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Agenda 11/05/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP:3 IND: 1 CV:0 AGENDA November 5, 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 SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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 THE TIME IS ADJUSTED 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 November 5, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Donald G. Roth, Moorings Presbyterian Church 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. October 8, 2002- Regular Meeting SERVICE AWARDS PROCLAMATIONS Proclamation to recognize the efforts of the Sheriff's Basic Pistol and Firearms Safety Course. To be accepted by Lieutenant Wayne Brown, Retired Captain Larry Vanston and Sergeant Kevin Richards. Proclamation recognizing the Professional and Volunteer Firefighters and their agencies for their beneficial training. To be accepted by Chief Bob Schank, East Naples Fire Department and Deputy Chief Orly Stolts, North Naples Fire Department. Proclamation recognizing the gratitude and appreciation to the Parks and Recreation Department. To be accepted by Maria Ramsey, John Veit and Staff of the Parks and Recreation Department. PRESENTATIONS PUBLIC PETITIONS A. Public Petition request by Jim Kramer regarding information contained in fax request. 2 November 5, 2002 B. Public Petition request by Angela Robinson to discuss Naples Jaycees 2003 July 4th Festival and Fireworks Display. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS PUDZ-2001-AR-798, Tim Hancock, AICP, of Vanasse Daylor, LLP, and R. Bruce Anderson of Young, VanAssenderp, Varnadoe and Anderson, P.A., representing Baldridge Development, inc., requesting a rezone from "A" Rural Agricultural and "A" Rural Agricultural with "ST" Special Treatment Overlay to "PUD" Planned Unit Development to be known as the Baidridge PUD for a maximum of 125,000 sq. ft. of retail and general commercial uses for property located on the Southeast Corner of the Intersection of Pine Ridge Road (C.R. 896) and Livingston Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 16.8 acres. RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. C. Approval of the "Citizens Corps" Advisory Council Ordinance appointment of the eleven (11) voting members of the Council. and De DOA-2001-AR-1638, Robert L. Duane, AICP, of Hole Montes Inc., representing Hardy Development Group Inc., requesting an amendment to the Pelican Strand DRI for the purpose of reducing the number of dwelling units from 1,200 to 1,160 and to allow for the option of 120 dwelling units to be developed within the commercial portion of the DRI in lieu of 140 hotel/motel units for property located at the intersection of Immokalee Road and 1-75, Pelican Strand Subdivision, in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida. (Companion to PUDA-2001-AR-1639) Eo PUDZ-2001-AR-1639, Robert L. Duane, AICP, of Hole Montes Inc., representing The Strand Ltd., a Florida Limited Partnership, requesting a rezone from PUD to PUD for the option of 120 residential units in lieu of 140 motel/hotel units for property located at the intersection of Immokalee Road and 1-75, Pelican Strand Subdivision, in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA-2001-AR-1638) 3 November 5, 2002 Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, to amend the eligibility criteria for impact fee deferrals for rental dwelling units to include modular homes and mobile homes in order to facilitate impact fee deferrals totaling approximately $204,984.12 for a transitional housing facility currently being developed by the First Assembly of God. This item has a Time Certain of 1:00 p.m. Adoption of an Ordinance amending Chapter 74 of the Collier County Code oT Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, by establishing a geographic overlay for the Immokalee Area and providing for a Component Road Impact Fee Deferral Program to mitigate the economic effects of increased road impact fee rates. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Council. Emergency Medical Services Advisory B. Appointment of members to the Golden Gate Estates Land Trust Committee. C. Appointment of members to the Health and Human Services Advisory Committee. 10. COUNTY MANAGER'S REPORT Approve Supplemental Agreement No. 4 to the Professional Services Agreement with CH2MHILL, Inc., in the amount of $98,453, for the design of Vanderbiit Beach Road from Airport-Pulling Road to Collier Boulevard, Project No. 63051. (Norman Feder, Administrator, Transportation) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Right- of-Way and Stormwater Retention Sites in Fee Simple Title, as well as Perpetual, Non-Exclusive Road Right-of-Way, Drainage and/or Utility Easements, and Temporary Driveway Restoration Easements, and Temporary Construction Easements, which will be required for the Construction of Roadway, Drainage and Utility Improvements for the Vanderbilt Beach Road Six-Laning Project from Airport-Pulling Road to Collier Boulevard (Project No. 63051). Fiscal Impact: $4,088,000. (Norman Feder, Administrator, Transportation) 4 November 5, 2002 C. Review and approve the FY 2003 Work Plan for the County Manager. Mudd, County Manager) (Jim Approval for the recording and filing of a Claim of Lien for Encore Senior Village for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Eo Approval for the recording and filing for a Claim of Lien for Aston Gardens at Pelican Marsh for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing for a Claim of Lien for Arden Courts at Lely Palms and Manor Care at Lely Palms for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing for a Claim of Lien for Canterbury House at The Vineyards for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for The Carlisle for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Windsor Court for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Terracina Grand for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Summer House Assisted Living, Inc., for unpaid impact Fees. (Joseph K. Schmitt, Administrator, Community Development) 5 November 5, 2002 Em Approval for the recording and filing Commons for unpaid impact fees. Community Development) of a Claim of Lien for Greenfield (Joseph K. Schmitt, Administrator, Me Approval for the recording and filing of a Claim of Lien for Homewood Residence for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Approval for the recording and filing of a Claim of Lien for Merrill Gardens for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) Oo Approval for the recording and filing of a Claim of Lien for Bentley Village for unpaid impact fees. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - Ali 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Code Enforcement Lien Resolution approvals. 6 November 5, 2002 2) Petition CARNY-2002-AR-3209, Reverend Joseph Spinelli, OSA, St. Elizabeth Seton Catholic Church, requesting a Permit to conduct a carnival from November 6-10, 2002 on church property located at 2760 52nd Terrace SW, Golden Gate City, FL. 3) Approval of the Satisfaction of Lien for Code Enforcement Case No. 2002- 002 styled Board of County Commissioners Collier County, Florida vs. William Seward regarding violation to Ordinance No. 91-102, Section 3.9.3 and 2.7.6(5) as amended of the Collier County Land Development Code. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-017 styled Board of County Commissioners Collier County, Florida vs. Andres and Olga Hernanclez regarding violation to Ordinance No. 91- 102, Section 3.9.3 as amended of the Collier County Land Development Code. 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-030 styled Board of County Commissioners Collier County, Florida vs. Mini Max Market, Inc., regarding violation of Sections 2.7.6(1) and (5) of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-074 styled l~oard of County Commissioners Collier County, Florida vs. Penelope P. Maroules regarding violation of Section 6, Paragraph B1 and 2 of Ordinance No. 2000-68 of the Collier County Noise Ordinance. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-052 styled Board of County Commissioners Collier County, Florida vs. John and Sheila Barry regarding violation of Sections 2.6.20.1.2,2.6.20.1.5,1.5.6 and 2.1.15 of Ordinances No. 91-102, as amended of the Collier County Land Development Code. 8) Recommendation to approve the clearing of Tracts F and G of the of the Saba! Bay Commercial Plat located at the Southwestern Corner of US 41 and Thomasson Drive, bounded on three sides by the C.D.C. PUD (F.K.A. Collier DRI) and on the fourth side by U.S. 41. The total area to be cleared is 1.88 acres. 9) Request to approve for recording the final plat of "Quail West Phase III, Unit Five". 10) Approval of a Budget Amendment recognizing additional revenue in the amount of $683,441 for Fiscal Year '03 and additional revenue in the amount of $190,548 for Fiscal Year '02 to the State Housing Initiative Partnership (SHIP) Program. B. TRANSPORTATION SERVICES 7 November 5, 2002 1) 2) 3) 4) 5) Approve Work Order for $453,264.80 for Construction Engineering and Inspections Services by Johnson Engineering, Inc., for Immokalee Road/i- 75 Interchange Improvement Project No. 66042. Recommendation to award Bid #02-3406 - Annual Contract for asphalt and related items to Better Roads Inc., Bonness, Inc., and APAC-Florida Inc., for the approximate annual amount of $3,000,000. Approve an Amendment for $108,110 to contract for the construction engineering and inspections services by KCCS, Inc. for Livingston Road Phase II (Golden Gate Boulevard to Pine Ridge Road) six-lane improvements, Project No. 60071. This item has been deleted. Approve a Budget Amendment and Change Order with Better Roads Inc., for median modifications on Airport-Pulling Road in the amount of $20,618.95; Project #60175. 6) Award Work Order No. WD-015 to Douglas N. Higgins, Inc., for Lake Kelly Ditch Improvements (Project No. 51801) in the amount of $264,012.55. 7) Approve an Easement Agreement and accept an Access Easement which is required for periodic maintenance of the Golden Gate Main Canal under the bridge constructed at 13th Street SW (Project No. 60012), Fiscal Impact $20,100. 8) Recommendation to declare four (4) nuclear testing gauges as surplus and approve the sale and disposal of each nuclear testing gauge as described herein (Bid #S02-3423). 9) Approve a Budget Amendment to establish for the alternative Transportation Modes Department in the amount of $180,500. PUBLIC UTILITIES 1) Waive the $500,000 Upper Limit for Contract #02-3359: "Annual Contract for Telemetry Services" and approve the Work Order to Dataflow Systems in the amount of $717,160. 2) Approve funding and authorize the execution of the appropriate contracts for process and capacity improvements at the North County Water Reclamation Facility (Project 73251), in the estimated amount of $529,100. 3) Authorize conveyance of a utility easement to Florida Power and Light Company for the installation of underground electric facilities to serve the North County Water Reclamation Facility (NCWRF) Deep Injection Wells to be located at the NCWRF Property, the cost of which should not exceed S30.00. 8 November 5, 2002 4) Approve Staff and Coastal Advisory Committee recommendations to disapprove a TDC Category "A" Grant Application for the installation of a Sand Web System (Porous Groins) along one mile of Naples Beach in the amount of $1,000,000. 5) Adopt a Resolution authorizing the Public Utilities Administrator and the Public Utilities Engineering Director to execute Grant Applications, Permit Applications, Reports and other Documents that pertain to the construction of Public Utility Improvement Projects in Collier County. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $28.50 to record the liens. 7) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 8) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 9) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 10) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $28.50 to record the liens. 11) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $46.50 to record the liens. 12) Approval of Contract S0055 with the Florida Department of Environmental Protection (FDEP) to participate in the Enhanced Small Quantity Generator Pilot Program and necessary Budget Amendment in the amount of $20,000. 13) Accept a Utility Easement for Water Mains located within LaPlaya Golf Club Property, at a cost not to exceed $600. 9 November 5, 2002 14) Approval of a Second Amendment to Lease Agreement with the City of Naples Airport Authority to extend the lease term for the Naples Transfer Station Property at a first year annual rent of $36,384. 15) Approval of a First Amendment to Lease Agreement with Carlton Lakes, LLC, to extend the lease term for an additional eleven months for a total revenue of $8,400. 16) Approval and Execution for Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal Impact is $6.00 to record the lien. 17) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $33.00 to record the satisfactions. 18) Approve the Satisfaction of Lien Documents filed against Real Property for Abatement and Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $180.00 to record the liens. 19) Accept a Utility Easement for the construction of a 16-inch Reclaimed Water Main along the Southerly side of Davis Boulevard for Radio Road/Davis Boulevard Project No. 74035 at a cost not to exceed $400. 20) Approve a Work Order for Phase 2 of Project 90527, County-Wide Sand Search, in the amount of $89,805. 21) Approve an Easement Agreement and accept a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $3,400. PUBLIC SERVICES 1) Authorization to employ a 4H Program Assistant to provide expanded learning for students in Immokalee and to accept funds of $23,370 from a private donation. 2) Approve the Annual 2002 Report of the Collier County Film Commission. 3) Approval to secure a First Amendment to License Agreement with United States Department of Agriculture Natural Resource Conservation Services for the continued use of County-Owned office space at the Collier County Agriculture Center that will net the County a first year revenue of $13,902.45. 4) Approve an Interlocal Agreement for Advanced Life Support Training between Collier County and the North Naples Fire Control and Rescue District. 10 November 5, 2002 5) Authorize two Budget Amendments, the first recognizing Community Development Block Grant Revenue in the amount of $60,000 for the Social Services Department to provide prescription medications to Iow income residents in Immokalee, and the second to reduce the FY03 Social Services Client Assistance Expenditure Budget and increase the General Fund (001) Reserve for Contingencies by $60,000. E. ADMINISTRATIVE SERVICES 1) Approval to utilize State Contracts for purchase of furniture and floor covering over $25,000, 2) Approval of a Budget Amendment to Fund 516, Property and Casualty Insurance, to correct a deficit in Claims Expenditures for FY02. 3) Approve Staff's short list for Architectural Services for the design of the new Fleet Facility, RFP #02-3422. 4) Recommendation to enter into Contract with Rapidigm, Inc., to provide Information Technology Services pursuant to the implementation and maintenance of SAP Financial Management System. COUNTY MANAGER 1) Approval of Budget Amendment Report- Budget Amendment #03-047 for $4,600.00; #03-050 for $24,241; #03-057 for $14,540; and #03-058 for $5,000. Gm AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Resolution opposing a proposed amendment to the Florida Constitution which would allow the Florida Legislature to propose amendments to the Miami-Dade County Home Rule Charter. (Commissioner Coletta) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 11 November 5, 2002 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 2) 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. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 118B, 818B1 and 818B3 in the Lawsuit Entitled Collier County v. John A. Pulling, Jr., Trustee of a Land Trust Agreement dated January 2, 1991, et al, Livingston Road (Pine Ridge Road to Immokalee Road) Project in the amount of $13,671.65. 2) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 705 in the Lawsuit entitled Collier County v. Daniel F. Johnston, et al, (Goodlette Frank Road Proiect) in the amount of $874.18. 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 Ti-iE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. VA-2002-AR-2432, Stan Wittemore, representing W. Belden and Georgelle Burns, requesting a 5-foot rear yard variance from the required 30 feet to 25 feet for property located at 275 Kings Way, further described as Lot 13, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. VA-2002-AR-2445, Douglas R. Eaton, PSM, representing Ben Arledge, requesting a variance in the Estates "E" Zoning District from the required 75 foot front setback along NE 33rd Avenue (South Boundary), to allow a 30 foot wide front setback for property located at 4175 33rd Avenue NE, further described as Lot 70, Golden Gate Estates, Unit 67A, Plat Book 9, Page 47 as recorded in Collier County Public Records, Collier County, Florida in Section 21, Township 48 South, Range 28 East, Collier County, Florida. 12 November 5, 2002 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383,, 13 November 5, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 5, 2002 ADD ITEM 5(A): Presentation by the Property Rights Action Committee (PRAC) of the Klamath Shovel and Bucket from the Sawgrass Rebellion to Commissioner Coletta. (Staff request.) MOVE ITEM 6(A) TO 11(A): Public Petition request by Jim Kramer regarding information contained in fax request. (Commissioner Henning.) DELETE ITEM 10(L): Approval for the recording and filing of a claim of Lien for Greenfield Commons for unpaid impact fees. (Staff request.) DELETE ITEM 10(M): Approval for the recording and filing of a Claim of Lien for Homewood Residence for unpaid impact fees. (Staff request.) DELETE ITEM 10(O): Approval for the recording and filing of a Claim of Lien for Bentley Village for unpaid impact fees. (Staff request.) ADD ITEM 10(P): Approve Budget Amendment and Dredging Contract for Wiggins Pass Emergency Maintenance Dredging, not to exceed $100,000. (Jim DeLony, Administrator, Public Utilities.) MOVE ITEM 16(C)2 TO 10(Q): Approve funding and authorize the execution of the appropriate contracts for process and capacity improvements at the North County Water Reclamation Facility (Project 73251), in the estimated amount of $529,100. (Commissioner Henning .) MOVE ITEM 16(C)5 TO 10(R): Adopt a Resolution authorizing the Public Utilities Administrator and the Public Utilities Engineering Director to execute Grant Applications, Permit Applications, Reports and other documents that pertain to the construction of Public Utility Improvement Projects in Collier County. (Commissioner Henning.) MOVE ITEM 16(D)4 TO 10(S): Approve an Interlocal Agreement for Advanced Life Support Training between Collier County and the North Naples Fire Control and Rescue District. (Commissioner Carter.) MOVE ITEM 16(E)4 TO 10(T): Recommendation to enter into contract with Rapidigm, Inc., to provide Information Technology Services pursuant to the implementation and maintenance of SAP Financial Management System. (Commissioner Coyle.) PROC~.A~A T~ON ownership of firearms is at an all-dine high in this county; and, WHEREAS, maintain thee weopon~ before they are brought into the home; and, WHEREAS, re¢oF~tintj the nted for ¢itizan trdnintj in t~= s~ci=l skills, WHEREX$, ret/red Capt. Larry Vanston, and o cnd~ of "Rod WHEREAS, this Io~-stondi~ pol~lor, pro?-nm has impm*ted these ski/Is on to hundreds of ¢itizen~. of Collier County, FIoMda, ~c~nizes the efforts of the inst~ctors in this washy endeavor, thmby makin9 Coil/er Caun~ a ~a~er place ta work an~ DONE AND ORDERED TH~$ §th Day of November, BOARD OF COUNTY CO~H~f£~SZONER$ COLLIER COUNTY, FLOi~DA A TTEST: j~H COLETTA, CHAZR~fAN DWZGHT E. ~O~K, CLERK NOV 05 2002 Pcj. '~ · ' ?MOC~A~ATZON Wi4EI~EA$, ~VHEREA$, the t~otg, ssian~l ~ Volunteer I:Jrth'~htees throotjho~rt the State of Florida or~ un txtremely ~l~ble asset io l~ovidin~ for the theft it a cundnui~j need £or qualHy trainin~ to enable public fir~'.qhter~, to maintain ~heJr Mt/lit; and, to satiric/this need, the ~n.eat Florida ?irt ~chool was developed to prodde this ~ra/nin~ in a comprehensive and ecanomical way; and, Collier Cmmly ht~ t~e laridle~e of hastim, l the t;reat I~lor/da P/re ~chool fr~m November 7~ through 10~, ~002; and, ti' V/NE~EA$, to fulfill have been and, NOV/ County, agencies DONE AND ORDERED TI4X$ §th Day of November, 2002. its the Association and County. Commissioners of of Cai/let and trainin9. BOARD OF COUNTY COA41t~T$$_rONER$ COLIIE~ COUNTY, ?LO. DA PROCLA~A TXON WHEREAS, WHEREAS, all of Collier Courtly ~membered with sorrow and a renewed sense of ~io~m the ~gic events of ~ptember ~ ~, ~7, a~ $~led ~ find a way ~o ~r/y ho~r fhe ~casion; sta£f o£ the Parks ond Recreation ~partment recognized that ~merican ~la~ i~ the most ~ou~ s~bol o~ our national ~i~ a~ the ~phic ~ssion of o~ dea~s~ ~lues-co~, Y~edom, aM~li~-,aM co--ired of the idea fo emblazon flag u~n ~he I~sca~ of fhis Count; and, ~/n ~o ~int a ~8~-by-~-~oot American Yla9 ac~s ~o s~cer ~ields a~ ~he Vineya~s Commun/~ Park; and, the completed project was a magn/£icent ~ribute to the grave sense of loss and resolve of spirit that a~'tends all Americans' hearts w/th regard to the September 2 2tn a~tacks. NOVJ THEREFORE, be it proclaimed by the Board of Counly Commissioners of Collier County, Florida, gret/tude and appreciation is ex~ended to the Parks and Recreation Department and/ts creatively expressing the collective sorrow, pr/de, and patriotism of Co/i/er County one year after the terrorists a~'tacks o£ September 22, 2002. DONE AND ORDERED TH-rS §th Day of November, 2002. BOARD OF COUNTY COAfNL~$$-rONER5 COLIZER COUNTY, FLOI~DA ATTEST: ,T~tl4 COLETTA, CHAZRA4AN DNIXGHT E. BROCK, CLERK AGEN~)A ITEM NOV 05 2002 COLLIER COUNTY MANAGER'S OFFICE October 23, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Ddve Naples, FL 34110 Re: Public Petition Request Regarding Information Contained in Fax Request Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 5, 2002, regarding the items listed on your letter faxed to this office on October 22, 2002 (attached). Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney NOV - 5 2 '32 PUBLIC PETITION REQUESTS 11/5/02 1) 2) 3) Enforcement of county regulations #99-38 - Fees for non-consent towing and storage of vehicles ordinance, section 6, a. & b. (to include videotape of BCC meetings 10/22, 3/12 & 2/12) Adoption of amendments to Chapter 66 Swimming Pool ordinances as they relate to currently exempt facilities. (demonstration of disembowelment and health/safety issues) Recommendation to staff for a study of the feasibility of consolidation of independent fire districts into a unified county-wide department of fire and emergency services (based on millage rate differences within PUD/DRI and expected growth to build out) Quote -"We must adjust to changing times and still hold to unchanging principles." - Jimmy Carter Jim Kramer, candidate, BCC, District 2 992 Plymouth Rock Naples FL 34110 239.450.2771 remarKRJ~aol.com NOV - § 2002 COLLIER COUNTY MANAGER'S OFFICE October 22, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Angela Robinson, President Naples Jaycees 400 Valley Stream Drive #11 Naples, FL 34113 Re: Public Pet~on Request to Discuss Naples Jaycees 2003 July 4~ Festival and Fireworks Display Dear Ms. Robinson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners' at the meeting of November 5, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney John Dunnuck, Public Services Administrator ..... Original ,Message---- From: Robinson, Angela C [mailto:AngelaC.Robinson@53.com] Sent: Tuesday, October 15, 2002 2:10 PM To: mudd_j C .... aplesjccob@aol.com' ,5 ct: Naples Jaycees On behalf of The Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) I would like to request to be placed on public petition for our 2003 July 4th Festival and Fireworks Display. Please advise of the date and time to email address Naplesjccob@aol.com. Regards, Angela Robinson Naples Jaycees President 2002 825-2831 P 5 2002 EXECUTIVE SUMMARY PUDZ-2001-AR-798, TIM HANCOCK, AICP, OF VANASSE DAYLOR, LLP, AND R. BRUCE ANDERSON OF YOUNG, VANASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING BALDRIDGE DEVELOPMENT, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "A" RURAL AGRICULTURAL WITH "ST" SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE BALDRIDGE PUD FOR A MAXIMUM OF 125,000 SQ. FT. OF RETAIL AND GENERAL COMMERCIAL USES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD (C.R. 896) AND LMNGSTON ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.8 ACRES. OBJECTIVE: To have the Board of County Commissioners approve a rezoning request that is consistent with the Collier County Growth Management Plan and Land Development Code. CONSIDERATIONS: The petitioner wishes to rezone 16.78 acres of land, currently occupied by a golf driving range, from "A" (Rural Agricultural) and "A-ST" (Rural Agricultural with a Special Treatment Overla, y) to "PUD" (Baldridge Planned Unit Development). The petitioner proposes a PUD, which would permit a maximum of 125,000 square feet of retail commercial and office commercial uses which are generally compatible with the General Commercial (C--4) zoning district. The PUD also contains 1.8 acres of preserve, 0.6 acres of right-of-way reservation, 1.3 acres of open space and water management, 2.3 acres of common area, as well as 10.8 acres of commercial use. The subject parcel is consistent with the Future Land Use Element of the Growth Management Plan. This PUD was submitted prior to the requirement for a Public Information Meeting. However, the petitioner did hold a Public Information Meeting. NOV 0 5 2002 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 further 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 ~o this project: · Park Impact Fee: Libraries Impact Fe~:. · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · EMS Impact Fee: $578 ' $ 578 $180 $ 181 $0.30 per square foot under roof $ 37,500 $2,453.00 per 1,000 square feet $306,625 $1.3260 per square foot $165,750 $299.00 per 1,000 square feet $ 37,375 The estimated total amount of impact fees for the proposed rezone is $548,009. It should be noted that because impact fees vary by 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-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 when required. 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 staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, 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: Thc subject property is designated Urban, Commercial District, Livingston/Pine Ridge Commercial Infill Subdistrict, as identified on the Future Land Usc Map of thc Growth Management Plan. Relevant NOV 0 5, _9009 to this petition, the Livingston/Pine Ridge Commercial Infill Subdistrict is intended to provide a full array of commercial uses including commercial retail and office use, subject to criteria in the Future Land Use Element. The Livingston/Pine Ridge Commercial Infill Subdistrict specifically requires that interconnection to properties to the south and east be studied as part of the rezone action and provided if considered feasible. Petitioner's review of both the oppommity and feasibility of access connections to properties lying south and east of the subject property resulted in a revised Master Concept Plan to identify a 60-foot fight-of-way reservation for Collier County that runs from the southernmost access point along Livingston Road in an easterly direction to the property line, joining the subject parcel to the parcel immediately to the East. After meeting with representatives of the South Florida Water Management District the petitioner concluded that in order to provide access to properties south of the subject site the proposed preserve area would be severed, resulting in both primary and secondary impacts to the corridor due to isolation of the area lying between the area of access and Livingston Road, making connection to the property south not warranted or feasible. Based upon the above analysis, staff concludes the proposed commercial retail and office uses for the subject site are consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are jurisdictional wetlands on site, however the proposed PUD contains 1.8 acres of preserve. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on June 5, 2002 and recommended approval by a unanimous vote. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 17, 2002. County staff, the petitioner and neighborhood residents were heard. After discussion, the CCPC, by a vote of 8 to 0, recommended that the Board of County Commissioners approve petition PUD-2001-AR-798. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, Planning Services staff recommended that the CCPC forward this petition to the BCC with a recommendation of approval. " A~hI~A I~.M NOV 0 5 2002 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: ~ MARGARET WFERSTLE, ^ICP PLANNING SERVICES DIRECTOR DATE /o ·/~ DATE · APPROVED BY: ?~)SEPH K. sdHMrTT ~'" /~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PUD-2001 -AR-798 NOV 0 5 2002 AGENDA ITEM 8-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOpMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 30, 2002 PETITIC~.' S: PUDZ-2001-AR-798 BALDRIDGE PUD oWNER/AGENT: Agents: Owner: Purchaser: Tim Hancock, AICP VanasseDaylor 3001 Tamiami Trail North, Suite 206 Naples, Florida 34103 R. Bruce Anderson Young, vanAssenderp, Varnadoe & Anderson 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Pine Ridge Golf Center, Limited 3350 Pine Ridge Road Naples, FL 34109 Baldridge Development, Inc. 11906 Manchester Road, Suite 209 St. Louis, MO 63131 "A" (Rural Agricultural) "PUD" (Baldridge Planned Unit Development). REQUESTED ACTION,:, The petitioner wishes to rezone 16.78 acres of land, currently occupied by a golf driving range, from and "A-ST" (Rural Agricultural with a Special Treatment Overlay) to NOV 0 5 2002 pg. ~,EOGRAPHIC LOCATION: The property is located in the southeast quadrant of the intersection of Pine Ridge Road Livingston Road. and PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a PUD, which would permit a maximum of 125,000 square feet of retail commercial and office commercial uses which are generally compatible with the General Commercial (C-4) zoning district. ~, The PUD also contains 1.8 acres of preserve, 0.6 acres of right-of-way reservation, 1.3 acres of open space and water managen~nt, 2.3 acres of common area, as well as 10.8 acres of commercial use. SURROUNDING LAND USE AND ZONING'.. North: East: South: West: Subject Parcel: Surrounding: The parcel is developed as a golf driving range; zoned A & A- ST with a Conditional Use for a golf driving range Pine Ridge Road ROW, across which is a single-family house; zoned E Single-family house with an agricultural use; zoned A; and a North Naples Fire District fire station; zoned P Preserve Tract; zoned PUD (Brynwood Preserve PUD) Livingston Road ROW, across which is LaCosta apartments; zoned PUD (Related Group PUD) ..- L... Baldridge GROWTH MANAGEMENT PLAN CONSISTENCY. The subject property is designated Urban, Commercial District, Livingston/Pine Ridge Commercial Infill Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Livingston/Pine Ridge Commercial Infill Subdistrict is intended to provide a full array of commercial uses including commercial retail and office use, subject to criteria in the Future Land Use Element. The Livingston/Pine Ridge Commercial In fill Subdistfict specifically requires that interconnection to properties to the south and east be studied as part of the rezone action and provided if considered feasible. Petitioner's review of both the opportunity and feasibility of access connections to properties lying south and east of the subject property resulted in a revised Master Concept Plan to identify a 60-foot right-of-way reservation for Collier County that runs from the southernmost access point along Livingston Road in an easterly direction to the property line, joining the subject parcel to the parcel immediately to the East. After meeting with representatives of the South Florida Water Management District the petitioner concluded that in order to provide access to properties south of the subject site the proposed preserve area would be severed, resulting in both primary and secondary impacts to the corridor due to isolation of the area lying between the area of access and Livingston Road, making connection to the property south not warranted or feasible. Based upon the above analysis, staff concludes the proposed commercial retail and office uses for the subject site are consistent with the Future Land Use Element. 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, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE' The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The subject parcel is consistent with the Future Land Use Element of the Growth Mana 3 NOV 0 5 20O2 -'q~is PUD was submitted prior to the requirement for a Public Information Meeting. However, the eetitioner did hold a Public Information Meeting. The PUD document attached to this Staff Report has been revised to include conditions as approved by County staff. The petitioner disagrees with Transportation staWs conditions, which include the following: a. The access via Pine Ridge Road will be limited to the existing single point of ingress, and egress on the northeast comer of the property in question (the existing west approach right in, south approach right out, and east approach directional left in). Due to the limited fi-ontage no other access points will be permitted from, and onto Pine Ridge Road. b. Access onto Livingston Road will be limited to two (2) locations. The southern most access will be a full median opening, and the northern access will be limited to a fight in only. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on June 5, 2002 and recommended approval by a unanimous vote (5 to 0). _ PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed PUD is consistent with the Growth Management Plan and is compatible with surrounding land uses. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-798 (including the attached PUD document as currently written) to the Board of County Commissioners with a recommendation of approval. NOV 0 5 2002 PREPARED BY: ~ISCHL, AICF PRINCIPAL PLANNER REVIEWED BY: DATE DATE DATE APPROVED BY: Y DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition RZ-2001-AR-798 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/currenqreisch Frezones/Baldridge/sta~rqRZ.2001 -AR-798 AGENDA I~ NOV 0 5 2002 3. Livin ston/P_ine_?~i~d' ~ southeast quadrant of Livingston ~ Subdistict consrsm u, ,-.: .... -,-- '~--~,~ a minor arterial roadway. In addition to I~d, a collector roadway an~l ~lne r~,~t~= n,,-,,, Ridge Commercial Infill Subdistrict uses allowed in the Plan, the intent of the Livingston/Pine is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area. If permitted by the .~:>outh Florid? W.ate. r Mana..ge.m. ent D!st.ri~,_e_m._er..g_e.,.n~.~e ~SSrot~i~he~t North Naples Fire District~ire station iocatea immeaiately east oT m~ p~up=,Ly -,,, t. improving response*times to all properties located south along Livingston Road. Interconnection to adjacent properties immediately to the South and immediately to the East will be studied and provided if deemed feasible, as a part of the rezoning action relating to the subject property. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. Any project developed in this Subdistfict may be comprised of any combination of retail commercial and/or office uses, provided that the total square footage does not exceed 125,000 square feet. A minimum 50-foot buffer of existing native vegetation will be preserved along all project boundaries located adjacent to areas zoned agricultural. NOV 0 5 2002 REZONE FINDINGS PETITION PUDZ-2001-AR-798 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, and policies and Future Land Use Map and the elements of the Growth Management Piano The petition is consistent with the Collier County Growth Management Plan, specifically with the Livingston/Pine Ridge Commercial Infill Subdistrict. 2. The existing land use pattern; Pro: The parcel is within a subdistrict, which permits commercial uses. Con: Adjacent land uses are agricultural. Summary Finding, s: The proposed land use is consistent with the adjacent existing land uses (including a 50-foot buffer adjacent to the existing agricultural use). In addition, the parcel to the east is within a residential density band, and could request rezoning to a residential zoning district. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The petition is consistent with the Collier County Growth Management Plan, specifically with the Livingston/Pine Ridge Commercial Infill Subdistrict. Con: Evaluation not applicable. Summary Findings: The proposed amendment is related to adjacent districts and will not create an isolated district. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn. AGEhlE)A ITED~ Con: Evaluation not applicable. . Summary Findimzs: The current district boundaries are logically drawn, since they are consistent with the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro'. The property owner believes that the property may best be utilized as commercial, as allowed by the Growth Maoagement Plan. In addition, Livingston Road is under construction. The petitioner stat~s these as examples of changing conditions. Con: Evaluation not applicable. Summary Fin inl~s: Changing conditions have resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989, however, the construction of Livingston Road and the creation of the Livingston/Pine Ridge Commercial Inf~ll Subdistrict, have resulted in this request. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: If the PUD is approved, the petitioner could submit plans to construct a shopping center on the site. Con: The PUD is adjacent to an agricultural parcel. Summary Findin2s: The proposed shopping center will be adjacent to an agricultural parcel, however, there is a 50-foot buffer required adjacent to the agricultural parcel. 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. Pro: The Livingston/Pine Ridge Commercial Inf~ll Subdistrict permits commercial uses at this location. Con: A shopping center will generate additional traffic, compared to the current golf driving range use. 2 NOV 0 2002' ge e 10. 11. Summary Findines: The Transportation Services Division has added conditions to the PUD in order to minimize effects on traffic in the area. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed commercial use will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone may eventually permit construction of a shopping center. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. NOV 0 5 2007. 12. Summary Findings: Development of adjacent properties in accordance with existing ~egulations will not be affected. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; 13. Pro/Corn Evaluation not applicable. Summary Findings: The proposed rezone is in compliance with the Growth Management Plan. Tlaerefore, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; 14. Pro/Con: Evaluation not applicable. Summal~ Findinos: The property still could be used as a golf driving range, as ~ermitted under its current zoning. However, the petitioner wishes to have an option to use the property for a shopping center. Whether the change suggested is out of scale with the needs of the neighborhood or the County; ~ The proposed development complies with the Growth Management Plan. 15. ~ Evaluation not applicable. Summary Findings: Staff's analysis indicates that the rezone is consistent with the ~rowth Management Plan, as amended; and serves the needs of the neighborhood and the County. Whether is it impossible to-find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con'.. Evaluation not applicable. Summary Findings: There are many similar parcels in the County. Wishes to utilize the option to construct commercial uses on this parcel. The petitioner NOV 0 5 2002 16. 17. 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. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is developed as a golf driving range. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 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. Pro/Con: Evaluation not applicable. Summary, Findings: The rezoning of this property is intended to result in the creation of a shopping center. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. AGENDA ilEM NOV 0 5 2002 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 5~ 2002 Item IV.t II. III. NAME OF PETITIONER/PROJECT: \ Petition No.: Petition N~ame: Applican .t~Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUDZ-2001-AR-798 Baldridge PUD Baldridge Development, Inc. VanasseDaylor VanasseDaylor LOCATION: The subject property is located at the Southeast corner of the intersection of Pine Ridge Road and Livingston Road in Section 18, Township 49 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels, and two public roadways, one of which is under presently under construction. ZONING R.O.W. pUD (Brynwood Preserve) Public Use (Fire Station) Agricultural R.O.W. DESCRIPTION,,. Pine Ridge Road Under Construction Developed Undeveloped Livingston Road (Under Construction) PROJECT DESCRIPTION: The proposed Baldridge PUD is a 17.5-acre site in the southeast corner~ intersection of Pine Ridge Road and Livingston Road. Thc developme! tt pln%n.__l~ t2-¥ NOV 0 5 2002 EAC Meeting Page 2 of 8 Ve allows development as a single-tenant or multi-tenant commercial project. Proposed uses include office, medical office, retail and other commercial uses. The project consists of commercial parcels and a preserve area. It has access from both Pine Ridge and Livingston Roads. It should be noted that at the time this Staff Report was prepared, Comprehensive Planning, Utilities, Stormwater Management, and Transportation reviews were outstanding. If those reviews result in changes that would affect environmental or stormwater issues, the EAC will re-hear this petition. GROWTH MANAGEMENT PLAN CONSISTENCY: 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 retention areas 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". 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". NOV O 5 2002 EAC Meeting Page 3 of 8 Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland 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 ~he DEP and the COE permitting process and approved by the County". Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland native habitat ?all 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 o f 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". 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". This petition is consistent with staffs policy, as directed by the Board of Commissioners, to allow for impacts to jurisdictional wetlands when St 2oun~ ~ Lte a~d~ _ NOV 0 5 200? EAC Meeting Page 4 of 8 Vlt Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 15% on-site native vegetation preservation. MAJOR ISSUES: Stormwater Management: The site is located within the 1-75 Canal Basin, which has an allowable discharge rate of0.15 cfs/acre. The project falls within the so-called "Whippoorwill Lane Corridor Area". The County is in the process of reviewing the Whippoorwill Lane Corridor Master Plan, which addresses the infrastructure needs to support development in the area. The infrastructure includes water, sewer, roads for access, and drainage. The Master Plan has not been approved at this time. The Stormwater Management Department has no objection to the conceptual drainage system as proposed. However, petitioner shall become familiarized with the Whippoorwill Lane Corridor Master Plan when approved, and construction plans shall reflect the requirements of the Master Plan. Environmental: Site Description: The project site is an existing golf center and driving range with associated parking, stormwater management facilities, and wetland preservation area. Since the site was developed, m,o right-of-way (R.O.W.) parcels on the property have been deeded to Collier County for the Livingston Road extension project. The project now totals 16.78 acres. A total of 4.3 acres of native habitat currently exist on the project site (1.61 acres of cypress, 2.57 acres of cypress/pine/cabbage palm, and 0.12 acres of pine flatwoods). The developed portion of the property totals approximately 12.48 acres. Soils on the project site, as determined by the Natural Resources Conservation Service (NRCS), include (Unit 2) Holopaw fine sand, limestone substratum and (Unit 3) Malabar fine sand. The approximate boundaries of site soil units as mapped by the NRCS are shown on Figure 5 in Appendix C of the EIS. Both soil types are listed as hydric by the NRCS. Existing wet season water table and seasonal high water levels in representative portions of the site wetland were obtained from data contained in the SFW1VID staff report and compliance files for the Jon Ebert Golf Course project. Tab_re_ Appendix B of the EIS contains the topographic and hydrologic data for NOV 0 5 2002 EAC Meeting Page 5 of 8 site wetland. Review of the mitigation .monitoring reports required by the SFWMD permit reveal that standing water is not typically observed above ground in the on-site wetland. Wetlands: A total of 4.18 acres of Collier County/SFWMD jurisdictional wetlands occur on the site (per SFWMD Permit No. 960411-7). The limits of these wetlands are shown in Figure 6 of Appendix C and Exhibit 2 of Appendix D, in the EIS. Wetlands on-site include cypress (FLUCFCS Code 6219) and pine/cypress/cabbage palm (FLUCFCS Code 6249). The SFW1V[D Environmental Resource Permit authorized 7.13 acres of wetland impacts to construct the Golf Learning Center. Mitigation required to compensate for impacts to wetlands included the enhancement and preservation of 4.74 acres of wetlands and uplands on-site, and a fee simple donation to Corkscrew Regional Ecosystem Watershed (CREW) for purchase, restoration, and perpetual maintenance of 18.3 acres of land to be incorporated into CREW. Since approval of the Conditional Use petition (CU-95-17) and development of the site, two R.O.W. parcels on the property have been deeded to Collier County for the Livingston Road extension project. Wetlands on site now total 4.18 acres. Approximately 1.79 acres (43%) of the 4.18 acres of wetlands on-site will be impacted by the proposed project. Of the 2.39 acres of wetlands remaining, approximately 0.60 acres will be reserved within the 60 foot R.O.W. Reservation for Collier County and 1.79 acres will be enhanced and preserved in the proposed preserve area. (see Figure 6 of Appendix C in the EIS). The wetland functional loss fxom the proposed project will be compensated for by mitigation activities, that will finalized during the SFWMD and U.S. Army Corps of Engineers (ACOE) permit modification process. Mitigation activities will likely be accomplished by off-site mitigation and will likely include purchase of credits within a mitigation bank such as Panther Island. It is anticipated that approximately 0.4 to 0.8 freshwater-forested credits will be purchased to offset project impacts to wetlands. the time of Conditional Use approval for the Golf Learning Center, minus taken for the R.O.W. As proposed, the project will satisfy this require~ Preservation Requirements: Pursuant to section 3.9.5.5.4 of the Land Development Code, 1 5 percent (1.85 acres) of native vegetation will have to be retained and/or replanted on-site. This figure was derived from the total amount of native vegetation present on-site at ,ent ,~12~ N?v 0 002 EAC Meeting Page 6 of 8 retaining 1.79 acres in preserve area and replanting 0.06 acres of native vegetation in buffers for the project. Listed Species: A biological survey of the subject property was performed on September 24, 200 1 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines (Appendix D in the EIS). The survey was performed to document vegetative associations and to locate and document any listed plant and wildlife species that may occur on the project site. Listed wildlife species observed on the project site included white ibis (Eudocimus albus), snowy egret (Egretta thula.), and little blue heron (Egretta caemlea). These wading birds were observed in small pooled areas of water on the driving range of the property, at the end of the wet season. One listed plant species (per FDA list) was observed in the preserve area on site. The species observed was stiff-leafed wild pine (Tillandsia fasciculata.). No plant species listed by the USFWS were observed on the property. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. No. PUDZ-2001- AR-798 "Baldridge PUD" with the following stipulations: Stormwater Management: The proposed water management system has been reviewed and approved in concept. Additional information may be required during the construction plans process to verify that the design is in conformance with the Whippoorwill Lane Corridor Master Plan. Environmental: No additional stipulations. AGE DA NOV 0 5 2002 EAC Meeting Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEER SENIOR JULY C. ADARMES MINOR. P.E. ENGINEER SENIOR STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR DATE DATE DATE DATE DATE NOV 0 5 200_~ EAC Meeting Page 8 of 8 SUSAN MURRAY, AICP INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR ENVIRONMENTAL ADVISORY COUNCIL ENVIRONMENTAL DATE SERVICES THOMAS W. SANSBURY, CHAIRMAN SL/gdh/c: StaffReport 2002 Petition No.:___.__~ !i' Commission District: APPLICATION FOR p ~UBLIC HEARING FOR: PUD .REZONE ~, ~.AR-798 Date Petition Received: _ pRoJECT #2001040097 -- DATE: 3118102 Planner Assigned:_ _ FRED REtSCHL_ -'"' ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Baldrid e Develo ment Inc. Applicant's Mailing Address 11906 Manchester Road Suite 209 City S_~i~t. ~ui~ State___~MQ Zip _6313! Applicant's Telephone # (_314) 966-230_0 Fax # (_314) 966-2370 Name of Co-Agent _Tim Hancock, AICP Firm: V~anasseDa¥1or Agent's Mailing Address ~i Trail North Suite 206 City N~..~.APles. State FL Agent's Telephone # {941) 403-0223. Zip 34103 Fax # (941) 263-5096 Name of Co-Agem _R. Bruce Anderson Firm:Yo~ vanAssende Yarnadoe & Anderson Agent's Mailing Address 801 Laurel Oak Drive Suite 300 City .~_Na~les_ State ._____FL Zip 3_4108 Agent's Telephone # ~ 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 ' 10t98 APPLICATION FOR pUBLIC HEARING FOR PUD REZONE - -- AGENDA NOV 0 5 2007_ r~kl. Jl: I oX I Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association' Mailing Ad&ess Name of Homeowner Association: Mailing Ad&ess Name of Homeowner Association: Mailing Ad&ess City State Zip. City State. Zip. City State Zip Name of Master Association: Mailing Ad&ess City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip 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 If the property is owned by a CORPORATION, list the officers and st¢ the percentage of stock owned by each. :khc~grg ~n~O02 .APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 of 2 Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with 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 md/or limited partners. Name and Address Pine Ridge Golf Center, Ltd. 3--~350 Pine Ridge Road _~l/les Florida 34109 Percentage of Ownership See Attached List of Parmers eo 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 Kenneth Baldridge C. Allen Kann .. ---Bald_ridge Development, Inc. ~ 1906 Manchester Road Suite'209 St. Louis, MO 63131_ Percentage of Ownership 80% 20% APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10'98 Date of Contract:__4-10-00 NOV 0 5 2002 If any contingency clause or cona:act terms involve additional individuals or officers, if a corporation, partnership,'or trust. Name and Address parties, list all go Date subject property acquired ( ) leased ( ): Term of lease If, Petitioner has option to buy, indicate date of option: 4-I0-00 terminates: , or anticipated closing date August 31, 2002. yrs./mos. and date option h0 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 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: 18 Township: 49 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00287480003 Metes & Bounds Description: The West ½ of the Northwest ¼ of the Northwest ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida less parcel 111 (O.R. 2667, Page 3063) and Parcel 81 lA (O.R. 2667, Page 3065) for road right-of-ways. 4. Size of property: ft. X ft. = Total Sq. Ft. Acres ~-16.78 5. Address/general location of subject property: South East Comer of the Intersection of Pine Ridge Road and Livingston Road APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 AGE. N~A NOV 0 5 2002 Adiacent zoning and land use: Zoning N~PUD,, s '__PUD_ E A/ST E--A-Provisional W PUD Land use Pine Ridge Road and Cambridge Square (under development) Residential PUD 0itrgnwood Preserve PUD). Agriculture (Single Family Residence) {3-10-98 R97-10 98-18) North Naples Fire Station Livingst6~ Road and Multi Family Residential PUD (La Costa~partments] ' the subject property? If Does the ownet'.of the subject property own property contiguous to so, give compl~e legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Township: Range: Section: .... Lot: ~ Block: Subdivision: Plat Book_ Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request:.. This application is requesting a rezone from the .__._~A-A .griculmre and ST (Special Treatment Overlay) zoning district(s) to the PUD zoning district(s). Present Use of the Property: _Golf Driving Range Proposed Use (or range of uses) of the property:__Retail and non retail commercial uses, Commissioners shall be based upon consideration of the applicable criteri~ Provide a narrative statement describing the rezone request with specific 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, -n0te~~~, 'eren~l~ to the 't:~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 P~ NOV 0 5 2002 criteria noted below. Include any backup materials and documentation in support of the request. Standard Re~one Considerations (LDC Section 2. 7.2.5) o 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. The proposed development is in compliance with the Future Land Use and all other elements of the Growth Management P1an, particularly with respect to the Livingston / Pine Ridge Commercial Infill Subdistrict which applies to the subject property. The existing land use pattern. The subject r~rot~erty is adjacent to existing PUD's to the North, South, and West. The property immediately adjacent to the East of the subject property is zoned Agriculture along the Southern property line while the Northern portion of the property is adi acent to the North Naples Fire Station and Collier County EMS. An ST Overlay is also on the adjacent property lying East of the sUbject property. The possible creation of an isolated district unrelated to adjacent and nearby districts. .The parcel is 4-16.78 acres and lies south of a commercial PUD. In addition, the property is adjacent to 2 arterial level roadways with a Fire station on the third side. The proposed zoning desi,maation is compatible with surrounding uses. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The proposed district boundaries are lo.~icallv drawn and consistent with FLUE of the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The rezone will ensure that the zoning on the property is consistent with the existine FLUE. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD will not adversely influence living conditions in the neighborhood and should have a positive impact by providing a direct access to Livingston Road for North Naples Fire District and Collier Court _ty Emergency Medical Services to enhance response time. The PUD has been designed to have minimal impact on adjacent developments. 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 durin, " construction phases of the development, or otherwise affect public safety. No. The property has access to public roads thereby providing access to the road network. This project proposes a "through street" connecting Livimzsto~ with Pine Ridge Road, which will result in improved access for emergency v~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE teria~ _~ zx 0 5 2002 kicles to Pg. Livin ston Road. While commercial ro ex'ties b nature enerate traffic no deficiencies are proiected on adiacent roadways. 8. Whether the proposed change will create a drainage problem. This project will be designed to meet all Collier County and SFWMD Standards. Whether the proposed change will seriously reduce light and air to adjacent areas. No. 10. Whether the proposed change will serioUSly affect property values in the adjacent area. No.. 1I. Whether the proposed changg will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed PUD will not aciversely affect the development of adjacent lands because Of limitations on the building size and height in addition to the significant buffer preserve alo~g the Southern Property line. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD is in compliance with the Growth Management Plan and Land Development Code therefore, no special privilege is granted to an individual. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing golf driving range was developed with the long term intent of fully.. developing the land at a later date. This proiect completes that approach. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The Baldridge PUD is designed to be compatible with the adjacent properties because of limitations on the building size and height in addition to the significant buffer preserve along the Southern property line. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. No, but none exist within the proposed project service area. 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. The property is currently developed as a golf driving range. The extent of site alteration is shown on the Conceptual Site Plan, and is limited to roughly the same envelope as the existing use with the exception of those areas impacted for the purpose of access to the site or to adjacent properties, t,c.,r:~A I~ Id se '~-e~ 17. The impact of development on the availability of adequate public facilities ~ consistent with the levels of service adopted in the Collier County growth n ma~efft5 2002 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98. PA( : '7 AC '7 plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. IIJ, as amended. The proposed PUD will comply with the Collier County Adequate Public Facilities Ordinance. 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. Existing land use and zoning patterns are conducive t'o supporting 125,000 s.f. of' combined retail / commercial and office uses. Building height is limited to one story with a 35 foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 50 foot maximum height. A minimum 50-foot buffer of vegetation will be preserved along all oroiect boundaries located adjacent to vacant agricultural zoning. PUD Re~one 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 proposed development is for commercial retail and / or professional office uses. The frontage along Pine Ridge Road will be developed in full or part with convenience retail uses similar to those under construction to the North. The land is currently developed as a golf course driving range and has limited drainage issues. Access to the property will be from Livingston and Pine Ridge Roads, at the points shown on the PUD Master Plan. County water and sewer are available to this property. Adequacy of evidence o fun(fled 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 currently under contract to the petitioner and appropr/ate affidavits have been executed and are included. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The property is in compliance with goals and objectives of the Growth Management Plan. Specifically the property was the subject of CP 2000-05, an application to amend the Growth Management Plan, and designate the property as commercial. retail and office uses. The proposed proiect contains uses of equal or less than many uses in the area. The proposed uses are deemed compatible by designation in the Land Development Code as uses of C-4 intensity or les 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. Internal compatibility is achieved by limiting commercial activities to predominantly heir 2c~'~,A r~_ .APPLICATION FOR PUBLIC HE.4_RING FOR PUD REZONE - 10/98 PA NOV 0 5 2002 o $. The adequacy of usable open space areas in existence and as proposed to serve the development. Proposed landscaping and buffering, combined with proper pedestrian connections will result in adequ_ate usable open space... The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. A~ shown on the Traffic Impact Statement, capacity exists on Pine Ridge Road and future Livingston Road at this time for this proiect to move ahead. The proposed internal through road will serve to src~ooth the flow of traffic in and out of the project. Water and sewer availabiliW is adequate. Impact fees will ensure funding for required expansion of Cotmty services. The ability of the subject property and of surrounding areas to accommodate expansion. Through providing interconnection and by planning for the future fight of way for Pine Ridge and Livingston Roads, the proiect is plaxmin~ a~propriately for future expansion. 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. Any variances in the PUD from Development Standards in the C-4 zoning district are minor and result in better project orientation and design.. ° 10. 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 nrol~ertv: 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? Yes, GMP Amendment CP-2000-05 Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order tot your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 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], drawaa 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]; ~,C.,~A · all existing and proposed structures and the dimensions thereof, NOV 0 5 2002 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. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous ~,elve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their 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.). d. Statement of utility provisions (with all required attachments and sketches); e o 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 N(kC~A '" AITE~_ NOV 0 5 2002 Abk lO o! IU i]2 34102 422 ~'Cotw. (2%) Ft. ~Beaoh, FL (94,~)~793 ~.'.'lX~o (4%):' I~.'n Artx)r Way Ne~W,,.~ 34119 A A NOV 0 5 2002 aO?'Z'aahdp~r Ba~/ Ml~'.41tjnd~:~L 34145 · . . ; Br~ &.'~J~nlf~r H~e~f (2%) NOV 0 5 2002 .. ~., A~A ITEM.,, NOV 0 5 2002 EXTITRIT "A" (cont'd.) Wllltam& I.e~ley Weatherf7 (2%} (770) ~9-03~7 G. Michael Womble (2.18'1818%) - 81e-K~gl~rdCt-: .......... Nltplel~ FL 34108 (Nt). 597-~224 Wlliam & Karen Wright (2%) 1627 Galleon Drive Naplel, FL 34102 (941).849..5289 NOV 0 5 200~ STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST NAME OF APPLICANT: _Baldridge Development, Inc. MAILING ADDRESS: _11825 Manchester Road · St. Louis STATE MO ZIP 63131 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 18 Township: Lot: Block: ~ Plat Book Page #: 49 South Range: 26 East Subdivision: Property I.D.#: 00287480003 The West V2 of the Northwest ¼ of the Northwest ~/q of Metes & Bounds Description: Section 18, Township 49 South, Range 26 East, Collier County, Florida less parcel 1 1 1 (O.R. 2667, Page 3063) and Parcel 81 lA (O.R. 2667, Page 3065) for road right-of-ways. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check app~able system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [~] ¢. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME PACKAGE TREATMENT PLANT ~ (GPD de capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: &. 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 NOV 0 5 2002 7. TOTAL POPULATION TO BE SERVED: 141 - See attached sheet PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 54,163 gpd AVERAGE DAILY 21,665 gpd B. SEWER-PEAK 60,375~d AVERAGE DAILY 17,250gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: November 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 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. See attached sheet for narrative. 11. 12. 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. 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 fi-om 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 A~A I'1'~..~ NOV 0 5 2002 PAGE 15 of' 15 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST TOTAL POPULATION TO BE SERVED: Grocery Store = . 9,843 gpd Retail Shops ~ = 5,098 gpd Outparcels ~ = 6,724 .(:lpd Total: = 21,665 gpd Assume~'154 gpd per person, total population served = 21,665/154 = 141 people per day 10. NARRATIVE STATEMENT: Shoppin,q Center with Three Outparcels The sewage treatment process will begin with an on-site gravity collection and transmission system to collect and pump the wastewater into the existing County transmission system on the south side of Pine Ridge Road. The Pine Ridge Road force main transmission system will then carry the wastewater to the North County Wastewater Treatment Plant for treatment and final processing. The existing County public drinking water distribution system located on the east side of Livingston Road will be tapped to the property to provide potable water and fire protection to the site. All facilities are proposed for County maintenance. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: (Separate Document Attached) 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: N/A NOV 0 5 2002 PUD REZONE APPLICATION SUBMITTAL CHECKI;IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED X~fITH APPLICATION PACKET! RE Q UIREMENTS # o N o T COPIES RI~QUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s)and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility. Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee and Data Conversion Fee Check shall _ 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 PUD REZONE - 10/98 Date PAGE NOV 0 § 20O2 0 tOtttr~~ being first dui)' $¥'vorn. depo.ve and say that · , ,,,, ~.z ~,n.~---*.~... - ' - ~',, .--:~.~.4 t,,,roin and which i.~ the ~ubject matter of the propoaed am/are the ownerx oJ l~e property a~.~r,~- .... · ' - hearing: that alt the a~wer$ to the questioav in this application, includia~ the d~ctoxttre interest information, all ~.ketches, ~ta, and other aupfllementa~ mart& attached to and made 'part t~' this application, are honest and tru~ lo the best of oltr ~no~,ledge and belief u~eratand tt~tl the Information requested an this ag~llcation must be complete tt~:d accurate _ . . ~ , - ..... ,~.~ ~, r'mm~ nrinted ~hall not be altered. that the content or ............ _net. A - - · . , '. .' .... * '. Public hearings will not he advertised ~nti! this app[icatum t.~ defined cotnp, c'te. OSZJ t~t~ ~.qt,H AS pro~rty Owner } /[ further a~lhorize _. _ ~ ._ ~ _ to ctct ~ / '-~ ~ryped or Printed Name of Owner .uwn to me or hizs produced State of l,'lori&t County oJ' Collier Name o.[' N.ntary } nahc) PU DZ-2001 .,AR -798 BALDRIDGE PUD PROJECT #2001040097 DATE: 6114/02 FRED REISCHL ADDITIONAL INFORMATION TRAFFIC IMPACT STATEMENT fol' LIVINGSTON/PINE RIDGE ROAD COMMERCIAL CENTER PUD REZONING Prepared for: Baldridge Development, Inc. 11906 Manchester Road, #209 St. Louis, MO 63131 Prepared by: Vanasse Daylor 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 V&Dg40150 May 2002 Reed #40156 jarvi, P.E. NOV 0 5 22 31 29 28 35 27 PINE I~E R~ PROJECT SITE 15 23 20 26 25 26 34 $5 $ 2 N E 17 I0 14 ~,~ '~Vanasse ~-',.t Dayl or 5 2OO2 1 TABLE OF CONTENTS PROJECT DESCRIPTION ....... ~ ............................................................................... '. ........ ! TRAFFIC GENERATION ................................................................................................. 2 AREA OF INFLUENCE .................................................................................................... 4 ROADWAY NETWORK .................................................................................................. 4 EXISTING TRAFFIC ........................................... ~ ............................................................ 6 TRAFFIC DISTRIBUTION ............................................................................................... 7 FUTURE TRAFFIC PROJECTIONS ............................................................................... 8 TRAFFIC ASSIGNMENT ................................................................................................. 9 SIGNALIZED INTERSECTION ANALYSIS ................................................................ 10 UNSIGNALIZED INTERSECTION ANALYSIS .......................................................... ! 1 WEAVE ANALYSIS ...................................................................................................... ! 2 PROJECT IMPACTS TO AREA ROAD NETWORK ................................................... 14 MITIGATION OF IMPACT ............................................................................................ 15 LIST OF EXHIBITS NAME OF EXHIBIT EXHIBIT # Location Map Access Location Map Traffic Distribution Peak Season Peak Hour Traffic-2003 Access Traffic Distribution 1 2 3 4 5 lVqaples_server~)ocs~Projects~401~40150.B aldridge Rezone\Traffic\TIS~40150-TiS.doc NOV 0 5 2002 PROJECT DESCRIPTION The Project is approximately 16.8 acres in size and will consist of 125,000 square feet of retail and/or office development and is projected to be built out prior to the 2004 peak season. The project is located at the southeast comer of the Livingston Road/Pine Ridge Road intersection in Collier County (see Exhibit 1). Four accesses are proposed for t~e Livingston/Pine Ridge Road Commercial Center. Access 1 is proposed to be a full access, is located in the southern portion of the property, will access Livin¥'ston Road and is aligned with a proposed access for La Costa Apartments. Access 2 is a proposed fight-in/fight-out access that is located approximately 630 feet south of Pine Ridge Road and will access Livingston Road. Access 3 is a proposed right-in/fight-out access that is located approximately 300 feet east of Livingston Road and will access Pine Ridge Road. Access 4 is a proposed left- in/fight-in/fight-out access, is located near the eastern property line and will access Pine Ridge Road. There is the possibility that a cross access (east-west direction) will be added south of the Fire/EMS Station. This cross access road would access the proposed access road that runs to the east of and behind the shopping center from the northeast of the parcel to the southwest of the parcel. See Exhibit 2 for access locations. \'~,laples server~Docs~Projects~401~40150'Baldridge Rezone\Traffic\TIS~40150-TIS.d°c 2OO2 TRAFFIC GENERATION The traffic generation potential for the development was determined using rates from the Institute of Transportation .Engineers' Trip Generation Manual (Sixth Edition). The trip generation equations are shown below. Drive-in Bank (LU 912): ADT: T = 174.529(X) + 385.789 AM Pk Hr.: T = 12.63(X) PM Pk Hr.: T = 54.77(X) Fast Food w/Drive-Thru (LU 834): ADT: T = 496.12(X) AM Pk Hr.: T = 49.86(X) PM Pk Hr.: T = 33.48(X) Pharmacy/Drugstore w/Drive-Thru (LU 881): ADT: T = 88.16(X) AM Pk Hr.: T = 2.66(X) PM Pk Hr.: T = 10.40(X) Shopping Center (LU 820): ADT: Ln (T) = 0.643 Ln(X) + 5.866 AM Pk Hr.: Ln (T) = 0.596 Ln(X) + 2.329 PM Pk Hr.: Ln (T) = 0.660 Ln(X) + 3.403 The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table lA. PM Peak Hour pass-by percentages were determined using the ITE Trip Generation Handbook (October 1998) for the proposed land uses. Pass-by trips were then determined as part of the total project trip generation. Trip generation adjusted for pass-by traffic is shown in Table lB. ~.~laples_server~)ocs~Projects~401~40150_Baldridge Rezone~Traffic\TIS~40150-TIS.doc NOV 0 5 2002 Table lA PROJECT TRIP GENERATION Land Use Shopping Center (LU 820) Fast Food w/Drive-Thru (LU 834) Bank w/Drive (LU 912) Phanmcy/Dmg Store (LU 881) Totals 105,000 SF 3,500 SF $,500 SF 11,000 SF 125,000 SF 7,034 164 1,736 175 1,346 69 970 29 Enter 100 89 PM Exit Peak Enter Exit 64 648 3 1 1 337 86 117 61 56 39 31 301 151 151 17 13 114 56 58 11,086 438 245 Table lB x · ' d PROJECT TRIP GENERATION Adjuste for Pass-By Traffic ADT Peak Enter 193 1,181 PM Exit Peak $79 ~2 Enter Exit Land Use ¥ Shopping Center (LU 820) 105,000 SF 7,034 164 100 64 648 31 1 337 Passby traffic percentage 34% -2,392 -56 -34 -22 -220 - 106 -115 Fast Food w/Drive-Thru (LU 834) 3,500 SF 1,736 175 89 86 117 61 56 Passby Waffic percentage 50% -868 -87 -45 -43 -59 -30 -28 Baak w/Drive (LU 912) 5,500 SF 1,346 69 39 31 301 151 151 Passby traffic percentage 47% -632 -33 -18 -14 -142 -71 -71 Phmmacy/Dmg Store (LU 881) 11,000 SF 970 29 17 13 114 56 58 Passby traffic percentage 49% -475 -14 -$ -6 -56 -27 -29 Totals 125,000 SF 6,718 248 140 108 705 344 360 ~laples_servefiDocs~Projects~401~0150'Baldridge RezoneVrraffic\TIS\40150-TiS.doc NOV 0 5 2002 AREA OF INFLUENCE The existing roadway network in the area of the project is shown on Exhibit 1. We have analyzed the roadways in the area of the project in accordance with the Collier County TIS guidelines. ROADWAY NETWORK The existing roadway conditions for the area of the project were used as a base to provide the network for 2004. The traffic counts are fi.om the 2001 Collier County Transportation Department Counts and are adjusted by the axle factor of 0.9524. Livingston Road Livingston Road is currently under construction. In the vicinity of the site, Livingston Road is a north/south, two lane undivided roadway under county jurisdiction and is functionally classified as an arterial roadway. The speed limit north of Pine Ridge Road is posted at 30 miles per hour (mph) and south of Pine Ridge Road at 45 miles per hour (mph). Livingston Road is planned to be expanded to a six lane, median-divided roadway in the near future. This expansion will probably take place prior to or during the completion of the Livingston/Pine Ridge Road Commercial Center. Anticipated speed limit of the six- lane section of Livingston Road is 45 mph. According to the construction plans, provided by Collier County, for the Livingston Road improvements (6-lane), a sidewalk measuring 6 feet wide will be constructed at the time of iml~rovement. Pine Ridge Road Pine Ridge Road, in the vicinity of the site is an east/west, six-lane, median-divided roadway under county jurisdiction, and is functionally classified as an arterial road, Exclusive left- and fight-turn lanes are provided at most unsignalized and sisal ~ANaples_server~)ocs~Projects~401~40150-Baldridge RezoneWraffic\TIS~40150-TIS.doc gay AJI'I~ zec?~x~ NOV 0 5 2002 intersection locations. Alignment of the roadway is fairly level and tangent. The'speed limit is posted at 45 miles per hour (mph). , Pine Ridge Road was recently expanded to six lanes with a sidewalk measuring 6 feet wide was constructed on both sides of Pine Ridge Road. It should also be noted that the lefMn component of access 4 is on the Pine Ridge Road expansion plans and was constructed with'the six-lane expansion of Pine Ridge Road. ~,~laples_server~Docs~rojects~401~40150-Bald ridge Rez°ne~'Traffi c\TIS\40150'TIS'd°c NOV Z5 2002 EXISTING TRAFFIC Several traffic projections for the two corridors were analyzed including County 2000, 2005 and 2010 E & C FSUTMS runs, historical growth on existing network and the l- 75/Golden Gate Interchange Justification Report (IJR). With concurrence of staff, it was decided that the 2004 traffic projections for Livingston Road would be used from the l- 75/Golden Gate Parkway (UR). The projected background distribution at the Livingston Road/Pine Ridge Road intersection was determined using the 1-75/Golden Gate Parkway (IJR). Year 2024 Peak Hour Volumes, fi.om the 1-75/Golden Gate Park-way (IJR), were used to determine the percentage of turning movements in each direction. These percentages were then applied to the Year 2004 AADT Volumes, fi.om the 1-75/Golden Gate Parkway (LrR), to determine the future projected background traffic at the Livingston Road/Pine Ridge Road intersection. The 1-75/Golden Gate (LIR) is included in Appendix A. ~Naples_server~Docs~Orojects~401~40150-Baldfidge Rezone\Traffic\TIS~40150-TiS.doc A rrEM NOV 0 5 2002 TRAFFIC DISTRIBUTION. A portion of the project's traffic impact will be internal to the shopping center, however, for the purposes of this study, it is assumed that all project traffic will utilize the proposed accesses. Due to the diversion concept, the pass-by trips were subtracted from the Livingston Road and Pine Ridge Road through movements and assigned to the proposed access turning movements. This assignment was determined using the traffic counts of the existing driveways of Carillo~ Shopping Center. During the methodology meeting held with staff, it was agreed that\existing traffic counts of the driveways of Carillon Shopping Center at the southeast comer of Airport Road and Pine Ridge Road would yield a traffic dist~'bution that would be appropriate for this project. A PM Peak Hour project traffic distribution of 19% from southbound Livingston, 29% from northbound Livingston, 29% from westbound Pine Ridge and 23% from eastbound Pine Ridge, was determined (See Exhibit 3). The directional assignment as analyzed is shown in Table 2. Table 2 TRAFFIC DISTRIBUTION-AM & I'M PEAK HOURS Road Segment AM PEAK HOUR PM PEAK HOUR Livingston Rd N of Project Livingston Rd S of Project Pine Ridge Rd E of Project Pine Ridge Rd W of Project Entering Exiting Entering Exiting Traffic Traffic Traffic Traffic Dist. Dist. Dist. Dist, _ 21% 34% 19% 31% 27% 29% 29% 18% 24% 31% 29% 41% 28% 6% 23% 10% * Based on actual counts of turning movements of Carillon Shopping Center \~laples_server~ocs\Projects~401~40150-Baldfidge Rezone~Traffi c\TIS~A0150-TIS.doc NOV 0 5 2002 FUTURE TRAFFIC PROJECTIONS Analysis of the area roadway network was completed using the 2000 Traffic Count Report for Collier County, the 1-75/Golden Gate Parkway Interchange Justification Report (LIR) and the Florida Standard Urban Transportation Modeling Structure (FSUTMS) provided by Collier County. Growth rates for Pine Ridge Road were determined using .2000 .and 2004 FSUTMS count information. Growth rates for Livingston Road were determined using the 2000 FSUTMS count information and I JR for 2004. Collier County "K" Factor of 9.7% and "D" Factors of 60.6% for Pine Ridge Road and 55.7% for Livingston Road were used to determine a projected 2004 Peak Season Peak Hour (Directional) background volume for each roadway link. Florida Transportation Engineering, Inc. provided the turning movement counts (June 2001) for the driveways of Carillon Shopping Center at the southeast comer of Airport Road and Pine Ridge Road (See Appendix A). Using these counts and growth factors, the AM and PM Peak Season Peak Hour traffic volumes for 2004 were determined and adjusted for pass-by traffic (See Appendix B and Exhibit 4). Table 3 shows the 2004 projected traffic volumes for the area network Table 3 PROJECTED TRAFFIC VOLUMES (2004) PEAK HOUR DIRECTIONAL Road Segmen,,t. Livingston Rd N of Project Livingston Rd S of Project Pine Ridge Rd E of Project Pine Ridge Rd W of Project 2000 Truck "D" Grow-th 2004 2 004 ADT Factor K100 Factor Rate ADT Pk Hour 25,134 95.2% 9.7% 55.7% 0.9% 26,100 1,410 25,134 95.2% 9.7% 55.7% 0.9% 26,100 1,410 43,380 95.2% 9.7% 60.6% 0.6% 44,480 2,615 42,248 100.0% 9.7% 60.6% 0.9% 43,820 2,576 ~laples_server~Docs~J~rojects~401~40150-Baldridge Rezone\Traffic\TiS\40150-TiS.doc NOV 0 5 2002 TRAFFIC ASSIGNMENT.. The traffic generated by the development was assigned to the adjacent roadways. This assignment was determined using the traffic counts of the existing driveways of Carillon Shopping Center. During the methodology meeting held with staff, it was agreed that existing traffic counts of the driveways of Carillon Shopping Center at the southeast · comer of Airport Road.and Pine Ridge Road would yield a traffic distribution that would be appropriate for this project. The~project traffic was then added to the Peak Season Peak Hour directional traffic as show~n in Table 4 to determine the Buildout Year Peak ,Peak Hour ,olume and a LOS of the roadway network "with and without the Season, .. project . The Arterial Level of Service Volume Tables for L~vmgston Road, from Radio Road to Golden Gate, and for Pine Ridge Road, from Airport Pulling Road to 1-75, from Collier County Transportation Planning Department's ART-PLAN 4.0 Tables, was used to determine the LOS (see Appendix C). The analysis indicates that Pine Ridge Road has significant (project traffic greater than 5% LOS Standard) but not adverse (LOS within standards) roadway impacts for 2004 build conditions. Exhibit 5 shows the projected access distribution. Table 4 2[D4PM PM 2004 PM Peak Peak Peak PeakEL-ec. Back Project To~l ROADWAY tim grourd Traffic Traffic i i~RdNofPmject NB 1,410 112 1,522 6-1am SB 1,122 65 1,187 Livingstm Rd S of Project ~ 1,410 100 1,5~0 6-1am lib 1,122 65 1,186 Pi~ Ridge Rd E of Project WB 1,700 100 1,800 6-1am EB 2,615 148 2,?62 Pim Ridge Rd W of Projea WB 1,675 36 1,711 6-1ane EB 2,576 79 2,655 I.