average daily potable and non-potable water demand by the project. Potable: 17,080 gallons per day average. Non-potable: 18,500 gallons per day average. Source of raw water supply. The Collier County Utility System will be servicing the project. C. Analysis of on site treatment systems relative to State and County Standards. None anticipated. 3. Solid Wastes. A. Estimate of average daily volumes of solid wastes. Approximately 3,780 lbs. per week or 1,350 lbs. per day. Assuming: 2 dumpster loads per week, 7 cubic yards capacity, 10 lbs. per cubic foot (2 dumpsters * 7 CY/dumpster * 27 CF/CY * 10 cu. ft. = 3,780 lbs.). B. Proposed method of disposal of solid wastes. Dumpsters on site will be provided and scheduled for regular pickup at least once per week by a licensed commercial hauler. A licensed hauler will likewise dispose of recyclables. C. Any plans for recycling of resource recovery. Recycling will be 'in accordance with Collier County's current waste recycling program. 4. Recreation and open spaces. Ao Acreage and facilities demand resulting form the new use. Based on the project being a commercial development, no increase in demand is expected from this project. OCT G:(BEC~C-D ProjecWK2enter Point(9951 )~ollier County ElS~Coll O'B 2O B. Amount of public park or recreation land donated by developer. None. C. Management plansfor any open water areas if one-half acre of more within the project. There will be no open water areas in the project. D. Plans for recreational development by the developer on dedicated lands. No lands will be donated by the developer. E. Amount of public recreation lands removed from inventory by the new use. No public recreation lands are being affected by this project. F. Development and/or blockage of access to public beaches or waters. No access to public beaches or water is blocked by this project. 5. ,4esthetic and cultural factors. A. Documentation form Florida Master Site File, Florida Department of State and any printed historic or archaeological surveys conducted on the project area. submitted to the Division of Historical Resources requesting that A request was they review the project. See attached response. B. Known historic or archaeological sites and relationships to proposed project. the Division of Historical. Resources requesting that A request submitted was to they review the project. See attached response. ~._ D_..e,~monstrate how the project design preserves the historical/archaeological integrity of A request was submitted to the Division of Historical Resources requesting that they review the project. See attached response. D. Indicate any natural scenic features that may be modified by the project and explain what actions will be utilized to preserve aesthetic values. No natural scenic features are present on the s . I! ' ' (3:~EC~C-D Projecls\Center Point(9951 )~ollicr County EIS~C ........ ~ ....... E. Provide the basic architectural and landscaping designs. All buildings, signage, landscaping, and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetseape materials shall also be similar in design throughout the site. 6. Monitoring ,4. Describe the design and procedures of any proposed monitoring during and after site preparation and development. No mo.nitoring is proposed. Sec. 3.8. 6 Specifics to address. '. I. Indicate how the proposed project has incorporated the natural, aesthetic, and cultural resources and other environmental considerations into the planning and design of the project. Upland preserves will be enhanced through exotic removal providing better habitat for upland dependent species. Attempts will be made to consolidate smaller preserve areas into larger areas to prevent breaking up remaining upland habitat. 2. List the environmental impacts of the proposed action and the reasons the impacts are unavoidable and that the impacts represent the minimum impacts possible to the environmental quality of the site and surrounding area which might be affected by the proposed use. The 1.31 acres of wetland on the subject property is part of a small isolated wetland that continues offsite to the east. The overall wetland is approximately 6 acres, but is surrounded by development & major highways. Of the six acres, 25% has already been mitigated as secondarily impacted by Falling Waters Beach Resort. Therefore, off-site mitigation is the method of compensation that best offsets the necessary wetland impacts. Even under a do nothing scenario, the quality of the wetland will continue to decline as the density of Brazilian pepper that has invaded it continues to increase and provide seed source for surrounding properties. The best option for maintaining wetland function is to mitigate this small isolated wetland offsite in a bank that will restore and maintain large tracts of environmentally sensitive land in perpetuity. Offsite mitigation has been provided for the entire 1.31 acres. As required by approved SFWMD permit #11- 01987-P, 1.86 credits were purchased at the Panther Island Mitigation Bank. See attached letter that confmns the purchase. G:XBEC\C-D Project\Center I I I ! I I I I ! I I I 3. Provide substantial alternatives to the proposed project to that reasons for the choice of course of action are clear, not arbitrary or capricious. The proposed use for this property is consistent with the Collier County Growth Management Plan and is an appropriate use for this property. The property meets the requirements of a commercial development and will provide some of the much needed commercial property for this portion of Collier County. 4. List immediate short-term and long term impacts to the environment. Short Term: 1) Construction noise. Long Term: 1) .Approximately 2.71 acres of disturbed uplands & 1.31 acres of wetlands would be developed. 5. List any irreversible or irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented. The consumption of fuels and building materials will be required for construction. Approximately 2.71 acres of uplands & 1.31 acres of wetlands would be developed. I TO 'd I I I, I I I I I I I I ! I I I I I NOTARIZED LETTER OF AUTHORIZATION July 6. 1999 : RE: 4.016 Acres Noriheast Corner US 41 & SR 9S1 Naples, FIorkla To Whom it May Con. m: Please be advised that thc following rums and individualsi have been officially engaged to serve ss authorized ascnts regarding lhe subject propert~ refe.~nced above. They are hereby authorized to make all applications for a SiandardR.e~zon~'. and F. inal Site Development plans and all permits necessary to allow construction of the proposed improvements. Butler Engineering, Inc. c~f 2223 Trade Center Way, Naples, Florida 34109 ; : ' ConsultanCs, Inc. of 11000 Metro Parkway, Fort Myers, FL .ltoylan Environmental 33912 , Mr. Anthony P|res, Jr. o,t' Woodward, Plres & Lombardo P.A. 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108 .Sipr~rcly ,"-- ~:~ic',hard A. Van W~rt~ TrUstee o~Laad Trust 27-812800-4 formerly lmown as Land Trust 50-0656 dat~ August 1:~~h, 1980, and not individually sworn an~ subscribed before m~ This ~ day of July, 1999. MwCommlssion BXl~res ~ la / ~ ~ota~ Public- ' OCT '0 8 ~ '. -- outh Florida Water Management District Regulation Department September 1, 1999 Mr. Jim Kelmer Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Ft Myers, Florida 33912 Subject: CR 95t - US 41 Parcel; Informal Jurisdictional Wetland Inspection; Collier County, S-3 / T-51-S / R-26-E Dear Mr. Keltner: The District offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, Environmental Analyst, of the Natural Resource M .anagement Division, conducted a site inspection on August 20, 1999. The project boundaries shown on the attached aerial identify the approximate limits of the property, inspected. Based on the information provided and the results of the site inspection, the jurisdictional wetlands, as defined in Chapter 62-340 F.A.C., are shown hatched in red on the attached aerial photographs. This correspondence is an informal pre-application jurisdictional determination pursuant to Section 373.421(6) and F.A.C. 62-312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application jurisdictional determination are not entitled to rely upon it for purposes of compliance with pi-ovision of law or District rules. A binding jurisdictional determination may be obtained by submitting an application to the South Florida Water Management District Ft. 'Myers office for a formal determination pursuant to Chapter 40E-4.042 F.A.C. or by applying for a permit. 003' 0 8 2002 .5o Go~,erning Board: Mi,-,~i:, 1 (';,,,ri~,m,~. Ir. lames I-{amev. lm-,~,ii ~zecuriue D/recto Mr. Keltner CR 951 - US 41 Parcel Page 2 A file has been set up at the Ft. Myers Ser';.ce Center office with pre-application materials. If you have any ftu~er questions please contact Craig Schmittler at (941) 338-2929 ext. 7739. Sincerely, .. · ! 'Karen M. JbhnSon Supervising l~rofessional Ft. Myers Service Center KMJ/cds - Attachment (Memo, Location Map, and Aerials) USACOE - Ft. Myers w/memc~, location map, and aerial DEl:'- w/memo, location map OCT 0 8 2007 PI..~HE H0. : 4~01E~4 Feb, 18 ~--'~02 02: 15PM F'2 SOUTH FLORIDA WATER t~NAGENENT D/STRICT ENVIRONITENTAL RESOURCE PE]U~IT NO. 11-01987-P DATE ISSUED: OCTOBER 11, 2001 PERMrn'EE:"SOUIHWEST FLGRICA OPPOnTUN1T¥ ,'-UNO. LLC (CENTER POINT1 222'3 TRADE CENTER WAY, =... NAPLES, FL 341C9 PROJECT DESCRIPTION: AN ENVIRONMENTAL RESOURCE PERMIT AUTHORIZING CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 4,02-ACRE COMMERGIAL PARCEL DI~CHARGING TO HENDERSON CREEK VIA THE U~-41 ROAD$10E SWALE, PROJECT LOCATION: COLLIER COUNTY, SEClqON 3 TWP 515 AGE ~E PERltrlT DURATION: Five yea~s Imm the date issued to complele co~Glruction Gl Ihs sudace water minagemen! syslem a; authorized heroin. See a~cfled Rule 4064,321, Rorida Ad.niP,alive Code. TI~ Permit L~ issued pursuant to Application No. 000914-6. dated Aug~Jst 25, 2000. Pern,.l:.tec ag~ee.~ to lloid and save the ..'*A~th lqor~da water Manage~ttent Dtstrk:l ~utd its ..juceessors h..u'mles.~ J','om any &nd, aJl clatnaSe~, ¢la.tr~,J or liabilities which ~nay by ~easm: o~ the con.~l.nJeUon, opcr~,l, mn. t~,k-~tntcnsr..,e ot usc of atUVlt, le9 auLhortted by this PermJt, ThJ.~ PetmJt ts t~ued under thc pro~,Jlons Gl' ¢l~aptcr .'173, Part ~' Flol'ldR .el. tab:te~ (F,$.), et~d the Operating A~'eeme~it Cr. mernJn~. Rt, g. L111on Ut~dcr Pa~% Iv, Chapter 373 F.,S.. bct~'e..¢. ~uth" Florida Water Manageme:',t District a~d 'thc DepaJ'u~ent of Enviru~m~eutnl Prntectlon, ;,f this Pcn.,t corts,'lt'Ltte..& c.e. rtil'iCStlOr, ol'compllRrtce ~tth mate v,atcr q~ality standards wtlere neccessa~' [1LIrSth'u'tL PtIbltc ~.,tw 92-.~30. 3;.3 U~C .~.¢Uort 1341 . u~tlesa Chis Permit i~ iSsucd pursuant to thr. net i:r,p.-o~'ernr, nl p~.ov~ston$ of .~.bsections 3T;1.4141 l}{b}, F.5.. or aa othe. rwl~e. ~tated beret.. Thi~ PellTtlt m,~y !~ tra~sfel't'¢d p~,:~.a:~t to thc apl)n~P~iate pt-ovl.ll~rls of C}I.~.pLct ~73, F'.S, ,qJld .t"-~ctlo~l,- 40[~* l .~1(17{I) aJld I2). e. ncl 4OE.4.3S](]}. [2J. a~ld {¢}, Florida ^d:1~ltlJStr.'tt!ve Cuds (F,A.C.). qtds Permit may be revolted, m:.~pended, or n.xl,l'ied at any ti.~e p~rsua, nt to ~he appropriate pr~v~iu~l~ o1' Chapter .373, F:$. crud $c~:uuns 40!~-4.3~,1 (I), [2), and {4). Ir. AC, '~lti/~ ~,erlllJt Shall he sLtbl¢Ct [o the Oetlel';d Condll,to~1s set [ortI; In Rule ~0E,-4.351. r.A C.. ~tnle$$ ~,:Hved or)nck-'titlcd Govetnl;l& ~oard. The AppllcaUon, at~¢] I. he E;tl,.qt'orlment=t Resource PcrtaIJt ~taIl' Rev~c~v Sunu. lla. ry 01' thc AI~pI~C;,UOn, all cortditftxls, arid aJI ptar~* nn¢: Sl:X'.cl~clltlor~.~ itlcorpol?.tcd by re/ereacc, are a .pArt or ti.is Pcmut A}] acti'.*il, ir.~ aLIthorlz~d by th:s Pertnlt ~hal) be InlplcTnct~l. td a~ set Iorth m the pl~l,d, spcctfleatlons, tu~d I~erfo~'mance crlttrl~, a~ se: tOrlh t~d !ncorporated in the E. nvlrmmte~tad Resotlrce Permit St~ff Rcvlew ,.qurnnl,'Lt'y. WiLl:bt 30 days ~ftcr co:nplcUon of r~nsttu etlon of ~lm pem,Jtted ac~.lV~ty. I.he Per~ttee shall ~ub~li! a w~qttcn ~tat.el~lellt ef cot'nplet.iort oJ~d ccrttt~lca~ h)~ by a registered prefe.~sional engineer or other al:propnat¢ Indlvidua/. pur.q[mn! tu the ~,pproprJat.e provisions of Chapter $73. F..R. and 5ecUons 4Ot.:-a.:~Gl a.nd 4OF..4 RRI. F,A.C, i~t :Jla e'.'~.nt the proIJerL;/ Is sold or ot. he. rwiae ¢ollvcycd. the Permtttc¢ ~qll fail.lift [labia for complia~:ce with th~ P~r~tu% tlnttl tr,~nR~'rr (10 (~9 SPECIAL CONDITIONS). GENERAL CONDITIONS). SOUTH FLORIDA WATER MANAGEMENT DISTRICT, gY ITS GOVERNII~3 BOARD Origina~ signed by BURNS S'/. ASSISTANT SECRETARY ~ apploved by [he Dl~idct pttl*$%tant tn Rule 40E. 1.6]07. K.A.C, SPECIAL ~ND ~£HERAL ~ON~OHSARE ~$ FOLLOWS: SEE PAGES 2 SEE PAGES 3 5 OF S FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER M/~IAGEMENT DISTRICT ON ORIGINAL SIGNEr;,- -,TE[NNIFE R DEPUTYCL~RK PAGE 1 OF 5 IEROrl : ~LD PI-DI'tE hD. : 4305664 SPECiAl, CONDITIONS MINIMUM BUI~O[:4G FLOOR EL~.:VATI(';Iq; 10.75 FEET IqGVD. MINIM~JM PARKING Lt?I' BLE'JATION: 8.5 FEET kIG%'D. DI .~C~ARO~ FACILIT! g$: I-.25' DiA. CIRCULAR ORIFICE WITH INTM AT EL~. 5' NGVD. 88 LF OF 1.5' DIA. REINFORCED CONC~E PIPF CULVERT. R~IVZNG BODY : t:S-41 ROADSID~ SWAL~ CONTROl, ELEV : 5 FE~T NG~- /5 FE~T N~D DRY 4. ,~Z PE~4ITT~E S;~LL BE RESPONSIBLE FOR TNZ CCRR~CTION OF A~ EROSION. SNOALING OR W~TER ~ITY PROBL~'~S THAT RESULT FROM TMZ CONSTRU~ION OR OPE~%TION OF THE SURFACE WATER I~NAG~MENT .SYSTEM. - 5. MEASURES SHALL 8~ TAKEN DURING CONSTP. UCTION TO INSURE T~AT S~DIM~ATION ~ND/OR TURBIDITY PROBLEMS ARE NOT CREATKD IN TI{E ~ECEIVING WA'~ER- 6. ~NE DISTRICT RESE~.VES 'I'ME RIGHT TO REQU~RZ THAT ADDITION~ WATER QUALITY TR~ATMmNT METHODS BE i.~CORPO~TED ~NTO TH~ OP~INAGE SYSTEM IF SUCN MEASUFES NECESSARY. 7. FACILiTiES OTHER TR~ THO.~Z STATED HEK~N SI{ALI, NOT BE CONSTKUCTE~' WITHOUT APPKOVED MODIUiCATION O~ THIS ~ERMIT. OPE~TIOU 0F THE SUK~ACE WA~ER ~2~AGEMENT ~YST~ ~SHALL SOOTIEST FLOFiDA OPPORT~i~Y F~';D LLC. · 9. ACTIV~']'IES ASS(~TIATED WITH IMPLEMENTATION OF THru WZTL~D MI~IGA'rlON, MO};ITORING AND ~Ig~N~]CE SHALL ~E IN ACC0~.~CE WITH TNE FOLLOW'lNG WORK SCHEDULE. ANY DEVIATION PROM TM~SE TIME F~MES SHALL REQU1RE FOR~L S~D APPROVe, }~DE IN WmITING ~]D $~ALL INCLUDE {1) REASON FOR THE MODIFICATION; (2) PRO~)~ED START/FINIS~ DATE~: ~ND (3) PROGRZSS REPCRT 0N TIIE STATU~ OF THE ~XlS?ING M~TIGATIPN EFFORTS. COMPLETICN DATE ACTIVITY I~0V~MBER 30, 2Q01 SU~MIT DCC~NTATION OF PURCHASE OF MITIGAT;.ON CREDITS 10. PRIOR TO CONST~,UCTION ~D NO ~TER TH~ NOV~B~R 30. 2001~ PROVIDe: THE DISTRICT WITH A L~'ER OF C0~4ITMENT FROM T~E p~TMEK ]S~D MITIGATION B~K (SFWMD PE~IT NO.11-000C2-M) D~ON~T~TXN~ THAT THE B~K ~S CREDITS AVAILAPLE ~ THE ;~P, t4ITTEE ~S ~URC)IASED 1.86 CREDITS AS MITXGATION TO OFFSET 0F WETLanD IMPACTS. 'FROM :ALD C. ENF.~:AL CONP I'rIONS F~b. l~ 2~02 0~: 1~1~1 P4 p~:PJ,IIT i,w.): _i .t~.~¥~ "-F PA'3 ". -1 O[' ALL ACTI'JITIEf:; .~I).'TMCRIZED BY 'l'I4. I.5 Pi:P. MIT SHAIJ, tie I[dPLEMENTED A~ SE'? FORTH II,; PL.~,i'~$, SPECIFICA".'-'ONS .~ID pERFORI't,'~ICE CRITEB. I'.A AS APPROVED !~.',' q'14IS P£R.~:i'I. ANY DI~VII'.TIO,'.[ FROM TH~ I:EP24IT'I'ED ACTIVITY AND THE CON~.)tTIONS FOR UNDERTAKI~U'D THAT A,CTIVITY SI4ALL CONST.T'POTE A VIOLA~I'ION OF THIS PERMIT AND PART IlV, CHAPTF..R 373, W~il$ P£RIdIT OR ~. COPY THERFOF, CO~4PI,ETE WITH AK,L CONDITIONS, ATTACHMEN',"S, EXHIBITS, A~ID MODIFICATIONS SHALL F~. K£PT AT THE WORK SITE OF THE pERM£TTED ACTIVITY. THE COMPLETE PEP, MIT S~ALL BE AVAILABI,E FOE REVIEW AT TI4E WDRK SITE UPON REQ[:~]ST BY THE DISTRICT STAFF. '~.'HE PEi~IdlTTF. F. SI~ALL REQUIRE TItE CONTI~ACTOR T9 RELI. EW THE C.LMPLE'TE PERMIT P~,fOR '1'O COMMIr, I'4CEMENT OF THE ACTIVITY AUT~-IORIZED BY TRIS PERM!'I'- 9.CTIVITIE$ APPROVED BY THIS PEr, MI? SHAI~L BE CONDUCTED IN A M,~,I~IER WHICH DOES NOT CAUSE VI,DLATI(~'N$ OF STATE WATER QUALITY STAJ~IDARDS. Ti-iE PERMITI'~I:: SMALL IMPLEMENT BEST IIA~IAG~;MENT PI~ACT!Cg$ FCR EROSION AND POLLUTION CONTROL TO PR£',~ENT VIOLATION OY STATE WATER QUALITY STAJ~;DARDS. TE`MPOF,~,RY EROSION CONTROL SHALL BE IMPLEMEN'II~D ;RIO~ TO AND DURING CONgiTRUCTiON, AND PEP, MANENT CONTROL MEASURES Si-IAbL B~ COMPLETED ] DAYS OF AI~rf COM~TRUCTION ACTIVITY, TURBIDITY DARRII~RS SMALL BE iNSTALLED M~..'NTAINED AT ALL, LOCATIONS W'HF.~E THE POSSIi~]~LITY OF TR.,%.NSFERRING .c-USPENDED SOLIDS II<'l"O TI'IE RECEIVING %;ATERBODY EXISTS DUE 'IO THE P~.I~-I'IITTED WORK. TURi~IDITY BARRIERS S~4AL, L REMAIN IN PI.,AC~ AT ALL LOCAT~Ot~;S UNTIL CONS'I'RUCTION IS CQMPL£TED Al'ID SOILS ARE STABII,lZ~D AIqD VE,.LETATION MAS BEEf; ESTABLISHED, ASh pRACTICES S~b\LL BE !M ACCORD,;M',IC5 WITH THE ~3UIDELINES A/ID SPECIFICATIONS DESCRIBED IN CH~APTER 6 OF T]<E FLORa{DA LAI, rD DZ¥'ELOPM~T [,IAI'.~kL; A GUIDE TO SOUND LA.ND AND WATER M3%NAGEMEI'lT (DEPARTMENT OF £I~iVIROt';MEI'ITA!., KF.G[3LATIOI'I, 1988), INCORPOPATED BY REFERENCE IN RULI~: 40E.-4.091, F..~,.C. UNLESS A PROJECT-S?F, CIFIC EROSION AND SEDIMENT CONT~0L PLA/'I 'rS kPPRCVED AS PART CF TRW. PERMIT. THEREAF'I"F,R TI4E PERMIT'I"EE'. SMALL BE R~$POMSIBLE FCR THE REMOVAL OF THI~ BARRIER.~. TIlE PEP. MITTE~. SMALL CORRECT AII¥ ERO$ICN OR SHOAb!NG T.qAT CAUSES aDVERS£ ..'.NPACTS '[O TIIE WATER PF. SOURCES. 'Ta~.' PEP. MITTEE SHALL I'IOTIFY TIlE DISTRICT OF TI4E ANTICIPATED CC, NSTRUCTION START DAT5 WITHIN 30 DAYS CF THW.. DATE THAT TI-IlS PER~4IT IS ISSUED. AT LEA.gl' 48 HOUP. S PRIOR TO COMI4ENCEI4ENT OF ACTIVITY AUTIiORIZED BY '['HIS ~EP, MIT, THE pERMI~'rEE SP.~LL SUBMIT TO ?H~ DI,~JTPlC? AI,I E.MViRONM~,MTAL RESOURCE PERMIT CCNSTRUCTtON CLMMEMCEI.:ENT NO'ri[CE IlO. 0960 INDICATING THE ACTUAL 9TART DATE ANt0 'raE EXPECTED COMPLETION DATE. %~HEI, I THE DUR. A?IC'N OF CONSTRUCTIOI'I WILL EXCEED ONE yF. AR, THE FEP, M£TTEE SMALL SUBMIT CONST.~UCq'iON ,e. TA'I'[.~S P, EPORTS T¢.) TI-iE DISTRICT ON ,~.t; ;kN}IUkL 3ASIS Ui'ILI%IN,2; A_N STATUS REPORT r(}~'M. S'I.~.TUS ..REPORT FORMS Si-fALL BE SUBMf'ITED T~E FOLL%~%'IING JI. rNE OF EACII YEAR. WI'r}iIN 3C DAYS AFTI~R COMPLETION OF' CO~I$]'Rt~CTIOM CF THE ?ERI-1ITTED ACTIVITY. THE PE~::MITTEE SHALL SUBMIT A WRITTEN STATEI~EI'IT OF COMPLETIOM ,'%ND CERTIFICATION I~Y A ~<EGiSTSP..ED ;'.~OFESSIONAL F.,',IGiNE~;R OR OTHER APFROPR?~ATE I~IDIV!DU,~.L AS AUT~qORIZED Bv LAW, UT!!.oTZING THE SUPPL, IED ENV.[RONMENTAL RESOURCE PERMIT CONSTR~3CTIUN COMPLET!ON/COI'ISTRUCT!ON CERTIFIC.%TION FOP, It N0.0881. THE STA'IEMENT CF COMPLETION · %ND CERTIFICATION SHALL SE BASED ON ONSITE OBSEP. VATIOi'I OF CONSTRUCTICN OR Ri.VIE','.! ASB!3IbT DRAk'I'NCS FOR THE' PURPOSE OF DETERMI. NING IF T}IE WOP, K WAS COMPLETED IM CO!4PLIAI'iC_~ W?;.'Iq PEP. BITTED ?LAMS AND SPECIFICATIONS. TI4IS SUBI.!ITTAb SHA&L SEP3JE "~' NOTIFY TI4E DISTRICT THAT T}tE SYSTEM IS READY FOP. INSPECTION. ADDITIONALLY, 1P DEVIATION FROM THE APPRC'VED DKAWING,C. ARE DISCOVERED DI.I~.IN9 .CME CERTiFiCATICN PP. OCESS, 'If[E, CERTiFiCATION }lUST BE ACCOI~IPAI'IIED BY A COPY O? TI4E 5PPROVED pEKI,~IT DRAWINGS WITH DEVIATIONS NOTED. BOTI-'.' THE Om%('.~INAL AMD I%E'VISED SPECIFICATIONS 5V,.1ST BE CLEARLY Sl.lr3e.~. THE PL;~N..~ MUST BE CLEARLY L.AB£LED AS 'ASDUILT" Or{ 'RECORD" ;~.LL .LURV-*"~ED DiMENSION-e, ;..l'ID ELL'%;ATIONS SHA1..%o 8E CERTIFIED BY A REGISTERED THE OPEI~ATIO.M FI-I.ASE OF THI. S PERMIT SI43~.L[~ I'IOT BECOME EFFEC'i'IVE: ,OMi'iL TILE' MAS CO}IPL-.'r.-'D Wi~f'l'! THE REQUiREI.IF.~ITS OF UONDITI~.)NI (6; ABOVE, M.'-~-c SU;-I~IITTED A FROM : ALD Pt-.I-_'~t.IE I'0. : 43016,64 f:'A(; ~-, 4 C,F FOR COI,F~tF. RS IC;N OF E~D;IROI'Ct4ENTAL RESOURCE PERHIT FROM CONSq, RUC'Tit)N PHASe: TO O?EI~AT[OH pHASE, FORH !,:O.0920; THE Ii;'t'STFtICT D~TERMII,~£S TI4E SYSTEM TO BE It; COHPLI.~NCE WI'iH PERM~[TTED pLANS AJqD SPECIFICATIO;~]$: AND THF. ENTITY APPROVED BY TFIE DISTRICT iN A,CCOF. f.3~CE %':I'i'~ SEC'I'IDNS 9.0 AJ,'D 10.0 OF THF. BASIS OF REVIEW FOR F. NVrROIx'MENT'AL RESO'JRf;E PEP,;',IT API.'L1CA',"ION,5 WLTilIN THE SOUTE FLORIDA %'lATER HAN'AC, EMENT DISTRi. CT -' AUGUST 1.9.95, ACCEPT:~ I~E~PO~'iS~'B'~b]'TY FOR OPEP, ATION AND 14AINTENA. NCE OF THF. SYSTEM. TH~ PEPMIT SHALL NO'I BE 'I'RANS-~ERRED TO SUCH APPROVED OPERATION kND M,KINTI::NANCE ENTI.'£'z' UNTII, THE OPI~.P, ATION PHASE OF TIlE pERM'['t' I~ECOMES EFFECTIVE. FOLLOWING ~N,c3?,~CTION AN9 ;~.~PRC..VAb OF Ti4E PER/4ITq'I~D SYSTEI.~ BY THE DiFTR~CT0 THE PEP, MITTEE SHALL INITIATE T~.A_NSFER OF '£HE pERMIT TO Tile APPROVED RESPONSIBLE OPERA'[ING ENTITY IF ~IF.~I~REN'F FROM TF1E F~"I~ITTEF. ~TIb THE PERNIT IS TRJ:u'qSFET~RF.D PURSU;%NT TO SECTION 40Eo!.6107, F.A.C.. THE PERMITTP-E SHALL BE LIABLE FOR COMPLIA/'ICE WITH THE TERM,~ OF - TI4E PEI%MIT. E.AC:'{ PEASE OR INDEPENDENT FORTIOli OF 'I:HE PEkMITTED SYSTEM MUST BE COMPLE'I"F~D IN ACCORDAI~ICE %,i~'r.q T.qE pEP, M!TTIZD PL!-,NS ~ND PEP/lIT CONDITIONS PRIOR TO THE I~]r'rIATICN OF THE p~.F.MITTED US~ OF SITE INFR~$TRUCTURF- LOCATED W.'r/I'MIN THE A~A SERVED BY '})I4AT ~ORTION OR PH~.SE OF THE SYSTEM- EACh'{ PEASE O1~ INDEPENDEI']T PORTION OF THE ~;YST~ F. UST BE COMPLETED ~N ~.C(:ORDAt'~CK WITH TIlE pERtIITTED PLAI';S A~l'2 PER~.]T COI,:DITIDNS PRiCP TO TKA31SF~:.:?. OF RE~POt;$IB~rL~T¥ FOR OP~2RATION ~D M~ii`iTENkNC~ OF THE PH.~-SE OP POF. TIOM OF THE SYST~(.! TO A LOCAL GOVER3,YMENT OR OTHER RESPOt-~SIBLE 9. FC:R THOSE ,gyS'I'EI':S THAT WiLL Be. OPER,ATED OR MAINTAINED BY A.],I ~-~TI.'?Y TI-tAT WILL REQUI./E AJf EASEI'iE;'~T C'R DEED F. ESTR~.C'IiON IN ORDER TO EtlABLE THAT ENTITY T0 OPERATE MA1H'!'AIN THE S'¢STEM I~,' CONFO9.MAt~C~. WITH 'IH,%.q PER~IT, SUCH EA,,EI~I.~N~ OF~. DEED RS,'~TR,r.c?Ic,['I MUST E~E RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO THE DISTRICT ALONG VII'TM ;.~3.IY OTHER FINAL OPEF~.'?ION AN[) t,~AINTF, NANCE U. OC'3~4ENTS REQUIRED BY SECT!O~4S ?.0 .~.I.ID ]0.¢ OF THE BASIS OF RE\;-_E'¢~' FOR ENnffIROI~-M]5;NTA-L RESOURCE F'~R}IIT APP]'.,IC-tVI'IONS WIq'HIN THE ::'.;Ob~'['~'; PLOP, IDA WA'I'ER M3~N,~G~,~4E;~1'I' DISTRICT - AUGUST 1995, PRIOR TO LOT OR L'i':~r'l' SALES OR PR.T.C,R 'fO THE COHPL,ETION OF THI~ SYSTEM, %,.'HI'.,'HSV~R ,')CCUPS FIRST. OTHER DOC(,."ME~'~TS CO~]CERNft;¢; THE ESTA~%LTSHt.~EN'T ;CD AUTHORITY OF THE 'CpERA?It3(~ ENTITY MUS'r FTLED %ViTi'l 'THE SECRI~TAR¥ O? ST~,TE WHERE APPROPRIATE. FOR TH()SE S':'S'IEMS %,;F..[CH ARE p~.OPQ$1~D TO BE MAINTAIMEO BY THE COL~,gTY OR MU'NICIPAL ENTITIES, FrNaL OPEP. ATION AI~ I,b%INI'FI'IANCE DOC[.rMEiqTS t-xU$C FE RECEIVED BY THE DISTRICT WHEN ~.L~INTENANCE AND OPERATION O? 5'HE SYSTEM IS ~,CCEPTED BY TM~: LOCAL GOVEF-,NMENT ENTITY. FAILURE TO .~iI~MIT THE A,':FPGPRiATE FINAL DCC'JMENTS WILL RESULT Il'; "[HE pERMITTER REM,~INING LIABb~ FOR CARRYIIf'3 CLY~ ~.aL'rl'~£MA]qCE A/')D OPERATION 07' TF]E PER~IITTED SYSTEM AKD A$~( PEP,~'II T COI'4DITiONS. ,-~O_NC. REQ'JiRE C.'-U~4QES TO TI4E PEP.1.'IITTED SYSTEM, THE SFI¢)t.tLD /-d4'¢ OTHER RI~,.C,I.ILATO'.q~ ' '~ v PF, RI4ITT£E S[IALb NOTIFY TI-IR DISTP. ICT I14 WRITING OF THE CI4ANQES PRiO~ TO A PER)lIT MOP. IFiCATION iS .,.MpI,~..I~;JA..~..! THAT A D£TERI4INAT!ON C;~'%' B~ ~%ADE WHF.'~HER KEQUIRED· !1. THIG FEP, N.'[W 30£'2- NOT ELIMINATE THE KECE$SITY TO OBTAII'] AAP! p~.QUTRED FEDERAL., GOCAL AI.3D :;PSCIAI, DI'$TRICT AUIHORI2ATIONS PRIOR TO THE START OF ANY ACTIVITY AI~PROVED BY THi~ FERMJT. THIS F'ERM~T DOES NOT CC~P,'£¥ TO T.qE PE~3~I?TEE OR CREATE rN ."'HE E:ERM~'i"I'E~ ~{'f P,'~OPER'£¥ KIGHT, OK A.NY II~TER~S'I IN REAL PROPER'VY, ~©R DOES IT .m,I~THOR][ZE ~¥ [N'I~'~NCE UP. OM OR ACTIV1'I~ES ON PRO~SR?¥ WHIC~ ES NOT 0'/4~.0 OR CO!';'i'R0~,LF.E' ElY TNE PERMITTE~. OP. CO[A;EY A~rY ~IC, H. TS OR PP. IVIbF. G8S OTNEP THAN TRO,.c.E SPECIFIED IN I'HF. PERMI'~ AND CKA~TER 40E-4 'OR CHAPTER 40E-40, F.A.C. THE PER~ITTEF. :S MER~BY ADVISED THAT S£¢.'TIQN 25~.77, 'F..~. .qTATES THAT A PEP. SON i'IOT COMIIEI'fCE AI4Y EF~CAVA'IION, CONSTRUCTION, OF, OTI-:ER AC'£IVI'?¥ !~,;OUVIN~I THE USE OF SOVEREiGt! OR O'rHER LANDS OF THE STATE, THE TITL~ TO WIIlC~t IS VESTED IN THE BOARD OF' TRUSTEES ¢)F T:-IF II'TTERNAt IMPROVEMENT TRUST Ft.3~TD WZ'I'HOUT OBFAi~'~ING THE R£Q~3~KED %EASEo L!CI:],,'S'~, EASEMF. NT, OR OTHER FOP~ OF CONSENT AUTHORIZING THE PRC. POSED US~. THEREFORE, THE PEP341rT'2. FE IS Rg,qPONSII~LE FOR OBTAINING ANY NF. CE$SARY AUTHORIZATIL)K$ t,/UJD_c OR .'-ROt'f TM~ Bf:AF, D 0~' TR.3,TE.F..; P~ICR TO COMMEI'ICING ACTIVITY ON $OVEREiG,NqY OTHER ~:.;'I'~TI.:'-.O~;i,~ED LANDS. FROI? ~ ALD PHONE 1~113. : 4~01664 Feb. 18 ;_'002 02: l~c't"l F6 pEK,MiT ~,;<' -' I' l:AGb', f: OF ':. -4 15 if, ~? ~73.,K$S ~'ME WCRK QUALIFIES ~OR A GENERAL ~,E~WI'~' t~(3RSUAN'~' TO S~3BSECTIO57 40E-20.302{~) , F.A.C., kLSO ~40~4 AS THE "NO NOTICE" RULE. ~HE PEB.I,]~TT~E SI]ALL HOLD ;~D SAVE 'PhE D~STRICT HA~LE~S FRO~ ~' ~4D ALL CLAIMS, OR I,,IABILfTIES W8~C~I ~Y AR~SE BY REASON OF THE CONS'L'RUCTION, ALTE~-%T~ON. OPE~TION, ~,I~'ENANC~, REd,OVAL, AB~;DO~ENT OR USE OF ~ SYS']'EM AUTHORIZED ~ DELi~;~?IOrl O¢ THE BXTB~ OP A WST~D OR OT~[ER S~FACE WATER SUBMITTED AS PART OF THE PERMIT APPLICATION, INCLUDING PLUS OR CTMER SUPPORTING DOCL~E)TTATION, ~;~ BE CONFIDERED BI~:DIMG t~,]LESS A SP~.CIFIC CONDITIOL' OF THIS PE~IT OR A 'D~Br~/NA~IO?I I~;Q~R SECTzON 373.421(2~, F.S., PROVIDES DT;tERWISE. T~ PEr, II,TEE SHALL N(~IFY TRE D/STRICT IN WRITING WI'TMON 30 DAYS OF .~r[ SALE. COI¢¢ZY~C~, OR O~i{ER T~SFER OF O~ERSHIP OR CONTROL OF A ~ERMITTED SYSTEM ~.~b ~RO~ERq'Y ON W~{IC]{ THE PEN}fITTeD SYSTEM IS ~CATED. ~.L[: T~SFERS OF OR TRA~SFZRS OF A PERI4IT ARE SUBJgCT TO THE REQUIREMFNTS OF RUbeS 40E-1.6105 40F-1..6107, F.A C....Tt~E PERMITTEE TRAf~SFERRING THE PERMI? SHALL RE~IN LIABLE FO~ COP, RECTIV~ ACTIO%'~S TRAT ~Y BE REQUIRED ~S A RESET OF ~ VIOLATIONS BRICR TO TRE SALE, CCI~'EY~CE OR OTHER T~SFER OF THE SYSTEM. ]DE~ITZFICATiON SH.%LI, HAV~ PEPz. IISSZON TO E~EM., INSPECT, S~;LE ~D TEST THE TO I~SURE CO~FOP~ITY WITH THE PLANS ~D SPECIFICATIOMS APPROVEO BY THE PE~IT. IF HISTORI%'AL CR aRCMaEOLOCICAb ARTIFACTS ARE DIS¢]OVERED A'[ ~Y TI~4E ON THE ~ROJECT SITE, THE ~E~-~I~EE ~HA[,I, IMMEDIATELY NOTIFY THE APPBOPRIA'fE DISTRICT SERVICE CENTER. TWE PEPJ{ITTEE S~LL Ib~EDIATELY NO~IF'¢ TWE DiSTRiCT IN WRIT~ OF ~Cf PKEVIOi)SLY SU~blITT~D INFOR~TZON THAT IS LATER DI~CO%'~R~D 50 BE INACCU~TE. : PI--tortE PrO. : 4301F-~-,4 F~b. 18 ~.'002 02: ~._.OF'M F'7 I~NVIRONIVIENTAL RESOURCE PERMIT CHAPTER 40E-4 (10/'95) 40E-4.321 Duratior~ of Permits (1) Unless rr,,.,oked or othe~w;se modified Ihe duration of an environmenlal resource permit issued under this chap!er or Chapter 40E-40, F.A.C, is as follows: (a) For a conceptual approval, two years frcm Ihe date of issuance or the date specified as a condition of the permit, unless within tlaat period an application for an individual or slandard general permit is filed lot any portion of the project, Il an application for an environmental resource permit is filed, lhen the conceptual approval remains vahd until final action is taken on the environmental resource permit application. If the application is granted, then Ihe conceptual approval is valid for an additional two years from Ihe (:{ate of issuance o{ the permit. Conceptual app;cval$ which' have no individual or standard general environmer, ta; resource permit applications flied for a period of two years shall expire automatical!y at the end of the two year period. (b) For a conceptual approval tiled concurrenHy with a develupment of re,,J;orml impact ([)RI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration ct Ih5 conceptual approval shall be two years from wh:cSever one ol th.e following occurs at the lalest date' 1. the .efJective date of the local government's comprehensive plan amendment. 2 the effective date ct the local governmenl developmenl order. 3. the da',e on which the [)istrict issues the conceptual approval, or 4. ~he latest dale of the resolution of a,'~y Chapter 120.57, F.A.C., adm;nistr'~tive proceeding or oilier legs; appeals. For an individual or standard general environmental resource car ,mil, live years trom ;he date of issuance or such amount o! time as made a condit:,on ol the permit. (cf) Fcra noticed general permit issued pursuant to chapter 40-E-400, F.A.C., live years from the date the noli,:e of intent to use Ihe permit is provided to the District. (2)(a} U~less prescriOed by special permit conditior', permits expire automatically according to the limeframes indicated in this rule If application for extension is mado in writ,ne pursuant to subsection i3), Jhe pe,,'nit shall rer'~ain in full force and effect until: 1. !he Govern,ag Board takes action on an epphcation for ex!ension Ct an individual permit, or 2. slaft takes ac-tiqn on an application [or extensior~ cF a standard general permr. (b) In~tallation c:l Ihe project outfall structure shall not constitute a vest~ng of the permit. i3) The permit extension shall be Issued provided that a permit?.6e files a written request with the Distrmt showiPg ;cod cause prior to the expiraticm of the permit. For the purpose ot Ih~s rule, good cause shall mear~ a set of exlenuating circumslances outside of the control of the pe~rnittee. Requests for extensions, whictl shalt include docurnonlalion of Ihe extenuating circumstances and how they have delayed th~s project, will not be accepted more than 180 days prior to the expiration d~te. (4) Substantial modihcations lo Conceptual Approvals will extend Ihe duration of Ihe Conceptual Appruval for two yea. cs from the date of issuance ol the modification, For the purposes of this seclio~, Ihe term 'substantlet modification" shall mean a modification which is reasonably expected to lead :0 substantia;ly different water resource or environmemal impacts which to(; .e a d~ ...--.i.ed review (5) Substantial modih~Jation~ to individual or standard general environmental ;esource perrrtits issued pursuaF~t lo a permit application exlend the duration of the permit for three years Irom the date o! i~suanco oi the 'modification, Individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued.pursuant to subsection 40E-4331 (2)(D), F.A,C, (letter rnoditications) do not extend the duration of a permit. (7) Failure Io complete construction or alteration of the surface water management system and obtain operalion phase approval from the District v/i~hin the pecmit duration shall require a new authorization in order to continue construction unless a permit extension is granled. specilic. &:JthorH/373 O,-'4. 573.: !3 F.S.L.,~w Irnplerne,'~l~'d 373.413. :373.416. 373.41¢1. 373 $2R F.S Hif:lo'"Y-I'J.~'.v A~ncndc'd I-3~ 82. 12-1.$;, Fo~,me:l',' t6K .1.07(.$~ ArHendo,d ;'.;-86 4/;20,~J4, Amend~ 7.1.86.4.'2C,"D4, 13.3-~S C) O C) O C.R. 951 i0CT082002 i C.R. 951 ~s) W Z n Z Zl <C OCT 0 B 2002 O © C.R. 951 d ~u Z SOUTH FLORIDA WATER MANAGEMENT DISTRICT FORT MYERS SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901 (941)338-2929 ° FL WATS 1-800-248-1201 · Suncom748-2929 · Fax (941)338-2936 · www.sfwmd.gov/org/exo/ftrnyers/ CON 24-05 Environmental Resource Regulation Application No · 000914-6 November 29, 2001 Patrick Moorton Southwest Florida Opportunity Fund, LLC 2223 Trade Center Way Naples, FL 34109 · ; Dear Mr. Moorton: Subiect: Final Monitoring Report, Environmental Center Point Collier County, S3/T51S/R26E This letter is written to inform you that on November 26, 2.001 this office received correspondence demonstrating that 1.86 credits have been purchased from the Panther Island Mitigation Bank. Thus, environmental Special Condition Number 9 and 10 of Permit 11-01987-P has been satisfied. The District appreciates your efforts to maintain compliance with the environmental conditions of the permit. Please be advised that this notice pertains only to the environmental special conditions of your permit. Should you have any questions or require further assistance, please contact me at (941)-338-2929. Sincerely, Hal Herbst, Senior Environmental Analyst Environmental Resource Compliance Fort Myers Service Center OCT 0 8 2002 GOVERNING BOARD EXECLITIV£ OFFICE ~F'RVICE LENT£R Michael Collins, Chairma,, Michael D. Minion, Vice Omirman Mitchell W. Berger Vera M. Carler G~rardo B. Fernandez Patrick J. Gleason Nicolas-J. Gutierrez, Jr. Harkley R. Thornton Trudi K. Williams Frank R Finch. P.E., Exrcntive Director James E. B ount, Chicf~,fSt,!ff Chip Merriam, O:rcch,r RESOLIJTION NO. 02 - RELATING TO PETITION NLrMBER ST-2194 FOR A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT AN 11,200 SQUARE FOOT DRUG STORE AND A 266-SEAT RESTAURANT ON PROPERTY ZONED C-3ST, LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes has conferred on Collier County, thc power to establish, ex>ordinate and chrome, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 91-102 as amended which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Commissioners, being the duly elected constituted board of the area hereby affected, has held a hearing in regular session as in said regulations made and provided, and has considered the advisability of allowing the construction of an 11,200 square foot drug store and a 266-seat restaurant as shown on the attached plans, Exhibits "A", "B", "C" and "D', in a C-3ST, Commercial Zoning District with Special Treatment Overlay for the property hereinat'ter described in Exhibit "E", and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and is in accordance with Section 2.2.24 of the Land Development Code for the unincorpor_ated 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 IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Petition ST-2194 filed by Michael I.andy, P.E., of Landy Engineering, representing the Southwest Florida Opportunity Fund, with respect to the property more particularly described in Exhibit "E" which is attached hereto and incorporated by reference herein, be approved for a Special Treatment Development Permit allowing the construction of an 11,200 square foot drug store and a 266-seat restaurant as shown on the attached plot plans, Exhibits "A", "B", "C" and "D", in a C-3ST, Commercial Zoning District with Special Treatment Overlay wherein said property is located, subject to the following conditions: 1. Permits or letters of exemption from the U.S. Army Co~ps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/coustmction plan approval. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. Minor revisions to Special Treatment Development Permit No. ST-2194 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST-2194 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY: DWIGHT E. BROCK, CLERK JAMES N. COLETTA, CHAIRMAN DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjori~M. Student Assistant County Attorney h/ST Resolution -2- OCT 0 8 2002 J I · T DE;Y~L~OP~I~qT APPLICATION ~T~ DC~E~W~"NT PLAN L.'~7100 Cenlet PoinBE714)Oa.o~, 9t23/2002 3:48:38 PM Il!! )_-_= !I L 'Exhibit OCT 0 8 2002 { THIS INDENTURE is made.this 6~ day of ~- , 2000, between RICHARD A. VAN WERT, with a mailing add~ess Van Weft, Zimmer, Bonesteel, Conlin & McCan~_, P.C., One _Mill.tlR Drive, .Lexington, Massachusetts 02421, as.~h.e success_o_r~T~r~_s_~.e_~e · ,~r LAND TRUST NO. 27-8128-00-4 (formerly Known as mu not individuaZly, a? . he 'Gr_a?.to.r:, ~.~~ ~TD~ OPPbRTU~IT~ FUND, L.L.C.; a ~-or~aa ~.~,~1~''"~0 Co'-~---~v, with a mailing address of 2223 Trade Center consideration of the sum oE ONE MILLION O1TE HUNDRED ousA D 00/100 DoL U ¢$1,150:000..00 : an. other=goo__d anadnd valuable considerations in hand paid, Roes hereby grand, convey ~nto. the-Grantee, the following described real property, Situate' lyLng a~d.-being in Collier county, Florida, together with the tenements and appurten.ances thereunto belonging, to wit: Northwest quarte~= (NW 1/4) of Section 3, Townshi9 51 S~uth, ~Range 26 East, Collier County, Florida: From the Northea~tl corner of sai,~ Northwest quarter (~W 1/4)~ run w~th the Sec']:ion line North B9"23'53" West a distance of 324.27 feet to the' East right-of-way line 6f State Road #951; thence with said right-of-way line South 35"40'08" West a distance of 887.72 feet to the true POINT OF BEGINNING; Ther~.c_e continuing wit.h said right-of-way line South B5"40'08" West a distance of 365.0 feet to its junction with the North right-of-way line of State Road thence with the right-of-way line of State Road #90 South 24"19'52" East a distance of 69.99 feet and South 54"20'16" East a distance 'of 159.38 feet; thence North 35"39'44" East a distance of 400.0 feet; thence North 54"20'16" West a dist_~nce of 220.'0 feet to the POINT OF~ BEGINNING. Parcel Identification No. 00724640005 Parcel 2 (Collier): The Northwest quarter (NW 1/4) of Section 3, Township 51 South, .Range 26 East, Collier County, iFlorida: ! ~ From the Northeast corner of said Northwest quarter (NW 1/4) run with the Section line North 89"23'53" West a distance of 324.27! feet to the East ri~.t!of-way line of State Road %951; thence with said right-of-way line So~th 35"40'08" West a distance of 1252.72 feet to its Junction with the North right-of-way line of State'Road %90; thence with the right-of-way line of State Road'#90 South 24"19'52" " distance of 69.99 feet and South 54"20'16" East a d~ i~~A of 159.38 feet to the true POINT OF BEGINNING. ---- Exhibit "E" Page 1 of 2 The OCT 0 B 2002 I . O0 feet;lthence South -. ~*o~-,'~· East a distance o~. _.. ~-~e. thence Nor~ ~=o~Q,a~· %lest a dist~ce _~ ~n ~et to the POI~ OF .. : ' ' "~' has ,s~ his hand and seal, sign6 ~, sealed ~d delivered in Presence of: successor Trustee under LAND TRUST NO. 27-8128-00-4, and not individually, as Grantor iii Exhibit "E" Page 2 of 2 OCT 0 8 200? EXECUTIVE SUMMARY PETITION PUDA-02-AR-2098, MR. ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING BENDERSON DEVELOPMENT COMPANY, REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LAWMETKA PLAZA FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND US- 41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34 ACRES. OBJECTIVE: To have the Board of Count3' Commissioners consider a rezone application amending the Lawmetka Plaza PUD Document as noted below in a manner consistent with all the applicable codes and regulations in order to ensure that the surrounding community's interests are maintained. CONSIDERATIONS: The Board of Count)' Commissioners adopted the Ordinance Number 99-4, the Lawmetka Plaza PUD, which amended the list of permitted uses for office, neighborhood commercial, and specialty commercial by consolidating them into one group of uses that are generally listed in the C-3 and C-4 zoning districts. This approval did not include uses that were not deemed to be comparable or compatible with the uses that were originally approved. As a result, staff had determined that the changes in land use that were adopted with the Lawmetka PUD Ordinance 99-4 did not increase the intensity of commercial uses over the amount that was previously approved. Furthermore, the originally approved wetland slough area that ran through the middle of the PUD property (see Staff Report) was eliminated in favor of a reconfigured preserve area along the western edge of the property with the adoption of Ordinance Number 99-4. This change created a larger separation of the commercial area from the adjacent residential development known as Tarpon Cove, but also created one consolidated retail area instead of the scattered smaller retail areas north and south of the slough. Because of the reconfigured parcel boundaries, the maximum height of 50 feet was approved throughout Parcel "A" and 35 feet on Parcel "B". Due to an alleged notice defect, which is the subject of pending litigation initiated by individual property owners within the adjacent residential community, the petitioner had originally requested that Collier Count)' _readopt the Lawmetka Plaza PUD (Ordinance Number 99-4) as a cure for this alleged notice defect. However, in response to staff concerns about improving the compatibility with Tarpon Cove, the petitioner has agreed to add the following changes to improve the compatibility. These amendments will not change the previous consistency determination with the adoption of Ordinance Number AGEI~DA ITEI~ 99-4. 0 200? 1. A maximum of 270,000 square feet of floor area for all permitted land uses can be developed on Parcels "A", "B", & "C". Because Ordinance Number 99-4 did not provide a maximum floor area that could be developed on Parcels "A" and "B", the petitioner has agreed to limit the total maximum floor area for a single business establishment, either free standing or located within a building with other establishments to 65,000 square feet of gross leaseable floor area. 2. Hotel & motel uses will be limited to a maximum of 130 units in Parcel "A" and deleted as a permitted use in Parcel "C". 3. The building height will be reduced from 50 to 35 feet on Parcel "C"; however, architectural establishments may be constructed above 35 feet to a maximum height of fifty feet. 4. All roof mounted mechanical equipment shall be enclosed or shielded by a visual and noise absorbing barrier. 5. The development shall be designed so that glare from lighting shall not penetrate adjoining properties. All fixtures shall be designed such that the actual lighting element shall not be visible from adjoining properties. (A similar standard currently exists in the PUD, which is replaced with the proposed language.) 6. For any use involving the placement of vehicles, including but not limited to parking lots, internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of a four (4) feet tall opaque vegetative hedge shall be installed and maintained to eliminate headlights shining into and across the buffer area. 7. Limitations on the following uses are incorporated into the PUD, some of which are presently limited in the ordinance. a. Outside kennels b. Recycling activities c. Outdoor recreation facilities. d. Flea Market e. Tattoo or massage parlors f. Bottle clubs services h. Fuel dealers i. Homeless shelters j. Soup kitchens k. Justice, public order, and safety facilities 1. Communication towers above 100 feet MSL. 8. The previous limitation of 40,000 S.F. of building area in Parcel "C" has been eliminated in favor of the overall limitation of 65,000 square feet of floor area for any single business and the reduction to the maximum building height from 50 feet to 35 feet. Because this petition will not increase the developable area or add additional commercial floor area over the amount that can currently be developed under Ordinance Number 99- 4, the difference in site generated trips will not significantly impact any arterial or collector roadway. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. Lastly, U.S. 41 is currently a 6-lane arterial road, which is operating at an acceptable level of service for the segment fronting the project :ntrance. OCT 0 8 2002 As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. FISCAL IMPACT,;, Because this petition was initiated as a re-adoption of Ordinance Number 99-4, it did not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the Count>' must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). Activity Center #20 is designed to concentrate commercial activities into areas where traffic impacts can be accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. As an approved PUD, the Lawmetka Plaza was previously deemed consistent with the Future Land Use Map (FLUM) designation. In regards to compatibility with the adjacent commercial land uses, it should be noted that three other corners of this Activity Center have commercial development. The Southeast Quadrant contains the US-41/Wiggins Pass Road PUD, which was approved with similar development standards and the same or more intensive commercial uses (i.e. mini warehousing). In the Northeast Quadrant there is a convenience store and a strip mall that were developed consistent with the C-4 development standards. Lastly, the Germain PUD located in the Southwest Quadrant was approved for an automobile dealership and repair facility. Because the proposed petition was intended only to readopt Ordinance 99-4, and the proposed changes can generally be considered to reduce intensity of development, the project's consistency has not changed. HiSTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is required. OCT 0 8 2002 ENVIRONMENTAL ISSUES: Because the subject petition doesn't impact any preserve areas that were previously approved with the adoption of Ordinance Number 99-4, no new Environmental Impact Statement (EIS) is required. Therefore, the Environmental Services staff has recommended approval of this petition as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC} RECOMMENDATION: This petition was not required to go to the Environmental Advisory Commission (EAC) because the EIS is less than five years old and the proposed changes don't impact any preserve areas that were previously approved with the adoption of Ordinance 99-4. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on September 5, 2002. By an 8 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-2098 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations along with the following additional conditions · The number of Hotel/Motel units shall be limited to a maximum of 130 units. · The maximum of 270.000 square feet of floor area shall apply to all land uses including Hotel/Motel uses. · Revise Section 5.6.J. of the PUD Document to clariS' language to read as follows. The total maximum floor area for a single business establishment, either free standing or located within a building with other establishments to 65,000 square feet of gross leaseable floor area. · Revise Section 6.2.F. (2) to indicate that the six foot tall opaque masonry wall within Parcel "C" be placed at the southernmost edge of the Landscape buffer and drainage easement. It should be noted that approximately nine persons spoke during the public hearing concerning the need to improve the compatibility between the proposed commercial project and the Tarpon Cove residential community. In order to address these concerns, the Planning Commissioners recommended the addition of the above listed stipulations along with staff stipulations that are incorporated into the PUD Document. As a result of these changes, the CCPC found this petition consistent with the Growth Management Plan (GMP) and compatible with the adjacent land use. Because some of the residents still had some concerns, this petition could not be placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2098 as described by the amendin~ Ordinance included in this Executive Summary. OCT 0 8 2002 4 PREPARED BY: RAyt/~LLOWS' ~I2IIEF PLANNER cuRIkENT PLANNING SECTION DATE REVIEWED BY: Stflfl'AN MURRAYT'AICP, MANAGER l ,C'~RR~.. NT PLANNING, S,E~TION ,~ MAI~GAI~* WUER~TL-E, AICP. DIRECTOR PLANNING SERVICES DEPARTMENT c7- /d-CL. DATE DATE APPROV~.,ED BY: ' ;/,--'-"'~'-'--ff, 1 JOSEPH K. SCHMITT ADM~IST~TOR CO~ITY DEV. AND ENVIRONMENTAL SVCS. DATE PUDA-02-AR-2098/F/EX SUMMARY/RVB?rb 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 5, 2002 RE: PETITION NO: PUDA-02-AR-2098, LAWMETKA PLAZA PUD AGENT/APPLICANT: Agent: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Owner: Benderson Development Company 8441 Cooper Creek Boulevard University Park, Florida 34201 GEOGRAPHIC LOCATION: The subject PUD is located on the north and northwest comer of Wiggins Pass Road and U.S. 41 in Section 16. Township 48 South. Range 25 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD having the affect of readopting the Lawmetka Plaza PUD (Ordinance Number 99-4) with additional changes as noted below. PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners adopted the Lawmetka Plaza PUD (Ordinance Number 99-4) on January 26, 1999. The petitioner is now requesting that Collier County readopt the Lawmetka Plaza PUD (Ordinance Number 99-4) as a cure for an alleged notice defect, which is the subject of pending litigation initiated by individual property owners within the adjacent residential community known as Tarpon Cove. The petitioner has also agreed to the following additional changes to improve the compatibility with the Tarpon Cove residential community. These changes include eliminating Hotel Uses from Tract "C" and reducing the maximum height allowed in Tract "C" from 50 feet to 35 feet. Other changes include placing a limitation on the maximum size of any one-business establishment to a gross loor area of 65,000 square feet within Tracts "A". "B", & "C". The purpose of this size 1' prevent a large superstore taking up the entire commercial area. ~ '"~ ~_ OCT 0 8 2002 1 !J OCT 0 8 2002 6 I_ till 1 ! I I i ORIGINALLY APPROVED MASTER PLAN Ordinance Number 90-26 OCT 0 I~ 2002 It should be noted that when the BCC adopted Ordinance Number 99-4 on January 26, 1999, the list of permitted uses for office, neighborhood commercial, and specialty commercial were consolidated into one group of uses that are generally listed in the C-3 and C-4 zoning districts. This approval did not include uses that were not deemed to be comparable or compatible with the uses that were originally approved. As a result, staff had determined that the changes in land use that were adopted with the Lawmetka PUD Ordinance 99-4 did not increase the intensity of commercial uses over the amount that was previously approved. Furthermore, the originally approved wetland slough area that ran through the middle of the PUD property (see attached Master Plan) was eliminated in favor of a reconfigured preser~'e area along the western edge of the property with the adoption of Ordinance Number 99-4 (see attached). This change created a larger separation of the commercial area from Tarpon Cove, but also created one large retail area instead of the smaller retail areas north and south of the slough. Because of the reconfigured parcel boundaries, the maximum height of 50 feet was approved throughout Parcel "A" and 35 feet on Parcel "B". SURROUNDING LAND USE AND ZONING: Existing Conditions: As shown on the aerial photo below, the subject site is undeveloped and is comprised of a mix of wetland and uplands. As noted on the zoning map, the site is zoned the Lawmetka Plaza PUD. Surrounding- North: East: South: West: The partially developed residential area of the Tarpon Cove PUD. U.S. 41 and developed commercial retail uses zoned C-4. Wiggins Pass Road and the Germain automotive dealership and commercial property that are zoned C-4. The Tarpon Cove residential PUD that is approved 398 multi-famil.x dwelling units at a density of 4 units per acre. Aerial Zoning Map 0CI 0 8 2002 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). The site is within a designated Activity Center #20. Future Land Use Element - The Mixed Use Activity Center #20 Sub-district (Exhibit "C") is designed to concentrate commercial activities into areas where traffic impacts can be accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. Petitions are to be reviewed in light of the "factors to be considered", as identified in the Future Land Use Element (FkUE) of the GMP. As an approved PUD, Lawmetka Plaza was previously deemed consistent with the Future Land Use Map (FLUM) designation. Transportation Element - Since this petition will not increase the developable area or add additional commercial floor area over the amount that can currently be developed under Ordinance Number 99-4, the difference in site generated trips will not significantly impact any arterial or collector roadway. As a result~ this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. Lastly, U.S. 41 is currently a 6-lane arterial road, which is operating at an acceptable level of ser,,ice for the segment fronting the project entrance. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier Count.',' Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing. excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discover3' shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION - ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review. Since no additional acreage or square footage has been added to the PUD, no level of serxice (kOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. Because the subject petition doesn't impact any preser~'e areas that were previously approved with the adoption of Ordinance 99-4, no new Environmental Impact Statement is required. Therefore, the Environmental Sen'ices staff has recommended approval as submitted. In addition, the Transportation Department shall approve the final access points into the project and the median design at the time of site development plan approval. OCT 0 8 ?.002 EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination was based with the adoption of Ordinance Number 99-4. This evaluation provided an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. A summary of the potential impacts or considerations identified during the staff review for this petition to readopt Ordinance Number 99-4 is listed under each of the criterion is followed by a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Grov~th Management Plan. The surrounding properties include the following land uses: With respect to the matter of compatibility' with the adjacent properties, this petition does not change the boundaries of the currently approved PUD. In addition, the proposed petition is only to readopt Ordinance 99-4 that was previously found consistent with the adjacent properties. Therefore, staff is of the opinion that the subject petition is consistent with the Collier Count,,' GMP. Regarding the matter of timing, it should be appreciated that urban develoPment completely encircles the site. At~er considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: The approved Lawmetka PUD (Ordinance 99-4) abuts a developed residential community known as Tarpon Cove neighborhood to the north and west. To the east side is U.S. 41 and the developed commercial retail uses that are zoned C-4. Lands to the south across Wiggins Pass Road contain an automotive dealer and other commercial properties zoned C-4. Lastly, to the west is a preserve tract of the Tarpon Cove PUD. To improve compatibility, the PUD requires a 20-foot wide landscape buffer to be placed around the perimeter of the project. With the adoption of Ordinance 99-4, the preser,'e area along the western property line was enhanced to provide a larger wetland area that serves to provide a buffer between the residential and commercial projects. It should be noted that the petitioner has agreed to revise some of the currently approved development standards and uses in response to the concerns raised by the residents of Tarpon Cove and includes the following: ° ° ° A maximum of 270,000 square feet of floor area for retail and office uses can be developed on Parcels "A", "B", & "C". Since Ordinance Number 99-4 did not provide a maximum floor area that could be developed on Parcels "A" and "B", the petitioner has agreed to limit the total maximum floor area for a single business establishment, either free standing or located within a building with other establishments to 65,000 of gross leaseable floor area at the ground level. Hotel and motel use will be deleted from Parcel "C". The building height will be reduced from 50 to 35 feet on Parcel "C": however, architectural establishments may be constructed above 35 feet to a maximum height of fifty feet. All roof mounted mechanical equipment shall be enclosed or shielded by a visual and noise absorbing barrier. The development shall be designed so that glare from lighting shall not penetrate a4ioining properties. All fixtures shall be designed such that the actual lighting element shall not be visible from adjoining properties. (A similar standard currently exists in the PUD, which is replaced with the proposed language.) For any use involving the placement of vehicles, including but not limited to parking lots. internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of a four (4) feet tall opaque vegetative hedge shall be installed to eliminate headlights shining into and across the buffer area. Limitations on the following uses are incorporated into the PUD, some of which are presently limited in-the ordinance. g. h. i. j. k. 1. Outside kennels Recycling activities Outdoor recreation facilities. Flea Market Tattoo or massage parlors Bottle clubs Agricultural services Fuel dealers Homeless shelters Soup kitchens Justice, public order, and safety facilities Communication towers above 100 feet MSL. The previous limitation of 40,000 S.F. of building area in Parcel "C" has been eliminated in favor of the overall limitation of 65,000 square feet of floor area for an3' single business and the reduction to the maximum building height from 50 feet to 35 feet. t~..~:)~ I1t~ OCT 0 2002 pg,. ~.~ Staff is of the opinion that these additional changes will improve the compatibility of the currently approved commercial and office uses with the existing Tarpon Cove residential neighborhood to the north and west. Utility Infrastructure: The site is accessible to a public sanitary sewer and municipal water supply. This amendment will not change or impact the previous approval. PUBLIC INFORMATION MEETING: The petitioner held a Public Information Meeting on December 20, 2001 that was attended by over 100 persons. Those in attendance were primarily residents of Tarpon Cove community that surrounds the subject PUD. During this meeting the petitioner indicated that they were intending to request that Collier County readopt the Lawmetka Plaza PUD (Ordinance Number 99-4). The purpose of readopting Ordinance Number 99-4 was described by the petitioner as a way to cure an alleged notice defect, which is the subject of pending litigation initiated by individual property owners within the adjacent residential community known as Tarpon Cove. The majority of the residents that spoke during the meeting complained that when the Lawmetka Plaza PUD was approved in 1999, the advertising of the petition did not clearly indicate that the revised Master Plan would eliminate the slough area that bisected the site thereby allowing for a large "super-store", which would cause increased impacts on their residential community. The petitioner contended that the site is located within an Activity Center on the Future Land Use Map, which is an area designated for these types of uses and intensities. However. bechuse of these concerns, the petitioner has agreed to limit the maximum size of structures of 65,000 square feet, which will prevent the large "super-store" from building within this project. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-02-AR-2098 that serves to readopt Ordinance Number 99-4 subject to the stipulations and the development commitments contained in the PUD Document. 2002 PREPARED BY: RAYi~LLOW~;, CHIEF PLANNER CURRENT PLANNING SECTION ~3 45 .oz..- DATE REVIEWED BY: o~fhR~NT PLANNING SECTION MARGAR/~ WIJER~, AICp, DIRECTOR PLANNI~ SERVICES DEPARTMENT DATE DATE APPR~ ~HK. SClttMITT ADMINISTRATOR 'M~TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the September 5, 2002 CCPC meeting. COLLIER COUNTY PLANNING CC~', :7, ilSSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-2098 OCT 0 8 2002 FINDINGS FOR PUD PUDA-02-AR-2098 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of North Naples. Development of land that has legal access, and is adjacent to existing commercial and residential uses are particularly suitable for a commercial and office development. Conversely, existing neighboring residents of Tarpon Cove may perceive new development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise, and reducing property values. Jurisdictional reviews by Count~' staff support the manner and pattern of development proposed for the subject propert3.,. Development conditions contained in the currently approved Lav,~etka Plaza PUD document and proposed re- adoption of Ordinance Number 99-4 give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The petition only proposes to re-adopt Ordinance 99-4, which was previously found consistent with the Growth Management Plan (See Staff report). Exhibit "A" OCT 0 8 2002 e The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject 34-acre PUD has been approved with development standards that are consistent with the Land Development Code. In addition, landscaping has been provided to buffer the adjacent residential tracts. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The abiliD' of the subject properD' and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property' relative to hazards. and capacity of roads, is supportive of conditions emanating from urban development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those commercial development standards. FINDINGS FOR PUD-02-AR-2098/RVB/rb OC]' 0 8 · REZONE FINDINGS PETITION PUDA-02-AR-2098 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed petition is intended to re-adopt Ordinance Number 99-4 that was found in compliance with the FLUE to the GMP. e e The existing land use pattern; The adjacent uses include commercial to the east and south while residential land uses are to the north and west. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert).' proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject petition is to re-adopt Ordinance 99-4 as a cure to an alleged notice defect, which is the subject of pending litigation. However, the currently approved PUD has been found to be appropriate based on the approved commercial land uses east and south of the subject site. Furthermore, the subject PUD has a positive relationship to the GMP. EXHIBIT "B" Whether the proposed change will adversely influence living conditions in the neighborhood; The currently approved development standards (i.e. setbacks and landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences by the Lawmetka Plaza PUD on the residential subdivision to the west and north. Conversely, the location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed preserve and buffer areas, the proposed re-adoption of the PUD should not adversely impact the adjacent properties. In summary, the re-adoption of the PUD will not adversely influence living conditions in the neighborhood because the currently approved development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportatiori Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion while certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. OCT 0 g 2002 10. 11. 12. 13. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Lawmetka Plaza PUD is located within an Activity Center as designated on the FLUE. The PUD also complies with the other elements of the Growth Management Plan. These elements are public policy statements supporting zoning actions when they are consistent with said plans. In light of this fact the proposed re-adoption does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the properD' cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the d_evelopment potential of the site as made possible by its consistency relationship with Management Plan. the ~ wr~ OCT 0 8 2002 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The approved PUD has been deemed (with the adoption of Ordinance Number 99-4) to be designed in a manner that is compatible with surrounding commercial properties to the east and south and in size and scale. It is also buffered from the adjacent residential areas by a large preserve area and buffer. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the propert?' and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier CounB' Growth Management Plan and as defined and implemented through the Collier Count' Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FIN DINGS/01 -AR-2098/RVB/rb AC, ENDA OCT 0 8 2002 'EXHIBIT "C" OCT 0 8 2002 APP!,ICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ PUDZ-2002-AR-2098 PROJECT #2002020022 DATE: 2/14/02 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Benderson Development Company Applicant's Mailifig Address 8441 Cooper Creek Blvd. City UniversiW Park State FL Applicant's Telephone # 941-359-8303 Name of Agent Robert L. Duane Agent's Mailing Address City Naples Agent's Telephone # 941-254-2000 950 Encore WaT Zip 34201 Fax # 941-359-1836 Firm Hole Montes, Inc. State FL Zip 34110 Fax # 941-254-2099 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC I-I-EARING FOR PUD REZONE - 10/98 W:~2001X2001126'uRLD~PUD Rezone Application.doc PAG~ OCT 0 B 2002 OF 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets il'necessary) Name of Homeowner Association: Tarpon Cove CommuniW Association Inc. Mailing Address 24301 Walden Center Drive Suite 300 City Bonita Springs State FL Zip 34134 Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State Zip City State ~ Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Property Owners Association of North Collier CounB' Mailing Address 141 West Ave. City Naples. State FL.. Zip 34108 o Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10B98 W:5200152001126LR.LDkPUD Rezone Application.doc PA( OCT 0 2002 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Benderson Development Company, Inc. TNC 85% Name and Address, and Office Ronald Benderson 570 Delaware Ave. Buffalo, NY 14202 Ronald Benderson 570 Delaware Ave. Buffalo, NY 14202 Ronald Benderson 1995 Trust 570 Delaware Ave. Buffalo, NY 14202 Ronald Benderson 1993-1 Trust 570 Delaware Ave. Buffalo, NY 14202 Nathan Benderson 570 Delaware Ave. Buffalo, NY 14202 David H. Bnldnuf570 Delaware Ave. Buffalo, NY 14202 Alnn Wolfson 570 Delaware Ave. Buffalo, NY 14202 Percentage of Stock 17.93 17.93 30.43 33.71 CEO VP/S T If the property is in the name of a TRUSTEE, list the beneficiaries of the mast with the percentage of interest. Name and Address Percentage of Interest do If the property is ih the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. WR-I Associates, LTD, A Florida Limited Partnership TNC 15% Name and Address Wayne M. Ruben 8441 Cooper Creek Blvd UniversiB' Park, FL 34201 Percentage of Ownership 100% If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC 1tEARING FOR PUD REZONE - 10/98 W52001 ~2001126XRLDLPUD Rezone Application.doc OCT 0 8 2002 PAGE 3 OF 16 If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or must. Name a~d Address list all Date subject property acquired (X) leased ( ): 3/3/2000 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option:, and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the fmal public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. , Section: 16 Township: 48South Range: 25East Lot: Block: Subdivision: Plat Book Page #:~ Metes & Bounds Description: Property I.D.#:.._0154640002 The Southeast ~A of the Northeast ~A of Section 16 o Size of property: _1,20.0 ft. X 1,200 .ft. = Total Sq. Ft. _1,440,000 Acres 34 Address/general location of subiect properV,':._Northwest comer of Wiggins Pass Road and US 41 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 W5200 IX2001126XKLD~PUD Rezone Application.doc PA( OCT 0 8 2002 Adiacent zoning and land use: Zoning N PUD S C-4 E C-4 &MH W PUD Land use Resident/al Automobile Dealership / Commercial Commercial / Mobile Home Preservation/Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rexone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: See attached approved Ordinance # 99-4 ~PpLICATION FOR PIJBLIC HEARIN(~ FOR PUD REZONE - 10/98 W52001X200112~RLD~PUD Rezone Application.doc Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier Count' Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ~o~.~w-~, OCT 0 8 2002 PAGE OF 16 Standard Regone Considerations (LDC Section 2, 7.2.5). j. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the prOposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. 14. 15. ~APPLICATION FOR PUBLIC HEARING FOR PUD REZ, ONE- 10/98 W 52001X2001126LRLD~UD Rezone Application.doc Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. OCT 0 8 2002 PAOl 6©F~16 ~% 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent With the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (I, DC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed £ UD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 W:~001 ~2001126'XRLD~PUD Rezone Application.doc Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. OCT 0 8 200;, ]6 PAGE OF P~. ~fl I0. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _No public hearings have been held on this property within the last year. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a max/mum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. ~_PPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 W:~200 IX2001126XlU, DLPUD Rezone Application.doc PAGE OCT 0 8 2002 8OF 16 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and the' boundaries. Such identification shall be consistent with Florida Department o~ Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 W:~.001 ~2001126kRLDkPUD Rezone Application. doc PAG AGEND~ ITEM OCT 0 8 2002 TRAFFIC IMPACT STATEMENT (TIS'): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 2. 5'. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development ~PPLICATION FOR PUBLIC HEARING FOR PUD RE2~O~FE - W:k2001 k2001126~LDkPUD Rezone Application.doc PAGE A~A fi"EM OCT 0 8 2002 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS- The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. e Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Sero'ice (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas; a) an area as set forth below; or, b) the area in wtfich traffic assignments from the proposed project On the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DR/ Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000- 99, 999 Sq. Ft. 100,000- 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR PUD REZONI~ - ]10~8 Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). T 0 8 2002 WA200 IL2001126hR.LD~UD Rezone Application.doc ge I0. I1. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 W:X2001 ~2001126XRLD~PUD Rezone Application.doc PAGE OCT 0 8 2002 OF16 ~ STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST :~. NAME OF APPLICANT: Benderson Development Company MAILING ADDRESS: 8441 Cooper Creek Blvd. CITY University Park STATE FL ZIP 34201 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A Section: 16 Lot: Plat Book LEGAL DESCRIPTION: Township: 48 South Subdivision: Block: Page #: Range: 25 East Property I.D.#: 0154640002 Metes & Bounds Description: The Southeast ¼ of the Northeast ¼ of Section 16 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ~] b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE . 10/98 W:~O01~2001126~RLD~PLID Rezone Application.doc PAGE 13 OCT 0 _ 7. TOTAL POPULATION TO BE SERVED: 71.4 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 37,500 AVERAGE DAILY 25~000 B. SEWER-PEAK 37,500 AVERAGE DAILY 25,000 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2003 · 10. 11. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treaUnent process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the al~plicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 AI~LICATION FOR PUBLI(~ HEARING FOR PUD REZONE - 10/98 W:~2001 ~2001120%R,LD~PLrD Rezone Application.doc PAGE OCT 0 8 2002 40Fl~' 9(-0 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o F 0 T COPIES REQUIRED REQUIRF 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 5. Conceptual SitePlans 15 X 6. Environmental Impact Statement- (-EIS) 4 X 7. Aerial Photograph - (~vith habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 Waived in 1999 approval 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee and Data Conversion Fee Check shall - X be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR PIJD REZQ]VE . 19/98 W:~200B2001126~RLD~PD'D Rezone Application.doc ate 4 AGENDA I?"' 2002 AFFIDAVIT am/are 'the owne~ of the property described herein arm which is the subject matter of the proposed hearing; that all the answers to the questions in this applicatior~ including the disclosure of interest informatio~ all .~lcetches, data, and other supplementary matter attached to and made a part of this 'application, are honest and true to the best of our knowledge and belief. VZe/I understand that the 'information requested on'this application, must be complete and accurate and that the content of this form, whether comp~iter generated or County printed shall not be altered Public hearings will not be advertised until this application .ts deemed complete, and aH required · information has been submitted .ds prot~erty owner gZe/f further authorize Robert:L. Duane to act as our/my representative in-any matters regarding thi~ PetiHon. Typed or Printed Name of Owner Typ¢~t Or P'rinte d Nam~ o~ Owher The foregoing instrument was acknowledge~ before me this ~' 2.. day of_ ',./~.4 ~ I[ , 20 ~ X,~ by t. tdArla~ nos~l , #aT~ t~#mc~o is.personall), kr~own to .rqe or has produced as identification. State of Florida County of ,44 ~a ra-~ t~PPLICATION FOR PI-~LIC RgARINO FOR l~trl} Ri~ONl~ - 10/98 ~':~200 lk2001126LRLDX.PUD_R=z°n=-(K)-.1mtiri°n'd°c (Si~natr~'e of Notary Public - State of Florida.) (Print, T~pe, or Stamp Commissioned Name of Notary Public) ~'^~,: ~qgEq~0 13 2002 /-[lVl HOLE MONTES 950 Encore Way. Naples, Rodda 34110 · Phone: 941.254.2000- Fax: 941.254.2099 January 25, 2001 Mr. Ray Bellows Collier County Community Development 2800 North Horseshoe Drive Naples, Florida 34104 PUDZ,-2002-AR-2098 PROJECT #2002020022 DATE: 2/14/02 RAY BELLOWS Re: Lawmetka Plaza HM File No. 2001126 Dear Mr. Bellows: As a follow up to our neighborhood meeting for Lawmetka Plaza please find enclosed the PUD rezoning application that is similar to' the submittal made in 1998. However, the approved PUD ordinance is now inserted into the document and a revised application is included since the form has changed. In closing, no commitments were made by the developer as a result of our neighborhood meeting to make revisions to the plans. Our intent in submitting this application is to ask the Co .unty to're, adopt the Lawmetka Plaza Planned Unit Development Ordinance #99-4 which was originally approved by the Collier County Commission on January 26, 1999. The purpose of the readoption hearing is to cure an alleged notice defect which is the subject of pending litigation initiated by individual property owners within the Tarpon Cove Development. Please contact our office if you have any questions or if you require any further information. Sincerely, Hole Montes, Inc. Robea't L. Duaae, A.I.C.P. Planning Director RLD/Iaa Naples- Fort Myers · Venice. Engtewood OCT 0 8 200;. ORDINANCE NO. 02- __ 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 8516N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LAWMETKA PLAZA PUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND U.S. 41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34__+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 99-4 AND 90-26 RESPECTIVELY, THE FORMER LAMETKA PLAZA PUD(s); AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, Robert L. Duane, of Hole Montes, Inc., representing Benderson Development Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described rea[ property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier Count},, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Lawmetka Plaza PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: O~dinance Number 99-4 and Ordinance Number 90-26, both known as the Lawmetaka Plaza PUD, adopted on January 26, 1999 and March 27, 1990, repsectively, are hereby repealed in their ~ntirety. SE(~717ON THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: D~i/IGHT E. BROCK, CLERK JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Matjorie~. Student Assistant County Attorney OCT 0 8 2002 p,. q0 LAWMETKA PLAZA .A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared for: BENDERSON DEVELOPMENT COMPANY 8441 Cooper Creek Blvd. University Park, FL 34201 Prepared by: HOLE MONTES, INC. 950 Encore Way Naples, Florida 34110 And YOUNG, VANASSENDERP, VARNADOE, AND ANDERSON, P.A. 801 Laurel Oak Drive, Ste. 300 Naples, Florida 34108 October, 1998 REVISED AUGUST, 2002 HMA File No. 2001.126 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals AGENDA ITEM OCT 0 8 200;' TABLE OF CONTENTS Page SECTION I - Statement of Compliance ................................................................................................... 1 SECTION II - Property Ownership, Legal Description Short Title and Statement o£ Unified Control .................................................................................... 2 SECTION III - Statement o£ Intent and Project Description ................................................................... 3 SECTION IV - General Development Regulations ................................................................................. 4 SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B ..................................... 8 SECTION VI - Permitted Uses and Dimensional Standards for Tract C .............................................. 11 SECTION VII- Environmental Standards .............................................................................................. 14 SECTION VIII- Transportation Requirements ...................................................................................... 16 SECTION IX - Utility and Engineering Requirements .......................................................................... 17 SECTION X - Water Management Requirements ................................................................................. 18 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS OCT 0 8 2002 SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier County, as a Planned Unit Development, to be known as Lawmetka Plaza, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of Lawmetka Plaza will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is located in an area identified as an Activity Center on the Future Land Use Map of the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial and mixed-use development activities. The subject tract is located on the northwest comer of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access for the placement of commercial activities. o The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range of services and utilities as approved by the County. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. o The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Local Development Orders for this project are subject to Division 3-15, Adequate Public Facilities of the Land Development Code. -1- OCT 0 8 2002 2.1 2.2 2.3 2.4 SECTION II Property Ownership, Legal Description Short Title and Statement of Unified Control Property Ownership The subject property is currently under the ownership of Benderson Development Company. Legal Description All that part of the southeast ~¼ of the northeast ¼ of Section 16, Township zig South, Range 25 East, Collier County, Florida. General Description of Property The subject property is located on the northwest comer of Wiggins Pass Road and U.S. 41. The zoning of the subject property prior to the application of rezoning is PUD. Physical Description The site is generally fiat and naturally drains to the east and west. Access to the property will be via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A Wetland Preserve Area, comprising g.$ acres, is located along the western portion of the property. The flood elevation of the subject property is A.E. 11. Short Title This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit Development Ordinance". Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. -2- OCT 0 8 2002 SECTION III 3.1 3.2 3.3 Statement of Intent and Project Description Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5 acres of Preservation Area for the subject property. The purpose of this Document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description It is the intent of this project to create an integrated commercial development with a compatible mixture of commercial land uses and open spaces. The developer, who has unified control over the subject property, intends to commence development of a mixed-use activity center Planned Unit Development (PUD). It is the intent of the developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. Land Use Plan and Project Phasing The PUD Master Plan contains a total of three (3) tracts consisting of development areas A, B, and C and one Tract D consisting of an Upland and Wetland Preserve Area in addition to street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More detailed plans will be submitted at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this Document. Bo The anticipated time of build-out of the project is approximately five (5) years from the time of issuance of the first building permit. -3- OCT 0 8 2002 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Lawmetka Plaza Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: mo Regulations for development of the Lawmetka Plaza PUD shall be in accordance with the contents of this Document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. 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. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Lawmetka Plaza PUD shall become part of the regulations, which govern the manner in which this site may be developed. Do 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 LDC. Eo 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. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, ul -4- litiesnIIIt~~ OCT 0 8 2002 4.4 4.5 4.6 purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service, and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect, at the time such amendment may be requested. Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance xvith PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: -5- AGENDA ITEM OCT 0 8 2002 4.7 4.8 4.9 4.10 ¢.I1 Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Bo A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions Lawmetka Plaza PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Polling Places Any community recreation/public building/public room or similar common facility located within the Lawmetka Plaza PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 3.2 of the LDC. Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. Open Space Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Subsection. 2.6.32.3 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A majority of the open space area for the project is provided in the 8.5 acre Preserve Area, Parcel D. Archaeological Resourc/es The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event that they are contained on the property. -6- OCT 0 8 2002 4.12 Common Area Maintenance 4.13 4.14 4.15 4.16 4.17 Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a homeowners' association to be established by the developer. Architectural and Site Desi~ Standards All development within the Lawmetka Plaza PUD shall be subject to Division 2.8 of the LDC and architectural considerations shall be unified for each tract including building design, landscaping, and signage. However, as an alternative to the requirement of Section 2.8.3.1.4(b) of the LDC, parking for comer lots that require a specified percentage of the required parking to be located behind the entire commercial building or project, this requirement shall be waived if the U.S. 41 and Wiggins Pass street frontages are developed with out parcels along the entirety of these street frontages or where there are gaps between out parcels, a type "B" buffer shall be provided along the street frontage to screen proposed parking areas from view. The development of the first tract will set the standards for other development areas, unless architectural guidelines are established in advance of development of the first tract in the form of deed restrictions or other measures acceptable to Collier County. Signs All signage shall be in conformance with Division 2.5 of the LDC; however, platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. Parking All development shall be subject to Division 2.3 of the LDC, Off-Street Parking and Loading. Landscaping All landscaping shall be in conformance with Division 2.4 of the LDC. Utili[y Areas Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. -7- fi'EM OCT 0 8 2002 SECTION V 5.1 5.2 5.3 Permitted Uses and Dimensional Standards for Tracts A and B Purpose The purpose of this Section is to identify permitted uses and development standards for Tracts A and B within the Lawmetka Plaza PUD designated for commercial development on the PUD Master Plan, Exhibit "A". Development Intensity A maximum of two hundred and seventy thousand (270,000) square feet of floor area is allowed for permitted retail and office uses and all other uses on Lawmetka Plaza PUD Parcels A, B and C, or subdivisions thereof, with the exception of hotel/motel uses which are governed by the following standard. Hotel/motel uses mav be developed at twenty-six (26) dwelling units per acre on Tract A. In calculating the number of Hotel/Motel units, all or a portion of the Preservation Area on Parcel D may be utilized, however, the maximum number of hotel/motel units will not exceed one hundred and thirty (130) units. General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES HEIGHT USE A 16.4 501 Retail, Office, Hotel/Motel B 2.7 35 ~ Retail or Office C 4.9 35 ~ Retail or Office2 D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road TOTAL 34 Architectural_embellishments are permitted above the height of thirty-five (35) feet to a maximum height of fifty (50) feet. 2~3ther uses are also permitted on Tract C. (See Section VI of this Ordinance.) The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. All tracts are designed to accommodate internal roadways, open spaces, water management facilities' and °ther similar uses t° supp°rt ri°n-residential devel°pment °f :he s~ ,9 ,~., ,~i~I~y' OCT 0 8 2002 -8- 5.4 Permitted Principal Uses and Structures 5.5 5.6 No building or structure, or part thereof, shall be erected, altered or used, or land used, in whok part, for other than the following: Permitted commercial and conditional uses allowed in the C-3, Commercial Intermediate District, in effect on the date of adoption of this Ordinance, excluding Homeless Shelters and Soup Kitchens. Bo Permitted commercial and conditional uses in the C-4, General Commercial District in effect on the date of adoption of this Ordinance with the exception of the following uses: Bottle Clubs (all of group 5813, except bottle clubs); Fuel Dealers (groups 5983 - 5989); Automotive repair services, parking (groups 7514, 7515,7521); Amusement and recreational services, outdoor (all groups); Homeless Shelters, Soup Kitchens, Justice, Public Order and Safety (groups 9222-9224); Communication Towers above height of 100 feet Mean Sea Level, subject to Section 2.2.6.35 of the LDC, Flea Markets, Recycling Activities except as may be required by the County, Outside Kennels, Tattoo or Massage Parlors, and Agricultural Services (groups 0711-0783). Permitted Accessory Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, on land, in whole or part, for other than the following: mo Accessory uses and structures customarily associated with the above permitted commercml principal uses and structures. Dimensional Requirements A. Minimum Lot Area Bo Twenty thousand (20,000) square feet Minimum Lot Width Co One hundred (100) square feet Minimum Yard Requirements From project perimeter boundary lines - thirty-five (35) feet. From intemal tract boundary lines - twenty (20) feet. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half (1/2) the sum of the heights of the two buildings, whic -9- OCT 0 8 2002 Do Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor, except that freestanding specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. Maximum Height Fifty (50) feet above finished grade for Tract A and thirty-five (35) feet above finished grade for Tract B. Fo Go Minimum Off-Street Parking and Off-Street Loading Requirements As required by Division 2.3 of the LDC. Minimum Landscaping Requirements As required by Division 2.4 of the LDC. Merchandise Storage and Display Unless specifically associated with a certain use, there shall be no outside storage or display of merchandise. Hotel/Motel Use Jo Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements of Section 5.2, Development Intensity, of this Ordinance. Design Guidelines For all development tracts, the total maximum floor area for a single business establishment, either free-standing or located within a building with other establishments shall be sixty-five thousand (65,000) square feet of gross leaseable floor area. The development shall be designed so that glare from lighting shall not penetrate adjoining properties. All fixtures shall be designed such that the actual lighting element shall not be visible from adjoining properties. All mechanical equipment shall be enclosed or shielded by a visual and noise absorbing barrier when placed on the north or west side of the structure to which it is attached including roof mounted mechanical equipment. For any use involving the placement of vehicles, including but not limited to parking lots, internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of four (4) feet tall opaque vegetative hedge shall be installed to eliminate headlights shinin~ into and across the buffer area. - 0CT 0 8 2002 -10- SECTION VI Permitted Uses and Dimensional Requirements for Tract C 6.1 PURPOSE 6.2 The purpose of this Section is to set forth the permitted uses and land development regulations for Tract C designated on the PUD Master Plan, along with other permitted uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 2. 3. 4. 5. 6. 7. 8. 9. Homes for the Aged Hospices Adult/child care centers Convalescent centers Nursing Homes Rest homes Sanitariums Adult Congregate Living Facility Retail or office uses as permitted by Section 5.4 of that Ordinance, excluding free- standing cocktail lounge B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in this District. 6.3 DIMENSIONAL REQUIREMENTS A. Minimum Lot Area Bo One (1) acre Minimum Lot Width One hundred (100) feet -11 - OCT 0 8 2002 C. Minimum Yard Requirements Do The following building setbacks shall apply: From eastern property line - thirty-five (35) feet. From northern property line - seventy (70) feet (inclusive of 40 foot Florida Department of Transportation drainage easement). From internal tract boundary lines - twenty (20) feet. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half the sum of the heights of the two buildings, whichever is greater. Maximum Height Three stories not to exceed thirty five (35) feet, however, architectural embellishments may be extended above the thirty-five height limitation to a maximum height of fifty (50) feet. Minimum Off-Streei Parking and Off-Street Loading Requirements As required by Division 2.3 of the LDC. Minimum Landscaping and Buffering Requirements 1. For the east, west, and south property lines as required by Division 2.4 of the LDC. For the northern property line, the owner of Parcel C shall maintain a fifteen (15) foot landscape buffer as measured from the southern edge of the Florida Department of Transportation drainage easement. An architecturally finished opaque masonry wall a minimum of six (6) feet in height shall be installed within the buffer area and shall be located along the southern part of the buffer area. This buffer shall be installed as a required improvement for the first Site Development Plan within the PUD. To the greatest extent, practical the existing native vegetation shall be retained within the buffer area and the Florida Department of Transportation drainage easement, and where not practical within the buffer area, trees no more than twenty-five (25) feet on center or a hedge no more than four (4) feet on center, or a combination thereof shall be planted on the northern side of the wallJ Any new trees shall be a minimum of eight (8) feet in height with a three (3) foot spread at the time of installation. Any hedge shall consist of a minimum often (10) gallon plants, five (5) feet in height with a three (3) foot spread at time of installation. Except to the extent of any conflict with the foregoing requirement, all of the Landscaping and Buffering requirements of Division 2.4 of the LDC shall also apply to Parcel C, in the event of a conflict between the Landscaping and Buffering requirements of this Section and those of the LDC, the more restrictive shall apply. -12- AC. We_NDA OCT 0 § 2002 Go Design Guidelines In accordance with the requirements of Section 5.6J of this Ordinance. -13- AGEI~OA OCT 0 8 pg. ~ SECTION VII Environmental Standards The purpose of this Section is to set forth the Environmental Standards of the project developer. 7.1 An 8.4-acre upland and wetland Preserve Area is located along the western portion of the subject property and is permitted to be used for open space and passive recreational use only. All preservation 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 Subsection 3.2.8.4.7.3 of the LDC. 7.2 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Any standards approved by the Environmental Staff shall be added to the site development plan or construction plans. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. 7.3 The petitioner shall be subject to the Collier County Growth Management Plan, Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 7.4 7.5 7.6 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around 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 Current Planning Environmental Staff. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC. The Preserve Areas shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the preservation area, shall be submitted to the Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above- referenced plan. - 14- OCT 0 8 2002 7.7 The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Conservation Commissior (FGFWFCC) regarding potential impacts to protected wildlife species. Where protected, spec~o are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. -15- AGENDA ITEM OCT 0 8 2002 SECTION VIII Transportation Requirements The purpose of this Section is to set forth the transportation standards of the project developer. 8.1 Subject to Florida Department of Transportation approval, the developer shall provide left and right turn lanes on Tamiami Trail at both project entrances at the time of a certificate of occupancy for the first structure with access to US 41. Should any of the required turn lanes be constructed due to other development activity in the area prior to completion of this project, the developer shall provide a fair share reimbursement of the cost of such construction prior to final site plan approval. The Florida Department of Transportation and Collier County Transportation Department each reserve the right to control median openings, both existing and future, and to limit access points to right turns in and right turns out. 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's two entrances at the time of the certificate of occupancy for the first structure requiring access from Wiggins Pass Road. 8.3 All road access points requiring turn lanes and use of existing right-of-way shall provide for compensating right-of-way dedication at the time of subdivision plat or site plan approval. 8.4 Existing drainage easements, future drainage easements, and planned preserve areas shall remain available to Collier County and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. The responsibility for maintenance of such areas shall remain with the developer/owner and/or its assignees. 8.5 The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). The developer shall be responsible for any and all costs incurred in modifying the traffic signal installation at Old U.S. 41 so as to accommodate the project. B.6 The road impact fees shall be in accordance with the fee structure set forth in Ordinance 2001-13 or as may be amended and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 8.7 All required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. 8.8 All traffic control devices used shall conform to requirements of the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 8.9 Internal roadways shall be public or private at the option of the developer. -16- OCT O 8 2002 SECTION IX Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project develope 9.1 Utilities Ao 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. 97-17, as amended, and other applicable County rules and regulations. Bo All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. The utility construction documents for the project's sewerage system shall contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. Eo Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. 9.2 Engineering mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are approved by the Development Services Department. Design and construction of all improvements shall be in compliance with the appropriate provisions of the Collier County LDC. 2002 -17- ~.~"~ SECTION X Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 10.1 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines as long as the side, rear or abutting property lines are fenced. 10.2 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. I0.3 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. I0.4 One half (1/2) inch of dry pretreatment shall precede the discharge of any stormwater into the preservation area or whatever alternate conditions may be incorporated into the South Florida Water Management District permitting requirements. I0.5 The stormwater system shall be reviewed and approved by Collier County Public Works Engineering Department (PWED) in order to verify its consistency with the Wiggins Pass Outfall Project now being designed by PWED. W52001 ~2001126~LDXPUD-ORIGINAL 08-2002.doc OCT 0 8 2002 - 18 - °~oo ~ OCT 0 SHJ2qOlq H'IOH EXHIBIT B LEGAL DESCRIPTION All that part of the southeast ¼ of the northeast ¼ of Section 16, Township 48 South, Range 25 East, Collier County, Florida~ OCT 0 8 2002 &Z EXECUTIVE SUMMARY OBJECTIVE: To obtain Board approval of local amendments to the Florida Fire Prevention Code by adopting an ordinance and directing staff to complete the process to make the amendments effective. CONSIDERATION: The State of Florida's adoption of the statewide Florida Fire Prevention Code on January 1~, 2002, brought with it a "Sunset" provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State adopting the statewide Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re-introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate most of the Fire Code requirements for new development into one regulation. This would simplify fire plan review by the County and the Fire Districts and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has recommended approval of this ordinance. FISCAL IMPACT: By re-adopting the local amendments the County would largely re-create the previously effective regulations, which should not result in any overall fiscal impact. RECOMMENDATION: Approve the proposed Ordinance and direct staff to complete the process required to make it effective. Prepared By: Reviewed By:"~J .~~ . Approved By: Date: ~}'// - AC, ENI3A ITEM OCT 0 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 2002- AN ORDINANCE READOPTING THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY REPLACING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); REPLACING SECTION 58-27, PERTAINING TO AMENDMENTS' TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2002 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2002 EDITION; RESERVING SECTION 58-29; REPEALING CERTAIN ORDINANCES; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County; and those specified in the minimum fire and life safety code for the protection o: property or justify requirements that meet special situations arising from WHEREAS, the Board hereby determines upon its review of local conditions - ~tz tk:_n _ which review demonstrates that local conditions justify more stringent requiren: hist~'~ 1 Last printed 9/18/2002 9:47 AM OCT 0 8 2002 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, by operation of certain statutory provisions the previously existing local amendments to then existing fire and life safety code provisions then in effect have been replaced by the statewide minimum code making appropriate the repeal of no longer effective local ordinances comprising Article II of Chapter 58 of the Collier County Code of Laws and Ordinances; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, are replaced with the text which follows: Sec. 58-26. Collier County Fire Protection and Prevention Code Adopted. The standards and Code sections of the "National Fire Codes", as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4A-3.012, 4A-60.005 or referenced by the 2000 edition of NFPA 1 or NFPA 101 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest, and convenience of the citizens, visitors, and residents of Collier County, Florida. A~..N~A I'1~ OCT 0 8 2002 2Last printed 9/18/2002 9:47 AM pg. ~2), 93 94 95 96 97 98 99 lO0 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 .126 127 128 129 130 131 132 133 134 135 136 137 138 NFPA Code Standard Edition 18 1995 42 1997 50A 1999 70E 2000 79 1997 97 2000 170 1999 412 1998 423 1999 513 1998 560 1995 600 2000 601 2000 801 1998 901 2001 1961 1997 1964 1998 Description Wetting Agents Storage of Pyroxylin Plastic Gaseous Hydrogen Systems Electrical Safety Requirements for Employee Workplaces Electrical Standard for Industrial Machinery Glossary of Terms Relating to Chimneys and Vents Fire Safety Symbols Evaluating Aircraft Rescue and Fire Fighting Foam Equip. Const. and Protection of Aircraft Engine Test Facilities Motor Freight Terminals Storage, Handling and Use of Ethylene Oxide Industrial Fire Brigades Security Service in Fire Loss Prevention Facilities Handling Radioactive Materials Standard Classifications for Incident Reporting Fire Hose Spray Nozzles Sec. 58-27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 2000 Edition," is hereby amended by local amendment as follows: (A) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 1-8 to read as follows: 1-8 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, Division 5.4, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. 3Last printed 9/18/2002 9:47 AM OCT 0 8 2002 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 1-19.3 to read as follows; 1-19-3 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County fi.om taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) APPLICATION i) Amend subsection 1-5.2 to read as follows: 1-5.2 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58-26 shall be considered a part of this code. ii) Amend Subsection 1-5.5 to read as follows: 4Last printed 9/18/2002 9:47 AM 1-5.5 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings OCT 0 8 2002 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 2O6 2O7 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 Existing buildings or installations that do not comply with the provisions of the publications referenced in 1-5.2 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard..Occupied existing buildings shall comply with 1-9.2. (2) OCCUPANCY i) Amend Subsection 1-9.1 to read as follows: 1-9.1 No new construction or existing building shall be occupied in whole or in part in violation of the provisions of this Code or other applicable Collier County laws and ordinances. All tenants and occupants shall obtain a "Notice of Fire Compliance" certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi-family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance". (3) PERMITS AND APPROVALS i) Amend Subsection 1-16.16(3) to read as follows: 5Last printed 9/18/2002 9:47 AM Bonfires and Outdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in '-.L~ t~-41~A~ public street, alley, road, or other publi or~ ~6' (~ OCT 0 8 2002 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 26O 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires and small recreational fires not intended for vegetation or rubbish disposal, when conducted safely and on the property of the subject are exempt and do not require a permit. ii) Not withstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Govemor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board. (4) PLANS REVIEW i) Amend Subsection 18.2 to read as follows: 1-18.2 It shall be the responsibility of the applicant to ensure that: (1) The construction documents include all of the fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and ½ x 11 page or pages entitled "Fire Protection Plan" that depict the following: 6Last printed 9/18/2002 9:47 AM (a) Completed form titled "Collier County Fire Districts Pre-Incident Planning Data". Form must be completely filled out, indicating N/A where not applicable. ~,~ I'r~' C OCT 0 8 2002 277 278 279 28O 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 3OO 301 3O2 3O3 3O4 3O5 306 3O7 3O8 309 310 311 312 313 314 315 316 317 318 319 320 321 ~) Use of Uniform Drawing Symbols and Legend as published in NFP^ 170, Standard for Fire Safety Symbols (particularly chapters 5 & 6) 1999 Edition: Copyright National Fire Protection Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 fi (304.8m) measured along the centefline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail/section from foundation through the roof illustrating the predominant or typical floor(s), wall(s) and roof materials. Such detail/section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section 7-5.1.1. (j) Fire district water supply flow test(s) as required by section 7- 5.1.5. (k) Main utility (electric, gas, water, etc.) shutoff locations. (1) Hazardous and/or combustible materials locations and estimated quantities. (m) Locations of features of fire protection systems (fire department connections, fire sprinkler shut-off, fire alarm panels, standpipes etc.) Exception 1: Group R-3. One and Two-family Residences. Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. 7Last primed 9/18/2002 9:47 AM OCT 0 8 2002 322 323 324 325 326 327 328 329 33O 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 Exception 3: Square footage square feet. (5) COST OF PERMIT (i) additions that do not exceed Add Section 1-21 to read as follows: 1-21 COST OF PERMIT Refer to Collier County (establishing fees), Exhibit B Resolution No. 1000 01-313, (C) CHAPTER 2 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2-1.166 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County. 2-1.167 Fire Official- The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2-1.168 Owner- Any person or entity having a legal or equitable interest in the property. 2-1.169 Interlocal agreement- An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2-1.170 Manual Wet Standpipe- Refer to NFPA 14:3-2.5 2-1.171 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub-classification, or its successor. (ii) Amend 2-1.67 to read as follows; 8Last printed 9/18/2002 9:47 AM OCT 0 8 2002 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 39O 391 392 393 394 395 396 397 398 399 4OO 401 '402 4O3 4O4 405 406 4O7 4O8 4O9 410 411 412 413 2-1.67 Fire lane means any driveway, road, or unobstructed area, which may be used by the fire department for the movement of fire vehicles or firefighting operations. (D) CHAPTER 3 GENERAL PROVISIONS (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. i) Amend Subsection 3-4.1 to read as follows: 3-4.1 Permits. Permits are required and shall comply with Section 1 - 16. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding qf lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wiM lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board ii) Amend Subsection 3-4.7 to read as follows: 3-4.7 No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure. Exception: Single-family dwellings. 