~ LESC LI3SD LCSE Std 1,560 2,580 2,750 2,580 C 1~560 2,580 2,750 2,580 C 1,560 2,580 2,750 2,580 C 1200 2,63o 2,78o 2,78o D 1200 2,63O 2,78O Z780 D 1,200 2.630 2.780 2380 D 1,200 2,630 2,780 2,780 D %Naples_server~ocs\Projects~401~40150'Baldddge Rezone\Traffic\TiS\40150-TiS.doc LC6 Traffic Back IX)S as%of C 4.3% C 2.5% C 3.9% C 2.5% D 3.6% E 53'¼, D 1.3 E 2.8~ NOV 0 5 2002 SIGNALIZED INTERSECTION ANALYSIS The signalized intersection capacity analysis for year 2004 was completed utilizing Synehro 5.0 software, which is based on the 2000 HCM. Traffic counts taken in June 2001 by Florida Transportation Engineering Inc. have been adjusted to Peak Season Peak Hour and then projected forward to year 2004 by using the calculated growth rate (0.9%) of the intersection leg (see Appendix A). The system was analyzed using Synchro 5.0 computer software. The timings used in the Synehro analysis were obtained fi.om the Livingston Road Construction Plans. These projected traffic counts and timings were used to complete the Synchro 5.0 analysis. The Level Of Service summary is presented in Table 5 below. See Appendix D for the 2004 Synchro 5.0 printouts. The analysis shows that the Livingston Road/Pine Ridge Road intersection (with the provided timings) is projected to operate at an acceptable level of service (LOS D) with the project in the AM Peak Hour and at an acceptable level of service (LOS E) in the PM Peak Hour. The Livingston Road/Pine Ridge Road signal timings were then optimized. This resulted in the intersection operating at an acceptable level of service (LOS D) in the AM Peak Hour and at an acceptable level of service (LOS E) in the PM Peak Hour. The signal timings at Livingston Road/Pine Ridge Road intersection should be monitored as the project is constructed to determine if and when they need adjustment. It should be noted that Collier County is currently designing a countywide computerized traffic signal system (sponsored by FDOT). When completely implemented, the signal timings at this intersection will be monitored and controlled at a central computer location. Table 5 SIGNALIZED INTERSECTION SUMMARY PEAK SEASON PEAK HOUR CONDITIONS INTERSECTION Livingston Rd/Pine Ridge Rd Livingston Rd/Pine Ridge Rd AM-w/o Project PM-w/o Proiect 2004 DELAY 2004 DELAY Tintings LOS [sec) LOS f.~q) Provided D 48.1 E 70.0 Optimized D 39.8 D 49.7 AM-with Proiect 2004 DELAY LOS (sec) Livingston Rd/Pine Ridge Rd Provided D 50.2 Livingston Rd/Pine Ridge Rd Optimized D 40.9 ~laples_server~Docs~ProjectsW, O 1~40150-Baldridge Rezone~Traffic\TIS~40150-TIS.doc PM-with 2004 LOS E E UNSIGNALIZED INTERSECTION ANALYSIS The unsignalized intersection analysis for year 2004 was completed utilizing Synchro 5.O software, which is based on the HCM 2000. Traffic counts taken in June 2001 by Florida Transportation Engineering Inc. have been adjusted to Peak Season Peak Hour and then projected forward to year 2004 by using the calculated growth rate (see Appendix A). These projected traffic counts were used to complete the Synchro 5.0 analysis. The Level Of Service summary is presented in Table 6 below. See Appendix E for the 2004 Synchro 5.0 printouts. The analysis shows that the project access intersections are projected to operate at acceptable levels of service (LOS A) with the project in the AM Peak Hour. It should be noted that the delay in the PM Peak Hour, at the southern access on Livingston Road, is created from the westbound left turning movement from the project and does not affect the county roadway system. The analysis shows the other project access intersections projected to operate at acceptable levels of service (LOS A and LOS C) with the project in the PM Peak Hour. Table 6 UNSIGNALIZED INTERSECTION SUMMARY PEAK SEASON PEAK HOUR CONDITIONS INTERSECTION North Access-Livingston Rd South Access-Livingston Rd East Access-Pine Ridge Rd West Access-Pine Ridge Rd 2004 DELAY LOS. (sec) A 0.2 A 1.0 A 0.5 A 0.1 PM 2004 DELAY LOS. ~ A 0.9 F 536.1 C 17.1 A 1.2 \~u~aples_server~ocs\Projects',40 %40150-Bald ridge Rezone\Traffic\TlSW,0150-TIS.doc NOV 0 5 2002 WEAVE ANALYSIS County staff has expressed a concern that the construction of the northern access, on Livingston Road, may cause a problem for the right-out exiting traffic, which desires a northbound left turn at Pine Ridge Road. The project traffic exiting at this access will have to cross three northbound thru lanes of traffic to make the desired left turn onto Pine Ridge Road. It was initially thou~t that a weave analysis would be needed to determine if the location of the access would be adequate to allow the exiting fight-out waffle to safely complete the lane-crossing maneuver. However, the maneuver in question was not found to meet the definition of a weave as defined in the Highway Capacity Manual (HCM)k Based on a review of the HCM methodology and the study intersection and roadway geometry and traffic volume projections, it was determined that a gap acceptance analysis would be the most appropriate methodology to analyze the lane- crossing maneuver. This approach is reflective of the fact that a turning maneuver from the northern access can only be completed when there is a gap of sufficient time between successive vehicles along Livingston Road to permit a vehicle to exit the drive, irrespective of the ultimate destination of the vehicle downstream of the intersection. An unsignalized intersection analysis was completed using HCS2000 with an increased gap acceptance for the westbound right turning movement. A gap acceptance of 7.5 seconds (normally used for left tums) was used instead of 6.9 seconds (normally used for right tums). The HCS2000 unsignalized intersection analysis methodology limits the thru lanes to two in each direction (Livingston Road has three in each direction), which is one reason the gap time was increased. Since the right-out exiting traffic, which desires a northbound left turn at Pine Ridge Road, will dross three thru lanes of traffic, which is similar to the number of lanes that would need to be crossed by left turning traffic if this maneuver were permitted at the intersection, the gap time was increased. The model was ~ Highway Capacity Manual; Transportation Research Board, National Research Council; Washington, D.C.; 2000; page 13-13. ~Naples_server~Docs\Projects~401~40150-Bald ddge Rezone\Traffic\TI S\40150-TIS.doc set up to show the worst-case scenario, which tums out to be the same as a vehicle completing a left out, crossing four thru lanes of traffic. The analysis shows that vehicles exiting the northern project access intersection are projected to operate at levels of service (LOS) C and D with the project in the AM and PM Peak Hours, respectively. Given the relatively small number of vehicles exiting the northern project access destined to the left- mm lanes at the intersection of Livingston Road at Pine Ridge Road, it is likely that the northern project access will operate better than predicted by the adjusted analysis model during the peak periods (anticipate\LOS D or better). See Appendix F for the HCS2000 printouts. \\Naples_server~:)ocs\Projects\401~40150-Bald ddge Rezone\Traffic\TI S~40150-TiS.doc NOV 0 5 2002 PROJECT IMPACTS TO AREA ROAD NETWORK The Level Of Service calculations for the adjacent roadway network show that t'here are no LOS problems in the vicinity of the project. Pine Ridge Road (east of the project, eastbound) has 5.3% (EB) of project traffic; however, the LOS remains within standards with or without the project. \~,Naples_server~Docs~Projects~401\40150-Baldridge Rezone\Traffic\TIS~40150-TIS.doc NOV 0 5 2O02 MITIGATION 'OF IMPACT The developer proposes to pay thc appropriate Collier County Road Impact Fcc as building permits are issued for thc proposed project. \~laples_serve~Docs\Projecls~40%40150-Baldridge Rezone\Traffic\TiS\40150-TiS.doc NOV 0 5 2O02 15 2002 2; 22 23 29 28 27 32 33 PINE RIDGE ROAD PROJECT SITE 15 23 20 23 26 26 25 N S -iGEND '.AFFIC DISTRIBUTION ~ t~Vanasse Daylor EXHIBIT 3 2 11 0 ~ 2002 3 21 28 27 32 1,410 C 522) C 2,576 D'-- (2,655) E PINE RIDGE ROAD ¸;2 PROJECT $1TE 23 I 1,410 C (1,510) C 2,615 (2,762) E 20 29 2J 26 26 25 N EGEND PEAK SEASON PEAK HOUR (PSPI-I) X)f, XXX PEAK SEASON PEAK HOUR w/PROJECT EVEL OF SERVICE Vana$$e $ 2 11 NOV ~'2002 PM PEAK 2004 ROADWAY NE7WORK EXHIBIT 4 N ,.!~ E PINE RIDGE ROAD Z F-1 ~-- L_~ Z 51 CliO) (~t~o) 52 (149) NORTHERN 13 (34) ~ ~.....~. SOUTHERN i / 53 56 f (134) (108) ~ (la3) ( ) L.) ACCESS ACCESS (~) PM (59 139) 3) Z PE ~ PEAK NOV 0 5 2002 HDUR Daylo AC.,C~,S TRAFFIC DIS TRIBLrgON APPENDIX A NOV 0 5 2002 · (3^'lG ¥cl~N (9) Z ~ (OZ./-) 9t,6 'O'J::t NO.L.S~)NIAI-I (ggg) "- (9'[:6) ZgZ ~, "(£zZ:) t, Zz NOV 0 5 2002 NOV 0 5 2002 (43820) 42900 (49760) 44620 (1100) 1110 (9810) (9810) 15000,~ ~/ 1,5000 PINE RIDGE RD. 7~1~ (44480) ~ (33340) 61890 ,/~ I '~. 34870 (4980) ' I '(4980) 4490 ~ 4490 (28100) 33530 GOLDEN GATE PKW'~. ~ooo) 44820 (10880) (45540) 32230 (24350) 20850 (401 oo) 23600 (10860) (31380) "~,,~ 32230 (4050) 4810 (14,550) 18110 14800 (18410) 222'0 (24380) 27820 (27560) (120301 (12o3o)~'~ '10600 (41050) 3867O SR B4/DAVIS BLVD. (19230) 24770 (18540) 18160 (2270) 2810 ~(2270) 2810 (6980) 6960 (43570) 43410 LEGEND XXX - Wlthoul Golden (~ale Part(way Interchange (XXX) -With Golden Gate Parkway Interchange 1-75 I (3OLOEN GATE PAF~'WA¥ INTERCHANGE JUSTIFICATION REPORT A ,DT I~LU~ EB'~'~"'~-- '-~'~'~ 3LLIER COU~ FLORIOA DEPA IT~~~ T2~C. ~ea~her : GOOD Counted by: SCOTT Board ~ : 2083 O~her : Florida TranSpo~cation ~n~neerLng, Inc. 82S0 Pascal Dr~ve ~, ~ ~=udy ~ane: O20G3, ~:a ~rda, FXor~da 339S0 · ~ite Code : O20e~c . (941) page : 3 Cars, T~cks, Peds JAIR~RT p~LZNG ~ ~IL~N SH0~PiNG S ~ JAIRPORT P~LING ~e~ No~ ~alys~s By Entire ln:eroect~ofl for the Period: 07:00 on OS/0S/O~' to 08:4S off O~/0S/01 T~ue O7:OO 07:00 O7:O0 07:00 ~oI. 0 0 0 0 0 X~ 0 ~cC. 0.0 O.O 0.0 0.0 0.0 XO0.O 0.~ 0.0 0.0 Total 0 16 0 23 HiSh 07:-1 07:00 07;~0 ~7:00 Vol. O 0 0 0 0 ~ , 0 O 0 0 O O O 7 C 0 Total O ~ ~ 0 PHF O.000 0.(S7 t 0.000 o.821 Peek Hour Time VOl. Pc~. Tote1 High ¥ol. Analye~s B¥:Bntire~nCersection 11:30 ~: 11:30 c c o~ o.o o.o o.o o 07:00 0 0 0 0 0.000 0 0.0 46 11:30 15 0.767 for the Period: :11:00 on 06/O&/O1 to 15:4S on 06/05/01 46 100.0 0.0 13.:30 O 0 n 0.0 O.O 0 11:30 O O 0 0 O .000 15 0 0 0 CI.O ' 0.0 0 C 0 11:30 0 0.0 74 12: O0 0 0.981 74 C O 100.0 ~.0 0.0 21 C 0 jR~ak Hour Analysls By Entire Zn:ersec:~on fo= :he Perio~: 15:00 om 06/06/01 to 17:45 on 06/06/01 Pct. ToCa! High Vol. Total 16:15 ~0 12:0C 0 0.000 0.0 0.0 0 0 16:1~ O.C 16:15 0 C 14 0,679 38 100.0 14 0 0 16:1S O.0 0 16:15 0.0C0 c C 0.0 C.G 16:1S 16:15 2S 0.910 91 100.0 2S o 0 NOV 0 5 2002 Weather : GOOD CounCed by: ~IK~/JYOTHI Boa=d ~ : 2126/2132 Othe= : Florida Transportation ~n~imee=~nS, Znc. 8250 P&sc&! Drive Cars, Trucks, Pads IAIRPORT PULLING RD'~ I Date: : 1 PIN;RZDG; CIOS~NG ~amk Time Vt1. PCC. Total Vol. Total 07:30 46 2.3 194~ Oa:lS · 4~2 9 O 0.954 O?:iO 42 l? 24' loc ~e Pm.--'iod: 07:00 off 06/06/01,~0 06:4S cm 01/o6/01 ] 07:3C S 20 0 7.4 29.6 0 .G 07:30 4.9 94.6 O.S O.O[ 10.7 2764 07:4; I 1~ 430 6 O[ · 45S I 23 1~.? 3 43 Peak · Time Vol. Pc~. Total ~igh Vol. Total Hour~&lysis By Entire ZnCersecC$on 12100 179 1466 46 1 IO.S IG.5 2.~ 16~4 12130 41 393 12 0.950 for ~he ~eriocl: 11:00 ~n 06/06/01 to 13:4S ~n 0~/06/01 12100 I 12100 I 12100 42.S 1~.' 42.S O.OI 21.t .2.4 .S.6 O.O! 26.3 3~o I lS:e I 262 12:45 J 12:00 J 12:4S 4? 15 43 Ol $2 33~ 30 oJ 33 xas ! 42~ I ~.~ ~ ~.eo~ I 22.3 21 48.9 40 - Peak Time Vol. PCC. ~ocal Vol. To~al Hour Aflalysis By Entire Intersection for the Period: 15100 16:45 137 1616 17100 477 0.952 1633 46 89.9 2 .$ 443 11 16146 112 46.2 242 17100 0.931 13.6 39.2 ~.6 6 31 0 on 06/06/01 to 17145 on 06/06/Cl 16146 150 6.9 2168 1713C 572 0.943 1917 80 1 69.2 3.7 S05 25 I 16145 2S.7 206 16:45 0.9'58 15.G 57.7 0.4 =! 4C i NOV 0 5 2002 ~ea~her : Counted by: ~OHN ~ATH~RS 2oar~ # : 2131 Other Florida Transpor~aCion ~ng].neerin~, Xn¢. I2SO Pascal Drive ', / Stu~ Name: 021310~ (941) &39-2~8 · sca~ Da~e: .06/06/c PaSs : 3 Cars, ~cko, Peds Tile 0?:15 07:15 07:15 07:15 Vol. 0 Pct. 0.0 0.0 O.O 0.~ 0.0 100.0 0.0 0.0 0.0 0.0 0.0 0.0 O.O 100.0 0.0 0.0 Total 0 13 g 23 ~igh 07:.1 -07:1S 07:15 07:45 Vol. 0 0 0 0 O 4 ~ O 0 0 O 0 0 O 12 C 0 ~F 0.~00 0.~2 ~ 0.000 0.479 Peak Hour Jmalys£s ~y.~ntire Xn~greec~ion Eot the ;eriod: Xl:00'on 0~/0~/01 to 13:4S on o4/0~/01 Ti~e 11:~0 ~, ~ 11:30 11:30 11:30 Vol. o . o o ~ oJ o ~2 o o c o c o c Pc C · Total Vol. Tocal O.O 0.0 O.O O.O[ 0.0 07:45 I 12:00 0 I. 20 O.O00 I 0.77S 100.0 0.0 0.0 2O 0 0 0.0 0 12:00 0 0 0.0oo 0.0 '0.0 0 .0 0 0 0 0.0 47 12:15 0 17 0.691 47 0 0 100.0 0.0 17 0 0 Hour ~.nalysis By k'n:ire Xnte=secCion ~or the Pe=io~: 15:00 on 06/06/01 to 17:45 on 06/o~/01 PcC. 'To,al High vol. To°a! 1S:00 0 0.0 0 12:1S ° O °.GO0 0 0 0 0.0 0.0 0.0 0 0 lS:O0 0 ~5 1S:4S 0 0.529 SS o 100.0 0.0 0 0.0 2~ O 0 15:00 0 0.0 0 15:45 0 O.OCO c o 0 ° .O C .O 0 . ° 0 0 C 15:00 C O.O 36 15:3C ° 12 G .750 36 C 0 100.0 C.G o .O 12 0 NOV. 0 5 2002 . Vol. ToC&l H£gh Vol. Total 08:00 SS 0l:30 0 3.9 0.724 SS 0 100.0 O.O 08:00 0 0 0.0 0.0 Oa:3O 0 0 0.000 I Ol:OO I QB:GO o o Gl o ~ o ~1 e o o 0 o.o o.o 0.01 o.o xoo.o o.o e.ej 0.o o.o o.0 I x~ I I ol:oo ' I oa:oo 0 o el o E 0 ol o 0 o I o.?~2 I c.ooo peak Time vol. ~igh Vol. To=al PHP Hour Afl&lysLs By EnO&re XnCersecCion for the Per&ocl: 11:00 12:4S 12:4S o 22s ~ I o c 0 o 0.o :oo.o o.o o.o o.o 0.o o.o o.o 225 12:45 12:4S O 65 0 0 C c G 0 O,OOo 'on 06/07/ol to 13:4S on 0~/07/01 X2:45 I ~2:4S 0 so e ~l o ~ o 0l O.O zoo.a .o.c o.c] o.c c.c o.c 0.c] 00 I o I ~:30 I 13:3o I .0 ~. c ~l ~ o e ol Peak Hour An&lys~.s Bi~ EnCOre InCersec=£on for the Period: 15:00 on 06/07/01 to 17:45 on 06/07/01 Time ¥ol. 'To~&l Total 15:15 0 O.O 150 15:30 0 41 C.915 150 0 100.0 0.o 41 C 15:15 0 0 0.0 15:30 0 0,0OO O.C C .0 c ¢ c :15:15 0 0.0 71 15:45 0 23 0.772 70 o 1 0 1.4 O.C 15:4~ c o O.OOC C C.C ¢ C O-C1 NOV 0 5 2002 ~elt~e~ : GOO~ ¢ou~ted b~: A,~ZE/K~K : B2S0 pascal Drive (9%1] &39-281G ~=udy Nd=e: PINE&~ Code : 0213S¢ Star: Date: CG/0$/~ Cars. ~rucks. peds Iy~CA.C~i~LON p~ACE IpiNEaIDGE RD Jy~CA-CARIL~ON p~ACH IPiN~R!DG~ Pm Ti~e I ~e~C Tt'~ru a C .... ~- ~e-iod' 0?:0O on 0~/0~/~ Co 0~:4S on ~/0~/01 T~me 07:30 J O?:3O ~ 07:30 'Gl ~ : 2s el 24 ~aG ~ c ~cc. SO.O O.O SO.O 0.01 2.S ~S.4 ~.9 O.OI 2S.~ 2.e ?~.4 e.o[ 2.9 SS.~ · ~gh Cites J 07:30 I 08:00 I 0S:~S vol. 3 0 10 Q] 14 S23 10 ~1 1 O 10 ~] 7 203 2 0 To=al 13 I S47 I 11 ~ 212 PHF 0.462 pe~Hour~alys~s By EncOre Intersection for ~he Period: 11:0~ on O~/O~/Ol ~o 13:4S on O6/06/01 Time 12:1S 97 4 1S6 01 4~ 117 G Vo!. 13 4 14 0 115 14G~ 24 1 PcC. 41.9 22.9 45.1 O,Q 7.1 91.2 1.4 O.O 27.% 1.S .~0.7 ~.O[ 3.4 93.7 :~o~ 2s~ I ~2S4 Total 31 ~2:4S [ 12:20 Vol. S ~ 6 0 40 384 S O 2G 0.934 C.705 ~eLk Hou=~al~s~s By Entire iflCer~ecClon ~or =~e Period: 1S:00 on c6/06/01 to 17:4s on ~G/06/01 :ire 16:4S [ xs:4s I ~s:4s VoZ. SS =4 SS 0l 199 1384 41 3{ 62 ~ 174 0 Gl 2!7 ~ 17:00 j 17:1~ O 22 ~B 6 4 ~i~h 17:!~ C] 1G 2 Vol. 26 ~ 1~ 01 36 397 17 612 Toed! 4~ I C.8~ p~ O.937 NOV 0 5 2002 APPENDIX B NOV 0 5 2002 Date: 5/23102 Pro)ect: Batdridge- Ebert Rezone ame: Christian R. Disher _ st ':AK SEASON PEAK HOUR' [AR 2004 Thru Left Ri Thru Left ~ ~ Right ~ Left Right ~ - "~ Left Thru Right Left Left ~ ~ Right Left [_ 232 1 ~ [-425 .t Right ~ht ~ ~ Le~ ~ght l ,so I E ~s9 .i ~"ft & L 2~2 I 747 I 4s~ I [~ I 5~s I 359 ~ ' Left Thru Right ' ~ Left Thru ~ght ~OJECT T~FFIC DIST~B~OH Lc. ! 0% ,/ E O'/o .J Right ~ght I ~% ~ ~ Le~ Thru Left 2004 AM ProI Traffic Right Right Thru Left e I 37 [:L ft Thru Left Thru Right o 0% I lOO/o I31'/o I I Left Thru Right Left Thru Right Right Thru i o I 17 I o .! E 36 I ~2 Left Thru Left I 48 ,] I o I Right Right Thru Left Thm :~ight Left Thru Right Left Thru L~ft Thru Left Left · 232 J i [425 J Thru I 2.223 J PM Right f 201 i W/Pro, ec' [_ 289 , E 2~ I 6sg I454 "J Left Thru Right Right Thru Left ;ource: FDOT I JR Report prepared by FDOT dated 8/99 NOV 0 5 2002 APPENDIX C ,~? . NOV 0 5 2002 - ART.pLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Livingston Road User Notes: Default K Factor: 0.097 From: Radio To: Golden Gate D Factor: 0.540 PHF: 0.925 Arterial AADT: 7,783 Posted Speed: 45 mph Study Period: PM PEAK Adj. Sat. Flow Rate: 1,850 Section Length: 1.41 mi. Area Type: Urbanized Artefia! Cla__._~: I Signal Type: Semiactuated --------- ~ ~ Maximum Service Volume Peak Direction "^ e.__5_____ Level of Service C t:' AADT N/A N/A 29,700 49,200 S2,5ou ArterialSpeed 30.6 'mph . --- va, Flow v/c Control .In_tl. % No Cycle Length ~J~ ....... r~ta. LU:~ -- Tprom .o AADT PHV Tums. . _. s Lanes 'feet) Ty~_. Hate .a,,v '"~' / ~----r~-113ss,210.15 1 17,3' B ~~~ i~----i--'~--11~88.210.151 17.3 B E~change Pl'ogress~~~ ~~B8.2 0.15 17,3 B 34,3/ B Off-Peak Direction Level of Service C Arterial Speed 29.2 From To AADT Golden gate Progress Exchange mph PHV__ F % No Cycle Tu.......m s Lanes Maximum service volumes are not calculated for the off-peak direct/on. al vic Control Int. _ ~ Link /annth Arl~V Flow . ,,.,= 5peea LOS 3643 :3 3_3~1~.~ _.~. ~'.; ~ P6.7 D NOV 0 5 2002 Printed:l 1/2E ~.001 ~~ ART-PLAN 4.0 Arterial Level of Service Based on Chapter 11 of Ihe 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Pine Ridge Road User Notes: K Factor:. 0.097 D Factor:. 0.610 PHF: 0.950 ArteriaIAADT: 44,107 Posted Speed: 45 mph Area Type: Urbanized Arterial'ClaSs: I From: Airport Pulling To: 1-75 East Signal Study Period: PM PEAK Adj. Sat. Flow Rate: 1,850 Section Length: 2.09 mi. Signal Type: Semiactuated Peak Direction Level of Service D Arterial Speed 21.1 mph From To Airport Ke nsinc, lton Livingston Whipporwill 1-75 W. Si,q Kensington Livingston Vvhipporwill 1-75 W. Si~l. 1-75 E. Si~l. Maximum Service Volume A B C D E I AADT I N/A N/A 20,200 44,400 46,900 PHV[ N/A N/A 1,200 2,630 2,780 % No Cycle Length Arrival Flow vic Control Int. Unk AADT PHV Turns Lanes Lenc~th glC (feet) Type Rate Ratio Delay LOS Speed LOS 144107p~0 1 ~2 13.0 1~20 10.44 I~,1 4 11241610.,91 32.51 c123.71 PI 1441°7 !26~° I ~2 13.0 I 420 10.44 I ~4° I 4 l~24~610. ,91 32.51 c123.01 D I 144~°7 126~° I ~2 13.0 1 420 10.~4 I ~°1 4 1124~sl o, ,91 32.51 c123.01 D I Level of Service D Arterial Speed From To 1-75 E. Sig. 1-75 W. Sig. Whipporwill Livingston Kensington 1-75 W. Sig Whipporwill Livingston Kensington Airport Off-Peak Direction Ma~dmum servfce volumes are not calculated for the off-peak c~rec#on. 23.6 mph % "O Cycle Length Arrival Flow ¥/c Control Int. S'"~"ed .Ll_n_k AADT PHV Tums Lanes Length g/C (feet) lype Rate Ratio Delay LOS ~ LU~, 44107 1669 12 3.0 120 0.44 898 3 1546 063 27.0 C 14.2 F 144107116691 '~2 13.0 1'~20 10.44 I~1 3 1154610163127.0l C 122.61 D 144'~o711ee91 ~2 13.o I'~=o Io.44 I :~,4ol 3 1'~5461o631 27.ol c125-51 D I 44'~ 0711669 | '~2 / 3.0 / 12o 10.44 I :ze4°l 3 ! 15461 0631 27.01 C I 25-51D |44'~07/'~669/ ~2 J3.0 l'~20 10.44 !=~1 3 115461rmRI 27.ol c 126.31 D NOV 0 5 2002 Printed:09/' 1/200a8~ APPENDIX D .~~_ NOV 0 5 2002 2004-AM Peak without Project Provided Timings ~OV 0 § 2002 Timings 1: Pine Riddle Road & Livin~lston Road 6/3/2002 Lane Configurations Volume (vph) Turn Type Protected Phases Permitted Phases Detector Phases Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Yellow Time (s) Ali-Red Time (s) Lead/Lag Lead-Lag Optimize? Recall Mode Act Effct Green (s) Actuated g/.C Ratio v/c Ratio Uniform Delay, dl LOS ApproaCh Delay . Approach LOS 168 1290 218 418 1778 '418 168 595 Prot Perm Prot Perm Prot 1 6 5 2 7 4 1 6 7,0 20.0 .11,0 ·26,5 28,0 66,5 17% 40% 3,0 4.5 1,0 2,0 Lead Lag 'Yes Yes None Min 13,1 57,2 0,09 0,38 '0.61 0,72 65.2 38,8 '66.6 ' ' 39.6 E D . . 40,0. D 6 2 6 5 2 2 7 4 20.0 7,0 20,0 20.0 7.0 20,0 . 26,5 11,0 26.5 .26,5 11,0 26,5 66.5 28.0 66,5 66.5 28.0 42.5 40% 17% 40% 40% 17% 26% 4.5 3.0 4.5 4,5 3.0 4.5 2.0 1,0 2,0 2,0 1,0 2,0 Lag Lead Lag Lag Lag Lead Yes Yes Yes Yes Yes Yes Min None Min Min None None 57.2 22,6 66,7 66,7 22,8 28,6 0,38 0,15 0,45 0,45 0.15 0,19 0,36 0,87 0,85 0,59 0,35 0,66 20,6 61,6 36.4 22.1 56.2 55,5 21.9 70,4 38.8 23.8 58,7 55,7 C E D C E E 41,5 45,6 D D 359 536 Perm Prot 3 4 4 3 20.0 7.0 26,5 11,0 42.5 28.0 26% 17% 4,5 3.0 2.O 1,0 Lead Lag Yes --Yes None None 28,6 24,1 O,19 0.16 ~0~79: L'i.04 21.9 62.2 22.7.- 108.5 C F 691 183 Perm 6 8 6 8 20.O 20.O 26.5 26.5 42.5 42.5 26% 26% 4.5 4.5 2.0 2.0 Lead Lead -Yes Yes None None 30,0 30.0 0,20 O.2O 0,73 --0.50 55.5 24,4 :55,8 25.1 E C 71,9 E In'3a sa Cycle Length: 165 Actuated Cycle Length: 148.7 Natural Cycle: 100 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.04 Intersection Signal Delay: 48.1 Intersection Capacity Utilization 89.8% Intersection LOS: D ICU Level of Service D Splits and Phases: 1: Pine Ridge Road & Livingston Road 40150 Baldridge Ebert 7/6/2001 2004 AM Peak without Project, Provided Timings VANASSFORT-ST51 AGENOA rr[N N~~epc Page NOV 0 5 2002 ~004-AM Peak without Project Optimized Timings NOV 0 5 2O02 Timings ,1- Pine Riddle Road & Livin~lston Road 6/3/200? Lane Configurations ~ ~,~,~ ~ ~ ~,~,,~ ~' ~ ~,~,,~, i~. ~ ~,~,~ ~ Volume (vph) 168 1290 218 418 1778 418 168 595 359 536 691 183 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases... I 6 5 2 7 4 3 8 Permitted Phases 6 2 4 8 Detector Phases 1 6 6 5 2 2 7 4 4 3 8 8 Minimum Initial(s) 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 Minimum Split(s) .11.0 26.5 26.5 11.0 26.5 26.5 11.0 26.5 26.5 11.0 26.5 26.5 Total Split(s) 11.0 34.5 34.5 18.0 41.5 41.5 14.0 26.5 26.5 21.0 33.5 33.5 Total Split (%) 11% 35% 35% 18% 42% 42% 14% 27% 27% 21% 34% 34% Yellow Time (s) 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 45 3.0 4.5 4.5 Ali-Red Time (s) 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 Lead/Lag Lag Lag Lag Lead Lead Lead Lead Lag Lag Lead Lag Lag Lead-Lag Optimize? - -, Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None Min Min None Min Min None None None None None None Act EffctGreeri(s) , ..... ,~..7.0., :30.5 30.5 14.0 37.5. , 37.5 9.4 22.5 22.5 17.0 -30.1 30.1 Actuated glC Ratio 0.07 0.31 0.31 0.14 0.38 0.38 0.09 0.23 0.23 0.17 0.30 0.30 v/cRatio ',"~'~':) . - ~'0.76~ 0.90 0.42 0.94 i.01 .- 0.64 0.57 0.57 0.65 1.00 0.49 0.35 Uniform DelaY,,.dl 45.7 33.3 13.1 42.6 31.3 14.3 43.3 34.4 5.9 41.5 28.7 9.0 Delay "54.2 36.8 13.7 62.9 50.4 ~",:15.1 43.4 34.6 '- 7.8 69.6'29.0 10.7 LOS D D B E D B D C A E C B Approach Delay '. ii'-'..."~:':~ ~"].~.i~. 35.6 46.7 ' ' 27.4 42/1 Approach LOS D D' C D Cycle Length: 100 Actuated Cycle' Length~il 0.0/i., _ ' ' Natural Cycle: 100 Control Type: semi Act-Uncoord Maximum v/c Ratio: 1.01 Intersection Signal Delay:. 39.8 Intersection Capacity Utilization 89.8% Intersection LOS: D ICU Level of Service D Splits and Phases: 1: Pine Ridge Road & Livingston Road e2 el e3 t~ ~4 ~ e5 ~' e8 40150 Baldridge Ebert 7/6/2001 2004 AM Peak without Project. Optimized Timings VANASSFORT-ST51 NOV O 5 1 2004-PM Peak without Project Provided Timings NOV 0 5 2002 ~,~.~(~l _ Timings ,1: Pine Riddle Road & Livingston Road 6/3/2002 Volume (vph) Turn Type Protected Phases Permitted Phases Detector PhaSes Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Yellow Time (s) Ali-Red Time (s) Lead/Lag Lead-Lag Optim!ze? Recall Mode Act Effct Green (s) Actuated g/C Ratio v/c RatiO: Uniform Delay, dl Delay LOS Appr°ach~:Delay ~ . Approach LOS 232 2164 180 289 986 Prot Perm Prot 1 6 5 2 6 I 6 6 7.0 20.0 20.0 ....... 11.0 .26.5. 26.5 28.0 66.5 66.5 17% 40% 40% 3.0 4.5 4.5 1.0 2.0 2.0 Lead Lag Lag Yes Yes Yes None Min Min 16.6 62.8 .62.8 0.11 0.40 0.40 0.69 1.15 0.30 67.0 46.5 24.5 67.8 117.3 26.7 E F C .... lO .5 F 5 2 7.0 20.0 11.0.-~26.5 28.0 66.5 17% 40% 3.0 4.5 1.0 2.0 Lead Lag . Yes Yes 'None Min 425 212 Perm Prot 7 2 2 7 20.0 7.0 -26.5 11.0 66.5 28.0 40% · 17% 4.5 3.0 2.0 1.0 Lag Lag Yes "Yes' Min None 19.1 65.3.. ::65~3 :..:3!.2 0.12 0.42 0.42 0.20 0.75 0.50 0.59 0.33 65.9 33.2 17.9 53.3 66.6 34.5 19.7 54.4 E C B D 36.3 D 747 451 426 550 146 Perm Prot Perm 4 3 8 4 8 4 4 3 8 8 20.0 20.0 7.0 20.0 20.0 . 26.5 --'.26.5- · 11.0 26.5 26.5 42.5 42.5 28.0 42.5 42.5 26% 26% :17% 26% 26% 4.5 4.5 3.0 4.5 4.5 2.0 2.0 1:0 2.0 2.0 Lead Lead Lag Lead Lead Yes Yes Yes Yes Yes None None None None None 34.7 ,34.7. '23.1 -26.6 ' 26.6 0.22 0.22 0.15 0.17 0.17 0.72 0:92 -. 0.91 ' -0:69 0.45 55.9 30.2 65.2 60.7 19.6 56.3 -38.4 77.2 61.4 22.3 E D E E C 50.3 ..... 62.3 D E Cycle Length: 165 Actuated CYCle Length: 155.8 Natural Cycle: 120 Control Type: Semi Act-Uncoord Maximum v/c Ratio: ~1.15 Intersection signal Delay: 70.0 Intersection Capacity Utilization 99.0% 'Intersection' LOs: E ICU Level of Service E Splits and Phases: 1: Pine Ridge Road & Livingston Road el e2 e4 e3 40150 Baldridge Ebert 7/6/2001 2004 PM Peak without Project, Provided Timings VANASSFORT-ST51 0 5 1 2004-PM Peak without Project Optimized Timings NOV 0 5 2002 Timings ,1' Pine Riddle Road & Livingston Road 6/3/2002 Volume (vph) : 232 2164 180 289 986 425 212 747 Turn Type Prot Perm Prot Perm Prot Protected Phases 1 6 5 2 7 4 Permitted Phases 6 2 Detector Phases 1 6 6 5 2 2 7 4 Minimum Initial'(s) 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 Minimum Split (s) .-.. -:-,. 11.0 -26.5 26.5 - 11.0 26.5.:..26.5 11.0 .. 26.5 Total Split (s) 18.0 59.0 59,0 14.0 55.0 55.0 17.0 28.0 Total Split (%) .. ~ r."~~' : ''~'' -~ ~ 5% 49% 49% 12% 46% '46% 14% '23% Yellow Time (s) 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 Ali-Red Time (s) 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Yes' ,. Yes Yes '.' ' Yes Recall Mode None Min Min None Min Min None None Actuated g/C Ratio 0.11 0.46 0.46 '0.08 0.43 0.43 0.10 0.20 0.26 1.10 '0.49'.0.54 0.67. 0.80 13.1 55.0 24.3 7.3 52.0 45.7 .13.4 116.2 24.7 '8.1 52.0 46.0 B F C A D D 36.1 '62.6. D E v/c Ratio.":.~:::,:~;' -':- ~.,:. 7 ~?. '-i .0..68 ". 1.01 Uniform Delay, dl 51.5 32.5 Delay' .... .. .. :5.1.6 ; 49.0 LOS D D .Approaq.h, ~D.e!ay ...... :'...~,.. ~4_6.8 Approach LOS D 451 426 550 146 Perm P~'ot Perm 3 8 4 8 4 3 8 8 20.0 7.0 20.0 20.0 26.5 -. 1_1.0 26.5: .~26.5 28.0 19.0 30.0 30.0 23% :16% 25% 25% ,4.5 3.0 4.5 4.5 =.0 1.0 2.0 2.0 Lag Lead Lag Lag Yes ":~ Yes : Yes ~"'-'Yes None None None None 24.0.. :15.0 27.~0., 2~.0 0.20 0.13 0.23 0.23 1.11 .1.08 0.52 0.34 31.2 52.5 40.9 4.6 95.3 103.3 4i:3 .9.1 F F D A ·60.7 E Cycle Length: 120 Actuated 'CycleLength:' 120 Natural Cycle: 120 Control. Ty~e: Semi Act-UnC°°rd Maximum v/c Ratio: 1.11 InterseCtion SignaI.Delayi 49.7 Intersection Capacity Utilization 99.0% Intersectior~'LOS: D" ICU Level of Service E Splits and Phases: 1: Pine Ridge Road & Livingston Road 40150 Baldridge Ebert 7/6/2001 2004 PM Peak without Project, Optimized Timings VANASSFORT-ST51 AGENDA ITEM ~,'~ Synchro 5 Report NOV 0 5 ~el 2004-AM Peak with Project Provided Timings NOV 0 5 2002 Timings 1' Pine Ridge Road & Livin~lston Road 6/3/200? Lane Configurations ~ ~,~,,~ ~r ~ '~"~"~'~' ~ ~.,~, i~' ~ ~,~,~. Volume (vph) 168 1319 228 418 1778 418 174 632 359 557 699 183 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases I 6 5 2 7 4 3 8 Permitted Phases 6 2 4 8 Detector Phases 1 6 6 5 2 2 7 4 4 3 8 8 Minimum Initial (s) 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 Minimum Split(s) 11.0 .26.5 26.5 11.0 .- 26.5 - 26.5 - 11,0 26.5 26.5 .11.0 26.5 26.5 Total Split (s) 28.0 66.5 66.5 28,0 66.5 66.5 28.0 42.5 42.5 28.0 42.5 42.5 Total Split (%) 17% 40% 40% 17% 40% 40% '17% 26% 26% 17% 26% 26% Yellow Time (s) 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 4.5 Ali-Red Time (s) 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 1 ;0 2.0 2.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lag Lead Lead Lag Lead Lead Lead-Lag Optimize? Yes Yes Yes Yes Yes .. Yes "-- Yes Yes Yes' 'yes~ Yes Yes Recall Mode None Min Min None Min Min None None None None None None Act Effct Green (s) ~,.:, 13.2,~ 57.9 57.9 22.7 .67.5.v-67.5 23.4 29.8 ;29.8 24.1 :30.5 30.5 Actuated g/C Ratio 0.09 0.38 0.38 0.15 0.45 0.45 0.16 0.20 0.20 0.16- 0.20 0.20 vic Ratio. ,: ~ · .. 0.61 .0.73 0.38 0.88 0.85 0.59 0.35 0.68 0.80 - 1,10' -0.74 0.50 Uniform Delay, d1 66.2 39.7 21.3 62.5 37.1 22.5 56.8 56.0 24.1 63.2 56.3' 25.0 Delay, . . 67.6 40.5 22.5 72.1 39.5 24.2 59.2 56.2 24.6 124.1 56.6 25.6 LOS E D C E D C E E C F E C Approach Delay ,. ~ 40.8 4~.2_. 46.9 78.8 Approach LOS D D D E Cycle Length: 165 Actuated Cycle Length: 150.7 · Natural Cycle: 100 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.10 Intersection Signal Delay: 50.2 Intersection Capacity Utilization 90.4% Intersection LOS: D ICU Level of Service E Splits and Phases: 1: Pine Ridge Road & Livingston Road m4 ~3 40150 Baldridge Ebert 7/6/2001 2004 AM Peak with Project, Provided Timings VANASSFORT-ST51 Synchro..l~epo~t NOV'05Z Page 2004-AM Peak with Project Optimized Timings 2002 Timings ,1' Pine Riddle Road & Livingston Road 6/3/2002 Lane Configurations ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Volume (vph) Turn Type Protected Phases Permitted Phases Detector Phases Minimum Initial (s) Minimum Split (s) Total Split (s) Total Split (%) Yellow Time (s) All-Red Time (s) Lead/Lag Leed-Lag Optimize? · Recall Mode Act Effct Green (s) Actuated g/C Ratio vic Ratio ' ~ ~' Uniform Delay: (il Delay.. ,:... LOS Approach Delay Approach LOS 168 1319 228 418 1778 418 174 632 359 557 Prot Perm Prot Perm Prot Perm Prot 1 6 5 2 7 4 3 6 2 4 1 6 6 5 2 2 7 4 4 3 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 7.0 11.0 26.5 . .26.5 11.0 - 26.5 . 26.5 11.0 26.5 -26.5 · 11.0 11.0 34.5 34.5 18.0 41.5 41.5 14.0 26.5 26.5 21.0 · 11% 35% 35% 18% 42% 42% 14% 27% 27% 21% 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 4.5 3.0 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 '2.0 1.0 Lag Lag Lag Lead Lead Lead Lead Lag _. Lag Lead Yes Yes Yes Yes Yes Yes Yes · :. yes yes Yes' None Min Min None Min Min None None None None 7.0 30.5 30.5 14.0 37.5' 37.5 9.5 22.5 22.5 :, 17.0 0.07 0.31 0.31 0.14 0.38 0.38 0.10 0.23 0.23 0.17 0.44 0.94 1.01 0.64 0.58 0.60' 0.65 1.04 13.4 42.6 31.3 14.3 43.3 34.7 5.9 41.5 14.0 62.9 50.4 15.1 43.4 34.9 7.6 77.8 B E D B D C A E 46.7 27.8 D C · .0.76 0.92 45.7 33.6` 54.2 38.7 D D .~ i .. 36.9 D 699 183 Perm 8 8 8 8 20.0 2O.0 · 26.5 .,26.5 33.5 33.5 34% 34% 4.5 4.5 2.0 2.0 Lag Lag · Yes Yes None None :30.0 30.0 0.30 0.30 0.50 0.35 28.8 9.2 29.1 10.8 C B 45.6 D Cycle Length: 100 Actuated Cycle Length: 100 Natural Cycle: 100 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.04 Intersection Signal Delay: 40.9 Intersection Capacity Utilization 90.4% Intersection LOS: D ICU Level of Service E Splits and Phases: 1: Pine Ridge Road & Livingston Road m3 ~4 40150 Baldridge Ebert 716/2001 2004 AM Peak with Project, Optimized Timings VANASSFORT-ST51 [ Synchro 5 Report , , .: 7Page'1 2004-PM Peak with Project Provided Timings NOV 0 5 2002 Timings 1' Pine Ridge Road & Livingston Road 6/3/2002 Lane Configurations ~ ~,~. ~r ~ ~ ~ ~ ~ ~ ~ ~ ~ Volume (~h) 232 2223 201 289 986 425 248 859 451 474 567 '146 Turn T~e Prot Perm Prot Perm Prot Pe~ Prot Perm Protected Phases I 6 5 2 7 4 3 8 Permi~ed Phases 6 2 4 8 Detector Phases I 6 6 5 2 2 7 4 4 3 8 8 Minimum Initial (s) 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 7.0 20.0 20.0 Minimum Split (s) 11.0 26.5 26.5 11.0 26.5 .26.5 11.0 26.5 26.5 11.0 26.5 26.5 Total Split (s) 28.0 66.5 66.5 28.0 66.5 66.5 28.0 42.5 42.5 28.0 42.5 42.5 To~lSplit(%) 17% 40% 40% 17% 40% 40% 17% 26% 26% 17% 26~o 26% Yellow Time (s) 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 4.5 3.0 4.5 4.5 ~l-Red Time (s) 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 Lead/Lag Lead Lag Lag Lead Lag Lag Lag Lead Lead Lag Lead Lead Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recall Mode None Min Min None Min Min None None None None None None Act Effct Green (s) 16.8 62.6 62.6 19.4 65.2 ' 65.2 33.6 36.7 36.7 . 24.0 .27.2 27.2 Actuated g/C Ratio 0.11 0.39 0.39 0.12 0.41 0.41 ~ 0.21 0.23 0.23 0.15 '0.17 0.17 v/c Ratio 0.69 1.21 0.~ 0.75 0.51 ~, 0.60 0.37 0.79 '0.~ ' ;0.99 0.71 0.45 Uniform Delay, dl 68.5 48.1 26.4 67.3 35.0 18.8 53.5 57.5 ~.6' 67.2 62.0 21.1 Delay 68.8 138.7 27.8 67.6 35.7 20.1- ~.9 57.6 ~.7 101.2 62.3 23.0 LOS E F C E D C D E D - F E C ~proach Delay . 124.2 37.2 . 53.4 -73.O ~proach LOS F D D E Cycle Length: 165 Actuated Cycle Length: 158.9 Natural Cycle: 130 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.21 Intersection Signal Delay: 79.3 Intersection Capacity Utilization 101.7% Intersection LOS: E ICU Level of Service F Splits and Phases: 1: Pine Ridge Road & Livingston Road 40150 Baldridge Ebert 719/2001 2004 PM Peak with Project, Provided Timings VANASSFORT-ST51 S,l~Ch ro 5_R_ eBort V 0 5 2004-PM Peak with Project Optimized Timings NOV 0 5 2002 q~ Timings 1' Pine Riddle Road & Livi%lston Road 6/3/2002 Lane Configurations ~ ~.~.~. i~ 1~ ~.~.~ ~ ~ ~,~.~ ~ 1~ ~.~. i~ Volume (vph) 232 Turn Type Prot Protected Phases 1 Permitted Phases Detector Phases 1 Minimum Initial (s) 7.0 Minimum Split (s) 11.0 Total Split (s) 17.0 Total Split (%) 15% Yellow Time (s) 3.0 Ali-Red Time (s) 1.0 Lead/Lag Lead Lead-Lag Optimize? ' Yes Recall Mode None Act Effct Green (s) 12.0 Actuated g/C Ratio 0.11 vic Ratio' .. ~!:': ' ' ' 0.67 Uniform Delay, dl 47.0 Delay . . 47.1 LOS D Approach Delay : . Approach LOS 2223 201 289 986 Perm Prot 6 5 2 6 6 6 5 20.0 20.0 7.0 26.5 26.5 11.0 52.5 52.5 13.0 48% 48% 12% 4.5 4.5 3.0 2.0 2.0 1.0 Lag Lag Lead Yes Yes Yes Min Min None 48.5 48.5 9.0 0.44 0.44 0.08 1.08 0.30 1.12 30.7 12.7 50.5 70.8 13.1 119.1 E B F 64.4 E 20.0 26.5 48.5 44% 4.5 2.0 Lag Yes Min 45.5 0.41 0.51 24.0 6.4 24.3 ~7.3 C A 36.2 ~ D 425 248 Perm Prot 7 2 2 7 20.0 7.0 26.5 . 11.0 48.5 18.0 44% 16% 4.5 3.0 2.0 1.0 Lag Lead Yes Yes Min None 45.5 ,.., 12.8 0.41 0.12 0:55 0.68 46.6 46.5 D 859 451 474 567 146 Perm Prot Perm 4 3 8 4 8 4 4 3 8 8 20.0 20.0 7.0 20.0 20.0 26.5 26.5 11.0 26.5 26.5 26.5 26.5 18.0 26.5 26.5 24% 24% 16% 24% 24% 4.5 4.5 3.0 4.5 4.5 2.0 2.0 1.0 2.0 2.0 Lead Lead Lag Lag Lag Yes Yes Yes Yes Yes None None None None None 22.6 22.6 14.0 23.7:23.7 0.21 0.21 0.13 0.22 0.22 0.90 1.09 1.18 0.56 .0.35 42.6 28.3 48.0 38.5 3.0 46.0 81.4 127.5 '39.0 8.0 D F F D A 56.3 70.5 E E Actuated Cycle Length: 110 Natural Cycle: 110 Control Type: Semi Act-Uncoord Maximum v/c Ratio: 1.18 Intersection Signal Delay: 56.9 Intersection Capacity Utilization 101.7% Intersection LOS: E ICU Level of Service F Splits and Phases: 1: Pine Ridge Road & Livingston Road ~ e7 ¢3 40150 Baldridge Ebert VANASSFORT-ST51 7/9/2001 2004 PM Peak with Project, Optimized Timings Synchr~" 5 Report NOV 0 5 ~;!el APPENDIX E NOV 0 § 2002 2004-AM Peak with Project NOV 0 5 2002 HCM Unsignalized Intersection Capacity Analysis 61312002 2: Southern Access I & Livingston Road Lane Configurations Sign Control Stop Grade 0% Volume (veh/h) 0 0 Peak Hour Factor 0.92 0.92 Hourly flow rate (v~h/h) 0 0 Pedestrians Lane Width (ft) .. Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 1916 2771 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 7.5 6.5 tC, 2stage(s) "' ;... tF (s) 3.5 4.0 pO queue free % . - 100 100 cM capacity (~eh/h) 37 17 Stop Free Free 0% 0% 0 56 0 13 0 1100 53 51 1294 0 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0 61 0 14 0 1196 58 55 1407 0 2 None 469 1775 2713 399 1407 1253 6.9 7.5 ....6.5 6.9 4.1 4.1 3.3 3.5 4.0 3.3 2.2 2.2 100 ... 0 ,..,~100 '-.- 98.. "100 ' 90 541 48 19 601 481 551 Volume Total -.. 0 75 399 399 399 58 55 469 469 469 Volume Left 0 61 0 0 0 0 55 0 0 0 Volume Right :' 0 14 0 0 0 58 0 0 0 0 cSH 1700 227 1700 1700 1700 1700 551 1700 1700 1700 Volume to Capacity 0.00 0.33 0.23 0.23 0.23 0.03 0.10 0.28 0.28 Q 28 Queue Length (ft) 0 34 0 0 0 0 8 0 0 0 ......... Control Delay (s) 0.0 28.5 .0.0 0.0 0.0 0.0 12.3 0.0 0.0 0.0 Lane LOS A D B ... Approach Delay (s) 0.0 28.5 0.0 ... 0.5. Approach LOS A D Average Delay 1.0 Intersection Capacity Utilization 37.2% · .ICU'Level of serVice A 40150 Baldridge Ebert 7/6/2001 2004 AM Peak with Project, Provided Timings VANASSFORToST51 AGCd, IOA ITl~4~ N~ ~"_ I-~r- SynchrO-~ ~eport NOV 0 HCM Unsignalized Intersection Capacity Analysis 7: Northern Access 2 & Livin~lston Road 6/3/2002 Lane Configurations Sign Control .. Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (veh/h) Pedestrians Lane Width(ft).-;..-.:-.: ~ . Walking Speed (ft/s) Percent Blockage -' Right turn flare (veh) Median type' ;: .' None Median storage veh) vC, conflicting volume' 1697 vC1, stage 1 conf vol vC2, stage 2 conf vol .'.- tC, single (s) 6.8 tO,'2 stage (s) ":' .:( :i:- tF (s) 315 pO queue free ,% .. ,:'~- .. ! oo Stop Free 0% 0% 0 52 1113 0.92 0.92 0.92 0 57 1210 13 0.92 14 " 'Free 0% 0 1345 0.92 0.92' 0 1462 403 1210 6.9 3.3 91 572 .... . -,, . . . : . :: .~ Volume Left 0 VOlume Right ~?::i.?..:::~:;'".~ ~: :i-. 'i '57. cSH 597 Volume to capaCityl.' ' 0.09 Queue Length (fi) 8 Control Delay (s) - . : 11.7 Lane LOS B 0 0 0 0 0 0 0 1700 '1700 :1700 1700 1700 1700 1700 0.24 0.24 0.24 0.01 0.29 0.29 0.29 0 0 0 0 0 0 0 0.0 0.0 0.0 0:0- 0.0 0.0 0.0 Approach' Delay (s) i.. 11.7 0.0 ' 0.0' Approach LOS B Average Delay 0.2 intersection Capacity Utilization 33.5% ICU Level of Service A NOV 0 5 2002 40150 Baldridge Ebert VANASSFORT-ST51 7/6/2001 2004 AM Peak with Project, Provided Timings Synchro 5 Report Page 2 HCM Unsignalized Intersection Capacity Analysis 6~3~2002 11' Pine Ridge Road & Western Access 3 ,,, Lane Configurations Sign Control . Free Grade 0% Volume (veh/h) · 2173. Peak Hour Factor 0.92 Hourly flow rate (veh/h) 2362 Pedestrians Lane Width'(ft) . -., · Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume vC1. stage 1 conf vol vC2. stage 2 conf vol tC. single (s) tO, 2 stage ($)' ' ':. '~' tF (s) pO queue fr, ee % Free O% 62 0 2614 0.92 0.92 0.92 67 0 2841 2362 Stop 0% 0 3O 0.92 0.92 0 33 None 6.8 6.9 3.5 3.3 ,!0o- eg.:;:: :,.:. ~:' :..: .: : ./.: ":/:.:' .'..'i :i~...':! .-,: ?-- :.-: .~ cM capacity (veh/h) 204 6 334 [~.~~~-B~i~-B--~--~jEB,,-3-~-~.EB,,,4~/~B:i~i~~~E~.~:.'~.¢:~ .~,- v.. ,- ~Volume Total 787 /olume Left: ;.~ .... -.,. ~, ,0 Volume Right 0 cSH .'--':°:-;::': ;;~;~: ':.'.1700' Volu me to Capacity 0.46 Queue Length (ft) ; . 0' Control Delay (s) 0.0 Lane LOS Approach Delay (S)' 0.0 787 787 67 947 947 947 33 -'o ."-- ' o - o: o' ,i:'o'." .::.;'?:o.'. o :. :..'- .... 0 ' '0' 67 0 0 · 0 '33 1700' 1700 '1700: 1.700. ' 1700':!.:1700':~334. ~.".':."' ":%" ' ' 0.46 0.46 0.04 0.56 0.56 0.56 0.10 'o o o o -o ' -.o" ' 8 ". :,;~;-:~':,:--.'"':'~.:!i" 0.0 0.0 0.0 0.0 0.0 0.0 16.9 .... '-': C ' ':"-.'~:-. ;i':' ..-'- '-- 0.0 16.9 Approach LOS . ...-- : - C ' ,~'-': :" ~ Average DelaY 0.1 Intersection Capacity Utilization 58.2% ICU Level of Service A NOV 0 5 2002 40150 Baldridge Ebert 7/6/2001 2004 AM Peak with Project, Provided Timings VANASSFORT-ST51 Synchro 5 Report Page 3 HCM Unsignalized Intersection Capacity Analysis 13: Pine Ridge Road & Eastern Access 4 6/3/2002 Lane Configurations Sign Control Free Grade 0% Volume (veh/h) 2196 7 59 Peak Hour Factor 0.92 0.92 0.92 Hourly flow rate (veh/h) 2387 8 64 Pedestrians Lane Width (fi) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type . i Median storage veh} vC, conflicting volume' 2395 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.1 -Free Stop 0% 0% 2614 0 0.92 0.92 2841 0 30 0.92 33 None 3462 6.8 796 6;9 tF (s) 2.2 3~5 3.3 p0 queue free % ': . ,i ... ~-.... :.-. i:, .68' ..,: 'i00 : 90 :'.' - cM capacity (veh/h) 'i 98 3 330 Volume Total 796 796 Volume Left' ;0 0 Volume Right 0 0 cSH .' ..~.. · .. Volume to Capacity Queue Length(fi) Control Delay (s) Lane LOS :..' .- Approach D~iay (s) 0.0 Approach LOS . . . .1700' 1700 0.47 0.47 0 O' 0.0 0.0 796 8 .64 947 947 .0 ..'.:. 0 :64~. , O...-.'.'~ 0 0 8 0 0 0 '1700 1700 198 i700.-1700 0.47 0.00 0.32 0.56 0.56 0 0 33' 0 0 "b.0 0:0 31.7 0.0 0.0 0.7 947 0 0 -1700 0.56 '0 0.0 33 0.10 17.1 C 17.1 C Average Delay 0.5 Intersection Capacity Utilization 58.2% ICU Level of Service A NOV 0 5 2002 40150 Baldridge Ebert VANASSFORT-ST51 7/6/2001 2004 AM Peak with Project, Provided Timings Synchro 5 Report Page 4 2004-PM Peak with Project NOV 0 5 2002 .,. lO ~'"' HCM Unsignalized Intersection Capacity Analysis 2: Southern Access 1 & Livin~lston Road 6~3~2002 Lane Configurations '~ 4' i~ Sign Control : Stop Stop' Grade 0% 0% Volume (veh/h) 0 0 0 108 0 37 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 0 0 0 117 0 40 Pedestrians Lane Width (ft) .-. Walking Speed (ftYs) Percent Blockage Right turn flare (veh) 2 Median type None None Median storage veh) vC, conflicting volume 1766 2905' 343 2074 2760 497 vC1, stage 1 conf ~;ol vC2, stage 2 conf vol tC, single (s) 7.5 6.5 6.9 ' 7.5 6.5 6.9 tC, 2stage(s)' :- ..... :-'-'' "" tF (s) 3.5 ;4.0 3.3 3.5 4.0 3.3 pO queue free % 100 100 100 0 100 92 cM capacity (veh/h) 37 11 653 24 13 518 0 0 0.92 0.92 0 0 'Free Free 0% 0% 1372 1 34 110 947 0.92 0.92 0.92 0.92 1491 146 120 1029 1029 1637 4.1 4.1 2.2 2.2 1 O0 70 671 392 D~rectmon;,,Eane:~'~-~EB~i~NB~NB:.j2:~.NB~_~.NiB~,SB:~.,x,,~;,SB:2~ SB 3.~.~.SB ~ .... Volume Total 0 158 497 ' 497 497 146 120 Volume Left 0 117 0 0 0 0 120 Volume Right. 0 40 0 0 0 146 0 ¢SH 1700 46 1700 1700 1700 1700 392 Volume to Capacity 0.00 3.43 0.29 0.29 0.29 0.09 0.30 Queue Length (ft) 0 Err 0 0 0 0 32 Control Delay (S) 0.0 Err 0.0 0.0 0.0 0.0 18.2 Lane LOS A F C Approach Delay (s) 0.0 Err 0.0 1.9 Approach LOS A F 343 343 343 0 0 0 0' 0 0 1700 1700 1700 0.20 0.20 0.20 0 0 0 0.0 0.0 0.0 Average Delay 536.1 Intersection Capacity Utilization 51.9% ICU Level of Service A NOV 0 5 2002 40150 Baldridge Ebert VANASS FO RT-ST51 7/9/2001 2004 PM Peak with Project, Provided Timings Synchro 5 Report Page 1 HCM Unsignalized Intersection Capacity Analysis 61312002 7: Northern Access 2 & Livingston Road Lane Configu rations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (veh/h) Pedestrians Lane Width (ft).. Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median type : Median storage veh) vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) pO queue free % .:" Stop Free 0% 0% 0 149 1409 34 0.92 0.92 0.92 0.92 0 162 1532 37 'Fre~ 0% 0 1057 0.92 0.92 0 1149 None 1914 511 1532 6.8 6.9 3.5 3.3 100 68 60 508 2.2 _.100. 431 .: ......... Volu me Total '-.- ".-' 162_.. 511 511 511 Volume Left .... 0 0 0 . 0 Volume Right.-' ' ' ~' 162' 0 ' 0 '.0 cSH 508 1700 1700 1700 Volume to .Capacity 0.32 0.30 0.30 0.30 Queue Length (ft) 34 0 0 0 Control Delay (s) -: 15.4 0.0 0.0 0.0 Lane LOS C Approach Delay (s) 15.4 0.0 37:~.. 383. _ .3.~8~ ..... 3,83 0 0 0 0 _-37. '?.:~..:~?'O'?~?~ 01~'-'.;?'0""-'. ' :"'"': ' ' -" ~~' ~'~ :"-i~i:~-~j.~':' 1700 1700 1700 1700 0.02 '0.23 ..... 0.23' 0.23 ' . '.. 0 0 0 0 0.0 0.0'" 0.0 0.0 0.0 Approach LOS C Average Delay 0.9 Intersection CaPacity Utilization 46.3% ICU LeVel of Service A 40150 Baldridge Ebert VANASS FO RT-ST51 7/9/2001 2004 PM Peak with Project, Provided Timings NOV 0 5 2002 Synchro 5 Report Page 2 HCM Unsignalized Intersection Capacity Analysis , 11: Pine Riddle Road & Western Access 3 6/3/2002 Movem~~l~BT,.,~.~ EBB ~,, ~7-~ L':'~',W BT,..... N BE.., Lane Configurations Sign Control Free ' Grade 0% Volume (veh/h) ' 3028 120 0 Peak Hour FactOr 0.92 0.92 0.92 Hourly flow rate (veh/h) 3291 130 0 Pedestrians Lane Width (ft)' . .~ Walking Speed (flJs) Percent Blockage . · Right turn flare (veh) Median type Median storage veh) vC, conflicting volume' - - 3291 vC1, stage 1 conf vol vC2, stage 2 conf Vol . tC, single (s) tC, 2 stage (~). '-.'":' ' '.-'"'.. '.- - . tF (s) cM capacity (veh/h) Free Stop 0% 0% 1700 0 123 0.92 0.92 0.92 1848 0 134 4.1 2.2 100 86 None : .. 3907 1097 6.8 6.9 · ': . ~- . , .:;.:-~ ... 3.5 3~3 100 ' .36' · . 2 208 Volume Total 1097 1097 Volume Left ..... '.'"~.' ... 0 . ..0 Volume Right 0 0 cSH ' - .... --,:'-' 1700 1700 Volume to Capacity 0.65 0.65 Queue Length'(ft)" "' 0' ' 0 Control Delay (s) 0.0 0.0 Lane LOS _. _- Approach Delay (s) 0.0 Approach LOS' ': .... 1097 0 0 -.1700 0.65 '0 0.0 130 616 0 0 130 0 1700 1700 0.08 0.36 0 0 0.0' 0.0 0.0 616 616 0 0 0 0 1700 1700 0.36 0.36 0 0 0.0 0.0 134 0 134 2O8 0.64 96 49.0 E' 49.0 'E Average Delay 1.2 Intersection Capacity Utilization 78.5% ICU Level of Service NOV 0 5 2002 40150 Baldridge Ebert VANASSFORT-ST51 7/9/2001 2004 PM Peak with Project, Provided Timings Synchro 5 Report Page 3 HCM Unsignalized Intersection Capacity Analysis 6/3/2002 13: Pine Ridcje Road & Eastern Access 4 Lane Configurations '~'n' F ~ 'n"~ Free St°p 0% 0% 13 139 1700 ·':' 0 ..'123 0.92 0.92 0.92 0.92 0.92 14 151 1848 · 0 :~ 134 Sign Control Free Grade 0% Volume (veh/h) . 3138 Peak Hour Factor 0.92 Hourly flow rate (veh/h) 3411 Pedestrians Lane Width (ft) ~ ...... .: -' · .' Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median tTpe Median storage veh) vC, conflicting volume' vC 1, stage 1 conf vol vC2, stage 2 conf v°l ": None 3425 4329 1137 tC, single (s) 4.1 6.8 6.9 tC, 2 stage (s) :' .:'~ii'~i ~?.i.' .... . ' '"" '" '~ ¥' tF (s) 2.2 3.5 3.3 p0 queuefree %" · '~ 0.- -:/ 0 ;' t'32 cM capacity (veh/h) 76 0 196 -- /olume Total 1137 1137 1137 14 151 616 616 616 134 Volume Right 0 0 0 14 0 0 0 0 1 34 cSH '::i.' ,i;'~:~::.-"',~'!~'' Volume to Capaci~ 0.67 0.67 0.67 0.01 1.99 0.36 0.36 QueueLeng~(ff) : ' " 0" 0 -'0' :0 .:339::;' ':0":: '0' ' 0.0 0.0 0.0 0.0 579.2 0.0 0.© Control Delay (s) Lane LOS ::~:.~.'..;... :;. :-;'-~ . . :~.. F::'.::~:. :';~... '.;: .... Approach Delay (s) 0.0 43.8 . - . ,.-~ ..~;:j ', ; · ~.. ~proa~'LOS ' 0.36 0.68 0.0 55.8 5518 F , 17.1 Average Delay : . .' . Intersection Capacity Utilization 80.9% ICU Level of Service D NOV 0 5 2002 P~.~ 40150 Baldridge Ebert VANASSFORT-ST51 7/9/2001 2004 PM Peak with Project, Provided Timings Synchro 5 Report Page 4 APPENDIX F AGE~DA itE~ NOV 0 5 2002 2004-AM Peak with Project NOV 0 5 2002 ~.111 Two-Way Stop Control TWO-WAY STOP CONTROL SUMMARY General Information Site Information Aha lyst BG Intersection Livingston Rd/North Access Agency/Co. VAI Dr Date Performed 5/29/02 Jurisdiction Analysis Time Period Weekday AM Analysis Year 2004 with Project Proiect Description ternp/arn East/West Street: North Access Dr.,lN°rth/S°uth Street: Livin~Iston Rd Intersection Orientation: North-South ]Study Period (hrs): 1.00 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement I 2 3 4 5 6 L T R L T R Volume 0 1113 13 0 0 0 Peak-Hour Factor, PHF 1.00 0.92 0.92 1.00 1.00 1. O0 Hourly Flow Rate, HFR 0 1209 14 0 0 0 Percent Heavy Vehicles 0 - - 0 - -- Median Type Undivided RT Channelized O O Lanes 0 2 I 0 O O Configuration T R ,Upstream Signal 0 O Minor Street Westbound Eastbound Movement 7 8 9 10 11 1 2 L T R L T R Volume 0 0 52 0 0 0 Peak-Hour Factor, PHF 1.00 1.00 0.92 1.00 1.00 1. O0 Hourly Flow Rate, HFR 0 0 56 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 O Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 I 0 0 O ..Configuration R Dela¥~ Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement I 4 7 8 9 10 11 12 Lane Configuration R v (vph) 56 C (m) (vph) 386 v/c O. 15 95% queue length 0.51 Control Delay 15.9 LOS C ~ . . ---- ......... Approach Delay - - 15.9 ~"'"C/~, Approach LOS - - C NOV 0 5 2002 HC$2000TM Copyright ~ 2000 Unlvcrslty of Florida, All Rights Rcscrvcrl Version 4. la file://C:kDocuments%20and%20Settings\c-disher~Local%20Settings\TEMP\u2 -kA6.tm >~.,~. L3-/2002~- Worksheet 4-Critical Gap and Follow-up Time Calculation Critical Gap Calculation Movement 1 4 7 8 9 10 L L L T R L t (c,base) .(7.5'~ t (c,hv) 1.00 1.00 1.00 1.00 1.00 1.00 p (hv) 0 t (c,g) 0.20 0.20 0 10 0.20 Grade/U00 0.00 0.00 0 00 0.00 t (3, lt) 0 00 t(c,T) : 1-stage 0.00 0.00 0.00 0.00 0 00 0.00 2-stage 0.00 0.00 1.00 1.00 0 00 1.00 t(c) 1-stage 7 5 2-stage 11 T 12 R 1.00 0.20 0.00 0.00 1.00 1.00 0.10 0.00 0.00 0.00 Follow-Up Time Calculations Movement 1 4 7 8 9 10 L L L T R L 11 T 12 R t (f,base) 3.50' t (f, Prv) 0.90 0.90 0.90 0.90 0.90 p(Hv) 0 t(f) 3.5 0.90 0.90 0.90 2004-PM Peak with Project NOV 0 5 2002 1 WO-W ay ~op ~ontrOl TWO-WAY STOP CONTROL SUMMARY General Information Site Information Livingston Rd/North Access Analyst BG Intersection Dr ' Agency/Co. VA/ Jurisdiction Date Performed 5/29/02 Analysis Year 2004 with Project Analysis Time Period Weekday PM :~roiect Description ternp/prn East/VVest Street: North Access Dr. INorth/South Street: Livin(,Tston Rd Intersection Orientation: North-South lStudy Pedod (hrs): 1.00 ~fehicle Volumes and Adjustments V~ajor Street Northbound Southbound Movement I 2 3 4 5 6 L T R L T R Volume 0 1409 34 0 0 0 =eak-Hour Factor, PHF 1.00 0.92 0.92 1.00 1.00 1.O0 Hourly Flow Rate, HFR 0 1531 36 0 0 0 Percent Heavy Vehicles 0 _ - .0 - -- Median Type Undivided IRT Channefized 0 O Lanes 0 2 1 0 0 0 iConfiguration T R Jpstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 .... L T R L T R Volume 0 0 149 0 0 0 Peak-Hour Factor, PHF 1.00 1.00 0.92 1.00 1.00 1. O0 Hourly Flow Rate, HFR 0 0 151 0 0 0 Percent Heavy Vehicles 0 0 0 0 O. O Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT ChanneEzed 0 O Lanes 0 0 I 0 0 O _ Configuration R ., Delay~ Queue Length, and Level of Service - Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R v (vph) 151 C (m) (vph) 296 v/c 0.54 95% queue length 3.41 Control Delay 31.4 LOS D .... ,- , ..... Approach Delay _ _ 31.4 ~, I~ Ih~- Approach LOS _ _ D - ~- c zooo " 2000 or ,u, NOV .0c.5:20.1 2 Pg.~ fil e://C:~Z)ocuments%20and%20Settings\c-disher~Local%20Setdngs\TEMP\u2kA9'tmp ------.-- ~ Worksheet 4-Critical Gap and Follow-up Time Calculation Critical Gap Calculation Movement 1 4 7 8 9 10 L L L T R L 11 T 12 R t(c,base) 7.5* t (c,hv) 1.00 1.00 1.00 1.00 1.00 1.00 P (hr) 0 t (c,g} 0.20 0.20 0.10 0.20 Grade/100 0.00 0.00 0.00 0.00 t(3,1t) 0.00 t(c,T): 1-stage 0.00 0.00 0.00 0.00 0.00 0.00 2-stage 0.00 0.00 1.00 1.00 0.00 1.00 t (c) 1-stage 7.5 2-stage 1.00 0.20 0.00 0.00 1.00 1.00 0.10 0.00 0.00 0.00 Follow-Up Time Calculations Movement I 4 7 8 9 10 L L L T R L 11 T 12 R t (f,base) 3.50' t (f,HV) 0.90 0.90 0.90 0.90 0.90 P (Hv) 0 t(f) 3.5 0.90 0.90 0.90 AGENOA I~ NOV 0 S 2002 J ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE COLLIER COUNTY LAND DEVELOPMENT CODE WHICIt INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZON-ING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AND "A-ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BALDRIDGE PUD LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 16.8 ACRES; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Bruce Anderson, of Young, vanAssenderp, Varnadoe and Anderson, PA, representing Baldridge Development Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real properly. 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 18, Township ~9 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and "A-ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, 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 ~DOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2002. BOARD OF COUNTY COMNIISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficicncy .,~Mmjorie M. Student Assistant County Attorney NOV 0 5 2002 BALDRIDGE A PLANNED UNIT DEVELOPMENT Regulations and supporting Master Plan governing the Baldridge PUD, a Planned Unit Development pursuant to provisions of the Collier County Land Development Code PREPARED FOR: Kenneth R. Baldridge C. Allen Kann PREPARED BY: Tim Hancock, AICP VanasseDaylor 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 941.403.0223 R. Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941.597.2814 May 20, 2002 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: NOV 0 5 2002 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance & Short Title Section I Legal Description, Property Ownership And General Description Section II Project Development Section III Commercial Areas Plan Section IV General Development Commitments 4 NOV 0 5 2002 LIST OF EXHIBITS AND TABLES EXHIBIT A: PUD Master Plan EXHIBIT B: Boundary Survey EXHIBIT C: Conceptual Water Management Plan EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section NOV 0 5 2OO2 STATEMENT OF COMPLIANCE AND SHORT TITLE The Baldridge Planned Unit Development (PUD) consists of + 16.8 acres of land situated at the Southeast corner of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida, and designated as the Livingston / Pine Ridge Commercial Infill Subdistrict in the Collier County Growth Management Plan. 1. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. 2. The Project includes retail and office uses consistent with the Livingston/Pine Ridge Commercial Infill Subdistrict of the Collier County Growth Management Plan and the Collier County Land Development Code. 3. The Project location, immediately Southeast of the intersection of Livingston Road and Pine Ridge Road will allow access to Livingston road and Pine Ridge Road, as well as, providing a connector road to improve emergency access to and from Livingston Road. In addition, the PUD Master Plan identifies a reservation of R.O.W. for a future East / West road. 4. The Project will be served by and approved by the Collier County Utilities Division. 5. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. 6. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the "Baldridge Planned Unit Development Ordinance". ii. NOV 0 5 2002 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of the "Baldridge PUD." LEGAL DESCRIPTION The subject property being ± 16.8 acres, is described as: LEGAL DESCRIPTION THE WEST Y2 OF THE NORTHWEST ~,4 OF THE NORTHWEST ~,4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA less parcel 111 (O.R. 2667, Page 3063) and Parcel 81 lA (O.R. 2667, Page 3065) for road right-of-ways. PROPERTY OWNERSHIP The subject property is currently under the ownership of: Pine Ridge Golf Center 3350 Pine Ridge Road Naples, Florida 34109 1.4 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 18, Township 49 South, Range 26 East, immediately south and East of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" Rural Agricultural. PHYSICAL DESCRIPTION The proposed site consists of ± 16.8 acres, and is proposed to utilize a dry detention swale for water quality storage and a combination of detention areas and on-site preserve areas for water quantity storage. The control elevation is proposed as 12.0 feet NGVD. The project falls within the 1-75 Canal Basin with a restricted allowable discharge of 0.06 CFS per acre per Collier county Ordinance 90-10 requirements. The project is located outside of FEMA mapping limits. 1.6 PROJECT DESCRIPTION The project will consist of +/-15 acres of commercial and/or professional office development. The site plan has been configured to take advantage of the location and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. NOV 0 5 2002 2.1 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this SeCtion is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 2.3 GENERAL a. Regulations for development of the Baldridge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of filing of an application for approval of a preliminary subdivision plat, site development plan, or building permit as applicable. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. c. All conditions imposed and all graphic material presented depicting restrictions for the development of the Baldridge PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. e. 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, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. f. The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/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 discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Development Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A," PUD Master Plan. The PUD Master Plan also illustrates necessary water management lakes or detention areas and the general configuration of street rights-of-way. The project will contain a maximum of 125,000 square feet of retail and/or office development. A~NOA IT~ 2 NOV 0 5 2002 PRESERVE AREA ROW / COMMON AREAS COMMERCIAL AND RETAIL AREAS OPEN SPACE AND WATER MANAGEMENT AREAS 60' RESERVATION OF ROW +1.8 acres ± 2.3 acres +_10.8 acres ± 1.3 acres ± 0.6 acres TOTAL: +_ 16.8 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land, as provided in said Division, prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN Amendments may be made to the PUD and PUD Master Plan in accordance with Section 2.7.3.5 of the Collier County Land Development Code. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. NOV 0 5 2002 SECTION III COMMERCIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated as "C" Commercial on the PUD Master Plan (Exhibit "A".) DEVELOPMENT EMPHASIS The project is bordered by Livingston Road on the West, and the Northern property line borders Pine Ridge Road. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this document and the uses contained herein, are consistent with the Collier County Growth Management Plan. USES PERMITTED The project will develop with uses that are consistent with C-1 through C-4 uses as contained in the Land Development Code not to exceed 125,000 square feet. More specifically, no building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993,7997,7999). 2. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only - limited to one service station and one automotive dealer). 3. Apparel and accessory stores (groups 5611-5699). 4. Auto and home supply stores (5531). 5. Automotive repair, services, parking (groups 7514, 7515,7521) 6. Building Materials, hardware and garden supplies (groups 5231-5261). 7. Business Services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car, dog rental and labor pools, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial printing (2752, excluding daily newspapers). 9. Communications (groups 4812-4841) except communication towers. 10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the location requirements of Section 2.6.10 of the Land Development Code. 11. Engineering, accounting, research, management and related services (groups 8711- 8748). 12. Food stores (groups 5411-5499). 13. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 14. General merchandise stores (groups 5311-5399). 15. Glass and glazing work (1793). 16. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to state statute 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch. 4-193 F.A.C.; a .~ubi~.ct tn - AGENOA ITEM .... 17. Section 2.6.26 of the Land Development Code. 8092-8099). Health services (groups 8051-8059, 8062-8069, 8071,8072, 4 NOV 0 5 2002 bo 18. Home furniture, furnishing and equipment stores (groups 5712-5736). 19. Hotels and motels (groups 7011,7021). 20. Miscellaneous repair services (groups 7629-7631). 21. Miscellaneous retail (groups 5912-5963, except pawn shops and second hand clothing stores, 5992-5999). 22. Non-depository credit institutions (groups 6111-6163). 23. Paint, glass and wallpaper stores (5231). 24. Personal services (groups 7211, 7212, 7215-7217, 7219, 7221-7251, 7261 except crematories, 7291-7299 except tattoo parlors and escort services). 25. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611- 9661). 26. Retail nurseries, lawn and garden supply stores (5261). 27. Real estate (group 6512). 28. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 29. Veterinary services (groups 0742, 0752 excluding outside kenneling). 30. Videotape rental (7841). 31. Vocational Schools (groups 8243-8299). 32. United States Postal Service (4311 except major distribution centers). 33. Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted as of right in this district. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS a. Minimum Lot Area: 10,000 square feet. b. Minimum lot width: 100 feet. Minimum Yard Requirements: 1. Along Pine Ridge Road: 2. Along Livingston Road: 3. Along South property line: 4. Along Eastern property line: 25 feet. 25 feet. 50 feet. 25 feet. do Minimum Yards (internal): 1. Front yard: 15 feet. 2. Side Yard: 10 feet 3. Rear Yard: 20 feet. 4. Waterfront: 25 feet. so fo Maximum height: Minimum floor area: Building height is limited to one story with a 35-foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 40-foot maximum height. NOV 0 5 2002 go ho ko Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. The parking requirements shall be calculated over the entire site so that each free-standing use shall not be required to provide 100% of the Land Development Code's minimum parking on its site, provided the total parking for the project meets or exceeds the minimum parking required for the combined land uses. Landscaping: As required in Division 2.4 of the Collier County Land Development Code. Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. Signs: 1. Out parcels shall be permitted one pole or two ground signs in accordance with Section 2.5.5.2.4.1. of the Land Development Code provided each developable parcel has a minimum of 150 feet of frontage on Pine Ridge Road or Livingston Road. No more than 2 out parcels may qualify under this provision. 2. All other project signage will comply with Division 2.5 of the Collier County Land Development Code. Architectural and site design standards. All buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction of buildings or infrastructure. If a surplus of earthen material exists, then its off-site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 6 NOV 0 5 2002 4.1 4.2 4.3 4.4 4.5 SECTION IV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. GENERAL All facilities shall be constructed in strict accordance with final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assigns, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by commitments within this document. PUD MASTER PLAN ao Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. bo All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The Project is proposed to start construction of infrastructure in the fall of 2002. Should the Project not develop in a single phase, the absorption of the entire Project is based upon a mix of office and retail uses and is estimated to take seven to ten years. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Co Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. do An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS ao Section 3.2.8.4.16.5 of the Land Development Code Street right-of way: Roads within the Project will be designed and built as pr with no maintenance responsibility by Collier County. These roads shall hav( way width of 50 feet. Pavement width shall be a minimum of 24 feet for two-w~ 7 y tral~~- "~ ~' NOV 0 5 2002 Section 3.5.7.1.2 of the Land Development Code Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever is greater. Section 3.2.8.3.17 of the Land Development Code In the event of multiple lots within the development, sidewalks will be provided on one side of intema~ roadways in order to provide pedestrian access to and from out-parcels. 4.6 TRANSPORTATION a. All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. b. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. c. External and internal improvements determined by Collier County staff to be esSential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. d. Road Impact Fees must be provided as set forth in Section 4.1 of the Land Development Code (LDC), as amended, and must be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. e. Road Impact Fees will be paid in accordance with Collier County - Ordinance 92-22, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. f. All median openings and driveway locations must be in accordance with the Land Development Code (LDC), and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County staff to have an adverse affect relevant to operational circulation, safety conditions, or concerns. g. Nothing in any development order will vest the right of access over and above a right in/ right out condition. Neither will the existence, or lack of a future median opening be the basis for any future cause of action for damages against the county by the developer, its successor in title, or assigns. h. Interconnection(s) may be required by Collier County staff, as a condition of site development plan approval. i. The Applicant shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is ever determined as warranted and approved by the County. If warranted, upon the completion of the installation, inspection, burn in period, and final approval/acceptance of said traffic signal it will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. j. The development will be designed to promote the safe travel of all roadway u§ers including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County staff. k. When ingress and egress improvements are determined as necessary, right-of-way and compensating right-of-way will be provided for and in conjunction with said improvements. All work within Collier CountY right-of-way will meet the requirements of Collier County - Ordinance No. 93-64. All accesses and roadways not located within County right-of-way will maintained by an entity created by the developer, its successor in title, or assig 8 ; P rlv~.ll~ IT~' s. NOV 0 5 ;?002 4.7 4.8 4.9 The access via Pine Ridge Road will be limited to the existing single point of ingress, and egress on the northeast corner of the property in question (the existing west approach right in, south approach right out, and east approach directional left in). Due to the limited frontage no other access points will be permitted from, and onto Pine Ridge Road. Access onto Livingston Road will be limited to two (2) locations. The southern most access will be a full median opening, and the northern access will be limited to a right in only. WATER MANAGEMENT ao In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFWMD. UTILITIES County water service is available via a 12" water main located along Pine Ridge Road. The developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. County sewer service is available via an 8" force main located along Pine Ridge Road. The Developer is responsible for providing the necessary connections to supply the site with County sewer service. Co All facilities extended to the site and which lie in platted rights-of-ways shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING a. If the property is subdivided into three or more parcels, a plat shall be required. bo Work within Collier County rights-of-way shall meet the requirements of Collier County Right-Of -Way Ordinance No. 93-64. 4.10 ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum of 15 percent of the pre-development native vegetation shall be retained onsite or revegetated in accordance with Section 3.9.5.5.4, totaling 1.85 acres. bo An exotic vegetation, monitoring, and maintenance (,exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 4.11 LANDSCAPING FOR OFF-STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Divisio~ Collier County Land Development Code in effect at the time of building permit applicat 9 2.4 .~_the~ on. NOV 0 5 2002 *1 '1 1 AGENOA ITEM NOV 0 5 2002 Pg. ~ / R/W LINE 10' P.U.E. SOD CONC. VALLEY CUTTER 2' CONC. 55' R/W VALLEY CUT'r[.:~ 10' P.U.E. SLOPE .04'/F'T. I-I/2' TYPE A ~'=HAL TlC CONCRETE: (TO BE PLACED IN TWO /'-NC SLOPE .04'/'FT 3/4' LIFTS) ~s~.oe~ '------ ' s~oPE .O='/Fr. LBR = 10~) [~N. LgR = 40) TYPICAL ROAD SECTION- 35' R.~_W N.T.S, I -L.e.[.--I I I £L. o.5 --, sr,~p I .' I . .J , ~ CO~T,~O~ ~/. ¢ ')1.0 f flItAXII, tUM SLOPES SHOWNJ UTTORAL PLANT/NC ...-J I (J~AXJ TYPICAL LA/YE ~£C T/ON NOV 0 5 2002 EXECUTIVE SUMMARY RZ-2001-AR-1649, ROBERT L. DUANE, OF HOLE MONTES, INC., REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING A REZONE FROM RSF-3 TO C-1 FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD ON THE EAST SIDE OF VETERANS PARK DRIVE, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-l) zoning district for approximately 3.51 acres of undeveloped land. An eight-foot strip of the property abuts Immokalee Road. The property continues south along Veterans' Park Drive, becoming wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and Southhampton PUD. The eastern boundary of the buildable site abuts a small waterbody known by several names, including the Cocohatchee River. Section 2.2.12 of the LDC (Commercial Professional and General Office District -C-1) states that the purpose and intent of the C-1 district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voIuntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses. Staff believes that the commercial uses proposed may be deemed consistent with the Future Land Use Element only if the BCC finds and interprets that these uses comply with the Office and Infill Commercial (OIC) Subdistrict. More particularly, the BCC would need to find that: 1. It is appropriate or acceptable for the site to have only 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' south of that arterial road; and, 2. The adjacent tract in Surrey Place PUD - which permits institutional us~ s such as Assisted Living Facilities and nursing homes - constitutes "commerci ti zoning"; and, NOV 0 5 2002 P~-,. I 3. Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; and, 4. The two PUD proPerties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; and, 5. The proposed commercial uses will be compatible with surrounding land uses, both existing and permitted. The petitioner believes that proposed rezone meets these criteria. Staff believes the proposed rezone technically meets the criteria, but does not meet the intent of the OIC subdistrict. FISCAL IMPACT: This rezone 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 further 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: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · EMS Impact Fee: $578 $ 578 $180 $ 181 $0.30 per square foot under roof $ 9,000 $2,453.00 per 1,000 square feet $73,590 $1.3260 per square foot $39,780 $299.00 per 1,000 square feet $ 8,970 The estimated total amount of impact fees for the proposed rezone is $132,099. It should be noted that because impact fees vary by 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-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 when required. 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 Count}' s~,stem. Finally additional revenue is generated by application of ad valorum tax rates. The rev, NOV 0 5 2002 2 pg. generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, 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 designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street ... except for an intervening local street." A detailed analysis of the proposed rezone's compatibility with the Office and Infill Commercial subdistrict of the Future Land Use Element of the Growth Management Plan can be found in the attached Planning Commission Staff Report. ENVIRONMENTAL ISSUES: Environmental review determined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (1 acre or more) for the gopher tortoises and shall be in compliance with Section 3.11 of the Collier County Land Development Code (which may allow off-site relocation, if certain conditions are met). ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it did not meet the size threshold. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 3, 2002. County staff, the petitioner and neighborhood residents were heard. The neighbors spoke in opposition to the petition, >roperty is zoned stating that they bought their property based on the fact that the neighboring (subject) residential. The subject parcel is shown on the plat for Southwind Estates, but is labe this plat". Neighbors at the hearing indicated that a replat had been shown to them, i~ ted "not a part of d~cat~ltr~,O.. NOV 0 5 2002 Pg.,, across the waterway to proposed residential lots on the subject property. Staff has found no evidence that this replat was ever submitted to the County for review or recording. A motion was made by Commissioner Richardson, to recommend denial, based on the opinion that the rezone did not meet the five findings enumerated by staff. The motion failed, 3 to 6. A motion was then made by Commissioner Strain to forward the petition with a recommendation of approval, limiting the buildings to one-story with a maximum of 18 feet, and providing a sidewalk from Bethany Place to Veterans' Park Drive. His motion was based on the fact that Veterans' Park Drive is no longer a residential street, since the fire station and Veterans' Park have been built. In addition, the PUDs to the west will also contain non-residential uses. If the subject property were developed with residential uses, as currently zoned, he does not believe that this is compatible with the adjacent property. That motion to recommend approval of petition RZ-2001-AR-1649 with conditions was approved by a vote of 9 to 0. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with the applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of the attached CCPC staff report. Staff's analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only development with residential access off Veterans' Park Drive. Staff's analysis also indicates that the parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a recommendation of denial. It is staff's opinion that the petition does not meet the criteria for approval, however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition, as proposed by the Planning Commission. NOV 0 5 2002 pg. 2/ _ PREPARED BY: FR~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: Jo' /7. oC_. DATE )0 -" 2-J DATE APPROVED BY: JOSEPH K. SCI-1/IV~IT:I' / D,~TE ' MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2001-AR-1949 NOV 0 5 2002 Pg. AGENDA ITEM 8-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT SEPTEMBER 12, 2002 PETITION: RZ-2001-AR-1649, EAST VETERANS PARK OWNER/AGENT: Agent: Owner: Petitioner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Virginia C. & George Visnich 429 Ridge Court Naples, FL 34108 Craig D. Timmons, Trustee Veterans' Office Park Trust 76 Caribbean Road Naples, FL 34108 .REQUESTED ACTION: The petitioner wishes to rezone 3.51 acres from the Residential Single-Family (RSF-3) zoning district to the Commercial Professional and General Office (C-I) zoning district GEOGRAPHIC LOCATION: The property is located on the east side of Veterans' Park Drive, south oflmmokalee Road. AGE~ NOV 0 § 2002 Cu.s PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a rezoning from the Residential Single-Family (RSF-3) zoning district to the Commercial Profess/onal and General Office (C-l) zoning district for approximately 3.51 acres of undeveloped land. An eight-foot strip of the property abuts Immokalee Road. The property continues south along Veterans' Park Drive, becoming wider as it extends southward. The buildable portion of the property abuts Southwind Estates subdivision and Soutl~hampton PUD. The eastern boundary of the buildable site abuts a small xvaterbody known by several names, including the Cocohatchee River. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The site is undeveloped; zoned RSF-3 Single-family homes within the Southwind Estates subdivision; zor~ed RSF-3 and Immt>kalee Road ROW Sirrgile-family homes x~hin the Southwind Estates subdivision; zoned RSF-3 Tract 'T' (common area) of the Stonebridge subdivision; zoned Southampton PUD Veterans' Park Drive ROW, across ;vhich are the Veterans' Park Commons PUD and Northside Medical Plaza PUD The entrance to Veterans' Park is south of the property, along with the entrance to a North Naples Fire District station. GRO~VTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban - Mixed Use District allows a variety of institutional uses (e.g., church, day care, ALF), essential services, and recreation and open space uses. As to residential development, review of the De, nsity Rating System in the FLUE yields the site is eligible for 6 dwelling units per acre - unless the Affordable Housing density bonus is utilized, which could yield a maximum eligible density of 14 du/a. Base Density Traffic Congestion Area Residential h'}fill bonus Eligible Density Affordable Housing bonus Maximum Total Eligible Density 4 du/a -1 du/a +3 du/a 6 du/a +8 du/a 14 du/a The Urban - Mixed Use District also contains the Office and In-fill Commercial Subdistrict (OIC). It states, in part: "The intent of this Subdistrict is to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." And, "For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street ... except for an intervening local street." OIC criteria are paraphrased below, followed by staff comments (in the Rezone application, the petitioner has also provided a response to these same criteria): a. site must abut an arterial or collector road [hnmokalee Road is classified as a minor arterial in the Transportation Element - compliance with the plain reading of this criterion is met. However, it was never contemplated that a parcel would comply with this criterion due to such an unusual configuration (which, based upon submitted deeds, was not created to take advantage of the OIC). The primary reason for establishment of this Subdistrict xvas to provide some alternative use of properties that could be considered no longer suitable for residential development - with such a consideration being based upon nearby commercial uses, and the site's location abutting a major roadway with its attendant traffic impacts. The developable portion of the subject site is about 750' south of Immokalee Road.]; b. commercial use is limited to 12 acres, environmental conservation easement or open space" [The subject site comprises 3.51 acres.]; any excess acreage "is limited to an c. site must abut commercial zoning on one or both sides [Abutting lands to the east are zoned PUD, Surrey Place - the abutting tract is limited to institutional uses, e.g. ALF, nursing home; and RSF-3, Residential Single Family. Abutting lands (across Veterans Park Drive, a local street) to the ~vest are zoned PUD - across from the narrow strip of the subject site is the Veteran's Park Commons PUD, approved pursuant to this same OIC provision and the "1/4 mile support medical facilities" provision in the FLUE (PUD permits mostly C-1 uses); across from the developable portion of the site is the Northside Medical Plaza PUD, approved pursuant to the "1/4 mile support medical facilities" provision (PUD permits mostly C-1 uses). In the approval of the Veteran's Park Commons PUD, and its predecessor PUD, the BCC interpreted that the Surrey Place PUD tract abutting Veterans Park Drive - which is limited to institutional uses, e.g. ALF, nursing home - was "commercial zoning." The petitioner is requesting the BCC interpret that the Veteran's Park Commons and Northside Medical Plaza PUDs be considered "commercial zoning." This is discussed further below, under item "e."] d. depth of site cannot exceed depth of abutting commercial parcel(s) [The subject site and two abutting PUDs to the west are the same depth. The subject site would only comply with this criterion IF these 2 PUDs are deemed "commercial zoning." (Also, based upon previous BCC interpretation, the Surrey Place PUD is "commercial zoning" - its depth is about the same as the 8' strip portion of the subject site.)] NOV 0 5 2002 e. "project uses are limited to office or low intensity commercial, except for land abutting commercial zouing on both sides, as provided for in (c) above, the project uses may iuclude those of the highest intensity abutting commercial zoning district" [The subject site abuts commercial to the east IF the BCC again interprets that the Surrey Place PUD is "commercial zoning" - staff's Position is that, while we disagree with the original interpretation that Surrey Place PUD is commercial, the "fairness principle" dictates that this same interpretation be consistently applied to the Surrey Place PUD as pertains to this OIC provision. The new interpretation requested by the petitioner, and of potentially greater consequence, is for the 2 PUDs to the west to be deemed "commercial zoning". Across Veterans Park Drive from the developable portion of the site, the Northside Medical Plaza PUD was approved under the "1/4 mile support medical facilities" provision in the FLUE. Across Veterans Park Drive from the narrow strip of the subject site, the Veterans Park Commons PUD was approved under both the "1/4 mile support medical facilities" provision and this same OIC provision. The "1/4 mile support medical facilities" provision is only applicable to properties within ¼ mile of a hospital or medical center, and allows for uses to support the hospital or medical center, including physicians' offices, medical clinics, rehabilitation centers, and pharmacies. Most of these uses are unquestionably commercial, in that most of them are only permitted in commercial zoning districts (most are C-1 permitted or provisional uses, pharmacy is a C-2 use). Hoxvever, as noted, the uses are limited to medically related uses to support the nearby hospital or medical center- general offices, retail uses, personal services, etc. are not permitted under this provision. The "1/4 mile support medical facilities" provision makes no mention of these allowed medical uses being considered commercial uses, or not being considered commercial uses. The OIC provision only refers to "commercial" and "commercial zoning" - it makes no mention of allowing or prohibiting its applicability when abutting sites zoned pursuant to the "1/4 mile support medical facilities" provision. Staff's position is that it was never the intent of the FLUE to allow properties abutting these "1/4 mile support medical facilities" sites to then be eligible for a commercial rezone. Staff acknowledges that affirmation of the petitioner's requested interpretation would yield little opportunity, at present, for OIC rezone requests adjacent to sites rezoned via the "1/4 mile support medical facilities" provision, due to existing parcel configurations and zoning patterns - with the notable exception of the 12.8oacre Surrey Place PUD. However, staff's primary concern is that a precedent would be set that could have future implications regarding properties in vicinity of future hospital or medical center sites. Staff is aware that it was recently reported in the news that approval would be sought for a new hospital in the Naples area. This is the first time this issue - is property zoned via the "1/4 mile support medical facilities" provision deemed "commercial zoning"? - has arisen in a formal context, that is, through submittal of a petition (staff previously discussed this and came to the stated position as above). f. subject parcel was created prior to Oct. 28, 1997 [The deeds submitted with the petition demonstrate the parcels existed as of 1990.] g. the project will be served by central water and sewer [County water and sewer is available to this site.] he uses on surrounding properties" (also required by Policy 5.4) This analysis was done in the "Analysis" section of this staff report. "the project will be compatible with existing land uses and permitted future land NOV 0 5 2002 i. "for those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand." [As noted above, the Veterans Park Commons PUD was approved, in part, via this OIC provision. Hoxvever, since it is believed that neither staff nor BCC was aware of the existence of the 8' strip during the original rezoning of what is now the Veterans Park Commons PUD, staff again proposes that the "fairness principle" dictates that this should not preclude the applicability of this provision - that this site should not be viewed as "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Therefore, the most substantive issue is whether the abutting Northside Medical Plaza PUD is deemed "commercial zoning" - if it is, then, arguably, the subject property is not "piggybacking" on the previous approval of the Veterans Park Commons PUD OIC approval. Further, this would result in the subject site abutting commercial zoning on both sides. As such, there xvould be no issue as to xvhether the proposed C-1 zoning, with certain use and development standard restrictions, constitutes a "transitional use" from the Northside Medical Plaza PUD to the west to the RSF-1 zoning to the east - the subject site would be eligible for "the project uses ... of the highest intensity abutting commercial zoning district." In staff's opinion, the proposed uses xvould be same or less intensity as the abutting PUDs.] j. a maximum of 250 acres may be rezoned utilizing this Subdistrict [To date, <90 acres have been rezoned utilizing this provision.] Regarding the stated intent of the OIC Subdistrict - "The intent of this Subdistrict is to allow loxv intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate" [emphasis added] - Comprehensive Planning staff is of the general opinion that a 6 du/a residential project could be deemed appropriate at this location, and could be deemed compatible with nearby residential, institutional, recreational, essential service, and low intensity commercial uses. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located in an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver has been granted from the requirement to submit a Historical/Archaeological Survey. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staft Report. 5 NOV 0 5 2002 11 ANALYSIS: Section 2.2.12 of the LDC (Commercial Professional and General Office District - C-l) states that the purpose and intent of the C-1 district is to allow a concentration of office type buildings and land uses that are compatible with, and located near, residential areas. In addition, the petitioner has lessened the intensity of the rezoning by voluntarily eliminating barber shops; beauty shops; shoe repair and shoeshine parlors; and individual and family social services from the list of permitted uses (the petitioner also eliminated automobile parking, however that was made a Conditional Use by a subsequent LDC amendment). The commercial uses proposed may ONLY be deemed consistent with the Future Land Use Element IF the BCC finds and interprets that these uses comply with the OIC Subdistrict. More particularly, the BCC would need to find that: 1.It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, 2.The adjacent tract in Surrey Place PUD - xvhich permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND, 3.Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of this OIC provision; AND, 4.The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND, 5.The proposed commercial uses xvill be compatible with surrounding land uses, both existing and permitted. The subject parcel directly abuts two residential subdivisions (Southampton and Stonebridge). There are no residential lots in Stonebridge closer than 500 feet to the subject site. The residential lots in Southwind Estates directly abut the subject site's property line, meandering along the creek. Veterans' Park Drive does not provide access for Southwind Estates (access is provided by Pamu Street). Veterans' Park Drive does provide access for Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses. Compatibility analysis, if these properties across the street were the sole factor, would favor a rezone to C-1. However, the site is currently zoned RSF-3 and is adjacent to single-family homes, zoned RSF-3. If the subject parcel were zoned Agricultural, the adjacent homeowners might reasonably expect that the property would be rezoned in the future. However, the property is zoned Residential 6 NOV 0 5 2002 Single Family, creating a reasonable expectation that the property would be developed with single- family homes. Enviromnental review detemfined that a relocation management plan for gopher tortoises located on site is required. Also, a preserve shall be identified, which is adequate in size (1 acre or more) for the gopher tortoises and shall be in compliance with Section 3.11, of the Collier County Land Development Code. This information is required at the time of the next development order submittal. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) xvas not required. An EIS was not required because the property does not meet the size tlu'eshold. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone may be consistent with the applicable provisions of the Growth Management Plan if the BCC finds in favor of the conditions included in the Growth Management Plan Consistency section of this staff report. Staff's analysis indicates that if the parcel were developed as a residential subdivision, under current zoning, it would be the only residential access off Veterans' Park Drive. Staff's analysis also indicates that the parcel technically meets the OIC requirement for frontage on an arterial road; however, the "buildable" portion of the site is 750 feet south of that arterial. Because the frontage along Immokalee Road is only eight linear feet (technically meeting the OIC requirement) Staff's analysis indicates that this does not meet the intent of the Office and Infill Commercial Subdistrict, which states "The intent of this Subdistrict is to allo~v low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate". Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1649 to the Board of County Commissioners with a recommendation of denial. It is staff's opinion that the petition does not meet the criteria for approval, however, if the BCC makes the five findings listed in the Analysis, the petition would be consistent with the Growth Management Plan and the Board could approve the petition. NOV 0 5 2002 PREPARED BY: FRED.13~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: x',_.~_..,_.~., ; / ../~USAN MUI:CRA¥, AICP CURRENT PLANNING MANAGER MARGARET W~ERSTLE, AICP PLANNING SEt'VICES DIRECTOR DATE DATE APPROVED BY: JosE,.. K. SCH~T ' D~TE' C~M~TY DEVELOPMENT & E~O~ENTAL SERVICES DWISION ~M~ST~TOR Petition ~-2001 -~- 1649 COLLIER COUNTY PLANNING COMMISSION: ,.! ~ -~'"~'-- KENNETH L~ ABERNATH~, CHAIRMAN g/currenffreischl/rezones/EVetPk/sta ffreport/RZ-2001 -AR- 1649 NOV 0 5 2002 REZONE FINDINGS PETITION RZ-2001-AR-1649 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: '~Vhether 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. A complete analysis begins on page 2 of the attached Staff Report. 2. The existing land use pattern; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The subject parcel is directly adjacent to Residential Single-Family zoning and is currently zoned Residential Single-Family. Summary Findings: The proposed land use is not consistent with the land use pattern in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Veterans' Park Commons PUD, Northside Medical Plaza PUD, Veterans' Park Center PUD (fire station), and Veterans' Park, all non-residential uses lie across Veterans' Park Drive. Con: The proposed commercial area will be across the street from non-residential uses, burt will be directly adjacent to single-family residential use. Summary Findings: The parcel will create an isolated district unrelated to adjacent zoning districts, but compatible with nearby non-residential districts. NOV 0 5 2002 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries xvould meander along the creek. Con: The existing district boundary runs along Veterans' Park Drive. Summary Findings: The current district boundaries are logically drawn, however; the proposed rezone would result in commercial zoning directly abutting single-family residential zoning. Vqhether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as an office building, as allowed by his reading of the Growth Management Plan. No other conditions have changed. Con: Evaluation not applicable. Summary Findings: Changing conditions have not resulted in the submittal of this amendment. This parcel has been xvithin the Urban Area since 1989. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The petitioner has proposed limiting the most intense land uses and has proposed no parking behind the building. Con: The subject property is zoned Residential Single Family, creating a reasonable expectation that the property xvould be developed with single-family homes. A rezone to commercial would adversely affect living conditions in the residential neighborhood. Summary Findings: The proposed rezone will have an impact on the neighborhood. Residential zoning xvill be replaced by commercial. '~Vhether 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. NOV 0 5 2002 10. Pro: The subject parcel has access off Veterans' Park Drive. All the other uses on that road are non-residential. Con: The creation of a commercial district where a residential district exists will increase traffic on Veterans' Park Drive. Summary Findings: Offices are usually low traffic-generators. However, they typically generate more traffic than single-family homes. Therefore, Veterans' Park Drive may experience a slight increase in traffic during morning and evening drive-time, compared with single-family homes. ~Vhether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance xvith the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems xvill not be created when construction is done in accordance xvith the permit. x, Vheth'er the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed office will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will eventually permit construction of an office with a Type "B" landscape buffer adjacent to a residential subdivision. Con: A single-family home adjacent to an office is generally considered not as desirable as one single-family home adjacent to another. 3 11. 12. 13. 14. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, the elimination of residential zoning and the creation of an office adjacent to a residential neighborhood may negatively affect property values. ~,Vhether the proposed change svill be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: Development of adjacent properties in accordance with existing regulations will not be affected since the single-family lots are currently improved. XVhether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: If the Board makes the findings outlined in the staff report, the proposed rezone will be in compliance with the Growth Management Plan. If it is deemed consistent, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property could be used under its current zoning. However, the petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: If the Board makes the findings in the staff report, the proposed development will comply with the Growth Management Plan. Con: The change would allow commercial development to encroach into a neighborhood currently zoned residential. NOV 0 5 2002 15. 16. 17. Summary Findings: Staff's analysis indicates that the rezone is technically consistent with the Growth Management Plan, as amended; however staff believes that it does not meet the intent of the Office and Infill Commercial Subdistrict. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. The petitioner wishes to utilize the Office and Infill Commercial Subdistrict to rezone the property for an office. 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. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is undeveloped. While site conditions may restrict the location and square-footage of the offices, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent ~vith 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. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of an office. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. 5 NOV 0 5 2002 YOUNG, V'AN ASSENDERP, V~RNADOE & ANDERSON, P.A. ATIORNEYS AT LAW Telephone (239) 597-2814 Facsimile (239) 597-1060 SunTrust Building 801 Laurel Oak Drive Suite 300 Post Office Box 7907 Naples, Florida 34101-7907 OTHER OFFICE LOCATION: Gallie's Hall 225 South Adams Street. Suite 200 Post Office Box 1833 l'allahassee. Florida 32302-1833 Telephone (850) 222-7206 Facsimile (850) 561-6834 NAPLES September 16, 2002 Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: Robert Duane and I provided you with the Rezoning Petition No. RZ-2001 -AR-1649 a statement as to how the proposed rezoning request is consistent with the Growth Management Plan ("GMP") and the Office and Infill Commercial Subdistrict ("O.I.C."). This terterand analysis is in response to David Weeks' March 15, 2002 memo in which he concludes that the proposed uses may only be deemed consistent with the Future Land Use Element ("FLUE") if the Board of County Commissioners ("B.C.C.") finds and interprets that these uses comply with the O.I.C. Subdistrict and that the B.C.C. would need to make certain findings to approve such uses. The March 15 memo is unnecessarily complicated and obscures the plain language of the GMP on this subject. Naples Fire District and County Emergency Medical Services station, a county regional parl~ commercial PUDs which allow medical office uses. Along Veterans Park Drive nonresidential uses generate an average ofseventyofive public emergency vehicles per day an and from the County's regional park. This type of traffic, coupled with the sounds of Foremost, one must remember the overall purpose of the Office and Infill Commercial subdistrict, which is to allow low intensity office commercial or infill commercial development on small parcels located along arterial or collector roadways where residential development may no longer be compatible or appropriate. The subject property abuts Immokalee Road, however, its only access to the subject property is from Veterans Park Drive, and no residential access or traffic exists on this roadway. On the entirety of the west side of this property abutting Veterans Park Drive (a local street) are strictly nonresidential uses: the North ~eso'~a_butting [aily traffic to ti~{J~/ ~i~er~O 2o Pg.. * Mr. Fred Reischl September 16, 2002 Page 2 sounding at all hours of the day and night, together with traffic on this Drive which will be generated when the two commercial PUDs develop, leads to the only common sense conclusion, that residential development of the abutting three and a half acre parcel is neither compatible with the existing and approved nonresidential uses, nor appropriate. It defies logic to question whether the medical office uses allowed in the two abutting PUDs are considered commercial zoning. What else would they be considered? Medical office uses are only allowed in the County's commercial zoning districts, not in any residential zoning districts. Further, the County's own GMP definition of "Commercial Uses" includes "activities within land areas which are predominately connected with the.., performance of services." The plain and simple fact is that the subject property meets the plain and simple requirements for the Office and Infill Commercial subdistrict, because it abuts on arterial roadway (albeit eight feet on Immokalee Road) and it abuts commercial zoning. Therefore, this petition is wholly consistent with the GMP. Sincerely, R. Bruce Anderson RBA/adb cc: Thomas M. Taylor Robert L. Duane David Weeks F:\usersXAimee\Wp9\Taylor\Ltr to F. Reischl with Email letterhead.doc September 23, 2002 Mr. Fred Reischl Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: East Veterans Park, Office Site Petition No. RZ-2001-AR- 1649 HM File No. 2001114 Dear Mr. Reischl: The following is an analysis of how the proposed East Veteran Park Office Site Rezoning Petition No. RZ-2001-AR-1649 may be found consistent with the Future Land Use Element ("FLUE") and, more particularly, with findings noted in the Staff Report that the Board of County Commissioners ("B.C.C.") must find for the proposed rezoning request to comply with the Office and Infill Commercial (O.I.C.) Subdistrict. The findings contained in the Staff Report are enumerated as follows: 1. It is appropriate/acceptable for the site to only have 8 feet of frontage on an arterial road (Immokalee Road) - and that the developable portion of the site is 750' removed from that arterial road; AND, Response: The site abuts an arterial road}va3; Immokalee Road, with eight (8)feet of frontage along this roadway. The only access to the subject property is provided from Veterans Park Drive 750 feet south of I, tntokalee Road, attd this roadway is used only by non-residential uses which include a fire station attd county park. Non-residential traffic will further htcrease itt the future with the development of the Northside Medical Plaza PUD and the Veterans Park Commons PUD, both of which allow commercial uses. Sittce the itttent of the O.I.C. Subdistrict is to allow low itttensity office or itt fill commercial development located on arterial or collector roadways where residential development may no longer be compatible or appropriate, the surroundiug land use pattern on the west side of Veterans Park Drive, combitted with the non-residential traffic on Veterans Park Drive, make the subject property undesirable for residential use. Therefore, existing conditions have changed around the subject property sittce the RSF-3 zonittg was initially approved. These changed conditions ntake the subject property more appropriate for commercial use even though it only has eight (8) feet of frontage on Immokalee Road attd the developable portion of the property is seven hundred attd fifty (750) feet south of lnmtokalee Road. C:~Documents and Settingsh-eischl_t~Local SettingsXTemporary Internet Files\OLK 17D~FR020912.do NOV 0 5 2002 2. The adjacent tract in Surrey Place PUD - which permits institutional uses such as ALF, nursing home - constitutes "commercial zoning"; AND, Response: The adjacent tract to the east of the subject property's eight (8)foot strip of land located at the northeast cortter of Veterans Park Drive attd Intntokalee Road is the Surrey Place PUD. The Surrey Place PUD allows for att assisted Hvbtg facility attd bauk attd office uses which are curreutly constructed along the Intmokalee Road frontage adjacent to the subject property with the banlo/office building located further to the east. The Surrey Place PUD was previously considered by the B.C.C. to constitute commercial zonbtg for the application of the O.I.C. Subdistrict criteria on the northeast cortter of In,nokalee Road attd Veterans Park Drive for the Veterans Park Colntnotts PUD. Therefore, the subject property cart be considered to abut non-resideutial/commercial use to the east based on the B.C.C. prior itt terpretation. The Staff Report notes that the "fairness principle" dictates that this same interpretation be consistently applied to the Surrey Place PUD as it pertabts to the subject property. Should the B. C.C. ntake this btterpretation the subject property would abut commercial zoning on t~vo (2) sides, Le. to the east attd west of the subject property, which would even further justify consistency with the O.I.C. Subdistrict, even though the O.I.C. Subdistrict only requires commercial zonhtg on one (1) side. 3. Despite the previous use of the Office and Infill Commercial Subdistrict for the rezoning of the Veterans Park Commons PUD (in conjunction with the "1/4 mile support medical facilities" provision), the subject rezone petition does not constitute piggyback use of the OIC provision; AND, Response: The subject property is not relying on "piggyback" use of the Veterans Park Comntons PUD for establishbtg consistency with O.l.C. Subdistrict, which can only be applied one (1) time to serve as a transitional use. Rather, the subject property is relying on the approval of the ]Vorthside Medical Plaza PUD on the east side of Veterans Park Drive to establish consistency with the O.I.C. Subdistrict iucluding the fact that it is adjacent to the Surrey Place PUD. Criteria of the O.I.C. Subdistrict lintits project uses to office or low intensity commercial, except for land abutting comntercial zoning on both sides which may include the highest abutting zoning district. Sittce the property abuts comntercial zoning on two (2) sides, it is not "piggybacking" attd can be found consistent with the 0.I.C. Subdistrict. The proposed C-1 uses are sintilar itt character to nearby commercial uses. 4. The two PUD properties to the west rezoned via the "1/4 mile support medical facilities" provision - which contain permitted uses that include physicians' offices, rehab centers, and pharmacies (mostly C-1 uses, drug store is a C-2 use) - constitute "commercial zoning"; AND, C:X,Documents and Settings~reischl_f~ocal Settings\Temporary Intemet Files\OLK 17DLFR020912 A G£~.~iI~ ITE~ loc No.~..~ NOV O 5 2002 ,Respott se: The abutthtg Northside Medical Plaza PUD can only be considered commercial zoning because this is what it is. The Growth Managentent Platt ("GMP") definition of comntercial uses includes "activities within land areas which are predominantly conuected }vith the perforntance of services". The Northside Medical Plaza PUD perntits physician offices, medical clinics, treatntent, research attd rehabilitation centers, health services, pharntacies attd other ntedical related uses which clearly constitute commercial uses. 5. The proposed commercial uses will be compatible with surrounding land uses, both exi.sting and permitted. Response: The entire west side of Veterans Park Drive is developing with non-residential uses inchtding a county park which generates upwards of one thousand (1,000) vehicle trips per day and a fire station which generates seventy-five (75) emergency vehicles trips per day. This is itt addition to the Northside Medical Plaza PUD attd Veterans Park Commons PUD yet to be developed. These considerations combined with the future use of Veterans Park Drive which will be solely used by non-residential traffic strongly justify future commercial use of the subject property and consistency with the 0. I. C. Subdistrict. Furtherntore, C-1 uses lintited to two (2) stories, with lintitations on parking prohibited to the rear of contmercial structures, attd separated from residential uses by the Cocohatchee River can be fouttd to be compatible with nearby residential uses. Therefore, consistency can be established with this provision of the O.I.C. Subdistrict. Very truly yours, Hole Montes, Inc. Robert L. Duane, A.I.C.P. Planning Director RLD/mjr Cc; Tom Taylor Bruce Anderson Craig Timmins David Weeks Collier County Planning Commission C:XDocuments and SettingsXreischl_fxLocal Settings\Temporary Intemet Files\OLK 17DXFR020912.doc NOV 0 5 2002 October 1, 2002 Collier County Planning Commission Naples, Florida Re: Petition: RZ-2001-AR-1649, East Veteran's Park Dear Sirs, I am the owner of the East Veteran's Park property that is currently under consideration for rezoning. I am, and have been for many years, a taxpaying resident of Collier County. I purchased this property several years ago with the intention of building a residence for my mother-in-law, and had plans drawn for the home. She passed axvay before I could begin the construction. Later on, I considered it as a homesite for my wife and I. As I considered it further, I saw that it had too much traffic for a residence, and it seemed that all of the other land on the street was being considered for commercial development. In fact, I know of no other residential pieces of land on the whole street. It all seems to be commercial. I hired a real estate agent, over a year ago, from a prominent residential firm in Naples to find a buyer for my land. They received no interest or written offers from anyone interested in the property for a residence, or anything else relating to its current zoning. They found a prospective buyer who has agreed to buy the property, only if it can be rezoned for commercial use. There are also others interested in the property, but only if it can be rezoned for business use. I am a veteran Army Air Corps pilot who served in World War Two. I am completely disabled, as a result of the war. With the current zoning, there are no buyers. I really need to sell this piece of land, as it is a hardship on me, both financially and emotionally, with its current residential zoning. I would greatly appreciate any consideration you can give me in resolving this dilemma, and allowing the land to go to people who will put it to a good use. Sincerely, George W. Visnich NOV 0 5 2002 EXHIBIT A RZ-2001-AR-1649 PROJECT #2001100076 DATE: 10/24/01 FRED REISCHL APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY ST2drF General Information: Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # Craig D. Timmins, Trustee State Florida 514-5076 Fax # Zip 34108 Name of Agent Robert L. Duane Agent's Mailing Address 950 Encore Way City ' N~los Agent's Telephone # 254-2000 Agent's E-Mail Address: Firm Hole Montes, Inc. State~__ZiP Fmc# 254-2099 _ BobDuane~holemontes.com COLLIER COUNTY COI~AIJ'NITY DEVELOPMENT PLANNING SERVICES/CURIt-ENT PLANNING 2800 N. HORSESHOE DRIV~NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION I~OR PUBLIC HEARING FOR STANDARD REZONE - 0112000 PAGE I AGFI~A I ,T~ NOV 0 5 2002 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Unknown/Sm~hn,~ nH Estato City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip 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). NameandAd~ess 429 Ridge Ct. Naples, FL 34108 Percentage of Ownership !00% (hu.qhana & wick) APPLICATION FOR PUBLIC HEARING FOR ST~kNDARD REZONE - 02/2000 PA AGE- ITEM NOV 0 5 2002 ;E 2 .F 167 If the property is owned by a CORPORATION, list thc officers and stockholders and the percentage of stock owned by each. Nm'nc and Address, and Office Pcrccntagc of Stock If thc property is in thc name of a 'rRUSTEE, list thc beneficiaries of thc trust with thc percentage of interest. Name and Address Percentage of Intcrcst 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, a' Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. lqamc ~nd Addrcss Craig D. Timmins 76 Carribean Rd.~ Nap]ox; Christopher L. Allen 555 Hickory Rd., Naples, ~homas M. Taylor 481Carica Rd., Naples, PercenmgeofOwnem~p ~. 34108 33.3% FL 34108 33.3% FL 34108 D~e of Contract: APPLICATION FOR PUBLIC HEARING FOR STANDARD 9/20/01 PAGE NOV 0 5 2002 f. list all If any contingency clause or contract tu. us involve additional parties, individuals or officers, if a corporation, partn~p, or trust. Name and Address go Date subject property, acquired ~'] leased ['~ Term of lease yrs./mos. Under Concract. Contract DaCe - Sept. 20, 2001 If; Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date ho 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 thc responsibility o£the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed ie£al description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zorfing 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 thc legal description, an engineer's certification or sealed survey may be required. Section: 26 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.//: 00166680102 Metes & Bounds Description: See enclosed survey irregular 4. SEe ofproperty: ~.X fl. = TotalSq. Ft.', Acrcs23.512 5. Address/Reneral Iogation of subject property: See Location Map. South of Immokalee Road east of Veterans Park Center 'PUD~ and Veterans Park. APPLICATION FOR PUBLIC HEARING FOR STANDARD R~ZONE- 0~'20~0 PAGE 4 NOV 0 5 2002 Adjacent zoninR and land use; Zoning Land usc N RSF-3 Single Family S PUD Golf Course and Residential Dav~lnpm~n~ E RSF-3 Single Family W PUD Medical, Fire Station~and Vacant Land mo~s the owner of the subject prop~y own propc~y contiguous to the subject property? If so, give complete legal description of entire contiguous property. (].f spacc is inadequate, atmch~on separate page). Section: N/A Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is reque, sting a rezone from the RSF-3 zoning dislxict (s) to the c- 1 zoning district(s). Present Use of the Property: Vacant proposed Usc (or range of USES) of thc property: C-1District, however~ some limitations uses. (See cover ~I'I'LICATION FOR I'UBLIC HE~J~/NG F°R ~k'T~JVI}~n RF~ONE - O~Y20OO . Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the planning Commission, and thc planning Commission's recommendation to thc Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing thc rezone request with specific rcfcrcncc to the criteria noted below. Include any backup materials and d°cumcntati°n in supp°rt °f' i' 'ca*~o.~_~ '~ ! NOV 0 5 2002 PAGE OF 16 ~ Standard Rezone Considerations (LDC Section 2. 7.2.5.) 1. 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. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone} necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. 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 th e 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. ~hether the change suggested is out of scale with the needs of the neighborhood or the county. APPLICATION FOR lq~LIC ICl~ARI~G FOR STAND.tkRI~ RlgZONE - 15. [Vhether it is impossible to find other adequate sites in the county for the proposed use in districts already perrnitting such use. AC, E~/~ IrF_M~ NOV 0 5 2002 I0. 11. 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 andes defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Il'J, 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. 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 thc 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 sub|ect property: To your knowledge, has a public hearing been held on this property within the last year7 If so, what was the nature of that hearing? Additional Submittal requirements: In addition to this completed application, the ~ollowing shall be submitted in order foryour 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 (16 copies if for affordable housing) [and one reduced 8¼" 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]; APPLICATION FOR PUBLIC HEARING FOR STANDAi~D REZONE -02/2000 all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian i~gress 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. b .i NOV O 5 2002 PAGE7 16 An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 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 their boundaries. Such identification shah be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or s, quare feet) of native vegetation on site, by area, and a calculation and location(s) ow the required portion of native vegetation to be preserved (per LDC S~ction 3.9.5.5.4.). Statement of~tility., 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 HEARVNG FOR STANDARD ]g~ZONE - 02/2000 PAGE NOV 0 5 2002 TRAFFIC IMPACT STATEMENT {TIS): A TIS is required unless waived at the pre-apphcation meeting. The TlS 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 TlS: 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: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) Exisling Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected ma)or thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (m the site o: tlc external right-of-way) such as providing or eliminating ~n ingress/egress point, or providing mm or flecel 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 wilh the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GM?), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address ~!! of the items listed above (for a Minor TIS, and shall also include an analysis of the following: Intersection Analysis Backgromad Traffic 3. Future Traffic 4. Through Traffic Planned/Proposed Roadway Improvement Proposed Schedule (Phasing) of Development APPLICATION I~OR PUBLIC ll~aldtlNG ]~OR STANDAI~ REZONE - 02/2000~ PA~ TRAFFIC IMPACT STATEMENT (TLS) STANDARDS: Thc 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. 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 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. 5. Radius of Development Influence (RI)I): The TIS shall cover the least of the following two a) an area as set forth below; or, b) 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. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000- 399, 999 Sq. Ft. 5 Miles 400,000 & up 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 ~TANDARD'I~ZONE - 0zr~00n Intersection Analysis: An intersection analysis is required for ail intersections within the RDI where the sum of the peak-hour critical lane volume is projected ~o tw ). NOV 0 5 2002 10. 11. 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 potcnfial development shall bc provided. Potential developmcnt is that which may be dcvclopcd 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 RDL A map or list of such lands w/th potential traffic impact calculations shall b~ provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to dm'/ve the est/mates shall be provided. It may bc desirable to include any additional documentation and backup data to support thc estimation as wc~l. 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/PUM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REEONE - 02/2000 NOV 0 5 2002 1 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: Craig D. Timmins, Trustee 76 Carribean Road CITY Naples, STATE FL ZiP ADDRESS OF SUBJECT PROPERTY (IF AVAIl.ABLE): 34108 m LEGAL DESCRIPTION: Section: 26 Township: 48 South Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Rmnge: 25 East Property I.D.#: 00166680102 See Enclosed Survey (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEB! CITY UTILITY SYSTEM 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 Iv. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 3o, ooo Sq. AI'PLICATION FOR PUBLIC IIKAR1NG FOR ~I'ANDARD'I~r-ZONlg -- 02/2000 Ft. 0 PAGE 13 NOV 0 5 2002 10. 11, 12. PEAK AND AVERAGE DAII.Y DEMANDS: A. WATER-PEAK 6,000 G?D AVERAGE DAILY 3.000 c79 B. SEWER-PEAK 6 ~ 000 GPD AVERAGE DAII.Y 3 ~ 000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2/02 . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of s~vagc treatment process to bc used as well as a specific statement regard/nE 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. COLLIER COUNTY UTILITY DEDICATION STATEM. ENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be prov/ded agreeing to dedicate to Collier County Utilities thc 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. STATEMEN"r 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 Pr~ovixion Statement P. JM 10/17197 APPLICATION FOR PUBLIC HEARLN(3 FOR STANDARD JREZONE - 02/20~n PAOE 14 ( NOV 0 5 2002 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WTTH APPLICATION PACKET.* '~ REQUIREMENTS # or NoT COPIES REQUIRED REQUIRED 1. Completed Application 15' X 2. Copy of Deed(s) an~'list~' identifying Owner(s) and all 2* Partners if a Corporation X 3. Completed Owner/Agent Affidavit, Notarized 2* × 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15' ~/A 6. Environmental Impact Statement- (EIS) 4 ~/^ 7. Aerial Photograph - (with habitat areas identified) 5* × 8. i2ompleted Utility Provisions Statement (with required 4 attachments and sketches) × 9. Traffic Impact Statement- (TLS) 10. Historical & Archaeological Survey or Waiver 4 Application × 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 ~./^ 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners x 14. Other Requirements - * Documents required for Long-Range planning R~view * 1 additional copy il'for affordable housing 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 STANDARD'REZONE - 02/2000 Date ~AO~ ~ ~F ~OV 0 5 2002 pg. ~ '~/~ r'e ~ being J~r~t duly tworn; ' ~' am/are the 'owner~ of ~he ~~ d~bed ~er~in and whic~ ~ ~ and ~ t~ w~I the ~ject m~ of the d~cl~e of i~e~t i~o~affon, aH s~tche~, data. and o~ ~pl~znt~ ~ ~ch~ to and ~de a ~ of th~ applic~ion, are hon~ and t~ to t~ b~t'of~ ~°wl~ and bMief ~ ~d~s~nd that the ~f~on requited on ~ ~ii~on m~t be co~e and acute ~d t~t the ~ of th~ fo~. wheth~ co~ter g~at~ or Co~ p~ed ~ll and aH r~ui~ info--on ~ been ~miH~. ~ p~p~ owner ~~r ~tho~ze _R~err L. Duane .to act ~ o~/my ~pr~entative in ~y matters regarding t~ Pe~o~ ocignatur~ of Property Owner Typed or Printed Name of Owner $i'~'ature of Property Owner Typed or Printed Name of Owner The foregoing instrument wa~, aeknOW/edged before me this /[/7~ day of ~e~ ~e f , 20..0. / . ~by _~_,eorF~4 ~'r~,O/~ ~. ~,~ ~ who a perao~l~~ to meor ~ produced State ofl~lorida County of C-oilier (Signature of lgo~try Public- 8tare of Florida.) ~t T~e. or ~amp ~m~oned ~ame of Not~ PubliO PAO~ 16 ~ 16 NOV O 5 2002 RZ-200~-AR-1649 PROJECT #2001100076 DATE: 10/24/01 TRAFFIC IMPACT STATEMENT FOR EAST VETERANS PARK OFFICE SITE (PROJECT NO. 010910) Prepared by: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 (941) 278-3090 October 8, 2001 AGEI~A ITEM~z NOV 0 5 2002 CONTENTS 1. PURPOSE OF REPORT 2. SCOPE OF PROJECT 3. EXISTING CONDITIONS 4. PROPOSED USES AND TRIP GENERATION 5. TRIP DISTRIBUTION AND AREA OF INFLUENCE 6. FUTURE TRAFFIC CONDITIONS 7. LEVEL OF SERVICE DETERMINATIONS 8. CONCLUSION 9. APPENDIX NOV 0 5 2002 1. PURPOSE OF REPORT The following report has been prepared in order to fulfill the requirements set forth by the Collier County Department of Community Development for projects seeking approval for development. This report has been submitted in accordance with the criteria outlined in the Collier County Traffic Impact Statement Standards. More specifically, this report investigates the anticipated traffic characteristics of the proposed East Veterans Park Office Site in order to establish adverse off-site roadway impacts, if any, associated with the development. 2. SCOPE OF PROJECT The East Veterans Park Office Site is a proposed mixed office development consisting of approximately 30,000 square feet of floor area. The office development will be constructed on the east side of the access dhw currently utilized by the Veterans Park to the south of Immokalee Road in Collier County, Florida. Figure 1 depicts the site location and the roadways in the vicinity of the project's Access to the parcel is proposed to', l:,e provided exclusively from an access drive location onto the Veterans Park driveway. ~'i~ "~'c:crans Park driveway will provide the ~.~ ' ucx, e~opnt~m access to Immokalee Road. In order to establish off-site roadwax impacts, this report will examine traffic conditions at the expected time of project compleiion. It is anticipated that the East Veterans Park Office development will be completed by the year 2004. 3. EXISTING CONDITIONS The subject site is currently vacant. Vacant land is to the north of the subject site. To the west of the subject site is the Veterans Park driveway, and to the south is Veterans Park. There is vacant land to the immediate east of the subject site as well, however a Collier County Fire Station is located to the east of the access drive and utilizes the same access location as the Veterans Park. Page I NOV 0 5 2002 BONITA BEACH RD. 11TH AVE. -- SITE LOCATION IMMOKALEE RD VANDERBILT BEACH RD. NOT TO SCALE SEAGATE MOORINGLtNE D 4TH AVE RADIO RD ALLIGATOR ALLEY LELY CULTURAL PKW'r'. SITE LOCATION NOV 0 5F~E: ,,.,-/,-/- Immokalee Road is a four lane arterial facility in the vicinity of the subject site. Immokalee Road is maintained under the jurisdiction of the Collier County Department of Transportation. Turn lanes exist on Immokalee Road at its intersection with the Veterans Park driveway. The posted speed limit on Immokalee Road is 45 mph. 4. PROPOSED USES AND TRIP GENERATION Upon completion of the East Vete~ns Park Office Site, the development will consist of 30,000 square feet of mixed office uses. ' The report published by the Institute of Transportation Engineer's (ITE), titled Trip Generation, 6th Edition, was utilized to estimate the number o£ vehicle trips the pr~posed development would generate. For this analysis, it was assumed that a portion of the building would be occupied by medical office uses. Therefore, Land Use Code 710 - General Office and Land Use Code 720- Medical/Dental Office were utilized to estimate the weekday A.M., P.M. and daily traffic generation of the development. The equations for these land uses are contained in the Appendix of this report for reference. Tab}e 1 indicates ~ summary of the proposed uses for the development, and Table 2 outlines the anticipated trip generation of the development. Table 1 Proposed Land Uses East Veterans Park Office Site Land Use" ] .Size General Office I 20,000 square feet Medical/Dental Office 10,000 square feet Table 2 Trip Generation East Veterans Park Office Site I GeneralOffice 45 5 50 5 25 30 385 I Medical 0ffice 20 5 25 10 25 35 195 I Total I65 I 10 I 75 I 15 I 50 I 65 I 575 Page 3 NOV 0 5 2002 5. TRIP DISTRIBUTION AND AREA OF INFLUENCE Trips generated by the East Vete~'ans Park Office Site were assigned to the surrounding infrastructure based on the existing and planned traffic patterns for this area of Collier County. Figure 2 indicates the anticipated trip distribution patterns for the East Veterans Park Office Site. The trips shown in Table 2 were then assigned to the surrounding roadways based on the anticipated trip distribution shown in Figure 2. The assignment of the trips to the area roadway network is shown in Figure 3. 6. FUTURE TRAFFIC CONDITIONS In order to determine which links and intersections will be significantly impacted by the proposed development, the peak hour project traffic was compared to 5% of the LOS "C" hourly traffic volumes for all links receivin~ a substantial amount of project traffic. Table lA in the, Appendix details the impact percentages for the East Veterans Park Office Site. The Level of Service threshold volumes were obxz~incd from the Florida Department of Transportation Level of Service Software, Version ,~.~' 'i i~e resultant Arterial Level of Service spreadsheets are located in the Appendix of this ~cp,)rt for reference. None of the roadway links wittfin this project's area of influence will be significantly impacted by the construction of the East Veterans Park Office Site. Traffic data contained in the Collier County Department of Transportation 2000 Traffic Count report was utilized to calculate the future background traffic volumes for the project build-out year of 2004. Based on the historical traffic count data in this report, an annual growth rate was determined for all links and intersections under study. Table 2A, located in the Appendix of this report, illustrates the methodology utilized to determine the annual growth rates for the links and intersections within the development's area of influence. The project traffic for the AM and PM peak hours was distributed to the surrounding roadway network based on directions of approach and distributions as previously discussed. Page 4 AGE~ A ITE~ IOV O 5 2O02 LLIFa I--'~ I'--0 AC.~.~qOA ITEM LU 0 Z ,,~ 0 rr' n" n.,' 0 IJJ~ ~-0 O:~ NOV O § 2002 The 2000 traffic count data was factored by a growth factor, a K-100 factor, and a track factor of 0.952 to determine the 200I peak hour- peak season-bi-directional traffic volumes on the surrounding arterials. The 2001 peak hour-peak season-bi-directional traffic volumes and corresponding Levels of Service are shown on Figure 4. The future traffic volumes were detemfined after combining the background traffic and the project traffic at build-out. The year 2004 projected peak hour traffic volumes without development traffic and the corresponding levels of service are shown on Figure 5. Development traffic and total traffic (i.e. background + development traffic) are also shown by link in Figure 5, along with the corresponding Levels of Sen, ice. 7. LEVEL OF SERVICE DETERMINATIONS Figure 5 details the Levels of Ser','ice for all links inside the project's area of influence. These Level of Service volumes were derived based on the FDOT Level of Service Software, Version 4.0 and are for peak season-peak hour-bi-directional traffic volumes. Copies of the corresponding Arterial LeveJ o5 Sc?,'ice Tables are provided ir: the Appendix for reference. Table 2A in the Appendix details the calculations to determine the Level of Sen, ice on the analyzed links. In comparing the links' functional classification and calculated 2004 traffic volumes to the Service Volume Tables, it was determined that most of the roadways inside the project's area of influence will maintain an acceptable level of service once the project traffic has been added to the roadway. The only exception is Immokalee Road between U.S. 41 and Goodlette Frank Road. This roadway is shown to operate at LOS "F" in the 2004 background traffic conditions. Immokalee Road, from U.S. 41 to 1-75, is currently planned to be widened to a six-lane roadway. However, this roadway improvement currently lacks funding. If the Collier County "Half-Cent" Sales Tax increase is passed this Fall, the county is expected to utilize the added funds towards roadway improvements. At that time, funding would be provided for the Immokalee Road six- laning project as well as additional roadway improvements within Collier County. If Immokalee Road were widened to a six-lane roadway, then the roadway section betwe, :~ U.$.~L~ NOV o 5 2n02 Page 7 o Goodlette Frank Road would operate at LOS "D". Regardless, this roadway link is not significantly impacted based on the 5% LOS "C" criteria according to Table IA in the Appendix. 8. CONCLUSION Based on the link specific service volumes for peak hour-peak season-bi-direction traffic, the links analyzed as part of this report will not be significantly impacted as a result of the proposed development. Most of the roadways analyzed as a result of this report will maintain an acceptable level of service once the development traffic has been added to the roadway network. The only exception is Immokalee Road from U.S. 41 to Goodlette Frank Road. This roadway link is expected to operate at LOS "F" under 2005 background traffic conditions. However, if this roadway were widened to a six-lane facility, it would operate at LOS "D". Turn lanes may be warranted due to construction of the East Veterans Park Office Site, however turn lane analysis will be completed at the Development Order stage. At this time, no roadway improvements are necessary due to the addition of the development traffic from the East Veterans Park Office Site. K:/01/09/1 O/report Page 10 NOV 0 5 2002 APPENDIX NOV 0 5 2002 TABLE lA & 2A NOV 0 5 ~00~ II II 0 LL LL ILl 'I' ~ IJ.J 0 8 0 r~ o ct' NOV 0 5 2002 Z ILl W --I E E E E NOV 0 5 2002 ARTERIAL LEVEL OF SERVICE SPREADSHEETS NOV 0 5 2002 ART-TAE Arterial Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: Airport-Pulling Rd User Notes: Default Traffic Characteristics K Factor: 0.097 D Factor: 0.519 PHF: 0.970 Adj. Sat. Flow Rate: 1,850 % Turns from Exclusive Lanes: 24.0 Roadway Characteristics Posted Speed(mph): 45 Area Type: Urbanized Aderial Class: 1 Medians: Yes Left Turn Bays: Yes Length of Arterial: 2.00 mi. From/To: Immokalee Rd to Vand Study Period: PM PEAK Control Characteri~tic~ No, Signalized Intersections: 3 Signal Type: Actuated Arrival Type: 4 Cycle Length: 140 sec. g/C: 0.41 PEAK LANES 1 2 3 4 HOUR PEAK DIRECTION VOLUME Level of Service A B C D E N/A N/A 660 980 1,000 N/A N/A 1,380 1,970 2,000 N/A N/A 2,110 2,970 2,990 NIA N/A 2,830 3,970 3,990 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A N/A 1,280 1,880 1,920 N/A N/A 2,660 3,800 3,850 N/A N/A 4,060 5,720 5,770 N/A N/A 5,460 7,650 7,690 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A N/A 13,200 19,400 19,800 N/A N/A 27,500 39,200 39,600 N/A N/A 41,800 59,000 59,500 N/A NIA 56,300 78,900 79,300 PEAK HOUR PEAK DIRECTION Through/Right vic Ratio LANES Level of Service A B C D E N/A N/A 0.66 0.97 1.00 N/A N/A 0.69 0.98 1.00I N/A N/A 0.70 0.99 1.00 N/A N/A 0.70 0.99 1.00 1 2 3 4 Printed: 10,'03/20C 2002 ~o:4~'~ - ART-TAB 4.0 Adedal Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: Goodlette Frank Rd User Notes: Default Traffic Characteristics K Factor: 0.097 D Factor: 0.600 PHF: 0.850 Adj. Sat. Flow Rate: 1,850 % Turns from Exclusive Lanes: 39.0 Roadway Characteristics Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 1 Medians: No Left Turn Bays: Yes Length of Arterial: 1.85 mi. From/To: Immokalee Rd to Vand Study Period: PM PEAK Control Characteristics No. Signalized Intersections: 2 Signal Type: Actuated Arrival Type: 3 Cycle Length: 100 sec. g/C: 0.43 PEAK HOUR PEAK DIRECTION VOLUME Level of Service LANES A B C D E I I I N/A 520 1,030 1,140 1,240 2 ] N/A 1,050 2,120 2,300 2,480 3 I N/A 1,590 3,190 3,460 3,720 4 I NIA 2,120 4,260 4,620 4,960 PEAK HOOF[ VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A 860 1,720 1,910 2,060 N/A 1,760 3,530 3,840 4,130 N/A 2,650 5,310 5,770 6,190 N/A 3,540 7,100 7,690 8,260 ANNUAL AVERAGE DALLY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A 8,900 17,700 19,600 21,300 N/A 18,100 36,300 39,500 42,600 N/A 27,300 54,800 59,400 63,900 NIA 36,500 73,200 79,300 85,100 PEAK HOUR PEAK DIRECTION Through/Right Level of Service LANES A B C D v/c Ratio 1 2 3 4 N/A 0.41 0.83 0.92 1.00 N/A 0.42 0.85 0.92 1.00 N/A 0.42 0.85 0.93 1.00 N/A 0.42 0.85 0.93 1.00 NOV 0 5 20O2 Printed: 10f02/2001 11:33:45 Af~4 ART-TAB 4.0 Aderial Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: immokalee Road User Notes: Default Traffic Characteristic.; K Factor: 0.097 D Factor: 0.542 PHF: 0.950 Adj. Sat. Flow Rate: 1,850 % Turns from Exclu~ve Lanes: 16.0 From/To: West of U.S. 41 Study Period: PM PEAK Roadway Characteristics Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 1 Medians: Yes Left Turn Bays: 'Yes Length of Arterial: 1.00 mi. Control Characteristic~ No. Signalized Intersections: Signal Type: Actuated Arrival Type: 3 Cycle Length: 110 sec, g/C: 0.40 PEAK LANES HOUR PEAK DIRECTION VOLUME Level of Service A B C D E 1 2 3 4 N/A N/A 380 790 880 N/A N/A 780 1,620 1,760 N/A N/A 1,180 2,480 2,640 N/A NIA 1,570 3,350 3,520 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LAN ES A B C D E 2 4 6 8 N/A N/A 700 1,450 1,620 N/A N/A 1,430 3,000 3,250 N/A N/A 2,170 4,580 4,880 N/A N/A 2, 910 6,180 6,500 ANNUAL AVERAGE DALLY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A N/A 7,200 15,000 16,700 N/A N/A 14,800 30,900 33,500 N/A N/A 22,400 47,200 50,300 N/A N/A 30,000 63,700 67,000 PEAK HOUR PEAK DIRECTION Through/Right vic Ratio Level of Service LANE,~ 1 2 3 4 A B C D E N/A N/A 0.43 0.89 0.99 N/A N/A 0.44 0.92 1.00 N/A N/A 0.44 0.93 1.00 N/A N/A 0.44 0.95 1.00 Printed: 10/03/2001 NOV 0 5 2002 pg. ~ ... 1¢ :.5'~ '27 ART-TAB 4.0 Aderial Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: Immokalee Road User Notes: Default Traffic Characteristi¢~ K Factor: 0.097 D Factor: 0.542 PHF: 0.950 Adj, Sat. Flow Rate: 1,850 % Turns from Exclusive Lanes: 16.0 From/I-o: Roadway Characterfstic~ Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 2 Medians: Yes Left Turn Bays: Yes Length of Arterial: 0.75 mi. U.S. 41 to Goodlette Study Period: PM PEAK Control Characteristics No. Signalized Intersections: 3 Signal Type: Actuated Arrival Type: 4 Cycle Length: 90 sec. g/C: 0.40 PEAK LANES HOUR PEAK DIRECTION Level of Service A B C VOLUME D E N/A N/A 430 770 850 N/A N/A 890 1,580 1,720 N/A N/A 1,360 2,410 2,590 N/A N/A 1,830 3,250 3,460 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANE,~ 2 4 6 8 A B C D E N/A N/A 800 1,420 1,570 N/A N/A 1,650 2,920 3,170 N/A N/A 2,510 4,450 4,780 N/A N/A 3,380 6,000 6,390 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A N/A 8,200 14,600 16,200 .N/A N/A 17,000 30,100 32,700 N/A N/A 25,900 45,900 49,300 N/A N/A 34,800 61,900 65,900 PEAK HOUR PEAK DIRECTION Through/Right vic Ratio Level of Service LANES A B C D E 1 2 3 4 NIA N/A 0.49 0.87 0.96 N/A N/A 0.50 0.89 0.97 N/A N/A 0.51 0.91 0.98 N/A N/A 0.51 0.92 0.98 Printed: 10/03/200 ^GEJS,', NOV 0 5 2002 ART-TAB 4.0 Arterial Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office o May 2000 Road Name: Immokalee road User Notes: Default Traffic Characterf~tic_~ K Factor: 0.097 D Factor: 0.542 PHF: 0.950 Adj. Sat. Flow Rate: 1,850 % Turns from Exclusive Lanes: 16.0 From/To: Goodlette to Airport Study Period: PM PEAt( Roadway Characteristi~,~ Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 1 Medians: Yes Left Turn Bays: Yes Length of Aderiah 1.30 mi. Confrol Characterisfic~ No. Signalized Intersections: 2 Signal Type: Actuated Arrival Type: 4 Cycle Length: 90 sec. g/C: 0.44 PEAK LANES 1 2 3 4 HOUR PEAK DIRECTION VOLUME Level of Service A B C D E N/A 360 860 960 970 N/A 750 1,770 1,940 1,940 N/A 1,130 2,710 2,910 2,910 N/A 1,510 3,650 3,880 3,880 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A 670 1,590 1,770 1,790 N/A 1,380 3,270 3,580 3,580 N/A 2,080 5,000 5,360 5,360 N/A 2,780 6,740 7,150 7,150 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Service A B C D E LANE,~ 2 4 6 8 N/A 6,900 16,400 18,300 18,400 N/A 14,200 33,800 36,900 36,900 N/A 21,400 51,500 55,300 55,300 N/A 28,700 69,500 73,700 73,700 PEAK HOUR PEAK DIRECTION Through/Right v/c Ratio Level of Service LANES A B C D E I N/A 0.37 0.88 0.99 1.00 fl ~GE- )AITE..M~, ','~-, 2 N/A 0.38 0.91 1.00 1,00 3 N/A 0.38 0.93 1.00 1.00 ~ NOV 0 5 2002 4 N/A 0.38 0.94 1.00 1.00 Printed: 10/03/200 I~:H. 36 ART-TAB 4.0 Arterial Level of Service Tables Based on Chapler 11 of lhe 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: Immokalee Road User Notes: Default Traffic Characteristic.~ K Factor: 0.097 D Factor: 0.589 PHF: 0.920 Adj. Sat. Flow Rate: 1,850 % Turns from Exclusiv~eLanes: 23.0 Roadway Characteristic,~ Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 1 Medians: Yes Left Turn Bays: Yes Length of Arterial: 1.70 mi. From/To: Airport to 1-75 Study Period: PM PEAK Control Characteristics No. Signalized Intersections: 2 Signal Type: Actuated Arrival Type: 4 Cycle Length: 100 sec. g/C: 0.55 PEAK LANES 1 2 3 4 HOUR PEAK DIRECTION VOLUME Level of Service A B C D E N/A 940 1,240 1,320 1,320 N/A 1,980 2,500 2,640 2,640 N/A 3,030 3,760 3,960 3,960 N/A 4,090 5,030 5,290 5,290 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A 1,600 2,100 2,240 2,240 N/A 3,360 4,250 4,490 4,490 N/A 5,150 6,390 6,730 6,730 N/A 6,950 8,540 8,970 8,970 ANNUAL AVERAGE DALLY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 PEAI~ LANE,~ 1 2 4 N/A 16,500 21,700 23,100 23,100 N/A 34,700 43,800 46,300 46,300 N/A 53,100 65,900 69,400 69,400 N/A 71,600 88,000 92,500 92,500 HOUR PEAK DIRECTION Through/Right vic Ratio Level of Service A B C D E N/A 0.71 0.93 1.00 1.00 N/A 0.74 0.94 1.00 1.00 N/A 0.76 0.94 1.00 1.00 N/A 0.77 0.95 1.00 1.00 Pdnted: !0/02!20(. AGE. N~)A fiT_hi,, NOV 0 5 2002 1 11:35:I2 AM ART-TAB 4,G Arterial Level of Service Tables Based on Chapter 11 of lhe 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: U.S. 41 User Notes: Default Traffic Characterfstics K Factor: 0.097 D Factor: 0.582 PHF: 0.890 Adj. Sat. Flow Rate: 1,850 % Turns from Exclusive Lanes: 18.0 ~oadway Charecteristic~ Posted Speed(mph): 45 Area Type: Urbanized Artedal Class: 1 Medians: Yes Left Turn Bays: Yes Length of Arterial: 1.70 mi. From/To: N of Immokalee Road Study Period: PM PEAK Control Characteristics No. Signalized Intersections: 3 Signal Type: Actuated Arrival Type: 4 Cycle Length: 100 sec. g/C: 0.48 PEAK LANES HOUR PEAK DIRECTION VOLUME Level of Service A B C D E 1 2 3 4 N/A 310 880 990 1,070 N/A 630 1,800 2,000 2,140 N/A 950 2,730 3,010 3,220 N/A 1,270 3,670 4,020 4,290 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A 530 1,500 1,700 1,830 N/A 1,080 3,080 3,430 3,680 N/A 1,640 4,690 5,170 5,530 N/A 2,190 6,310 6,910 7,380 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A 5,500 15,500 17,500 18,900 N/A 11,200 31,800 35,400 37,900 N/A 16,900 48,300 53,300 57,000 N/A 22,600 65,000 71,200 76,000 PEAK HOUR PEAK DIRECTION Through/Right Level of Service LANES A B C D vic Ratio E 1 2 3 4 NIA 0.28 0.80 0.91 0.98 N/A 0.29 0.82 0.92 0.98 N/A 0.29 0.83 0.92 0.99 N/A 0.29 0.84 0.92 0.99 Printed: 10/02/2001 11:35:53 ART-TAB 4.0 Arterial Level of Service Tables Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Road Name: U.S. 41 User Notes: Default Traffic Characterf~tic~ K Factor: 0.097 D Factor: 0.523 PHF: 0.960 Adj. Sat. Flow Rate: 1,850 % Turns from I=xclusive Lanes: 15.0 From/To: Roadway Characteristic.~ Posted Speed(mph): 45 Area Type: Urbanized Arterial Class: 1 Medians: Yes Left Turn Bays: Yes Length of Arterial: 2,80 mi. Immok. to Gulf Park Study Period: PM PEAK Control Characterfstic,~ No. Signalized Intersections: 3 Signal Type: Actuated Arrival Type: 3 Cycle Length: 160 sec. g/C: 0.53 PEAK LANES HOUR PEAK DIRECTION VOLUME Level of Service A B C D E 1 2 3 4 N/A 380 1,020 1,150 1,150 N/A 760 2,080 2,310 2,310 N/A 1,150 3,160 3,460 3,460 N/A 1,540 4,240 4,610 4,610 PEAK HOUR VOLUME (BOTH DIRECTIONS) Level of Service LANES A B C D E 2 4 6 8 N/A 720 1,950 2,210 2,210 N/A 1,460 3,980 4,410 4,410 N/A 2,200 6,030 6,620 6,620 N/A 2,940 8,100 8,820 8,820 ANNUAL AVERAGE DAILY TRAFFIC (AADT) Level of Service LANES A B C D E 2 4 6 8 N/A 7,400 20,100 22,700 22,700 N/A 15,100 41,000 45,500 45,500 N/A 22,700 62,200 68,200 68,200 N/A 30,300 83,500 91,000 91,000 PEAK HOUR PEAK DIRECTION Through/Right Level of Service LANES A B C D vic Ratio E 1 2 3 4 N/A 0.32 0.88 1.00 1.00 N/A 0.33 0.90 1.00 1.00 N/A 0.33 0.91 1.00 1.00 NIA 0.33 0.91 1.00 1.00 Printed: 10/02/2001 NOV 0 5 2O' P~,.'~ L~ 1:35:4i AM TRIP GENERATION EQUATIONS NOV 0 5 2002 TRIP GENERATION EQUATIONS EAST VETERANS PARK OFFICE SITE ITE TRIP GENERATION REPORT, 6TH EDITION Land Use General O~ce LUC 710 I Weekday AM Peak Hour [ Weekday PM Peak Hour I Ln(T)=0.797Ln(X)+l.558,I T= l.49 (X)*, r 88% entering. 12% exiting 17% entering, 83% exiting T = Trips, X -- 1,000 gross square feet of floor area Medical/Dental Office T = 2.43 (X), Ln (T) = 0.921 Ln (X) + 1.476, LUC 720 80% entering, 20% exiting 27% entering, 73% entering t T = 40.892 (X) - 214.970 T = Trips, X = 1,000 gross square feet of floor area * -- The average trip rate was utilized Weekday Ln (T) = 0.768 Ln (X) + 3.65 For the P.M. Peak Hour equation under the General Office Land use, the average trip rate was utilized rather than the trip generation equation. By utilizing the trip generation equation for the General Office use, the number of P.M. peak hour trips is over twice the number of A.M. peak hour tr/e,s. The data contained in the ITl5 report for the weekday P.M. peak hour is based on 234 studies with an average size of 216,000 square feet. Therefore, when a small office development is proposed a:~d put into the equation (in this case, 20,000 square feet), the straight line equation for tile P.M. peak hour gives an abnormally high result due to the constant contained in the equation. Comparing the weekday A.M. and P.M. peak hour trip generation for a much larger office development (say 200,000 square feet), a more even trip generation between the two peak hours exists. And generally, the P.M. peak hour trip generation is lower than 'the A.M. peak hour trip generation. It is for this reason that the average rate was used for the weekday P.M. peak hour for the General Office use. NOV 0 5 2002 Pg.~.~~ HOLE MONTES ENGINEERS. PLt~Nt~ERS, SURV£YO~S 950 Encore Way. Naples, Florida 34110 · Phone: 941.254.2000. Fax: 941.254.2099 October 23,2001 Revised October 31,2001 Mr. Fred Reischl Principal Planner Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 RZ-20OI-AR-1649 E.~,ST X~;TERANS PARK OFFICE PR().IE('T ~2001101~76 I)ATE: 10/24/t11 DI'E: 11/7/01 I:RED REIS( 'tll~ East Veterans Park Office Site HM File No. 2001114 Dear Mr. Reischl: Please find enclosed 15 copies of an Application to Rezone ±3.512 acres from RSF-3 (residential) to C-1 (the Commercial Professional District). We held the pre-application meeting on September 27, 2001 and no notes were provided. The subject property is located in Section 26, Township 48 south, Range 25 East, South of Immokalee Road and on the east side of Veterans Parkway. A check in the amount of $2,202.75 is provided to process the petition. (See attached location map.) A) Background The subject property is presently vacant and located on the east side of Veterans Park Blvd. Access to the subject property is provided from Immokalee Road that currently has a flashing signal. Traffic currently utilizing this roadway is for nonresidential uses including institutional uses. Utilities are readily available to support the proposed C-1 use of the property. The property is irregularly shaped, and includes portions north and south of the Cocohatchee River with the majority of the land area located south of the Cocohatchee River. North of the Cocohatchee River, the subject property contains a parcel "C" comprising +8,000 S.F. in area and 40 feet in width. This area abuts a single family home to the west. Also contained within the boundary of the subject property is an eight foot strip of land that runs the length of the property to the Immokalee Road right-of-way. This eight foot strip of land currently precludes the extension of Bethany Place onto Veterans Park Blvd. W :~2001 ~2001114~*,.LD~FR011023 .doc Naples - Fort Myers · Venice · Englewood AGENDA ITF...I~4/.~ NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 2 of 12 The subject property is predominately upland in character, with 2.55 acres of uplands and .96 acres of wetlands, located immediately adjacent to and including the river. Gopher tortoise burrows were also identified. See attached environmental assessment and boundary survey identifying the location of these features. (See attached environmental assessment.) Land Use and Zoning The subject property is separated fi-on~ RSF~3 zoned land in Southwind Estates, which is a single family subdivision located on the nortt[ and east side of Cocohatchee River. South of the subject property is the South Hampton PUD which is a residential golf course community undergoir~" development. Portions of this PUD south of the subject property contain golf course and prese~we areas, and no residential development immediately abuts the subject property in the South Hampton PUD. To the west of the subject property and to the south is Veterans Community Park. Immediately to the west of the subject property across Veterans Park Blvd. is the Nor~hside Medical Plazh wlfich permits medical uses and is vacant. The North Naples Fire Control District Center is located to the west of the Northside Medical Center in the Veterans Park Center PUD which also permits office uses. To the north of the Veterans Park Center and the Northside Medical Plaza is the Veterans Park Commons PUD that permits office uses and is located in the south corner of the intersection of Immokalee Road and Veterans Park Blvd. On the south corner of the intersection of Immokalee Road and Veterans Park Blvd. is the Surrey Place PUD that is developed with an Assisted Living Facility on western portions of the pro~)erty and commercial use, the Gulf Coast Bank on eastern portions of this PUD, at the entrance to Southwind Estates. In summary, the emerging land use pattern along Veterans Park Blvd. is currently institutional in character with office and medical uses to come in the foreseeable future. The point being, the development of office uses on the subject property will not change the character of traffic on the street, which is presently nonresidential. Therefore, the emerging nonresidential uses existing and planned around the subject property to the west have influenced the petition for nonresidential use of the subject property. B) Collier County Growth Management Plan The proposed C-1 uses for the subject property relies on the Office and Commercial Infill Subdistrict of the Future Land Use Element to establish consistency with the Collier Count), Growth Management Plan. The intent of the Office and Commercial Infill Subdistrict, as set forth in the Future Land Use Element, is to allow low intensity office, commercial or infill commercial develo )ment, on small parcels within the Urban-Mixed Use District, located along arterial and coil, :t,:,r WA2001k2001114kRLD~FR011023.doc NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 3 of 12 where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office and commercial development attracts low traffic volumes on the abutting roadway(s) is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. (A response is provided under each of the criteria setforth below.) For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for on intervening local street; and commercial refers to C-1 through C-5 zoning districts and commercial components of PUDs. C) Office and Commercial Subdistrict Criteria The subject site abuts a road classified as an arterial or collector as identified on the Five Year Future Traffic Circulation Map, as contained in thc Traffic Circulation Sub-Element. Response The subject property as noted abu/s lmmokalee Road, an arterial roadway with an eight.foot strip that runs the length of thc /2~'c~z~erO'. Therefore, consistency with this criteria can be established with frontage on lnT~.,., ~,('~ :/,.c Road. The site utilized for commercial use is 12 acres or less in size, and the balance of the properD' in excess of 12 acres, if any, is limited to an environmental consem'ation easement or open space; Response The subject property comprising 3.512 acres is less than twelve acres which is the maximum size allowed in this Subdistrict. Therefore, consistency can be established with this criteria. The site abuts commercial zoning: (0 on one side and non-commercial zoning on the other side; or, (ii) on both sides; Re~o~e The site abuts commercial zoning on the west side of Veterans Park Road which is the Northside Medical Plaza PUD by this intervening local street. The basis for approval for these medical uses in the Northside Medical Plaza PUD was based on the fact that the Veterans Park Center is located within one quarter of a mile of North Naples Community Hospital's Imi, :,,L.,'~~m, W:~OOlX2001114'~LV'ff~ROllO23.doc NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 4 of 12 facility. Therefore, limited C-I uses can be found to be consistent for the subject property with the Growth Management Plan because it "abuts" commercial/medical zoning to the west. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); Response The depth of the proposed commercial uses does not exceed the depth of commercial uses on the west side of Veterans Park Blvd., in the Northside Medical Plaza. (See attached zoning map.) Project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; Response Uses proposed for the subject property' are limited to those uses permitted in the C-] zoning district with limitations on uses as provided for in this application. The office uses permitted in this district are compatible with the medical related office uses permitted in the Northside Medical Plaza PUD. Uses in the C-J District are much tess intensive than the C-2 through C-5 zoning districts which permit retail uses amongst other uses. The parcel in question was not created to take advantage of this provision and ~vas created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; Response The parcel was not created to take advantage of the provisions of the Office and b,fill Commercial Subdistrict including the eight feet of frontage along Immokalee Road. The attached deed shows the subject properties legal description has remained fundamentally in the same configuration since 1990 and more than likely prior to this period of time. At time of development, the project will be served by central public water and sewer; and Response The project can be readily serviced by sewer and water at the time of development. W:~2001~2001114~RLDheR011023.doc NOV 0 5 2OO2 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 5 of 12 he The project will be compatible with existing land uses and permitted future land uses on surrounding properties. Response The project can be .found to be compatible with nearby residential uses on the north side of the Cocohatchee River with provisions provided for in this petition and existing conditions currently in place. For example, the petitioPlgr is voluntarily limiting the height to a maximum of two stories or twenty-five feet. The C-1 ~strict permits a maximum height of three stories or thirty- five feet. The petitioner is also voluntarily placing a limitation on parcel "C" located on the northside of the C~eek that it will be maintained in its natural state. It currently is well vegetated. This preservation of parcel "C" will screen and buffer the existing single family home located to the east of parcel "C" from Veterans Park Blvd. and future parking. (See attached boundary survey.) To further promote compatibility between the proposed C-I district and nearby residential uses. the following uses are voluntarily proposed to be deleted fi'om the C-1 district as it applies to the subject property. a. b. C. d e. Barber shops (724I) Beauty Shops (723I) Shoe repair shops and shoeshine parlors (725i) Automobile parking (752]) Individual and fanTit3: social services (8322) In su~nma~3', u, ith the proposed limitations on uses, height, compatibility u, ith nearb), RSF-3 uses can be maintained with the proposed limited C-1 uses. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subdivision shall only be applied one time to serve as a transitional use and will not be permitted to expand. Response The petitioner understands that the Office and Infill Subdistrict can only be applied one time at this location. ,ds a practical matter, there are no opportunities to expand the Office and Infill Commercial Subdistrict beyond this location on the east side of IZeterans Park Blvd. based on surrounding uses, and development and ownership patterns that exist around the subject property. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres. W:~001~2001114~'~LD~FR011023.doc NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 6 of 12 Response There is sufficient land available in the Office and Infill Commercial Subdistrict to accommodate the proposed 3.512 acres. For example, 80.5 acres have rezoned to date for uses permitted Commercial and Office Infill Subdistrict and 5. 5 acres are pending. Special Considerations In addition to the above fmdings that support commercial development of the subject property for limited commercial uses, at our pre-application conference, the issue was raised as to whether the Commercial Office and Infill Criteria can be applied adjacent to medical facilities. The Future Land Use Element allow in the Urban area, within ¼ of a mile of existing or approved hospitals or medical centers, such uses which offer primary and urgent care such as, but are limited to, North Collier Hospital. The Commercial Office and Infill Subdistrict is applicable adjacent to medical facilities or any other commercial uses because no distinction is made in the Growth Management Plan between the type of commercial uses i.e., medical versus nonmedical commercial uses. It is a recognized legal principle that such ambiguities are usually construed in favor of the property owner. At the same pre-application meeting. Collier County Growth Management Staff member, David Weeks, requested that the potential be evaluated for additional medical uses around the North Collier Hospital and Cleveland Clinic to determine what potential there ma',' be for additional medical facilities within ¼ of a mile of these facilities. 'This information was requested to aid County Staff in determining wh~.: additional medical facilities approved under the "1/4 mile provision" and the potential application tbr future Commercial Office and Infill adjacent to such medical facilities. The conclusion of the analysis performed around the North Naples Community Hospital on Immokalee Road is that Estates zoned properties north of the hospital appear to be the only land available for future medical use that could meet the one quarter mile locational requirements. Commercial/medical uses would not seem compatible with residential uses at this location. The Cleveland Clinic is located on Pine Ridge Road adjacent to the interchange with 1-75 and also could have the potential to support medical uses within ¼ of a mile. However, based on the existing land use patterns around Cleveland Clinic, which is largely developed with residential uses in The Vineyards, there are no such opportunities within this PUD for additional medical uses. However, there are some Estates zoned properties subject to the Golden Gate Master Plan south of Pine Ridge Road and also on the west side of 1-75 that fall within the ¼ mile radius but no provisions in the Golden Gate Master Plan are provided for such uses. Therefore, amendments would be needed to the Golden Gate Master Plan to allow such uses. As a practical matter, the Estates zoned lots would require access through residential areas. Therefore, Estates zoned lots in the general area, also do not appear suitable for medical uses at this location. W:~2001~2001114~LD~FR011023.do¢ NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 7 of 12 In summary, it appears, based on existing land use patterns around the North Naples Community Hospital and Cleveland Clinic, there seems to be limited opportunities to support any future medical zoning within ¼ of a mile of these facilities. Therefore, there would be little or no -precedent in establishing future Commercial and Office Infill sites vis a vi the application of the ¼ mile medical facility provision in the Future Land Use Element within the Urban area on surrounding properties based on this consideration. C) Collier County Rezoning Criteria The following criteria are set forth in Section 2.7.2.5. of the LDC to aid in a determination of the suitability of proposed rezonings. A response is provided as to how each criteria can be found consistent with this criteria. 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. Response The proposed change can be found 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. Response The existing land use pattern is described previously in the text. Due to nonresidential uses currently developing and permitted on the west side of Veterans Parkway, the land use pattern emerging is nonresidential on Veterans Parlo~,ay. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response The subject property has not resulted in the creation of an isolated district when evaluated in the context of nonresidential uses emerging on the west side of Veterans Parkway. As noted, all traffic on Veterans Parkway is currently generated by institutional uses on the street i.e. Veterans Park and a fire station with future commercial uses planned in the immediate viciniO, adding to this traffic. The Cocohatchee River also serves to provide a natural separation between residential uses to the north and east of the subject property providing for a natural separation between residential and nonresidential uses at this location. W:k2001k20011 i 4~RLDWR011023.doc NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 8 of 12 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response The proposed zoning district boundary is logically drawn based on existing conditions on the property including the natural separation established by the Cocohatchee River. The depth of C ° ° ~ ommerctal zoning does not extend ~_yond the depth of commercial uses approved on the west side of Veterans Parkway which are defined as abutting uses under the Commercial and Office InfiIl Subdistrict as set forth in the Future Land Use Element. 5. Whether c nged or changing conditions make the passage of the proposed amendment necessary. Response Yes. The emerging nonresidential land use pattern on the west side of Veterans Park,va3,, and the future development of commercial uses along this roadway have changed conditions in the immediate area which now support limited future commercial uses, as allowed by the Commercial and Office Infitl Criteria of the Future Land use Element. Whether the proposed change will adversely influence living conditions in the neighborhood. Response The proposed change will not adversely influence living conditions in the area with limitations on uses and height provided for in this petition. Office uses unlike retail uses are of a character and nature where they can be found to be compatible with residential uses in the vicinity of the subject property. 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 safer3'. Response Based on the T.I.~. provided with this zoning application, traffic impacts are not deemed to be significant nor will the project lower the level of service on any roadway. 8. Whether the proposed change will create a drainage problem. W:k2001L2001114~gd.~D\FRO 11023.doc AGENDA ITEM ~ I NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 9 of 12 Response The proposed C-] district has a positive outfalt to the Cocohatchee River at this location and will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response The setbackx of the C-] district combined with limitations on height will not serious~; reduce light and air to nearby residential areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Response Limited office uses, carefully planned~ screened and buffered from nearby residential uses at this location will not reduce property rattles in the general area unlike other types of commercia! ~ses. 11. ~Yhether the proposed ch:~ee will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response The proposed changes will not 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. Response The property change will not constitute a grant of special privileges to the subject prot~erty because it can demonstrate compliance with the Growth Management .Plan's Future land Use Element. 13. Whether there are substantial reasons why the property accordance with existing zoning. W:~200 B2001114~R.LDWR011023.doc cannot be used in NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 10 of 12 Response The property could be developed with residential uses, affordable housing, and Conditional Uses permitted in the RSF-3 district such as childcare center, churches and the like. Limited office uses can be found compatible at this location as could those other uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response Proposed C-1 uses with limitations on uses, building height, and setbacks along with retainage of vegetation along the Cocohatchee River can be found to be in character with the needs and scale of the neighborhood and county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. ~ Response It is not impossible to find other sites in the county to meet the needs of uses proposed in the district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property useable for any of the range of potential uses under the proposed zoning classification. .Response The site has a limited amount of wetlands on the subject properly and the degree of site alteration required for proposed limited office uses can be accommodated to make the property usable for the proposed range of uses. The majority of the wetlands will be presera, ed on the property with the exception of a small wetlands area on the southern portion of the property, which may be impacted depending upon permitting considerations. 