9Last printed 9/18/2002 9:47 AM OCT 0 8 2002 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 iii) (2) FIRE LANES 3-5.2 10Last printed 9/18/2002 9:47 AM 3-4.8 No gas-fired cooking grill shall be kindled or maintained on balconies or within 10 feet of any structure. LP gas cylinders in excess of 21/2 lbs, water weight shall not be stored within 10 fi of a residential building. Exception: Single-family dwellings. i) Amend Subsection 3-5.2 to read as follows; All buildings that a fire department may be called to protect that are not readily accessible to an adjacent local street shall be provided with a suitable fire lane or parallel access drive unless the analysis of the fire official indicates the fire access is unnecessary. Such fire access is necessary for all buildings three (3) or more stories in height which are not adjacent to a local street. (a) Parking spaces adjacent to structures that, in the opinion of the fire official, may hinder or delay firefighting forces in the performance of their duties are prohibited. Limited designated parking spaces may be approved by the fire official when alternative arrangements are made prior to construction, which must include automatic fire suppression systems. (b) The fire official may require additional fire lanes around commercial buildings when his or her analysis indicates additional access to the building is needed. (c) No new wet or dry retention or detention areas shall be located directly adjacent to any structure unless prior approval is received from the fire official. ii) Add subsection 3-5.2.1 to read as follows; 3-5.2.1 Fire lanes shall be not less than 20 ft (6m) of unobstructed width, able to with ;tand AC, r~, ~ OCT 0 8 2002 46O 461 462 463 464 465 466 467 468 469 47O 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 49'7 498 499 500 501 502 503 504 505 11 Last printed 9/18/2002 9:47 AM live loads of fire apparatus, and have a minimum of 14 ft vertical clearance. Turning radii for fire lanes not exceeding a 90 degree turn where serving buildings shall be 25 f~ inside and 49 R outside and turning radii for fire lanes serving parking lots only shall be 25 ft inside and 45 ft outside. Where turns exceed 90 degrees the standards for turnarounds shall apply. An approved turn around for fire apparatus shall be provided where an access road is a dead end and in excess of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (12.7m). The grade surface and location of the fire lane shall be approved by the authority having jurisdiction. At least one elevation of each building shall be accessible to the fire depmtment. Required fire lanes shall be provided with the inner edge of the roadway no closer than 10 feet and no farther than 30 feet from the building. Such lanes shall have a surface designed to accommodate fire apparatus with a minimum weight of 32 tons. Exception No. 1: Adequacy of emergency vehicle access shall be determined by the authority having jurisdiction. Exception No. 2: T or Y turnaround arrangements shall be permitted. Exception No.3: - When acceptable to the authority having jurisdiction, turnaround arrangements other than a cul-de-sac shall be permitted to be used. iii) Add Subsection 3-5.5.1 to read as follows: 3-5.5.1 EMERGENCY VEHICLE ACCESS 3-5.5.1 This section is intended to apply to all gate installations EXCEPT those serving individual single-family residences. iv) Add Subsection 3-5.5.1.1 to read as follows: OCT 0 8 2002 n. 12-.. 506 5O7 5O8 5O9 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 53O 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 12Last printed 9/18/2002 9:47 AM v) vi) vii) 3-5.5.1.1 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter/receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction. Add Subsection 3-5.5.2.3 to read as follows; 3-5.5.2.3 All electronic access control gates under section 3-5.5.1.1 shall be compatible with the uniform county -wide transmitters. Said transmitters are carried only within emergency services vehicles. Add Subsection 3-5.5.2.4 to read as follows; 3-5.5.2.4 All electronic access control gates shall have a battery backrup with a fail safe override. Exception No. 1 - Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 - Gates serving individual single-family residences. Add Subsection 3-5.5.2.5 to read as follows; OCT 0 8 2002 551 552 553 554 555 556 557 558 559 56O 561 562 563 564 565 566 567 568 569 57O 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 59O 591 592 593 594 595 596 3-5.5.2.5 All non-electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section 3-6. Exception No. 1 - Gates serving individual single-family residences. viii) Add Subsection 3-5.5.2.6 to read as follows; 3-5.5.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend Subsection 3-5.6.2.1to read as follows; 3-5.6.2.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. x) Amend Subsection 3-5.6.2.2 to read as follows; 3-5.6.2.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (3) PUBLIC ASSEMBLAGES AND EVENTS i) Add section 3-10.7 to rear as follows; ii) 3-10.7 Public Assemblages and Events Add subsection 3-10.7.1 to read as follo~ 13Last printed 9/18/2002 9:47 AM OCT 0 8 ZOO2 597 598 599 6O0 601 6O2 603 6O4 6O5 6O6 6O7 6O8 6O9 610 611 612 613 614 615 616 617 618 619 62O 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 Where the authority having jurisdiction determines that the gathering of persons in a structure or outside of a structure or the nature of the performance, exhibition, display, contest, or activity presents or is predicted to present unusual and significant impact on public safety, including access to buildings, structures, fire hydrants, fire lanes, and the like, or other provisions of public safety services, including fire protection and emergency medical services, the authority having jurisdiction shall have the authority to order the development of or prescribe a plan for the provision of safety services which provides a reasonable degree of safety for the attendees, participants and other affected members of the public. iii) Add Subsection 3-10.7.2 to read as follows; 3-10.7.2 The plan shall address such items as emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspections, public assembly areas and the directing of attendees and vehicles, vendor and food concession distribution, and the need for the presence of law enforcement, fire, and medical services personnel at the event. Said plan shall be submitted to the authority having jurisdiction a minimum of two weeks prior to the starting date of the event. iv) Add Subsection 3-10.7.3 to read as follows; 3-10.7.3 The authority having jurisdiction is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages and events covered by the provisions of section 3-10.7, as it may deem necessary in accordance with the applicable service resolution of the governing body. (4) CLOTHES DRYER VENTING i) Add section 3-11 to read as follows; 14Last printed 9/18/2002 9:47 AM OCT 0 8 2002 643 644 645 646 647 648 649 65O 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 '677 678 679 680 681 682 683 684 685 686 687 688 Venting of clothes dryers, whether electric or gas fired shall be on the floor of origin or into an approved shat~. Exception 1: Group R-3, Detached one and two-family residences. Exception 2: Other arrangements as may be approved by the authority having jurisdiction. (E) CHAPTER 7 FIRE PROTECTION SYSTEMS i) Amend Subsection 7-2.2.2 to read as follows; Exception 1: Buildings classified as R-2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Subsection 7-2.2.2.1 to read as follows 7-2.2.2.1 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Subsection 7-2.2.2.2 to read as follows; 7-2.2.2.2 Any high-rise building as defined by the Florida Building Code, 2001 Edition shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 100 psi at the uppermost hose connection. iv) Add Subsection 7-2.2.2.3 to read as follows; 15Last printed 9/18/2002 9:47 AM 7-2.2.2.3 Fire department valves on standpipe systems shall not be pressure-reducing valves. Pressure restricting devices shall be installed on any valve with pressure in exc~ OCT 0 8 2002 689 69O 691 692 693 694 695 696 697 698 699 7OO 701 7O2 703 704 705 706 707 708 709 710 711 712 715 714 715 716 717 718 719 72O 7'21 722 723 724 725 726 727 728 729 730 731 732 733 734 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. v) Add Subsection 7-2.2.2.4 to read as follows; 7-2.2.2.4 All fire department connections, other than those serving a high rise building, shall be located within 50 fi (15.25m) of a fire hydrant and within 50 ft (15.25m) of a fire department vehicle access road. Exception 1: Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add Subsection 7-2.2.2.5 to read as follows; 7-2.2.2.5 New high-rise buildings shall be equipped with two fire department connections. One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department connection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vii) Add subsection 7-3.1.1. to read as follows: 7-3.1.1. Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in and Includine Residential Occupancies up to NFI~ 13Ylg~..~,ll'E~ Four Stories in Height; or ~'~ ~ 16Last printed 9/18/2002 9:47 AM OCT 0 B 2002 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 76O 761 762 763 764 765 766 767 768 769 77O 771 772 773 774 775 776 777 778 779 780 17Last printed 9/18/2002 9:47 AM viii) Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. All fire sprinkler systems shall be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PSI or more the test will be extrapolated to seasonal static of 50 PSI. The formula is as follows: X Factor = Seasonal Static / Measured Static Design Res. Pres. = (Residual Pres) x (X Factor) Design Pitot PSI = (Pitot Press) x (Xfactor) For flow tests with a static of less than 50 PSI the un-extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 7-5.1.1. Add to Section 7-3.2.2 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. 1: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not otherwise required to be protected by sprinklers pursuant to the Buildine Code or other applicable standards. - ~7.,re.~, I~T? OCT 0 8 2002 781 782 783 784 785 786 787 788 789 79O 791 792 793 794 795 796 797 798 799 800 801 8O2 803 8O4 8O5 8O6 8O7 8O8 8O9 810 81'1 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 18Last printed 9/18/2002 9:47 AM ix) Add subsection 7-3.2.2.1, to read as follows; 7-3.2.2~1 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub-out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. x) Amend subsection 7-3.4.2 to eliminate (2),(3) and (4). And add two exceptions to the existing exception as follows: · Exception No 2: 13D systems in one and two family dwellings. Exception No 3: Sprinkler piping serving not more than six sprinklers connected directly to a domestic water supply system. However the control valve shall be locked in the open position. xi) Add Subsection 7-5.1.1 to read as follows; 7-5.1.1 The following are fire flow requirements for new construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 2000 edition) or any physical enlargement of existing buildings. All one and two family dwellings are exempt form these requirements except new subdivisions as provided for in (1) a below: New exclusive one and two family subdivisions: Building Square Footage Min. Fire Flow (GPM) Less than or equal to 5000 500 Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 19991ed]t]q~5,~l~.~ as applicable. l0CT082002 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 NFPA classification Light Ordinary I & II Extra 19Last printed 9/18/2002 9:47 AM All other buildings shall calculate required fire flows in accordance with the following formula shown in subsection (3) below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 1999 edition shall be used for the purpose of determining hazard classification. Formula application Light Ordinary High Fire flow based on the formula NFF= [(18) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x {SQUARE ROOT (BUILDING SQUARE FOOTAGE)} x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) 1.0 = Ordinary (Type V) 0.8 = Noncombustible (Type III & IV) 0.6 = * Fire resistive (Type I & II) Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard Coefficient based on exposure distance in feet. 0-10 = 1.25 11-30 = 1.2 31-60 = 1.15 61-100 = 1.1 101-150 = 1.05 >150 = 1 Coefficient based on fire sprinklers. OCT 0 8 2002 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 89O 891 892 893 894 895 896 897 898 899 9OO 901 9O2 9O3 9O4 9O5 906 9O7 908 909 910 911 912 913 914 9'15 916 917 0.5 = Fully fire sprinklered 1 = Not fully fire sprinklered *Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four-hour "fire wall" may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi-family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add Subsection 7-5.1.2 to read as follows; 7-5.1.2 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. xiii) Add subsection 7-5.1.3 to read as follows: 7-5.1.3 20Last printed 9/18/2002 9:47 AM Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family OCT 0 8 2002 ._Zl 918 919 920 921 922 923 924 925 926 927 928 929 93O 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 areas with buildings not exceeding 5000 sq fi, and three hundred (300) feet in all other areas. xiv) add subsection 7-5.1.4 to read as follows: 7-5.1.4 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. xv) Add subsection 7-5.1.5 to read as follows: 7-5.1.5 Prior to development of new structures or fire protection systems, a fire flow test in accordance with NFPA 291 shall be preformed by the fire district having jurisdiction. Such tests shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1-18.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. xvi) Add subsection 7-5.1.6 to read as follows: 7-5.1.6 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section 1-18.2 xvii) Add subsection 7-5.1.7 to read as follows: 7-5.1.7 Proposed single structure site developments within 1000 fl (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requiremer NFPA 1142, Standard on Water Supplies for Subx 21 Last printed 9/18/2002 9:47 AM ~ of ~ban ~3~ W~ OCT 0 8 2002 964 965 966 967 968 969 97O 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 and Rural Fire Fighting 1999 edition, shall apply. Proposed multi-structure site developments shall provide permanent fire protection water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection7- 5.1.1 xviii) Add subsection 7-7.1.4 to read as follows: 7-7.1.4 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Exception No 1: One and two family dwellings xix) Add subsection 7-7.1.5 to read as follows: 7-7-1.5 All fire sprinkler systems shall activate one or more monitored audio/visual device located on the exter/or of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. Exception: Single family dwellings (F) CHAPTER 13: COMMERCIAL COOKING EQUIPMENT (1) 13-2 PORTABLE FIRE EXTINGUISHERS i) Amend subsection 13-2.3 to eliminate the exception. Sec. 58-28. Amendments to the Life Safety Code. NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 2000 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4.8, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.8 Use of Fire and Spark Producing Devices in Public Places. 22Last printed 9/18/2002 9:47 AM OCT 0 8 2002 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 4.8.1. (B) CHAPTER 9: EQUIPMENT (l) ii) Add new subsection 4.8.1 to read as follows: It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: 1) In the board of county commissions chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. BUILDING SERVICE AND FIRE PROTECTION SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL (II) 23Last printed 9/18/2002 9:47 AM i) Add Subsection 9.6.1.10 to read as follows; 9.6.1.10 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. OCCUPANT NOTIFICATION 9-6.3.8 Audible alarm notification appliances of such character and so distributed Amend subsection 9-6.3.8 to read as follows; shall~'~A ~-M as OCT 0 8 2002 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 effectively heard above the average ambient sound level occurring under normal conditions of occupancy. Residential occupancies: Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 70 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING · EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi-family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. Sec. 58-29. Reserved. SECTION TWO: Repeal of certain no longer effective ordinances. The following Collier County ordinances, having been preempted by operation of state law, are hereby repealed and are no longer of any force or effect: Ordinance #'s 76-7, 92-72, 98-74, 99-29, and 99-47. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to be made a part of the 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. 1095 1096 1097 1098 1099 1100 SECTION FOUR: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of ¢ ~-:-v-~s ~ jurisdiction, such portion is deemed a separate, distinct and independent pro'~ s~onno.an~. such holding will not affect the validity of the remaining portion. OCT 0 8 2002 24Last printed 9/18/2002 9:47 AM 101 102 103 104 105 106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners Collier County, Florida, this day of ,2002 of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman 25Last printed 9/18/2002 9:47 AM OCT 0 8 2002. EXECUTIVE SUMMARY AMENDMENT TO THE EMERGENCY MANAGEMENT ORDINANCE EXPANDING THE SUCCESSION OF AUTHORITY TO INCLUDE ALL COUNTY COMMISSIONERS, THE COUNTY CLERK OF COURTS AND THE DEPUTY COUNTY MANAGER OBJECTIVE: To gain Board of County Commissioners approval to amend Section 38-58. and 38-59. of the Emergency Management Ordinance that would expand the line of succession to include all County Commissioners, the County Clerk of Courts and the Deputy County Manager. CONSIDERATION: Ordinance 84-37 was crafted to delineate a line of succession for the County to order a state of local emergency for pending or occurring natural or technological disasters in the event that a quorum of the Board could not be obtained. At that time, and until now, the line of succession was the Board Chairman, Vice-Chairman and the County Manager. As a result of the attack on the World Trade Center on September 11,2001, it became necessary to develop a framework to expand the line of succession. The attached Ordinance revises the line of succession to the Board Chairman, Vice-Chairman, the next County Commissioner by seniority, the County Manager, the Clerk of Courts and the Deputy County Manager in that order. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment to the Emergency Management Ordinance that would include all County Commissioners, the Clerk of Courts and the Deputy County Manager in the line of succession for the issuance of states of local efhergencies. SUBMITTED BY: / /~ ~ . Date: Richard A. ~61~ski Emergen~cy~/~ ~Coordinator \ Ap p RovED~B~. ~..l~~.~ .._ Date: ' ~enneth F. Pinean ' Interim Emergency Services Administrator I 2 ORDINANCE NO. 2002 - 3 4 AN ORDINANCE AMENDING CitAPTER 38, CIVIL 5 EMERGENCIES, ARTICLE 111, DECLARATION OF STATE OF 6 EMERGENCY, OF TilE COLLIER COUNTY CODE OF LAWS 7 AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, 8 AS AMENDED, AMENDING SECTIONS 38.58 AND 38.59 9 ADDING TO SUCCESSION OF AUTIIORITY TO INCLUDE ALL I0 COUNTY COMMISSIONERS, TilE COUNTY CLERK AND THE 11 DEPUTY COUNTY MANAGER; PROVIDING FOR INCLUSION 12 IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR 13 CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN 14 EFFECTIVE DATE. 15 16 WHEREAS, Florida Statutes, Chapter 252 provides for emergency management for Florida I7 counties; and I8 WHEREAS, Florida Statutes, Chapter 252 has been amended from time to time and Collier I9 County desires to have its existing Emergency Management Ordinance conform to the Florida 20 statutory provisions; and 21 WHEREAS, there is a need to clarify certain provisions of the existing Collier County 22 Emergency Management Ordinance in order to better define the extent of the County's emergency 23 management powers; and 24 WHEREAS, certain issues pertaining to rendering outside aid and liability for the use of private 25 property are being provided for herein; and 26 WHEREAS, the intent of the following amendments is to ensure that Collier County is 27 properly prepared in the event of a hurricane or other natural or manmade disaster; and 28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County Ordinance 84-37, as 30 mnended, is further amended as follows: 31 SECTION ONE: Article I11. Declaration of State of Emergency, Sections 38-56, through 38-70 of the 32 Code of Laws and Ordinances of Collier County, Florida are amended as follows: 33 Section 38-56. Intent. 34 It is the intent of the county to designate a county official to declare a local state of emergency 35 m~d to authorize certain actions relating thereto when a quorum of the board of county commissioners 36 is unable to meet. For the purpose of this article, "emergency" is defined as provided in F.S. ch. 252, 37 as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or 38 in peace, which results or may result in substantial injury or harm to the population or substan[!.a[ 39 damage to or loss ofproperty. ~: - -- [2 1' 2002 I- Words underlined are added; Words :;.-.:ct.: ....... ~,.. are deleted. [~'.~ .... I (Ord. No. 84-37, § 1) 2 Section 38.57. Definitions. 3 (1) "Disaster" means any natural, technological, or civil emergency that causes damage of 4 sufficient severity and magnilt,de to rest, It m a declaration of a slate of emergency by the county, thc 5 Governor, or the President of the Unilcd States. Disasters shall be identified by thc severity of 6 resulting damage, as follows: 7 (a) "Catastrophic disaster" means a disaster that will require massive state and 8 federal assistance, including immediate military involvement. 9 (b) "Major disaster" means a disaster that will likely exceed local capabilities and 10 require a broad range of state and federal assistance. I I {c) "Minor disaster" means a disaster that is likely to be within the response 12 capabilities o£ local government and to result in only a minimal need for state or 13 federal assistance. 14 (2) "D/vision" Ill,ailS [lie Dix ision of Emergency Mauagcmcnt of tile Department of 15 Community Affairs, or thc successor to that division. 16 (3) "Emergency" means any occurrence, or threat thereof, whether natural, technological, 17 or manmade, in war or in peace, which results or may result in substantial injury or 18 bann to the population or st~bstantial damage to or loss of property. I9 (4) "Emergency management" mcans the preparation for, tile mitigation of, the response to, 20 and tile recovery from emergencies and disasters. Specific emergency management 2I responsibilities include, but are not limited to: 22 (a) Reduction of vtdncrability ofpeople and communities of this state to damage, 23 injury, and loss of life and property resulting from natural, technological, or 24 manmade emergencies or hostile military of paramilitary action. 25 (b) Preparation for prompt and efficient response and recovery to protect lives and 26 property affected by emergencies. 27 (c) Response to emergencies using ali systems, plans, and resources necessary to 28 preserve adequately the health, safety, and welfare of persons or property 29 affected by the emergency. 30 (d) Recovery from emergencies by providing for the rapid and orderly start of 31 restoration and rehabilitation of persons and property affected by emergencies. - 2- Words underlined are added; Words ~ arc deleted. OCT 2002 I (e) Provision of an emergency managcmcnt system embodying all aspects of pre- 2 emergency preparedness and post-emergency response, recovery, and 3 mitigation. 4 (f) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of 5 emergencies which may be caused or aggravated by inadequate planning for and 6 regulation of, public and private facilities and land use. 7 (5) Emergency Management Department means the County department created in 8 accordance with the provisioqs of Florida law to discharge the emergency management 9 responsibilities and functions of Collier County. IO (6) "Manmade emergency" means an emergency caused by an action against persons or 11 society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or 12 other action impairing the orderly administration of government. I3 (7) "Natural emergency" means an emergency caused by a natural event, including, but not 14 limited to, a hurricane, a stom~, a flood, severe wave action, a drought, or an 15 earthquake. 16 (8) The Director of tile Office of Emergency Management is the county official having the 17 responsibility to execute the emergency management plan itl Collier County and shall I8 hereinafter be referred to as the "Director". 19 Section 38-58. Officer designated to declare emergency. 20 Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise 21 required of political subdivisions to take whatever prudent action is necessary to ensure the health, 22 safety and welfare of the community in the event of a state of emergency, when a quorum of the board 23 of county commission is unable to meet, the chaim~an of Ihe board of county commissioners, or the 24 vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next 25 County Commissioner in order of seniority, or if two or more were appointed on the same date, then in 26 alphabetical order among them; and in the absence of any Commissioner~ o~ the ce, County Manager, 27 in the absence of the County Manager; o~ tie: ~::ig::ee zf the Clerk of Courts; and in the Clerk's 28 absence the Deputy County Manager is are hereby designated and empowered to declare a local state 29 of emergency whenever 1~ the designated person, according to the above order of preference shall 30 determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is 31 imminent and requires immediate and expeditious action. 32 (Ord. 84-37, § 2) 3- Words underlined are added; Words ~'~r'.:':!: '2:rz"g!: are deleted. : 1 2 3 Section 38-59. Extent of Statement of Emergency. 4 A state of emergency shall be declared by proclamation of the chairman, or the vice chairman 5 in his or her absence, and ill the absence of the chairman and ;'ice chairman; the next County 6 Commissioner in order of seniority, or if two or more were appointed on the same date, then in 7 alphabetical order among; them, and in the absence of any Commissioner; er vj the c-C_ounty 8 mM~anager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; o~ 9 b:,' the des!ghee ef the Deputy County Manager. Tile state of emergency shall continue for seven (7) I0 days and may be extended in seven (7) day increments nntil the chairman, or vice-chairman in his 11 absence, the next County Commissioner in order of seniority, or if two or more were appointed on the 12 same date, then in alphabetical order among them, and in the absence of any Commissioner; o~ ce. gat:,' 13 manager in ',~e abzc:;c: ~f the chaim~an a:~d ;'ice cl:aim'.an v~r_dezig~ee ~f the County Manager, and in I4 the absence of the County Manager, the Clerk of Courts~ and in the Clerk's absence; the Deputy 15 County Manager finds that the threat or danger no longer exists and/or until an emergency meeting ora 16 quorum of the Board of County Commissioners can take place and tem~inate the state of emergency 17 proclamation. (Ord. No. 84-37, § 3) 18 Section 38-60. Proclamation. I9 A proclamation declaring a state of emergency shall activate the disaster emergency plans 20 applicable to the county and shall be the authority for the use or distribution of any supplies, 21 equipment, materials or facilities assembled or arranged to he made a;'ailablc pursuant to such plans. 22 (Ord. No. 84-37, § 4) 23 Section 38-61. Use of Public Facilities for Shellers. 24 Public facilities, including schools, postsecondary education facilities, and other facilities 25 owned or leased by the state or local governments, but excluding hospitals or nursing homes, which are 26 suitable for use as public hurricane evacuation shelters shall be made available at the request of the 27 Emergency Management Director or Emergency Management Director's designee. The Director or 28 the Director's designee shall coordinate with the appropriate school board, university, community 29 college, or local governing board when requesting the use ofsuch facilities as public hurricane 30 evacuation shelters. 31 Section 38-62. Power of Employees Rendering Outside Aid. 4.- Words underlined are added; Words ~ are deleted. OCT -8 20(0 I (1) Whenever tile employees of the County are rendering aid beyond tile territorial boundaries 2 of the county, such employees shall have the same powers, duties, rights, privileges, and immunities as 3 if they were performing their duties itl the County. 4 (2)(a) Tile political subdivision in which any equipment is used pursuant to this section shall 5 be liable for any loss or damage thereto and shall pay any expense incurred in the operation and 6 maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized 7 notice of such claim under oath is served by mail or othenvise upon the chief fiscal officer of the 8 political subdivision in which the equipment was used xvithin 60 days after the loss, damage, or 9 expense is sustained or incurTed. 10 ~.b) The political subdivision which is aided pursuant to this section shall also pay and I 1 reimburse the County for furnishing such aid for compensation paid to employees furnished under this 12 section during the time ofthe rendition ofsuch aid and shall defray the actual travel and maintenance 13 expenses of such employees while they arc rendering such aid. Such reimbursement shall include any I4 amounts paid or due for compensation due to personal injury or death while such employees are 15 engaged in rendering such aid. The term "employee" as used in this section means, and the provisions 16 of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency 17 management services workers. The same shall apply for aid rendered to Collier County. I8 Section 38-63. Mutnal Aid Agreements. 19 (1) The County is authorized to develop and enter into mutual aid agreements within the state 20 for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with 21 unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency 22 Management. Such agreements shall be consistent with tile state comprehensive emergency 23 management plan and program, and in time of emergency it shall be the duty of the County to render 24 assistance in accordance with the provisions of such mutual aid agreements to the fullest possible 25 extent. 26 Section 38-64. Compensation. 27 (1) Compensation for services or for the taking or use of property shall be owed only to the 28 extent that a claimant may not be deemed to have volunteered her or his services or property without 29 compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to 30 render such services or make such property so available. Words underlined are added; Words c:r'~':.: ...r~_~.. arc deleted. OCT -8 2002 I (2) Compensation owed for personal services shall be only such as may be fixed by the Florida 2 Division of Emergency Management. 3 (3) Compensation for property shall be owed only if tile property was commandeered or 4 otherwise used in coping with an emergency and its use or destruction was ordered by the County. 5 (4) ,4aly person claiming compensation for the use, damage, loss, or destruction of property 6 shall file a claim therefor with the County utilizing tile claim form attached hereto as Exhibit "A". 7' (5) Unless tile amount of compensation owed on account of property damaged, lost, or 8 destroyed is agreed between tile claimant and tile Cotmly, the amount of compensation shall be 9 calculated in the same manner as compensation due for a taking of property pursuant to tile I0 condenmation laws of this state except that ifa party making a claim pursuant to this provision who II disagrees with tile amount ofcompensation offered by the County shall bear its own costs and attorney 12. fees. I3 (6) Nothing in this section applies to or authorizes compensation for the destruction or 14 damaging ofstanding timber or other property in order to provide a firebreak or damage resulting from 15 the release ofwaters or the breach of impoundments ill order to reduce pressure or other danger from 16 actual or threatened flood or applies to or authorizes compensation beyond the extent of funds 17 available for such compensation. I8 Section 38-65. Emergency Orders and Rules. 19 All emergency orders and rules adopted by tile County during a declared state of emergency shall have 20 the full force and effect oflaw after adoption when filed ill the office of the Clerk of Courts or the 21 designee of the Clerk of Courts. 22 Section 38-66. Enforcement. 23 The law enforcement authorities of the County and municipalities of the County shall enforce 24. the orders and rules issued pursuant to Section 38.65 herein. 25 Section 38-67. Liability. 26 Any person or organization, public or private, owning or controlling real estate or other 27 premises who voluntarily and without compensation other than payment or reimbursement of costs and 28 expenses, grants a license or privilege or otherwise permits the designation by the County Emergency 29 Management Department for use of the xvhole or any part ofsuch real estate or premises for the 6- Words underlined are added; Words z.:.'".:c!: :!:re'-'g!~. are deleted. I purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with 2 her or his successor in interest, ifany, shall not he liable for the death of, or injury to, any person on or 3 about such real estate or premises during thc actual, impending, mock, or practice emergency, or for 4 loss of, or damage to, the property ofsuch person, solely by rcason or as a result of such license, 5 privilege, designation, or usc, unless the gross negligence or the willful and wanton misconduct of such 6 person owning or controlling such real estate or premises or her or his successor in interest is ti~e 7 proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any 8 such person or organization who provides such shelter space for compensation shall be deemed to be 9 an instrumentality of the State or the County where applicable, for the purposes of F.S. 768.28. 10 Section 38-68. Authorized Emergency Measures. 11 In addition to any other powers conferred by law, upon the declaration of a state of emergency 12 pursuant to this article, the chairman, or vice-chaim~an in his or her absence, and itl tile absence of the 13 chairman; tile next County Commissioner in order of seniority, or iftwo or more were appointed on the 14 same date, then in alphabetical order among them, and ill the absence of any Commissioner; o~ the 15 County manager, in the absence of the County Manat~cr; thc Clerk of Courts; and in the Clerk's 16 absence; the Deputy County Manager the zhaim:an and vic: ch::i:qnan, may order and promulgate all 17 or any of the following emergency measures to be effective during the period of such emergeucy in 18 whole or iu part, and with such limitation and conditions as he may deem appropriate to protect tile 19 health, safety and welfare of the commulfity: 20 (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, 21 explosives, and combustibles. 22 (2) Establish curfews, including but not limited to the prohibition of or restrictions on 23 pedestrian and vehicular movement, standing and parking, except for the provision of 24 designated, essential services, such as fire, police, emergency medical services and 25 hospital services, including the transportation of patients, utility emergency repairs and 26 emergency calls by physicians. 27 (3) Utilize all available resources of the county government as reasonably necessary to cope 28 with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be co- 29 signed by the County Attorney or his or her designee. 30 (4) Emergency management powers; political subdivisions 31 1. To appropriate and expend funds; make contracts; obtain and distribute 32 equipment, materials, and supplies for emergency management purposes; 7- Words underlined are added; Words ctr,.:::: :!:.'m:'g!: are deleted. OCT - 2002 I 2 3 4 5 6 7 8 9 I0 I1 I2 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workcrs. (5) Declare certain areas off limits to all but emergcncy personnel. (6) Nlake provisions for availability and use of temporary emergency warehousing of materials. emergency housing and (7) Establish emergency operating ceuters and shelters in addition to or in place of those provided for in the county's emergency plan. (8) Declare that during an emergency it shall be unlawful and an offense against the county for any person to use the frcsh water supplied by the county, or local municipalities or other entities for any purpose other than cooking, drinking or bathing. (9) Declare that during an cmcrgcncy it shall be u,flawful and an offense against the county for any person operating within the county to charge more than the normal average retail price for any merchandisv, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were bcing soid during the 30 days immcdiately preceding the emergency or at a mark-up which is a Iz~ccr percentage over wholesale cost than was being added to wholesale cost prior lo the emergency. (10)Confiscate merchandisc, cquipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency. (Il)Preceding or during the emergency, the chairman, the vice-chairman, or in their absence, the manager, shall have the authority to request the National Guard or the Army, Coast Guard, or othcr law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control. (Ord. No. 84-37, § 5) (12) Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to: Words underlined are added; Words &::'.:'c!: :!::e'-:'g!~. are deleted. 1 i. Performance of public work and taking whatever prudent action is 2 necessary to ensure the health, safety, and welfare of the community. 3 ii. Entering into contracts. 4 iii. Incurring obligations. 5 iv. Employment of permanent and temporary workers. 6 v. Utilization of volunteer workers. 7 vi. Rental of equipment. 8 vii. Acquisition and distribution, with or without compensation, of supplies, 9 materials, and facilities. I0 viii.Appropriation and expenditure of public funds. I I Section 38-69. Declaration, termination by board while in session. 12 Nothing in this article shall be construed to limit the authority of the board of county 13 commissioners from declaring or terminating a state of emergency and taking any action authorized by 14 law when sitting in regular or special session. (Ord. No. 84-37, § 6) 15 Section 38-70. Penalty for violation. 16 Penalties.--Any person violating any provision of this Emergency Management Code or any 17 rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the 18 second degree, punishable as provided in Florida Statutes, Sections 775.082 or 775.083. Each day of 19 continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, 20 any licensee of the county found guilty ofviolation any provision of this article, or the emergency 21 measures which may be made effective pursuant to this article, may have his license suspended or 22 revoked by the board of county commissioners. 23 (a) Nothing herein contained shall prevent tile county from taking such other lawful action 24 in any court of competent jurisdiction as is necessary to prevent or remedy any refusal 25 to comply with, or violation of, this article or the emergency measures which may be 26 made effective pursuant to this article. Such other lawful action shall include but not 27 be limited to an equitable action for injunctive relief or an action at law for damages. 28 (Ord. No. 84-37, § 7) 29 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 30 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 31 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- Words underlined are added; Words ctr-:'zk :!::eugh are deleted. OCT 2002 1 2 3 4 5 6 7 8 9 10 II 12 13 I4 15 16 I7 18 19 20 21 22 24 25 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable laxv, thc more restrictive shall al)ply. If any phrase or portion of thc Ordinance is held invalid or unconstitulJonal by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shati not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commiszioners of Collier Count. y, Florida, this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman Approved as to fonu and legal sufficiency: :2(3 ~- 29.._JaCqueline Hubbard Robinson 30 Assistant Courtly Attorney 31 32 tO- Words underlined are added; Words r,~ are deleted. OCT -B 20' EXECUTIVE SUMMARY PETITION PUDA-2001-AR-1404: DWIGHT NADEAU OF RWA, INC., REPRESENTING CONQUEST DEVELOPMENT USA, L.C., REQUESTING AN AMENDMENT TO THE SILVER LAKES PUD TO ALLOW MODIFICATION TO THE LAND USE DISTRIBUTION TABLE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD APPROXIMATELY ONE AND THREE QUARTER MILES SOUTH OF TAMIAMI TRAIL EAST AND COLLIER BOULEVARD INTERSECTION IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS PROPERTY CONSISTS OF 146 ACRES. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to amend the current Silver Lakes PUD for the purpose of altering the internal tract acreages of the PUD while maintaining the community's interest. CONSIDERATIONS: Silver Lakes PUD is a travel trailer park approved on May 22, 1990 and was subsequently amended on September 21, 1991(Ordinance # 91-90). This current request is to amend the PUD Document and Master Plan to increase the area of the conservation tract from 3 to 26 acres, reduce the Park/TTRV area from 26 to 24 acres, reduce the buffer area from 5 to 3 acres, reduce the commons/recreation area from 97 acres to 78 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. The existing PUD, as currently approved, contains several small pockets of preserves. The developers have built a golf course over these preserves. They also built a part of the golf course over a park/TTRV tract. This amendment is intended to make the PUD document and Master Plan agree with the improvements in place. The PUD also contained a recreation tract on the northern portion of the project. Most of the existing recreational tract is proposed to become conservation/preserve tract with a small portion of it remaining as recreation tract. The petitioner also proposes to expand a park/TTRV tract on the north side to compensate for the loss of park/TTRV tract on the south side. The overall density and number of units will not change, but will be relocated on the property. These changes will not affect the requirements of the Growth Management Plan. FISCAL IMPACT: ~his petition is for a reconfiguration of existing tracts within an approved and substantially built- cut PUD. No additional fiscal impacts are anticipated. OCT 0 8 2002 GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits TTRV Parks at a density consistent with that allowed in the LDC, if compatible with the surrounding area, and if the site has direct access to an arterial road. S.R. 951 is and arterial road and the LDC allows TTRV Parks at a maximum density of 12 units per acre. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues with this PUD Amendment request. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed the proposed changes to the Sih, er Lakes PUD on August 7, 2001 and by a unanimous vote recommended approval. However, due to a potential problem with the advertising to the EAC, this petition was re-advertised and re-reviewed by the EAC on November 7, 2001. At this hearing the EAC unanimously recommended approval of this petition subject to relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the said CR tract to three acres. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on December 6, 2001 and by a unanimous vote recommended approval, including the EAC's recommendation (relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the CR tract to three acres). BOARD OF COUNTY COMMISSIONERS: The Board of County Commissioners heard this petition on June 11, 2002. A motion was made and approved to continue the petition until the petitioner could meet with the Silver Lakes residents. The petitioner states that a meeting was held in September 2002. PLANNING STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission (CCPC) forward Petition puDA-2001-AR-1404 to the BCC with a recommendation for approval, including the Commons/Recreation area on the west side, as approved by the SFWMD. AGENDAITEM PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: '//~URRENT PLANNING MANAGER MARGARET B/UERSTLE, AICP PLANNING SERVICES DIRECTOt~- DATE DATE APPROVED BY: JOSEtlH K. SCHM/IT~ ," C6MMUNITY DEVELOPMENI & ENVIRONMENTAL SERVICES (titionNumber: PUDA-2001 -AR- 1404 DAT~' ADMINISTRATOR OCT 0 8 2002 AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION OCTOBER 11, 2001 PETITION NO: PUDA-2001-AR-1404, SILVER LAKES PUD OWNER/AGENT: Owner: Conquest Development USA, L.C. Wayne Henuset and William Bridgett 1001 Silver Lakes Boulevard Naples, FL. 34114 Agent: REQUESTED ACTION: Dwight Nadeau RWA, Inc. 3050 NoAh Horseshoe Drive, Suite 270 Naples, FL. 34104 This petition seeks to have the Silver Lakes PUD amended to allow modification to the land use distribution scheme of the approved PUD. GEOGRAPHIC LOCATION: The Silver Lakes PUD is located on Collier Boulevard (SR-951) approximately one and three quarter miles south from the Tamiami Trail and Collier Boulevard intersection in Sections i0 and 15, Township 51 South, Range 26 East, Collier County, Florida (See location map following page). OCT 0 8 2002 PUDA-2001-AR-1404 Silver Lakes PUD PURPOSE/DESCRIPTION OF PROJECT: Silver Lakes PUD is a travel trailer park approved on May 22, 1990 and was subsequently amended on September 21, 1991(Ordinance # 91-90). This request is to amend the PUD Document and Master Plan to increase the area of the conservation tract from 3 .to 26 acres, reduce the Park/TTRV area from 26 ~ 24 acres, reduce the buffer area from 5 to 3 acres, reduce the commons/recreation area from 97 acres to 7'8 acres, and to reconfigure the development tracts within the park. These changes are the result of the State and Federal environmental permitting requirements and also the desire of the applicant to provide an acceptable 9-hole golf course for the residents of the development. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Travel Trailer Park, zoned PUD North- Vacant, zoned "A" Agricultural. East- · Vacant, zoned PUD (Champion Lake RV Resort) South- Travel Trailer Park, zoned PUD (Pelican Lake). West- Vacant, zoned "A" Agricultural. GROVVTH MANAGEMENT PLAN CONSISTENCY: No growth management plan consistency analysis is necessary by this amendment as various elements of the GMP are unaffected by a revision to the modification to the land use distribution scheme of the approved PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. The PUD Document shall contain the following information: 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 any 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. EVALUATION FOR ENVIRONMENTAL, INFRASTRUCTURE: TRANSPORTATION AND OCT 0 8 2002 This amendment has no relationship to the jurisdictional concerns of required reviewing agencies and staff such as Transportation, Engineering, Utilities and the like as it only deals with a dimensional development regulation and as such has no relationship to infrastructure. ANALYSIS: This PUD, as approved, contains several small pockets of preserves. The developers have built a golf course over these preserves. They also built a part of the golf course over a park/ttrv tract. This amendment is intended to make the PUD document and Master Plan to agree with the improvement on the ground. The PUD also contained a recreation tract on the northern portion of the project. Most of the existing recreational tract will become conservation/preserve tract with a small portion of it remaining as recreation tract. They are also proposing to expand a park/ttrv tract on the north side to compensate for the loss of park/ttrv tract on the south side to the golf course. The overall density and number of units will not change, they will only be relocated on the property. These changes will not affect the requirements of the Growth .Management Plan. ENVIRONMENTAL RELATIONSHIPS: The EAC reviewed the proposed changes to the Silver Lakes PUD on August 7, 2001 and by a unanimous vote recommended approval. However, due to a potential problem with the advertising to the EAC, this petition was re-advertised and re-reviewed by the EAC on November 7, 2001. At this hearing the EAC unanimously recommended approval of this petition subject to relocation of the Commons/Recreation (CR) Tract from the west side of the northern tract to the east side of the tract, and the reduction of the area of the said CR tract to around one acre. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDA-2001-AR-1404 to the BCC with a recommendation for approval. PREPARED BY: ~HAHRAM BADAMTCHIAN Ph.D., AICP DATE PRINCIPAL PLANNER OCT 0 8 2002 REVIEWED BY: /SUSAN MURRAY, AICP / CURRENT PLANNING MANAGER THOM~,S E. KUCK, P.E. ' - INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHN ~. DUNNUCK lit DATE INTERINI COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: PUDA-2001-AR-1404 This petition has been tentatively scheduled for January 8, 02, BCC Public Hearing. COLLIFR COUNTY PLAN~-~ cOMrvIISSION: OCT 0 8 2002 PETIT!ON NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT =O~.~I~UN=TY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant(s) Conquest Development U.S.A., L.C. Applicant's Mailing Address !001 Silver Lakes Blvd. City Naples State Florida Zip 34114 Applicant's Telephone Number: Res.: Bus.: 775-2575 Is the applicant the owner of the subject property? X ¥~ ~0 .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name o==_cers==~ and major stockholders betow.. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (Zf space is inadequate, attach on separate page.) OCT 0 8 2002 Name of Agent Dwight Nadeau Firm Agents Mailing Address City Naples~ Telephone Nun~be_: Res : RWA, Inc. 3050 N. Horseshoe Dr., Ste. 270 State N/A Florida Zip 34104 Bus.: 649-1509 PUD ORDIN~{CE N~,~E AND NIZ~BER: Silver Lakes, Ord. No. 91-90 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject portion. The subject property beinq approximately 146 acres i~; described as the South ~ of the Southeast ~ of Section, 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South ~ of th~'~ Southwest ~ o~ ~o~ ~n mo~'~p ~ South, ~ ~ ~ iying East of State Road 951, Collier County, Florida, an(i the North 220.00 feet of the North ~ of the North ~ ot Section 15, Township 51 South, Range 26 East, lying East ot State Road 951, Collier County, Florida Address or location of subject property 1001 Silver Lakes Blvd. Naples, FL 34114 Does property owner owh contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page}. No TYPE OF AMENDMENT: X___A. PUD Document Language Amendment _X B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: Yes No If no, explain: 2 OCT 0 8 20O2 HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN LAST YEAR? IF SO, IN WHOSE NAJME? No !0. HAS ANY PORTION OF THE PUD BEEN __Yes SOLD ARxTD/OR Yes DEVELOPED? ARE ANY C~GES PROPOSED FOR THE AREA SOLD ~qD/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH A~DITIONAL SHEETS IF NECESSARY). Infrastructure to support 374 park/travel trailer lots, and 149 recreational residence lots has been constructed in the following manner: Phase One (Plat Book 20, Pages 91 and 92); Phase Two-A (Plat Book 24, Pages 54 and 55); Phase Two-~ (Plat Book 25, Pages 69 and 70); Phase Two-C (Plat Book 27, Pages 74 and 75); Phase Two-D (Plat Book 29, Pages 34 and 35; Phase Two-E (Plat Book 31, Pages 45-47); Phase Two-F (Plat Book 33, Pages 37 and 38). Phases One, Two-A, and Two-C hard received Final Acceptance, and Phases Two-B, Two-D, Two-E, and Two-F have received Preliminary Acceptance. As of February 22, 2001, 331 Dark/travel trailer lots have. beeh sold, and 130 recreatio~ ~~e lots have been sold. AC, EJ~A ITEM OCT 0 8 AFF I DAVi T I, .William E. Bridqett being first duly sworn, depose and say that i am an owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this apDlicat4on and all ke=ches ea~a, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative .in any matters regarding this Petition. NOTE: SIGNAT-JRES OF ALL ORqqERS AlE I~-AlxTDATORY. S IGNATUkE OF G~f~fATURm OF AGENT Dwight Nameau, RWA. Inc. ~.~The forego,i~g ADp,!ication was' ack owledged~ e,=o,~e m,= th' ~;/'.~P~ .m~nS=.±yjz~.ow~ _to me or who has pr°~uced ~ ' ~ ~ ' T/~/~ P[?,~2 ~/~ as identification and who did (did not) ~e ~ O~. NOTA_RY PUBLiC~_a( % Commission # .,,~~: ,9..~b,~ My Commission Expires: P,/DIDO APPLiCATION/md/4!28 N~k~z~:aexgh'b~zho~/Flle se.-ver 1/00 01/~ 001Pro3 ects/01 O091$11verLakes/znsubstantia!PUDAmendment~373S/silvlakpdaaDp.doc I ii, OCT 0 8 2002 AF P ! DAVi T i, __Wayne H. Henuset__ being first duly sworn, depose and say that I am an owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a par~ of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. ~OTE: SIGNATURES OF ALL OWNERS ARE N~DATORY-. ~ay~e H. Henus~'~ SIGNATUP, E OF OP~ER ~A_TURE %_~ AGENT Dwight Nadeau, RWA. inc. sa'ts of Florida }uzlty of Collier The foregoing ~.up!icanion was acknowledged befDre me this personally known to me ~7. r ~..;hc h~.~ Frei,aced ~ ~ ~,,e---an oath ~!der-tif!?-='ti°n~and. , ' ~!i r_:t)~/ KaORRtS H. SMELTZ NOT~_RY PUBLIC ~a,rr/s6cz'~ Solfci~Or Commission a t~40R~IS H. 8~Eh~ My Commission Expires: ~vincs 0{ ~ /md/4 12 8 =k'n ~ l~[%b° r ~ ~o~/~/-1 ·- s~rver-1/00- 01/2001 P roj acts/01- 009~ SilverLaJ:es/] n subst an t i al Pb-DAm~ndment~ 373 S/si 1 w la~:pdaapp, doc OCT 0 6 2002 This i~str,ament 'preparea bYSOLLiE~ COURTY DAVID C. BOURGEAU . ¢k~C~_/2}.~0 Fifth Avenue South, Suite 2!0 - ' 1Cap!es, Florida 33940 -¢roperty Appraiser,s Parcel !den~ification Number: 00?4200009 amd 007264000~ Grantee(s) S.S. THiS ZNBTP. UH~NT '~AS PREPARED WITHOUT THE ~EI~EFZT OF LEGAL RECORDED ~APS~NTY DEED THIs ~ARFS. NTV DEED made tht~ 20~h day o~ Au~us~ 1992, by GEORGE T. DOWNEY and SANDP~. G. DOWNEY~ husband and hereinafter called the Grantors,i to CONQUEST DEVE!ID=k~NT . L.C. , a FLorida Limited Liabil~ty ComDan- _ .-. ,- U S.A., ............ called the Grantee: --,~=-£5UH: Tha~ the Grantors for and*in cons!dleration of sqm of $'10.0C and oth ' .. _ er valuable' considerations, r~c~io% whereof is hereby acknz, u'!ea~ed, hereby gr~nt, bargain, se!%, ~%'i'~n, rem!se, release, con','e'.:, and confirTn unto %he Grantee al! that.":'certa!n !and situate in CeiL!er County, State.of Florida, viz: ~.. c, See Exhibit "A":a%tached hereto and incorporated herein. 2ua*~v. to zoning, building code ~nd °the~'.raSt%ictlons imrased by governmental authbrity¢ rese~a~.oh of ~as ar, a mineral interests, restrictions' a~¢ easements record, a~d ad valorem real prope=~y taz~s accruing subsequent to Dece~er 31, 19~I. -U~,~, A~O to the foito~ing mortgagg& which Grantee hereby assumes and a~rees to pay:. 1. ~[or%gage from R. Elliot A~n~=~ ' f - .......... 'a~d. Doran. L. 5ouchard to Dr. A E. P~oden, dzted AugOst 8, and recorded August 17, '!988 in O.R. Beck 1373¢ ~7!, Public Records of Collier Count~ Florida. , 2. Hortgage from George T. Downey and Sa~ra G. Downey to William E. Bridgett, Szndra L. Bridg~tt and Wav-n~ Public Records of ¢Co1~ ~ ¢~'~o ..... E~'e'e'~ . age TOGETHER, with al! tenements; hereditaments and am~urtenances thereto belonging or in anywise, a:ppertaining. TO HAVE ;~D TO HOLD, %he same in fee simple OCT O 8 2002 AND the Grantors hereby C Grantors a~ laW~,,l~,. _ · : ovenan~ w!th $~d ,~antn~= ~- - ~-~r ~e!ze~ of sa~d ~ ~ i- =~'~)~ee that the ~ -~,u .~ne title to =~l~ ...~- ~ ~ convey defend the same agains~ .... .~cnu and will the lawful claims whomsoever; and that said land is free of .:... -- persons all encu~rances taxes accruing subsequent to December 3!, 1991, . IN WITNESS WHEREOF, th sa' Witne~ss: :-'. ~!~ness ~! Signature ~"~ SignaE~re S,u~_n T. Roy Witness ~1 Printed Name S,,-s~_n T. Roy Witnesa ~! Printed Name /' ~ Jokn R ¢'.Kugier ~ ' Witness ~~ed Nam= ~EORGE T. DO~NE.v.: :. ,'. _ Wells, .ME 04090 Post Offics AddJ'ess Printed Name : ... ' _ P,O. Box 367' Pos't OEflce ~s ST~.TE oF.. z%p~ COUNTy OF YOPd< wd The foregoing !!cede - - ' . - d.~ as !dentificat.~on and did take Not=_ y Public Notary P-~blic P~d at Large My. commission exp'f~s: OCT 8 8 2882 "p,.. 2.3 ?ROJ'ECT PLAN AND LAND USE TRACTS: 2.4 The project Master Plan, incltiding layout of file streets and general depiction of land use is illustrated graphically by E>:hibit "A", PUD Master Development Plan. The project Tract Map identifies approximate acreage m~d land use of the various tracts, and is illustrated by Exhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the genera/configuration is which is also illustrated by Exhibit "A". TYPE UNITS AC__~AGE___~ TP_!CT "A" Pm'kJT. T. 400 _-24 2~.4 T~CT "AR" RESIDENTIAL 160 15 TtLACT "CR" CR 0 ~ TRACT "CO" CO 0 g 2._.~6 T/t.ACT "B" BUFFER 0 =i 3_ Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts~ there of may be depressions for water retention purposes. Such areas, lakes m~d intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A", and Exhibit "B". C. in addition to the various areas and specific items shown in Exhibit "B", such easements as necessary (utility, private, semi- public, etc.) shall be established within or along the various ~acts as may be nec~ssm-y. IYL~'~IMUM PROJECT DENSITY A maxflnum of 400 park/ttrv lots, and )60 recreational res/dent/al lots shalI be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density, therefore, will be a maximum of 1.1 recreational residences per acre and 2.73 park/ttrv lots per acre. 2-2 Text s4ru:/: fiu'ou-g-h is to be deleted. Text underlfl~ed is to be added. AC.,ENOA OCT 0 8 2002 I. JS,~. ftC. TRACT 'AR" E×HIBIT "A" OCT 0 S 200' i--- .... 11 ORDIN~NCF. 91- 90 AN O~D. Id~A~CE A~P~DING ORDZNANCE CO~Y~ ~.~ ~ENDI~ TI{E OFFICIAh ZONING A~ ~P(S) ~aED ~10S AND C~SS~CATION OF ~E H~EIN R~L PROP~TY ~OM ~NIT D~E~pH,~ ~O~ AS SI~'R --ES PROP~TY ~ ON 951, APPROXI~T~Y ~E-QU~T~ (3/4) OF A NILE SO~ OF ~ATEE RO~, IN SE~IONS 10 ~D 15, TO~SliIP 51 SO,II, ~GE 26 ~T, CO~I~ CO~TY, F~RI~A~ CONSISTING OF 146 A~S, ~O~ OR ~D BY PROVIDING ~ EFFE~IVE DATE. -".: , ~IEi~F~, Dwlg~~. Ned~eu og WXllXam C. McAnly& · ~.]"' ' ~lOC~te~:, P.A., r.pr~n=ing Misty Harbor, Inc., petit~oned "' the ~oard of County Co~l~.ion~r~ to chang~ the zoning .~EFORE BE IT O~AINED BY ~E B0~ OF ~Y ~SSION~S OP ~IE~ ~Y, ~RIDA& "?" ,.~:'~-.,... '.~nge .26.Eam=, Collier County, Florida, is =hanged from "PUD" ~P~" ~P~anned ~Lt Development ~n aaoordance w~th the PUD "=' do~ent,, attach~ hereto as E~ibit "A" which Is · -'lnco~orated herein and by reference made part hereof. The 'O~fiolal"Zoning Atlas Map(e) Num~red 1610S and 1615N~ as ~-'.. - dllcr~d ~n Ordinance N~er 82-2, ~s hereby emended ac¢~rdingly~ Orainance Number 90-40, es amende~, known ae ~he Silver ~akem ~3De e~opted on Hay 22, ~990 by th8 Board of.County Com~Xseloners of Collier County is hereby repealed ~n X~e entirety. OCT 0 B 2002 This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secrttery of State. PASSED AND DULY ADOPTED by the Board of County Commiaeionmrs of Collier County, Florida, thl~ ~.~ day of (1) ORDINANCE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -2- A~NOA r~6M OCT 0 8 2002 A PREPARZD FOR: " KISTX }{ARBOR INC. ,:?,n:.;-,,~-.,. ~., P.O. BOX - .~.../... WT/,I~, MI: 04090 ~ '- ., ~;.., ; .' · '-..-~ ..... %~,,::.~,~ ,~;;,.i,.'~,.. ;.-. ' Pi:L~P~ · - ~:""' :" "--~*~ e. ~ ~ ASSOCiAteS ~.A, , ... :.:,. 5101 ~ST T~I~I T~L SUITE 202 N~LES, F~RIDA 33962 DATE FILED 5129/9~ DATE REVIEWF~ BY CCP¢~ DATE APPROVED BY BC~9/2419~ ORDINANCE NU~BER 91-90 EX~ZBIT 'A" OCT 0 8 2002 TABL~ OF CONTENTS .~. .~. SECTION V COKM01;S/RE~r~TATION ARF~A 5-1 6-1 ?-1 8-1 ON VII ,"y.~-BUFF~. ~, .... : .- SECTION VIII HEFT CO~qIT~]~NTS · ' ? :'.', :. '-:; ....... 182 OCT 0 8 20O2 LIST OF FDQ{IBITS EXHID IT A EXHIBIT Planned Unit Development Master Plan (Prepmred by %;llliam C. McAnly & Associates P.A.) Planned Unit Development Tract Map OCT 0 8 2002 STATEMENT O~ COMPLiAnCE The development of approximately 146 acres of property in Collier County, as a Planned Unit Development to be known es Silver Lakes will be in compliance with the planning goals and objectives of Collier County es set forth in the Comprehensive Plan. The residential and recreational facilities of Silver Lakes will'be consistent with the growth policies, land development regulations, and applicable comprehenmive planning objectives for the following reasons: The- subject property is within the 'Urban bsidential Land Uss Designation as id~ntified on · -hs F~t~re bmnd Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. ',-k:.-', -. ' The proposed gross density of the Silver Lakes development, being ~.83 lots per acre ia derived from ~hs Density Rating System of the Future Land Usa Element from Collier County's Comprehensive Plan. Therefore, the gross density of the Silver Lakes development is consistent with Collier ~ounty's Comprehensive Plan.. The project development is compatible aaa complementary to existing and future surrounding land uses as required in Policy 5.4 of the Futura band Use Element. Improvements are planned to be in substantial oo~]fan=e with applicable forthcoming land dewel- opamnt re~latfons as set fo~ in Objective 3 of ~e ~t~e ~nd Use Element. The project development will result in an efficient and ,conomical extension of community facilities end services as required in Policies 3.1.H and L of the Future Lend Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities aa may be required in forthcoming regulations re- quired by Objective 1.5 of the Drainage Sub-. Element of the ~ublic Facilities Element. II OCT 0 8 2002 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 proposed to be developmd under thm project name of Silver Lakes. 1.2 LEGAL DESCRIPTION= The subject property being approximately 146 daso~ib~d as tho So,th 1/2 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County,Florida, and the South 1/2 of the Southwest 1/4 of Sec=ion 10, To~n~hip 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North :::."-220.00 feet of thm North 1/2 of the North 1/2 of .'-..-.'~.l-!Section 15, To, ship 51 South, Range 26 East, lying .....East of State Road 951, Collier County, Florida. :'.....~'~.~:.'../. .... , :.The ~UO3ect property ~s currently under the ownership ..-...- 1.4 SHORT I~.?~,~'.'. ::-·.:.'...;..This Ordinance she1! be known and cited as the ~'t~-~'~'.~%'~L" '. .... ,' ~Silver Lakos Planned Unit Development Ordinance." GENERAL DESCRIPTION OF PROPERTY The project site lB located in Sections 10 and : I5, Township 51 South, Range 26 East. Furthermore, the subject property is located on the east side of State Road 951, approximately I 3/4 miles south of East Tamiami Trail (U.S.- 1-1 046,,,, 165 OCT 0 8 2002 1.6 property prior to the date of this approved PUD Document was A-2, Agriculture. PHYSICAL DESCRIPTION: Th~ project sits is on the east side of S.R.-951 in the Rookery ~ay Watershed. The subject property receives little o~ no runoff from adjacent properties due to the existing farm cuffs11 swales on adjacent properties, and the S.R.-951 drainage system. Travers- ing ~hrough the sits is an FPL Easement which isolates · the pro~r~y Xnt~ =wo por%lons. Existing ground eleva- tions range from +3.4 to +4.2 N.G.¥.D., with the higher elevations in the northeast corner causing a southwesterly flo~of on site runoff. ~ater ~anagaaent for the proposed pro~s.¢t .wk11 bs accomplished by two interconnected on site lakes. Runoff will be directed to the lakes through a series is into the adJa¢mnt S.R.-951 roadside outfall canal that runs along the westerly property boundary, and flows toward Rookery Day. T~e water management system will provide a balance between tho needs of the resi- dents of the pro,eot and the r%quirenente of the natural hydrologic systems of ~he area. The soils found within the project boundaries include predominantly equal portions of Arze11 fins sand and Charlotte fine sand and minor areas of Immokalee · fine sand in the northwest, southwest, and southeast corners of.the property. Soil characteristics were derived from the Soil Survey of Collier County, Flori- da, issued by the U.S. Department of Agriculture in March, 19~4. The Silver Lakes PUD shalX be a mixed use development incorporating park/travsX trailer recreational Yehicle d~velopme~t. Also, tho 9roJact will offer diverse recreational amenity opportunities. The amenities proposed.to be provided in the project lncludo, but are not limited to, a 9 hole golf course and typical accessory uses, structures designed to provide social and r~creational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be ssrved w~th publicly provided utilit~es including potable water and electricity. Ultimately, Collier County w~11 ~rov~de sewer service via their central system when it becomes available. In the interim, sewer s~rvice will ~e provided by the Spade Wastewa~er · Treatment Plant located near the subject property. Also~ additions! se~vicee wail be provided as deomod appropriate. 1-~ P~OJ~CT DEVELOPKENT PURPOSE The purpose of this Section is to delineate and gener- ally describe the project plan of development, the respective land uses of the tracts included in tho pro~ct, as well as the project criteria for S~lver A. Regulations for develo~nt of Silver Lakes PUD shall b~ in ac. coz'dance with ~he contents of this docunent, PUD-Planned Unit Development District and other ~pi£cable sections and parts of =he Collier County Zoning Ordinance in effect at the t/me of building permit application. B. Unless othtr~lee noted , the ~e~lnt=ione of all ter~s shall be the sams as the definitions set fort~ in Collier County Zoning Ordinance, or '$DP approval or SKP approval, where applicable. C. All Ccn~lticn~ l=pozed and all graphic =aterial ~resented depicting restrictions for the deYelopnent of Silver Lakes PUD shall become ~art of the regulations which govern the manner in ~hich the PUD site ~ay be devsioped. 046- :167 2-1 OCT 0 IS 2002 2.3 PROJECT PLAN AND LAND USE TRACTS: The projec~ Master Plan, including layout of streets and general depiction of land use, is illu~trate~ graphically by Exhibit #A", PUD Master Development Plan. The project Tract Map identifies approximate acreage and land use of the various tracts, and is illustrated by Exhibit "~", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, s=reet rights-of-way, the general configuration is which is also illustrated by Exhibit "A". + TYPE _. UNITS ~CREAGE- Park/T.T. 400 26 RF~ID~TIAL 160 15 CR 0 97 CO. 0 3 · I~UFFER O 5 '"~'~eas illustrated as lakes by Exhibit NA" shall · b(~ constructad lakes or, upon approval, parts there of may be constructed as shallow, inter, it- t(tnt wet and dry depressions for water retention <:~:'p~poses. Such areas, l~kes and intermittent we= az~d dry areas shall be J.n the same general con- figuration and contain the sam~ general acreage a~ shown b~' ~xhtbit In addition to the various areas and specific items shown in Exhibit "BN, such easements as n~scessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 KAXIHU~[ PROJECT DENSITYI A maximum of 400 park/aery lots, and 160 recreational residential lots shall be constructed in the tots1 project area. The gross project area ~s approximately 146 acres. The gross project density, therefore, will be a maximum of 1.1 recreational residences per acre and 2.73 park/aery lots per acre. PROJECT~ ~FR~~UXAE~ENTS: The project shall bo plattod in ~ccordance with the Collier County Subdivision Regulations ~ ~efine ~he unless ownership is to remain wl~h one en%£ty (no fee simple selling of Iota or tractB), and s aDP is submi=ted for approval for the entire area encompassed by thm PUD Maitor Plan. A. If a plat is =o be recorded on this project, the following must occur prior to development of any /ndividual pazcel, tract or lots: 1) A SHP ave= the entire PUD must be submitted and approved in accordance with th~ ~Cou~t¥ Subdivision Regulations. Construction plan and plat for either the entire PUD or that portion proposed for initial construction must be submit=ed and approv,d. ~urther development of any platted tract or parcel shall be subject to the following: 1) The developer of any platted tract or parcel which is ~ot intended to be further ~ubdivide~, shall be required =o submit and receive approYal of & preliminary airs plan, where applicable, in conformance with the requiremen~s established within Section 10.5 ~ of the Zoning Ordinance, prior to the submittal of a final site plan. 2} The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a Subdivision Master Plan, for that tract in conformanco with the requirements established in Article IX of the '=ubdivtsi0n Regulations, if the original SKP did not show specific development within that tract or parcel. Construction Plans and a Plat shall subsequently be submi=ted and approved. Additional lakes (ia: golf course lakes), and facilities characteristically incidental to such a dovelopment are excluded from thil provision but remain subject to Collier ¢oun=y Excavation Ordinance No. 88- 26. Construction plans and a plat shall subsequently be submitted and approved. 2-3 OCT 0 8 2002 2.6 GF, NERAL DESCRIPTION OF DEVELOPHERT: Areas designated for park/ttrv land uses on Exhibit "A" are designed to accommodate a full range of recreational vehicle types and customary accessory UOeS, Areas designated for recreational residential land uses on Exhibit #A" ars designed to accommodate a specific type of residential dwelling as set forth in Section IV. Approximate acreages of all tracts have been indicated on Exhibit "A", and Exhibit "B#, in order to indicate These acreages are based on ooncepCual designs and must be considered to be approximate. Actual acreages of all development ~=acts will be provided at t-he time of development plan approval in accordance with Section 2.5. 2.7 DF~DICATION ~ KAINTENANCE OF COFiMON FACILITIES: .Easements shall be provided for water management ~' ~'"areas, u~il~t~u~ and o~ar pu~oses as nay bo needed. .substantial compliance with the Collier County .2.....2 S~lvlsion Re~lations. ,...,~ -, '......~.~ /'.. ~..'; ~'- .~ ;~;~All necessary eosenents, ~ed~catio~s, or other ',' ' ': ~nst~=ents shall be ~anted to insure the continued o~ration and ~tenance of all semite utilities in compliance w~ applicable regulations in effect at ~e tine appr~ls are re~ested. A property owners organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 170 2-4 AGENDA ITEM....... OCT 0 8 2002 2°8 PARK TRAILER & R~CREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed 4, (la: I "Sales Center", and 3 "Dry Models") shell bu permitted in conjunction with the promotion of the development. No more than three "Dry Hodels" may be constructed prior to recording of a plat for the project if applied for by the o~ner. Site(s} for the model(s) must conform to zoning standards and be located on a future platted lot. A metes and bounds legal description shall be provided on th~ site plan required as'part of the building permit issuance. Access shall be provided to each model from the model serving as a "~ales Center", or an approved independent "Salem Center~. Access shall be for pedestrian traffic only, no paved road wall be allowed. A "Sales Center" may be constructed prior to recording of a plat. The "$~les Center" 'shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems, .at which time connection to the central 'system will be made. Interim fire .:protection facilities in accordance with NFPA requirements are required unless a permanent water 'system is available to serve the Center. Review and approval of the nSales Center" shall follow the requirements of the Site Development Plan process (Zoning Ordinance Section 10.5). A metes and bounds legal description'ahall be provided as part of the appllcaticn. Access to th~ "Sales Center" shall be provided by a paved road cr temporary driveway which · mee~s County. standards. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for t_he entire development. At th'm time of building permit application for a "Sales Center", a temporary uss permit shall be obtained. "Sale~ Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until e permanent Certif~cate of Occupancy is issued. 2-5 OCT 0 B 2002 3.% 3.2 LOW DENSITY PARK/TRAVEL TRAILE~ RECREATIONAL VEHICLE DEVELOPHENT PURe. SEt The purpose of this Section is to Identify specific dev4~lopment standards for areas designated on £xhibl= "B" as Tract A, park/ttrw. DEFINITIONS: (~aken from 1988 Supplement, Chapter 320.01, Definitions, general. Flor/da Statutes) A. Recreational Yahicle: A unit primarily design&d as temporary living quarters for recreational, camping, or travel use, which either has ice own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 felt and which is built on a single chassis and 11 ~esigned to provide seasonal or temporary living quarters when connected to utilities necessary for operation of inet&lied fixtures and &ppll&nces. The total area of the unit in a setup mode, when measured from the ' exterior surface of tho exterior itud walls a= any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (naare=t to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. AGEhJOA ITEM OCT 0 8 2002 ~mm .m m Ce Travel Trailer (£noludee fifth-wheel travel ~railer) z A vehicular portable unit, mounted on wheels, of such a size and or weight as not to require special highway movement per, its when drawn by a motorized vehicle. It is primarily design(~d and constructed to provide ~emporary living quarters for recreational, camping, or travel use. It has a body width of Ho more than 8 1/2 feet and an overall body ~ength of no more than 40 feet when fa=tory-equipped for the road. A vehicular portable unit mounted on'wheels and constructed with oollapmible partial sidewalls which fold for towing by another vehicle and unfold at the campsite ~o provide temporary living quartors for recreational, camping, or travel uae. ~-. Truck Ca=per: A truck which le sqUippQd with a portable unit which is deeipned to be loaded onto, or affixed to, the hod or chassis of the truck and con- structed to provide temporary living quarters for recreations!, camping, or travel usa. A vehicular unit which As built on a self-pro- ":palled motor vehicle chassis, and ia primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 m ' ' ~~ DWELLING UNITS: The maximum number of park/travel trailer lots allowed within the PUD shall be as follows: Tract A - 400 Total - 400 173 OCT 0 8 2002 No building or structure, or part thereof, shall be altered or used, or land used, in whol~ of ps=t, for other than the .following: A. Principal 1) Park Tralle~s= One (1) per lot. 2) Travel Trailers (including fifth-wheel trail- ers): One (1) pst lot. 3) camping Trailers: One (1) per lot. 4) Truck Ca~persl One (1) per 51 Ms,or Honesi One (1) per lot. 7) Any other recreational u~nit not specifically mentioned above, t. hat is designed to provide temporary or seasonal living quarters for - recreational, ca=ping, or travel use: One (1) ,per lot. ~. Accessory Use~l :i) . One (1) caretakers residence in conjunction ~lth the operation of the park, which ~ay be a single £aally residence subject to the developn,nt standards of tho RSF-5 Zoning District, as contained in the Collier County Zoning Ordinance ~n effect at the time con- struction per~l~s are requested. Furthermore, any three (3) park/ttrv lots may be combined to satisfy this provision without being sub]e:= to Subsection 2.5.B.2) of this docu- ment. 2) Ac:memory usaa and structures cuetomari~y "associated with park/travel trailer recrea- tional vehicle lo~e, including: (a) Utility ehede, attached or detached~ not to exceod forty-eight (48) square 3-3 OCT 0 8 2002 4) Altminum with screen and/or vinyl cloild porchel, elevated or at ground leveL, not to exceed five hundred (500) square fiat, with a roof whic~ ti an integral part of the park/terM unit, and which must be removed when the recreational vehicle unit is removed. U~ility and drainage facilities. Golf cart paths. 3. S DEVELOPKENT STANDARDS: A. GI.~ERAL: All yardi, set-backs, etc. ~hail be in relation to the individual ~arce] (lot) boundaries. C. KINIKUK LO: WIDTH= I) Cor~a= Lots: Forty-five (45) feet. .. 2) Interior ~ots: Thirty-five · ' : 2) Side Yard= Five (5) feet. E. KAXi~fU~ GROSS F~OOR Five Hundred (500) square feet, F,'":<'. ' ex¢?~slvI of de¢~e and porches. " 1) Principal Structure- Fifteen (15) : 2) Ac=essory Structure- Fifteen (15) feet. t: OCT 08 ~E~/.IAll~ LOCATION OF PARK/~z'~VUNIT$= Park/travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency Il allowed. A covenant running with the 1&nd shalX bt recorded in the Public RecOrdl Collier County referencing the PUDts rsltriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforce=ant measures= A. Lots Rented: For those park/ttrv lots that are rem=ed, the park manager shall maintain a register of tenants or occupants of the park, noting thu duration of the rental This reglflter shall track the occupancy of the owned or rents1 lots, and shall be provided persons (t~ployed by Collier County, in an official capacity, upon their request. Failure persons who have occupied a park/ttrv lot, and their occupancy shall b~ subject to the penalties prescribed by Collier County. B. Lots Sold: For those psrk/ttrv lots that ars sold, the developer/owner of the lots shall include in =he sales contract a notice current zoning regulations prohibits the use of the lot for permanent occupancy. The new owner ks responsible for registering hie or her arrival and departure from their unit with the tanager of the park. Failure to register will hold the new lot owner responsible for any .-.. penalties imposed by Collier County. P E~MANENCY CONTINGENCY: Ira"after the approval of this PUD, Coll~er County adopts policy or ordinance to allow permanent occupan- cy of recreational vehicles in =-~-~VC or similar zoning districts, Section 3.6 of this PUD document shall become null and void. 3.8 FLOOD PLAIN ~.~JATIONS 1 All park/trava~ trailer recreational vehicles and accessory ltrUCtUFItS shall meet flood plain elevation if permanently s~tsched to the ground or utility facilities. 046 m .176 OCT 0 8 2002 3.9 ANCHORING / SEWER, WATER A~D ELECTRICAL COFRECTIONSc All travel trailer units that require a special li- cense and, or pa=mit to be transported on Florida state highways, wh~n positioned on e lot in this PUD, shall be anchored in accordance with the standards sec forth in the Collier County Hobile Home and Travel Trailer Ordinance for mobile homes, and be connected to the public water a~d sewer system. AddiClonally, such units must obCain electrical service directly from the electrio utility authorized to provide such service in CollLer County. 3-6 OCT 0 8 2002 SECT;OH TV RECP~ATIOI{AL RES£DENCE DEVELOPKE2~ 4.1 PURPOSE: 4.2 ~...: .... The purpose of this Section ia to identify specific development standards for areas designated on Exhibit mB~ as Tract AR, recreational residence. DEFINITIONSc · A recreational ~s£dence is a transportable unit which has a body width not exceeding 14 feet, and which ia built on an integral chasais~ and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical s~stems contained therein. Ail recreational residences located in the development shall have water closets designed to . have a aaximum water flushing capacity of 1.$ gallons. The total area of the unit in a setup .mode, when measured from the exterior surface of .... the exterior stud walls at the level of maximum d/mens~ons ~ncluding expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length 6f a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit, where such walls enclose living or other interior space. Such distance includes e~pandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed $0 feet. All recreational residences shall be constructed to United States Departmen1'~ of Housing and Urban Development Standards. 4-1 OCT 0 8 2002 The maximum number o~ recreat~onsl residential lo1~ allowed within the PUD shall be ab ~ollows: Tract A~ - 160 No bulldlnq or s~o~ure, or part thereof, I~all bs altlrld or u#ed, or land used, in whole of part, for 1) RecrGational Residences: O~e (1) per lot. z) associated w~th reeid~n=~sl lo~, ~ncluding: Ca) Ut~I!=¥'~hsds, attached or detached, nc% to exceed forty-eight (4S) square f~. (b) X!uminum with screen and/or vinyl en- closed porches, elevated or a~ ground l~v~l, not to exceed seven hundred (700) square feet, with a roof which is an in=agra1 part of the unit. Utility and drainag~ facilities. DEVKLOPKENT STANDARDS: All yards, set-backs, etc. shall be in relation to the individual parcel (lot) boundaries. B. ~INIHUH LOT ,~.E~: 3,800 square feet. C. I(INIHUH LOT WIDTH: 1) Ccrner Lots~ Fif~y-fivs (SS) feet. Inter,or Lots: Forty-five feet. .., OCT 0 8 2002 ~Z~ZKU'L'4 YARDS~ ~)' ~ront Yardt Ten (10) feat. Side Yard: Five (5) fee=. Rear Yard= ~lgh= (8) feet. E. HAXIKU~ GROSS FLOOR AR.F..A; Seven Hundred (700) square exclusive of decks and porches. G. KAXI~ HEIGHT: 1) Principal Structure- Fifteen (15) feet. ANCHORING / SEWE~, NATER AND ELECTRICAL CONNECTIONSt All recreational residential units, when positioned a lot in this PUD, shall be anchored in accordance with the standard~ set forth in the Collier County Mobile Home and Travel Trailer Ordinance for ~oblle homes, and be connected to the public water and sewer system.' Additionally, such units must obtain electrical service directly from ~he electric utility authorized to provide euch service in Collier County. 4-:3 OCT 0 8 2002 5.1 PURPOSE: COM/~ON S/RECREATION AREA The purpose of this Section is to set forth the devel- opment plan and development ntandards for'the areas designated as Tract CR, Commons/Recreation Area on Exhibit "B". Tho pti=sty function and purpose of this Tract will be =o provide access and aesthetically pleasing open areal, passive/active recreational areas, hurricane I~acua=ion shelter facilities for recrea~ional residential uses, and u~e areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facilities which nay bc indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. Except in areas to be used for water impoundment and principal or accessory usa areas, all natural trees and other ~ vegetation, as practicable, shall be protected and ... ~...- . :'~ preserved. . '=~,/.~ :-%'~' ./.,% .'.:' il...~ .. - ?.. , · ',..'~ · .:~.~ .~f .~-.;.~..... .. .- . ~NO building or structure, or pert thereof, shall be orected, altered o= used, or land used, in whole or in part,.for other than the following:' A. Principal Uses: 1) 2) 3) Utility, water management and r~ghte-of-way easements. Golf .courses for use by the residents cf the development, and golf cart paths. structure~t which house social, administrative, or recreational fac~littes. 4) ~urrlcane evacuation facilities Zor recreational residential land USES. Lakes. 5-1 OCT 0 8 2002 --/.o 7) $ignage ~or p~oJect identification or advertising. Pedestrian and bicycle paths or constructed ~or purposes of stoas. to, or passage through ~he commons 8) $mall docks, piers or other such facilities construoted for purposes of lake recreation, or use of non-internal combustion lake recreation apparatus used by residents of the project. 9} Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor Accessory'Uaes= Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) 3) Custonary accessory uses or struc- tures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V.storege], recreation or shelter with appropriate screening and ~&ndscaplng. Upon completion of ~he development of this project, bonvenience estab- lishments of a conmercial nature including utores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restric- tions: Such establishments and the parking area primarily related to their operations shell not occupy more than five (5%) percent of the project7 shall be subordinate to the uae and character of the proJect~ shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the PUD' Master Plan. 5-2 046,, : 182 OCT 0 8 2002 sha~l be designed, and £ntended to sa~ve the exclusive trade of the service needs of the persons residing in t.~e pro~ect; and shall present no visible evidence of their co~ercial character from any portion o~ sny public street or vsy outside the project, 5.3 DEVELOPHENT REGULATIONSI A. Overall site of l~ndecaping, ~ncloeure o~ st~c~res, l~fon of access s~oets and parking areas, a~d location of screened areas. B. Ail buildings shall be setback a m~n~um of fifteen {15} feet fro~ all parceI ~undaries and ~e righ=-of-way C. Bufldings shall ~ 8at back a nini=~ of ~irty- five (35) feet ~rom abutting o~f-ai=o (5) foot landscaped, maintained buffer ~h~11 bo ..% provided. D.. L~ght~ng fac~litits shall be arranged In a manner ~ '-'which w~11 pro=act roadways and neighboring . :..progenies from direct glare, or other interfer- E. A ~ite De~elopnent Plan in compliance wi~ ~ese Development Regulations shall be required accordance with Sectlon 2.5 of ~ls P~ do~ent. F. Haxlm~Helgh=: 1] Principal Structure: 2) Accesso~ S=~cture: feet. Thirty-five Fifteen (15) 5-3 OCT 0 8 2002 t~lnimum Off-Street ParkinqAnd Loading: 1) Private Golf Course: T~o (2) spaces per hole plus one (1) space per square feet for office/lobby/pro shop/ health club{ clubhouse{ lounge{snack bar/dining[ meeting room areas and 50% of normal requirements for recreation uses not accessory to the qclf course use including= swimminq pools and tennis courts. No additio~al parking shall be required for s gol~ dri¥1ng range or miniature golf course. Golf cart, golf bag and equipment ~torage rooms~ maintenance bulldings~ and rooms for mechanical equipment shell be computed a one (1) space per 1,000 square feet. 2) Recreation (non-golf course)/ Administrative Areas= One (1) space par tenniz court~ one (I) space per 150 square feet of water area for the first 1,000 square fee=, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per 250 square fee= of gross floor area for other {enclosed) recrea=ional[ administrative facilities. 3)- Convenience Co=mercia1 Areas= One (1} space for each 250 square feet of gross floor area for all uses set forth in Sub-section 4) Loading Areas= As required by the Zoning Ordinance at the time of Fine1 Site Development Plan approval. Landscaping: The landscaping requirements shall Conform to the County code in effect &t the time of F~nal Site DeYelop~ent Plan{Construction Plan approval. 5-4 AGENOA OCT 0 8 2002 In relieving w/ch the intent of Collier County's hurricane shelter re~uireaents for all mobile home parks, these special regulations shall provide criteria by which the required hurricane evacuation shelter shall be constructed, operated and main~ained within the Silver Lakes development. Hurricane ev~¢uation shelter space shall onlM be required to be provided £or the recreational residential land uses as follows: (a) ~0 sq. ft. x (b) 1.75 x (c~ units x (d) SOt · - The area approved for short-term shelter b~ American Eed Oross for aleepinq space per°person. b - The occupancy rate of each recreational residence. o - The total number of recreational residential lots in Silver Lakes. d - The average population rate occupying recreatio:~al residences during the June through November tinz frame. ' 20 x 1.~S x 160 x 0.5 - 2,800 s~are feet. ~lni=~ Shelter Elevation~ The required hurricane evacuation shelter shall be eleva=ed to a minimum height equal above worst came Category 3 flooding level utilizing the current Na%ional Oceanic and Atmospheric Administration Storm Surge "SLOSH" (Sea, ~ke an.~ ~erlan~ Surges from Hurricanes) Shelter The design and construction of the required hurricane evacuation ~helter shall be guided by ~he wind loads applied to buildings and ~tructure~ designated a~ "Essential Facilities" in ~e Standard Building Code/1988 Edition, Table 1205. ~he required hurricane evacuation shel~er shall provide the roll,lng: 1) The shelter shall p~vide ~or a~equate glass protect/on wl~ sh~ttera or 2) The shelter shall be equAppe~ with adequate emergen~ power. 5-5 AG~OA ITeM OCT 0 8 2002 '4) S) ?) The shelter shall provide for adequate ventilation. The shelter shall provide potable water storage at a rate of 10 gallons per recreational residence, divided by two (2). The shelter shall provide full kitchen facilities operated by natural or L.P. gas. The shelter shall provide toilets and showers at a minimum rate of one (l) fixture for every recreational residence, divided by two 8) The shelter shall provide a mintmu~ 144 square foot locked storage room. 9) The shelter shall provide separate rooms that can be used for nursing and office/ administration. 10) The shelter shall be available year round. 11) The shelter shall have a shelter team trained by ~he Red ~"rose Shelter ~anagemen= Training Program, provided by the park managomen~ developer, associa=io~ or other acceptable ~dy. 12) The ohmltmr shall have the park management confirm the availability of a shelter team 'to Collier county's Emergency Management Department, Emergency Services Division, prior =o June lat. of each year. 13)' The ~helter shall provide a permanent e~erior wall sign mass,lng 2 feet x 2 feet to be located at the main mn%tahoe which shall ldenti~y the building as an emergency · . mto~ shelter, an~ capacity limits. ~4) The shelter shall provide a telephone and batto~ operated radio within the shelter. 15) A ~itten agreement specifying =ho USa of shel~er management team and the emergency ~torm shelter shall be entered into with Collier County's Emergency ~anagement Depart=ant, Division of ~ergency . 16) A spoclal Certificate of Occupancy shall be issued specifically for the emergency ~holte= ~fore occupancy of the (26~} recreational residence is authorized. The ~hel=er team shall be formed, trained a~ operational before the special Certificate of Occupancy IG issued for shelter. 5-6 OCT 0 8 2002 The raqu£red Iheltar apace as herein provided may be equally designed to lnoorporati the above requirtmentl and to serve a double purpose for the day-to-day In no ray is such a dual use structure's Certificate o£ Occupancy dependent upon ~e issuance of the special Certificate of Occupancy for the required emergency seam shelter, unless ~ha Cez~cificate of Occupancy for ~ha dual uae structure is requested at the tine occupancy authorization for the tventy-aixth (2Sth) recreational residence is desired. 187 OCT 0 8 2002 C0~SERVA?TO~ AREA PURPOSE The purpose of this Section is to est forth the devel- opment plan for the areas designated aa Trac~ CO, Conser~ationArea on Exhibit "B". '~na primary function and Durposs of this Tract will be to preserve and protect ~ative flora and fauna in l=~s natural state. 6.2 USF~ PERMITTED = :::.. or used, or lan~ used~ in whole or in par~, for other than the following: A. Principal U, est 1) Op&n Spaces/Nature ~resar,,,ss 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the r~s!dants of the project. 6-1 OCT 0 8 2002 7.1 7.2 $£C~ZON I~Z The purpose of this Section ia to sat forth the development plan for the areas delignated as Tract B, Buffer Area on Exhibit "B". Tract "B", Buffer Area, is an easement intonded to protect residential land uses from more intensive residential land uses, possible impacts from adjacent roadways a~d,.o~ non- residential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be this document. - USES PERHITTED: No structure Or part thereof, shall be erected, al- tered or used, or land used, in whole or in part, for ...~-other than the following: Landscaped buffer in accordance with the Zoning Ordinance in effect at the time of Final Site Develop- ment Plan approval. Existing native plant types may be substituted for those plant types mentioned in the Zoning Ordinance subject to Plan- ning Services Staff administrative approval. 2) Earthen harms: 3:1 minimum slope. 3) ~ences/walls: In accordance with the Zoning Ordinance in effect at the time of Final Site Development Plan approval. 4) Slgnage. AcceseoryUses~ ~) ~cllity and drainage facilities. AGENDA OCT 0 8 7.3 %,.,,.... DEVELOPKENTREGULAT=ONS: A. ~here the pro, eot abuts the S.R.- 951 Right-Of- Way, a tventy (20} foot wide clear area shall be provided a~d maintained adjacent and parallel to the ROW. Furthermore, adjacent and to the east of the clear area, a five (5) foot buffer shall be provided and ~aintained to effectively screen this pro)eot from the roadway. The property owners organization aha11 be charged with the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit nB" as ~ract B, other than those addressed in A above, shall be ma~ntained with a minimum fifteen foot wide buffer strip. C. In anticipation ~hat add~t!onal r!ght-of-~=y be necessary for the widening of SR 951, the developer has reserved 20 feet of =his tract along the entire westerly property boundary. Negotiation for the use of this land may be undertaken subsequent =o the approval of PUD. Should the use of this land ultimately becoue SR 951 Right-Of-Way, those requirements contained in Section 7.3.A. above shall occur adjacent, and to the east of the described 20 foot wide str~p of land. 3'° D. Should the South Florida Water ~anagement District, during it's permit review process, require a natural vegetative buffer be created between t~he lots and any Jurisdictional wetland preserve and/or conservation tract, the buffer ~hall not be located within the boundaries of the lot(s) unless waived by the South Florida Water }lanagsnent District. It shall be crested as e separate platted tract or as a buffer easement over an expanded limit of the preserve tract, which would be dedicated as preserve/drainage tracts, to include the buffer within the preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homso~srs association or like entity for ownorship and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All preserve buffer easements or buffer tracts shall be created in conformance with the provie~ons of Chapter 704.06, Florida sea=utes. ,~a,F_NOA ITF..M OCT 0 8 2002 SECTION VIII D EVELOPHEXT CO--TWEeTS 8.1 PURPOSE: The purpose of this Section is to set forth the development commitments for tbs development of the pro, sc=. GENERAL~ All ~acil~ties shall be constructed in strict accord- ance with Final Sits Development Plans, Final Subdivision Plans and all applicable State and local submissions. Tho Developer, his successor and assigns £hall be rsspcn~ible for the c'ommitments outlined in ~his docu=ent. The Developer, his successor or assignee shall agree to develop in accordance wit~ Exhibit "Aw, PUD Haster Plan, and the r~gulations of the PUD as adopted, and any other conditions or ~odifications as may bm agreed to in the r~zoning of the property. In addition, the Developer will agree to convey to any successor or assignee in title, any commitments within this agreement. The Developer and all subse~uen~ petitioners are hereby placed on no,tee that ~ey shall be requirsd to satisfy the requirements of all County ordinances or codes in effec= prior to or concurrent with any subsequent development order relating to this site. This tnclude~, but is not limited to, Subdivision Master Plans and any other application that will result in the issuance of a final or final local development order. 8.3 PUD HAST'ER PLAN: ; A. EXhibit mA", PUD Master Plan lllus=retas tho proposed development. Minor site alterations nay only be &dminie=ratively handled pursuant to Ordinance. 8-1 AG~OA ITeM OCT 0 8 2002 8.4 · tnetruments aha11 be granted to insure the continued operation and ~tintenance of ~ervice ut£~ities and all common areas in the pro~ect. SCHEDULE OF DEV~J~0PKE~T: A. A development plan shall be submitted, where raquirad, for a&oh phase of development identified in this Section. App~icabilit¥ of the site development plan procedure to this PUD is met forth in Section 2.5 of this document~ ' SAlver Lakes PUD is planned to be developed in ~wo phases. The development of Phase I may include the construction of l?a park{ttrv lots and =I rasld~n~lal Io~ &long with their related lnfrastruc=ure. ~ha lakes and recreation facilities ~a2 al~o be developed in Phase i. The plan of ~evalopment for Phase XI will be to construct the remaining lots and related infrastructure, as well as the remaining recreation facilities. The developer reserves the right to develop portions of the described phases, or both phases zimultaneously, aa marke~ demands change. Commencement of construction of Phase II will occur no later than three (~) years ~fter Phase I ia completed. LIKITATIONS..OF pY~/~NEDIYNIT DEVELOPMEN~APPROVAL: Unlesm the Xan~ uses proposed by this PUD regulatory document end ~aster Plan are substantially complete (i.e.: 50% or greater of all infrastruc=ure, including drainage, road, potable water and sanitary sewer ~acilities, is ins=ailed or under cons~ruction), the land owner of record shall submit a status report pursuant ~o County Ordinance No. ST-a? regarding PUD Konitoring Reports. The first of such reports shall · be submitted to Collier County on or before September 24, 1~. Upon receipt of the report, Planning Services shall review said report an~ present its findings to the Board of County Commissioners. The report shall submit an argument that supports the con=Anued development schedule proposed by the owner. The e~ngular purpose of this review, and the review criteria for the extension of the PUD approval, is whe%her the development of the PUD has commenced in 8-2 OCT 0 8 2OO2 R.6 shall not bo subject to additional ~ev~ev Should'~h~ Board of County Co~nlssionerm determine tha~ tho development has not commenced In earnest, ~hen upon revi.w and consideration o~ ~he repor~ provided by ~he owner, ~he Board of ~. E~nd the ~nt PU~ approval Eo~ a per~od o~ two years or a ~eater perl~ aZ time;, a~. the end of whi~ t~e, ~e ~er w~11 again submit =o the re~ng pr~e~re set for~ a~ve. B. Require tho owner to submit an amended PUD which ~a un~prov%d portions of the original shall bm consi~tent with the Crowth Management Plan. The axis=ing PUD shall remain ~n effect un=il subsequen= ac=ion by =he Board on submit~ed anen~ant of ~e P~. months of Boa~ action to re.ice such an rezone, and 8ubnequently rezone the unimprovmd portions of the original P~ to an appropriate zoning clasa[f~ca=~on consistent with the Fu=ure Land Use Element of ~e Gro~ Hanagement Plan. TRANSPORTATION A~D ENGI~EERXNG= A. -Design and construction of all improvements shall be s~ect to co=pliance with the appropriate provisions of the Collier County Subdivision Regulation.. B. A 2~ ft. wide strip of Zend along the entire wast C. A Florida Departnant of ?ransporCation right-of- way parlit aha11 be provided before construction plans approval. A latter of no-object/on fron Florida Power and Light &llowing encroachment in the Florida Power and L~qht easement sh&ll be provided before construction plans approval. 8-3 ]93 OCT 08 Sub, eat ta I'DO~ approval, the DeVeloper aha~ provide e southbound left turn ~ane on SR-95~ ~ .. the pro,act entrance. ~t's length shall be sufficient to accommodate two of the largest vehicle cc~binatlons ~ected to use it. In lieu of · north bound right turn lane, the developer $hall provide & turning radius of not The developer shall provide arterial level street lighting at the pro, sot entrance. Approval o~ the entrance location at this time does not imply that e median opening will be as defined in Ordinance 85-55 and shall not be applier aB credits toward any impact fees required by that ordinance. All improvements shall be in place before any certificates of occupancy ars issued. .... .'....'-. '. 8.? '.SUBDIVISION EXCEPTIONS: The following exceptions from Collier county's '".'~:Subdivision Regulations (Ordinance No. 76-6f ~" '"' amended), are applicable to the development of the · ] Silver.Lakes PUD: " A. "Sub~ivielon ~ulmtions, Article X, Section 24 - Utility Casings: Waived subject to all utilities being lnstailsd prior to construction of the roadway pavement and base. B. - Subdivision Reg~/letions, Article X, Section 19 - Waive the pavement striping requirement only, provided roa~e have & valley gutter section. C. Subdivision Regulations, Article ii, Section 3 - Blocks: Waive the maximum block length of 1,320 feet to length es shown on 8ubdlvisio~ Master Plan. However, crosswalks will be provided as required. D. Subdivision Reg~lations, Article ri, Section 10 - Monuments: Waived subject to monuments installed in accordance with Florida Administrative Code Rules 21-HR-6. 8-4 OCT 0 8 .l 8.8 - Dead L~d Street not to exceed (1000') in leng~ht ~aivad. Subdivisio~ Regulations, Article Xl, Section 17-~ - Curb Radii: ~aived subject to a minimum 30 teat curb radius internally and a minimum 40 feet r~tdius externally. UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage be deel'gned, conetrl/cted, conveyed, o~ed and maintained In accordance with Collier County Ordinance No. 88-76, a~ amended, and other applicable County ~les and re,lateens. All customers connecting to the be constructe~ will be customers of the County and w~11 be b~lled by the county in accordance wl~ ~e County's established rates. Should County not be ~n a position to provide water a~d/or sewer service to the project, the water . and/or sewer customers ~hall be ~stomers of ." ~..:.~.inter~a utility establizhed to sa~e the project ''. 'unt~l the County,s off-site wa=er and/or sewer' facilities are ava~l~le t~ ~e~e ~e project. C. it ~e anticipated that the .County Utilities D~vis~on wtll ultimately supply potable water .to neet the consu~p:ive demand and/or receive and treat the ~ewage generated by this proJec=. Should ~e County lyst~ not be In a position to supply potable water to the project and/or development commences, ~he Developer, at h~s expense w~ll install and operate inte=~= water supply and on-s~te treatment fac~l~ties and/or ~n~erim on-site sewage ~reatnant a~d d~sposal facilit~as adeguate to meet all requirements of all the appropriate re~latory agencies. If an existing private utility will be utilized provide service to t~e project, such service shall be regarded a~ ~nterim, with the project connecting to County owne~ facilities when they ~come a~ilable. 8-5 [] 046 . .195 OCT 0 8 2002 An agreement shall be entered into between the County, the In%.rim utlZi%¥ purveyor and the developer, ~i~Lng o~t~e interim purveyor an6 the ~eveloper, his meal9ne or successors regard~n~ any In~B ~xeetnent fscll£tias to be utilized. The agreement ~uat be legally sufficient ~o ~e County. prior =o =h~ approval of cons=~ction documents Eot ~e project, and be in conformance with the requirements of Collier County Ordinance No. 88-76~ as amended. The existing off-site wattr facilities of ~he District mus~ ~ evaluated for hydraulic capacity to serve ~ls proJec= and re~nforced as re. ired, if necessa~, consistent ~i~ the county's Water system can hydraulically provide a sufficient o~ the proJoC= and the District's existing co~itted capacity. The on-site water distribution ayat6m to serve 10 inch water main on ~e east side o~ SR-951 (Isle of Capri Road) and e~en~ed throughout the project. ~ing deli~ Of ~ese facilities, the following features shall bm lnco~orated into the dis~i~tion ~ste=~ 1) ~ad end mains shall be eliminated by looping ~e inte~al pipeline network on cul-de-sacs, unless otherwise approved by the Collier County Uti%~ties Division. 2) Stubs for futur~ syst~ interconnection with adjacent prope~ies ~all be provided to the east, south and ~m wes~ property lines of ~the pro,eot, at locations to be mutually agreed to by the County and the Developer durin~ ~e d~s~g~ phase of ~he project. The u~lltty construction documents for the project's sewerage system shall be prepared to contain the design and cons=ruction of the on- site force main which will ultimately connect =he project =o ~. future central sewerage facilities of %he D~stric= ~n ~m SR 951 rights-of-way. The force main must ~ extendud from =he main on-site p~p station to ~m eas~ rights-of-way line of SR 951 capped and valved for future disconnection from ~e proposed interim utility system ~o se~m =he project. The conft~ration will permit the ~impla red~ec=lon of ~e project's sewerage when connection to the county's central sewer OCT 0 8 2002 8.9 Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, F~orida Statutes, that the Florida ~ublic Service ~o~ieston ham granted territorial rights to the Developer on an existing interim util£ty system to provide e~wor service to the project until the County.can provide thsee services through its sewer facilities. H. O~ER UTILITIES = Telephone, power, &nd TV Cable service shall be made available to all park/ttrv and residential areas. All ,uch utility lines shall be installed underground. WATER MANAGEMenT: A. Detailed paving, grading and site drainage plane shall be submitted to Project Review Services for .......... constr~¢tlon pez~mits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. Design end construction of &11 improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. .An Excavation Permit will be required for the proposed lakes in accordance with Collier County .Ordinance No. 88-26 and SFWMD rules. D. Fill material from the lake is planned to be utilized within the project.. However, excess 'fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirements of Ordinance 88-26t including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-26. E. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 8-7 OCT 0 8 2002 A Florida Department of Transportation permit approval to outfall into SR 951 right-of-way shall be submitted before construction plan .. approval. If Department of Transportation requirements for water managenen= significantly alters the '~astsr plan submitted for approval at this time, the petitioner shall consult with Planning Services who shall coordinate with Project Review Services to affirm =hat the project design ia consiat~nt with the approved master plan. The off-sits drainage will be routed through the project in an interceptor swale that discharges to the SR 951 canal or to an existing ditch located on the easterly adjacent property ~t the property boundaries. The off-site drainage will not be incorporated in the on-sits water ~anagementsyste~. At the tine of construction plans review, petitioner shall provide analysis on the capacity . of the proposed Off-site runoff interceptor swale. ~ "'I. The proposed off-site runoff interceptor swale shall be platted and dedicated as a drainage .... . ,.~ .~Y'~... .. A. Petitioner shall be subject to Ordinance 75.21 (or the tree{vegetation removal ordinance In existence at the time o[ permitting] requiring the acquisition of a tree re~oval per. it prior to any land clearing. A site clearing plan shall be submitted to the Project Review Services Environmental staff for their review and approval prior to any substantial work on the site. This plan ~sy be subnitted in phases to coincide with the development schedule. The sits clearing plan shall clearly depict how the final site layout tnc6rporates retained native vegetation to the maximum extent possible, and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. OCT 0 8 2002 Ee Fe B. ~attve sp~cAe~sdua~ be u.~$ltzed, as required Collier C~u~0s Zon~n~ OFdlnanc. e ~o. 82-2, as amended by Ordinance No. 89-57, In the site ~andscaping plan, A landsc&~e p~un for all landscaping in ~he hulop~n~ shal~ be submitted to aha Pro~ec~ Revitv S&Fv~ces Environmental s~aff ~or their r&vJe~ and appro~l. C. All exotic p~an~; ~'de~ned ~n ~he County Code~ shall be ~onoved during each phase construction from development a~eas, open ~pace areas, and preserve a~eas. Following s~e development~ a naintenance pro,ram shall be implemented to p~even~ reinvasion of ~e si~e such exotic species. This plan, which will describe control ~echniques and inspection ln~arvalE, shall be ~iled with, and app~cved P~c~ect Ravie~ Se~ices Environmen~al S~aff prior ~o Final Site Devel~en~ Plan/ Cons~cCion Plan a~p~oval. D.Xf during the course o~ site clearing, e~cava=lon, or ocher cons=ruc=ional ac=ivi=ies, am archaeological or historical si=e, ar=ifac=, or other lndica~or la discovered, all developmen= a~ ~e location shall ~ i~adiately a~opped and ~a ProJec~ Review ~viro~ental Staff notified. Development will be suspended for a sufficient length of rime ~o enable ~he ProJec= Review · Environmental S~aff, or a designated consul=an~ .j/'.:to assess the find and de~ernina ~he proper .-.'course of action in regard to its salvageablli=y. The Project Eeview Environmental S~aff will "'rtspond to any such notification in a timely and eff~ient harmer so as to provide only a minimal .in~e~p~ion ~o any cons~ction ac=ivities. "In accordance wl~h ~e D.E.R. Joint Applica=lon for Works in the Wa=era o'f Florida, ~he no~er~ost l~e shall maintain a li=toral zone with ~ical ha=ire a~atic vege=a~ion, subJec= ~o Sou=h Florida Wa=ar Hanagement Dls~r~c= (S~] approval. The remaining water bodies in ~ha developmen~ shall maintain lake side slopes aa re,ired ~ S~pe~it specifics=ions. Ail applicable local, State and Federal permits mus= be ob=ained prior to final Site Development Plan approval. 8-9 AGEndA I'I'E.~ OCT 0 8 2002 Ke 8.11 the pa~t~lona~ p~io~ ~o any construction. These &yeas ,hall ba field approved by Pro, act Review Services Environmental staff. These areas shall not be altered or modified with the exception of exotic vegetation removal, from the natural state unless otherwise stipulated in an approved mitigation plan. Prior to development activities, wetlands, preservation areas, buffer zones, natural vegetation[landscape areas, or other areas designated protected during ~he sits plan review process shall be clearly marked by suitable barrier, or visual markers no closer than six feet from such areas. The project's plans shall be brought to the attention of the Rookery Bay Aquatic Preserve Prior ~o Final Site Development[Construction Plan approval, demonstrate that twenty-five percent (25%) of the viable, naturally functioning native vegetation on site will be retained. A Wildlife survey shall be completed by a environmental consultant acceptable to the ~lorida Game & Freshwater Fish Commission (FGFFC), and shall be transmitted to the FGFFC and collier County for review and approval prior to Construction Plans/Plat approval(a). If listed species are found, a mitigation or relocation plan shall be submitted to the FGFFC and Collier'County for review and approval prior to Construction Plane/Plat approval(e). PLANNING CO~I~I~E~TS l A. Improvementm within Unit 30B, as described in the Deltona Settlement Agreement, on the site shall mee~ the requirements of the Deltona Settlement Agreement at t_he time of permit submission. The pstitioner'may agree to provide a roadway lnterconnection to adjacent property to the north. The future roadway interconnection may provide for public use and be located in the vicinity of the recreational area. Any subdivision master plan and/or sits development plan that ie filed for that tract shall alee identify the roadway interconnection. 8-10 ... Al AGENDA ITEM OCT 0 8 2O02 De Altho,&~l~ Construction Plans/Plat(s) may bs ~o ~ 1, lg92. Bit~ Devilment Plan approval an~ ~he re~ul~lng =ons~ruo~lon o~ a NSales Cen~er" and assooiats~ -~ ~odela" are exempt from this ~ov~lon. 8 . 12 ACCESSORY STRUCTU~ESI Accessory structures may be constructed simultaneously with, or following the conntructton of the principal structure. All signage shall be in accordance with the Collier County Sign.Ordinance, Ordinance No. 89-60, or its amended versto~ in effect at the time of Final Site Development Plan approval, with the following " exceptions: A. Two (2) proJec~ identification signs may be affixed ~o a pro~med wall adJacmn~ and along the '. wall to the exten= of not ~ore than three (3) ...:~.. feet,, eubJe~ to ~& ~oll~i~ remitments: 1) ..Such eigne shall con=aim only the name of : '. .~e devalopmen=, the insignia or motto of .-~..., '~ .... promotional or sales material 2) ~y project identification sign(s) shall not :~.~}%.~. ' .... '}'B. One (1} ground or wall sign may be located along "~.i~-:'f.. the S.R. 9~1 fro~=age for'the purpose of ~%.~.-.., promoting the development. Such a promotional · ~-',.:,.'i" · sign shall no~ exceed thirty (30) square feet. '. 8.14 ~DS~PING FOR O~-ST~ P~ING All landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of Final Site Development Plan approval~ 8-11 OCT 0 8 2002 8,15 POLLING PLACES~ Pursuant to Section 9.11 of the Zonin~ Ordinance or lts..eucceesor in the Unified Land Development Code, provision aha11 ben ads ~or the future use of building space within ~o~ncn areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in ~/~e official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners asmociations, or tenants associations. 'l'h~s agreement shall provide f6r said co~nunit¥ recreat~on/public building/public room or similar common fac£~ty to be used for a polling place ~f determined to be necessary by the Supervisor of Elections. 048 ,o .202 8-12 OCT 0 8 LAND USE SUMM~d{Y ,,~v~ '-' "'~ EXHIBIT "A" SILVER LAKES P.U.D. MASTER PLAN OCT 0 8 2002 SILVER LAKES P.U.D. TRACT MAP i~-n~r~ °B° OCT 0 8 2002 ]'r.,OR]:DA ) I~'.:'~3/~S ¢. GIL~$, Cl,~rh o£ Cour~l In and for ~eth ~d~c~ul Clr~ul~, Coll4er ~, F2ort~, 'e~ certtf~ ~lt t~ fore~oln~ ~e a ~ue cop~ of* : ", -~ ~ -: O~dln~ce No. 91-90 · i'~ ': 1:.~1 Ido~ttd ~ ~he Board o~ Co~y Co~l~!oner~ on of ~eptelber, 1991, during Re~3ar ~ell~on. ~ h~ ~d the o~flcill leal of the Bolrd o~ l~irl of Col~l~ Co~y, Florida, th~s 30~h ,'.,1991. .:~ .-'.. !]1 OCT 0 8 20O2 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-90, THE SILVER LAKES PUD, BY PROVIDING FOR: SECTION ONE WHICH AMENDS SECTION 2.3. PROJECT PLAN AND LAND USE TRACTS, AND SECTION TWO WHICH PROVIDES FOR AN EFFECTIVE DATE. Whereas, on September 21. 1991, the Board of County Commissioners approved Ordinance Number 91-90 which established the Silver Lakes Planned Unit Development; and WHEREAS, Dwight Nadeau, of RWA, INC., representing Conquest Development, U.S.A., L. C., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THERtiFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT TO SECTION II OF THE SILVER LAKES PUD DOCUMENT Subsection 2.3.A.. Project Plan and Land Use Tracts, of Section II, Project Development, of Ordinance Number 91-90. the Sih'er Lakes Plarmed Unit Development is hereby amended read as follows: 2..3 PROJECT PLAN AND LANrD USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use. is illustrated graphically by Exhibit "A", PUD Master Plan. The project Tract Map identified approximate acreage and land use of the various tracts and is illustrated by Exhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration is o..__f which is also illustrated by Exhibit "A". TYPE UNITS ACRAGE+_ TRACT "A" Park/T.T. a00 ~ 24 160 15 0 9-7--78 o 326 TRACT "AR" RESIDENTIAL TRACT "CR" CR TRACT "CO" CO TR.ACT "~" BUFFER -" AGENOA tT~5~ -' OCT 0 2002 p{. ~ SECTION TWO: EFFECTWE DATF This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUDA-2001-AR-1404ZFR lo BY: JAMES N. COLETTA, CHAIRMAN OCT 0 I] 2002 EXECUTIVE SUMMARY TO APPROVE COUNTY CODE OF LAWS AND ORDINANCES, SECTION 66- 116, AS AMENDED BY THE COUNTY ATTORNEY, CREATING STRICTER ENFORCEMENT OF PUBLIC SWIMMING POOLS CURRENTLY EXEMPT UNDER FLORIDA STATUTES. OBJECTIVE: To provide safer public facilities for the community. CONSIDERATION: Florida Statute 514 and Administrative Code for Public Pools Construction and Operational Standards, 64E-9 allow for exemptions fi.om regular inspections primarily to public pools serving less than 32 living units. The Department of Health (DOH) estimates that there are approximately 350 such pools in Collier County that are not permitted or inspected by DOH. It is believed that many of these pools are operating without certain safety provisions and with substandard water quality. More specifically, many of these exempt pools are operating with direct suction systems, with no relief tank. If a pool operates with such a system and has a broken drain grate, a swimmer can become trapped within the main drain, causing catastrophic injury or death. Similarly, there are many other health and safety issues that can present operational hazards for the casual swimmer as well. These issues can be minimized if the pools are inspected on a regular basis by trained staff. These inspections will also provide the user with a level of reliance that the water quality meets standards. Presently, these pools are not monitored; however, there is a belief from the users that their pool is inspected. To accommodate these concems and to provide the public with better health and safety provisions, the Collier County Heaitlt Department recommends that exemptions be removed for all existing and new public pools. In accordance with this recommendation, the Board of County Commissioners, at their June 11, 2002 meeting, directed the County Attorney to amend the Code of Laws and Ordinances, Article V. Section 66-116 and advertise the changes for Public Hearing. Attached are the proposed language changes to Article V. Public Swimming Pools, Collier County Code of Laws and Ordinances, Section 66-116. The Collier County Health Department (CCHD) has presented these concems and proposed changes to the Development Services Advisory Committee (DSAC). Upon subcomnfittee evaluation and full committee discussion, the recommendation to remove public pool exemptions in Collier County was approved by a majority vote of the attending DSAC members on September 4, 2002. AGENDA ITEM NO. ~>p 0CT - 8 ZuUX pg. I Implementation of these changes will translate into: · CCHD'S permitting and inspection of all public pools in Collier County. Approximately 1600 existing pools shall be inspected 2-4 times/year. Construction of all new public pools shall be required to have construction plan reviews and installation inspections by the CCHD. Commercial grade products and all applicable safety features shall be required on all new construction. Certain safety violations, resulting from un-inspected and non-engineered pools, are anticipated at existing exempt pools. The DOH will work with the owners of these facilities to resolve issues. The added workload will require an additional 1.5 inspectors. The permitting fees from the exempt pools shall provide the revenue for these additional inspection services. ECONOMIC IMPACT of this program change will be $255/year for each exempt pool to obtain an operating permit and to have DOH provide inspection and water quality testing services. With each pool serving an average of 15 units and 2 people per unit, the average cost to the individual customer for this service is estimated at $8.50/year. Assuming there are 350 exempt pools currently in existence in Collier County, the additional revenue generated will be $89,250/year. These funds shall be utilized to offset the cost of the inspections including: 1.5 inspectors, water quality testing, inspection vehicles, and associated ex. penses. GROWTH MANAGEMENT: Growth Management Plan. This Ordinance does not impact the County's FISCAL IMPACT: Once the Ordinance is adopted, it is anticipated that annual revenues in the mount of $89,250 will be raised to offset the expense of inspections as noted previously. As with other fees currently collected by the County Health Department, the revenues and expenses associated with this program will not be passed through the County's financial system. Instead, the program revenues and expenses are managed directly by the County Health Department. RECOMMENDATION: That the Board of County Commissioners approves the attached Code of Laws and Ordinances, Section 66-116, as amended by the County Attorney. AGENDAATEM OCT -8 Pg.. ,~. PREPARED BY: Collier County Health Department //~ Dr. Joan Colfer, D~ector ..Collier County Health Department Thomas G. Walker, PE, Environmental Health Administrator APPROVED BY: DATE: 'ohn D~nfiuck, Public Services Administrator Collier County Government No._O ~-~ OCT 0 8 ~002 l Pg.. ~ ! 2 3 $ 6 ? 9 10 11 12 13 14 16 I? 18 19 2O 21 23 24 25 27 3O 31 32 33 34 35 37 39 40 41 42 43 47 ¢9 ORDINANCE NO. 2002- AN ORDINANCE AMENDING COLLIER COUNTY CODE OF LAW AND ORDINANCES CHAPTER 66, HEALTH AND SANITATION, ARTICLE V, PUBLIC SWIMMING POOLS, ESTABLISHED BY ORDINANCE 77-51, AS PREVIOUSLY AMENDED BY ORDINANCE 99-65; AMENDING SECTION 66-119, PERTAINING TO SWIMMING POOL WATER QUALITY AND SAFETY; AMENDING SECTION 66-121, PERTAINING TO VIOLATIONS; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, including its respective municipalities, has the highest percentage of "exempt" public swimming pools in the State of Florida; and WHEREAS, a recent survey of"exempt" pools by the Collier County Health Department has revealed that significant health and safety concerns exist with regard to the construction, operation, and maintenance of such pools; and WHEREAS, adopting limited regulations that are more restrictive than the "exempt" pool provisions contained in Chapter 514, F.S., within Collier County so the new and existing public pools will be in compliance with the Florida Administrative Code (FAC) 64E-9, pertaining to operational and permitting requirements for such pools will serve and promote a public purpose; and WHEREAS, it is necessary to eliminate the requirement for a performance plan review for "exempt" pools to further that public purpose; and WHEREAS, it is also necessary to require those seeking to construct a public swimming pool to obtain a construction permit and comply with the requirement of FAC 64E-9, except for section 16(1). NOW, THEREFORE, be it ordained by the board of county commissioners of Collier County, Florida, that: SECTION ONE: The text of the following sections of Chapter 66, Health and Sanitation, of Article V, Public Swimming Pools, of the Code of Laws and Ordinances of Collier County, Florida, are amended by ~the text which follows where .underlined words reflect new text and stm~,-t~eag~ words reflect deleted text: Regulations incorporated by reference and definition., Sec. 66-116. 2002 I 2 3 4 5 6 7 $ 9 10 I! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 47 49 50 51 52 53 (a) The provisions and definitions of Chapter 64E-9 of the Florida Administrative Code in effect on the effective date of this article, and future amendments to Chapter 64E-9 or to any successor in function to Chapter 64E-9 which regulates public swimming pools and/or public bathing places are incorporated by reference into this article as though set out fully herein. (b) For the purpose of this article, the following terms are defined: Health department shall mean the county health department, a subdivision of the Florida Department Of Health. Public swimming pool shall mean any swimming pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, together with buildings, appurtenances and equipment used in connection therewith. A public swimming pool, where admission is gained with or without payment of any fee for admission, operated by or serving a camp, church, city, county, day care center, group home facility for eight or more clients, health spa, institution, park, state or federal agency, school, subdivision; or cooperative type living project of five or more living units, such as an apartment or condominium, boarding house, mobile home park, recreational vehicle park, townhouse, or transient living location (such as a motel or hotel) or where the public is allowed to swim. Course shall mean a course of study in the care, maintenance and operation of public swimming pools as the course is approved and administered by the health department. Transient lodging shall mean a building, facility, or portion thereof (excluding inpatient medical care facilities) which contains one or more dwelling units or sleeping accommodations, including, but not limited to, a resort, group home, hotel, motel, or dormitory. Barrier shall mean fence, x~-all, building wail, or combination thereof, which completely or surrounds the swimming pool and obstructs unauthorized access to/or from the swimming pool. (Ord. No. 77-51, § 1; Ord. No. 99-65, § 1, 9-14-99) Sec. 66-117. Pool operator's certificate. (a) From the effective date of this article, it shall be unlawful for any person, corporation, parmership, association or other legal entity to operate and/or maintain a public swimming pool unless and until some person directly responsible for the maintenance and care of such swimming pool shall first obtain a pool operator's certificate from the health department, which must be displayed at the pool area. The pool shall have daily maintenance and records of the daily maintenance must be retained on the pool site for review by the health department. (b) All persons engaged in public swimming pool services or maintenance must acquire a pool operator's certificate from the health department. Pool service contractors holding a current license to operate issued by the county or by the State of Florida are excluded from this requirement. All pool service contractors must be prepared, upon oral request by the health department., to immediately present this license at the pool for inspection. (Ord. No. 77-51, § 2; Ord. No. 99-65, § 2, 9-14-99) ' AGENDA ITEM' Sec. 66-118. Procedure for obtaining a pool operator's certificate. (a) All applications for a pool operator's certificate shall be made and fil 2 ;d lOtTt 8 zOO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O '41 42 43 45 46 47' 48 49 50 51 52 53 health department. The health department shall prescribe the form of application and make such investigation concerning all applications filed as it shall deem necessary. Co) A pool operator's certificate shall be issued by the health department to all applicants who shall first present evidence of satisfactory completion of an approved course in the care, maintenance and operation of public swimming pools. A $20.00 fee shall be charged for the issuance of each pool operator's certificate. (c) Upon payment of a fee of $20.00, any applicant may elect to challenge the final examination instead of completing the course. If the examination is passed, a pool operator's certificate shall be issued. If the examination is failed, the course must be completed before re-examination and the course fee must be paid. The pool operator's certificate will be valid for three years and may be reissued upon payment of an additional fee of $20.00. Certificates valid on the effective date of this article will remain valid until September 30, 2001. (d) A pool operator's certificate issued pursuant to section 66-1 lg(b) of this article shall be valid for the time periods specified in subsection (e), above unless sooner revoked for cause by the health department. Continued violation of any provision of the Florida Administrative Code, Chapter 64E-9, as amended, shall be prima facie grounds for revocation of the pool operator's certificate. The certificate may be declared invalid if the holder does not attend a refresher course as prescribed by the health department. Such refresher courses shall not be required more frequently than annually. (e) In lieu ora pool operator's certificate, a provisional certificate will be issued for an indi- vidual on registration for the course. This provisional certificate will be valid until the date of satisfactory completion of the course, or for six months, whichever occurs first. (0 A fee of $50.00 shall be charged by the health department for all of the following: Pro- cessing applications, issuing a certificate, conducting the course and supplying the required educational materials. (Ord. No. 77-51, § 3; Ord. No. 99-65, § 3, 9-14-99) Sec. 66-119. Swimming Pool Water Quality and Safety (a) The health department will conduct unannounced inspections of public swimming pools (including water sampling) at least two times per year but not more frequently than four times per year for each pool. Each water sample shall be analyzed for .bacterial contamination. Upon a positive reading of the sample, the pool owner or owners' representative will be notified of the positive reading. The swimming pool and adjacent areas shall be immediately posted as being "closed" and shall remain closed until completion of the then required superchlorination procedures. CO) In the event of fecal contamination of any pool water, the health department must be noti- fied immediately by the staff of the swimming pool; and the pool and adjacent area shall immediately be posted as "closed." All solids must be removed; filters must be backwashed and be thoroughly cleaned, and the pool shall be superchlorinated to 20 parts per million. The chlorine level shall be checked to assure that it meets the then applicable minimum standards before the pool is reopened. (c) Any pool, on inspection, that is found to be in violation of the Florida Administrative Code, Chapter 64E-9, or that is creating a public health ho:,~rd shall be closed by the health department until corrections are made and such corrections are verified by '~ '"":~ITF~ 3 OCT 0 8 2002 p~. -C 1 2 3 4 $ 6 7 $ 9 I0 II I2 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 45 47 4g 49 5O 51 52 (d) The exemption nrovisions_contained in Sections 514.0115 (1) - (4), Florida Statutes, a.5 they may b~ ~nended from time to time. relating to public swimming pools, specifieall,~ including, but not limited to, those serving condominiums or Cooperative living units, do not apply within Collier County. Existing and new public swimming pools, as defined herein, arc and will be subject to-the operational and permitting requirements of the Florida Administrative Code (FAC). 64E-9. (d e_) A fee of $180.00 shall be charged annually by the health department for the above-specified pool water sampling and analysis, and an a_~_ifional _ann,al fcc of $75.00 will be charged for _permitting and inspection services r_~_?ired by applicable regulations~ (Ord. No. 77-51, § 4; Ord. No. 99-65, § 4, 9-14-99) State law reference---Penalty for ordinance violations, F.S. § 125.69. Set. 66-120. Plumbing inapections. A health department engineer shall perform inspections on the plumbing for each ~l'~nned public swimming pool to verify compliance with the approved engineered plans. Upon completion of the plumbing installation, the pool contractor must contact the health department's engineer for inspection before hydraulically compacting the backfill around the pool. Co) A fee of $50.00 shall be charged by the health department for each such plumbing inspec- tion. When compliance with the inspection has been established, the health department will issue written confirmation of same as no extra charge. (Ord. No. 99-65, § 5, 9-14-99) Sec. 66-121. Violations. (a) Violation of any of the provisions of this article may be punished as provided by law. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be p~mishable as such thereafter. Co) It shall be a violation of this article to commence any construction, modification, or re- surfacing of a public swimming pool or any adjacent deck adjacent without obtaining prior written approval to do so from the health department. (c) Each spa located within a pool/spa combination and the pool having a water capacity of 25,000 gallons or more, or where the pool is within (or is a component part of) transient lodg- ing, shall comply with Subsection 64E-9.O10, Florida Administrative Code, as now exists or amended hereafter (or its successor in function) which now reads: "Oxidation reduction potential" (ORP) controllers shall be provided on spa pools to assist in maintaining proper disinfection levels." Such ORP/PH controllers must be installed by or on behalf of the pool owner (al no cost to the county) within one year following the effective date of this article. (d) g. ach person seekin~ to construct a public swimming pool .... ___gacr:cn cc, ....................... . . ~, ................ r-. ~,,+,^-~' -.." ..... OCT 0 8 2002 4 1 2 3 4 5 6 '7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .~_...,.~..,. s- .... ,,4. ........ ~ ....... : ...... .~ ,.~.~ e._~: ..... '*:~" must apply for and obtain a construction permit, and the plans for such pools must comply with FAC Chapter 64E-9, except for section 16 (1). (e) A civil fmc of $500.00 shall b~ paid for g~ach fast violafio~ of any provision of this article. A fu~ of $1,000.00 shall be paid for a second violation of this article by tl~ sasm pool facility within any 360 days of the effective date of the first violation. In addition, enforcement of this article may be accomplished by applying section 1-6 of the county's Code of Ordinances. (Ord. No. 99-65, § 6, 9-14-99) Sec. 66-122. Fees. Fees ~pecifiod in this article may be revised from time-to-time by resolution of the board of county commissioners. (Ord. No. 99455, § 7, 9-14-99) SECTION TWO: Inclusion in the Code of Laws and Ordinances: The provisions of this ordinance are intended to become and to be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered lo accomplish such, and the word "ordinance" may be changed to "section", "article," or any other appropriate word. SECTION THREE: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. OCT 0 8 2002 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION FOUR: Effective Date. This ordinance becomes 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 ,2002 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form~[lufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Colletta, Chairman OCT 0 8 2002 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION AMENDING THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE OBJECTIVE: Board of County Commissioners adoption of a ResoIution amending Schedule One of Appendix A (the Road Impact Fee Schedule) of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related transportation capital improvements since October 7, 1985. The Board of County Commissioners established the current impact fee rates on January 11, 2000, and those rates took effect on April 1, 2000. Prior to the most recent increase the rates had not been updated since April 16, 1992. The current rates have been in place for more than two years. The County's exceptional growth in the past three years, in conjunction with rising capital construction costs, which are largely driven by escalating land acquisition prices, has necessitated an increase i~ Road Impact Fee rates. This update includes the recalculation of roadway constr~:ction costs (includes all costs associated with adding additional lane capacity), as developed for the County by Post, Buckley, Schuh and Jernigan, Inc., and changing ()l several other factors used in the impact fee rate calculation. Staff presented a proposed Road Impact Fee schedule to the Board in an advertised public heating on July 30, 2002. The proposed rates were then more than two and one half times the current rates. The Board directed staff to more thoroughly analyze the various cost components of the calculation formula and to return with the results of the additional analysis at the September 17, 2002 workshop and at the first Board meeting in October. The County retained the consulting services of Tindale-Oliver and Associates to review the recalculated construction costs and to perform a more detailed analysis. As a result of the additional analysis, the increase that is now being recommended to the Board has been adjusted to just over twice the current rates. The major change from the prior proposed rates is the inclusion of a credit for the property tax to retire the $257 million in bonding dedicated to transportation capacity enhancements. The Resolution attached to this Executive Summary reflects that increase. OCT 0 § 2002 Resolution - 2002 Road Impact Fee Update Page 2 As a result of the analysis, the following adjustments were made to the calculation: 1. Construction Cost From: 2. Gasoline Tax Credit From: 3. Fuel Efficiency From: 4. Interstate Mileage From: $3,157,279 To: $3,151,198 $0.241/Gallon To: $0.243/Gallon 20.1 MPG To: 17.6 MPG 6% To: 13% The enclosed reports update previous studies prepared for Collier County by Tindale- Oliver and Associates, Inc. in 1991, Collier County Transportation Impact Fee 1991 Update Study, and in 1999, Collier County 1999 Transportation Impact Fee Update Study. At the July 30, 2002 public hearing, the Board also directed staff to conduct a public listening session for the community to address the social and economic effects of major impact fee increases and to present the resulting recommendations at a subsequent Board workshop. The public listening session was held on August 30, 2002. Staff prepared a written package of recommendations resulting from the session and presented those recommendations to the Board at the September 17, 2002 workshop. As a result of that workshop, staff was directed to further develop for consideration and adoption several of the initiatives in the areas of low-income housing and economic development in order to offset the social and economic effects of this proposed increase in fees. GROWTH MANAGEMENT IMPACT: The proposed impact fee rates are designed to provide adequate funding for capital improvements to transportation-related public facilities as indicated by the Capital Improvement Element of the Collier County Growth Management Plan. FISCAL IMPACT: Staff recommends implementation of the proposed new fee schedule in two phases. The first phase would increase the rates of the more than 60 land use categories to just over double the current rates, less a credit of about ten percent to account for the costs of relocating utilities infrastructure (not water/sewer capacity expansion), which are currently included in the calculation of the County's water and sewer rates. This phased implementation will avoid double charging for the costs of relocating utilities. After the next Water/Sewer Impact Fee and user fee updates becomes effective (currently planned for February 2003) and the utility relocation costs are removed from the utility fees, Phase II of the Road Impact Fee increase will commence, fully implementing the increase by adding back in the utilities relocation cost component. For example, in Phase I the rate for a 2,000 square foot single-family home would be $3,472 and, upon implementation of Phase 1I, the rate would be $3,835, a difference of $363 or approximately ten percent of $3,835. 2002 Resolution - 2002 Road Impact Fee Update Page 3 The attached resolution provides that the proposed Phase I rate schedule (initially excluding the utilities relocation component) shall become effective on November 1, 2002. The contemplated annual increase in revenue 'to be generated by the fully implemented impact fee rates is over $19.5 million per ~Year, provided the current level and mix of building permitting activity remains about the same. In addition, the proposed Road Impact Fee Schedule includea two new single-family home categories dedicated to affordable housing. One category's calculated fee is based on trip generation data for a single-family home of less than 1,500 square feet and the homeowner is income restricted, inclusive of Social Security and pension payments, to less than 50% of the area median income (Very-Low income). The other new category is based on a single-family home less than 1,500 square feet owned by persons at the Poverty Level or less, also inclusive of Social Security and pension payments. It is estimated that approximately 110 homebuyers a year would qualify for these two new categories. After implementation of this impact fee increase, the County will commence a three-year update cycle pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74- 502. In the years between updates, the County will implement adjustments to design and construction costs, Construction, Engineering and Inspection costs and the non-land components of the cost of right-of-way acquisition based on inflation projections contained in the Evaluation and Update of Unit Costs for Impact Assessment (Revised September 1, 2002) prepared for Collier County by Post, Buckley, Schuh and Jernigan, Inc. and based on the price trends index prepared by the Florida Department of Transportation's Office of Planning. The inflation rates for the land component of rights- of way acquisition during the two years between updates shall be based on the percent change in Just Values, without new development, as determined annually by the Collier County Property Appraiser. The Just Value adjustment shall be capped at 25 percent. Despite the noted social and economic effects discussed during the public listening session and workshop, the proposed Road Impact Fee rate increase must be evaluated from a long-term perspective. The cost to expand the capacity of the County's transportation network to accommodate growth is $3,151,198 per lane mile and is likely to continue to increase in the years to come. If the County does not adopt the proposed Road Impact Fee rates at these revised recommended amounts, a funding shortfall for road construction will result unless the County identifies other funding sources, such as increases in property taxes, to make up for funding shortfalts in order to maintain its adopted level of service pursuant to Chapter 163, Florida Statutes. OCT Resolution - 2002 Road Impact Fee Update Page 4 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution, amending Schedule One of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, promulgating the proposed Road Impact Fee rates with an effective date of November 1, 2002 for Phase I (without utility relocation costs included) and authorizing that the Phase II Road Impact Fees be adopted effective concurrently with the removal of transportation-related utility relocation costs from the utilities fees (currently planned for February 2003). Prepared by: :,F(-~ ~~ c/// Phil Tit{dali, Impact Fee Coordinator Date: /JoSeph K. SA:hn~tt,'Administrator [ CommunTyJDevelol?ment & Environmental Services Division Ao~roved by' T)?;~"~'/~~ Date: ~¢~ ~" -' " ;' ' ' ' ' r - No~an~. Feder, AICP, Administrato ' Transp~ation Services Division OCT 0 8 2O02 Pg., FINALDRAFT COLLIER COUNTY 2002 TRANSPORTATION IMPACT FEE UPDATE STUDY SUMMARY REPORT Prepared for: Collier County Board of County Commissioners Prepared by: Tindale-Oliver and Associates, Inc. Tampa, Florida Revised: September 20, 2002 Tindale-Oliver & Associates, Inc. September 4-320, 2002 (rev. A) Collier County 200~ Impact F~ OCT 0 8 2002 Tranl~grtation COLLIER COUNTY 2002 TRANSPORTATION IMPACT FEE UPDATE STUDY 1.0INTRODUCTION Collier County's Transportation Impact Fee Ordinance was originally adopted in January 1985, to assist the County in providing adequate transportation facilities for expected growth. Section 74-335(a) of the current ordinance requires the fee to be reviewed and, if appropriate, updated every three years.~ The County's 2002 update is detailed in this summary report. In addition, alternative fee schedules are presented. The general equation used to compute the transportation impact fee for a given land use is: Demand x Cost - Credits = Fee The demand for travel placed on the transportation system is usually expressed in units of vehicle-miles or lane-miles of roadway capacity consumed, the cost of building capacity in units of dollars per vehicle-mile or lane-mile of roadway capacity, and the credits are an estimate of the revenues generated by the development which are allocated to roadway construction or transportation sx's~em capacity expansion. Thus, the fee represents an "up front" payment for a portion of the cost to replace the transportation facilities consumed by a development. The 1999 review and update recognized several changes in local policies and used additional or new information relevant to transportation impact fees that was available. Some of the more significant issues that have necessitated this 2002 update study include: · Modifications in gasoline taxes; · Use of non-gas tax revenues for transportation; · Updated roadway improvement cost estimates; · Updated Right-of-Way cost estimates; and · The potential of indexing the fee cost components each year. These items are all discussed in subsequent sections of this document. Source: Collier County Code of Ordinances, Chapter 74, Section 74-335(a), "Review Requirert nc.,~oA OCT 0 8 ZOO2 :nt." ~ Tindale-Oliver & Associates, Inc. September -1~20, 2002 (rev. A) Collier County 2002 Tra! 2 Impact Fee Update Study In addition to the discussion of these items, this summary report identifies key issues in the current impact fees for which changes are proposed, and presents a brief discussion of each issue. In addition, fee schedules are provided showing the effects of these changes. Finally, an estimate of potential revenues from the revised fee schedules is provided. 2.0 CHANGES TO CURRENT FEE VARIABLES All ten (10) input components of the fee equation were reviewed and changes to three (3) of the variables are proposed. This review and the proposed changes are presented in the following sections. 2.1 Individual Land Use Trip Characteristics The amount of road system consumed by a land development activity is measured by the number of trips generated, the length of those trips, and the proportion of that travel that is new travel, rather than travel that might have already been on the road system. When the original 1985 fee schedule was adopted, relatively few studies of the trip length and "percent new trips" were available. However, more of these type of data is now available and, where it is, the trip characteristics information has been updated. In the 1999 Study Update, trip characteristics studies of three land uses (residential, business parks, and specialty retail land uses) in Collier County were undertaken. Trip generation rates from the recently updated Institute of Transportation Engineers' Trip Generation reference (6th edition) were incorporated. Generally, these changes have not been significant; however, the trip length for residential single-family land uses has been increased from 4.7 miles to 5.5 miles as a result of field studies in other Florida counties. During this 2002 update, questions were raised regarding travel demand for various land use categories by staff and others during various meetings, including the issue of income-restricted households. These questions were reviewed and, at this time, no changes to the existing demand component are recommended as part of this update. However. an analysis was completed on the travel behavior of lower income households in the U.S. usine the 1995 Nationwide Personal Transportation Study (NPTS) and the 1999 American Housing Survey (AHS) databases with regard to the income-restricted issue. The analysis indicates that the income lbr families/households residing in housing units of less than 1.500 Tindale-Oliver & Associates, Inc. September t-32_Q0, 2002 (rev. A) Collier County 2002 Trans[ Impact Fee Upda ~edjan, wm~ DA~ 0 8 2002 e Study'I Pg. , 'i It_ feet is si ~nificantly lower than those for families/households in larger housing units, and is more in line with the median income associated with mobile home residents. Because of this difference. NPTS data for annual household vehicle miles of travel (VMT) were used to help derive daily trip rates for two new subcategories in the Sinele Family (Detached) residential land use category. The new recommended cate~oories based on income restrictions are (1) Less than 1,500 s.f. and Total Annual Household Income less than or equal to 50 percent of the Collier County median annual household income, and (2) Less than 1.500 s.f. and Total Annual Household Income at or below the poverty level. The data and calculations used to develop these new subcatetzories and their respective trip rates are presented in Appendi x A. 2.2 Cost of Transportation Capacity As with the cost of many things, the cost of providing transportation system capacity has increased in recent years. Information from the Collier County Public Works Engineering Department and the Florida Department of Transportation regarding recent road construction costs have been used to develop a unit construction and engineering cost. Appendix BA prov. ides a report evaluating the current cost data being utilized to I update the impact fee based on roadway capacity improvements in Collier County. The report, Evaluation rind Update of Unit Costs for Impact Assessment (revised September l 1 July 2~, 2002), identifies and provides supporting cost data for roadway improvements. The report divides the cost into five (5) phases. The five phases and the estimated costs for each are as follows. Phase Design Right-of-Way Utilities Construction Engineering and Inspection Mitigation Total Costs Tindale-Oliver & Associates, Inc. September 4--320, 2002 (rev. A) 4 Costs Per Lane Mile $205,825 $1,250,000 $232,261 $1,420,228 $42,884 $3,151, '~9-,° Collier County 2002 Tram Impact Fee Upd OCT 0 it. ~ortation stnv I Appendix C._~ provides additional detailed data and analysis used to estimate the [ Right-of-Way costs for each lane mile of construction. The utilitiesy relocation fee is included in the total cost per lane mile but will not be included in the Transportation impact fee until it is removed from the Utilities impact fee when those are next updated. At that time, the full impact fee cost will be charged under the Transportation impact fees. This was done to avoid double charging for these fees. In Appendix G. fl:his report includes two impact fee schedules: one with the u~dtilitiesy relocation fees and one without. The variation of the impact fee for a mid-size, single family home is $5,113 when utilities relocation is included and $4,629 when the utilities relocation costs are not included (given no other adjustments). 2.3 Gasoline Tax Credit (Equivalent) Travel from new development generates gasoline tax revenues, a portion of which is typically allocated to expansion of the transportation system. In the current impact fee, 14.8 cents of the tax on each gallon of gasoline was allocated to system capacity-increasing improvements. The present value of gasoline taxes generated by a new development over a 25-year period is credited against the cost of the system consumed by travel associated with the development. A review of current State and County transportation financing plans indicates that gasoline taxes collected at the local and State levels and used for capacity improvements has changed. Appendix DG provides the detailed calculation of the impact fee credits to be used in the impact fee formula. These credits are all normalized to an equivalent penny of gas tax (based on each penny generating $1.3 million) that is paid by new development and is used to construct projects that add capacity to the roadway system. This update adds credit for continuation of the Local Option Gas T~ax to 2023 and for the bonding of $257 million to be paid back by ad valorem proceeds. It also reduces the credit for state gas tax to reflect the actual amount of funding Collier County has and is projected to receive for capacity improvements from S_state and Ffederal funding. The following summarizes the results of this analysis. Tindale-Oliver & Associates, Inc. September 4-320, 2002 (rev. A) Collier County 2002 Tran: Impact Fee Upd OCT 0 2002 ~ortation~ te I Source Equivalent Pennies Constitutional Fuel Tax $.02 County Fuel Tax $.01 1st Local Option $.048 2nd Local Option $.040 Ninth - Cent Fuel Tax $.01 Additional County revenues-- $.079 State Revenues $.036 Total Pennies $.243 In summary, 12.8 cents comes from gas tax that the County manages, an additional 7.91 cents of equivalent, gas tax is provided by the County through a bond program, and the State is projected to spend an equivalent of 3.57 cents on the state road program. Therefore, the total of 24.3 cents is used in the impact fee equation to recognize the future capital revenue that will be generated by new development. 2.4 Facility Life The facility life relates to the time period over which gasoline tax revenues might be bonded to pay for an improvement. The life used in the current fee is 25 years, which is typical of impact fees in many other communities. Thus, no change in this variable is recommended. 2.5 Interest Rate This is the discount rate at which gasoline tax revenues might be bonded. It is used to compute the present value of the gasoline taxes generated by new development. A rate of six (6) percent is used in the current fee and the recommendation is to continue to use this rate. 2 The equivalent pennies fieure for the additional County revenues source is calculated based on the fieure of $257 ~nillion, the vah,e of an equivalem penny, and the analysis period of 25 years (i.e.. $2~ million 425 years 4 $1.3 million/penny = 7.91 pennies, or $0.079L Tindale-Oliver & Associates, Inc. September 4-320, 2002 (rev. A) Collier County 2002 Transpc Impact Fee Update ~nd .~qOA OCT 0 o02 tation Stud~gJ 2.6 Capacity per Lane An additional component of the impact fee equation is the average capacity added per lane mile of roadway constructed. Appendix E_D provides a spreadsheet detailing the methodology used to calculate the capacity added per lane mile constructed in the Collier County Capital Improvement Program. The capacity used in the current impact fee schedule is 8,685 vehicle miles of capacity added for each lane mile of road constructed. Based on the analysis of the County's Capital Improvement Plan projects, an average of 8,610 vehicle miles of capacity added per lane mile was calculated - a total that is very close to the current capacity used in the impact fee equation. Due to the fact that these numbers are so close, it is recommended that the current figure of 8,685 vehicle miles of capacity added per lane mile continue to be used in the proposed impact fee equation. 2.7 Fuel Efficiency The fuel efficiency of the fleet of motor vehicles using the road system over the next 25 years is used to estimate the quantity of gasoline consumed by travel associated with a land use. According to the existino_ ordinance, aA value of 1617.~ miles per gallon is used in the impactc-tm:em fee calculation. This number was questioned and analyzed during the review process. Several options were considered in computing the fuel efficiency to be used in the impact fee equation. Concern was raised that large trucks should be included in the calculation. After several discussions and proposals, an agreed-upon fleet mix, which includes a non- interstate large truck component, was arrived at and Appendix _g documents the calculation for the new fuel efficiency value. VMT for the vehicle types is divided by the combined total gallons of consumed to calculate, in effect, a "weighted" fuel efficiency valuei~ Basically, the methodology utilizes non-interstate vehicle miles of travel (VMT) and average fuel consumption data for passenger vehicles (i.e., passenger cars and other 2-axle, 4-tire vehicles, such as vans, pickups, and SUVs) and large trucks (i.e., single-unit, 2-axle, 6-tire or more trucks and combination trucks) to calculate the total gallons of fuel utilized by each of these vehicle types. The combined total fuel Collier County 2002 Transpo Impact Fee Update Tindale-Oliver & Associates, Inc. September 4-320, 2002 (rev. A) 0 § 2002 :ation gtudh! II appropriately accounts for the existing fleet mix of traffic on non-interstate roadways. The VMT and average fuel consumption data came from the Federal Highway Administration's Highway Statistics 2000.3 Based on the calculation completed in Appendix _F~, then, the new fuel efficiency rate to be used in the updated impact fee equation is 17.6 miles per gallon. 2.8 Effective Days per Year For all land uses, an effective 365 days per year of operation was assumed in the current fee. This will not be the case for all land uses, as some uses operate only on weekdays (e.g., office buildings) and/or only seasonally (e.g., schools). The use of 365 days per year provides a "conservative" element, ensuring that gasoline taxes are adequately credited against the fee. No changes are proposed in this fee update. 2.9 Interstate Mileage Percent This variable is used to recognize that Interstate highway improvements are funded by the State using earmarked State and Federal funds. The improvements to Interstate highway and toll facilities can be very expensive, thereby driving up the impact fee. However, when a large amount of new federal dollars is expended in the County, the credit can be very high, bringing the impact fee down as a result. The limited access facilities can create havoc on an impact fee program due to the "lumpy" nature of costs and future revenues. On that basis, travel on the Interstate system should not be assessed. Collier County does not have a toll facility within the county boundaries. In addition, Collier County does not have the circumstance of two different interstates meeting within the county, thereby requiring a very expensive interchange between limited access facilities. For these reasons, Collier County staff is reviewing the issue of an "Interstate Mileage Credit" and its appropriate application given the specific makeup of the Interstate system within Collier County. As local trips (trips starting or ending within Collier County) are made on the Interstate highway, gasoline taxes funding local road construction are being generated. In the current fee, 13 percent of locally generated travel was estimated to occur on the Interstate highway system. A review of this number was 3 The data used in Appendix E were compiled from Table VM-I (Section V) of the document, H Statistics 2000, Office of Highway Policy Information, Federal Highway Administration, Washi~ The document can be accessed on-line at http://www.fhwa.dot.gov/ohim/hs00/. Tindale-Oliver & Associates, Inc. September 4-32_.Q0, 2002 (rev. A) Collier County 2002 Tra~ 8 Impact Fee U gton,&_C. I~ r~..~, Study 112' ~,. performed and, based on this review, it is recommended that the 13-percent factor be utilized. While current programming by the State for 1-75 improvements is just over $81 million, the credit created by the 13 13-percent Interstate Reduction Factor is approximately $120 million higher. Avoidance of the disruption to the impact fee schedule if additional Interstate funding is accrued over the next 25 years and consistency with the County's omission of 1-75 from its capacity analyses are key factors in recommending continuation of the 13-percent Interstate Reduction Factor. This 3.0 PROPOSED FEE SCHEDULES The full impact fee schedule should be adopted: but the utilities___g relocation costs should not be included in the impact fee collections until the Utilities has upd'.'.ted their imp&ct fees have been updated to exclude these costs. The following information illustrates the impact fee schedule on a mid-size, single family home. Option 1. Charge the full fee. 2. Reduce the fee by the utilities relocation costs until these costs are removed from Public Utility fees. Fee $5,113 $4,629 The tables for the complete impact fee schedules are included in Appendix Gl:. ANNUAL INDEXING OF FEE COMPONENTS The impact fee currently is reviewed every three years with no adjustment to the fee schedule during this time period. Individual studies for a specific land use are allowed in the ordinance; however, annual overall adjustments are not presently included in the current ordinance. This creates the situation where major adjustments are likely to be required during updates due to the time between the adjustments. The most volatile component in recent years is the cost of land and this factor creates the potential for major changes in the fee schedule if three years are allowed to pass before the fee schedule is Collier County 2002 Transpor Impact Fee Update Tindale-Oliver & Associates, Inc. September -1-320, 2002 (rev. A) tudy l- ,1 5 updated with new costs. These major adjustments also create major concerns in the development community. It is recommended that the current ordinance be amended to allow annual adjustments to specific costs variables. The cost variables being recommended for annual adjustment are construction costs;, Construction, Engineering, and Inspection (CEI) costs:_~ and Right-of- Way costs. First, the construction and CEI costs should be indexed a fixed amount each year based on the inflation rate table on page B._:-10 of Appendix B_A to account for general increases in the Consumer Price Index (CPI) each year (i.e., an inflation-measuring index). Similarly, the land value component of Right-of-Way costs should be indexed based on the annual percentage increase in total just values without new construction for all property as updated annually by the County Property Appraiser, but capped at 25% in any given year. This indexing should not be applied for more than two-3 consecutive years-, with a full evaluation of the impact fee calculation no later than three years from adoption of the fee as provided for in the Consolidated Impact Fees Ordinance. If the indexes described previously are applied to Rfight-of-W___~ay ,,vit~ (in this example_. I assume that a 10 percent~ increase in property values is indicated bvf:'zm the County Property Appraiser) and the two administrative-related components are multiplied by an inflation factor of 1.033, only a 6.997.8.5 percent increase in the total Right-of-Way cost I value (assuming 60 percent condemnation) would be realized when applied in the impact I fee equation. Although the significant portion of the indicated Right-of-Way cost equation is the land value component, which is indexed by 10 percent in this example, the administrative component remains relatively fixed and, given its much lower index, its comparative stability mitigates the impact of the land value index. Regardless of what values are ultimately utilized, by allowing an annual index for these components with a maximum cap value, the County can reduce the impact of major updates every three years and still create stability in the fee with the restriction of a "Maximum Index." In addition, if the Maximum Index creates a problem by significantly underestimating the fee, nothing in the Ordinance would prevent the County from completing a major update earlier than three3 years if circumstance warranted. Tindale-Oliver & Associates, Inc. September 4--32_.Q,0 2002 (rev. A) 10 Collier County 2002 Transp~ti~T 0 8 2002 Impact Fee UpdatlStudy I . · / I'-/' IMPACT FEE REVENUE PROJECTIONS From 1994 to 1998, Collier County has averaged $5.2 million per year in roadway impact fee revenues. From 1999 to 2001, the County averaged $14.2 million per year in roadway impact fees. During the individual year 2001, $17.7 million was collected in total impact fees. The recommended impact fee updates will more than double the current impact fees and generate approximately $750 million i_on revenues over the next 25 years. As such, the following provides the current estimate of revenues to fund the County Long Range Plan. Funding Source County Gas Tax Program Additional Bond Funds Impact Fee Revenues State Gas Tax Total Estimated Revenues 25-Year Revenue Estimate $416 Million $257 Million $750 Million $I 16 Million $1,539 Million The total estimated revenues are over $1.5 billion. The total estimated revenue to fund the current work program and the Long Range Needs Plan is $1.7 billion dollars. The overall program is close to meeting the funds required to construct the Needs Plan (i.e., about a $161 million shortfall). The increase in_E_impact fees, along with the decision to bond with ad valorem payback and to extend the five~ cents of the _Llocal Ooption G__,gas T~ax to 20203. provides a long-term outlook substantially different than the recent projection of a $653 million dollar shortfall in funding the Needs Plan. With the recommended adjustment to the impact fee program~ combined with the substantial new commitment of the bond program: a defensible impact fee program can move forward and assist in achieving a quality roadway network for this community. Tindale-Oliver & Associates, Inc. September 4-320, 2002 (rev. A) 11 Collier County 2002 Trar Impact Fee Up~ OCT 0 8 200;) 5 port,ion ate StUdy r - APPENDIX A Analysis of the Travel Behavior of Low-lncome Households A-I OCT 0 8 ;. Anah, sis of the Travel Behavior of Low-Income Households Because of concern that the existino_ trip rates for the smallest Sinele Family (Detached) subcategor~,, (i.e.. Less titan 1.500 s.f.} may not be representative of income-restricted households, an analysis was completed on the travel behavior of lower income households. This analysis utilized dala from the 1995 Nationwide Personal Transportation Study (NPTS) and the 1999 American Housing Survey (AHS) to examine the overall trip-making characteristics of low-income households in the United States. Table A-I presents the existin,2 trip characteristics being utilized in the current impact tee schedule for the three Sino. qle Family (Detached} subcategories and the Mobile Home Park land use category. In various meetint~s and discussions dunn~ the course of the Update Study. concern was raised that there are lower-income families in Collier Count,.' residine in housing units of less than 1.500 square feet whose travel demand may more closely approximate that of tile Mobile Home Park residents. To address this concern, tile NPTS database was used to assess average annual household vehicle miles of travel (VMT) for various annual household income levels. In addition, the 1999 American Housin~ Survey (AHS) database x~'as used to c,~n~are median annual family/household incomes with housine unit size. The results of the analyses of these lxxo sources are included in Tables A-2 and A-3. First, the data shown in Table A-3 indicate that the median income in the U.S. for families/ households living in housine uni't, smaller than 1.500 square feet in size ($29,816) is most similar to the median income for mobile home residents ($25,280), and is significantly lower than even the overall median income for the U.S. ($42,184). Then, in Table A-2. annual average household VMT was calculated from the NPTS database for a number of different income levels and ranges related to the AHS income data and Collier County SHIP definitions for low income (<$54,400) and very low income (<$34,900} households, as shown in Table A4. The annual income ranges that were analyzed include less than $55.000. less than $35,000. less than $30,000, and less than $15,000. In addition, two individual levels {median of $7.500 and median of $1.5,000) were examined since it is believed that the VMT for these two median figures would be more representative of the overall averao_e travel characteristics of the less-than-S30.000 and the less-than-S15.000 income categories. A-I The results of lhese analyses indicate that the most logical income-restricted category to utilize in conjunction with thc smallest Sinele Family (Detached) housine unit size is thc less-than-S30.000 seement. In order to calculate a correspondine trip rate for this new subcateeory, however, it was necessary to rely on comparative ratios. First. it was determined that the average annual household VMT for the median income level of the less-than-S30.000 segment is 12,588 miles. This ileum was then compared to the overall average VMT in the U.S. (21.577 miles) to derive a ratio of 0.58. Next, this ratio was applied to the daily VMT for the average Single Family (Detached) housine unit size (i.e.. 1.500 to 2.499 s.f.) to generate a daily VMT of 24.15 for the new subcategorv, as shown in Table A-5. This daily VMT figure was then divided by the assessable trip length of 5.50 miles to obtain a typical trip rate of 4.39 trips per day. ~ It should be noted thru a second income-restricted subcategor',' was derived tot' the Single Family (Detached) residential land usc category, as well: Less than 1.500 s.f. and Annual Household Income less than $15.000. Thc travel rate calculations l~r this subcate~orv are the same as that described previously for the other new subcategorv. The calculated daily trip rate for iris subcateoorv is 2.50 trips. Then. these tv,'o trip rates were placed in the impact fee schedule to o_enerate a net impact tee value for thc new "income-restricted" subcatceorics. Table A-6 is a Collier County Transpo;tation Impact Fee Schedule similar to those presented in Appendix G (with utilities relocation costs included). This table, however, includes the two new Sintzle Family (Detached} subcateo_ones. As shown in the table, the net impact tee for a typical housirtg unit of less than 1.500 square feet is $3.835. Comparatively, when the income- restrictions are in place for a housin~ unit of this same size. the net impact fee drops to $2,966 lk)r households with a total annual income of less than $30,000, and to $1,687 for households with a total annual income of less than $15,000, Finally, it was determined from discussions with Collier County housing staff that the two values being utilized to describe the two next' subcateeories con'esponded extremely well with two of the measures that are currently beine used in the SHIP Program: 50 percent of the county median annual household income and the poverty level. Currently. the m'ea's median annual household income is $69,800 for a family of four (2002). According to ] Assessable trip leneth is assumed m remain constant at 5.50 miles since the NPTS data show that lo,,' .... I . income households have similar average trip leneth characteristics (8.21 miles versus an overall U.S.I ' ~ ~ average of 9.12 miles) as other households; only aver;me daily trip rates nre significantly diflbrem. I ~ 0CT 0 8 Z00; A-~ recent Census data. average household size toT' Collier is about 2.4 persons: therefore, if a typical household size of 3 persons were assumed, then 50 percent of the median annual household income would be approximately $31.000. Further. the 2001 poverty level for a familv of three in the U.S. is $14.128. Since both of these values m'e very similar to those being recommended for the two new income-restricted subcategories, it is fm'ther recommended that the levels be modified to reflect the followine laneuage: (1) Less than 1.500 s.f. and Total Annual Household Income less than or equal to 50 percent of the Collier Count,,' median annual household income, and (2) Less than 1.500 s.f. and Total Annual Household Income at or below the poverty level. With this language in place, it will be possible to automatically update the prooJam-required income levels given the prevailino_ economic conditions in anx,, given year. A-3 OCT 0 8 2002 Information Used to Develop Income-Restricted Single Family (Detached) Subcategories Table A-1 Current Values Single Family (Detached) Less than 1,500 sf Mean ---> 1,500 to 2,499 sf 2,500 sf or larger Trip Rate Assessable Daily Ratio Trip Length VMT to Mean 5.68 5.50 31.24 0.75 7.57 5.50 41.64 1.00 8.93 5.50 49.12 1.18 Mobile Home Park 4.81 3.80 ~ource: Current Collier County Impact Fee Schedule, Tra~tien Impact Fee Ordinance. 18.28 0.44 Table A-2 1995 NPTS Travel Data by Annual Annual HH Income (US) VMT/HH Days Median of $7,500 7,141 365 Less than $15,000 9,121 365 Median of $15,000 12,588 365 Less than $30,000 14,709 365 Less than $35,000 15,889 365 Less than $55,000 18,984 365 Mean---> Total 21,577 365 $30,000 or more 27,320 365 $35,000 or more 27,659 365 $55,000 or more 29,689 365 Daily Ratio VMT to Mean 19.56 0.33 24.99 0.42 34.49 0.58 40.30 0.68 43.53 0.74 52.01 0.88 59.12 1.00 74.85 1.27 75.78 1.28 81.34 1.38 Source: 1995 Nationwide Personal Transportation Survey Database, Federal Highway Administration. Table A-3 Table A-4 1999 AHS Median Income Data by Housing Unit Size (US) Mobile Homes Less than 1,500 sf 1,500 to 1,999 sf 1,500 to 2,499 sf 2,000 to 2,499 sf 2,500 sf or more Total Annual Income $25,280 $29,816 $47,354 $51,166 $56,878 $68,550 $42,184 ~ource: American Collier County SHIP Definitions: Low income ---> Less than $54,400 Very Iow income ---> Less than $34,900 Housing Surey for the United States in 1999, U.S. Census Bureau, Table 2-18. Table A-5 Alternative Fee Schedule Single Family (Detached) < 1,500 sf and < $15k < 1,500 sf and < $30k Less than 1,500 sf Mean ---> 1,500 to 2,499 sf 2,500 sf or larger Trip Rate 2.50 4.39 5.68 7.57 8.93 Mobile Home Park 4.81 Assessable Trip Length 5.50 5.50 5.50 5.50 5.50 3.80 DVMT 13.74 .. 24.15 31.24 41.64 49.12 18.28 Ratio to Mean '0.33 0.58 0.75 1.00 1.18 0.44 OCT u 8 2[ B. Right of Way Costs Right-of-way acquisition projects vary widely from project to project, based upon the width of the existing and proposed rights-of-way, the highest and best use of the impacted properties, the improvements impacted by the project, the damages occurring to the remaining properties, or the number of parcels to be acquired. To account for these variances in the development of a one-size-fits-all road impact fee, one would prefer to examine the right-of-way costs from as many projects as possible, in the hope that the average cost of all past projects would be representative of the costs one would expect on future projects. Because of the rapid escalation in land values here in Collier County, the appraised values of the right-of-way purchased for past projects must be brought up to date in order to be of use as an indicator of current costs. For an indication of the increase in property values over time, the Property Appraiser's published total assessed values for each year were used to develop an annual "inflation factor." This percentage increase over time was then applied to the appraised values of past piojects. These updated project costs were then assembled with current project costs in order to create the largest database of fight-of-way cost data possible from which reasonable accurate projections of future costs could be made. In addition, the "cost of acquisition" was added to the appraised values. These costs include the appraisal fees and title expenses incurred by the County, as well as the property owners' attorney fees and expert witness fees, and court costs, which the County is obliged to pay by law. And finally, the appraised values were adjusted by the average percentage increase of both negotiated (in-house) settlements with property owners, as well as the average percentage increase of litigated settlements (right-of-way that was acquired through eminent domain.) The total fight-of-way cost for all projects was then divided by the total number of lane miles of roadway built on all of those same projects, and an average cost-per-lane-mile for right-of- way acquisition emerged. The average cost of fight-of-way per lane mile calculates to $1,258,977. (The actual cost data is set forth in a narrative analysis and in a series of spreadsheets.) C. Utility Costs (Relocates) The cost of utility relocations was estimated by County Staff for the same projects considered for design costs. The relocates are for only county owned facilities. Any costs associated with upsizing improvements are paid for through funding separate from impact fees. The estimates were prepared by evaluating the necessary relocations from the plans and applying costs history from recent construction. The relocations are anticipated as the result of the design/construction of the capacity improvement. The estimates are summarized ~, and the resulting average cost per additional lane mile is $232,261. No.t/' ~'"D-. 0CT 0 8 2002 A-5 ~A~A '_rr~ 13CT 0 8 A-6 D. Construction attd CEI Costs The current costs for construction and CEI (Construction Engineering and Inspection) were derived from projects that are presently under construction or have been recently completed. The bid summaries and costs related to changes made during construction were provided by the County for seven roadway capacity improvement projects. The bid tabulations were reviewed to remove any costs for utilities in the contract. Utility relocations are covered in the previous section and utility improvements are paid for from another funding source. The list provides costs for construction and CEI services for the following projects: Project Number 63041 62031 60061 60071 60111 69101 65031 Project Name Golden Gate Boulevard Airport-Pulling Road Livingston Road Livingston Road Pine Ridge Road Immokalee Road Radio Road at Davis Limits CR 951 to Wilson Road Pine Ridge Road to Vanderbilt Beach Road Radio Road to Golden Gate Parkway Golden Gate Parkway to Pine Ridge Road CR 31 to Logan Boulevard 1-75 to CR 951 Intersection Improvement Boulevard The project descriptions and co~ are summarized in Table 3 along with the cost per additional lane mile. The last project (#65031) is for an intersection improvement and was not considered representative of the other projects. Therefore, it was not included in the averaging. The average construction and CEI costs per additional lane mile for these projects is $1,420,228. E. Mitigation Costs In recent years the mitigation of impacts to wetlands and flood plains has been required for major projects. The construction of mitigation areas required by permits are also a cost to be considered in impact fees. The cost for mitigation on recent and soon to construct projects are summarized in Table 4. The costs shown for the first four projects in the table are estimates prepared by county staff from the review of the plans for the projects and current costs of construction. The costs for the second four projects are actual costs to construct on the projects. The average cost of mitigation per additional lane mile is $42, 884. A-7 OCT 0 8 2002 ,.. Table A-6 COLLIER COUNTY TRANSPORTATiON IMPACT FEE SCHEDULE Impact fee with Utilities Relocation Costs Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: ######### $$ per gallon to capital: $0.243 Capacity per lane: 8,685 Interstate Mileage %: 13% Facility life (years): 25 Fuel Efficiency: 17.6 mpg Across-the-Board Adjustment: 0% Interest rate: 6.0<'/,, Effective days per year: 365 V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Trip Tdp Trip New Impact Gas Tax Impact LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee RESIDENTIAL: 210! Single Family (Detached) Less than 1,500 s.f. & Annual Hh Income less than or equal to du 2.50 5.50 5.98 100% $2,169 $38 $481 $1,687 poverb/level Less than 1,500 s.f. & Annual Hh Income less than or equal Io 50% o~ du 4.39 5.50 5.98 100% $3,811 $66 $846 $2,966 Cotlier Co. median annual Hh income Less than 1,500 s.f. du 5.68 5.50 5.98 100% $4,929 $86 $1,094 $3,835 1,500 to 2,499 s.f. du 7.57 5.50 5.98 100% $6,571 $114 $1,458 $5,113 2,500 s.f or larger du 8.93 5.50 5.98 100% $7,754 $135 $1,721 $6,034 221 Multi-Family 1-2 stories du 6.59 4.70 5.18 100% $4,889 $86 $1,100 $3,789 220 Multi-Family 3-9 stodes du 6.63 4.70 5.18 100% $4,918 $87 $1,106 $3,812 222 MF 10 stodes and up du 4.20 4.70 5.18 100% $3,116 $55 $701 $2,415 240 Mobite Home Park du 4.81 3.80 4.28 100% $2,885 $52 $663 $2,222 252 Assisted Living Facility (ALF) du 2.15 3.00 3.48 72% $729 $13 $173 $556 250 Retirement Community du 5.36 3.30 3.78 100% $2,792 $51 $653 $2,139 230 Condominium/Townhouse du 5.86 4.45 4.93 100% $4,116 $73 $931 $3,185 232 High-Rise Condominium du 4.18 4.45 4.93 100% $2,936 $52 $664 $2,272 LODGING: 310 Hotel room 8.23 5.55 6.03 66% $4,758 $83 $1,055 $3,703 330 Resat Hotel room 5.90 5.40 5.88 83% $4,189 $73 $931 $3,258 320 Motel room 5.63 3.60 4.08 77% $2,450 $44 $567 $1,884 416 RV Park mh site 3.90 4.70 5.18 100% $2,893 $51 $651 $2,242 RECREATION: 4201Marina 430 IG°lf Course 443JMovie Theaters berth 2.96 5.00 5.48 100% $2,336 $41 $522 $1,813 18holes 643 32 4.20 4.68 100% $426,453 $7,586 $96,978 $329,475 screen 109197 2.26 2.74 76% $29,930 $579 $7,405 $22,524 INSTITUTIONS: 610 Hospital 1,000 sf 16.78 5.00 5.48 77% $10,196 $178 $2,281 $7,916 620 Nursing Home bed 2.61 2.60 3.08 89% $953 $18 $230 $723 520 Eiementa~/School student 1.02 4.50 4.98 80% $580 $10 $131 $449 522 Middle School student 1.45 4.50 4.98 85% $875 $15 $198 $878 530 High School student 1.79 4.50 4.98 90% $1,144 $20 $258 $886 540 Junior/Cornn~nity Colte0e student 1.54 4.50 4.98 95% $1,039 $18 $235 $804 550 Un' _.n~ student 2.38 4.50 4.98 95% $1,606 $28 $363 $1,243 560' Church 1,000 sf 9.11 4.50 5.08 90% $5,953 $105 $1,342 $4,611 565! De)/Care student 4.52 1.30 1.78 73% $679 $15 $190 $489 OFFICE: 710150,000 sf o~ less 710150,001.100,000 sf 7101100,001-200,000 sf 7101200,001-400,000 sf 71019rearer than 400,000 sf 7201 Medical Office 1,000sf 15.59 4.70 5.18 93~o 1510,718 $189 152,411 $8,307I 1,000sf 13.27 4.70 I 5.18 I 93'/o 1$9,126 I S161 I52,053 $7,073I 1,000sf 11.3014.70 I 5.18 I 93~ J$7,770 I $137 151,748 $6,023I 1,000sfl 9.82 t 4.70 I 5.18 I 93' o 156,61615116 1$ ,488 155,12 I 1,000 sf I 8.76 J 4.70 I 5.18 I 93% I $5,022 I $106 / $1,355 ! ¢_~.~'_ _~ ,-, ~,, 1,ooosfJ~.~314.15 I4.63 184% 1519,831 15353 I $4,515 is15.31e ' Soume: Tindale-Oliver and Associates, Inc. Table A'6 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE Impact fee with Utilities Relocation Costs Fee Schedule Assumptions: ,. - Gasoline Tax: Unit Construction Cost: ######### $$ per gallon to capital: $0.243 Capacity per lane: 8,685 Interstate Mileage %: 13% Facility life (years): 25 Fuel Efficiency: 17.6 mpg Across-the-Board Adjustment: 0% Interest rate: 6.0% Effective days per year: 365 V:C ratio management factor: 100%, Assessable Total Percent Total Annual Gas Net ITE Trip Trip Trip New Impact Gas Tax Impact LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee 814 iSpecialty Retail 1,000 sf 45.90 2.93 3.41 80% $16,981 $316 $4,033 $12,948 820 ~ess than 50,000 sfgla 1,000 sf 87.31 1.50 1.98 48% $9,921 $209 $2,673 $7,249 820 50,001-100,000 slgla 1,000 sf 68.17 1.90 2.38 54% $11,039 $221 $2,822 $8,217 820 100,001-150,000 sfgta 1,000 sf 58.98 2.10 2.58 57% $11,143 $219 $2,794 $8,349 820 150,001-200,000 sfgla 1,000 sf 53.22 2.30 2.78 59% $11,399 $220 $2,812 $8,587 820 200,001-400,000 sf~la 1,000 sf 41.56 2.90 3.38 66% $12,554 $234 $2,986 $9,568 820 400,001-600,000 sfgla 1,000 sf 35.96 3.30 3.78 70% $13,109 $240 $3,065 $10,045 820 600,001-1,000,000 sfgla 1,000 sf 29.96 3.80 4.28 76% $13,657 $246 $3,139 $10,518 820 greater than 1,000,000 sfgla 1,000 sf 28.07 3.90 4.38 80% $13,825 $248 $3,169 $10,656 ~0/881; Pharmacy/Drug Store w/D~ive-Thru 1,0(30 sf 90.58 1.90 2.38 38% $10,322 $206 $2,639 $7,683 862 Home Improvement Superstore 1,000 sf 35.05 4.29 4.77 50% $11,866 $211 $2,693 $9,174 831 Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $26,236 $503 $6,425 $19,811 832 High-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $30,195 $595 $7,605 $22,590 834 Fast Food Rest w/Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $63,363 $1,369 $17,495 $45,868 844 Gasoline Station veh fuel pos 168.56 1.20 1.68 23% $7,343 $164 $2,098 $5,245 837 Quick Lube bays 42.54 2.68 3.16 71% $12,776 $240 $3,074 $9,701 850 Supen'narket 1,000 sf 111.51 1.90 2.38 38% $12,707 $254 $3,248 $9,459 851 Convenience Store 1,000 sf 737.99 0.80 1.28 41% $38,205 $976 $12,475 $25,730 853 Convenience Store with Gas Pumps veh fuel pos 542.60 0.90 1.38 29% $22,352 $547 $6,995 $15,357 n/a Conv'ce/Gasoline/Fast Food Store 1,000 sf 867.30 1.00 2.9 30% $40,656 $1,882 $24,062 $16,594 840 Auto Repair or Body Shop 1 ,Q00 sf 37.60 2.90 3.38 72% $t2,391 $231 $2,947 $9,444 849 Tire Store bays 30.55 2.68 3.16 71% $9,136 $172 $2,198 $6,938 841 ~iew/Used Auto Sales 1,000 sf 37.50 4.70 5.18 79% $21,976 $387 $4,943 $17,033 847 ~.Jf.S~ C~ Wa~ bay 108.00 2.40 2.88 69% $28,228 $541 $6,913 $21,315 911 Bank/Savings Walk-in 1,000 sf 156.48 1.70 2.18 46% $19,313 $395 $5,054 $14,259 912 Bank/Savings Drive-in 1,000 sf 265.21 1.70 2.18 46% $32,378 $663 $8,473 $23,904 INDUSTRY: 101Generallndustrial I 000 sf 6.97 6.00 I 6.48 93% $6,138 $106 $1,353 $4,786 I 77'01Business Park(Flex-space) 1 000 sf 20.97 4.42 I 4.90 82% I $11,937 I $211 I $2,701 I $9,237 I 1511Mini'Wareh°use 1,000sf 2.50 4.30 I 4.78 91% I $1,544 I $27 I $350 $1,194 I ,~: 't'lm:lale-Oliver and Associates, Inc. AGEhJ~A ITEM OCT 0 2002 p~. 9/30/2002 III. RECOMMENDATIONS A. Cost Per Additional Lane Mile The evaluation to develop current costs per additional lane mile to provide capacity improvements is summarized as follows. Cost per additional lane mile Design $ 205,825 Right of Way $1,250,000 Utilities $ 232,261 Construction and CEI $1,420,228 Mitigation $ 42,884 TOTAL $3,151,198 B. Inflation Rates The construction costs/rates used in this process are derived from 2001/2002 data. The following inflationary rates are utilized by the FDOT for programming costs for projects in the respective years. The data is from the most recent report on the FDOT price trends index prepared by the FDOT, Office of Planning. The rates are recommended for consideration by the county to estimate costs in subsequent years. Year Rate Compounded Year Rate Compounded 2003 3.6 1.036 2011 3.3 1.346 2004 3.5 1.072 2012 3.3 1.390 2005 3.3 1.108 2013 3.3 1.436 2006 3.3 1.114 2014 3.3 1.483 2007 3.3 1.182 2015 3.3 1.532 2008 3.3 1.221 2016 3.3 1.583 2009 3.3 1.261 2017 3.3 1.635 2010 3.3 1.303 2018 3.3 1.689 The cost of right-of-way and mitigation is still evolving as current projects are being implemented. As it was mentioned in the right-of-way section, the right-of-way cost estimates should be updated next year when more complete project data is available. If sufficient additional negotiated settlements across a number of different corridors are not available, then the percent change in Just Values from the Property Appraiser should be used along with the construction inflation rates to update the impact fees for next year. Special attention also needs to be given in future updates to any change in rates required for mitigation. ~Ux- A-lO OCT 0 8 2002 APPENDIX Evaluation and Update of Unit Costs for Impact Assessment OCT 0 8 2.002 TECHNICAL MEMORANDUM EVALUATION AND UPDATE OF UNIT COSTS FOR IMPACT ASSESSMENT COLLIER COUNTY, FLORIDA JULY 24, 2002 REVISED SEPTEMBER 11, 2002 -AB_B_- 1 OCT 0 8 ~. ~' '~' I TABLE OF CONTENTS III. INTRODUCTION ............................................................................................................... 3 CURRENT COST EVALUATION .................................................................................... 3 A. Design Related Costs .................................................................................................. 3 B. Right of WayCosts ..................................................................................................... 5 C. Utility Costs (Relocates) ............................................................................................. 5 D Construction and CEI Costs ........................................................................................ 7 E Mitigation Costs .......................................................................................................... 7 RECOMMENDATIONS ................................................................................................. 10 A Cost Per Additional Lane Mile .................................................................................. 10 B Inflation Rates ........................................................................................................... 10 AB_-2 OCT 0 8 2.002 I. INTRODUCTION The decisions concerning transportation policies require accurate information. This report provides an evaluation of current cost data to be used in updating impact fees for roadway capacity improvements in Collier County, Florida. The purpose of this report is to identify and provide the supporting cost data for providing roadway improvements. The intent is to base the update of costs for establishing impact fees on recent actual costs or estimate the costs using current data. The costs to provide roadway improvements are derived from five (5) phases of project development and implementation. The first phase is the design, which includes the preparation of plans and bidding documents. The second phase is the acquisition of additional fight--of-way required by the design. The third phase is the relocation of the u~lities that would be in conflict with the design. The fourth phase is the construction and the engineering and inspection dunng the completion of the construction. The fifth phase is the cost of mitigation required by the projects. The costs associated with each phase were evaluated to develop an average cost per additional lane mile. The sum total of all phases provides the cost per additional lane mile, which is to be utilized in the formula to determine impact fees. II, CURRENT COST EVALUATION A. Design Related Costs The design cost for a roadway improvement includes the costs for engineering, surveying, preparation of plans and bid documents and obtaining all related permits. Design costs were based on an evaluation of actual fees of design projects to be let by the County in Fiscal years 2002 and 2003. The designs of these projects are approaching completion and are representative of current costs for these services. Table 1 summarizes the information obtained from county records for each project. The cost per additional lane mile is determined for each project. In reviewing the costs per additional lane mile projects 60027 and 60071 are significantly higher and lower than the other projects. Therefore they were removed from consideration in the evaluation. The average design costs for the remaining projects is $205,825 per additional lane mile. AB_B_-3 OCT 0 2002 - AGENDA OCT 0 I~ ~.,,,,Z ,2. m Z I .< ,..,~ Z~. Z Imm · - E ~ o-O'o -o ~ = ~> -~=.~ ~ ~ ~ z ~ ' · ~ ~_ ~o._~ = . ~ ~g= .... ~'~=~.~.~ o ~ ~ ~ ~ 0 ~ ~ ~ ~ ~0 ~ o ~ ~ g ~ ~=~ ~.~ ~ ~ ~ 0 ~ < ~D ~--~ ~ _ '~ ~ .. ~! = -- m ~ ~ ~ 0 u~ ~DO e~c o~ e~ o ~ . ~ ~ ~ o . . ~ 0 ~ ~ -- ~ o = o O~T 0 8 2002 Z© I ~ OCT 0 Iii -,,,,/- APPENDIX C...B Right-of-Way Cost Analysis for Impact Fee Assessment OCT 0 8 2002 RIGHT-OF-WAY COST ANALYSIS FOR IMPACT FEE DEVELOPMENT This analysis develops an estimate of the total cost of right-of-way acquisition in Collier County based upon current market value appraisals and projections of final settlement costs based upon quantified, historical settlement data. The following pages describe the "vital statistics" of the most current right-of-way acquisition projects, including the estimates of market value for the property being acquired (including all improvements in the "take" area, as well as all severance damages to the remaining lands). After presenting the factual data relative to all of the active and current projects, the analysis focuses on the creation of a hypothetical "typical" right-of-way project, and attempts to estimate the total cost of that typical project, once all of the condemnation lawsuits have been settled (in the future). This is done by examining the historical settlements (both negotiated settlements and litigated settlements) on all Collier County right-of-way acquisition projects over the past five (5) years, and applying these historical data to estimate the most probable cost of the "typical" right-of-way acquisition project found in the County's typical five-year work program. OCT 0 8 RIGHT-OF-WAY COST ANALYSIS FOR IMPACT FEE DEVELOPMENT (AN EXPLORATION OF ACTUAL COSTS INCURRED ON RECENT PROJECTS WITH BACK-UP DOCUMENTATION) OVERVIEW - THE HYPOTHETICAL "TYPICAL" RIGHT-OF-WAY PROJECT: While it must be acknowledged that no two right-of-way projects are alike, for the purposes of developing the right-of-way cost component of the road impact fee, we must attempt to formulate a hypothetical "typical" right-of-way project. In order to do this, we have selected the seven (7) current and active projects as being representative of the types of projects required due to growth. The basic characteristics of these projects (length, number of ownerships and parcels) have been AVERAGED in order to create this hypothetical "typical" right-of-way project. The following are the most active and current right-of-way projects. Project details (the characteristics mentioned above) are listed for each project. Right-of-Way Corridor Length for each project is the actual length of new road construction. ACTIVE / CURRENT PRO~JECT DETAILS (Active projects on which appraisals have been completed.) Livingston Road Phase 3 - Project No. 62071 (from north of Pine Ridge Road to Vanderbilt Beach Road): R/W corridor is approximately 1.8 miles in length. Involves the acquisition of 33 R/W parcels from 16 land owners · Total Appraised Values are $2,824,680 Goodlette-Frank Road - Project No. 60134 (from Pine Ridge Road to Vanderbilt Beach Road): · R/W corridor is approximately 2.2 miles in length. · Involves the acquisition of 57 R/W parcels from 22 land owners · Total Appraised Values are $2,976,210 hnmokalee Road Phase 1 & 2 - Project No. 60018 (from CR-951 to 43ra Street NE): · R/W corridor is approximately 7.9 miles in length. · Involves the acquisition of 147 R/W parcels from 116 land owners · Total Appraised Values are $6,693,720 ADDITIONAL ACTIVE PROJECT PARCEL COUNTS (Active projects for which appraisals have not yet been completed): Golden Gate Parkway - Project No. 60027 (from 70th Street SW to Santa Barbara Blvd., LESS the FDOT 1-75 interchange project) · R/W corridor is approximately 0.9 miles in length. · Involves the acquisition of 86 R/W parcels from 69 land owners Santa Barbara Boulevard - Project No. 62081 (from Radio Road to north of Pine Ridge Road): · R/W corridor is approximately 5.3 miles in length. · Involves the acquisition of 142 R/W parcels from 140 land owners OCT i0 8 2002 Immokalee Road - Project No. 66042 (from U.S. 41 to 1-75): · R/W corridor is approximately 3.5 miles in length. Involves the acquisition of 72 R/W parcels from 48 land owners Vanderbilt Beach Road - Project No. 63051 (from Airport Road to CR-951) · R/W corridor is approximately 5.1 miles in length. · Involves the acquisition of 121 R/W parcels from 115 land owners OWNERSHIPS AND PARCELS PER PROJECT - A STATISTICAL SUMMARY: All seven projects total 26.7 miles of right-of-way, requiring 655 parcels, spread across 525 ownerships (75 ownerships per project). The three active and current projects constitute a total of 11.9 miles, requiring 237 parcels, spread across 154 ownerships. CURRENT RIGHT-OF-WAY VALUES (BASED UPON COMPLETED APPRAISALS): As presented under the Active/Current Project Details, the three current projects for which appraisals have been completed are Goodlette-Frank Road (from Pine Ridge Road to Vanderbilt Beach Road), Livingston Road Phase 3 (from Pine Ridge Road to Vanderbilt Beach Road) and Immokalee Road (from CR-951 to 43rd Street NE). While we have only three projects with current market value appraisals, these projects are representative of the range of land uses and zoning found on most projects. Most of the right-of-way being acquired for the Goodlette-Frank Road project is commercial in nature; most of the right-of-way being acquired for the Livingston Road project is residential in nature; and the Immokalee Road project covers a wide variety of land uses from commercial to residential to rural/agricultural. The total appraised values for all of the right-of-way required for these 3 projects amounts to $12,494,610. I 0CT082002 J HISTORICAL CONDEMNATION & ADMINISTRATIVE SETTLEMENT RATE DATA: (Purchases and Final Judgments above appraised value -Expressed in percentages.) Litigated Settlement Data: Every fight-of-way settlement by Final Judgment, approved by the Board of County Commissioners, for the past five (5) year period, was examined. A total of 86 Stipulated and/or Mediated Final Judgments were compared against the appraised values as deposited into the court registry. The appraised values ranged from $500 to $1,078,833. The Final Judgment amounts ranged from $500 to $2,175,000. The data is attached hereto as documentation. The total appraised value of the above-referenced properties acquired through Final Judgment was $3,883,245. The total amount of the Final Judgments was $6,086,313, or 57% above the total of ali the appraised values. The AVERAGE percentage increase above appraised value was 102%. Negotiated Settlement Data: By way of comparison, the administrative settlement rate (negotiated by staff) on all projects for which right-of-way has been purchased over the past five (5) years was examined. A total of 298 closings and administrative settlements were negotiated outside the court system. The total appraised value of the fight-of-way acquired by settlement was $4,371,215. The total amount of all settlements, approved in lieu of condemnation, was $4,998,038, or 14% above the total of all the appraised values. NOTE: In more than half of the cases, the appraised value that was compared to both the litigated and the negotiated settlements (above) was the UPDATED appraisal.., so that the actual settlement was a substantially HIGHER per. enta~ ~ 0CT io 8 2002 gC_-5 above the original appraisal. (This is important to note, as the appraised values on the Airport Road, Livingston Road Phase 2, and Golden Gate Boulevard projects increased substantially [more than 20%] between the date of the initial appraisal and the updates. These increases were reflective of a rapidly escalating real estate market.) APPLICATION OF THE DATA TO ESTIMATE AVERAGE RIGHT-OF-WAY COSTS: As previously presented, the total appraised values of the three most recent and active/current projects is $12,494,610. Applying the settlement data to the current appraised values, one can easily project the total payments to property owners for the acquisition of the proposed right-of-way. An examination of the condemnation/negotiation ratio on the three active and current projects reveals that 102 out of 154 ownerships are being condemned. This translates into a condemnation/negotiation ratio of 66 percent. Using a conservative condemnation/negotiated settlement rate of 60 percent and 40 percent, respectively, we can e~',imate that total payments to owners for these three projects will be AT LEAST $17.467,464. This calculation is broken down as follows: Settlements through Condemnation (60%): 60% of $12,494,610 equals $7,496,766. Using the cumulative litigated settlement percentage (57%) over the not-yet-updated appraisal amounts will result in payments to owners through the courts of AT LEAST $11,769,922. Closings and Administrative Settlements (40%): 40% of $12,494,610 equals $4,997,844. Using the cumulative staff-negotiation settlement percentage (14%) over the not-yet-updated appraisal amounts will result in payments to owners through real estate closings of AT LEAST $5,697,542. Administrative Costs: Overhead costs are important to consider, as well. The total initial appraisal fees (including subcontractors to the appraiser) for the three active and current projects amounted to $422,000, or an average of $2,740 per ownership. Title commitmen~ (along with updates and policy premiums) currently cost the County an average of $475 per ownership, lust these basic unavoidable expenses amount to $3,215 per ownership interest. The most expensive PER-PARCEL costs, however, are those associated with condemnation of the required right-of-way. Under Florida Law, a condemning authority must pay for the property owner's attorney fees, and for the fees and costs of all the experts (real estate appraisers, engineers, land planners, architects, contractors, etc.) hired by the owner's attorney to defend the case. Unfortunately, the cost of attorneys' fees, and expert witness fees paid to the property owner's representatives has never been separately catalogued and tracked in Collier County through the creation of a parcel-by-parcel log into which the data can be entered. Attempts to retrieve the payment data from the Finance Department have failed, in pan, due to the multiple, overlapping object codes used to request checks for court deposits. For instance, the Finance and Accounting system has a separate object code for each of the following types of payments: "Legal Fees," "Engineering Fees," "Appraisal Fees," "Architectural Fees," "Other Professional Fees," and "Land." But they also have an object code labeled "Legal Settlements" which is also used for the payment of additional monies to property owners, and for the payment of all of the aforementioned professional service fees, as well. Another reason a search of the County's own records has not produced the complete picture of the costs associated with the condemnation of right-of-way is due to the fact that the awards for fees and costs are: (1) not always made in their entirety (nor at the same time and in the same judicial order as the Final Judgment); and (2) often lumped into a single check cut for deposit into the court registry which includes the payment to the property owner. We were able to obtain some per-ownership condemnation cost data from other counties, however, and it is reported here as an indication of the costs incurred by Collier as well. OCTI 0 B zOO2 Out of 26 ownerships Hillsborough County had to condemn during calendar year 2001, ranging in appraised value from $3,185 to $161,800, they spent $942,126 on property owner expert witness and attorney fees, and another $523,713 to cover the cost of the County's expert witnesses. Their average cost related to condeannatitm was $56,378 per ownership. Sarasota County reported that, for cost estimating purposes, they use a figure of $50,000 per condemnation, and Charlotte County reported that they use a factor of 10 percent of land costs when estimating their per-parcel expenditures related to condemnation. The Florida Department of Transportation also supplied us with their Condemnation expenses for each fiscal year dating back to 1993/1994. For the past five (5) years FDOT payments to property owners' attorneys, appraisers, and other experts have averaged $68,374 per ownership. This figure does NOT include the cost of the FDOT's own appraisers and other expert witnesses. Remaining on the conservative side, as with the estimate of the percentage of negotiated settlements and the estimate of the percentage increase above the appraised value, we will use $55,000 as the average cost to condemn each ownership. SUMMARY OF THE DATA (THE COST OF THE "TYPICAL" RIGHT-OF-WAY PROJECT): Using the project owner pay-out data from above, and the three active and current projects as being representative of the type of projects required to meet the demands of growth in Collier County, we can expect to spend $113,425 in land, improvements, and severance damages on each ownership. Using the indicated figure from the six projects for which we have accurate parcel and ownership counts, we can assume an average project will have 75 ownerships. At $113,425 per ownership, that brings the average cost of right-of-way to $8,506,875. To this figure must be added the overhead cost of $3,215 per ownership or $241,125 (75 times $3,215). OCT O B 2002 Finally, to these costs must be added the cost to condemn 60 percent of the ownerships. Sixty percent (60%) of 75 ownerships per project (average) equals 45 condemnations per project, for a total condenmafion cost-per-project of $2,475,000 (45 3 $55,000 per parcel). Mathematical application of the data available, and presented herewith, indicates that the average right-of-way acquisition project required to expand road network capacity and respond to the demands of growth is $11,223,000. Using the average right-of-way corridor length of the 7 projects referenced herein (3.81 miles per project), this translates into $2,945,669 per mile. Right-of-Way Project Status Reports for the 2002 Fiscal Year road projects are altached to this report in order to document actual appraised values of land both for new road construction (Livingston Road Phase 3), as well as for the expansion of existing roadway facilities (Goodlette-Frank Road and Immokalee Road). The dollar amounts in the "APPRSD VALUE," "AGRMT AMOUNT," and "FINAL JDGMT AMOUNT" columns include the market value of the land required for project construction, as well and improvements located thereon, and any severance damages to the remainder properties. OCT 0 8 2002 APPENDIX DC Florida Department of Transportation Work Program Capacity Improvements in Collier County, FY 2002/03 - 2006~07 The Value of a Penny in Collier County Executive Summary: Presentation and Approval of Transportation Financing Plan OCT 0 8 2002. .,o Florida Department of Transportation Work Program Capacity Improvements in Collier County, FY 2002/03 - 2006/07 According to the Florida Department of Transportation figures, Collier County has/will receive just over 80 percent return on its state and federal funding for the period from Fiscal Year 1997-98 to Fiscal Year 2006-07 when all expenditures and programming for highways and public transportation components (air, rail, transit, and ports) are compared to the Statutory Formula (50% population and 50% gas tax). Removing public transportation, resurfacing, landscaping, traffic operations, and all interstate funding, Collier County receives just over $4.6 million per year towards non-interstate highway capacity improvement funding from state and federal revenues, as follows, for the next five years: FDOT W.P. Capacity Improvements (Non-Interstate) FY 2002/03 > 2006-07 4051101 1954162 1954101 1954061 1954251 CR951 Immokalee Road to Bonita Beach Road SR84 Santa Barbara Blvd. To CR951 Marco Island Brid7~. Count.,,...~. to N/O CR887 US41 Lee .,r~ US 41 Barefoot Williams to SR951 PD&E FY07 $1.9m PE FY05 $1.1m ROW FY07 $8.8m PE FY03 $1.9m CST FY03 $4.7m CST FY05 $4.8m $ 23.2m $23.2m *5 yrs = $4.6m/yr non-interstate capacity improvement funding (State & Federal) GD-I OCT 0 8 2002 The Value of a Penny in Collier County Currently, in addition to the capital support that ultimately results from State Fuel Tax revenues, Collier County also receives financial benefit from several other fuel-related levies. These fuel taxes are listed below, along with a few pertinent characteristics of each. 1. Constitutional Fuel Tax (~lgallon) · Tax is on every net gallon of motor and diesel fuel sold within a county. · Proceeds used first to meet the debt service requirements, if any, on local bond issues for road/bridge purposes backed by the tax proceeds. · The balance (i.e., the 20 percent surplus and the 80 percent surplus) is credited to county's transportation trust fund. · The 80 percent surplus is for the construction or reconstruction of state roads and bridges within the county or for the lease/purchase of bridges connecting state highways within the county. · The 20 percent surplus can be used on roads and bridges within the county. 2. County Fuel Tax (lC/gallon) · Tax is on every net gallon of motor and diesel fuel sold within a county. · Primary purpose of these funds is to help reduce a county's reliance on ad valorem taxes. · Proceeds are to be used for transportation-related expenses, including the reduction of bond indebtedness incurred for transportation purposes. 3. 1~t Local Option Tax (1-6C/gallon) · Tax is on every net gallon of motor and diesel fuel sold within a county. · Proceeds may be used to fund transportation expenditures. · To accommodate statewide equalization, all 6 cents are automatically levied on diesel fuel in every county, regardless of whether a county is levying the tax on motor fuel at all or at the maximum rate. · Proceeds are distributed to a county and its municipalities according to distribution factors determined at the local level by interlocal agreement. 4. 2'~a Local Option Tax (1-5C/gallon) · Tax is on every net gallon of motor fuel sold within a county (diesel is not subject to levy). CD__-2 · Proceeds may be used for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted local government comprehensive plan. · Proceeds are distributed to a county and its municipalities according to distribution factors determined at the local level by interlocal agreement. 5. Ninth-Cent Fuel Tax (lC/gallon) · Tax is on every net gallon of motor and diesel fuel sold within a county. · Proceeds may be used to fund transportation expenditures. · To accommodate statewide equalization, this tax is automatically levied on diesel fuel in every county, regardless of whether a county is levying the tax on motor fuel at all. · Counties are not required to share the proceeds of this tax with their municipalities. Each year, the Florida Legislative Committee on Intergovernmental Relations (LCIR) produces a document, the Local Government Financial Information Handbook, which details the estimated local government revenues for the upcoming fiscal year. Included in this document are the estimated distributions of the various fuel tax revenues for each county in the state. Attached are four tables that utilize information from the LCIR for the 2000-01 and 2002-03 fiscal years. The 2000-01 data represent actual fuel tax distributions to Collier County and its municipalities for that particular fiscal year, while the 2002-03 data reflect estimates only. In the tables, the fuel tax revenue data are utilized to calculate the yalue per penny (per gallon of fuel) that should be used to estimate the "equivalent pennies" of other revenue sources, and the number of pennies that should be applied to the credit variable in the impact fee calculation. Tables DC--1 and DC--2 include the actual fuel tax distributions for Collier County during FY 2000-01. The difference between the two tables is the municipalities' shares of the two local option taxes for that year. In Table DC--l, the revenue that Naples, Marco Island, and Everglades receive from the first (19.91 percent) and second (20.49 percent) local option taxes are included in the total distribution. However, since all of these funds are used by the municipalities for maintenance and/or operations purposes, they should not be included with Collier's share of the revenue, which is all used for capital purposes, to calculate an average distribution per penny of fuel tax. Therefore, in Table D_C--2, only Collier County's revenue distribution is included and the tax rates for the two local option taxes have been adjusted to account for only that portion of the levy that accrues to the County for capital purposes. The adjustments to the per-gallon levies of the local option taxes were calculated as follows: GD-3 OCT 2002 1st Local Option Tax Local Option Tax $0.06/gal x 80.09% (Collier's share of distribution) = $0.04805/gal $0.05/gal x $0.03976/gal 79.51% (Collier's share of distribution) = Utilizing the resulting distribution per penny for each of the fuel levies, then, a weighted average for the value of a penny of fuel tax was calculated. A weighted procedure was used to calculate the mean to account for the varying levies per gallon of the fuel taxes. As shown in Table DC--2, the value per penny (per gallon of fuel) that should be used to calculate the equivalent pennies of other revenue sources is $1,221,125. Further, the resulting credit value for purposes of calculating an impact fee is $0.1278, or 12.78 pennies. Tables DG-3 and DC--4 complete identical calculations as those reflected in the first two tables; however, the fuel tax distribution data that are used are estimates for the 2002-03 fiscal year. Based on these data, the average value per penny is calculated to be $1,388,943. The impact fee calculation credit value remains the same at 12.78 pennies. The average of current and estimated 2002-03 fiscal year values is $1,300,000. It is used to calculate the pennies of gas tax equivalency for impact fee credits from the bond pro,am and the state gas tax. GD-4 OCI 0 8 20[ ~ o o OCT 0 EXECUTIVE SUMMARY PRESENTATION AND APPROVAL OF TRANSPORTATION FINANCING PLAN OBJECTIVE: Board approval of the Transportation financing plan developed as a follow-up to the December 18,2001 Transportation Annual Update and Inventory Report (AUIR) workshop. CONSIDERATIONS: On December 18, 2001 a workshop was conducted relative to the (AUIR) associated with the Collier County transportation component of the Growth Management Plan. During this workshop, four financing options for the five-year transportation program were presented to the Board of County Commissioners. None of the four funding options identified is an optimal means of funding transportation projects as each would require either increases in General Fund ad valorem taxes (by increasing the General Fund millage rate or by maintaining the existing General Fund millage rate with assumed increases in county-wide taxable value) and/or service level reductions. In addition, the options presented are noted below: (1) Pay as you go financing with a substantial increase in the General Fund millage rate; (2) A bonding option I(~;:· the entire five year shortfall including $44M in enhancements such as decorative street lights, landscaping, sidewalks, etc.; (3) A bonding option for the entire five year shortfall excluding $44M in enhancements; such as decorative street lights, landscaping, sidewalks, etc.; (4) An option bonding 75% of the five-year transportation shortfall through a combination of all gas tax revenues and a portion of sales tax revenues. This option also excludes the $44M in enhancements, with the remaining 25% of the five-year funded on a pay as you go basis through a combination of ad valorem taxes generated from increases in taxable value and/or service level reductions. After careful deliberation, the Board determined that the fourth option noted above would be the financing mechanism incorporated into the AUIR report submitted to the State of Florida to maintain Collier County concurrency requirements relative to transportation. This committed the County to meeting transportation concurrency requirements through a combination of ad valorem taxes and bonding gas and sales taxes. Staff commil develop the details of this financing plan for presentation to the Board in February. GD-7 OCT 0 B 2002 p~.l ~"~ _ The transportation program is an aggressive plan that assumes bonding of $192.9 million during the period from FY 02 through FY 06, as well as pay as you go financing of $64.3 million. However, there are many variables potentially impacting when bond proceeds will be required. These variables include, but are not limited to: · Environmental permitting issues, · Potential delays in right of way acquisition, · Production constraints of available paving contractors, · Neighborhood concerns relative to roadway alignments · Payout curve of road projects (typically 18-24 months), · Conflicts with utility construction projects. Because of this uncertainty, the County needed to evaluate various financing alternatives that can provide the following: (1) flexibility in timing of the issuance of debt; (2) decrease the risk of negative arbitrage during construction periods (earning yields less than the interest paid on outstanding bonds); and, (3) efficiency in the issuance of multiple revenue bonds. The County's Financial Advisor identified a program that would meet the County's financial requirements, while providing flexibility in timing cash draws with payment requirements. In general terms there are two financing structures the County may choose to fund the transportation needs: fixed rate bonds or variable rate bonds. The Financial Advisor focused his review on the economics and risks associated with each of these alternatives. Collier County debt currently consists primarily of fixed rate obligations. Only a small portion of the County's debt (less than 10%) is variable rate through the Florida Association of Counties Commercial Paper Program. The advantages of fixed rate debt for Collier County include the known cost of debt service, the ability to set rates and charges to provide for coverage requirements based on a known level of debt service, and reduced administrative costs associated with handling variable rate and other short-term maturity structures. However, long term fixed rate debt does not allow Collier County to receive benefit from the low interest rates available in the early portion of the yield curve. While fixed rate debt provides Collier County with a guaranteed debt structure known cost, the County should consider placing at least a portion of its debt servic variable rate mode to take advantage of the lower rates on the early part of the GD-8 OCT 0 .00 curve. Generally, rating agencies and insurance companies view variable rate debt in the range of 20% - 30% of the total debt structure of a government as being an acceptable mix and not resulting in a change in rating depending on the underlying credit and issuer's liquidity position. The primary decision in the selection of a variable rate versus a fixed rate financing is the degree of exposure to interest rate volatility the County is willing to accept. Variable Rate Demand Instruments ("VRDI") are a cost-effective financing vehicle for municipal issuers with access to the tax-exempt markets. A VRDI is a bond or obligation at a variable interest rate with a "tender" feature. The tender feature gives bond purchasers the right to demand payment on the VRDI's at par value and with very short notice. While VRDI's are a long-term obligation, the variable rate and the tender feature, allow VRDI's to trade like short-term securities, thereby offering the borrower (Collier County) the advantage of lower interest rates. While over the past few years, municipal variable rates have been at historically low levels, there is no assurance that this low interest rate trend will continue. This risk exposure can be controlled somewhat through the purchase of an interest rate cap or by entering into an interest rate swap. Additionally, VRDI's benefit Collier County by providing greater flexibility for redemption of the bonds with no prepayment penalty or a swap to a fixed rate in the event of rising interest rates. Another variable rate alternative is the Commercial Paper program that has been used previously by Collier County. Because of the uncertainty in the timing of the required capital for the transportation program, County staff, in conjunction with the Financial Advisor, is evaluating various financing programs such as those noted previously (both fixed and variable rate). Individual financing decisions will be made at the time when additional capital is required. The program that bests suits the County's needs in terms of cost and risk will be used. These decisions will be brought to the Board for approval at that time. Summary of Transportation Financing Plan FY 02 - FY 06 (excluding $44.1 M enhancements) The Transportation Capital Program has a five-year shortfall of $257.2 million. Pursuant to the Board policy direction from the December 18, 2001 Transportation AUIR workshop, 75% of the projected shortfall ($192.9 million) would be financed through the issuance of revenue bonds. Of the $192.9 million in revenue bonds issued, approximately $147.0 million would be secured by pledging available gas tax revenue (using all of the estimated remaining gas tax bonding capacity), with the remaining balance $45.9 million secured by pl{ available sales tax revenue. The remaining transportation project-funding short GD__-9 dging all oRC.~ ffr.