17. The impact of development on the availabili.ty 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. WA2001 ~2001114~RLD~FR011023.doc NOV 0 5 2002 Mr. Fred Reischl East Veterans Park Office Site HM File No. 2001114 Page 11 of 12 Response Public facilities are adequate to support the needs of the proposed development including transportation facilities with the exception of a portion of Immokalee Road between U.S. 41 and Goodlette Frank Road 18. Such other factors, standards, or criteria that the Board of Coun .ty Commissioners shall deem important in thy protection of the public health, safety, and welfare. Response The petitioner willt'consider any further reasonable protection measures to protect the public, health, safety and weyare. D) Other Issues Transportation Based on the link specific services volumes for peak hour season-bi-direction to traffic, the links analyzed as part of the T.I.S. will not be significantly impacted because trip generation is less than five percent of the level "C" service volume. All roads within the Study area will operate at an acceptable level of service with the exception of Immokalee Road from U.S. 41 to Goodlette Frank Road which will operate at service level "F" under 2005 background conditions. However, if this roadway were widened to a six lane facility, it would operate at an acceptable level of service. Therefore, the proposed zoning request may be found consistent with policy 5.1 and 5.2 of Traffic and Circulation Element of the Collier County Growth Management Plan, because impacts are not significant and the project will not lower the service level of affected roadways. (See attached T.I.S.) Enviromnental A request for a waiVer from the requirement to prepare an Envirolunental Impact Statement (E.I.S.) is requested as part of this application. (See attached correspondence and environmental assessment.) E) Archeological Resources The subject property is not identified as having any archeological resources located on it based on the County's archeologieal maps "Area of Historical/Archaeological Probability". A site inspection by a qualified archeologist also found no such resources (see attached letter from Marion Almy of Archaeological Consultants Inc). W:~2001 ~2001114~2_J)~FR011023.doc ITEM..~ -- NOV 0 5 2002 ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD (C.R. 846) ON TI-IE EAST SIDE OF VETERANS PARKWAY, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-l; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, of the Veterans' Office Park Trust, 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 real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 26, Township 48 South, Range 25 East, Collier County, Flor/da, is changed from RSF-3 to C-l, and the Official Zoning Atlas Map numbered 8526N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the stipulations in Exhibit "B". SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. NOV 0 5 2002 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 COIVIMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIR/VIAN Approved as to Form ----~.nd Legal Sufficiency Mmjorie ti~. Student Assistant County Attorney RZ.2001-AR- 1649/FPJto NOV 0 5 2002 RZ-2001-AR-1649 LEGAL DESCRIPTION THAT PORTION OF THE WEST 1/2 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST LYING SOUTH AND WEST OF SOUTHWINDS ESTATES; AND THE EAST 8 FEET OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWE8. T 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGi~ 25, COLLIER COUNTY, FLORIDA. EXHIBIT "A" NOV 0 5 2002 RZ-2001-AR-1649 REZONE CONDITIONS 1) 2) Building height shall be one story with a maximum of 18 feet. A Type "D" Landscape Buffer, eight feet in width, shall be indicated on the Site Development Plan. The buffer shall begin at the Immokalee Road property line and continue south to the Cocohatchee River. 3) The following uses, generally permitted in the C-1 Zoning District, shall not be permitted on the parcel of property that is subject to the rezone. They are: barbershops (group 7241); beauty shops (group 7231); shoe repair shops and shoeshine parlors (group 7251); individual and family social services (group 8322). 4) Parking lots at thc rcar of structures abutting the Cocohatchee River are prohibited. 5) A Type "B" Landscape Buffer along the Cocohatchee River shall be indicated on the Site Development,: Plan. The buffer shall incorporate the existing native vegetation. 6) A wall shall not be required along the Cocohatchee River. 7) A sidewalk, six feet in width, connecting Bethany Place to Veterans' Park Drive through the buffer required in condition 2, shall be indicated on the Site Development Plan. EXHIBIT "B" NOV 0 5 2002 EXECUTIVE SUMMARY APPROVAL OF THE "CITIZENS CORPS" ADVISORY COUNCIL ORDINANCE AND APPOINTMENT OF THE ELEVEN (11) VOTING MEMBERS OF THE COUNCIL OBJECTIVE: Board of County Commissioners approval of the attached ordinance creating a "Citizens Corps" advisory council for Collier County and appoint the eleven (11) nominees listed as voting members. CONSIDERATIONS: At the direction of the BCC the Emergency Management Department and Office of the County Attorney developed an ordinance creating a Citizen Corps advisory council for Collier County. This initiative is a result of President Bush's State of the Union address of January 29, 2002, as an adjunct to the USA Freedom Corps, the establishment of a Citizens Corps program was encouraged in each community throughout the United States to assist in the homeland defense effort and improve the response to natural and man-made disasters including terrorism. The Citizen Corps advisory council will serve as a coordination vehicle for the existing programs and organizations within the county, serve as a catalyst to educate and prepare citizens, qualify the communities for grant monies to better provide community emergency preparedness and support, and supplement the activities of local first responders and emergency management agencies. In order to allow the participation of all the necessary organizations, this ordinance specifies eleven voting members and ten non-voting expert consultants. Additionally, it waives CAA Instruction 5311, paragraph G, which restricts county employees from participating on advisory boards. As proposed, the eleven (11) Citizens Corps voting council members will be comprised of the leadership from the existing volunteer and emergency services agencies within the county including; Community Emergency Response Teams (CERT), Collier Emergency Response Volunteers (CERV), Neighborhood Watch, Fire Chiefs Association, Retired and Senior Volunteer Program (RSVP), Collier County Veterans Council, American Red Cross, Salvation Army, Civil Air Patrol (CAP), Coast Guard Auxiliary and the Naples Area Chamber of Commerce. Additionally, ten (10) expert consultants from both private and governmental emergency services will be represented as follows; Emergency Medical Services Department, Emergency Management, Sheriffs Office, Medical Examiners Office, Health Department, Naples Community Healthcare System, Cleveland Clinic, and the cities of Naples, Marco Island and Everglades City. AGENDA ITEM No. NOV - 5 2002 Pg. } The eleven (11) voting members representing the key emergency and disaster preparedness organizations within the community are proposed as follows: APPLICANT CATEGORY ELECTOR ADV. COMM. Carol Holle Pahl Community Emergency Response Yes Contractors Licensing Team (CERT) Deborah Horvath American Red Cross Yes Robert Rohland Salvation Army Yes Don Peterson Fire Chiefs Association Yes Golden Gate Master Plan Restudy Robert Burhans Neighborhood Watch/Sheriff's Office Yes Nelda Miller Collier Emergency Response Yes Transportation Disadvantage Volunteers (CERV) Affordable Housing Tom Kuzner Civil Air Patrol (CAP) Yes James H. Elson Collier County Veterans Council Yes Raymond Retired and Senior Volunteers Yes Affordable Housing Caldwallader Program (RSVP) Charles Graves Business and Industry ~ Walter Jaskiewicz Coast Guard Auxiliary Yes FISCAL IMPACT: There is no fiscal impact. GROWTH MA3NAGEMENT IMPACT: with this Executive Summary. There is no Growth Management impact associated RECOMMENDATION: That the Board of County Commissioners approve the proposed Citizens Corps advisoD, council ordinance as written, appoint the eleven (11) voting members as listed above, and direct staff to proceed with the steps necessary to create the council. Rinteln, CEM SUBMITTED BY: Date: Emergency Management Coordinator APPROVED Date: Ke~eth F. Pineau, CEM Eme~ency Management Director NOV - 5 2002 pg ORDINANCE 02- AN ORDINANCE ESTABLISHING TIlE COLLIER COUNTY CITIZENS CORPS; PROVIDING FOR: TITLE AND CITATION; FINDINGS OF FACT; MEETINGS OF THE COMMITTEE; FUNCTIONS, POWERS, AND DUTIES OF THE COMMITTEE AND WORKING GROUPS; APPOINTMENT OF MEMBERS AND TlgRMS Olt OFFICE; RF..MOVAL FROM OFFICE AND FAILURE TO ATTEND MF. ETINGS; OFFICERS, QUORUM AND COMPENSATION; EXPi~RT CONSULTANTS; REVIEW PROCESS; CONFLICT AND SEVERABILITY; INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Nation. State of Florida and Collier County are vulnerable to a vaxiety of tm'tm'ism events including the potential for biological, nuclear, incendiary, chemical and explosive att~cla that may result in damage, a causing substaatial injury or libra, to the populauon or subalantinl damage to or loss of property; and WHEREAS, the Pr~siden! of the United Stat~, ..through the Offi~ of Homeland Security, has luked our citizens to volunteer through local governments to assist in the fight against terrorism; and WH2EREAS, Chapter 125, Flodda Statutes. authorize9 the Board of County Commissioners to adopt an ordinance creating advisory boards or conUmttees; and WH~_.REAS, it Is the intent of Collier County to estalalish this Citizens Corps as an advisor3' comminee to coordinate activities within Collier County in order to protect our citizens, to the maximum extent poss~Ole against the terrorism threat. NOW, THEREFORE. BE IT ORDAIN'ED BY THE BOARD OF COUNTY COMMISSIONT..RS OF COIl .II::R COUS;'I Y. FLORLDA, that: SECTION ONE: 'I tTLE AND CITATION, This Ord:n~-:::: si:a! bt known and cited as the "Collier Count)' Citizens Corps Ordinance" SECTION TWO: FINDINGS OF FACT. 1. The Board of Ccur,~) Commissioners ("Board") finds that the President of the United States, through the Office of ltomeland Security, has asked our citizens to volunteer t~ough local govcnunent~ to asstst in the fight against terrorism. 2. Chapter 125, Florida Statutes, authodz~ the Board to adopt ordinances creating advisory ootr'dnittees. 3. The Board finds that the creation of ,, Citizens Corps ("Committee") is necessary to provide information to the citizens of Collier County and to act as a coordinating agency for the NOV - 5 20O2 1:>9. ~ enhancement of activitic~ that support emergency services, ]aw enforcement and disaster prevention, preparedness and rc~tjx)nse. 4. The Board finds that t~e Committee will assist in thc mcroitmcnt of volunteer~ by publicizing and expanding existing community programs such as: Medical P. cae~c, Ncil~bborhood Wetcb, Community Emergency Response Teams (CERT), Voluntce~ In Police Service (VIPS) and other public safety and law cnfc~'cement program~. .5. Thc Board finds that the Committee is necessary to facilitate communication between Collier County and State and Federal agencies on mitigagon activities as well as to enable Colher Count}' to identify outside resources such as grants, training opportunities and equipment. SECTION THREE: MEETINGS OF THE COMMITTEE, .. - - 1. The Committee shall meet on · continuous a~d regularly scheduled basis. 2. All Committee meetings shall be open tothe public ,,nd shall be Rovcmed by thc Florida Government in the Sunshine Law. All Committee meetings shall be held ·flor reaannablc public notice is provided as to the location, time and subject matter of thc meetings SECTION FOUR: FUNCTIONS, POWERS, AND DUTIF.,S OF THE COMMITTEE AND WORKING GROUI~, Thc Committee shall be responsible for advising the~oard of County Commissioners on wide range of domestic terrorism related issues 2 Thc Committee shah act as a coordinating agency for thc enhancement of activities thai supporl emergency services, taw enforcement and disaster prevention, preparedness and response. 3. Thc Commiltcc shall assist in thc recruitment of volunteers by publicizing and expanding existing community programs stich as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams (CERT), Volunteers In Police Service (VIPS) and other public safer.', and law enforcement programs 4. The Committee shall act to facililale communication between Collier County and St·lc and Federal agencies on mitigation activities as well as to enable Collier County to identify resources such as grants, training opportunities and cqut;mcnt. 5. The following working groulJa may be formed to assist thc Committee with thc gathering of information: A. Emergency Services Working Group B. Volunteer Programs Working Group C. Law Enforcement Working Group 2 NOV - 5 2002 D. Public lnformsUon Working Group E. FinanceJOrams Working Group sECTION FIVE: APPOINTMENT OF VOTING MEMBERS AND TERMS OF OFFICE. 1. Compoaltion of the Commitl~e. The Cormmt~e~ shall ¢onalat of a broad baae of citizens diaciplines. The ComnU~l~e shall consia! of eleven (Il) voting member~ fn:,m the following community agencies and org,,nizations: A. Neighborhood Watch B. Community Emergency Response Team (CERT) C. Collier Emergency Response Volunteers (CERV) D. Collier County Five Chiefs Association E. 'Civil Air ~Ftrol (CAP) F. Coasl Out, Auxiliary .. G. American Red Cross H. Salvation Army I. Retired Senior Volunteer Program (RSVP) I. Collier County Veterans Council K. Collier County Businesdlndustry ./ Appointmenl of the Committee shall be governed by Collier County Ordinance No. 2001- 55, as il may be amended, or if repealed, by ils successor ordinance. 3. Each member shall be considered a liaison between his or her respective agency and the Committee. Those individuals shall be recommended by his or her respective agency to lhe Board for consideration for appmmment to the Cornn~ttee. Appointments to lhe Committee shall be approved by the Board of County Commissioners by resoluuon which shall set forth the date uf appomtmem and term of office of each member. 4 Collier County employees serving as Committee members shall be exempt from the Count.~ M~nager Administrative Procedure that prohibits employees from serving on sc~visory boards as it is recognized that it ~s necessary and appropriate thai 'certain specified Collier County agencies participate ~s members of the Committee. 5. Term of Office. The initial terms of office for the Committ~ shall be ~s follows: A. Six members shall serve for thre~ (3) years 15. Five members shall serve for four (4) years Thcrcsflcr, each appointment shall be for a term of four (4) years. AGENDA ITEM NOV - 5 2002 SECTION SIX: REMOVAL FROM OFFICE; FAILURE TO ATrEND MEETINGS. Removal from office and attcndance requirements shall be governed by Collier County Ordinance No. 2001-55, a~ it may be amended, or if repealed, by its successor ordinancc. SECTION SEVEN: OFFICERS, QUORUM, AND COMPENSATION. 1. Each year the officers of thc Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-chairman, and SectvAary from among the Committee members. Thee officer's terms shall be for a I~riod of one (l).ycar with eligibility for m~lection. A. The presence of six (6) or mere members shall constitute a quorum. The Committee may adopt rule~ of procedure for the transaction of business a~d shall keep a written record of meetings, findings and d~terrmnations. Copies of all committee meetings and enhil~!~ts shall be forwarded to the Board of County Commissioners. B. The members of the Committee shall ~erve without compensation, but may be r~imbursed for per diem and travel expenses, only if approved by the Board in advance of any.such travel. SECTION EIGHT: EXPERT CONSULTANTS, 1. Expert consultants from both the private and governroental emergency services community a~ listed below are strongly encouraged to attend each Copmutt~ meeting on I~half of his or her renpectiv¢ empio) ce. A. City cf Napies B. City' of .Marco Island C. Everg,ades C~t.~ D Coil;er CounL~ Emergency Medical Services E Ccli:.~: C,_..:r,, Health Department F. D:-~:nz: 2i, Mede:a2 Exarmner G Co2:e: Counr.~ Sheriff's Office H. Colimr County Emergency Management . F. Naples Community Healthcare System G. Cleveland Clinic - Naples 2. Formal appointment of these expert consuhant~ is not required, as each expert consultant ts not a member of the Committee, and consequently, not permitted to vote. AG,END,~ITEM NOV - 5 2002 Pg. ~) SECTION NINE:- REVIEW PROCESS. The Committee shall be reviewed once every four (4) y~ars commencing in 2006, in accordance with Collier County Ordinance No. 2001-55, ns it may be amended, or if repealed, by ils s~cc~so~ ordinance. SECTION TlgN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicta with any other ordinance of Collier County or other applicable law, Om more r~trictivc shall apply. It' any phrme or portion of this Ordinance is held invalid or unconslitutional 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 SECTION IgLl~VF..aN: EFFECTIVE DATE. This Ordinance shall become effective upon rec61pt of notice from the Department of State thai fi'tis Ordinance hu been filed with thc Department of State. SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made pa~. of the Code of Laws and Ordinances of Collier County, Florida. The sections of the,~Ordinance may b~ renumbered or re- lettered to accomplish such, and the word "ordinance" m~y be changed to "section", "article", or any other appropriate word. PASSED AND DULY ADOPTED by the Board of County Comn'assinners of Collier County, Florida this day of _ ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL.tNTY COMMISSIONERS OF COLLIER COUNTY, F'LORIDA B)': Deputy Clerk jAMES N COLETTA, Chairman Approved as to form and legal sufficiency: Assistant County Attorney 5 NOV - 5 2002 PO. Board of County Commissioners ~-d., (239) 774-8097 Fax: (239) 774-36O2 Application for Advisory Committee/Boards Name: Carol Holle Pahl ~ IH°me 'Home 12501 Sailors Way [Phon_~,: Address: l]~ ~les, FL 239-597- 3759 Business:t Business )hone: 239- ]e-mail 774- ~ddress: i, 239-597-3759 l' ]Zip ~34109 Board or Committee I Citizen Corp Applied-for: Catagory ~i/ f C E R T Example: Commi-~ion Dialslct, Developer, en 'vi~,' nmentali.~t, lay pe~on, etc. Are you a registered voter in Collier Connty: Yes X Do you cnrrently hold public Yesi' t No omce? Ifs°' waat is taat °race i ? Do you now serve, or hnve you ever served, on a Collier County board or Committee? If yes, please list the 1 Contractors Licc~ns/ng Board Please list your co--unity activities (civic clubs, neighborhood associations, et~) and positions held: President, Lakeside Master A~ociation, Therapy Dogs International North Naples Fire Department C'E R T Team Collier Cotmry Sheriff's Citizens' Academy NOV - 5 20,92 E&ucation:f Graduate Penn Hall Jr. College - continued courses at [ Seton Hall Univemty ] Amscan Univemty Experience: Originally from Essex County, N.J. Cnaduated from Oak Knob High School in Summit N.J. and then graduated from Penn Hall l~mior College in Chambersbm'g, PA. Continued-at Seton Hall University and American University. After moving to Washington, D.C. I had the opportunity to work for Senator .tan-ison Williams of New Jersey from 1960 until 1964. I ~mained at home for 13 years to raise my family. After moving to Florida in 1977 1 joined AAA Employment in Fort Myers as a counselor, then was promoted to manager and eventually offered a partnership in the Naples office. I bought my partner out and became sole proprietor from 1980 until I sold the btmincss in t997. ( please see attached resume) Please attach any additional information you feel perlinent. This application should t~e forvvardeM to Su~ Filson, E, rtcutive Manager to tlu~ Board of County Com. rn~wners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, pleas~ fax your application to (941) 774-3602 or e-mad to ~uefllsonC'alcollicmov. n~t. Thank ymt for volunteenng to serve tl~ citizens of Collier County. Print this Page Collier County Home NOV - 5 2002 CAROL HOLLE PA/IL 2501 .%~ilors Way Naples, FL 34109 (941) 59%3759 i980 to Present F. Alue~tion: Professional Affiliations: Personal: AAA EMI~LOYM~NT Naples, Florida Position -Solc Proprietor In thi.q capacity I handled all daily operation, Employer & Employee relations, sales, advertising and nctwork/ng within the Naples bm/ness community. Also accounts payable, accounts revivable, pa~oll and collections. The Naples office for the last 15 years has consistently been one of the top 3 income produc/ng offices of AAA Employment nationwide. I have sold thc business and that is my reason for leaving. Graduate Penn Hall Jr. College - continued courses at Seton Hall University American umve,r~ity Naples Area Chamber of Commerce The Conservancy Friends of the Library Therapy Dogs International Jun/or Achievement of Southwest Florida North Naples Fire Department C.E.R.T. Team Collier County Sheriff's Citizens' Academy Fitness Training Travel Avid reader NoA~DAfEM -- NOV-5 2002 Board of County Commissioners Huptc's. ~., ~] 12 Board or Committee Applied fo :~ Cnt~[ory (if npplicablc): ~n~: c~amis~- hi,ntt, ~,. ~,v~amnmm.t, '"7 ~,m.~/ you a registsred vmt~' inCollier County: Yes -- No Do you currenthd hold public off, re? Yes !~o ~ lfs~. ~t ~ t~ o~ ~ =a'~L¶'~K~E NDA JT,~E M NOV - § 2OO2 DF.~ORAH HORVATH 3060 Round Table Lane Haples, FL 34112 Home: 239-775-8668 Cell: 239-253-0021 E-Ma/l: deborah horvath(~,hotm ail: corn Executive I~m~or June 1995 to present American Red Cross Collier Cou~ Chapter, 2610 Northbrooke Plaza ~ Naples, FL 34119 Responsibilities include the management of a leading nonprofit agency, to inctude: F'~duciary resl30n~bir~y to the Chapter, Board, and the American National Red Cross, -~ Human resources, to inclu(~e both paid and volunteer staff. Implementation of all Board-set po/icies and procedures; setting the agenda for all Board meetings, Executive Committee meetings, and the Annual Meeting. Assistance with ali funclraising ac~fvtties and other means of Chapter support incJucling Community Campaigns (Direct Mai), Grant Writing, United Way Budgeting and Alicx:~ions, Major Donor cultivation, Events Management, and Planned Giving. Presenting regular Chapter status reports. Safeguard and maintain Chal~er property, equipment, supplies, and rec'~rds. Completes all r~13orts, surveys, and questionnaires on a timely basis. Offer the services tl3at we are mandated by Congress and our National Headquarters to deliver to ~ur community, such as disaster preparedness ancl relief, health & safety services, mifitary services, International Law, and International Tracing services. Owner i Bookkeeper Honrath Eiec~c M6;~, Inc., 3455 Westvlew Drive, Naples, Florida 34104 January 1989 to pre~errt Ail the responsibilities of bookkeeping inherent with ¢~ning your own business including: Aco=unts Payable and Receivable General Ledger Pro~;; and Loss Statement Quarterly Tax Reports; Sales Tax Reports; Payroll Reports Mail; F'ding; Monthly Statements; Bank Reconci~ation. NoAG~DA ITeM NOV ,- 5 2002 Research Assistant Gazelle I,;~ma~onal, Inc. 4~50 N. Tamiami Tr-~l, NaiVes, FL ~410~ Responsible for the overall start-up Of a marketing research office (1st of its kind in Nap ): Purchasing offic.~ supplies and equipmer~t Interviewing and stalflng over 3 dozen people Bulding a mailing list of more than 300 companies/possible vendors Payroi~ Accounts Payable and-Recawable Hostessing Fcx:~s Groups; Audio and Video taping Of Focus Groups Conducting telephone monitc,~ for clients Oirecling research projects and keeping reporting sheets, Of F~e Assistant Seetember 1993 to May 19a4 Junior Achievement Naples, Florida ':: 941-64~-6606 -. Assisted with the annual Hall of Fame and Bowi-A-Thon fundraising aclivities. Computer w~rk; I~okkeeping; telephone; courier. Volunteer ., 1990 - 1999 St. Ann School 5~2 8~ Avmlue South Naples, Florida 941-262-4110 ,~ Four year member of theExeCS, ve Board of~e St. Ann Home & School Association. Posts. inctuded Secretary, Treasurer, and President. Duties included settings agendas for meetings, speaking to parents at varfou.s events throughout the year, coordinating fundraising activities, marketing plans, placing ads, updating malting lists, hand-outs to parents and Parishioners, hosting several recel:~ions throughout the year. Two year member on the St. Ann School Board. ~IIPLOYMENT HISTORY: Eleven years in the Banking industry in New York and New Jersey (Head Teller and Assi~ant Branch Manager). Four years as a Travel Agent in New Jersey (Fugazy International Travel). The last thirteen yearn I continue to be self-employed in ~e EI~ Motor Repair business. NOV - 5 2002 ED ,U~,A...TiON: International College, Naples, Flork;la Bachelor of Scien~ Degree in Business Adrrmistralion ~ates Degree in Hosp~ Management Ocean County Community College, Toms River, New Jersey Various non-credit courses June 1997 June 1993 1984- 1985 Nancy Taylor Business I~, New York, New York Travel Industry C, eflifi~e June 1972 Leadership Collier- Class of 2002 Community ~:oundation t n magazine 'Woman of Style" Award - 2001 American N~nal Red Cross Fund Raising Excellence Award -1998, 1999 Various certificates from the Economic Development Council, SW FL Workforce Development Board, Community Foundation, Junior Achievement, Collier .County Govt. ORGANIZATTONS: *. National Society of Fund Raising Executives (NSFRE) Public Relations Association of ~ County (PRACC) Collier County Health Education Coalition United Way Agency Alrmnce St. Ann's Home & School Association~and School Board St. John Neumann High School, School Board Naples Ids~l AmeriCan Club Junior Achievement of Southwest Flo,r)~da St. John Neumann HS Parent Assod~tion, Fundraising Commiaee Special Needs Sheltering Committee of Collier County Economic Development Council/Chamber of Commerce Disaster Recovery Committee REFERENCES: Mr. Joseph Patemo, Executive Director Southwest Florida Work'force Development Board 24311 Walden Ctr. Dr. Bonita Springs, FL 34134 239-992-8000 Mr. Leo Ochs, Jr., Admini~;on Collier County Government 3301 Tamiami Trail East Naples, Florida 34112 239-774-8468 Mr. Ken Pineau, Collier County Emergency Manager Collier C=unt~ Govemment 3301 Tamiami Trail East Naples, Florida 34112 3301 East Tsminmi Trail Naples, FL 34112 ,; (239) 774-8097 '~t~,~ ...~ ~.-~J .?~ Fax: (239) 774-3602 Application for Advisory Committee/Boards Xre you a registered voter in Collier County: Yes i X Do you cnrr~ntly hold p.,~lk office ? :Yes i ] No , X Do you now serve, or have you ever se ~r~, on a Coitier County board or Commit~? ' If ~ p__a.~_ list the e~~rds: . Plmme list yom' eounnm/y ~ (civic e. inh, neighbom4mod assoeislons, etc..) and . I gd~"' ~Mast~ of Social Work; ^dmini. _nB-arian and Policy; University of Michigan, 1972 !r ROBERT A~ ROHI~AND ADD~ AND T~J~EPHON~ 825 I(~-tch Drive, #203 Naples, Florida 34103 Telephone: (239) 434-0834 PROFESSIONAL EXPERIENCK 06-98 to present: The Salvation Army, Collier County, FL Administrator of human service programs including Emergency Sexvices, Transitional Homing, Child Qare Center, After School Program and Thrift Store. Supervise five managers, raise funds, and m'present the Army in the community. 04-90 03 -82 to 06-96: Robert Rohlan& M.S.W., Brighton, MI ladependem practice with individuals, couples and famih'es. Worked with adults, adolescents and children bom a variety of socioeconomic backgrounds to achieve their goals. to 03-90: Meredith Counseling Cknter, Farmington Hills, 1Vii Provided individual, couple anal family therapy, as well as treatmem for substance abuse in a JCAHO accredited clinic. 07-75 to 03-82: Christian Family Services, Souflffield, M/ Executive Director ora nonprofit agency. Supervised existing programs of adoption, foster care and crisis pregnancy counseling. Initiated and developed a counseling program for individuals, couples and families. Created a greater presence in the community and raised funds through public speaking. Published a monthly newsletter and increased the core ofvolunteer staff. All ofthese programs continue to thrive today. 07-73 to 06-75: Oakland County Community Mental Health, Pontiac, MI Provided services to developmentally disabled athaks. Supervised community living homes and assisted in placing residents outside of state ~n~ 01-68 to 0%73: Christian Family Services, Detroit, MI Performed a variety of casework functions related to adoption and foster care. Conducted pre-plaeemem investigations and post- placemem supervision, along with murine court apInmrances. AGENDA ITE~- No. ~C..~, k._.. NOV - 5 2002 09-70 to 04-71: Wayne State University, Detroit, MI First year ~.~tudics in casework. Transferred to University of Michigam 09-63 to 04-67: Oakland University, RJ~chester, MI O~aincd Bachelor of Arts degree with psychology major. CREDENTIALS Diplomate in Clinical Social Work; National Association of Social Workers Certified Social Worker, Michigan Registration ~801000237 Marriage and Family Therapist, Michigan License g4101000586 NOV - 5 20O2 Board of CounW Commissioners 3301 E'ast Tam~m~ T:ag Naples, FL ~1~2 {941) ~7 F~: (941) ~~ Board or Committee Applied for: C~:, Z e rx Ct~t o~ Category (if applicable): F.,xampie: CommbJon Dislrict, lk"v~pm', euvironmentBfist, lay person, etc. Home P~ne: ~5'~C'_ ~/~ · ----fl aaa~.,,:.b ?~--;-~'~'dVf~Z, Ca- Are you a registered voter in Collier County: Yes. ::~ No No Do you currently hold public office? Yes ~ Do yo~ lOW ~rv~, or Imw yom ~ver s~rved, on a Collier C~ty board or emmuitt~? Yas X No Please list your community activities (civic clubs, neighborhood associations, etc. and positions ~e ~ ~ ad~a~ info~s you fed p~ TAb ~pH~n ~o~ be fo~d ~ S~ ~o~ I No ~ ~ C~ C~ 3501 g~ ~,~~o,...~ ~/.~.~~~~. NOV - 5 2002 ~ : bio Iq::bcx.-L~ I:'R× NO. : 9a,159-'f-~:~a Oc*.. 17 ~ 10: i~:~ Board of County Commissioners 3301 E~t Tamiami Trail Naph~, FL 34112 (941) 774-S0~? Fax: (94,1} 774-3602 Fax No. Business Pbo~: Application for Advisory Committees/Boards AJ /~fP-*,,,~),~,~,"v Home Phone: ~_:3 e-mil adda-~n ~_~-t9 eLO fit No Board or Committee AKpljed ~r: Arc you s ~~ ~r ~ Co~r C~ Y~~ DO you e~en~ ~M pub~ office? Yes. No No ~ Please list your eommunity activities (civi~ chabs, neighborhood associatiom, etc. and pmitions AOENDA ITEM No, NOV - 5 200~ 1012312002 14:45 9412633813 ~ PA~E 02 Board of County Commissioners 3301 ~ast Tamlam~ Trail Napie~ 1~-34112 l~a2: (941) 77~' Application for Advisory Committees/Boards ....: .,% i& nT ,. t / Are you a rendered ~mr m Cnll~r Coumy: Yea ~ No Do you currently hold public ot~ce? Yes Please E~t yom' commun'.fl~ activities (civic clubs, _ne~ghboFlmod assoetatfo ll~ · o- , /a- o ~ , aa, etc. aad po~If~n~ id._ .o~ ~.~ ,_'~ ~ ., +. . C2,~,,,~, ~ ,,,, ._~,~ , ,.~ . (.ea,,,.d ,,, a.%~ '79'~.o..4 ,. ,,;" ,'~ .~ _'?~2r ~. ¢'7.~'3o,a ,,,, ~-~; C~,;,,'~ oeev.,,.,,,,,~et,,,,../','C~. .' . '~ .... AGENDA ITEM - No. O /' ' NOV - 5 2002 Pg.. ~ Board of County Commissioners 3301 East T~mi~mi Trail Naples, FL 34112 {941) 04-809? Fax: (941) 7?4-3602 Application for Advisory Committees/Boards Fax No.2~-t.q~-~c Business Phone: Board or Committ~ Applied for:_ e~T', ~ Categor~ (if applicable): EHe~ F. Xaml~: C~umlmi~ merrier, Developer, Are you a registered voter in ColUer County: Yes ~ No Do you currently hold public office? Yes No ff~ wimt i~ ~ &?. !~ y~m ~w ~rve., ~' lmw y~u ever served, on a Coilie~' CmInty baird or if yin, lde~e list ~e ~mmtttm~mm~s: so ~ Please list your community activities (civic dubs, neighborhood associations, etc. and positions A ITEM Capt. Tom Kuznar, CAP Squadron Commander Florida Wing 023 Group 5 8063 Palomino Dr. Phone: (941) 775-3795 Naples, I-'lodda 34113 Cell: (941 ) 272-4805 E-Mail: tornsemperfi~aol.com AGENDA_ITEM- NOV - 5 2002 Pg. ~ Board of County Commissioner~ 3301 East T~mi~mi Trail NaDles, ~ 34112 (941) 77,4-8097 Fax: (941) 77,4-3602 Application for Advisory Committees/Boards N~me: ~L~ Home Fax Home Phone: zip Code: '~/1 e-mail addrem: Board or Committee Applied ror: ~"7/._-/,Zer7 ~__~...-,;0.s ,~do',;.W~,,.-~ ~"O~m~'~,-""/~e Cat~gory (if applic~l~): '- F_j, mmjde: Comllmiom ~ Developer, esvirommmemtll~ hty pertain, err,. Are you a registered voter in Comer County: Yes ;/ Do you currently hold public office? Yes No If so, what is that off. e? No Do you now serve, or b~ve ~u ever served, oa a Collier County board or committ~? Yes No ~ ease list our co munit~ activities (civic clu~bs, nei~liborhood associations, etc] and. positions ......... ~ ~,. r,~,~-,~ ,, ~d.,~-: ~, W~w,~ L Vn,;u~..~ . W~ ~;'~(~ t attack ~ny .m~a,,md informfdmt yoa ffe. I p~ ~ appiicm~on skordd ~ forwar~ol to $~e Fflsoa, o.( Cdmmy Cdmmim~nm, $.~I ~ l' fmim~ 3~fd, ~ F'L 34t12. lf y~f ~bk, pfe~se f~.x yfmr ~ AG,,~,N D A~,TE M No. NOV - 5 2002 Board of County' Commissioners 3391 Ea,~ Tami:mfi Trail Naph~'~, FL 34112 (941 ) 774-8097 Fu.x: (941) 774.3602 Application for Ad 4soD' Committees/ llome Address: ./~0 ~ omc Fax No. Business Phone: e-mail ad Business: Board or Committee Applied for: Category' (if applicable): .6/~/7-~l/ L.'.~. L / /^: '7'~"' ~- /~. Exatuplc: Commission DistriCt, Dw'eloper, eaviruumcntalbl, lay' per~m, Are you a registered voter in Collier County: Yes No Do you currently' hold public office? Yes No If so, what ia that office?__ Do you now serve, or have you ever served, on a Collier County board or committee? If yes, plea~ llst the committees/boards: 1,?.~ ~.. PLease llst your community activities (civic clubs, neighborhood associatio~ held: : Please attach any additional information you feet pertinent. Thl~ application should be forwarded t Board of Cettaty ComnKtxu'oners, 3501 East Tmnlami yt~l, Neple~, FL 34112. If you wish, pletoe ~ e.r~t to ~ Tttantt j~ou for ~,olmtte~g to seres tk ; ~ of Collier Cota~ AGEND(,~ tTEM NOV - § 2002 r~ ),our ~pplica:ion to (~41)1~'t4~2 or No.AG~DA IT. kEM ' ,..,. C- I NOV- 5 2002i Raybum Cadwallader 1090 Egrets Walk Circle PeliGan Marsh Naples, Florida 34108 Telephone: 941-514-4082 Ernail: Raysteaml~aot.com Vocation Common Cause, Columbus, OH ~.x~-c_-Ld~ve Director. Ohio 1998 - 2001 Managed and developed statewide nonprofit corporation. Organized a multi-group coalition to undertake a forum on issues pertaining to an Ohio Supreme Court election wherein more than $12,000,000 of third party undisclosed hard money wes spent to defeat a candidate running for reelection. Drafted proposed changes to state laws.and lined up sponsom for said legislation. Monitored siale laws pertaining to govemmental ethics, filed complaints on behalf of discontented constituents, initiated legislation to open access to government records, investigated inappropriate governmental agency efforts to preclude access to information, and developed district chapters to monitor politics on the local level. Organized coalition of organizations including The League of Women's Voters, Siena Club, AARP, and the Ohio Newspaper Association to instigate changes in inadequate state laws and to lobby federal legislators for passage of the McCain Feingold Bill Managed statewide logistics and meO;~, coverage for major public relations effort associated with campaign finance reform includin§ "Granny D" walk across the country. Credo Incorporated, Cincinnati, OH president/Owner 1987 - 1998 Successfully developed regional lobbying organization across six-state region to support development of new federal highway. Efforts included presentations before congressional committees. Various segments of the corddor are currently under completion. Developed marketing and business plan for Commerce Bank of Amedca. Gained approval from Ohio Division of Banks for IPO for this new institution. Revitalized portion of Cincinnati, Ohio under contract with the City through development of Adam's Landing, a 100 unit riverside luxury condominium project. Toledo Lucas County Port Authority, Toledo, OH Direc~__r, Economic Development 1986 - 1987 Established area-wide public agency for economic development efforts across 5 counties in Northwest Ohio. NOV - I Metropolitan Research & Development, Cincinnati, OH President 1974 - 1986 Consulted government agencies on urban redevelopment. Developed large commercial projects including: Madisonville Central Business District and Eastwood, a 98 acre tract including Coca- Cola BollJing Works, US Shoe Warehouses and office complex, and two Hamilton county facilities for the mentally retarded (total new inve~b.ent about $120,000,000) D.H. Baldwin Company, Cincinnati, OH .Executive Vice President~ Baldwin MortRa¢i. e Company 1972 - 1974 Managed and liquidated surplus real estate that resulted from company mergem and acquisitions. Organized a subsidiary mortgage banld~g company. Hyde Park Savings & Loan, Cincinnati, OH President 1968 - 1972 Managed $40,000,000 financial institution and 30 person staff. Increased assets by $18,000,000 Ohio General Assembly State Representative 1964- 1968 Represented 66~ District. Initiated and pas~ed approximately 30 laws. Chairman, Insurance Subcommittee. Member of Judiciary, Commerce, and Reference Committees. Introduced various important legislation including establishment of statewide Scenic Rivers. Walldon Incorporated/First National Bank, Cincinnati, OH vice President 1964 - 1968 Called upon real estate developers for commercial mortgage loans, submitted loan packages to lenders and became a registered mai estate associate. Fifth Third Bank, Cincinnati, OH C~,ommerciel Loan (~Tx~r 1956 - 1962 Analyzed commercial credit and developed new business. EDUCATION BA, Business Administration, University of Cincinnati, Cincinnati, OH 1954 LLB, DJP Salmon P. Chase Law School, Cincinnati, OH 1959 Member, Ohio Bar since 1959; certified by Ohio Supreme court i AGF...NDA LTEM '- No' ~,C _ I AVOCATIONAL Ohio Presbyterian Retirement System, Board Member, 1997 - 1999 Habitat For Humanity of Cincinnati, Board Member, 1993 -1998 Village of Terrace Park, Mayor, 1976-1980. Hazetwood Improvement Corporation, Legal Counsel, 1972- 1984 Village of ~en-ace Park, Treasurer, 1972 - 1976 Cincinnati Chamber of Commerce, Chairman, Legislative Affairs, 1974 Southwestern Ohio Regional Transit Authority, Board Member, 1980 - 1986 Cincinnati Junior Chamber of Commerce, 1980-1962, President, 1982 I have been a guest lecturer at: ~_ Harvard Univemity (subject- ~-he Planning Process Working W'fftt Nonprofit Corporations) University Of Cincinnati School of Architecture (subject- How to tear down 1020 Units of d~lapidated FHA Housing) St. Ursal;~.College (subject- Roberts Rules of OnJer) Duhng my career, I have been a debater before large groups. I have been interviewed no less than 300 times by radio and television program hosts. I have been on no less than 200 court a~pointed arbitration panels. At one point in history, I successfully lobbied for pretrial intervention in Ohio. NOV - § 2002 00%23-2002 NED 02:47 PI~ NAPLES CH~'iB~ F~ NO. 239 262 8374 P. 03 Board of County Commissioners 3~01 ~I~,~ T~mlnmi Trmq N~/e~, FL ~ll2 (~) ~~ F~: (~1) 77~ Application for Advisory Committees/Boards Cat~o~ (~ ~li~b~): *" Ar~ you a rzgistered voter h Collier County: Yes ~ No Do you currently hold publiz otT~e? Yes If$o~ what ii ~ 1~ ~ m~w ~r~ or ~ ~oa ~,v~- ser~ om a Collar C~r~ board or ~mml~? lf)~, ideate lia~ ~¢ ~miR~r~ts: Please list your community activities (civic clubs, neighborhood associations, etc. and positions ~d: .~0 l...'q'~ i~i ''~x t~.C.~3~,--~c-.~ NOV - 5 2OO2 00T-23-2002 MD 02:49 PM NAPLES CHEER F~ NO. 239 262 8374 P, 05 ~ E. G~vr.s PAG~ ~o ~PLO~ [-IISTOP..Y (CoNT'fI~2ED) 1984-1985: Sen/or Cred/t~ CommerddD/v/t/on · Evakmr~'tl cre~r c~msion through sl:arcmemt spread, g, ratio comparison and other amly6~ mo~. 1977-1980: Personal Loan d.d,.ni#i~m~r · Conc=utm~d on dml~r £mmcing as well u other tending asl~CtS. 1976-1977: Management Trainee · l~:~v~d intemivc u~ining in consumer, commere;=l and mor~gc lemding; branch oF<radons, secuti~ and audk ftmction~, and staff ml~rvision. 1974-I 976: ginancial,/~ljustor · Collccmd on delinquent ac ,c0unr~, vehicle repossc~ion and payment adjusting. F_DUGATION AND TRAINING ,, Penn~lvania State Universit~ Univgrsiry Park, PA ,, Commonweal~ National Bank inmrrml courses; M.=nagement Training, [m~Itmenr L~nding, Credit and Firumcial Analysis and Commercial Lending · Ameri~n lnstimte of Banking: Penn.Ddvania School of Banking at Bucknell University Commer~al Lending Caalgare Darden Graduate School of Business Administration: Univcrsit7 of Virginia, Advanced Commercial Leading NoAGE~DA IT(~ NOV - 5 2002 .... _00T.__7.23-2002 NED 02:49 PI'I ~PLE$ CIiPJ"IBER F~ NO, 239 262 8374 P, 06 Charles 1~. Graves Bio Born in Reidsville, North Carolinn in 1951 to Ashby and Mary Graves, the middle child of five children, l~ised in Harrisburg, Penmylvania and was.educated at John Harri~ lqlt,_h School in Harrisburg and Pennsylvania State University, University Park, State College, Pmnsy~ Completed various Banking related courses ineluding American Institute o[ Banking courses, Pennsylvania School of Banking and Commercial Lending, Bucknell University and Colgate Darden Graduate School of Bush~ss Adnfinistration in Commercial Lending, University of Virginia. Banking caree~ spans twenty-eight years in a number of capacities and positions with the last be~ug a middle _m.~rket lender in ttarrL~burg for a large regional Bank. AGENDA I~_.~,M No. ~' NOV - 5 2002 00T-23-2002 ~ 02:47 PM N~PLES OHP, I'IBER NO,. 239 282 8374 P, 02 Naples/ a Chamber of £omm e October 23, 20O2 Kenneth F. Pineau, CEM, FPEM Emergency Management Director 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Pineau: Attached is the application for the Citizens Corps Advisory Committee candidate. We are pleased to nominate Mr. Chades Graves aa our Chamber Representative~ Please do not hesitate to centact me if~you should need anything from The Chamber. Sincerely, Michael V. Reagen President & CEO ~OM · ~20 Te~lJmlliT~ N~,lh . N~pt,~, Fm~rt. 34103.31:24 ' MIo~ (941) 2A2~376 · ~ (94t) 262"8374 ' ItlSlTIDII & IIIFOllllZ]']O# ~ ' 895, 5'lh A~mllJe ~ · N,IIl]as, ~ ~102..~d~'~ · Phoal (941) 26~ 14 t ' NOV - 5 2002 Board of County Commissioners 3301 E~ T~mi~mi Trm3 Naplez, ~ ~112 (~) F~ (941) 77~ Application for Ad~iso~ Committees/Boards Ho.-, ~,,,: 3f39- 0q'il3 Z~, Code: 3qi~S ~ you a re~ vo~r h Co~r COHO: Yfl ~ No Do you c~nt~ bom pubic office? Yes No Do you now serve., or Imvt ym~ ever served, mi a Co~ier County board or ~~? Yes ~'~ No Ifps, pl~ss~ li~ tat emnmitnts~rds: PleaSe list your communit~ activities (civic clubs, neighborhood associations, etc. and positions heM: Community Activi~ss Member County Commissioner Dona Fila City Advisory Commit~e Present Board Of Director Marco Island Kiwanis Present Sheriff Of Marco Island Kiwanla Present Member Marco Island Men's Club Vice Commander (Commander Elect 2003) United States Coast Guard Auxiliary Marco Island D95 Certifie~l Marine Safety & Environmental Officer Certified Vessel Inspector Certified Radio Watch Stander Certified Instructor Certified Crew Past Vice President MITA, Marco Island Tax Payers AssOciation Past Member Marco Island City Ad Hok Committee Spending Cap Education High School Graduate ,,;~ Attended Ventura County California Sheriff ACademy Federal Emergency Management Ins'dtute Oregon State University, Legal Aspects Of Traffic Safety Oregon State, EMT Training Ocala Florida State Fire College, Fire Suppression and Has Mat United States Coast Guard Academy, Leadership & Management United States Coast Guard Tampa, Marine Safety Response Training Retired Founder Walt Central Security Agency Inc. City Councilman Two Terms Chairman City Public Safety committee, Fire and Police Chairman City Public Works Committee Chief City Volunteer 'Fire Dept, Oregon and Florida Deparl~nents NOV - 5 2002 U.S. DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD AUXILIARY J'tm yon Rinteln Emergency M~nagmnent Department W. Harmon Turner Building 3301 Tamiami Trail East Naples, F! 34112 October 16m 2003 Enclosed please find my completed'application. I would be representing the three United States Coast Guard Auxiliary Flotillas that serve Collier County, which are Marco Island, Naples and Wiggins Pass. Ali three Flotillas Commanders have consented to my representation. As a side note the application on the County Web Page will not allow the application to be typed in for whatever reason at ,~he time of this writing, Vice Commander Flotilla D95 Commander Elect 2003 420 South Barfield Drive Marco Island, Fl 34145 NoAG~'~N DA I~__..~ NOV - 5 2002 ORDINANCE 02- AN ORDINANCE ESTABLISHING TIlE COLLIER COUNTY CITIZENS CORPS; PROVIDING FOR: TITLE AND CITATION; FINDINGS OF FACT; MEETINGS OF THE COMMITTEE; FUNCTIONS, POWERS, AND DUTIES OF THE COMMITTEE AND WORKING GROUPS; APPOINTMENT OF MEMBERS AND TERMS OF OFFICE; REMOVAL FROM OFFICE AND FAILURE TO ATTEND MEETINGS; OFFICERS, QUORUM AND COMPENSATION; EXPERT CONSULTANTS; REVIEW PROCESS; CONFLICT AND SEVERABILITY; INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Nation, State of Florida and Collier County are vulnerable to a variety of terrorism events including the potential for biological, nuclear, incendiary, chemical and explosive attacks that may result in damages causing substantial injury or harm to the population or substantial damage to or loss of property; and WHEREAS, the President of the United States, through the Office of Homeland Security, has asked our citizens to volunteer through local governments to assist in the fight against terrorism; and WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County Commissioners to adopt an ordinance creating advisory boards or committees; and WHEREAS, it is the intent of Collier County to establish this Citizens Corps as an advisory committee to coordinate activities within Collier County in order to protect our citizens, to the maximum extent possible, against the terrorism threat. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known and cited as the "Collier County Citizens Corps Ordinance." SECTION TWO: FINDINGS OF FACT. 1. The Board of County Commissioners ("Board") finds that the President of the United States, through the Office of Homeland Security, has asked our citizens to volunteer through local governments to assist in the fight against terrorism. 2. Chapter 125, Florida Statutes, authorizes the Board to adopt ordinances creating advisory committees. 3. The Board finds that the creation of a Citizens Corps ("Committee") is necessary to provide information to the citizens of Collier County and to act as a coordinating agency for the Words underlined are added; words sir'.-':!: tS:'cugh are deleted. enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. 4. The Board finds that the Committee will assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams (CERT), Volunteers In Police Service (VIPS) and other public safety and law enforcement programs. 5. The Board finds that the Committee is necessary to facilitate communication between Collier County and State and Federal agencies.on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. SECTION THREE: MEETINGS OF THE COMMITTEE. 1. The Committee shall meet on a continuous and regularly scheduled basis. 2. All Committee meetings shall be open to the public and shall be governed by the Florida. Government in the Sunshine Law. All Committee meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FOUR: FUNCTIONS, POWERS, AND DUTIES OF THE COMMITTEE AND WORKING GROUPS. 1. The Committee shall be responsible for advising the Board of County Commissioners on a wide range of domestic terrorism related issues. 2 The Committee shall act as a coordinating agency for the enhancement of activities that support emergency services, law enforcement and disaster prevention, preparedness and response. 3. The Committee shall assist in the recruitment of volunteers by publicizing and expanding existing community programs such as: Medical Reserve, Neighborhood Watch, Community Emergency Response Teams (CERT), Volunteers In Police Service (VIPS) and other public safety and law enforcement programs. 4. The Committee shall act to facilitate communication between Collier County and State and Federal agencies on mitigation activities as well as to enable Collier County to identify outside resources such as grants, training opportunities and equipment. 5. The following working groups may be formed to assist the Committee with the gathering of information: A. Emergency Services Working Group B. Volunteer Programs Working Group C. Law Enforcement Working Group 2 Words underlined are added; words ....... t, .~ ....... ~' are deleted. D. Public Information Working Group E. Finance/Grants Working Group SECTION FIVE: APPOINTMENT OF VOTING MEMBERS AND TERMS OF OFFICE, 1. Composition of the Committee. The Committee shall consist of a broad base of citizens and disciplines. The Committee shall consist of eleven (ll) voting members from the following community agencies and organizations: A. Collier County Sheriff's Office Ne~g~ber~ Watt?, B. Community Emergency Response T~am (CERT) C. Collier Emergency Response Volunteers (CERV) D. Collier County Fire Chiefs Association E. Civil Air Patrol (CAP) F. Coast Guard Auxiliary G. American Red Cross H. Salvation Army I. Retired Senior Volunteer Program (RSVP) J. Collier County Veterans Council K. Collier County Business/Industry 2. Appointment of the Committee shall be governed by Collier County Ordinance No. 2001- 55, as it may be amended, or if repealed, by its successor ordinance. 3. Each member shall be considered a liaison between his or her respective agency and the Committee. Those individuals shall be recommended by his or her respective agency to the Board for consideration for appointment to the Committee. Appointments to the Committee shall be approved by the Board of County Commissioners by resolution which shall set forth the date of appointment and term of office of each member. 4. Collier County employees serving as Committee members shall be exempt from the County Manager Administrative Procedure that prohibits employees from serving on advisory boards as it is recognized that it is necessary and appropriate that certain specified Collier County agencies participate as members of the Committee. 5. Term of Office. The initial terms of office for the Committee shall be as follows: A. Six members shall serve for three (3) years B. Five members shall serve for four (4) years Thereafter, each appointment shall be for a term of four (4) years. 3 Words underlined are added; words :truc!~ t~r~ug~ are deleted. SECTION SlX: REMOVAL FROM OFFICE; FAILURE TO ATTEND MEETINGS. Removal from office and attendance requirements shall be governed by Collier County Ordinance No. 2001~55, as it may be amended, or if repealed, by its successor ordinance. SECTION SEVEN: OFFICERS, QUORUM, AND COMPENSATION. 1. Each year the officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-chairman, and Secretary from among the Committee members. These officer's terms shall be for a period of one (1) year with eligibility for re-election. A. The presence of six (6) or more meml~ers shall constitute a quorum. The Committee may adopt rules of procedure for the transaction of business and shall keep a written record of meetings, findings and determinations. Copies of all committee meetings and exhibits shall be forwarded to the Board of County Commissioners. B. The members of the Committee shall serve without compensation, but may be reimbursed for per diem and travel expenses, only if approved by the Board in advance of any such travel. SECTION EIGHT: EXPERT CONSULTANTS. 1. Expert consultants from both the private and governmental emergency services community as listed below are strongly encouraged to attend each Committee meeting on behalf of his or her respective employer. A. City of Naples B. City of Marco Island C. Everglades City D. Collier County Emergency Medical Services E. Collier County Health Department F. District 20 Medical Examiner G. Collier County Sheriff'a Office Law Enforcement/Neighborhood Watch H. Collier County Emergency Management F. Naples Community Healthcare System G. Cleveland Clinic - Naples 2. Formal appointment of these expert consultants is not required, as each expert consultant is not a member of the Committee, and consequently, not permitted to vote. 4 Words underlined are added; words ....... t!:r.~ug~ are deleted. SECTION NINE: REVIEW PROCESS. The Committee shall be reviewed once every four (4) years commencing in 2006, in accordance with Collier County Ordinance No. 2001-55, as it may be amended, or if repealed, by its successor ordinance. SECTION TEN: CONFLICT AND SEVERABILITY. 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 this Ordinance is held invalid or unconstitutional by any court of cor~petent 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 ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Department of State that this Ordinance has been filed with the Department of State. SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and 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 to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 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 OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio 5 Words underlined are added; words stn~ck through are deleted. Assistant County Attorney 6 Words underlined are added; words ....... t~r.e',:g~ are deleted. EXECUTIVE SUMMARY DOA-2001-AR-1638, ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REPRESENTING HARDY DEVELOPMENT GROUP INC., REQUESTING AN AMENDMENT TO THE PELICAN STRAND DRI FOR THE PURPOSE OF REDUCING THE 1N-UMBER OF DWELLING UNITS FROM 1,200 TO 1,160 AND TO ALLOW FOR THE OPTION OF 120 DWELLING UNITS TO BE DEVELOPED WITHIN THE COMMERCIAL PORTION OF TIlE DRI IN LIEU OF 140 HOTEL/MOTEL UNITS FOR PROPERTY LOCATED AT THE INTERSECTIQN OF IMMOKALEE ROAD AND 1-75, PELICAN STRAND SUBDMSION, IN SECTIQNS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO PUDA-2001-AR-1639) OBJECTIVE: That the community's interest is maintained through the consideration of an amendment to the Pelican Strand DRI. CONSIDERATIONS: The petitioner wishes to amend the Pelican Strand Development of Regional Impact to include residential uses within the Interstate Activity Center portion of the PUD and to reduce the maximum number of dwelling units from 1,200 to 1,160. In addition, changes in the amount of office and retail uses are requested. The petitioner proposes an amendment to the Development Order, which would permit up to 120 residential dwelling units within the Activity Center District. If the option to build the residential units were exercised, the 140-unit hotel/motel would not be permitted. The petitioner also proposes to reduce the maximum number of dwelling units from the currently approved 1,200 dwelling units to 1,160 dWelling units. The petitioner also proposes a reduction of the retail area from 16 to 12 acres (a reduction of 4 acres) and an increase in the office area from 8 to 12 acres (an increase of 4 acres). The petitioner also proposes a reduction in the gross square footage of retail from 120,000 to 90,000. The Traffic Impact Statement supports the petitioner's contention that the proposed changes will reduce the number of trips generated. NOV 0 5 2002 FISCAL IMPACT: Because it is a change to an existing, partially developed DRI this rezone by and of itself will have little or no fiscal impact on the County. 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. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. 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 valorum tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict, and Urban Commercial District, Intcrci~ange Activity Center Subdistrict) on the Future Land Use Map of the Growth Management Plan, a~d a portion of the site is within a Residential Density Band. Relevant to this petition: Urban Residential permits a variety of residential unit types at a base density of 4 Dwelling Units/Acre, subject to ~1,,~ Crovisions of the Density Rating System; and, recreation/opm3 space uses. Interchange Activity Cent::- ~crmits a full array of commercial, institutional & recreational, and residential uses at up to 16 Dwc!i~ (rots/Acre. Pelican Strand is an existing PUD and DRI approved for 30 acres of commercial in Activity Center #4: 1,200 Dwelling Units, at a density of 2.087 Dwelling Units/Acre; and, golf course & preserve - this PUD is consistent with the locational and density criteria contained in the FLUE. This amendment will decrease residential density, and allow ibr a re-allocation of 120 Dwelling Units. The proposed amendment may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it was reviewed previously. Therefore, the Environmental Advisory Council did not hear this petition. NOV 0 5 2002 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 17, 2002. By a vote of 6 to 2, the CCPC recommended that the Board of County Commissioners approve DOA-2001-AR-1638. Commissioners Fry and Adelstein voted in the minority because the type of residential units was not specified. PLANNING SERVICES STAFF RECOMMENDATION: The proposed amendment to the Pelic~a Strand DRI reduces the gross density of the project and allows the potential for residential dwelling[ units to replace the hotel/motel use, thus reducing traffic generation. Therefore, Planning Services staff recommended that the Collier County Planning Commission forwards.Petition DOA-2001-AR-1638 to the Board of County Commissioners with a recommendation of alh, proval. NOV 0 5 2002 PREPARED BY: F ~I~EISCHL, AIde PRINCIPAL PLANNER 1~.15".o~ DATE REVIEWED BY: (o ./6-'. o7~ DATE DATE APPROVED BY: D,~TE ' iO~fEPH K. ScI4MITT [/~M~Ty DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DOA-2001 -AR-1938 4 NOV 0 5 2002 AGENDA ITEM 8-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 16, 2002 DOA-2001-AR-1638, PELICAN STRAND DRI AGENT/APPLICANT: Agent: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 The Strand LTD A Florida Limited Partnership by The Strand Development Corp. of Naples, A Florida Corp., its General Partner 5692 Strand Court No. 1 Naples, FL 34110 GEOGRAPHIC LOCATION: The property is located in the northwest quadrant of Immokalee Road and Interstate-75. REQUESTED ACTION: The petitioner wishes to amend the Pelican Strand DRI to include residential uses within the Interstate Activity Center portiOn of the DRI and to reduce the maximum number of dwelling units fi.om 1 ~200 to 1,160. NOV 0 5 2002 ! PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to ~mend the Pelican Strand Development of Regional Impact (DRI) Development Order in order to permit up to 120 residential dwelling units within the Activity Center District. If the option to build the residential units were exercised, the 140-unit hotel/motel would not be permitted. The petitioner also proposes to reduce the maximum number of dwelling units from the currently approved 1,200 dwelling units to 1,160 dwelling units. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The SWFRPC heard the Notice of a Proposed Change to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Notice of proposed Change (NOPC) and the staff assessment for the Pelican Strand NOPC was adopted by the SV~rFRPC without changes on January 2, 2002. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts on regional resources or facilities not previously reviewed by the regional planning council and the Council participation at the local government public hearing is not necessary. 2. Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Su'and Development of Regional Impact (DRI). The applicant is proposing to reduce the maximum number of dwelling units from 1,200 to 1,160 and to add :residential dwelling units as a use in the Activity Center District. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously determined through the DRI process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(0 4., F.S., the Department has not objected to this NOPC. NOV 0 5 2002 STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submitted as part of the NOPC. It is that information which upon review by SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. The proposed revision to the Pelican Strand PUD document and Master Plan do not adversely impact any adopted level of service standard. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Pelican Strand PUD or effect residential properties within or adjacent to the PUD. STAFF RECOMMENDATION: Planning Services Department Staff recommends that the Collier County Planning Commission recommend approval of Petition DOA-2001-AR-1638 as described by the amending DRI Development Order resolution included in this Staff Report. NOV 0 5 2002 PREPARED BY: ~mcm~, A~C~ PRINCIPAL PLANNER REVIEWED BY: ,~-SA~ m,va~Y, A~CP CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR ?./&.o~- DATE DATE APPROVED BY: COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN STAFF REPORT/AR-! 638 NOV 0 5 2002 SOUTHWEST FLOP. IDA P~GIONAL PLANNING COUNCIL KECI~IPT AND P. EV~ FEE AOKEEMENT FOR REVIEW OF DEFF-LOPM. FaNTS OF KEGIONAL IMPACT APPLICANT (Name, Add.ss ~nd Telephone) REGIONAL PLANNING COUNCIL USB ON~ f 5692 Stramt Ct., Su~.e 1 ~aples, FL 34110 (94~) 592-7344 Authoriz~ A~nt 0qamo, Add.,=ss Telephon~) R~bert L. ~,~ne, A.I.C.P. PKOIECT IDENTIFICATION NAME: NUMBER: COORDINATOR: DATE RECEIVED: 950 Encore ~ay _Naples. YL 34110 (941) 2$4-2000 Loc~fion of Pr~ect Section 18 & 19 Tow~p 48 South Range 26 East Copula,., C°i1/er GENERAL LOCATION Tmmokalae I?..__ad and ~u~erstate 75 Name of Projc~t The Strand Th= Southwest Florida l~gional Planning Council (SWFRPC) and __~_rd¥ Development Group, (Dovclopcr) on th/s day of_ _, 20 _, agree as follows: I. The developer is subrnirting an applicatio~ for development approval of a DRI, Preliminm-y Development Agreement, Substantial Deviation, Development Designation for Florida Quality Development (FQD), Application for Abandonment ofa DRI, or a Notice of Proposed Change to a prcviot~ly approved DRI (Circle appropnate type of submittal). 2. This application is submitted with a non-refun4~_blc/refundable (circle appropria~Iy) deposit of $ 2,500.00 additional deposit of $ , except that a Prelin~.ary Devcloprr~nt ~¢nt's fee shall bc filed in accord with Rule 93'-2,0252. 3. It is understood thc Developer is liable for 100 percent of thc dircct and indirect costs for the SWFRPC to review these applications or notice of proposed change. AGENDA ITEM DOA-2001-AR-16: PROJECT #1999001 DATE: 10/22/01 FRED REISCHL 9 NOV052002 4. It is under,'rood th= Developer must aotify ~ DepartmenI of Communily Affairs (DCA) and the SWFRPC in writing if rely specific =xpcns~ which ~o~& $75,000,00 and which are disputed and siale why liley arc not reasonabM aud necessary within 1S days of its receipt of thc notice to pay or any such dispu~ is waived. Wili~n 15 days of any notic~ of dispute, ~e 5WFRPC shall iz~on-n DCA how and why thc disputed expenses are reasonable and necessat% The DCA shall deter~gnc thc expe~es that are reasonable and necessary within 30 days. 5. The SWFP..PC shnll within 60 days, refund d~posited funds which exceed its diz~.c-t ,.nd indirect costs or tha~ ~main at the timc thc Developer withdraws the application or notice of proposed change. 6. Any direct or indirect costs of the SWFRPC in excess of thc Dcvelop~'s deposits shall bc billc~d to the Developer which shall be paid with 30 days. 7. ~ SWFRPC shall main~n records of all cltrea and iadir,ct costs associated with coordinalion of Be preapplication conference, and Preliminary Development mcthodolog,/ meetings and other activities through th. r~view of the application for dcvclopm&n~ approval (ADA) ar aba~onmcnt, ar notice ofprcposccl change to a previously apl:,rovcd DR.I and ofth~ ~nal or smended development order, its pr~entation to ti~ Council a~d ~or-rnents issued the local government preparation for and attendance of'hearings that are reason~bl~ a~d necessary in re, peet to th~ r~gional mvi~w oft~e imp~ts oft. he development, Thc Dm, eloper _.hn]l prnvide additional deposits from time to lime as required within 1 $ days after the receipt of notice from th~ SWFR.PC tha it esr. images costs ~!ll-~cceed the fund~ on deposit. or Authonz:d A 4 Date ^pprov Dst~ ]g.g~.ivcd and Signed Southwest Florida Regisnal l'imixiug co cil NOV 0 5 2002 HOLE MONTES ENGINEF_RS · PtANNF~ · SURVEYORS 950 Encore Way. R0. Box t 11629- Naples, Florida 34108 · Phone: 941.254.2000 - Fax: 941.254.2098 October 16, 2001 Mr. Daniel Trescott Principal Planner/DRI Coordinator Southwest Florida Regional Planni .ng Council 4980 Bayline Drive, 4th Floor \ North Ft. Myers, Florida 33917 \ DOA-2001-AR-1638 PROJECT #19990089 DATE: 10/22/01 FRED REISCHL RE: NOTICE ~F CHANGE FOR PELICAN STRAND HMA File~No. 2001.117 Dear Mr. Trescott: Please find enclosed a proposed Notice of Change for the Pelican Strand DR/, which is located in Collier County, Florida in Sections 18 and 19, Township 48 South, Range 26 East, along with a check in the mount of $2,500.00 to process the petition. Pelican Strand comprises ±575 acres and is currently permitted 1,200 dwelling units and thirty acres of commercial use area amongst other uses. (See attached Development Order Exhibit #4.) The proposed change consists of the following: 1. Decrease the number of dwelling units from 1,200 to 1,160. Allow for the inclusion of 120 dwelling units to be developed within the commercial portion of the DRI in lieu of 140 hotel/motel rooms at the option of the developer. This change, should it occur, will increase the total residential area from 167.8 acres to 173.4 acres, and reduce the commercial area from 30 to 24.4 acres. (See Exhibit #5 proposed change to findings of fact/Section One of the proposed Development Order.) In summary, the incorporation of the potential for multi-family uses as part of the commercial activity center will result in a more viable mix of uses should market conditions warrant. Incorporating residential uses in the commercial area will further the goal of the Collier County Future Land Use Element which encourages residential uses in Commercial Activity Centers in recognition of their ability to capture trips internal to the project and reduce impacts on roadways. Reducing the number of dwelling units from 1,200 to 1,160 units will reduce the gross project density from 2.2 to 2.02 dwelling units per acre. Project trip generation will also be reduced. Exhibit 6 depicts trip reduction with both the reduced number of units and with the deletion of Naples, Foal Myers Venice - Englewood NOV 0 § 2002 Mr. Daniel Trescott Notice of Change for Pehcan Strand HM File No. 2001.117 October 16, 2001 Page 2 140 hotel/motel rooms should multi-family units be developed within the activity center. (See attached Trip Generation Table, Exhibit 6.) In summary, the proposed project parameters will not trigger a Substantial Deviation review based on the trip generation analysis and other documentation provided as part of this DR/ Notice of Change. Thank you for your consideration ~, this matter and if I can provide you any further information, please don't hesitate to contact me. Very truly yours, HOLE MONTES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/dj Enclosures cc: Bernard Piawah NOV 0 5 2002 FORM RPM-BSP-PROCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (])RI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. I, Robert L. Duane, the undersigned owners/authorized representative of Pelican Strand LTD., a Florida Limited Partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the follow/ng information concerning the Pelican Strand Development o.f Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Lo_cal Planning, Department of Commun.iry Affairs. Date Signature Signature \LAIr2\WP~2001 ~.001117XRLDkNOTICE OF CHANGEXFORM RPM-BSP.doc NOV 0 5 2002 2. Applicant (name, address, phone). RESPONSE: Mr. Paul Hardy The Strand 5692 Strand Court Suite 1 Naples, FL 34110 Tel. (941) 592-7344 Authorized Agent (name, ~ddress, phone) RESPONSE: Robert L. ]~um~e, AICP Hole, Monies, Inc. 950 Encore Way Naples, Florida 34110 Tel. (941) 254-2000 Location (City, County, Township/Range/Section) of approved DRI aud proposed change. RESPONSE: Pelican Strand is located in Sections 18 and 19, Township 48 South, Range 26 East. (See location map Exhibit #1 .) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. RESPONSE: The total number of dwelling units is proposed to be reduced from 1,200 to 1,160. Furthermore, at the option of the developer up to 120 dwelling units may be developed within the 30 acre commercial area on Tract C-1 in lieu of:140 hotel/motel rooms NOV O 5 2002 depending upon market conditions. Should residential units be developed in the commercial area the total residential acreage will be increased from 170.00 acres to 175.6 acres and commercial acreage reduced from 30 to 24.4 acres. As a result of the proposed changes trip generation will be reduced. See attached trip generation table. (Exhibit #6) (See Existing PUD Master Plan Exhibit #1 and proposed PUD Master Plan, Exhibit #2.) No other changes are contemplated to be made to the project phasing, commencement date, or build-out date. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types listing in the Substantial Deviation Chart with this Notice of Change: Residential Hotel/Motel On the following page is a completed Substantial Deviation Chart. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that has been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chhrt). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? RESPONSE: The Regency Village of Naples DR/was approved by Collier County on November 20, 1990 for a total of 680 residential units; 557,568 square feet of commercial; a 260 room hotel and 139,392 square feet office on 199.3 acres. in tiffs Notice of Change. 1996. In 1996, DOA 96-2 was adopted for Pelican Strand which incorporated the lands previously contained in Regency Village which comprised 199.3 acres and an additional 375.3 acres was added to increase total project area to 574.6 acres. Thirty acres of commercial and 680 dwelling units were still permitted in the project as a carry over from Regency Village, and no additional uses were added with the exception of adding area for golf course use. The build-out period was also extended by one day less than five years The Development Order changes were adopted on October 22, W:x2001 \2001117\RLD\NOTICE OF CHANGE\RESPONSES.doc NOV 0 5 2002 10. On July 27, 1997, Development Order 97-3 was adopted by the Collier County Board of Commissioners and reduced the number of motel rooms from 260 to 140 rooms. The office use was increased from 40,000 S.F. to 80,000 S.F. The number of residential units was increased from 680 dwelling units to 1,200 and the residential acreage was incre, ased from 67 to 170.00 acres. An 18-hole golf course and buffers were increased from 172.5 acres to 187.3 acres. Conservation areas were increased from 27.1 to 85.3 acres. Lakes were changed from 74.5 acres to 75.5 acres and roads were increased fi.om 22 to 26.5 acres. Describe ,,ny lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. RESPONSE: No additional lands have been purchased or optioned by the applicant within one quarter of a mile of the original DRI site subsequent to the original approval and issuance of the DRI site subsequent to the original approval and issuance of the DRI Development Order. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes. Do you believe this Notification of Change proposes a change which meets the criteria of subparagraph 380.06(19)(3)2, Florida Statutes? Yes No X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. W:k2001k2001117kRLDkNOTICE OF CHANGEXKESPONSES.doc NOV 0-5 ?002 11. Will the proposed change require an amendment to the local government comprehensive plan? RESPONSE: 12. 13. The proposed change will not require an amendment to the local comprehensive plan. Provide the following for incorporation into' such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the propos6d changes to the previously approved DRI or development order conditions. RESPONSE.. The existing PUD Master Plan is attached as Exhibit 2 and the proposed PUD Master Plan, is attached as Exhibit 3 depicting the proposed changes. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for-Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; RESPONSE: The amended development order language for section one, paragraph 4 of the Findings of Fact Section is attached as Exhibit 5, and provides for revised project parameters. No other changes to the development order are proposed. See attached Proposed PUD Master Plan, (Exhibit 3) and attached existing Development Order Exhibit 4. W:~001~001 I 17~R.LD\NOTICE OF CHANGE\RESPONSES.doc NOV 0 5 2002 Dt to An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; RESPONSE: The legal description for the project will not change. See Exhibit 7, Legal Description. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; RESPONSE: No change. A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down- zoning; unit density reduction, or intensity reduction, if applicable; RESPONSE: No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. RESPONSE: No change. W:X2001 x,2001117kRLDXNOTICE OF CHANGE'XR-ESPONSES.doc NOV 0,5 2002 LEGAL DESCRIPTION (PREPARED BY SURVEYOR) A PORTION OF SECTIONS 18 AND 19 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A TRACT OF LAND S1TUATED IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH. RANGE 26 EAST , COLLIER COUNTY FLORIDA, SAID TRACT LYING WEST OF INTERSTATE 75 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 48 SOUTH RANGE 26 EAST AND BEING ON THE NORTH RIGHT OF WAY LINE OF COUNTY ROUTE B45 (100' ~DE), THENCE ALONG R/W, SOUTH BgD 20'28' EAST, A DISTANCE OF 1890.22 FT TO A POINT, THENCE NORTH OOD 21'54' A DISTANCE OF 100.00 FT TO A POINT ON THE NORTH EDGE OF A CANAL EASEMENT AND THE TRUE POINT OF BEG'INNING. THENCE AND OR SOUTH THENCE: THENCE: THENCE: WITH THE NORTH AND WEST LINES OF CANAL EASEMENTS (DEED BOOK 44 PAGE 78 BOOK 355 PAGE 414 . COL/JER COUNTY) : THE FOLLOWING SIX (6) COURSES AND DISTANCES; BgD 20'08" EAST A DISTANCE OF 750.00 FT TO A POINT ON THE 1/4 SECTION LINE. SOUTH 8gD Z1'04." EAST A DISTANCE OF 257.46 FT TO A POINT. NORTH 47D 51'05" EAST A DISTANCE OF 268.82 FT TO A POINT NORTH 14D 05'43" EAST A DISTANCE OF .502.45 FT TO A POINT THENCE; NORTH OOD .36'29' POINT ON THE NORTH UNE THENCE: NORTH OOD 56'21' THENCE; NORTH OOD 36°21" LINE OF SECTION 18. ~HENCE; NORTH OOD 56'21' NORTH MNE OF SECTION 18. TH~J~/CE~ NORTH 880 ,~1'41" THENCE; NORTH 09D 23'06" EAST A DISTANCE OF 4.~9.38 FT To A POINT, --THENCE; NORTH 04D -~$'19" EAST A DISTANCE OF 671.36 FT TO A POINT. THENCE; SOUTH SgD 26'00" EAST A DISTANCE OF 109.07 FT TO A POINT ON THE WEST RIGHT OF WAY LINE OF' INTERSTATE 75 (OR BOOK 365 PAGE EAST A DISTANCE OF' 544-5.60 FT ALONG SAID RIGHT OF WAY TO OF SECTION 19 EAST A DISTANCE OF 1~75. B6 FT TO A POINT EAST A DISTANCE OF 1190.5S I~T TO A POINT ON THE EAST WEST EAST A DISTANCE OF 2656.77 FT TO A POINT DN THE WEST A DISTANCE OF 856.57 FT ALONG SAID NORTH SECTION MNE. TO A POINT MARKING THE NORTH 1/¢ CORNER OF SECTION 18. THENCE CONTINUE; NORTH BaD 51'41' WEST A DISTANCE OF 2627.4.5 FT ALONG SAID SEC~ON LINE TO A POINT MARKING THE NORTHWEST CORNER OF SECTION 18. THENCE; SOUTH OOD 34'D0' VVEST A DISTANCE OF 2686.42 FT ALONG THE WE:ST IJNE OF SECTION 18 TD A POINT MARKING THE WE:ST 1~ CORNER OF SECTION 18, THENCE: CONTINUE; SOUTH OOD .T~°O0 WEST, ALONG SAID SECTION UNE A DISTANCE DF 2685.26 F-F TO A POINT MARKING THE SOUTHWEST CORNER OF SECTION 18 THENCE: SOUTH BgD 09'52" EAST, ALONG THE SOUTH LINE OF SEC~ON 18 A DISTANCE OF 1985.97 FT TD A POINT THENCE: SOUTH 89D 09'S2~ EAST A DISTANCE OF 648.71 FT TO A POINT ON THE NORTH SOUTH 1/4 SECTION IJNE OF SEC~ON THENCE; SOUTH ODD 21'54" WE:ST ALONG SAID 1/4 SECT}ON LINE A DISTANCE OF 1715.95 FT TO A POINT. THENCE:; NORTH 89D 20'0¢' WEST A DISTANCE OF 750.00 FT TO A POINT, THENCE; SOUTH OOD 21'54' WE:ST A DISTANCE OF 3505.96 FT TO THE POINT OF I~EGINNING. AND CONTAINING 574.569 ACRES MORE OR LESS. NOV 0 5 2002 0 'OW 339V:NO~F~I Z Z LL! AC~/OA IT~J~ NOV 0 5 2002 ]./07/02 MON 08:32 F.~k 94]. 955 1259 1 : L-'ONSLL~ IN ~ ~otlthwes~ J:lorida ,t980 l~htylJ.u~ l'~rivt. 4t Rcgi(mnl Pie. fining Council po~-It' [:ax Note 7671 MEMORANDUM :' ' .,.f..' ,., ...... . ....... FROM: Applic, ant~ and Int~.reste¢l Individuals ·Nichole L Gwlnnett, IC&I~ Coordineto~,.~'~,) DATE: SUBJECT: January 2, 2002 Less Than Regionally Significant and Consistent Projects The attached list Indicates the projects that Council staff has determined to fall uncler the designation of 'Less Than R~,~ionally .Significant and Consistent," which the deflnit~n indicates ,'a~e following: -L_~_~-~_ Th~ ,l~iorml~ ~ianlflcaLnt an_d Gonslstent - no further review of this project can be exi3ected from the Council. -,-,~ated. This tS to just serve ~'~ pmle~ a~ ~t no ~r~er Please feet'free to contact me at 94116567720 or e-mail n_owinnettC~_ ~wfrl3c.orq_ if you . . have any questions regarding y~ur particular project. /nlg attachment NOV 8 5 2002 EROFRPC Agenda, Item #3.(n)2. THE STRAND DR1012-8889.87, 3-9697-13g NOTICE OF PROPOSED CHANGE COLLIER COUNTY The Strand navel ment o1' Re ~o~i Im a~t D _ op g , P (RI) is located at the northw~t quaJL~'ant of the County Road 846/lmmokalee Rmu:l/~75 interchange in the blorth Naples area of Collier County. This is shown in Attachment I, C~mj~t Location Map}. The Strand DRI has previously been known under two other nates. From 19~0 through 1995, the southern portion of the current DRI property was known as tim "l~egency Village of Naples" Development of Regional Xrnp~:t, ~ 1996. the DR! was acquircd by the current owner and expanded through the DR/Substantial Deviation process. The revi~ed DR! bc~ame known a~ "Pelican Strand". Currently, the DRX is being market:d as "The Strand". Previous The original Development Order for "The Regency Village of Naples" DR! (Development Order ~Yg0-1/Resolution #90-87) was approved by the C:olli~r County Board of County Commissioners on February 13, 1990. The original P.O. approved the d~veloprnan~ of a 260-room motel, 40,1300 square feet of office space, [20,000 square f~t of ~tail space and 680 r-sidentiAI units. The project ~]so inciuded a golf course, cons=rvation arena.s, a water management system and internal roadways, The entire development comprised approximately 200 ach:s, On April 6. 1990, the Florida Department of Community Affairs (DCA) appealed the Collier County Development Order for The Regency Village of Naples ov¢t concerns n~garding £hc DRI's traffic mitigation requirements. The Southwest Florida Regional Planning Council (SWX~RPC) intervened in the appeaJ proc~dings. The First Amendment to the Development Order for The Regency Village of Naples (Development Order ~C)-?/Resolution ~0-505) was approved by the Collier County Board of County Commissioners on O~tober 23, 1990. The amendment Jncorpora~:ed the terms of thc 3=tdemcnt AgTw..ement between DCA and Collier County. Thc amendment did not ~xlter the approved development parame[er$ for the DRI. The Second Amendment to the Development Order for The Regency Village of Naples (Development~ Order ~u~5-4/R=solution ~95-457) was approved by the Collier County Board of County CommissJone~ on August g, 1995. The amendmen~ extended commencement, ph~ing, buildour and te~ina~ion dates of the D.O, by five y~ars less day. As a msul~ physical ~velopment w~ requi~d to commence by October 22, 2000, and the eff~tiw t~rmJnafion ~,= for the development omar became October 22, 2~2. No changes we~ made to the D.O. NOV 0 5 2002 P. 03 12:22 EadFRf~ On October 22, 1996. thc Collier County Board of Count), Commissioners approved Ordinance t~g6-&$, This Ordinance was the Development Order for the "Pelican Str-~d" DR[. The P~lican Strand Development was a substantial deviation to the original Reg,,ncy Village DP, I. The sub, ranCid! deviation application mcluesteci approval of an expansion of the original DR! by mom dian 375 acres. While the primary cievelopment parameters did nec chang:, acreage available leer a[l uses increased. Additionally, I g i acres were reserved for "Future Development/epoch Sp~:c". On .l'uly 22, 1997, the Collier County BOard of County Commissioners approved Dev~lopme. nt Order ~)7-3/Resolution ~7,.295, the First Development Orci~r Amendment foe r. he Pelican Strand DEl. The amendment made the following changes: a. The number of approved motel rooms was reduced from 260 to 140. The amount of ap'proved oFt'icc spac~ w~s increased from 40,000 square feet to 80,000 square feet. e. The number of approved resideni:ial units was incrc~ed from 680 to 1,200. Acreage allotted ta the golf course, conservation areas, water m~-nagem=nt and internal ro~dways ~vr, s increased. Development Order Conditions related to Solid Waste/Hazardou.~ Wastc/]Vledic:~t Wa,~e, Transportation, and ¥¢geta£ian And Wildlife/Wetlands wet'e amended. Attachmen~ II .~hows ~he currently ~pproved M~st*r D~velopment Plan for [he Pelican SI:rand/Thc Strand Proposed C~,anggs: Th~ ~urten~ Notice of Proposed Chang~ (NOPC) for The Strand Development of Regional Impact (DP, j'J was submitted on October 1 ~.I, 20,0 :. The applicant, Mr. Paul Hardy, is the Developer of The S~rnnd. The applicant is proposirtg to change Imm ff.4 of Section One ("Findings of Face') of I;he e~isting Pelican Strand Developm~.~nt O~:ier. The amended language would mad as follows: "The applicant proposes tl'~e development of Pelican Strand Planned Unit Development for 574.6 acme, which include,s; 30 ~cr=s of commercial uses ~hich maY..ai~o include 120 msldenti~ ~nim on 5.6 ac~es in lieu of' a ~ I40 room motcl at ~optio~ 9f the ~C~=~ooer on Tract C-1, 8~,O0O .square f~t of o~ce commercial, and 120,~ square feet of mmil ceremonial; ~ J~ 160 residential dwelling units on 167.8 ~c~s or 0p_193.4 acm~ ;[~20 dwcllin~ units a.m dCvelo~d in the commemi~l area in lieu of i~ mote] rooms; an IS-hole golf course ~d bufl:e~ on 203.3 ~cres: g2.g ~ms of conservation ar~; 73.7 acres of lakes for w~r m~agem:nt~ and 2~.3 ~c~ oF roads. (S~c ~tt~ch~d P~_:Master Plan.)" 0 5 2002 JP~-WT-L:~2 12: 22 SbJFRPC P. 04 According to the applicant's agent, the proposed chnnges would accomplish the following: The number of residential units would be decreased from 1,200 to I, ! 60. This would redu~ the gross residential den=ity of The Strand from 2.2 units per acre to 2.02 units per acre, The appliaant would be allowed, depending on market demand, to construct 120 residential units within the designated commercial area, in lieu of the 140 motel rooms, This change, if it ¢~=utred, would increase residential acreage and reduce eommewial acreage. The proposed changes could result in either one of two scenarios concerning the project's approved land uses, These scenarios, as well as the currently approved land uses, are shown in the table below. Seenarios Multi- Single Retail Office Motel Family Family Current 815 385 120,000 80,000 140 1 775 385 120,000 80,000 140 2 775 385 120,000 80,OUU 0 Thus, either scenario would result in a decreased number of residential units. Scenario 2 would involve deletion of the proposed motel rooms. Naif. her scenario would affect the approved amounts of retail and office space. A£tachmcnt m shows the proposed Master Development Plan t'or Thc Strand Development of Regional Impact. The only difference between Attachments II and Iii is thc hatched area aT the southern end of the map on Attachment KI. Re~,ianal Stqff Analysis. Th= proposed changes to The Strand DILl fall under Secdon 380.06(19)(e)3,, ~, which reads, in part, as follows: "...any addle/on of land not previously reviewed or any chang= not specified in paragraph (b) or paragraph (c) shall be pn:sumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence". The referenced proposed chang~.~ would b= considered as an example of a "change not specified" under the rr~uirements of this section. Therefore, the applicant is required to rebut the presumption. Character. Ma~.n,i,tude, Location: The proposed changes could slightly alter the character of thc DRL det)=ndin~, ur~or. --'~'~"-~- "-- motel rooms arcuklmatei bufltor not Thc o o · c w e e G A Y . pr psd bang, s ouldd¢creas th ma~nitud~.;~~-~ I NOV052002 ~1q-4~?-2002 12:~ ~I~II=RPC P.05 DP, I, due to loss of some residential units. The m~nitucb'-, decrease could heroine significant if the motel looms are not built. The location of the project will not change. _Re~:iona~l Goals, Resources an.dFacilitiesl The only Regional Goal area affected by the proposed changes is transportation. Transportation: The appl|=am's tnmsportation ¢:o~sultant hint submitted a transportation analysis report in conjunction with submittal of the NoPe. The purpose of the analysis is to ,,;how that the proposed changes will ~use a reduction in traffic impacts a.,~ compal~i to the currently approved development. The incorporntion o~'multi-family uses in£o the commercial activity center h~ the potential to in a more viable mix of land uses titan :hat currently approved. The proposed mix of residential and commercial land us=s will not significantly affect :he project's internal trip capture rat~. However, mixing of residential and comme~x:iai uses is consistent with a goal in the Collier County Futur~ Land Use Element that encoura§¢s the placing of residential uses wkhin commercial activity ccnt,~rs. Scenario l: Scenario I calls for the reduction of multi-family units by 40 units (from 815 ~o 775), As shown in the transportaIion analysis submit'ted by thc applicant's consultant, Scenario I reduces the DRI's overall P.M. Peak Hour trip generation by approximately I%. Therefore, Scenario t would not create any significant adverse impacts to the Collier County roadway network. Scenario Scenario 2 includes the reduction in multi-family units a.i well a.s deletion of the motel rooms. As shown in the transportation analysis report, Scenario 2 reduces the over,all P.M. Peak Hour trip generation by appronimately 8%. Therefore, no signific~t adverse traffic impacts to the external roadway ne:work c~ be expected from ~is Scenario. Regional staff' finds that the proposed land use changes, regardless of the .~cenario actually chosen by the applicant, do not create a likelihood of additional r~gional transportation impacts. The r~visr, xi development parameters, oiler apl:jrt regardless o[ the scenario actually followed, appear to result in only negligible changes to net new external trips from fl'~e DRI. Therefore, from the stanctpoint of traffic impacts, the proposed changes would not result in a substantial deviation. Multijurisdicl;ionai Issues: There appear to be no multijurisdictional issues resultihg from the proposod changes. NOV 0 5 2002 Need For R,ea.~essment Of Regional staff believes that the proposed change~ would not necessita~ the reassessment of The Strand Development of Regional Impact. Acceptance Of Propose-,J D.O. La~nguaeel In addition to the languag~ review,;d by staff as part of this NOPC, the applicant has also submltred revised PUD la,'~guage to Collier County staff. Pmvicted that County s~ff finds the revised PUD language acc'-'ptable, Regional st,~ff recommends acceptallc~ of the proposed development order language. RECOMIVl3ENDED ACT/ONS: 1. Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed changes do not appear to cream additiona! regional impacts. Request that Collier County provide 3WI~CPC staff with copies of any development order amendments and or other approvals related to the proposed changes, NOV 0 5 2002 jAN-O?-2002 COLI, JER CC ., /.SITE ATTACHMENT I GENERAL LOCATION MAP PELICAN STRAND, DRI NOV 0 5 2002 ~-t37-2002 12:2Z ~ P.138 SWFRPC 0~0 ~ NOV 0 5 2002 ~T~N~ DA~;ELOP~ENT ORDER 97- 3 RESOLUTION NUMBER 97- 295 A RESOLUTION A/~ENDING DEVELOPMENT ORDER NUMBER 90-1, AS AMENDED, FOR THE PELICAN STRAND DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER BY ADDING A SECTION ENTITLED SOLID WASTE, HAZARDOUS WASTE, MEDICAL WASTE; BY ~MENDING THE TRANSPORTATION SECTION; AND RENUMBERING SUBSEQUENT SECTIONS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Fi approved Development .Order Nu~uber 90-1 as amended, (Resolution Nurabe2 67, as amended) (The Development Order) on F~bruary 13, 1990, approved a Development of Regional Impact (DRI) known as Regency Vi!!a¢ Naples which has been renamed Pelican Strand By a subsequent amen Development Order; and WHEREAS, the Board of~ County Commissioners approved . Resofut Numbered 90_505,95L457 and .96-484, which amended the Pelican Development Order, on October 23, 1990, August 6, 1995:and October 22 ' respectively; and .. ! , WHEREAS, the ApPlication for Development Approval (ADA) incorporated into and by reference made a part of the Development Ord and WHEREAS, the real property which is the subject of the Deve!opm~ Order is legally described and set forth in Exhibit "A" to the Developmc Order; and ': WHEREAS, Pelican Strand Ltd. (hereafter "developer,,) submitted Notice of Proposed Change for the Pelican Strand Development. of Region Impact, and petitioned the Board of County Commissioners of Collier Count Florida to further amend the Pelican Strand Development Order, Co!!i~ County Development Order 90-1, as previously amended; and 1 Words underlined are additions; Words ~ are 2002 WHEREAS, the Collier County Planning Conunission has review~ considered the report and reconunendations of the Southwest Florida Re Planning Council (SWFRPC) an~ held a public hearing on the Petition o 3, 1997; and WHEREAS, the Board of County Commissioners of Collier Count reviewed and considered the reports of the SWFRPC and the Collier C Planning Co~ission and held a public hearing on t~e petition on Jul 1997; NOW, THEREFORE, BE IT RESOLVED'by the Board of County Conlmissione Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVE__LOPMENT ORDER A. The Findings of Fact Section of amended (Resolution 90-67, as amended) is follows: Development Order 90-1, hereby' amended to teac Words underlined are additions; Words ~~.~,% are del FINDINGS OF FACT The real property which is the subject of the ADA is !egi described as set forth in Exhibit A, the Planned Unit Development Document for P~lican Strand attached hereto by reference made a part hereof. The apPlicat.ion is in accordance with Sect{on 380.06(6) Florida Statutes. , The applicant submitted to the County an ADA and sufficie responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of thi~ Order. The applicant proposes the development of Pelican Strand Planned Unit Development for 574.6 acres which includes: acres of commercial uses to include a 2~ 140 room mo,el,' 4~ 8-80,000 square feet of off square feet ~f r ..... !ce commercial, and 12 =~=~ con~nercial; 64~ 1200 residential0'01 dwelling units'on ~_~ ~67.8 acres; an 18-~ole ol _ buffers on {-~ 203.3 ac~. _~ ~ ~. _ g f cours= ~ervat~on areas;-~ ~ ~ o~.~ acres of =nugement; and ~ 26_~3 ac-~es acres-~-lakes for water of roads. A Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) was filed and process as required by Sdbsection 380.06(i9) Florida Statu~es. A comprehensive review of the impact generated by the development has been conducted b~ the appropriate County departments and agencies and by the SWFRPC. The development is consistent with the report and recommendations ~f the SWFRPC submitted )ursuant t~ Subsection 380.06(11), Florida Statutes. O 5 2002 8. The development is consistent with the current land development regulations and the Growth Management Plan Collier County. 9. The development is not in an area designated an'.Are Critical State Concern pursuant to the provisions of S, 380'05, Florida Statutes, as amended. !0. The development will not interfere with the achievement the objectives of the adopted State Land Development pj applicable to the area. 11. The development is consistent with the State Comprehens Plan. B. The Conclusions o~ Law Section of Development Order 9G-] amended (Resolution 90-67, .as amended), is hereby amended to a paragraph entitled "Solid Waste, Hazardous Waste, Medical Waste" to re~ follows: SOLID WASTE/HAZARDOUS WASTE/MEDICAL WASTE '(Refer to ADDendi'x 1. T--~~e applicant shall incorporate the solid waste ~ t_~he pro_~ct into ~e County sol' demands ~nd e~mlore ~ilit~=~ l= id waste ma~acement landf~~=~ °~~din~ th~ 1~ =x~ mech~ica!~ -., ==c ca!nc, trash compact 2. The ur6ject shall be bound by all aDolicable recvc!ir resulrements !n Coliier County at t~ time of de~ 3. ~ business located within the e ' ~cn qenerates hazar _ _ P ~lcan Strand Deve~oo ~ dous wa~t - met ~he temporary stora~ ~. u, .shall be res onsib e ~a za rdo~ .... ~~ ~ " ~ ~uslnesses. However,-- ~1~~ hazardous waste storace ~ci!~o Coll!er County Zoning Regulations. 4. Buildin~ardous mater~ With im~~ ~[__ ~-~=u or store~ shal 1 ~ ~~J u~ construc ~~=ue [loot ~rains 1 adin, to zontain-~nd-~i~i~o=~o+~zng raci!ities which a leakace~ ..... ~=~ezY.racilitate the clean ..... ~e ad~u. ~ ated wacer. ' 5. Generation and discharge of haz~ ~e few~tem ~ ...... f~ous waste effluent into ~rmlt ~~=~~nlDlted unless approved Protect~ ~or~ua Department o~ Envk~e-~ C. Paragraph 4, "Transportation,,, of the Conclusions of-Law Sect! of Development Order Nu~er 90U1, as amended (Resolution Number 90-67, amended), is hereby amended to read as follows: 3 Words underlined are additions; Words ~ are de NOV 0 5 2002 etions. ~ Pg. ac TRANSPORTATION The applicant or'his successors shall be fully re~Donsl for site-related roadway and intersection improvements ~equired within the Pelican Strand DRI. The applicant De required to pay the full cost for any site-related l~tersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary by Collier County for the project ~?=joQ or Livingston Road ---___ ~ ~ .The site access recuirements =,,=u=ment standards a~---Der~ ~~n~ards and Derm--~ The Pelican Strand DRI shall be subject to the Coll~=r County Adequate Public Facili · · - ~0~4). The Collier Cou .... ~les Ordinance (Ordina2~= urdlnance ("APF" ~-~ "~ ~uequate Public F ....... - ==un year an Ann =~ u .... ~ ~t=~zY requires tha b facilities (AUIR), including roadways, be prepared and submitted to. the County. T~e ~ · ~ar~_of County Commissioner= ~:F_O~d~n~e requires the =zgnz=icant · l. ..... , .... ~ ~u ~sca~&~sn areas of lnf_~= %~1; around a~, r intersection which is deficient or is projected by the' AU · = o=u segment or~ to become deficient and which is not scheduled for improvement in the comprehensive plan Capital Improvement Element (CIE) of in a manner and time which would provi( facilities concurrent with the impacts pursuant to said Am~ Ordinan~= ' of'development ' ' ~' -~. If any of the road segmer identified in Paragraphs ~ 5.b. (2) through. (4) of th development order becom~ defi all.establish an area'of si~Q~ in the future, =~e Cou~ Pub~~ .... ~-gmen= pursuant to ~- ~ ...~uence (ASZ) ~u ~acz±zties Ordinanc .... ~ uoiiler County Ade~ua~ projects within-the boundaries of an.AS~ which is drawn -. =ursuant ~o 'the APF Ordi~a~ around a deficient road segment are unable to obtain furth, Certificates of Public Facility Adequacy. Projects within the ASI drawn around a road segment which is pro~ected to become deficient are unable to obtain Certificates of Publj Facility Adequacy that would allow impacts remaining capacity of those road segments, to exceed the The standards t be Utilized by Collier County in establishino the boundarie of the ASI's are se~ forth in Sect4on 7.~ 2 ~f the APF Ordinance. _ · In ~dditioh to the provisions of the Collier County O~dznance, the.?~l~can Strand DRI shall be subject to the following condztzons regardzng the transportation the development: o. (1) The Pelican Strand Development of Re ion subject to the sbecif'~ ...... g al Impact is - ~ ~=~uzremen~s of the Adequate Public Facilities Ordinance No. 90-24 as that Ordinance existed on July 1, 1990. Any amendment to -the transportation portion of that Ordinance by Collier County shall not be effective or applied to the Pelican Strand DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. 4 'Words underlined are additions; Words ~ are dele NOV 0 5 2002 {2__~) ~ecuate co~itments to P,~ide the ~ecesaarv improvements, including, but no~ limited to ~esi n ~~i!~ =~o=at~ o. ' ~iti~, Con~+ .... - , right-of-way ~_=_~ . · ..... rUc~lo~ co ~ · ~=~inlstration =_~ _ _' . nst.~ctlo~ co~tract ~ · ---F' ~,~u construction i --= ' to maintafn t =~ ....... naD-ct!on nec~ : -u~ow!n~ sicnifi~=~ T22~. ~ ~rv!ce for th. - US 41 ~o Goodlette-Frank Road - ~oodlette-Frank Roa~to Airart-p, · ~o~Pu]lin ......... · ulllnc Road _ ~ - ~nu=u no relica _ Pelican Str n~ ~ ....... ---.n Strand Entran I 7~ and ~nurance to 1-75 ~ -,o ~o C.R. 951 -- (3~ ~deq~ate co~itme~t~o provide the necessar~ ~ovements, includin bu ~, cost ~~_ ~. t not limited to, richt_~ ' -- ~- "==x~aslon, tu~ lane- - ~, ~nu Other ~~}~ ~m.~ ~ec~.= ~ So~.= Sou~ ~oka!ee Road/US-4] Ir~2~~°a~>~/°~ett e- Frauk R %~okal~e Roa~= ~ .~ oad ~ 7m~l~em?nt~ to t~e facilit' ~me ~hat ~e-me ' , ail be~ade at ~ 11 be made b ...... t_ ~ ' - le' 9i=~~' exi~~ul~!er County. = , -- . ~ "=- ~aCllltles and Words ~nderlined are additions; Words ~: t~ are deleti~ h,. NOV 0 5 2002 Intersections Iramoka!ee Road/US the need for improvements in a tim ~t shall'su~ .... el manner, the , ~,,L~u an annua~ Florida Department of Coraraunit¥ Affairs a.n~. the-- So-~west ~lorida Re~onal Planning Council for r. ~1. The first monito~n ~m~=teo one year after t~ ~_,~snall ~evel~d~ ~- ~.~prova~ or the -- ~ De submitted a~n~l~e~a~ran~ %~j~ Re~ ~aout of the project ~ .~=~uer until afte~ At a minimum, the report shall contain p.m. peak h ~rip generation estimates and tur~ - -- of the access ~-- ..... . ~ movements a ~~"~_~ aoove in reco · ,, ,, i~~uan9 ~evel or service at th, ~I service shal~ ~all als~o nr~f~n~ ~?~s~nal stands exlscin~ l~v~i ~= - F ~=.~ ualculaE!on of ~.~_ ~,-i'~ ~= =ervlce on t~e facil~E =~uzma~e~ /~,~1_ _= _ . . - les and th~ _ '-~=~ u~ serv!c~an~ ~ct impact for next y~ar.. The annual monl=orln r identify the statUs ~ _ ~ eport shall a!s~ ~ un= roaG 'lm r ~e co~itted in ~n~ - ~ovements assume De ac~ressed in t~ mo~lce,?~ Proposed Change process ~r Ch~ ~0.06(19), Flcrida Sta~utls .~ Based on ~he transportation assessment of significan ~r°J~s, c~nstruction of th ' ' -- ~ n~ed prior to DR~=aoDmenc oI the ilh~,~t ~o~=e~ lev=l of skrvice ~ .... ~an Stran - ' coati,ions are to maintained through~dout. (2002~ o secments and in.~Lt--~· on -e~ional roa ~ ~ ==~===ulons. . .zonal roadw, ~onal Roads I~okalee Road - US 41 ~dlette-Frank Road - Wid lanes Widen to 6 lan'es ' - AirDogtzPul!ing R~ to Pelican Strand Entr=nce - W~~~s ~ntrance - - Pelican StrgQ.d Entrance to 1-75 - Widen to ~ lan~s Words Underlined ar~ additions; Words ~ are d~lel Eas_~t and westbound throuoh Eas____~tbound dual left tur-~ane: N~orthbound dual left turn Lan~ Siqnal_~etimi__~n~ Immokalee Road/~-,o~ ~ East and westbound through Westbound dua~ ~_== ~ ~ane~ ~ortnbound dual ~ ..... ZZ-"T .... o ~==u =urn lanes Imm~ee R°~/AirD°rt-East and w O 5 2082 Notice of ~ha~ ~ ~Urrent traffic infc~rmatizra a~.~.wg~.r~ to establish Words underlined are ad~;; %~ ~'~~ are dele Irmmokal~_ Road/!-75 Rams ~ ifad r oven~,. Eastb~ ~75 East Rams Or constructi~rn facitit {Livin sion Road N/S)~ ~ options ma be considered b Co to interse~ ~%~kz ~moacted reoio~.~m~" ~ howeverS;. ~na=ever optio-~-/-~ .... ~ roadways (a~ ~~1 m¢nitoring resorts confi~ that sea ~ak hour directional t ~~3ons a~v ~~% Qave been b~ ident~~ (b~ ~an~tl~mDact to - ~uuncil o ' · - ~~ _~u~c~ ~li~, a ~~U~"~=. ~n, re and/or ~u~* ~-~'5_~ =~e applicant ~~ s~$~'~ ~nsure concurren .... --~,~ ~ ~ne ~o~ ' ' ' ~ roa~s ~(6~ ~'~ A~cmv~ a~mll provide Within fifteen (15) days P~ic~ ~ ~ear, a copy of said AUIR on the ~gional ~LZ:ies set forth in Subsection ~ ~ hereof to the DCA and SMFRPC. ~(5~ In the event ~Z ~he Collier County Board of ' Co~is~n~ ~ignates segment ~~~ in Sub~n ASI around a deficient ~~) ~= ~ . ection ~ 5 k ,~, ro~ .... ~J ~ed by the .... r~!can Strand DRI and the ASI ~es ~ ~lude the Pelican Strand DRI, then the app~an~ ~ file a Notice of Change of this develop~nt ,~ '~ith C ..... Florida R=~na~-~, u~ler County, the R f Co--unit}, .z..~.,~ .. g Council, and the Deuar Florida .... ~, pursuant to ~ · = -- StatL~.. S-ctzon 380.06(!9), The ~pl~ :~ file a Notice of Change within si~y (6D)) ~ ~ the date the County creates an AS~ for Such ~ ~~ road segment that excludes the P~lican ~nd ~.. The applicant ..... =__ . ~aly :hat~~~, Strand DRI is not having a substantial impact upo: pertinent road segment, or other justification County's exclusion of the DRI from the ASI. if is established for any deficient road segment lisl Paragraph 4.b. (2) of the development orde~ that dc not include the Pelican Strand DRI, the DRI shall apply for or be issued any Certificate of Public Facility Adequacy until the Notice of Change deci$ is made by Collier County, if neither DCA nor SWF~, participates in the public hearing on the Notice o Change Pursuant to 380.06(19) (f) and the change is adopted by Collier County, as proposed, or until a: appeal of such decision to the Florida Land and Wa- Adjudicatory Commission is resolved. na6+(7~) For purposes of enforcement of this deve the Pelican Strand DRI she ~= ~= .... lopment 11 _~ ==-m=u ~o have a substantial impact upon a deficient road segment if traffic impacts exceed five percent (5%) of the lev of service "D" peak hour peak season capacity of th roadway. The County shall provide the requisite public notic~ and hold a public hearing on the Notice of Change expeditiously as possible. Following a public hear2 Collier County shall amend the Pelican Strand DRI Development Order to record its determination as to whether The County shall provide the requisite pub!f notice and hold a public hearing on the Notice of Change as or not Pelican Strand is having a substant Impact upon the deficient road segment or otherwise should not be included within an ASI for the deficie road segment. In making this determination, the Cou shall include the impacts re~ulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to Pe!ical Strand. The amendment to the Peli'can Strand Development Order is appealable pu'rsuant to Subsectil 380.06(19) and Section 380.07, Florida Statutes. If neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.06(919) (f), and the change is adopted by Collier County as proposed, the Pelican Strand DRI may be issued Certificates of Adequate Public Facilities following the County's development order decision. either DCA or SWFRPC participates in the Dub!lc hearing, t'he Applicant shall not apply fo~ or be issu Certificates of Adequate Public Facilities until the deadline for appeal of the Collier County decision ha expired pursuant to Section 380.07, Florida Statut=s and no appeal has been filed. - , Interconnection between Pelican Strand and adjacent subdivisions shall be encouraged. If P/per Soulevard is e~:ten,Jed as a frontage road Li'v~ngrtcn 9. oad to the P~eperty boundary of Pelican Strand, an interconnection to Pelican Strand will be reviewed by applicant and by the County Department of Transportation a~ that time. If the County deems the interconnection is ~pPropriate, the developer shall orovide for the lnterconnection. AGEIt~ ITE.~ Words underlined are additions; Words ~t=u~--~ are de 0 5 2oo2 e. On CR-848 west of 1-75, a one-mile spacing for major intersections will be implemented for the probable bui Condition of six thru lanes. During two-lane Cond] four-lane conditions, a ma'or" ' ,, · ~llowed at an approximate ~ne__~ss ~tersectior. following conditions/constraints: ~ cer mile spacing wit 1. At the time of warrants being met .... = . . _~u~ slgnal svst( the signal system shall se lns~a!led at the de~el¢ fair share expense, shall be coordinated with the signal system at 1-75 and Livingston Road, and she operated in such a fashion so as to minimize thru movement delays ("access" intersection cycle desert upon completion of thru movement cycles). 2. At the time of CR-846 six-laning, the County fetal: the option of signal system removal along with med: opening removal at the one-quarter mile intersecti! spacing location. 3. At the time after permitting median openings/installation of signal systems, the Count~ retains the option to remove me ' . signal system at the o ........ dlaQ op~n!ng and/or · ,~ ~u=rt~r m~!e ~ntersection lng location should eithe~ or bo ~ and thru lane caDacit-~[- . .~h traffic acci - ~ ~=ua !n~lcate a need ba on criteri9 set forth in the current edition of the Manual on Uni{orm Traffic Control Devices (MUTCD), policy, and/or County policy. D. Paragraph 5 " ' · , Vegetation and Wildlife/Wetlands,,, of the Conclusions of Law Section of'Development Order Nunlber 90-1, as amended (Resolution Number 90-67, as amended)~ is hereby amended tc read as follows: · 6_~ ~ VEGETATION AND' WILDLIFE/WETLANDS a. The permit application to the SFWMD shall include detai!e( plans and appropriate documentation which delineates: buf: areas adjacent to the wetlands identified the extent of encroachment in for preservatior that the Dro~ ~ ...... to the wetlands, ye ~ ' . ,- ~o~ uun~rol eleva~ ..... r~f~catlor uzunS WiLl maintain adequat wetland hydroperiods, acreage figures and cross-sections f all mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetlands and mitigation ratios and which includes a wetland monitoring and maintenance program. b. Upland preservation additions to the wetland conservation areas on the proposed adjacent golf course areas shall be illustrated on' the site development plan for each phase prior to approvaI cf that phase by Collier Count.,. '~1~ t~r~e~t~nS~l~l~t~s~ned to provide "' rridor that will maintain foraging habitat for Big Cypress Fox Squirrels. d. The existing rock quarry shall be modified to provide a natural shoreline with littoral zone and connection to two adjacent cypress areas. ' 9 Words underlined are additions; Words ~ are de AGENOA '- iN Y 0 5 2002 Words underlined are additions; Words ~ are de tions. e. The proposed hydroperiods and seasonal water elevatio: shell be designed to be as close to eleven (11) inche: the wetland surfaces in the rainy August-Septer~ber po: practicable. f. Machine clearing shall be performed in areas dominate¢ exotics while hand clearing will be used in the ba!an¢ wetland and conservation areas. g. .7 acres of lake littoral zones shall be created. h. The threatened pine pink ground orchid shall be transp to suitable areas such as low golf course rough or wet management swales if it is encountered prior to construction. i. Pines and other trees, as well as under-story plants, be maintained in conservation areas; in all areas of golf course, consistent with good'golf course design, excluding the fairways; and in yards and green spaces. Habitat pods for the Big Cypress Fox Squirrel shall be located periodically (randomly) throughout the project. J. Prior to the issuance of any land clearing permit withi added 375.3 acres, r~isions of th~ ~ Fox Squirrel H'ab Management Plan for that area ~ approved by the Florida Game. and Fresh Water Fish co.7umission by letter November 4, 1996, shall be comp!lad with, E. Paragraph 6, "Water Supply,,, of the conclusions cf Law Development Order Number 90-1, as amended, (Resolution Nu~ber 90-( as amended), is hereby amended to read as follows:. 7. ~. WATER SUPPLy a. Al! construction plans, technical specifications, and proposed plats, if app!ic~ble, for the proposed water distribution system, and any possible on-site water treatment system, shall be reviewed and approved by Col! County Utilities prior to commencement of construction. b. Should Collier County not be in a ' ' water to meet the c ......... p~sltlon ~o supply pot~ ..... m~ulve ~eman~ of this project, th~ Developer or his successors at this expense, will instal~ and operate interim water supply and on-site treatment facilities adequate to meet ~11 requirements of the appropriate regulatory agencies. c. At such time as the County's off-site facilities are availabl~, in accordance with County ordinances and/or St Statutes the Developer, his assigns or succ~so~. ~..~ abandon, dismantle ~ud rem~>.?~ from the site, t~:-. .... ~.-a.~e to the County. d. Connection to'the County, s off-si ' h~_~a~e by the owners, their =..~!~ water facilities she! =co,phs or successors, at no ~u~u uo the County, within 90 days afte ~,~nh _f_~i~ ~e available, in accordance with Cointy Suate Statutes. e. At SUch time as off-site County available for the pro'ec t water facilities facilities . ~ t ~o connect w' are (Appendix id~c~be? in the July 19, l~,..all potak pursua~, ~- ~ ~ne aDA) will be ..... ~ ~emorar · ~ uu appropriate Count,, n~~v~ye~ to the C effect"at the time. ~ ~~ulnances and ~egu!a f. If an interim on-site water supply, treatment and transmission facility is utilized to serve the. propoa project, it must be properly sized to ~p~eav~rage peak day domestic demand, in addition f-ow de at a rate approved by the appropriate Fire Cont-oi Di servicing the project area. ~ g. The developer, hfs assigns or s all other Countu ~_~_ . . ucce~sors, sba ! the July 19, : w~=~mae water requlrements, ~s be bo: conta: 1985 County Memorandum {Appendix ! of th~ As the South Florida Water'Management District has ad~ the applicant that the Lower Tamiami Aquifer mi=hr available, as a supplemen . . of permit app!ica ' ~al Irrigation sou- - , not tlon, th~ applicant ~ ?ce, a~ the possibility of Using other aquifers, or other water so entirely. ~=~ investigate Prior to the permitting of any additional withd the Lower Tamiami A u' provide ~ ...... q lfer, the aD~ ..... rawais · ntrusion, unacceptable low wate~ ~ nn=t sa!~ne watez levels, and/or advers impacts on either'on-site/adjacent wetland areas of exi users will not occur as a result of any proposed withdrawals. For the purposes of non-po~able Strand will ~i~ep~S~ water conservation, . maintenance ~Pe_principles in the design s landscaping. Prior to the permittin o ' interconnected lak~ --~ f wlShdrawals from o ' adjacent to ~- ~ =y~uems which hay ..... .[o]e~t lak~ ~"='~, uocument t~ ..... ~ w~c~an~ areas South Florida Water Mana w-~¥~ue~ to the that the w · ..... gement Distri ~,~_= , z~operlod w~ ~- .- ~ uemonstrat ~ m~ maintained. The applicant may withdraw water from isolated lakes or systems only if documentation is provided to the Distric~ that indicates that on-site and off-site wetlands will be adversely .impacted by such withdrawals. Private wells for multi-family irrigation systems shall ~e promoted by the applicant. Permitting is at the discretion'of the South Florida of such activit Water Managemen Distritt and appropriate local agencies. In view of the COndition of the Lower Tamiami Aquifer, the applicant is strongly encouraged to find other irrigation for residential areas. ?i-iced between Wetlands and lakes wherever water e!evatiou in the lakes are set below seasonal high water elevations. On-site wetlands and lakes shall be buffered from contamination from spray effluent Used ~a purposes. 11 Words Underlined are additions; Words ~ are de] NOV 0 5 2O02 ions. q. The lowest quality of water possible shall be util£z all non-potable water use. r. All commitments made by the aoplicant, within the AD~ related to Question 23 and subsequent sufficiency in conflict with the above recommendations shall be incorporated as conditions for approval. E. Paragraph 7, '~Consistency with Local Growth Management Pla the Conclusions of Law Section of Development Order Number 90-1 amended (Resolution Number 90-67, as amended), ks hereby amanda: read as follows: B_~q~ CONSISTENCY WITH THE LOCAL GROWTH M~NAGEMENT PLAN a. The DRI's land uses are consistent with the local gore growth management plan. F. Paragraph 8, "General Considerations,,, of the Conclusions Section of Development Order Nunzber 90-1, as amended (Res~l Nunzber 90-67, as amended), is hereby amended to read as follows: ~ ~. GENEkAL CONSIDERATIONS a. The development phasing schedule presented Within and as ' ~d~us~ed to the effective dar - approva~ !s incorporated ~ ........ phasing s~hedu~ ......... ~ = ~on~!~lOn of aD ~' - ----' ~ = ~ur~eces that schedule con~a~ inTh Ordinance 85-61, Regenc Vil - u~pora~e~ within ~- - .=,,u ~PPllcant ro~d resmo~ .... un~ ~eve!oo~e~t ordA- ~ .,o=~ no mitica = ~2~ ..... ~, ~u or suffici = t_ ~=wzunuz !~pacts are not car -- out as indicated, then this substan~ia! deviation ~ .... shall be presumed to ~= une affected regional i[su2 b. If during the course of monitorin~ the develonme ' local government can demonstrate {~=~ ..... - = nt, the the COnditions underlying the .... oumscantial changes order have occurred or the approval of the development on substantially inaccurat~ the development order was bas informatio~ provided by the ~eveloper, resulting in additional substantial !mpacts above the threshol found in Section 380 ..... ~s for a substantia regional 1 deviation suustantlal davis ~n~ ~.~,,F!~rlda Statutes, than a c. t .... ~=&~ De deemed to have occurred. PUrsuant to Chapter 380.06(16), the applicant shall credit for contributions acquisition of -..~. _ ,.construction ....... -ecei~ subject by ]o~.=~uualc ~acllities jF ~ ~w=nslon, or .... u~ OeVej,..r~=z' ~ . ....... lt~d.,.~,-¥ tn~ (. wzth the Growth Management Plan ~l~cable Count~, ~_~n~ Management System) and all' ' ~ ~3 auulon of Col~- ~ l~ss specifically waived Developmen~ Code Division 3.2, which requ res~h~ 12 objectives of the adopted State Land Development Plan aD~ to the area. . C. The proposed amendment to the previously approved develop consistent with the Collier County Growth Management Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Developn order is consistent with the State Comprehensive Plan S~ECTION FOUR: ~C~T~O~F._PR_EVIOUSLY ISSUE ' TRANSMITTAL TO DCA AND EFFE~ A. Except as amended hereby, Development Order 90-t, as amend~ shall remain in full force and effect, binding in accordan¢ its terms on all parities t~ereto. This amended Development shall take precedence over all other aDplicab!e previous an subsequent Development Orders which are in conflict thereof B. Copies of this Development Order 97 3~ shall be transmitted immediately upon execution to the Department of Coramunity Affairs, Bureau of 'Land and Water Management, and ~outhwest Florida Regional Planning Council. C. This D. eveloDment Order shall take effect as ~rovided by BE IT FURTHER RESOLVED that " this Resolution be recorded in the of the BOard. mi This Resolution adopted after motion, second and majority vote. Done this '. day of ~ [ ': COLLIE~OUNTY, FLORI D~ :.. . ...~2: r .., ; . , .. .~.~ ~/F,"-n/?aJ.ican 14 Words underlined ara additions; Words ~~ are DEVELOpbrIENT ORDER 02-~ RESOLUTION NO. 02 - ._ A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 90-1, AS AMENDED, FOR THE PELICAN STRAND DEVELOPMENT OF REGIONAL IMPACT (DRI) LOCATED AT THE INTERSECTION OF INTERSTATE - 75 AND IMMOKALEE ROAD (CR# 846) BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE SQUARE FOOTAGE OF OFFICE COMMERCIAL USES AND A DECREASE IN THE SQUARE FOOTAGE OF RETAIL COMMERCIAL USES, A REDISTRIBUTION OF THE ACREAGE ATTRIBUTABLE TO THE VARIOUS TRACTS, TO ADD THE USE OF 120 RESIDENTIAL LrNITS IN LIEU OF A 140 UNIT HOTEL AT THE OPTION OF THE DEVELOPER IN THE ACTIVITY CENTER DISTRICT, AND TO REDUCE THE MAXIMUM NUMBER OF DWELLING UNITS FROM 1,200 TO 1,160; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF pREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, Regency Village of Naples, a Joint Venture, c/o Stephen Tavilla, filed on December 1, 1988, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Regency Village of Naples in accordance with Subsection 380.06 (6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 90-1 (the "Development Order") by Resolution Number 90-67 for the Regency Village of Naples DRI on February 13, 1990; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 90-7 by Resolution Number 90-505, amending Development Order 90-1, on October 23, 1990, pursuant to the terms of a stipulated settlement agreement between the Department of Community Affairs, Southwest Florida Regional Planning Council, and Stephen Tavilla; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-4 by Resolution Number 95-457, amending Development Order 90-1, on August 8, 1995, amending the date of initial commencement and the date of exemption from down-zoning; and Words s~r~k ,k.~,.m are deleted; words ~nderline4 are added NOV 0 5 20O2 WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 96-3 by Resolution Number 96-484, amending Development Order 90-1, on October 22, 1996, amending all references to Regency Village or Regency Village of Naples to Pelican Strand; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 97-3 by Resolution Number 97-295, amending Development Order 90-I, on July 22, 1997, amending the Development Order by adding a section entitled Solid Waste, Hazardous Waste, Medical Waste; and by amending the Transportation section and renumbering subsequent sections; and WHEREAS, Robert L. Duane, A.I.C.P., of Hole Montes, Inc. representing The Strand Limited, a Florida Limited Partnership, desires to make certain revisions to the plan of development and Development Order for the Pelican Strand DRI and to make certain changes to the development approved herein; and WHEREAS, The Strand Limited, a Florida Limited Partnership, through its authorized agent, has filed its application and notification of a proposed change to Development Order 90- I, as amended, which is attached hereto and incorporated by reference herein as Exhibit "A"; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, ~vith jurisdiction pursuant to Section 380.06, Florida Statues, is authorized and empowered to consider proposed changes to the Pelican Strand DRI, Development Order 90-I, as amended; and WHEREAS, the Collier County Board of Commissioners has passed Ordinance No. on ,2002, which has the effect of amending the PUD zoning for the Pelican Strand DRI previously approved in Ordinance No. 97-75; and WHEREAS on ,2002, the Board of County Commissioners, at a public hearing in accordance xvith Section 380.06, Florida Statutes, having considered The Strand Limited, a Florida Limited Partnership's, application and Notice Of Proposed Changes to the Pelican Marsh Community Development Order 90-1, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendations of the Collier County Planning Commission; the report and recommendations of the Collier County Planning Staffand Advisory Boards; the report and recommendations of the Southxvest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. Words ::r::e.k tSr~::gh are deleted; ~.'ords underlined are added NOV 0 5 2002 P~. ~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4 of the Findings of Fact Section of the Development Order 90-1, as amended (Resolution 90-67, as amended), for the Pelican Strand DRI is hereby amended to read as follows: 4. The applicant proposes the development of Pelican Strand Planned Unit Development for 574.6 acres which includes: 30 acres of commercial uses which may also include 120 residential units on 5.6 acres in lieu of a 140 room motel at the option of the developer on Tract C-l, to inc!'a~az a ~.~v~n rccm mctc!, ~v,~v..°n r~ 120,000 square feet of office commercial, and 120,95Y~ 90,000 square feet of retail commercial; 1,299 1,160 residential dwelling units on 157.E 170 acres or on 175.6 acres if 120 dwelling units are developed in the commercial area in lieu of 140 motel rooms, an 18-hole golf course and buffers on 292.2 187.3 acres; $2,E 85.3 acres of conservation areas; 72.7 75.5 acres of lakes for water management; and 26.3 acres of roads. (See attached PUD Master Plan.) SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Strand DRI are depicted on the PUD Master Plan, which is marked Exhibit "B", attached hereto and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Strand Planned Unit Development on 574.6+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the requested amendments has been conducted by the County Departments and the Southwest Florida Regional Planning council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. Words :,::::c!: :~raxgh are deleted; words underlinecl are added AGENOA ITEM--,,. NOV 0 § 2002 SECTION THREE: CONCLUSIONS OF LAXV A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consitent ~vith the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 90-I, as amended, shall remain in full force and effect, binding in the accordance with its terms on all parties hereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of the Development Order No. 02- , shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Words .~gc~: :hr¢ugh are dcleted; words underlined are added 4 NOV 0 5 2002 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie(jvI. Student Assistant County Attorney DOA .2001 -A R- 1638;FIUarn/sp are deleted; words underlined are added NOV 0 5 2002 ~oulhwc~t Florida ~gSO L~yl~e Drt~.. ~t Rcgi-n,,l Cou ncll NIEMORANDUM FROM: Applicants and Interested Individuals ~. ~... ,. · Nichole L Gwinnett, IC&R Coordinat~ DATE:' January 2.2002 SUBJECT: Less Than Regionally Significant and Consistent Projects The attached list Indicates the l:m~jects that Council staff hal determinod to fall under tho designation of 'tess Than Re,3ionally ,Significant and Consistent," which the deflnrdon indicates ,the following: · Less Than .Eegionpllv $1a0!ficaLnt and Cons]stent - no further review of this project can be expected from the Council. This memo does not serve as notification of whether or not the application has been accepted. This is to just serve a:~ notification that the SWFPJ~C has reviewed the attached projects and that no further review would be necessary from the Counc~. Please feel'free to contact me at 9411656-7720 or e-mail ngwirm_etti'a]~Wf _rp~.o~ if you . have any questions r~gardlng your particular project. /nlg attachment Exhibit "A" AGE~IOA NOV 0 5 2002 ~AN-O'7-~00~ 12:~1 SWFRP¢ Po 02 THE STRAND DRI #12-8859.87, 3.9697-138 NOTICE OF PROPOSED CHANGE COLLIER COUNTY Agenda Item #3.(a)2. ,P n n IS~ B.a.ekgTound: The Strand Development of Reg:,ional Impact (DRI) is located at the northwest quadrant of the County Road 846/lmmokalee React/I-75 interchange in the North Naples area of Collier County. This is shown in Attachment I, (Project Location Map}. The Strand DRI baa previously been known under two other names. From 19D3 through 1995, the southern portlon of the current DRI property was known as the "Regency Village of Naples" Development of R.cgional Impact, In 1996, the was acquired by the current owner and expanded through the DRI Substantial Devlarion process. Thc ~vised DRI bccame known a~ "?clican Strand". Currently, tho DRI is being marketed as "The Strand". Previous History: The odglr, al Development Order for "The Regency Village of Naples" DRI (Development Order gg0-1/Resolution #~0-67) was approved by the Collier County Board of County Commissioners on February 13, 1990. The original D.O. approved the development of a 260-mom motel, 40,000 square feet of office space, 120,000 squar~ feet of retail space and 680 r~sidcntial units. The project also included a golf course, conservation area.s, a water management system and internal roadways. The entire development comprised approximately 200 acres. On April 6. 1990, the Florida Department of Community Affairs (DCA) appealed the Collier County Development Order for The R~g~ncy Village of Naples over concerns regarding ~ho DRI's traffic mitigation requirements. The Southwest Florida Regional Planning Council (SWFRPC) intervened in the appeal proceedings. The First Amendment to the Development Order for The Regency Village of Naples (Development Order #90-7/Resolution g90-505) was approved by the Collier County Board of County Commissioners on October 23, 1990. The amendment incorpora~'.~d the terms of the Setdement Agreement between DCA and Collier County. The amendment did not niter the approved development parameters for the DRI. The Second Amcndment to the Development Order for The Regency Village of Naples (Development{Order ~tOS-4/R. csolution ~t95457) was approved by the Collier County Board of County Commhsioncrs on ^ugust 8, 1995. Thc amendment e×tcnded the commencement, phasing, buildour and termination dates of the D.O. by five years less one day. As a result, physical development was required to commence by October 22. 2000, and thc effective termination dab-. for thc development order Became October 22,213{12. No other changes were made to the D.O. N~.c-~ IX~ NOV 0 5 2002 C"J T [11'11~ .TG~N-O~-2002 1.2: 22 EiI.,JF:Ia..PC F~. 03 On October 22, 1996, thc Collier County Board of County Commissioners approved Ordinance ~96-65, This Ordinance was the D~velopment Order for the "Pelican Strand" DRI. The Pelican Strrmd Development was a substantial deviation to the original Regency Village DRI. The substantial deviation application requested approval of an expansion of the original DRI by more than 375 acres. While the primary development parameters did not change, acreage available l'or all uses increased. Additionally, 18 i acres were reserved for "Future Development~Ope..n Space". On July 22, 1997, the Collier County B0~rd of County Commissioners approved Development Order ~7-3/Resolution #97-295, the First Development Order Amendment for the Pelican Strand DRL The amendment made the following changes: a. The number of approved motel rooms was reduced from 260 to 140. The amount of approved office spac~ was increased from 40,000 square feet to 80,000 square feet. c. The number of approved residential units was incrc,,sed from 680 to 1,200. Acreage allotted to the golf course, conservation areas, water management and internal roadways we.s increased. Development Order Conditions related to Solid W~t,-/Hazard0us Waste/Medical Transportation, and Vegetation And Wildlife/Wetlands were amendcd. Attachment II shows the currently approved Master Development Plan for the Pelican Strand/The Strand DRI. Proposed (2hanses: Th: current Notice of Proposed Change (NOPC) for The Strand Development of Regional Impact (DP, I) was submitted on October I9, 2001. The applicant, Mr. Paul Hardy, is the Developer of The Strand. The applicant is proposini,~ to change Item #4 of Section One ("Findings of Fact") of ~he existing Pelican Strand Developm,mt Order. The amended language would read as follows: "The applicant proposes the development of Pelican Strand Planned Unit Development for 574.6 acres, which include.s: 30 acres of' commercial uses _w_hich may also include 120. residential ,units on 5.6 acres in lieu of a to4nc-luge~ I~0 room motel at the optlon 9f the developer on Tract C-1_, 8fl,fl00 square feet of office commercial, and 120,000 square feet of retail commercial; 40300 j., 160 residential dwelling units on 167.8 acres or on_ 173.4 acres if 19_0 dwelling units a.r~ developed in the commercial area in lieu of 140 r~ote}.ro, oms; an l g-hole golf course and bulL"ers on 20.3.3 ac~; t~2.8 acres of conservation are~; 73.7 acres of lakes for water management; and 26.3 acres of roads. (See attached PUD_ Master Phm.)" NOV O 5 JPlN-D"7-2E~2 12: 22 SWFRPC P. 04 According to the applicant's a~nt, the proposed changes would accomplish the following: The number of r-sidendal ~;anit~ would be decreased from 1.200 to 1.160. This would reduce the gross residential density of The Strand from 2.2 units per acre to 2.02 units per acre. The applicant would be allowed, depending on market demand, £o construct 120 residential tznits within the designated commercial area, in lieu of the 140 motel rooms, This change. if it occurred, would increase residential acreage and reduce commenci~zl acreage. The proposed cha~ges could result in either one of two scenarios concerning the project's approved land use~. These, scenarios, as well as the currently approved land uses, are shown in the [abla below. Scena rios Mul ti- Single Retail O trice Mo tel Family Family Current ~ 15 385 120,000 80,000 140 1 775 385 120,000 g0,00O 140 I 2 ] 775 385 120,000 g0,00O 0 Thus, either scenario would result in a decreaed number of residential units, Scenario 2 would involve deletion of the proposed motel rooms. Neither scenario would affect the approved amounts of retail and office space. Attachment 1TI shows the proposed Master Development Plan for Thc Strand Development of Regions.] Impact. The only difference between Attachments II s~nd II1 is the hatched area at the southern end of the map on Attachment ILl. Re~iorL~.LStaff Analysis: The proposed changes to Thc Strand DRI fall under Section 380.05(19)(e)3., FloridaStatute.~, which reads, in part, ~s follows: "...any addition of land not previously reviewed or any chang~ not specified in paragraph (b) or paragraph (c) shall be prt:sumed to creat~ a substantial deviation. This presumption may be rebutted by clear and convincing evidence", The referenced proposed changes would be considered as an example of a "chmge not specified" under the requirements of this section. Therefore, the applicant is required to rebut the presumption. Character, Mag.n. itude, Location: The proposed changes could slightly alter the character of the DRI, depending me, tel rooms are ultimately built or not. Thc proposed chzingcs would decrease th ma~~ NOV 0 5 2002 J~N-O7-Z~OZ 12-' 2Z SI~FRPC P. 05 DRI, due to loss of some residential units. The magnitude decrease could become significant if the motel rooms are not built. The location of' the project will not change. Regional Goals, Resources and Facilities: The only Regional Goal area affected by the proposed changes is transportation. Transpottattorl: The applicant's transportation consultant has submitted a transportation analysis report in conjunction with submittal of the NOPC. The purpose of the analysis is to .show that the proposed changes will cause a reduction in traffic impacts as compared to the currently approved development. The incorporation of multi-family ,.tsas into the commercial activity center has the potential to rcsu It in a more viable mix of land uses than that currently approved. The proposed mix of residential and commercial land uses will not significantly affect the project's internal trip capture ra~e. However. mixing of residential and commercial uses is consistent with a goal in the Collier County Futura Land Use Element that encourages the placing of residential uses within commercial activity centers. Scenario l: Scenario 1 calls for the rcducEon of multi-family units by 40 units (from 815 to 775). As shown in the transportation analysis submit'ted by the applicant's consultant, Scenario I reduc~'s the DRI's overall P.M. Peak Hour trip generation by approximat~-ly I%. Therefore, Scenario t would not create any significant adverse impacts to the Collier County roadway network. Scenario Scenario 2 includes the reduction in multi-Family units as well as deletion of the motel rooms. As shown in the transportation analysis report, Scenario 2 reduces the overall P.M. Peak Hour trip generation by approximately g%. Therefore. no significant adverse traffic impacts to the external roadway ne~work can be expected from this Scenario. Regional ~tafF Finds that the proposed land usc changes, regardless of th, scenario actually chosen by the applicant, do not create a likelihood of additional regional transportation impacts. The revised development parameters, once agi:Jn regardle.,~s of' the scenario actually followed, appear to result in only negligible changes to net n.:w external trips from thc DRI. Therefore, from the stan'dpoint of traffic impacts, the proposed changes would not result in a substantial dcvi~ttion. Multiiurisdictionai lssu.es: There appear to be no multijurisdk:tional issues resultihg from the proposed changes. NOV 0 5 2002 .7RN-0'7-2002 SWFRP¢ For Reassessm~nt Of The DRI: Regional staff believes that the proposed changes would not necessi[a[e the reassessment of The Strand Development of Regional Impact. Acceptance Of Proposed D.O. L~nzuazC: In addition to the languag~ mview,:d by staff as par~ of this NOPC, thc applicant has also submitted ri:vised PUD language m Collier County staff. Provided that County staff finds the revised PUD language acccptabl~, Regional st;~ff recommends acceptance a,f thc proposed dcvclopment order language. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed chang,,s do not appear to create additional n:gional impacts. Request that Collier County provide SWFRPC staff with copies of any development order amendments and or other approvals r~lated to the proposed changes. NOV 0 5 2002 P. 0~ SglFRPC LEE cou N ."" ! COLLIER CC : r~I I ATTACHMENT I GE~R~.L LOCATION MAP NOV 0 5 ?.002 ~N-07-2002 12:23 o SWF-RRC P. 01~ W ':l~n.l.-ln:gl~OY - v Z '021 339V),IO~Ptl ' Exhibit "B EXECUTIVE SUMMARY PUDZ-2001-AR-1639, ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REPRESENTING THE STRAND LTD. A FLORIDA LIMITED PARTNERSHIP, REQUESTING A REZONE FROM PUD TO PUD FOR THE OPTION OF 120 RESIDENTIAL UNITS IN LIEU OF 140 MOTEL/HOTEL UNITS FOR PROPERTY LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD AND 1-75, PELICAN STRAND SUBDIVISION, IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO DOA-2001-AR-1638) OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent xvith the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to amend the Pelican Strand PUD to include residential uses within the Interstate Activity Center portion of the PUD and to reduce the maximum number of dwelling units from 1,200 to 1,160. In addition, changes in the amount of office and retail uses are requested. The petitioner proposes an amendment to the PUD, which would permit up to 120 residential dwelling units within the Activity Center District. If the option to build the residential units were exercised, the 140-unit hotel/motel would not be permitted. The petitioner also proposes to reduce the maximum number of dwelling units from the currently approved 1,200 dwelling units to 1,160 dwelling units. The petitioner also proposes a reduction of the retail area from 16 to 12 acres (a reduction of 4 acres) and an increase in the office area from 8 to 12 acres (an increase of 4 acres). The petitioner also proposes a reduction in the gross square footage of retail from 120,000 to 90,000. The subject commercial parcel is 5.6 acres and could support up to 120 residential dwelling units if the amendment is approved. The amendment also reduces the maximum number of dwelling units for the entire PUD from 1,200 to 1,160. That results in a reduction in the gross density from 2.087 dwelling units per acre to 2.017 dwelling units per acre for the entire PUD. AGE~I:)A ITEM Under the current PUD, the subject parcel could support a maximum of 140 hotel rooms. This would not change under the proposed amendment. However, the amendment allows only one or the other. If residential units are constructed on this site, the hotel could not be built, and vice-versa. The subject parcel falls within the limits of Activity Center Number 4, and therefore both residential and commercial uses may be permitted, according to the Future Land Use Element. Generally, a multifamily residential use generates less traffic than a comparably sized hotel. Therefore, if the residential option were used, traffic generation would be reduced from the hotel use that is currently permitted in the PUD. The change in square-footage requirements for the commercial parcel results in a net increase of 40,000 square-feet of permitted office area. Whether or not the sites can support an additional 40,000 square-feet will depend on parking, landscaping, engineering and other Site Development Plan related issues. The Traffic Impact Statement supports the petitioner's contention that the proposed changes will reduce the number of trips generated. FISCAL IMPACT: Because it is a change to an existing, partially developed PUD, this rezone by and of itself xvill have little or no fiscal impact on the County. 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. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. 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 valorum tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict, and Urban Commercial District, Interchange Activity Center Subdistrict) on the Future Land Use Map of the Growth Management Plan, and a portion of the site is within a Residential Density Band. Relevant to this petition: Urban Residential permits a variety of residential unit types at a base density A~..,~A ITEM 0 5 2002 of 4 Dwelling Units/Acre, subject to the provisions of the Density Rating System; and, recreation/open space uses. Interchange Activity Center permits a full an'ay of commercial, institutional & recreational, and residential uses at up to 16 Dwelling Units/Acre. Pelican Strand is an existing PUD and DRI approved for 30 acres of commercial in Activity Center #4; 1,200 Dwelling Units, at a density of 2.087 Dwelling Units/Acre; and, golf course & preserve - this PUD is consistent with the locational and density criteria contained in the FLUE. This amendment will decrease residential density, and allow for a re-allocation of 120 Dwelling Units. The proposed amendment may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it xvas reviewed previously. Therefore, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on October 17, 2002. By a vote of 6 to 2, the CCPC recommended that the Board of County Commissioners approve PUDA-2001-AR-1639. Commissioners Fry and Adelstein voted in the minority because the type of residential units was not specified. PLANNING SERVICES STAFF RECOMMENDATION: The proposed amendment to the Pelican Strand PUD reduces the gross density of the project and allows the potential for residential dwelling units to replace the hotel/motel use, thus reducing traffic generation. Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition PUDA-2001-AR-1639 to the Board of County Commissioners with a recommendation of approval. 3 10¥ 0 5 2002 PREPARED BY: FRED~I~ISCHL, AICP PRINC~AL PLANNER DATE REVIEWED BY: MARG ,Ai~ET WUERSTLE, AICP PLANNIIqG SERVICES DIRECTOR lO. DATE DATE APPROVED BY: /JO,.SEPH K. SCIJMITT DATE ,~ C/OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2001-AR-1939 4 NOV 0 5 2002 AGENDA ITEM 8-F MEMORANDUM TO: FROM: DATE: 1~: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 16, 2002 PETITIONS: PUDZ-2001-AR-1639 THE STRAND OWNER/AGENT: Agent: Owner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 The Strand LTD A Florida Limited Partnership by The Strand Development Corp. of Naples, A Florida Corp., its General Partner 5692 Strand Court No. 1 Naples, FL 34110 REQUESTED ACTION: The petitioner wishes to amend the Pelican Strand PUD to include residential uses within the Interstate Activity Center portion of the PUD and to reduce the maximum number of dwelling units from 1,200 to 1,160. GEOGRAPHIC LOCATION: The property is located in the northwest quadrant of Immokalee Road and Interstate-75. NOV 0 5 2002 I- i ; I!, I l.U<r _o ct- m 0 -._! I 'OW 339VN0~1 NOV.O 5 2002 ?URPOSE/DESCRE?TI~ON OF ?ROJECT: The petitioner proposes an amendment to the PUD, which would permit up to 120 residential dwelling units within the Activity Center District. If the option to build the residential units were exercised, the 140-unit hotel/motel would not be permitted. The petitioner also proposes to reduce the maximum number of dwelling units from the currently approved 1,200 dwelling units to 1,160 dwelling units. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: Northeast: Southeast: Southwest: Northwest: The parcel is an undeveloped 5.6 acre site within the 574.6 acre Pelican Strand PUD Golf Course Open Space District containing a Stormwater management lake; zoned PUD Strand Professional Park offices; zoned PUD Tavilla Circle ROW, across which is a retail shopping plaza; zoned PUD Strand Boulevard ROW; across which are a portion of the golf course and multi-family residential units; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict, and Urban Commercial District, Interchange Activity Center Subdistrict) on the Future Land Use IV[ap of the Growth Management Plan, and a portion of the site is within a Residential Density Band. Relevant to this petition: Urban Residential permits a variety of resident/al unit types at a base density of 4 Dwelling Units/Acre, subject to the provisions of the Density Rating System; and, recreation/open space uses. Interchange Activity Center permits a full array of commercial, institutional & recreational, and residential uses at up to 16 Dwelling Units/Acre. Pelican Strand is an existing PUD and DRI approved for 30 acres of commercial in Activity Center #4; 1,200 Dwelling Units, at a density of 2.087 Dwelling Units/Acre; and, golf course & preserve - this PUD is consistent with the locational and density criteria contained in the FLUE. This amendment will decrease residential density, and allow for a re-allocation of 120 Dwelling Units. 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, a Historical/Archaeological Survey is not required. A~ ~Oa_~, 2 {qOV 0 5 2002 Pg._ EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The subject parcel is 5.6 acres and could support up to 120 residential dwelling units if the amendment is approved. The amendment also reduces the maximum number of dwelling units for the entire PUD from 1,200 to 1,160. That results in a reduction in the gross density from 2.087 dwelling units per acre to 2.017 dwelling units per acre for the entire PUD. Under the current PUD, the subject parcel could support a maximum of 140 hotel rooms. This would not change under the proposed amendment. However, the amendment allows onIy one or the other. If residential units are constructed on this site, the hotel could not be built, and vice-versa. The subject parcel falls within the limits of Activity Center Number 4, and therefore both residential and commercial uses may be permitted, according to the Future Land Use Element. Generally, a multifamily residential use generates less traffic than a comparably sized hotel. Therefore, if the residential option were used, traffic generation would be reduced from the hotel use that is currently permitted in the PUD. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An ElS was required and preserves were designated at the time of PUD rezoning. PLANNING SERVICES STAFF RECOMMENDATION: The proposed amendment to the Pelican Strand PUD reduces the gross density of the project and allows the potential for residential dwelling units to replace the hotel/motel use, thus reducing traffic generation. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1639 to the Board of County Commissioners with a recommendation of approval. NOV 0 5 2002 PP~?.&RED BY: F~ISCHL, AICP PRINCIZAL PLANNER DATE P~;VIEWED NT PLANNING MANAGER DATE DANTE APPROVED ~ffs~ r. sc~m~r / ~3kTE' C(D~I)ilvl-UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR P~tition P,_Z-2001-AR- 1639 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/c urrent/reischl/rezones/S trand/sta ffreport/RZ-2001 -AR- 1639 4 NOV 0 5 2002 rVIEMO NDUM TO: FRO1VI: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMLrNrTY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 16, 2002 PETITIONS: PUDZ-2001-AR-1639 THE STRAND * SUPPLEMENTAL OWNERdAGENT: Agent: Owner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 The Strand LTD A Florida Limited Partnership by The Strand Development Corp. of Naples, A Florida Corp., its General Parmer 5692 Strand Court No. 1 Naples, FL 34110 REQUESTED ACTION: The petitioner wishes to amend the Pelican Strand PUD to include residential uses within the Interstate Activity Center portion of the PUD and to reduce the maximum number of dwelling units from 1,200 to 1,160. In addition, changes in the amount of office and retail uses are requested. GEOGRAPHIC LOCATION: The property is located in the northwest quadrant of Immokalee Road and Interstate-5 NOV 0 § 2002 ?UP~@$E/DESCl~?TI@N OF P~O.~CT: The petitioner proposes an amendment to the PUD, which wouId permit up to 120 residential dwelling units within the Activity Center District. If the option to build the residential units were exercised, the 140-unit hotel/motel would not be permitted. The petitioner also proposes to reduce the maximum number of dwelling units from the currently approved 1,200 dwelling units to 1,160 dwelling units. The petitioner also proposes a reduction of the retail area from 16 to 12 acres (a reduction of 4 acres) and an increase in the office area from 8 to I2 acres (an increase of 4 acres). The petitioner also proposes a reduction in the gross square footage of retail from 120,000 to 90,000. A2~ALYStS: The subject commercial parcel is 5.6 acres and could support up to 120 residential dwelling units if the amendment is approved. The amendment also reduces the maximum number of dwelling units for the entire PUD from 1,200 to 1,160. That results in a reduction in the gross density from 2.087 dwelling units per acre to 2.017 dwelling units per acre for the entire PUD. Under the current PUD, the subject parcel could support a maximum of 140 hotel rooms. This would not change under the proposed amendment. However, the amendment allows only one or the other. If residential units are consta'ucted on this site, the hotel could not be built, and vice-versa. The subject parcel falls within the limits of Activity Center Number 4, and therefore both residential and commercial uses may be permitted, according to the Future Land Use Element. Generally, a multifamily residential use generates less traffic than a comparably sized hotel. Therefore, if the residential option were used, traffic generation would be reduced from the hotel use that is currently permitted in the PUD. The change in square-footage requirements for the commercial parcel results in a net increase of 40,000 square-feet of permitted office area. Whether or not the sites can support an additional 40,000 square-feet will depend on parking, landscaping, engineering and other Site Development Plan related issues. The Traffic Impact Statement supports the petitioner's contention that the proposed changes will reduce the number of trips generated. ... NOV 0 5 2002 ?LANNING SERVICES STAFF REC@MI~IENDATION: The proposed amendment to the Pelican Strand PUD reduces the gross density of the project, changes the square-footage of office and retail uses, and allows the potential for residential dwelling units to replace the hotel/motel use, thus reducing traffic generation. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2001-AR-1639 to the Board of County Commissioners with a recommendation of approval. PREPARED BY: PI~'q~IPAL PLANNER DATE NOV 0 5 2002 FETITI~ON ?UDZ-2~,t~ARo16~9 Section 2.7.2.5. of the Collier County L~d Development Code requires that ~he repo~ ~d rocor, halations of the Planing Co~ssion to the Bo~d of County Co~ssioners sh~l show that the Planing Co~ssion h~ studied ~d conside~d ~e proposed chug, in relation to the ~llowing, where applicable: 1. Whether the pro.sod change will be consis~en~ poi/c/es and Future Land Use Map and the elemen~ Plan. ~c ~tition is consistent wi~ ~e Collier County Growth M~agement PI~. The ex/sting lan~l use patlern; Pro: The parcel is within an Activity Center, which permits mixed uses. parc"-'-el is directly adjacent to Residential and Golf Course uses. The subject Con~: Evaluation not applicable. Summary Finclinas: The proposed land use is consistent with the land use pattern in the The possible creation ~3f an isolated district unrelated to adjacent and nearby districts; Pro.' An activity center is designed as a mixed-use area of residential and commercial uses. Con: Evaluation not applicable. Summary Findines: The proposed amendment related to adjacent districts and will not create an isolated district. Whether existing district boundaries are illogically drawn in relation to e~isfing conditions on the proper~y proposed for change. Pro:. The proposed district boundaries are logically drawn. Con: Evaluation not applicable. NOV 0 5 2002 3. e Summary Findings: The current district boundaries are logically drawn, ,the proposed amendment will add a use, which is consistent with the Future Land Use Element. Whether changed or .changing condit{Gns make the passage of the proposed amendment necessary. Pro: The property owner believes that the property may best be utilized as residential, as allowed by the Growth Management Plan. No other conditions have changed. Con_=._2 Evaluation not applicable. Summary Findings: Changing conditions have not resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro.:. If the amendment is approved, the petitioner could build a hotel or a residential structure on the parcel. A multi-family residential building would have less of an impact on the neighborhood. Con: The amendment does not eliminate the hotel use. A hotel could still be built on the site. Summary Findings: The proposed rezone will have an impact on the neighborhood. If a residential use replaces a commercial use, the current intensity of the site would be reduced. 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. Pro: Construction of a multi-family residential building on the parcel will result in generation of less traffic, compared to a hotel. Con: The amendment does not eliminate the hotel use. A hotel could still be built on the site. Summary. Findings: Residential uses are usually lower traffic-generators than hotels. This use would lessen the traffic impacts that are currently approved on the parcel. 2 i' ACtA IT~ ~ 12.5 2002 the propo~ed change w[,[~ cveate ~ dm~e pmob~em; 10. 11. Pro. i_A The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance with the permit. Con: E(,aluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems will not be created when construction is done in accordance 'with the permit. Whether the proposed~ change will seriously reduce light and air to adjacent areas; Pro: The proposed residential use and/or hotel will be required to meet building setbacks a_rld height restrictions. Con___~:: Evaluation not applicable. Summary Findings: All projects in CoIlier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent Pro: This rezone may eventually permit construction of a residential building within an activity center and adjacent to residential uses and residential-accessory uses. Con___A Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, if a residential use is constructed adjacent to a residential neighborhood, it may affect property values as compared to a hotel. Whether the proposed change wiltl be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. AGEI~A ITEM 12. 13. 14. 15. Summary Findings.;. Development of adjacent properties in accord~ce with existing regulations will not be affected. ,, Whether the proposed change will constitute a gran~ of spec~ gr~vi~ege ~o ~n individual owner ~s contrasting wi~h the public welfare; Pro/Con: Evaluation not applicable. Summary Findines: The proposed rezone is in compliance with the Growth Management Plan. Therefore, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property canno~ be used ira accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property still could be used as a hotel, as permitted under its current zoning. However, the petitioner wishes to have an option to use the property for a residential use. Whether the change suggested is out of scale with the needs of the neighborhood o~' the County; Pro.' The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: Staff's analysis indicates that the rezone is consistent with the Growth Management Plan, as amended; and serves the needs of the neighborhood and the County. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already l~errnitting such use. Pro/Con: Evaluation not applicable. Summary FindinRs: There are many similar parcels in the County. The petitioner wishes to utilize the option to construct residential uses on this parcel. 4 NOV 0 § 2002 17. The physical characteristics of the proper~y and the degree of site alteration which would be required t~ make the property usable lo~ any ~ the ~a~e unde~ the proposed ~,ning Pro/Con: Evaluation not applicable. Summary Findings: The subject property is undeveloped. While site conditions may restrict the location and square-footage of the residential buildings or hotel, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services cons/stent with the levels of service adopted in the Collier County Growth Management Plan am/ as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a hotel or a multi-family residence. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. 5 NOV 0 5 2002 Via E-Mail fredreischl@colliergov.net October 18, 2002 Mr. Fred Reischl, Principal Planner Collier County Planning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re~ The Strand DRI/PUD PUDZ-AR- 1639 HM File No. 2001117 Dear Mr. Reischl: Attached is the revised PUD Ordinance for The Strand Ordinance Number 97.75 with the changes we discussed which include the following: 1. Allow 120 residential units to be developed on a portion of Tract C-1 in lieu of 140 hotel/motel units. 2. Reduce the retail acres from 16 to 8 and square feet from 120,000 to 90,000. o Increase the office area from 8 to 12 acres and increase the office area from 80,000 square feet to 120,000 square feet. In the event a portion of Tract C-1 develops with office uses the maximum area allocated to office use will be 18 acres, as an alternative to residential or hotel/motel uses. The development intensity/trip generation will be reduced as a result of the above changes which also include reducing the number of dwelling units from 1200 to 1160. In closing, there are about 7 acres remaining to be developed in The Strand that are not built upon or do not have SDP approvals. The PUD amendment if approved on the remaining 7 acres would allow for an additional 25,218 square feet of office area to be built and 16,463 square feet of retail to be built or converted to office use. I consider this to be reasonable development intensities for the remaining vacant acres in the PUD and are less intensive than the current PUD allows. In my research on The Strand PUD, I have determined that the 8 acres of office area and 80,000 square feet currently permitted by the PUD have been exceeded by 2,865 square feet and by .30 acres. It should be noted that 2 SDP's previously approved for 18,066 square fe lq0V 0 § 20O2 Mr. Fred Reischl, Principal Planner Collier County Planning Services The Strand DRI/PUD PUDZ-AR-1639 October 18, 2002 Page 2 of 2 #5) and 3,300 square feet of office on (Lot #2), are included in the 82,865 square feet of office area, which do not include banks which may be categorized as retail/service. If you have any questions or comment, please do not hesitate to contact me. Very truly yours, Hole Montes Inc. Robert L. Duane, A.I.C.P. Planning Director RLD/mjr Attachments Cc: Paul Hardy G:\CurrenfiRei schlXPUD\Strand~duane Itr.doc NOV 0 5 2002 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: pUDZ-20¢l-AR-1639 Date Petition Received:. PROJECT #2001100068 DATE: 10/22/01 Planner Assigned: ~ FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) The Strand LTD, A Florida Limited Partnership by The Strand Development Corp. of Naples, A Florida Corp., its General Partner Applicant's Mailing Address 5692 Strand Court #1 City Naples State FL Zip 34110 Applicant's Telephone # 941-592-7344 Name of Agent Robert L. Duane Agent's Mailing Address 950 Encore Way City Naples Agent's Telephone # Fax # 941-592-7541 Firm Hole Montes, Inc. State 941-254-2000 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 HEARING FOR PUD REZONE - 10/98 PAG NOV 0 5 2002 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Home~)wner As~oc[~t~.o.a: the Strand Commercial Association, Inc. (under the Master Association) Mailing Address 5800 Strand Blvd. City Naples State FL Zip34110 Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name ef l¥Iaster Assoe[~tt[en: Pelican Strand Master Property Owners Association, Inc. Ama.: Dorrill Community Management Inc. Mailing Address 5800 Strand Blvd. City Naples State FL Zip 34110 Name of Civic Association: Pelican Strand Master Property Owners Association, Inc. Attn.: Dorrill Community Management Inc. Mailing Address 5800 Strand Blvd. City Naples State FL._.L~ Zip 341 I0 Bisc[osure ef Interest Informatiem 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 APPLICATIGN FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 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 Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do eo 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 Pelican Strand Development Corp. General Partner 5692 Strand Ct. #1 Naples, FL 34110 Percentage of Ownership 10% Stephen Tavilla, Trustee (Ltd. Ptr.)(Strand Ltd,) 90% One Nagey Park Action, MA 01720 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 APPLICATION FOR PIJBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: NOV O 5 2002 PAGE 3 OF ~ f. parties, list all If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address ' Date subject property acquired (x) 11/11/95 leased ( ): 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 final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed iega~ description ef the l~roperty 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: I§ & 19 Township: 48 South Range: 26 East Lot: Block: Subdivision: Pelican Strand OR ~tat Book 2569 Page #: 43_.__2_7 Property I.D.#:6667970005 Metes & Bounds Description: See-attached legal for PUD in entirety. See attached platted Tract G-7 S'tze of proCer~: fi. X fl. = Total Sq. Ft. Se_~_plat Acres 5.62. Address/general location of subject property: 5648 Strand Court, Naples, FL 34110 See platted Tract G-7 APPLICATION FOR PUBLIC FIEAR~IqG FOR PUB' REZONE - 10/98 PAGE Adi~cenl~ .r...oning ~nd l~nd use: N S PUD E PUD W PUD Tract G-7 as depicted on the PUD Master Plan Zoning Land use PUD N.E. Golf Course N.W. Residential Commercial SE & SW 1-75 NW Residential / SW Commercial 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). 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 PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Platted Tract G-7 is vacant Proposed Use (or range of uses) of the property: 120 residential units in lieu of 140 motel/hotel units at the option of the developer. However, other commercial uses are also permitted on Tract G-7 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 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. blOV 0 5 2002 PAGE 5 OF 17 Standard Rezone Cot~sideratio~s (£DC gectior~ 2. ZZS) 1. F~e~her the proposed change will be consistent with the goals, objective& and policies and fi~ture land use map and ~he e&men~s of the ~owth management plan. The existing land ~se pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. ~ether existing district boundaries are illogically dr~n in relation to existing conditions on the proper~ for the proposed change. 5. F~ether changed or changing conditions make the passage of the proposed amendment (rezonO necessary. 6. Y~ether the proposed change will adversely influence living conditions in the neighborhood 7. ~ether the proposed change will create or excessively increase ~affic congestion or crea~e ~pes of traffic deemed incompatible with surrounding land use& because of peak volumes or projected ~pes of vehicular traffic, including activi~ during co~truction phases of the development, or othe~ise affect public safe~. & ~ether the proposed change will create a drainage problem. 9. ~ether the proposed change will seriously reduce light and air to adjacent areas. 10. ~ether the proposed change will seriously af~ct proper~ values in the adjacent area. 11. ~ether the proposed change will be a deterrent to the improvement or development of adjacent proper~ in accordance with existing re, lotions. 12. Y~ether the proposed change will constitute a ~ant of special privilege to an individual owner as contrasted with the public we~are. 13. ~ether there are substantial reaso~ why the proper~ cannot be used in accordance with existing zoning. 14. ~ether the change suggested is out of scale with the nee& of the neighborhood or the CO~. 15. ~ether it is impossible to find other adequate sites in the coun~ for the proposed use in dis~icts already permitting such use. 16. The physical characteristics of the proper~ and the degree of site alteration which wouM be required to ma~ the proper~ usable for any of the range of potential uses under the proposed zoning class~cation. AGE~ I~ NOV 0 5 2002 APPLICATION FOR PUBLIC FIEARING FOR PUD REZONE - 10/98 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 (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of deveIopment 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 PUD with the goals, objectives andpolicies 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. 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. o APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 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 restric ),,,,s. ,~o~.~_A ~.J~ NOV 0 5 2002 10. Previous land use ~efit~ons on the subject vror~er~: 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? N/A 11. Addifiona! Submit~tli requirements: In addition to this completed ~,pplicatio'n, the following shall be submitted in order for your application to be deemed su~cient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) 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), o all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], o 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. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION 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 their 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,~d_a calculation and location(s) of the required portion of native vegetation to be ~eser')~:~ (per LDC Section 3.9.5.5.4.). o PumCa .m o euna zo. -10* i 5 2002 PAGE 8 OF 17 d. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; . f. 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); g. 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. h. An electronic version of the PUD on a disk as part of this submittal package. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 2002 TRAFFIC IMPACT STATENIIENT (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 TlS shalli incllude the following: Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (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. 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. 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR PU~ REZONE - ! 0/9/t NOV 0 5 2002 PAGE 10 OF 17 TRAFFIC IMPACT STATEMENT CI'IS] STANDARBS: The following standards shall be used in preparing a TIS for submit'mi in conjunction with 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. 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. 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 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. 2 Miles 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 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 REZONE - 10/98 Intersection Anah's{s: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to ~'xceed 1,200 Vehicles Per Hour (VPH). ~. ..~ _~.0,~, NOV 0 5 2002 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. Ii. Pro.iect 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 APPLICAT[GN FOR PUBLIC HEARING FOR PUD REZONE - 10/98 AGENC)A IT~, N~.,/ 0 5 2O02 PAGE 12 OF 17 STATEMENT OF UTILITY PROVI[SI!ONS FOR PUD REZONE REOUEST NA1V[E GF APPLICANT: T~te Strand LTD~ A Florida Limited P~rtnerskil~_~b _ Tk._~_~e Strand MAILING ADDRESS: 5692 Strand Ct. #1 CITY Naples STATE Florida ZIP 34H0 3 . ADDRESS OF SUBJECT PROPERTY (I~F AVAILABLE): LEGAL DESCRIPTION: Section: 18 & 19 To~vnship: 48 South Lot: BRock: ~ OR Book 2569, Page #:437 Metes & Bounds Description: Subdivision: Range: 26 East Pelican Strand Property I.D.#:6667970065 See attached legal for PUD (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Ckeek applicable system): COUNTY UTIiLITY SYSTEM [] b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT ['"3 capacity) e. SEPTIC SYSTEM ['-] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b o CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: As previously approved. ~ppLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/9.8. PAGE 13 NOV 0 § 2002 F l7p.~~ PEAK AND AVER&GE DAILY DE~L4NDS: ? c~. A. WATER-PEAK As avl~roved AVEI~GE DAILY Afl B. SE~-PEA~ ~~ved A~GE D~LY IF FROFGSING TO ~E CONNECTED TO COLL[ER'COUNTY ~G[GNAL WATER SYSTEM~ FLEAsE PROVgDE THE DATE SERVICE BE ~QUI~D: . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as' 'well ~-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. It. 12. Utility Provision Statement }*~M 10/17/97 COLLtEi~ COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, va-itten 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 agreemen~ that the applicable system development charges and connection fees will be paid ta the Co .unty 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. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PI:~OVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any Iirovider' other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided, k APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 2002 PAGE 14 OF 17 PUD REZONE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF NOT "] REQUIREMENTS COPIES qVXm D 1. Completed Application 20* ... 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans 20* 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee and Data Conversion Fee Check shall - be made payable to Collier County Board of Commissioners 14. Other Requirements- * Documents required for Long-Range Planning Review * 1 additional copy tg 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 PUD REZONE - 10/p8 Date PAGE 15 Ol 17 ITEM ,~OV 0 5 2002 _ AFF~A VIT am/are the owners of the property descr..Jbed herein and which is the subject matter of the proposed hearing; that all th~';~n~brJ'to the question~'~h this application, including the disclosure of interest information, all sketches, data, and other supFlementary mat~er attached to and made a part of this application, are honest and ~'~e to th~best of our knowledge and belief. Weft understand that the informaffon requested on this application must'be complete and accurate and that the content of this form, whether computer generated or County printed shah not be altered. Public hearings will not be hdverh'sed until'this application is deemed complete, and all required information has been submitted. As proper~y owner Well further authorize any matters regarding ihis Petition. Signature of i~roperty Owner Typed or Printed Name of Owner ' Rebert L. Due.ne to act as cur/my re.~resentative in . Typed or Printed Name of ~ner The foregoing ir~trument was acknowledged before me this ,qJ /.~.~ '.~ :as iden~tflcation. who is pere°nall3fknown to me or has produced (Signature of Notary Public - &ate of Florida) (Print, Type. or Stamp Commissiom ~ ~~ Name of Notary Public) NOV 0 5 2002 PAGE 17 OF 17 pg.__ __ ORDINANCE 97- 75 AN ORDINB34CE AMENDING ORDINANCE N~4BER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY A14ENDING THE OFFICIAL ZONING ATLAS MAP(s) NUMBERED 8618N, 8618S, 8619N AND 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE IIEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN STP. AND, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 75 AND I~MORALEE ROAD (C.R. 846), IN SECTIONS 18 & 19, TOWNSHIP 48 SOUTH, RJLNGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 574.569 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-24, THE FORMER PELICAN STRAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc., of Naples, representing Pelic Strand, Ltd., petitioned the Board of County Commissioners to change t zoning classification of the herein described real property; NOW THEREFORE BE ~IT ORDAINED BY THE BOkRD OF COUNTY COMI~ISSIONERS COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 18 & 19 , Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD'* Planned Unit Developmen in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 8618N, 8618S, 8619N and 8619S, as described in Ordinance Number 91-102, 'the Collier County Land Developmen Code, are hereby amended accordingly. SECTION TWO: Ordinance Nun%bet 97-24, known as the Pelican Strand PUD, adopted on May 27, 1997 by the Board of County Co~missioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing Department of State. !ith ~e ~ ~j NOV 0 5 2002 pg. 3"7 PASSED ~ND DUL~ ADOPTED by the Board of County Commissioners of Collier Coun[y, Florida, this .3~ day of '~ , 1997. ATTEST: DWIGHT E.'BROCK, Clerk Approved as to Form and Legal Sufficiency : Assistant County Attorney f/PUD-96-I 1 (2) ORD~NANC£/ BOARD OF COUNTY CO}{MISSIONERS COLLIER COUNTY,, FLORIDA This ordinance flied with Secretary of S~ie's Office the /~dayof~ ,~ and acknowledgement of that filJng~.eceived tht~ .~ of ~ /~;~ , AGENDA ITEId . NOV 0 5 2002 PELICAN STRAND A PLANNED. UNIT DEVELOPM-ENT ,REGULATIONS AND SUPPORTING MASTER. PLAN ' GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF TH]E COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PELICAN STRAND LTD. 10621 AIRPORT-PULLING ROAD NORTH SUITE 1 NAPLES, FLORIDA 34109 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SbTrE 408 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMEND~ AND REPEAL NOTE: SU~BtlT AS A SEPAP.~TE DOCUMENT. DO WITH OTHER SUI~F~HSSION DOCUIHE~ STATE OF FLORIDA) COI/NTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the 'l~'entieth Judicial Circuit, Collier County, Florida, do hereby certify that foregoing is a true copy of: ORDINANCE NO. 97-75 Which was adopted by the Board of County Commissioners on the 25th ~ of Novenfoer, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of November, 1997. DWIGHT E. BROCK Clerk of Courts an~ '~lerk Ex-officio to Bda~d"0f County Con%miss ioner~ (By: Maureen KenYon*.'* . /* Deputy Clerk' *.' .... *~. ' NOV 0 5 2002 pgo'~ EXHIBIT A - P, EI'D ~5~g~ I~L~ At~ched NOV 0 5 2002 STATEmeNT OF COM'PLIANCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be kn Pelican Strand will be in compliance with the goals, objectives, and policies of Collier Cotmw as set Gro. wth Management Plan. Pelican Strand is a mixed commercial residential/golf and ~ssocia',ed recreatle project which will be consistent with the applicable elements of the Collier Growth Management Plzzt for following reasons: The property includes the entire northwest quadrant of the Imrnokalee Road interstate activky cent which accommodates the planned 30 acres of commercial land ,uses. The remaining 169.3 acre. s of project area within Section 19, Township 48 South, Range 26 East, lies within the 1-75/Immok~lee Road density band, which makes these lands eligible for a 7 unit per acre density, or l,lg5 u-nits, p) lands within Section 18, Township 48 South, Range 26 East, are 375.269 acres in area, and ~re elig for the Urban Area Base Density of 4 dwelling units per acre, or 1,501 units. The total 544.569 acre ofproject are~ are thus ~ligible for 2,686 units, or 4.93 dwelling units per acre. This residential development density eligibility is substantially greater than the planned 1200 )units or 2.2 units 1: The 30 acres of project area wbdch lie within the intemtate activity center are planned for mfxed commercial, transient lodgings, and institutional uses, as is indicated to be approp~ate by the Future Land Use Element Traffic ways, utilities, and o~er public facilities necessary to ~erve : . ,~ · adequate. Pelican Strand will ,,,~;,-; ...... ,-- · ~ the Pal,can SU~n~ preject are ira-act - '~ r. -,.-.' . '~ ..... {~'~'~ '" u,eexp~s~on ofexisti~ ublic '" ' o ~e e~ent p on mose tacmues vm payment of impact fees. g p facmt~es t . ~ of ~e Pellc~ S~d project Mil be compatible M~ ~d complimen~ to existing ~d pl~ uses in the vicini~. . SHORT TITLE This ordinance shall be known ~.qd cited ~ the "PELICAN STKAND PLANNED UNIT DEVELOFMENT ORDINANCE". NOV 0 § 2002 [.l 1.2 SECTION I PROPERTY OWNERSHIP, LEGAL AN~ GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of PELICAN STRAND. LEGAL DESCRIPTION A tract ofl~d situated ir~ Sections 18 and 19, Township 4§ South, Range 26 East, Collier County, Florida, said tract lying West of Interstate 75 and being more particularly described as follows: Commencing at the southwest comer of Section 19, Township 48 South, Range 26 East and being t North right of way line of Cotmty Route 846 (100' wide), thence along Road R/W South 890 20'28' East a distance of 1890.22 ft. to a point, thence Nor, h 00° 21 '54" East a distance of 100.00 ft to a pc on the north edge ora canal easement and the TRUE POINT OF BEGINNING. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 rind or Book 365 Page 414, Collier County); the following six (6) coumes and distances; South 890 20'28" East a distance of 750.00 feet to a point on the ¼ section line,; Thence; South 89o 21 '04" East a distance of 267.46 feet to a point; Thence; North 47~ 51 '05' East a distance of 268.82 feet to a point; Thence; North 140 05'43" East a distance of 502.45 feet to a point; Thence; North 09Q 23'06' East a distance of 439.38 feet to a point; Thence; North 04Q 36'19" East a distance of 671.26 feet to a point; Thence; South 890 26'00" East a distance of 109.07 feet to a point on the west right of way line of Interstate 75 (Or Book 365 Page 410), Thence; North 00° 36'29" East a distance of 3443.60 feet along said right of way to a point on the m: line of S~tion 19 Thence; North 00° 36'21" East a distance of 1475.86 feet to a point Thence; North 00° 36'21" East a distance of 1190.58 feet to a point on the e~st west 'A line of Se~idt Thence; North 00° 36'21" East a dimanee of 2666.77 feet to a point on the north line of Section 18, Thence; North 81P 31'41" West a distance of 836.37 feet along said north s~tion line to a point marking the north 'A comer of get.-tion 18, Thence continue; North 811Q 31 '41" West a dimance of 2627.43 feet along aaid ae~don line to a point marking the northwest comer of Se~tiun 18, Thence; South 00° 34'00" West a dio, ..... t"~ ...... '. . mancmg the west ,/, comerofSection 18, [ ~.~.~ff -- point Thence continue; South O0° 34'00" We--~ os ..... :-~ ....... t . No.~ ' rn~4dng the southwest comer of Section 18, NOV052002 [.3 Thence; South 890 09'52" East along the south line of Section 18 a distance of 1983.97 feet to a pc Thence; South 89e 09'52" East a distance of 64g.71 feet to a point on the north south ¼ section linc Section i 8, Thence; South 00°21 '54" West along said ¼ section line a dis~.nce of 1715.95 feet to a po/at, Thence; North 890 20'04" West a distzace of 750.00 feet to a point, Thence; South 09° 21 '54" West a distance of 3505.96 feet to the point of beginning and containing acres more or less. PROFERTY OWl~ RS FFI-p The subject property is owned by Pelidan Strand, Ltd., Suite 1, 10621 Airport Rd. North, Naples, Florid~ 34 i 09. GENr~RAL DE$CR['PT,~ON OF PROPERTY AREA A. The project site is located in the northwest quadrant of the 1-75//mmokalee Road interchange. Co Do The zoning classification of the project prior to approval of this PUD document was "Planne, Unit Development". ' T~e project lies within Water Management District No. 7 and within the Cocohatchee River water, bed. Drainage from the property will discharge into the hru~okalee Road C~aaal, thence westerly in the Immokalee Road Canal to the Cocohatchee River tidewater, which connects tc GuJfof Mexico via Wiggins Pass. Water management for the project will be of the constructed Ir&e and preserved natural wetlar retention type. Storm waters which exit the site will do so via a control structure, which will b authorized as a pan of water management permits issued by Collier County and Lhe South Florida Water Management District. DEVELOL~I~.~gI~TT OF RRG][(~N ,AL [R,fPA~ The Pelic,~n Strand project wrill b~ ~u expr~aded v~mion of the prrciously at PUD/DRI. No cha~ge has occurred to the previously approv~ ptoj~'t ~ I-2 Topography within the project is relatively level, with surfa~ elevatior~ ranging fxo~ 12 feet to 14 feet above mean sea level. The entirety of thc site lies with~ Flood Zo~. "X" a~ording to FIRM Map 12006700215D, dated J'uae 3, 19§6. Soil types within the project include Hailandale fine sand (approximately 30%), Fdvi~ra fmc sand, limestone subsR, atum (approximately 20%), Basinge~ fine sand (appro×hnatel¥ I5%), Boca fine sand (appmxim,~tely 15%), Boca, Riviera, lim~tone substmtt~n and Cop~land fine sand depressional (approximately 12%), Holopaw fine sa.ad, lim~stane substratum (approximately 4%), Holopaw fine sand (approximately 3%), md P[~d~ f~- s~.nd, limestone subsL~at~m (approximately 1%). ' _2oo2 1.6 previously approved Ig-hole golf course is being lengthened so as to be a 27-hole golf'course. Th~ previously approved 680 residential dwelling units are being increased to 1200 units. T~e origin2 PUD/DPd included 30 acres of mixed commercial development. No change is being made to the 2 area boundary. Uses permitted in the 30 acre commercial area include 120,000 sq. ft. of'retail/sev commercial, 80,000 sq. ft. of office commercial, and 140 hotel/motel rooms. Additional lands tony be acquired and incorporated in the Pelican Strand project at a future date. S expansion of the project will necessitate an amendment of this PUD document, of the PUD Mastez and if appropriate, of the DRI development Order. Any development thresholds e~eed, ing th,ose authorized under Ordinance Number 96-65 may not' constructed prior to approval oran ^menament to the Pelican Strand DRl/Development Order 96 ' Resolution 96484 establishing density consistent within those of this PUD. Furthermore, the requirements set forth in this PUD Ordinance shall be altered through the PUD Amendment proces should it be necessary to ,make it consistent with any future amendments to the DRI Development ( DENSITY The total acreage of Pelican Strand is approximately 575't- acres. The maximum number of dwelling units to be built on the total acreage is 1200. The number ofdwelling units per grc acre is approximately 2.09 units. The density on individual parcels of land throughout the p may vary according to the type of housing placed on each parcel of land. Con-unercial uses occupy approximately 30.0 acres with' a maximum gross leasable floor area of 120,000 squa~ feet of retail/service commercial, 80,000 square feet of office commercial, and 140 hotel/mo rooms. These described land uses are set forth on the PUD Master Plan, Exhibit "A". At all times, all of the properly included within the Pelican Strand PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public.roadways, easements, reserves and landscape buffers. NOV 0 5 2002 2.1 2.3 2.2 SECTION II PROa-ECT DEVELOPI~ENT PURPOSE The purpose of this section is to generally describe the project plan of development, rel~tio.~hips applicable Cotton7 ordinances, the respective land uses of the tracts included in the project, as wet~ other project relationships. GENERAL Ao Co Do Developmem of Pelican Strand shall be in accordance with the contents of this Planned Unit Development document and applicable sections of the Collier County Land Development t~. and Growth Management Plan in effect at the time of issuance of any development order, but not limited to Final Subdivision Plat, Final Site Development Plan, Exczvation Permit, ,~ Preliminary Work Authorization, to which such regulations relate. Where these regulations fi provide developmental standards, then the provisions of the most similar district/~ the Cotmt Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same ~s the defi~.[tiong set for in the Collier County Lad Development Code in effect at the time of building permit zpplic~ Ali conditions imposed and all graphic material incorporated in this PLrD docu.~¢nt sh~ll bec.. part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, whcr~ applicable, rems-in in full force and effect with respect to the development of the land which comprises this PUD. Eo Development p~ra~tted by the approval of this pe~i~ion, will be subj~-'t to concm~r~azy r~view uader the provisions of Division 3.15, Adeqm~ Public F~cilifies, ofth~ LDC ~t the e~lies~ or next to occur of either t:in~! SDP approwl, 6n.[ plat approval, or building permit isse~c$ applicable to this development. DESCRIFTION OF PROJECT PLAN AI~ PROPOSZD ~ USES A. ~ pmj~ M~ P~ ~clud~g Isyo~ of~ ~d ~o ofl~d for ~ v~o~ ~, lily.ted ~ph~lly by Exhibit "A", ~ P~ M~er Fl~. ~e n~ ~d c~e~ ~ ~e project ~s Mdi~ted by ~e follo~g ~ble:~A I~. 0 5 2002 MAXIIV/UM LAND USE INTENSITY SUM'MARY USE MAX. D.U.'s ACRES Residential 1200 158.5 Golf Course/Buffers N/A · 203.3 Lakes N/A 73.7 Preserves N/A 82.8 Roads N/A 26.3 Commercial N/A 30 Tetals 1200 S74.6 +/- 30 ACRE COMMERCIAL AREA COMPONENTS USE MAX. G.S.¥. Retail/Serv/ce 120,000 Office 80,000 Hotel/Motel 140 Rooms 2.4 RELATED PROflECT PLAN APPROVAL REQUIREMENTS Prior to thc recording ora Record Plat, and/or Condominium Plat for all or part of thc PUD, f plans of all required improvement.~ shall receive approval ofthe appropriate Collier County governmental agency to insure compliance with thc PUD Masm' Plan, the Collier County Subdivision Code, and the platting laws of the Stat~ of Florida. Bo Exhibit "A", the PLrD Master Plan, com~/tutea the required PUD Development Plan. Subseqv to or concurrent w/th PUD approval, a Preliminary Subdivisior Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan development of the land shall be in compliance w/th D/vision '. Development Code, and the platting laws of the State of Florid Any division of property and t; 2.5 2.6 2.7 Co The provisions of Division 3.3 of the Collier County Land Development Code, when ~pplic~ shall apply to the development of all platted tract~ or parcels of land as provide in said Divis prior to the issuance ora building permit or other development order. Thc developer of any tract or pzxcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive appr ofa Preliminzxy Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction pl~.n~ and a fix plat for any portion of the tract or parcel. Utility, road, public, private, etc. easements shall be. established as required d,,~ing the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infr~tructuxe improvement~ reg~xdir dedications and t,hl: method for providing perpetual maintenance of common facilities. MODEL HOMES/SALES OFFICES Model home, sales centers and other uses and structures related to the promotion and sale o£rea[ estt such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, be permitted principal uses throughout Pelican Strand Community subject to the requirements of Section 2.6.33.4, of the Collier County Land Development code. AM'END?efENTS TO PUD DOCUrvgENT OR PLrD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Lend Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Most common area maintenance will be provided by the Pelican Strand Master Prop~-y Association, Inc. (PSMA). The PSMA is a legitimate alternative for the timely anit s~tain~d provis/ of quality common arcs hafrastructu~ and mahtenance under the terms and condit/on~ ora developrncat~ approval. For those areas not ma/ntained by the PSMA, the Developer has created property owners association or associat/on~, whose functions shall include provision for th: perpcttu~ maintenance of common facilities and open spaces. The PSMA or the property owne~ as~oci&tion, applicable, shall be responsible for the operation, maintenance, and management of the ,urfacc water stormwater manzgement systems, and reservea serving Pelican Smd Commua/ty, ha aex. ordzmce wit the provisions of this PLrD and the Dill DevelOpment Order, together with *-ny applicable permits the Florida Department of Environmental Regulation, U.S. Army Corps ell[ nh,/n~ers~ and Seu'_~ Flor Water Management District. NOV 0 5 2002 pg.~'~ 2.g 2.9 LANDSCAPE BUFFERS, BERM, FENCES ANI} WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Pelican Strand Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed beans 4:1 2. Ground covered berms 3:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical Fenced or wall maximum height: six feet (6), as mcasur~ from the finished grade of the i at the base of the,fence or wall. For the purpose of this provision, finished grade shall be considered to be ho greater than eighteen inches (18") above the highest crown elevation o nearest existing road unless the fence or wall is constructed on a perimeter landscape berm these cases the wall shall not exceed six feet (ti') in height from the top of berm elevation ~' berm elevation with an average side slope of 4:l or less, and shall not exceed four feet (49 height from the top of bean elevation for berms with an average side slope of greater than (i.e. 3:1). Landscape buffers, beans, fences and walls may be constructed along the perimeter of the Pelican Strand Community PUD boundary pHor to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape buffer easeme on fma[ plats, or in a separate recorded instrument. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be a~ in landscape buffers subject to review and approval by the Pelican Strand Design Review Committee. DESIGN GUIDEL~'ES AND STANDARDS The Collier County Plumed Unit Development District is intended to encourage ingenuity, i~nova and imagination in the pla=,ming, design and development or redevelopment of relatively l~rge tract land under unified ownership or control, as set forth in the Collier County Land Development Code Section 2.2.20.1. Pelican Strand, Ltd. will estsbl~h supplemental design guidelines and ~ objectives by means of recorded covenants, condition.% and r~Itrictions U Review Committee for review and approval. The Pelican Strand Community is planned as a private, lar8~ scale, functionally interrelated commt under unified control, to be developed over an extended time period, Pelican Strand, LtL h~s established community-wide design guidelines and standards to ensure a high and consistent leVel quality for community f~atures and facilities, which include features and facilities such as landscap hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle pa~ roadway medians, fences, walls, buffers, berms and other similar facilitie, -' ABEl,IDA l~ ' ~ to achieVe the abo~. 2.10 GENERAL PERRilI'rED USES Certain uses shall be considered general permitted uses throughout the Pelican Strand Community except in the Preserve District. General permitted uses axe those uses which generally serve the Developer and residents of Pelican Strand Community and are typically pan of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Se 2.6.9.1. Water m?agement facilities and related sl'ructu~es. Temporary sewage treatment facilities. 5. 6. 7. Lakes including lakes with bulkheads or other architectural or structural bank treatm Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreationzl facilities, community cen~ers. Temporary consixuction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessea'y access ways parking areas ~d related uses. Landscape feaVares including, bm not limited to, landscape buffers, berms, fences ant walls subject to the standards set forth in Section 2.8 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development S~dard~: Unless otherwise set forth in this document, the following development stmdazds skall eppll, sl~'uctures: S~back ~"om pwpe~y lines - one half (I/2) the height of th ~nlm~ distanze be~,eea smlctur~ which ~ pert of sa grouphag - five f~et (5'). Setback from back of curb or edge ofpavem~t of say mad - fiReen f~ei (15') except guard houses, gatehouses, and access control stracm.res which shall have no required setback. Pg. 4. Minimum distance between un~elated structures - ten feet (lO'). 5. Minimum height of structures - twenty-five feet (25'). 6. Minimum floor area - none required. 7. Minimum lot or parcel area - none required. Sidewalks, bikepaths, and cart'paths may occur within County required buffers; how, the width of the required buffer shall be increased proportionately to the width of thC paved surface of the sidewalk, bikepath, or caztpath. Standards, for parking, landscaping, signs and other land uses where such standards not specified herein, are to be in accordance with the Collier County Land Developn- Code in effect at the time of Site Development Plan Approval. 2.11 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 574.6 acres included in the Golf Course../Recreation Open Space District, Reserve District, lakes, and miscellaneous open space/buffer designations. Th areas, in conjunction with the open space areas included within the Residential District, fully satisfy open space requirements of Section 2.6.27 and Section 2.6.32 of the Collier County Land Developn Code. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Section 7.10.A of this PUD, 25% of the viable naturally functioning native vegetation on site shall be preserved. AGENOA ITEM NOV 0 5 2002 3.1 SECTION III RESIDENTIAL DEVELOPM~ITr AREAS PU'RFOSE The purpose of this Section is to establish land use regulations and development standards for the reside,uial development tracts indicated as Tracts I through 15 on Exhibit "A', the PUD Mastt Plan. 3.2 ~ DWELLING UN~TS 3.3 The maximum number of dwelling units permitted in the fifteen r~sidential development tracts is 1200. Distribution ofth~ dwelling units among the various residential development tracts shall be governed by the 'rules and regulations set forth in this Section. GENEp~t~L DESCRI't~ION Areas designated "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible nonresidential uses, a full range of recreational facilities, essential scrvi and customary accessory uses. The approximate acreage of the "R' d/strict is indicated on the PUD Master Plan. TbJs acmzg¢ is I on conceptual designs and is approximate. Actual acreages of all development trac= will b~ provi¢ the time of Site Development Plan or Preliminary Subdivision Plat approvals in accor 'd~nce with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity lakes and water management facilities, and other similar uses found in residential areas. 3.,~ USES ?ER.M~TTED A. principal Uves 1. Single-family detached dwelling units. 2. Single-family patio and ~ lot line dwelllng~. 3. Two-fanfily ~nd dupleg dwellings. 4. Single-family attached tad townhouse dwellings. 5. Multiple-family dwellings including Garden Apamnen~s. 6. Any other principal us~ which is comparable in Development Servic~ Director determines to be compatible n the "R" DisU-i,~-l. NOV 0 5 2002 B. ,Accessory Uses 1. Customary accessory uses and structures, including attached or detached g~,-ages. 2. Guest houses, pursuant to section 2.6.14 of the LDC. 3. Common area recreational and utilitarian facilities. 3.4 Any other accessory use which is comparable in nature with the foregoing uses and w Development Services Director detemfines to be compatible in the "R District. DEVELOPMENT STANDARDS Co Table I sets forth the development standards for land uses within the "R" Residential Dism Site development standards for categories 1 -4 uses apply to individual residential lot bourn Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Pelican Strand Community design guidelines and standards, a in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, height~, and floor standards apply to principal structures. Do Development standards for uses not specifically set forth in Table I shall be established dur Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning dis~ic~ which is most similar to the proposed use. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Dirts. 3.3 of the Land Development Code. Fo Ho Offstreet parking required for multi-family uses shall be accessed by parking aisles or drive' which are separate fi'om any roads which serve more than one development. A gl'een spac~ ~ not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway fi'om any abutting road. Single-family patio and zero lot line dwellings ar~ identified separately from single-family d~ dwellings w/th conventional side yard requirements to distinguish these types of residences f purpose of apply/nE the development standards under Table 1. Patio and zero lot line dwellb shall be defined as any type of detached single family structure employing a zero or reduced; yard as set forth herein. Housing stmctur~ types including lot orientation for single-fan zero lot line versus non-zero lot line orientat/orm may not be m ly det~chea ttgusmg such xed'NOV 0 5 2007 TABLE I PERN/IT~ED USES AND STANDARDS Minimum Lot Area Minimum L~t Width Froet Yard Froa~ Y~rd for Side Ea~ Side Yard Rear Yard Principal Rear Y~rd Acc~o~ Rear Yard Distance P~ncip~ Floor Are= ~ia. (S.F.) PELICAN STRAND COI~MUNFi'T DEVELOPMENT ST/uNDARDS FOR "R" R~S[DENTL4dL AREAS SiNGLE FATIO & FA I~LY ZERO LOT DETACHED LENE I 2 6,000 SF 5,000 SF 60 50 25 '~ 20 '~ 10 10 5 0 or 5 's '~ 20 10 10 g~ !0 5 35 35 IO 10 1200 SF TWO FAMILy & DUPLEX 3 3,500 SF '4 35 20 '~ 10 0 or 7.5" 20 10 10 35 Oor 15 1200 SF 1200 SF S~GLE A'FFACHED AND TOWNHGUSE 4 3,000 SF 3O 20 '~ 10 0 or .5 BH '~ ~0 I0 10 35 .5 SBH 1200 SF 1;.4-LrL'g DWELL~ 5 ! AC 150 25 0.5 B~ BH .5 BH 35 .5 SBH 1000 SF NOV 0 5 2002 4.2 4.1 PURPOSE SECTION IV GOLF COURSE, OPEN SPACE DISTRIC~ The purpose of this Section is to set forth the uses permiued and development standards for the G Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees a~ shrubs shall be protected and presemed wherever practicable. PERMITTED USES A/VD STRUCTURES No building or structure,,or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for otMr than the following: A. Permitted Principal Uses and Structures 2. 3. 4. o Golf courses and golf club facilities, including temporary golfclubho~es. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage ranks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildLngs, utility and maintenance staffofflces. Public administrative facilities. Open space uses and s~uctutes such as, but not limited to, boa. rdwal~, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses ~cl which the Development Senhces Director determines to be compatible in the "GCO" District. Permitted Accessory Uses and Structures o Accessory uses and s~'uctures customarily a~sociated with the permitted in this district. Pro-shops, practice azea.~ ~d ranges, goifc,~t barn~, resq bas and golf course maiatcaance yards. princiI~al AGE~A I~ .~ rooms, she~rs, NOV 0 5 2002 65' Retail establishments accessory to the permitted uses of the district such as, but nc limited to, go/f, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members an~ club guests. Shuffleboard courts, tennis courts, swimming pools, and all o~er types of accessory facilities intended for outdoor recreation. Telecommunications facilities. 7. Any other accessory use which is comp~,'able in nature with the foregoing uses ant which the Developmen[ Services Director determines to be compatible i~ the "GCO" District. R ' DEVELOPMENT EGULATIONS Principal structures shall be setback a minimum of twenty feet (20') bom "GCO" District boundaries and private roads, and fifty feet (50') bom all PUD boundaries ~nd residential tracts. Bo Accessory structures shall be setback a minimum often feet (10') fi-om "GCO" District boundaries and private roads, and twenty feet (20') from ali PUD boundaries ~nd residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential prope~ies form direct glaxo or tmreasonable interference. Maximum height of structures 1. Principal Structvxe = 3 Stories Fo G. H. I. 2. Accessory Structures = 2 Stories Mhimum dis~e between principal or accessory structures which ar~ a p~"t of an arch/tecturally unified groupie8 . Ten feet (10'). Minimum distance between all other principal structu~s - Twenty feet (20'). M/n/mum distance between all other accessory sm~ctur~s - Tm feet (I 0'). Minimum floor area - Hone required. M/a/mum lot or parcel ar~ - lqoa~ requ/r~l. NOV 0 5 2002 Parking for the community center/clubhouse shall be One space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscap;~ng, signs and other land uses where such st~ndzrds are not specified herein, are to b~ in accordance with Collier County Land Development Code in effect at the time of Site Dcv¢lopment Plan approval. Unless otherwise indicated, required yards, heights, and Hoot area standards apply to principal structures. NOV 0 § 2002 5.1 PURPOSE 5.3 5.4 SECTION V PRESERVE DISTRICT The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habi[at incorporated in the Preserve Tracts. 5.2 GENERAL DESCRIPTION Areas d.egignated as Preserve on the M~ter Plan are designed to accommodate a full ra.~ge of conservation and limited water management uses and functions. The primary purpose of the Preset district is to retain viable navaxally functioning wetland upland systems, to allow for restoration and enhancement of impacted or de~aded wetland systems, and to provide an open speee amenity the enjoyment of Pelican'Strand Community residents. USES PER1VYITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other fl~an the following, subject to regional State and Federal permits when required; A. Principal Uses 1. Open Spaces/Nature Preserves. Small docks, pier~, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by pertaining agencies. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 4. Drainage, water meaggement, and utilitarian facilities, subject to all needed permits. DEVELOPI~EI~ STANDARDS Ao Setback requirements for all s~uctures shell be in accordance with Section 3.2.g.4.7.3, oft.he' Collier County Land Development Code. Rear yards for principal and accessory lots and tracts which abut a golf course, lake, non-jurisdictional open space or u~ive vegetati= .preservation exeas may be zero feet (0') except that an architectural bank treatmen~ shall be incorporated into the design. AGENOA ITE~ Lighting facilities shall be arranged in a maimer which will protect coadv{o}~s~ properiics from direct glare or unreasonab{e interference. ,., ~.~ NOV 0 5 2002 5-1 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier Cotmty Land Developmer Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a canservation easement may also be required by other regulatory agenc' s with jurisdiction ore Preserve District lands. In addition to complying with provisions oft, he ~ Development oilier County Land Code, said easement shall be provided in accordance with the te,"ms set forth in aw applicable permit granted by said agencies, and as set forth in Section 8.13 hereof. The develop~ its successor(s) or assigns, the Pelican Strand tdaster Properly Owners' Association, Inc., shall b.' for control and maintenance of lands within the Preserve District. NOV 0 5 2002 6.1 6.2 SECTION VI ACTIVITY CENTER DISTRICT The purpose of this Section is to identi~ the commercial uses a.nd development standards app{ the tracts designated on Exhibit "A" as Commercial. DEV~LOP/V~SIT I~{VI'PHAS [S The two commercial tracts constitute 30 acres of commercial development area. They ar~ lo,ate no~hwest quadrant of the i-7$/Immokalee Road inten:hange, which is a.u inte~h~g~. Activity Commercial developm'~nt is intended to be mixed, including services for highway travelers; shopping; financial institutions, o~ces, transient lodging facilities, and associated us¢~. the two commercial tracts is to be developed under a common architectural {~.ndscai~ theme, so as to serve 'he joint objectives ofa"ractiveness to patrons, and an atU'ac~{ve eutry feau the Pelican Strand residentia//golfing community. U$~S pE pj, f/-~ED The following ~es, as identified with a number bom the Standard [ndusu-ial CI~s/~cation Man,. ( I ~$7), or as other, vise provided for within this section, are pe.~nit~ed as of dgh~., or as 'uses acce~ permitted uses. I. Unless othe,'~ise provided for in this Section, al/petrol,ed uses of h% C-2 Convenience District. 2. Apparel and Accessory Stores (groups 56 ! 1-5699). 3. Auto and Home Supply Stores (553 I). 4. Bus/uess Scndc~ (gzoups 7311, 7313, 7322-733g, 7361-7379, 73114,7389 except ~u~/on~i s~rvice, field wa~housing, boric labeling, packaging and labeling, salvaging ofdamag~l rucr~handise, scrap steel curling and slitting). 5. Eating Plac,~ (5812 on{y). All ~blishmeuts eugaged in the r~l sale of alcoholic beverage: for ou-premise cousumption am subject to locatioual requirem~uts of Sec. 2.6.10). 6. Drinking Flac.~ (51113 e×cludiug bottle clubs). Al{ es'~ablishrn~ ~ ""~'~<gf~l~ul~l sa{{ of alcoholic beverages for ou ' -- S~c. 2.6.10). preruzse con~umptiou are subj~t to u iocl~.~zn~ur- Food Stores (groups 5411-5499). O~nmml M~-chandi~e Stor~ (groups 5311-5399) pg.~) __ 9. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26. 10. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). ! 1. Hotels/Motels (7011). 12. Libraries (8231). 13. Membership Organizations (8611-8699). 14. Miscellaneous Repair Services (groups 7629-7631). 15. Miscellaneous Retail (groups 5912-5963 except pawnshops and all uses dealing with seeor merchandise, $9~2-5999). 16. Motion Picture Theaters, except drive-in (7832). 17. Museums and Art Galleries (8412). 18. Non-depository Credit Institutions (groups 6111-6163). 19. Paint, Glass, and Wallpaper Stores (5231). 20. Personal Services (groups 7211, 7212, 7215, industri~_l dry cleaning only, 7221-7251,7291). 21. Public Administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores (5261). 23. Veterinary Services (groups 0742, 0752, excluding outside kenneling). 24. Video Tape Rental (71141). 25. United States Postal Service (4311 except major distribution centers). 26. 27. Any other general commercial use which is comparable in nature with the foregoing uses. 6.4 PERIH'ITTED ACCESSORY USES XN STRUCTURES A. Accessory uses and s'~u~es customarily ~ssociated with the u B. Essential services and facilities. 6-2 Words ~ are additions; Words st, ra~.'--th~ nr~- ~,.~,.*;~.~. s permitted m this Distt NOV 0 5 2002 6.5 DEVELOPMENT STANDARDS Ao Principal structures shall be setback a minimum of twenty feet (20') from "GCO" ~t~d PLE boundaries, private and public roads. lq. Accessory structures shall setback a minimum often feet (I0') from "OCO" b~'-,.tndari~ ~ private roads, and twenty (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways ~_nd re~idsnti properties fi.om direct glare or unreasonable interference D. Maximum height of'structures Retail\Service - 2 stories Ot'=ficekln~titutional - 4 stories 3. Hotel'uMote! - 7s~ories 4. Cornmun{cafiou Tower - 170 feet ta~ E. Minimum dist~ce between principal or accessory structures which are a pm--t of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all or,her principal structures - none, or a minimum of 10 feet ( with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area- None required. I. Minimum lot or parcel area - None required. J. St:tndards for parkinff, landscaping, signs and other land uses where such smacl~M$ are not specified herein are to be ia accordance with the Collier County L~d Developm~a~ at the time of Site Development Plan approval. Unless otherwise indicated, reqtfired yards, heights, and floor area sUmd,~rds apply to principal structures. K. All buildings, landscaping and visible infrastructut~ skll be architecturally and aesthetically unified. Said unified architectural theme shall include a similaz design, use of materiais and colors throughout all of the buildings to be erected on Landscaping and streetscape materials shell also be similar in de ^ =o cep a i . ter p an shall be su mi.ed COherent ith,o. for Site Development PI~ approval. 1~'~ NOV 13 5 2002 6-3 Wg.r_d_s ~ are additions: Wnrd..~,----~- ,~- ............ .=. 7.3 7.1 7.2 SECTION VII GENERAL DEVELOP1M[ENT CO~QHITIv[ENTS PURPOSE The purpose of this Section is to set forth the development commitment~ for the development oft project. GENERAL All facilities shall be constructed in str/ct accordance with Firml Site Development Plans, Final Subdivision Plats, md all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated o~herwise, the standards and specifications of the Land Development Cod~, Division 3.2 shall apply to this project even if the land within the PUD i not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulatiom the PUD as adopted, and any other conditions or modifications as may be agreed to in the re-zonin of the property. In addition, the developer will agree to convey to any successor or ~ssignee in title any commitments within this agreement. PUD MASTER PLAN Co Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use bound~es or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made fi.om time to time. All necessary easements, dedications, or other insmunents sh~ll be granted to insure the continued operation and maintenance of all servi~ utilities and all common arem project. The following shall be considered minor changes and refinements, subject to the limitations of PUD S~ction 7.3A: Reconfiguration of Peserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Recoafiguration of lakes, ponds, canals, or other water ma where such changes are consistent with the criteria of the Management District and Collier County, and where there encroachment into Reserve areas. 7-1 !agem~l~g~' 'tlli~ s no NOV 0 5 2002 3. Reconfigurat/on of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to tl PUD. $- Reconfigttration of residential parcels when there is no encroachment into Preser~ 7.4 SCHEDULE OF PROVISION DEVELOP1HENT/I~ONITORING REPORT AND SUNSET A. Initiation of construction on the Pc[lean S~nd project occurred in calendar year 1996, wi completion of the golf course and project infrastructure anticipated to ocmzr in calendar ¥~ Marketing of commercial and residential sites and golf course memberships began in calendar year J996, and is expected to be concluded in calendar year 2003. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Sectior the Collier County Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 at the Land Development Code, provision shall be made for the f~tt~re; space within a common building for the purpose of accommodating the function ofa.~ ele¢teral p~ place. 'An agreement shall be recorded in the o/~cial r~c~rds of the Cleii: of the Circuit Co~-'-t of Cotli~, County, which shall be binding upon any and all successors in interest that acquir~ ownership ofs~ common areas including, but net limited to, condominittm associations, homeowner associatio,-ts, community recreation/public buildings/public rooms or similar common facilities to be used for a t place if determined to be necessary by the Supervisor of Elections. 7.6 SUMDMSION REQUIRRlh~NTS AND STANDARD DESIGN SUMSlTI%JTtONa A. A perimeter berm along 1-75 My be ~per than provided for by Se~ion 2.4.4.14 of the LDC, provided that the Development Services Director determines that detailed dev¢lopm~ landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness. !. Tteas ~nd shnibs shall be plant~xl along the ba.~ ofthe L75 side of the b~rm, so as to visually soften the appearance of the ste~ sided berm. 2. Oround cover on the 1-75 sid~ ofth~ berm shall fora ~ ciensa Ai:I~I~IE~, mci' hall require mowing. 3. Tr~ shall b~ a mbainau=n of 75% native spc~cies. "("~' NOV 0 5 2002 4. Shnib~ shall be ~ minJraL=~-a of]5% zaative slc~cies. Pg.. ~ 7-2 Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 of the LDC except as follows: I. Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 4o All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving more than twenty-five (25) single family lots shall be require have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be r~uire have a sidewalk or bikepath provided ~he following conditions are satisfied: The right-of-way section shall include two twelve foot (12') wide travel lan~s, and b. the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the. right--of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sac and local streets less than one thousand feet (I,000') in length are requirec have a minimum forty foot (40') right-of-way width and two ten foot (10') wide trave lanes, subject further to the conditions of Section 7.6.B.4 of this PUD. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way width and two ten foot (10') wide travel lanes. All other local streets are required to have a minimum forty feet (40') rie~,t.-of-way an: two ten foot (I 0') wide travel lanes. Cul-de-sacs may ~ exceed a length of fifteen hundred feet (1500') Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four pement (4%) under Subsection 3.2.8.4.16.14 provided tl applicable Florida Depamment of Transportation, Manual of Uniform Miuimum S~nd~ (FDOT MUMS) and A. ASHTO criteria are met. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to a~d govem¢ conditions: 7-3 Words lmderlined are additions; Words ,st~,t.~w~_~h are deletions. AGENDA ITEM~... NOV 0 5 2002 A. A security, gatt ay be installed between the access to commemial area which is open general public, -id the residentiaYgolf club area. Streets which do not serve the general publ' may be private. Bo The reserved right-of-way along the north boundary of the project is to accommodate the sot half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to consC'uction ora road within this right-of-way, the Pelican Strand development spoasor, or assigns, may utilize the right-of-way on an interim basis for berm, buffer, gotf course rough, access corridor for maintenance equipment, etc. Upon notification by the County that mad construction is imminent, the right-of-way shall be dedicated to tho County, and interim utilization of the right-of-way by the Pelican Strand developer or his assigns shall be termi,, Said dedication procedures shall follow the provisions of Section 2.2.20.3.7 of the LDC. Co Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. Consistent with the County's Concurrency Management System, development of dwelling r' inexcess of 6g0 dwelling units shall be authorized for permitting if the Level of Service (LG either segment of Immokalee Rd. has not fallen below its adopted "LOS D", or improvemer have bcen commited through the County's Capital Improvements Program for said Widenln: 7.g WATEP~ MANAGEMENT 7.9 The development of this PUD Master Plan shall be subject to and governed by the follov~.ng conditions: A copy of the SFW1V[D Surface Water Permit or Early Work Permit with staff report is req~ prior to final coasiruction plan approval. Bo An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. UTILI~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Temporary construction and/or sales Wailers may use septic tar.ks or holdh'~g tan.~ for disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Bo Co Water distribution, sewage collection and transmission lines to serve the project are to be designed, consmacted, conveyed, and/or owned and maintained in accordance with Collier Ordinance No. gg-76, as mnended, and other applicable County rules and regulations. 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 the Counys established rates. 7-4 AG~A ITEM NOV 0 5 2002 Golf course rest ~',tions and maintenance buildings me : permitted to use septic tanks or holding tanks f, /aste disposal subject to permitting unuer F.A.C. 10D-6, and m~y use pota water and irrigation wells. The on-site water distribution system serving thc project must be connected to the District's v main and must be consistent with the main sizing requirements specified in the County's Wat Master Plan and extended throughout the project. During design of these facilities, the follo' features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to I property lines of the project at locations to be mutually agreed to by the County and tl Developer during the design phase of the project. The projecfs Developer(s), his assigns or successors, shall negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes The Developer would be responsible for providing all on-site piping and pumping facilities fi the County's point of delivery to the project the developer shall negotiate with the County to provide full or partial on-site storage facilities, as required by the DF.P, consistem with the volume of treated wastewater to be utili:,~,d. Irrigation water will be provided with a separate distribution system supplied by on-site wells: reclaimed water or another non-potable and water source. Ho The utility construction documents for the project's sewerage system shall be prepared so that sewage flowing to the County's master pump station is transmitted by one (1) main on-site station. Due to the design and configuration of the master pump station, flow by gravity into station will not be possible. The Developer's Engineer shall meet with the County staffprior t~ commencing preparation of construction drawings, s.o that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if'necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulicall~,t provide a sufficient quantity of water to meet the anticipated demands of the project and ,the District's existing committed capacity. The existing off-site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this project and improved as required outside the project's boundarl provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing tansmi-~sion facilities. 7.10 EI~v-IRO~AL The and development of this PUD Master Plan shall be subject to and governed by the following conditions: 7-5 AGENDA I~.. No._.~ ~ NOV 0 § 2002 ............... . .~,,,,,.,,,,-.~ o,,o. ~,~ .. o,-,,wu~,a;= wtul m= orate o! tqonoa I:nvlronment~l Resource Peru .ales and be subject to review and ap. iai by Current Planrfing Envimnr Review Staff. Removal of exotic vegetation shall not be ,he sole mitigation for impacts to ( County jurisdictional weti~ds. All conservation areas shall be recorded on the plat with protective covenants per or similar Section 704.06 of the Florida Statutes. Conservation areas sh~ll be dedicated on the plat + project's homeowners association or like entity for ownership and m~.int.~n,'m~ respo~i[ and tn Collier County with no responsibility for maintenance. Buff'em around preserved jurisdictional wetlands shall be in accordance with the State of Fl Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding 1 shall be incorporated in Consetw.ati0n Areas which shall be plated per Psr~ff~ph C above. An exotic vegetation removal, monitoring, and maintenance (exotic-free) pl~n for the site, '. emphasis on the conservation/preservations areas, shall be submitted to Cur~nt Pl~ing Envlronment~l Review Sts~ for review and approval prior to final site plsn/consmtmion pl approval. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Water Fish Commission (FGFWFC) regarding impacts to protected wildlLffe species. 7.1! ACCESSORY STRU~5 Accessory structures shall be constructed simultaneously with or following the cons~"-uction of the principal structure except that tempomo' s.'-les buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development nad marketing. Such temporary buildings shall be removed upon completion of the m~rketing or construction activity wMch they are accessory to. 7.i2 SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of b,~d.ing permit ~plic~,ion. 7.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking mas shall be in accordance with the Division 2.4 of the La.nd Development Code in effect at the time of building permit application. 7.14 PROVISION FOR OFF-SITE REMOVAL OF EARTKEN MATERIAL The ex~vation of earthen material and its stockpiling in preparation of water management facilitie to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on th buildable portions of the project site are such that there is a surplus of earthen materi~, then its off~ disposal is also hereby permitted subject to the following conditions: 7-4 NOV 0 5 2002 Excavation activiu,s shall comply with the definition o£ a' development excavation" pursuant Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% to a maximum of 20,000 cubic yards. All other provisions of said Division 3.5 ~ applicable. 7-7 NOV 0 5 2002 ORDINANCE NO. 02-__ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8618N, 8618S, 8619N, AND 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN STRAND PUD LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (C.R. 846) AND 1-75, IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 574.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing The Strand Ltd., 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 Sections 18 and 19, Township 48 South. Range 26 East. Collier Count).', Florida. is changed from "PUD" Planned Unit Developmenl to "PUD" Planned Unit Development in accordance with the Pelican Strand PUD Document. attached hereto as Exhibil "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8618N, 8618S, 8619N and 8619S. as described in Ordinance Number 91-102, the Collier Count5.' Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become e~lective upon fihng with the Department of Stale. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count'. Florida, this __ da5' of ,2002. BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, CLERK JAMES N. COLE'UFA, CHAIRMAN Approved as to Form and Legal Sufficiency MaTjorie M. Student Assistant County. Attorney PUDZ-2001 -A R- 1639r'FR.'sp NOV 0 5 2002 PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE STRAND LTD. 5692 STRAND COURT #l NAPLES, FL 34110 PREPARED BY: ROBERT L. DUANE, AICP HOLE MONTES, INC 950 ENCORE WAY NAPLES, FL 34110 DATE ORIGINALLY APPROVED 5/27/97 ORDINANCE NUMBER 97-75 AMENDMENTS AND REPEAl ~e,-~~ m? NOV 0 5 2002 CADoeuments and Settings~reischl_l~ocal Settings\Temporary lntemet Files\OLK 17D~UD DOCUMENT 0209 revisions I .doc PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE STRAND LTD. 5692 STRAND COURT NAPLES, FL 34110 PREPARED BY: ROBERT L. DUANE, AICP HOLE MONTES, INC 950 ENCORE WAY NAPLES, FL 34110 DATE ORIGINALLY APPROVED 5/27/97 ORDINANCE NUMBER AMENDMENTS AND REPE~ G:\Current~ReischlkPUD~StrandkPUD DOCUMENT 020918 revisionsl.doc NOV 0 5 20O2 TABLE OF CONTENTS, LIST OF EXHIBITS AND STATEMENT OF COMPLIANCE G:~Current~Reischl~UD~trand~PUD DOCUMENT 020918 revisions I .doc ITEM NOV 0 5 2002 Section I Section II Section m Section IV Section v Section vi Section VII TABLE OF CONTENTS Statement of Compliance, Short Title Property Ownership, Legal and General Description Project Development Residential Development Areas Golf Course, Open Space District Preserve District Activity Center District General Developnqe;~'~ (?ommitments Page 111 1-1 2-1 3-1 4-1 5-1 6-1 7-1 IAST OF EXHIBITS EXHIBIT A - PUD MASTER PLAN ii G:~-'urrentkReischlkPUD~Strand~UD DOCUMENT 020918 revisions l.doc AGENDA I'rl~M NOV 0 5 2O02 STATEMENT OF COMPLIANCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be known as Pelican Strand will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Pelican Strand is a mixed commercial residentia]Jgolf and associated recreational use project which will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The property includes the entire northwest quadrant of the Immokalee Road interstate activity center, which accommodates the planned 30 acres of commercial land uses which may also include up to 120 residential dwelling units from the total number of permitted dwelling units. The remaining 169.3 acres of project area within Section 19, Township 48 South, Range 26 East, lies within the 1-75/Immokalee Road density band, which makes these lands eligible for a 7 unit per acre density, or 1,185 units. Project lands within Section 18, Township 48 South, Range 26 East, are 375.269 acres in area, and are eligible for the Urban Area Base Density of 4 dwelling per acre, or 1,501 units. The total 544.569 acres of project area are thus eligible for 2,686 units, or 4.93 dwelling units per acre. This residential development density eligibility is substantially greater than the planned 1160 units or 2.02 units per gross acre. The 30 acres of project area which lie within the interstate activity center are planned for mixed commercial, transient lodgings, institutional uses, and residential development at the option of the developer as is indicated to be appropriate by the Future Land Use Element. The inclusion of residential uses within the Interstate Activity Center can be found to be fully consistent with the Future Land Use Element's goal to encourage Activity Centers to be mixed use and to incorporate residential development. Traffic ways, utilities, and other public facilities necessary to serve the Pelican Strand project are adequate. Pelican Strand will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 5. The Pelican Strand project will be compatible with and complimentary to existing and planned land uses in the vicinity. SHORT TITLE This ordinance shall be known and cited as the "PELICAN STRAND PLANNED UNIT DEVELOPMENT ORDINANCE." 111 G:\Current~Reischl~PUD\Strand~UD DOCUMENT 020918 revisionsl.doc SECTION I PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION 1.1 1.2 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of PELICAN STRAND. LEGAL DESCRIPTION A tract of land situated in Sections 18 and 19, Township 48 South, Range 26 East, Collier County Florida, said tract lying West of Interstate 75 and being more particularly described as follows: Commencing at the southwest comer of Section 19, Township 48 South, Range 26 East and being on the North right-of-way line of County Route 846 (100' wide), thence along Road R/W, South 89° 20' 28" East a distance of 1890.22 ft to a point, thence North 00° 21' 54" East a distance of 100.00 ft. to a point on the north edge of a canal easement and the TRUE POINT OF BEGINNING. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 and or Book 365 Page 414, Collier County); the following six (6) courses and distances; South 89D 20' 08" East a distance of 750.00 ft. to a point on the 1/4 section line. Thence; South 89" 21' 04" East a distance of 267.46 ft to a point; Thence; North 47° 51' 05" East a distance of 268.82 ft to a point; Thence; North 14° 05' 43" East a distance of 502.45 ft. to a point; Thence; North 09° 23' 06" East a distance of 439.38 ft to a point; Thence; North 04° 36' 19" East a distance of 671.26 ft to a point; Thence; South 89° 26' 00" East a distance of 109.07 ft to a point on the west right of way line of Interstate 75 (Or Book 365 Page 410), Thence; North 00° 36' 29" East a distance of 3443.60 ft along said right of way to a point on the north line of Section 19 Thence; North 00° 36' 21" East a distance of 1475.86 ft to a point Thence; North 00° 36' 21" East a distance of 1190.58 ft to a point on the east west 1/4 line of Section 18, Thence; North 00° 36' 21" East a distance of 2666.77 ft to a point on the north line of Section 18, Thence; North 88° 31' 41" West a distance of 836.37 ft along said north section line to a point marking the north 1/4 comer of Section 18, Thence continue; North 88° 31' 41" West a distance of 2627.43 ft along said section line to a point marking the northwest comer of Section 18, Thence; South 00° 34' 00" West a distance of 2686.42 ft along the west li to a point marking the west 1/4 comer of Section 18, 1-1 G:\Current~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisions I .doc 2002 Thence continue; South 00° 34' 00" West, along said section line a distance of 2685.26 fi to a point marking the southwest comer of Section 18, Thence; South 89° 09' 52" East along the south line of Section 18 a distance of 1983.97 ft to a point Thence; South 89° 09' 52" East a distance of 648.71 fi to a point on the north south 1/4 section line of Section 18, Thence; South 00° 21' 54" West along said 1/4 section line a distance of 1715.95 fi to a point, Thence; North 89° 20' 04" West a distance of 750.00 fi to a point, Thence; South 00° 21' 54" West a distance of 3505.96 fi to the point of beginning and containing 574.569 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport Rd. North, Naples, Florida 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the northwest quadrant of the 1-75/Immokalee Road interchange. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development." The project lies within Water Management District No. 7 and within the Cocohatchee River watershed. Drainage from the property will discharge into the Immokalee Road Canal, thence westerly in the Immokalee Road Canal to the Cocohatchee River tidewater, which connects to the Gulf of Mexico via Wiggins Pass. Water management for the project will be of the constructed lake and preserved natural wetland retention type. Storm waters which exit the site will do so via a control structure, which will be authorized as a part of water management permits issued by Collier County and the South Florida Water Management District. Topography within the project is relatively level, with surface elevations ranging from 12 feet to 14 feet above mean sea level. The entirety of the site lies within Flood Zone "X" according to FIRM Map 12006700215D, dated June 3, 1986. F. Soil types within the project include Hallandale fine sand (approximately 30%), Riviera fine sand, limestone substratum (approximately 20%), Basinger fine sand (approximately 15%), Boca fine sand (approximately 15%), Boca, Riviera, limestone substratum and Copeland fine sand depressional (approximately 12%), Holopaw fine sand, limestone substratum (approximately 4%), Holopaw fine sand ~v~,, - '~_~,*-- ,~ 3%), and Pineda fine sand, limestone substratum (approximately 1%). _ .. G:~-~urrenfiReischl~PUD\~tranchPUD DOCUMENT 020918 revisionsl .doc 1.5 1.6 DEVELOPMENT OF REGIONAL IMPACT The Pelican Strand PUD is a 574.6 acre project. The number of dwelling units i..s. proposed to be reduced from 1,200 dwelling units to 1~160. The existing PUD/DR- included 30 acres of commercial development at the time of this application of PUD rezoning. However, within this 30 acre commercial area 120 residential dwelling unit~ may be developed on 5.6 acres located in Tract C- 1 at the option of the developer in lieu_ of 140 hotel/motel rooms as depicted on the PUD Master Plan. Uses permitted within thc. commercial area include ~nn c¢~n 90,000 square feet of retai~ commercial, 120,000 square feet of office commercial and 140 hotel/motel rooms. Additional lands may be acquired and incorporated in the Pelican Strand project at a future date. Such an expansion of the project will necessitate an amendment of this PUD document, of the PUD Master Plan, and if appropriate, of the DRI development Order. Any development thresholds exceeding those authorized under Ordinance Number 96-65 may not be constructed prior to approval of an Amendment to the Pelican Strand DRI/Development Order 96-3, Resolution 96-484 establishing density consistent within those of this PUD. Furthermore, the requirements set forth in this PUD Ordinance shall be altered through the PUD Amendment process should it be necessary to make it consistent with any future amendments to the DRI Development Order. DENSITY/INTENSITy A. The total acreage of Pelican Strand is approximately 575+/- acres. The maximum number of dwelling units to be built on the total acreage is 1160. The number of dwelling units per gross acre is approximately 2.02 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial uses occupy approximately 30.0 acres with a maximum gross leasable floor area of 120,~n00~ 90,000 square feet of retai~ commercial, or, cw~ 120.000 square feet of office commercial, and 140 hotel/motel rooms. However, one hundred and twenty (120) residential units may be developed in lieu of 140 hotel/motel rooms at the option of the developer on Tract C- 1 within the commercial area as depicted on the PUD Master Plan. These described land uses are set forth on the PUD Master Plan, Exhibit "A". Also for every 1,000 square feet of retail area reduced or portion thereof, 3,630 square feet of office area may be increased. Should a portion of Tract C-1 not develop with residential om motel/hotel uses the office area shall be increased from twelve (12) acres to eighteen (18) acres. B. At all times, all of the non-commercially designated property included within the Pelican Strand PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers, i~A ~ 1-3 NOV 0 5 2002 GACurrent~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisi°ns I 'd°c Pg' ~ SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2.2 The purpose of this section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENeRaL \ Ao Development of Pelican Strand shall be in accordance with the contents of this Planned u~it Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material incorporated in this PUD document shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E° Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project is indicated by the following tal 2-1 G:\CurmntkReischlkPUD\StrandkPUD DOCUMENT 020918 revisions l.doc AGENDA NOV 0 5 2O02 EO MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Residential 1160 170 * 15°-,.5* Golf Course/Buffers N/A 187.3 Lakes \ N/A 75.5 73.7 Preserves N/A 85.3 22.8 Roa~is N/A 26.5,-,,.-,'~': Commercial (included in 120'* 30*** 1160 total above) Totals 1160 574.6 +/- * The total acres of residential development may be increased to 175.6 acres 154.1 or by 5.6 a:r:'s if 120 residential units are developed in lieu of 140 motel/hotel units at the option of the developer on Tract C- 1. ** One hundred t~a'c]::', il 20) residential dwelling units may be developed in lieu of 140 hotel/n> .... rooms at the option of the developer on Tract C-1. *** The Commercial acreage shall be reduced to 24.4 acres if 120 residential units are developed in lieu of 140 hotel/motel units at the option of the developer on 5.6 acres on 'lrac~ C-1. If the 5.6 acre Tract C-1 does not develop with residential or hotel/motel uses, the acres of offices uses shall be allowed to be increased from twelve (12) acres to eighteen (18) acres. 30 ACRE COMMERCIAL AREA COMPONENTS USE Retai~ Office Hotel/Motel 2-2 G:\Current'~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisions I .doc MAX. G.S.F. 90,000* ~-,n non 120,000 on nan 140 Rooms NOV 0 5 2002 * For every 1,000 square feet of retail area reduced or portion thereof, 3,630 square feet of office area may be increased. Prior to any conversion of square footages from retail to office an analysis should be preformed in order to assess any changes in the impact the Strand development will have on the surrounding roadways based on the actual development parameters to be converted. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS ho Prior to the recording of a Record Plat, and/or Condominium Plat for ail or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Bo Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be subinitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Coliier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Dix%icm prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public, private, etc. easements shall be established as required during the SDP and/or plat approval process. Fo Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES/SALES OFFICES 2-3 G:~-~urrent~Reischl~PUD~StrandkPUD DOCUMENVT 020918 revisionsl .doc Model home, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilionS, viewing platforms, gaz~ bu~, l/,~}fff.~ areas, tents, and signs, shall be permitted principal uses throughout Pe lica~trand ~'( NOV 0 5 2002 Community subject to the requirements of Section 2.6.33.4, of the Collier County Lane Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Most common area maintenance will be provided by the Pelican Strand Master Property Owners' Association, Inc. (PSMA). The PSMA is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by the PSMA, the Developer has created property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PSMA or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Pelican Strand Community, in accordance with the provisions of this PUD and the DRI Development Order, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Pelican Strand Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Bo 2. 3. 4. Grassed berms 4:1 Ground covered berms 3:1 Rip-Rap berms 1:1 Structural walled berms - vertical 2-4 G:\CurrentkReischlkPUDkStrandkPUD DOCUMENT 020918 revisions 1 .doc Fenced or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose for this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). ~ /h ~ NOV 0 5 2002 C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Strand Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape buffer easement on final plats, or in a separate recorded instrument. D. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the Pelican Strand Design Review Committee. 2.9 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 relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The Pelican Strand Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Pelican Strand, Ltd. has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Pelican Strand, Ltd. will establish supplemental design guidelines and standards to achieve the above objectives by means of recorded covenants, conditions, and restrictions to Pelican Strand Design Review Committee for review and approval. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Strand Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Strand Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. bank treatments. Lakes including lakes with bulkheads or other architectural or structural 2-5 G:\CurrentkReischl~°UDXStrandkPUD DOCUMENT 020918 revisions l.doc NOV 0 5 2002 o Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. o Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. o Any other use which is comparable in nature with the foregoing uses and which the r, .... ~ ...... e~-.:~ r~; ...... Board of Zoning Appeals determines to be compatible. 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 - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - one half (1/2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten fee (10'). 5. Minimum height of structures - twenty-five feet (25'). 6. Minimum floor area - none required. Minimum lot or parcel area - none required. Sidewalks, bikepaths, and cartpaths may occur within county required buffer; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land us. standards are not specified herein are to be in accordance w 2-6 G:\CurrentkReischlkPUD~StrandXPUD DOCUMENT 020918 revisionsl.doc NOV 0 § LKI02 County Land Development Code in effect at the time of Site Development Plan Approval. 2-7 G:XCurrent~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisions 1 .doc NOV 0 § 2002 2.11 2.12 OPEN SPACES REQUIREMENTS The PUD Master Plan identified approximately 574.6 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lakes, and miscellaneous open space/buffer designations. These areas, in conjunction with the open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Section 7.10.A of\this PUD, 25% of the viable naturally functioning native vegetation on site shall be presc~rved. 2-8 G:\Current~ReischlkPUD~Strand~PUD DOCUMENT 020918 revisionsl .doc NOV 0 5 2002 SECTION III RESIDENTIAL DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts indicated as Tracts 1 through 15 on Exhibit "A", the PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the c.c, ...... :`4~,:~ ,4 .... ~ ..... tracts entire PUD is !200 1,160. Distribution of the dwelling units among the various residential development tracts shall be governed by the rules and regulations set forth in this Section. 3.3 GENERAL DESCRIPTION Areas designed "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD 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 Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-family dwellings including Garden Apartments. 3-1 G:~-'urrenfiReischlkPUD~StrandXPUD DOCUMENT 020918 revisions l.doc NOV 0 5 2002 Any other principal use which is comparable in nature with the foregoing uses and which the r, .... ~ ...... e~_,:~ Board of Zoning Appeals determines to be compatible in the "R" District. Accessory 1. Uses Customary accessory uses and structures, including attached or detached garages. 2. Guest houses, pursuant to section 2.6.14 of the LDC. 3. C°mmon area recreational and utilitarian facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the r-, .... ~ ..... , e~_.:~ Board of Zoning Appeals determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Pelican Strand Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Eo In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. n6EnoA ff~ 3-2 GACurrenfiReischl~PUD~StrandkPUD DOCUMENT 020918 revisions 1.doc NOV 0 § 2002 Ho Single-family patio and zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. 3-3 G:XCurrent~Reischl~'UD~StrancrdaUD DOCUMENT 020918 revisionsl .doc NOV 0 5 2002 .,. TABLE 1 PELICAN STRAND COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & TWO SINGLE FAMILY PERMYI'rED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND MULTI-FAMILY STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF .4 3,000 SF 1 AC Minimum Lot Width .~ 60 50 35 30 150 Front Yard 25.3 20.3 20.3 20 -3 25 Front Yard for Side Entry Garage 10 10 10 10 15 Side Yard 5 0 or 5.6.s 0 or 7.5.7 0 or .5 BH .7 0.5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Accessory 10 8 · t 0 10 15 Rear Yard .~ 10 5 10 10 .5 BH Maximum Building Height .2 35 35 35 35 35 Distance Between Principal Structures 10 10 0 or 15 .5 SBH .5 SBH Floor Area Min. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF BH Building Height SBH (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Rear yards for principal and accessory structures on lots ~ and tracts which abut a golf course, lake. non jurisdictional open space or native vegetation preservation areas may be (0) feet except that when abutting a lake or water body as architectural bank treatment shall be incorporated into the design. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirements to 5' for the garage and 15' for the remaining structures. *4 Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 Zero feet (0) or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard be used on both sides of a structure provided that no structure on any adjoining lot lies within ten (10') feet of a zero (0) lot structure. *7 Zero feet (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi-detached units *8 Accessory uses such as any authorized recreational amenity (i.e. pools, spas, landscape features located within zero (0) feet of a side lot line when adjacent the wall of a residence with no window ope 3-4 G:\CurrentkReischl~PUD~StrandWUD DOCUMENT 020918 revisions 1 .doc etc.) may be NOV 0 5 2002 SECTION IV GOLF COURSE, OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course argt recreational facilities. Except in areas authorized for development, all good quali~, native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the r, .... , ...... Servlccz Board of Zoning Appeals determines to be compatible in the "GCO" District. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated wi uses permitted in this district. 4-1 NOV 0 5 2002 G:~--'urrent~eischl~PUD~StrandXPUD DOCUMENT 020918 revisionsl .doc 4.3 Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the r, .... ~ ...... c~_,:~,~ Board of Zonin~ At, peals determines to be compatible in the "GCO" District. DEVELOPMENT REGULATIONS A. Principal structures shall be setback a minimum of twenty feet (20') from "GCO" District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts. Accessory structures sh~.,i! be setback a minimum of ten feet (10') from "GCO" District boundaries ant: :.:'~,,':~te roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structure = 3 Stories 2. Accessory Structures = 2 Stories E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping- Ten feet (10'). F. Minimum distance between all other principal structures -Twenty feet (20'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. 4-2 G:\CurrentXReischBPUD~Strand~PUD DOCUMENT 020918 revisionsl .doc I. Minimum lot or parcel area - None required. Jo Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-3 G:XC'urrent~Reischl~UDkStranchPUD DOCUMENT 020918 revisions ! .doc NOV 0 5 SECTION V PRESERVE DISTRICT 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve district is to retain viable naturally functioning wetland upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Strand Community residents. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional State and Federal permits when required; A. Principal Uses Open Spaces/Nature Preserves. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. Pathways and or bridges, subject to appropriate approvals by permitting agencies. Drainage, water management, and utilitarian facilities, subject to all needed permits. DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non- jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into th, ~d,.oi~l~l~A Ir~ 5-1 G:\Current~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisionsl .doc - NOV 0 5 2002 5.5 B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by said agencies, and as set forth in Section 8.13 hereof. The developer, its successor(s) or assigns, the Pelican Strand Master Property Owners' Association, Inc., shall be responsible for control and maintenance of lands within the Preserve District. 5-2 G:\Current~ReischlkPUD~StrandkPUD DOCUMENT 020918 revisionsl .doc NOV 0 5 2002 SECTION VI ACTIVITY CENTER DISTRICT 6.1 6.2 6.3 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the tracts designated on Exhibit "A" as Conunercial. DEVELOPMENT EMPHASIS The two commercial tracts constitute 30 acres of commercial development area. However, 120 dwelling units maybe developed within the commercial area on a 5.6 acre area located within Tract C-1 in lieu of 140 hotel/motel units at the option of thc developer. The remaining commercial area will be 24.4 acres should the 140 hotel/motel units not be developed on Tract C- 1. They are located in the northwest quadrant of the I- 75/Immokalee Road Interchange, which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions, offices, transient lodging facilities, and associated uses. The entirety of the two commercial tracts is to be developed under a common architectural landscape architectural theme, so as to serve the joint objectives of attractiveness to patrons, and an attractive entry feature for the Pelican Strand residential/golfing community. USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. 1. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). 6-1 Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel atting and slitting). NOV 0 5 2002 G:~-'urrentSReischl~PUD~Strand~PUD DOCUMENT 020918 revisionsl .doc I~.~~ 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 6-2 G:~--'urrenfiReischl~PUD~trand~PUD DOCUMENT 020918 revisionsl .doc Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6.10). Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to the locational requirements of Sec. 2.6.10). Food Stores (groups 5411-5499). General Merchand~e Stores (groups 5311-5399) Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26. H(~ine Furniture, Furnishing, and Equipment Stores (groups 5712-5736). Hotels/Motels (7011). Libraries (8231). Membership Organizations (8611-8699). Miscellaneous Repair Services (groups 7629-7631) Miscellaneous Retail (groups 5912-5963 except pawnshops and all uses dealing with secondhand merchandise, 5922-5999). Motion Picture Theaters, except drive-in (7832). Museums and Art Galleries (8412). Non-depository Credit Institutions (groups 6111-6163). Paint, Glass, and Wallpaper Stores (5231). Personal Services (groups 7211, 7212, 7215, industrial dry cleaning only, 7221-7251,7291). Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511 - 9532, 9611-9661). Retail Nurseries, Lawn and Garden Supply Stores (5261). One hundred and twenty residential dwelling units may be developed on a portion of Tract C-1 as depicted on the PUD Master Plan. NOV 0 5 2002 24. Veterinary Services (groups 0742, 0752, excluding outside kenneling). 25. Video Tape Rental (7841). 26. United States Postal Service (4311 except major distribution centers). 27. Communication Tower (location limited to the southeast section of tract "G"). 28. Any other commercial use which is comparable in nature with the foregoing uses and which theD ..... .... ~ ...... v ....... Se:"':~' .... Board of Zoning Appeals determines to be ~ompatible in the Activity Center District. 6.4 6.5 PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. DEVELOPMENT STANi)ARDS A. Co Principal structures shall be setback a minimum of twenty feet (20') from "GCO" and PUD boundaries, priva:c a~d public roads. Accessory structures shaii setback a minimum of ten feet (10') from "GCO' boundaries and private ro;~ds, and twenty (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 2. 3. 4. Retail/gevc, ee - 2 stories Office/Institutional - 4 stories Hotel/Motel/Residential - 7 stories Communication Tower - 170 feet tall 6-3 G:XC'urrentkReischl~UD\StrandkPUD DOCUMENT 020918 revisions 1 .doc NOV 0 5 2002 Fo Go H. I. J. K° Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping- Ten feet (10'). Minimum distance between all other principal structures - none, or a minimum of 10 feet (10') with unobstructed passage from front to rear yard. Minimum distance between all other accessory structures- Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use oi' materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 6-4 G:~"urrentkReischlkPUD~Strand~PUD DOCUMENT 020918 revisions l.doc AC, ENOA NOV 0 5 2002 l SECTION VH GENERAL DEVELOPMENT COMMITMENTS 7.1 7.2 7.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. Thc developer, his successor or assignee, shall agree to follow the Master Plan and the regulations for the PUD as adopted, and any other conditions or modifications as may be agreed to in the re-zoning of the property. In addition, the developer will agree to convey to any successor or assignee in title, any commitments within this agreement. PUD MASTER PLAN Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. All necessary easements dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: Reconfiguration of Preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water manage where such changes are consistent with the criteria of South 7-1 G:\Current~Reischl~PUD~Strand~UD DOCUMENT 020918 revisionsl .doc :lment facilitie~ 0 5 2002 7.4 Management District and Collier County, and where there is no further encroachment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into Preserve areas. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Pelican Strand project occurred in calendar year 1996, with the completion of the golf course and project infrastructure anticipated to occur in calendar year 1997. Marketing of commercial and residential sites and golf course memberships began in calendar year 1996, and is expected to be concluded in calendar year 2003. Monitoring Report: An annual monitoring report shall be submitted pursuant to section 2.7.3.6 of the Collier County Land Development Code. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 at the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the 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, but not limited to, condominium associations, homeowner associations, or community recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDMSION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A4 A perimeter berm along 1-75 may be steeper than provided for by Section 2.4.4.14 of the LDC, provided that the Development Services Director determines that detailed development/landscape plans maintainability, and attractiveness. 7-2 G:\Current~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisions 1.doc for the berm demonstrate feasibility, NOV 0 5 2002 Trees and shrubs shall be planted along the base of the 1-75 side of the berm, so as to visually soften the appearance of the steep sided berm. Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 of the LDC except as follows: 1. Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: ao The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: 1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 7.6.B.4 of this PUD. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way and two ten foot (10') wide travel lanes. All other local streets are required to have a minimum right-of-way and two ten foot (10') wide travel lanes. 7-3 G:\Current~ReischBPUD~Strand~PUD DOCUMENT 020918 revisions 1 .doc NOV 0 § 2002 4. Cul-de-sacs may exceed a length of fifteen hundred feet (1500'). Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. 7.7 TRANSPORTATION Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. The development of this PUD Master Plan shall be subject to and governed by the following conditions: A security gate may be installed between the access to the commercial area which is open to the general public, and the residential/golf club area. Streets which do not serve the general public may be private. The reserved right-of-way along the north boundary of the project is to accommodate the southern half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Ways Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to construction of a road within this right-of-way, the Pelican Strand development sponsor, or his assigns, may utilize the right-of-way on an interim basis for berm, buffer, golf course rough, access corridor for maintenance equipment, etc. Upon notification by the County that road construction is imminent, the right-of-way shall be dedicated to the County, and interim utilization of the right-of-way by the Pelican Strand developer of his assigns shall be terminated. Said dedication procedures shall follow the provisions of Section 2.2.20.3.7 of the LDC. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. Consistent with the County's Concurrency Management System, development of dwelling units in excess of 680 dwelling units shall be authorized for permitting if the Level of Service (LOS) on either segment of Immokalee Rd. has not fallen below its adopted "LOS D", or improvements have been committed through the County's Capital Improvements Program for said widenings. Individual residential access shall not be permitted to connect to Strand Boulevard within the commercial access area. 7.8 WATER MANAGEMENT 7-4 G:hCurrent~Reischr~PUD~Stranc~UD DOCUMENT 020918 revisionsl .doc NOV 0 5 2OO2 The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required prior to final construction plan approval. Bo An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. 7.9 UTILITIES ~ The development of this PUD Master Plan shall be subject to and governed by the following c~.nditions: A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Bo Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Ccdiier County Ordinance No. 88-76, as amended, and other applicable County rt~ies and regulations. 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 accorc~.:~c~. ',~ ith the County's established rates. Do Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holdin7 tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable water and irrigation wells. Eo The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the 7-5 project. G:\C-'urrent~Reischl'~PUD~StrandkPUD DOCUMENT 020918 revisionsl .doc NOV 0 5 2002 Fo The project's Developer(s), his assigns or successors, shall negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project the developer shall negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. Irrigation water will be provided with a separate distribution system supplied by on-site wells, reclaimed water or another non-potable water source. Ho The utility construction documents for the project's sewage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewage system design can be coordinated with the County's Sewer Master Plan. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. The existing off-siTe sewage transmission facilities of the District must be evaluated for thc i',vdraulic capacity to serve this project and improve as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilitie5, 7.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ad 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 the sole mitigation for impacts to Collier County jurisdictional wetlands. Bo 7-6 G:~-'urrentkReischl~PUDk~trand'ff'UD DOCUMENT 020918 revisions 1.doc All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners tssociation or like 0 § 2002 entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. Co Buffers around preserved jurisdictional wetlands shall be in accordance with the state of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted per Paragraph A G above. Do An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. 7.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 7.12 SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of building permit application. 7.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land Development Code in effect at the time of building permit application. 7.14 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 it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall complY with the definition of ~ excavation" pursuant to Division 3.5 of the Land Dew 7-7 G:~'urrentSReischl~UD~SmmchPUD DOCUMENT 020918 revisions l.doc de,v.._e o~pm~e~n~l opmem cuuc NOV 0 § 20[12 whereby off-site removal shall be limited to 10% of, to a maximum of 20,000 cubic yards. All other provisions of said Division 3.5 are applicable. 7~8 G:\Current~Reischl~PUD~Strand~PUD DOCUMENT 020918 revisions! .doc NOV 0 5 2002 3~nzgnoluOV - v LL! '0~ 339V)lOk4k41 mi-ii i 1 ii EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO AMEND THE ELIGIBILITY CRITERIA FOR IMPACT FEE DEFERRALS FOR RENTAL DWELLING UNITS TO INCLUDE MODULAR HOMES AND MOBILE HOMES IN ORDER TO FACILITATE IMPACT FEE DEFERRALS TOTALING APPROXIMATELY $204,984.12 FOR A TRANSITIONAL HOUSING FACILITY CURRENTLY BEING DEVELOPED BY THE FIRST ASSEMBLY OF GOD OBJECTIVE: Board of County Commissioners adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, thereby providing for more widely defined eligibility criteria for impact fee deferrals for rental dwelling units to include modular homes and mobile homes. CONSIDERATIONS: On September 24, 2002, Pastor J. David Mallory of the First Assembly of God presented a public petition to the Board requesting that the County consider the deferral of approximately of $105,000 in impact fees for eight existing mobile homes on First Assembly property, which are planned for use in a transitional housing program. He further requested deferral of impact fees for an additional 22 such homes needed to complete the program, which would result in total deferred impact fees of approximately $204,984.12. The Board directed staff to consider and evaluate the request and come back with findings and recommendations. On October 11, 2002, numerous staff members met with Pastor Mallory and Mr. Gary Kluckhutm, Co-Director of the Center for Assisted Living Innovation at Florida Gulf Coast University at the offices of the Financial Administration and Housing Department. The meeting resulted in a determination that the aforementioned mobile homes would qualify for impact fee deferrals. However, it was determined that it would be advantageous to amend the language of the Consolidated Impact Fee Ordinance to ensure there is no future misinterpretation of the intent and meaning of the Ordinance regarding the types of structures that qualify as rental dwelling units for affordable housing deferrals. The cun'cnt Ordinance provisions could possibly be interpreted to mcan that only multifamily rental dwelling units (apartment buildings and condominiums) are eligible for deferrals. Also, the current provisions do not specify any government standards regarding safety and quality of Construction. The recommended Ordinance amendment provides needed clarification by expressly including language regarding modular homes and mobile homes and by adding requirements that certain rental structures shall bear official seals or labels certifying compliance with applicable State and Federal st~.dards._.._~ NOV - 5 2002 1 Ordinance Amendment---Criteria for Structures for Impact Fee Deferrals for Rental Dwelling Units Page 2 GROWTH MANAGEMENT IMPACT: Impact fees provide funding for capital improvements to public facilities as indicated by the Capital Improvement Element of the Collier County Growth Management Plan. FISCAL IMPACT: Total deferred impact fees for the eight (8) existing and 22 planned future dwelling units are estimated to be $204,984.12 and are summarized as follows: Impact ~ee Dollar Amount Road (District #2, E. N~ples/GG City) $31,590.00 Parks $35,144.72 Libra[y $6,420.00 SchoOl $37,020.00 Jail $3,539.40 EMS $2,790.00 Water $43,040.00 Sewer $45,440.00 Total: $204,984.12 RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, thereby providing for more widely defined eligibility criteria for impact fee deferrals for rental dwelling units to include modular homes and mobile homes: and that the Board authorize an effective date of said Ordinance to occur upon filing with the Office of the Florida Secretary of State. Prepared by: /~~~~ Date: Pi~ilXrin~ff~l, Impact Fee Coordinator Approved by: Date: /a//~-~/o ~ mitt, Administrator / / ~' Development & Environmental Services Division NOV 0 5 2002 PS. 2- 1 2 3 4 5 6 ? 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 38 39 41 42 43 45 46 ORDINANCE NO. 2002 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), PROVIDING FOR MORE WIDELY DEFINED ELIGIBILITY CRITERIA FOR IMPACT FEE DEFERRALS FOR RENTAL DWELLING UNITS, TO INCLUDE MODULAR HOMES AND MOBILE HOMES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances. which repealed and superceded, in their entirety, all of the County's previous impact fee regulations; and WHEREAS, Ordinance No. 2001-13, as amended by Ordinance No. 2002-34, which was adopted by the Board on June 25, 2002, set forth the County's current Affordable Housing provisions; and WHEREAS, alternative construction met.nods for workforce housing, such as modular homes and mobile homes, are ~ncreasingly being utilized in Collier County due to affordability and recent improvements in quality of construction; and WHEREAS, such alternatively constructeo homes are often available as rentat dwelling units; and WHEREAS, Ordinance No. 2001-13, as amended, provides for impact fee deferrals for rental dwelling units for up to six years and nine months; and WHEREAS, the Board desires that impact fee deferrals for quality-built rental dwelling units be available to the widest possible array of eligible applicants. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Subsection D in Section 74-401of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. AGENDA I~ NOV 0 5 2002 ~._~ 1 2 3 4 5 6 7 8 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 36 37 38 39 40 41 42 D. Deferred Impact Fees for rental dwelling units, including any Multi- family Dwelling Units, Sinqle-Family Detached Houses, Modular Homes (also known as residential manufactured buildinqs) and Mobile Homes (also known as manufactured homes) as defined in Section 74-108 of this Chapter, shall in all events be due and payable not later than six (6) years and nine (9) months after the execution of the impact fee deferral agreement by the County. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject Impact Fee Deferral Agreement by the non-County party. 1. To be eli,qible for imp<act fee deferral, a rental modular home shall meet, as a minimum, the then curr~nt standards of Chapter 553, Florida Statutes for homeownership or rental, and shall bear the Department of Community Affairs Ins~.flnia seal certifyinq that the structure is in compliance with the Florida Manufactu~d~' Buildinqs Act of 1979, as amended or superseded. 2. To be eliqible for impact fee deferral, a rental mobile home shall be constructed to then applicable standards promul.qated by the United States Department of Housinq and Urban Development (HUD) and shall bear a two (2) inch by four (4) inch metal, rectanqular red and silver certification label on each section of the home certifyinq that the home has been inspected in accordance HUD requirements and has been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE, INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing' with the Florida Department of State. Underlined text is added; struck thrc'-'?,h text is deleted. NOV 0 5 2002 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2002. DATED:. ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency By: Thomas C. Palmer, Assistant County Attorney Underlined text is added; c~.ruck. '.~rc'~.~h text is deleted. ~_AG~A ITEM NOV 0 5 2002 To: From: Date: Subject: Memorandum Board of al~ County Commissioners. James V. Mudd, County Manager Joseph K. Schmitt, Administrator Community Development and Environment October 17, 2002 RECEIVED OCT 1 8 2002 HOUS]'NG & UR'~4 Meeting with Pastor Mallory On October 11, 2002 Denny Baker, Lee Combs, Cormac Giblin, John Yonkosky, Janeen Person-Coale and Phil Tindall met with Pastor David Mallory of First Assembly of God. Gary Kluckhuhn, Co-Director of the Center for Assisted Living Innovation at FGCU was also in attendance at Pastor Mallory's invitation. The meeting was held to determine some workable solutions for First Assembly in dealing with the approximately $105,000 incurrent impact fees they have outstanding. At this time these fees are prohibiting First Assembly from connecting the Park Model homes they currently have sitting on their property from being hooked up to water and sewer lines so the Iow-income and homeless clients they serve can be moved into them. After much discussion regarding water and sewer meter hook-ups, it was determined that: The Collier County Consolidated Impact Fee Ordinance No. 2001 - 13 will have it's current language slightly amended (Phil Tindall is working on the re-wording) and sent to the BCC for approval on November 5th. Once the BCC has approved the amendment, the ordinance must be sent to the Florida Secretary of State's Office for filing. With an expected turn-around of ten days, we can expect the amended Ordinance to be in effect as of November 15th. Under this ordinance, the impact fees due the County by First Assembly will then be deferred for six years because they are providing affordable housing. It was suggested to Pastor Mallory that he could even purchase a bond that would pay the entire cost of the fees at the six- year balloon date. 2. This option will allow First Assembly to defer all impact fees required to connect the existing eight Park Model homes as well as the additional twenty-two plann purchase. Community Development and Environmental Services Office of the Administrator NOV 0 5 2002 Th~ discussion then focused on First Assembly's reluctance to sign the Acknowledgement of Religious Organization Requirements form, which is a requirement to receive the approved CDBG funding in the amount of $32,140. After discussion of the interpretation of the wording on the form as well as HUD's intent with regard to Faith Based organizations that receive CDBG funds, it was determined that: Pastor Mallory will sign the Acknowledgement of Religious Organization Requirements form with an addendum attached clarifying First Assembly's program mission, which does not base service provision to anyone based on compulsory participation in any religious activities. This will allow First Assembly to receive the CDBG funding it has been awarded. It was also noted in the meeting that First Assembly should be notified by the end of October whether they will receive the State Homeless Housing Assistance grant of $745,500 that was written by Financial Administration and Housing Department staff and submitted to the State Office on Homelessness by the Collier County Hunger & Homeless Coalition. If awarded, this grant will allow First Assembly to purchase and implement the additional twenty-two Park Model homes needed to complete it's transitional housing program. These homes all have the HUD sticker making them available for HUD funding, but not the DCA sticker, which is necessary to receive State SHIP funding. The meeting was very positive and everyone felt good about working together to come up with viable solutions to assist First Assembly in it's mission to provide critical services to the Iow- income and homeless population in Collier County. Cc: H. Denton Baker, Financial Administration and Housing Director John Yonkosky, Utility Billing and Customer Service Director Phil Tindall, Impact Fee Coordinator Lee Combs, HUD and Federal Grants Manager Cormac Giblin, Housing Development Manager Janeen Person-Coale, HUD Grant Coordinator Community Development and Environmental Services Office of the Administrator NOV 0 5 2002 EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, BY ESTABLISHING A GEOGRAPHIC OVERLAY FOR THE IMMOKALEE AREA AND PROVIDING FOR A COMPONENT ROAD IMPACT FEE DEFERRAL PROGRAM TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED ROAD IMPACT FEE RATES OBJECTIVE: Board of Coun[y Commissioners adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, thereby establishing a Geographic Ov[rlay for the Immokalee area to provide for Road Impact Fee deferrals to mitigate the economic effects of increased Road Impact Fee Rates. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related transportation capital improvements since October 7, 1985. Road Impact Fees were increased in 1990, 1992 and 2000. On October 8, 2002, the Board adopted a Resolution increasing rates to more than double the previous level. 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, necessitated this latest rate adjustment, which took effect November 1, 2002. Staff presented a proposed Road Impact Fee schedule to the Board in an advertised public hearing on July 30, 2002. During the public hearing, the Board 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. Among staff's recommendations presented at the September 17th workshop was implementation of a five-year Road Impact Fee deferral program for all new construction (residential, commercial and industrial) within the boundaries of a defined geographic overlay area. The recommended boundaries of the Geographic Overlay District are those of the Immokalee Planning Community, the same being the boundaries of the Immokalee Future Land Use Map (attached). - A~,~DA IT'EJ~4 NOV 0 5 2002 Ordinance Amendment---Geographic Overlay for the Iramokalee Area Page 2 The developer or property owner (as applicable) for each development benefiting from the program would enter into a deferral agreement with the County, the term of which would commence upon issuance of a building permit. The agreement would specify the amounts deferred, which the developer or owner would pay at the end of the five-year period. The County would stop issuing deferrals pursuant to this program when the right- of-way phase of a transportation capacity project that specifically benefits the Immokalee Road Impact Fee District (Impact Fee District 5, see attached) is included in the adopted Transportation Five-Year Work Program. GROWTH MANAGEMENT IMPACT: Road Impact Fees 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: Road Impact Fee District 5 (Immokalee Area) revenue receipts have averaged less than $120.0t}0 per year for the past five years, which is less than one percent (<1%) of the County-wide total. Implementation of this Geographic Overlay and deferral of Road Impact Fees will not adversely effect capital project funding because there are currently no tran~pc, r~ation capital improvement projects identified in the adopted Transportation Five-'~ c~' Work Program. RECOMMENDATION: Tha* the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the C~] ii :-~- County Code of Law and Ordinances as amended by Ordinance No. 2001-13. thc ( ~ ;~' County Consolidated Impact Fee Ordinance, thereby establishing a Geographic £)x c-rl~v for the Immokalee area to provide for Road Impact Fee deferrals to mitigate thc economic effects of increased Road Impact Fee Rates: and that the Board authorize an effective date of said Ordinance to occur upon filing with the Office of the Florida Secretary of State. Prepared by: Approved by~~ Date: .~~'~ /t Jj6seph K. Schmitt, Adminigtrator Community Development & Environmental Services Division NOV 0 5 2002 ], ORDINANCE NO. 2002 -~ :3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING 4 CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND :5 ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE 6 COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), 7 ESTABLISHING A GEOGRAPHIC OVERLAY FOR THE 8 IMMOKALEE AREA TO MITIGATE THE ECONOMIC EFFECTS OF 9 INCREASED ROAD IMPACT FEE RATES BY PROVIDING FOR ]0 ROAD IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A ], ! PERIOD OF TIME NOT TO EXCEED FIVE YEARS OR UNTIL THE ].:2. RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR !3 REFINANCED; PROVIDING FOR INCLUSION IN THE CODE OF 14 LAWS AND ORDINANCES; PJ=IOVIDING FOR CONFLICT AND !:5 SEVERABILITY; PROVIDING A~I EFFECTIVE DATE 16 17 WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the ]*8 "Collier County ConsOlidated Impact Fee Ordinance," the same being Chapter 74 ].9 of the County's Code~of Laws and Ordinances, which repealed and superceded, :20 in their entirety, all of the County's previous impact fee regulations; and :2]* WHEREAS, on October 8, 2002, the Board adopted Resolution No. 2002-423, :2:2 which increased Road Impact Fee rates; and :23 WHEREAS, the Board desires to promote and foster economic development and :24 increase the availability of affordable workforce housing in the Immokalee area; 25 and :26 WHEREAS, programs to offer relief for new development from the increased 2'7 Road Impact Fee rates will contribute significantly to economic development and 28 additional, new affordable housing in Immokalee; and 29 WHEREAS, no major Collier County road construction project is planned to 30 commence in the Immokalee area for the next five (5) years; and 3]. WHEREAS, annual Road Impact Fee receipts in the Immokalee Road Impact 32 Fee District (Road Impact Fee District Five) are historically less than one percent 33 (1%) of the County-wide total, therefore the subject Road Impact Fee deferrals in 34 this District will not adversely affect transportation capital project funding. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 38 39 40 41 42 43 44 ~--" 45 46 47 SECTION ONE. A new Article 11, Subsection G in Section 74-201 of Collier County Ordinance No. 2001-13, as amended, is hereby created to read as follows: G. Immokalee Area Geo.qraphic Oveday. 1. Pursuant to the provisions set forth in this Subsection and in Section 74-403 in Article IV, the County shall defer the payment of Road Impact Fees for all Impact Fee Development and Impact Fee land use uses within the ,qeoqraphic boundaries of the Immokalee Future Land Use Map of the Immokalee Area Master Plan, as set forth in Ordinance No. 97-65, as amended, Underlined text is added; struck through text is deleted. AC, E~A rrE~ NOV 0 5 2002 pg. '~ 6 7 8 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 36 37 38 39 4O 41 42 1 the Immokalee Area Master Plan Amendments to the Growth Manaqement Plan of Collier Countl/, Florida. 2. Any Person seeking a Road Impact Fee deferral for proposed Development wholly within the Overlay Area shall file with the County Manaqer an application for deferral prior to receivinq any Buildin.q Permit for .... ~' proposed Development. The application for deferral must contain the following: a. The name and address of the property owner; and b. An up-to-date and complete legal description of the site upon which the Development is proposed to be located. 3. If the proposed Development meets the requirements for deferral under the Geographic Overlay as set forth in Section 74-403, the County Mana.qer may enter into an Impact Fee deferral agreement with the Owner. The Road Impact Fee deferral aqreement shall stand in lieu of payment of Road Impact Fees pursuant to Section 74-202 of this Article, which Impact Fees would otherwise be due and payable as a prerequisite to the issuance of the Buildin.q Permit{s) for that Development but for the deferral aqreement. 4. The County's imeres~ in the Road Impact Fee may be subordinated to all first mortqaqes or other co-equal security interests, and will automatically be subordinate to the Owner's previously recorded first mortqaqe and/or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. SECTION TWO. A new Section 74-403 in Article IV of Collier County Ordinance No. 2001-13, as amended, is hereby created to read as follows: Section 74-403. Immokalee Area Geo,qraphic Overlay Deferral District. A. A qeographic overlay for the Immokalee area to enhance Collier County's economic development and affordable housinq proqrams by mitiqating the economic impacts of increases in only Road Impact Fee rates is hereby established. This ,qeo.qraphic overlay and its component Road Impact Fee deferral pro¢l, ram shall apply to all development and impact fee land uses which lies wholly within the then existin.q qeoqraphic boundaries of the Immokalee Future Land Use Map of the Immokalee Area Master Plan, as set forth in Collier County Ordinance No. 97-65, as amended, the Immokalee Area Master Plan Amendments to the Growth Manaqement Plan of Collier County, Florida. The ¢3eoqraphic overlay and its component Road Impact Fee deferral proqram shall remain in effect until the time that any road right-of-way phase of any Collier County transportation capacity project is included in the County's then Adopted Transportation Five-Year Work Proqram and any roadway of any such proiect is planned to cross or abut any boundary line of Road Impact Fee District Five (5), Underlined text is added; struck through text is deleted. AGEJ~OA ITEM NOV 0 5 2002 1 2 3 4 5 6 7 8 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 36 37 38 39 41 42 as described in Appendix B within the followinq five (5) years. Any and all executed Road Impact Fee deferral a,qreements existin,q on the date that such transportation C~_rnaCity project is included in the Transportation Five-Year Work Pro.qram shall remain in effect until such a,qreement is terminated accordin,q to the aqreemenrs provisions. However, as of the next business day followin,q the date when such transportation capacity prelect is included in the Transportation Five-Year Work Proqram, the County shall not enter into any new Road Impact Fee deferral a.qreement pursuant to the qeoqraphic overlay set forth in this Section, and as of that cut-off date shall not extend or otherwise amend any such then existin.q deferral aqreement. B. Prerequisite to any such impact fee deferrals, the Owner shall apply for and enter into a Road Impact Fees Deferral A.qreement with Collier County. The a.qreement shall contain the followin.q provisions {'and such other provisions, if any, deemed necessary by the Board in the specific aqreement): 1. The correct le.qal description of the affected property, describinq the Impact Fee Development that is subject to the respective deferred Road Impact Fees (which is the property that will be subiect to lien and be subject to foreclosure); and 2. That the deferred Road Impact Fees shall in all events be paid to the County not later then the last day of the 5th contract year, and 3. That such payment shall be without interest only if the aqreement has not been breached by the non-County party thereto at any time in that five (5) year period, but shall be subiect to interest retroactively to the effective date of the aqreement if the a.qreement is breached by the non-County party thereto; and 4. That the deferred Road Impact Fees shall be due and payable, and shall be paid to the County upon the first occurrence of any of the followinq: When any part of the affected real property is sold1 or is transferred, or is refinanced1 and in any such event the deferred Road Impact Fees shall be paid in full to the County not later then the closinq of the sale, or not later then the effective date of the transfer, or before the refinancin,q becomes final; and 5. That such Road Impact Fees shall automatically become a lien on the affected property (the property described in the le,qal description noted above}, and shall be due and payable (and may be foreclosed upon by the County) if and when there is any breach of the a,qreement by the non-County party thereto; and 6. That the recorded aqreement shall serve as an obliqation to pay the deferred Road Impact Fees that runs with the affected property and that such obliqation shall terminate upon the County recordin.q in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred Road Impact Fees; and 3 Underlined text is added .............. ~.. text ~s deleted. AC~.I~)A ITE:~ NOV 0 5 2002 6 7 8 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 2t6 37 38 39 40 41 42 7. That neither the deferred Road Impact Fees nor the a.qreement providin.q for the deferral of Road Impact Fees shall be transferred, assiqned, credited, encumbered, or conveyed from the property, and that the deferral of Road Impact Fees and the A.qreement shall run with the land; and 8. That upon satisfactory completion of all requirements of the a,qreement by the non-County party thereto, the County shall record all necessary documentation evidencinq satisfactory completion of the a,qreement, and any such lien shall terminate upon the recordinq of a release or full satisfaction of lien in the public records of Collier County. Such release shall be recorded upon payment in full of the Ro~d Impact Fees; and 9. The a.qreement shall b~ bindin,q upon the property Owner's, its successors and assiqns; and 10. '[hat the a.qreement shall be recorded in the Official Records t of Collier County atr~0 cost or expense to the County and the aqreement shall not be effective until it is so recorded. 11. That if the non-County party is in a non-curable default under the aqreement, or if the default is curable and the curable default is not cured in full within thirty {30) days after written notice to do so provided to the Owner by the County, the Board may brin.q a civil action to enforce the deferral aqreement and that the Board shall be entitled to recover all fees, costs and expenses, includinq attorney's fees, costs and expenses incurred by the County in enforcinq the aqreement, plus interest thereon. C. In the context of this Section 74-403, "interest" shall always be at the then maximum statutory rate for final iud,qments, calculated on a calendar day basis until paid in full. In the event that interest should beqin to accrue because the non-County party breaches the a,qreement, such interest shall accrue retroactively back to the commencement date of the respective Road Impact Fee deferral a,qreement. D. As used in this Section 74-403, ~Sale" includes each and every voluntary or involuntary sale of any part of the fee title to any part of the real property that is subject to the respective deferred Road Impact Fees (as described in the a,qreement). "Transfer" includes each and every transfer, voluntary or involuntary (includinq transfer by court order or order of any administrative aqency or administrative body, and includinq whether the transferee is a qovernment or aqency of a ,qovemment) exceptin,q only the followinq: Transfer of fee title of the property from one oriqinal tenant by the entireties to the other ori.qinal tenant by the entireties; Transfer of any part of the fee title between (or amonq) the ori,qinal joint tenants, or between or amonq the ori.qinal tenants in common. "Refinancinq" includes any extension of the payment term or any increase in the amount financed, of any ori.qinal mortqaqe(s) or other financinq document that has as security for the payment obliqation any fee title to the real property that is subject to the deferred Road Impact Fees. "Oriqinal" 4 Underlined text is adde0 .............. ~.. text ~s deleted. NOV 0 5 2002 1 2 3 4 5 6 7 8 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 36 37 38 39 40 41 42 43 44 45 46 47 refers to the parties to the relevant document on the effective date of the applicable Road Impact Fee deferral aqreement. Notwithstandin.q anythin,q in this Section 74-403, the Board of County Commissioners may by Resolution waive the tri,q,qerinq of the obli.qation to pay deferred Road Impact Fees due to a sale, a transfer or refinancinq if in the jud.qment of the Board the respective sale, transfer or refinancinq is of a such a minor nature as not to justify that the deferred Road Impact Fees should become due and payable because of the sale, transfer, or refinancinq. All such decisions by the Board shall be final. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this ©rc]:~ce shall be made a part of the Code of Laws and Ordinances of Collier L~:;~ty, Florida. The sections of the Ordinances may be renumbered or relet;ered to accomplish such, and the word "ordinance" may be changed to "secti:- ~r~icie", or any other appropriate word. SECTION FIVE: EFFECTIVE DAr L This Ordinance shall be e~f~;tive Department of State. upon filing with the Florida PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ d~y ~= ,2002. DATE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James N. Coletta, Chairman Approved as to form and legal sufficiency Thor~as C. Palmer, Assistant County Attorney\ Underlined text is added; st-tuck thrcuGh text is deleted. ~--~A ITEM NOV 0 5 2002 Memorandum To: From: Date: Subject: CC: Joe Schmitt, CDES Administrator Denny Baker, Financial Administration and Housing Director October 3, 2002 Action Items From Impact Fee Workshop James Mudd, County Manager Attached is a compilation of the items receiving Board direction at the Impact Fee Workshop. Each item is summarized complete with fiscal impacts, estimated timeframes, and approval authority. Staff is proceeding with the Board of County Commission's direction as outlined in the summaries. Feel free to contact me directly at 403-2333 if you have any questions or concerns regarding this issue. AC-..,EI~A ITEM NOV . 0 5 2002 Action :Items from Tmpact Fee Workshop Workforce Housing and Economic Development in Immokalee :Item Objective #10: Geographic Overlay for :[mmokalee Area Direction Given to Staff: Staff was directed to prepare a Board agenda item for creation of a geographic overlay for the ]~mmokalee area aimed at providing Road Impact Fee relief for affordable/workforce housing and economic development. Fiscal ]:mpact: ][mplem&ntation of this program will not adversely effect capital project funding because (1) annual Road ]mpact Fee receipts in Road Impact Fee District Five (:[mmokalee) are less than one percent¥(<l°/o) of the County-wide total and (2) there are currently no transportation capital improvement projects identified in the Adopted Transportation Five-Year Work Program. Staff recommends implementation of a five-year Road Impact Fee deferral program for all new construction (residential, commercial and industrial) within the boundaries of the overlay area. The developer or property owner (as applicable) for each development benefiting from the program will enter into a deferral agreement with the County, the term of which will commence upon issuance of a building permit. The agreement will specify the amounts deferred, which the developer or owner will pay at the end of the five-year period. The County will stop issuing deferrals when the right-of-way phase of a transportation capacity project that specifically benefits the Immokalee Road l~mpact Fee District (Immokalee area) is included in the Adopted Transportation Five-Year Work Program. Approval Authority: Board of County Commissioners, by adoption of an ordinance amending Ordinance No. 2001-13, as amended, the Collier County Consolidated [mpact Fee Ordinance, after an advertised public hearing. Anticipated ]:mplementation Timeline: Less than two months-- adoption on November 5, 2002 and effective date of December 1, 2002. Probability Of Enactment: Requires a simple majority vote. Staff Conclusion: Staff will draft an ordinance for adoptior November 5, 2002 regular BCC meeting with a recommended date of December 1, 2002. :fectige NOV 0 5 2OO2 Western Collier Countg Road Impact Fee map LEE COUNTY © mmmm XENDRY COUNTY MONROI R 30 (~ I EXECUTIVE SUMMARY APPOINTMENT OF MEMB~S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: To confirm the appointment of 2 members representing the City of Marco Island's Fire Rescue/EMS and a representative of the Collier County Fire Chief's Association. CONSIDERATIONS: On July 30~ the Board of County Commissioners approved Ordinance No. 2002-39 amending Ordinance No. 2000-70, as amended, to increase the number of regular members from 12 to 14 and decrease the number of ex-officio members from 3 to 1. This 12- member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. COMMITTEE RECOMMENDATION: To confirm the following appointments: Chief Michael Murphy representing Marco Island/Fire Rescue/EMS - expiring 8/31/05 Chief Rob Potteiger representing Collier County Fire Chief's Assoc. - expiring 8/31/05 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the recommendations for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointmems. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 5, 2002 Memorandum To: From: Sue Filson, Executive Manager Barbara Brown, Administrative Assistant, EMS DepaH..ent Date: October 25, 2002 Subject: Emergency Medical Services Advisor~ Council Notice On July 30* the Board of County Commissioner approved Ordinance No. 2002-39. This Ordinance amended Ordinance No 2000-70; as amended; the Emergency Medical Services Advisory Council; by amending the Collier County Code of Laws and Ordinances Section 50-28; to increase the number of regular members from twelve (12) to fourteen (14) and to decrease the number of ex-officio members from three (3) to (1). Section 1-D a representative of the City of Marco Island who is in the profession of Fire Rescue/EMS. The EMSAC council is recommending the appointment of Chief Michael Murphy to a three year term ending August 31, 2005 Section 1-G a representative of the Collier County Fire Chief's Association. The EMSAC council is recommending the appointment of Chief Rob Potteiger to a three year term ending August 31, 2005. Emergency Services Division Emergency Medical Services Advisory Council Name Mr. Michael F.X. Geraghty 15405 Cedarwood Lane Naples, FL 34110 District: 2 Category: Commission District Dr. Fay R. Biles 1588 Heights Court ¥ Marco Island, FL 341'45 Distr/et: 1 Category: Commission District Ms. Heather Rockcastle 342 Pinehurst Circle Naples, FL 34113 District: 1 Category: At-Large Mr. Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large Mr. John Dowd 3999 Gardens Boulevard Naples, FL 34105 District: 4 Category: Commission District Ms. Valerie Stolts 6320 Coach Light Drive Naples, FL 34116 Oigtrict: 3 Category: Commission District Vt'ark Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 261-3756 09/24/02 08/31/05 598-5233 3 Years 09/17/96 08/31/99 3 Years 394-3089 09/24/02 8/31/05 3 Years 10/10/00 08/31/03 3 Years 417-1192 11/01/94 08/31/97 3 Years 793-0933 10/10/00 8/31/03 3 Years 09/24/02 08/31/04 2 Years 261-4217 Wednesday, Sel~ember 25, 2002 263-5068 06/11/02 08/31/03 353-2982 Page 1 of 3 1 Year L Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDale 2nd Term Ms. Kathryn M. Godfrey 530 18th Avenue, N.E. Naples, FL 34120 District: '5 Category: Commission District Ms. Gail Dolan P.O. Box 413029 Naples, District: Category: Naples Community Hospital 348-2531 12/14/99 08/31/02 0~/2~2 08/31/05 262-3131 Deputy Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department 774-4434 Ms. Stephanie Vick 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Health Department 774-8200 Fire Chief Jim McEvoy 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples 3 Years 3 Years Dr. Robert Zehr 1105 5th Avenue South Naples, FL 34102 Category: Cleveland Clinic 01/13/98 08/31/99 2 Years 09/24/02 08/31/05 3 Years 09/17/96 08/31/99 3 Years 09/24/02 08/31/05 3 Years 02/27/01 08/31/02 1.5 Years 09/24/02 08/31/05 3 Years 434-4610 09~24~02 08/31/05 3 Years Wednesday, Septemb~ 25. 2~02 348-4000 10/10/00 08/31/03 3 Years Page 2 of 3 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms am 3 years. Ord Amended on 10/10/00 to add a representative from Cleveland Clinic (Ord. 2000-70) ETA T ,1~ej~.. Jeff Page, Emergency Medical Services Director. 774-8459 Wtdntsday, Septtmber 25, 2002 Page 3 of 3 EXECUTIVE .SUMMARY APPOINTMENT OF MEMBER(S) TO THE C_~~~ ESTATES LAND TP. UST COMMITTEE OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on October 13, 2006, on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee had 2 terms expire on October 13, 2002 for applicants residing in Golden Gate Estates Units 21-22, 36-47, 52-53, 59-93 or those units located south of Alligator Alley. This 5-member committee serves in an advisory capacity to the Board of County Co_m_missioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The terms for Stephen B. Crreenberg and Karen M. Acquard expired on October 13, 2002. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGOR~ DlST. ELECTOR ADV. COMM. Stephen B. Greenberg - Phase II1 5 Yes Golden Gate Estates Land Trust RE-APPOINTM E NT Corem ittee Karen M. Aequard - Phase II1 5 Yes Golden Gate Estates Land Trust Committee RE-APPOINTMENT Golden Gate Estates Master Plan COMMITTEE RECOMMENDATION: Stephen B. Greenberg - re-appointment Karen M. Acquard - re-appointment 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 confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 5, 2002 ITEM To: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners F rom: Stacey Sandman Property Acquisition and Construction Management Date: Oct 28, 2001 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their October 7, 2002 meeting, unanimously recommended the Board of County Commissioners accept the applications of Ms. Karen Acquard, and Mr. Stephen Greenberg for membership to the Committee. Ms. Acquard resides within Golden Gate Estates, Unit 71, (Phase I). Mr. Greenberg resides within Golden Gate Estates, Unit 21, (Phase III). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department AGENDA nl~ 2002 Golden Gate Estates Land Trust Committee Name Mr. Matthew G. Hudaon . ~ 321 13th Strut, S.W. ~v ~_,o~' Naples, FL 34117 /x/~,~.~..~/~ D~: 5 ~o~: P~ I Mr. Stephen B. Greenberg 2780 8th Street, Naples, FL 34120 District: 5 Category: Phase III Worlt Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term a53-4a~ 05/11/93 10/13/95 2 Years 45~072 10/12/99 10/13/03 4 Years 10/11/94 10/13/98 4 Years 455-1204 10/13/98 10/13/02 4 Years Ms. Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 District: 5 Category: Phase I 03/10/98 10/13/98 455-8318 10/13/98 10/13/02 Ms. Joy Dawson 3930 26th Avenue, S.E. Naples, FL 34117 District: 5 Category: Phase II 353-C~.44 Mr. Charles Purcell VanGelder, II 760 7th Street, S.W. Naples, FL 34117 District: 5 Category: Phase I 8 months 4 Years 09/11/01 10/13/05 4 Years 597-8774 1 O/10/95 10/13/99 4 Years 353-5713 10/12/99 10/13/03 4 Years Wednesday, September 12. 2001 Page 1 of 2 2032 Golden Gate Estates Land Trust Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee ~as created by Ord. No. 87-48, emended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provi~ions d an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Pmpertias, Inc. (f/d/a GAC Properties, Inc.) Applicants must reside within the subdivision known as 'Golden Gale Estates.' Members must reside within 1 of the 5 ~ within the G<)lden Gate Estates area. Terms are;~4 years FL STAT 125.01 ~taff.- Toni Mott, Supervisor, Real Property: 774-8991 Wednesday, September 12, 2001 Page 2 of 2 MEMORANDUM -~.: ..... ~:.., . DATE: October 11, 2002 TO: Elections Office FROM: Sue Filsorz, Executive Manag~ ' Board of County Commission~.,/' RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier Count)'. Also, please list the commission district in which each applicant resides. GOLDEN GATE ESTATES LAND TRUST Stephen B. Greenberg ~"] 2780 8t" Street, N.W. Naples, FL 34120 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: September 9, 2002 TO: FROM: Elections Office Sue Filson, Executive Manager~~1~' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem 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. GG EST LAND TRUST COMMITTEE COMMISSION DISTRICT Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 Thank you for your help. 2002 MEMORANDUM DATE: TO: FROM: September 9, 2002 Toni Mott, Real Property Management Department Sue Filson, Executive Managef~ - Board of County CommissioneI~" '" -' Golden Gate Estates Land Trust 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: Karen M. Acquard 441 24'h Avenue, N.E. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fxame, and I will prepare an executive summary for the Board's consideration~ Please ea¢~lgorize the applicams 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 pg. '7, Board of County Commissioners .. - 3301 East Tamiami Trail::= ~ , i!:ii=~ ~ · ~ (941)774,8~~: := :.: - -.~.,::._, Fax: (941) 774-3602 ~ Application for Advisory Committees/Boards Home Phone: Zip Code: Fax No. Business Phone: e-mail address: Board or Committee Applied for: Category (if applicable): ~ Z:~c~ Example: Comlui~ol~ Diatriet, l)eveJoper~rvb'Oln~entMJst~ lay person, etc. Are you a reg~s~red voter in Comer County: Yes ~'/ No Do you currently hold public office? Yes No ~' If so, what is that office?. Please list your community activities (civic clubs, neighborhood associations, etc. and positions Experience: pleose atmck any ~_ggMonal informaV]on ! (eel pertinenL Tkis application sko#id be fomarded to Sue Fils°~ ~oard of Cmmty Commissioners, 3301 East T~mi~mi Trai~ Naples, FL 341 ~ 2. if ym~ wbk, pte~se ~ Home Phone 239-455-8318 ' Email LadiJOatt. net 441 24th Avenue NE Naples, FL 34120 September 02, 2002 Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Board Members1.~ I have bccn a member of the Golden Gate Estates Land Trust Committee for a little over four years. My first appointment was to.complete the term of a committee member who had resigned. This was followed with a regular four year term. In the time I have been on the Land Trust Committee I have been part of many accomplishments for the Estates area. Ten prototype rural safety shelters were built at the most dangerous school bus stops, land has been given to the Collier County School system for the Martin Luther King Elementary School, fire trucks and additional equipment i'~._s been purchased for both Golden Gate and Big Corkscrew Island Fire Departments, an EMS station was opened on Golden Gate Boulevard and 13th Street, and an exercise room was equipped at the Louise Hasse Community Center to name a few. I have enjoyed being a member of this committee and participating in the process that has made these projects possible and I would very much like to continue serving the Board of Commissioners and the residents of the Golden Gate Estates as a member of this committee. Sincerely, Kare~. Acquard MEMORANDUM DATE: October 11, 2002 Toni Mott, Real Property Mana~ en~ ~t Su~ Fiisml, Exeoltive ~er ~ ~ Board of Coumy CommissionersCd" RE: Golden Crate Estates Land ~Trust Committee \ As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued regluesti~ citizens interested in serving on thi~. committee to submit a resume for considellfliom I have'attached the resumes received for your review as follows: Stephen B. Oreen~g 2780 8th Street, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 will prepare an executive summary for the Board's consideration. Please e~tegorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this SF Attacks FROM : FAX NO. : 941455649? Sep. 23 2~2 03:15PM P2 Board of County Commissioners 3~01 Kaat Tnmiami Trnil Naples, FL .34112 (941) 7'/4-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Board or Commjltee Applied zip C~e: ,:54J ~0 address: Category (if applicable): lr.~nmple: Commil~on ~lrlcf, ~ciop~r, elwironmeal~U~, ~y ~ ~ ~ you a regb~r~ voter h ColUer Count: Yes ~ Do you currently hold public office? Yes No If ~ what ~ that ~? Do yo~ now serve, or have you ~er served, on a Collier Counfy board or eommit~e? H yr~, please Iisi tile eommltt~Jboard s: ~_.~ ~.. ~l~ Please list your community ~ctivities (civic clubs, neigh!~orhood assoc~atiog}s, etc. and positionL Please ~.ac4 ~ ~ldltional itlform~tlon .yea feel pem~enL TS~ O~5~fion shoMd be founded to Sae ~l~on, ~ FRON : FAX NO. : 9414556497 S~p. ~3 ~ 05:15PM P3 September 23, 2002 Advisory Committee ,4~pplication Golden Gate Estates Land Trust Committee T~,~ C~mmittee As a current memoer ox uu~ ~,,umm,,,,~, - ,~-- ---- -- -,- . . ----. -- ::' , .... -'-~--+ ofC~oklen C.~ate F.~taies ~r 11 ~ ami a resmen~ o~ aoolications. 1 Ilave oeen a ~uural~ u ........... j r:.:~;., r',,,,,,,,, R~r 1S years I am oresently serving on t~e Ltome~ uate r..stales ~ _ '~""'"' '~"'~J .... ~ .... - ........... '-- "--~ ...... lslelld Trust Committee and also am an aouve Volm~aer ru~giner wire ~g ~on~a~w Fire Control and Rescue Dimiot. It is my, intent to continue being an active member of thc C.~olden Oate Estates community. Thank you for yoo consideration of this request. If you have any questions regarding this applicalion, I ~c~~hed at (239) 455-0640. EXECUTIVE SUMMARY APPOIHTMENT OF MEMBER(S) TO THE HEALTH AND HUMAN SERVICES ADVISORY CoMMrrTEE OBJECTIVE: To appoint 2 members to serve as members of the Health and Human Services Advisory Committee. CONSIDERATIONS: This 16 member committee was created on June 26, 2001 by Ordinance No. 2001-40 to assist staffin developing a comprehensive health and human services plan and propose an integrated system of private and public funding to meet the needs of local health and human service agencies. Terms are 1 ~ear. A list of the current membership is included in the kup. \ We currently have 2 vacancies due to the resignations of Tina Marie Oseeola (representing the Collier County Sherif~.,s Office) and Pat F. Engelhardt-Provence (represeming Banking and Trust Industry). A pr~s release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGO R~' IKatherine Todd Ellen M. Ryan COMMITTEE RECOMMENDATION' IBanking Background Nursing Background DIST.. ELECTO.R ADV. COMM. 3 lYes I None 2 / Yes I None Katherine Todd - representing Banking & Trust Dr. Joan Colfer - representing Health Dept. Although Dr. Colfer did not submi~ ~:-~ application, she has agreed, if appointed? to serve on the committee as a representative of the Health Department. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the 3ecommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Fiison, ExecUtive Manager Board of County Commissioners Agenda Date: NOVEMBER 5, 2002 Memorandum To: From: Date: Subject: Sue Fiison, Executive Manager to the Board of County Commissioners John Dunnuck, Public Services Administrator October 28, 2002 Appointment of Health and Human Services Advisory Members At the October 17' meeting of the Health and Human Services Advisory Committee, the members voted to recommend filling the vacancy created by Pat Engeihardt-Provence and Tina Osceola with Katherine Todd and Dr. Joan Colfer. Even though Dr. Colfer did not apply, the committee recommended that one of the two positions vacated by Englehardt-Provence and Ms. Osceola be filled with a representative from the Health Department. If you have further questions regarding these two recommendations, please do not hesitate to contact me at 774-8468. jl)/baw Public Services Division AGENDA Health and Human Services Advisory Committee .Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Joe Patemo 992-8000 1271 Foxtrot Court 643-4811 Naples, FL 34104 District: 3 Category: SW FL Workforce Development Bd. Mr. George Drobinski 4552655 4626 Lakewood Boulevard 4556131 Naples, FL 34112 District: 1 Category: Catholic Charities of Collier County Dr. Carl J. Sheusi 5198 Kensington High Street 430-1878 Naples, FL 34105 District: 2 Category: Independent Health Care Provider Mr. Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 District: 1 Category: NCH Healthcare System 10/23/01 06/26/02 06/25/02 06/26/03 Mr. Fielding Epstein 9816 Rockybank Naples, FL 34109 District: 2 Categoo,: Cleveland Clinic Ms. Tina Marie Osceola 4447 29th Avenue, S.W. Naples, FL 34116 District: 3 Category: Collier County Sheriff's Office I Year I Year 10/23/01 06/26/02 1 Year 06/25/02 06/26/03 1 Year 04/24/02 06/26/02 2 months 06/25/02 06/26/03 I Year 436-5113 10/23/01 06/26/02 I Year 774-4754 06/25/02 06/26/03 1 Year 348-4488 10/23/01 06/26/02 1 Year 593.9556 06/25/02 06/26/03 I Year 793-9505 10/23/01 06/26/02 I Year 354-0430 06/25/02 06/26/03 1 Year g?ednesdag; September 11, 2002 Page I of 4 Mr. Emle Bmtzm~ 2284 50th Terra~, S.W. Naples, FL 34116 Distrh::t: 3 Category: Unit~l Way Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 10/23/01 06/26/02 06/25/02 06/26103 261-7112 455-3496 Terln 2nd Term Ms. Dee S. Whinnery 481 31 st Street, S.W. Naples, FL 34117 District: 5 Category: Collier County School Board I Year I Year 430-5704 10/23/01 06/26/02 ! Year 354-9804 06/25/02 06/26/03 1 Year Ms. Susan Luenberger 479 Rudder Road Naples, FL 34102 District: 4 Category: Community Foundation of Collier Count 649-5000 10/23/01 06/26/02 213-9275 06/25/02 06/26/03 Mr. Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 District: 3 Category: Health Insurance Industry 1 Year 1 Year 59%199 10/23/01 06/26/02 1 Year 591-1199 06/25/02 06/26/03 I Year Ms. Ann Campbell 103 Clubhouse Lane, #285 263-1755 Naples, FL 34105 District: 4 Category: Health Planning & Finance Committee 06/25/02 06/26/03 261-5405 10/23/01 06/26/02 73%2206 06/25/02 06/26/03 Ms. Petra M. Jones P.O. Box 1 Ft. Myers, FL 33902 District: Category: Mental Health Association I Year I Year I Year Wednesday, September II, 2002 Page 2 of 4 pg._c( Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Edward T. Ferguson ! 0/23/01 215 Silverado Drive 06/25/02 Naples, FL 34119 District: 3 Category: County Government Productivity Comm Ms. Margaret Williams 108 Tucana Court, #603 Naples, FL 34119 District: 3 Category: Dental Association 262-1522 06/25/02 304-2888 Mr. Jim Coletta 3301 East Tamiami Trail Naples, FL 34112 District: 5 Category: County Commissioner 774-8097 10/23/01 06/25/02 Ms. Angela Valvo Collins 591-3331 09/10/02 4324 Silver Fox Drive 597-4137 Naples, FL 34119 District: Category: Chamber of Commerce x _.(/~,, R.~~ ~ 9---- Ms. Pat F. Engelhardt-Provence "%04-7715 06/25/02 46110 St. Croix Lane, #537 594-7715 Naples, FL 34109 District: 3 Category: Banking and Trust Industry 06/26/02 06/26/03 06/26/03 06/26/02 06/26/03 06/26/03 06/26/03 I Year I Year I Year 1 Year 1 Year 9 months 1 Year Wednesday. September 11, 2002 Page 3 of 4 Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 16 member committee plus 1 commissioner was created on June 26, 2001 by Ordinance No. 2001-40 to esMst staff in developing a comprehensive health and human services plan and propose an integrated system of private and public funding to meet the needs of local health and human eewico agencies. The committee consists of members from a broad base of cltJzer~ and disciplines including: The United Way, Community Foundation of Collier County, Collier County Community-Based Car~lliance, SW FL Workforce Development Board, Public School District, Sbedff's Ofrw, e, Hunge~ Homel_,,J~__~ Coalition, Naples Chamber of Commerce, Mental Health Association, Dental Aeso~iation, Naples Community Hospital, Cleveland Clinic, Banking and Trust Industry, Health Care Planning & Finance Committee, Health Insurance Industry, and a local ~ldependent Health Care Provider. Terms are 1 year. FL STAT Staff.. John Dunnuck, Public Services Administrator. 774-8468 Wednesday, September 11, 2002 Page 4 of 4 pg. L MEMORANDUM DATE: September 9, 2002 TO: FROM: Elections Office Sue Filson, Executive Manage .t~~ Board of County Commissioneffo-J Voter Registration - Advisou 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 Coum.~. Also, please list the commission district h~ which each applicant resides. HEALTH & HUMAN SERVIC[5< .?'}V COMM COMMISSION DISTRICT Katherine Todd 195 Vintage Circle Naples, FL 34119 Ellen M. Rvan 15360 Milan Lane Naples, FL 34110 Thank you for your help. MEMORANDUM DATE: TO: FROM: September 9, 2002 John Dunnuck, Public Services Administrator Sue Filson, Executive Manager~ Board of County Commissioners~ Health and Human Services Advisory Committee As you know, we currently have a vacancy 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: Katherine Todd 195 Vintage Circle Naples, FL 34119 Ellen M. Ryan 15360 Milan Lane 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. Please categorize the applicants in areas of expertise. If you have any questions, please call me j~[ 774-8097. Thank you for your attention to this matter. SF Attachments 08/30/2082 00:07 94i4307955 KAllf_~I~i~ TODD Co"i~r County Home 1 BCC I Application for Advisory Committees/Boards PAGE 02 P~ge I of 2 Board of County Commissioners 3301 t:.~f Tamiami Trail ~upJt'.,.:, Fl. 34! 12 !239) 7'74-8097 Application fin' Advisory Committee/Boards office ? NO Do yma aow ~rve, or luwe y~a enr urv~, ~ · CMlier Cmmly lmard or C~mmit~ee? http ~/www.coi Um, gov. n~'oc, c/advi~20applicatio~ btm pg. _.___°g--~/2& )2 08/30/2002 00:07 9414307955 KATHERII,E TODD Col:i~r County ttmne I BCC I Appli~at/on for Advisot~ Committees/Boards p/~?.~ 83 Page 2 of 2 http'.//www, c, oilicrlov.~advi~ny%20Spl~cation.htm AGENDA ITEM NO. c'~c 8/28/02 08730/2002 00:07 9414307955 KATHERINE TODD PAGE 84 B.A.; Stanford Univemty M.A., M.S.W.; Wa.mhingmo Uoiversity 19~9 - 1995: Smio~ vice-lr~d~-m, Personal trust and estate administration, Libe. rty National ~ and Trust Company, Louisville, Kent~ky 1982 - 1989: Clinit~l Director, ,~l~eltef Hous~ for Runaways, YMCA Center for Youth Alternatives, Louisville, Kentucky 1977 - 19~0: ~, Vi,~im and Witne~ Services, Office of the Conunonwenlth's Attorney, Louisville, Kemucky 1973 - 1977: Coordinator, Information m~d RefefraJ Services; Director, Public Information and Community Edu~rior,, River R~gion Mental Health-Mental Rettrdntion Services, Louisville, Kmm~ky 1985 - 1999:. Offi~ oflh~ Public Defender, Dependency and Family Court judtl~, Child ~v~ $mvk~, J0fferson County School System, Rap~ Reli~-fCent~, Crisis and Boar~ of Ditg~: The Family Pts~ Centn' for Women and Families, Ftmily ud Children's .A~n~y, A~tors Thea~ of ~lle., Clamlx~ Muti~ So~i~ Vnlunt~.r Lr'"zlm--Mmlly ~ (N-,_nt,L ~ ofWom~ Vmm~ (Bored), A.A.U.W., Wom~n's Notwork for Chan~, Coili~ County Juvenile Justice Cou~il, Reaglinlt Tutor (Poinciana Elementary), Writin~ Tutar (Vineyants ~.~nmna~), Cons,~z-y of SW 08/3tD/2002 80:07 KATHERINE TODD FAX COVER SHEET Sue Filaon Executive Mana~r, BOCC FROM: DATE: August 30, 2002 it OF PAGES (including cover) 4 qug ,~S Bill & Ellen Filson ;~39 430 0367 941 p.l p.1 Boa rd o£ County Commissioner~ 3301 F.,~t Tnmlnd~ Trdl NUpl~ FI. ~112 (94 { ) 77~7 Fax: (~!) 774.3~ Appliention for Advisory Committees/Boards Borne Addr~ss:._/_~'.~ ~"~/~') ~',~/~/~ Zip Co~: ~//~ Are you a registered w/er in Collkr Cou~r:: Ye~_ ~ No Do you currently imm public afl, ce? Ye: No If so, wba! H H.~t oW~ce? Please lis~,our community activities (cb ,c ci=~s, neigblx)rbood associations, etc. and positions Experience: · . ~. · ,,~ ~ Post4r Fax Not~ 707'1 u,,,,~/~? I,,L~_~ ~ Ce. EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CH2MHILL, INC., IN THE AMOUNT OF $98,453, FOR THE DESIGN OF VANDERBILT BEACH ROAD FROM AIRPORT-PULLING ROAD TO COLLIER BOULEVARD, PROJECT NO. 63051 OBJECTIVE: To gain Board approval of the negotiated Supplemental Agreement No. 4 to the Professional Services Agreement with CH2MHiI1, Inc., for the design of Vanderbilt Beach Road Improvements, Project No. 63051. CONSIDERATION: On May 8, 2001, the Board approved the Professional Services Agreement with CH2MHill, Inc., for the design of Vanderbilt Beach Road from Airport- Pulling Road to Collier Boulevard. The design included a six lane divided road section from Airport-Pulling Road to Logan Boulevard and a four lane divided road section from Logan Boulevard to Collier Boulevard. On June 13, 2001, Change order No.1 was issued to prepare temporary signal plans. On June 11, 2002, the Board approved Supplemental Agreement No. 2 for the design of new and relocated utilities; and No. 3 for the design of value engineering improvements which included revised horizontal and vertical alignments for improved drainage and safety. Approval of Supplemental Agreement No. 4 will authorize the consultant to proceed with the design of a six lane divided road section from Logan Boulevard to Collier Boulevard, thus the full length of the project will be a six lane divided urban arterial. A recent review of the future traffic conditions by modeling, and a review of the development activity along this corridor led to the conclusion that the section from Logan Boulevard to Collier Boulevard should be a six lane roadway. Further, an economic review of the project shows that $300-500,000 in savings can be achieved by constructing the six lanes now compared to reconstruction at a future date. In addition, Vanderbilt Beach Road is planned for extension east of Collier Boulevard to Wilson Boulevard which will cause a further increase in traffic. A corridor study for this extension is progammed for next year. A copy of the negotiated scope of services and fee are attached. The consultant's proposed fee was substantially less than the engineer's estimate. The completion date of the Professional Services Agreement will be extended by 30 calendar days to May 22, 2003. All work in this supplemental agreement will be included with the 90% design plan submittal. FISCAL IMPACT: Funds in the amount of $98,453 are available in the q Impact Fee District I Fund. Source of funds are Impact Fees. rarlgnnrt~tlon NO. NOV 0 5 2002 GROWTH MANAGEMENT IMPACT; This Capital Improvement CIE No. 24, is consistent with the 2025 Collier County Needs Plan. Element, RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 4 with CH2MHill, Inc., in the amount of $98,453, and that the Chairman be authorized to sign Supplemental Agreement No. 4 as provided herein. Allen R. Ruth, P.E., Senior Project Manager Transportation Engineering & Construction Management Department \""'i~, ;_' ~0,~%v~-, Date: REVIEWED BY: '" Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Departmen! REVIEWED BY: ~- ~~'"'"'"'~- Gregg R. Strakaluse, P.E., Director Transportation Engineering & Construction Management Department REVIEWED BY: _-~: _~'/~.~/ ~,.---- Date: Stephen')'~. Camel~, Purchasing / General Services Director / PPaOWI Oat : Norma/n-E. Feder, AICP, Transportation Administrator / NOV 0 5 2002 I ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEER~G SERVICES AGREEMENT FOR VANDE15,BILT BEACH ROAD - C.R. 862 (Airport Pulling Road to Collier Boulevard) PROJECT NO. 63051 Supplemental Agreement No. 4 September 23, 2002 DESCRIPTION Supplemental Agreement No.4 provides for thc Consultant's services to be expanded to include revising the previously submitted 60% plans package per the tasks listed below in Part 1 - Scope of Work. Design fees that correspond to these tasks are included in Attachment B. PART 1. - SCOPE OF WORK TASK 1: The CONSULTANT will provide additional engineering services required for revising the Vanderbilt Beach Road (VBR) 60% Plans to show a continuous 6-lane section from Airport Pulling Road to Collier Boulevard. Presently, the design of VBR shows a 4-lane section from approximately Logan Boulevard to Collier Boulevard. This task includes meetings, coordination, all engineering calculations, design analysis, and revisions to the VBR 60% plans. Sub-tasks required to complete the design are shown below, associm, ~d fee~ are shown in Attachment B. NOV 0 5 2002 C:~Documents and Settings\b~amer~Local Settings\Ternporm-y lntcrnct Files\OLKl\¥BR_Supp_4 Scope.doc ,i Attachment A VBR Supplemental Agreement No. 4 10/03/02 1.1 Key sheet: 1.2 General Notes 1.3 Drainage Maps 1.4 Typical Sections 1.5 1.6 1.7 1.8 Summary of Pay Items Summary of Drainage Structures Project Layout Plan and Profile Sneetsi.12 1.9 Intersection Lax'our/Detail Sheet No modifications required No modifications required Modify drainage areas on the last 3 drainage maps to reflect the new impervious area. Recalculate drainage areas for basin calculations. Eliminate 4-lane section. Revise Section to show 6-lane to Collier Blvd No modifications required No modifications required No modifications required Modifications to VBR plan and profile sheets to show 4-lane to 6-lane revisions from Logan Blvd to Collier Blvd Revise Intersection Plans for VBR/Palm Royale median opening. Revise Plans for the VBR/Collier Boulevard Intersection. 1.10 Drainage Struck::-': '> ~eets 1.11 Drainage Detaii5 1.12 SWPPP 1.13 Soil Survey Sheet 1.14 Cross Sections 1.15 1.16 Traffic Control Sheets Utility Adjustment Sheets Rcvisicm~ will b~ required to the proposed ground cross sections shown on 8 sheets No modifications required No modifications required No modifications required Revise cross sections to show 6 lane section. Revise medians to show curb and gutter. Revise volumes. 20 sheets @4 sections per sheet - total 80 sections Revise MOT Typical Sections. Revise 13 plans to show construction of 6-lane section. Revise shading for Phase I and Phase II Plans. Revise Plan view in 12 sheets to reflect 6-1ane section. C:~Documents and SettingskbgramerkLocaI Settings\Temporary Internet Files\OLKI\VBR_Supp_4 Scopex 10/03/02 ,c NOV 05 2002 Attachment A VBR Supplemental Agreement No. 4 10/03/02 1.17 Signing and Marking 1.18 Signalization Sheets 1.19 Lighting Plans 1.20 Structure Plans \ 1.21 Quantities/Cost Estimate 1.22 Permit Modifications 1.23 Drainage Calculations 1.24 Project Management 1.25 Quality Assurance/Quality Control Revise plans to reflect 6-lane section and m-stripe for interim condition at VBR/Collier Blvd intersection Work will include revisions to the VBR/Collier Boulevard Intersection Revise Plan view on 6 sheets to reflect 6- lane section. Revise proposed ground cross section shown in Harvey Canal Box Culvert Plans to reflect 6-lane section Revise affected quantities and cost estimate to reflect 4-lane to 6-lane modifications Modify permit data to reflect new drainage areas, pervious/impervious calculations for the 6-lane condition Modify drainage calculations to reflect the new 6-lane configuration. Revise drainage areas, pervious/impervious calculations, basin and pipe run c~Jcnlaticm~. Coordinate with County staff. Attend meetings, provide project management, coordination QAJQC for revised plans & calculations PART 2. - PROJECT SCHEDULE: The project design schedule for design services shall be: 1. Any modifications to the plans and Permit shall be completed and included with the 90% Construction Plans, estimated delivery of December 20, 2002. PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule C:kDocuments and SettingskbgramerY.,ocal Settings\Temporary Internet Files\OLKI\VBR_Supp_4 Scope.~ 10/03/02 NOV 0 5 2002 VANDERBI]_T BEACH ROAD (AIRPORT-PULLING ROAD TO COLLIER BOULEVARD) SUPPLEMENTAL AGREEMENT NO. 4 1'O PROFESSIONAL SERVICES AGREEMENT THIS Supplemental Agreement No. 4 to thc Professional Services Agreement, Contract 01-3195, dated May 8, 2001 (hereinafter reft'red to as the "AGREEMENT") is mad~ and entered into this day of 2002, by and between the Board of County Commissioners, Colli~ County, Florida, a political subdivision of the State of Honda, (he.-¢in,~er referred to as the "COUNTY" or "OWNER"), and CH2MHill, Inc., a corporation duly authorized t: c2nduct business in the State of Florida, whose business address is 4350 West Cypress Street, Suit~ 600, Tampa, FLorida 33607 (hereinafter referred to as the "CONSULTANT"). WITN~qSETH WHEREAS, OWNER and CONSULTANT ct~-remlx hax e a valid Professional Services Agreement for the provision of professional services for the Design and Permitting of Vanderbilt Boaeh Road (Airport-Pulling Road to Collier Boulevard), Project No. 63051 (hereinafter referred to as the "PROJECT'), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTA~NT agree test? and engineering services consisting of the design of approximately two miles of Vanderbilt Beach Ro=d f-rom Locan Boulevard to Collier Boulevard as a six lane section, presently planned as a four lane sectior4 additiona7 to the services being contemplated under said AGREEMENT are necessary; a~d. WHEREAS, CONSULTAN-I- represents that he .-.a~ :n. c' vt, v:: sc and the ~:ype of professional services that will be required for completion of the project. NOW, THEREFORE. in consideration of the m.~tu,i c,- enan:s and provisions contained herein, the parties agree as follows: 1.1 1.2 ARTICLE CONSL-LTANT shall provide to OWNER vroim >~,r.: Design. Surveying and Environmental services in all phases of the project to which this sup[lemzn:~ .:~reement applies. CONSULTANT shall provide professional s,:rx [:es ~n add!tion to those outlined in said AGREEMENT as noted in Attachment A, Scope of Services as art~:ned hereto, and made a part hereof. 2.1 2.2 ARTICLE TWO OWNER agrees to compensate CONSULT.~NT for senqces rendered hereunder as prescribed in Attachment B, Cost Estimate, as attached hereto, and made a part hereof. AGREEMENT mount through Supplemen: No. 3 ............... $ 1,977,512.34 This Supplemental Agreement No. 4 ............................... $ 98,453.00 Revised AGREEMENT total amount .............................. $ 2,075,965.34 3.1 ARTICLE THREE The schedule for said PROJECT will be revi;ed to add 30 calendar days from April 22, 2003, to May 22, 2003. Page 1 of 2 AGF~nn, dTI=.,~ NOV 0 5 2002 ARTICLZ FOUR The AGREEMENT, as modifie~l, shall r~mfin m full force and effect. IN ~S WHEREOF, the p~.ies hereto have .-xe:utexl this Supplemental Agreement to the Professional Services A~'eement for the Design and Permimng of Vanderbilt Beach Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY CONLMISSIONERS FOR CO- ] Ilar COUNTY, FLORIDA, A POLITICAL SL-BDIgqSION OF THE STATE OF F/OR/DA. By: By:. Approved as to form and legal su.~ciency: Assis[ant C~unty,'~ttomey Witness Ct-~MHill, Inc. By j~~ ~dent (CORPORATE SE.aL) Page 2 of 2 .o,_' NO_V 5 2002 I{' iV 0 5 2OO2 ITl:Id 0 5 2002 q EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND STORMWATER RETENTION SITES IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE VANDERBILT BEACH ROAD SIX..LANING PROJECT FROM AIRPORT-PULLING ROAD TO COLLIER BOULEVARD (PROJECT NO. 63051). FISCAL IMPACT: $4,088,000 OBJECTIVE: ,To obtain authorization from the Board of County Commissioners to acquire by gift or pur(~iase all rights and interests in real property which are required for the construction ar~ maintenance of a six lane section of Vanderbilt Beach Road from Airport- Pulling Road to Collier Boulevard. CONSIDERATIONS: In June of 1996, Vanderbilt Beach Road was identified in the Long Range Needs Plan as a six-lane arterial roadway. Upon the adoption of the Annual Update & Inventory Report (AUIR) in October 1999, the expansion of Vanderbilt Beach Road between Airport Pulling Road and Collier Boulevard was added to the Capital Improvement Element (CEI) by the Board of County Commissioners. Vanderbilt Beach Road was listed as one of fourteen projects as needing to be addressed as part of a transportation emergency declared by the Board of County Commissioners in the spring of 2000. On May 8, 2001, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of CH2MHiII, Inc., for the design of these improvements to Vanderbilt Beach Road. The CH2MHilI, Inc., design plans have now reached a milestone level of completion at which point it can be determined the extent of the right-of-way and other interests in real property that will be required to construct the project. Right-of-Way Maps and legal descriptions of the right-of-way and easement parcels along the project corridor are currently being prepared. Adoption of the attached Resolution will provide the Board's authorization and directive to staff to secure title work, obtain independent real estate appraisals, make written purchase offers for the real property interests required to construct the project, and to negotiate and close on the purchase of the afore-mentioned right-of-way and easement parcels. Such acquisition may include the complete parcel of land and all improvements contingent upon a willing seller. The County may resell acquired properties via the guidelines and procedures for the sale of County assets to the highest bidder to recover costs. FISCAL IMPACT: Total estimated costs for all right-of-way acquisitions for this project are estimated to be approximately $4,088,000. This figure includes all land and improvements, severance damage claims, appraisal fees, title policies, and all expenses associated with condemnation of the necessary right-of-way from Airport-Pulling Road to Collier Boulevard. The total acquisition costs would be reduced considerably if parcels can 3e rather than acquired by condemnation. Where whole takes ocCUr, the in ialN~ost .. could l ( NOV 0 5 2002 increase, but future resale of the property should result in no increase or possible savings over the partial acquisition. All expenses will be funded from the Transportation Supported Gas Tax Fund and Transportation Impact Fee Funds. Source of funds are Gas Taxes and Impact Fee Funds. GROWTH MANAGEMENT IMPACT: As the expansion of Vanderbilt Beach Road to six lanes from Airport-Pulling Road to Logan Boulevard and four lanes to Collier Boulevard is identified as Capital Improvement Element No. 24 within the County's Growth Management Plan, the recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution authorizing the acquisition by gift or purchase of all dghts and interests in real property which are required for the construction and maintenance of a six lane section of Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard; and 2. Where property owners are willing to sell the parent tract and all improvements and the County has determined that a significant impact will occur to the parent track as a result of the project, authorize staff to acquire the parent tract at fair market value; and 3. Authorize the Chairman to execute same on behalf of the Board; and 4. Approve any and all budget amendments required. T~ra ~spH0~'~adtiT~k~:'n~g?n~r°ifn-'gWaandY~conasgtre~ction Ma nagement REVIEWED BY: "~. ~ ~,,'(,~,'1~-"- DATE: ~ Allen R. Ruth, P.E., Senior Project Manager Transportation Engineering and Construction Management REVIEWED BY: REVIEWED BY: APPROVED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg R. Strakaluse, P.E., Director Engineering and Construction Management Department Norman Feder, AICP, AdministratOr Transportation Services Division NOV 0 5 2002 pg. RESOLUTION NO. 2~0~- __ A RESOL~ON AUTHORING THE ACQUISITION BY GIlT OR PURCHASE OF · RIGI-rr-oF-WAY AND STORMWATER RETENTION SITES IN FEE SIMPLE T1TLE, AS Wl~JJ. AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR LFFHJI~ EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEi~iENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL, BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE VANDERBILT BEACH ROAD SIX-LANING PROJECT 0aROJECT NO. 63051). 