~ $64.3 million will be funded on a pay-as-you-go basis. A summary of the Transportation Plan financing sources is presented in the following graph: $160,000,000.0- S140,000,000.0- $120,000,000.0 - $100,000,000.0- $80,000,000.0- $60,000,000.0 $40,000,000.0- S20,000,000.0 $0.0 FY 02 FY 03 FY 04 FY 05 FY 06 'El Col mmercial Paper~ [] Revenue Bonds i [3 Cash I E!/~1 Valorem Taxes I FY O2 In FY 02, the financing plan assumes the issuance of $72.8 million in revenue bonds supported by gas taxes. Gas taxes are restricted in use to transportation-related expenditures, whereas sales tax revenue can be bonded to finance capital projects in multiple program areas (park facilities, government buildings, jail facilities, etc.). Therefore, staff recommends bonding the available gas tax capacity, prior to the issuance of any sales tax revenue bonds. The Financial Advisor indicated that gas taxes have a bonding capacity that would yield $147.0 million in project expenses. Therefore, additional gas tax bonding capacity of $74.2 million would remain after the FY 02 bonds are issued. The required debt service, assuming 20-year bonds with a 5% interest rate amounts to $5,878,400. This amount is the required General Fund support of roads in FY 03. FY O3 In FY 03, the financing plan assumes the issuance of $81.9 million in revenue bonds supported primarily by gas taxes ($74.2 million or the entire balance of the estimated gas tax bonding capacity), with a small portion supported by sales tax ($7.7 million). The required debt service, assuming 20-year bonds with a 5% interest rate amot ~ta tqkC, F. NOS~TV~ OCT 0 8 2002 ~_D40 1~"~ $6,605,100. This amount is the additional General fund support of roads in FY 03. The cumulative debt service amounts to $12,483,500. FY O4 In FY 04, there is a projected shortfall of $68.4 million. However, the Board committed to bonding only $192.9 million (75% of the projected shortfall from FY 02 - FY 06). The remaining bondable amount in FY 04 is as follows: Fiscal Year FY 02 Bond Issued FY 03 Bonds Issued FY 04 Bonds Total Bonding Commitment Amount of Bonds $ 72.8 million $ 81.9 million $ 38.2 million. $192.9 million As there is only $38.2 million available in bonding commitment in FY 04, the remaining shortfall of $30.2 million ($68.4 M shortfall less $38.2 M bonds) must be funded on a pay-as-you-go basis. However, the magnitude of a $30.2 million addition to the General Fund operating budget in a single year is significant and would either adversely impact the General Fund millage rate or require major service reductions. In addition, project timing and cash payouts for transportation projects would occur over approximately a two-year period. Therefore, it is recommended that a short-term borrowing mechanism such as Commercial Paper be used to effectively "smooth" this spike. This is also recommended in FY 05 and FY 06. Commercial Paper loans for the shortfalls in FY 04 - FY 06 would effectively spread the cost of these projects over a five-year period. Given the anticipated payout schedule for capital projects, this is deemed a better alternative than levying taxes for the entire amount in each fiscal year. A further assumption was that the bonds would be issued late in the fiscal year and that debt service payments will commence in the subsequent fiscal year. Debt service calculations were predicated on an interest rate of 5%. The initial funding shortfall of $257.2 million does not include the impact of the cumulative debt service associated with the revenue bonds and the Commercial Paper loans. The required debt service by fiscal year is noted in the following graph. These amounts represent the required General Fund support of the transportation capital program through FY 2010, based on debt issued from FY 02 - FY 06. gD-I 1 OCT 0 8 2002 ,,5,'1 $35.0 Transportation Financing Plan Debt Service, excluding Enhancements (Millions) $30.9 $30.3 $29.7 $30.0 $25.0 $20.0 $15.0 $1o.o $5.o $o.o FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY10 The road-financing plan assumes that the trend of increasing taxable value in Collier County will continue and that there is no reduction to the General Fund millage rate. Historical and assumed increases in taxable value used in this analysis are presented in the following graph: Historical and Assumed Increases in Collier County Taxable Value (FY 93 - FY 06) Average (FY 94 - FY 02) = 9.8% 22.50% 20.00% 17.50% 15.00% 12.50% 10.00% 7.50% 5.00% 2.50% 0.00% FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 00 01 02 03 04 05 06 If growth in taxable value were less than projected, there would have to be set reductions, a General Fund millage rate increase, or a combination thereof. GD_-i2 level OCT 018 2002 Required General Fund Support -Transportation Financing Plan (inc. ,~44.1 M enhancements) If the $44.1 million in enhancements were included in the Transportation Capital Program, the five-year shortfall would increase to $301.3 million. Assuming the bonding component remained at $192.9 million, the required pay-as-you-go component would increase from $64.3 M to $108.4M. A comparison of the required annual General Fund support of the Transportation Capital Program would be as follows: $45 $4O $35 $30 $25 $20 $15 $10 $5 $0 Comparison of General Fund Support of Road Program without and with Enhancements (millions) SQ.O 33.9 $23.1 $5.9 S6.5 $13.8 S4%4 S 40.3 $ 30.2 S20.4 $27.0 FY02 FY03 FYO~ FY05 FY06 FY07 FY08 FY09 FYIO Dw/o Enh. i Iw/Enh. ~ FISCAL IMPACT: The five-year Transportation capital plan has an identified deficit of $257.2 million. This will require bonding of $192.9 million and pay-as-you-go funding of $64.3 million. Based on the assumptions contained herein, the annual General Fund support of the road program through FY 06 is as follows: Fiscal Year Cost without Enhancements Cost with Enhancements FY 03 $5,878,400 $6,450,300 FY 04 $12,483,500 $13,776,100 FY 05 $23,105,500 $29,404,500 FY 06 $25,503,400 $41,362,000 The amount noted above for FY 03 will be included in the General Fund budget. C-D-13 OCT 0 8 2002 GROWTH MANAGEMENT IMPACT: Funding the road projects in the five year Transportation capital program is necessary to maintain concurrency with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Accept the transportation capital financing plan developed by staff. Prepared by: Michael Smykowski, Director, Office of Management and Budget Reviewed by: William J. Reagan, Collier County Financial Advisor Senior Vice-President, William R. Hough & Co. Reviewed by: Norman Feder, Transportation Services Administrator Approved by: Thomas W. Olliff, County Manager C-D-la OCT 0 a 2L APPENDIX Collier County Capital Improvement Program: Capacity Added Per Lane Mile OCT 0 8 2002 Table _EP.-1 Collier County Capital Improvement Program: Capacity Added per Lane Mile Lan. I Miles I PROJECT Addedl .................... ..~ . .v~..'.-~ ~'~ ~ ' '~ '~ 5.27 0.5 23.~,~~ '- . : ..... ~ 3.9 ,.~d~n Ga~ P~ (~e~ss)L;: 0.75 1~ ~ ~ (PRR ? ~) 6 Immokalee Rd (US-4!;I-75)' ~.-g:. - avd (!m. moka~ lee; GG Bird)" =: .. 35,500 15,500 34,500 16,400 17,7O0 15,900 0 0 18,300 0 27,80O 0 15,300 32,100 16,~30 30,700 15,300 1 New Vehicle- Capacity I Service I Miles Cap Added PerI ¥olume(2) { Added Lane Mile I 48,900 24,522 6,700 33,600 95,387 9,05~ 46,900 40,548 6,200 31,800 52,822 7,700 32,7O0 7,500 7,.500 34,200 148,23~ 9,150 51,800 134,680 8,633 51,800 165,760 8,633 35,700 43,500 8,700 49,200 191,880 8,200 41,8[X~ 42,000 7,000 0 0 0 53,500 191,000 9,550 49,200 59,850 8,550 35,700 56,700 9,450 53,500 136,800 11,400 33,600 36,600 9,150 164.5 Subotah 1,427,779 Capacity Added per Lane Mile 8,680 5. 5 2 3.5 12.6 43.7 County Barn Rd (Davis -. 0R-864)~: - 1.9 Livingston Rd Extension (TBD) 1.25 Collier Btvd (Davis - GG Pkwy) 1.9 Goodlette Frank Rd (PRR - GG Pkwy) 2.7 Vanded3ilt Drive (Wigg - BBR) 2.5 Davis (Radio - 951 ) 0.5 ~,o~lier Blvd (GGB - Green) 1.8 ;oilier Blvd (Davis - US 41) 6.3 Subotah 2 2 16,800 35,700 35,910 0 6 0 51,800 64,750 4 2 29,200 43,800 27,740 4 2 36,700 49,200 33,750 2 2 17,500 35,000 43,750 2 4 16,900 49,200 16,150 4 2 31,900 53,500 38,880 4 2 33,100 49,600 103,950 364,880 AVG UNIT COST PER LANE MILE (impact Fee) TOTAL 8,350 9,450 8,633 7,300 6,250 8,750 8,075 10,800 8,250 2[)8.2 UNIT COST PER LANE MILE DE-1 1,792,659 8610.273775 OCT 0 8 2L APPENDIX FE Average Motor Fuel Efficiency - Excluding Interstate Travel OCT 0 8 2002 Table F_E- 1 Average Motor Fuel Efficiency - Excluding Interstate Travel 'Other Arterial Rural 375,973,000,000 ~ RUral·. ~ 365,170,000,000 ~:)ther Urban ~ ;-;:: *:'i: 1,211,708,000,000 .Total Non-lnteratate 1,952,851,000,000 41,646,000,000 417,619,000,000 90% 26,348,000,000 391,518,000,000 93% 52,969,000,000 1,264,677,000,000 96% 120,963,000,000 2,073,814,000,000 94% 10% 7% 4% 6% Other Arterial Rural Other Rural Other Urban Total Non-Interstate 18,705,124,378 18,167,661,692 60,283,980,100 9~156,766,169 7,180,344,827.59 4,542,758,620.69 9,132,586,206.90 2O,855,689,655 25,885,469,206 22,710,420,312 69,416,566,306 11~01~455,824 2,073,814 miles (millions) 118,012 gallons (millions) 17.57 mpg OCT 0 8 20[ APPENDIX Proposed Collier County Transportation Impact Fee Schedule Two Options Based on Implementation of Full Fee with l_initial Cc-ollection of an Aadjusted F_fee for Utilities Relocation Costs until the Utility R_relocation is R_removed from the Public Utility F_fees; AGEI',J~A ITE]~ OCT 0 8 2002 Table G-1 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE Impact fee with Utilities Relocation Costs Fee Schedule Assumptions: , Gasoline Tax: Unit Construction Cost; $3,151,198 $$ per gallon to capital: $0.243 Capacity per lane: 8,685 Interstate Mileage %: 13% Facility life (years): 25 Fuel Efficiency: 17.6 mpg Across-the-Board Adjustrnent: 0% Interest rate: 6.0% Effective days per year: 365 V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Tdp Trip Tdp New Impact Gas Tax Impact LUC [.and Use Unit Rate Length Length Tdps Cost Tax Credit Fee ~I--~IL,U--N I IAL: 210 Single Family (Detached) Less than 1,500 s.f. & Annual Hh Income less than or equal to du 2.50 5.50 5.98 100% $2,169 $38 $481 $1,687 poverty level Less than 1,S00 s.L & Annual Hh lnc~ne less than o~ equal to 50% ol du 4.39 5.50 5.98 100% $3,811 $66 $846 $2,966 Less than 1,500 s.f. du 5.68 5.50 5.98 100% $4,929 $86 $1,094 $3,835 1,500 to 2,499 s.f. du 7.57 5.50 5.98 100% $6,571 $114 $1,458 $5,113 2,500 s.f or larger du 8.93 5.50 5.98 100% $7,754 $135 $1,721 $6,034 221 Multi-Family 1-2 stories du 6.59 4.70 5.18 100% $4,889 $86 $1,100 $3,789 220: Multi-Family 3-9 stories du 6.63 4.70 5.18 100% $4,918 $87 $1,106 $3,812 222 MF 10 stories and up du 4.20 4.70 5.18 100% $3,116 $55 $701 $2,415 240 Mobile Home Park du 4.81 3.80 4.28 100% $2,885 $52 $663 $2,222 252 Assisted Living Facility (ALF) du 2.15 3.00 3.48 72% $729 $13 $173 $556 250 ~-~ ~T~q~ C~T~ nity du 5.36 3.30 3.78 100% $2,792 $51 $653 $2,139 230 ~T~-dum/Townhouse du 5.86 4.45 4.93 100% $4,116 $73 $931 $3,185 232 High-Rise Condominium du 4.18 4.45 4.93 100% $2,936 $52 $664 $2,272 LOD~JIN~: 310 Hotel room 8.23 5.55 6.03 66% $4,758 $83 $1,055 $3,703 330 Resort Hotel room 5.90 5.40 5.88 83% $4,189 $73 $931 $3,258 320 Motel room 5.63 3.60 4.08 77% $2,450 $44 $567 $1,884 416 RV Park mh site 3.90 4.70 5.18 100% $2,893 $51 $651 $2,242 RECREATION: 430~Golf Coume 443~Movle Theaters Ie,hI 2.96 I 5.00 18holes I 643.32 I 4.20 screen I 109.97 ] 2.26 5.48 100 ~/,, $2,336 $41 $522 $1,813 4.68 10..0~Yo $426,453 $7,586 1596,978 15329,475 2.74 76Yo I $29,930 $579 I $7,405 I $22,524 INSTITUTI(..)N:5: 610 Hospital 1,000 sf 16.78 5.00 5.48 77% $10,196 $178 $2,281 $7,916 620 Nu~s~ Home bed 2.61 2.60 3.08 89% $953 $18 $230 $723 520 Elementa~ School student 1.02 4.50 4.98 80% $580 $10 $131 $449 522 Middle School student 1.45 4.50 4.98 85% $875 $15 $198 $678 530 ~li~h School student 1.79 4.50 4.98 90% $1,144 $20 $258 $886 540 iunior~7,~,,,,~n~ Colle~ student 1.54 4.50 4.98 95% $1,039 $18 $235 $804 550 ~ student 2.38 4.50 4.98 95% $1,606 $28 $363 $1,243 560 Chinch 1,000 sf 9.11 4.60 5.08 90% $5,953 $105 $1,342 $4,611 565 Da~, Care student 4.52 1.30 1.78 73% $679 $15 $190 $489 OFFICE: I 93°/° [$10'7181 $189 I$: 710150'000sf~less I~,OOOs~l 15.59 I 4.70 I 5.18 I 93~o159,126 I $161 I$: 710150'001'100'0008f I1,000sfl 13.27[ 4.70 I 5.18 7101100,001-200,0008fI I,000sf] 11.30 I 4.70 I 5.18I 93~I $7,770 I$137I $' 7101200'001'400'0008f I1,000sfl 9.62 I 4.70 / 5.18 I 93:~,o I $6,816 I S118 I $' 71019reaterthan400,000sf I I,000sfl8.76 I 4.7o I 5.18 I 93;~ 186,o22I $1o6 Is' 7201MedicalOffice I t,000sfl36.13I 4.15 I 4.63 [ 84'/° [519,831/ $353 1~ Source: T'mdale-Oliver and Associates, Inc. ,411 ] ~ ,053 ]: ,748 : 1488 I: ,355 I ~ ,515 1.~ L307 ~,073 [ ~,023 I 5,316 I~'T'/TM' '--'t OCT 0 8 2002 Table G.1 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE Impact fee with Utilities Relocation Costs Fee Schedule Assumptions: Gasoline Tax: LIr~ ~_ _,c~_'_,~_ Cost: $3,151,198 $$ per gallon to capital: $0.243 Ca~ac:tt/~a,r ~anec. 6,~8Ei Intemstate Mileage %: 13% Facility life (years): 25 Fuel Efficiency: 17.6 mpg .~tt~ Al~l~,~aaent: 0% Interest rate: 6.0% Effective days per ~ear: 365 V:C ratio manal~ment factor;. 100% Assessable Total Percent Total Annual G~s ITE Trip Trip Trip New Impact Gas Tax LUC Land Use Unit Rate Length Length Tdps Cost Tax Credit Fee RETAIL: - 814 Specialty Retail 1,000 sf 45.90 2.93 3.41 80% $16,981 $316 $4,033 $12,948 820 less lflan 50,000 slgla 1,000 sf 87.311 1.50 1.98 48% $9,921 $209 $2,673 $7,249 820 50,001-100,000 sfg~ 1 ,(X)O sf 68.17 1.90 2.38 54% $11,03g ~21 $2,822 $8,217 820 100,001-150,000 sfgla 1,000 sf 58.98 2.10 2.58 57",/, $11.143 $219 $2,794 $8,349 820 150,001-200,000 sfgla 1,000 sf 53.22 2.30 2.78 5.9% $11,39g ~ $2,812 $8,587 820 200,001-400,000 sfgla 1,000 sf 41.56 2.90 3.38 66% $12,554 $234 $2,986 $9,568 820 400,001-600,000 sfgla 1,000 sf 35.cJ6 3.30 3.78 70% $13,109 $240 $3,065 $10,045 820 600,001-1,000,000 sfgia 1,000 sf 29.96 3.80 4.28 76% $13,657 $246 $3,139 $10,518 820 greater tflan 1,000,000 sfgla 1,000 sf 28.07 3.90 4.38 80% $13,825 $248 $3,169 $10,656 880/881 Pharmacy/Drug Store w/Drive-Thru 1,000 sf 90.58 1.90 2.38 38% $10,322 $206 $2,639 $7,683 862 Home Improvement Superstore 1,000 sf 35.05 4.29 4.77 50% $11,866 $211 $2,693 $9,174 831 Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $26,236 $503 $6,425 $19,811 832 High-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $310,195 $595 $7,605 $22,590 834 Fast Food Rest w/Drive-Thru 1,000 sf 496.12 1.36 1.84 6~,~. $63,363 $1,369 $17,495 $45,868 8441 Gasoline Stnt~oa veh fuel pos 168.56 1.20 1.68 23% $7,343 $164 $2,098 $5,245 837 Quick Lube bays 42.54 2.68 3.16 71% $12,776 $240 $3,074 $9,701 850 Supermarket 1,000 sf 111.51 1.90 2.38 38% $12,707 $254 $3,248 $9,459 851 Convenience Store 1,000s! 737.99 0.80 1.28 41% $38,205 $976 $12,475 $25,730 853: Convenience Store with Gas Pt~ veh fuel pos 542.60 0.90 1.38 29% $22,352 $547 $6,995 $15,357 ) Conv'ce~.q:ast Food Store 1,000 sf 867.30 1.00 2.9 30% $40,656 $1,882 $24,062 $16,594 Auto Repair or Body Shop 1,000 sf 37.60 2.90 3.38 72% $12,391 $231 $2,947 $9,444 849 Tire Store bays 30.55 2.68 3.16 71% $9,136 $172 $2,198 $6,938 841 ;New/Used Auto Sates 1,000 sf 37.50 4.70 5.18 7cJ% $21,976 $387 $4,943 $17,033 8471 Self-Service Car Wash bay 108.00 2.40 288 69% $28,228 $541 $6,913 $21,315 911 Bank/Savings Walk-in 1,000 sf 156.48 1.70 2.18 46% $19,313 $395 $5,054 $14,259 9121 Bank/Savinc~s Drive-in 1,000 sf 265.21 1.70 2.18 46% $32,378 $663 $8,473 $23,904 INDUSTRY: 1lO,General Industrial 7701Business Park (Flex*space) 151 ~t~linkWarehouse II,OOOsfI 6.m t 6.oo 1.000 l 20.g7I 4.42 1,oeo~I 2.5o I 4.30 6.48 I 93% $6,138 $106 I51'353 I54,786 4.90 I 82:~ I $11,937 I $211 $2,701 I $9,237 4.78 I 91~ 1Sl,544 I $27 $350 $1,194 ~ 3'~le-Oliver and Associates, Inc. AGENOA ITEM OCT O 8 2002 Table G-2 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE Impact fee without Utilities Relocation Costs Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $2,918,937 $$ per gallon to capital: $0.243 Ca~y per lane: 8,685 Facility life (years): 25 Fuel Efficiency:. 17.6 Interest rate: 6.00/, Effective days per year:. 365 ~ T~a~ ITE Trip Trip LUC Land Use Unit Rate Length Length Interstate Mileage %: 13% ~-the-Board Adjustment: 0% V:C ~ management factor: 100%, Pe~-~e,~ Tolat Annual Gas Ne( New impact Gas 'Tax Impact Trips Cost Tax Credit Fee RESIDENTIAL: i Less than 1,500 si. & Annual Hh I Less than1,500 s.l. & Annual Hh . [ Income less than or equal to 50°/o of Less Ii-,an 1,500 s __~ 2,500 s.f or larger. MF 10 stories and up ~ Home Park Assisted Living Faci/ity (N_F) Retiremen~ ~ Condominiun~ To~nhouse Hi..__~R~se Condominium LODGING: otel L_~.~RV Park RECREATION: ~ters 5.6s 5.50 7.57 5.50 4.20 4.70 4.8'1 3.80 2.15 3.00 5.36 3.30 5.86 4.45 6.03 5.88 4.08 5.18 5.48 4.68 2.74 INSTITUTIONS: ......... ,~4-,o eo o~..I ~7 1R4 Hospital ~ 1~5221MiddleSchool ~ smaen~ ! ,..+u ~ .... ! .... ~lJunior/C.,orr~nuray Colege s~uoem ,~ .,.~ 4.98 ~ u.~5 5.o.__~s ~ ~ 4'c'8 1.78 OFFtCE; $2,0: · ~ I 93% I ~o,o~o .~,w ,...-. ~a~3e: T'.-~dale-Oliver and Associates, Inc. OCT 0 d02 Table G-2 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE Impact fee w/~flea~ Utilities Relocation Costs ~ Mileage %: 13% /~¢~seAhe-Boa~ NtN'~ merit: 0% V:C ratio rnanai~ernent factor. 100% Assessable To,al Pe~=~t Tetal ,am~'u..cal Gas ~ rrE T~o Trip T~ip I~ Impact Gas Tax Impac~ LUC Land Use Unit Rate ~ ~ Trips Cost Tax Credit Fee RETAIL: 814i Spe~J~'Retail 1,000 sf 45.90 2.93 3.41 80% $15,729 $316 $4,033 $11,696 820 less t~an 50,000 sf~la 1,000 sf 87.31 1.50 1.98 48% $9,190 $209 $2,673 $6,5'i7 820 50,001-100,000 sf~lla 1,000 sf 68.17 1.90 2.38 54% $10,225 $221 $2,822 $7,403 820 100,001-150,000 sfgla 1,000 sf 58.98 2.10 2.58 57% i $10,322 $219 $2,794 $7,528 8201150,001-200,000 sf~la 1,000 sf 53.22 2.30 2.78 59% $/0,559 $220 $2,812 $7,747 820 200,001-400,000 slgla 1,000 sf 41.56 2.90 338 66% $11,628 $234 $2,986 $8,642 820 400,001-600,000 sfgla 1,00~ s~ 35.96 330 3.7~ 70% $/2,143 $240 ~'3,065 $9,079 820 600,001-1,000,000 sfgla 1,000 sf 29.96 3.80 4.28 76% $12,651 $246 $3,139 $9,511 820 gre~er ~ 1,.O0D,000 dgla 1 ,OO0 ~ 28.07 3.90 4.38 80% $12,806 $248 $3,169 $9,637 ~10/8811 Ph~maL"f/D~g Sam ~ Drive-Thru 1,OO0 sf 90.58 1.90 2.38 38% $9,561 $206 $2,639 $6,923 862 Home Improverne~ Supe~stme 1,000 sf 35.05 4.29 4.77 50% $10,992 $211 $2,693 $8,299 831 Qual~/Resl~urant 1,000 sf 89.95 2.40 2.88 77% $24,302 $503 $6,425 $17,877 8321 HiCk-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $27,970 $595 $7,605 $20,365 83a,~ Fast Food Rest w/Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $58,693 $1,369 S17,495 $41,198 844 ~3soline Station ~veh ft~ pos 168.56 1.20 1.68 23% $6,802 $/64 $2,098 $4,704 837 Quick Lube bays 42.54 2.68 3.16 71% $/1,834 $240 $3,074 $8,760 : Supem~arl~ 1,000 sf 111.51 1.90 2.38 38% $11,771 $254 $3,248 $8,522 851 Convenience 5"tom 1,000 sf 737.99 0.80 1.28 41% $35,389 $976 $12,475 $22,914 Convenience Stme with Gas Pumps veh ~ ~ 542.60 0.90 1.38 29% $20,704 $547 $6,995 $13,710 rea Ca'w'~ine/Fast Food Store ?,000 sf 867.30 1.00 2.9 30% $37,659 $1,882 $24,062 $13,597 840 At~ Repar or Body Shop 1,000 sf 37.60 2.90 3.38 72% $11,478 $231 $2,947 $8,531 849 'r~e Store bays 30.55 2.68 3.16 71% $8,463 $172 $2,198 $6,264 841 New/Used Auto Sales 1,000 sf 37.50 4.70 5.18 79% $20,356 $387 $4,943 $15,413 847 Self-Service Car Wash bay 108.00 2.40 2.88 69% $26,147 $541 $6,913 $19,234 911 Bank/Savings Walk-in 1,000 sf 156.48 1.70 2.18 46% $17,890 $395 $5,054 $12,836 912 Bank/Savings Drive-in 1,000 sf 265.21 1.70 2.18 46% $29,991 $663 $8,473 $21,518 INDUSTRY: f110tGe. eral ~d.st~a~ 770 ~Business Park (Flex-space) 151 ~Mini-Wa~house I1,°°°'11 6-9716-°° I 1,000sfI 20.97I 4.42 I 1,°°°sfl 2-5° I 4'3° I 4.90 I 82~,~ I $11,057 I $211 I $2,701 $8,357 4.78 I 91'/° 1Sl,43° I $27 I S350 S1,080 ~¢lurce: ~le-Oliver and Associates, Inc. 2 OCT 0 8 2002 _1~9/30/2002 RESOLUTION NO. 2002- ! 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE ONE OF 5 APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF 6 LAW AND ORDINANCES, AS AMENDED, THE SAME BEING THE 7 COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, IN 8 TWO PHASES; PROVIDING FOR PHASE ONE OF THE RATE 9 INCREASE, RAISING ROAD IMPACT FEE RATES FOR ALL LAND 10 USE CATEGORIES LISTED IN THE CURRENT ROAD IMPACT FEE 11 SCHEDULE, WHICH HAS BEEN IN EFFECT SINCE APRIL 1, 2000, BY 12 AN AVERAGE OF NINETY PERCENT, WITH THE FORMULA FOR 13 CALCULATING SAID RATES INCLUDING A CREDIT FACTOR FOR 14 TItE COSTS ASSOCIATED WITH RELOCATING WATER AND SEWER 15 UTILITIES INFRASTRUCTURE AS NECESSITATED BY 16 TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS; 17 PROVIDING FOR SAID RATES TO REMAIN IN EFFECT UNTIL SUCH 18 TIME THAT UPDATED COLLIER COUNTY WATER AND SEWER 19 USER FEES AND WATER AND SEWER IMPACT FEES ARE ADOPTED 20 BY THE BOARD OF COUNTY COMMISSIONERS AND 21 SUBSEQUENTLY BECOME EFFECTIVE, AT WHICH TIME PHASE 22 TWO OF THE RATE INCREASE SHALL TAKE EFFECT, THE 23 FORMULA FOR CALCULATING SAID RATES NO LONGER 24 INCLUDING A CREDIT FACTOR FOR THE COSTS ASOCIATED WITH 25 RELOCATING WATER AND SE~',~ER UTILITIES INFRASTRUCTURE, 26 FURTHER RAISING ROAD IMPACT RATES FOR ALL LAND USE 27 CATEGORES TO AN AVERAGE OF ONE HUNDRED AND ELEVEN 28 PERCENT ABOVE THE RATES IN THE CURRENT ROAD IMPACT 29 FEE SCHEDULE; PROVIDING FOR A DELAYED EFFECTIVE DATE 30 OF NOVEMBER 1, 2002. 31 32 WHEREAS, on April 16, 1992, the Board of County Commissioners of 33 Collier County (the Board) adopted Ordinance No. 92-22, the Collier County 34 Road Impact Fee Ordinance, thereby establishing the County's then applicable 35 road tmpact fee rates; and 36 WHEREAS, on January 11, 2000, the Board of County Commissioners 37 adopted Ordinance No. 2000-3, thereby establishing updated road impact fee rates 38 using the same calculation formulas as those used for the rate schedule established 39 by Ordinance No. 92-22, but employ/ng updated variables; and 40 WHEREAS, on March 13, 2001, the Board of County Commissioners 41 adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee 42 Ordinance, repealing and superceding ali of the County's then existing impact fee 43 regulations, and consolidating all of the County's impact fee regulations into that 44 Ordinance, codified as Chapter 74 of the Collier County Code of Law and 45 Ordinances (the Code), and incorporating the aforementioned road fee rates 46 established by the adoption of Ordinance No. 2000-3; and AGENDA OCT 0 8 2002 1 WHEREAS, Section 74-502 of the Code states that impact fee studies 2 should be reviewed at least every three (3) years; thus the County has retained 3 expert consultants to evaluate and update unit costs and recommend changes to 4 the fees where appropriate; and 5 WHEREAS, Section 74-201 of the Code states that impact fee rates may 6 be changed from time-to-time by resolutions of the Board, provided the Board 7 holds a public hearing with regard to the impact fee rate schedule amendments; 8 and 9 WHEREAS, Collier County uses impact fees to supplement the funding 10 of necessary capital improvements required to provide public facilities to serve 11 new population and related development; and 12 WHEREAS, the County's exceptional growth in the past two (2) years, in 13 conjunction with sharply increasing road construction costs, warrants that the 14 Board should undertake proactive measures to match road construction funding 15 with documented future needs; and 16 WHEREAS, tt~c County's Consultant recommends road impact fee rate 17 increases, an average incrc:~.se of one hundred and eleven percent (111%), for all 18 land use categories lis~cd in ~he current road impact fee rate schedule, Schedule 19 One Phase II of Appendix A [as amended and attached hereto] of Ordinance No. 20 2001-13, as amended, the same being Schedule One of Appendix A of Chapter 74 21 of the Collier County Code of Law and Ordinances; and 22 WHEREAS, staff has recommended a phased implementation of the 23 proposed road impact fee rates whereby the cost of relocation of water and sewer 24 infrastructure necessitated by growth-related transportation capital improvements 25 shall be initially excluded from the rate calculation formula until such time that 26 updated Collier County water and sewer user fee rates and water and sewer 27 impact fee rates have been adopted by the Board of County Commissioners, 28 thereby removing the cost of relocating underground water and sewer 29 infrastructure necessitated by growth-related transportation capital improvements 30 from the Collier County water and sewer user fee rates and water and sewer 31 impact fee rates; and m~ 2002 1 ~VHEREAS, said phased implementation of the proposed road impact fee 2 rates shall, on the effective date of this Resolution, initially result in an average 3 increase of ninety percent (90%) for all land use categories listed in the current 4 road impact fee rate schedule, as shown in Appendix A, Schedule One, Phase I, 5 attached hereto; and said Phase I road impact fee schedule shall remain in effect 6 until such time that updated Collier County water and sewer user fee rates and 7 water and sewer impact fee rates have been adopted by Resolution of the Board of 8 County Commissioners and subsequently the rates in Phase II take effect; and 9 WHEREAS, staff has thoroughly reviewed the Consultant's findings and 10 recommendations and concurs with the recommended road impact fee rate 11 increases as specified herein. 12 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF 13 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 14 The Board of County Commissioners hereby declares that the road impact 15 fee rates set forth in the revised Schedule One of Appendix A, Phase I of 16 Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee 17 Ordinance, attached hereto and incorporated by reference herein, are fair and 18 reasonable, and shall be assessed as authorized by Collier County Ordinance No. 19 2001-13, as now or hereafter amended. 20 BE IT FURTHER RESOLVED that the aforesaid Phase I road impact 21 fee schedule, reflecting an average rate increase of ninety percent (90%) above 22 the current road impact fee rates that became effective on April 1, 2000, shall take 23 effect on November 1, 2002 and shall remain in effect until such time that the 24 current Collier County water and sewer user fee rates have been updated and 25 amended by Resolution of the Board of County Commissioners, at which time the 26 fully implemented road impact fee schedule, attached hereto and incorporated by 27 reference herein as Schedule One of Appendix A, Phase II, reflecting an average 28 rate increase of one hundred and eleven percent (I 11%) above the current road 29 impact fee rates that became effective on April 1, 2000, being hereby declared by 30 the Board of County Commissioners as fair and reasonable, shall take effect, and OCT 0 8 uuz ,,.q% .. 1 shall fi-om that time thenceforth be assessed as authorized by Collier County 2 Ordinance No. 2001-13, as then and thereafter amended. 3 This Resolution is adopted after motion, second and majority vote 4 favoring adoption this __ day of October, 2002. 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST Dwight E. Brock, Clerk By By: Deputy Clerk Approved as to form and legal sufficiency: ~J.a~.ue~ne H~ul~b~a~ra Rob~in~n, xA.~sistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James N. Coletta, Chairman OCT 0 8 2002 I 2 3 4 5 6 7 $ 9 I0 11 13 14 15 17 18 19 21 24 25 26 27 28 29 3O 31 32 35 37 38' 39 4l 4.7 APPENDIX A SCHEDULE ONE - PHASE I ROAD IMPACT FEE RATE SCHEDULE Residential Rate Single Family Detached House Less than 1,500 Sq. Ft. (Annual Household Income < Poverty Level) Less than 1,500 Sq. Ft. (Annual Household Income < 50% of Colliex County Median Annual Household Income) Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above I0 Stories Assisted Living Facility (ALF) Condominium/Townhouse Mobile Home Retirement }4ome Community/Adu!t Congregate High-Rise Condominium $1,528.00/Dwelling Unit $2,685.00/Dwelling Unit · '1 Q'gC ~ ' ......... $3,472.00/Dwelhng Unit SgA33-A~,629.00/Dwellin g Unit $ ........$5,462.00/Dwelhng Unit $! .......$3,429.00/Dwelling Unit ¢~ ~ ~ ~ 9953 ~9 00/Dwelling Unit e~ ~ n~ aa~ ~ 85.00/ Dwelling Unit $~ aa $503.00/Dwelling Unit $~ .......$2,882.00/Dwelling Unit $1 .......$2,~9.00/Dwelling Unit $ ! ,O ! 2.0051,933.00/ Dwelling Unit · 1 th"TCI ~ ' ' .~ ........ $2,056.00/Dwelhng Umt Lodging Hotel Motel Resort Hotel RV Park $1 ....... $3,352.00 Per Room $892.gu2 $1,703.00 Per Room $1,.~ ..... $2,949.00 Per Room ,.¢~ ....... $2,029.00/Dwelling Unit Recreation Golf Course Movie Theaters Marina Institutional Hospital Nursing Home Church Elementary School Middle School '2'2/I ~ .......... $298,043.00/18 Holes ~-~ ru~q:go '~18.00 Per Screen ,~-.~e°~' ~ $1,641.00/ Boat Beth , ......$613.00 Per Stud Words struck tkrcugk are deleted; words underlined are added. e-~ -~,:~ r~nq:'~ IFCt ('~/1000 Sq. Ft. $340:00 $653.00 Per Bed *qO I On ~$4,172.00/ [ e~ c, . $212.005406.~ Per Stud mt ~/, :nt ~ 0 ~ I 2 4 5 6 7 8 9 I0 11 12 I3 t4 15 16 [7 18 19 20 21 .22 23 24 26 27 28 29 20 31 32 33 34 35 37 38 39 4[ 42 43 45 APPENDIX A SCHEDULE ONE - PHASE I ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Institutional (Continued) High School Jr./Community College University Day Care $42-h005801.00 Per Student $282.005728.00 Per Student ....... $1,125.00 Per Student $225.5u05439.00 Per Student Office Office 50,O00Sq Ft or less Office 50,001-100,O00Sq Ft or less Office 100,001-200,000Sq Ft or less Office 200,001-400,000Sq Ft or less Office Greater than 400,000Sq Ft Medical Office ~$7,517.00/1000 Sq. Ft. ¢'~ '~'~ .0056,401.00/1000 Sq. Ft. ¢'~ ~ .~$5,450.00/1000 Sq. Ft. ......... $4,640.00/1000 Sq. Ft. lQ ~ {~ ~ ..... $4,224.00/I000 Sq. Ft. , ........$13,854.00/1000 Sq. Ft. Retail Specialty Retail Retail 50,000Sq Ft. or less Retail 50,001-100,000Sq Ft Retail 100,001-150,000Sq Ft Retail 150,001-200,000Sq Ft Retail 200,001400,000Sq Ft Retail 400,001-600,000Sq Ft Retail 600,O01-1,O00,000Sq Ft Retail greater than 1,000,000Sq Ft Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Gasoline/Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps Convenience Store/Gas/Fast Food Words :'~,:c'.: through are deleted; words underlined are added. ..... $11,696.00/1000 Sq. Ft. ......... $6,517.00/1000 Sq. Ft. $ ........ $7,403.00/1000 Sq. Ft. $-3,gM-A~$7,528.~/1000 Sq. Ft. $4;03gCX)$7,747.00/1000 Sq. Ft. ~$8,642.00/1000 Sq. Ft. $4x760-:0059,079.00/1000 Sq. Ft. ~$9,511.00/1000 Sq. Ft. e~ n~I.0059,637.00/1000 Sq. Ft. $4;g64~$8,299.00/1000 Sq. Ft. ......... $20,365.00/1000 Sq. Ft. ........ $17,877.00/lO00 Sq. Ft. .~1,198.~/1000 Sq. Ft. ~$4,7~.00Per~Fuel Position ~$8,522.~/1000 Sq. Ft. ~$8,760.~ Per Bay ~$22,914.~/1000 Sq. Ft. ..... $13,710.~Per~Fuel Posh. 10~ ...... $13,597.~/1000 Sq. Ft. 0CT 0 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 2O 21 22 '23 24 25 APPENDIX A SCHEDULE ONE - PHASE I ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Services Auto Repair/Body Shop Tire Store New/Used Auto Sales Bank/Savings: Walk-in Bank/Savings: Drive-in Car Wash $4 ....... $8,531.00/1000 Sq. Ft. ......... $6,264.00 Per Bay ......... $15,413.00/1000 Sq. Ft. ......... $12,836.~/1000 Sq. Ft. e~ ~ ~g nnq, 1 q18.00/ 1000 Sq. Ft. e~n n~n ~q19,234.00 Per Bay Industrial and Agricultural General Industrial Business Park (Flex-space) Mini-Warehouse Words spuc!: thrc, ug.u. are deleted; words underlined are added. OCT 0 8 2002 1 2 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25-- 2(0 27 28 30 31 32 33 34 35 37 38 39 41 42 43 45 4.7~ APPENDIX A SCHEDULE ONE - PHASE II ROAD IMPACT FEE RATE SCHEDULE Residential Single Family Detached House Less than 1,500 Sq. Ft. (Annual Household Income < Poverty Level) Less than 1,500 Sq. Ft. {Annual Household Income < 50% of Collier County Median Annual Household Income) Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above 10 Stories Assisted Living Facility (ALF) Condominium/Townhouse Mobile Home Retirement t4ome Community/A~!', Congr.egate High-Rise Condominium $1,687.00/Dwelling Unit $2,966.00/Dwelling Unit ......... $3,835.00/Dwelhng Unit $~, ,629.L~255,113.00/Dwelling Unit $&463:0056,034.00/Dwelling Unit $2,~. 29.Lu353,789.00/Dwelling Unit $3v449:0053,812.00/Dwelling Unit · "} 1 C~,~ ~ ' , ........$2,415.00/Dwelhng Unit ¢~c,a.~...........rm $556.00/Dwelling Unit ¢'9 Q~'9 ~ ' ~, ........$3,185.00/Dwelhng Unit ......... $2,222.00/Dwelhng Unit ......... $2,139.00/Dwelhng Unit ......... $2,272.00/Dwelling Unit Lodging Hotel Motel Resort Hotel RV Park $3,~52.0053,703.00 Per Room nnq:~,884.00 Per Room Sgr94x$:0053,258.00 Per Room ........ $2,242.00/Dwelhng Unit Recreation Golf Course Movie Theaters Marina $-2-9&A~2~$329,475.00/18 Holes (l:~)n ~ ~ o nnq:99 ~gzt NN Per Screen $tn64t-:0051,813.00/Boat Berth !~nal Hospital Nursing Home Church Elementary School Words r/~--'ck !Src~:gS are deleted; words underlined are added. ~$7,916.00/1000 Sq. Ft. ¢~c~ ru~,C79~ tm Per Bed $4rtT-g:0054,611.00/1000 Sq. Ft. ~$449.00 Per Stt lent ~B,s:)~a~i~~ OCT 0 8 2002 2. 5. 6 8 9 I0 12 13 14 I6 17 18 20 Z4 26' 30~ 31 32 33 35 36 37 38 39 42. 4.3 45 APPENDIX A SCHEDULE ONE - PHASE II ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Institutional (Continued) Middle School High School Jr./Community College University Day Care ~:t:~ ,~ t~qtwg off Per Student ¢on~ cglq~RR~q NO Per Student $728.9~25804.00 Per Student ¢~ 1 '~ t~t~l ')/Iq NN Per Student $4-3¢~$489.00 Per Student Office Office Office Office Office 50,000Sq Ft or less 50,001-100,000Sq Ft or less 100,001-200,000Sq Ft or less 200,001-400,000Sq Ft or less Office Greater than 400,000Sq Ft Medical Office ~, ........ $8,307.00/1000 Sq. Ft. ¢~: An .... $7,073.00/1000 Sq. Ft. $-5;450:13056,023.00/1000 Sq. Ft. ~$5,128.00/1000 Sq. Ft. ~$4,668.00/1000 Sq. Ft. $~,~ ~A nnq;lq '116.00/1000 Sq. Ft. Retail Specialty Retail Retail 50,000Sq Ft. or less Retail 50,001-100,000Sq Ft Retail 100,001-150,000Sq Ft Retail 150,001-200,000Sq Ft Retail 200,001400,000Sq Ft Retail 400,001-600,000Sq Ft Retail 600,001-1,000,000Sq Ft Retail greater than 1,000,000Sq Ft Pharmacy/Drug Store w/Drive-Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Gasoline/Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps Convenience Store/Gas/Fast Food Words st.'-~ck t.~.rc'.:g~ are deleted; words underlined are added. , ......... $12,948.00/1000 Sq. Ft. .~ ........ $7,249.00/1000 Sq. Ft. , ........$8,217.00/1000 Sq. Ft. , ........$8,349.00/1000 Sq. Ft. ~'"/ "TA"/ ~ ,,,, ..... $8,587.00/1000 Sq. Ft. , ........ $9,568.00/1000 Sq. Ft. $9,079.5D$10,045.00/1000 Sq. Ft. $9,511.90510,518.00/1000 Sq. Ft. , ........ $10,656.00/1000 Sq. Ft. $6,923.0957,683.00/1000 Sq. Ft. , ........$9,174.00/1000 Sq. Ft. , .........$22,590.00/1000 Sq. Ft. $17,$77.ff0~$19,811.00/1000 Sq. Ft. $4-1-rP98-:~$45,868.00/1000 Sq. Ft. $4;TO4¢~$5,245.00Per~Fuel Position SE,522.ff3J$9,459.00/1000 Sq. Ft. $8,7~0.~r~$9,701.00 Per Bay ~, ......... $25,730.00/1000 Sq. Ft. , .........$15,357.00PerPempFuel Posh. OCT 0 8 2L 1 2 5 6 7 8 9 I0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPENDIX A SCHEDULE ONE - PHASE II ROAD IMPACT FEE RATE SCHEDULE (CONTINUED) Services Auto Repair/Body Shop Tire Store New/Used Auto Sales Bank/Savings: Walk-in Bank/Savings: Drive-in Car Wash (~Q K'/ I f'lfl~ ~ ["~(~/ 1000 Sq. Ft. ~$6,938.00 Per Bay (~1 K A1Q ~ .......... $17,033.00/1000 Sq. Ft. $12,E25.00514,259.00/1000 Sq. Ft. .......... $23.904.00/1000 Sq. Ft. $19,22~.~$21,315.00 Per B ay Industrial and Agricultural General Industrial Business Park (Flex-space) Mini-Warehouse ¢,~ '~'~'~ c~a,~a '7~,~/1000 Sq. Ft. $E,257.9959,237.00/1000 Sq. Ft. $1,989.9951,194.00/1000 Sq. Ft. Words ..... u *~ ..... ~ are deleted; words underlined are added. 0CT 0 8 2002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint 1 person to serve a 3-year term, expiring on October 1, 2005 on the Affordable Housing Commission. CON$IDERATION~: Thc Affordable Housing Commission is a 9 member committee ~:reated by Ordinance 91-65 to monitor the implemen~ion of the Affordable Housing Task Force's recomn~ndations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastruc~e for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by thc Board of County Commissionem Five members are appointed by the County and 4 appointed by thc City. After initial appointments, terms arc 3 years. A list of the current membership is included in the backup. The term for David Ellis expired on October 1, 2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert Guididas Banking 4 Yes None David Ellis Re-appt County/Building Industry 2 Yes Affordable Housing Commission Workforee Housing Adv Corem Timothy D. Toole Title Insurance Company 4 Yes None COMMITTEE RECOMMENDATION: David Ellis Reappointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the ~ecommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. l'repar~i By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 8, 2002 · Ho sing Commissi Affordable u on Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Joseph G. Foster 7509 Cordoba Circle 566-8586 Naples, FL 34109 District: 2 Category: Attorney/subsidized housing facilities Mr. William R. Cadwallader 1090 Egrets Walk Circle 5144082 Naples, FL 34108 District: 2 Category: Attorney/Business Administration Mr. Marlo M. Valle 961 Murcott Drive Naples, FL 34120 District: 5 Category: Realtor/Affordable Housing 455-7754 348-0190 Mr. W. Jeffrey Cecil 263-8898 1984 Mission Drive Naples, FL 34109 District: 2 Category: County/Atty-Affordable Housing Dev. Mr. David Ellis 9625 Deepwater Court Naples, FL 34109 District: 2 Category: County/Building Industry 592-6100 Mr. Bruce Mumm 1009 29th Avenue, North Naples, FL 34103 District: 4 Category: City At Large/Architect 11/13/01 11/13/01 10/24/00 10/14/97 10/24/00 01/09/01 11/04/96 ! 2/15/99 10/01/04 10/01/04 10/01/03 10/01/00 10/01/03 10/01/02 11/03/99 12/14/02 3 Years 3 Years 3 Years 3 Years 3 Years 1.5Y~rs vf 3 Years 3 years ~ursday. November 15, 2001 Page 1 of 2 OCT 0 8, 2u 2 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John F. Houton 275 Yucca Road Naples, FL 34102 District: 4 Category: CRy/Attorney Ms. Ruth Grant 344 Pirates Bight Naples, FL 34102 District: 4 Category: City 261-2115 Mr. Richard Snyder 3131 Riveria Drive 'Naples, FL 34103 District: 4 Category: City/Retired 434-7203 12/15/99 12/14/02 3 Years 06/20/91 04/04/03 2 Years 10/17/01 10/16/04 3 Years This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of fire Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehen. sive Plan. Terms are 3 years. 5 members appointed by the County and 4 membem appointed by Itte City. Tara A. Norman, City Clerk 434-4701 FL STAT none 0-o',,",1 ~ad~.' ~ HUI Director: 403-2330 November 15. 2001 Page 2 of 2 filson_s .-Sent: 0:~ CC: Subject: giblin_c Monday, September 23, 2002 2:47 PM filson_s Baker D Housi~'g Commission Nominees At the 9/16/02 Workforce Housing Advisory Committee meeting the Committee voted unanimously to recommend that the BCC appoint Esse Sermta (the one and only applicant) to the committee. At the 9/19/02 Affordable Housing Commission meeting the Commission voted unanimously to recommend that the BCC re-appoint David Ellis to the Commission for another term. Cormac Giblin Housing Development Manager MEMORANDUM DATE: September 9, 2002 TO: FROM: Elections Office ex~ Sue Filson, Ex~utive Manag Board of County Coac. r~ssioners RE-' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Robert Guidida~ 1550 13th Avenue North Naples, FL 34102 David Ellis 9625 Deepwater Court Naples, FL 34109 Timothy D. Toole 1136 Lakeshore Place Naples, FL 34103 Thank you for your help. OCT O 8 2g02 MEMORANDUM DATE: TO: FROM: September 9, 2002 Denny Baker, HUI Business Manager Sue Filson, Executive Manager ~,~ Board of County Commissioners Affordable Housing Commission As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Guididas 1550 13th Avenue North Naples, FL 34102 David Ellis 9625 Deepwater Court Naples, FL 34109 Timothy D. Toole I 136 Lakeshore Place Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the appligants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments OCT n 8 Applicaiioi for ,xdvisor,s C(nl]niiltec's/Dt ir(i$ Home Phone: ~,~4/.~ - ~ / / Home Address: /~.9--0 /3~ ~."X-~ 9R.; /G~J~, , ~ZipCode: FaxNo. ~q-/~/I Bus~essPhone: ~'-/~DO ~mafladdress:fGO,'~l~lOD Board or Committee Applied for: u~A ~~ ~Jl~O GOX~~~~ Cat~o~ (if applicable): Example: Commission District, Developer, environmentalist, lay perso~ etc. Are you a registered voter in Collier County: Yes )~ No Do you currently hold public office? Yes if so, what is that office? no DO you now serve, or have you ever served, on a Collie.r County board or committee? Yes ~'~ No . lfyes, pleaselistthecommittees/boards: ~'/';zL /-JC/~f ~ ~'..~'xD/gI)r~ l ~ OL¢(.,/,/, ~_t~L ~ {'~. (.) Please list your community activities (civic clubs, neighborhood associations, etc. and positions Experience:~~~d~ ,~.~_~ ~.~ ~/~ A~t ~/~ 6' B~ard of CotmO~ Commissioners, 330 i East Tamtami Trail, Naples, FL 34112. If you wisk, please fax your applicatiot~to (9~ I~z4-gOoz o/ e-mail to suelTIson~ colliergo):net. Tltank ),ou for t)olunteering to serve tke citlzens of Coilier County. L Board of County Commissioners ~~.~ r--~ ?~ 3301 East Tamiami Trail Naples, FL 34112 (9.41) 774-8097 Fax. (941) 7'/4-3602 Name: ~'~'~ c,,,~ Home Address: tax No. ~(o Application for Advisory Committees/Boards ~ \~'~ Home Phone: B~ess Phone:. ~ -~ O0 e-mU address:~~ ~'~ Bminess: ('.oX\~'-C Board or Committee Applied for: Category (if applicable): Eumpie: Comminaioa Distr~t~ ~evclol~r, envh-onmeitllist, lay peFSOU, Arc you a registered voter in Collier County: Yes ~/ No. Do you currently hold pubLi~ office? Yes No tfso, what is that office? lfye~plesseli th¢c~mmit*eeslboards: ~,J~.~o*~C,~ x-x~sx~_~,x x ...... ~ No Please IbC your communi~ activit, ies (civic clubs, neighborhood associations, etc, and positions held: ~e.,c .~r~e-~ ('~-5,.~ ~ EdUcation: '~c.K ~-a~'r,~e~ ¢ca~ t'~ Experience: ~*cc. ~~e.~. ("e3a~ DAVID LEE ELLIS Address 9625 Deepwater Court Naples, FL 34109 (94 l) 596-4668 Furman University, BJ~. History (cum laude) Accomplishments NABOR Allied Member Rising Star - 1999 NAHB EOC New Executive Office of the Ycar - 2001 · NABOR Ad Miller Award - 2001 Community Involvement Co-Chair of the Affordable Housing Expo, 1996 - 1999 Jacksonville Homing Partnership, Board Member, 1997 - 1999 · Leadership Collier, Class of 1999 · Leadership Institute, Class of 2002 Collier County Habitat for Humanity, Board Member, 2000 - Present · Immokalee Friendship House, Board Member, 2000 - Present · Collie~ County Rural Fringe Assessmem Committee, Chair, 2001 · Water Symposium, Steering Committee, 2002 · Collier County Affordable Housing Commission, Chair 2001/2002 · Collier County Workf-oree Housing Task Force - 2002 Work 6/99-Pres~at Executive Vice President, Collier Budding Industry Association Persona]. Wife- Su~n Firsl B~ptist Church of Naples, Meml~r OCT 0 8 AUG-IO-2OOZ 09:05 FROI~"N^PLES TITLE +10416436?44 T-??6 P.OO1/OOZ F-03O Naples Title Fax To: Sue Filson Fax #: 774-3602 From:Tim Toole Date:8/19 Pages: 2 Attached is my application for the Affordable Housing Commission. Please call me ffyou have any questions or need anything further. Thank you. Tim Toole 239-643-1844 Naples Title OCT 0 8 2002 Board of Cou.,ty Commi_~sioners 3301 East Tamhtmi Trail Naple~, FL 34112 (941) 774-8O97 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Address: Home Phone: Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes ~f so, what i~ that offtce? ~ No No ~/ I~ you now serec, or ltave you ever sel~,¢d, on · ColUer County board ar committee? If y~% please ti~t the cammittee.~ooar~: No t./ Please li~_t your commu~/ty activities(civic clubs, neighbqrhood association~, etc. and posit~on,~ __ % Pl,~.,,m~ak a~ ~.~m~dhlfontu~yaufr~lper~n~n~ l'ki~ ~ OCT 9 ~ 7C32 // EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE WORKFORCE HOUSING ADVISORY COMMITTEE OBJECTIVE: To appoint 1 person to fulfill the remainder of a vacant term, expiring on June 26, 2003 on the Workforce Housing Advisory Committee. CONSIDERATIONS: The Workforce ltmming Advisory Cemmittee was established on june 26, 2001 by Ordinance No. 2001-42 to assist staffin its study of the workforce housing concerns. This committee shall consist of 10 members froma broad base of citizens and disciplines including the Collier Bmlding Industry Association, Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer ofworkforce housing, the bo. nking community, and a land use attorney. A list of the current membership is included in the backup. Mr. David B. Carpenter resigned his seat on July 1, 2002. A press release was issued and resumes were received from thc following inte~'ted citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Esmeralda"Essi¢" Serrata I Collier Coun~ Housing Authorit~ I 5 I Yes ] None COMMITTEE RECOMMENDATION: Esmeralda "Essie" Serrata FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Cornmi~ioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners .Ak~nda Date: OCTOBER 8, 2002 OCT O B 2002 -- Workforce Housing Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Barbara A. Cacchione 566-8936 610 West Street 566-2128 Naples, FL 34108 District: 2 C. ategory: Empowerment Alliance/Planner Mr. C. Larry Keesey 597-2814 495 Chatham Circle 513-0905 Naples, FL 34110 District: 5 Category: Land Use & Development Attorney Mr. Marlo M. Valle 961 Murcott Drive Naples, FL 34210 District: 5 Categor. v: Single-family Home Builder 348-0190 Mr. David Lee Ellis 9625 Deepwater Court 596-5668 Naples, FL 34109 District: 3 Category: Executive Vice President CBIA Ms. Karen .I. Homiak 4613 Long Key Court Naples, FL 34112 District: 1 Category: Civic and Small Business Mr. David B. Carpenter £ff~;~ 4900 Biscayne Drive, #8 1. I ~"-- Naples, FL 34112 District: 1 Category: Civic/Elections Support Manager 10/23/01 06/26/02 05/28102 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 I Year I Year I Year I Year 10/23/01 06/26/02 1 Year 05/28/02 06/26/03 I Year 10/23/01 06/26/02 05/28/02 06/26/03 ~rednesday, ~lla), 29, 2002 1 Year 1 Year 774-4264 10/23/01 06/26/02 I Year 774-4264 05/28/02 06/26/03 I Year 435-7761 10/23/0 ! 06/26/02 774-4721 05/28/02 06/26/03 Page I of 3 I Year I Year Workforce Housing Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Mark P. Strain 404-0104 3675 Third Avenue, N.W. 455-7858 Naples, FL 34120 District: 5 Category: Property Development Manager Mr. Joe Paterno 1271 Foxtrot Court Naples, FL 34104 District: 3 Category: Workforce Development 10/23/01 06/26/02 05/28/02 06/26/03 992-8000 I0/23/01 06/26/02 643-4811 05/28/02 06/26/03 Ms. Susan M. Golden 213-1041 2264 Clipper Way 643-1696 Naples, FL 34104 District: 4 Category: Affordable Housing Background Mr. Mark L. Lindner 262-4333 2206 Majestic Court Naples, FL 34110 District: 2 Category: Affordable Housing Developer 774-~097 Ms. Donna Fiala 3301 East Tamiami Trail Naples, FL 34112 District: 1 Category: County Commissioner 10/23/01 06/26/02 05/28/02 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 10/23/01 06/26/02 05/28/02 06/26/03 TeFra 2nd Term I Year I Year 1 Year I Year 1 Year 1 Year I Year ! Year 1 Year I Year Wednesday, ~llay 29, 2002 Page 2 of 3 CCTU 2002 Workforce Housing Advisory Committee Work Phone /lppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 10 member committee was established on June 26, 2001 by Ordinance No. 2001-42 to assist staff in its study' of the woddmce housing concom& This committee shall consist of 10 members from a broad base of citizens and disciplines including the ~ BoUd/~g Industry Association, the Hotel/Motel Association. American Subcontractors, Bored of Realtors. a cuwent developer of workforce housing, the banking community, and a land use attorney. On 5/28/02 the BCC adopted Resolution 2002-228 extending the terms for I year. FL STol T Staff: Cormac Giblin: 403-2326 IVedn~sday, May 29, 2002 Page $ of 3 filson s From: giblin_c Sent: Monday, September 23, 2002 2:47 PM To: filson_s Cc: Baker_D Subject: Housing Commission Nominees Sue, At the 9/16/02 Workforce Housing Advisory Committee meeting the Committee voted unanimously to recommend that the BCC appoint Esse Serrata (the one and only applicant) to the committee. At the 9/19/02 Affordable Housing Commission meeting the Commission voted unanimously to recommend that the BCC re-appoint David Ellis to the Commission for another term. Cormac Giblin Housing Development Manager OCT 0 8 2002 MEMORANDUM DATE: TO: FROM: August 19, 2002 Elections Office ,~ Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. WORKFORCE HOUSING ADV COMM COMMISSION DISTRICT Esmeralda "Essie" Serrata 603 Nassau Street, #4 Immokalee, FL 34142 Thank you for your help. filson s From: giblin_c Sent: Wednesday, July 17, 2002 2:39 PM To: filson_s Cc: ~Housing Advisor' Committee Vacancy Subject: The Workforce Housing Advisory Committee has a vacancy that r~-"-'-'-'-'-'-'-c~ to be advertised and filial. David Carpenter's resignation was accepted by the committee at their July 1st mtg. Cormac Giblin Housing Development Manager OuT 0 8 2002 MEMORANDUM DATE: TO: FROM: August 19, 2002 Cormac Giblin, HUI Manager Sue Filson, Executive Manager~ Board of County Commissioners7 Workforce Housing Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Esmeralda "Essie" Serrata 603 Nassau Street,//4 Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments OCT 0 8 2002 August 7, 2002 Sue Filson Executive Manager to BCC 3301 Tamiami Trail East Naples, Fl. 34112 Dear Ms. Filson: ~ Please accept this letter as my interest to serve on the Workforce Housing Advisory Committee. The Collier County Housing Authority is an important partner in meeting the housing needs of the County' and could be an important asset to the Committee. We currently serve over 1000 Iow-income 'families in the county through U.S.D.A~ Farm Labor Housing Program in Immokalee and our Countywide Section 8 Rental Assistance Program. Enclosed please find my resume for you consideration. Sincerely, . Esmeralda "Essie" Se~ v, aa Interim Executive Director ES/er Collier County Housing Authority * 1800 Farm Worker Way * Imm&alee, Florida 34142 * (941) 657-3649 * - FAX (941) 657-7232 ESMERALDA 'Essie~ SERRATA 603 Nassau Slreet, #4 - Immokalee, Florida 34142 (941) 657-5838 · essies630@aol.com Community leader with ten plus years of progressively responsible housing related asset man~ experience. Knowledge of state, federal and local regulations governing public housing programs, pmson~ more profg~nt in U'e U.S. Depariment of Agriculture's Farm Labor Housing program end the Sec~on 8 Rental Assistence program subsk~ed by b'~e U.S. Department. of Housing and. Urban Development. Demonsbated performance, of achieving~ organizational ob~ through sbong in~est,, dedicab~ leadersh~,, communication and interpecsonal skiils~ Proven abir~y to work and communicate eff~. elY with bo~ the private and public sector. Education Highlights of Training Intemational College, Naples, Florida Bar, hek~ of Science in Business Administration, 2001 · IFAS Community Leadership De~ Program University of FL - Cooperative Ex[ Sen'ices - 1992 Dun & Br'-adstreet Business Education ServiCes .- 1992 Professional Certifications · Cerl~fied Public Housinq Mana,qer (PHM) .~ National Association of Housing & Redevelopment Officials - 1994 · Executive Director Education Proqram Public Housing Authorities Directors Association & Rutgers University of the Slate of NeW Jersey - 2002 Expedence their role in the Section 8 Program. Interim Executive Director, Collier County Housing Authority (CCHA), October 2001 - Present ' Promoted to oversee all o5 the Housing Authority's programs and activities. Provide leadership in the planning, directing and implementaUon of all Housing Au~o~ business dealings. Execu~ng managerial responsibiliUes over assigned staff to ensure efifcient operations..... ' ~ ' .' Section 8 Coordinator, 'CCHA, April 2000 _ Sept. 2001 ~ ~e daily opera~..ns of the Section 8 RentalAssistance Program that served'400 plus families Col#er county-wide, Umt receives over Z5 million dollars in funding, managed a staff of three and directed, coordinated' and monitored the FatuiTy Serf-SufficienCY .program end Housing Quality InspecUons in conjunction to 2002 Esmeralda "Essie' Serrata Resume · Page Two ExpeHence (continued) Assistant to the Executive Director, CCHA, Oct. 1994 -April 2000 Provided key administra~ve support to the ExecuSve Director in his administration and management of the agency including the creation and development of farm labor housing and advocating for affordable housing. Part of the E~ecuSve Management Team and worked, collaboratively with division heads to ensure compliance of policies and ragula~ns of our housing programs, related services and developing and improving opera.ns to achieve common housing goals. Secretary, CCHA, Nov. 1988-Oct. 1994 Community Activities References Coalition of Rorida Farmworker Orqanization Board of Director Vice-President Hispanic Hedtaqe CelebratiOn Member Vk;e-President Board of Director · Collier County Lea,que of Women Voters Member . · Immokalee Ja¥cees Member · American Association of University Women-Member · Quest For lqds Mentor · Immokalee chamber of Commerce Member Board of Director *' · Miss Immokalee Board Available Upon Request 1996 - Present 1999 - Present 1991 - Present 1992 - 1996 1996 - Present 2000-Present 1992- 1993 2002 - Present 2001- Present 1999 - Present 1992 - 1997 1994 - 1997 1993-1994 OCT 0 O 2002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD OBJECTIVE: To appoint 1 member to serve a 3-year term, expiring on October 1, 2005 on the Historical/Archaeological Preservation Board. CONSIDERATIONS: The HistoriedArehaeologieal Preservation Board is a 7-member board vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commi~ioners. Terms are 3 years. A list of the current membership is included in the backup. The terms for Thomas W. Franchino and John W. Thompson expired on October 1, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY Thomas W. Franchino I Real Estate/Land Development COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE DIST ELECTOR ADV. COMM. 2 Yes I Historical/Archaeological Preservation Board Thomas W. Franehino Reappointment GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 8, 2002 AC.,Eno&rrEM OCT ,,9 8 :c.u_ Memorandum TO: FROM: Sue Filson, Executive Manager Board of County Commissioners Ray Bellows, Chief Planner Current Planning Section DATE: September 23, 2002 SUBJECT: Historic Preservation Board Vacancy Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to thc vacancy on the above referenced advisory committee. The Preservation Board has received the resume from Thomas W. Franchino. Based on the Preservation Board's review of the applicant's resumes, they have recommended to reappointment of Thomas W. Franchino to fill the Archaeology vacancy. If you have any questions concerning this matter, please do not hesitate to contact my office. RVB/rb Joe Schmitt Susan Murray Community Development & Environmental Services Division Planning Services 2002 Historical/Archaeological Preservation Board $~zme Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Diane M. Gonzalez 809 Walkerbilt Road, Suite 3 Naples, FL 34110 District: 2 Category: Citizen-At-Large 649.0088 09/01/92 10/01/95. 3 Years 4a4-86~ 10/23/01 I 0/01/04 3 Years Ms. $oanne Marro Quinn · ~4102 ~qi~l District: 4 Category: Citizen-At-Large Mr. Alex Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: History 774-2428 Mr. Thomas W. Franchino 263-8357 183 Westwood Drive Naples, FL 34110 District: 2 Category: Real Estate/Land Development Mr. William J. Dempsey 1836 Harbor~ Naples, FL 34104 District: 4 Category: Citizen-At-Large 649-49OO 417-5683 Mr. William J. Tyson 732 Hemando Drive Marco Island, FL 34145 District: 1 Category: Landscape Architect 394-O800 03/24/98 10/01/98 7 mo. 10/23/01 10/01/04 3 Years 09/01/98 10/01/00 2 Years 10/10/00 10/01/03 3 Years 07/31/01 10/01/02 I Year 10/10/00 10/01/03 3 Years 09/08/98 10/01/00 2 Years 10/10/00 10/01/03 3 Years I~'ednesday. October 24. 2001 Page I of 2 Historical/Archaeological Preservation Board Name Mr. John W. Thompson 576 Retreat Drive, Apt. 202 NapEs, FL 34110 Dislrict: 2 Category: Archaeology Work Phone Appt'd Ex7~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 10/15/96 10/01/99 3 Years 597-2269 10112/99 10/01/02 3 Years This 7 member committee was created by Ord. No. 91-70, and repealed and emended by LDC Div. 1.22.1 Ord. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commissione~ Membership is composed of 7 members from the following categories: a. history; b. archaeology; c. Real Eslate, land developme~ orfinance; d. arttiilectu~ e. lawor urban planning; and, f. 2 FL STAT Sta.~.- Ray Bellows, Planning Services Director:. 403-2400 · ~ednerday, October 24, 2001 Page 2 of 2 ^ C, END rrEM MEMORANDUM DATE: September 9, 2002 TO: FROM: Elections Office Sue Filsort, Executive Manager~]~l Board of County Commissioner~' ' Voter Registration- Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one oftbe county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLOGICAL PRES BD ..COMMISSION DISTRICT Thomas W. Franchino 183 Westwood Drive Naples, FL 34110 Thank you for your help. CCT O 8 2002 ~. ,5' MEMORANDUM DATE: TO: FROM: September 9, 2002 Ray Bellows, Project Planner Sue Filson, Executive Manage~ Board of County Commissionetg Historical/Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Thomas W. Franchino t 83 Westwood Drive Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. l~la~e catt, garize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments LAW OFFICE OF THOMAS W. F'RANCHINO, SUITE 106 I~'SO NORTH TAMIAMI TRAIL NAPLES, FLORIDA 3410a TELEPHONE (230) 2~3-83S7 TELECOPIER (23~) 2~3-0445 August 27, 2002 Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Historical/Archaeological Preservation Advisory Board Dear Ms. Filson, Please consider this letter as my request for re-appointment to the Collier County Historical/Archaeological Preservation Advisory Board. As you may recall, I held the seat, which is now vacant, fi.om October 1996 through June 2000, and fi.om July 31, 2001 to the present. I have enclosed a copy of my resume. I am also a member and Director of the Southwest Florida Archaeological Society~ and representative to the Florida Anthropological Society. Thank you for your attention to my request. Thomas W. Franchino q _ Name: Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards TttOHAS W. FP~CHINO Home Phone: 513-9663 Home Address: 183 WEST~OOD DRIVE, NAPLES, FL ZipCode: 34110 263-0445 Business Phone: 263-8357 LAW OFFICE OF THOMAS W. FRANCHINO, P.A. Fax No. Business: e-mail address: Board or Committee Applied for: HISTORICAL ARCHAEOLOGICAL PRESERVATION ADVISORY BOARD Category(if applicable): REAL ESTATE DEVELOPHENT Example: Commi~lon District, Developer, eavironmeataliat, lay peraoa, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No ]{ If so, what is that otTtce? Do you now serve, or have you ever served, on a Collier County board or committee? Yes XNo lfyes, please list the committees/boards: T Now .~F~X;E a~3 IN T~ p~T WaVE SERVED SEVEF-~ TEILMS, ON THE HISTORICAl, ARCHAI~.OT.OC-TCAI', 'p'R~RFI~X/_aTT~ _a_T',,X?T_$ORY _~9_~_?.-~. Please listyourcommunity activities(c~icclubs, ne~hborhood associations, etc. and positions held: WESTWOOD COND~MTNTUM A~CTATTO~; u~CE ~!~E~T. ~RT~ NAPT.~ T.TT~.F LEAGUE, SOUT~i4F. KT FI.~RTDA ARCWA~T.OGTCA1, R~CTETY VICE PRERTDENT. ~.ORTDA ANTMR~POLOGICAL S~CTE'T'Y REpR~NTATTVV.- Education: E~r~nce: T ~A~ ~.N ~N~A(;ED TN T~ p~A~TT~F. ~F LAW ~TNC~ I qR?: TR~. T,A~T nV ~ PaR~R m~q'~'W A~T~ R~AT. ~RTAT~ LAW A~ T.A~ B~VEI.hP~T J,AW AND T~;~UES ~ A~ g~RY ACTT~ A~ TN'I'K~V. RT~D TN ~T~T~RT~AT, A~ AR~AF. OT,O~TCAL pRE~ERVA'rION, OCT q 8 Please attack any additional lnformmton you feei pettinena Tkis ~ppllcation should be forwarded to Sue F~lson, Er. ecuti~e Manager to the Board of Cotmty Commissioners, $301 £etst T~mi~mt Tr~i~ N~ptes, FL 34112. lf you wisk, ptease f~x your appticm~on to (941)?74-$602 THOMAS W. FRANCHINO THOMAS W. FRANCHINO, P.A. 1250 TAMIAMI TRAIL NORTH SUITE 106 NAPLES, FLORIDA 34102 (941) 263-8357 EDUCATION: PROFESSIONAL EXPERIENCE: University of Kansas School of Law, Lawrence, Kansas (J.D., May 1982) University of Illinois, Champaign/Urbana, Illinois (B.A., May 1975) Major - political science Minor - psychology June 1998- present Shareholder Law Office of Thomas W. Franchino, P.A., Naples, Florida AREAS OF PRACTICE: LICENSES: June 1995- May 1998 Shareholder Franchino & Rawson, P.A., Naples, Florida June 1992 - June 1995 Shareholder Lehman, Franchino, & Rawson, P.A., Naples, Florida March 1988 - May 1992 Associate and Shareholder Siesky and Lehman, P.A., Naples, Florida August 1982 -November 1986 StaffAttomey Mid-Minnesota Legal Assistance, Inc., Minneapolis, Minnesota January 1982 - May 1982 Student Director Douglas County Legal Aid Society, Lawrence, Kansas Civil Litigation Practice with emphasis in appeals, local government, civil right torts, eminent domain, creditors' remedies. State of'Minnesota (October 1982) U.S. District Court- Minnesota (January 1983) State of Florida (October 1987) U.S. District Court - Middle District of Florida (July 1988) U.S. Court of Appeals - Eleventh Circuit (September 1993) EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on October 1, 2006, on the Lely Golf Estates Beautification Advisory Committee. CONSIDERATIONS,: The Lely Golf Estatea Beautification Advisory Committee assists and ~dvises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the backup. There are currently 3 vacancies on this committee. The terms for Robert J. Weyers and Robert M. Selbodnik expired on October 1, 2002 and Mr. George C. Pearson resigned on May 20, 2002. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT. CATEGORY DIST ELECTOR ADV. COMM~ Ron Torp MSTU District 1 Yes None -Charles Krout, Jr. Resides outside of district 1 Yes None -Robert M. Seibodnik MSTU Districl 1 Yes Lely Golf Estates Advisory REAPPOINTMENT Committee COMMITTEE RECOMMENDATION: Ron Torp -New Appointment - Robert M. Selbodnik - Reappointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION.: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution con/u-ming the appointments. l~repared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 8, 2002 To: From: Date: Subject: Memorandum Sue Filson, Executive Manager Board of County Commissioners Bob Petersen, Project Manager Transportation Landscape Maintenance September 30, 2002 New Lely Golf Estates Beautification MSTU member The Lely Golf Estates Beautification MSTU, at their regularly scheduled meeting on September 26, 2002 at 4:00 p.m. in the Road Maintenance Conference Room, reviewed the Resumes of Ron Torp and Charles Krout Jr. It was determined that Charles Krout Jr. lives outside of the MSTU boundaries and is ineligible. The committee voted unanimously 3-0, to accept Ron Torp to the committee. Also at this meeting Bob Slebodnik, who is currently a member of this committee and the current Chairman, is one of the committee members whose seat expires on October 1, 2002. Mr. Slebodnik stated that he never received a notice that his term expired, but that this was probably due to his being out of town and having his mail held, and that he wished to continue on as a committee member. The committee voted 2-0-1 (abstained) to have Mr. Slebodnik stay on the committee. There is still one seat vacant on this MSTU Advisory Committee, that which George Pearson held until he resigned earlier this summer. Michael A, Efelamaki, P,E. Road Maintenance Director Transportation Operations Department Name Lely Golf Estates Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William C. Erickson 136 Pebble Beach Circle Naples, FL 34113 District: l Category: Mr. Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 District: 1 Category: Mr. George C. Pearson 4', 158 Pinehurst Circle ~"Y Naples, FL 34113 District: 1 Category: Mr. Robert J. Weyers 109 Big Springs Drive Naples, FL 34113 District: 1 Category: Mr. Robert M. Selbodnik 32 Pebble Beach Boulevard Naples, FL 34113 District: 1 Category: 263-2810 01/12/99 10/01/01 2 Years 10/09/01 10101/05 4 Years 12/17/91 10/01/93 2 Years 10~09/01 10/01/05 4 Years 10/01/87 10/01/89 2 Years 775-3355 10/09/01 10/01/05 4 Years 02/11/92 10/01/94 2 Years 793-1147 1/12/99 10/01/02 4 Years 775-3491 02/27/01 10/01/02 1.5 Years I~'rednesday, October 10. 2001 Page 1 of 2 $ Lely Golf Estates Beautification Advisory Committee Name Wor~[' Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-69 to prepare and recommend an itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of County Commissioners in carrying out the services of the taxing unit. Membem must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. rr srAr. ]25.0] ,~Taffi Mike-E-e~, Senior Secretary, Transportation: l~'edn~day. October 10. 2001 Page 2 of 2 p~. ~ MEMORANDUM DATE: TO: FROM: August 19, 2002 Bob Petersen, Landscape Engineer II Transportation Department ~ Sue Filson, Executive Manag~ :\ Board of County Commission~) ° Lely Golf Estates Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ron Torp 349 Pinehurst Circle Naples, FL 34113 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774--8097. Thank you for your attemion to this matter. SF Attachments Board of County C,o,. ~nl~i~!~ners r-~~ $301 East Tamia~.-.~-~il ' Napl~ FL ~I12 F~x: (94~) Application for Advisory Committees/Boards Catego~' (ifappli~bte): / A~ you a re~tered voter in Co.er Count: Yes ~ No Do you currently bold public of~? Yes No ]fyi, p~ I~ the ~i~~: Please liz. t your communit~- aclivitiesA:civic clubs. ,~ighborboed associations, etc. and positions ~. , 0 ' .-- New Pa~e 1 11:~1 .Code: S ~ /1~ http'~/ww~.colIiergov.net/bcc/adviso~%20application-htm 9/2002 October 1, 2002 ~ :. :,2~VEO SOL!~':T'¢ i/:J: r:,..'j.L!R OFFtCE OCT - 1 2002 Mr. James Mudd Collier County Administrator 3301 East Tamiami Trail Naples, Flodda 34112 ACTiON~ FiLE Via Courier Re: Resolution Opposing the Acquisition of the Marco Island/Marco Shores Utility System by the Flodda Water Services Authority Dear Mr. Mudd: On behalf of the Marco Island City Council I convey our request for the Board of County Commissioners to consider the adoption of a resolution to oppose the acquisition of the Marco Island/Marco Shores Utility Systems by the Flodda Water Services Authority. For the past year our City has been involved with the Flodda Governmental Utility Authority's (FGUA) proposed acquisition of Florida Water Services (FWS). Water and sewer utilities serving within the corporate limits of Marco Island and in the unincorporated area of Marco Shores (Hammock Bay) are among the 152 utility systems located throughout the state that are currently owned and operated by Flodda Water Services. We have and continue to support the FGUA acquisition for a number of sound reasons. We have invested a substantial amount of time and money conducting the required due diligence to satisfy ourselves that these systems can be acquired by the FGUA and ultimately transferred at cost to the City of Marco Island, if that is the City's desire. On September 19, 2002 the parent company of FWS, Allete, announced the sale of the statewide assets of FWS to the Flodda Water Services Authority (FWSA). This Authority was created by two small communities in the panhandle with a combined population of about 14,000. The cities of Gulf Breeze and Milton formed the Authority for the purpose of acquiring Florida Water Services. These actions were taken, in our opinion, without a lawful determination of "public purpose," without public input from local governments and customers currently served by the FWS systems, and without adequate engineering and financial due diligence. You may be aware that the Marco Island/Marco Shores system represents about 21% of the FWS assets. Our water rates are among the highest in the state. We have satisfied ourselves that the purchase pdce offered to FWS by the FGUA is adequate to 50 Bald Eagle ~ri,'e, .~1arco ][slantl, Florit4a (941) 589-5000 FA.X (941)58%4559 OCT - 8 2002 Mr. James Mudd, County Administrator October 1, 2002 Page 2 fund required regulatory defidencies and the five-year capital improvement plan required by our systems. We do not believe the purchase pdce offe~ by the FWSA can support the bond issue and the required operating costs and capital improvements without a rate increase. You should also know that the newly formed Florida Water Services Authority is required to pay 2% of the gross revenues collected to the City of Gulf Breeze. Gulf Breeze is required to remit 20% of their collection to the City of Milton. As such, the residents of Collier County will pay water and sewer bills to support the general operations of those two cities. Local governments throughout the state are voicing strong objections to this proposed transaction. Many, including the City of Marco Island, are developing litigation strategies. In the meantime, we are attempting to persuade the elected officials of Gulf Breeze and Milton to rescind their action. We respectfully request that the Board of County Commissioners consider the attached resolution opposing the formation of the Flodda Water Services Authority and the acquisition of Florida Water Services statewide assets. For your information, I am enclosing a copy of a letter written by Council Chairman Tucker to the elected officials in Gulf Breeze and Milton. I am also attaching a copy of an editorial published in the Orlando Sentinel and an editorial published in the Marco Island Eagle. We have dozens of other news clippings on this issue from throughout the state. Let me know if you would like copies. Thank you considering our request. Sincerely, A. William Moss City Manager AWM/bal Enclosure(s) cc: City Council C;:..:i - u 2:[~2 RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REQUEST THE CITIES OF MILTON AND GULF BREEZE RECONSIDER THEIR ACTIONS TO ESTABLISH A UTILITY AUTHORITY AND ACQUIRE THE ASSETS OF FLORIDA WATER SERVICES, INC. UPON THE DETERMINATION THAT THE ACQUISITION OF THE MARCO ISLAND/MARCO SHORES SYSTEM BY SUCH AUTHORITY IS NOT IN THE PUBLIC INTEREST. WHEREAS, the Board of County Commissioners of Collier County, Flodda (the "Board") has been apprised that the City of Gulf Breeze, Flodda and the City of Milton, Flodda have collaborated with Flodda Water Services, Inc. and its parent, Allete, Inc., without notice or consultation with the Board or with the City of Marco Island or other affected local governments throughout the State of Flodda to create by inteflocal agreement a separate legal entity known as the "Florida Water Services Authority" (FWSA) for the purpose of acquiring all of the water and wastewater utility facilities owned or controlled by Allete in the State of Florida.; and WHEREAS, the Gulf Breeze and Milton have collaborated to create an Authority that will pay to Gulf Breeze an amount equal to not less than two percent (2%) of the annual gross revenues of the utilities throughout the State of Florida, but in no event less than $1,500,000 each year; and WHEREAS, the creation of the FWSA did not include meaningful notice or input by the public, including the affected citizens in Collier County, the Collier County Board of Commissioners, and other local governments throughout the State of Flodda; and WHEREAS, the City of Marco Island has endorsed the FIodda Governmental Utility Authority acquisition process that has taken place for the past twelve months and believes that the FGUA transaction is in the best interests of the utility customers. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Collier County, Flodda that: Section 1. The Board of County Commissioners of Collier County, Florida does not consent to the Flodda Water Services Authority transaction. Section 2. The Board of County Commissioners of 'Collier County, Florida urges the elected and appointed offidals of the cities of Milton and Gulf Breeze to recognize that the takeover of 152 utility systems, all of which are beyond the jurisdiction of the two cities, will have adverse consequences upon these systems and the people of the host government communities. ~ ..... OCT - 8 2002 Section 3. The Board of County Commissioners of Collier County, Flodda respectfully requests that the dries of Milton and Gulf Breeze recognize that the creation of the Flodda Water Services Authority is not in the public interest and will not benefit the public served by the Flodda Water Services systems in Collier County. This Resolution Approved and Duly Executed this~ day of 2002. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy James N. Coletta, Chairman Approved as to form and Legal sufficiency: David C. Weigel, County Attorney OCT - 8 ~.tt September 23, 2002 VIA FEDERAL EXPRESS Re: Florida Water Services Letter to elected officials in Gulf Breeze and Milton, Florida: On behalf of the Marco Island City Council and the citizens and of our community, I respectfully request that you reconsider your decision to form and participate in the recently created Florida Water Services Authority (FWSA). The decision to acquire the statewide assets of Florida Water Services, Inc. (FWS) has significant and detrimental implications for our community, and other cities and counties throughout the State of Florida. We believe that the elected officials of Gulf Breeze and Milton acted in what you believed to be in the best interest of your communities and in those jurisdictions currently served by the privatel.v owned utility. While we are not in a position to judge the benefits to your city, we advise unequivocally that the transaction will have deleterious affects upon our community for many years to come. We are also certain that your fine city will be subject to many and serious unintended consequences that will not be worth any financial gain that you may anticipate. You may not be aware that our city has among the highest water rates in the state. Our utility system represents 21% of the FWS assets. We have, for four years, evaluated alternatives to address several significant issues: high water costs; lack of a citywide wastewater collection system; insufficient and inferior water supply sources; and an inadequate re-use water distribution system. Our system, in many respects, is marginal and requires extensive repair and replacement. For nearly two years we attempted to negotiate a long-term agreement with FWS to stabilize rates and to improve the systems. The drafting of a negotiated agreement ended when Allete, Inc. decided to sell FWS. During this time, we also adopted a resolution to initiate acquisition of the system through the powers of eminent domain. When the Florida Governmental Utility Authority (FGUA) was granted exclusive rights to negotiate with Allete the acquisition of the FWS statewide system, we actively participated in the acquisition process with the FGUA. We and 25 other jurisdictions have devoted one year toward this process and were awaiting a responsg~.rp.m__Alletr on our final offer of $450 million for the system. ~ ~ OCT -8 Our city has spent over $300,000 to study and analyze the system serving Marco Island. We are confident that we know what the system is worth, and we have obtained knowledge of the serious regulatory and capital deficiencies associated with our system. You may not have been told that there are $37 million in regulatory and capital deficiencies that must be addressed in the next five years. We agreed to the $450 million acquisition offer, with $83 million as Marco Island's share, because we believed, after careful financial analysis, that our utility system could not support a higher purchase price and maintain required cash flows to finance the purchase and keep the water rates from increasing. We are certain that the purchase price offered by the FWSA cannot be supported with current revenues from the system, nor will they support the $190 million regulatory and capital deficiencies identified by host governments served by the FWS system. Rate increases to fund your bond issue, therefore, are inevitable. There are serious problems that you will immediately be required to address. We have and continue to support the FGUA acquisition for a number of sound reasons. These include: o · Numerous meetings and public hearings have taken place in an effort to establish a public purpose and public benefit. We have participated in the process, in public meetings, and in a cooperative spirit with other cities and counties that are served by FWS. We have conducted a detailed and comprehensive engineering due diligence- process to determine precisely what we are buying. We have conducted extensive financial analysis to assure our citizens that the acquisition and the five-year capital improvement plan can be funded without a rate increase if carefully managed and operated. We are guaranteed that we can acquire the system from the FGUA "at cost." That is, the bond issues will be separated for each major system so that the bonds can be assumed by our city. The FGUA competitively bid the operations contract to assure getting the lowest price and highest quality provider. The contract was awarded to the company that offered the best price and service. The company is one of the largest utility contractors in the nation. Each jurisdiction that opts to acquire their system from the FGUA may contract with this world-class company to operate their system, at the same price as that offered by competitive bid. · · The city is able to plan and prioritize investment into the system to meet our community needs as determined by our citizens through the democratic process. · The city initiated, and the electorate passed, a charter referendum this month that would permit the city to acquire utility systems. Unfortunately, the formation of the FWSA was made without public input from local governments and citizens affected by the transaction, without determining legitimate public purpose and benefit, without adequate engineering and financial due diligence, without competitive bids for the management and operations contract, wit.h..o.._ut Ip_cal control over rates, and beyond the control of regulatory authorities. ~ ~ OCT - Please accept our assurance that we do not want the Florida Water Services Authority to acquire the Marco Island system, nor the 152 systems serving other jurisdictions, none of which are in your community. 'Consider for a moment your reaction if we acquired a utility within your jurisdiction and without your knowledge and support. Consider consequence of the takeover of your systems by an inexperienced Authority, and the loss of any form of regulatory oversight of rates and programs while taking away from you every conceivable option to own the system yourself. You are an elected official entrusted by your citizens to make the best decisions. You operate your own utility and, therefore, you know the importance of self-control. The Resolution setting up the FVVSA provides a basis for your action as 'the need and demand for public ownership." Your actions have taken that option away from us. You have never had experience with FWS as a utility operator and imply that we should be comforted by the fact that they will continue to be in control of the operations of our system. In fact, FWS has consistently failed to provide the kind of service required by our growing community. They have left us in a situation where urgent projects are needed to replace failing equipment and extend supply sources to meet our needs, a testimony to poor planning, improper maintenance and careless disregard for their legal franchise obligations. A continuation of this service is of no solace to us. Thank you for considering our request. We are available to meet with you at your earliest convenience to further discuss our request. Sincerely, E. Glenn Tucker Chairman, Marco Island City Council cc: City Council OCT -8 20O2 OrlandoSentlnel.com: Uplmon Page Article Search: i ~i Delailed Search Tuesday, September 24, 2002 Orlando Sentinel Free' Installation lille of & Standard , ~ Home Security System News Sports Business Entertainment Weather Opinion · John Bersia Peter Brown Mydarn Marquez Kathleen Parker David Porter Manning Pynn Dana Summers Letters to the Editor Lifestyle Travel Multimedia Jobs Cars Homes Apartments Relocation Guide General Classifieds Place a Classified Ad Announcements Shopping Newspaper Ads Member Services Maps & Directions Archive Subscriber Services Family Fund Reading by Nine Message Boards Wireless Edition F~dhack lobs I cars I homes I archive I subscribe I f b kd EDITORIAL Utilit7 a¢¢ountabiliht Posted September 24, 2002 Our position: Lawmakers need to assure Florida Water Services customers don't get soaked. ~ Em.ail~this_sJ~ry_t ;_a__frie~ d ,EL p_.ri_o[e_r_[ri_e~3~13LY_e_r~jg_n Lawyers, a Minnesota-based power and automotive conglomerate and the tiny Panhandle cities of Gulf Breeze and Milton stand to make millions from the pending sale of Florida Water Services. But what about the company's consumers - more than a quarter-million strong in 27 counties, including 60,000 customers in Central Florida? What's in it for them? Really, who knows? Duluth-based Allete Inc., parent company of Florida Water Services, has been trying for years to unload the troubled water-and-sewer utility, which charges some of the highest rates in the state for what many customers consider mediocre service. A government-created entity had been negotiating with the company for more than a year to buy the utility and sell it back to local governments. But that deal stumbled when local government officials balked at the utility's price tag. That's when Gulf Breeze jumped in, having recruited a minority partner in neighboring Milton. Unbeknownst to most Florida Water Services customers, the two cities created their own government utility last week and, on the same day, offered Allete $507 million for the utility. There was notice of the meeting in the local paper - though not in the 27 counties that Florida Water serves. AIlete was ecstatic, intent on sealing the deal by December. Already, key lawmakers have pledged to rewrite state laws that allow local governments to own utilities with no regulatory oversight. But the Legislature doesn't convene until next spring. And Allete wants the cash now to invest in other corporate ventures or retire outstanding debt. if lawmakers demand more accountability from Gulf Breeze and Milton, they could affect the sale. ADVi MI t~ Get t Gulf Breeze and Milton similarly want to consummate the deal because they expect to realize $1.5 million a year in utility profits. That's no small change for two cities that aren't Florida Water customers and whose combined po,oulations are about the size of Longwood .... ___ And what about consumers? OCT -~,~ Well, rates won't go up for three years, at least not any more than a pre-arrarf~ed inflation index. That gives local elected officials an opportunity to-le;vy~-utility__ http://ww.../orl-edped241092402sep24(0,5187645).story?coll=orl%2Dopinion%2Dheadline 9/24/2002 Orla~ndoSentinel.com: Opinion Page 2 ot z FAQs ~_[ve Traffic Enter keyword(s): DETA~E[~_6E~__R_CH_ surcharge if they want, an attorney for Gulf Breeze says. And after that? Well, the government utility controlled by Gulf Breeze plans to create a rate board that will include a representative from an unspecified regulatory agency, a consumer representative and maybe an environmentalist. Who knows what Florida Water customers will pay then? Sweet deal, right? Maybe if you're one of the lawyers brokering the deal. Or an investor in Allete. Or a resident of Milton or Gulf Breeze. As for Florida Water customers, they long only for accountability, reliable service and stable rates. Lawmakers should ensure as much. Copyright © 2002, _Q_rl_a_n_d_q_S. entinel Feedb_a~_ I ~Le Index I A_rchive I Newsroom Contacts I Terms of Service_ I Work For Us I Advertise Online I Advertise tn ~e Newspaper I Start a Newsoaoer Subscdotion I privacy Policy 2002 Od, OCT - 8 2002 http-.//ww.../orl-edped241092402sep24(0,5187645).story?coll=orl%2Dopinion%2Dheadline 9/24/2002 Ediiorial: Marco should seek injunction to stop Florida Water sale Page 1 of 4 Site sections... [~ page Classified GoShopNaples J ........................... ~ Front J I Marce J MARCO ISLAND EAGLE [] ~ ~) Harco.~ror~t I tqarco__arcb. L~e I help Editorial: Marco should seek injunction to stop Florida Water sale Wednesday, September 25, 2002 Eagle staff Hartha MARCO ISLAND REAL ESTATE: H o_me_S_ell__e_r_ Find the home that's right for you RESTAL~RAN~S: .Be_~La_u.._ra_n_t ~ uj_d_e._ A complete list of Marco Island area restaurants Florida Water Services has set a new standard for duplicity. The water and sewer company has walked away without notice from a year of negotiations to sell its assets to Florida Governmental Utilities Authority. FGUA represents Marco Island and other Florida cities and counties where the systems are located. Classified Southwest Florida's Job Leader! Top Jobs Hot Properties Hot Cars Instead the company is selling the 152 systems to another utilities cooperative created by two small Panhandle communities at the instigation of Florida Water Systems. The swiftness of the act was breathtaking. And the brazenness -- the company approached the two communities, the new cooperative is named Florida Water Systems Authority and the company will stay on to manage the systems -- should be enough to alert the Legislature to the need to regulate such cooperatives that are formed under state statute. Given the slick way Florida Water Systems has acted, it's tempting to believe it snookered Gulf Breeze and Milton into a deal that gives the company more money than FGUA, and Marco Island, were willing to pay while still retaining the right to run the systems. If you can dream IL.. But that would be naive. No doubt those two communities saw a way to make easy money. And they weren't above using reports generated by FGUA to justify their cozy deal. So now, it's up to the state to look into the legality of this deal and whether state Sunshine laws were violated to accomplish it. Marco and the other cities and counties shouldn't wait, though, for the state to act. They should move as boldly as Florida Water Services has repeatedly done now and in the past, and immediately seek an injunction S_hop . http://www.marcoeagle.com/O2/O9/marco/d826191 a.htm 9/25/2002 Editorial: Marco should seek injunction to stop Florida Water sale Page 2 of 4 to halt this sale. No doubt Florida Water thinks it has outmaneuvered Marco and expects to milk this cash cow for years to come through rate increases. But in the past Marco, which has been a thom in FWS's side throughout the year-long negotiations, has shown it is not some docile milk cow. Format this story_ for orinting. Search our archive for related stories: ! i advanced_..r_c_h_ Navigation: GQ__to_todaY~s_~a~co section_f_[ont C~to o u_r_7_- d a y__Ha rcQ_ arc b. iye Go to another section... Also in this week's Marco Island Eagle: 'peanut Butter Pit' halos build character at ^ngler's Outlook: Hurricanes. storms only and)er'5 cause for concern Art League to ooen its fall season October At the Novies: Hawn. Sarandon interactio~ i~n~ 5anger Sisters a treat Books for the Beach: New children's novel goo~ fcr young, old alike Caori residents, firefighters join forces in Ce&sus: More than 5.000 moved to NarcoS~vz~ Code board to take uo Progressive storage~Ss~ Dear Pharmacist: "Yogether Rx' can halo semo_r3 afford medicine Eagle seeks weather monitor Editorial cartoon Editorial: Narco should seek injunction to sto~ Florida Water sale Estate Planning: Take advantage when foun~ w[l;h worthless securities Ethics and Civility_: Exoectations for a Deflect marriage can lead to divorce [:ire Deoartment eels new Web site Following Sea: .lust look UP for your local forecast, the sky doesn°t lie Free mulch signals more orogress for Taroon BaY Guest Commentary: Council Chairman urges tit:leS' CO-DO to reconsider Florida ... Health and Nutrition: Imbalanced blood sugar levels can cause nerve damage Island Profile: Film-maker makes family-friendly movies on Narco Island Views: Should the city_ oay for beautification north of the ~ludge S.S .... Island Voices It's the Law: In contracts, the intent of the Oarties governs Lately: What does the future have in store for luggage? Locals lend a hand to ba_e trash in Coastal Cleanu~ Looking Ahead: Are you uodatinn your life insurance coverage? Managing Money: Annuities may held manage income during retirement Harco businesses _~ive back to community Marco tries to halt Florida Water sale Nation Nicolay: It's all in the kitchen Hemorandum I Const uCtiOxi' :H ~ share~ I Naples Fert"~ and Garden Circulation Home Delivery http://www.marcoeagle.com/02/09/marc°/d826191 a. htm OCT -8 2002 9/25/2002 RESOLUTION NO. 02 -~ A RESOLUllON OF COLLIER COUNTY, FLORIDA, DIRECTING AND AUTHORIZING THAT NOlqCE BE GIVEN IMMEDIATELY TO THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA; TO THE CITY COUNCIL OF THE CITY OF MILTON, FLORIDA; 1'O THE FLORIDA WATER SERVICES AUTHORITY, TO ALLETE, INC., AND TO THE FLORIDA PUBUC SERVICE COMMISSION, THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY HAS CONCERNS REGARDING THE PROPOSED SALE OF WATER AND WASTEWATER SYSTEMS OWNED BY FLORIDA WATER SERVICES, INC. TO THE FLORIDA WATER SERVICES AUTHORITY; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN:rY, FLORIDA, that:. SECTION 1..Expression of COncem.~. A. The Board of County Commissioners of Collier County, Florida (the "Board') has recently become aware that the City of Gulf Breeze, Florida, ('Gulf Breeze') and the City of Milton, Ftodda ('Milton') within a very short period of time have agreed with Rodda Water Services, Inc. ("FWS') and its parent corporation, Allete, Inc. ('Allete") - without any prior notice to, or consultation with, Collier County or the City of Marco Island, or to the best of our knowledge with any other affected local governments throughout Flodda - to create by interlocal agreement pursuant to Seclfon 163.01, Flodda Statutes, (the "lntedocal Act") a legal entity called the "Florida Water Services Authority" ("FWSA"} for the purpose of acquiring title to 152 water and/or wastewater utility systems owned by Allete ~roughout Florida. One of these systems is located in the City of Marco Island and one other system is located near the City of Marco Island, but in unincorporated Collier County. These two (2) utility systems are regulated by the Collier County Water-Wastewater Authority. B. Allete, Gulf Breeze and Milton have apparently agreed to a transaction (the 'Transaction') which will, among other things, pay annually to Gulf Breeze two percent (2%) of the annual gross revenues of ali of.the subject 152 systems throughout Flodda, and such annual payments will not in any event be less than 1.5 MILLION DOLLARS ($1,500,000) each year. The Board understands that these added costs will be passed on to the utility systems' customers. The Board has concerns whether these added costs will be prudent, just and reasonable. Furthermore, the Board is concerned that there are inherent conflicts of interest between Ailete, Gulf Breeze and Milton and the FWSA, which are likely to benefit them to the detriment of ail current FWS customers, including those in Collier County. First, the fact that the FWSA participants are compensated as a percentage of customer annual gross revenues means that Gulf Breeze and Milton will see financial advantage each time utility rates are increased.. Secondly, there is no advantage for Gulf Breeze to have pressed for a lower purchase pdce since it separately receives income based on the gross amount of bonds issued in connection with the purchase transaction. The higher the purchase price, the more bond transaction income that flows to Gutf Breeze. C. The Board has concerns that the creation of the FWSA and the proposed Transaction appear to have been conducted in undue haste. D. The Board has concems whether it was possible for the City Council of the City of Gulf Breeze and the City Council of the C~y of Milton, in such a short pedod of' time, to have conducted valid due diligence assessments of the physical condition of the 152 utility systems that are planned to be purchased by the FWSA, including, but not limited to, the need for clearly neCessary and very expensive capital improvements to such systems in the foreseeable future. The Board has concems whether the two cities could lawfully base any decision to purchase these 152 systems without having first rendered their own independent, objective analysis to determine the fair market value of each of the 152 systems. Furthermore, the Board has concerns that the total purchase price agreed to by FWSA of $507 million, which is $57 million in excess of the most recent offer considered to be reasonable by the Florida Governmental Utility Authority ("FGUA'), will necsssariiy increase the likelihood of short-term rate increases, the deferral of essential capital improvements, or both, meraly so Ailete may take from the sale substantiaJly more "contributed property' already paid for by the utility's customers than would have been the case under the pending Flodda Governmental Utility Authority's offer to purchase. E. The Board has concerns whether the creation of the FWSA to implement the Transaction is in the public interest. FWSA's actions may be contrary to proper public purposes and may be unconscionable, illegal, or both. The Board has concerns whether the Transaction is authorized by law and the Florida Constitution. F. The Board has concerns that the Transaction, as structured, may render the subject 152 utilily systems to be without any effective regulation if the Transaction takes place, including with regard to rates., capital improvements, and quality of service. The Board has concerns that if the Transaction takes place, whether these utility .systems will be without effective, objective, regulation that might be controlled by, 'or unduly influenced by, the officers of these utility systems. The Board has concerns whether the City Council of the C~y of Gulf Breeze and the City Council of the City of Milton have sufficient time, sufficient ability or sufficient expertise to effectively regulate and operate these 152 utility systems. Pursuant to Chapter 367, Flodda Statutes, many employees of the Florida Public Service Commission ("FPSC") have historically expended innumerable hours regulating such of these 152 utility systems that are under the FPSC's jurisdiction pursuant to Chapter 367, Flodda Statutes. The systems that are not regulated by the FPSC pursuant to Chapter 367, F.S., are regulated by five (5) Florida counties, including the Collier County Water-Wastewater Authority with regard to the two (2) systems located in Collier County. Apparently all such FPSC and Ftodda county regulation is to be t~ansferred to the FWSA: While there is a line of political accountability for the actions of the FPSC running through the Governor and the Flodda legislature and for county utility regulation through the elected County Commissioners, there will be no pciiticai accountability for the actions of the officials of City of Gulf Breeze and the City of Milton or the board members and management of the FWSA they appoint with regard to the customers of the 152 utility systems located in 27 other Flodda counties. The Board has concerns that such a lack of accountability may be intolerable. G. It appears that with regard to the utility systems that are under the FPSC's Chapter 367, F. S., jurisdiction, the Transaction requires formal approval from the FPSC pursuant to Section 367.071, Florida Statutes. The Board is interested in how the FPSC will make its decisions with regard to the Transaction. SECTION 2. Direction to Deliver Resolution. The County Manager is hereby directed to immediately provide a certified copy of this Resolution to the City Manager of the City of Gulf Breeze, to the City Manager of the City of Milton, to the FWSA, to Allete, and to the Florida Public Service Commission. This Resolution is adopted after motion, second and majority vote favodng adoption this day of October 2002. A'Fi'EST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency:. Thomas C. Palmer, Assistan~ Coun~ At/~rncy James N. Cotetta, Chairman OCT -8 2002 EXECUTIVE SUMMARY STAFF REQUEST THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DISCUSS, AT A PUBLIC HEARING, THE PROPOSED CONTENTS OF AN ORDINANCE PROVIDING FOR THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS AND INDICATE TO STAFF WHETHER TO PREPARE THE ORDINANCE FOR ADVERTISING AND ADOPTION UPON THE PASSAGE OF THE NOVEMBER 5, 2002 GENERAL ELECTION BALLOT OBJECTIVE: To discuss and direct staff regarding the preparation of a proposed ordinance providing for an Environmentally Sensitive Lands Acquisition program if approved by the electors of Collier County on the November 5, 2002 general election ballot. CONSIDERATION: On May 13, 2002, the BCC conducted a workshop on a program designed to acquire environmentally sensitive lands in Collier County. At the workshop, the Board of County Commissioners ["BCC"] agreed to consider the program for formal action at a subsequent BCC meeting. Accordingly, on June 11, 2002 a Resolution from Collier County citizens was presented for the BCC's consideration and approved. The Resolution stated that it is desired to authorize the annual levy of an additional ad valorem tax not exceeding 0.25 mill for ten [10] years to fund the acquisition of environmentally sensitive lands for the protection of water resources, wildlife habitat, and public open space in perpetuity. The Resolution directed the Supervisor of Elections to place the following question on the November 5, 2002 ballot: BALLOT CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE, WATER RESOURCE LANDS, AND PUBLIC OPEN SPACE SHALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS FOR TI-IE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE BY ISSUING BONDS UP TO SEVENTY-FIVE MILLION DOLLARS PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING ONE QUARTER OF ONE MILL FOR A PERIOD OF TEN (10) YEARS, AND BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE? The Proposed Ordinance provides for the following: OCT - L, 2002 ; I. Creation of a Land Acquisition Advisory Committee to conduct an ongoing review of all projects under consideration and to make recommendations to the BCC for acquisition. 2. Establishment of policies, procedures, standards and criteria for the acquisition of endangered and conservation lands, wildlife habitat and water resource areas. 3. That lands acquired shall be only environmentally sensitive lands. 4. Establishment of the following acquisition priorities: INITIAL SCREENING CRITERIA: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. c. Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. d. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. f. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances, Conservation Collier funds shall not be available for projects within the jurisdiction of another agency's acquisition boundaries. SECONDARY RANKING CRITERIA: Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ~:cological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer most manageable parcels). Staff is presenting a proposed implementing ordinance for discussion and adoption after successful passage of the referendum. The discussion of the ordinance will precede the election in order for the public to have more details as to how the program will be implemented, subject to the overall constraints found in the Resolution. The BCC is asked to direct staff how to proceed if the referendum passes regarding whether the Ordinance will be advertised for hearing and adoption. FISCAL IMPACT: If the referendum passes and the BCC agrees to fund the program outlined itt the Resolution, the following fiscal impacts are expected: " '..':~';.~:.'~ '~ i' .'.' ' - OCT - [., 2 I. A staff member will be required to administer the program. Costs to provide salary, benefits and incidental operating expenses are estimated at $67,000. This cost is for FY03 and assumes a position to be effective January 2003. Annual staffing expenses are thereafter estimated at $60,000 per year excluding inflation. If the referendum passes, a budget amendment will be needed to fund the FY03 cost of $67,000. 2. The 0.25 mill levy would raise approximately $8,400,000 per year, based on FY02 County- wide taxable values. This value will change in direct proportion to the change in taxable values. 3. It is the intent of the program to achieve maximum impact by partnering with other entities through the award or acceptance of grants, joint projects, and other cooperative efforts. Thus, the funds derived from the program will also be used as matching funds in order to maximize the use of public monies to the benefit of Collier County. GROWTH MANAGEMENT IMPACT: Acquiring environmentally sensitive lands will support various policies in the Conservation and Coastal Management Element. RECOMMENDATION: That 'the Board of County Commissioners discuss the attached Ordinance and direct staff to proceed to prepare the Ordinance for adoption if the November 5, 2002 ballot authorizes the levy of up to 0.25 of ad valorem taxes for a period of 10 years to acquire environmentally sensitive lands. [ \Jac~tueline Hubbard Robiri'~on \,Ja, ssistant County Attorney APPROVED BY: APPROVED BY: Ja{-nes V. Mud& County Manager David C. Weigel, County/(~tomey DATE: /c ? X- DATE: APPROVED BY: William D. Lorenz, Jr., P.E., Director Natural Resources Department DATE: APPROVED BY: DATE: Joseph K. Schmitt, CDES Administrator Community Development & Environmental Services OCT - b i 3 SEPTEMBER 30, 2002 DRAIVr ORDINANCE NO. 2002- AN ORDINANCE ESTABLISHING THE CONSERVATION COLLIER PROGRAM; PROVIDING FOR FINDINGS, PURPOSE AND INTENT; POWERS; FORMATION, DUTIES AND COMPOSITION OF ADVISORY BOARD; DURATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has studied various methods for the acquisition of environmentally sensitive land for conservation, preservation and urban green space; and WHEREAS, Collier County has Home Rule Powers established by the Florida State Legislature pursuant to Flori&~ Statutes, Chapter 125 and has the power to carry on government to the extent not inconsistent with general law; and WHEREAS, Collier County desires to provide a mechanism to equitably deal with the implementation of the Community Character Plan, the Comprehensive Growth Management Plan, which recomn~ c, nd acquisition of environmentally sensitive lands; and WHEREAS, On Tuesdav~ November 5, 2002, the electorate of Collier County authorized the County to levy a 0.25 mill ad valorem property tax for a period not to exceed 10 (ten) years, for acquisition, protection, restoration, and management of environmentally sensitive lands in Collier County for the benefit of present and future generations; and WHEREAS, Collier County's significant natural resources, productive estuaries and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many species of rare and endangered flora and fauna merit the most protection any county's citizens' could offer; and WHEREAS, It is the intent of the Board of County Commissioners of Collier County to establish Conservation Collier to implement this mandate and to support its purposes to the fullest, limiting all uses of, and all investment eamings on, such levies to such purposes; and ...... WHEREAS, the Collier County Board of County Commissioners recognizes the need for the creation of an advisory board to advise the County and the public in the implementation of the program and the selection of project sites for acquisition; and WHEREAS, Conservation Collier is a willing participant program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Name: This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Obiectives: Conservation Collier is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland communities located in Collier County, for the benefit of present and future generations. SECTION 3 - Findings: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. All ad valorem funds generated hereby shall be collected by the Collier County Tax Collector. 3. The County Manager or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4 - Purpose and Intent: 1. To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest, most unique and endangered habitats; 2. To acquire, protect and manage environmentally sensitive lands which offer the best human social value, including equitable geographic distribution, natural resource based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Collier County; OCT 20O2 3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plentiful water supplies and provide flood control; 4. To acquire, protect and manage environmentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; 5. To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and buffer the environmental integrity of the resource, and add to resource connectivity; 6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7. To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, endangered species habitat, and vulnerable rare habitats; 8. To identify Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; 9. To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource-based recreational and educational opportunities, by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved and appreciated by and for present and future generations; 10. To have the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; OCT 1 I. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match, or which would result in considerably higher funding rank in another program; and, 12. To cooperate actively with other acquisition, conservation, and resource management programs, including, but not limited to, such programs as the State of Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and Save Our Rivers program, where the purposes of such programs are consistent with the purposes of Conservation Collier as stated hereinabove. SECTION 5- Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1. "Acquisition proposal" shall mean (a) parcel(s) of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3. "Authorized Purpose" means expenditures authorized herein. 4. "Non-profit organization" shall mean an organization as defined in section 501 of the United States Internal Revenue Code, operating in Collier County, which includes among its primary goals the conservation of natural resources and the protection of the environment. 5. "Buffer land" shall mean that land which is adjacent to publicly-owned environmental land, or privately held land permanently dedicated to conservation, or that land which is an in-holding within publicly-owned environmental land, and which, if not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource. 6. "Environmentally sensitive" land shall mean that land which contains natural upland or wetland communities, native plant communities, rare and endangered flora and OCT - fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7. "Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance o f the natural resource values of environmentally sensitive lands which have been acquired or approved for management under Conservation Collier, including provision of appropriate public access. 8. "Target Protection Areas" shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. 9. "Natural resource-based recreation" shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting and fishing. SECTION 6 - Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. 1. The Conservation Collier Acquisition Trust Fund shall receive monies from the following sources: a. All monies accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation or private grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b. Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth herein. c. All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. d. Supplementation from the Conservation Collier Management Trust Fund, but only with the approval of the Collier County Board of County Commissioners. e. Up to Eighty-five percent (85%) of all ad valorem revenues collected for Conservation Collier. f. The proceeds of any property acquired with funds from the Conservation Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determined by the Board of County Commissioners, to be committed either to the Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes: a. Acquisition of properties which have been resolution of the Board of County Commissioners. approved for purchase by b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, title search work, real property taxes, documentary stamps and surtax fees, and other transaction costs. c. Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County purchasing procedures. Administrative costs shall be limited to the greatest extent possible. d. To undertake and carry out studies and analyses of county conservation land needs and ways of meeting those needs, limited to no more than $150,000.00 e. To acquire and dispose of real and personal property or any interest therein when such acquisition is necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; and to enter into all alternatives to the acquisition of OCT -,, fee interests in land, including, but not limited to the acquisition of easements, development rights, life estates, leases, and leaseback arrangements. f. Acquisitions consistent with Collier County land development regulations and the Growth Management Plan. g. To cooperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h. To borrow money through the issuance of bonds for the purposes provided herein, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof. i. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statutes. Section 215.47 as amended. j. To insure and procure insurance against any loss in connection with any of the trust's operations, including without limitation: a. The repayme~'~: c~f any loans to mortgage lenders or mortgage loans; b. Any projec'~: c. Any bonds of tile County; Insurance may be procured in such amounts and from such insurers, including the Federal Government, as may be deemed necessary or desirable by Collier County. k. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. 1. To identify parcels of land that would be appropriate acquisitions. m. To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted herein to the full extent of the law. SECTION 7 - Creation of the Conservation Collier Management Trust Fund: There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands which either have been purchased with monies from the Environmentally OCT -5 Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. 1. The Conservation Collier Management Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 2. The Conservation Collier Management Trust Fund shall receive monies from the following sources: a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed 15% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. c. Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. 3. Disbursements from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein. SECTION 8 - Land Acquisition Advisory Committee: 1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to assist the Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier. 2. Appointment and Composition: The Land Acquisition Advisory Committee shall be composed of nine (9) members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001- OCT - sZOc2 55. Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens, including: ao Environmental and conservation interests in Collier County; Agricultural and business interests in Collier County; Educational interests in Collier County; and General civic and citizen interests from throughout the county. Individual members of the Land Acquisition Advisory Committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A nominee shall submit to the Board written evidence of his or her expertise, knowledge or interest in any of the above. The members of this committee should include representatives from different areas of Collier County. 3. Terms of Office.' The initial terms of office between the individual interests, for balance purposes, Three (3) members shall serve three (3) Three (3) members shall serve Two (2) of the members shall be staggered and be set as follows: years. years. c. Three (3) members shall serve One (1) year. Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be govemed by Collier County Ordinance 2001- 55. 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for a period of one (1) year, with eligibility for reelection. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida OCT 2002 Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies: Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 2001-55, as amended. 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to the Board of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote. c. The Land Acquisition Advisory Committee shall have no power or authority to commit Collier County to any policies, to incur any financial obligations or to create any liability on the part of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed, the Land Acquisition Advisory Committee shall report to the County Commission that its business is concluded. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. OCT - 8 2002 7. Review of the Land Acquisition Advisory Committee.' The Land Acquisition Advisory Committee shall be reviewed by the Board of County Commissioners every four years in accordance with the provisions of Section Nine of Collier County Ordinance No. 2001-55, as amended. SECTION 9 - Property Eligible for Acquisition and Management: 1. Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive land Conservation Collier shall be only environmentally sensitive lands available from willing participants. 2. Acquisition of property shall not be constrained based on the immediate availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10 - Criteria for Evaluating Lands for Acquisition and Management: 1. The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria listed below under Section 2. The initial screening criteria are: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. c. l_and which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. d. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. OCT - 2002 e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. f. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances, Conservation Collier funds shall not be available for projects within the jurisdiction of another agency's acquisition boundaries. 2. Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer most manageable parcels). 3. The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of Ordinance 2002-__, Conservation Collier Implementation Ordinance, the following list is the first Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. 1. All designated Urban lands on the Future Land Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover. 2. All Collier County Natural Resource Protection Areas and Sending Lands, as Land Use Map of the Collier County Growth shown on the Future Management Plan. 3. All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. 4. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. 4. The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners, a Conservation Collier Program Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of County Commissioners, passa,ge of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SECTION 11 - Acquisition List: The overall Conser~ation Collier Acquisition List shall consist of two specific lists: the Target Protection Are;~s List and the Active Acquisition List. The Land Acquisition Advisory Comminc~~ ~,.~qd Board of County Commissioners shall approve both in accordance with the procedures set forth below: 1. The Target Protection Areas List shall consist of lands representing the highest natural resource values (such as Natural Resource Protection Areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordance with Conservation Collier goals, procedures and criteria. 2. The Active Acquisition List shall consist of criteria-qualified sites which have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have received positive responses from property owners. The Active Acquisition List shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation OCT -8 Collier criteria and for which acquisition is feasible will be placed on this list, pending approval by the Land Acquisition Advisory Committee and Board of County Commissioners. 3. Once approved by the Board of County Commissioners, the County shall actively pursue acquisition of projects on the Active Acquisition List. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the County's eminent domain powers. 4. Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12 -Nomination of acquisition proposals and candidate sites: 1. Specific site consideration will be given to all individual properties which lie within the Target Protection Areas List and which have generated a positive interest response to a letter of acquisition inquiry sent by the County or county designated contact. 2. Public and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual public solicitation meeting (described below), by any person or organization, including Collier County, regional, State or Federal agencies. 3. All nominations shall be made by filing an application with the County Manager or his designee, which will then be forwarded to designated staff and the Land Acquisition Advisory Committee for review. 4. There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications. The first such meeting will take place at the end of the first year of implementation of Conservation Collier. 5. If the applicant has an ownership interest in any real property covered by an application for proposed acquisition, such interest shall be disclosed in the same manner as required of zoning applicants, as required by the Collier County Land Development Code. This shall not apply to governmental applicants. OCT 2[B2 6. If the applicant does not have an ownership interest in the real property covered by an application or if the applicant is a govemmental agency, the name and address of the owner as listed in the Property Appraiser's records shall be provided with the application. SECTION 13 - Procedure for selection of acquisition proposals for placement on the Active Acquisition List and Subsequent Purchase Procedures: 1. Upon approval of the referendum and subsequently with each update of the Target Protection Areas list, county staff will send letters of inquiry to all property owners within these Target Protection Areas. Positive responses will be forwarded to designated staff for preliminary review, using the initial screening criteria. 2. After the first annual public solicitation of nominations, landowner and publicly nominated projects will be forwarded first to county staff for the mailing of inquiry letters. Designated staff using the initial screening criteria will review all positive responses. 3. Nominated properties that do not fulfill the purposes of Conservation Collier or do not satisfy the initial criteria will be reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least five [5] members of the Land Acquisition Advisory Committee vote for a complete evaluation. 4. Proposals which satisfy the initial screening are forwarded to the Land Acquisition Advisory Committee and staff for secondary criteria review and ranking. Staff shall send along with each proposal: boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed value, and any potentially available matching funds. This acquisition proposal information shall be the Initial Criteria Screening Report. 5. Upon completion of the Initial Criteria Screening Report, the Land Acquisition Advisory Committee shall hold a public hearing to consider the recommendations regarding each site, the applicants' and/or landowners' comments, and comments from the public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shall not invalidate_these OCT -8 21)1)2 proceedings. The Land Acquisition Advisory Committee shall evaluate all qualified proposals using the secondary ranking criteria, the Initial Criteria Screening Report, and public comments, then propose top-ranked proposals for the Active Acquisition List at this heating. Subsequent meetings may be called to complete this task. 6. County staff shall coordinate initial site visits with Land Acquisition Advisory Committee and interested landowners of top-ranked proposals that are proposed for the Active Acquisition List. Staff shall write Site Visit Reports regarding all initial site visits. 7. Upon completion of the staff's initial site visit reports, the Land Acquisition Advisory Committee shall convene a public hearing to recommend additions to, and approve the Active Acquisition List for submittal to the Board of County Commissioners. Coordination will be made with any potential matching funds entities, as necessary. 8. The Board of County Commissioners, in a public meeting, shall vote on whether to approve all or part of the proposed Active Acquisition List and any additions that may be added to it. Additions may be added but any additional properties must be subjected to the entire evaluation process. After approval of the list, the Board of County Commissioners will direct staff to prepare a Project Design Report for each project, including appraisals, title research, history and purpose of project, and program qualifications. 9. Upon completion of the Project Design Reports, the Land Acquisition Advisory Committee shall hold a second public meeting to decide, by majority vote, which projects are recommended to proceed to negotiations. I0. The Board of County Commissioners after approval of the Active Acquisition List and the Land Acquisition Committee's recommendations for negotiations, will instruct County staff to negotiate for purchase for each listed project, with optional use of a third party non-profit organization negotiator, as authorized by the Board of County Commissioners. 11. Upon successful completion of negotiations, County staff will present to the Land Acquisition Advisory Committee the proposed contract terms for the committee's review and recommendations. County staff will forward the recommendations of the Land OC'f - 2 02 Acquisition Advisory Committee to the Board of County Commissioners for contracts recommended for approval and for contracts that should not proceed as negotiated. 12. The Board of County Commissioners shall approve the contract terms for each proposed project and shall authorize any and all purchases. SECTION 14 - Management plans and use of environmentally sensitive lands: 1. No later than Sixty [60] days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be implemented for more than two (2) years after acquisition of the property, prior to the expiration of two [2] years, either a new management plan shall be implemented or, by affirmative action of the Board, the interim plan shall continue. 2. A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the Land Acquisition Advisory Committee, for each property acquired by Conservation Collier which shall: (a) Identify such management activities as are necessary to preserve, enhance, restore, conserve, maintain, or monitor the resource, as appropriate; and (b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation, and maintenance of the resource; and (c)Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall be submitted to the Board of County Commissioners for its approval. Each ten-year management plan shall be updated at least every five (5) years from the last date of Board approval, and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. 4. All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall be managed in accordance with the approved management plan for that property. OCT - 200'2 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6. The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of Conservation Collier. 7. Purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier. 8. Public access is an important element of management and this Program. Examples of permitted uses, subject to compatibility with specific parcels, include: hiking, nature photography, birdwatching, kayaking, canoeing, swimming, hunting and fishing. The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 15 - Responsibilities of the County Manager: The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to fulfill the purposes of this chapter. The manager shall, at a minimum, do he following: 1. Designate staff to evaluate acquisition proposals in accordance with the approved criteria and prepare and implement project management plans. 2. Make recommendations to the Land Acquisition Advisory Committee on acquisition proposals. 3. Designate a negotiation resource committee to develop negotiation strategies for approved acquisition projects, to monitor negotiations, and to assist in coordinating all activities relating to negotiations, purchase agreements and closings, as needed. The Negotiation Resource Committee shall include at least one (1) representative from the Real Property Department, the Natural Resources Department, the Department of Facilities Management, the Parks and Recreation Department, and The County Attorney. OCT - :; 2002 SECTION 16 - Sunset of the Conservation Collier Ad Valorem Tax: 1. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter referendum approval. 2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands remain in county hands. SECTION 17 - Inclusion in the Code of' Laws and Ordinances: The provisions of this Ordinance shall become and be made a part of the 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 18 - Conflict and Severabilit~: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19 - Effective Date: This Ordinance shall take effect only upon the passage of the November 5, 2002 referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (10) years to fund the acquisition of environmentally sensitive lands and its being filed with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of~., 2002. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES N. COLETTA, Chairman Approved as to Form and Legal Sufficiency: OCT - Jacqueline Hubbard Robinson Assistant County Attomey 2O EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A RESOLUTION SUPERSEDING RESOLUTION NO. 01-410 ESTABLISHING THE SCHEDULE OF USER FEES FOR GROUND AND AIR AMBULANCE TRANSPORT AND RELATED SERVICES OBJECTIVE: To update the ambulance service user fe~ schedule to maintain compliance with federal guidelines and consistency with the marketplae, e. CONSIDERATION: In April 2002, the Federal Department of Health and Human Services, through the Center for Medicaid/Medicare Services (CMS), published its updated national ambulance fee rate reimbursement schedule. Currently, a segment of Collier County EMS Department's ambulance user fees must be adjusted in order to become compliant with the latest set of federal guidelines. The increase in the helicopter transport rates are based on an average of the other Florida Part 135 providers. A provision identifying an alternative logistical helicopter rate will be utilized for transports that are determined to be primarily operational in nature. The proposed resolution continues to provide a waiver of EMS User fees for ambulance coverage at the Collier County Fair, Everglades Seafood Festival and all Collier County Public High School football games at an annual loss of revenue of approximately $24,300. The authorization for this waiver is outlined in Ordinance 96-36 as events that provide a valid public service. The Emergency Medical Services Advisory Committee has endorsed the proposed fee schedule, but opposes the granting of any waiver of ambulance fees. FISCAL IMPACT: The Emergency Medical Services Department budget is funded by a combination of ad valorem taxes and user fees. Adoption of this fee resolution has been anticipated and incorporated into the Department's FY 03 revenue budget, in an effort to minimize the General Fund ad valorem tax support of EMS operations. Based on the proposed fee schedule and the anticipated number of billable runs, the total budgeted fee revenue increases from the FY 02 budgeted level of $4,206,700 to $6,208,600 in FY 03. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners approve a resolution superseding Resolution No. 01-410 to amend ambulance service user fees and authorize the chairperson to execute the resolution. AGENDA ITEM No. I01 OCT - 8 Pg. SUBMITTED BY: ~ ~,.~ Date: Oc77. Jef~a/g~irecto{ Emergency Medical Services Department APPROVED BY: J~]~n Dunnuck, Adn~nistrator l~blic Services Division O C]' 0 8 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO03 - RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS") provides ambulance services to the residents and visitors of Collier 18 County; and I9 WHEREAS, the Collier County EMS operating budget is funded exclusively 20 through ad valorem taxes and user fees; and 2.I WHEREAS, Collier County staff analysis of the cost for ambulance services 22 requires an adjustment to the user fees to properly identify current costs of services to 23 the residents and visitors of Collier County; and 24 WHEREAS, Collier County Oroi~ance 96 - 36 provides that the user fees for 25 ambulance services may be establishe.~ by Resolution of the Board of County 26 Commissioners (hereinafter sometimes reie:red to as "the Board"). 27 NOW, THEREFORE, BE IT RES'DLVED BY THE BOARD OF COUNTY 2.8 COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 30 SECTION ONE: EMS USER FEES 31 32 BASE RATES 33 34 SERVICE LEVELS 35 CODES BASE CHARGE 36 A. EMS- BLS NON-EMERGENCY A0428 37 B. EMS - BLS EMERGENCY A0429 $ 325.00 38 C. EMS- ALS 1 NON-EMERGENCY A0426 $ 350.00 39 D. EMS- ALS 1 EMERGENCY A0427 $ 400.00 40 E. EMS- ALS 2 EMERGENCY A0433 $ 550.00 41 F. EMS - SPECIALTY CARE A0434 $ 650,00 42 G. EMS- HELICOPTER A0431 43 F. EMS-HELICOPTER 44 LOGISTICAL A0431 $ 3,407.00 $ 650.00 Agenda I~ .o OCT 0 8 2002 Pc3 o~ 2 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 MILEAGE RATES SERVICE LEVELS CODES MILEAGE CHARGE A. EMS- IN COUNTY GROUND UNIT $ 7.00 (MINIMUM OF 1 MILE - CAP OF 10 MILES) B. EMS - OUT OF COUNTY GROUND UNIT $ 7.00 (MINIMUM OF 1 MILE WITH NO CAP) C. EMS - IN COUNTY AIR UNIT $ 49.00 (MINIMUM OF 1 MILE- CAP OF 10 MILES) D. EMS- OUT OF COUNTY AIR UNIT $ 49.00 (MINIMUM OF 1 MILE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATES SERVICELEVELS RATES 24 - TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) $ 150.00 25 26 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 50.00 :28 COPIES OF DOCUMENTS/PER PAGE $ 1.00 29 (EXCLUDING GOVERNMENTAL AGENCIES) 30 3! INTEREST ON PAST DUE ACCOUNTS 1% 32 SECTION TWO: BILLING AND COLLECTION PROCEDURE 33 The following shall be the minimum guidelines for billing and collection 34 procedures f~ ambulance service fees and charges: 35 A. Initial fees and charges for ambulance service(s) shall be assessed either 36 prior to or following the service provision, as service dynamics reasonably permit. 37 Unpaid fees and charges, subsequent to time of service, shall be reflected in an 38 accounts receivable subsidiary ledger system to be maintained by the EMS Department. 39 B. An initial bill for ambulance services shall be processed in the following 40 manner within thirty (30) days after service is provided. 4t 1. The County will send an initial bill to the service recipient's or 42 responsible party's insurance carrier provided that appropriate 43 insurance information is made available to the EMS Billing Section. 44 The EMS Billing Section will accept Medicare assignment, as a 45 participating provider, and will wait no less than 45 days for payment if 46 Medicare or other insurance carrier's are billed. If the claim is denied, 47 a bill will be sent to the service recipient or responsible party. 0 C I 2002 Pg- _ I 3 6 ? 10 13 14 15 16 17 18 19 25 22. 23 :[4 25 2.6 2~ 28 29 2. The County will also send a bill to Medicaid and accept assignment it appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at lime of service, a bi~ will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. 3. in the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or respon~ party for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are sent to the County's contracted collection agency. (excluding hardships that adhere to County poficy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot Agenda Item No.. 5 6 7 $ 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address lail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. Contractual regulations. SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service tees. The Board of County Commissioners in accordance with criteria established by the enabling Ordinance may authorize other adjustments. A. Medicare and Medicaid Adiustments Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable rules and regulations. Victim's Compensation Contractual Adiustments.. adjustments will be made in accordance with applicable rules and C. Worker's Compensation contractual Adjustments contractual adjustments will be made in accordance with regulations. D. county Employee Adjustments Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will receive an adjustment in accordance with applicable rules and regulations of Ordinance 96-36. applicable rules and Agenda~I~ No.. CT 0 8 2002 pg. ! 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 42 E. Champus/Tricare Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. F. Railroad Retirement Adjustments. Contractual adjustments will be made in accordance with applicable rules and regulations. G. Social Services Adiustments Contractual adjustments will be made in accordance with rules established by the county Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Operations Director. SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established in recognition of their charitable contributions to the Community: (1) Collier County Fair; (2) Everglades Seafood Festival; (3) Collier County Public High School varsity football games. Fees for other community special events may be waived in accordance with criteria established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be fumed over to the County's contracted collection agency and interest will begin to accrue. · ! SECTION SIX: SUPERSESSION OF RESOLUTION 2001-410 2 This Resolution shall supersede Resolution No. 2001-410 3 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolutic~ sha~ become e.ffec~ve o~ October 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of 8 Collier County, Florida, this day of ,2002. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AFi'ES'i': DWIGHT E. BROCK, CLERK BOARD OF CO~JNTY COMMISSIONERS OF COLLIER COL~NTY, FLORIDA BY: BY: James N. Cotetta, Ghairman Approved as to form and legal sufficiency: ~Jj~cc~eline I~ubb~rc] Robinson Assistant County Attorney 0 CT 0 8 2002 Pg, EXECUTIVE SUMMARY ADOPT A RESOLUTION ESTABLISHING AND IMPLEMENTING BEACH PARKING FEES AND RULES AND REPEALING RESOLUTION NO. 99-2~;. Obiective: To establish clear and well-defined fees and rules for parking at County beach facilities and correct inconsistencies in the public record regarding the same. Considerations: On May 25, 1999 the Board of County Commissioners passed Resolution No. 99-240 establishing and implementing beach parking fees and rules. Section Three, Paragraph A of that resolution established a non-resident beach parking fee of $3.00 per vehicle per day. On June 25, 2002 the Board of County Commissioners passed Resolution No. 2002-313 amending Article IV of the Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Paragraph 1 (c) (1) of that resolution amended Article IV Section D of the Fee Policy to establish a non-resident beach-parking fee of $4.00 per vehicle per day. To correct this conflict in the public record, the attached resolution repeals Resolution No. 99-240 and establishes that parking fees are as set forth in the Facilities and Outdoor Areas License and Fee Policy. All previously established rules with regard to beach parking fees and eligibility for beach parking stickers for residents and property owners remain unchanged. Fiscal Impact: There is no direct fiscal impact associated with the repeal of Resolution No. 99-240, which is superseded by Resolution No. 2002-313. In accordance with the increased beach parking fees authorized by Resolution 2002-313, the FY 03 budget includes an additional :$120,000 in revenue in the General Fund (001) Parks Beach and Water account. Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners adopt the attached resolution repealing Resolution No. 99-240 to clarify the public record with regard to beach parking fees and rules. "' ~,ma~nd~ OsWald, ~erations Cobrdinator Pa~s and Relation Department o, ms,y, P~ks ~d Recr~tion~ment Date: k gen d~a.~I<t,..em , I NO..2~? OCT 0 8 2002 Approved by: i n Dunnuck, Administrator ision of Public Services Date: . No OCT 0 8 2002 1 2 4 5 6 7 8 9 10 12 13 RESOLUTION No. 2002 - .. A RESOLI. YFION OF THE BOARD OF COUNTY COMMISSIONERS OF COII.IE~R COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING BEACH PARKING FEES AND R~ PROPOSED BY THE COUNTY'S PARKS AND RECREATION DEPARTMENT THAT SPECIFY THE DOCUMENTATION REQUIRED TO PROVE ELIGIBILITY TO BE ISSLrED A STICKER TO INDICATE THAT A VEHICLE IS EXEMPT FROM PAYMElqr OF BEACH PARKING }:EF.3 BASED UPON THE APIq&C~,NT'S RESIDENCY IN COl ~! ~ COUNYY, FLORIDA; ~G RF_~OLUTION NO. 99-240. WHEREAS, by adoption of Resolution No. 99-240 on May 25. 1999, the Board of 14 County Commissioners of Collier County, Florida, formally affirmed the County's policies I5 regarding fees for parking vehicles at the County's beach parking facilities as specified in that 16 Resolution; and l? WHEREAS, eligibility for exemption from payment of beach parking fees is based upon 18 residency in Collier County becau~ ad valorem, taxes assessed against residential real property 1.9 located in Collier County, plus other taxes that are paid by permanent residents partially pay for 20 the County's expenses and the City of Naples' expenses related to the subject public beach 21 facilities; such taxes are not paid by persons who are not permanent residents of Collier County or who do not own such real property. SVHEREAS, beach parking fees for vehicles without a valid beach parking sticker will be established according to the Parks and Recreation Department's Facilities and Outdoor 25 License and Fee Policy. 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 2.9 SECTION ONE. FINDINGS AND PURPOSE. 30 The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in 31 this section. 32 These Rules may be amended ftxma time-to-time by Revolution(s) of the Board of County Commissioners of Collier Counly. ~4 Ttm Board of County Commissioners makes the following findings of fact: :}~ 1. Most motor vehicles that are parked at the County's beach parking facilities are ~6 occ~ied by people who are not residents of Collier County. 13C. OCT 0 8 lag o~ 1 3 4 6 ? 8 9 10 II I2 13 14 16 17 18 19 2O 21 22 24 26 27 32 33 2. Costs to provide beach parking facilities and to police, maintain and repair beaches, and to expand such parking facilities or construct new beach parking facilities increase with the increasing numbers of vehicles that are parked at those beach parking facilities. 3. This Reaolution is to facilitate coileciiou of those parking fees. SECTION TWO. APPLICABLE BEACH FACiLI'rY LOCATIONS. I. Parking fees apply to the following beach parking facilities in Collier County. a. Barefoot Beach Access. b. Barefoot Beach Park. c. Vanderbilt Beach Access. d. Calm Pass Park. e. North Cmlfshore Beach Access. f. Tigertail Beach. g. South Marco Beach Park. 2. Additional beach parking facilities may be added to this list from time-to-time by Resolution(s) adopted by the Board of County Commissioners. SECTION THREE. BEACH FACILITY PARKING FEES. Thc County's beach parking fees are: A. As set forth by the Parks and Recreation Department's FaciLities and Outdoor ~ License and Fee Policy; and B. The fees are collected through parking meters or by direct collection by authorized comity personnel at the respective beach parking facility. SEC?iON FOUR. VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES FOR PERMANENT COLLIER COUNTY RESIDENTS; PROOF OF RESIDENCY IN COLLIER COUNTY. A. bio vehicle shall be exempt from any beach facility parking fees unless thc vehicle diapla~ a valid beach parking sticker issued by Collier County or by the City of Naples. B. Rules adopted by the Collier County Parks and Recreation Department, entitled "Beach Facilities Parking Fees Exemptions - Documentation Required to Prove Residency in Collier County", and previously approved by the Board of County Commissioners by Resolution No. 99-240, are hereby reaffirmed. No., tOC- 0 CT 0 8 2002 Pg. 3 __ 1 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 _.19 21 :?4 31 32 C. The Rules are hereby affirmed by the Board of County Commissioners as the County's policies regarding the documentation that is required to be submitted to County's staff to prove that the applicant is eligible to be issued a sticker to be affixed to a vehicle to indicate that the vehicle is exempt from payment of beach parking fees at specified beach facilities in Collier County. SECYION FIVE. ~CTED PARKING AREAS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle parking is prohibited except for vehicles that either display a valid vehicle parking sticker .or the applicable beach parking fees have been paid to park that vehicle. SECTION SIX. PARKING PROHIBITED AT "EXPIRED" PARKING METERS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, at each of the above-listed "Applicable Beach Facility Locations" no parking space controlled by an individual parking meter shall be occupied by any vehicle whe~a tile parking meter reads "expired." Such parking is "prohibited" except when the respective ~,e~ered parking fees have been paid into the parking meter applicable to the respective vehicle. SECTION SEVEN. PARKING CITATIONS. Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to Resolution(s) that may be adopted from time-to-time by the Board of County Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or hereafter amended, or as that Ordinance may be superseded in function by subsequent o~iinance(s). b~lgcTION EIGHT. REPEAL OF RESOLUTION NO. 99-240. Collier County Resolution No. 99-240, expressing the County's current policies regarding exemptions from these beach facilities parking fees, adopted on May 25, 1999, is hereby repealed in its entirety. 1 4 5 ? $ 10 14 !§ 18 This Resolution adopted this ~ day of motion, second and majority vote favoring same. ,2002. after ATTEST: DWIGHT E. BROCK, CI~ BOARD OF COUNTY COMMISSIONERS. CO~ -~ .~R COUNTY, FLORIDA By:. By:. Deputy CIe~ Approved as to form and legal sufficiency: H:~¥R~s.99 - ~ Pad~g ~ -n~ved aoctuam~ m pro,~ digi~li~ for ~x~mpfio~s JAMES N. COLE'FI'A, Chairman Agen ~ OCT0 8 2002 Pg. -~ EXECUTIVE SUMMARy APPROVE AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORPORATION IN THE AMOUNT OF $80,000.00. OB,~ECTIVE: For the Board to approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation (VDC). CONSIDERATION: The original terms of the Vineyards Agreement approved by the Board in February 1994, provided that the Board would pay the VDC a lump sum payment of $180,000 for the landscape and irrigation installation on Pine Ridge Road. In addition, the Board paid the VDC $37,000 per year for the first two (2) years of ~ maintenance service period. The remaining eight (8) years of the maintenance service period continue to be at the VDC's expense. During the recent road-widening project, the irrigation lines were cut during construction making the system inoperable. As part of the amended Agreement, the Board will pay for the redesign and construction of a new irrigation system to replace the old system (estimated $80,000 cost to the County) and the VDC will furnish and pay for the design and installation of the landscape plant material (estimated $56,000 for plant material cost to the VDC). As part of the original agreement, the VDC will continue to maintain the landscaping and irrigation system through the duration of the contract through February 2004 at which time Collier County will assume maintenance responsibilities. FISCAL IMPACT: Funds in an amount estimated to be $80,000 is required. Funds are available t~"~ugh ~Vi'~ ~'eeneral Fund 111 in Fiscal Year 03. After February 2004, the fiscal impact associated with maintaining landscaping and irrigation is estimated to be $60,000 per year from MSTD General Fund 111 Landscape Operations. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation, and approve the funding for irrigation designpREPARED BY:~'~'--~-and instailat~an amount estimated~_~ t~ be~ Pamela J.~ulich, A~, Landscape Operations Manager REVIEWEI 'BY:~--'~-~'''' ~ ,~~Edwi~r~J/Kant' P~s~on O~rations D~ector ~PROVED BY:~~-- Date: .~-'~-e~ Tr~s~nation Ad~nistrator ~chmen~: M~i~ ~d~ing No. 1 - ~nded A~ment Between Collier Coun~ ~d Viney~ds ~velopment Co~mt~on No. 2 - Landscape Construction Documents Date:_~__~~O Date: OCT 0 8 2002 Pg. AO~ ~__.I:3~T EM No._ :_V_--~ AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORPORATION The Board of County Commissioners of Collier County, Florida, (hereinafter referred as "BOARD"), hereby amenda the existing contract with Vineyards Development Corporation (hereinafter referred to as "CONTRACTOR") to perform ali construction work and maintenance services ("Work" unless specifically limited to construction Work or "Maintenance Services") in connection with the Median Beautification Program for Pine Ridge Road ("Project"), as said Construction Work and Maintenance Services are set forth in the plans and specifications prepared by CONTRACTOR and other contract documents hereinafter specified. WHEREAS, the Board and the Contractor entered into an Agreement dated February 1, 1994 (the "Agreement") regarding the Pine Ridge Road medians referenced herein; WHEREAS, pursuant to the Agreement, the Contractor installed and paid for Iandscaping and irrigation on the medians; WHEREAS, employees of the BOARD cut the water irrigation lines during the construction of the widening of Pine Ridge Road, making the existing irrigation pursuant to the original agreement inoperable and. thus, damaged the landscaping; WHEREAS, the Cnnnty, lhrough the Board, wishes to mncnd thc Agreement to rectify the issues raised abovc; WHEREAS, the County will pay for the redesign and installation of a new irrigation system and the Contractor will reinstall landscaping as described herein: NOW, THEREFORE, BOARD and CONTRACTOR, for the consideration herein set forth, agree as follows: Section 1. Contract Doduments. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, change orders and amendments relating thereto. All of the foregoing contract documents are incorporated by reference and made a part of this Agreement. AGENDA ITEM OCT 0 8 2002 Pg. ~-- Section 2. Scope of Work. CONTRACTOR agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind of type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, except the BOARD shall pay for the redesign and construction of a new irrigation system to replace the old system. Section 3. Contract Amount. The BOARD will pay for the redesign and installation of the irrigation system for the two (2) medians located on Pine Ridge Road adjacent to the Vineyards Development. Upon final completion of the irrigation installation, the landscaping described herein provided by the Contractor will be installed. Section 4. Contract Time. mo The commencement date shall be established in the Notice to Proceed issued by the BO.~d3's project manager. CONTRACTOR shall commence the re-insTallation of the plant material work ["Construction Work"] within twenty (20) calendar days from the completion of the irrigation installation (the "commenccment date"). No Conslruction Work .qhall he, performed :~: ~l~e project site prior to the commcnccmcnt date. Any Constructio~ ':, ork performed hy CONTRACTOR prior to the commencement da~e shall be at thc sole risk of CONTRACTOR. The Construction Work shall be substantially complete within 90 calendar days from the commencement date. The date of substantial completion of the Construction Work is the date certified by the BOARD's project manager when construction is sufficiently complete in accordance xvith the contract documents for the use for which it is intended. The BOARD will inspect the Construction Work within five (5) days of the Contractor's Notice to Inspect same. Acceptance will be given to the work if it is completed according to acceptable landscaping standards. The Construction Work shall be fully completed and ready for final acceptance by the BOARD's project manager within 120 calendar days from the commencement date. Bo The Maintenance Services shall begin upon acceptance of the Construction Work by the BOARD. CONTRACTOR will provide this service until the end of the time required in the initial Agreement. Co When any period of time is reference by days herein, it shall be computed to exclude the first day and include the last day of such period. day of any such period falls on a Saturday or Sunday or on a da If th~- lnct , m adg'* u r'~ No. : }O'~T'~It' OCT 0 8 2002 Pg. legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Section 5. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: General Terms and Conditions Exhibit B: Insurance Requirements Exhibit C: Maintenance Services Specification (notwithstanding anything herein to the contrary, the Maintenance Services to be performed by Contractor hereunder shall be under the same terms and conditions as set forth in the initial Agreement.) Exhibit D: Construction Work Plans and Specifications Section 6. Notices. A. All notices required or made pursuant to this Agreement by the CONTRACTOR to the BOARD shall be in writing and delivered by hand or by United States Postal Service Department, first class ]nail, postage prepaid, return receipt requested, addressed to the following: Pamela Lulich, ASLA Landscape Operati(ms Manager 3301 East Tamiami Trail Naples, Florida 33962 B. All notices required or made pursuant to this Agreement by BOARD to CONTRACTOR shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Michel Saadeh, President Vineyards Development Corporation 75 Vineyards Boulevard, Suite 500 Naples, Florida 33999 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 7. Modification. No modification or change to the Agreement shall be valid or binding parties unless in writing and executed by the party or parties intended to be bo 3 ~1~"~',~ END~ ITEM OCT O 8 2002 Pg. 4 Section 8. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 9. Governing Law. This Agreement shall be interpreted under and its performance governed by the Iaws of the State of Florida. Section 10. No Waiver. The failure of the BOARD to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 11. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprised the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiatic, ns, acls, work performed, or pa~,xnents made prior to the execution hcrcof shall bc dccmcd merged in, integrated and superseded by the Ageement. Section 12. Severabilit¥. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 4 AGEND~iTEM No . _i°O- OCT 0 8 200. Po. EXHIBIT "A" GENERAL TERMS AND CONDITIONS 1.2 1.3 INTENT OF CONTRACT DOCUMENTS. It is the intent of the Contract Documents to describe a functionally complete Project to be constructed and maintained in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When works which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in affect at the time the Work is performed, except as may be otherwise specifically stated herein. If before or during the performance of the Work CONTRACTOR discovers a conflict, error or discrepancy in the Contract Documents, CONTRACTOR immediately shall report same to BOARD in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the BO)d~.D. CONT1L~_CTOR shall take field measm~m~nts and verify field conditions and shall cm~fully compare such field measurements and conditions and other infonnation lmown to CONTRACTOR with the Contract Documents before commencing any portion of the Work. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications r other Contract Document provisions, CONTRACTOR shall be required to comply with the provision which is the more restrictive or stringent requirement upon the CONTRACTOR, as determined by the BOARD. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. INVESTIGATION AND UTILITIES. AG=~n= ~TEM N°'~ L) __ OCT 0 8 20O2 ¢ 2.1. 2.2. 2.3. 3.2 CONTRACTOR shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; Work area; living facilities; climatic conditions and seasons; physical conditions at the Work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance The failure of CONTRACTOR to acquaint itself with any applicable conditions shall not relieve CONTRACTOR from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. CONTRACTOR shall locate all ex/sting roadways, raihvays, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to as necessary for the relocation, design and construction of the new irrigation system, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". CONTRACTOR shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. CONTRACTOR shall be responsible for propcrly shor/ng, supporting and protecting all Utilities at all times during the course of the Work. BOARD shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site. BOARD shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the new irrigation system. BOARD shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. SCHEDULE. The CONTRACTOR, within ten (10) calendar days after receipt of the Notice To Proceed, shall prepare and submit to BOARD for his review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Construction Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Construction Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Construction Work. The CONTRACTOR shall update the Progress Schedule weekly. ,A,,ll updates to the Progress Schedule shall be submitted to the BOARD 6 ~eeklv ojectAGENDA,~EI~ OCT 0 8 2002 pg. 7 3.3 4.2 .3 4.4 manager for review and approval. CONTRACTOR shall submit the updates to the Progress Schedule during the weekly project meetings. BOARD shall commence the process of selecting an irrigation designer immediately upon approval by the BOARD of the Amended Agreement. PAYMENTS. Prior to submitting its Application for Payment of Construction Work, CONTRACTOR shall submit to BOARD for his review and approval, a release and affidavit showing that all materials, labor, equipment, and other bills associated with the Construction Work have been paid in full. CONTRACTOR'S acceptance of payment of Construction Work shall constitute a full waiver of any and all claims by CONTRACTOR against BOARD arising out of this Agreement or otherwise relating to the project except those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Construction Work nor payment of Construction Work by the BOARD shall be deemed to be a waiver of BOARD' S fight to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Construction Work not discovered at the time of final inspection. CONTRACTOR'S acceptance ofpa3~ent of Construction Work shall constitute a full waivcr of any and all claims by CONTRACTOR against BOARD arising out of this A~eement or othem, ise relating to the projcct cxccpt those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Maintenance Service nor payment of Maintenance Services by the BOARD shall be deemed to be a waiver of BOARD'S right to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Maintenance Services not discovered at the time of final inspection. BOARD shall be responsible for all cost to redesign the new irrigation system in the areas previously identified as having been destroyed during the widening of Pine Ridge Road. INDEMNIFICATION AND INSURANCE. CONTRACTOR agrees to save harmless, indemnify, and defend BOARD from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by CONTRACTOR under this Az,,.,.m,.-t - -.. AGENDA ITEM or by any person, firm or corporation to whom any portion of the Cons rucfl~.._n. , i ~ ~ OCT 0 8 2002 7 pg. ~ Work or Maintenance Services are subcontracted by CONTRACTOR or resulting from the use by CONTRACTOR, or by any one for whom CONTRACTOR is legally liable, of any materials, tools, machinery or other property of BOARD. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the BOARD or Design Professional or their consultants, agents officers and employees. BOARD and CONTRACTOR agree the first $100.00 of the Contract Amount paid by BOARD to CONTRACTOR shall be given as separate consideration for this indemnification, and any other indemnification of BOARD by CONTRACTOR provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by CONTRACTOR by CONTRACTOR'S execution of the Agreement. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONrI'RACTOR'S limit of, or lack of, sufficient insurance protection. 5.1.1 The BOARD will ensure amr contract with its subcontractors associated with this project will contain an indemnity and hold harmless paragraph which protects Contractor from the negli7ence of the County's subcontractors. 5.2 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreeme:~..&ll insurance policies shall bc from responsible companies duly authorizcd tc, do business in the State uf Flmida and/or responsible risk retention group insurance companies which arc rcgistered with the State of Florida. x, Viti:i:~ ten (10) calendar days after Notice of Award is received by CONTRACTOR. CONTRACTOR shall provide BOARD with properly executed Certificates of Insurance to evidence CONTRACTOR'S compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by BOARD. The Certificates of Insurance shall be original and signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, xvith proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to BOARD, on a timely basis, when requested by BOARD. 5.3 The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given to BOARD of any cancellation, intent not to renew, or reduction in the policies or coverage' s, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. ,, No..., ( ~, .~)~.~ OCT 0 8 2002 8 Pg. q 5.4 5.5 .6 5.7 o All insurance coverage's of the CONTRACTOR shall be primary to any insurance or self insurance program carded by the BOARD applicable to this Project. The acceptance by BOARD of any Certificate of Insurance does not constitute approval or agreement by the BOARD that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No Construction Work or Maintenance Services shall commence at the Project site unless and until the required Certificates of Insurance are received by the BOARD. CONTRACTOR shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in Exhibit B, unless such insurance requirements for the subcontractor is expressly waived in writing by the BOARD. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by CONTRACTOR to meet the requirements of the Contract Documents shall name the BOARD as additional insured. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and if requested by BOARD, certified, true copies of the renewal policies, shall be furnished by CONTRACTOR within thirty (3) days pr/or to the date of expiration. Should at any time the CONTRACTOR not maintain the insurance coverage's required laermn, tlac gOAl(l_) may terminate th~ AgL~ment or at its sole discretion shall be authorized to purchase such coveragc's and charge the CONTRACTOR for such coverage's purchased. The BOARD shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the BOARD to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the ContTact Documents. CONTRACTOR shall submit to Board's project manager a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by CONTRACTOR under the Contract Documents. COMPLIANCE WITH LAWS. CONTRACTOR agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If CONTRA{ -p~I:::NOA ITEM OCT 0 8 2002 o 7.2 9.2 9.3 observes that the Contract Documents are at variance therewith, it shall promptly notify BOARD and Design Professional in writing. CLEANUP AND PROTECTIONS. CONTRACTOR agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, CONTRACTOR shall remove all debris, rubbish and waste materials, and as well as all tools, appliances, construction equipment and machinery and surplus mater/als, and shall leave the Project site clean and ready. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by CONTRACTOR from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by CONTRACTOR to the condition equal to that existing at the time of CONTRACTOR'S commencement of the Work. ASSIGNWIENT. CONTRACTOR shall not assign this Agreement or any part thereof, without the prior consent in writing of BOAR~. If CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assumc toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward BOARD. PERMITS, LICENSES AND TAXES. Pursuant to Section 218.80, F.S., BOARD will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). CONTRACTOR is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. BOARD may require the CONTRACTOR to deliver internal budget transfer documents to applicable Collier County agencies when the CONTRACTOR is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the CONTRACTOR. CONTRACTOR shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No._ . OCT 0 8 2002 10 Pg. I0. lO.1 I1. 11.1 COMPLETION OF CONSTRUCTION WORK; INITIATION OF MAINTENANCE SERVICES. When the New Construction Work is ready for its intended use, CONTRACTOR shall notify BOARD in writing that the entire Construction Work is complete and request the BOARD issue a Certificate of Completion. Within a reasonable time thereafter, BOARD and CONTRACTOR shall make an inspection of the Construction Work to determine the status of completion. If BOARD does not consider the Construction Work completed, BOARD shall notify CONTRACTOR in writing giving the reasons therefore. If BOARD considers the Construction Work complete, the BOARD shall prepare and deliver to CONTRACTOR a Certificate of Completion that shall fix the date of Completion for the entire Construction Work. Upon receipt of written certification by CONTRACTOR that the New Construction Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance. BOARD will make such inspection and determine if the Construction Work is acceptable and fully performed under the Contract Documents. After Completion of the Construction Work and prior to acceptance by the BOARD, CONTRACTOR shall submit documentation establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, to the extent and in such form as may be designated by BOARD. Unless and until the BOARD is completely satisfied, Contractor shall be in default of the Amended Agreement. After CONTRACTOR completes the Construction Work, the ten (10) year original Maintenance Service period shall continue until the amended co[Jt[ act is terminated on or about February, 2004. WARRANTY. CONTRACTOR shall obtain and assign to BOARD all express warranties given to CONTRACTOR or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to BOARD that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. CONTRACTOR further warrants to BOARD that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion_of the new landscaping work, any Construction Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from BOARD. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Construction W, :!: AGENDA ITEM which may be damaged as a result of such replacement or repair. These No... !, !C~ OCT 0 8 2002 il 12. 12.1 12.2 12.3 13. 13.1 13.2 warranties are in addition W'the-' as a matter of law. .plied warranties to which BOARD is entitled TES T~ cq.,',T) [~SPECTir · ,.epresentatives, agents and employees, and governmental BOreD,, its respec~{on over the Project shall have access at all times to the · ~'en4ies wi~jmk~Vork whether t~e Work is being performed on or offofthe P'roject si~,-°r observation, inspection and testing. CONTRACTOR shall pm-J'de ,..opct gale conditions for such access. CONTRACTOR shall provide .sc` aatD with timely notice of readiness of the New Construction Work for ~1} required inspections, tests or approvals. If the Contract Documents or any codes, laws, ordinances, rules or' regulations of any public authority having jurisdiction over the Project requires any portion of the Construction Work to be specifically inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in cmme,'tlo?a tberewith and furnish BOARD the required certificates of inspection;" testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the BOARD. Neither observations nor other actions by the BOARD nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligations to perform the New Construction Work in accordancc with the Contract Documcnts. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents shall be deemed defective Work. If required by BOARD, CONTRACTOR shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by BOARD, remove it from the site and replace it with undefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold BOARD harmless for same. If CONTRACTOR fails, within a reasonable time after the written notice from BOARD, to correct defective Construction Work or to remove and replace rejected defective Work as required by BOARD, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any of the provisions of the Contract Documents, BOARD may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. To the extent it becomes nece ~' tq AGF-t~,~A~J.'r'" ~ No. . ?3 _ _ OCl 0 8 2002 14. 14.1 14.2 I4.3 take corrective and remedial action all such reasonable costs will be the responsibility of the CONTRACTOR. TERMINATION FOR DEFAULT. CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for BOARD to terminate the Agreement, in whole or in part, as further set forth in Ibis Section, if CONTRACTOR: (1) fails to begin the New Construction Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the New Construction Work as directed by the BOARD or as provided for in the approved Progress Schedule; or (3) performs the New Construction Work unsuitably or neglects or refused to remove materials or to correct or replace such New Construction Work as may be rejected as unacceptable or unsuitable; or (4)fails to resume New Construction Work which has been suspended within a reasonable time after being notified to do so; or (5)becomes insolvent or is declared bankrupt, or commits any act ofbankruptcy; or (6) allows any final judgment to stand against unsatisfied for more than trna (10)days; or (7) makes an assignment for the benefit of creditors; or (8) fails ~o obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. BOARD shall notify CONTRACTOR in writing of CONTRACTOR'S default(s). If BOARD dctcrmincs that CONTRACTOR has not remedied and cured the dcl~ault(s) within seven (7) calendar days following receipt by CONTRACTOR of said written notice, thcn BOARD, at its option, without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR'S right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of CONTRACTOR, take assigmnents of any of CONTRACTOR'S subcontracts and purchase orders, and complete all or any portion of CONTRACTOR'S Work by whatever means, method or agency which BOARD, in its sole discretion, may choose. If BOARD deems any of the foregoing remedies necessary, CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including consultant and attorney's fees) or damages incurred by BOARD incident to such completion,. shall be deducted from the Contract Amount, and if such expenditures excess the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to BOARD on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Co~ ~tra~l Amount exceeds all such costs, expenditures and damages incurred by the 13 A~ENDA ITEM NO. OCT O 8 2002 14.4 15. 15.1 16. 16.1 16.2 BOARD to complete the Work, such excess shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or BOARD, as the case may be, shall be approved by the BOARD, upon application, and this obligation for payment shall survive termination of the Agreement. The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by BOARD in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the work hereunder. SUPERVISION AND SUPERINTENDENTS. CON'rP,.ACTOR shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. CONTRACTOR shall kccp on the Work at all times during its progress a competent resident supervisor, who shall not be replaced without prior written notice to BOARD cxccpt under extraordinary circumstances. The supervisor shall be CONTP~{CTOR' 5 rcprcscntativc at thc Project site and ~hatll have authority to act on behalf c, f CONTRACTOR. Ail communications givcn to the supervisor shall be as binding as if given to the CONTRACTOR. BOARD shall have the right to direct CONTRACTOR to remove and replace its Project supervisor, with or without cause. PROTECTION OF WORK. CONTRACTOR shall full)' protect the Construction Work from loss or damage and shall bear the cost of any such loss or damage until payment for future Maintenance Services has been made. If CONTRACTOR or any one for whom CONTRACTOR is legally liable for is responsible for any loss or damage to the Construction Work or materials of BOARD or other contractors of BOARD, CONTRACTOR shall be charged with the same, and any monies necessary to replace such loss or dan~age shall be deducted from any amounts due CONTRACTOR. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. AGElqnK~T. ZEi~~ No._ OCT 0 8 2002 ,:'g. i_5 VT3t, 16.3 17. 17.1 18. 18.1. I9. 19.1 CONTRACTOR shall not disturb any benchmark established by the BOARD with respect to the Project. If CONTRACTOR, or its subcontractors, agents or anyone for whom CONTRACTOR is legally liable, disturbs the BOARD'S benchmarks, CONTRACTOR shall immediately notify BOARD. The BOARD shall re-establish the benchmarks and CONTRACTOR shall be liable for all costs incurred by BOARD associated therewith. EMERGENCIES. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, CONTRACTOR, without special instruction or authorization from BOARD is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give BOARD written notice within forty-eight (48) hours after the occurrence of the emergency, if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the BOARD determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If CONTRACTOR fails to provide the forty-eight (48) hour written notice noted above, the CONTRACTOR shall be deemed to have waived any fight it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. USE OF PREMISES. CONTRACTOR shall confine all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the BOARD or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. SAFETY. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 19.1.1. All employees on the Work and other persons and/or organizations who may be affected thereby; " N AG EN .,D..A,~TEM o. . D OCT 0 8 2002 19.2. I9.3. 20. 19.1.2. 19.1.3. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. CONTRACTOR shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. CONTRACTOR shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify oxxmers of adjacent property and of underground structures and improvements and utility BOARD when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by BOARD has occurred. CONTRACTOR shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S supervisor unless othcrwise designated in writing by CONTRACTOR to BOARD. MAINTENANCE. - For Maintenance Services purposes, the contract administrator will be the Transportation Services Administrator or his designee. 16 AC~ENE~ITEI~ OCT Pg. i2 0 8 2002 EXHIBIT "B" INSURANCE REQUIREMENTS The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from - - any or all of which claims may arise out of, or result from, the services, work and operations by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. 2. This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. The Contractor shall require, and shall be responsible for assuring tl~oughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverage's described herein as are required by law to be provided on behalf of their employees and others. The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions: Ao B. C. D. Eo The name and type of policy and coverage's provides; The amount or limit applicable to each coverage provided; The date of expiration of coverage; The designation of the Collier County Board of County Commissioners as an additional insured and a certificate holder. (This requirement may be excerpted for Worker's Compensation and professional liability Insurance.); The following clause must appear on the Certificate of Insurance; Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives 5. If the initial, or any subsequently issued Certificate of Insurance expires pn~ the completion of the Work or termination of the Agreement, the Contractol 17 s,-A, t~('"~ ND~ ITEM ICr OCT 0 8 2002 Pg. 18 o furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days pr/or to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. CONTRACTOR shall include the BOARD, the BOARD's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insured's. If BOARD has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor n accordance with the requirements of the Contract Documents on the basis of its not compl~ng with the Contract Documents, BOARD shall notify Contractor in writing thereof within thirty (30) days of the delivery of such certificates to BOARD. Contractor shall provide to the BOARD such additional information with respect to its insurance as may be requested. The Contractor shall obtain and maintain the following insurance coverage's as provided hereinbefore, and in the t~y]3e, amounts and in confomqance with the following minimum requirements: WORKER'S COMPENSATION Statc: Statutory' Applicable Federal: (e.g. Longshoremen's ) Statutory. Employer's Liability: $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: Property Damage: $1,000,000.00 Each Occurrence $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance shall include Contractual Liability, Explosion, Collapse and Underground Coverage's and Products and Compleie Operations coverage's. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: Property Damage: $1,000,000.00 Each Occurrence $1,000,000.00 Each Occurrence Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos. - AGFNE)~A IT~', oc'r 0 8 2002 18 EXHIBIT "C" MAINTENANCE SERVICES SPECIFICATIONS These specifications are intended to provide the information by which CONTRACTOR may understand the requirements of Collier County relative to furnishing Maintenance Services of medians constructed on Pine Ridge Road east ofi-75 as described in the contract documents. LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in this Contract are located as described below and as shown on the plans attached to these specifications: Those median islands where curbing, landscaping, and irrigation systems have been installed in accordance with the Agreement being located as shown on the Plans. SCOPE OF WORK The work covered by this Contract requires a weekly servicing of all median islands and consists of furnishing all labor, equipment, materials and services necessary to satisfactorily perform the following items: A. STtLEET CLEAN1NG A four foot (4') area measured from the face of the curb shall be cleaned at least once per month to remove any accumulation of debris or objectionable growth and to maintain a neat and safe condition. All curbing and/or ~m.ttters including a four foot (4') area from the face of the curb mad sidewalk areas shall be cleaned after each service. All sidewalk/curb .joints shall be kept weed-free and the sidewalks blown clean with each service. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. TRASH REMOVAL A weekly servicing of all median islands is required to clean up and remove all debris, paper, bottles, cans, other trash, fronds and horticultural debris. It is suggested that this pick-up also be done prior to mowing in all turf areas. C. TRIMMING AND PRUN1NG All shrubs, groundcover, and trees other than Sabal Palms shall be trimmed pruned as often as necessary to maintain the desired shape and form of the 19 md A~,ENI3~ ITEM NO.__._j.O~ _ OCT O 8 2O02 Months October March June Fo landscape material as determined by the Contract Administrator. Ornamental grasses (White Fountain Grass, Fakahatchee Grass) shall be pruned to a six (6) to eight (8) inch height the first week of October and April. This item of work shall also include removal of suckers, poison ivy or any other objectionable growth which may fix itself to the shrubs, groundcover, grasses and trees. WEEDING OF PLANT BEDS AND OTHER MULCHED AREAS Weeding of plant beds and other mulched areas by spot spraying and hand pulling will be performed biweekly (every other week) or as necessary to provide a weed free and well-maintained area as determined by the Contract Administrator. Herbicide used for spot spraying shall be a mixture of Roundup and Surflan or other approved herbicide. All applications shall be made during the first week of the month. Applications shall be made to turf the day following irrigation when grass blades are dry. Immediately after the fertilizer is applied, the sprinklers shall be activated for thirty (30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing Iron shall be removed from curbs to avoid staining. FERTILIZATION, SHRUBS. GROUNDCOVER AND TREES Ciranular tbrtilization of shrubs, groundcover and t~=¢s oth=r dmn Pine Trees, Saw Palmettos and Sabal Palms shall be applied by hand in a ringcd radius of twelve inches (12") from the base of the plants and twenty-four inches (24") around the trees. The fertilizer shall be placed at a rate of two (2) lbs./100 sq. ft., three (3) times per year as set forth in the following schedule. Plants Trees 1/8 cup - 2 oz - 1 - Gal 1/4 cup - 4oz - 3 - Gal 1/2 cup - 8 oz - 10 --Gal 1" Caliper/1/2/Cup - 8oz. (8 lbs max.) Formulation Application Rate 8-10-10 2 lbs./100sq, ft. 8-10-10 2 lbs/100sq, ft 8-10-10 2 Ibs/100sq. fi. MULCHING OF PLANT BEDS Remulching of all plant beds and tree rings shall be performed twice annu Before remulching, any remaining existing mulch shall be turned and mix 20 ~V~ ~d-int~G~q r)Aj.' OCT 0 8 2002 the existing soil. Mulch shall not be placed over valves or valve boxes which are located within bed areas. Mulch material shall consist of shredded Eucalyptus Mulch Grade "A". The mulch shall be placed to a depth of two (2) inches of "fluffed mulch" measured from the existing soil grade. All weeds shall be removed prior to placement of the new mulch. TREE TRIMMING (Sabal Palms) All Sabal Palms shall be trimmed on an as-needed basis. The work shall be done in a professional manner in accordance with accepted trade standards. Tops of the Sabal Palms shall have all brown/dead and lower fronds removed from the tree. The trees shall not be climbed to remove the fronds. Access to the tree fronds shall be by ladder, boom truck or lift. All debris from the trimming shall be removed and work site shall be left in a clean and neat manner. When this work is being performed, it may be required to close one (1) lane of traffic using traffic control devices placed a sufficient distance in advance of and beyond the work area to maintain a safe and continuous flow of traffic. ORNAMENTAL & TUR~ SPRAYING Overall Ornamental Spraying of plants and shrubs is included in this Contract. It is required that if a subcontractor will be performing these services said subcontractor shall possess and the CONTRACTOR shall provide the following to the Contract Adn,inistrator: a. Valid State of Florida Pesticidc Liccnse that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience as approved by the BOARD. c. Before commencing work of any kind, the Pest Control Subcontractor shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Contract Administrator. All Certificates of Insurance shall include Collier County as an Additional Insured on both the Comprehensive Liability and Business Auto Liability Policies: 1. Worker's Compensation - Coverage in compliance with Florida Law. The Policy must also include Employer's Liability with the limit of $100,000.00 each accident. 2. Comprehensive General Liability (Including Contractual Liability) - Minimum limits of $100,000.00 per occurrence combined single limit for bodily Injury Liability and Property Damage Liability 3. Automobile Liability - Minimum limits of $100.000.00 per occurrence combined single limit for Bodily AETM .I~E~M Liability and Property Damage Liability. No. , ~,..I.Q \~) -.-__ OCT 0 8 2002 2! The CONTRACTOR shall provide a written spray program that shall incorporate the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. The CONTRACTOR and Subcontractor, if these services are provided by a Subcontractor, shall make on-site inspections and provide written reports to the Contract Administrator once per month from October through May and twice per month from June through September. Methods of Application: o One Hundred Percent (100%) coverage and penetration shall be provided. Chemicals shall be manually applied by walking with hand held applicators. a. Insecticides and Fungicides shall be applied at a minimum pressure of 150 pounds. b. Herbicides used in turf areas shall be applied at a pressure of 20 pounds. c. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Turf, Groundcover, Shrubs and Turf Areas. d. Spray applications shall be applied during times of"no-wind" conditions. e. No tiuck~/bactors will be allowed within the median areas. Provide and place, at timc of application, traffic control meeting Flori~la Department f Transportation, M.U.T.C.D. Rate of Application: a. All chemicals shall be applied at the rates recommended on the manufacturer's labels. Materials List: a. All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Administrator for review and approval. b. Fungicides shall be alternated in order to reduce resistance. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. Groundcovers, Shrubs and Trees: Insecticides & Fungicides - Twelve (12) times per year (once a month). AGFt~D/~ ITEM No.. , [0~ ____ OCT O 8 201.. 22 pg. 73 I. SERVICING THE IRRIGATION SYSTEMS Monthly Requirements o Each zone shall be manually turned on and a thorough inspection conducted to ascertain proper operation of the system. Check entire system and repair system for any blown heads, broken lines and leaks around heads and valves. (Valve closure time not to exceed two (2) minutes). Manually run the system to ensure that no sprinkler heads/nozzles are spraying onto the roadway. Clean and adjust sprinkler heads/nozzles and concrete donuts to ensure proper coverage. Twice a month CONTRACTOR will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. A copy of the results shall be supplied to the Contract Administrator. Once every two months or as needed, CONTRACTOR will clean the wye strainer filters and inspect them for wear. Should excessive wear be found the Contract Administrator shall be notified. General Requirements Go Into Affect Upon Installation of New Irrigation System. 3. 4. 5. Should South Florida Watcr Management District establish water restrictions, the sprinkler system shall bc inspected and all timers set as stated during the mandated hours of operation set by the District. Includes replacement of heads/nozzles, installation or replacement of risers and repair of minor breaks or restricted sprinkler lines. Inspect, clean and replace if necessary, screen/filters within the sprinkler heads. Use only County approved replacement parts, and use only matched' prescription head replacements. Under the direction of the Contract Manager, or his authorized representative, the main irrigation lines and quick couples shall be flushed once a year. BOARD shall hire an irrigation contractor to design the new irrigation system and shall coordinate the new design of the irrigation with CONTRACTOR so that CONTRACTOR and BOARD can proceed to secure the new landscaping as soon as possible. CONTRACTOR shall be responsible for the landscape design and installation of plant materials as set forth herein. Upon installation of the new irrigation system, the BOARD shall review the entire irrigation system and notify the CONTRACTOR that the system is complete. The CONTRACTOR shall further adjust all sprinkler heads to ensure that all landscaped area .~o,-,,;,,~ total (100%) irrigation coverage. AGEN~,.A4.IEM No..___../, ~ J IL) ~ OCT 0 8 2OO2 Lo Total (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. Notification to the Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. MAINTENANCE LOGS The CONTRACTOR shall complete and submit log sheets on a monthly basis and may be required to conduct on-site inspections with the Contract Administrator on a weekly basis to verify satisfactorily completion of Contract requirements. The original forms for the log sheets will be provided to the CONTRACTOR for his reproduction purposes. TRAFFIC CONTROL At all times while performing work required by this Contract, the CONTRACTOR shall provide and erect any traffic control devices and use procedures conforming with the FDOT Manual on Traffic Control and Safe Practices. The CONTRACTOR will be responsible to obtain a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility, approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. MISCELLANEOUS GENER_AL MAINTENACE RESPONSIBILITIES o If plants, shrubs, trees, or foliage die due to neglect or damage by the CONTRACTOR, CONTRACTOR'S employees or a Subcontractor as determined by the Contract Administrator, they shall be replaced at the CONTRACTOR'S expense. The CONTRACTOR shall provide ramps or other devices to gain access over the curb to all islands. The curb or turf areas shall not be damaged due to access. It shall be the CONTRACTOR'S responsibility to notify the Contract Administrator of any maintenance problems or additional maintenance needs. The CONTRACTOR shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation. The CONTRACTOR shall immediately notify the Contract Administrator should a disease or infestation be found. MISCELLANEOUS IRRIGATION MANITENANCE RESPONSIBILITIES It shall be the CONTRACTOR'S responsibility to notify the Con~_act AGFI'qDA ITEM Administrator of any irrigation problems or additional irrigation No._.__~l ~'~ maintenance needs. . OC T 0 8 The irrigation service personnel shall provide on-site 1-way hand-held communications during all services and/or inspections. The irrigation service personnel must troubleshoot time clocks, i.e. power- in 110 volt and 24 volt fuses, 24 volt output when necessary. The irrigation service personnel must troubleshoot any pump start relay, main fuses and capacitom when necessary. N. ACCIDENTS OR THEFTS The CONTRACTOR shall be responsible to contact the Contract Administrator of any accident or thefts involving the areas within this Maintenance Contract. O. RESPONSE TIMES On a twenty-four (24) hour basis, the CONTRACTOR may be required to travel to the site immediately to meet with the Contract Administrator or Sheriff' s Department personnel to resolve an emergency and should the Contract Administrator contact the CONTRACTOR by telephone, beeper, or radio. CONTRACT TERMINATION The County shall be the sole judge of non-performance. Should the CONTRACTOR be found to have failed to perform his services in a manner satisfactory to the County as per Specifications or for any of the following poinls, the County may terminate this Agreement as providcd tbr hcrcin: Ao Inability for any reason, of the CONTRACTOR to perform requested service. Work that is not performed on a level consistent with the industry standards. Services not rendered within a reasonable time after notification by Collier County. Non-compliance with any portion of this Contract. CONTRACTOR'S EMPLOYEES Employees of the CONTRACTOR shall be properly uniformed and provide a neat appearance. All employees of the CONTRACTOR shall be considered to be at all times the sole employees of the CONTRACTOR under his sole direction and not an employee or agent of Collier County. The CONTRACTOR shall supply competent and physically capable employees and Collier County requires the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the County. 25 OCT 0 8 2002 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. 2~a Wimess (if not incorporated) ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk CONTRACI'OK: Viney~ar~s~elopment Corplon Its: ~ President r) te: 7/,0 2- [Corporate Seal] Board of County CommissionerS' of Collier County, Florida By: James N. Coletta, Chaim~an Approved as to Form an~ Legal Sufficiency: . [~_ .sq.u~,ine Hubbard Robinson istant County Attorney 26 AGFNDA~!TEM No. I~C~ 0CT O 8 2002 Pg. ~2-? Nc Pg I AATEM~ ~ _ 8 2002 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR WIGGINS PASS EMERGENCY MAINTENANCE DREDGING ENGINEERING SERVICES IN THE AMOUNT OF $1o,0oo OBJECTIVE: To obtain approval of a budget amendment which transfers funding for engineering services to a new project for Wiggins Pass Emergency Maintenance Dredging. CONSIDERATIONS: The Gulf of Mexico has been rough the last few weeks due to Hurricanes Isidore and Lili. The mouth of Wiggins Pass has shoaled in to less than 3.5 feet at low tide compared to a design depth of 7.5 feet. Humiston & Moore Engineers is under fixed term contract (#01-3271) for coastal engineering services and has provided a proposal to facilitate the appropriate level of design, permitting and construction observation. It is anticipated that the engineering services, which will include a quantity estimate and address permit requirements, can be completed relatively quickly. A second set of approvals will be sought, perhaps as soon as October 22, 2002, to both waive the formal competitive threshold and fund the construction contract. The County Attorney's Office is verifying the use of the Wiggins Pass Dredging Fund (304) for this purpose. Initial review seems to indicate this fund is a combination of Tourist Tax Funds and voluntary contributions. Should it later be determined inappropriate, the Tourist Tax Fund (195) could be used since the dredging work is expected to place beach compatible sand on an adjacent beach. FISCAL IMPACT: The engineering services for the emergency maintenance dredging of Wiggins Pass are estimated not to exceed $10,000. The source of funds is the Wiggins Pass Dredging Fund (304). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring $10,000 from the Wiggins Pass Dredging Fund (304) Reserves to the new project, Wiggins Pass Emergency Maintenance Dredging. SUBMrTTED BY: ~,~~ Date: /~//~;3,, Ron Hovell, P.E., Coastal Projects Manager x.,~ °Y/B- Anderson, P.E.,(P- ~?~lities Engineering Director APPROVED BY: ~--~A? ,t ~,4~-~ ~~ ' i ~D~ate. ~_~-es W. DeLony, P.E.' mubli~Utilities ~I~nis~rator '-':: /~lt~ ~/O'"/(~/~ OCT - 8 2 12 NOTICE OF REQUEST FOR CLOSED ATTORNEY-CLIENT EXECUTIVE SESSION Notice is hereby given that the County Attorney of Collier County will request at the Board of County Commissioners Board Meeting scheduled for October 8, 2002, at 9:00 a.m., to be held in the Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, and pursuant to Section 286.011(8), Fla. Stat., that the Board of County Commissioners meet in executive (closed attorney- client) session on TUESDAY, OCTOBER 22, 2002, in the Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures of the pending litigation case of AQUAPORT V. COLUER COUNTY. Case No. 2:01-CV-341-FTM-29DNF, pending in the United States District Court for the Middle District of Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/si Maureen Kenyon Deputy Clerk (SEAL) AGEND_.AJ,,TF<.M NO. - OCT 0 8 2002 RESOLUTION INFORMATIVE EXECUTIVE SUMMARY AUTHORIZING COMMISSION DISTRICT NEWSLETTERS, NOTICES, MAILERS OR OTHER INFORMATIONAL SITES OR TRANSMITTALS OBolECTIVE: Board approval of a resolution authorizing commission district newsletters, informative notices, mailers or other informational sites or transmittals. CONSIDERATIONS: The County Attorney has fielded questions from Board members and the County Manager over time regarding the preparation and transmittal of County governmental information to the citizens working and residing in Collier County. Town hall meetings, Commissioner site visits and attendance at homeowners' civic association meetings, etc., are some of the methods that communication and dialogue of Commissioners with their constituents are achieved. Board of County Commissioners newsletters to constituents date back to at least 1990 as an authorized practice. There are additional methods and technologies that may be utilized to better inform the people of Collier County of county governmental issues, programs, proposals, plans, thoughts and activities of Commissioners. Commission district newsletters, and the use of websites, emails and other informational notices prepared and transmitted by U.S. mail, electronic or other means may also be effective informational tools that serve the public interest and achieve efficiencies of timing and information delivery to district citizens. FISCAL IMPACT: The adoption of the Resolution creates no fiscal impact, but the Board will need to adopt a budget amendment to provide for costs that would be necessary for implementation of this Resolution, the costs varying somewhat depending upon the technologies used for message preparation and transmittal. Printing and mailing to district constituents will typically have a greater cost than use of websites and emails, for instance. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt the Resolution finding the preparation and transmittal of commission district newsletters, informative notices and mailers to be a valid public purpose and in the public interest, and that such newsletters, informative notices and mailers may be mailed, transmitted electronically, be created as part of the County's website(s) or otherwise communicated to the citizens of Collier County. IrdPublic/David/Exec Sum/rem authorizing comm. district newslctters.093002 DATE: OCI 0 8 2002 RESOLUTION 2002 - RESOLUTION AUTHORIZING COMMISSION DISTRICT NEWSLETTERS, INFORMATIVE NOTICES, MAILERS OR OTHER INFORMATIONAL SITES OR TRANSMITTALS. WHEREAS, it is desirable for the people of Collier County government to be informed of county governmental issues, programs, proposals and plans including the thoughts and activities of the commissioners; and WHEREAS, newsletters, websites, emails and other informational notices prepared and transmitted by U.S. Mail, electronic or other means can serve the valid public purpose of informing county citizens of their local county government; and WHEREAS, the Board of County Commissioners considers the use of newsletters, emails, websites and other conventional message media as desirable to better fulfill the need to inform lhe citizens of their local government. NOW THEREFORE, BE IT NOW RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board finds the preparation and transmittal of commission distr/ct newsletters and informational notices to be a valid public purpose and in the public interest, and such newsletters or notices may be mailed, transmitted electronically, and/or be created as pan of the County's website or otherwise communicated to the citizens of Collier County. This Resolution shall take effect upon adoption. DATED: ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Dav~'d C. Weigel, C~)t~nty At(-ellneyTM James N. Coletta, Chairman A~,E:NDA OCT 0 8 211112 EXECUTIVE SUMMARY APPROVE 2003 TOURISM AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY FOR TOURIST DEVELOPMENT SPECIAL MUSEUM GRANT OF $25,000 OBJECTIVE,: Board approval of the 2003 Tourism Agreement with Marco Island Historical Society acknowledging the $25,000 Tourist Development Special Museum Grant approved by the Board in June 2002. CONSIDERATIONS:. On April 15, 2002, the TDC considered the Tourist Development Special Museum grant application for FY03 from Marco Island Historical Society in the amount of $25,000 for the architectural design, artist rendering of a floor plan, and preparation of a scale model of the proposed Marco Island Historical Museum of Collier County. Upon presentation and discussion, TDC voted (8,1), TDC Chairman Coletta dissenting, to recommend Board denial of the grant application. On May 28, 2002, the Board of County Commissioners considered the FY03 Special Museum Grant application and TDC recommendation recommending denial. After a lengthy discussion, the Board approved the FY03 Special Museum Grant in the amount of $25,000. The proposed agreement provides for the reimbursement of allowable expenditures under the grant and remains in effect from October 1. 2002 through September 30, 2003. FISCAL IMPACT: Funds are budgeted in FY03 Tourist Developmem Tax Fund 193 to fund this $25,000 grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: Board o~' County Commissioners approve 2003 Tourism Agreement with Marco Island Historica~ociety and authorize the Chairman to sign the agreement. ~~.~/~~ DATE: PREPARED BY: D: l~. "l~leu~alla~e, Director CDES Operations Department REVIEWED BY: ~~'~ ~ur~h~.~t~!~tor Steve ~amell, Purchasing Departmem DATE: OCT 0 8 2002 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC. FOR ACQUISITION AND DEVELOPMENT THIS AGREEMENT, is made and entered into this ~ day of ,2002, by and between the Marco Island Historical Society, Inc., a Florida not for profit corporation, hereinafter referred to as "HISTORICAL SOCIETY" and Collier County, a political subdivision of the State of Florida, hereimf~ reft'red to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and development of museums of Collier County and for the promotion and advertising of activities and certain special events intended to bring tourists to Collier County; and WHEREAS, the County may use Tourist Development Tax funds for museums of Collier County in general and the advertising, promotion and holding of special events in Collier County in particular during the months of May through November nationally and internationally; and WHEREAS, the COUNTY desires to fund the proposed acquisition and development of the Marco-Island Historical Museum of Collier County pursuant to this Agreement with the advice of the Tour/sm Alliance of Collier County; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. SCOPE OF WORK: "HISTORICAL SOCIETY" shall be the recipient of a grant in the amount of Twenty-Five Thousand Dollars [$25,000.00] to be used as set forth in Exhibit "A" for: a. .architectural Design; b. Artist rendering/Floor plan; c. Preparation of a Scale model of the proposed Marco Island Historical Museum of Collier County. The "HISTORICAL SOCIETY" shall provide matching funds in the amount of Five- Thousand Dollars [$5,000.00], said funds to be available at the time of the receipt of the initial funding of the Grant. 2. PAYMENT: The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice(s) have been provided or performed in accordance with such authorization. (a) The amount to be paid under this Agreement shall be Twenty-Five Thousand Dollars ($25,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the architectural expenses, as described in Paragraph 1 upon submittal of an invoice and upon verification that the services described in the invoice have been completed or that goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Administrator or his designee for review. (c) The County Administrator or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditure shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. ~ ..... ;i~..?-~ ~ ..... OCT -8 2 (h) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (i) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 3. CHOICE OF VENDORS AND FAIR DEALING: "HISTORICAL SOCIETY" has recommended and the County has agreed to the selected architectural firm to provide services as described in paragraph one [1 ] herein. 4. COUNTY shall be responsible for paying said firm up to the amount of the grant. 5. NOTICES: All notices from the COUNTY to the "HISTORICAL SOCIETY" shall be in writing and deemed duly served if mailed by registered or certified mail the following address: William Tyson, Director Marco Island Historical Society, Inc. 168 Royal Palm Drive Marco Island, Florida 34145 All notices from "HISTORICAL SOCIETY" to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Administrator Community Development & Environmental Services Division 2800 North HorseShoe Drive Naples, Florida 34112 The "HISTORICAL SOCIETY" and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this section. 6. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the "HISTORICAL SOCIETY", or any vendor or subcontractor of the "HISTORICAL SOCIETY", as an agent or employee of the COUNTY. 7. COOPERATION: "HISTORICAL SOCIETY'' shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all ~nf6iSii/~ti :.. - documents as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY, shall constitute grounds for the COUNTY to impose sanctions that may not result in termination of this agreement. 8. TERMINATION: The COUNTY or the "HISTORICAL SOCIETY" may cancel this Agreement with cause immediately or without cause by giving 30 days advance written notice of such termination and specifying the effective date of ten-nination. 9. AVAILABILITY OF RECORDS: The "HISTORICAL SOCIETY" shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. "HISTORICAL SOCIETY'' agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three [3] years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of "HISTORICAL SOCIETY'' involving transactions related to this Agreement. 10. PROHIBITION OF ASSIGNMENT: "HISTORICAL SOCIETY" shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 11. TERM: This Agreement shall become effective on October 1, 2002 and shall terminate on September 30, 2003. 12. "HISTORICAL SOCIETY'' shall request an extension of this Agreement in writing at least thirty [30] days prior to the expiration date an the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by "HISTORICAL SOCIETY'' during the term of this Agreement and any extension thereto shall be returned to the County and made available for future applicants. 13. The COUNTY shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. All materials provided by the selected architectural firm are exempt from this provision. 14. The COUNTY, pursuant to the policies and procedures of the COUNTY, approves and finds a public purpose, through approval of the attached Exhibit "^", in-the "HISTORICAL SOCIETY" directly contracting with the architectural firm named in Exhibit "A" for the expenditure of the Grant funds. 15. AMENDMENTS' This Agreement may only be amended by mutual agreement of the parties and atter recommendation by the Tourist Development Council. 16. WRITTEN REPORTS: (a) GRANTEE shall provide to County written reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. Co) The reports shall identify the amounts spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk WITNESSES: Printed/Typed Name ~u ay P~t~ed Nme BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman GRANTEE: MARCO ISLAND HISTORICAL SOCIETY, INC., COLLIER COUNTY Printed/Typed Name Printed/Typed Title Approved as to form and legal suf~ficiency: J.a~.uelilfie Hubbard l~obinson A,~istant County Attomey H: Jackic/Tourist Dcvclopmcnt Tax/2002 Tourism Agrrnt-Marco Island Historical Socicty OCT 2OO2 03,,~9/2002 15:14 F/~ 6437435 ~TY. ..B_. ySchmi SummersWeaver AND PARTNERS INCORPORATED Exhibit "A" March 19, 2002 Fort Myra., Royal Palm Sq. ~. ~ ~e~, FL~gt9 ~41~7~30 Ligenae It AA C001663 Mrs. Bill Tyson Director Marco Isla~d HistoricaJ Society P.O. Box 2282 Man~ Island, FL 34146 Dear Mr. T~nk you for the opportunity to provide prdmina~ design and p[arming salvices tor the Marco Island Museum. The follow'a'tg is a brief summa~ of the services needed to produce an effective marketing pac~ge for the Museum's fund raising campaign. Barany Schmitt Summers Weaver & Partners, Inc. proposes Meet with Museum and County representatives to develop a prelimm, ar~' program for an 8,0130 s.f. museum building. Provide conceptual site and building design. Produce rendered conceptual elevations and ricer plans for presentation display. Build a scale model of proposed design for display and fund raising. The total fee for this wort< is as lo,o',va: Programming and conceptual design Presentation floor plans and renderings of building Scale model construction TOTAL $15,000.0~ $ 7,000.00 $ 30,000.00 Should yOu have any questions or need additional ir~rmation, please reel free to contact me at anytime. Daniel A. Summem, AIA, V.P. (,.JUT -8 2002 EXECUTIVE SUM~%RY REQUEST TO GRANT FINA~ ACCEPTANCE OF THE ROAD~FAY, DPJkINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "STONEBRIDGE UNIT FOUR" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Stonebridge Unit Four" CONSIDERATIONS: On September 21, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Four" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recon%mending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. 6. This item was removed from the September 10, 2002 Board of ~ County Commissioners agenda as the result of some concerns of ~{ The Homeowner's Association. The concerns of the Association have been corrected the developer has posted a one year maintenance security. The Homeowner's Association have been involved with this action and concur with staff's recommendation. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAG~NT IMPACT: None OCT 8 2002 / Executive Summary Stonebridge Unit Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Four" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineer Engineering Review Date REVI F, WED~~..BY:/P~EE~ ~/; Thomas E. Kuck, Engineering Review Director / County Engineer D~te' APPROVED BY: Jo~e~ K. Sc4~mi~t, Administrator CHmm~nity Dev. and Environmental Svcs. Dat~' OCT 8 2002 imm ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 31 32 35 36 37 38 39 41 47 51 52 57 60 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF -THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN STONEBRIDGE UNIT FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 28, 1997 approved the plat of Stonebridge Unit Four for recording; arid WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer hnprovements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water/md sewer improvements in Stonebridge Unit Four, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Stone. bridge Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency:. Patrick G. White Assistant Collier County Attorney ..$ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN OCT 08 2002 E~C~I~ REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "STONEBRIDGE UNIT FIVE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Stonebridge Unit Five" CONSIDERATIONS: On January 24, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Un'it Five". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. This item was removed from the September 10, 2002 Board of County Commissioners agenda as the result of some concerns of the Homeowner's Association. The concerns of the Association have been corrected and the developer has posted a maintenance security. The Homeowner's Association have been involved with this action and concur with staff's recommendation. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None OCT 0 8 2002 ~xecutive Summary Stonebridge Unit Five Page 2 RECOMMENDATION: That the Board of County Commissioners.grant final acceptance of the roadway, drainage, water and sewer improvements in "Stonebridge Unit Five" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer ~ate APPROVED BY: ~ tor c~PuhnitKQ D~e~. and Envirom~tt' Ad~ini~tmernatal Svcs. Date~ OCT 0 8 20O2 (,,' 'lr~) I! ' .OCT .1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3~ 32 33 35 36 37 39 41 42 43 45 47 49 51 59 61 RESOLUTION NO. 02, RESOLUTION TO ALrrHO~ZF FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE AND WATER AND SE'~rER IMPROVEMENTS IN STONEBRIDGE UNIT FIVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE ~ANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September I, 1998 approved the plat of Stonebridge Unit Five for recording; and WHEREAS, the Developer has conslructed and maintained the roadway, drainage, and water and sewer improvements in accordance with thc approved phms and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the U61ilies Standards and Procedures Ordinance (collier County Ordinance No. 9'7-17); WHEREAS, the Developer is requesting final acceptance of thc roadway, drainage and water and sewer improvements and release of his maintenance security, and WHEREAS, the Engineering Review, Department of Community Development Services has inspected thc roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COI.I.TFR COUNTY, FLORIDA, that final ~icceptance is hereby granted for those roadway, clrainagc, and water and sewer improvements in Stonebridge Unit Five, and authorize the Clerk to release thc maintenance security. BE 1T FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, dr~insge, and water and sewer improvements that are not required to be maintained by the Stonebridge Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS CO!.l IER COUNTY, FLORIDA JAMES N. COLETTA, CHAIR_MAN Approved ns to form and legal ~flici~ _~~ PaUick G. Whi~ Assistant Collier County Attorney OCT 0 8 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 198 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-198 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-198 was recorded in the Official Records Book 3036 pages 1508 through 1509. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROW"TH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. REVIEWED BY: Shanelle Hilton ~/'~ __/~_~.~ Date: Jane~ Powers, Operations Manager SUBMITTED BY: J~/f.~'~--~---~'~t~ Date: Michelle Arnold, ~,ede Enforcement Director APPRO~D BY:~~ Date: mitt, Administrator A~A ITEM OCT 0 8 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2002-198 dated April 23,' 2002, recorded in O.R. Book 3036, Pages 1508, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 858,859,860,861,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274920003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thom~ C. Pain'er Assistant County Attorney OCT 0 8 2002 RESOLUTION NO. 2002- 19~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WfTH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. ;~s provided in Ordinance No. 99-51, aa successor to Ordinance No. 91-47, us amended, the d~tect costs pi abatement of cmlain nuisances, including prescribed administrative cost incun'ed by the Cour;t~.. shall be ussessed against such property; and WHEREAS thc cosl thereof to the County us to each parcel shall ~e culculated und reported to the Board of County Commissioners, together with a description of said parcel; and Wt{EREAS, such assessment shall be a legal, valid and binding obligation upon the propetny agatnst ~ h~ch r~;~d¢ until paid; 5nd WHEP.[~.) t:~e ~ssessment shall become due and payable no later than twenty (20) COMMISSIONEP.~ : : =LLIER COUNTY, FLORIDA, that lot(s) 86{ of thc prope:ly described NAME: PALM RIX [ fl I '.I ~,.TES, INC. I.EC, AI, DESCRI1'[ I~ i'. tots 858,859,860,861,862 and 863, Palm River Estate.% Unit 2, per plat in Plat Book 3. t:.~ , !~,,. public records of Collier County, Florida. COST: $245.00 ~EFERENCE#: 1746 FOLIO #: 65274920003 The Clark siudl (rE, rcgular U.S. mail} mail a copy of this Reso[ulion along whb the Notice ol As$c~rr, cr~t ot L~cn to thc owner(s} of thc above-described properly. It' within twenly (20) days ol the data ,.11 r:u,,',,:~ t~at copy. the owner tails to deliver payment in full to Colli¢~ County, tl,,e Resolution and Not~c~ ~: ~.~s~:~sment shall be rccorded in the official records of Collier County, and by racom'ding shall c~,~:ola u lien against the above-described real property, and to the extent allowed by law, shal$ ~is~ bc :~ [ier~ upon all other real end'or personal property owned by the noted propecty owner(s) in Celhe~ County. This Res~i,~l~e~ .~Dassed and duly.adopted by the Board of County Commissioners of Collier County, Florida th..s~ day of ~, 2002. ATTE~;T: BOARD OF COUNTY COMMISSIONERS [~eputyC~le~-k Attest ~ ~e Chalr'aan'$ lam~ " .... "'~'~"~' '~. 2981658 OR: 3036 PG: 1508 Approved as to form an~ legal sufficiency:,e~, ,.~ ~")C~~ Thomas C~.'P~lme-r, Assistant County Attorney AGF..N~A OCT O, BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLI%'R COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: APR ~7 !13 VIKING WAY NAPLES, FL MIl0 REF. INV.# 1746 FOLIO #: 65274920003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1158,859,860,861,862 and 863, Palm River Estates, Unit 2, per plot in Plat Book 3, Page 96, public records of Collier County, Florida. You, us the owner(s) of the proper~y above-described, as recorded in the records maintained by Ih¢ off'ice of Ihe Property Appraiser. are hereby advised thai the Code Enforcement Dir¢clor, did d¢lerminc a public nuisance existed on lot 861, and constituled u violation o[ county rc§ulalions on December 7, 2000. and ordered thc abatement of a certain nuisance ex~sltn§ on thc above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon yc~u. Thc nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTll IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by thc expenditure of pubhc funds at a direct cost of FORTY-FIVE ($4S,00) DOLLARS and an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY- FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your proper~y when recorded afler approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. ITEM OCT 0 8 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 199 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-199 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-199 was r. ecorded in the Official Records Book 3036 pages 1510 through 1511. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Date: ~i~I'~D2"' REVIEWED BY: Shanelle Hilton Ja~t Powers, Operations Manager S LIB MITRED B Y: ~//f~- ~.~ Date:. ~ "&?- t> 2. Michelle Arnold, C~Enforc~,ment Director APPROVED BY: ~. "-~'~~ ~ Date: ~'.X~///~'~'- /~seph K. Schmitt, Administrator AGEJqOA OCT 0 8 2002 p~._ ~ This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2002-199 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1510, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 858, 859,860,861,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274880004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this dax of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl JJER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney OCT 0 B 2002 PI-_ ~ 16/! 3 RESOLUTION NO. 2002- 1__99 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No, 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost iocuned by the County, shall be assessed against such properly; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and repolled to the Board of Counly Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a leg.d, '-'slid and binding .~blig~.mon upon the property against winch made until paid; x. VHEREAS, the a~sessment shall L~come due and payable no later than twenty (20) d;lys of Ibc d;~te pi the Legal Notice pi Asscssmem and interest shall acct~ie on the unpaid balance beginning on Ihe d;tte Ihts Resolution is recorded ut the late of twelve percent (I ~'%) pet annum NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s} 860 the property described as follows, having been abated of a public nuisance after due and proper notice thereo~ to the owner(s) of said p~operl), is he:eby assessed Ihe following costs of such abatement, Io NAME: PALM RIVER ESTATES, INC. I.EG~.I. DESCP. IPTION: Lots 868,869.860,861,862 and 863, Palm Riser Estates, Unit 2, per plat in PJal Book 3, Page 96, public records of Collier Count)', Florida. COST: $245.00 REFERENCE#: 1743 FOLIO #: 65274880004 The Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution along with the Notice o1' Assessment of Lien to the owner(s) of Ihe above-desc6bed propelly. If within twenty (20) days o1' tile dutc pi mailing that copy. tile owner fails to deliver payment in full I.. Collier Count~.. the Rc~olution and Notice ol Assessment si'caiI be recorded in the oll'icial records o[' Collier Couniy, and by rccosding sh;dl constitute a lien againsl thc ab( ye-described ['cai prol)Oly, and to thc cxlcnt alluw,.:d by law, shall also be a lien upon all othcl real und/or personal projX~ly owned by thc noted prol')e~xy owne~(s) in Collier County. This Resolution passed and duly. adopted by the Board of County Commissioners of Collier County, FIonda, this,2~ day of ~, 2002 A'I-FEST:' i. ' ' . BOARD OF COUNTY COMMISsIoNERs DWIGHT El BR(~CK, Clerk COLLIER COUNTY.~$L.ORID~ _ Aopro.,~.~d.9.m. ipf6rn-,and 2981659 OR: 3036 PG: 1510 legal sufficiency: ____ IlCO~lO ill 0fflCtll. IIC01DS 0I [C) Thomas C. Palmer, Assistant County Attorney leta: C~.°I° TO Til ll?llOfllCl 4Ti ;~]l ll? ~2°1 . OCT 0 8 2002 BOARD OF COUNTY COMMISSIONERS THROU~;H ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: 113 VIKING WAY NAPLES, FL 34110 REF. INV.# 1743 FOLIO #: 65274880004 LIEN NUMBER: LEGAL DE, SCRllVl'ION: Lots $58,859.860,861,862 and 863, Pahn River Estates, Unit 2. per plat in Plat Book 3, Page 96, public records of Collier County, Florida. You, as the owner(s) of thc propc~y above<icscribed, as recorded in the records maintained by thc office of thc Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance e'xisted on lot 860. and constituted a violation of county regulations on December 7, 2000. and oldered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No, 99-51. as amended and served a notice of violation upon you The nuisance is: ~VEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTll IN EXCESS OF 18" You have failed to timely abate such nuisance; v,-hcrcupon, il was abated by thc expenditure of .public funds at a d~rcct cost of FORTY-FIVE ($45.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for u total of TWO-HUNDRED FORTY- FIVE ($245.00) DOLLARS. Such cost, by Resolution o1' the Board of County Commissioners of Collier County, Florida. shall become a lien on your property when recorded after appl'oval by thc Board FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER CQUNTY. AGEHOA ITEM OCT 0 8 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 045 styled Board of County Commissioners Collier County, Florida vs. Patrick and Erin Rose regarding violation to Ordinance No. 91-102, Sections 3.9.3 as amended of the Collier County Land Development Code. OBJECTIVE.:.. To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-045 styled Board of County Commissioners Collier County, Florida vs. Patrick Rose and Erin Rose. CONSIDERATION: On September December 18, 2001 a public hearing was heard before the Code Enforcement Board regarding violations to Ordiances No. 91-102, Section 3.9.3 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of Three Thousand Seven Hundred Fifty Three Dollars and Seventy Five Cents ($3,753.75) for the prosecution, fines and operational costs incurred in this case and modified by Code Enforcement Board Order on Respondents' Request for Wavier of Fine/Lien dated August 22, 2002 waiving the fines but continuing the Order for operational costs in the amount of One Thousand Five Hundred Three Dollars and Seventy Five Cents ($1,503.75) and was recorded at Official Record Book 3099, Pages 3474, et seq., of the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of August 8, 2002 indicating compliance with the Order of the Board. On September 17, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. AC~.N~)A I'~ OCT 0 8 2002 GROWTH MANAGEMENT 1MPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: Shanelle Hilton REVIEWED BY: ~,,....~'-,~ ~3~~ Date: Jane~ Powers, Operations Manager SUBMITTED BY: APPROVED BY: Mic~~ement Director ehK Date: ~//~ ~-' · Schmitt, Administrator AGENOA OCT 0 B 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Thousand Seven Hundred Fifty Three Dollars and Seventy Five Cents ($3,673.75) arising out of the Code Enforcement Board Order Imposing Fine/Lien dated August 22, 2002 and modified by Code Enforcement Board Order on Respondents' Request for Waiver of Fine/Lien dated August 22, 2002 waiving the fines but continuing the Order for oPerational costs in the amount of One Thousand Five Hundred Three Dollars and Seventy Five Cents ($1,503.75), and recorded at Official Records Book 3099, Pages 3474, et. Seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Patrick and Erin Rose has been satisfied in full. THE WEST V2 OF THE SOUTHEAST IA OF THE SOUTHEAST lA OF THE SOUTHWEST ~A OF SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST Folio No. 0000000438360804 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Patrick and Erin Rose, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Ant, legal sufficiency: E~len T. Cha~lwell Assistant County Attorney OCT 0 8 2002 CLERK TO THE BOARD IflTB£OFFICB iTH FLOOR RECORDBD in th~ O~ICIAL RBCORDS oK COLLIBR COUItT¥, ~L 08/29/2002 at 03:iOP~ DWIGHT H. BROCK, CLgRK RBC FBB COPIES ~I~C 2~.5C 1.0~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLI.IER. COUNi'Y. FLORIDA. Pet:,tioner, ' VS. I~A'I'RICK W. AND I'~RIN I.. ROSI:.. Respondents. CASE NO. CEB 2001-045 0 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on December 18, 2001, after .. due notice to Respondents at which time the Board heard testimony under oath, received ~ ,-, evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral .., ()rdcr which was reduced to writing on December 21, 2001. and fumished to Respondent (attached as Exhibit "A"). ,~,~-' ~-' ' Said Order required Respondent to take certain corrective action by a time certain as more specifically set forth in this Order. An Affidavit of Compliance, bearing the date of August 8, 2002, has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has now been taken as ordered. Accordingly, it having been brought to the Board's attention that .Respondent has complied with the Order dated December 21,2001. The Respondents filed a Request for Reduction of Fines/Lien, which was heard on August 22, 2002. Attorney Phillip Francoeur appeared on behalf of the Responde presented their Request to waive all outstanding fines and agreement to pay t~he e: ~:.s an~Cc.r:~,~ i'ri~ imated OCT 0 8 2L OR: 3099 PG: 3475 operational costs of $1,503.75. The Board, having considered the Request of Respondents for Reduction of Fines/I,ien nov,' grants the same and waives the accrued $2,250 in fines. Accordingly, it is hereby ()Rl)iiRI.2l). that Ibc P, cspondcnts pay to Collier County operational costs in thc amounl of One thousand five hundred three dollars and seventy-five cents ($1,503.75). This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property described in Exhibit "A" and/or any other real or personal property owned by Respondents. DONE AND ORDERED this "~ Florida. 2002 at Collier County. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Petc~[ l.~e ~mann, Chairman 2800 North l lorscshoc Drive Naples, Florida 34104 STA'FE ()F FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged belbre me this~ay of ~"~r-~ · 2002, by Peter Lehmann, Chaimmn of the Code F~ntbrcement Board of Collier County,(l~}orida,' who is personally known to me or [/" who has produced a Florida Driver's I.icense as identification. ~;~C0nuni,sion ~ CC B89982 NOTARY PUBLIC %~ n,,,,a.a 'r.,,, My commission expires: AGENDA ITEM OCT 0 8 2002 OR: 3099 PG: 3476 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a Irue and correct copy of this ORDER has been sent by I3. S. Mail tO Patrick W. And Erin L. Rose, IC,5 Bass Lake Drive, Kalispeil, MT. 59901 and to Philip Franc~eur. Esq.. 800 Laurel Oak l)r., 5itc. 300, NaFies, Florida 34108 this i ,;,~-?(¢~lay of M. Jean/~wson, Esq. Florida'Bar No. 750311 Attorney lbr the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34 ! 02 (941) 263-8206 OCT 0 § 200" / OR: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 3099 PG: 3100 PG: 00' 8 ,-.-- BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, & Petitioner, VS. ROSE, PATRICK W. AND ERIN L., Respondents CEB NO. IM2001-045 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOA?.D THIS CAUSE came on for public hearing before the Board on December 18, 2001, and the F_,card, having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT I. That Patrick W. and Erin L. Rose are the owners of record ofthe subject property. 2. That the Code Enforcement Board has jurisdiction ofthe person ofthe Resl~ondents and that the Respondents, having been duly notified, failed to appear. 3. That the Respondents were notified of the hearing by certified mail and posting. 4. That the real property located in Naples, Florida, more particularly described as Folio No. 0000000438360804, the West 'A of the Southeast I/4 of the Southefist !/4 of the Southwest 1/4 of Section 24, Township 50 South, Range 26 East, Collier County, Florida as recorded in the Pt,blic Records of Collier CoUnty, Florida is in violation of Sections 3.9.3 of Ordinance No. 91-102 following particulars: , the Collier County Land Development Code, as amended, in t4 AGENDA ITEM OCT 0 8 2002 OR: 3099 PG: 3478/ 3100 PG: 0049 L Removal of vegetation from approximately 1/4 acre of unimproved agriculturally zoned property without first obtaining all required Collier County permits. 5. That Patrick W. and Erin L. Rose are in violation of Section 3.9.3 c£ Ordinance No. 91-102, the Collier County Land Development Code, as amended. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is herr;by ORDERED: That the violations of Section 3.9.3 of Ordinance No. 91-102, the Collier County Land Development Code, as amended, be corrected in the following manner: I. The Respondents correct the violation of Section 3.9.3 of Ordinance No. 91-102, the Collier County Land Development Code, as amended, by obtaining an after- the-fact agricultural clearing permit or approved mitigation within one hundred and twenty (120) days (June i 7, 2002). 2. That ifthe Respondents do not comply with paragraph I of the Order of the Board' within one-hundred and twenty (120) days (June 17, 2002), then there will be a fine of $50 per day, for each day that the violation continues past Iht,;. date. 3. That the Respondents pay all operational costs incurred in the prosecution of th'is case until it comes into compliance. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days oflhe execution of the Order appealed. An appeal shall not be a hearing tie nova, .but shall be limited to appellate review ofthe record created within. Filing an Appeal sl~ .-.a? .:he Board's Order. OCT 0 8 ,..,.,,.,Z ~/*** OR: 3099 PG: 3479 *** *** OR: 3100 PG: 0050 ***~ DONE AND ORDERED thisc~~aY of December, 2001 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ,BY:_ Cliff Fie~a{, Cha)/man 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLOR.IDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was ac -knowledger~ before me this'~\l~9-dday of December, 2001, Fleoal Chairman of thc Code Em%rcement Board of Coilier County, Florida, who is by Cliff e~o~ally -known to me or bt/' who has produced a Florida Driver's License as P t-,bxi~ti.~ 1.,.,~ t~,'o g$99g_2 NOTARY PUBLIC ;~.~.~e~_',,,co~'"°~o,. 22.2oo3 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Patrick W. and Erin L. Rose, 105 Bass Lake Drive, Kalispell, MT 59901 thk, __ day of December, 2001. M. Jeafl R~a~'on, Esq. Florida Ba? No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 . (941) 263-8206 OCT 0 8 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2000- 035 styled Board of County Commissioners Collier County, Florida vs. I.E.C. Rentals, Inc. and Ivy Jean Nebus regarding violation to Ordinance No. 91-102, Sections 1.5.6, 2.1.11,2.1.15, 2.2.16.2.1, 3.3.9, as amended of the Collier County Land Development Code and Ordinance No. 99-51, Sections 6,7,8,9 of the Collier County Weeds and Litter Ordinance. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2000-035 styled Board of County Commissioners Collier County, Florida vs. I.E.C. Rentals Inc. and Ivy Jean Nebus. CONSIDERATION: On September 28, 2000 a public hearing was heard before the Code Enforcement Board regarding violations to Ordiances No. 91-102, Section 1.5.6, 2.1.11, 2.1.15, 2.2.16.2.1, 3.3. as amended, of the Collier County Land Development Code and Ordinance No. 99-5 i. Sections 6, 7, 8, 9 of the Collier County Weeds and Litter Ordinance. An Order Imposing Costs/Lien i,.~ the amount of Five Thousand Seven Hundred Fifty Dollars ($5,750.00) for the prosecution, fines and operational costs incurred in this case and was recorded in O.R. Book 2749, Pages 2159, et. seq., and modified by Code Enforcement Board Order on Respondents' Request for Wavier of Fine/Lien dated February 22, 2002 waiving the fines but continuing the Order for operational costs in the amount of Seven Hundred Seventy Six Dollars and Forty Two Cents ($776.42) and was recorded at Official Record Book 2787, Pages 2531, et seq., of the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed beating the date of January 25, 2002 indicating compliance with the Order of the Board. On September 10, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. AC, EF~ A ~TEM OCT 0 8 2002 GROWTH MANAGEMENT 1MPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Flor/da. PREPARED BY: ~ Date: q'/a'~/~'~ Shanelle Hilton REVIEWED BY: jan~owers, Operations Manager SUBMITTED BY: ///~cC~/ff~: --~~=Y---~ Date: Mich'~lie Arnold, Code ~Jiinforcement Director eph K. Schmitt, Administrator Date: OCT 0 8 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-244O SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Hundred Seventy Six Dollars and Forty Two Cents ($776.42), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 25, 2001, recorded in O.R. Book 2749, Pages 2159, et. seq., and modified by Code Enforcement Board Order on Respondents' Request for Wavier of Fine/Lien dated February 22, 2002, and recorded at Official Record Book 2787, Pages 2531, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all Other real and personal property, located in Collier County, which is owned by I.E.C. Rentals, Inc. and Ivy Jean Nebus has been satisfied in full. 36 49 25 N152 FT OF FOLL DESC, COMM. CNT SEC, N 1609.19 FT TO POB, CONT N 396.69 FF, W 329.99 ET, S 396 FT, Folio No. 00275560003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by I.E.C. Rentals Inc. and Ivy Jean Nebus, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS CO! l JER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form An~t legal sufficie~ncy: "~len T. Chadwell Assistant County Attorney OCT 0 8 2002 CLERK TO THE BOARD I~TBRO~FIC~ lit 7240 4TH FLOOR RECORDED in the O~FICIAL RECODS of COLLIH COUP?Y, ~L COPIES 03/08/2001'at 09:10AM DWIGHT B. BROCK, CLHRK MI$C CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioners, VS. I.EC. RENTALS, INC., IVY JEPZ4 NEBUS, Respondents. / CASE NO. CEB 2000-035 : ORDER ON RESPONDENTS' REQUEST FOR WAIVER OF FINE/LIEN' The Respondent presented his Request for Waiver of Fine on February 22, 2001. THIS CAUSE came on for public hearing before the Board on January 25, 2001, after due notice to Respondents, at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 1, 2000 and furnished to Respondent. (See attached Exhibit ,,A-) Said Order required Respondent to take certain corrective action to correct the violation as more specifically set forth in this Order. Further, the Board ordered that the costs for correcting the violations on the property and the operational costs incurred in the prosecution of this case be a lien on the subject property. An Affidavit of Non-Compliance, bearing the date of January 19, 2001 was filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has not been taken as ordered. The Board Ordered that the Respondent pay to Collier County a fine in the ar 10,00 1,00 ounh 25Lt( OCT 0 8 2002 OR: 2787 PG: 2532 thousand seven hundred and fifty dollars ($5,750) for the period of December 27, 2000 throug_h January 19, 2001, at a rate of $250 per day, plus $776.42 for the operational costs incurred in the prosecution of this case oh January 31, 2001 (See attached Exhibit "B"). The Board, having been given an Affidavit of Compliance dated January 25, 2001, indicating that the corrective action has been taken, .,now waives the fine, but continues the Order for operational costs of $776.42. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property described Jn Exhibit "A" and/or any other real or personal property owned by Respondent. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days of the execution of the order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED THIS ~ day of February, 2001, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Cliff'Fieg~,, Cl~aig~an 2800 No~h Hor, geshoe Drive Naples, Florida 34104 AGENDA )6 q' OCT 0 8 2002 STATE OF FLORIDA ) SS: COUNYY OF COLLIER) The foregoing iflstrument was acknowledged before me this day of February, 2001 by Cliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is //' personally known to me or as identification. who has produced a Florida Drivers' License NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to I.E.C. Rental,. ~c. and Juciv Nebus at 3100 North Road, Naples, Florida 34104, this fl-? day of -~&'~-'"'~,~. 2001. M. Jean,(~,~wson, Esq. Florida Bar No. 750311 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 OCT 0 8 2009 ~.(_~' ,/ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLOR. IDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Petitioner, I.E.C. RENTALS, 1NC. IVY JEAN NEBUS Respondents CEB NO. 2000-035 / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public heating before the Board on October 26, 2000 and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings and Fact, Conclusions of Law, and Order of the Board. as follows: FINDINGS OF FACT 1. That I.E.C. RENTALS, INC. is the owner of record ofthe subject property and JEAN NEBUS is the Resident Agent. 2. That the Code Enforcement Board ha<jurisdiction ofthe person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hnaring. 3. That the Respondents were notified of the date of hearing by certified mail, r~:eived on September I0, 2000, and by posting. 4. That the real property located al 3994 Mercantile Avene. Naples. FloriC AGENDA LTEM more (2) Ceasing and desfsting any and all storage and processing uses of an industr/al lot; and - (3) Obtaining Collier County Site Development Plan (SDP) approval and all subsequent permits prior to use of property. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 60 days (December 26, 2000), then and in th'it event there will be a fine of $250, plus all costs incurred in prosecuting this action, imposed for every, day the violation continues to exist regardless of the time the corrective action is taken, all costs incurred in prosecuting this action shall be imposed. DONE AND ORDERED this [:fZZkday of (~. - ,2000, at Collier Count3.', Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLOR/DA BY: CliffFle~l, CJ:dirmah 2800 Nbrth Hbrseshoe Drive Naples, Florida 34104 STATE OF FLOR/DA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \,~b day of ~ , 2000 by/Gliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is ~/personally known to me or who has produced a Florida Driver's Licence as identification. NOTARY PUBLIC My commission expires: OCT 0 8 2, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to I.E.C. Rental. Inc. and Judy Nebus at 3100 North Road, Naples, Florida, 34104 this \ ~_.,'r day of '(-"~-L'~ ,2000. M. Jean~awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 0CT 0 8 2002 COUNTY OF COLI.,LIER ) SS. Based upon the foregoing, the undersigned code enforcement official hereby certifies tht the above-described violation continues to exist: that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this /F_.) day of ?~r~ ,20~_~' JOHN MARSH Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER OFi:t(::tAL t'~O'I'^RY SEAL MARIA E CRUZ NOTARY PUBLIC STATE OF FLORIDA COMMI$$1ON NO. CC7.~3313 MY COMMiSS1;~': 5)? NOV. ',.,, 2002 Sw~ (or affirmed) and subscribed before this ,/'~ day of ~-~"z4_ 20 o/, by JOHN MARSH (name of pe~on ¢1/aking statement) (signature of N~'y Public) (print, type or stamp commissioned name of Notary Public) Personally known t~'~or produced identification Type of identification produced AGENDA rr~.M OCT 0 8 200 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL.ORIDA, Petitioners, VS. I.E.C. RENTALS, INC., IVY JE,~N NEBUS CASE NO. CEB 2000o035 Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board, on Januar7 25, 2001, after due notice to Respondents. At the public hearing on October 26, 2000, the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 1, 2000 and furnished to Respondents. (attached as Exhibit "A") Said Order required Respondents to take certain corrective action to correct the violations by a time certain as more specifically set font in this Order. An Affidavit of Non-Compliance, bearing the date of January 19, 2001, has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action had not been taken by the Respondent, as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not AGENDA iTEM complied with the Order entered on November 1, 2000, it is hereby OCT 0 8 2002 .ll' ORDERED, that the Respondent pay to Collier County a fine in the amount of five thousand seven hundred and fifty dollars ($5,750) for the period of December 27, 2000 through January 19, 2001 at a rate of $250 per day plus $776.42 for the operational costs incurred in the prosecution of this case. This Order may be recorded and shall, pursuant to Section 162.09, Flor/da Statutes, constitute a lien against any real or.personal property owned by Respondent. DONE AND ORDERED THIS __2bj~x--~-' day of January, 2001, in Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) SS: COUNTY OF COLLIER) 2800 Nor'th Hors/~shoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this ~"ffay of January, 200 I, by CliffF/leo_.al, Chairman of the Code Enibrcement Board of CoIIier County, Florida, who is 'l/ ~personally 'known to me or who has produced a Florida Drivers' License as identification. NOTARY PUBLIC My commission expires: OCT 0 8 20L V~o filOI ~U, ~J~V CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Order Imposing Fine/Lien has been furnished by U.S. Mail to I.E.C. Rental, Inc. and Judy Nebus at 3100 North Road, Naples, Florida 34102 this ~----~k~-~-~ day of January, 2001. M. Jea~f~awson, E~q. Florida Bar No. 750311 400 FiSh Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 State cf FLOP, TC, A Ccun[.~ of CULL!ER the CFF~C?AL ~"~,e~ · ,~.,uj of Col )ter Cownt~ WIFt(~} m~ hand at:~ official.seal thi~ ~,:~~~ ~c~. ~.c. OCT 0 8 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 200 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-200 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County [amd Development Code. Resolution No. 2002-200 was recorded in the Official Records Book 3036 pages 1512 through 1513. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost Will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Date: t~/'2-~o/O~2-- REVIEWED BY: Shanelle Hilton ~an~et Powers, Operations Manager Date: Michelle ment Director Arnold, APPROVED BY: K. Sct~n~itt,-Admin~strator- OCT 0 8 2002 This instrument prepared by: la~tet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien i~ the sum of Two Hundred Forty Five Dollars ($245.00), arising oat of the Board of County Commissioners Resolution No. 2002-200 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1512, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 858, 859,860,861,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274800000 The undemigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this da3' of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COI.I IER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney 0CT 0 § 2002 RESOLUTION NO. 2002- 200 A RESOLUTION OF THE BOARD OF COUNTY COMMLSSIONER$ PROVIDING POR I['I'tE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5[, AS SUCCESSOR TD ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, 8s successor to Ordinance No. 91-47, as amended, the direcl costs of abatement of certain nuisances, including prescribed administrative cost mcan'ed by the County. shall be assessed against such property; and WHEREAS, the cost thereof to thc County as to each parcel shall be calculated und reported to the Bo,~M of County Corem{s~One~, together with a description of said parcel; and WHEREAS, .~uch assessment ,hail ~ a I~?:,~l, ~a~sd ~ binding, ubl~ulion upon tile propel~y against which nlude until paid; and WHEREAS, the assessmenl shall become due and payable no later than twenly ('2_0) days ol tile date ol the Leg.d Not,cc of As.~e.':;sment and interest shall accrue on the unpaid balance beginning o~ the date Ibis Resoluuon is recorded al the rate of twelve percent (1:2%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 858 of the property described as follows, having been abated of a public nuisance after due and proper not,ce Ihereof to tile owner(s) of said properly, is hereby assessed the following costs of such abatement, to wit: NAME: PALM RIVER ESTATES, INC. LEGAl. DESCRIPTION: Lots 858,859,860,861,862 and 863, Palm River Estales, Unit 2, per plat in Plal Book 3, Page 96, public records ol'Collier Count)', Florida. COST: $245.00 REFERENCE#: 1745 FOLIO #: 65274800000 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Asscssmcnl of Lien Io the owner(s) of the above-described propecty. If within twenty (20) days of the dale of mailing thai copy, the owner Iails to deliver payment sn full IO Collier County, the Resolution and Nogcc ut Assessment shall be recorded in the ol'l'~cial records of Collier County, and by recording shall constitute a lien againsl the above-described real propecty and to the e~tent allowed by law. shall also be a Isen upon all other real and/or personal properly owned by the noted properly ownerIs) ill Collier County. This Resolution passed and duly.adopted by the Board of County Commissioners of C~flier County, Florida, this ~*-,.~_ff..~_ day of ~s,(~s..~, 2002. !~'I~EST: , :'; BOARD OFCOUNTY COMMIssIONERS Deputy Clerk Atilt ~ ~ C~llll~fl'$ Jamc~"'/'q. Colctta, Chairman ~,~"~*--a'~ 2981660 OR: 3036 PG: 1512 ~ ~~ OSII,I20GZ it lhllA, OIIGH, ,. ,lOCi, CLII, Thom~ C. Palmer, Assistanl Counly ~tlomcy letfl: 3 A~NOA ITE~ 0CT 0 8 2002 ,,..3 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: APR 2 113 VIKING WAY NAPLES, FL ~4110 REF. INV.# 1745 FOLIO #: 65274804}4N}0 LLEN NUMBER: LEGAL DESCRIPTION: Lois $$$,$59,860,861,$62 and 863, Palm River Estate~ Unit 2, per pent in Pint Book 3,-page 96, public records of Collier County, Florida, You, ne lite Owner'(s) of the jmopext¥ nb.~ve-4~-'~nheJ:~, n~ l~COrSed in the records maintained by the office of the Property Appraiser. are hereby advised that ~,he Code Enforcement Director, did determine a public nuisance existed on lot 858, and constituted a violation of county regulations on December '7, 2000, and ordered the abatement of a certain nuisance existing on the above ploperiy prohibited by Ordinance No. 99-51. as amended and served a notice of violation upon you The nuisance is: t, VEEDS: ACCU~,[ULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed lo timely abate such nuisance; whereupon, it was abated by the expenditure of pubhc funds at a direct cos! of FORTY-FIVE ($45.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of T~,VO-HUNDRED FORTY- FIVE ($~tS.00) DOLLARS. Such cost. by ResolUtion of ~ Board of County Commissioners of Collier County. F~,octaa. s~a~l become a lien on your property when recorded after approval by the Board. FAILURE TO TI~IELY PAY THE AMOUNT SPECIFIED [N THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN (~OLLIER COUNTY. 3 AGENDA ITEM OCT 0 8 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 175 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE.'.. To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-175 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 9, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-175 was recorded in the Official Records Book 3027 pages 2709 through 2710. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost'will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ,c~~ Date: Shanelle Hilton REVIEWED BY: ~...--~ ~ Date: .lane~powers, Operations Manager SUBMITTED BY: 6/~~ ,~.--~C7~~ Date:. Michelle Arn~~e En_~rcement Director BY: ~/"?~-~~-4,e~s"'""~g' Date: APPROVED /JoSeph K. S4chmitt, Administrator OCT 0 8 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2002-175 dated April 9, 2002, recorded in O.R. Book 3027, Pages 2685, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 851,852, 853, 855, 856 and 857, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274720009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J IER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thom~ C. Palmer Assistant County Attorney 16 ,1 RESOLUTION NO. 2002- 175 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47,' AS AMENDE. D WHEREAS, as provided in Ordinance No. ~9-51, ss successor to Ordinance No. 91-47, as amendea:L the direct cosls of abatement of certain nuisances, including pmscrihed administrative COSl incurred by the County, shuU be assessed agaiosl such properly; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to Ihe Board of County Commissioners, together with a descriplion of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against '~,hich made tmld paid; and WHEREAS, Ihe assessment shall become due a~d ~ayable no IMe~ than twenty (20) days of the date of ibc Leg,d No, ice ol Assessment and interes~ shall accrue on the unpaid balance be~ninnlng on the date ~h~s Resolution is recorded ut the rate of Iwelve percent (l 2%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORrDA, that lot(s) 856 the property described as follows, having been abated of u public nuisance slier doe and proper notice thereof to the owner(s) of said property, is he:thy assessed the following COSlS of such abatement, to wit: NAME: PALM RIVER ESTATES, INC. LEGAL DESCRIPTION: Lot(s) 851,852,853,855,856 and 857, Palm River Eslates, Unil 2, per plat in Plat Book 3, Page 96, public records of Collier County, Florida. COST: $255.00 REI~RENCE#: 2017 FOLIO #: 65274720009 The ,Clerk shall (by regular U.S. mail) mail a copy or this Resolution along with Ihe Notice of Assessmenl OI Lien to thc owner(s) of thc above-described propelly. Ir wilhin twenly (20) days ol the daic tZt mulling thai copy, the or, ncr lads lo deliver payment in lull Io Collicl County, tile Resolution and Notice ut Assessment si'oil be recorded in thc ol'ficial records of Collier County, and by recordmg shall constitute a lien against thc uboye-descfibed real properly, and lo the extent allowed by law, shall also be u lien upon ali olher real and/or perso~a{ property owned by the noted property owner(s) in Collier Counly. This Reso]U~on gassed and duly ~]opted by the Board of County Commissioners of Coil/er Co~mly,,,.Flfi~di~ .this ~ day of ~,~_, 2002. .,.' · ',L~. ' ~C,: ATTEST: ..; i!>.;.'~ ........ ~' ,-?,."'; BOARD OF COUNTY COMMISSIONERS DWIGH?' ~...B~R.~K:?j~y;-.~~ COLLIER COUNT):gFLORI~A .,., . Depu'~gr.k ~,~-.-'~-~-~ ~ ~ lr'BIf'a Jan~N. Coletta,-Chairm~n - '"-,% ' "'""' [~.~..~ ~O. ' Approveda;'t'o[l~'"' 2973932 OR: 3027 PG: 2709 legal sufficiency: IIC 111 Il,SO - Thomas ~. Palmer, Assistant County Attorney k~: Il? AGENOA ITEM OCT 0 8 20C. p~..~' BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: APR - 321 vIKING WaY NAPLES, FL 341 I0 REF. INV.# 2017 FOLIO #: 65274720009 LIEN NUMBER: LEGAl. DESCRIPTION: Lot(s) 851,852,853,855,856 and 857, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, public records of Collier County, Florida. You, us the owner(s) of the property above-described, as recorded in t~: records muintuincd by II~c ol'fice of lhe Properly Appraiser, are hereby advised that the Code Enforcement Director. did dttermtm: a public nmsance existed on lot 856, and constituted a violation of count).' regulzmons on SepJember 19, 200l. and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5l, as amended and served a notice of violation upon you. Thc nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH iN EXCESS OF 18" You have Jailed lo limely abate such nuisance; whereupon, it was abaled by lire expenditure of public funds al a direcl cost of FIFTY-FIVE ($55.00) DOLLARS and adminlsmmve cosl'of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost. by Resolution of the Board 6f County Commissioners of Collier County, Honda, shall become a lien on your property when recorded after approval by the Board. FA ILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. OCT O B 2002 EXECUTIVE SUMMARY Approval of the Satin. action of Lien fo[ C,(x~e Enforcement Board Case No. 2002- 181 styled Board of Cc)amy Corr~m~'~ Coil/er County, Florida vs. Palm River Estates regarding viotation of Or~ No. 99-5 t of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Sa~sfar~on of Lien in Code Enforcement Board Case No. 2002-181 styled Board of Coumy Commisskmers Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 9, 2002 a public heating was heard before the Board of County Commissionersode Enforcement Board regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. ResolutiOn No, 2002-181 was recorded in the Official Records Book 3027 pages 2683 through 2684. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case o FISCAL IMPACT: The fiscaJ imr~act related to recording in the amount of Seven Dollars ($7.00). This cost wilt be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT I~rlPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. Shanelle Hilton REVIEWED BY: SUB~ BY: APPROVED BY: ~-"1~,~,._,....~ t/~.~_,..._,_.~ Date: Janet Powers, Operations Manager [//~/~. r~-~-- ~d--Date:' Michelle Amol~cement Director Date: tt, Adrmnistrator OCT 0 8 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that thc claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Conm,fia~m~rs Resolation No. 2002-181 dated April 9, 2002, recorded in O.R. Book 3027, Pages 2683, e.1. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 851,852, 853, 855, 856 and 857, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274760001 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COt ] JER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thorn's C. Palmer Assistant County Attorney AGENDA ITEM OCT 0 8 2002 16A3 RESOLUTION NO. 2002- lgl A RESOLLrTION OF 'I'HE BOARD OF COUNTY COMMISSIONERS PRO¥IOING FOR THE AS'SESSMENT OF LIEN I=OR ~ COST OF Th'£ ~BATEMEN'F OF PL,~LIC IqUIS~,'~CE~ ACCOR~ WTT'H O~CE No. e~9~.~ AS SUCg"I~-~g:OR TO ~ N~. 91-4n3. · ~ A ME%"D~D WHEREAS, as provided m OrdiMnce No. 99-5 i, ms su~ ~o Ordina~nc~ No. 9Y~-47, as ame'aded, the direct costs ed abatement of ~r~am nuisances, including p~cscrii:~d administralive cost incurred by Ihe County, shall be assessed against such property; and WHEREAS, the cost thereof to lbe County as to each parcel shall be calculated and reported to the Board of County Commissioners, (ogether wiih a descriplion of said parcel; and WHEREAS, such as. sessment shall be a legal, valid and ~ieding obligation upon the proper~y agam:~t whic~b {~adc u~dl paid: and WHEREAS, tine ass~..s~m~ shalI become due and payable no g~.e~ ~an Iwemy ('2_0) day~ c~¢ Ihe d~e of 0-,e Le~.~l Nolice of Assessment and interest shall accrue on the unpaid, '~egmmn~ on ting date t~;,s Resolmion is recorded '.~ lbe me of twelve percem (12%) per annum. NO~,\', THEREFORE, ~BE iT RESOLVED BY Ti'~ BOARD, OF COUNTY COMMISSIONEP, S OF COLLIER COUNTY. FLORIDA, that lot(s) 8_57 the properly described as follov,'s, had'mR been abated of a public nuisance after due and proper notice thereof to the owner(s) of said prope~y, is hereby assessed Ihe following costs of such abatement, to wit: NAME: PALM RIVER ESTATES, INC. IA':GAI. DESCRIPTION: l.ol(s} 851,gs~853,g55.g56 and 857, Palm River Eslales, IJnil 2, per plat in Pla! Book 3, Page 96, public r~¢o~is ~1' ~ Co...~y, COST: $245.00 R£FERENCE#: 1742 FOLIO ~. 65274760001 The CtevL <.hull ~b)' reF~ular U.S. mail) mail a copy o[ this Resolutio,~ aiong with the Notice of As.~essmenl of L~en to Ibc owner(s) of Ihe above-described property. If within t-'.enly (20) days ot the da~c of mailing Ihal copy, I1~¢ owner lails to deliver paymenl in full to Collier CoumS,, Resolution and No[ice of Assessment shall be recorded in the official records of CoD{er County, and by recording shall constdu~e a lien a~ainsl the aboy~-described real prope~y, a,.',d to the ;dlowed by law. shall also be a lien upon all other real anc[/or personal pcoperly owned by lhe holed proper~y owner(s) in Collier County. This Resolmion gassed and duly a,~op{ed by t~ B~a~d of County Commissioners of ~OAR~ O~ COUNTY legal sufficiency: IlCOIRI In 01'HClI~, U~0lll$ 0l COgtlll Bt Ifil 11,$! Thomas C Pa]mer~ As~stant County Am~mey let~: ii1' 1211 AOENDA ITEM OCT 0 8 20, i© 16A3 BOA RD OF coUNTY COMMISSIONERS THROUGH ITS CODE F. NFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: APR - 9 321 VIKING WAY NAPLES, FL REF. INV.# 1742 FOLIO #: 65274760001 LIEN NUMBER: I.EGAL DESCRIPTION: Lot(s) g51,$52,853,855,$S6 and 857, Palm River Eztate~, Unit 2, per plat in Plat Book 3, Page 96, public re~ords of Collier County, Florida. You. as the owner(s) of the proper~y above-described, as recorded in the records maintained by Ihe office of Ihe Properly Appraiser. are hereby advised thai the Code Enforcement Direclor, did delermine u public nuisance exisled on lot 85'7, and constituted a violation of county regulations on December 7, 2000, and ordered the abulemem of a certain nuisance existing on the above prop,'ny prohibited by Ordinance No. 99-5 I, as amended and served a notice of violation upon you. The nmsanc¢ is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to I~mely abate such nuisance; whereupon, it was abated by Ihe expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS and un admimstrat~ve cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY- FI'VE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on your properly when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COL~IER COUNTY. F LIENS/MSTR LNAL OCT 0 B 2002 EXECUTIVE SUMMARy Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 182 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-182 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 9, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-182 was recorded in the Official Records Book 3027 pages 2685 through 2686. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost,will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~:2j~ Shanelle Hilton Date: Date: REVIEWED BY: ~--/'~-----~---~ JanLJt Powers, Operations Manager SUBMITTED BY: Director ~MichelleAm°l~ment Date:~//~ APPROVED BY: /ln~nh I<_ gc{a~i~t, Administrator OCT 0 8 2002 J This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2002-182 dated April 9, 2002, recorded in O.R. Book 3027, Pages 2685, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 851,852, 853, 854, 855, 856 and 857, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274720009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl JIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney AGENOA ~TEM OCl 0 B 2002 16 3 RESOLUTION NO. 20022. 8 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF UEN FOR THE COST OF THE ABATEMENT OF pUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SuCCF~SOR TO ORDINANCE No. 91-47, ' AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ot~iinancc No. 91-47, as amended, Ihs direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be ussesstd against such property; and WHER,~AS, the cost thereof to the County as to each pamel 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 thc property against which made until paid; and WHEREAS. the ass~s..smgnt shall become due and payable no lamr than twenty (20) days of thc date o~' thc Lc_gal Nolice of Ass~s.srr~nt arid interest shall accrue on thc unpaid balance beginning on the date ihis. Resolution is recorded at the rale of twelve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) $§6 the properly described as Ioltows. having been abated of a public nuisance after due and proper notice tbereof to the owner(s) of said properly, is hereby assessed the following costs of such abatement, lo wit: NAME: PALM RIVER ESTATES, INC. LEGAL DESCRIPTION'.. Lot(s) 851,852,gS3,8S5,$56 and 857. Palm River Esl~tes, Uoit 2, per plat in Plat Book 3, Page 96, public records of Collier Counly, Florida. COST: $24S.00 .REFERENCE#: 1744 FOLIO #: 65274720009 Thc Clerk shah (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien Io the owner{s) of Irc above-described properly, if within twenly (20) d~tys of the d,~te of mailing thul copy. the owner fails to deliver payment in full to Collier County. the Resolulion and Notice' of Asscssment shall be recorded in the ol't-~ciul records of Collie! County, und by recolding shuU constitute a lien against the abg,¥¢-describcd real properly, and Io the allowed by law, shah also be u lien upon all other real and/or personal properly owned by Ire noted property owner(s) in Collier County. This Resolution ppssed and duly adopted by the Board of County Commissioners of Collie. l' ~oe~"~.~Flonda this~, day of~,~L~, 2002. .., :':, ,'.L£ ":: .. -- ~¥ '-.:. ~.',,, BOARD OF COin, trY COMMISSlO~RS ?',,~F~¥:'~i~"~.,:,,/ ,=~".~. ~.]~. 29~3920 OR: 30Z'/ ~G: Apl~ved, ee,t~'form and I~l~l~ is 011IClA!, I~C0t~S 0t C01,Llll C'01~!, 10v,,-,. . ~ .cra Thomas C. Palmer, Assistant Catty Attorney CI,III~ '~ m IGAI~ l~II~a 4~ ~1~01 , AGEHOA ITEM OCT O t,~t OR: 302'I PG: 26B6 16A BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTIC~ O!~ A~~ O~ ~ PALM RIVER ESTATES, INC DATE: ~ "~J ~ 321 VIKING WAY NAPLES, FL 34110 REF. INV.# 1744 POLIO #: 65274720009 LIEN NUMBER: LEGAL DESCRIPTION: Lot(s) 851,$$2,853,$5S,$56 ,,nd 857, Palm River Estales, Unit 2., per pla! in Pin! Book 3, Page 96, public re~ords of Collier County, Florida. You. as the. owner(s) of the property above-de~crihed, as recorded in the records rauinl~m~cd by the ot'l~ce of the Propmly Apprm~er, are hereby advised thai the Code Enforcem~m Director. d~d dcter~mine a public nuisancr existed oo k~ 856. arid constituted a violation of county regulutions on December 7, 2000, and ordered the abatement of a certain nuisance existing on the abo','c propeil¥ prohibited by Ordinance No. 99-51, as amended and served a nolice of violation upon V'/EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTtIER NON-PROTECTED OVERGROWTII IN EXCESS OF 18" You have fm~led to timely abate such nuisance; whereupon, it was abated by thc expendilure of pubiic funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS and an udminislralivc cbst of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY- FIVE ($245.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Flolida, shall become a lien on your prope~y when r~corded ul'ter approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT St~.A~IFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN ~ OCT 0 B 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 196 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-196 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-196 was recorded in the Official Records Book 3036 pages 1504 through 1505. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: REVIEWED BY: Shaneile Hilton SUBMITTED BY: APPROVED BY: itt, Admifiistrator Jan~ Powers, Operations Manager [/,~tt~ - ~ ~ Date: Michelle Arnold, Code Enforcement Director Date: Date: Date: A~A ITEM OCT 0 8 2002 n. I This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2002-196 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1504, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 858, 859, 860, 86,1,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65275000003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl I JER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney A~A~TEM OCT O.B 2002 p~. Z RESOLUTION NO. 2002- 19______~6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I,. AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct cosls of abatement of cena n nuisances, including proscribed udministrahve Cosl incurred by the Counly, shall be assessed against such property; and WHEREAS, the cost thereof Io Ihe County as to each parcel shall be calculated and reported to Ihe Board of Counly Commissioners, Iogether with a description of said parcel; and WHEREAS. such assessment shall be u legal, valid and binding obhgut~on upon Iht property against which made until paid; and WHEREAS, the assessment shall become due and payable no luler than twenty (20) days of the d;~le o1' Ih¢ Legal Notice of' Assex:imenl and interest shall accrue on the unpaid balance beginning on lite date this Rcsolulion is recorded at Ih¢ rule of Iwclve percent (12%) per annum. NOg', THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 863 Ihe properly described as follows, having been abated of a I:~bhc oui.s~'~ce u/t,~ due and proper not,ce thereof to the owner(s) of savd progeny, is h~reby assessed the following costs of such abatern~m, to wit: NAME: PALM RIVER ESTATES, INC. I,EGAL DESCRIPTION: Lots 858,85'),860,861,862 and 863, Palm Riser Estates, Unit 2, per plal in Plat Book 3, Page 96, public records of Co lier Count}', Florida. COST: $245.00 REFERENCE#: 1740 FOLIO #: 65275000003 The Clerk shall (by regulal U.S mail) mail a copy of this Resolulion along wilh Ihe Notice of Assessmem of ben to the owner(s) of the above-described property. It within twemy (20) days of Ihe date of mmlJng Ihal copy, Iht owner fulls lo dcl~ver payment in fuji 10 Collier Count)', Ihe Rcsolulion and Nolicc ot Assessmem shall ~ recorded in Ihe official records of Collier County, and aUowcd by law, sludl also ~ a li~n u~n aU olher ~l ~n~ ~onal pro~rty owned by Iht holed Wo~rt y ow~ s) i n Col h¢~ C~n~y. This Resolution pass¢d and duly. adopted by Ihe Board of Coumy Commission¢~ of .Co~e{ Chanty, Florida. this ~ day of ~, 2~2. A~S~: '/: BOARDOFCO~ COM~SSIO~RS DWIGHT E ~ROCK, Clerk COLLIER CO -~puiyClcrk lttelt II b Chll~q.I Jam~C~ App~ved as ~o form and legal suf~ 7X~ ~om~ ~ Paler. Assismm C~nty AIt~ey 3 2981656 OR: 3036 PG: 150~ 05111/2002 it 11:11~ ~l~ I. II~, CLll[ tlc/il 10.50 OCT 0 B 26 16A BOA RD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAl. NOTICE OF ASSESSMENT OF LIEN PAI.M RIVER ESTATES, INC DATE: APR 2 3 i11~12 113 VIKING WAY NAPLF_.S, FL 34110 REF. INV.# 1740 FOLIO #: 65275000003 LIEN NUMBER: LEGAL DESCRIPTION: Lols 858,859,860,$61,$62 and $63, Palm River F..ztates, Unit 2, per plal in Plat Book 3, Page: 96, public: records of Colliec Counly, Florida. You, as thc owner(s) of lhe: properly above.described, as recorded in the records ma~nlaincd by the of lice ut Ihe P~opc~ly Appraiser, are hereby advised 1hal' ~hc Code Enforcemenl D~rector, did dclcrrmnc ~ puhqc nuisance exisied on lot 863, and constituted a viotulion of county re~ulalions on December 7, 2000, and ordered the abatement of a cerlain nuisance: existin§ on the above proper1) prober ned b,. Ordinance No. 99-5 I, as umended und served a notice of violation upon you. The nuisance is: WEEDS: ACCU,~IL;LATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO~VTH IN E\CI£SS OF 18" You I%r.c [.;Ic~, to lirqcly ~bute: such nuisance; whereupon, il was ubatcd by thc eXl:~nditur¢ of pubhc ~r,= ,~l a direct cost of FORTY-FIVE ($45.00) DOLLARS and an udministrat~vc cosl c:f 1 ~,,-h,~ndred ($200.00) dollars for a lolal of TWO-HUNDRED FORTY- FIVE ($245.00) DOLL x I,:'- Such cos~ bx ,r<rsolulion of the Board of County Commissioners of Collier Coumy, Florida, shull becon~¢ ~ hen on your propemy when recorded ufter approval by the Board.' 3 FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RF-.SULT IN A LIEN AGAINST ALL OF YOUR PROPEKTY IN COLLIER COUNTY. OCT 0 B 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 197 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-197 styled Board of County Commissioners Collier County, Florida vs. Palm River Estates. CONSIDERATION: On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-197 was recorded in the Official Records Book 3036 pages 1506 through 1507. On September 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~2')~ ~ Date: Shanelle Hilton REVIEWED BY: ~Cff-_~ ~ ~--- ~ Date: Jab{et Powers, Operations Manager SUBMITTED BY: ~~/d a~-~----~ Date: Michelle Arnold, Code~nforcement Director APPROVEDBY: ~~n~~/. Date: ~/a.~//~,z--- y eph K. Schmitt, Administrator I'1'~.~ 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2002-197 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1506, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Palm River Estates, Inc. has been satisfied in full. Lot(s) 858, 859,860,861,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, Public Records of Collier County, Florida. Folio No. 65274960005 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Palm River Estates, Inc., and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney OCT 0 8 2002 RESOLU'FION NO. '~002-, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, aa successor to Ordinance No. 91-47. as amended, Ihe direct costs of abatement of certain nuisance.% including prescribed administrative cost incun'ed by the Counly, sh;dl be ussesr~:d against such property; and WHEREAS. thc co.',l tl~cmuf to the County as to each parcel ~,hall be calculated and repotlcd Io Ihe Bo~d o! Counly Commissioners, togetl~er with a description of said parcel; and WHEREAS. such assessment shall be u legal, valid and binding obligation upon thc properly againsl which made unl*l paid; and W[TEREAS, the assessment shall become due and payable no later than twenty (20) days Gl Ihc dale Gl thc' Le~JI Notice Gl Assessment and interest shall accrue on the unpaid balance begmmng on the d.~t¢ d~,~ Kesolut~on ts recorded ut the rate of twelve percent (12%) per annum. NO\V, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS C~F C£,LLIER COUNTY, FLORIDA, that lot(s) 862 Ihe propeay described as follow, s, having beet; .:,;~ed Gl ,~ pubhc nuisance after due und proper notice Ihereol 1o lJl¢ owner{.s) NAME: I'ALNI IZ.l\ I {,~ L~,/l' tTES, INC. I.EGAL DESCRIP~ I~',. Lots 858,859,860,861,862 and 863, Palm Ri~er Estates, Unit 2, per plat in Plal B~ok 3. ~',~ 9~,. public records of Collier County, Florida. COST: $245.00 RVFERENCE#: 1741 FOLIO #: 65274960005 3 The Cie~k sn~li (b)' regular U.S. mail) mail a copy of this Resolution along ',vith the Notice: of .&sses~ltic~'l ~.:: I~:ca to IbC o~'ncl-(s) of thc a~ve~scri~d pro~tay. II will,in t~cnty (20} ~y~ Gl t~ ~c ~I m~i;r; ,~,,~ copy, thc owner fails to deliver payment in full lo ColJic~ County, thc Rcs~dut~on and Not,ct ~r ~,~cs~mcnt ~hall ~ iccotded ill the olllcial i~cords of Collicl Counly, and by recording shMI om~:~{e a hen ag;dna{ the ubove-deac:a~d real pro~y, and to the extent ttJlowcd by Jaw, shall atso bca ben upon all other real ancot ~rsonal prosily owned by thc noted pl'o~tly ownel(s) in CoUte~ County, This Resoluuon passed and duly.adopled by tbe Board of County Commissione~ of Collier Coumy, Florida, mis ~ day of ~, 2~2. A~T: L BOARD OF COU~Y COMMIssIONERS · 'DWIGHT E. BROCK, ClerL COLLISR COU~ORI~ · ~putyCle~k ell II to Ch~l~'I Jamc~.Colet~, al an Appro;J~a:,o[o~ ~,d 2981657 0R: 3036 PG: 1506 ~~~ IlO Ill lo.SO Thomas C. Palm~{, AGENDA ITEM OCT 0 8 BOARD OF COUNTY COMMISSIONER~ THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PALM RIVER ESTATES, INC DATE: APR 2 .':t ~0~ 113 VIKING WAY NAPLES, FL ~1,110 REF. INV.# 1741 FOLIO #: 65274960005 LIEN NUMBER: LEGAL DESCRIPTION: Lois 858,859,860,861,862 and 863, Palm River Estates, Unit 2, per plat in Plat Book 3, Page 96, public records of Collier County, Florida. You, as the owner(s) of the properly above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Cod~: Enforcement Director, did detenmne a public nuisance ~xisted on lot 862, and conslituted a violation of county regulations on December 7, 2000, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 I. as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULAI'ION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO%"F~ IN EXCESS OF 18" You ,have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00} DOLLARS and an administrative cost .f Two-hundred {$200.00) dollars for a total of T~.VO-IIUNDRED FORTY- FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count). Florida, shall become a lien on your property when recorded after approval by the Board. 3 FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. AGENDA ITEM ~ OCT 0 8 2002 EXECUTIVE SUMMARY APPROVE RENEWING TEMPORARY PARKING AND STAGING AREA EASEMENTS BETWEEN CPOC DEVELOPMENT COMPANY, L.L.C., AND COLLIER COUNTY FOR ONE YEAR'S CONTINUED USE OF LAND LOCATED SOUTH OF DEVELOPMENT SERVICES DURING CONSTRUCTION OF THE PARKING DECK, AT A COST NOT TO EXCEED $53,549. OB,~ECTIVE: Approve renewing Temporary Parking and Staging Area Easements between CPOC Development Company, L.L.C. (Landlord) and Collier County for the continued use of land located south of the County's Development Services building on Horseshoe Drive as a staging and parking area during construction of the parking deck for Development Services. CONSIDERATIONS: On June 26, 2001, the Board of County Commissioners approved a Temporary Parking Easement and Temporary Staging Area Easement, Item I6.A. 15, with CPOC Development Company, LLC, for the temporary use of its property for parking county and employee vehicles and as a staging area during the construction of the parking deck south of Development Services' current offices. The original Easements were for a thirteen-month period commencing on June 26, 2001, and ending on July 25, 2002. There was no rent charged by the Landlord for this period of occupancy. Construction of the parking deck is still underway which will require use of the parking and staging area for an additional year. The Landlord has agreed to a one-year extension under the same terms as the previous Easements, except there will now be an annual rent of $50,400 and reimbursement of property taxes amounting to $3,149. The Landlord feels payment of rent and taxes appropriate because he will be unable to use the property for other income generating purposes. The Landlord has also agreed to include a provision in the Renewals allowing the County to terminate the Easements, at any time, by providing sixty-days' written notice to the Landlord. FISCAL IMPACT: The total cost of $53,549 will be paid in monthly installments of $4,462.42 and shall be withdrawn from Community Development (113). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve, accept and authorize its Chairman to execute the Renewals of the Temporary Parking and Staging Area Easements with CPOC Development Company, LLC, pending final review and approval by the Office of the County Attorney. pREPAREDBY:~(~'c~A.~t~L.~../~ng-4-~.A-- _,,_ ,-,- DATE:" Michael H. Dowling, Propbrly__Mana~ .ment Specialist Property Acquisition & Construction ~vianagement Facilities Management Department AGEND~k I~r'~ No._ /~ /~ t,~-~t 0 CT - 8 7.002 pg. / EXECUTIVE SUMMARY Easement with CPOC Development Company, LLC Page 2 REVIEWED /Jg~l~ Crognale, Principal Project Manager ///Property Acquisition & Construction Management ~ Facilities Management Department REViEWED BY: "}('}~(?('LL~(~-'l-'- ~.~¥~.I/¢.~c-~ .~--~ DATE: Charles E. Carrington, Jr., 9R/WA, ~wanager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: REVIEWED BY: ~-~.~,,-~_.~.~'~-~ ~kip'~am~p~ CI~M, D~re~tor Facilities Management Department Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: DATE: APPROVED BY: feiopment Services Division DATE: OCT 0 8 2002 Pg. ~ EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVE WORK ORDER # CT-02-02 TO CHRIS-TEL COMPANY IN THE AMOUNT OF $51,750.00 FOR THE CONSTRUCTION OF THE MEDIAN LANDSCAPE PLANTER ON THE HALDEMAN CREEK BRIDGE ON BAYSHORE DRIVE OBJECTIVE: For the Board of County Commissioners to approve Work Order # CT-02-02 to Chris-Tel Company in the amount of $51,750.00 for the construction of the median planter on the Halderman Creek Bridge on Bayshore Drive. CONSIDERATIONS: The beautification of the median on the Haldeman Creek bridge is part of the over all beautification project for the Bayshore Drive Beautification MSTU. The landscaping of the roadway medians and side of roads was completed in March 2001. This is the next phase of the construction. This portion of the project is part of the FDOT grant that was awarded to the Bayshore Beautifi cation MSTU. Five notices for quotes were sent om. and two quotes were returned. Wm. J. Varian Construction Co. $96.320.00 Chris-Tel Company $51,750.00 Chris-Tel was considered the lowest qualified bidder. -~_ISCAL IMPACT: Funds in tb~, amount of $51,750.00 are available in Bayshore Drive ~ kou---~ce ~'~unds are Ad \;a!o:'cm Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: 02-02 to Chris-Tel Company in the amount of $51,750.00. SUBMITTED BY: Bob Petersen, Project Manager, Landscape Maintenance REVIEWED BY: '~. ~teve Y. C.,ar~ll,.Purc. hasi. pg Director REVIEWED BY: dF-43 APPROVED B Y: That the Board of County Commissioners award Work Order #CT- DATE: c~.- 7_.-~ - © Z DATE: ~L o~ - ~'~ Michael/A/Etelamaki, P.E. Transportation Road Maintenance Director Nor~ E. Feder, AICp~ Transpor[,ation Administrator ..... / ' 0CT 0 8 2002 PO. WORK ORDER # CT-02-02 "General Contractor's Services" Contract//02-3349, Dated September 25, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project:__Bavshore Bridge Beautification. Median Planters The work is specified in the proposal dated _9/12/02 from Chris-Tel Construction Company, which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order #CT-02-02 is assigned to Chris-Tel Construction Company. Scope of Work: Construct landscape planter, concrete work, pavers, waterproofing, MOT. and complete all tasks as listed in the General Notes and Tech Specifications as provided by the Engineering firm of Kris Jain and Assoc. Inc. on Brid~e Median Planter Improvement Plan sheets S-1 dated 06/10/02 S-3 dated 6/2002 Task h Schedule of Work: Start Work within fifteen (15) days of Notice of Award, Substantially Complete all work for Engineer's Punch List review within sixty (60) days after Notice of Contract Award. Final completion after punch list review within ninety (90) days Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $51,750.00 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 Agreement. AGEND.~ ITEM No. //.C/.-~ [ OCT 0 8 2002 RE.VIEWED/ F~:iliti~ Date Title AGEND&ITEM OCT 0 8 200~, ~/1~/2~2 ~i:iB B412250503 C~IS TEl_ PAGE 02 BID SCHEDULE BAYSHORE BRIDGE BEAUTIFICATION- MEDIAN PLANTERS Having visited and become familiar with the conditions at the project site and having carefully examined the bidding requirements, drawings and specifications, the undersigned proposes to furnish all materials, Jabor, equipment and incidentals to complete the entire work in accordance with the design documents, applicable codes and ordinances for the following lump sum of: Base Bid. the Lure; Sum Amount of ~-'~ .Dollem Acid Alternate #1: Ceramic Tile Furnish and Install ceramic tile in lieu of PainL Add Alternate #1 Deduct AIt.~2: Light Pole Ba~ea Delete i .r~stallation of concrete light pole bases for work by ~3tham (except for installation of precast cap) Deduct Alt. #2 TOTAL BID We acknowledge receipt of the following Design Professional's documents: · Engineer's Plans & specifications, Drawings, S1 & S3 (2 sheets) · Addendum Date Issued Contractor's initials After v~)rk order award, we agree to submit ~e following item within ten (10) days: 1. Detailed Schedule of Values for items of work. We agree to the following tim schedule: · Start work within fifl~.en (15) days from Notice of Work Order Award. Substantially a3mpleta all work for Engineer's Punch List review within sixty (60) days after Notice of Contract · Fires! completion after punch list review within ninety (90) days. AGI~.I~ID.,~ ITEM No. IL/f~ i OCT 0 8 2002 Pg. ~ 89/12/2882 ll:lG 9412268583 CHRIS IF_L ~AU= U~ LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors or this Project and the Class of work to be performed by each, and that such list will not be added to nor alfred without written consent of the Project Manager. The undersigned furthel acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (a.· defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County. reserves the right to disqualify any bidder who includes non-compr~ant or rton-quali~ subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non- compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WiLL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Addr0~ · Clas.~. gf Work to be Performed MATERIAL MANUFACTURERS The Bidder is required to state below, matedai manufacturers it proposes to utilize on this project. No -.-change will be allowed after submittal of Bid. If substitute material proposed and listed below is not ~pproved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BiD WILL BE DEEMED NON-RESPONSIVE. MANUFACTURER BY: AGEblD~ITEM No._ 1(/~/_"~ I OCT 0 8 2OO2 pg. ~.~ EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF THREE FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 02-3398 "PROFESSIONAL DESIGN AND RELATED SERVICES FOR COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD", PROJECT NO. 65061. OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional design and related services for Collier Boulevard from Golden Gate Boulevard to Immokalee Road, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on August 22, 2002. Notices were sent to 144 firms and 7 responses were received by the due date of September 13, 2002. The Committee reviewed the seven (7) proposals and selected the top three (3) firms for approval and contract negotiations as follows: 1. CH2MHILL 2. Agnoli, Barber & Brundage 3. Boyle Engineering The design services will provide contract plans for expansion of the two-lane roadway into a four-lane arterial within the existing right of way, to be followed by a six-lane design and right of way acquisition for future expansion. Q~ISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms, however the expansion of Collier Boulevard is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the selected firms, in the order of their ranking. SUBMITTED BY: ~~_-~~'5::r-~_-_ , , Date: G~'y R.dSutaansuu, P.E., Senior Project Managere ' Transpgytatio~ Enginegring & Construction Man0~gement Dept. PROVED BY: Date: Gregg Strakaluse, Director Tral~,sport_ation Engineering & Construction Management Dept. S~?~prnell,/ Director, Pu, r~:hasing/General Services Dept. Yg. TN'r~s; Feder, Administrator rtation Division / ~ ~. . nePROVED BY: Date: J~h~s V. Mudd, County Manager AGENDA ITEM No. iLrP--, -~ OCT 0 8 2002 EXECUTIVE SUMMARy THE BOARD APPROVAL TO UTILIZE INSURANCE PROCEEDS TO PURCHASE TWO RECONDITIONED TRANSIT BUSES AND OTHER SUPPORT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $91,853 OBJECTIVE: To approve the purchase of two reconditioned transit buses and other support equipment utilizing an insurance reimbursement from a bus that was lost in a collision on May 1, 2002. CONSIDERATION: On May 1, 2002, Collier Area Transit (CAT) experienced a serious crash which resulted in significant damage to a bus, to the extent that it would not be cost effective to repair and the bus was ruled a complete loss. Collier County has received a check in the amount of $91,853.34 in proceeds from the insurance settlement. The Federal Transit Administration (FTA) had provided the original funding, in the amount of $118,000, for the purchase of the vehicle subsequently lost. CAT's current service level requires a total of nine buses. This represents seven buses in service and two spare buses. The current vehicle inventory, excluding the 2001 Bluebird bus damaged in the crash, consists of six (6) 2001 Bluebird buses and two (2) trackless trolleys leased from Volusia County (which are currently undergoing Air Conditioning renovation). A supervisors van is also currently being utilized to provide service. Staff requested the Collier County Purchasing Department to complete a competitive bid process for the purchase of two reconditioned replacement buses. A total of two vendors submitted bids. Staff is recommending the purchase of two (2) reconditioned transit buses from Coach Crafters, Inc., in the amount of $73,500, to replace the vehicle lost in the accident and utilize any remaining insurance proceeds for the purchase of miscellaneous support equipment (bus shelters, bus stop signs, maintenance equipment, etc...). Staff has requested and received FTA concurrence of this recommendation. ,.FISCAL IMPACT: Funds in the amount of $91,853.34 were received and deposited On July 18, 2002. A budget amendment is needed to recognize these funds as carry forward and appropriate them in the MPO budget so that this purchase can be made. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. AGEN[~, OCT 0 8 2002 RECOMMENDATION: That the Board approve the purchase of two (2) reconditioned transit buses from Coach Crafters, Inc., in the amount of $73,500, to replace the vehicle lost in the accident and utilize any remaining insurance proceeds for the purchase of miscellaneous support equipment (bus shelters, bus stop signs, maintenance equipment, etc...) and approve the necessary budget amendment. Prepared by: !~,~.~ ~1. Date: 9/25/02 Reviewed by: Date: 9/25/02 Donald//~tt, Transportation'Planning Director Approved ~ '~ ~ ' ~ ~ 9/25/02 by: ? /~ '~ ~'~-~-/~' '~;'~" Date: Normarj E. Feder, Transportation Services Administrator / AGENDA I~M OCT 0 8 2002 Pg. ~ U.S. Department of Transportation Federal Transit Administration REGION IV Alabama, Florida, Georgia. Kentuc~, Mississippi, North Carolina, Puerto Ric~, South Carolina, Tennessee · 61 Forsyth street, S.W. $~Jlte 17T50 Atlanta, GA 30303-8917 404-552-3500 4o4.s~.35o5 (fax) Mr. Dean Allen General Manager Collier Area Transit 2477 J & C Boulevard Naples, FL 34109 August 21, 2002 Re: Disposition of Bus # 70 Dear Mr. Allen: W.e have reviewed your request for concurrence in the proposed disposition of Bus # 70 which was damaged i~ an adcident on May 1, 2002. We understand that the insurance proceeds received, $96,000, were dete _trained by the insurance company by using the straightqine depreciation method. We also understand that the repair of the bus would exceed its current value as establish~ by the insurance company. To compensate for the loss ofthi~ vehicle, you propose to purchase ~wo used Iift~uipped buses and utilize any remaining prO~ f~rom the insurance company for the purch~¢ of miscellaneous support-equipment- : ~/:',:?~i~.%,?: ': We ooneur disposition action. ?lea~e be reminded that because the grant ~hat :xevision to your onlyin yoUr' acauired the origh~ bu~' has be~n dosed, it will be necessary to d° a n grant,'FL-90kX;~3'Sl::t0'Properly aceotmt for the new vehicles~d '~qUipmznt. Duc to ~¢ Aofivity Line Itcms already in the grant, a budget revision, rather than a grant amendment, will suffice: The budget revision and your inv.entory control records will ne~t to properly reflect the n~w assdts. 'Also, please be'~r~mi~ded that when accidents occur FTA should be notified in a timely manner. If you have any questions regarding the issue, pleas~ call Mr. Tom McCormick at (404) 552-3522. Sincerely, AGENDA ITEM OCT O 8 2002 .. ~ 0 PO. 4 EXECUTIVE SUMMARy ACCEPT WATER AND SEWER UTILITIES PROVIDED IN ACCORDANCE WITH DEVELOPER CONTRIBUTION AGREEMENT WITH LB/P GROVEWAY, LLC IN THE AMOUNT OF $223,496.25 ~ To record the actual costs of the project and acknowledge payment. CONSIDERATIONS: On August 1, 2000, as agenda item 8(C)(3), the Board entered into an agreement with LB/P Groveway, LLC (Developer) to reimburse the Developer for incremental costs to upsize water and sewer pipes in conjunction with Developer's project called "Bridgewater Bay." The Developer demonstrated that all the appropriate acceptance and conveyance documents have been duly recorded. The Developer also submitted written verification of unconditional payment in full for the materials, installation and all other costs for the Utility Project. A copy of a Final Release and Affidavit from the Developer's contactor in connection with final payment is attached. In accordance with the agreement, the Developer will be reimbursed cash based on the actual costs. A comparison of the originally estimated costs and actual costs for both the Water Impact Fee Fund and the Sewer Impact Fee Fund is tabulated as follows: Original Estimate Actual Cost WaterImpact Fees $187,697.35 $167,069.00 Sewer Impact Fees $62,029.45 $56,427.25 Total $249,726.79 $223,496.25 The actual cost was $223,496.25 as certified by Hole Montes, Inc. in the attached memorandum dated October 30, 2001. This amount includes the incremental cost to upsize 2,230 feet of water main from 12-inch to 16-inch diameter; 3,695 feet of sewer forcemain from 8-inch to 10-inch diameter; and 640 feet of sewer forcemain from 4-inch to 6-inch diameter. Final payment in the amount of $223,496.25 was made to the Developer on November 13, 2001. FISCAL IMPACT: Source of funds consists of Water Impact Fees and Sewer Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this funding request. RECOMMENDATIONS:. That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, accept the water and sewer utility facilities provided in accordance with Developer Contribution Agreement with LB/P Cn'oveway, LLC dated August 1, 2000. OCT - 8 2002 Executive Summary Accept Water and Sewer Utilities, LB/P Groveway, LLC Page 2 -- o Principal Project Manager SUBMITTED BY: Karl W. Boyer, P E, Utilities Engineerin~ Ro~ B. A~/derson, P.E., Utilities Engineering Director ^pe ov DeLony. P.E., Public/JStilities Administrator Attachments: 1. Contractor's Final Release and Affidavit dated August 28, 2001 2. Hole Montes Memorandum dated October 30, 2001 .o._1/_. COUNTY of ~- / . STATE of '~/~t'rT'4 g'.~,~,~. FINAL RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared Thomas VVillson who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of Two Hundred Forty-fiveThousand Eight Hundred Forty-five Dollars and Eighty-eight Cents paid June 28, 2001 ('Contractor') releases and waives for itself and its subcontractors, matedal men, successors and assigns, all claims demands, damages, costs, and expenses, whether in contract or in tort, against LB/P Groveway LLC ("Owner") relating in any way to the performance of the Agreement between Contractor and Owner, dated March 4, 2000 for the pedod From May 25, 2001 to May 25, 2002. (2) Contractor certifies for itself and its subcontractors, matedal men successors and assigns that all charges for labor, materials supplies, lands, licenses and other expenses for which owner might be sued for which a lien or a demand against any payment bond might be sued or for which a lien or a demand against any payment bond might be filed have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractors final Application for Payment No. Fourteen-Revised. its General Manager W~'-~ess Date: ~~// (Corporate Seal) Page 1 of 2 STATE OF COUNTY OF - ;. . corporation, on behalf of the corporation. He/she is personally known to me and did (did not) take an oath. My Commission Expires: -L (Signature of'Notary)) NAME: ~,~ (Legibly Pdnted) Notary Public, State of Commission No: ~£. Page 2 of 2 OCT 8 PG. P..U.E.D. '01 OCT 30 I~ 12: 15 FACSIMILE MEMORANDUM To: Kad Boyer Fax No~ 732.2526 Stuart Wood 596-4838 cc: Rich Yovanovich Fax No. 435-1218 Fl'om: Jeff Head .~ .~- Date: 10-30-O1 Bridgewater Bay, Utaity Reimbursement Subject: Agreement HM Job No, 1999.O06 Pages: 3 (including this sheet) At'~ched is the revised Exhibit B Breakdown of Water and SeWer Reimbursement Costs"--Engtneer ~ Check (10/30/01). The 10% contingency item was removed from this breakdown. As we discussed, this item was included in the initial Exhibit B to cover any costs that might have been missed. Should you have any questions, ptease feel free to call me. AG£ND~ 'T£M OCi 0 8 20 PG. ~ EXECUTIVE SUMMARY APPROVE AN AGREEEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE SUMMER CAMP PARTICIPANTS AT AN ESTIMATED COST OF $60,000 Objective: To obtain cost-effective and reliable transportation services for summer camp participants. Considerations: For the past sixteen years Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of summer camp participants. Campers are typically taken from their base camp locations to educational and recreation attractions throughout the area. Most campers go on at least two field trips each week. Thirteen hundred children were enrolled in Parks Department summer camps in 2002. The School Board is the only provider that can meet the transportation needs of the Parks Department summer camp program in a safe, reliable, and cost-effective manner. The Parks Department will use the services of School Board transportation under the provisions of Option A of the Agreement, wherein the School Board will provide buses and drivers at a rate of $18.31 per hour plus $1.14 per mile. This rate is calculated front the time the bus leaves the transportation barn to the time of its return. The rate above is an increase over last year's agreement, under which the County paid $17.78 per hour plus $1.11 per mile. Total expenses under last year's agreement were $47,500. Under Item 7 of the Agreement and pursuant to Section 234.211 (2) (b) Florida Statutes, the County will provide a Certificate of Proof of Required Liability Insurance in the amount of $100,000 to the School Board. The attached Agreement has been approved as to form and legal sufficiency by the County Attomey's office. Once executed, it will be effective until August 31, 2003. Fiscal Impact: Funds are budgeted in association with each camp location within FY 03 MSTD General Fund (111) Naples and Immokalee Parks and Golden Gate Community Center Fund (130). Total expense associated with this action is estimated at $60,000. Revenue in the form of summer camp program participant fees is budgeted to recover the expense. Growth Management Impact: No Growth Management Impact is associated with this action. No. /~ I.~ ~ 08 ~,g. I Recommendation: That the Board of County Commissioners authorize the Chairman to sign the attached Transportation Agreement with the District School Board of Collier County for the tran~m~S, r._,~ Submitted by' ( /I//~,'~, c/.~ tc x/~/~ Date: ?~' 'P~:'Z- · K---~n~arida O~wald,'U~a~n~Coordinator Reviewed by: Reviewed by: Approved by: Parks and Recrealion-'Department 'lgl~rla O. ~amsey, Di~ctqr Parks and Recreation Department Steve Carnell, Director Purchasing Departmer~"~ joh/)~Dunn~uck, Administrator DiviSion of Public Services Item TRANSPORTATION AGREEMENT FOR NONPROFIT ORGANIZATIONS TRANSPORTING SCHOOL-AGE CHILDREN THIS AGREEMENT made and entered into this day of ,2002 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA and, COLLIER COUNTY PARKS AND RECREATION. WHEREAS, Chapter 234 of the Florida Statutes authorizes local s~hool districts to enter into agreements with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children for activities sponsored by these organizations, and WHEREAS, the Organization is a nonprofit corporation or nonprofit civic association, and WHEREAS, the School Board desires to assist the Organization in providing transportation to school age children for activities sponsored by the organization, and WHEREAS, this Agreement contemplates three (3) use options with concomitant reimbursement available to the organization. IT IS THEREFORE AGREED: that the school board attendants in accordance with the terms provided herein: I. Option A - Bus and Driver a. shall provide buses, drivers or ESE Organization sha'll reimburse the School Board for each vehicle with driver at the rate of $18.31 per hour and $1.14 per operated mile for each bus and driver plus a fee (labor rate as needed) for cleaning and maintenance. b. Operated mile is defined as every mile driven for each bus operated in support of the Agency's Program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department. Mileage will be recorded and billed by the School Board. c. 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. d. Organization will be billed a minimum of two hours plus mileage. Agenda Item. OCT 0 8 2002 Option B - Bus, Driver and ESE Attendant a. Agency shall reimburse the School Board at the rate of $30.87 per hour and $1.14 per operated mile for each vehicle with driver and ESE attendant plus a fee (labor rate as needed) for cleaning and maintenance b. Agency shall be billed a minimum of two hours plus mileage for each vehicle with driver and ESE attendant. Option C - Bus Only a. Agency shall reimburse the School Board at the rate of $1.14 per operated mile for each bus. b. Each bus will be returned to the Transportation Department of the School board at the end of each operating day. c. Agency will be assessed a cleaning fee (labor rate as needed) for each bus checked back if it is not clean. d. Buses will only be operated by employees of the Agency who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. The Agency agrees that ali requests for use of buses, drivers and ESE attendants will be made at least two weeks prior to the date requested. All service is contingent upon bus and/or driver and/or ESE attendant availability. The Agency agrees that in the event of a cancellation the School Board will be given at least 24 hours advance notice. In the event the notice of cancellation issued to the School Board is less than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board. Payment for services rendered or due shall be assessed by the School Board by the l0th of each month and paid by the Agency by the 30th of each month. Agency shall provide the School Board with evidence of liability insurance in connection with this agreement. The Agency, pursuant of Section 234.211 (2)(b), Fla. Stat., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. The Agency agrees that there shall be no fee charged to passengers on the b~s. Aganda~ 0 C T 0 10. Effective January 1, 1995, each Agency entering into a Transportation Agreement with Collier County Public Schools under Option C 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 requirement 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. 11. The use of vehicles by the Agency shall at all times be subject to rules adopted by the School Board. 12. The Agreement shall commence on the date first above written and remain in effect through August 31, 2003. 13. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. 14. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. OCT 0 8 2002 IN WITNESS WHEREOF, the parties have executed this Agreement of the day and year in-st above written. Signed in the Presence of: Print Name: $/v-~ ~ LL=~r~--- DISTRICT SCHOOL BOARD OF COLLIER COUNTY Dr. Dan W. White, Superintendent BY: Anne Goodnight, Chair COLLIER COUNTY PARKS AND RECREATION Print Name: BY: Name: Title: Print Name: BY: Name: Title: Agenda. I~:am OCT 0 8 2002 EXECUTIVE SUMMARY TO AUTHORIZE STAFF TO REJECT BID #02-3410 "PURCHASE OF LIMEROCK AND FILL MATERIALS" Obiective: That the Board of County Commissioners authorize staff to reject Bid #02- 3410 for purchase of Limerock and Fill materials in order to re-bid at a future date. Considerations: Bid #02-3410 was posted on July 11, 2002 with notices of invitation to bid sent to thirty-one (31) vendors of which six (6) vendors requested complete bid packages. Harmon Brothers Rock Company of Copeland, Florida was the only vendor to submit a bid. A bid tabulation is included with this summary. Three of the vendors currently under contract with the County did not bid due to the fact that their quarries will be closing in the near future. Historically, Collier County has always contracted with multiple vendors allowing us to pick up the limerock and/or fill materials from quarries that are located throughout the County. This allows us to pick up the materials at the point closest to where they will be utilized and thereby reduces the cost of travel time. Subsequent to opening the bid from Harmon Brothers, the Road Maintenance department was contacted by Big Island Excavating, Inc., and Jesse Hardy Aquaculture Farm, both of Naples. Both vendors claim that they meet FDOT standards for limerock and fill material and both are located closer to Naples thus making it more cost efficient to use them for projects in and around the greater Naples vicinity. Staff from the Road Maintenance department have visited these vendors and agree that the materials meet FDOT specifications. Due to the shortage of quarries in the Naples area, Staff wishes to reject the sole bid from Harmon Brothers Rock Company and be allowed to re-bid thus allowing other bidders to submit their pricing proposals for consideration. Growth Management Impact: This will not affect the Growth Management Impact. Fiscal Impact: There is no fiscal impact resulting from the recommended action. Recommendation: That the Board of County Commissioners authorize staff to reject Bid #02-3410 for purchase of Limerock and Fill Materials. Prepared by: ,'~Z'.~~__/~C.~ Date Fre/d E. Blatch'Tey Purchasing Agent Reviewed and ~--~/? //~:' ~".~/ Approved by: ~--~,~l ~..~' Date Stepheh Y. Carnell, Purchasing/General Services Director Reviewed and Approved by: ~,,J""~////' / Date Jo-An~e 'L~a~n e r, Administrative Services Administrator AGE NO.A ITEM OCT 0 8 2002 Pg', / EXECUTIVE SUMMARY APPROVAL TO PURCHASE PROPERTY, CASUALTY, AND WORKERS' COMPENSATION INSURANCE AND RELATED SERVICES FOR FY 2003. OBJECTIVE: To protect the County's property, financial, and human assets through the purchase of Property, Casualty and Workers' Compensation insurance for Fiscal Year 03. CONSIDERATIONS: The Board of Commissioners purchases an All Lines Aggregate insurance program for its Property, Casualty and Workers' Compensation insurance needs. The ALA Program combines General Liability, Automobile Liability, Property (including auto physical damage and flood coverage), Workers' Compensation, Crime, and Errors and Omissions Liability coverage into a single program with per occurrence retention limits per line of coverage as well as an aggregate retention limit for all lines of coverage. The program caps the amount the County must pay per claim and also caps total program costs for a given year. Excess insurance coverage is purchased if higher limits are necessary. Total program costs include fixed premiums, adjusting costs, managed care services, broker fees and expected losses. Every three years an extensive bidding effort is performed to assure that the County's insurance program is both comprehensive and competitive. This bidding effort occurred in August 2001 for the October 1, 2001 renewal although certain lines of coverage were quoted through several markets for the 2003 renewal. The renewal quotations as of this writing indicate a significant increase in premium costs for FY 03. Premiums are a function of two primary factors- insured exposures and premium rate per exposure. Exposures include things such as insured property values and rate is the charge per $1,000 of insured value. Overall fixed program costs are up approximately 24%. The factors driving this increase are: An increase in property insurance rates of approximately 15%. Property insurance rates continue to increase due to market conditions prior to and after the September 11 tragedy. [] An increase in the number of insured automobiles of 71. n An increase in insured property values of $53,000,000. Overall net operating expenses have increased substantially for the coming year. [] An increase in the cost of helicopter insurance of approximately 46%, which results from losses to the aircraft insurance industry, and the limited availability of coverage. ~ C T 0 8 / ] ca An increase in the cost of Workers' Compensation excess coverage due to market conditions and govemmental exposures related to September 11 th. ca Total ratable payrolls increased by $2,000,000. The cost to renew the fixed cost portion of these programs is as follows: Policy Type Expiring Premium Projected Renewal Premium ALA 595,000 715,463, Excess Property 2,553,257 3,000,000 Flood Insurance Not Applicable 55,151 Excess Crime 5,000 6,000 Excess Work Comp 69,600 135,855 Boiler & Machinery 9,370 10,307 Statutory AD&D 10,269 18,015 Pollution Liability 75,269 82,531 Johns Eastern Claims Fee 65,400 92,750 IRMS Broker Fee 67,001 104,000 Aircraft Insurance 159,950 235,000 Airport Liability 11,375 20,000 Contingent Law 25,000 25,000 Employee Protection Line (Agos) Not Applicable 15,000 Total I $3,650,046 $4,515,072 The current retention (deductible) per occurrence is $100,000 per person and $200,000 per occurrence for all lines with the exception of Workers' Compensation, which is $150,000. The maximum aggregate amount of retained losses for these lines is $2,770,000 per year. The current wind deductible is $2,500 per building/S100,000 per occurrence. In the interest of time, staff is requesting authority from the Board to allow the Director of Risk Management to review and approve potential coverage change options and changes to the retentions/deductibles for the program, if financially sound, to reduce the cost of the program. These changes may include, but not be limited to, an increase in the property retention for all perils other than wind/flood to $250,000 or $500,000 per occurrence, or the elimination of the purchase of aggregate excess insurance coverage. No change will result in higher program cost. Finally, this renewal quote provides property coverage limits of $200,000,000 on total values of $437,000,000. Staff and the broker continue to seek additional limits, but due to tropical conditions at the time of this writing (two named storms) they have not received offers from underwriters for additional limits. Staff will continue to seek additional limits to fill this coverage gap. FISCAL IMPACT: Total fixed costs for these insurance coverages and services are $4,512,234. Funds are budgeted within Funds 516 (Property and Casualty Insurance) and Fund 518 (Workers' Compensation Insurance) for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the following: 1) Approve the purchase of the All Lines Aggregate Property & Casualty Insurance Program and additional excess insurance outlined in the executive summary effective October 1, 2002. 2) Approve the purchase of Aircraft, Airport Liability, Boiler & Machinery, Pollution Liability, Statutory Accidental Death, and Contingent Law Enforcement Liability coverages as outlined in the Executive Summary effective October 1, 2002. 3) Approve the rejection of Uninsured Motorist Insurance, authorizing the Risk Management Director to execute those forms necessary to effectuate such action. 4) Authorize the Risk Management Director to negotiate and approve changes in program retentions/deductibles to reduce program costs where feasible; to negotiate further coverage additions or deletions as may be necessary; and to fill coverage gaps or to comply with statutory and contractual requirements. 5) Authorize staff to complete those documents necessary to bind coverage and services. 2--- Jeffrey~A. Walker, CPCU, ARM, Risk Management Director REVIEWED BY: [ DATE: Jo-Anne'~'Oa~-c'oe~-Le~amer, Administrative Services Administrator [ ,,1 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: United \\ax of Collier County 2002 Campaign Kickoff Breakfast Public Purpose: To Suppvrt ti'~is Collier County Effort Date of Function / Event: September 25, 2002 Amount to be paid by the County: $20.00 - to be paid to Commissioner Coletta as reimbursement for his personal choir, g5697 Mileage: C! ,r ~ 0 B 200 ! Please join us for the UNITED WAY OF COLLIER COUNTY 2002 CAMPAIGN KICKOFF Wednesday, September 25, 2002 8:00 AM Buffet Breakfast The NaPles Beach Hotel & Golf Club 'River-of GraSs Ballroom valet Parkin~ ;~Vailable $20.00 per person · '. ...... :"::: .: No. Attendinch ! ' '::' :: ':<': Check Enclosed: Please mail in R.S.V.P. by September 18th Thank You! ~ JAMES N. COLETTA, JR. ~: MARY ANN COLETTA .R-=.s~r M~n~g~ment Acco~_n~' ~ (~ ~ 7 ~'~- 3480 17TH AVE. SW. " '~,[: NAPLES, FL 34117 .- .,.,~/ -*.',, . . g-'. :-----.-:::::,,, . ;:. :. or United Way of Collier County 852 First Avenue South #210 Naples, Florida 34102 NO. /~,/Z~ · OCT or 8 2O02 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: 2002 Southwest Florida Blue Chip Community Business Awards Breakfast at Hilton Naples Towers Public Purpose: Interact with constituents and awards recipients Date of Function / Event: November 7, 2002 Amount to be paid by the County: $18.95 OCT 0 8 2002 Sponsored by O~weld 7ripf)e ~nd ¢ompeny, Inc., Bc~a SPnngs Area Chamber ~ICommerce. Economic ~ent Cou~ of C~ler C~n~. ~ ~pm~t ~ce of L~ C~n~, ~ ~. ~ G~ ~ T~ ~ ~ ~ F~ T 2002 Southwest FlOrida Blue Chip Community Business Awards Breakfast PLEA.SE PLAN TO BE OUR GLIE51~, LOOK FOR YOUR INVITATION IN OCTOBER anT~ Wednesday, November 7, 2002 TreE: 7:30 am - g:00 am PU~E: Hilton Nnples Towers keynote address D~n Clark For more information call 239.433.8540 'Honon'ng small businesses that overcame edvetsity 13515 ~dl Tower Drive Fo~ Myer~ FL 33907 check o~ our website i,,ll,,I,,I-,ll,,,ll,,I,l,l,,ll,h,,ll,,,,,llll,,,,,,lll,,I,,I JAMES D. CARTER COMMISSIONER COLLIER COUNTY COMMISSION 33,O'1 TAMIAMI TRL E NAPLES FL 34112-4961 AGENDA ITEM C CT 0 8 2002 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 8, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for September 7, 2002 through September 13, 2002. 2. Disbursements for September 14, 2002 through September 20, 2002. Districts: 1. Collier Soil and Water Conservation District_- Agenda for August 21, 2002, Agenda for June 19, 2002; Agenda for September 18, 2002, Minutes of August 21, 2002. 2. Naples Heritage Community Development District - Agenda for Meeting Dates for FY 2003. 3. Mediterra South Community Development District - Agenda Minutes of June 26, 2002 and Unauditied Financial Stmnt. 4. Immokalee Water & Sewer District - Adopted Budget FY 2002-03. 5. Heritage Greens Community Development District - Minutes of Meeting May 13, 2002, Audit FY 2001 and Management Ltr. 6. Cedar Hammock .Community Development District - Minutes of Meeting May 13, 2002. Audit FY 2001 and Management Ltr. 7. Naples Heritage Community Development District - Schedule of Meetings FY 2003 and District Map. 8. Big Corkscrew Island Fire Control and Fire Rescue District - Audited Finacial Statements and Management Letter. H:Data/Format o Minutes: Fiddlers Creek Community Development District Minutes of July 24, 2002 and Unaudited Financial Statements dated 6/30/02. pg.__[__---- o 11. 12. 13. Golden Gate Area Master Plan Restudy Committee_- Agenda for September 18, 2002. Immokalee Beautification Advisory Committee_- Agenda for August 21, 2002. Hispanic Affairs Advisory Board -Notice of Meeting and Agenda for August 29, 2002. Collier County Planning Commission - Agenda for September 19, 2002, Minutes of August 1, 2002; Agenda for September 5, 2002, Minutes of July 18, 2002. Collie County Citizens Advisory Task Force - Agenda for September 12, 2002. Collier County Contractors' Licensing Board - Agenda for August 21, 2002. Historic & Archaeological Preservation Board - Agenda for August 21, 2002. Bayshore Gateway Triangle Local Redev. Advisory Board - Agenda for September 11, 2002. Workforce Housing Advisory Committee - Minutes of August 19, 2002 Isles of Capri Fire/Rescue Advisory Board - Minutes of March 7, 2002 and Ap~ril 4, 2002. Pelican Bay MSTU Advisory Committee - Agenda for September 4, 2002, Minutes of August 7, 2002, Minutes of August 20, 2002. Collier County Coastal Advisory Committee - Minutes for March 15, 2002, April 5, 2002 and May 9, 2002. Environmental Advisory Council - Agenda for September 4, 2002, Minutes of July 3, 2002. H:Data/Format EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE ,4 VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from September 1, 2002 through September 15, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period September 1, 2002 through September 15, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report hax'~e all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. J~'nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and ~ ~ Approved B Y:~en;krilO~c;;eu~ting Manager Date: OCl' -S 2OO2 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 182 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL., CASE NO. 02-2211-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 182 for the Immokalee Road, Phase One project in the lawsuit styled Collier County v. Lazaro Herrera, et al., Case No. 02-2211-CA. CONSIDERATIONS: On September 5, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Immokalee Road project (Project No. 60018). On September 26, 2002, Collier County deposited with the Registry of the Court the sum of $5000.00 for Parcel 182 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $5700.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 182. There are no attorney fees or other costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $700.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~CAL IMPACT: Funds in the amount of $700.00 are available in the FY 03 adopted budget. \ ~ Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: I. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and [ AGENDA ITEM OCT 0 8 ?.002 Pg. 3. direct staff to deposit the sum of $700.00 into the Registry of the Court. SLYBM17q~D BY: REVIEWED BY: Assistant County Attorney Date: [ /,t~Yn~fi Thorpe, Principal Project Manager '-~ Transportation Utilities & Engineering Dept. REVIEWED BY: REVIEWED BY: Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management N , a E. Feder, Administrator Trans .ortation Division Date: Date: APPROVED BY: David C. Weigel, County/~mey Date: ~/~- ~ 2-- AGEN.D~. I.'rE~ NO. ~ OCT 8 B 2002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. LAZARO HERRERA, et al., Respondents. Case No.: 02-221 I-CA Parcel No.: 182 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COLTNTY, FLORIDA, by and through its undersi~maed counsel, and Respondent, CITRUS GREENS AT ORANGETREE HOMEOWNERS ASSOCIATION, INC., for entry, of a Stipulated Final Judgment as to Parcel No. 182, and it appearing to the Court that the parties are authorized to make such motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, CITRUS GREF~NS AT ORA:NGETREE HOMEOWNERS ASSOCIATION, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, CITRUS GREENS AT ORANGETREE HOMEOWNERS ASSOCIATION, INC., recover from Petitioner the sum of FIVE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($5700.00), for Parcel No. 182, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with,-~.~~_ ~_~cel: it ~ I APPEND6 ITEM further NO. ~ 0CT 0 8 2002 Pg. ,~ ORDERED that no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 182; it is further ORDERED that Petitioner shall deposit an additional SEVEN HUNDRED AND 00/100 DOLLARS ($700.00), subject to approval of the Board of County Commissioners, into the registry of this Court within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of FIVE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($5700.00) referred to above; it is further ORDERED that title to Parcel No. 182, a fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Ta -king dated September 5, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3050, Page 1415 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 182; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of September, 2002. Conformed copies to: Heidi F. Ashton, Esquire Steven M. Brady, Esquire Jean G. Howard, Esquire E. Glenn Tucker, Esquire Kim Chapin AOL Time Warner, Inc. Orangetree Homeowners Assn., Inc. 2 CIRCUIT COURT JUDGE I AGENDA LTEM OCT 0 8 200 . JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully Stipulated Final Judgment as to Parcel No. 182. request this Court to enter the foregoing Dated: q- [O~ ~)L.- Dated: C1TRUS GREENS AT ORANGETREE HOMEOWNERS ASSOCIATION, INC. OFFICE OF THE COUNTY ATTORNEY BY: Print Name Print Title c/o Kim Chapin 741 Cherry Blossom Court Naples, Florida 34120 BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Harmon Turner Building 3301 East Tamiami Trail Naples, Flor/da 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 3 AGEN~A,~ITEMi No. OCT 0 8 2002 Pg. I I I 10° U.E. NOT TO SCALE Notes: 1. This Is not o survey. 2. BoSis of beorlng la plot. Subject to eoaernents, reservations end restrictions of record. 4. Not volld without Sheet 1 of 2 dspictlng Sketch of Description end beefing the origlnol signOture end embossed seol of o Florido registered · Surveyor end Mopper. 5. All dimensions ere'plot unless otherwise noted. / ORANG__ETREE BOU~LEVARD AGENDA ITEM NO. ~ OCT 0 8 2002 pg. THE EASTERLY 4.00 FEET OF TRACT 'A', LAKE LUCERNE, AS RECORDED IN PLAT BOOK 24, PAGES 48 THROUGH 49° OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.~93 ACRES MORE OR LESS. DAVID J. 'HY/~.;pt~/'(~0~ T~I£:'~FIRld) FLA. MC. NO.~SB3/,-.¢' ';: '.: .' NOT V~D ~T:~E;~teNA~RE'' AND ~E ~IOlN~ RAI~-- --- -r,--;~,. OF A ~ORIDA U~ ~R~YO~,'~D U~P~ . :,, .;.: · SKETCH AND DESCRIP~ON ~',~,,~, WILKISON &:: 'I~OC!ATES · I~ 'l INC, I ENOINEERS, SURVEYORS AND PLANNERS 35o. e EXC. HANOE: AVE:. NAPI. E~, FLA. 34104. 041) :'~43-2443~, FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED LLUCRNE 0014.1 · EAW 00-018-00' DATE SHEET F'B PO CNECKED BY DWO. NO. 10/01 1 .'OF 1 DJH IR-L-182 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD PAY THE REASONABLE ATTORNEY'S FEES AND COSTS INCURRED BY TWO (2) COUNTY EMPLOYEES IN CONNECTION WITH THE MARCH 7, 1999 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT AS THEY HAVE SUCCESSFULLY COMPLETED PRETRIAL DIVERSION AND THE CHARGES AGAINST THEM HAVE BEEN DISMISSED AND THAT THE BOARD APPROVE ANY NECESSARY BUDGET AMENDMENT. OBJECTIVE: For the Board to pay the reasonable attorney's fees and costs incurred by two (2) employees, Barry Erickson and Robert :Wheeler, in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant. They have successfully completed pretrial diversion and the charges against them have been dismissed. The Board also is requested to approve and authorize any necessary budget amendment. CONSIDERATIONS: On or about March 7, 1999, there was a sulfuric acid spill at the North County Regional Water Treatment Plant. An internal County investigation of this incident dated July 2, 1999 concluded that several staff members were told to follow established procedures and used poor judgment in responding to the sulfuric acid spill. The internal investigation report further concluded, however, that there did not appear to be any intention to violate an) regulations regarding the disposal of the diluted sulfuric acid nor did there appear to be any intention to cover up the incident. It further appeared that the staff in question was acting on the assumption that instructions previously received from the Florida Deparm~ent of Environmental Protection during an incident in 1995 were also applicable for the March 7, 1999 spill. However, those previous instructions were for a much smaller acid spill and clearly did not apply to the approximately 500 gallons of sulfuric acid that overflowed from the bulk storage tank into an adjacent containment area during the March 7, 1999 spill. Following a Florida Department of Environmental Protection investigation, criminal charges were filed against three (3) of the employees involved in attempting to contain and remedy the spill. These charges were for Felony Littering and for Improper Disposition of Hazardous Wastes. The three (3) employees involved are Randy Garay, Barry Erickson and Robert Wheeler. On November 13, 2001, the County Attorney Office presented to the Board information pertaining to the possibility of the three (3) employees entering the pretrial diversion and how that would affect the determination of the Board paying the reasonable attorney's fees. (See Exhibit 1 for a copy of the Executive Summary and minutes pertaining to that agenda item). At that meeting, the Board agreed to pay the reasonable attorney's fees and costs if the employees successfully completed the pretrial diversion and the charges were dismissed. No. _1 OCT 0 ~, 2002 1 pg. I Under the applicable case law and the County's Resolution No. 95-632, (a copy of Resolution No. 95-632 is attached as Exhibit 2) a local government must reimburse its employees and officials for the reasonable attorney fees and costs they may incur in defending against alleged criminal violations arising out of or in connection with their performance of official duties while serving a valid public purpose where such employees or officials are acquitted or the charges are dismissed. In this case, based upon the County's own internal investigation, it appears the actions of the employees in question arose out of and in connection with performance of their official duties and it further appears they were attempting to serve a valid public purpose by remedying, albeit in an apparently inadequate manner, the acid spill. FISCAL IMPACT: Mr. Erickson's total costs are $9,749.20, which includes attorney's fees, Department of Corrections fees and costs for participating in the diversion program, and interest on a loan he was forced to obtain for an attorney retainer fee. (A copy of all applicable documents are attached as Exhibit 3.) The Board could conclude that the interest on the loan is a reasonable cost because Mr. Erickson reports that his attorney would have charged a higher rate of interest. The Board may also note that the collective total fees and costs for these two (2) employees is slightly under $5,000.00 less than the fees and costs awarded to the other employee, Randy Garay. This is primarily because Mr. Gary's attorney took the lead on the appellate work for all three (3) employees. Mr. Wheeler's total costs are $2,049.00, which includes attorneys fees and Department of Corrections fees and costs for participating in the diversion program. (A copy of all applicable documents are attached as Exhibit 4.) Per the Management & Budget Department, it would appear payment should be made from County Water Sewer District Fund 408 as Mr. Erickson and Mr. Wheeler are Water Sewer District employees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That (1) the Board pay the reasonable attorney's fees and costs incurred by employees Barry Erickson in the amount of $9,749.20 and Robert Wheeler in the amount of $2,0490.00, as they have successfully completed pretrial diversion and the charges against them have been dismissed and (2) authorize and approve any necessary budget amendments. Michael W. Pettit Assistant County Attorney DATE: REVIEWED BY: d~'a~e~_. ~ /3/~~ DATE: 13~vid C. Weig~ ~ County Attorney h:/~bli~Litigatio~en Case~acid spil~ex~ sum re acid sill.b~ Edckson.R~ wheeler reimbumements.~2~2 2 AGENDA ITEM. No. O£T 0 8 2002 Pg,. ~ EX CLrrFw SUMMARY RECOMIVIENDATION THATTHE BOARD DETERMINE Wlq'I~T~R TO PAY TH~ IZ~ASONABLE ATTORNEYS' FEES AND' COSTS INCURRED BY COUNTY EMPLOYEES CHARGED WITH CRIMINAL VIOLATIONS IN CONNECTION WITH THE IVIARCH 7, 1999 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREA~ PLANT IF SUCH EMPLOYEES PROCEED ~OUGH PRETRIAL DIVERSION AND ~ CHARGES NOW PENDING AGAINST THEM ARE DISMISSED. OBJECTIVE: For the Board to determine whether to pay the reasonable attorneys', fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed throuo~ pretrial diversion and the charges now pending against them are dismissed. CONSIDERATIONS: On or about March 7, 1999, there was a sulfuric acid spill at the North County Re~onal Water Treatment Plant. An internal County investigation of this incident dated July 2, 1999 concluded that several staff members were told to follow established procedures and used poor jud=m~nent in responding to the sulfuric acid spill. The internal investigation report further concluded, however, that there did not appear to be any intention to violate any regulations regarding the disposal of the diluted sulfuric acid nor did there appear to be any intention to cover up the incident. It further appeared that the staff in question was acting on the assumption that instructions previously received from the Florida Department of Environmental Protection during an incident in 1995 were also applicable for the March 7,. 1999 spill. However, those previous instructions were for a much smaller acid spill and clearly did not apply to the approximately 500 gallons of sulfuric acid that overflowed from the bulk storage tank into an adjacent containment area during the March 7, 1999 spill. , Following a Florida Department of Environmental Protection investigation, criminal charges were filed against three (3) of the employees involved in attempting to contain and remedy the spill. These charges were for Felony Littering and for Improper Disposition of Hazardous Wastes. The three (3) employees involved are Randy Gamy, Barry Erickson and Robert Wheeler. An attorney for Mr. Gamy has now inquired whether the County would agree to pay the reasonable attorneys' fees and costs for these employees if they accept a pretrial diversion program in lieu of proceeding to trial. Specifically, pretrial diversion would require that the employees complete six (6) month.? of probation. At that time, all charges would be dismissed and there would be no adjudication of any of the charges. A copy of Mr. Garay's attorney's most recent letter is attached as Exhibit 1 to this Executive Summary. Under the applicable case law anti the County's Resolution No. 95-632, a copy of which is attached as Exhibit 2 to this Executive Summary, a local government must reimburse its employees and officials for the reasonable attorneys' fees and costs they may incur in defending against alleged criminal violations arising out of or in connection with their performance of official duties while serving a valid public pUrPose where such employees or officials arc acquitted or the charges am dismissed. In this case, based upon. the County's own internal investigation, it appears the actions of the employees in question arose out of and in connection with performance of their official duties and it further appears they were atmmpting to serve a valid public purpose by remedying, albeit in an apparently inadequate manner, the acid spill. The question that is left is whether an agreement with the State Attorney to enter pretrial diversion that would then Icad to a complete dismissal of the charges is equivalent to a dismissal as defined by County Resolution No. 95-632 and applicable case law. Based upon inquiry with the State Attorney and discussions with Mr. Garay's defense counsel, it appears that in the pretrial diversion program, the employees would have to report to the probation office, for a six month period and pay minimal court costs. Thereafter, assuming no problems arose during the six month probationary period, all charges would be dismissed as if they had never been brought and there would be no adjudication of any of the charges. Under these circumstances, the Board could reasonably find that dismissal following pretrial diversion was the equivalent of a dismissal under Resolution No. 95-632 and applicable case law although it would not be compelled to do so. Other factors the Board may wish to consider in reaching a decision on this matter include the following: I. The three employees in question have already been disciplined, with all three having been suspended and one of them having been demoted. 2. As indicated in the Fiscal Impact section of this Executive Summary, if all three employees or any of them would go through pretrial diversion at this point and the County agrees to reimburse the reasonable attorneys' fees and costs incurred at the end of probationary period and following the dismissal, the amounts involved will be far less than if any or all of the three employees proceed throu~h trial and are found not guilty. 3. At this time, the question of the constitutionality of one of the criminal statutes under which the three employees were charged, ge., Improper Disposition of Hazardous Waste, Section 403.727(3)Co), Fla. Stat., has been appealed to the Florida Supreme Court. Previously, the trial court in the case found this statute to 13e unconstitutional. That decision was appealed by the State Attorney and the Second District Court of Appeal reversed the trial court. AGENDA ITEM OCT 0 8 2002 Pg. 4. The County's inteimal investigation found no intentional wrongdoing by any of the employees involved. FISCAL IMPACT: Mr. Erickson's claimed fees and costs to date are approximately $8,006.15 and Mr. Garay's claimed fees and costs arc $13,711.08. No information was available on Mr. Wheeler at the time this Executive Summary was prepared. Mr. Garay's fees and costs are higher because his attorney has handled the appeal. No determination of the reasonableness of these fees and, costs has been made. Such a determination would be undertaken if the Board decides to reimburse reasonable fees and costs. At this time, we have received an estimate that if all three defendants proceed through trial and are found not guilty, the County may be exposed to at least an additional $30,000.00 in allomeys' fees and costs. GROWTH MANAGEMENT IMPACT: None. RECOMMEN~DATION: That the Board consider and detem'fine wheiher to pay the reasonable attorneys' fees and costs incurred by County employees charged with criminal violations in connection with the March 7, 1999 sulfuric acid spill at the North County Regional Water Treatment Plant if such employees proceed tl'Lrough pretrial diversion and the charges now pending against them are dismissed. PREPARED BY: Michael W. Pettit Assistant County Attorney DATE: REVIEWED BY: 13:~vid C. Weigel County Anomey DATE: 'h:/PubliedMilm/F. xSum/uo cry mraugr m~ph~ e~4mi.~! ~.~ ~:g~ f~ & ~.110101 ' OCT 0 8 2002 pg. ~ 3 Item # 12A November 13,2001 RECOMMENDATION THAT THE BOARD PAY REASONABLE ATI'ORNEY FEES AND COSTS INC~D BY COUNTY EMPLOYEES CHARGED WITH CRIMINAl. VIOLATIONS IN CONNECTION WITH 03~07~99 SULFURIC ACID SPILL AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT - TO BE BROUGHT BACK UNDER CONDITIONS OUTLINED BY THE ATTORNEY'S OFFICE CHAIRMAN CARTER: report. MR. WEIGEL: Thank you, Mr. Chairman. Attorney Mike Pettit will make the presentation. I'm down to 12-A, county attorney's Assistant County MR. PETrlT: Good evening, Commissioners. Mike Pettit from the county attorney's office..I'm here to present this item. It involves a request by attorneys for three county employees who have been charged with criminal charges for determination as to whether this board would approve the payment of their reasonable attorney's fees if they enter a pretrial diversion program. As explained in the executive summary, we've looked at the laW on this issue. If, in fact, these three individuals went to a jury trial or a trial in front of a judge and were found not guilty or if a judge threw the case out of court, there would be no question in our mind that this board would have no choice but to pay any fees that they have incurred. The reason I say that is the county undertook an investigation sometime ago and concluded that although these gentlemen .did not follow the established procedures and did not-- and used poor judgment in the way they reSponded to this acid spill incident in the. way they att~.mnted to disvose of the acid by diluting ':~~~~ I ^GffUOA ITl'Id 1 0CT 0 8 2002 [. Page 261 November 13, 2001 they didn't do it intentionally. There was no intentional wrongdoing. There certainly was no action that was uncovered to show that they were doing anything to benefit themselves..So that meets the legal test. What were they doing? They were acting in the course and scope of their duties, and they were trying to perform a valid public purpose, albeit they didn't do a very good job. I don't think anybody disputes that. They were charged criminally subsequently. They've been disciplined internally in the county, although they're all still employees here. As I said, if they were to go to trial or a judge threw the case out of court at some point, you would have under Florida law an obligation to pay any fees they've incurred. We're kind of in a gray area. Pretrial diversion would lead to a situation where after they reported to a probation officer for six months the case against them would be dismissed, and it would be as if they had no record, no charge. In my opinion, I don't think that compels this board to have to pay the fees if they, in fact, go that route. Now, they may.decide to go that route, and they may sue the county and demand their fees, and then I guess the judge will tell me whether I'm fight or wrong. So we're kind of looking into the furore. In my opinion, at this point, I don't think you're compelled to go that route. By the same token, the language in the cases and the language in resolution would indicate to me that you could reasonably conclude to go that route. In other words, agree at this point that, yes, if they go through the pretrial diversion and, yes; if they complete that successfully, we will agree to pay their reasonable fees incurred. I should make the point that we don't know whether the fees that I've got :~~ ',ummary are reas'Onable bec~ I oc'r zoo Page 262 ~ November 13, 2001 reviewed any attorneys' fees statements. These are just numbers that have been given to me by the attorneys involved. The practical downside, if the board chooses not to pay today -- actually, they wouldn't be paying today; you wouldn't pay until they completed the diversion program-- is they may choose to go to trial, and they may be found innocent. If they are their fees and costs, obviously, are going to be greatly expanded from what they are now. CHAIRMAN CARTER: Mr. Pettit, what would be the total on all three employees? Is that about-- MR. PETTIT: I still do not have a number for the one employee. CHAIRMAN CARTER: Approximately. MR. PETTIT: I would estimate based on the two figures that I got from the two attorneys that we're looking at something fight around twenty-nine or thirty thousand dollars at this point. COMMISSIONER FIALA: And if we go forward with this and if, indeed, they do their little trial and so forth, rather than go to trial we'll save about 30,000; fight? MR. PETrlT: Well, understand that, first of all, I don't know whether the $30,000 is reasonable. I think I would have to come back to this board at least with a consent agenda item and make a' recommendation as to what was the reasonable amount we would pay. I'm just telling you today what their attorneys claim they have incurred. That's Point 1. Then Point 2 is we would only be legally obligated, in my opinion, to pay if the judge for some reason throws the case out of court. For example, there's an issue of the constitutionality - of one of the statutes that they were charged under. Or if they go to trial and a jury finds them or a judge finds them -- I can't recall whether they've got a jury or a judge trial -- not guilty, at that point NO. OCT 0 8 Z00~ ould havePaget° 263 pay whateverth..~ fees and costs are. CHAIRMAN CARTER: November 13, 2001 I guess, Commissioners, I will tell you where I am. I punched a time clock for a period of time. That supervisor or foreman told me what to do. I didn't stand there and have a debate with him particularly if it was an emergency situation. I did what I was told. So these are two hourly employees under the direction of a supervisor. MR. PETrlT: The super-- I think -- my understanding of the situation is that the supervisor is one of the three people charged here. CHAIRMAN CARTER: I know, but I'm taking the two employees. My conscious says, I'm willing if we can craft some statement here to bear the cost of where they are if it goes through due process as you've outlined. There's six months, and then they're -- in essence or in my terminology, they're adjudicated or whatever it is, and they're okay. The supervisor has been disciplined and has been demoted, if you please, in this situation, and I don't know how good of training he received. I don't know how up to date he was. I don't know how good we were in training him. I don't know where the shortfalls were. That's probably an issue maybe some of the other commissioners want to talk about. But I have a feeling that if a person in a situation does to the best of his or her abilities under the training as they understood it at that time and the ordinances and regulations and took action, and even if it turned out to be that there was some things there they could have done better under a law or an ordinance by the Department of Environmental Protection -- and I wonder how many anywhere, would know all the laws and ordinances in any given situation -- and they performed to the best of his ability. I'm inclined to say that if we can craft up to 30,000 working with stlllOSks0a.~o. ~~ with these attorneys, it is my '' OCT 0 8 2002 Page 264 pg. November 13, 2001 commissioner that perhaps this is what we need to do today and then just make sure in the future, A, have we corrected all the things that took place so it doesn't happen again or reas9nably assured it doesn't happen again and, two, that all of the employees that are involved in these situations have received the proper training. Comments, Commissioners7 Commissioner Coletta. COMMISSIONER FIALA: I want to -- COMMISSIONER COLETTA: You first, please. COMMISSIONER FIALA: Okay. I just wanted to ask two fast questions. Who charged them7 MR. PE'I"'I'IT: They were charged by the State of Florida, I beheve, following a Department of Environmental Protection investigation, I think. I, quite frankly, am not sure of the relationship between the Department of Environmental Protection investigator and the state attorney's office and the decision to charge. COMMISSIONER FIALA: Now, I understand that they were following procedures that they thought were in effect, but it was for a smaller spill; is that correct? MR. PEI-I'rI': That's my understanding from the report that was prepared by our water director, and I do want to clarify something in the executive summary. I think I said in that second sentence that several staff members were told to follow established - in fact, they failed to follow established procedures. That's a mistake in the executive summary. As I understand the report, the failure to follow established procedures in part was the failure to contact the DEP when the spill occurred and report it. That was one problem. My understanding, though, is there had been a similar spill some years before, similar in that it was the same kind of acid, but it was a very tiny quantity. The DEP apparently gave instructions that you could dilute that spill with waret. No. -1 b£~)~)_ OCT 0 8 2002 F'g. :d to dilute the spill here. There wa.q 500 gallons. I '-,~.GENDA ITEM. Page 265 November 13, 2001 My understanding is that no amount of water was going to accomplish that dilution, and when they realized that there was a problem with that, they called an outside co.mpany to come and take the liquid and put it in a storm retention pond -- one of the county's storm retention ponds2 CHAIRMAN CARTER:. Mr. Mudd. MR. MUDD: Can I interject -- Jim Mudd, deputy county manager -- for a second? That stormwater retention pond, I think you also got to work with the ingredients. Was there any environmental harm because of the actions that transpired in the spill? We've had a monitoring program that we've had to be into because of that consent order. And so far that monitoring report -- and we just got back a 16th of October letter from the Department of Environmental Protection basically saying "Why isn't your contractor asking for clean closure?" In other words, there was no chemical reaction that would produce heavy metals in the ~oundwater contamination. We still have increased sulfates, but that's the secondary treatment criteria for clean water. So we're finishing that process up. The sulfates will go down. But the environmental harm, per se, because of where they put the acid that was diluted has shown that there was none. COMMISSIONER COLETrA: If I may. ' CHAIRMAN CARTER: Interesting. Commissioner Coletta. COMMISSIONER COLETrA: I want to remind this board that we are also being sued and that we have the full support of the county behind us to be able to get through this. Are we guilty of what we did? I hope not. I'm sure these people aren't either. But I'd like to hear from their boss, Tom Olliff, on his spin on this. We have to put everything in context. MR. OLLIFF: Well, I think, clearly, this is more of a legal issue and a policy call in this particular case. I think the risk is that they go forward -- and ifs an AGENnA/T~'~ OCT 0 8 ZOO2 odd position to put the board in be,~ Page 266 November 13, 2001 frankly, what we're saying is your risk is that their charges are dropped and, frankly, that would be a good thing. So it's an awkward position. But were they to go to that extent and the charges be droPped or dismissed by the judge, I think, clearly, the exposure could be as much as twO times of what you're looking at in terms of attorneys' fees today. Did they handle the situation like they should have? No. Did they handle it in a way that they thought was the right way? Yes. I think those employees did what they thought was the right thing to do at the time. Have they been punished.internally and has this court process from a year and a half ago that's been dragging through the system and making them pay 'their own attorneys' fees taught them a lesson? I don't think there's any question about that. Do I ever think that those three employees will do anything like this again? Absolutely not. Nor do I think that the lesson they learned wasn't shared by every single person who not only worked at that plant, but every single person who works at your south county plant as well. So I think the county learned a very valuable lesson. Frankly, I think it's a question for the board -- a decision for the board to make, but I think, in essence, it's a decent financial decision to be made now, and it's also one where I think those employees did not do anything that was a crime of commission, if you will, but rather one of omission where they simply made a mistake simply trying to do the right thing in the public's interest. COMMISSIONER HENNING: I think our former public works director didn't help out the situation with his comments. MR. OLLIFF: I couldn't agree more. . COMMISSIONER I-IE~G: So I think that we -- in this case only -- that we should step up and do the right thing for our employees. Now, what that is, if we can just say that -- can you bring on a consent item? Page 267 someth~n~~~~ack OCT 0 8 ZOO2 November 13,2001 MR. PEITrr: If the decision of the commission is to vote to pay these fees if these gentlemen go through pretrial diversion successfully, it would end up they would haye no criminal record. They. Would have no -- they could, for example, on a job application honesty say they've never been convicted of anything and so forth and so on. , I would then recommend that their attorneys submit to the county attorney's office the bills and supporting documentation for the bills, and let us look at those bills and make a recommendation to this. board as to the reasonable fee that we should approve, which may be less than the numbers that are in here. COMMISSIONER HE--G: So we get another shot at it? MR. PETTIT: Correct. COMMISSIONER I-rE--G: That would be my motion, to bring it back. CHAIRMAN CARTER: Under the conditions outlined by Mr. Pettit? COMMISSIONER HE--G: Exactly. COMMISSIONER FIALA: rll second it. CHAIRMAN CARTER: I have a motion by Commissioner Henning. I have a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN CARTER: Hearing none, all in favor sign/fy by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) .. , CHAIRMAN CARTER: Motion carries. Thank you. MR. PETriT: Let me add one other thing. These gentlemen have not entered-- this agreement is available to them. They have am not convinced-that all three Page 268 November 13, 2001 certa/rdy several of them were interested to know how this board would treat a request for attorneys' fees if they do enter into the agreement, and that's why this is here today.. CHAIRMAN CARTER: Thank you. MR. PETTIT: Thank you. Item # 15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN CARTER: Well, ladies and gentlemen, I think that brings us down to staff and commission general communications. Mr. Olliff, do you have anything.for us? MR. OLLIFF: I actually prepared some comments. COMMISSIONER COLETrA: This is serious. When he's behind the podium, he's really serious. MR. OLLIFF: I think each of you have talked to me over the course of the last week and some of you well before that in terms of economic downturns in terms of what's going on with the state and the state budget reviews and clearly in response to the most recent election. ' I think in response to these recent issues that have been surrounding the county -- I think there are two things that we could do. One, we could just go on about our business as usual or, two, we could spend a little time to try to figure out exactly, one, what messages the referenda decision sends to US, and perhaps'more importantly what messages, I believe, we need to recognize are,not sent by that decision and, thirdly, to try and decide how we're going to respond. I suggest the following that we did not hear from that referenda decision: That solving the road problems'are not importS> I OCT 0 8 2002 i Page 269 'U AGE A T OCT 0 8 2002 pg. · RESOLUTION NO. 95- 632 ~, ~e Boa~ ~f cowry Co~ssioners ~ ~e Coll~ ~e necessi=y for m~g ~ecislons regarding all phases Co~ policy, ~g~t an~ legal co.scl, respec=ively; and ~, local gove~en~ and their euployees have recently become s~jec= to increasing nu~ers of lawsui=s based u~on s=a~e and federal laws; and be made conpe=en~ly, in ~he public in=eres~, and wi~h the ~ea~ of per]onal liabili=y for board and s=aff me. ers for makL~g sai~ ~ecisions ~eing m~in~aine~ at a ~in~ so ~s avoid ~e "chilling effect" on the proper and ~i!igent p~fo~ance of public duties recognized by ~e Florida Supr~e Cou~ in Thcrnber v. C~tv cf Fort Walton Beach, 568 So.2d. 9!4 (1990]; and ~, Florida s~a=u=o~ and case law, as well A~=orne~ G~era! opinions (hereaf=er refe~ed to as "AGO"), fo~ ~e remitments and discretion which are afforded to ~e local gorging ~ody to fo~ulate a policy regarding provision of counsel and pa~en= of legal ~ses for Board m~ers, Co~=y s=aff and adviso~ bo~d m~ers who involved in li=iga=ion arising Gu= of or in connection wi~ p~fo~n=e of official du=i~ and while s~g a valid p~lic p~ose; an~ ~S, Collier Cowry ~s~ance ~oli=ies ~rently ~=lu4e Coun:y employees as well as Bo~ me~b~s and m~ers of ~e A~nis~a~or's an~ Co~ty A==o~ey's s=aff wi~in ~e scope of coverage, provided ~a= said persons are acting wi~in fraudulently; and AGENDA.IT.EM` NO..I OCT 0 8 2002 pg. WHEREAS, t-he Board of Coun~f Commissioners (hereafter also referred to as ~Board#) desires to hereby set forth and fozmalize i~s policy with regard to the provision of legal 'counsel and ~he payment of legal expenses incurred by County Commissioners and adminis~rative and legal s~aff so as promote competent decisions and conduct in =he public interest while reducing the threat, iht/initiation and chilling effect on perfo~--~ance of official duties ~eated by pc=an=iai personal liability for county Commissioners and County staff while ac=iht in the scope of their official du=ies and while serving a valid public pu---pose. h~ =_~EA $, t-he various advisory boards, quasi-judicial boards and regulatory boa=ds (hereafter also collec=ively referred Uo as "advisory board(s) ") fo.--reed by =he Board cf Cour.=y Commissioners, and t-he m--~-hers t. hereof who are appcinted by t-he Board of County Commissioners, se.-we a critical function wi~--h regard to t. he operation of Collier County Gove---nment; and ~q~.LqEAS, t-he members of such boar~s serwe on a volunteer basi_~ m'i~_hou: compensation for t-he tine spen= in perfc=---Lng t-heir duties and functions; and r regarded by t_he ~W.=_R~A$, said boards and board menbers a e Board cf County Co=nissioners as being wi=bin the umbrella of legal protection afforded to the Board cf County Commissioners and c~her Collier County employees; and h-WJEREAS, the Boerd hereby desires to set forth end for~alize its policy with regard to the provision of legal counsel and ~he payment of legal exp~nses incurred by advisory board ne=bets so as to promote' competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE ~T RESOLVED BY THE BOARD OF COUNTY COP~iI$$IONER$ OF COLLIER COUNTY, FLORIDA, that: oo AGENDA ITEM - 2002 Pg. 1. Dafin£t£o~' of e*count~ pe~son(s)"z As use~ in ~.his Resolucton, ~he t~ uCo~ p~son(s)' shall ne~ and lnclude . ~e m~s of ~e Bo~d c~ co~t~ c~isston~s, ~e co~t~ ~ . all ~pluyees of ~e Bo~ of Cowry C=ssi~n~s as well ~he Co11~ Cm~=y ~o~ Au~ori=y D~mc=mr and his staff, ~he Director and s~ff of any ~er Co~-~aa=ed auto=iCy, ~e offices and s~ff of any dep~den= or o~ special dis~i~ fo= which ~e Colli~ County Board of ~issioners is ~e gorging body or ex-officio ~e governing b~y ~h~eGf, and any p~son appo~ed by ~e Board of Cm=ission~s to a Colli~ County Advi~o~ Board, ~asi-Judicial board or =egula=o~ boar~ foxed by ~he Board of County Co=issioners of Collier County, Florida. 2. Pursuan~ ~o Section 111.07, Florida SCa=utes, and Tho~ber v. City o~ For= Walton 8each~ 568 So.2d 914 (Fla. 1990) , ~e ~oard hereby resolves to provide legal rspresen=a~on =o Cowry persons in clv!l actions and in civil rights actions subject to ~he l~i=a=ions set forth herein. a. Legal repress=at!on shall be provided in civil ac=ions and in civil rights lawsuits only if ~e litigation invol~ing ~e Cowry person to be represented ~ises out of or in co,ac=ion =he perfo~nce of official duties and while said County p~son ~s se~g a valid p~lic p~ose. No representation shall be provided ~n to~ a~ons if ~e Co~=y person acted failed =o a~ in bad fai~, wi~ ~licious p~ose, or ~n a ~er e~i=ing w~n=on and willful disregard of h~an right, safety prope~y. No repres~tation shall ~ ~rovided to any Cowry person in a civil action or civil rights a~on where said Co~ person acted failed to ac~ with intent to ha~. No Irepresentacio. ~hall be provided in any case OCT 0 8 2002 Co whet-' ~he Coun=y person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Comm~ssioners specifically finas', -. at a public meeting, =ha= said failure to follow legal advice was for reason(s) within the County person's scope cf employnent and served a valid public purpose. collier county shall at all times have the represent such individual ~-hrough the County At=o~-n ey ' s office or to select counsel to represent said County person in =he civil ac=ion or civil rights action. If a County person chooses to obtain private legal counsel wi~--hout prior au~_horization fron Collier County, all fees and~or cos~ in=erred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment cf legal fees and/ct costs. Any legal fees and/or costs properly payable under this Policy must be reasonabl.e in anount. Pursuant to Section 111.07, Florida SCa=utes, any attorney' s fee~ and/or costs paid or incurred by the county for any county person who is found to be personally liable by virtue of ac~ing outside the scope of employment, in had faith, 'wi~h malicious purpose, or in a manner exhibiting wanton and willful disregard ok human rights, safety or 'p~oper~y, may be recovered by the Coun~ in a civil action against such County person. Notwithstanding anything else stated in this section or this Resolu=ion, the Board shall hav~ the sole and absolute discretion allowed by --4-- Section 111.07, Florida S~aCutas, as well as by applicable case lev, to not provide legal ! represen~ation and ~o i~=ead re~se ~y Co~=y p~on for r~onable a~=o~ey-, fees , and/or cos~ ~ ~e event ' ~a= said Co~=y person prevails ~ ~e civil or civil rights ac=ion. 3. P~an= ~ Se~ions 111. 071 and 111. 072, Florida SCa=utes, ~e Co~=y shall pay for f~l Jud~en=s, amttl~ents ~dZor cos~ involving Co~=y p~rsons ~ civil ac=ions he=ein. a. Collier Co~=y shall pay final j ud~en=s, se==l~en~ and/or cus~ involving County per~on~ only wh~e ~he litigation ~use out cf or ~ connection wi~ ~he p~fo~nce by County person cf official duties and whil~ s~ing a valid public p~o~. No f~al jud~=, settle=eh= or cos~ shall b~ paid for by ~ Co~=y in a civil a~icn or a civil righ~ ac=ion ~f ~e County p~rson against whom ~e final jud~en=, settle=eh= and/pr costs have be~ imposed has ac=ed or failed =o in=an= ~o h~. The County shall not pay any f~al j~:, setnl~en~ and/or cos~ in actions where a Co~=y person has ~ailed to a~ wi~ bad fai~, ~lice or wan=on' and willful disregard of h~an right, safety or prope~y. No jud~en= ~d/c= cos~ shall be paid In any ~se vhere ~e person has willfully failed to follow ~%e legal advice f~ishe~ by the Office of ~e m Attorney, unless ~he Board of Commissioners specifically finds, at a meeting, ~ha= said failure to follow County public legal advi~m was for reasons within ~.he County person's scope of employment and s~ed a valid ~c p~ose. , paid or ~=ed by ~e Co~y shall be in s~i~ a~ce wi~ ~e sov~eign re~v~ 1~i~ se= fo~ ~ Se~ion 768.28, Florida c. If ~e Co~y person has had pr!rata legal repres~=ion in ~e case, con==a~ ~o ~he provis~ons of Section (2} (b) of ~his Policy,' any final jud~ent, se==lem~= and/or costs . shall be ~he sole responsibility cf said person ~d Collier Cc~=y shall accept no . respo~ibili=y for pa~en~ cf =he final jud~ent, set=lement and/or d. Pur~uan~ to Sec=ion 111.071(4), ~hi~ sec%ion Dot ~tended to be a ~aiver of sovereign ~i=y or a waiwer of any o~her defense or ~uni=y to su~ lawsuit. 4. In cases where a co~ty per,on is fo~al!y charged wi~ a c=~al violation, ~e County shall pay ~e legal fees ~d/or costs ~rrRd by sai4 County per,on only follov~g c~t~ces: a. ~e ~a~es against ~e County p~son ~ose out of Gr In co~e~ion wi~ ~e perfo~ance of official du~~ and while se~ing a valid p~lic b. The County p~son has been ac~itted or ~e ~a~es di~ssed. ~e!o v. C~tv 0(. Sunrise, * 423 So. 2d. 974 (4~ D~ 1982), pet. for rev. dismissed a= 431 So.2d. 988 (Fla. 1983), and AGO 89-33. c. ~e legal fees and/or reasonable in ~oun=. O(::T 0 8 2002 d. The ~ount7 p~rson has first notified ~he County adminis~a~io~ and legal s~aff of =he pendency of the charges and has permitted the County ~he oppor~unity to either directly provide counsel , or to a!low said County person to choose his/her owz~ cou]~sel. e. The charves have not resulted from the willful failure of the County person to follow t.he legal advice furnished by the Office of the County Attorney, unless ~he Board of County Commissioners specifically finds, at a public meeting, ~.hat said failure to follow legal advice was for reasons wi~-hin ~-he County person's scope of ~mp!oy~en= and served a valid . public purpose. f. The legal fe~s and/or costs incurred by a county person during ~-he investigatory, pre-charge stages cf a criminal case shall be paid by =he County only for proceedings involving potential criminal liability for ~he County person end wh~e the allege=ions are ultimately =o be unfounded and to have arisen, from conduct related to the' p~rfornance cf official duties and while sel-~ing a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and · of this Resolution shall also govern ~hese g. In the' even= that the County person has been provided legal representation by the C. oun=y and the County person is found guilty of a c=£minal charge, the County may recover from the County person in a civil ac=ion all legal fees and/or costs paid or incurred by the County. $. The County shall pay legal fees and/o~ costs incurred County persons An ~ases involving for=al ethics charges AGENDA IIEM... No: OCT 0 8 20O2 P~. ~ sub~ec~. to the limi~/ations provided herein: a. The ethics charges arose from condu¢~, related to ~hs performance of official duties and while 'serving a valid public purpose. ~%13~D__~, 397 So. 2do 352 (1sC DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully c The legal fees and/or costs charged a e reasonable in amount. d. T~e Count'S, person has first notified '~he County administration and legal staff cf the pendency cf the charges and has perni=ted ~--he County the opportunity to either direcnly provide counsel or to allow said County person to choose his/her O~1 COI]/~S el. e. The charges have not. resulted fro= t. he willful failure of t. he County person to follow t.he legal advice furnished by ~.he Office of ~-~e county Attorney, unless ~-he Board of County Commissioners specifically finds, a: a public meeting, %ha= said failu=e to follow legal advice was for reasons within the County person's scope of e. mploymen~ and served a valid public purpose. f. The legal fees and/or cos=s incurred by a County person during the investigatory, pre-charge s~ages'of an ethic-~ complaint shall be paid by ~he County only for proceedings involving -- . poten=ial civil and/or criminal liability and/or e~.hics sanc~:ions for the Count-f person and where ~he allegations ere ultimately deter-mined to be ~nfounded and to have arisen from conduct related ~' the perfornance of official dutie and while serving a valid public purpose. A=O AG I P~..~~ 94-1f. ~e prov£sions of $~bsec'.ions 5b~ c, d and a of ~s 'Resolution sl~[[ t[so gov~ ~ese c~ses. ~ ~e ev~ ~a~ ~e Cowry p~son provided legal reprobation by ~e Co~ and ~e Co~ty p~son ~ fo~d by ~e Florida E~ics Cohesion or o~ appropria=e ~al having jur~di~ion over ~e case ~ have co.ir=ed e~lcal v~ola=ions, ~e Co~=y may recover from =he Coun=y person in a civil ac=ion all legal fees and/or cos~ paid or Coun=y. h. . No~hing In ~his sec=ion shall be focal or ~fo~al e~ics opinions on b~half of one or more co=issioners. The Co~=y shall pay legal foes persons ~ cases ~volving non-co~ty l~i~=ions provided her~in: a. The proceedings and/or charges arose from conduc= tala=ed =o ~e perfo~anc~ of official du=ies and while se~ing a valid public purpose. b. T~e Co~=y p~scn has prevailed and suc=~ssfully def~ded agar= ~e proceedings ~d/or char~es. c. The legal fees and/or cos~ c~ed are reason~le in d. The C~y p~son has f~s= no=if led ~he Cowry A~s~ation ~d legal s~ff cf of ~e proceedings and/or ~arges ~d has pe~i~ted ~e Co~ ~e oppo~i=y to dire~ly provide co~sel o= ~o allow said Co~y p~son =o ~oose his/her own co--el. e. The ~ges and/or proceedings have no= resul=ed from ~e willful failure of the --~AGENI}A Il:EM.. OCT 0 8 2002 ! follo~ ~he legal advice furnished by ~he Office of ~he Coun=y. A=torney, unless ~he Board cf Co~ ~ssl~ specifi~11y finds, a= a l~aI advice was for re~o~ vi~n ~e Co~ty p~son's scope ~f ~plo~en= and se~ed a valid ~lic p~ose. f. ~e legal fees ~d/or cos~ in~ed by ~e Co~ty p~son ~Ing ~e penalty of ~he proceedings anchor ~e inves~iga=o~, pre-charge s=ages of an a~inis~aCive or re~laCo~ case shall be paid ~ ~e Coun=y only for proceedings .and/or charges involving po=em=ia! civil and/or ordinal liabili=y and/or adninis=ra=!ve/ .regula=o~ sanctio~ for ~e County person and ~here ~he allegations are ult~ate!y dete~ined %0 be unfounded and %o have risen from conduc= related ~o ~e perfo~ance of official do=les an~ while s~ing a vali~ public p~ose. AGO 94-11. ~e provisions of Subsections 6b, c, d and e of ~is Resolu=ion shall also govern ~hese g. In ~e even= ~a= ~he Coun=y person has been ~roviae~ legal represen=a=ion by =he CoUn=y and ~e county person ts foun~, by ~n a~is~a=ive or re~lato~ agen~ or o~her apprcp=ia=e ~ib~al having ~isai~ion over ~e case, =o · " have civil or =~1 liabili=y and/or =o have viola=e~ a~nis~ative or re~la=o~ ~les, ~he Co~=y ~Y recover from ~e Co~ty person in a civil action all legal ~ees and/or =os=s paid or 7. The County shall pay legal ~ees ~d/o= costs inc~=ed b~ ~n~iv~dual me,ers of'~he Bo~d of Co~y Co~SSlOne=s for inst!=u=ing, as opposed to defending, li=iga=ion only ~he=e all -10- of the following c£r~'~'~Cances are present: s. The ll~igaticn arises from or in connect£on wi~h I the Board ~mbers perfoLmance of o~c~a~ du~es p~ose. Boa~d o~ Coun~ Cm~ss~on~s an~ not o~ ~Co~Cy p~son" deZ~ned ~n Sec:~on ~s Resolution. c. The Board m-~her n~ prevail in said d. Th~ legal fees and/or co==s are r~ascnable in anoun=. e. The Board me~ shall have firs= no=ified Board of Co~ty Co~issioner~, ~h~ Co~=y 'A~inis~a~or a~ ~he Coun=y A==o~ey prior · ~he cc~encen~t of .~he litiga=ion ~d shall either ~ec:ly provide counsel or ~o allow ~aid Co~ission~r =o chcos~ his/h~r own counsel. f. The li=iga=ion has no= r~sul=ed ~=un =he willful failure to follow ~ legal advice f~nished by ~he office of ~he Coun=y A==o~y, ~less Board of Cowry Co~issioners sp~cifically finds, at a public mee=ing, ~a= said faille follow legal advice ~as for reasons wi~in Co~issi~ner's scope of ~plo~= a~ s~ed a valid ~lic p~ose. g. In ~e ev~= ~ ~e ~issioner has been provided iegal rapru~tion by ~e C~ty and ~e Co~ission~ does no= pravail in litigation, ~en ~he Co~ty may recover from Co~issioner in a civil ac=ion all legal fees and/or cost~ paid.or in,fred by =he Co~%y. Ail prelimina~ decisions a~inistering and -11- AGEN. D.~ I,T~k~ ,.,\ NO. _I OCT 0 8 2002 implementing ~his policy shall initially be made by 'c, he County Adminis=rator and/or his d~signee and ~e Office cf ~he Co~=y A~ey in ~op~=ion ~ ~nsul=ation ~i~ ea~ o~er' respec~we offi=~. Bo~ offic~ are h~y ~elega=e~. p~ =o ~e ~y la~ul a~ reaso~le ~w~=iga=ion evaluation ~f ~ses ~is~g ~d~ ~is policy. Sai~ evalua=ion s~ll =~e ~=o a==o~= all avail~le rele~= info--=ion addition =o ~e na=~e, t~e, n~ ~d subs~nce of allege%ions conta~ed ~ any pl~dings filed ~d/or se~ed in any legal proceed~g. Ail final de~e~a:ions regarding ~pl~=a:ion and a~inis=ration of ~i= poli~ sha!l be made only by ~he Board cf County Co=ission~= ~hich is in accordance wi~ AGO's 85-5!, 89-22, 90-74 and 91-58. The Board shall also ~e all final da=e~ina=ions regarding provision of a legal defense ~d/or paying legal e~enses of County persons ~or any =~e of legal claim cr sui~ arising from a County p~son's perfc~anc~ of official du=ies ~hile se~ing a valid public pu~ose if said t~e of cla~ cr suit is not specifically ad~essed by ~his Resolution. 9. Collier Coun=y Board of County Re~olution Nos. 85-126 and 85-178 are hereby repealed and superseded in ~heir entirety. '' This Resolution adopted al=ar notion, second a~d majority vote' favoring same. ·' .ATTF~. "- ' 2 '"-. ' DWIGHT' ~ Z ;:..BRO~.K, Clerk · . · ~ -, ....; .'~. le~l'[suX~iciency: -Ram~ro Ma~alic~ Chief Assistant County -12- bradley_n Page 1 of~ From: LaMont, Barbara Sent: Wednesday, September 25, 2002 4:05 PM .... 7: bradley_n ~ubject: erickson, barry Dear Ms. Bradley, Per our conversation on Monday, 9-23-02, regarding Mr. Erickson's case, pJease be advised of the following: He was under active supervision beginning 12-11-01, under a Pre Trial Diversion Program. He was terminated, early, on 6-26-02 He completed all the conditions of the program, including $253.00 to the Collier Clerk of the Court $30, to the Department of Corrections for Drug Testing, $150 to the Department of Corrections of Cost of Supervision. All of these fees had a 4% surcharge. I hope this will assist you in resolving his case with your agency. Sincerely, Barbara ,4. CORRECTIONAL PROBATION OFFICER Phone 239-931-5125 Fax 239-278-7188 9/25/2(X)2 AGENDA ITEM .o. OCT 0 8 2002 · FROM ': Cai_. CO. N. REG. IJRTER PI_ANT PHONE NO. : 941 455; 4261 S,=p. 25 ~ &?.:Z2R'I P2 COLLIER COUNTY NORTH WATER PLANT 8005 Vandcrbilt Beach Road Ext, · Naples. Florkla 34120 · 239-352-?014 · FAX 239-455-4261 COUNTY ATTORNEY'S OFFICE MICHAEL W. PE'ITIT ASSISTANT COUNTY ATTOI~NEY I wou.ld like to thank you and your office for handling the details involved with presenting information to the Board of Commissioners for the reimbursement of legal fees. This has been a long, da~wn-out matter over the last three years that has affected my family as well as the County. I will be glad to see this matter come to a close. Per your request, I have attached the following information. - A statement from my attorney, Nelson I=aerber, stating thc total amount that I paid Ms office. · Statements from Suncom~t Credit tJnion which highlight the imerest paid in 2000, 2001 and 2002 on a loan wkich I had to take out to pay the retainer fee ($7,500). ! understand that your office has contacted the Department of Corrections and they will be se'ading you a stateroom detailing the payments I made to them d~ing the pre-trial diversion program that I completed. I would like to thank your office again for dealing wifl~ that matter. I would like you to know about the circumstances regarding the interest paid on the loire for the retainer fee. In 2000, I was informed that the retainer would be $7,500. I was told that this amount was significantly lower than the nounal fee and that if it was not paid up front my attorney's office would charge me 1 g% interest on the amoum owed. Since I could not pay upfront, I thought the wise decision would be to take a loan with a more reasonable raze. This would benefit who ever would be paying in the end, either myself or the County. I hope the Board of Commissioners considers these facts in making thc decision on whether to reimburse me or not for the interest paid on the loan. The other two County employees involved had different circmnstanecs than I did. One did not pay up font mad allowed his attorney to carry the balm~ce. The other ea-a~oyee paid a fee trp ~ront that was substantially less. Harry £rickson, Senior Operator Got_!t_.~,. County North Regional F~ater Plant C O AGENDAITF ' ~ OCT 0 8 2002 Pg. $~p- 16-0:~ 0:1: 3.61= Da:e: ~9/1~/C2 TABS :I: Client ~lling Summary Report ~imary Timekeepcr: I Nelson Faerber, Jr. T~ o~/l~/o~ 9agc: 1 Date Paymen= Hours 11416-95M ERiCKSON/BARRY STATE OF FLORIDA VS Fees Expenses A~vances Fin Ch9 SUmt # Ref o~/=s/oo vsoo.oo~ o~/~o/oo Write-Up: 05/3~/00 o~/~?/oo 4oo.oon o~/~o/oo 08/23/00 106.15R oa/3z/oo os/~o/oo Write-Up: 7500.00 7500.00 1 .17 I. 17 B .00 60.00 435.&0 1.58 1 1 2 2 3 3 4 3 5 4 6 5 7 5 8 6 ~ Subtotal 8006.15 Wri~e-Up: 7501.1'/ 7501.17 a.oo 1.58 Total 8C06.15 Write -Up: 7501.L7 7501.17 8.0C 495.¢0 1.58 AGENDA ITEM NO. ~ OCT 0 8 2002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY...., FLORIDA CRIMINAL ACTION STATE OF FLORIDA VS. BARRY NEIL ERICKSON CASE NO: 00-795-CFA - (DRM) 'NOTICE OF NOLLE PROSEQUI NoTIcE IS HEREBY GIVEN that the STATE has alld do~ [~by giv~ its Notice of Nolle Prosequi, in the above-styled cause for the following charge(s) only:. I. Florida Litter Law Improper Disposition of Hazardous Waste BY: JOSEPH P. D'ALESSANDRO STATE ATTORNEY Assistant State Attorney Florida Bar Number 0365025 3301 E. Tamiami Trail Administration Building F, 6t~ Floor Naples, Florida 34112 (239) 774-8470 CERTIFICATE OF SERVICE I HEREBY CERIlFY that a true and correct copy of the above and foregoing has been furnished to Nelson 3,. Fa~rber, Attorney at Law, 2335 N. Tamiami Trail Naples, FL 34103, SH Collier Sheriff, Sheriff of Collier County, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and 'to Witness Management, Collier Cou~..,ty Government Complex, 3301 E. Tamiami Trail, Building L, Naples, Florida 34112byMaillthisv_~5 _.t'~ day~.~_a.,s~_' ~ ,2002. Assislant State Aftomey AGENDA.ITEM -- OCT 0 8 2002 Pg. ___~) 'FRQH ~ COL. C:O. N. REG. I,,,IRTER PLRNT PHONE NO. : 941 455 4261 S~p. 25 21~2 02:23Pt'1 P3 FOR OO2O84. iii ' .' , .., ,... .-,..~. % ../ . .! ' ,,.....' .,;..:. ' '. ;*!':. 4' ,' . '~.."i:~:";:'" ,, ,- ,. . :..... · ;¢;~.% ;;.~, '. ": :-'..?:i: .': ·: · .' ..Q: ;..;,.?~.' ;.'; .:, : :'..:'.'.,. :.:.' .. . ~:...:.: .... '~ ti ~ AGENDA IIEM '.4' :' ': OCT 0 8 ZOO. .,.. 455 4261 ,S~.p.. 25 2ffi~ 02:23Pfl P4 ': COL.~. N. REG. ~TER PL.RNT Pt-EINE ~. 'fl -23,g0 12-22,90 .8~31 FO~T I~ Fl. ~12-52'.4 aJ~..y ~ A tON(, ,~ NORi! C*q-L mm'T"l. 113.~1.7710 okq 60l-g27-1~ YZSTT OUR k~B~r~"Ejo~L,~,wbr 4O~][[Ty[(:~:~[~ DATE r.&TE ~ Ot~::~ [P1'1'~ ,,,~tm-r ~cE 122100 ~LL~ZII GO ~ 0,,r Cf:IH $o,00 103,11 F~T 1221O0 '0Tl't~l'y1~ ' TOTN. T'Jl) ' J'UI',M. TrO *TOT, a,J. i~D Y,J#Atfi ·,nO O, 2'J , OO · 0O AGENDA.IT. EM -. OCT 0 8 2002 ' FROI~ ': COL. Q:3. N. REG. I~TER PL~T PHOt~ NO. : 941 455; 426:[ SeP 2S 02 0~1~44a L;~e~A ~_ff~c~son ,S~.~..,... 25 20[~)2 l~.:,24Ph1 P5 t~-24-01 12.2~-01 4 o'1' 5 M~ CV~ OR N Zoo/' AG A T OCT 0 8 2002 9 Sep 2002 Dear Mr. Petit, The total amount I paid to my lawyer in fees and costs as documented was $1575.00. The total to the department of corrections as documented was $606.33. At, er completing the pre-lrial diversion program and given an darly release after only six months, I received a refund of $132.00 from the department of corrections. According to what was said at the televised board meeting we were to be reimbursed our expenses for the pre-trial diversion program, if we agreed to go that route, because it would be less costly for the county than legal fees if we went to trial. The total expenses in my behalf will be $2049.00. This mount is less than one quarter of what it cost the other two individuals. I hope this is found to be reasonable. I have forwarded you a copy of all that I have. Please inform me as soon as possible if it is not sufficient. My work number is 239 352-7014. Sincerely, Robert L. Wheeler AGF_NDA~IT. EI~ i OCT 0 8 2002 Pg. IN' THE CIRUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CRIMINAL ACTION STATE OF FLORIDA ROBERT WHEELER CASE NO: 00-794-CFA - (DRM) (MIP) 'NOTICE OF NOLLE PROSEQUI NOTICE I$ HEREBY GIVEN that the STATE has and does hereby give its Notice of Nolle Prosequi, in the above-styled cause for the following charge(s) only: 1. Florida Litter Law 2. Improper Disposition Hazardous Waste JOSEPH P. D'ALESSANDRO STATE ATTORNEY BY: Michael J. Pr~/osi l Assistant State Attorney Florida Bar Number 0365025 3301 E. Tamiami Trail Administration Building F, 6t~ Floor Naples, Florida 34112 (239) 774-8470 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished to Donald P. Day, Attorney at Law, ~670 Airport Road South,, Naples, Florida 34112, SH Collier Sheriff, Sheriff of Collier County, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and to Wimess Management, Collier Co .unty Governmen~/2omplex, 3301 E. Tamiami Trail, Building L, Naples, Florida 34112 by Maill this.~ff'~ day of/~ot~__~ ,2002. ~ich~f J. P-~os't --,f Assistant Sta~e Attorney AGENDAJT~FM NO. OCT 0 8 2002 pg. "*~' Jerry Berry Board Cert~F~l in Criminal Law Donald R Day Berry, Day( McFee, CRI/V~INAL DEFENSE A~ 10RNEYS Shannon H. McFe Janeice T. Martin Kristen E. Rodger September 9, 2002 Robert L. Wheeler 10112 Sunshine Drive Bonito, Springs, FL 34135 Dear Mr. Wheeler: Per our telephone conversation please find enclosed a copy of the Retainer Agreement along with copies of your charge card slips. If you have any further questions, please do not hesitate to contact our office. Sincerely, BERRY, DAY & MCFEE, P.A. c~ Jackie Hake (Assistant to Donald P. Day) j/wheeier-itr 2670 Airport Road South · Naples, Florida 34112 239-775-2255 .- Fax 239-775-315;9. AGENDA ITEI~ _ No. OCT 0 8 2002 Pg. ~ RETAINER AGREEMENT ROBERT LYNN WI-1F.F. LER, hereinat~er referred to as the "Client", retains and employs the Law Offices of Berry, Day & McFee, P.A., to represent him in the pending charge of Littering and Improper Disposition of Hazardous Wastes (Case No. 00-794-CFA). The services provided for in this Agreement are limited to the trial court in which the ease has been initially filed. This Agreement does not include post-judgment appellate or extraordinary remedies that may become necessary. In such case a separately negotiated contract will be n~. The Client agrees to pay the Law Offices of Berry, Day & McFee, P.A. a non-refundable fee of $ 750. 00, exclutting costs, to attempt to get the Client into the Pretrial Diversion Progrant The fee shall be $I,500.00, excluding costs, if the State files an Information and the Client is unable to enter into the Pretrial Diversion Program. Iffull payment xs not received at the time the Law Offices of Berry, Day & McFee, P.A. is retained, 1% interest will be charged momhly on all out~anding balances, regardless of whether a payment plan has been agreed upon. $ 7~.O, go ~:.xwas received by the Law Offices of Berry, Day & McFee, P.A. on It is further agreed and understood that the Client shall pay a $75.00 fiat fee to cover all photocopy, long distance expenses, postage (excluding overnight and special delivery), and local deliveries. In addition, the Client agrees to pay all costs, including court reporter and transcript fees, subpoena and witness fees, research costs, investigation, and travel expenses. Fees for private investigation services are not part of this Agreement and are independent of representation. In the event that the attorney deems it necessary to depose a witness, the client agrees to pay all travel costs, expenses, and deposition costs in advance. The Client, upon receipt of any court or other official notice, will immediately contact the attorney to acknowledge receipt of the same. The Client shall attend all court matters, including motions, hearings, and trial dockets unless specifically notified otherwise by the attorney. In addition, the Client shall keep the attorney notified of arty change of address and telephone number. The Client agrees if they do not adhere to the payment schedule under this Agreement, or otherwise default, the attorney has the unconditional right to withdraw as counsel of record in the Client's case. Time is of the essence for all payments required herein. The fact that the attorney allows the existence of past due or outstanding invoices or accepts late payments shall not be construed as a waiver of this or any other provision. Unpaid bills shall bear interest at the highest legally-permitted rate commencing thirty (30) days after due date until date paid. The Client agrees that in the event that legal action is required to collect pm-due obligations, the firm shall be entitled to recover reasonable attorney's fees, including the value of the time expended by the finn in pursuing such legal action. In the event that the above charge is dismissed and subsequently refiled, or a new or second trial is required, additional fees will be required. The above fee is exclusively for representation at the trial level of the specific case and charges referred to herein. It has been explained to me, and I fully understand, that an attorney cannot guarantee a particular outcome in any matter of litigation which may go to court; that my attorney has advised me of the risks of winning and losing in the case to be undertaken by this representation, including the consequences of both; that my attorney has undertaken to represent me in this and zealously and to utilize his best efforts and exercise his best judgment in an ef result beneficial to my best interests; and that the fee agreement set forth above is D.y Mcr · 2671 Airpol~ Road South · Suile 301 * Na;~les, Florida 34112 · 941.775.2255 · Fax 941.//b..HbU OCT 0 8 2002 Pg .... Page 2 for his efforts to be performed and not for any particular result. TH~ CLIENT ACKNOWI.~I)GES THAT ON THE DAY OF , 2000, THE ABOVE AGREF-MENT WAS READ AND THE PROVISIONS OF THIS AGRF~CMENT ARE UNDERSTOOD AND THAT THIS CONSTITUTES THE ENTIRE AGREEMENT. ACCEPTED: Donald P. Day CLIENT: Robert Lynff Wheeler (3Mcr * 2671 Alrporl Road South - Suite 301 i AGENDA ITEI~ .. OCT 0 8 ZOO2 Pg. · Naples. Florida 34112 · 941.775.2255 · Fax cJ41.775.3150 IKII;ICHASER SIGN HERE X .0 ~ --/'../:, ,'~..,;i ,...,,. ~.-. mtount of ~ T~ ~ ~ ~ ~ ~ ~ ~ I I I I TOTAL ' ' I"~ (.') SALES SLIP IMPORTANT: RETAIN THIS COW FOR YOUR RECORD~ ;:4/02 V ROBERT L wHEELER \ ,, ,/ ,- . ~APi.( 5, FL CURRENCY CONVERSION LRATE j DATE AMOUNT ~ c~ss DESCRIPTmN PRICE AMOUNT , I I I , °^T~'//o?,//oI , , ", SUB ' (TJX, / ~ ~? .:, ~OTAL ,,, T~ .~_~--' · FOL~ECK NO, IBB .~' ~ /, SALES SLIP AGFE~DA tTF,,M... OCT 0 Iii 2002 Pg. BERRY, DAY & McFEE 2671 AIRPORT ROAD SOUTH SUITE 301 NAPLES, FL 34112 STATEMENT Account No. ~rlEELERR Date 05/31/00 PAGE 1 ROBERT WHEELER 2270 42ND STREET SW NAPLES, FL 34116 I Total Amount Due 825.00 I Amount Remitted $ Please cut at dotted line and return with your payment Date 05101/00 05/12/00 0511 2/00 Invoice No. Descdpfion OPENING BALANCE LEGAL FEE COSTS ENDING BALANCE Charges Payments 1500.00 75.00 Balance -750.00 750.00 825.00 825.00 I 31- 60 J 61- 90 I 90+ I Total Amount Due 825.00 0.00 0.00 '0.00 825.00 BERRY, DAY & McFEE !.00% ADDED TO PAST DUE AMOUNT Thank You 0PS0ii~-08 FLORIDA [EPAF(T~ENT OF COF(R'ECTiO,~S Ti,~E: !A:SO:I? · AY~,N,~ OFFICE: NAPLES ~OR7~ COURT ORDERED =' :.~e OFFENDER FI~AN~i~k OBLIgATiON ~GREE~E~T ., VERiFICATiO~ DOCUMENT ~FFi~ER: "~-"~ "~': PAGE: &CFE~B~: WNEEkER? ROBERT L. PAYEE: COLLIER CO C~ERK OF COOPT iFELO~Y) PAYEE iD: PREFIX: ~CCT SEO: 00i CASE ~0: 000077~ STATUS: OPEN PAYEE: PAYEE P~EFiX: ~CT STA7~S: :AYEE: P~YEE P~EFiX: ACCT SE~: CASE ~0: ~EPARTnE~T OF C~R~ECT!OxS DRUG TESTinG 22DCORGO00 OPEL " STATE OF F~O~iD~ COST ~F SuPERVISiON ~,r~Agv, ..:. -. 00i ~ o _. OR!G~AL OkI~ASiD~E:: s582.(,0 TOTAL SuR£~A~$E: TOTA~ NEi C~A~GE: TOTAL PAYZENTS: ~00 TOTAL BALANCE: $606.32DB SU~CHARSE DUE: ~YI~.NTS DUE: $66.63 I 'Ii ' DOC NO: Yi269B--SUCERVi$IO~ BE~iN ~ATE: .8/..10~ SCHED TER~ DATE: ~2/!0/02 Fi~A~ PAYMENT DOE BATE: 08/iE/08 % PAiD ORiGinAL A~OUAT O~E~: $853.0~. ~ SUPERViSIO~ ~ET ~q~iGE: $0.00~ PAYMENT SCHEDULE: $31.63 !:.:.L,g~ AVERAGE PAYMENT sO.O0 TOTAL .OBLiGATIOn: ..... PAi~ TD DATE: $0.0(~ LAST PAYMENT DATE: 00/00/00 BAgANCE~ .'~ $25~,00~S SURCHARGE Y FiEA~ PAYMENT DUE BATE: 08/12~02 X PAiD OX NET C~A~E: sC.O0~? PAYMENT SChEdUlE: ~!0.00 TGTA~ OkiBAiiO~: ' '. ~.:r:.,'.'m~ AVErAgE ~'"'- \ F'A]~ TO DATE:X..` ....... ,, I : ~(;.00 :AST PAYmEnT DATE: ~A~ANCE SSO.O0~ SURCHARGE Y -' ' :' "': DUE .......... r~:~,s . AYe:N, [,ATE: ~c/:v;,;~ X PAiD 0~. O.,.~. A~OUNT OWED: ~ SUF'ERViS]D~ ~:~A.hi:~u: o~ .,~,'::: CHA~GE: ~r,......~',n:,~, PAY~Er~T SCHEDULE: !25.00 TOTAL .... GA,.O,,. ~30<,v:.,u2 ~Vc..AGc PAYmEnT SO.O0 PAiD TO DATE: S{~,00 .__A., F'AY~E~T DATE: 00/00/00 (~C), A~DARE TO BE i~ ~U.~A~;:.:, r~,~ O' PAY~E~T'2~UCH AS..,A,~5~EY O~DE~ OR t i C&ShiER'S C~CK. ViSA AND MAST~'.CA~[, ~Ai' BE AC~EPTE~ i~SD~ OFFICE LOCATIONS. : ~ ,...? ~. . REF.,b iRE j) ' PAY~E.~T: $69.30 __ / . · .jj. - ! ~DERSTAxD ~Y ~ECiAL CS;~DiTiOk(S) TO FULFILL This FiNA)~CiAL OBLiGATiO~iS) P~iOR TO eY SChEdulED SUPERViSiON TERF~NATiG)~ DATERS) AS ORDERE~ BY TsE S?~E~CiNG AUTHORiTY~ A~D AC~D~E~E FAi~URE TO PAY COO~D OCT 0 8 2002 Pg. ~ 01/04/08 STATE OF.FLORIDA BATCH NO. -- DEPARTMENT OF CORRECTIONS 806-010~02-2 COURT ORDERED PAYMENT REFERENCE NO RECEIPT OF PAYMENT SUNCl142006233 NAME OF CASE: WHEELER. ROBERT LYNN OFFICE: 206 - NAPLES NORTH OFFICER: 24054 - LUTTMAN.GLORIA -DOC NO.-AMT. PAID -RECEIPT NO.- PAYEE ID - PRIOR BALANCE - -Y136~8 - 606.33 - 8060005 - IOCOLLIO01 - 853.00 - .... 33DCDRG000 - 30.00 - .... 36STFLAO01 - 300,00. - .... SURCHARGE - 23.32 - )P200LSO AGENDA iTEM. AG~'_NDAJTEM. OCT 0 8 2002 Federal Credit Union OUR SERVICES TO BENEFIT YOU: - C.~W(~M~ · A~ CJ~ · 'V'~a Secum:L Oamc & C, old · DUk Pml:luc~ · SonTd · S(u(:k~[ Lmns OUR TELEPHONE NUMBERS All Departments (813) 621-7511 or Nationwide (Toll Free) 1-800-999-5887 SunTel (813) 621-7710 or 1-800-627-1977 Hearing Impaired TDD Line Extension 6852 ACCOUNT: 2984570-50 SHWI DATE:O1/03/02 SYSTEM TIME:12:16 PM CENTER: 42 CHECK AMOUNT: 606.33 CK# 142006233 SEQUENCE: 8883 DRAWER: 853 TELLER:LRH SHWI Check Withdrawal Voucher 01/03/02 12:16PM 8883 42 853 LRH BR:08 2984570-50 WHEELER/ROBERT L EFF DT:01/03/02 142006233 AMT: -606.33 FROM REGULAR CHECKING MEMB FEES: .00 B~L: 2,871.68 ACCESS ACCOUNT INFORMATION ON~INE - WWW. SUNCOASTFCU. ORG 01/03/02 SIX HUNDRED SIX AND 33/100 DOLLARS DEPARTMENT OF CORRECTIONS ^ , RE- -'R ER'r L .HEELER $606..~ IN (2a~h OUT $100 __ NO. ~I~C-.,,/ OCT 0 8 2002 EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING SUPPLEMENTAL ATTORNEY'S FEES RELATIVE TO EASEMENT ACQUISITIONS OF PARCELS 170 AND 770 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. FRED R. SUTHERLAND, INDIVIDUALLY AND D/B/A SUTHERLAND PAINT HORSES, ET AL., CASE NO. 01.-0756-CA (LIVINGSTON ROAD PROJECT NO. 60071) IN THE AMOUNT OF $273.00 OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Supplemental Attorney's Fees to be paid with respect to Parcels 170 and 770 in the lawsuit entitled Collier County v FRED R. SUTHERLAND, individually and d/b/a SUTHERLAND PAINT HORSES, et al., Case No. 01-0756-CA (Livingston Road Project). On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of road right-of-way, drainage, utility and maintenance easement and a temporary driveway restoration easement for the Livingston Road Extension (Golden Gate Parkway to Pine Ridge Road). On June 7, 2001, Collier County deposited with the Registry of the Court the sum of $13,800.00 for Parcels 170 and 770 in accordance with the Order of Taking. On March 26, 2002, the Board of County Commissioners approved a Stipulated Final Judgment. To conclude this matter, pursuant to Section 73.092(2), Florida Statutes, the County has agreed to pay reasonable attorney's fees in the amount of $273.00, to Roetzel & Andress Trust Account, c/o Kenneth A. Jones, Esq. with respect to Parcels 170 and 770, the terms of which are set out in the Agreed Order Awarding Supplemental Attorney's Fees (attached as Exhibit "1"). .(,~, ISCAL IMPACT: Funds in the amount of $273.00 are available in the Transportation Impact Fee District 2 Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Supplemental Attorney's Fees o SUBMITTED BY: approve the expenditure of the funds as stated Heidi F~-As~ton Assistant County Attorney Date: AGENDA iTEM ,--> - NC). OCT 0 8 2002 Pg. ! REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E. Principal Project Manager Transportation Engineering & Construction Management (' ~ ~~., / :'~.- _ Non ~ ' ' ' · Feder, Admmastmtor Tm ;portation Division Greg Strakaluse, Director Transportation/ECM Date: David C. Weigel County Attorney AGENDA ~TEM ---., NO ....... i~ ~ .~-'~ OCT 0 8 2002 Pg. ~ 9/24/02 Time: 2:35 PM To: · ?740225 ~&A Fo=% Myers Fax Page: 005-006 IN THE CIRCUIT COURT OF TI-IE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CO~ ] .I~.R COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. I=KED R. SLrrHERLAND, individually and 6fo/a SLTr~ PAINT HORSES, et al., Case No.: 01-0756-CA Parcel Nos.: 170, 770 Respondents. AGKEED ORDER AWARDING SUPPLEMENTAL ATTORNEY'S FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, cot J .mR COUNTY, FLORIDA, and Respondents, ELFRrI:;DA HOUGHTON SI. Yrl--IERLAN~, as Trustee of the Elfrieda Houghton Sutherland Revocable Trust as Restated u/dR 11/29/95 by and through the undersigned counsel, K.~NNETH A. JONES, ESQ., for entry of an Order Awarding Supplemental Attorney's Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJ/JDGED that Petitioner, COl ,i.IER COUNTY, FLORIDA, shall pay forthwith to Kenneth A. Jones, Esq., ROE'IT.I=.I: & ANDRESS, 2320 First Street, Suite 1000, Fort Myera, FL 33901, the sum of TWO HUNDRED SEVENTY THREE DOLLARS and No/100 ($273.00), for supplemental attorney's fees pursuant to §73.092(2), Florida Statutes, for fees incurred for attendance and preparation for the apportionment hearing; and ri' IS FURTHER ORDERED AND ADJUDGI:~D that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. 1 Pg- ~ I : '~/24/02 T.lme: 2:35 PM To= ~ 7740225 R&A Fort Hyers Fax Page: 006-006 day of DONE AN-D ORDain Chambers at Naples, Collier Coun~,Flofida, this ,2002. Circuit Court Judge conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth A. Jones. Esq. Collier County Tax Collector JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Dated: Agreed Order Awarding Attorney's Fees. /~ __ [ "~ --t.~"'~ Dated: A. JOrmS, ESQ. Florida ]~a~' No. 0200155 ROETZ]~ & ~~SS 2320 F~ S~t, Suite 1~ Foil Myer, ~o~ 33901 (941) 337-3850 - Telephone (941) 337-0970 - F~si~le A~O~Y FOR ~~~S HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiumi Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGEN~)A iTEM NO. /V Z.- , OCT 0 8 2002 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 175B IN THE LAWSUIT STYLED COLLIER COUNTY V. MICHAEL S. COMBS, ET AL., CASE NO. 02-2315-CA (IMMOKALEE ROAD PROJECT #60018). OBt[ECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 175B for the Imrnokalee Road, Phase One project in the lawsuit styled Collier County v. Michael S. Combs, et al., Case No. 02-2135-CA. CONSIDERATIONS: On August 27, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5400.00 for Parcel 175B in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $6200.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 175B. There are no attorney fees or other costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $800.00 with the Registry of the Cou;~. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ',,.FISCAL IMPACT: Funds in the amount of $800.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $800.00 into the Registry of the C( AGENDA IT~'M NO. ~ OCT 0 8 2002 Pg. ~ SUBMITTED BY: REVIEWED BY: I¥~di ~.Ashtc~n ' Assistant County Attorney Date: ~~/~: ~ Date: ,~L/yn~/rhorpe, Principal Project Manager Transportation Utilities & Engineering Dept. REVIEWED BY: REVIEWED BY: Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management Norm, Trans n E. Feder, Administrator ,ortation Division Date: APPROVED BY: David C. Weigel, County At~6mey Date: AGEN~A,,ITEIVlt NO. 0CT 0 8 2002 Pg._ _ IN THE ciRcuIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COl J.IFR COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2135-CA Parcel No.: 175B VS. MICHAEL S. COMBS, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Pet~oner~ rTn COLLIER COUNTY, FLORIDA, (hereafter "Petitioner") by and through its undersigned counsel, and Respondent, DARLA DREYER, (hereafter "Respondent"), for entry of a Stipulated Final Judgment as to Parcel No. 175B, and it appearing to the Court that the parties are authorized to make such motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, DARLA DREYER, have and recover from Petitioner the sum of SIX THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($6,200.00) for Parcel No. 175B as full payment for the property interests taken and for damages resulting, to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further AGENDA ITEM, , NO. ~ OCT O 8 2002 ORDERED that no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 175B; it is further ORDERED that Petitioner shall deposit an additional EIGHT HUNDRED AND 00/100 DOLLARS ($800.00), subject to approval of the Board of County Commissioners, into the registry of this Court within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of SIX THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($6,200.00) to Respondent, DARLA DREYER, 18 Veronica Avenue, New Windsor, New York 12553 less any amounts previously paid for the benefit of Respondent, DARLA DREYER; it is further ORDERED that title to Pm'cd No. 175B, a fee simple interest, being fully described in Exhibit "A" attached hereto and incmporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3047, Page 0538 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 175B; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this ~ day of ,2002. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire E. Glenn Tucker, Esquire Darla Dreyer Bookkeeping A(~'~NDA IT'~M NO. OCT 0 8 2002 Pg. JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully Stipulated Final Judgment as to Parcel No. 175B. request this Court to enter the foregoing Dated: Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 OFFICE OF THE COUNTY ATI~ORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 Telephone: 941/774-8400 Facsimile: 941/774-0225 Attorney for Petitioner AGEN. I~A_ITEM ~ NO. ~ OCT 0 8 2002 Pg. ~ 60' ROAD; EASEMENT N 89'3~'26" W 337.58'* nn,; d 0 z 0 b~ ' P.O.B. 5O 100 150 SEC/SUa GGE 22 SHEET 1 OF2 W.O. NO. DRAWN BY FILE NAME 0014.1 ' EAW O0-018-O00.DWO FB PI3 CHECKED BY DJH DWI3. NO. IR-L-175B-1 J ENGINEERS, SURVEYORS AND PLANNERS 3508 ID(CHANDE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE AS NOTED 02/°2 J FLA. UC..~'- - . ' '. NOT VAUD ~)T.~E ~NA~E AND ~E ORII31NAL RAI~B. ~'bF A FLORIDA MCENSED SUR~YDR ~D.MAD~ER SKETCH AND ~~ WILKISON ~ASSOCIATES ~ ~ INC, Description: A portion of Tract 92, Golden Gate Estates, Unlt 22, according to the plot thereof as recorded in Plot Book 7, Page 84, Collier County, Florida, being more portlcularly described os follows: Beginning at the Southeasterly Corner of said Tract 92; thence South 86'51'39" West, along the Southerly Boundary of sold Tract 92, for a distance of 338.20 feet, to the Southwesterly Corner of said Tract 92, thence North 00'19'10" East, along the Westerly Boundary of sald Tract 92, and the Centerline of the 60.00' wide Road Easement (2nd Street N.E.); for o distance of 13.10 feet to a point on a circular curve, concave Northerly, whose radius polnt be(~rs North 08'50'20" West, a distance of 4,117.18 feet therefrom; thence run Easterly, along the arc of sold curve to the left, hovlng a radius of 4,117.18 feet, through o central angle of 04'47'48", subtended by o chord of 344.57 feet at o bearing of North 78'45'47" East, for on arc length of .344.67 feet to the end of sold curve, and o point of intersection with the Easterly Boundary of sold Tract 92; thence South 00'19'10" West, along said Easterly Boundary0 for o distance of 61.73 feet, to the POINT OF BEGINNING; Containing 0.271 acres, more or less. Notes: 1. This )s not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depIctlng Sketch of Description and bearing the orlginol signature and embossed seal of o Florida registered Surveyor and Ivlopper, 5. Ail dimensions ore plot unless otherwise noted. 6. * Note should be taken that on the plot of Golden Gate Estates, Unit 22, o 30' deficiency occurs in the block contolning Tracts 110-125, and Tract "A", and o 30' overage occurs in the block containing 78-109, and this Is reflected in the calculations concerning this parcel. SCALE AS NOTED DATE: oyo NO. ~ OCT 0 8 2002 SKETCH AND DESCRIPTION LKISON &: TES NC:. Ia ENGINEERS, SURVEYORS AND PLANNERS :~5o6 D<CH~N~E ^VF_ N~,PU:S, (041) 543-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. ldO. DRAWN BY I GGE 22 0014.1 "RAW SHEET FB PG CHECKED BY JI DWG. NO. I 2 'OF 2 DJH I I FILE NAME 00--018-O00,DWG IR-L-175B-2 ,~ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 210 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. EFRAIN ARCE, ET AL., (Immokalee Phase 1 Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 210 for the Immokalee Phase 1 project in the lawsuit entitled Collier County v. Efrain Arce, et al., Case No. 02-2119-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple title for Parcel 210 for the widening of Immokalee Road (Project No. 60018). Collier County has deposited with the Registry of the Court the sum of Twenty Eight Thousand Three Hundred and No/100 Dollars ($28,300.00) for Parcel 210 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Efrain Arce, Marie Arce, Ronald L. Stetler and Joan T. Stetler, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 02-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1'). The Stipulated Final Judgment provides for Thirty Five Thousand and No/100 Dollars ($35,000.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel 210, plus Five Hundred and No/100 dollars ($500.00) for survey costs and One Thousand and No/100 dollars ($1,000.00) for attorney fees. There are no other costs to Respondent associated with this taking. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Eight Thousand Two Hundred and No/100 Dollars ($8,200.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ISCAL 1MPACT: Funds in the amount of $8,200 will come from the Transportation 2003 Adopted budget. Source of Funds will be Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. OCT 0 8 2002 RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $8,200.00 into the Registry of the Court. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney REVIEWED BY: ~ / ~y'n~n' Thorpe, Project Manager Transportation Utilities and Engineering Department REVIEWED BY: Gregg Strakaluse Transportation Engineering & Constru/c~tion Management REVIEWED BY: Noma~Feder Tran~ortation Administrator APPROVED BY: David C. Weigel County Attorney Date: Date: Date: Date: Date: ~ NO.~ I 0CT O 8 2002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. EFRAIN ARCE, et al., Petitioner, Respondents. CaseNo.: 02-2119-CA Parcel No: 210 / STIPULATED FINAL JUDGMENT AS TO PARCEL 210 NO. ~ OCT 0 8 2002 Pg._ 3 ali other damages in connection with said parcel; it is further THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, EFRAIN ARCE, MARIE ARCE, RONALD L. STETLER and JOAN T. STETLER, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 210. and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, EFRA1N ARCE, MARIE ARCE. RONALD L. STETLER and JOAN T. STETLER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, EFRAIN ARCE, MARIE ARCE, RONALD L. STETLER and JOAN T. STETLER, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of THIRTY FIVE THOUSAND and No/100 Dollars ($35,000.00) for Parcel No. 210 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for ORDERED that Respondents. EFRAIN ARCE, MARIE ARCE, RONALD L. STETLER and JOAN T. STETLER, receive fi'om Petitioner as a reasonable attorney fee the sum of ONE THOUSAND and No/100 Dollars ($1,000.00), and also receive the sum of FIVE HUNDRED and No/100 dollars ($500.00) for reasonable survey costs. Except for these costs, no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 210; it is further ORDERED that Petitioner shall deposit an additional EIGHT THOUSAND TWO HUNDRED and No/100 Dollars ($8,200.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of THIRTY SIX THOUSAND THREE HUNDRED THIRTY FOUR and 17/100 Dollars ($36,334.17) to Respondents, EFRAlN ARCE. MARlE ARCE, RONALD L. STETLER and JOAN T. STETLER. c/o Ronald L. Stetler, Esq., Garlick, Stetler & Peeples, LLP, 5551 Ridgewood Drive, Suite 101, Naples, Florida Respondents: it is further 34108, less any amounts previously paid for the benefit of ORDERED that disbursement to Respondents, EFRAIN ARCE, MARIE ARCE, RONALD L. STETLER and JOAN T. STETLER, is subject to claims of mortgagees, if any: it is further ORDERED that the Clerk of this Court shall disburse the total amount of ONE HUNDRED SIXTY FIVE and 83/100 Dollars ($165.83) to Respondent, COLLIER COUNTY TAX COLLECTOR; it is further ORDERED that fee simple title to Parcel No. 210, being fully described in Exhibit "A" attached hereto and incoq~orated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002, and the deposit of money heretofore made, are approved, ratified, AGEND,~ ITEM ~.~ and confirmed; it is further NO. /61- 0£1 O 8 00Z P~. ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3046, Page 283 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 210; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of .2002. conformed copies to: Ronald L. Stetler, Esquire. Ellen T. Chadwell, Assistant County Attorney E. Glenn Tucker, Esquire Hugh D. Hayes Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 210. Dated: September I ~ , 2002 .~O~.~I~. ~;T~T-LER, ESQUIRE Florida Bar No. 286168 Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive Suite 101 Naples, Florida 34108 (239) 597-7088 - Phone (239) 597-6984 - Facsimile Attomey for Respondents / Dated: September 7. 2002 ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail. 8th Floor Naples. Florida 34112 (941) 774-8400 - Phone (94 I) 774-0225 - Facsimile Attorney for Petitioner AGENDA ITEM NO. ~ OCT 0 8 2002 EFRAIN ARC£ ~ MARIE ARCE ,,~/ RONALD L S'T'ETI.ER ~ JOAN T. STETLER r~<,~ O.R. 1187, PC;. 1577 N 0 50 100 2C)~ IWILKI$ON & TIES (G41) 64z.-24o4 r~x Ho. (~1) OCT 0 8 2002 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2559, DWIGHT NADEAU OF RWA, INC., REPRESENTING RICHARD DAVENPORT, REQUESTING AN AMENDMENT TO THE "HIBISCUS VILLAGE" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF REVISING TABLE I, RESIDENTIAL DEVELOPMENT STANDARDS TO ADD LOT AREA AND WIDTH STANDARDS FOR THE MULTI-FAMILY LAND USE IN ORDER TO FACILITATE THE OPPORTUNITY TO SUBDIVIDE THE MULTI-FAMILY TRACT ASSOCIATED WITH THE ATTACHED TOWNHOUSE RESIDENCES FOR FEE SIMPLE CONVEYANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951) AND APPROXIMATELY ONE AND A QUARTER MILES SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Hibiscus Village Planned Unit Development (PUD) to add development standards allowing the subdivision of the multi-family tract associated with the townhouse dwelling units as a result of "evolving market conditions" and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The currently approved 57.82-acre Hibiscus Village PUD was originally rezoned to PUD on November 28, 2000 and allows a mix of single family and multi-family dwelling types. This PUD currently permits 231 residential dwelling units at a density of 4-units per acre. The petitioner is now requesting an amendment to Table I, Residential Development Standards to add lot area and lot width criteria for the multi-family land uses as noted in the staff report and on the attached Ordinance. The purpose of the new standards is to facilitate the opportunity to subdivide the multi-family tract associated with the proposed attached townhouse residences for fee simple conveyance. Staff is also requesting an amendment to Section 5.4.A. of the PUD Document so as to be consistent with the new 3-year time limit for PUD zoning districts as provided for in Section 2.7.3.4 of the LDC. FISCAL IMPACT: Since this petition is initiated as an amendment to the development standards provided in Ordinance Number 2000-76, it will not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. AGENDA I'~T~ OCT 0 8 2002 The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Mixed Use District, Urban Residential Sub-District, as depicted on the Future Land Use Map. The Density Rating System provides a base density of 4 units per acre in this Sub-district. It should be noted that this petition is not eligible for a density bonus. As a result, the previously approved gross density of 4 units per acre (231 units) is consistent with the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the subject site is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 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 ISSUES: Since this PUD amendment only changes the development standards and is not impacting the approved preserve areas as shown on the Master Plan, the petitioner is not required to submit an updated Environmental Impact Statement (EIS). As a result, the Environmental Review staff has recommended approval as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC} RECOMMENDATION: Since the Environmental ImpaCt Statement (EIS) that was prepared at the time the property was first rezoned to PUD is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on September 5, 2002. By an 8 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-2559 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found this petition to be consistent with the GMP and is com surrounding development. It should be noted that no one spoke in opposition to the pc public hearing. As a result, this petition has been placed on the Summary Agenda. )atible with the i::..z~ ~,,-ino the PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2559 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. PREPARED BY: P~AY B~L~WS, (Y~-"~EF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: .~USAN MURRAY, AICP, MANAGER CURRENT PLANNING SECTION ~ MARGARET W[flE/RSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: /,~ ~ . fiO3EPH K. SCt(-IMITT ADIV~ISTRATOR (dC, OMMLMITY DEV. AND ENVIRONMENTAL SVCS. PUDA-02-AR-2559/EX SUMMARY/RVB/rb 3 OCT 0 8 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 16, 2002 PETITION NO: PUDA-02-AR-2559, HIBISCUS VILLAGE PUD AGENT/APPLICANT: Agent: Dwight Nadeau Owner: RWA, Inc. 3050 N. Horseshoe Drive Naples, Florida 34104 Richard Davenport Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, Florida 34120 GEOGRAPHIC LOCATION: The subject PUD is located on the west side of Collier Boulevard (C.R. 951) and approximately one and a quarter miles south of Immokalee Road (C.R. 846) in Section 34, Township 48 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: To amend the Hibiscus Village PUD (Ordinance Number 2000-76). PURPOSE/DESCRIPTION OF PROJECT: The currently approved 57.82-acre Hibiscus Village PUD was originally rezoned to PUD on November 28, 2000 and allows a mix of single family and multi-family dwelling types. This PUD currently permits 231 residential dwelling units at a density of 4-units per acre. The petitioner is now requesting an amendment to Table I, Residential Development Standards to add development standards for multi-family land uses as noted on the attached Ordinance. The purpose of the new standards is to facilitate the opportunity to subdivide the multi-family tract associated with the proposed attached townhouse residences for fee simple conveyance. Staff is also requesting an amendment to Section 5.4.A. of the PUD Document so as to be consistent with the new 3-Year time limit for PUD zoning districts as provided for in Section 2.7.3.4 of the LDC. There are no changes proposed to the approved PUD Master Plan (see attached copy). ., I The revised Table I is attached below. OCT 0 8 2002 I pg.. ~ Currently approved master plan Ordinance 2000-76 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story SINGLE-FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Comer Lots 20' 0' & 12' or both 6' 0'& 15' or both 7.5' NA TWO-FAMILY 4,500 Sq. Ft. 80' Interior Lots (l) (40')(2) 100' Comer Lots (50')(2) 20' 0'& 12' or both 6' 0' & 15' or both 7.5' NA MULTI-FAMILY NA 2500 Sq. Ft. NA 25' Interior Lots NA 35' Comer Lots 15' Greater of 7.5' or 'A BH (3) Greater of 10' or ½ BH (3) Greater of 12.5' or ½ BH Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Bounda~ Setback Principal Structure NA Accessory Structure NA Lake Setback (4-) (5) 20' Wetland Preserve Area Setback 25' Distance Between Structures Main/Principal I -Story 2-Story 3-Story Accessory Structures Maximum Height Principal Building Accessory Building Minimum Floor Area 20' 10' NA NA 20' 25' I0' 10' 15' 15' 15' 20' NA NA 20' 10' 10' 10' 35' with a maximum of 2 stories 20'/Clubhouse 35' 1200 Sq. Ft. 2 0'(-~) (4) 10' Greater of 20' or BH 10' 20' 25' 35' with a maximum 45' with a maximum of 2 stories of 3 stories 20'/Clubhouse 35' 20VClubhouse 35' 1100 Sq. Ft. 1 Bedroom = 600 Sq. Ft. 2 Bedroom= 750 Sq. Ft. 3 Bedroom = 900 Sq. Ft. (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. (3) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall(s) of the principal structure. t~va~ All 3-story buildings shall also be set back a minimum of 150' from the Collier Boulevard right-of-way. (-4-) (5) Lake setbacks are measured from the control elevation established for the lake. Note: "BH" refers to building height and "SBH" refers to the sum of the building he] ~htS.l~_l~AC'f~A I~ OCT 0 8 2002 SURROUNDING LAND USE AND ZONING: Existing Conditions: As depicted on the aerial photograph and zoning map below, the subject site is undeveloped and is zoned the Hibiscus Village PUD. Surrounding- North: East: South: West: Existing Landscape Nursery and vacant land that are zoned "A" Rural Agricultural. In addition, the Brittany Bay PUD, which is an Affordable Housing project, is located north of these lands. Collier Boulevard and vacant land that is zoned "A" Agricultural. To the southeast is the Vanderbilt Country Club and the Bucks Run PUD Affordable housing Project. Vacant land zoned "A" Rural Agricultural. Vacant land zoned "A" Rural Agricultural. "A°' Agrle~ltu~l Y. C'I4 ~' X Hibiscus Village PUD Aerial Photograph Zoning Map GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element - The subject property is located in the Urban Mixed Use District, Urban Residential Sub-District, as depicted on the Future Land Use Map. The Density Rating System provides a base density of 4 units per acre in this Sub-district. It should be noted that the site is not eligible for a density bonus. As a result, the previously approved gross density of 4 units per acre (231 units) is consistent with the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP. OCT 0 8 2002 3 Pg. (~ Transportation Element -The Transportation Department has reviewed the applicant's request and has the following comments. Since the approved project will not increase the number of approved dwelling units within this PUD, the proposed amendment will not generate trips that significantly impact any County road. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 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. EVALUATION FOR ENVIRONMENTAL~ INFRASTRUCTURE: TRANSPORTATION & This petition was referred to all appropriate County agencies for their review. Since this PUD amendment only changes the development standards and is not impacting the approved preserve areas as shown on the Master Plan, the petitioner is not required to submit an Environmental Impact Statement (EIS). As a result, this petition was not required to go to the Environmental Advisory Council (EAC). The Environmental Review staff has recommended approval as submitted. In addition, the Transportation Department has also recommended approval because no level of service (LOS) standard will be adversely affected by this amendment. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and was used as a basis for a recommendation of approval by the Planning Commission to the BCC at the time the property was rezoned to PUD. This amendment will not significantly alter these findings. Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for a mix of resid~ ,t~ol land uses including multi-family residential as currently authorized within the PUD 4 OCT 0 2002 currently approved density of 4 units per acre is also consistent with the Density Rating System. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility with the adjacent properties to the north, south, east, and west. The petitioner's stated intent is to primarily construct townhouse residential dwelling units with the opportunity to subdivide lands associated with the units for fee simple conveyance. Furthermore, the proposed residential community is within a master planned community that includes recreational amenities and landscape buffers. In addition, the proposed amendment will not change the approved Master Plan that provides 39 acres of open space and preserve areas. Lands to the east across Collier Boulevard are primarily vacant and zoned Agricultural. To the north is a Landscape Nursery and vacant Agricultural lands. To the south is vacant Agricultural land. In regards to landscaping from the adjacent land uses, the petitioner is not requesting any changes to the approved buffer that is consistent with the minimum standards of the Land Development Code. Lastly, staff is of the opinion that the proposed PUD amendment will not change any of the land use consistency relationships that were approved when the project was rezoned to PUD in 2000 (Ordinance Number 2000-76) since the multi-family townhouse residential density and use remains the same. In addition, the proposed PUD amendment is compatible with the adjacent properties subject to staff stipulations as noted above. Utilitv Infrastructure - The site is accessible to a public sanitary sewer and potable water supply and shall be conveyed to Collier County pursuant to County Ordinance No. 97-17. This amendment will not change or adversely impact the previous approval. Public Information Meeting: The petitioner held a Public Information Meeting on May 8, 2002 at the Faith Community Church, located at 6455 22nd Avenue. During this meeting the petitioner explained the proposed PUD changes and what impacts it would have on the future development of the Hibiscus Village PUD. No one present at this meeting objected to the proposed amendment. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners (BCC) a recommendation of approval of Petition PUDA-2002-AR-2559 as provided for in the attached Ordinance or adoption. OCT 0 8 2002 RAy t~LLOW$, CHIEF PLANNER CURRENT PLANNING SECTION .Zo.o DATE REVIEWED BY: .~H~SAN MURRAY, AICP, MANAGER J MAPkGAP~T WOERS'~_,E, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: J ~ITT ADMINISTRATOR J~ITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 5, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-2559 2002 AGENDA I ,T,T,T~ OCT 0 B 2002 PUDA-2002-AR-2559 PROJECT #19990004 DATE: 5/31/02 RAY BELLOWS PETITION NAME: Hibiscus Village Minor PUD Amendment DATE: March 27, 2002 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES Name of Applicant (s): Applicant's Mailing Address: City: Naples State: Applicant's Telephone Number:Res: Is the applicant the owner of the subject property? Waterways Joint Venture IV 914 Grand Rapids Boulevard Florida Zip: 34120-4430 Bus.: (951) 352-6610 [] Yes [] No [] (a) [] (b) [] (c) [] (d) [] (e) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stoc 'kholders below. If applicant is a partnership, l~au/ted partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other o~xauers, if any. If applicant ifa lessee, attach copy of lease, and indicate actual o~x~aers if not indicated on the lease. [] If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Please see the attached documents. (If space is inadequate, attach on separate page.) Name of Agent: Agents Mailing Address: City: Naples Telephone Number: Res.: Dwight Nadeau Firm: RWA, Inc. 3050 North Horseshoe Drive, Suite 270 State: Florida zip: 34104 Bus.: (941) 649-1509 M:k2002 Projects~02-O050.00 Hibiscus Village Minor PUD Amcndrmmt~X)02 pUD Zoning Amendment~PUD-DO Amendment App 0CT 0 8 2002 , PUD ORDINANCE NAME AND NUMBER: Hibiscus Village, Ordinance Number 2000-76 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (l" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION: 34 ,TOWNSHIP: 48 South RANGE: .... 26 East The subject property being 57.82+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully descffoed as: The South half of the Northeast quarter of the Northeast quarter of Section 34, Township 48 South, Ranee 26 East, Collier County, Florida, subject to existinq restrictions and reservations of record and excepting the East 100 feet thereof, previously conveyed for a highway right-of-way. The North half of the South half of the Northeast quarter of Section 34, Township 48 South, Ranee 26 East. Collier County, Florida, excepting therefrom the East 100 feet thereof, previously conveyed fo, hi ehway right-o f-way. - 5. Address or location of subject property: 14625 Collier Boulevard e Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. 7. TYPE OF AMENrDMENT: [] B. [] C. PUD Document Language Amendment PUD Master Plan Amendment Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON TI-lIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WltOSE NAiVIE? No. 10. PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? [] Yes [] No Il* YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). MA2002 Projects~02-00$0.00 Hibiscus Village Minor PUD Amendmenfi0002 pUD Zoning Amendment\PUD-DO Amendment Appli OCT 0 8 2002 AFFIDAVIT I, Richard Davenport , being first duly sworn, depose and say that Watenvays Joint Venture IV is the owner of the property described herein and which is the subject matter of the proposed heating; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a heating can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIG~ SIGNATURE OF OWNER Richard lYavenport Dwight Nadeau State of Florida County of Collier County The foregoing Application was aclmowledged before me this Day of 200 ~.,by Who is p_ersonally known to me or who has produced As identification and who di~) take an oath. (Signature of Notary Public) Notary Public PUDA-2002-AR-2559 PROJECT 1119990004 DATE: 5/31/02 RAY BELLOWS PUD/DO Application 3/2002 M:~002 Projeets~02-0050.00 Hibiscus Village Minor PUD AmendmentS0002 PUD Zoning Amendment~PD'D-DO Amendment A 2002 Waterways Joint Venture IV 11860 West State Road 84 - Suite B15 Davie, Florida 33325 Telephone (954) 382-0020 Facsimile (954) 382-0055 March 21, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naples, Florida 34104 To Whom It May Concern: Please be advised that authorization is hereby given to the finn of RWA, Inc., to act as agent in all achons relating to the permitting of a residential development on the following described lands: The subject property being 57.82+ acres, is located in Section 34, To~xmship 48 South, Range 26 East, and is fully described as: The South Half of the Northeast Quarter of the Northeast Quarter of Section 34, Tox~nship 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record and excepting the East 100 feet thereof, previously conveyed for a highway right-of-way. The North Half of the South Half of the Northeast Quarter of Section 34, Toxxmship 48 South, Range 26 East, Collier Count5,, Florida, excepting therefrom the East 100 feet thereof, previously conveyed for highway right-of-way. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~,~ Richard Davenport, who is personally known to me, and who did not take an oath. NOT,~b,Y PUBLIC NOTARY PUBLIC Commission Number: (~,,g.., ~q/~'~ ~ Wimess my hand and seal this~l.l~c' dayof ,q~ ,2002. Waterways Joint Venture IV By: Watem,ays Development, Inc., as General Partner By: ~ R~venport, as Presidem ,2002, by PUDA-2002-AR-255! PROJECT #1999000 DATE: 5/31/02 RAY BELLOWS OCT 0 8 2002 'I-MIS ~ STKUM. ENT Edwa:d H. Gilb¢.~., Esq. Edv,-~:d H. Gilb..-'~ P.A. 5 lO0 Tcwn Cmtc~ Circle, Boo, ~acon, Florid% I.D. No.: CON~ !?00000.00 DOC-,TC, II~O0.CC' WARR.~NTY DEED Spac: above this line/or recordcr's a Florida corporatio- (the "Grantor ), whose ~ddregs is 971 Bri~cliffRo~d, Tallahaasee, Flerida ~2308- 6908; a.nd WATERWAYS JOENT WENTURE Ix,', a Florida partnership (the ~Grantee~), whose address is 914 Gr~'~d Rapids Boulevard, Naples, Florkb., 34120. WITNESSETH: That said Granlor, f~r and in consideration of the sum often v_nd No/l O0 Dollars ($ ] O.00), and afl, er good ~nd valuable ccrmidera:ien to said Or~tor in hand paid by said Gr~tee, ~e ~ei~ whereof is hereby as~ow!edged, h~ grated, b~gainsd ~d sold to ~e said Grand,e, and Oranlee's heirs ~d assi~s forever, ~e following described l&qd (the '%~nd"), si~at:, l>bn$ and ~ein$ in Collier CounV/, Flerid~ to wit: SEE ATTACI-IED EX'MUBIT A SUBYECT TO: Cond kions, res:fictions, reservations and ea~emen:s ofreccrd, if any, bu!',his provision shal: not operate to reimpose the same; Zoning ordina.qce$ and rcs=ictions, reserva~ons, prob, ibhian s and any requirements L-n posed by govemrner, tal authoriD'; ~nd 3. Taxes and assessments for the ye~ 200] and subsequent yea-s; and said Grmntor does hereby f-ul!v wax, ant the title lo said land, mhd will defend the s~.me agains~ '..he lav,'5al claims of Ml persons whom.[oeve:-. ($ignature~ amd Notary A ckn, owledgem.-nt appear next page) ~..%MYIiX) C.SX3 ¢ 77',0 C 2-,OOi'3.V azrmn~y I~od-Tnor.wi'~ 010901 12:3~ PUDA-2002-AR-2559 PROJECT #19990004 DATE: 5/31/02 RAY BELLOWS OCT 0 8 2002 o,~,: 2~24 PG: 0336 IN W'/TN~S S '~'%"EREOF, Or&nlor has h~'-reunto set Orantor's h~d and seal ~¢ day and year first W]TNE$SES: \/~ C _~-~, ,__..,. THOR R. EAL'[21,:420~., a Florida corporation residem STATE OF FLORIDA ) COUNTY OF (_ ~ ~ ) SS.: ) . ..... ~'[~he foregoing insL-umew was a'-'.-mcw~e4~,-~ ~-~ ....... · ~'.:u~...,t~ CON'IGI..IO, as P, es:c:m o' TH?,R 'R FArq'~ r~n _ ,.., . .__..~____ day o., O~,ooer, ~00 l, by an oa,m ............. ,-.;x.r .., ~, r~orma corporaI~on who did not NOTARY PUBLIC, State of F'lo~da OCT 0 8 2002 OR: 2924 PG: 0337 Exhibit A L.egaJ Description - Thor Parcel The North ¼ of tb, e South ~'i of the Northeast I/4 of Section 34, Township ~g South, Rzmge 26 Easl, Collier Coun?y, Florida, Less and Ex¢¢p~ the Ea$t 100 f¢:t ther¢ofpr=viott~ly conveyed ~br highway right-of-way. OCT 0 8 2002 THIS ~'STRU.'MENT PREPARED ~nd Re."umed to Edw,,-d H. Oilb-.rt E~q. Edw=d bi. Gilb¢:'tl P.A. $I00 Town. Cezter Cimle, Suite 3.'-0 Boca ReiGn. Florida 534.~6 ?re.t, erry Appraiser's I.D. No.: 2885340 OR: 2924 ?G: 0338 RltC0~I~D in OL I,I,I. ~e.0iI~S cf C01,I,.r~ e0t~?L ~OCA IU, TO[ !~ WA.~RANTY DEED Space above this lin= for recor~..r'~ use TH2S INDENTURE, is mede this ~/.,cff'dav of Ck-tober, 2001, between LI~-DA L GUILKEy, successor trustee of the Benlon Bogges~ D---~cla~'ation of Trust datm:t 11~3/9g, and LIq~"DA L, ,,G.L-ILKEy, successor trustee of the Ruzh Lopez Bogge~s Declaration 'Grantor"), whose address Js ¢/ oner '~'-:-'-, ,,- . ~ ': _ . of Trus~ dated 11/23/9g Florid~ 34103-3013; and ~ & '~' ...... , -,ou~ tam~am~ Trail, Suite 400, WATERWAYS .TOL~,T V£NTL~RE tV, a Florida partnership (the "G ' whose ,xddress is 914 Grand R-ap/ds Boulevard, Nap.es, Florida, 3a]20. ra:~tee' ), WITNESSETH: ,u-meconsmerotiontos=;~c-. ...... ._,_ T .' _ ' ..... ~uuuouars(:~1000i and,-the- ~o,?'le~g~d, has ~-ant:d, b~in=d mud sold to the sai~ , d ......... he ,cce~pt whereof :s h~cbv ~ Grantee, ~nd Grantee's hei~ and assigns for-cv:~ m, ~o,lowmg described hnd (:~e ':Lan~"). s/ma:e, b'ing ~md being m CoUier Coun~, Florida. m wh: SEE A~AC~D ~ BIT~ SD~.~CT TO: I. Condkions, reset/ct/ohs, resewa,dons and not operate to faire?ese '..he s~'ne; easements ofrezvrd, if any, buI thisprovis on shah onmg ordinances and re-fictions, ~se.watlons, prohibitions and any requirements ~Y gov~en~l authori~; and . 3. T~.es ~d assessments for the y:~, 200! m~d subseq~t years: and said ~tvr do-s hereby fulls, wasa : c~ ' - ; .. . n; K~, title re said t~nd, az~d will defend ~c same agains: the ,~lms of all ~r~oas wnom,oever. (Signatures and Notary.4c£.nowled£ement afipear next page) C':LVD'I>>C$'3 4 ""?/,00~ W~.n .nt v l~td-Boe u~.$ OCT 0 8 2O02 rN WI3X',,"E$$ ~,5.1EREC)F, Ortner kaz {:m'*unt~ ~ Gr~or'~ lu..ud and se. al th,: day ~d year fl:st ~ov~ AGENOA Il'EM OCT 0 8 2002 ~' OR: 2924 P' - . G. 0340 E×hibk A Legal Description - Boggess Parcel The South !4 of the Northeast 1/4 or,he Northeast 1/4 of S~ction 34, Tov~'ashiv ~8 South. Range 26 Emt, Collier Comity, Florida, Less and Exert th~-. East 100 feet tbereofpr¢~,ioos]y conv~:,=d for highway fight-of-way. OCT 0 8 2002 STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure TABLE I RESIDENTIAL DEVELOPMENT STANq2)ARDS SINGLE-FAMILY TWO-FAMILY 7,000 Sq. Ft. 4,500 Sq. Ft. 60' Interior Lots (1) 80' Interior Lots (1) (40')(2) 70' Comer Lots I00' Comer Lots (503(2) 20' 20' 0' & 12' or both 6' 0'& 12' or both 6' 0' & 15' or both 7.5' 0' & 15' or both 7.5' NA NA 20' 20' 10' 10' PUD Boundary Setback Principal Structure NA Accessory Structure NA Lake Setback (4) (5) 20' Wetland Preserve Area Setback 25' Distance Bem'een SuTactares Main:?rincipal 1-Story 10' 2-Story 15' 3-Story NA Accessory Structures 10' Maximum Height Principal Building Accessory Building Minimum Floor Area NA NA 20' 25' 35' x~4th a maximum of 2 stories 20'/Clubhouse 35' 1200 Sq. Ft. I0' 15' NA 10' 35' ,Mth a maximum of 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. MULTI-FAMILY N~ 2500 Sq. Ft. ~ 25' Interior Lots NA 35' Comer Lots 15' Greater of 7.5' or ½ BH (3) Greater of 10' or ½ BH (3) Greater of 12.5' or ½ BH (3) 20'(-3-) 4f~_) 10' Greater of 20' or BH I0' 20' 25' 15' 20' 20' 10' 45' xx4th a maximum of 3 stories 20'/Clubhouse 35' 1 Bedroom = 600 Sq. Ft. 2 Bedroom = 750 Sq. Ft. 3 Bedroom = 900 Sq. Ft. (1) (2) May be reduced on cul-de-sac lots. Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-fam/ly structure is on an individually platted lot. Where fee simple lots are created for each dwellin~ unit, no side yard shall be required bem,een interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall(s) of the principal structure. All 3-story buildings shall also be set back a minimum of 150' fi'om the Collier Boulevard right-of-way. Lake setbacks are measured from the control elevat/on established for the lake. Note: "BH" refers to building height and "SBH" refers to the sum of the building heights. Text underlined is to be added; text ~*~'~' **' ..... ~' is to be deleted. 10 i 25 ,,I R 26 E J R 27 PUDA-2002-AR-2559 PROJECT #19990004 DATE: 5/31/02 RAY BELLOWS NAPLES-IMMOKALEE ROAD (C.R. 846) BRENI~VOOD .o OUTDOOR / F o , ,"d, RICHLAND RESORTS / o ~ OF NAPLES GOLDEN GATE ESTATES 2 8 :~ 7 '1 UNIT 97 HERITAGE CRYSTAL 26 / RIGAS GREENS LAKE J iNDIGO LAKES F t BRITTANY BAY APARTMENTS NICAEA ACADEMY 32 :~ VANDERBILT WOLF CREEK COUNTRY CLUB GOLDEN GATE ESTATES ~ 3 2~ 4 UNIT 96 J ,,~ 5 MISSION HILLS ~ BUCKS RUN VANDERB,~~ ~F---- ROAD EX' LMISSfON CHURCH J PRC&M ch r'Y VINEYARDS 0 z 5 <: GOLDE'~, GATE GOLDEN GATE ESTATES ~ GOLDEN GATE ESTATES CD ES':ATES UNIT 2 ~ UNIT 3 ~ UN T 95 0 L) GOLDEN GATE BOULEVARD IE R 25 E i R 26 '= I R 27 E ~O~,,ISUI' :~G : (~) FAX: (~) DATE MAY 2002 N.T.S. CHECKED BY: D.H.N. $~C: TwP: RGE: 34 48S 26E CLIENT: WATERWAYS dOINT TITLE: HIBISCUS. VILLA( AMENDMENT VlClh PROJECT 02--0050 I SHEE~ 1 1 NUMBER: NUMBER: OF E ~iSJ--,~-~' FhOC'P¢ ~,{~ 2002 ~,LE 9nO50XO' L JOINT VENTURE AGREElV[,ENT THIS JOEqT VE.NTUR.E AGKEEMENT (",s~eemrnf') is made ti,is 1st day of October, 2001 (the "Com~cemeot Da~e"). by ~d be~e~ B~RO VENTU~S, INC., a F~o~i& co. ration DESN I, ~c., a F~orida ore. oration ("DESk') and WA~KWAYS AT H~ISCUS, L~., a Floods pa~aNhip C'Wat~ays al Hibiscus"), Bfibro, DESN and Wate~ays at H~biscus mc kerei~ s~times refe~ed to collectively as "Vev.~ers" ~d indi~d~ally as ~.e Ven~ers desi~ to fo~ a joint v~mre (thc "Jcir, t V~e") to acquire ce~ain real pr~e~ (the "~oper~'") from Mark L. Lin~er, Tras~ee (rhe "Assi~or") pursuant to a eemin A~eem=nt a~ached her~o ~ Exhibit I (the "Purchase C~n~act"). Thc ~rchase Con.ac: assi~s to the Joint Vent'are ~he of Assi~or to purchase the ~ope~y from B~ton Boggess ("Eogg~ss") and Thor Real~. Lnc. ("Thor"). Boggess and ~or arc ~e c~ent o'~ers of the Prope~' which consists of~o (2) ~paralc ~arcels, as each such p~l ts lcb~lly described in ~he Purchasc Contract. The Venturers intend ~o devel~ the ~cp~ into not tess th~ 230 nor more ~m 3 ~0 real.sial. uni~ (~e "Units"), along with ceftin co--on facilities incidental thereto (collectively the "~rovcme~")' and to sell such Units for profit. The Ventures desire to set fo~h :herr rcspec:ive rightt, obliga:i=ns and interests ~th respect to the ~oinl Venue in this A~emer. t. AGKEEMKNT: NOW, THEREFORE, the Venturers mu:ually a~e.e as foltowa. i. Recizations.. Th= above reritals are ~'a-ue ~.d correct and arc incorporated into ;his Agreement. , :. 2. Formatiqm and Name. The Venturers hereby form :he Join! Venture :o be ~,own as WATERWAYS JOINT VENTURE IV. Except as expressly provide~ in this Agree~v.~nt to the contrary, rights and obti$~tions of +.Zc Venturers ar, d the adminisrrat-ion and ~ermination of the Joi~-,l Venture shall bc governed by the Florida U=iforrn Partnership Act. The JoJ~t Venire shall have all the powers of a general partnership under the l~ws of' the State of Flo~da a~d tl',e United States of America. 3. princi~.l Of£~c¢. The principal office orxt~e Joint Venture shall bc located at 914 Grand Rapids Beu',.evard, Naples, Florids 33120, or at such other place wizhin thc state of Florida ~ the Venturzxs ma>' determine. 4. Term.. The term of~e Joint Venture shall commence on the date of this Agreement and shall continue until December 3 I, 2030, unless sooner terminaled as sm forth herein. 5. purpose. The pm'pose of the Joint Ventm'e is to acquire and owu the Property, to oonsu-uct Lmprovements on the ?roperry utilizing su;h financing as ~e VenVarers determine appropriate pursuant hereto, and to s~ll the Improvements for profit (¢olleztively, tho "Project"). Subject to the terms hereof, the Joint Venture shall be muthoriz'-.d to ,andertake all necessary and appropriete action to acco~rrplisb, tt'.e Project. PUDA-2002-AR-255~I PROJECT #19990001 DATE: 5/31/02 RAY BELLOWS AGE. NDA IT~ OCT 0 2002 P~.~ 6. Limi!.ation of Retatio~lhip air Joint Venturers. This Agreement shall not be construed to make thc Venm~rs agent, pa~crs or joia ven~mrs in ao~e~fion with any o~cr ~ or thing, nor any other land or ~nd~tzklng, Ex.p: as ~ecificalty s~t foah herein, nothing in this ~eemcnt shall li~t in any way the right of any Pa~ to c~duct ~y o~er business or actix~ty whatsoever, including the right to ow~, invest in, develop, sell, m~age or opiate p~ope~, or to othe~ise ~ansact business actixfities which ar~ competitive with ~e business of the Joint V~mre. 7. !denti~v of P..rincipals 9f each Ventm'¢r. Each of the Venturers shall designate principals CPrineipals") for vaxSous purposes under this Agreement. Ac;ordingl¥, Brian Seligman ("Seligman") sh~ll be deemed as the principal of Bribrc (the 'Bribro Principal"), Robert B. Miller ("Miller") shall be deemed as thc princip&l of DESN (.the "D£SN Principal"); and Amnon Golan COolan") and Richard Davenport ("Davenport") Mall each be deemed as a principal of Waterways at Hibiscus (coll,ctively, the "Watenvays at Hibiscus Principals"). Hereinafter, the Bribro Prmcipal, the DESN Principal, Golan, as one Waterways at Hibiscus Pfincipa! and Davenport as the other Waterways at Hibiscus Principal shall collectively be referred to as the "Principals". 8. Join.'. Venru.re ~nter~.st. Except as otherwis: specified in this Agreement, thc classification of each Venn:rer and the interest of each Venturer in the Joint Venture and in the profits, losses and cap:'~al thereof(~e "Imerest or Venture Lnterest") ~re as follows: Vet. rorer Int..crest Cfa.ss Bribro 25% General DESN 25% General Wate.-~'ay~ at t-I:biscus 50% General Cal~a~ Conmbutions. (a) Init!al Ca¢ita_!.C~ibutior. s. Bhbro: DESN and Waem,~ys at Hibiscus shall each the following initial capit~l ccnthbutions (the "initial Capital Contributions") to the Joint Ventu:e: (1) Lnitial Cameo] Cpntri'tmtion of Bribro. Bribro shall make an initial capital con~ibution m tee Joint Venture in the amount of ~~(the "Br/bro Initial Contribution'). Such Initial Capital Contribution it,all be paid to the Joint Venture on or before October 25, 2001. (2) Initial Capital Contriberion of DE.$N. DESN shall make an initial capital eonrribuzion to the leint Venture in the amount of ~qllll~the "DESN Lnitial Contribution"). Such Initial Capital Contribution ~hall be paid to the Joint Venture on or before October 25,200 i. (3) Initial Capital .Contributiqn of Waterways at 14ibiscus. Waterways at Hibiscus ah211 make tm initial capital contribution to thc Joint Venture in the amount of: (the "Waterways at Hibiscus Initial Conu'ibu~ion"). Th~ WatcTways i~t Hibiscus Initial >ut~on shall be paid to the Joint Venture on or before October 25~ 2001. (b) Subsequent Capital Cmltrib..utions. (1) Any subsequent capital contributions to the Joint Venture sh~l] be made twenty five percent (25%) by Bt'ibm, twenty five percent (25%) by DESN and fifty percent (50%) by Wa*.erways at Hibiscus, and all Venturers agree to make subsequent capital contributions (indimdualty a "Subsequent Capital Contribution" and collectively, the "Subsequent Capital iO~M01 :i ?:35:53 OCT 0 8 2002 Contribmions") to tl-.e Joint Venture as and when fm,.ds are required to meet the oblig, tions of the Joint Venrm-e. In such rea:h-d, it is spev. ifically understood by the Venturers that Sub, equent Capital C~tributions ~h~l be required within in th:rty (30) days after such time, if ex, er, that the Venture it unable to timely meet its financial obligations (thc "Subsequent Capital Contribution P'"yrn~mt Date"), including but not limited to ,.ny such payment obligation as to any Institutional Loan (as hereinafter de f~,ned) (2) The Vent~ers ~clmowledge that on any particular Subsequent Capital Contribution Payment Date, a Ventur~ (the "Affe¢~d Venturer") .may nor be in the position to fur. d such Affected V¢~tm'er's share of any such Subsequent Capital Conz-ibution. In thal case, for a period of thirV (30) dxy$ aRer the Subsequent Capital Contribution Payment Date, the Affected Venturer may seek a loan (a "Capital Substitution Loan") to t'~nd such Affected Venturer's share of any such Subsequent Capital Contribution Dom Miller, and if Miller is unable or unwilling to provide any ,uch CapitM Substitution Loan, then fi'om a third part3,. Each Venturer hereby agrees that any such Capital Substitution Loan providecl by Miller shall bear interest at a rate of Fifteen p~eent (15%) per a.,m'am, with accrued interest thereor, to be paid monthly by the Affected Ventttre7., and w"ith the maturity date of each such Capital Substitution Loan to be one (1) year frorn rte date such Capital Substitution Loan is made to the Affected Yenmrer. To the extent teat interest on any such Capital Substitution Loan is deferred or is not so paid when due (the "Defe.-r. ed_ Lnterest"), same sl',a~l be a default thereunder, but sho,ald Miller agree to waive any such default then suc'n Deferred l. ntm~est sba!', be ac!deal to the principal balance of such Capital Sub,tivation Lo~n. effective as of the due date of s'ach Defen-ed [mere;t, and thereupon s,hall accrue interest a: t}~,e rate indicated hereinabove. IJ~ connection with tb.e ma'.Cng o£a Cupi;al S.~bstitution Loan to an AfSe:t:d Venturer., Mil!er shall bc entitled to: ~he priorit-y righrs of payment of in,rest ~.d re-pay:'nem as set font in ibis Ag:reemen:; (B) have the repayment of any Capital Substitution Loan ,ecured b.v a li~q ~nd bypoth¢cat./on (the "Cap~ml Substitution Loan Lien") in favor o fMiller upon the entire Joint Ventrure interest of tt'.e Affected Venturer, '"nd a ~¢curi .ty interest lien and encmv, b~nce i, her:by creatgd ~r,d imposed upon the D. teres! in the Joint Venture of each such Affected Venturer simulmneouf.'y w/t5 the creation oft Capital Sub.qitufion 'Loan. According!y, this Agreement shall be deemed to be a "Security A~eement" a, defined in :2~e Uniform, Commercial Code in forte in the State of Floh~a, as ~mended from time to time (the "UCC"), and Miller as the holder of the Capital Substitution Loan Lien sh'"ll have alt rights and remedies of a ~ecured party under the UCC. The Af£=~ed'Ven~.trer s~all execute and deliver suc~ further docusrmnts as are necessary to perfect an5' Capital Substitutmn Loan Lien, and in order to accomplish tl~,e foregoing, e~ch such Affected Venturer hereby a~ points Mill~ as aaomey-in-~act for th~ limited pu~ose of executing a f. nancing statement to so per~ect tt'.e Capital Sub,fimtion Loan Lien. (3) In the even~ that an Affected Venturer is unable to obtain a Capita~ Substitution Loan, then each Venturer (a "Con.~ibufing Venturer") shall have thc pro.-ra:a right, bu". not the obligation, to make ~ueh Affected Venturer.', ~hare of any such Subsequent Capital Contn'bution to the Ven, ture on behalf of.queh Affected Venturer, and in such case, the Affected Venturers Interest in the Joint Venture ~hall decrease (and the Contributing Vcmtm-ers Interest in the Joint Venture shall increase), calculated in thc following manner: (A) the current Interests of the Ventures ha~'e been derived in the follow/nc maP. nm: OCT 0 8 2002 1. Bnbro: 4~ divided b~,~~equals 25%. 2. DESN: I[~[~'divided b~~equals 2,.5%. W at~',,vays Hibiscus: ~clivided by ~~cquals (B') Assume that on the first Subsequem Capital Con~/bution Date a Subsequ~t Capital ContribuTion in the amount of ~ is requited. Th,~'~fore, Bribro and DESN would each be required to make a Subsequent Capital Contribution of and Waterways Hibiscus would be required to make a Subsequen: Capital Cont~bution of~ (C) Assume, furlher, that DESN makes its Subsequent Capital ContribuTion, that DESN razkcs the Subsequent Capital Contribution of Waterways Hibiscus and that DESN makes the Subsequent Capital Contribution of Bribro. Vmmres would be adjusted ~s follows: I. Bribro~dixSde~ by--equals 19.44%; 2. DESN: ~dwided b~equa!s 41.6~%; ~d 38.89%. (E) Subsequmat adjustments to the Lv. terest of thc Venmzez would be made, it'appropriate, following the procedure set forth above ufilixing the Interest of the Venturers, as adjusted, on any Subsequent C. upital Contribution Date. 10. Capital Accounts, A capital account snail be established for each Venturer and each Vcntv.-er's capital accoum snail bc increased by the amount of i~s Initial Capital Contribution, any Subs~uenI Capital Contribu:ions made by such Vent'arer and such Venturer's share of the r~et income of the Join: Vcntcre. E~.ch Vein'-a. 'er's capital account shall be reduced by the .,mount of all distributions (oCher ti,an in ~epv,,wnem of ~ny lomas made by that Ventt~er to the Joint Venture) made by the Joint Venture to such Venture: and such Venmrer's share of Joint Vent-are los,,cs. No 'v:mture~ shall pe.~itted to wi:hS'aw any of the capital contributed .'.o th~ Joqn: Venture except pursuant to the terms hereof. 1 !. _Loans to the Joint Venture. (a) Mandator< Venturer' s Loans. Bribro, DESN and Waterways at Hibiscus shall each make (or cause to be made) the following loans (th~ "lvlandator7 Venturer Loans") to the Joint Venture: (l) B_.ribro Mandatory Loan. Bribro shall make (or cause to be made) a Mandatory Venturer Loan to the Joint ¥ e ture m the mount of$~lll(the "BrJbro Mandatory Venturer Loan") on or before October 10, 2001. The Bfibro Mandatory Venturer Loan shall bear interest a~ the rate of eight percent (8%) per armum, shall be unsecured and shall be repaid in the manner set fo,'xh ,hereinafter. (2) I~SN Mandatory Loan. DESN shall make (or cause to be made) a O :',MY DOC $x3 4: ~. ',,001 ',.00 '.. ',1 olin V~e.a.c OCT 0 8 Mandatory Venn.~et Loan .o the Jomt¥ enture in the amo~t o~~ (the "DESN Manda~oW V~n~er Loan") o~ or before October 10, 2001. ~e DESN MandatoW V~n~rer Loan shall bear interest at the rate of eight pement (8%) per annum, shall be unsecured and sb.~ll ~ repaid in the manner set ~o~h hereinafter. (3) Waterways st ~-tjbi~us Mandate .fy Loan. Waterways shall make (or cause to be made) a Mandatory Venturer Loan to the Joint Venture in the amount of ~~l~(the "Waterways Man datory Venturer Loan") on or before October 10,2001. The Waterways at Hibiscus Mandatory Venturer Loaf, shall beer interest at the rate of eight percer~t (8%) per annum, ~hal~ be unsecured and shall be repaid in the mar, ncr set forth hereinafter. Institutions! Loan. (I) The Venturers bare agreed to have the Joint Venture use all commercially reasonable eff,,..'ts to obtain a lone. (the "Institufonal Loan") in the arnotmt ~ll~l~~r,d No/'. 00 Dollars (~il~~}, or such other amotmt as the Venturers may otherwise ag'tee lrer..", hrst Un:on National Bar. k (the "Institutional Lender"), which la~:itutional Loan will be secure~ by an L'~stitutional Mortgage and which Insututional Loan shall be used by the Joint Venture to fund acquisition, development and construction of the Prc~ject. To eke extent. required by the !nst~.v~tiona] Le~de:~ Bfibro and its respective Principals, DESN and its re~pectiv'e Principals and Waler~'ays at Hibiscus and its respective Principals hereby a~ees to jointly a.~d severally gu~r~-ntee r~ayment of the I~sd~tior. al Loan (the "Institutions! Loan C~uaranty"). (2) In co::siderr, tfon of the value of the Lnstit'ationai Lonr~ Ouaanty to be provided by Miller (the "Mi'.ler OuaranW"), cbc 3oint Vvmture s~ll, for so long as the MiEer Guarani' remains outstandir:g, pay ~ Miller a fee (the '~Guaran~' Fee"). The Guara~v/Fee sh~ll ~e calculated monthly end shal~ be equal to t~ee percen~ (3%) of the outs~ding Institutional Loan Balance. The amount of ~argnD' Fee se c~!~ulated shall be paid to Miller by the Joint Venture wiflfin five (5) day~ after ~,he end of each month. (3) For so long ~ the Miiler Gua~-anty is outstanding each of' the off,er Vent*stets abel! ~ecure the potenti-~l liability ofiYfiller to the Institutional Lender under t!2e Miller Guaranty by p~edging its ln:erest to Miller (in the same manner ~ provided for in p~ra~aph 9.(b)(2)(B)), and each such Venturer shall cxegute a se~.u~ty a?eemem and such other documents, in the same .manner as prcvided fo~ in par:~graph 9.(b)(2)(B), to reflect the pledge of su¢',~ In~eres~ a~d to peffec~ tiae security interest therein. (4) IL at any time, the Institu:ional Loan shall go into defau]t, then notwithstanding any term, condition or covenant se~ forth in thi~ Agreement or otherwise (mplie~ as result thereof, Miller shall have the absolute and uncon6ifional fight to acquire the Institutional Lo~m from the Institutional Lender on such tersns and conditions as m~y be negotiated between Miller and such Lnstitutional Lemder, and, upon such acquisition Miller shall be entitled to exercise any and all rome.flies against the SO'iht Venture as are available under the documents evidencing such lmstimdonal Loan. (c) Other Loans. At such time as the Prir~cipals agree, the loint Venture may obtain ~uch other loans (t,~,e "Other Loa~s~) for u~¢ by the Joint Venture in the development and construction of tko Project. All of file terms of any such Other Loans, including but not limited to the term, interes~ gte, collateral *md guarantees, shall be determined by ',.he uoanimous decision of the Principals. l.n the even. t the Principals determine to obtain an Other Lo~n from Miller and Miller agrees to $o provide any ~uch Othe~ OCT 0 200 Loan to the Venture, then such Other Loan so provided by Miller shall provide: fi) that the rate ofinteresl payable under such Other Loan shall be fifteen peroent (1 $%) per. a~mum, payable monthly, and to the extent that interest on any such Other Loan made by Miller to the Joint Ven,'ure is deferred or is Not so paid when due (the "Miller Dc ferred Interest'"), such Miller Deleted Interest s.haI1 be added to thc p~ncipal balance of such Oth~ Loan, as of the due date thereof and, thereupon, shall accrue interest at the rate indicaled k..ercinabove; (ii) that M. iller shall be entitled to a Capital Substitution Loan Lien provided for in paragraph 9.Co)(2)(B); (iii) that Miller shall be entitled to a mortgage upon the Property (a "Collateral Mortgage"), which Collateral Mortgage shall be recorded in the public records of the County where the Property is located at the cos: of the Vent-oa'e, provided that the iien and priority of any such Collateral Mortgage sh~ll at all limes be subordinate to the lien of any institutional then encumbering the Property (the 'Inst/tutional Mortgages"), whether then exisdng or thereafter created and any other mortgage encumbering the Property ex/sting prior to the date that any ,uch Other L~an is n,ade (an "Other Mortgage"), and further provided that thc recording of any such Co!lateral Mortgage mty not trigger an event of default under any such ~stitmional Mortgage or Other Mortgage. 12. _De~bi0ns 8nd Policies. fa) All major dete."mmations (the "Major Decisions") shall be approved by t.he urmnimous decision of the Pr!ncipa'~s. For the pu.'-poses of this A~eeme~t, Major Decisions shall include the following: (1) A d¢::sicn to change the purpose o.~'the Joint Venture; er (2) .A. ~ucisio~ to mat~ally chad. ge the Project or the Improvements ~. Le developed ~'.d constructe~ th:ce!n; or (3) A d~ ::sion re change any line item arno'ant spec~t3ed n: ~ty Budget (a~ such tenT. is !~¢r¢inafter d¢fi~ed) of thc Joint Venrare; er (4) E.,::cr.', as otherwi,e set forth h~ein, a decision to borrow' money in name office Joint Venture :~a:~.s, to borrow money [or Join~ Vent'ur: purposes or to utiiige collater~l owned by the Joint Venz'~'e a: secmhty for any loan, provided that' no Venturer (a "Dbsenti~g Venturer") shall prohibit :he x,'¢nture from borrowing funds if the only purFose for such prohii:ition would be to prevent repah~..,zr, t by ff.e Ver~ture of amounts due to t'ne Dissenting Venturer; A dec:sion to ~sig'r,, transfer, p'~edge, compromise or releese an>' of the claims or debts due to the ~o4-' Venture except on payment in full; (6) A. ~ecision to consen? to the arbitration of*uny dispute or controversy; (7) A dec[sion to transfcr Joint Venture asset~ except in the ordinary course of the business of the Joint Venture; (8) A decision to make, execute or deliver any assignment of the beeefit of creditor; (9) Exc~t as oth~,~rwise set forth herein, a deoision to make, execute or deliver any bond, confession of judgment, guaranty bond, inderrmity bond or surety bond or any cont'.act of sale, bill of sale, deed, mor*.gage or lease relating to any of the Joint Venture assets or its interest thereto; or 10/gl,'01 ;I ?:J 5:5'~ 2002 (1 O) A decision to make any purchase, execute an), contract or incur any other obligation on behalf of the Joint k,'~¢, t~ cost of which will exceed fiflec~ (15%) oft~ line item amount specified i~ t~e Budget (as such te~ is h~innflcr defined); or (l 1) A decision so make any purchase, e×¢gut¢ an? contract or incur any other obligation on behalf of the Joint'v'¢rtttLre, the co,st of which will exceed One Hundred Thousand and No/100 Dollars (Sl00,000.00). Co) Subj eot to the o~ber provisions of this Agreement, the m-magement of the day-to-day affairs o£the Joint Venture shall be vested in a ¢o,"t~m~tte¢ (the "Management Committee") composed of Seligrmn, Miller, Goien and Daven.~x)rt. It is anticipated that the Management Committee shall meet at least one t~me each week to discuss and d~c:de upon operational trml'te'rs affecting the Joint Venture. Lq connection wkh decisions made by the Management Committee, Seligman, Miller, Golan and Davenport shall each have one vote, and all decisions of the Management Committee shall be by majority, vote. Any member of the Managerrmnt Corra"nittee may at any time give such member's proxy to vote on any matter before the Management Con..nfittee to any other member of the Management Committee. Without limit!ng the g~et'ality Of the f,~retto'.ng, the M~n~.~ement Co,'nrnmee sha~! have the right to rn~ke decisions rela~ng to the following: (1) revisions to the plan ofdevelopment of the Property and cons~uction of the Improvements thereo~; (2) ob~ainhxg all r~ec~-., sm"y govemn',ental apwovzls and all lice]:ses and pc..'traits for development and construction of the Project; (3) negenution, supervision ~nd administration of ali conwac:s entered inta by the Joint Vc~t'~"e with respect to the Project, including b;xt .~o: limited to architectural, de~i~, engineering, construction, labor, ser'~ces, matemals and eqm~c.'r, ent cor.~'acts r-nd Unit purchase ~-,d sale cor,~zcts relating to the project; (4) negotiation, acauisifion, super'Asicn and a'&minis~'ation of all insurance policie¢ nec.'ssary for th.' Project; (5) negotiation and exccu:ion of purchase and sale agreement's fo: the Unils to be sold by tee Joint Venture, along with all closing documents relating ';hereto, including bat not ~in-..ited to deeds, bills of sale, affidavits and the like; (6) ~rmintenance of thc da2,' to day books and records of the Joint Venture including preparation of accoun'ang report-s, profi: and loss s mtement.s, balance sheets and projected cash budgets; payment of all day to day expenses and contract cos'~s out of the Joint Venture; (7) and tax mm~rs; the accounta.nB hired by the Joint Venture in connection with accounting (8) preparation and maintenance of nec~sary construction pr0gres~ reports, sales progress .-'eport~ and such other reports as may reasonably be required from time to time; (9) the preparation of al! necessary and homeowner documents and other development documents for the Project; G ;.,.M yBOC'~,2. 4 ~ '/'d)61 ',OO I ~ v iJtl Vc'n lur,~ OCT 0 8 200/ (10) engaging ~d terminating employees; (. 11 ) preparation and administration of sales and adverti sing policy; (12) payment of all Joint Venture expenses and contract costs out of Joint Venture cash and any loan proceeds ret:civil by the Joint Venture. 13. Transfer of certain portions ortho Property. The Management Commiaee shall determine if, w'h~, mad how to transfer certain portions of the Prope~y intended to include lakes or other areas of cormnon use to the Hibiscus Community Association (the "Association"). The terrm and conditions of any such transfer shall be as may be negotiated between thc Managemcmt Comrnittc¢ on behalf of the Joint Vent~c and the Association. 14. ,Books of Account, Repo.-ts and Bud. e.,ts. (a) The fiscal year (a "Fiscal Year") ofthe Joint Venture shall be a calendar yea'. At least thirty (30) days prior to the expiration of any Fiscal Year of the Joint Venture, thc Ma,-mgemont Cotr. mi~tee shall prepm-e and submit to the Venturers for review a budget se=ing forth the anticipated revenues and ex,rises associated wi~ thc operation of the Joint Van:ere (a "Budget"). The Venturers shall review and revise any such Budget as deemed appropriate, ired, therea~er, same shall be acknowledged in writing by the Venturers to be ~e Budget tbr the J'oint Venroze for the applicable Fiscal Year. The Management Committee may submit interim Budgets to the Ventures for rewiew, and any such interim Budget ma5' be actmowledged by the Venturers in the ~2..nner set forth above, and, thereupon, such interim Budget shall serve as the Budget for the remaindrr of an ~pplicable Fiscal Year. The Budget for the P. rst Fi,cal Year oft?e Joint Venture has heretofore been approved by the Venturers and i~ attached hereto as Exhibit 14.(a), and until r~odified pu:suan~ h~elo, sam, shall se.we as the Budget for the Joint Venture for the first Fisc, 1 Year of~e Joint Venture. (b) Ail books, records and accounts ortho Joint Venture shall be b, eid ~d mzimained at the office of tEe Joint Venture or at any other loc~tion in the State of Florida as agreed to by the Ventures and s.hall be open to inspection during business hom-s by any Venturer or a Venmrer's author/zed representative. Unless otherwise unanimously agreed to by the Venturers, the Joint Venture shall re;air, :he services of Lundy and Schacter, cemified public a:countan~ (the "Accounting Firm") to review the books of the Joint Venture from time to time as *,be Vtmt,arers so de+.enmi~e, bur in no event less than at ~e end of each Fiscal Year. The Accounting Fi:'m shall also be utilized by ~he Joint Venture to prepare all tax returns r~quired to be filed 107 the Joint Venture. (c) The Joint Venture shall furnish monthly reports to the Venturers on or before the twenty-fifth (25th) day of each month succeeding the close of each month during which the Joint Venture operates, Such report~ shall set forth a summa.w ortho slams of the business operations of the Joint Venture and shall include, without limitation, a balance sheet, an incomc statement, a statement ofsottrces and uses of funds, a developrn=nt and ¢o."mtruction report and a report of sales for the Project. 15. 13.ank..Accounts. The Joint Ventur, shall maintain at lea~t one (1) account in such banks as may be agreed upon by the Venturers. Such account shall be the "Operating Account". All receipts of the Joint Venture from any source, ii,eluding but not limited to, capital ¢on~butions, ~ale~ of Uni~ or construction or other loans, but excluding funds requiro:l to be held in escrow, shall be deposited in the Operating Account, and the ~ands contained in such Operating Account shall be used to pay ell op,~ating expenses of thc Joint Venture. The Operating Account and all other bank accounts oftbe Joint Venture shall require the signature of one of Seligrnan or Mill~r and one of Davenport or Go[an. Notwithstanding the (i :~MY DOC~,3,~ 7700 ! 'O01Woin~ V~t~ ^~r~ rmm=¢,t ~ ,~7~F. NOA OCT 0 8 2002 u..gZ foregoing, only one author;zed s(~,matory, as may be determined by the Venturers, shall be required on an)' Joint Ventur= bank zccotmt dcsi~ated by the 'Venture to make pa.vrnenB fo: building permits and impact fees and to pa), other miscellaneous costs of the Joint Venture. ] 6. Attorneys for Joint Venture. Thc Venturers agree to retain the services of such attorneys as ~.re jointly approved by the Venturers. in that regard, Edward H. O'~lb~, P.A. (the "Firm") has been retained to r~present tb.e Venture. The Venturers acknowledge tb~t the Firm represents Waterways Joint Venture I, Waterways Joint Venture ~, Waterways Joint Venture rtl, Br~bro, DESN, Miller, Gohn, Orangetree, and the Bribro Pri,".¢ipal and/or theft affiliates in other rm,=rs and, notwithstanding ~uch representation, each V~nt~r, the Bribro Principal, the Miller Principal and thc Waterways at Hibiscus Principals agr. e~ that the F:rm ~hall be pm'mitred to r~presen! the Joint Venture.. Howler, in the even! of a dispute bcr~,een thc Venturers or between the loint V~tu.re and Waterways Joi~t Venture J, V, rater~,'ays Joint Venture Q or Waterways Joint Venture IE, thc Fwm shall not represent 2ny party in any litiga:fon relating to ~.y such dispute 17. Du.'ties and Re~onsibilities cfPrinciDals: ConDensation of Principals. ia) Duties o f. prin.~ipa] s ~d Cqmpen~tien. During the Term and so long as a Principa! is providing the ,l'omt Vent'are vdth the services indicated her~ina,fler (collectively, the "Sero/cea), then,_ ur, less otherwise dete."mined by the ~mznimous vote of the Princip~!s, the fellowmg Pdnclp.qs ,~4!1 preform the following Services for the Venture an'.] wSl receive :he following zmounts of compensation th~iore: (l) SeHg-man shall have ~he primar), responsibilirf of oversight of of the Units and shall have shared responsibili."y for marketing, marketing management, land development, accounting, budget!rig and other suck associated matters affecting thc Joint Ver. tur¢ (collectively, the "Seligman Services"), and so long az Seligman devotes his Puli business ~me S~lig'm, an Serdces, the 2o!nt Venture shall pay Scligrr. en .'- con~uking tee in the amount ~[~Do]~ars ($~ p~ month Oho "Seligman ~' , ,,e ), and thc first monthly pa).-v..en: of the Se!igrn..an Fee shzl! be p~id by the Joint Ventuse on the first day of ~e first m. on~h after a payment, whi:h payment is subsr~tially similar to tko Sehgrnan Fee, is nc longer paid Seligman by Waterway; Joint Venu:ze III, a Florida pm-t,nership (:'W~-terways III"). Ir, ,~dditior,, Joint Venture shaii reimburse SeI~gmar for automobile ~cquisition and use costs (i.e leasing or ~cquisition costs, gz~, oil, ~oIIs, repairs znd insurance costs) un:il Se!,gman is no longer prov{dmg the Services to the Joint Venture; to ~he Joint Miller shall have,no mandatory management or superv/sory responsibilities (3) Oolar,, tk-ough Amr. on Oolan Enterprises, Lnc. ("Golan Entre-prises"), shaU have the primary respcmsibiiity of oversight of planning of the Project site and governmental compliance for the Project and shall have shared responsibility, with Davmport for land development, marketing of the Units and m,rketing management (col]ect~.vety, the "Golan Services"). So long as Oolan causes Oolaa Enterprises Io provide the Go!an Services as m~y be deemed appropriate by the Managemen~ Corrm-.ittee, the Joint Ventme shall p,a,y to Golat~ Enterprises · e amou..-r~ oi~/ll~l/~Dolltrs (~l~ per month (Lh¢ Gol~n Fee ), porn on of which Golan Fee in the amou,nt ofl~/~l~ll~ Dollars (~) shall be deemed ~ a management fee and the remainder of the Golan Fee (the"Golan Capital Pomon") in the amount of~/~l~~D°llars (~l[} shall be deemed by the Joint Venture as repayment by the Joint Venture of the Waterways at Hibiscus Mandatory Loan. 'D',e ftrgt monthly p~yment of the Golan Fee shall be p~id by the Joint Venture on the first day of the first month after OCT 0 8 2002 · .B2, , a payment, which payment is substantially s{milar to the Golan Fee, is no longer paid to Golar, Entre'prises by Waterways II1; and (4) Davenport, t~ough Goodlard Properties, Inc. ("Ooodiand") shall have the pfima~ responsibiliv of administration over accounting, tg.xation matters, legal matters and reporting functions for the Joint Vmrure and shared responsibility with Co!an tbr land developmenI, marketing of Ual.ts and rn&rkcting manage'meat (collectively, thc "Davenport Serv/ces"). So long as Davenport .;au$¢s ~oodland to provide the Davenport Services as may be deemed appropriate by the Management Coramitt~, the So/at Venture shall pay to Goodland the amount o~ fee and the remainder of thc Davenport Fee (the "Davenport Capital Portion") in the amount ofl~ ~ Dollars (g~lID shall be deemed by the Joint Venture as ~e repaymem by the Joint Venture of the Waterways at Hibiscus Mandatory Loan. The first monthly payment of the Davenport Fee sh~ll be paid by ',he Joint Venture on the firs: day of thc first month after a l~.yment, which paymcmt ts substantially similar to the Davenporl Fee, is no longer paid to Goodland by Waterways kb) (]ompensa. ticn arid Exeen~s. Exceet as specifically set for~.h herein~ neither a_ Venturer nor its respective Principals shall be entitled to any czrrr.,pen,.afion fl:om the Joint Venture or from any otl~er Venturer i~ connection with the rnana~emer, t, supervision and other se,"vic:s promded to the Joint \feature. Thc foregoing shall not, however, 'tx: deemed to resmct a ckarge to .:he J~inl Venn. ue by a Veal'afar or p~ymert: by t.h¢ Joint Venture tca Venturer of costs mid expenses of services p'romded by a Venturer at the Project and performed exclusively for the benefit of the Joint Venture, provided th,at cost and expense of such ~erv/ces shall have been a par~ of a Budget. Likewise, each Venturer, ils resTec'.:ve Principals and employees may receive pa.vrr, ent or reim'our~ement from the Joint Vemure for vouched costs expended on behalf of the Joint Venture as reflected in a Budget.. as well as, the vouched and authorized out-of pocket expens~ ineurr-:d in connection with tk~ b~isqness cftc Joint Venlure, but not specifi:ally included in a Budget. 18. Distributigns. (a) For the purposes of this Agreement unless o~er'~'ise deterzc~ined by ~e Venturers. cash available £o~ distzibuuon ("Cash Available for DisXibution") shall mean thc excess, if any, of all gross cash receipts of the Joint Venture from all sources as o£lhe date of&term/nation (the "Determination Date") less all cf thc following items: (!) all required cash disbursements of thc Joint Venttwe in connection afth business of the Joint Venture as of the Determination Date which includes, without limitation; (A) timely payment of direc! operating obligations, including, without limitation, l~rofessional fees, contrac~ obligations ~nd property 'rexes; ~nd (B) timely payment of interest on secured and unsecured loans of'the J~int Venture, including but not limited to pa3wnent of interest on any Capital Substitution Loan, Institutional Loan, Other Loan and each M~ndatory Loan); md (C) timely principal payments on seemed and unsecured loans or,he Joint Venture, including but not limited to principal payments due under any Capital Substitution Loan, l.n.$titutiona! Loan, Other Loan &nd any payment of principal toward reduction of any 10 OCT 0 8 2002 Mandatory Loan as specificMly required pursuant to this Agreement; (2) As de:ermined by the Venturers, establislunent of a reasonable reserve for: (.A) othm anticipated cash requirements of the Joint Venture; (B) th~ anticipated capita! requirements cf the Joint Venture; and (C) a rea:onable reserve for payment of r~idential home warrant7 obli§ations, payment of real esmtx rexes, insuraa~ce and carrying cogs wilh respect to unsold Units and oth~ such items. (b) Unless otherw:se unanimously determined by tt~e Principal~, Cash Available for Distribution shall be c~istdbuted by the Joint V~'nture to the V~nturers. Notwithstanding the f~egoing, it is specifically agreed that tl-xre shall be no distribution of Cash Available for Di-~bution until ~ll unl:mid obligatieI~$ and debts of' the Joint Venture: secured and unsecu:¢d (collectiveiy, due "Obligations"), which Obligations inc!ude but may nol be limi:ed to, Capi~l Substitution Loans, Institutional Loans and Other Loans, together with any and all interest thereon, arc pa'.:d in full. Subject to the foregoing, Cas~'. Available £or Distribution shall be dismbuted in the following order of prion~': (1) to Miller to pay .'--ny amounts of accrued but unl~aid Guarani'/Fee; t?.en (2) to Bribro, DESN a~d Water,rays at Hibiscus, pro r~:a based upon the respective L'at~ests ofBribro, DESN and Waterways at Flibiscu~ in pa}men', of accrued but urpa~d in.'.erest on each such V~nru-'er's Mandatory Lean; then (.3) to DESN in t.tw amc ,m'.t of~l~~(th, "DE SN Preferred Return"); (4) to DESN in the amount o£the DESN Mandatory Venmrer's Loan; then (5) to Eribro and to Water~,ays at Hibiscus, pro rata based upon the respective ~t ere$:s of B:'ibro and Wa'.~.,-w ays at Hibiscus in payment of~e Bribro Mandatory Venmrer's Loan and the W~ter~'ays at Hibiscus Mandatory Ventur,r's Loan; ~¢~ (6) to DESN in the amount off(the "DESNBatanee Return"); then (7) to Bribro and Waterways at Hibiscus, pro rata based upon the respective I~.ter~ts of Bribro and Wa~;erways at Hibiscus un:il Bribro has received $~[l~(the "Bribro Return") and Wat~m'ays at Hibiscus has rec,ived ~ (t?.e "Waterways at Hibiscus Re'turn"); then (8) to Bhbro and Waterways at Hibiscus, pro rata based upon the r**peotive Interests of Bnbro and Waterways at Hibiscus until Br/bro and Waterways at Hibiscus have each received t~~multipli¢'d by the number of months elapsed from the date that sit, plan approval a, ro the Proj eot (the "Site Plan Approval") i~ received by the Joint V~mtu,"e to :he date of substantia! completion of the Project (tl..¢ "Bonus Ketum"); then (9) to Bdbro, to DESN and to Waterways at Hibiseu* pro rata based upon the respective Int~eaB of Brib.-o, DESN and Waterways at Hibiscus. ll 19. T.~rmination. (a) The Joint Venvar¢ shall be terminated if: (l) any Venturer shall seek relief under any federal or state law relating to bankruptcy, receivership, in sol vency or reorganization; or (2) any Venturer shall make an assignment for the benefit of'creditors or take · ny other similar action for the protection or benefit or creditors; or (3) any Venturer shall have instituted against it any proceedings under federal or stare law for the relief of debtors which proceedings are not discharged within thirty (30) days of the filing date; or (4) the team of the Joint Ven."are expircs; or (5) the Venturers mutually agree to tenninate the Joint Venture; If the Joint Venture is terminated as a result of the conditions described in Paragraphs 19.(a)(1 ), 19.(a)(2) ~.nd ! 9.(a)(3) above, the Venturer causing t.bc term/nation as a result of sam'e shall no longer have a voice in tko decisions, managemen! and operation of th.e Joint Venture and the other Vent'u.-er sh.~ll thereupon solely man:ge she Joint Venttu-e. (c) Upon terrnina'.ion of the Joint Venture, thc assets of the Join: Venture shall be ord~ly liquidate~ and converted mr~ cas5 witkin a reasonable period oft/me, In such ev~t, either Venturm shall have the right to purchase an'.' cf :5, ~ssets of the Joint Van.rare, either at private or pubhc sale, or the interest of the ether Ventur~ pars;ar:: to :he m~.ndatory buy-sell procedure set forth in Paragraph 21. ~d/., thc~,~..~* ..... , cr.,'ure i~ te,~mated for any reason while work is in pro.ess on the.. Project or whom con~acv~i obli~a~..~:::: of the Join: Vent,~e remain outstanding, v~nding up of the affairs ~nd te~mnalim of~e business of tk:/c!nt Venture may include completio~ ~fthe work in pro.ess as may bt necessau to bfi~ a stage or phx~e o~ ina Project to a state of completion; or ~o bring such work in pm~ess to a stag, tha~ is cmv~ien: f,r ~e cessation of wor~ or ~ a point ~ar concludes the outstanding con,actual obligations cf the Join: venture. (e) T'ne assets of t'ne Joint Venture shall be applied or distributed in liquidntion in the following order, of priority: · ..t~) To cred:,tcrs of the Joint Venture other than any Venturcr or 1o any Venturer's Affiliates in payment cf debts and obligations of the Joint Venture and to the expenses of liquidation of the Joint 'v'enrure; then (2) To the creation of reserves which the Venturers may determine are reasonably necessa,,3' far any contingencies, warranry obligations, unforeseen liabilities or obligations of the Joint Vcntuze; the~ (3) To Miller in liquid~tion of any Cal:,/tal Substitution Loan; then (4) To the Ven~ers in liquidation of any Other Loans or ack'antes to the Joint Venture made by the Venturers, ~he priority of~uch payments being first to the Venturer having the 12 AC, F. NOA IT'6M OCT 0 8 2002 greatest amount outstanding of such Other Loans and advances until all Venturers have an equal amount ou~t~ndmg of such Other Loans and advances, and then to all Vent,arers equally until full repayment thereof; then (5) to Mille~ to pay any amounts ofaccrued but unpaid Guaranty ~ee; then (6) to Bnbro, DESN ~d Waterways at Hibiscus, ixo rata ba~ed upon the respective Interests of Bribro, DESN and Waterways at Hibiscus in payment of accruecl 'out unpaid interest on each ~ua:n Venturer's Mandatmy Lozn; then (7) to DESN ix payment of any unpaid amoun': of the DESN Preferred Return; ($) ;o DESN in payment of ~y unpai~ amount of the DESN M~ndatory Venmrer'$ Loan; then (9) to Bribro and to Waterways at Hibiscus, pre rat~ based upon the respeclive Interests of Bribro and Waterways at Hibiscus i~ payment of any unpaid amount of the Bribro Mandatory Venturer'$ Lear. and the Waterways at Hibiscu, Mandatory Ventuxer's L~an; then then (10) to DESN in payment of any unpaid amount of ~he DESN Balance (1 I) to Bribro and Waterways at I4ibiscus, pro rata based upon thc respective Interests of Bfibro m:d Wate..?a'ays at Hibiscus until Bribro has recetved any 'unpaid amount of the Bribro Return Ed Waterways at H~biscus has received any unpaid mount of ~e Wa~e.m'ays a: Hibiscus Rer,~m; then (~ 2) lo a Vemurer in pa-~.nent in full of the exces~ of [he total amouat of th~-t Venmrer's capital account over the total amount of any ot~het Ven.mr~% capital account: however, irony Venturer's capital account in this case sh~l[ be zero or a negative capital balance: then for the purposes of this paravaph it shall be deemed to 'ce zero and this paragraph shall not apply if a~.~. Venturers shall have a negative cat:it,al ae¢oum; then (13) to Bhbro and Waterways at Hibiscus, pro rata based upon the respective Interests of Bribro and War,ways at Hibiscus until Brtbro and Waterways ~t 3-1ibiscus have each received any unpaid amount of the Bonus Return; then (1 ~) to Btnbro, to DESN ~,'ad to Waterways at H:bi~cus pro rata 'traseal upon the respective ~terests ofBribro, DESN and Waterway~ at Hibiscus. (0 If a Venturer shall have a negative ba~.ance in such Venturer's capital accoun~ and any other Vtmmrer shall not receive a distribution in liquidttion sufficient to reciuce the positive balance of such Venturer's c~pital account to zero, the Venturer with the negative ball-nee shall irnmediately thereupon pay to the loi.nt Venture i~ cash the lessor of.' (1) An amount equal to the negative balance remaining in capital ,ccount of the Venturers with the negative balances, or (2) The amount necessary to reduce the other Vent'arers' positive capital 13 OCT 0 8 2Ob. aC¢CL;,,lt tO zero. (g) Every effort shall be made to dispose oft.he assets of the $oint Venture so that the distribution may be made to the Venturers ir. cash. If at the brae of the temaination of the Joint Venture, the Join: Venture owns notes secured by mortgages on property which the .l'oint Venture has sold in the course o f its operation or any evidences of indebtedness which can not reasonably be converted to ca~h, such notes and mortgages or evidences of indebtedness shall he dis~buted in kind to fl~e Venturers, in lieu of cash, proportionately to the interest of each Venturer in the Joint Venture. 20. W~thdrawal and Part!lion. Except ~s otherwise provided in this Agreement, each Ven'curer expressly waives any rights that it might other~fse have Io voltmmrily withdraw .,'rom the Joint Venture or to peri:ion for a laar~i~ion of the assets o£ the Joint Venture. 21. Sale or As$ign. mer, t of~terests..8. Venturer may not sell, assign or otherwise transfer its interest in the Joint Vent~e wi~out the prior written approval of each other Venturer. 22. lndernnifieatj.on. (a) Each Venturer is liable for its pro rata share of any Ooint Venture liabilities to the extent of :.ts haterest in the Joint Venttn'e. E~ch Venturer hereby indemnifies ~d hol~ h~.l~s e~ch o~hcr Venturer agai~t ~.d ~om all claims, de,=ds, le~ses, li~s, liabilities, penalties, ac~ons and mghts of actio~ (includingreasonable a=o~.eys' fees rand other ex,rises ofproseculing or defer, ding claims or :on,crosier, li~gated or ~litigated) O, zt may aN~e by vi~e of an~hing do~e or o=~tted lo be ~or, e by a Vend-er (~recfly or tNough or by agent, emp}eyees, or o~Eer representatives) o~tside ~e ~cope of or in breach of :he te~s of this A~e,ment, provided that such Vent~er shall be p~mptly notified of tho exts~ce of claim, ~and, action or right of action and shall be given ~asonable oppo~niW to pa~igipa~e in the defense t~reof. No~ithstanding the fore,lng, the failure to give such notice shall not affect each o~hc~ Venmrer's obligations bereund~, except to the extent ~ any ~:tual prejudice to i~ resulting therefore. fi~c - ,~, ~ ~4~* ~ several ~=bi~, Ventme by a Vemurer, each Venturer ~s to hold ~e o~her V~turers ha~Iess ~o the extent of any claims, dem~d~, acl:ons and rights~f action or jud~nt5 obtuined in excess of ibc N~eres~ of each such Ven~rer in t~e Join~ Ven~are. (b) A security i~"res~ lien and encumbrance is hereby created and imposed upon the Interests in the Joint Ventttre of an indemnifying Venturer as ~eeuri .fy for such indemnification. Accordingly, this Agreement shatl be deemed to be a "Security Agreement" as defined in the Uniform Commercial Cod: in force in the State ofFlori&-, a~ amended from time to time, and the Venturers holding the foregoing lien shall have all rights and remedies cfa secured party ur...der the said Uniform Commercial Code, as amended from time to time. The Venturers shall execute and deliver such further assurances for such purposes as are n=essary, and do hereby appoint each other as at,crecy-in-fact for the: limited purpose of executing a financing ~tatement to perfect any lien created by this .t:e. ragraph. 23. Miscellaneous. (a) ..Amendmen3. No amet~dment or modification of this Agreement shall be effective unless it is in writing and executed by the part), against whom enfor=ement is sought. Co) Applicable Law. Thi, Agreement shall be governed by Florida law. The Venturers S?.all execute all certificates required by Florida law to be filed in connection with the Joint Venture including, without limitation, ficlifious n~me certificates. G :IM'Y DOC.g~I 4 7 7~,1 'O0~',~oint Vcnmr~ ^~e~ errata .0~. ,~pd l ~ OCT 0 8 2002 (c) Aa-bit'ration. If ar,)' controversy or claim arising ou! of t_his Agreement cannot be settled by tee Venturers, the. Venturers shall submit the controversy or claim for seu!ement by binding orbS=arSOn in m:cerdance with the roles of the .A~.erican Arbitration Association then in effect. Any arbitration shall be held m Broward Country, and ~e Parties shall equally beat the costs and expenses of~ny such arbi~'ation. (d) Assi~ment. Neither Van.rorer shall ~tl, ~sign, mmsber, e~eumber, hypothecate or other~dse alienate in any way all or any part of its interest in the Join*. Venture without the prior written consent of thc other Venturer, which consent may be withheld for any reason whatsoever, and any such with,holding of consent shall not be deemed ~s an abuse ofdiscrctiom Any aUerapt to violate this provision or any ~5olation of this provision ,ha!l be null and void. (e) Bcneflt and Obli.%a;igns. This Agreement shall inure to the benefit of and be binding upon thc Venturer~ ~nd their respective permitted successors and assigns. A_ny person or entire succeeding to the interest of a Venturer shall succeed to all of such Vent,arer'a rights, interests, and obligations hereunder, subject to and .~qtk the benefit of all terms and conditions of this Agreement, including the restrictive conditions contained herein. (0 Conflicts With Mortgages. To the extent thc exercise of any of the fights of any o? the Venturers sca forth in this A~'een,.ent would result in a default under any acquisition, ¢ons,."-uction or other financing now or hereafter encumbering m~y of the Property, r.o such action shall be takm or, if taken, be effective, unless the Joint Venture or thc Venturer ta.Mr, g such actlcn s.~al! have obtained the writ-ten con,{mt of tl,.e holder of such financing. (g) Counte~arts. Thi s Agreement may be executed in any number of cour~terpa.,-ts any one and al! of which shall constitute an original. (h) Drafting. TLis Agreement and tee exhibits hereto have been negotiated at length by the panics hereto, ~nd the pa~ies hereto mum'nelly agree that for the purpose cfcons~air, g tine of this Agreement or the schedules hereto, ne/thc, parry shall be deemed to be responsible for the authorship thereof. (i) _Entire Am'cement. This Agreement is the entire agreement between fl~e Vcntu-,'e.r: and no alteration or modificaUon shall be binding unless in writing and signed by each Venturer. (j) Facsimile Executio,n. Facsimile signatu.,'cs on counter-pm'ts of this Agreement are hereby authorized and shall be aclmowledgcd a~ if such facsimile signatures were an original execution. (k) F__urther Assur8rlce~. The Venturers agree to make, execute v_nd deliver all further instrun~mts and documents necessary or proper to comply w~th or carry out the pm-poses of this Agreement. 0) Notice. Al! notices required or permitted by this Agreement shall bc in writing and shall be add~esse, d and delivered as hereinafter sm forth or to ~uch other ~ddress ss shall from time to time be supplied in writing to any Venturer from the other Venturer. Notice shall be deemed given when deposit~l in the United States m~iis, addressed to the Venturer to receive the same, postage prepaid: by certified or registered mail, return receipt requested, or wh~ deposited with a recognized ovelmight couricr addressed to the Venturer to rcceive the same, or when ~ent by tclefax, provided that any Venturer providing notice by telcfax shall be required to provide reasonable evidence that the tclefax was received by the intended recipient. The initial addresse~ of the Venturers are a~ follows: 15 AGENOA I'!1~ OCT 0 8 200, If to Bribro: 914 C-rand Rapids Boulevard Naples, Florid.~ 33120 If to DESN: 3350 Bridle Path Lane Weston, Florida 33331 If to Waterways at Hibiscus: 11860 West State Road 81, Suite B.15 Davie, Florida 33325 (m) par.a..~rauh Headings. Ali paragraph headings inse,'ned in this Agreement are for informational purposes only and do not amplify or limit lhe provisions ofthls Agreement. (n) Sever. ability. If any paragraph or F,mv'ision of this Agreement is held invalid or unenforceabie, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions hereof, all of which paragraphs and provismns and portions thereof are hereby declared severable. (o) Sutural. Al! provisions hereof governing the rights of the Venturers after a t¢,itiination and dissolution shall survive such termination and dissolution. (p) Third Par~,, Claims. In the event any third parr,/ur~.ffHialed wifl~ -',ny Ventv. rer claims any r/gl'.t upon or against the inlerest of either Venturer, directly or indirectly, the Joint Ven.':ure shall, upon receipt of notice of the existence of any such claim, have the right to satisP/any claim (a which is ~ lawful encumbrance upon the l:repeny of thc Joint Venture and charge the interest of the Venmr~ for the amount paid on acce~'~t of s'ach Claim, plus reasonable costs incurred by the Joint Venture in connection therewith. No pm-t-y claiming an7 fight upon or against the intreat of either Veneerer shall have any rights against e!ther Venturer by virv. te of this Agreemem or ~is prox4sion. (Signatur~ appear n~t page) 10~2 !~01 CJ :'~( YDO~ Sa347 ,'~01 ~)01 ~oiru Veto t a,~ [6 OCT 0 8 2002 IN WITNESS WHEKEOF, ~¢ Venturers hereto have c~used these presents to b~ cxecut;d the da)' and year first above written. BRIBRO VENTURES, EqC., a Florida corporation By: ~,'~n President/] DESN I, INC., a Florida corporat:o-, I res,den WATERWAYS ,-~T HIB,S,~U~, LTD., a Florida limited parmership By: Waterways Development, L'-.c., General Farmer By: 17 ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 2000-76, KNOWN AS THE HIBISCUS VILLAGE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO TABLE I OF SUBSECTION 3.4.A, DEVELOPMENT STANDARDS TO ADD MINIMUM LOT AREA AND LOT WIDTH STANDARDS FOR THE MULTI-FAMILY CATEGORY AND TO ADD A NOTE ADDING SIDE YARD SETBACK STANDARDS FOR INTERIOR UNITS OF A UNIFIED PRINCIPAL STRUCTURE; SECTION TWO: AMENDING SUBSECTION 5.4.A, SCHEDULE OF DEVELOPMENT AND MONITORING REPORT TO REFLECT THE CURRENT PUD TIME LIMIT REQUIREMENTS; AND SECTION THREE: AN EFFECTIVE DATE. WHEREAS, on November 28, 2000, the Board of County Commissioners approved Ordinance Number 2000-76, which established the Hibiscus Village Planned Unit Development; and WHEREAS, Dwight Nadeau of RWA, inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2000-76. NOW, THEREFORE, BE IT ORDAINED BY the Board Of County Commissioners of Collier County, Florida that: SECTION QNE: AMENDMENTS TO TABLE 1 OF SUBSECTION 3.4.A ENTITLED DEVELOPMENT STANDARDS. Table 1 of Subsection 3.4.A, entitled Development Standards, of Ordinance Number 2000-76, the Hibiscus Village PUD, is hereby amended to read as follows: STANDARDS Minimum Lot Area (per unit) Minirm~m Lot Width Front Yard Setback Side Yard Setback I Story 2 Story 3Story Rear Yard Setback Principal Structure Accessory Structure TABLE I RESIDENTIAL DEVELOPMENT STANDARDS $IN(~LE-IFAMILY TWO-FAMILy MULTI-FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Corner Lots 20' 0'& 12' orboth 6' 0'& 12' or both 6' 0'& 15' orboth7.5' 0'& 15'or both 7.5' NA NA 4.500 Sq. Ft. NA 2500 Sa. Ft. 80' Interior Lots (I) tq~ 25' interior Lots (40')(2) 100' Comer Lots NA 35' Corner Lots (s0'X2) 20' 15' Greater of 7.5' or ½ BH (3) Csrcatcr of Iff or Gr~ler of 12.5' or 20' 20' 20'(-5-)(4) 10' 10' 10' Words ........ ~ are deleted; words underlined are added. 1 OCT 0 8 2002 STANDARDS SINGLE-FAMILY TWQ-F~MILY MULTI-FAMILY PUD Boundary Setback Principal Structure NA Acce~ory Structure NA Lake Setback (4-) f.~ 20' Wetland Preserve Area Setback 25' Distance Between Structures Main/Principal I-Story 10' 10' 15' 2-Story 15' i 5' 20' 3-Story NA NA 20' Accessory Structu~s 10' 10' 10' Maximum Heitht Principal Building 35' with a maximum 35' with a maximum of 2 stories of 2 stories Accessor~ Building 20'/Clubhouse 35' 20'/Clubimuse 35' ~i~imum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. NA Greater of 20' or BH NA 10' 20' 20' 25' 25' 45' with a maximum of 3 stories 20'/Clubhouse 35' I bedroom = 600 Sq. FL 2 bedroom= 750 Sq. Fc 3 bedroom - 900 Sq. FL (!) 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. ~ Where fee simple lots are created for each dwellinR unit, no side yard shall be required between interior units of a unified principal Slructure, and the required side yard shall be measured fi'om the exterior wall(s) of the principal structttre. ~ All 3-story buildings shall also be set back a minimum of 150' from the Collier Boulevard right-of-way. (4) (5~ Lake setbacks are measured from the control elevation established for the lake. Note: "BH" refers to building height and "SBH" refers to the sum of the building heights. SECTION TWO: AMENDMENTS TO SUBSECTION 5.4.A. ENTITLED SCHEDULE OF DEVELOPMENT/MONITORING REPORT, Section 5.4.A, entitled Schedule of Development/Monitoring Report ot Ordinance Number 2000-76, the Hibiscus Village PUD is hereby amended to read as follows: A. The landowners shall proceed and be governed according to the three-year time limits pursuant to Section 2.7.3.4 of the Land Development Code. ~.TI~=N_=T[[~ 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 Collier County, Florida, this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Words :~::k '..%-:::g.~. ere deleted; words underlined are added. 2 OCT 0 Approved as to Form and Legal Sufficiency Ma~j-ori~/l. Student Assis~t Co~ A~omey PUDA-2002-AR-2559, Hibiscus Village RB/sp Wordz ~ are deleted; words underlined arc added. 3 OCT 0 8 2002 EXECUTIVE SUMMARY PETITION PUDZ-01-AR-1331, R. BRUCE ANDERSON OF YOUNG, VANASSENDERP, VARNADOE & ANDERSON AND WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, REPRESENTING MARTIN ADLER, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE ASGM BUSINESS CENTER PUD ALLOWING A BUSINESS PARK FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR-951) AND APPROXIMATELY ONE-HALF MILE SOUTH OF TAMIAMI TRAIL (U.S. 41) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from "A" to "PUD" allowing for a 40.88-acre business park that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The proposed business park facility is located on property that is adjacent to the existing Prime Outlet Shopping Center. The business park area is proposed to consist of approximately 26.3-acres while the open space and preserve areas is to comprise approximately 12.2-acres. If approved, the business park development plan will allow the following: A maximum of 200,000 square feet of General Light Industrial Uses; a maximum of 50,000 square feet of retail uses; a restaurant and hotel; open space that includes water management areas; and landscaping and buffering totaling the minimum requirements. The business park uses shall be developed with a unified architectural theme, which is compatible with the existing commercial retail outlet mall to the north that is zoned C-4. The existing one-story structures are approximately 35 to 40 feet in height while the C-4 district permits a maximum height of 75 feet. To the northeast is the undeveloped residential land that is zoned RMF-16 (8). The maximum ' height in this district is 75 feet. Since the adjacent zoning permits a maximum building height of 75- feet, the proposed PUD maximum building height of 40 feet and 50 feet for nonstructural building elements is compatible. To the south is the conservation/recreation area of the Silver Lakes RV Resort PUD. To the east are the undeveloped lands that are zoned "E" Estates while to the west is Collier Boulevard and undeveloped land. In addition, the PUD Master Plan provides a 25-foot deep Type "A" landscape buffer along the northern property line. The PUD Master Plan also indicates that the internal access road provides for a possible interconnection with the adjacent land to the north. Therefore, staff is of the opinion that the proposed ASGM Business Park is compatible with the adjacent properties. Furthermore, the application of the architectural theme and landscaping requirements should remove any perception that there are any incompatibilities with adjacent land areas. Ac.,ra~A ~Yr.~ OCT 0 2002 1 Pg. ] Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 5,418 Weekday Trips. The project will have not have a significant impact on US 41 or on Collier Boulevard. The project trips will not lower the operational level of service standards on any of the roadways within the project's radius of development influence. The projected traffic volume in 2004 for Collier Boulevard from US-41 to Port Au Prince Road is estimated to be 36,576 AADT (Annual Average Daily Traffic) and results in a Level of Service "C" operation. In addition, US 41 from Rattlesnake-Hammock Road to Collier Boulevard is estimated to have a traffic volume of 26,742 AADT, which results in a Level of Service "B" operation. As a result, the impact of the project traffic volumes on the roadway network is not significant. The site-generated traffic will not degrade the level of service of any of the roadway links within the project's radius of development influence. Therefore, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Fire Impact Fee: · Parks · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: Building Code Adm.: $0.30 per square feet under roof $820 $2,436.00 per 1,000 square feet $1.3260 per square foot $0.005 per square foot of building $51.00 per 1,000 square feet $0.005 per square foot of building It should be noted that because impact fees vary by land use type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee of $1,017,320.00 is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rate. OCT 0 8 2002 2 Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Sub-district) as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Sub-district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, the Business Park (BP) Sub-district is allowed in the Urban - Mixed Use District, subject to the location criteria as provided in the GMP. This Sub-district permits a mix of industrial uses and non-industrial uses. In addition, the "BP" PUD District in the LDC was adopted so as to easily implement this Sub-district by providing specific uses and development standards. This rezone request is consistent with this Business Park Sub-district by providing specific uses, development standards. Criteria for this Sub-district are listed below, followed by staff comments: a. Business Parks shall be permitted to include up to 30 percent of the total acreage for non- industrial uses. The PUD Document limits the Permitted Secondary Uses to a maximum of 30 percent of the total acreage. b. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. The PUD sets forth that ali project access points shall be consistent with the Collier County Access Management Policy. c. Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotel/motels at a density of 26 units per acre and recreational facilities. Retail uses shall be limited to those uses, which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. The PUD allows Permitted Primary and Secondary Uses that are consistent with FLUE and the "BP" Sub-district. d. When a Business Park is located within the Urban Commercial District or Urban Mixed Use District, the industrial uses shall be limited to light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district. The Planned Unit Development Ordinance or Rezoning Ordinance for a Business project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. The PUD sets forth a list of permitted uses that are consistent with the "BP" PUD district. Business Parks must be a minimum of 35-acres is size. The subject approximately 40.88 acres. 3 ;itc comprises AC-.~A ITEM OCT 0 8 2002 Business Parks shall adopt standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. The PUD provides standards, which are consistent with the LDC. The maximum additional acreage eligible to be utilized for a Business Park Sub-district within the Urban-Mixed Use District is 500-acres exclusive of open space and conservation areas. The subject site is 40.88 acres and this is the first project submitted under this Sub- district. Based upon the above analysis, Comprehensive Planning staff concludes this PUD may be deemed consistent with the Business Park Sub-district in the FLUE, subject to a finding of compatibility. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or waiver is required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval subject to revising the PUD Master Plan to note the minimum acreage of the wetland is 7.93 acres. The preserve open space area is designed to accommodate a minimum of 15 percent (6.1-acres) of the site's viable naturally functioning native vegetation or replanted in accordance with the Land Development Code. Buffers will be provided around wetlands, extending on average 25-feet landward from the edge of the wetland preserve areas. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) heard this petition on May 1, 2002 and they recommended approval by a 6 to 0 vote subject to a minimum of 7.93 acres of wetlands to be identified for preservation on the Master Plan. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on September 5, 2002. By a vote of 8 to 0, the CCPC forwarded Petition PUDZ-01-AR-1331 to the Board of County Commissioners (BCC) with a recommendation of approval subject to limiting the hotel/motel use to a maximum of 200 rooms along with staff stipulations that have been incorporated into the PUD document. The Planning Commissioners found that this petition is consistent with the Business Park Criteria of the Growth Management Plan (GMP) and is compatible with the surrounding development. Since staff has not received any objections and no one spoke in opposition to the petition during the public hearing, this petition has been placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-01-AR-1331 subject to the approval of the Affordable Housing Agreement and the stipulations contained in the PUD document and as otherw the Ordinance of Adoption and Exhibits thereto. OCT 0 8 2002 4 PREPARED BY: RAY t~L~OWS,-CHIEF PLANNER CURRENT PLANNING SECTION ?./6;.0 DATE SUS,~ MU~kY, AICP, MANAGER CURRENT PLANNING SECTION MARG,,~T' WU~STL'E, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: JO~E?H K. SCHIV~/FT ADMINISTRATOR Cp/MMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE PUDZ-01 -AR- 13 31/EX SU MMARY/RVB/rb 5 OCT 0 § 2OO2 O MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 9, 2002 RE: PETITION NO: PUDZ-0 I-AR- 1331, ASGM BUSINESS CENTER PUD AGENT/APPLICANT: Agents: R. Bruce Anderson Young, vanAssenderp, Vamadoe & Anderson 4001 Tamiami Trail, Suite 300 Naples, Florida 34103 D. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Owner: Martin Adler 4 Caramel Court Commack, New York 11725 GEOGRAPHIC LOCATION: The subject PUD is located on the east side of Collier Boulevard (SRo951) and approximately one and a half miles south of Tamiami Trail (US-41) in Section 10, Township 51 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject 40.88-acre site from the "A" Rural Agricultural Zoning District to "PUD" Planned Unit Development to be known as the ASGM Business Center of Naples PUD allowing a business park. PURPOSE/DESCRIPTION OF PROJECT: The proposed 40.88-acre PUD is intended to allow for business park uses on pro] is adjacent to the Prime Outlet Shopping Center. The business park area c approximately 26.3-acres while the open space and preserve areas ~erty that OCT 0 8 2002 ' ' !ill I I ~[ iii ~-~z~-~~--~ ___~ ]CT 0 2002 approximately 12.2-acres. If approved, the development plan will allow the following: A maximum of 200,000 square feet of General Light Industrial Uses; a maximum of 50,000 square feet of retail uses; a restaurant and hotel; open space that includes water management areas; and landscaping and buffering totaling the minimum requirements. SURROUNDING LAND USE AND ZONING: Existing Conditions: As the aerial photograph & zoning map depicts, the subject site is undeveloped and is zoned "A" Rural Agricultural. Surrounding- North: East: South: West: The developed Prime Outlet Center Mall that is zoned C-4 and undeveloped residential land zoned RMF-16. Undeveloped residential zoned "E' Estates. The developed Silver Lakes PUD Collier Boulevard and undeveloped Agricultural zoned land. Aerial Photograph ZOHE /'.E i (EL 7) ~' Zoning Map GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Sub-district) as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Sub-district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, the Business Park (BP) Sub-district is allowed in the Urban - Mixed Use District, subject to the locational criteria as provided in the GMP. This Sub-district permits a mix of industrial uses and non-industrial us - nC, r..~A I'rV.~ I"'/ OCT 0 8 2002 2 In addition, the "BP" PUD District in the LDC was adopted so as to easily implement this Sub-district by providing specific uses and development standards. This rezone request is consistent with this Business Park Sub-district by providing specific uses, development standards. Criteria for this Sub-district are listed below, followed by staffcomments: go Business Parks shall be permitted to include up to 30% of the total acreage for non-industrial uses. The PUD Document limits the Permitted Secondary Uses to a maximum of 30% of the total acreage. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. The PUD sets forth all project access points shall be consistent with the Collier County Access Management Policy. Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotel/motels at a density of 26 units per acre and recreational facilities. Retail uses shall be limited to those uses, which serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. The PUD allows Permitted Primary and Secondary Uses that are consistent with FLUE and the "BP" Sub-district. When a Business Park is located within the Urban Commercial District or Urban Mixed Use District, the industrial uses shall be limited to light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district. The Planned Unit Development Ordinance or Rezoning Ordinance for a Business project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. The PUD sets forth a list of permitted uses that are consistent with the "BP" PUD district. Business Parks must be a minimum of 35-acres is size. The subject site comprises approximately 40.88 acres. Business Parks shall adopt standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. The PUD provides standards, which are consistent with the LDC. When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as and arterial in the Transportation Element. The project proposes access to Collier Boulevard, which is classified as an arterial road. Business Parks are encouraged to utilize PUD zoning. The project was submitted as a PUD. The maximum additional acreage eligible to be utilized for a Business Park Sub- district within the Urban-Mixed Use District is 500-acres exclusive of open space and conservation areas. The subject site is 40.88 acres and this is the first project submitted under this Sub-district. ~4rr~ 3 OCT 0 8 2002 Based upon the above analysis, Comprehensive Planning staff concludes this PUD may be deemed consistent with the Business Park Sub-district in the FLUE, subject to a finding of compatibility. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 5,418 Weekday Trips. The project will have not have a significant impact on US 41 or on Collier Boulevard. The project trips will not lower the operational level of service standards on any of the roadways within the project's radius of development influence. The projected traffic volume in 2004 for Collier Boulevard from US-41 to Port Au Prince Road is estimated to be 36,576 AADT (Annual Average Daily Traffic) and results in a Level of Service "C" operation. In addition, US 41 from Rattlesnake-Hammock Road to Collier Boulevard is estimated to have a traffic volume of 26,742 AADT, which results in a Level of Service "B' operation. As a result, the impact of the project traffic volumes on the roadway network is not significant. The site-generated traffic will not degrade the level of service of any of the roadway links within the project's radius of development influence. Therefore, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore. nc, Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity 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. EVALUATION FOR ENVIRONMENTAL~ INFRASTRUCTURE: TRANSPORTATION & The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. The Environmental Review Staff has recommended approval subject to revising the PUD Master Plan to note the minimum acreage of the wetland is 7.93 acres. In addition, the Environmental Advisory Council (EAC) heard this petition on May 1, 2002 and they recommended approval by a 6 to 0 vote. ~ ,~s,lr/"['~/3 OCT 0 8 2002 EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the FLUE, we have an expectation that the land will be used and developed for those non-residential land uses authorized within the PUD. The proposed business park uses are consistent with the GMP, which provides criteria for the location of business park uses. Lastly, after considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility with the adjacent properties to the north, south, east, and west. The petitioner's stated intent is to primarily construct a business park with a variety of uses that includes limited retail uses. The business park uses shall be developed with a unified architectural theme and the proposed park is adjacent to an existing commercial retail outlet mall to the north. To the south is the conservation/recreation area of the Silver Lakes RV Resort PUD. To the east are the undeveloped lands that are zoned "E" Estates while to the west is Collier Boulevard and undeveloped land. In addition, the PUD Master Plan (See Exhibit "C") provides a 25ofoot deep Type "A" landscape buffer along the northern property line. The PUD Master Plan also indicates that the internal access road provides for a possible interconnection with the adjacent land to the east. Therefore, staff is of the opinion that the proposed ASGM Business Park is compatible with the adjacent properties. Furthermore, the application of the architectural theme and landscaping requirements should remove any perception that there are any incompatibilities with adjacent land areas. A~.~3~OA ITEM,O 0[ T 0 8 5 Utility Infrastructure - The site is accessible to a public sanitary sewer and municipal water supply. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDZ-01-1331 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations that have been incorporated into the PUD Document. PREPARED BY:/~ ~R. AY P/~LLOW~3, dH~EF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: /~OSAN MARG.~I~T WUERSTLE, AICP, DIRECTOR PLANNIlqG SERVICES DEPARTMENT DATE APPROVED B~~ _MUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 5, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-1331 OCT 0 8 2002 FINDINGS FOR PUD PUDZ-01-AR-1331 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access to an arterial road, and is adjacent to existing nonresidential development is particularly suitable for a business park project. Conversely, nearby neighboring residents may perceive the proposed increase in non- residential uses as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the proposed ASGM PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes for a mix of business park uses, which is consistent with the GMP (See Staff report). Exhibit "A" OC:T 0 8 2002 J e The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject PUD will be developed with a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent land uses. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD petition will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for commercial and office uses. FINDINGS FOR PUDZ-02-AR-133 I/RVB/I'o AC.~.h~)A ITEM/')_ OCT 0 8 2002 REZONE FINDINGS PETITION PUDZ-01-AR-1331 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed development is in compliance with FLUE of the GMP and with the Business Park Sub-district. (See Staff Report) e The existing land use pattern; The adjacent uses include the Prime Outlet Mall to the north and a preserve area to the south. There is undeveloped Agricultural land to the west across Collier Boulevard. (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Growth Management Plan. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed ASGM Business Park PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP and the Business Park Sub-district. EXHIBIT "B" OCT 20 2 e Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks) made a condition of approval will go a long way towards offsetting any potential adverse influences and will not adversely influence living conditions in the area. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation (setbacks) should serve to ameliorate impact on the nearby residential area to the south in the Silver Lakes PUD. e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. OCT 0 8 2002 10. 11. 12. 13. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. OCT 0 8 2002 3 15. 16. 17. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS/02-AR-133 I/RVB/rb OCT 0 8 2002 OCT 0 8, 2002 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: PUDZ-2001-AR-1331 Date Petition Received:. PROJECT #2001050063 DATE: 8/15/01 Planner Assigned: ~ RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Martin S. Adler Applicant's Mailing Address 4 Caramel Court City Commack Applicant's Telephone # State New York Fax # Zip 11725-1007 Name of Agent R. Bruce Anderson Firm Young, vanAssenderp, Varnadoe & Anderson Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Fl Agent's Telephone # {941) 597-2814 Zip 34108 Fax # 941-597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \~QGMI~SYS~JOB~ADLERkPUDREZON.DOC PAG OCT 0 8 2002 ] C1~[.]6 ~ Name of Agent D. Wayne Arnold, AICP Agent's Mailing Address 3800 Via Del Rey City Bonita Sprin~s Agent's Telephone # 941-947-1144 Firm Q. Grady Minor & Associates, P.A. State Florida Zip 34134 Fax # 941-947-0375 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip Name of Master Association: N/A Mailing Address City State ~ Zip Name of Civic Association: N/A Mailing Address City State __ Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Martin S. Adler Richard L. Schwartz Herbert Garil Marvin I. Meyerson Percentage of Ownership 2/6 2/6 1/6 1/6 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\QGM 1 ~SYS~JOB~DLER~PUDREZON.DOC Percentage of Stocl PAGE OCT 0 8 2002 2OF 16 Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust wit' the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, Corporation, Trustee, or a Partnership, list the names of the contract purchase below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or mast. Name and Address parties, list all g. Date subject property acquired (,/') leased 0: .June 1972Term of lease If, Petitioner has option to buy, indicate date of option: N/A and APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\(~G M ! ~SYS~JOBL~DLER~UDREZON.DOC PAGE yrs./mos. AGENDA I'r''' ' / .re otafion !['_ OCT 0 8 2002 . terminates: , or anticipated closing date ho o Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the oroperty covered by the a_o01ication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 10 Township: 51S Range: 26E Lot: Block: Subdivision: Plat Book . Page #: ~ Property I.D.#: Metes & Bounds Description: Please see attached Boundary Survey and Legal Description Size of property.'.. 687.5 ft. X 2,595 ft. = Total Sq. Ft. 1,784,000 Acres 40.88 + Address/general location of subject oropertv; The site is located approximately lA mile south of Manatee Road on Collier Boulevard. The site is immediately south of the Prime Outlet Center. Adjacent zoning and land use: Zoning N C-4fRMF-16 (8~ S PUD E Estates WA Land use Existing Prime Outlet Mall and vacant residential Silver Lakes RV Resort preserve area Vacant Vacant APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\(~)G M 1 ~ys~IOB~ADLER~PUDREZON-DOC PAC OCT 0 8 2002 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MAY 1 ~ 2002 NAME OF PETITIONERfPROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUDZ-2001-AR- 15 31 ASGM Business Center of Naples Martin Adler Q. Grady Minor & Associates, P.A. Passarella and Associates, Inc. II. III. LOCATION: The subject property is an undeveloped 40.88 acre parcel located on the east side of Collier Boulevard, approximately 1V2 mile south of U.S.41, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. The site is located immediately south of the Prime Outlet Center. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels. ZONING N- C-4 RMF-16(S) PUD (Silver Lakes) Estates R.O.W. PURPOSE/DESCRIPTION OF PROJECT: DESCRIPTION Developed Undeveloped Partially developed Undeveloped Collier Blvd. The petitioner is proposing a rezone from "A" Agricultural to "PUD" Planned Unit Development to allow for a proposed business park development consisting of 40.88-acres. The PUD Master plan limits the development area toga 26--~!~, ITr~ / OCT 0 8 2002 EAC Meeting Page 2 of 8 tract that surrounds a conservation area. The required open space will comprise approximately 12.2-acres or 30 percent of the project. In addition, the proposed business and industrial uses are consistent with the Future land Use Element to the Growth Management Plan. Water distribution, sewage collection and transmission systems shall be constructed throughout the project. Lastly, the subject site is accessed from Collier Boulevard. Ve GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district that is intended to provide locations for residential development. This district also permits non-residential uses and Business Park uses subject to the location and development criteria for business parks as found in the Business Park Sub-district of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density: The FLUE permits business park uses such as those units proposed for ASGM Business Center of Naples PUD. The project is consistent with the criteria that require building coverage not exceed 25 to 40 percent and where landscaped areas provide buffering and rest areas. The PUD document and Master Plan indicate that the project is consistent with the Business Park Criteria of the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected lakes and/or wetlands to provide water quality retention and peak flow attenuation during storm events, nc, B~A ~rr~ ~-~ OCT 0 8 2002 EAC Meeting Page 3 of 8 With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous xvetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the Coun%r". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". OCT 0 8 2002 EAC Meeting Page 4 of 8 VI. Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant corrununities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 15% native vegetation preservation on-site. MAJOR ISSUES: Stormwater Manaeement: The site consists of one (1) drainage basin containing a detention (wetland) area in the middle of the site. The detention area will be created by raising the rest of the site and leaving the detention are undisturbed. The detention area will discharge through a control structure and the discharge will flow west into the 951 canal. The site is located within the Miscellaneous Coastal Basins. There are no County stormwater maintenance facilities in the vicinity of the project. Project will require F.D.O.T. drainage connection permit to authorize stormwater discharge into Collier Boulevard Right-of-way. Environmental: Site Description: The subject property is the site of an abandoned agricultural field that was cleared and ditched prior to 1977. A copy of a 1975 Collier County aerial is attached as exhibit E in the environmental impact statement (EIS). These agricultural activities extended to the north and south of the subject property and can be seen on the above referenced aerial. Approximately a 100 foot wide strip of land on the east side of the project site is the only area that does not appear to have been severely impacted by the agricultural operation. According to the Collier County Soils Map, two soil types are found property, Oldsmar Fine Sand (Unit 16) and Holopaw Fine Sand (U OCT 0 8 2002 EAC Meeting Page 5 of 8 Holopaw Fine Sand (Unit 27) is listed as a hydric soil by the Natural Resources Conservation Service, and is situated on the west-central portion of the site. Descriptions of soils on-site are included in Exhibit G in the EIS. On June 6, 2001, several nails were set in trees, marking biological indicators of wetland water levels. The nail elevations were subsequently surveyed by Q. Grady Minor & Associates. Average ground elevations taken in the wetland were approximately 3.7 feet NGVD. Average seasonal high water level indicators were approximately 4.3 feet NGVD. Based on these survey elevations, recent seasonal high water levels appear to be approximately 0.6 feet above ground surface. Biological indicators of historic water levels were not observed on the subject property. Wetlands: South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands total approximately 20.21 acres. Wetlands on-site include hydric pine flatwoods (0.24 acres), Brazilian pepper (4.72 acres), Melaleuca (1.07 acres), wax myrtle/willow (9.78 acres), and mixed wetland hardwoods (4.40 acres). The limits of SFWMD jurisdictional wetlands and "other surface waters" were reviewed and approved in the field on February 14, 2001 by the SFWMD. SFWMD jurisdictional "other surface waters" identified on the project site include excavated areas and upland soils that were previously cleared and fanned, and have re-vegetated-with a mixture of wetland and upland vegetation. "Other surface waters" identified on the project site include hydric pine flatwoods (0.47 acres), Brazilian pepper (3.39 acres), hardwood-conifer mix (14.57 acres), drainage canal (0.27 acres), and borrow area (0.03 acres). A total of 13.54 acres of impacts to SFWMD/Collier County jurisdictional wetlands are proposed. Project related impacts will be compensated for by enhancing and preserving 7.93 acres of on-site wetlands and "other surface waters", and by purchasing an estimated 6 wetland mitigation credits at Panther Island Mitigation Bank. Details of the mitigation plan have not been finalized, and will be reviewed as part of the SFWMD and U.S. Army Corps of Engineers Environmental Resource Permit for the project. In February 2001, proposed impacts to wetland areas were reviewed in a pre- application meeting with SFWMD staff at the Fort Myers office. Wetland impact areas were considered to be of low quality resulting fi.om historic disturbances to hydrology and vegetative composition. At the time, the SFWMD felt it would be appropriate to mitigate off-site for wetland impacts. Off-site mitigation at Panther Island Mitigation Bank was considered appropriate for this project becau degraded functions, location within a disturbed landscape, and limited )oten~m OCT 0 8 2002. EAC Meeting Page 6 of 8 VII. for long-term viability of on-site wetlands. Wetlands selected for enhancement and preservation on-site exhibit greater potential for long-term viability based on existing wetland hydroperiod and connection with off-site wetlands. Preservation Requirements: As stated in the EIS, 7.93 acres of wetlands will be retained on-site. This exceeds the 15% (6.1 acres) native vegetation preservation requirement in section 3.9.5.5.4 of the Collier County Land Development Code. Listed Species: A listed plant and wildlife species survey was conducted on June 6, 2001 to determine whether the site was being utilized by state or federal listed species. Incidental observations for listed species were conducted while performing FLUCFCS mapping on June 8, 2000 and wetland flagging on January 27, 2001. No listed species were observed during any of these times. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2001-AR- 1331 "ASGM Business Center of Naples" with the following stipulations: Stormwater Manaeement: 1. Any required SFWMD Permits must be obtained prior to site plan approval. Environmental: Amend section 4.603) of the PUD document as follows by adding the underlined language. A minimum of 15 percent (6.1 acres) of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with section 3.9.5.5.4 of the Collier County I. and Development Code. However, this policy shall not be interpreted to allow development in wetlands, should wetlands alone constitute more than the portion of the site required to be preserved. For this site a minimum of 7.93 acres of native vegetation shall be retained on-site. The minimum acreage of the wetland identified for preservation in the environmental impact statement is 7.93 acres. Include this acreage on the PUD master plan. ~,r~OA ~xr~r~ OCT 0 8 2002 EAC Meeting Page 7 of 8 PREPARED BY: JERRY KURTZ ENGINEER gT-EPHE~q f.t~NBERGER ENVIRONMENTAL SPECIALIST . eO (ows REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR DATE DATE ¢./5-.oz DATE DATE OCT 0 8 2002 ~,.~1 EAC Meeting Page 8 of 8 TS~AN MURRAY, AICP ERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: NTA.DMi2STRATOR ENVIRONMENTAL D'ATZE SERVICES ENVIRONMENTAL ADVISORY COUNCIL THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c:EAC StaffReport OCT 0 8 2002 ORDINANCE NO. 02- 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 N'UMBERED 1610N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ASGM BUSINESS CENTER OF NAPLES" PUD LOCATED APPROXIMATELY 1/4 MILE SOUTH OF MANATEE ROAD ON COLLIER BOULEVARD (CR ~)51) IN SECTHON 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.88+/ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 'WHEREAS, R. Bruce Anderson, of Young, vanAssenderp, Vamadoe and Anderson, representing Martin S. Aider, Richard L. Schwartz, Herbert Garil, and Marvin Meyerson, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 51 South, Range 26 East, Collier Count3.', Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the "ASGM Business Center" PUD Document, attached hereto as Exhibit "A" and inco:-porated by reference herein. The Official Zoning Atlas Map numbered 1610N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N COLE'ITA., CHAIRMAN "'?.;'-'."'.;'-'.'-'~ Approved as to Form and Legal Sufficiency ....:..-.-......~ , , -~ ~ /~, , Maqone M. Student Assistant County Attorney OCT 0 8 200z: ! 3N~I A,.Lit3 dO b''4 3-2 11. 12. 13. 14. 15. 16 17 18. 19. 20. 21. 22. 23. 24. 25. 26. F:WUD Documcntsbs~SGM2PUD.doc Electronics and other electrical equipment manufacturing (groups 3612- 3699) Engineering, accounting, research, management and related services (groups 8711-8748) Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099) Furniture and fixtures manufacturing (groups 2511 -2599) Government offices/buildings (groups 9111 - 9222, 9224-9229, 9311, 9411-9451, 9511-9532, 9611-9661) Health services (groups 8011-8049) Industrial and commercial machinery and computer equipment (groups 3511-3599) Industrial inorganic chemicals (groups 2812-2819) Job training and vocational rehabilitation services (group 8331) Leather and leather products (groups 3131-3199) Measurin. g, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812-3873) Medical clinics (groups 8011, 8021, 8041-8049), provided that said use shall be permitted only as a related, accessory use, supportive and incidental to the primary, planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092, 8093) Membership organizations (group 8611, business associations; group 8631, labor unions and similar labor organizations) Miscellaneous manufacturing industries (groups 3911-3999) Motion picture production (groups 7812-7819) revision date AGENOA ITEM/~ OCT 0 8 200E 3-3 27. Motor freight transportation and warehousing (groups 4214 and 4225- indoor storage only) 28. 29. 30. 31. 32. Paper and allied products (groups 2621-2679) Personal services (groups 7211-7219) Plastic materials and synthetics (groups 2821, 2834) Printing, publishing and allied industries (groups 2711-2796) Professional offices (groups 6311-6399, 6411, 6531, 6541, 6552, 6553, 6712-6799, 8111) 33. 34. 35. 36. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) Security/commodity brokers (group 6211) Social services (group 8331) Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) 37. 38. 39. U.S. Postal Service (group 4311) Wholesale trade (groups 5021-5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099, 5111-5159, 5182, 5191-5199) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Be Permitted secondary uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the ASGM Business Center of Naples PUD: 1. Amusement and recreation services (groups 7911, 7922, 7933, 7991) F:~PUD Documents~GM2PUD.doc Child day care services (group 8351) Depository and non-depository institutions (groups 6021-6062. 6091, 6099, 6111-6163) Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health services groups and medical laboratories/research/ rehabilitative groups. revision date OCT 0 8 2002 3-4 5. Hotels (group 7011, up to 26 hotel units per acre density) 6. Membership organizations (groups 8611,8621,8631) 7. Museums and art galleries (group 8412) 8. Personal services (groups 7221-7231,7241,7291) 9. Professional offices: travel agencies (group 4724) Uses accessory to permitted primary and secondary uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the PUD. Caretaker's residence, subject to Section 2.6.16 of the LDC. For primary business park uses, retail sales and/or display areas as accessory to the principal use shall not to exceed an area greater than 20 percent ofth~ gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. 3.4 Development standards A. Minimum lot area: 20,000 square feet. B. Minimum lot width: 100 feet. C. Minimum yard requirements for principal and accessory structures: Front yard: a. Collier Boulevard: Fifty feet (50') b. Internal roads: Twenty-five feet (25') 3. 4. 5. Side yard: Ten feet (10') Rear yard: Ten feet (10') From PUD boundary: Twenty-five feet (25') Distance between structures: If there is a separation principal structures on the same parcel, minimum of 15 feet or a distance equal heights, whichever is the greater. between any two said separation shall be a to one-half the sum of their F:~PUD DocumentsLs, SOM2 PUD.doc Maximum height of structures: Forty feet (40'), except that architectural features and non-structural building elements may be constructed to a maximum height of fifty feet (50'). OCT 0 8 2002 revision date 8/0 2002 I:~. 3'~ 3-5 7. Minimum floor area: One thousand square feet. F:~UD Documents~,SG M2 PUD.doc revision date OCT 0 B 2002 )1/2002 ~ 4-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the ASGM Business Center of Naples project. 4.2 PUD MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 4.3 ENGINEERING mo Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 4.4 UTILITIES mo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Central water and wastewater service will be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. Bo Upon completion, the utility facilities shall be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. Utilities shall be designed in accordance with the Collier County Utilities Ordinance No. 97-17. F:~PUD Documcnts~ASGM2PUD.doc revision date 8/0 AGENDA ITE~ ' OCT 0 8 2002 4-2 4.5 4.6 WATER MANAGEMENT Ao The project shall be designed in accordance with standards of the South Florida Water Management District. ENVIRONMENTAL Ao An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above-mentioned plan. Bo A minimum of 15 percent (6.1 acres) of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with Section 3.9.5.5.4 of the Collier County Land Development Code. However, this policy shall not be interpreted to allow development in wetlands, should wetlands alone constitute more than the portion of the site required to be preserved. For this site, a minimum of 7.93 acres including these wetland areas and native vegetation shall be retained on-site. 4.7 TRANSPORTATION All project access points shall be coordinated with the State Department of Transportation. Co Arterial level street lighting shall be provided by the developer at all project entrances at the time access improvements and infrastructure improvements are installed to support development of each individual tract. Signage and street markings shall be consistent with MUTCD standards. Do Potential interconnection locations to properties north of the ASGM Business Center of Naples PUD are conceptual in nature and the actual location shall be determined by mutual consent of property owners prior to site development plan or final plat approval. 4.8 STORMWATER MANAGEMENT Ao A copy of the South Florida Water Management District surface water management permit, permit modification or waiver shall be submitted to Collier County prior to site development plan approval. F:~UD DocumentsLhSGM2PUD.do¢ revision date OCT 0 8 2002 ORDINANCE NO, 02- 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 161 ON; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ASGM BUSINESS CENTER OF NAPLES" PUD LOCATED APPROXIMATELY 1/4 MILE SOUTH OF MANATEE ROAD ON COLLIER BOULEVARD (CR ~)51) IN SECTION 10, TOWNSHIP 51 SOU'2~, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.88+/ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson, of Young, vanAssenderp, Varnadoe and Andersc representing Martin S. Alder, Richard L. Schwartz, Herbert Gm'il, and Marvin Meyerson, petition the Board of County Commissioners to change the zoning classification of the herein described re property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Colli County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultur to "PUD" Planned Unit Development in accordance with the "ASGM Business Center" PU Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Officia Atlas Map numbered 1610N, as described in Ordinance Number 91-102, the Collier County La] De~'elopment Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count Florida, this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N COLETTA., CHAIRIvlAN Approved as to Form and Legal Sufficiency Mmjorie I~i. Studeni ' Assistant County Attorney AGENDA ITEM OCT 0 8 2002 ASGM Business Center of Naples A PLANNED UNIT DEVELOPMENT 40.884- Acres Located in Section 10 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Martin S. Adler Richard L. Schwartz Herbert Garil Marvin I. Meyerson F:~UD Documcnts~s, SGM2PUD.doc PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 And R. Bruce Anderson, Esq. Young, vanAssenderp, Varnadoe & Anderson 801 Laurel Oak Drive, Suite 300 Naples, Fl 34108 EXHIBIT "A" DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER OCT 0 8 2002 revision date 8/01/2002 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION V EXHIBIT A LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT BUSINESS PARK GENERAL DEVELOPMENT COMMITMENTS ASGM BUSINESS CENTER OF NAPLES PUD MASTER PLAN PAGE ii 1-1 2-1 3-1 4-1 F:~UD Documentsx~ASGM2PU D.doc revision date 8/( OCT 0 8 2002 ii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Martin S. Adler, Richard L. Schwartz, Herbert Garil, and Marvin I. Meyerson, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 40.88± acres of land located in Section 10, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be ASGM Business Center of Naples. The development of the ASGM Business Center of Naples PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, Business Park Subdistrict. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict is to provide for a variety of residential and non-residential developments such as Planned Unit Developments. The ASGM Business Center of Naples PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. o Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of the ASGM Business Center of Naples PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. The ASGM Business Center of Naples PUD complies with the location and development criteria for business parks as found in the Business Park Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code (LDC). SHORT TITLE This ordinance shall be known and cited as the "ASGM BUSINESS CENTER OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". F:hoUD Documents~ASGM2PUD.doc revision date 8/0 OCT 0 8 2002 ~oo2 i~.j~ .. 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the ASGM Business Center of Naples PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The South ½ of the North ½ of the SW ¼ lying east of State Road 951 and the South ½ of the NW ',4 of the SE ¼ of Section 10, Township 51 South, Range 26 East, Collier County, Florida. Consisting of 40.88+__acres. 1.3 GENERAL DESCRIPTION OF PROPERTY The project site is located in Section 10, Township 51 South, Range 26 East. The site is bordered on the north by the Prime Outlet Mall, zoned C-4 and undeveloped property zoned RMF-16 (8); on the south by Silver Lakes PUD; on the east by undeveloped Estates zeroed property, and the west by Collier Boulevard (S.R. 951). The zoning classification of the subject property at the time of PUD application was A, Rural Agriculture. Elevations within the site are approximately 3.75' above MSL, per FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the ASGM Business Center of Naples property is located within flood zones AE (7). The site is largely vegetated and consists of disturbed Pine Flatwoods, Wax Myrtle, Brazilian Pepper and mixed wetland hardwoods. The soil types on the site generally include Oldsmar Fine Sand, Oldsmar Fine Sand Limestone Substratum and Holopaw Fine Sand. Oldsmar Fine Sand represents a majority of the soil types found on the property. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. The project site is located within the Collier County Water Management District Miscellaneous Coastal Basin. Go Industrial, light industrial and commercial uses shall be permitted Business Park designated portions &the project. F:~UD Documents~,ASGM2 PUD.doc revision date 8/01, ~thinc,~A try.. ,, OCT 0 8 2002 OO2 SECTION I1 PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of this Section is to generally describe the plan of development for the ASGM Business Center of Naples PUD, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The ASGM Business Center of Naples PUD will be developed as a business park providing for a mixture of light industrial and non-industrial uses and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed Use District of the Future Land Use Element of the Collier County Growth Management Plan. B: The Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval in accordance with Sections 3.2.7 and 3.3 respectively of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Ao Regulations for development of the ASGM Business Center of Naples PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC and the Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Bo Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Co Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. FAPUD Documcnts'~s,,SGM2PUD. doc revision date AGENDA ITE~ 11/2002 2-2 2.4 Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land that comprises this PUD. Ail conditions imposed herein or as represented on the ASGM Business Center of Naples Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the ASGM Business Center of Naples PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the ASGM Business Center of Naples PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. ROADWAYS Roadways within the ASGM Business Center of Naples PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the fight to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.5 2.6 EXCAVATION Removal of fill and rock fi.om the ASGM Business Center of Naples PUD shall be administratively permitted up to an amount of 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. USE OF RIGHTS-OF-WAY 0tilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director, taking into account engineering and safety considerations during the development review process and prior to any installations. F:~UD Docu ments~,SGM2 PUD.doc rcvision date AGENDA ffF.~./3 OCT 0 8 2002. 2-3 2.7 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the ASGM Business Center of Naples Master Plan. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. Ao Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. Co Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. FSPUD DocumentskatSGM2PUD.doc OCT 0 2002 2-4 2.9 2.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the ASGM Business Center of Naples PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Ground covered berms 3:1 Rip-Rap berms 2:1 Landscape buffers shall be required as shown on the Conceptual Master Plan, Exhibit "A". The Type "B" buffer adjacent to the project's northern property boundary where abutting RMF-16(8) zoned property shall be a minimum of 25 feet in width and shall meet the vegetative height, opacity and landscape standards for Type "B" buffers per Section 2.4.7.4 of the LDC. Landscape buffers, b~rms, fences and walls may be constructed along the perimeter of the ASGM Business Center of Naples PUD boundary prior to preliminary subdivision plat and site development plan submittal. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers, consistent with Section 2.4.7.3 of the Collier County LDC. Landscape berms located within the ASGM Business Center of Naples PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located a minimum of five feet (5') from the property line and/or fight-of-way line. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.2.3. The ASGM Business Center of Naples PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards for business services, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. F:~UD Docun'~'n tsV~SGM2 PUD. doc revision dat OCT 0 8 2002 2-5 All primary and secondary business park land uses shall be subject to Division 2.8 of the Collier County Land Development Code. 2.11 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the ASGM Business Center of Naples PUD. General permitted uses are those uses which generally serve the Developer and residents of the ASGM Business Center of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Community recreational facilities. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 7. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Ten feet (10'). FAPUD Documents~ASGM2PUD.doc revision date AGENOA OCT 0 8 2002 1/2002 ~ 2-6 2.13 2.14 2. Setback from PUD boundary - Fifteen feet (15'). 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Forty-five feet (45'). 5. Minimum lot or parcel area- 15,000 square feet. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with LDC in effect at the time of site development plan approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use projects maintain open space at a minimum of 30% of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever max' be required. SIGNAGE A. GENERAL All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at tt,~c time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. F:kPUD Documents~ASGM2PUD.doc revision dal OCT 0 8 2002 2-7 Co ENTRANCE SIGNS Two ground or wall-mounted entrance signs maybe located at the entrance to the subdivision within the PUD. Such signs shall only contain the name of the subdivision or the insignia or motto of the development. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. o The setback for the signs from the public right-of-way and any perimeter property line shall be 15 feet. DIRECTORY SIGNS One directory sign shall be permitted at the project entry. The maximum sign area shall be 250 square feet and the sign shall not exceed 25 feet in height. The sign shall be set back a minimum of 15 feet from the Collier Boulevard right-of-way. Names of business located on out-parcels shall not appear on directory signs. TRAFFIC SIGNS Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. Roadways within the ASGM Business Center of Naples PUD shall be designed and constructed in accordance with Section 3.2.8.4.16 of the LDC with the following substitutions: 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street fight-of-way width: The minimum right-of-way width to be utilized for public or private local streets and cul-de-sacs shall be forty (40') feet. FAPUD Documents~ASGM2PUD.doc revision dar, ACdT. NOA ITEM ~.-., OCT 0 8 2002 2-8 Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths The primary roadway network serving the ASGM Business Center of Naples PUD shall be required to have a 5 foot wide sidewalk on each side of the roadway, extending from the entrance on Collier Boulevard to the eastern boundary of the northernmost Primary and Secondary Business Park tract. A 5 foot wide sidewalk shall be provided on one side of the remainder of the primary roadway network. Cul-de-sacs serving fewer than four building lots shall not be required to install sidewalks. The general location of the sidewalk system is shown on Exhibit A, Conceptual Master Plan. F:~UD Documents~ASGM2 PUD.doc revision OCT 0 8 2002 3-1 3.1 3.2 3.3 SECTION III BUSINESS PARK PURPOSE The purpose of this Section is to identify permitted uses and development standards for development areas within the ASGM Business Center of Naples PUD. GENERAL DESCRIPTION The approximate acreage of the business park is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. PERMITTED USES AND STRUCTURES A. Permitted primary uses. One-hundred percent of the ASGM Business Center of Naples PUD district acreage is allowed to be developed with the following uses: 1. Aircraft and parts (groups 3721-3728) 2. Apparel and other finished products (groups 2311-2399) 3. Building construction (groups 1521-1542) 4.Business services (groups 7311, 7312, 7334, 7338, 7342- 7389) 5. Communications (groups 4812-4899, including communication towers limited in height to 100 feet and subject to Section 2.6.35.6.2.1. of the LDC.) 6. Construction: Special trade contractors (groups 1711-1799) 7. Depository and non-depository institutions (groups 6011-6163 6019, 6081, 6082) 8. Drugs and medicines (groups 2833-2836) 9. Eating places (group 5812 not including fast foods, walk-up windows and drive-through restaurants) 10. Educational services (groups 8243-8249 8221-8299, 8331) F:WUD DocumentsXASGM2PUD.doc revision date AGEN[)A ITEM ~ OCT 0 8 2002 L Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate~ attach on separate page). No Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: o Rezone Request: This application is requesting a rezone from the A, Rural Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant, Fallow Agriculture Proposed Use (or range of uses) of the property: Business Park Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Regone Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The PUD rezone application proposes development of a 41+ acre business park. subject property is located adjacent to Collier Boulevard, the principal ar linking Naples with Marco Island. The site is also located immediately APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\QGM BSYS~JOB~.DLER~PUDR EZON.DOC PAGE 5 The dj ac~.t to thc , OCT 0 8 2002 'F 16p~.2~'5 Prime Outlet Center. This property is well-suited for the proposed business park use in that it is located in an area that can provide an employment and service center central to residents in the Naples and Marco Island areas. Necessary support infrastructure in the form of water and sewer services are available to · serve the business park. Access to the property is provided from Collier Boulevard (S.R. 951) and the project will be coordinated with the Florida Department of Transportation. Adequacy of evidence of unifted control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The property is under unified control and the PUD provides for the establishment of a common form of on-going maintenance for the internal infrastructure such as water management, roadways and utilities. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed establishment of a business park through the Planned Unit Development zoning application process is consistent with the Collier County Growth Management Plan. The Future Land Use Element, Business Park Subdistrict of the Growth Management Plan establishes the minimum criteria necessary to establish a business park in the Urban area of Collier County. The subject site is located within the Urban area on the Future Land Use Map and the proposed PUD meets all of the criteria identified within the Future Land Use Element. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD is compatible with the surrounding zoning and land use pattern in the area. The PUD includes a maximum of 30% of the site which could develop with retail, restaurant and hotel uses. These uses are restricted primarily to those areas having maximum exposure to Collier Boulevard, adjacent to the Prime Outlet Center. The balance of the site will be developed with business service and light industrial land uses, which are restricted to those uses requiting only indoor storage and/or assembly, thereby, eliminating any concern over noise or odor impacts to surrounding properties. The PUD also contains specific commitments for landscape buffers and building architectural design. A 25' wide landscape buffer is proposed between the common lot lines of the proposed business park and the vacant multi-family resided .t.,d site also abuts the preserve area of the adjacent Silver Lakes RV PUD. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\QG M I \SysXJOB\ADLE R~PUDREZON.DO .C... PAGE OCT 0 8 2002 OFI6 6. The adequacy of usable open space areas in existence and as proposed to serve the development. Currently, the site is vacant and contains mixed upland and wetland vegetation. The Conceptual PUD Master Plan identifies a preserve and water management area in the center of the project which will function as the site's primary open space area. The proposed preserve area also abuts the preserve area of the adjacent Silver Lakes PUD. The project's road and site infrastructure has been located along the property's northern property line in order to retain the largest contiguous area of native vegetation. A minimum of 15% of the mixed-use site is required to be retained in native vegetation. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The rezone application addresses the potential impacts the development will have on the County's water, sewer and roadway systems. The County has adequate capacity currently in place to support the proposed business park. 7. The ab!lity of the subject property and of surrounding areas to accommodate expansion The proposed business park is approximately 40 acres in size and is adequately sized to serve the current and future market. The site does exceed the minimum size threshold established for business parks. Although not under the ownership of the applicant, there are lands available to the north and east that could potentially be utlilized for expansion opportunities. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications o f justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD complies with all requirements of the Collier County Growth Management Plan for a business park use and the Land Development Code requirements for a PUD rezoning. The permitted land uses are also consistent with those established in the Business Park zoning district of the Land Development Code. Establishing the business park through the PUD application process, specific uses and development standards may be established based on individual site, market and land use characteristics. The PUD contains an appropriate mix of land uses and development standards to insure that development will be compatible with surrounding land uses and meet the expressed goals of Collier County in providing well-planned employment centers to provide for a diverse economic base. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 ~\QG M I~SYSLIOB~DLER~PUDREZON.DOC PA OCT 0 8 2002 ;E 7 ~l~~ 10. Deed Restrictions: The County is legally precluded from enfoming deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 11. Previous land use petitions on the subject vropertv: To your knowledge, has a public hearing been held on this property within the last year.9 If so, what was the nature of that hearing7 No Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order t0r your application to bc deemed sufficient, unless otherwise waived during the pre-application meeting. ao A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equal be submitted. Said aerial shall identify plant and/or wildlife hat APPLICATION FOR PUBLIC HEARING FOR PUl} REZONE - 10/98 \\QGM I~SYS~IOBLADI-ER~PUDRF-,ZON.DOC PAGE 400 feet. shall OF[ T 0 8 boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion 'of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments md sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \~QG M I~SYS~JOBkADLER~PUDREZON.DOC PAG~ OCT 0 8 2002 9c :? TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Flour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TlS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. 2. 3. 4. 5. Intersection Analysis Background Traffic Future Traffc Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\QGM I ~SYS~JOB~A D LER\PUDREZON'D .OC PAGE AGENDA ~TEM~'~ I C-) OCT 0 8 2002 OUl~' 16 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS- The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: e Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RI)I): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\~K];M BSYS~JOI~AD LER~PUDREZON.DOC PAG road miles from the 0CT082002 I 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). BackEround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Throu-h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/9~. \\QG M I ~Sys~IOB~AD LER~PUDREZON.DOC PAG AGENOA OCT 0 2002 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST :~. NAME OF APPLICANT: O. Grad¥ Minor & Associates, P.A. MAILING ADDRESS: 3800 Via Del Rey CITY Bonita Springs STATE Florida ZIP 34134 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 10 Lot: Township: 51S Block: Subdivision: Range: 26E Plat Book Page #: Property I.D.#: Metes & Bounds Description: Please see attached Boundary_ Survey and Legal description (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [--I c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 ~\QGM ! ~YS~IOI~ADLERkPUDREZON.DOC 0 0 PAGE 13 O AC~I~A Ili~ OCT 0 8 2002 7. TOTAL POPULATION TO BE SERVED: Equivalent Population = 1,746 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK Mthl¥ = 261,938GPD AVERAGE DAILY 174,625 GPD Peak Hour = 698,500 GPD B. SEWER-PEAK Mthly = 227,013 GPD AVERAGE DAILY 174,625GPD.. Peak Hour = 634,040 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2002. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable, proposed development to be connected to the Collier County Utility System. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10117/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 \\QGM I~.qys~JOBXADLF. RXPUDREZON. DOC PAG! AGENDA ITEIVm~-. OCT 0 8 2002 O. GRADY MINOR & ASSOCIATES, P.a. Civil Engineers-Lond Surveyors-Plonners 3800 Vio Del Rey Bonito Springs, Florido .34134 (941) 947-1144 .4 FFIDA I 'IT tl'e. Martin S. Adler~ Riclrard L. Schwartz~ Herbert Garil~ and Marvin I. Meyerson bein$first du!v sworn, depose and a'a.}' that u'¢ are thc owners of thc property described hereto a/;d which is th~ sub/ect matter o. f th~. proposed hearing; that all the an~wvers to the quest;.ons in this ap~hcatton, tnclud[ng the disclosure of'interest iM. &rmatior., all sketches, data, and other supplementer)' matter attached to and made a part of thts application, are I'~onest and true to the best of our kno~'ledge and belief R'e understand that the t'nfbr:nation requested on this application must be complete anal accurate a,~d that th~ conten~ of this form, whathzr cam?uter generated or Coanth.' printed zP, al/ not be altered. ?ubHc he~rmg~ will not be advertised until this appltcatzon is deemed comply:/e, and all required i~grmation has 5een submitted. As prc~per.ty aw~er We fi~r~her attthori, ze g. Bruce Anderson and D. Wayne Arnold to act. a.~' represent~m any matters regardtng thts IDctitton. ..................... Sight, ute csr~ral>~rOi ~(ner Signature ctf P~ope T)~ed o,' ]>r~nt~'~~'ncr T).ped or P,'inted :X~me of Owner The fiJregoing tnstrument **g~s a~-n~,?ledged before me thts ~ ~ day a ~~ r as ident~ication. ~ State of ~ ~ ~ ~ ~ CaunO: (Print, T)~e. or Stamp Commis~'!c~d EILEEN I. G~OSS ,Vame q'Notao' Public) ~ote~ Publi~. Stale of New Y~ ~mmi~ion E~itea Feb. 8, ITEM OCT 0 8 2002 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 02-35 TO CORRECT A SCRIVENER'S ERROR IN SECTION 3.5 - DEVELOPMENT STANDARDS OF THE WINDING CYPRESS PUD THAT IS LOCATED ON TIIE EAST SIDE OF COLLIER BOUleVARD (C.R. 951) IN SECTIONS 26 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COI-I JER COUNTY, FLORIDA. OB3ECTIVE: To have the Board of County Commissioners correct a scrivener's error within Section 3.5 of Ordinance 02-35 (the Winding Cypress PUD) to correct certain typographical errors in Tables I and II of the PUD Document that is consistent with the Collier County Growth Management Plan and Land Development Code, which is in the best interest of the community. CONSIDERATIONS: The Board of County Commissioners on June 25, 2002 approved ordinance 02-35. This action provided for the rezoning of the subject 1,928-acre site from PUD from to PUD for the purposes of amending Tables I and II of the PUD Document in order to provide development standards for a specific dwelling type. Planning Services Staff subsequently discovered that the Two-family dwelling type was inadvertently left out of the Duplex category of Tables I and II in the final draft that was submitted by the applicant. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment. FISCAL IMPACT: It should be noted that this scfivener's error is only to reflect the correct category name for the development standards that was approved by the Board Of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) couldn't have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 02-35. PREPARED BY: LLOWS, CHIEF PLANNER CURRENT PLANNING SECTION /.18.0L DATE REVIEWED BY: CURRENT PLANNING SECTIQN ,._ t3 / . / .,~ MARGARET ,_ .~ER§TL~, ~CP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE JOS ,~,~ K. SCHMIT~ ADMINIS'I~RATOR CO:UNITY DEV. AND ENVIRONMENTAL SVCS. ATE Scrivencr's Error/EX SUMMARY/AR-3077/RVB/rb 2 ORDINANCE NO. 02-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 02- 35, TO CORRECT SCRIVENER'S ERRORS TO WINDING CYPRESS PUD, SUBSECTION 3.5, DEVELOPMENT STANDARDS, TABLES I AND II SETTING FORTH DEVELOPMENT STANDARDS FOR "R' RESIDENTIAL AREAS - TRACTS A AND B; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 02-35, an Ordinance amending the Winding Cypress PUD on June 25, 2002, and WHEREAS, following said action adopting Ordinance No. 02-35, Planning Staff was advised that certain typographical errors were made in Tables I and 1I of the Ordinance providing for development standards for residential areas in Tract A and Tract B respectively and their correction constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO CORRECT ERRORS IN THE DEVELOPMENT STANDARDS TABLES FOR "W' RESIDENTIAL AREAS TRACTS A AND B CONTAINED IN SUBSECTION 3.5 OF ORDINANCE NO. 02-35, THE WINDING CYPRESS PUD Subsection 3.5, Development Standards, of ordinance No. 02-35, the Winding Cypress PUD, specifically Tables I and II setting forth development standards for Tracts A and B, is hereby amended to read as follows: TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT A SINGLE PATIO's & TWO SINGLE FAMILY MULTI- FAMILY ZERO LOT ~ ATFACHED & FAMILY DETACHED LINE DUPLEX TOWN HOUSE Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF Minimum 35' 35' 35' 20' 100' Site Width Minimum 65' 65' 100' 40' 90' sit~ D~pth Front Yard Setback 15' '~ 15"m 15' '~ 15"4 15"4 (Principal and Accuray) Rear Yard Setback 10' 10' 10' 10' 20' (Principal) Side Yard Setback 5' .s 5' 5' 7.5' Side Yard Setback 5' '~ 5' 5' '~ 5' (^cxeaso~) - '~ Rear Yard Setback 5' 5' 5' 5' 7 10' Maximum Height -3 35' 35' 35' 50' 50' Distance Between N/A N/A N/A I 0' 15' Principal Structures Words ~--':k '.hrc'_'g.': are deleted; words underlined aze added. OCT 0 8 2002 IM - mumFl°°r I 900SF I 900SF I 900SF I 750SF I ?50SF shall be measwed ftomtheedgeofpax~nmt TbealleYensemem s~all bearnintmUmof20'wide, m~ IO'[mvemunL ~ ·rchi~::lural fearers such a~chways, arbor~ and c~mTwd eniD' featmes shall be e~J~mpt f~m tbe minimum ~ ~u~ ~ ~. Minimum lot areas fa' any unit type may be exceeded. The unit type, and not tbe minimum lot ama, shall define the development stand·his ~0 be applied by the Customer Services Dqmtmunt du~ng an application fa' · buikiing permit. For ·11 patio or z~o le~ line units, a cceceptual e~d~bit sbmvmg typical buikling configutatiun shall be submitled m Custun.et Se~4ces Department ~i~ tl~ applicatiun for ~ first bmlding iletmiL The ~ ~dll'bit ~lly be AIl distances a~ in feet unless eeetwise need. A. If ~he I~lrCel is sa'red bY a Public ~gh~'of-waY, mbnck is measu~d frmn tbe adjace~ right-of-way ~. Sidevmlks *hMl be located m ~e right. of-way. B. ff the Parcd is served by & pti~te r~d, sett~ck is measm~zl from the back of curb (if cud~ed) or edge of pavemmt (if not txM~ed). *1 This setback shall be m:luced to I 0' for side uney garage~ front pe~hes, und combination f~t pc~l~mt m~ ~. *2 'l'be side ccrnor sethack shall be the same as lbe required f~mt i~ineipnl structure setback. "3 Height shall be me:asu~d from the firs~ habitable finished floor e. lev~ttiun of Ibc unit. *4 Seth·ok Io be measuned fium edgt of pnvemmt c~r back of crab, ~ehicheve' is applicable, of rtmd Ihat serves Ibc uniL *5 Side yard sefl~ack shall be either 0' un une side and 10'unu%eothe~.or3'-I"ununesideand6'-ll"onlbeo~er. *7 Acces~ Pool Enclo~n~/sc~m lanai setback ft~rn Lake Mainlenanc~ Easemmt may be ~duned w 0' pe~,4~ed an:~Mecmral bank ~atment is *$ A Patio Home is a ~lanbed or serm.~etach~ unit for a single family wilh une (I) dwelling unit from ground Io roof whemn enc~ d'~,,ellinlt unit k~ is ~--Josed bY a wall k~-.amd at the lot line, thus creating a p6vate yawl beta~,~m Ibc home and the wall TABLE II WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT B SINGLE PATIO's & TWO SINGLE MULTI FAMILY FAMILY ZERO LOT FAMILY & FAMILY DWELLINGS'6 DETACHED LINE DUPLEX ATTACHED TOWNI-IOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF '~ 3,000 SF NA Minimum Lot Width '~ 75 50 35 30 NA Minimum Front Yard Setback (Principal and 20 20 20 20 20 Accessory) Minimum Front Yard for Side 12 12 12 12 12 Entry Garage Minimum Rear Yard Setback 0%incipal) 10 5 i 0 10 .5 BH Minimum Rear Yard Setback'~ (Accessory) 5 5 5 5 10 Minimum Side Yard 7.5 0 or 5*s 0 or 7.5 0 or .5 BH .5 SBH Setback Maximum Heig~ht n 40 35 35 35 65 Floor Area Minimum (SF) 1500 SF 1200 SF 1200 SF 1200 SF 1000 SF'~ Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BH: Building ["lei~ht SBH: (Sum of Building Heights): Combined height of t,*o ~dJac~nt b~ild~s fa' the purpese of demminin~ setback n~qu;. .... Minimum lot areas fa' any unit type may be exceeded. The unit type, and not t~ m~nimum lot ~ shall define the development standards lo bi: applied by Ihe Customer Se~rices Depa~me~! during an application for a buiMing permit. For all ~ or ~ k~ line units, · bwldmg configurations shall be subdued ~o the C. us~mnn' Services De~a~nmt ~i~ t~e appt/catiun for the first buiMing pe~rit The eunceptual exhibit may AIl distances ·ne in feet unless olbet~4~e noted. Any s~na:to~ mote than two st~ies in height ~1! nmmlain a 20 foot n~nbrunn building separation. Flag Iou shall ha~ no mmimum lot ,,v~d~ but will meet Ioe ave· ~luizmmls Words :t.-::k ~reggh are deleted; words underlined nrc added. kGENOA ITEM OCT 0 8 2002 A. if the i~el is ~rv~l by n imb~ right, of.w~y, s~,ack is mmsu~l from ~he adjacent right~f-~y I~. Sidewalk~ shall be Ioca~nd in lhe right-or- B. ii- the p~:el is se~,ed by a privntu mad, semimack is measm~ f~m Ik back of cuFo 0f cu~ed) °r ed~ ~ ~t (~f ~ ~)' "1 - Sel~ck from lake for ·11 ncces~ry ~ may he 0 feel p~vidin· a~hii~ciuml bank ~almmt (such as ~ulkhend or ~aining wall) is incoqmeraled inlo '2 - Building height shall be ~e v~cal dim~nnce mmsu~d from lhe fi~ ~abimble finished ~ ¢{~=v~uou Io the uppermmt finished ceiling elevatim~ or,he ~'3 - IF. ach half of· dupk'x unit ~qu~s a lot ~en ·llc, ca~ of 3.500 S.F. for · ~ minimam int men of 7,DO0 S.F. "4- Minimum Io~ width ma)' he ~ueud by 20~ for c~{-de-sac k~s ~ minimum in~ a~a requit~'~e~t is still nmintained. '~6 - Multi-family shall include muFti-family units as de~u~d in Co~ier Courtly {..DC nnd as~isl~d living fa~ilitiea/con {~-~a~e ~ fa~lifies. '8- A Pav~ Home is · de~nched or semi-de~:hed unit for · sin~e family with one (I) dv,~lling unit from ~uund ~o roof whe~n each dwellU~ unR lot is ~n,,clmed by · wall {oca~l ~t ~he Io~ line. thus c~aUng a pfiva~ ynnt he~v,'~n ~he house and lhe wall. SECTION THREE: 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 Collier County, Florida, this ~ day of ,2002. AWl'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to Form and Legal Sufficiency Marjo~-e I~l.~Student - r Assistant County Attorney Scrivener's Enor/f/RVB/rb JAMES N. COLETTA, CHAIR.tvLA~ Words r..t.~ck ~:=::gh arc delel~l; words underlined arc added. OCT 0 $ 2002