1 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, due to continually increasing tmffiq volumes on Vanderbilt Beach Road, it is now 15 necessary and it is in thc best interests of the citizens~of Collier County to expand the capacity of 16 Vanderbilt Beach Road from two lanes to six lanes between Airport-Pulling Road and Collier 17 Boulevard (CR-95 l)(hercinafter thai"Project"); and 18 WHEREAS, in October 1999, after wvicw of the AUIR (Annual Update and Inventory 19 Report), the expansion of Vanderbilt Beach Road from two lanes to six lanes between Airport-Pulling 20 Road and Logan Boulevard and from two lanes to four lanes from Logan Boulevard to Collier 21 Boulevard (CR-951) was added to the five year work pro.am by the Board of County Commissioners; 22 and 23 WHEREAS, on May 8, 2001, the Board of County comrmssioners approved a negotiated 24 contract for professional engineering services with the firm of CH2MHJll, Inc., for the design of six- 25 laning improvements to Vanderbilt Beach Road from Airport-Pulling Road to Logan Boulevard and 26 four-taning improvements from Logan Boulevard to Collier Boulevard (CR-951), Project No. 63051 27 (CIE No. 24); and 28 WHEREAS, on November 5, 2002. the Board of County Commissioncm will approve a 29 Supplemental Agreement with the firm of CI-I2MItilI, Inc., for the design of six-laning improvements 30 to Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard (CR-951), Project No, a I 63051 (CIE No. 24); and 32 WHEREAS, CH2MHill, Inc., has produced a 60% design plan which shows the need for 33 additional right-of-way within the right-of-way acquisition corridor depicte~l on Exhibit "A;" and 34 WHEREAS, thc construction of thc transportation improvements and related facilities currently 35 being designed by CH2MHilI, Inc. along the project corridor, as depicted on Exhibit "A," are 36 necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will 3'~ .ssist Collier County in meeting certain concurrency requirements of the Growth Management Plan for 38 Collier County. AGEND ~ ~r NOV 0 :~9 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 40 COI .I.rgR COUNTY, FLORIDA, that: 41 1.. The Board has determined that the expansion of Vanderbiit Beach Road from two lanes to six 42 lanes from Airport-Pulling Road to Collier Boulevard (CR-951) is necessary and is in the best interests 43 of Collier County. 44 2. The construction and maintenance of the transportation improvements and related facilities is 45 compatible with the long range planning goals and objectives of the Growth Management Plan for 46 Collier County. 47 3. It is necessary and in the best interests of Collier County for the Board to acquire fcc simple 48 parcels, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and 49 temporary construction easements, and temporary., driveway restoration easements within the project 50 corridor identified on Exhibit 'A;" and County Staff ~ hereby authorized and directed to acquire said 51 right-of-way and associated easement interests by girt or purchase. 52 4. The Board hereby directs staff to use indcp~:nc~-nt appraisal reports or internal compensation 53 estimates as staff determines is necessary to best ~ ~', ~ 'mc needs of the Project in a timely and cost- 54 effective manner. 55 5. The Board, in accordance with the prox:-:~: ! Section 125.355, Florida Statutes, hereby 56 formally waives the requirement for a formal, ::.-~:~,:nacnt appraisal report for the purchase of a 5'7 property where the purchase price is less tha~- One Hundred Thousand and 00/100 Dollars 5g ($100,000.00). In lieu of the independent appralsai report, staff is hereby authorized to make purchase 59 offers for the properties, the dollar amounts of '~:h~ch shall be predicated on "staff compensation 60 estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties 61 and upon consideration and application of appropriate market value and cost data pertinent to the 62 subject parcels. 63 6. Thc Board bereby authorizes its present Chairman and any subsequent Chairman, for the life of 64 thc Project, to execute any instruments which have been approved by the Office of thc County 65 Attorney, to remove the li~n of any encumbrance and for any such other purpose aa may bc required 66 for the acquisition of property rights necessary for the construction of thc Project. 67 7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or 68 "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project 69 Manager of his designation, is hereby delegated the authority to approve the purchase of property -Page 2- AGENDA IT£M NOV 0 5 2 07 70 72 73 74 75 76 77 78 79 8O 82 83 84 87 89 9O 91 92 93 94 95 96 97 98 100 101 102 103 104 105 106 rights above the staff compensation estimate or appraised value, and pay normally relat~t costs, when it is in the best interest of the Project, and when the difference between the proposed negotiated settlement amount (purchase price) and compensation estimate (or the appraised value) is less than Twenty-Five Thousand and 0W100 Dollars ($25,000.00), or the current purchasing limits established by thc Collier County Pun;hasing Department, provided, Project funding is available. 8. That thc settlement ~roval authority is delegated by thc Board to thc cxtcnt that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Ememcnt Agreement~ and Purchase Agreements which have been approved in the manner set forth in Paragraph 7. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement." to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those deeds, easements, or such other legal documents as the Office of the County Attorney may require, thc Board hereby authorizes the Finance Department to issue warrants, payable to thc property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK By: Clerk day of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS OF COt J JER COUNTY, FLORIDA JAMES N. COLETrA., CHAIRMAN Approved as to form and Assistant County Attorney -Page 3- AGEND~ ITE~ No ..... NOV O EXECUTIVE SUMMARY REVIEW AND APPROVE THE FY 2003 ANNUAL WORK PLAN FOR THE COUNTY MANAGER OBJECTIVE: To approve the annual work plan for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual work plan is developed by which the County Manager will be graded throughout the fiscal year. The County Manager's present contract requires that this work plan be developed within the first 120 days of the executed contract date of 30 July 2002. FISCAL IMPACT: None GROWTH MANAGEMENT: There is no growth management impact associated with this item. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, review and approve the FY 2003 Annual Work Plan for the County Manager. ~J~-~es V. Mudd, CountyManager t',?V '- -S ~ The County Manager is tasked with carrying out the policy direcUon provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day- to-day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2002 through September of 2003. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, flnandal oversight, personnel, growth and capital project management. These areas are further categorized as to their pertinence and support of the FY 03 Strategic Goals and Objectives of Collier County that are enumerated below: It is Collier County's Strategic Goal - To Rebuild and l~ain~in Public Trust by dedicaO'ng it~ resources and efforts to the ~oliowing strategies (objecl~'ves): $.0. ~. Revising the Growth Nanagement Plan and Land Development Code to improve the County's ab#ity to manage and control the rare and quality o£ ~uture developmen& $.0. 2. Develop/ng reiiab/e Pub//c Infrastructure and Resource Nanagement Processes. $.0. $. Improving the financ/a/ p/anning, management and reporting processes. At the conclusion of the fisca! year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 5 scale. ]:ndividual evaluations will be totaled and averaged to determine the Board's collective position. The following areas of Communications; Leadership/Organizational Direction; Personnel Management support the Strategic Goal - To Rebui/d and Maintain Pub/ic Trust Far Far Below Below I~leets Exceeds Exceeds COMI~UNZCAT~ONS Standards Standards Standards Standards Standards 1 2 3 4 5 C. 1 (Internal) The County Manager will be expected to ensure and provide regular, accurate communicaUons within the employees of the Board of County Commissioners. C.2 (Internal) The County Manager will be expected to provide the Board of County Commissioners with Umely and ................. accurate responses to requests ~ c.~ for information. ~,.?, ! _ r~ ~ Far Far Below Below Meets Exceeds Exceeds COMMUNZGATZONS~ Cont. Standards Standards Standards Standards Standards 1 2 3 4 5 C.3 (internal) The County Manager will be expected to regularly communicate with the County Attorney and the Constitutional Officers to ensure that operations between these agendes and the Board of County Commissioners are coordinated. C.4 (External) The County Manager will be expected to provide information to the public through a minimum of . one speaking engagement per month on average, as well as, developing new means to provide information to the public regarding County information. C.5 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Far Far Below Below Meets Exceeds Exceeds LEADERSHIP! Standards Standards Standards Standards Standards ORGANZZAI'ZONAL DIRECTION I 2 3 4 5 L.Z The County Manager will ensure that there is a dear direction that is communicated throughout the organization. L.2 The County Manager will ensure that all executive summary reports provided to the Board have specific and I dear mcnmmendations._ _ _ Far :ar Below Below Meets Exceeds Exceeds LI;~._nERSHZP~ Cont Standards Standards Standards Standards Standards :t 2 3 4 5 L3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key communiLy issues: L4 The County Manager will have staff involved in professional organizations and intergovernmental coordination organizations s~.h as the Florida Association of Counties, to assist Collier County in achieving best management practices. t.5 The County Manager will ensure that the top management team for the County is provided clear organizational direction through specific action plans, regular individual and collective meetings. Far Far Below Below Meets Exceeds Exceeds PERSONNEL MANAGEMENT _~e_aa~dards Standards Standards Standards Standards 1 2 3 4 S ~.1 The county Manager will ensure that there exists written human resources policies and procedures that are used throughout the organization. i P.2 The County Manager will ensure that there is a training program for county employees to train them on best management practices, to ........ ensure concurrency within the I L~ ~ organization and to promote a safe workplace. I'" '~'~ - .5 2~[] I PERSONNEL MANAGEMENT, Far Below Below Meets Exceeds Far Con't Standards Standards Standards Standards Exceeds Standards 1 2 3 4 5 P.3 The County Manager will ensure that the County follows the Board's established policies for the hiring and management of its employees. P.4 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized means for salary administration. P.5 The County Manager will ensure that employees are provided performance expectations and performance I evaluations that are both designed to enhance performance. The following area supports Strategic Objective I: Revis/ng the Growth/4anagement P/an and Land Deve/opment Co~e to ~reprove the County's ab///ty to manage and contro/ the rate and quality of future deve/opment. ' Far Far Below Below Meets Exceeds Exceeds GROWTH MANAGEMENT Standards Standards Standards Standards Standards ! 2 3 4 5 G.1 County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land development Code (LDC), Through a series of workshops the BCC will provide guidance to the staff to these ends. G.2 The County Manager will continue to provide staff focus to get the Rural Fringe and Eastern Lands GMP amendments approved by DCA, along with the road checkbook concurrency GNP amendments. - :~ 2 102 Far Far Below Below Meets Exceeds Exceeds GROWTH HANAGEMENT, Standards Standards Standards Standards Standards Con0t 1 2 3 4 5 (3.3 The County Manager will supervise the development of LDC amendments to implement the Rural Fringe; Eastern Lands; and road checkbook concurrency amendments of the Growth Management Plan. G.4 The County Maria§er will provide staff coordination through a series of citizen committees to study and implement numerous communiLy planning initiates. The following area supports Strategic Objective 2: Developing reliable Public /nfrasl~z/c~ure and Resource Management Processes. Far CAPZTAL PRO3ECT Far Below Below Meets Exceeds Exceeds MANA(3EMENT Standards Standards Standards Standards Standards I 2 3 4 5 CP.1 The County Manager will provide a capiLal budget that 'will dearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such proj _ec _ CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and Umely. CP.3 The County Manager will ensure that for each key capital , project that there is dearly established responsibility, t',3V - budge~ and schedules for each. (~. CAPTrAL PRO2ECT Far Below Below Reels Exceeds Exceeds MANAGEMENT~ Con't Standar~Standards Standards Standards Standards 1 2 3 4 5 CP.4 The County Manager will work through the County's Finance Committee to bring recommendations regarding any and all capital projects that require financing. CP.5 The County Manager wil~ in particular track TransportationS& Utilities construction and provide the Bo~.rd with more frequent upclat~s as to progress and bring a reVised transportation construction plan and financing plan. The following area supports Strategic Objective 3: gmproving the finanda/planning, management and repo~'ng processes. Far Far Below Below Meets Exceeds Exceeds FZNANCTALMANAGEMENT Standards Standards Standards Standards Standards I 2 3 4 5 F.I_ The County Manager will present an opportunity annually prior to the development of the annual budget for the County Commission to have a policy level discussion regarding the next year's annual budget F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format i and then again in accordance 'with statute for public participation through a series of two separate public hearings F,3 The County Manager in conjunction with the Clerk of Court's Finance Department will maintain a system for managing the budget, to ensure that ,. budgets are properly administered. Far Far Below Below Meets Exceeds Exceeds FXNANCXALMANAGEMENT~ Standards Standards Standards Standards Standards C~n't ]. 2 3 4 5 F.4 The County Manager will provide finandal coordination through a committee including t~e Budget Office, the Clerk's Rnance Department, and the 'County's Rnandal Advisor who will review and make clear recommendations on any and all matters that involve financing issues. F.5 The County Manager will provide annual updates of user fees and other non-Ad Valorem revenue, i.e. impact fees, grants~ etc. F.6 The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issued rais,~; b~/the external auditors. t~0V - § 2~02 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR ENCORE SENIOR VILLAGE FOR UNPAID IMPACT FEES OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 1135, 1145, 1165, 1175 and 1185 Encore Way, Naples, Florida, 34110, owned by Encore Senior Living III, LLC in the amount of $49,620.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permit. The building permit was issued on June 8, 1999 for a Single-Story Alzheimer Residential Facility that is currently a licensed Assisted Living Facility. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $49,620.00. GROWTH MANAGEMENT IMPACT: Impact fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $49,620.00. SUBMITTED BY: Phillip 1~. Tindall, Impact Fe~ Coordinator APPROVED BY: /J~tt, Administrator Date' ommunity Development and Environmental Services Division AGENDA ITEM NOV 0 5 2002 co,,.E" cou.'n' 3301 Tamiami Trail East Naples, Florida 34112-4902 lalaphane: (941) 774-8400 FAX: (941) 774.0225 October 9, 2002 Randi S. Nathanson, Esquire (~a Facsimile Transmission) The Nathanson Group PLLC k \ 1520 Fourth Avenue, Sixth Floor'. Seattle, Washington 98101 Encore Senio~Living m, LLC (Yin Overnight Mail Service) 305 N. E. 102"° Avenue Portland, Oregon 97220 Encore Scmior Living III, LLC (Via Overnight Mail Service) C/O Registered Agent CT Corporation System 1200 South pine Island Road Plantation, Florida 33324 Encore Senior Living m, LLC (Via Overnight Mail Service) C/O Mr. Peter Muhlbach, President 305 N. E. 102nd Avenue Portland, Oregon 97220 DAtnD C. WEIGEL COLLIER COUNI~ ATTORNEY Hiidi F. Ashtoa Jennifer A. lall)adio Ellen 1. Chadwell Ramiro iiaMlich William E. iiaunlFord Thames [. Pelme~ iiichael W. Patti! lecquelina Hubbard Robinson iieriorie ii. Student Patrick G. White hbnrl Ii. Zachary RE: NOTICE OF LTEN FOR THE ENCORE SENIOR VILLAGE Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard the matter at the public hearing scheduled for November 5~ 2002. Therea~er, upon the Board's approval, a Claim of Lien will be filed w/th the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. NOV 0 5 2002 October 9, 2002 Page Two Sincerer, / ~/Assmtant County A~omey David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Bo~xt of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock. Clerk of the Circuit Court Joseph Schmitt, Administrator. Community Development Denton Baker, Business Manager for Comn'mnity Development ph/1 Ti~dall~ Impact Fee £ ~. ,rdmator Sandra IL James, Legal H: Jaclde/Bentley/La'. Nlc of Lien 1009~'? AGENDA ITEM ~ NOV 0 5 2002 pg. ~ ENCORE SENIOR VILLAGE NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: ENCORE SENIOR LIVING HI, LLC 305 N. E. 102"d Avenue Portland, Oregon 97220 Owner's Address: Encore Senior Living IH, I C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Flor/da 33324 And Encore Senior Living m, LLC C/O Mr. Peter Muhlbach, President 305 N. E. 102nd Avenue Portland, Oregon 97220 Legal Description or Address of Property Subject to Lien: ENCORE SENIOR LIVING Address: 1135 Encore Way, Naples, Florida 34110 1165 Encore Way, Naples, Florida 34110 1175 Encore Way, Naples, Florida 34110 1185 Encore Way, Naples, Florida 34110 Legal Description: Lot 3 of Tamiami Professional Center, Collier County, Florida, as more particularly described in attached "Exhibit A" A public Hearing will be held November 5t~, 2002 before the Collier County Board of County Commissioners to dete~ine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit B" in the amount of $49,620.00 against the above- referenced property. ~WsEND_ A ITF.~ NOV 0 5 2002 Page 2 Notice of More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees became delinquent on October 9, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $49,620.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $49,620.00 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9,2002 Th'~Lien was prepared by Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 3301 Tamiarni Trail East Naples, Florida 33962 - 4976 (941) 774-8400 STATE OF FLORIDA COUNTY OF CO11 .rg.R Acknowledged before me this ~77f- day of October, 2002 _by Joseph Scbmitt, who is personally known to me.~~ ~ Notary Public cc: Randi S. Nathanson, Esquire s~:~pF,~ NOV 0 5 200;: Log8'l Deacr4pt~on OR: Lot 3 of Tam/ami Professional Center according to the Plat thereof recorded in Pla= Book 31 at Pages 71 and 72 of the Public Records of Collier County, Florida. TOGETHER WITH access easement rights contained in Declaration of Covenants, Conditions, Restrictions and Easements for Tamiami Professional Center Commercial Parcel filed March 24, 1999, in Official Records Book 2527, Page 0088 of the Public Records of Collier County, Florida, as modified in the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements for Tamiami Professional Center Commercial Parcel dated April 19, 1999, and recorded in Official Records Book 2536, Page 3352, of said records. NOV 0 5 2002 -- COIl,mR COUlg FINANCIAL ADMINISTRAllON AND HOUSING DEPARTMENT :lSOO~.Ido~eshoe[~ive ' mples,~rida34104 · 239.459-5772 · r..a139..659-5725 CF.,R~'~ ~T7002 0860 0008 6511 9931 AL NOTICE OF IMPA~ FEE STA~ September 4, 2002 Mr. Peter Muhlbach, President Encore Senior Living ~ LLC 305 N.E. 102"d Avenue Portland, OR 9?220 Encore Senior Village Address: 1155 Encore Way, Naples, FL 34110 L~gal Description: Lot 3 Tamiami Professional Center, according to the plat thereof recorded in Plat Book 31, at Pages 71 and 72, of the Public Records of Collier County, Florida Dear Mx. McDaniel: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid June 8 and December 13, 1999, on Permits #1999040988, #199041006, #199041009, #199041012, and #1999041013, for Encore Senior Village as follows: :~'~"_~_~ Y?~..' ,m $ o.oo $827.00/Pex Umt 'J.~ ~ oa a~a~ AA $ 23,940.00 oon,~,- unit 60 ~ $179.00/P~r umt ~ $ 1O,li_~i.zlJ $150.52/Per Unit ~ ~ ~ $ 3,686.40 Unlmown Rate 60_._.~ ~ ~ $ 0.00 N/A ~ NOV 0 § 2002 Encore S~.nior Village School Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below arc thc amounts due. $ 49,620.00 $ 49~620.00 In summary, with t an Educational Facilities exemption, the Impact Fees in the amount of $49,620.00 are now due. In the event the School Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In adcUtion, a lien for all ~mounts then due against the property can be recorded in the Official Records of Collier County. Our records furxher indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, Encore Senior Village is entitled to the following refunds. tROAD $ 3,910.00 t ~__.~__ $ 3,566.40 [TOTAL $ 7,4'76.40 The net financial impact to Encore, after payment of amounts due and approval of the above refund, is as follows: FEE AMOUNT __._._. We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. NOV 0 5 2002 Encore Senior Village P~e 3 Iy, ~ Impact Fee Coordinalor Mr. John Thorp, Encore Semor Village, 1155 Encore Way, Naple~, FL 34110, Certified Mail #7002 0860 0008 6511 9948, ~ Receipt Requested Bo~xd of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court J~mes V. Mudd, Co~ty Manage' David C. W¢igel, Esq., County Aaorney Joseph K. $chmitt, Admimstrato:, Community Development & Environmental Services Division Robert W. Byme, CMA, Director o5 Audit Department Jacqu¢lme Hubbard Robmso:: ...... ~.ssistan! County At~rney Patrick G. Whim, Esq., Assis~a: . znzy Attorney Thoma~ C. Palmer, Esq., Ass::: _a~,nty. Attorney Denton Bakex, Director, Firane::..saministxation and Housing NOV 0 5 2002 EXECUTIVE SUMMARY. APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR ASTON GARDENS AT PELICAN MARSH FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 4780 and 4790 Aston Garden Way, Naples, Florida, 34109, owned by Aston Gardens at Pelican Marsh, Ltd. in the amount of$114,115.00. CONSIDERATIONS: Building permits were issued on May ! 0, 1999 and June 8, 1999 for 45-unit condo buildings. This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees at the time of the issuance of the building permits. In addition, Road Impact Fees were originally paid at the Multi- Family Rate of $935.00 per dwelling unit. A refund was issued in August 2000 due to a reduction of the Road Impact Fees assessed to the Retirement Home Rate of $455.00 per dxvelling unit and an exemption from Educational Facilities Impact Fees. After further review it was determined that the deed restrictions did not support the use of the Retirement Home Rate or an exemption from Educational Facilities Impact Fees. The Impact Fees were owed at the time the building permits were issued and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $70,915.00 and Road Impact Fees in the amount of $43,200.00. Total impact fees owed are $114,115.00 GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of$114,1,15.00. P'hi'~lipt-~. Tindal~, I~npact Fee Coordin APPROVED BY: APPROVED BY: / Jflseph K. scth~itt, Administrator . . . :o~mmunity Development and Environmental Services Dtws~on ,.Nofrnan E. Feder, AICE, Administrator Transporation Services Division AGENDA ITEM NOV 0 5 2002 Pg. ] QCOLLIER COUNTY 3301 Tamiomi Trail East Naples, Flarida 34112-4902 Telephone: (941} 774-8400 FAX: (941) '774-02:25 October 9, 2002 Richard D. Yovanovich, Esq. ( IZia Facsimile Tran.vmixsion) GOODLETTE, COLEMAN & JOHNSON 4001 Tamiami Trail North, Suite 300 Naples, Florida 34 103 Aston Gardens At Pelican Marsh, LTD. (t/ia Overnight Mail Service) 137 S. Pebble Beach Blvd. Sun City Center, Florida 33573 Aston Gardens at Pelican Marsh, Ltd. (Via Overnight Mail Service) C/O Registered Agent Richard Hutckinson 137 S. Pebble Beach Blvd. Sun City Center, Flor/da 33573 Aston Gardens at Pelican Marsh, Ltd. ('Via Overnight Mail Service) C/O Mr. Ron Myers, President 137 S. Pebble Beach Blvd. Sun City Center, Florida 33573 DAVID C. WEIGEL COLLIER COUNTY ATTORNEY Heidi F. Ashlon Jennifer A. Belpedio Ellen T. Chndwell Ramiro Mo~alich Willium E. MountFnrd Thomos [. I~nlme~ J~ichoel W. Pettit Jacqueline Hubbard Robinsna Marjorie M, Student Polrick G. While Robert N. Zochory RE: NOTICE OF LIEN FOR THE ASTON GARDENS Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard the matter at the public hearing scheduled for November 5th 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. October 9, 2002 Page Two Sin_cerely, t~'h / J'.~c .~eline~Hubbar. d Robirison L.atssistant County Attorney CC: David C. Weigel, County Attorney Ramiro Mahalich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schraitt, Administrators Community Development Denton Baker, Business Manager for Community Development phll Tindall, Impact Fee Coordinator Sandra R. James, Legal Assistant H: Jackic/ Bentley/ Lit. Ntc of Uen 100902 AGENOA I'rEM NOV 0 5 2002 ASTON GARDENS AT PELICAN MARSH NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: ASTON GARDENS AT PELICAN MARSH, LTD. 137 S. Pebble Beach Blvd. Sun City Center, Florida 33573 Owner's Address: Aston Gardens at Pelican Marsh, Ltd. CIO Registered Agent Richard Hmc~son 137 S. Pebble Beach Blvd. Sun City Center, Florida 33573 And Aston Gardens at Pelican Marsh, Ltd. C/O Mr. Ron Myers, President 137 S. Pebble Beach Blvd. Sun City Center, Florida 33573 Legal Description or Address of Property. Subject to Lien: ASTON GARDENS AT PELICAN MARSH Address: 4'7'80 Aston Gardens Way, Naples, Florida 34109 And 4790 Aston Gardens Way, Naples, Florida 34109 Legal Description: All that part of Section 25, Township 48 South, Range 25 East, Collier County, Florida, as more particularly described in attached '*Exhibit A" A public Hearing will be held Novembex 54, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as composite "Exhibit B" in the amount of $114,115.00 against the above-referenced property. NOV 0 5 2002 page 2 Notice of lien More than ~ (30) days hav~d ~m~e the amount due was determined and these impact f~t~Sr~ unpaid. The impact fees became delinquent on October 9, 2002~((~. ) days after receipt of the Final Notice of Impact Fee Statemen.t. From the date of becoming de~, ~ delinquency fee equal to ten per cent (10%) of the total impact f~iffill~ed shall be assessed. The total impact fee of $I 14,115.00 phs th.ed~l!~qlue.a~¥ ~ee shall bear interest at the statutory rate for final ju~-mentsii~ct as O~ the date of the delinquency or nine per cent (9%), calculateda~r~t(e'.~lend~ day basis, until paid. Pursuant to Collier County Ordi~ ~al~. 9~--22 and 92-33 as amended and Chapter 74 of the Collier CQnnty~,-of .I~ws. and Ordinances, you are hereby NOTIFIED by th~(Ga~e~o~. C~..._ier County that due to your failure to pay Impact Feescon the Pr~[llgt~ d°scribed above in the amount of $114,115.00 plus any accrued'intere~,ittte County shall forthwith file a Claim of Lien with the~Clerk of.~ae. ~¢~euit Court. ColLier County Government, Lierior Date: October 9, 2002 Tlr'ts Lien was prepared by Jacqueline Hubbard R~y~.inson, t~ssi~#nt Co#~lty Attorney Office of the County Attorney For: Collier County Government 3301 Tamiami Trail Et,~t Naples, Florida 33962-- 4976 (941) 774 - 8400 STATE OF FLORIDA COUNTY OF COLLIER. Acknowledgeldbbefol;erffie~fll~q7~ day of October, 2~/~2 by Joseph Schmitt, who is pe~.l~tl~ me. .~r~ ,,~"/~'-- __._ _ -- o y- ?ubLic CC: Richard D. YovanoRillh,,~Esqu~re AC, ENOA ~TE.~.._.. NOV 0 5 0R: 0340 All thac parc o£ Section 25, Township 4B South, Range 25 East, Coll£er County, Florida being more particularly described as follows: Commencing ac the ~or=hea~c .c~rner of said Section 25; thence along the East line of said Section 2~ South 02°07'14# East 1,216.90 fee=; Co the Point of Beginning; thence continue along the East line of said section 25 Sou=h 02o07'.1¢# East 1,062.65 fee/; thence leaving the East line of said Section 2~ South 89014"22" West 1,331.72 f~= fie the East boundary of the plat of Ed~ewild, Rlat Book 13, pages 44 and i5 of the p b~lc records of Collier County, Florida, said ~ also being the west line of the Eas~ 1/2 of the EasU !/2 of said Section 25; thence along said ~tne North 01~57'31" West.~.062.58 fee=; thence leaving said line North~9o14'22~ East 1,328.71 fee= to =he Poise'of Be~inning; LESS ARD EXCEPT ~E FeLIX)WING DESCRI~'?~ OUT PARCEL: ;ill that part of section 25, TBwmship 48 South, Range 2S East, Collier Counc~o Floric~a being more particularly described as follows: Co~nBing at the Nor=beast corner of said Secuion 25; thence alon~ the Eas~ line o~ said S~c~ion 25, South 02o07'14· East 1,216.90 feet; thence leaving ~he East line of said Section 25, South 89°f4'~2" west 5:0.14 feet =o =he Point-of Be=inning; thence South 02~07'14' East 125.28 feet; thence westerly 64.13 feeC"alon~ th~ arc of a non- tangential circular cuz-ve concave Southerly having a radius of 361.00 feet through a central angle of 10°09'01# and being subtended by a chord which bears South 81053'42# Wes= 6e.05 gee=; =hence Sou~h 76o49'11" West 252.29 feet; thence Westerly 162.30 feet along the arc of a circular curve concave Northerly having a radius of 225.00 feet uhrough a ~encral angle of 41019,45" and being sub=ended by a chord which bears North 82~30'57" Wes= 158.80 fee=; thence along a no~-tangen=ial line North ~B°09'$6" East 18.0~ fee=; =hence Northwesterly 12.11 fee= along the arc of a non-tangential circular cu_~-ve concave Nor=hoas=er%y having a [adius o~ 207.00 feet ~hrough a central angle of 03021'04" and being subtended by a c~ord which bears North 60o10'32- West i~.L1 fee=; =hence North 58'30'00' Wes= 2S.08 feet; thence Westerly 79.95 fee= alon~ the arc of a circular curve concave Southerly having a radiu~ of 142.00 fee= through a central angle of 32'15'38' and being subtended by a chord which beers North 74~37'49~ West 78.9U feet; thence South ~9olq'22` West 118.00 feet; thence South 89o14'22" West 32.87 f~e=; thence North 39'3~'36' West 28.48 feeu; =hence North 01'57'~1" West 85.5~ feet; =henc~ Norr. h 89*14'22" £asc 733.33 feec =o the ~oin= of Beginning. NOV 0 § 2002. -.: : COIff. R COUNIT HNANF/Ifilg STRATION AND HOUSING DEPARTMENT 2800.~ .... Naplea, Florida 34104 · 235-659-5722 ® Fax 239-659-5725 CERTIFIED MAIL #700~000~.65113887 September 4, 2002 Mr. Ron Myera, President Aston Gardens at Pelican41~,hlId.d. 137 S. Pebble Beach Blvd. Sun City Center, FL 335fl3 Aston G arg~la ~ttaP~ljlffin_'-M ars h Legal D e Sg~igj~: _~tlt~.lll~d Dear Mr. Myers: As per the PrelirnJnary'l~toticgt~fi~_l~.C.[~e~Statement received by your office on July 9, 2002 impact fees were paid on Perm~ #19~111 l;l;f~7asnd:Permit #1998111719, for Aston Gardens as follows: IMPACT FEE R~E "'"' .# OF UNITs AMOUNT PAID RAII~ DESC. ROAD Sj~.{10~e~ttit '.45 x 2 = 90 $ 40,950.00 Retirement Home SCHOOLS $8~.~',0~I~g~[. rdt ---?45 x 2 = 90 $ 0.00 Multi-Family COMM. PARKS $3~99.0~_1~t *-_45 x 2 = 90 $ 35,910.00 Residential REG. PARKS $I-~.9.~t -' 745 x 2 = 90 $16,110.00 Residential LmRARIFS $~Jl~0.~l~tdt' - 45 x 2 = 90 $16,246.80 Residential EMS ~:~.-?~0,Q~t~.L~t "- 45 x 2 90 $ 180.00 Multi-Family JAIL -- I~ ..... Prior to Ordinance TOTAL pair) '~' f- $109,396.80 School Impact Fees w~$cbl~e.~d _and Road Impact Fees were required to b~ paid at the Multi-Family rate. Li~~ounts due ba~ed on the rates indicated. IMPACr FEE ~ i[ -# OF U1V~S AMOUNT RA'r~ OWED DESCRIPTION ROAD $~)~~fOal~ '[ 45 x 2 = 90 $ 43,200.00* Mule-Family SCHOOLS ~.70001~l~rtlaili~- ' 45 x 2 =~0 - $ 74,430.00 Multi-Family TOTAL - $117,630.00 SCHOOL ~laq ~l}tlef/~_ 1_ - . ..... ($ 3,515.00) AMOUNT DUE $114,115.00 NOV 0 5 2002 Aston Gardens Page 2 *Amount owed is the difference between the incorrect rate of $455.00 per unit and thc correct rate of $935.00 per unit ($935.00 x 90 = $84,150.00 less $40,950.00 ~- $43,200.00). The refunds issued .for both buildings on or about August 1, 2000 for Road Impact Fees were incorrect. In order for the Retirement Home rate to apply, restrictions must have been in place restricting the property to adults or senior citizens. Our records do not indicate such restrictions existed prior to issuance of the building permits listed above. The School Impact Fee refunds were incorrect because the Deed Restrictions were not timely recorded. In the event School Impact Fees in the amount of $70,915.00 are not paid in full within thirty (30) calendar days of the effective date of service of this Final Notice of Impact Fee Statement, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. Sincerely, Philhp Impact Fee Coordinator Cc: Richard D. Yovanovich, Esquire, Goodlette Coleman & Johnson, P.A., 4001 Tamiami Trail North, Naples, FL 34103 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court Sames Mudd, County Manager David C. Weigel, Esq., County Attorney Joseph IC Schmi~ Administrator, Community Development & Environmental Ser~ce~ Division Robert W. Byrne, ClVlA, Director of Internai Audit Jacqucline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Administration and Housing NOV 0 5 2002 pg.~) _ C0H.mR COUNTY FIN C AD S ON AND HOUSING DEPARTM .NT 2800 N. Horseshoe Drive · Naple~, Florida 34104 · 239-659-5722 · lax 239-659-5725 CERTIFIED MAIL #7001 0320 0003 4604 5559 RETURN RECEgPT REQUESTED FINAL NOTICE OF IMPACT FEE STATEMENT August 22, 2002 Mr. Ron Myers, President Aston Gardens at Pelican Marsh, Ltd. 137 S. Pebble Beach Blvd. Sun City Center, FL 33573 Aston Gardens at Pelican Marsh Legal Description: Attached Dear Mr. Myers: As per the Preliminary Notice of Impact Fee Statement received by your office on July 9, 2002 impact fees were paid on Permit #1998111717, and Permit #1998111719, for Aston Gardens as follows: IMPACT FEE RATE # OF UNITS AMOUNT PAID" RATE DESC. ROAD $455.00/Per Unit 45 x 2 = 90 $ 40,950.00 Retirement Home SCHOOLS $827.00/Per Unit 45 x 2 = 90 $ 0.00 Multi-Family COMM. PARKS $399.00/Per Unit 45 x 2 = 90 $ 35,910.00 Residential REG. PARKS $179.00/Per Unit 45 x 2 = 90 $16,110.00 Resldential ! 5BRARIES $180.52/Per Unit 45 x 2 = 90 $16,246.80 Residential EMS $2.00/Per Unit 45 x 2 = 90 $ 180.00 Multi-Family JAIL N/A Prior to Ordinance TOTAL PAID $1097396.80 .... School Impact Fees were required to be paid and Road Impact Fees were required to be paid at the Multi-Family rate. Listed below are the amounts due based on the rates indicated. NOV 0 5 2002 Aston Gardcn~ · Pag~ 2 IMI~ACT FEE RATE # OF UNITS AMOUNT OWED DESCRIPTION ROAD $935.00/Per Unit 45 x 2 = 90 $ 43,200.00) Multi=Family SCHOOLS $827.00/Per Unit 45 x 2 = 90 $ 74,430.00 Multi-Family TOTAL $117,630.00 SCHOOL Payment 10/16/01 ($ 3,515.00) AMOUNT DUE $114,115.00 *Amount owed is the difference between the incorrect rate of $455.00 per unit and the correct rate of $935.00 per unit ($935.00 x 90 = $84,150.00 less $40,950.00 = $43,200.00). The refunds issued for both buildings on or about August 1, 2000 for Road Impact Fees were incorrect. In order for the Retirement Home rate to apply, restrictions must have been in place restricting the property to adults or senior citizens. Our records do not indicate such restrictions existed prior to issuance of the building permits listed above. The School Impact Fee refunds were incorrect because the Deed Restrictions were not timely recorded. In the event Road Impact Fees in the amount of $43,200.00 are not paid in full within thirty (30) calendar days of the effective date of service of this Final Notice of Impact Fee Statement, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier CountyCode of Laws and Ordinances. In addition, a Iien for all amounts then due against the property can be recorded in the Official Records of Collier County. A Final Notice will be sent 90 days from receipt of the Preliminary Notice of Impact Fee Statement for payment of School Impact Fees in the amount of $70,915.00 unless payment in full is remitted or documentation of qualification for exemption is provided. We respectf~y request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. Phillip R. Tindall Impact Fee Coordinator PT/pelf NOV 0 5 2002 Aston Gardens Page 2 Cc: l~chard D. Yovanovich, Esquire, Goodlet~e Coleman & Johnson, P.A., 4001 Tam, ami Trail North, Naples, F'L 34103 Board of County Commissione~ (6) Honorable Dwight E. Brock, Clexk of the Circuit Court James Mudd, Acting County Manager David C. Weigel, Esq., County Attorney Joseph K. $chmiit, Administrator, Community Development & Environmental Services Division Robert W. Byrn¢, CMA, Director of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Administration and Housing NOV052002 / EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR ARDEN COURTS AT LELY PALMS AND MANOR CARE AT LELY PALMS FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 6125 Rattlesnake Hammock Road, Naples, Florida, 34113, owned by Naples Retirement, Inc. in the amount of $84,317.04. CONSIDERATIONS: A building permit was issued on October 7, 1997 for an Assisted Living Facility. This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees at the time of the issuance of the building permit. Assisted Living Facilities are considered a residential use under both our old code and our new code~. Residential uses owe Educational Facilities (School), Parks and Library Impact Fees unless exempt. A building permit was issued on April 1, 1997 for a Skilled Nursing Home addition. Road Impact Fees were assessed for 10 beds but should have been assessed for 20 beds. The Impact Fees were owed at the time the building permits were issued and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $43,004.00, Park Impact Fees in the amount of $30,056.00, Library Impact Fees in the amount of $9,38T04, and Road Impact Fees in the amount of $1,870.00. Total impact fees owed are $84,317.04. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $84,317.04. Section 74-376 of the 1997 Collier County Code of Laws and Ordinances and Section 74- of the current Collier Count Code of Laws and Ordinances. NOV 0 5 2002 Pg' I Arden Courts and Manor Care at Lely Palms Page 2 SUBMITTED BY: APPROVED BY: APPROVED BY: Date' ~ep~ Adminlstrato _ . . ommunity Development and Environmental Services Diws~on Norman E. Feder, AICP,/~dministrator Transporation Services Division NOV O 5 2002 pi. 2 OCOLLIE'h COUNTY DAVID C. WEIGEL COLLIE~ COUH'I~ ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephane: [941) 774-8400 FAX: (941) 774-0225 October 9, 2002 Michael J. Ciccarone, Esquire (Via Facsimile) Goldstein, Buckley, Cechman R.ice & Purtz, P.A. P.O. Box 2366 Fort Myers, Florida 33902-2366 Naples Retirement, Inc. (Via Overnight Mail) 1000 Lely Palms Drive Naples, Florida 33962 Naples Retirement, Inc. (Via Overnight MaiO C/O Registered Agent Mr. Carl E. Westman 3003 Tamiami Trail North, Suite 270 c/o Roetzel & Andress Naples, Florida 33940 Naples Retirement, Inc. (Via Overnight MaiO C/O Ms. Sally Sitta, President 6464 Orchard Drive Naples, Florida 34102 Heidi F. Ashton Jennifer A. Belpadio Ellen T. Chodwell Ramiro Mafialich William E. MountFord Thomas C. Palmer Michael W. Pattie Jacquolino Hubbard Robinson ~arjorio M. Student Patrick G. White Robert ff. Zachary RE: NOTICE OF LIEN FOR MANOR CARE Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard the matter at the public hearing scheduled for November 5th 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the ~otal delinquent impact fees due within thirty (30) days of your receipt of this notice. AG~NOA ITEM NOV 0 5 2002 Pl~. "~ October 9, 2002 Page 2 Thank you for your attention to this matter. Sincerely, ~ I Ja~quelin[Hubbard Robinson ~,JAssistant County Attorney J-I-~:srj David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schmitt, Adrnirfistrator, Community Development Denton Baker, BusLaess Manager for Community Development phil Tindall, Impact Fee Coordinator Paul Ormond Manor Care of Florida, Inc.,C/O Registered Agent Manor Care of Florida, Inc.,C/O Paul A. Ormond, President Sandra R. James, Legal Assistant H: SackieY Bentley/Ltr. Nrc of Lien 100902 ARDEN COURTS AT LELY PALMS AND MANOR CARE AT LELY PALMS NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: NAPLES RETIREMENT, INC. 1000 Lely Palms Drive Naples, Florida 33962 Owner's Address: And Naples Retirement, Inc. C/O Registered Agent Mr. Carl E. Westman 3003 Tamiami Trail Ngrth, Suite 270 c/o Roetzel & Andress Naples, Florida 33940 Naples Retirement, Inc. C/O Ms. Sally Sitta, President 6464 Orchard Drive Naples, Florida 34102 And And Courtesy Copies to: Manor Care of Florida, Inc. C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Manor Care of Florida, Inc. C/O Paul A. Ormond, President 333 North Summit Toledo, Ohio 43699-0086 Legal Description or Address of Propert3/Subject to Lien: AR.DEN COURTS AT LELY PALMS AND MANOR CARE AT LELY PALMS Address: 6125 Rattlesnake Hmmock Road, Naples, Florida 34113 Legal Description: Commencing at the point of intersection of the west line of Section 21 and the Southerly R/W line of Rattlesnake Hammock Road (C-864),~ Collier County, Florida, as more particularly described in attached "Exhibit A" A public Hearing will be held November 5a, 2002 before the Collier County Board Of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as composite "Exhibit B" in the amount of $84,317.04 against the above-referenced property. A~O~ flZ~ NOV 0 5 2002 Page 2 Nodc~ of li~n More than thirty-(30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees became delinquent on October 10, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $84,317.04 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine per cent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-22, 92-33, 91-39, and 91-11 as amended and Chapter 74 of ttie Collier County Code of Laws and Ordinances, you are hereby NOTIFIE~D by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $84,317.04 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9, 2002 By: ~~ Th~s ~en }vas p epared by Ja&fueline Hubbard Robinson, Assistant Office of the County Attorney For: Collier County Government 3301 Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774- 8400 County Attorney STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this qT/P day of October, 2002 by Joseph S.c4xrnitt, who is personally known to me. cc: Michael J. Ciccarone, Esquire NOV 0 5 2002 OR BOOK P AGE i"' ,' · '-"Con~encing at the point oZ inte~aection of the west 31ne of SEC. and the Southerly R/W linb of p~tt'l~snake Honunock K~. lC-8&4}, sRge27,05uX along ~e sald R/W ~e.]"%or 2.00.f~C, thence rufl'sgg* 18'20'E along said R~ li~e ~or 581.21 fee~ ~o ~he ~OB. Thence ~n~tnue S89'18~20"E a~oflg said R/W fo~ ~012.46 fee=; =hence S18-25~12"Z for 483.06 fee~ ~euce S16'13'~2"W for 990.35 fee~ ~ence S86e58~34"W for 327.18 feet to the Easterly boundary of Che DroWSed Tangle~od s~dtvision- Sa~d poin~ lying on a curve.~ncave ~ou~est~- Thence follow~g along =he arc of said curve lA a Nor~esterly directio~, [said cu~e hflv~g a central aflgle of .01~24 ~ a~i~of 1290.00 fee=~ a chord of 337.28 feet, and'a ~ng of N10'32'08'N) for 338.25 fee=, =~efl~ S71057'100w for ~e N~ Right of Way 1/ne.of t~e proposed SC.' ~s Boule- fee= to ......... ~cave Sou~wes=erlY, ~nce fol- lowing along the arc of sa~ ~e in a North~ster~y ~e hav~g a cea=al angle o~ ~°00e28', a radius of 1140.00 feet, a chord o~ 99.61 feet, aaa a chora ~ear~ of N20'33*04'W), ~or 99.64 . S6o56'42'E for 150.~0 feet to ~e Northeasterly ~ feet, ~ence ~ - ~ ~tvision, said point ly=~g of ~e ropose~ Tan~lewoo~ .ub . · boun~ ~ ....... ~ .... e following along ~he arc o= Salo a cu~e concave ~out~wes%e=~; cu~e in a Northwesterly ~rection (~ai~ cu~e having a cen~al angle of 26°19.46", a radius of 1290.00 feet, a ~or~ of 587.60 feet, a chora bering of N36°l~'ll'W), for 592.80 feet. Thence N4902~*04'w for 8.82 feet; to a ~o~nt of c~ature, sai~ c~e lying ~nca~ wearily, ~ence along ~e arc of saia =ye Not,westerly (sa~a ~ having a cen~al angle of 5°15'16', a rnalus of 1790.00 ~eet, a of 164.10 feet, a chora'bearing of N52~00'42'~; for 164.16 feet, S34~43,16"W for 150.01 feet to t~e N~Y R/W ~f St. ~ews alva., sai~ po~t ly~g on a cu~e ~ncave ~Y (sai~ cu~e having a radius of 1640.00 ~eet, a cen~al angle of 2'47.43', a chord of 80.00 feet, a chor~ brg. of N55'SS'40'W) for 80.01 ~eet;.thence N34°43'16'E f~ 254.4] feet; thence N00032'55'E for 194.21 feet to ~e Southerly line of ~ttle~nake Ha~ock Roaa [C-864), a~a ~e The a~ve ~es~ibe~ ~act is subject to all easements, rights of way, rese~ations, an~ res~ictions of recora, an~ entails 23.529 more o= less. NOV 0 5 2002 COH. R COUNTY FIN CH ADMINISTRATION AND HOUSING DEPARTMF. 2800 lq. Itor~eshoe Drive · Naples, Horida 34104 · 239-659-5722 "Fax 239~659-5725 CER~ MAlL #7002 0860 0008 6511 9986. RETLYRN RECEIPT REQUESTED FINAL NOTICE OF IMPACT FEE STATEMENT. September 4, 2002 Mr. Paul A. Ormond,'President Manor Care of Florida, Inc. 333 North Summit Toledo, OH 43699-0086 Arden Courts at Lely Palms Legal Description: Attached Dear Mr. Ormond: As per the Prelim/nary Notice of Impact Fee Statement received by your office on June 10, 2002 impact fees were paid on October 1997 for Permit ~97070997, State License #9326 (for an Assisted Living Facility or "ALF') for Arden Court at Lely Palms as follows: IMPACT FEE SCHOOLS -~OMM. PAR.KS LIBRARIES EMS TOTAL PAID -~ATE $187.00/Per Unit $827.00/Per Unit $399.00/Per Unit $179.00/Per Unit $180.52/Per Unit $128.00/1,000 Sq. Ft. N/A # OF UNITS 52 24,920 Sq. Ft. $ 9,724.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 3,189.76 $ 0.00 $12..~913.76 · ~ Schools, Community Parks, Regional Parks, and Libraries Impact Fees ~vere required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the amounts due. NOV 0 5 2002 PI-_ Mr. Paul A. Ormond Manor Car~ of Florida, Inc. Page 2 T~O~~AROAD L OVERPAID ...... S2.___.~ $ 43'004'_07 [-~CI-IOOLS [ $"~..00/Per Unit ~ ~ ~er Unit fi~ $ 20.748.00 ~~t ~$ 9'30~'~ ~ ~ $ 9,38~ ~ ad~on, we found ~at ~ impact fees for Pe~t ~9~3033, State ~c~nse ~12930962, for M~or C~ at ~ly P~, a s~ll~d nursing facil~, wer~ p~d ~ follows on April l, 1997: Road ~pact Fees for ~e above s~lled n~sing faci~ty wer~ requ~d to be p~d for 20 be~, but our ~cor& in.cate ~ese ~pact Fees we~ p~d for 10 be&. ~sted below is ~e ~o~t due. ~, ~ ~ oF ~S ~O~ S LSd0.00 ~ ~ event ~e School ~pact Fe~s in ~ ~ount of ~3,004.00 ~ not p~d ~ rue wi~n ~Y (30) c~en~ ~ys of ~e effecfiv~ ~t~ of se~ce of ~s Notice, a delinquency fe~ ~u~ to 10% of ~e to~ ~pact Fee owed sh~l b~ ~sessed. Onc~ ~linquent, ~e to~ ~pact Fee, plus d~linquency fe~, sh~l be~ interest at ~e ~en applicable stamto~ rate for fin~ jud~ents, c~culated on a c~en~ day basis until p~d in ~ll ~ ~uir~d by Section 7&50lA of ~ Collier County Co~ of Laws ~d Or~n~ces. ~ ad~fion,.a hen for ~l ~oun~ ~en due ag~nst ~ pro~Y c~ ~ reco~ed in ~e Offici~ Recor~ of Co~r Co~. O~ ~cor~ ~er in~cat~ ~at, u~n approv~ by ~ Bo~d of Co~ Co~ssione~ ~d ~r pa~ent of ~e above ~o~t due, M~or C~ of ~ofi~ is e~fi~ed to ~e following ~: 3,0ss. ~4~853.76 ~ NOV 0 5 2002 · Mr. Paul A. Ormond Manor Care of Florida, Inc. Page 3 '"' The net financial impact to Manor Care of Florida, after payment of amounts due and approval of the above refunds, is as follows: IMPACT FEE AMOUNT AMOUNT OWED $82,447.04 $1,870.00 TOTAL OWED $84,317.04 LESS AMOUNT OVERPAID ($ 4,853.76) TOTAL NET $79~463.28 We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County Boa:rd of County Commissioners. If you should have any questions or if you would like assistance applying for the refund, I can be contacted at 403-2369. Sincerely, Phillip R. Tindall Impact Fee Coordinator PT/pdf Cc: John J. Agnelli, President, Naples Retirement, Inc., 1000 Lely palms Dr., Naples, FL 34113, Certified Mail #7002 0860 0008 6511 9993, Return Receipt Requested Michael $. Ciccarone, Esquire, Gol&stein, Bu¢ldey, Ceckman, Rice & Purtz, P.A., 1515 Broadway. Ft. Myers, Florida 33901 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, County Manager David C. Weigel, Esq., County Atxorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byme, CMA, Director of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Pawick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Administration and Housing NOV 0 5 2002 I F,.,xHIBIT.~ COIL R COUNTY FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · Naples, florida 34104 · 239-~59-5722 ° Fax 239-659-5725 CER'I]2P~D MAIL #7001 0320 0003 4604 5535 RETURN RECEIFr REQUESTED NOTICE OF IMPA~ ~ STATEME~ July 24, 2002 Mr. Paul A. Ormond, President Manor Care of Florida, Inc. 333 North Summit Toledo, OH .43699-0086 Arden Courts at Lely palms Legal Description: Attached Dear Mr. Ormond: As per the Prelim/nary Notice of Impact Fee Statement received by your office on June 10, 2002 impact fees were paid on October 1997 for Permit #97070997, State License//9326 (for an Assisted Living Facility or "AI~') for Arden Court at Lely Palms as follows: IMPACT FF]:. RATE # OF UNITS AMOUNT PAID ROAD $187.00/Per Unit 52 $ 9,724.00 SCHOOLS $827.00/Per Unit $ 0.00 COMM. PARKS $399.00/Per Unit $ 0.00 REG. PARKS $179.00/Per Unit $ 0.00 T.mRARI]ES $180.52/Per Unit $ 0.00 EMS $128.00/1,000 Sq. 24,920 Sq. Ft. $ 3,189.76 Ft. J,AII. N/A $ 0.00 TOTAL PAID $12~913.76 Schools, Community Parks, Regional Parks, and Libraries Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the mounts due. NOV 0 5 2002 - Mr. Baul A. Ormond Manor Car~ of Florida, Inc. Pa§¢ 2 12vlPACT FEE RATE # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 52 $ 43,004.00 COMM. PARKS $399.00/Per Unit 52 $ 20.748.00 REG. PARKS $179.00/Per Unit 52 $ 9,308.00 T.rnRAR_r~ $180.52/Per Unit 52 $ 9,387.04 TOTAL DUE $$2~447.04 In addition, we found that the impact' fees for Permit ~970003033, State License #12930962, for Manor Care at Lely Palms, a skilled nursing facility, were paid as follows on April 1, 1997: IMPACT FEE RATE # OF UNITS AMOUNT PAID ROAD $187.00/Per Bed 10 $ 1,870.00 EMS $128.00/1,000 Sq 24,920 Sq. Ft. $ 1012.48 Ft. TOTAL PAID $ 2,882.48 Road Impact Fees for the above skilled nursing facility were required to be paid for 20 beds, but our records indicate these knpact Fees were paid for 10 beds. Listed below is the amount due. IMPA~ FEE RAT~ # OF UNrrS AMOUNT OWED ROAD $187.00/Per Bed 10 $ 1,870.00 TOTAL DUE $ 1,870.00 In the event the Road, Community Parks, Regional Parks, and Libraries Impact Fees in the amount of $41,313.04 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. A Final Notice will be sent 90 days from receipt of the Preliminary Notice of Impact Fee Statement for payment of School Impact Fees in the amount of $43,004.00 unless payment in full is remitted or documentation of qualification for exemption is paid. Our records further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, Manor Care of Florida is entitled to the following refunds: NOV 0 5 2002 Mr. Psul A. Ormond Manor Car~ of Florida, Inc. Page 3 IMPACT FEE AMOUNT ROAD $1,768.00 I EMS $3,085.76 TOTAL OVERPAID ' $4~853.76 The net financial impact to Manor Caxc of Florida, after payment of amounts due and approval of the above refunds, is as follows: IMPACT'FEE AMOUNT AMOUNT OWED $82,447.04 LESS AMOUNT OVERPAID ($ 4,853.76) TOTAL NET. $77,593.28 We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County Board of County Commissioners. If you should have any questions or if you would'like assistance applying for the refund, I can be contacted at 403-2369. Sincerely, Impact Fee Coordinator Pr/pdf Cc: John J. Agnelli, President, Naples Retirement, Inc., 1000 Lely palms Dr., Naples, FL 34113, Certified Mail #7001 0320 0003 4604 5528, Return Receipt Requested Michael $. Ciccarone, Esquire, Goidstein, Bucldey, Cechman, Rice & Purtz, P.A., 1515 Broadway, Ft. Myers, Florida 33901 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, Assistant County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Enviromnental Services Division Robert W. Byrne, CMA, Dix~ctor of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Administration and Housing NOV 0 5 2002 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR CANTERBURY HOUSE AT THE VINEYARDS FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection effori~ by filing a Claim of Lien against the property located at 707 Vineyards Blvd., Naples, Florida, 34119, owned by Vineyards Development Corporation in the amount of $82,447.04. CONSIDERATIONS;. A building permit was issued on March 17, 1994 for 52 Group Housing Units. Canterbury House is currently licensed as an Assisted Living Facility. Such facilities are considered a residential use under both our old code and our new codet. Residential uses owe Educational Facilities Impact Fees (unless determined to be exempt), and Parks and Library Impact Fees. County Attorney's Office has advised Canterbury House that they may be exempt from Educational Facilities Impact Fees conditioned upon the receipt of satisfactory documentation clarifying the language in the PUD. The Impact Fees were owed at the time the building permit was issued, and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $43,004.00. Park Impact Fees in the amount of $30,056.00 and Library Impact Fees in the amount of $9,387.04. Total impact fees owed are $82,447.04 without an exemption from Educational Facilities Impact Fees, or $39,443.04 if it is determined Canterbury House qualifies for the exemption. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $82,447.04. SUBMITTED ~/~~~ Date: /'F///~/~'~-~ BY: l~hil~p I~. Tin~dall;lfi~p~ct Fee C0~rdinator- APPROVED BY: Section 74-376 of the 1997 Collier County Code of Laws and Ordinances and Section of the current Collier Count Code of Laws and Ordinances, /jq~ep'~-K. Scl~itt, Administrator' ' .~ . . . / 9(ommunity Development and Environmental Servmes Dlvis,on I / ' ~c,r. no~ ~.rm NOV 0 5 2002 J COLLIER COUNTY 3301 Tamiami Trail Ea$1 Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941} 774-0225 o October 14, 2002 Michael J. Volpe, Esquire (Via Facsimile Transmission) Robins, Kaplan, Miller & Ciresi, LLP 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 Vineyards Development Corporation (Via Overnight Mail) C/O Robert Rogers, Esquire 75 Vineyards Blvd., Suite 500 Naples, Florida 34119 Vineyards Development Corporation(Via Overnight Mail) Canterbury House at the Vineyards C/O Registered Agent Michael J. Procacci 15000 Old 41 North Naples, Florida 33963 Canterbury House at the Vineyards (Via Overnight Mail) C/O Mr. Anthony J. Gualario, Director 551 Neapolitan Lane Naples, Florida 34103 DAVID C WEIGEL COLLIER COUI'ITY ATTORHEY Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Ramiro/~afialich William E. MounlFafd Thomas C. Palmer Michael W. Pellil Jacqueline Hubbard Rabinson Mariorie M. Sludent Patrick 1~. White Robert H. Zachary RE: NOTICE OF LIEN FOR THE CANTERBURY/VINEYARDS Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will no[ be recorded until the Board of County Commissioners has heard the matter at the public heating scheduled for November 5th 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. NOV 0 5 2002 October 14, 2002 Page Two Sincerely, ue[line Hubb~d Robinson 'A~ssistant County Attorney JHR:srj cc: H: Jac kieY David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schmitt. Administrator, Community Development Denton Baker, Director of Financial Administration & Housing Phil Tindall, Impact Fee Coordinator Paula Fleishman, Impact Fee Specialist Sandra R. James. Legal Assistant Bentley/Ltr. Nrc of Lien 100902 IOV 0 § 2002 CANTERBURY HOUSE AT THE VINEYARDS NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: -. - VINEYARDS DEVELOPMENT CORPORATION 75 Vineyards Blvd., Suite 500 Naples, Florida 34119 ATTN: Robert Rogers, Esquire Owner's Address: And Vineyards Development Corporation Canterbury House at the Vineyards C/O Registered Agent Michael J. Procacci 15000 Old 41 North Naples, Florida 33963 Canterbury House at the Vineyards Mr. Anthony J. Gualario, Director 551 Neapolitan Lane Naples, Florida 34103 Legal Description or Address of Property Subject to Lien: CANTERBURY HOUSE AT THE VINEYARDS Address: 707 Vineyards Blvd., Naples, Florida 34119 Legal Description: The South V2 of Tract S-2, The Vineyards Unit 3, according to the Plat thereof as recorded in Plat Book 16 at Page 2 of the Public Records of Collier County, Florida. A public hearing will be held November 5, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit A" in the amount of $82,447.04 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees will become delinquent on November 15, 2002, thirty (30) days after receipt the Final Notice of Impact Fee Statement. NOV 0 5 2002 Page 2 Ncr]ce of lien From the date of being delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $82,447.04 plus. the delinquency fee shall bear interest at the statutory rate for final judgments 'in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33, 91-39, and 91-11 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $82,447.04 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 14, 200~ B y~~~'~ ' This Lien was prepared by Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 330] Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774- 8400 STATE OF FLORIDA COUNTY OF COLLIF. R Acknowledged before me this/¢/'7'~' day of October, 2002 by Joseph Schmitt, who is personally known to me! //Notary Publl~ cc: Michael J. ¥olpe, Esquire ~%~.~ S~eph~n P FortUne ,~c~2 My Comm~on ~lg~, ~pims J~e 02. ~ NOV 0 5 2002 COLLIER COUNTY FINANCLAL ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · Naples, Florida 34104 · 239-659-5722 ° Fax239-659.5725 FINAL AND REVISED NOTICE OF IMPACT FEE STATEMENT October 14, 2002 Mr. Anthony J. Gualario, Director Canterbury House, Inc. 551 Neapolitan Lane Naples, FL 34103 VIA FEDERAL EXPRESS AIRBILL #826892525013 AND Vineyards Development Corporation C/O Robert F. Rogers, Esq. 75 Vineyards Boulevard Suite 500 Naples, Florida 34119 VIA FEDERAL EXPRESS AIRBILL ~826892524999 Canterbury House at the Vineyards Address: 707 Vineyards Blvd., Naples, FL 34119 Legal Description: The South i/: of Tract S-2, The Vineyards Unit 3, according to the plat thereof as recorded in Plat Book 16, Page 2, Public Records of Collier County, Florida Dear Mr. Rogers: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid on March 17, 1994, for Permit #930016353, for Canterbury House at the Vineyards as follows: EMPACT FEE RATE # OF UNITS AMOUNT PAID ROAD $455.00/Per Unit i'52 $ 23,660.00 SCHOOLS $827.00/Per Unit 52 $ 0.00 COMM. PARKS $399.00/Per Unit 52 $ 0.00 REG. PARKS $179.00/Per Unit 52 $ 0.00 LIBRARIES $180.52/Per Unit 52 $ 0.00 EMS $2.00/Per Unit 52 $ 104.00 JAIL N/A $ 0.00 TOTAL PAID $ 23,764.00 NOV 0 S 2002 Pl. ~ Canterbury House P~ge 2 Schools, Community Parks, Regional Parks, and Libraries Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the amounts due. 12VIPACT FEE RATE # OF UNITS AMOUNT OVCF~D SCHOOLS $827.00/Per Unit 52 $ 43,004.00~ COMM. PARKS $399.00/Per Unit 52 $ 20,748.00 REG. PARKS $179.00/Per Unit 52 $ 9,308.00 LIBRARIES $180.52/Per Unit 52 $ 9,387.04 TOTAL DUE $ 82,447.04 If you think you are entitled to an exemption from Collier County Educational Facilities (School) Impact Fees for "adult-only" communities, the recorded deed restrictions or governing documents of the community that existed at the time of issuance of the Building Permit or Certificate of Occupancy and copies of all State of Florida ALl: licenses must be provided to this office for review within thirty (30) days of receipt of this notice. Our calculations also indicate that you may be entitled to a partial refund of Road Impact Fees. You may desire to apply for a partial refund. Refunds however are subject to approval from the Board of County Commissioners. In summary, without an Educational Facilities exemption, the Impact Fees in the amount of $82.447.04 are now due. In the event the School Impact Fees in the amount of $43,004.00 are not paid in full within th[ny [30] calendar days of the effective date of service of this Notice or satisfactory documents provided to substantiate an exemption, this property may be subject to a Claim of Lien In t~e event the Community Parks, Regional Parks, and Libraries Impact Fees in the amount of $39,443.04 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, they will be included in the event a Claim of Lien is recorded. In the event the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of the Final Notice of Impact Fee Statement, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. ~ Please be advised that the School Impact Fees may be deleted, conditioned upon the receipt ofdocumentatl to the Collier Cotmt)' Attorney unequivocally clarifying the laaguage in PUD No. 91-75 to the effect that the the like" mean adults above the age of 18 o~d)'. The September 9, 2002 lcttcr frota A$aistattt Cotltl~. Attornc' contingent upon receipt of this documet~tatiott. 0 5 2002 EXECUTIVE SUMMARY. APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN THE CARLISLE FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 6945 Carlisle Court, Naples, Florida, 34110, owned by Carlisle at Naples, Ltd. in the amount of $178,632.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permit. The building permit was issued on July 7, 1997 for an Assisted Living Facility and The Carlisle is currently licensed as an Assisted Living Facility. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $178,632.00. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $178,632.00. SUBMITTED BY: PhillipS. Tindaf[, Impact Fee Coordinator APPROVED BY: /Joj/~ph K. Scl~itt, Adminfstrator 6mmunity Development and Environmental Services Division AGE. NOA ITEM NOV 0 5 2002 QCOLLIER COUNTY DAVID C WEIGEL COLLIER COUNTY ATTORN['f 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: {941) 774-8400 FAX: (941) 774-0225 October 9, 2002 Thomas B. Garlick, Esq. (Via Facsimile Transmission) Garlick, Stetler& Peeples 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 Carlisle At Naples, LTD. (Via Overnight Mail Service) 3225 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 Carlisle at Naples, Ltd. (Via Overnight Mail Service) C/O Registered Agent Mr. Marcus Stewart 3225 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 Carlisle at Naples, Ltd. (Via Overnight Mail Service) C/O Mr. Harvey P. Rafofsky, President The Carlisle at Naples, Ltd. 3255 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 Heidi F. Ashlan Jennifer A. Belpedio Ellen T. Chadwell Ramira Ma~alich William E. MoantFotd Thomas C. Palmer Michael W. Pellil lacqueline flubbard Robinson Mariorie M. Sludent Patrick G. White Robert fl. Zachary RE: NOTICE OF LIEN FOR CARLISLE AT NAPLES, LTD.. Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard the matter at the public hearing scheduled for November 5th 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. AGEN~DA ITEM NOV 0 5 2002 p~. ~ October 9, 2002 Page Two erely, t /") t~$ li .n e~'H~b.b ar, d. Robinson Assistant County Attorney J-I-ZR:srj cc: David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudck County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schmith Administrator, Community Development Denton Baker, Business Manager for Community Development Phil Tindall, Impact Fee Coordinator Sandra R. James, Legal Assistant H: Jackie/Bentley/La'. Nrc of Lien 100902 NOV 0 5 ZO0 THE CARLISLE NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: ' CARLISLE AT NAPLES, LTD. 3225 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 Owner's Address: Carlisle at Naples, Ltd. C/O Registered Agent Mr. Marcus Stewart 3225 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 And Carlisle at Naples, Ltd. C/O Mr. Harvey P. Rafofsky, President The Carlisle at Naples, Ltd. 3255 Aviation Avenue, Suite 700 Coconut Grove, Florida 33133 Legal Description or Address of Property Subject to Lien: THE CARLISLE Address: 6945 Carlisle Court, Naples, Florida 34109 Legal Description: A parcel of land commencing at the Southeast Comer of Section 2, Township 49 South, Range 25 East, Collier County, Florida, as more particularly described in attached "Exhibit A" A public Hearing will be held November 5th, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit B" in the amount of $178,632.00 against the above- referenced property. Ao~, ~.~ NOV 0 5 2002 I:'~._/-{- Page 2 Notice of lien More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees became delinquent on October 9, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. · From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $178,632.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $178,632.00 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9,2002 Th~was prepared by Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 3301 Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774- 8400 STATE OF FLORIDA COUNTY OF COLLrF~R /0, Acknowledged before me this '7' day of October, 2002 by Joseph Schrnitt, who is personally known to me. t9 /9 ~ ~ ,Tbfo/a Public .... ' cc: Thomas B. Garlick, Esq. ~,.~ s~,, Fon~,~ AOENOA NOV 0 5 2002 5 OR: 2250 PG: 0151 tgCrIIBIT °A' L NOV 0 5 200Z -- COILmR COUNTY FINANCIAL ADMI STRATION AND HOUSING DEPARTMENT 2800 lq. Horseshoe Drive · Naples, Florida 34104 ° 239-659-5722 ° lax 239-659-5725 CER.T~D MAIL #7002 0860 0008 6511 9917 RETURN RECEWr REQUESTED FINAL NOTICE OF IMPA~ FEE STATEMENT September 4, 2002 Mr. Harvey P. Rafofsky, President The Carlisle at Naples, Ltd. 3255 Aviation Ave., Suite 700 Coconut Grove, FL 33133 The Carlisle at Naples Address: 6945 Carlisle Court, Naples, FL 34109 Legal Description: COM2MENCING AT THeE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TI-tENCE NORTHERLY ALONG THE EAST LINE OF SECTION 2, NORTH 01 DEGREES 14 MINUTES 00 SECONDS WEST, 1398.08 FEET; THENCE SOUTH 89 DEGREES 51 MIINLr~S 42 SECONDS WEST, 702.58 FEET TO TI-IE POI1NT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST, 646.53 FEET TO THE WEST LINE OF THE EAST V2 OF TId~E SOLrFHEAST'~A OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST; 72qENCE NORTHERLY ALONG SAID WEST LINE NORTH 01 DEGREES 57 MINLrrES 50 SECONDS WEST 970.78 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 42 SECONDS EAST, 584.45 FEET; THENCE SOUTH 02 DEGREES 14 MINLrrES 00 SECONDS EAST 660.00 FEET; THENCE NORTH 89 DEGREES 51 MIN'UTF~ 42 SECONDS EAST, 58.95 FEET, THENCE SOUTH 01 DEGRFSES 57 M]2'qLrI'~ 50 SECONDS EAST 310.89 FEET TO THE POI2qT OF BEGI2qNING. on July 7, 1997, for Permit ~60015397, for the Carlisle as follows: Dear Mr. Rafofsky: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid NOV 0 5 2002 Mr. Harvey P. Rafofsky, President The Carlisle at Naples, Lt&- Page 2 IMPACT FEE RATE # OF UNITS AMOUNT PAID ROAD $187.00/Per Unit 216 $ 40,392.00 SCHOOLS $827.00/Per Unit 216 $ 0.00 COMM. PARKS $399.00/PerUnit 216 $ 86,184.00 REG. PARKS $179.00/Per Unit 216 $ 38,664.00 LmRARItiS $180.52/Per Unit 216 $ 38,992.32 EMS Unknown Rate 158,746 Sq. Ft. $ 5,803.58 JAIL N/A $ 0.00 TOTAL PAID $210,035.90 School Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the amounts due. IMI:~ACT FEE RATE # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 216 $178,632.00 TOTAL DUE $178,632.00 In summary, without an Educational Facilities exemption, the Impact Fees in the amount of $178,632.00 are now due. In the event the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. Our records further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, the Carlisle is entitled to the following refunds. ROAD I $ 7,344.00 EMS $ 5,371.58 TOTAL $12,715.58 The net financial impact to the Carlisle, after payment of amounts due and approval of the above refund, is as follows: ~C,~rSA ffE~ NOV 0 5 2002 Mr. Harvey P. Rafofsky, President The Carlisle at Naples, Ltd... Page 3 IMPACT FEE AMOLYNT AMOUNT OWED $178,632.00 LF-SS AMOUNT OVERPAID ($12,715.58) TOTAL $165,916.42 We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. ~~Sinc~ely, ~.~ Impact Fee Coordinator PT/pdf Cc; Ms. Margaret A. Martin, The Carlisle of Naples, 6945 Carlisle Court, Naples, FL 34109, Certified Mail #7002 0860 0008 6511 9924, Return Receipt Requested Thomas B. Garlick, Esquire, Garlick, Stetler & Peeples, 5551 Ridgewood Dr., Sm. 101, Naples, FL 34108 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byme, CMA, Director of Audit Department Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney) Denton Baker, Director, Financial Administration and Housing NOV 0 § 2002 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR WINDSOR COURT FOR UNPAID IMPACT FEES OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 2626 Goodlette Road North, Naples, Florida, 34103, owned by Nationwide Health Properties, Inc. in the amount of $41,350.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an ~xemption from Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permit. The building permit was issued on September 4, 1996 for an Assisted Living Facility and is currently licensed as an Assisted Living Facility. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT_: The lien amount reflects Educational Facilities Impact Fees in the a~mount of $41,350.00. GROWTH MANAGEMENT IMPACT;. Impact fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION;. That the Board of County Commissioners approve the Claim o~f Lien to be filed in the amount of $41,350.00. SUBMITTED BY: APPROVED BY: ~l~illip 1~. Tindall, in, pact Fee Coordinato seph IC Schmitt, Administrator ...... /~oS~nPlmunity Development and Environmentat ~/ervices to~v~s~on NOV 0 5 2002 COLLIER COUNTY DAVID C. WEIGEL COLLIER COtlHP( ATIORHE'f 3301 Tamiami Trail Easl Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 October 14, 2002 Richard D. Yovanovich, Esq. (Via Facsimile Transmission) GOODLETTE, COLEMAN & JOHNSON 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Heidi 1r. AshCan Jennifer A. Belpedio Ellen T. Chadwell Romiro Ma~olich William E. MounlFard Thomas C. ?alme~ Michael W. Pelli! Jacqueline Hubbard Robinson Marjorie M. Sludenl Patrick G. While Robert ti. Zachary Nationwide Health Properties, Inc. (Via Over~zight Mail) 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Windsor Court (Via Overnight Mail) Nationwide Health Properties, Inc. C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Windsor Court (Via Overnight Mail) Nationwide Health Properties, Inc. C/O Mr. David R. Banks 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Windsor Court (Via Overnight Mail) C/O Mr. George P. Wagner, CEO 2626 Goodlette Road Associates, LLC 2150 Goodlette Road, Suite 600 Naples, Florida 34102 $! RE: NOTICE OF LIEN FOR WINDSOR COURT Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier Delinquent Impact Fees. This lien will not be recorded until the Board NOV 0 5 2002 :ou ,ie.,for 2. Commissioners has heard the matter at the public hearing scheduled for November 5'h 2002. Thereafter, upon the Board's approval, a Claim o1' Lien will be filed with the Clerk of the Circuit October 14, 2002 Page Two Court if the County has noi r~ceived the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. JHR:srj cc.' David C. Weigel. County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court ,. Joseph Schmitt. Administrator, Community Development Denton Baker. Director of Financial Administration & Housing Phil Tindall. Impact Fee Coordinator Paula Fleishman. Impact Fee Specialist Sandra R. James. Legal Assistant H: Jackie/Windsor/Ltr. Nrc of Lien 101402 NOV 0 5 2002 WINDSOR COURT NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: NATIONWDE IKEALTH PROPERTIES, INC. 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Owner's Address: And And Windsor Court Nationwide Health Properties, Inc. C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Windsor Court Nationwide Health Properties, Inc. C/O Mr. David R. Banks 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Windsor Court C/O Mr. George P. Wagner, CEO 2626 Goodlette Road Associates, LLC 2150 Goodlette Road, Suite 600 Naples, Florida 34102 Legal Description or Address of Property Subiect to Lien: WINDSOR COURT Address: 2626 Goodlette Road, Naples, Florida 34103 Legal Description: A portion of Lots 13, 14 and 15, Naples Improvement Co's Little Farms, as more particularly desc.qbed in attached "Exhibit A". A public hearing will be held November 5, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit B" in the amount of $41,350.00 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and the impact fees remain unpaid. The impact fees became delinquent on October 10, 2002 thirty (30) days after receipt of the Final Notice of Impact Fee Statement. NOV 0 5 2002 Page 2 Notice of lien From the date of being delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $41,350.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquen, c.y. or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $41,350.00 us any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 14, 2002 / This Lien was prepared by dacquehne Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 3301 Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774 - 8400 STATE OF FLORDA COUNTY OF COLLIER Acknowledged before me this/.?T'//fday of October, 2002 by Josep~h Schmitt, who is personally known to me. ~/lic' -~ CC: Richard D. Yovanovich, Esquire AGFI,,In t, ITEM. I NOV 0 5 2002 A PORTION OF LOTS 13. 14. AND 15, NAPLES IMPROVEMENT C0'$ !LITTLE FARMS, ;4ORE P,~'.RTICULARLy DES'CRI8ED AS FOLLOWS: FRO~ TH~ SOUTHWEST CORNER OF LOT 12, NAJ~LE$ IMPROVEI,,IENT C0'$ LITTLE r,~'~uS, ~ R£¢OROED IN PLAT 8OOK 2, PAOI~ 2. PUBLIC RECORDS OF C0LUER COUNTY, FLORIO,~ RtJH hi 8~'26'51" ~ ,ALONG THE SOUTH LINE OF .END LOT 12, FOR 20.00 FEET TO ^ POINT ON THE ~ RIG"'HT-OF-WAy LINE OF' C0OD[.ETTE-FRA.NK ROAD; THENCE RUN IN OO'59'~9"" W, P,,'~L.EL ',.YTr'H THE. WE. ST I.JNE OF' .~D LOT 12 FOR 10.00 F£E"T A. LONC ~.~.,,,ND F-A. ST LINE OF GOODLET'FE-FR,.ANK ROAD; THENCE RUN N 00"39'49"' w, FOR 5,80.00 FEET ALONC .-~,~D ~ UNE OF COODLETTE-FRA.NK ROAD TO THE POINT OF 8EGtNNING OF THE TI:t~CT HEREIN DE..SCRIDED: THENCE CONTINUE hi O0'39'4g" W, FOR 420.00 FEET ALONG' ,S~D ~ UNE OF GOODLETI'E-F'RANK ROAD; THENCE RUN N E,~20"1 I E, FOR l g6.54 FEET; THENCE RUN S 30'28"42'" E FOR !396.02 FEET; THENCE RUN S 59'3'1'1,~"" W, FOR 153.55 FEET; THENCE RUN S 89':20"11" ,,y, FOP,, 2Fu~.. 1:~ FEET TO THE POINT OF BEGINNINC... NOV 0 § 2002 COLLmR COUNTY FINANCI ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · Naples, Horida 34104 · 239-659-5722 · Fax 239-659-5725 CERTIFIED MAIL #7002 0860 0008 6511 5230 RETURN RECEIPT REQLrESTED FINAL NOTICE OF IMPACT FEE STATEMENT September 4, 2002 1'-2 Mr. George P. Wagner, CEO 2626 Goodlette Road Associates, LLC 2150 Goodlette Road, Suite 600 Naples, FL 34102 Windsor Court Address: Legal Description: 2626 Goodlette Road, Naples, FL 34103 A PORTION OF LOTS 13, 14 AND 15, NAPLES Del/::'ROVEMENT CO'S LITTLE FARMS, MORE PARTICLrLARLY DESCRFFtED AS FOLLOWS: FROM THE SOUTI-BVEST CORNER OF LOT 12, NAPLES IMPROVE?viE.Nr'F CO'S LITTLE FARMS, AS RECORDED IN' PLAT ;BOOK 2, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN N 89 DEG 26' 51" E, ALONG THE SOUTH LINE OF SAID LOT 12, FOR 20.00 FEET TO A POh-NT ON THE EAST RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD; THENCE RUN N 00 DEG 39' 49" W, PARALLEL WITH THE WEST LINE OF SAID LOT 12 FOR 10.00 FEET ALONG SAII) EAST LINE OF GOODLETTE-FRANK ROAD; THENCE RUN N 00 DEG 39' 49" W, FOR 580.00 FEET ALONG SAID EAST LINE OF GOODLETTE-FRANK ROAD TO THE POIN'T OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUE N 00 DEG 39' 49" W, FOR 420.00 FEET ALONG SAID EAST LINE OF GOODI~ETTE-FRANK ROAD; THENCE RUN N 89 DEG 20' I I" E, FOR 196.54 FEET; TI-IENCE RUN S 30 DEG 28' 42" E FOR 396.02 FEET; THENCE RUN S 59 DEG 31' 18" W, FOR 153.66 FEET; THENCE RUN S 89 DEG 20' i 1" W, FOR 260.12 i: THE POINT OF BEGINNING. CONTAINING 126 SQUARE FEET MORE OR I.ESS. NOV 0 5 2002 p{. I'7 324.i~[ ! (4,.)?.~J~ _ Windsor Court ' Page 2 Dear Mr. Wagner: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid on September 4, 1996, for Permit #960006276, for Windsor Court as follows: IMPACT FEE RATE # OF UNITS AMOUNT PABD ROAD $187.00/Per Unit 50 $ 9,350.00 SCHOOLS $827.00/Per Unit 50 $ 0.00 COMM. PARKS $399.00[Per Unit 50 $19,950.00 REG. PARKS $179.00/Per Unit 50 $ 8,950.00 LIBRARIES $180.52/Per Unit I 50 $ 9,026.00 EMS $128.00/Per 1,000 34,852 ..Sq. Ft. $ 4,416.06 Sq. Ft. JAIL N/A $ 0.00 TOTAL PAID $ 51,692.06 School Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the amounts due. LMPACT FEE RAT£ # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 50 $ 41,350.00 TOTAL DUE $ 41,350.00 In summary, without an Educational Facilities exemption, the Impact Fees in the amount of $41,350.00 are now due. In the event the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. Our records further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, Windsor Court is entitled to the following refunds. ^GE-I'~A IIT~-~ IOV 0 5 2002 Windsor Court · Page 3 IM2PACT I~E AMOUNT ROAD $1,700.00 EMS $4,316.06 TOTAL OVERPAID $6,016.00 The net financial impact to Windsor Court, after payment of amounts due and approval of the above refunds, is as follows: IMPACT I-'EE AMOUNT AMOUNT OWED $41,350.00 LESS AMOUNT OVERPAID ($ 6,016.00) TOTAL NET $35,333.94 We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. Phillip R. Tindall Impact Fee Coordinator PT/pdf Cc: Mary Anne Shaughnessy, Administrator, Windsor Court, 2626 Goodlette Road, Naples, FL 34103. Certified Mail #7002 0860 0008 6511 5247, Return Receipt Requested Richard D. Yovanovich, Esquire, Goodlette, Coleman & Johnson, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd. County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byme, CMA, Director of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director. Financial Administration and Housing NOV 0 5 2002 EXECUTIVE SUMMARY,. APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR TERRACINA GRAND FOR UNPAID IMPACT FEES OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 6825 Davis Boulevard, Naples, Florida, 34104, owned by Terracina, LLC, Inc. in the amount of $129,012.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permit. The building permit was issued on January 21, 2000 for an Assisted Living Facility and is currently licensed as an Assisted Living Facility. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $129,012.00. GROWTH MANAGEMENT IMPACT: Impact fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $129,012.00. SUBMITTED BY: p oord~ APPROVED BY: [ JoSeph K. Sc~'hitt, Administrator _ . ommunity Development and Environmental Services )ivimon NOV 0 5 2002 'i COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORN~ 3301 Tamiami Trail EosI Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: [941) 774-0225 October 9, 2002 Derek E. Bruce, Esquire (Via Facsimile) Gray, Harris & Robinson, P.A. Suite 1400 301 East Pine Street Orlando, FL 32801 Heidi F. Ashton Jennifer A. Belpedia Ellen T. Chadwell Ramiro Ma~alich William E. MountFord Thomas C. Palmer Michael W. Peftil Jacque[ine Hubbard Robinson Morjarie M. Student Patrick G. White Roberl N. Zachary Terracina, LLC (Overnight Mail) 1107 Hazeltine Blvd. Chaska, Minnesota 55318 Terracina, LLC (Overnight Mail) C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Terracina, LLC (OvernightMaiO C/O Mr. John B. Goodman, President 1107 Hazeltine Blvd., Suite 200 Chaska, Minnesota 55318 RE: NOTICE OF LIEN FOR TERRACINA GRAND Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard this matter at the public heating scheduled for November 5th, 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. NOV 0 5 2002 Pi[. 2.- October 9, 2002 Page Two J-HR:srj Thank you for your attention to this matter. Sincerely, J '~'~ ' Robinson Assistant County Attorney David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schmitt, Administrator, Community Development Denton Baker, Business Manager for Community Development Phil Tindall, Impact Fee Coordinator Sandra R. James, Legal Assistant H: Jackie/Homewoodd Llx to John Marshall Nrc. of L/en NOV 0 5 2002 TERRACINA GRAND LIEN BY COLLIER COUNTY FOR D~LINQUENT IMPACT FEES Owner: TERRACINA, LLC 1107 Hazeltine Blvd. Chaska, Minnesota 55318 Owner's Address: And Terracina, LLC C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Terracina, LLC C/O Mr. John B. Goodman, President 1107 Hazeltine Blvd., Suite 200 Chaska, Minnesota 55318 Legal Description or Address of Property Subject to Lien: TERRACINA GRAND Address: 6825 Davis Blvd., Naples, Florida 34104 Legal Description: Tract B, Embassy Woods Golf and Country Club at Bretonne Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Pages 47, 48 and 49, of the Public Records of Collier County, Florida. A public heating will be held on November 5th, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien should be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit A" in the amount of $129,012.00 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees becam delinquent on October 9, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. ITEM NOV 0 5 2002 Pg. + Page 2 No~ce of lien From the date-of becoming delinquent, a delinquency fee equal to ten per cent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $129,012.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine per cent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $129,012.00 us any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9, 2002 B~/// ~ ~T~is~Lien was prepared by Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 330J Tamiami Trail East Naples, Florida 33962 - 4976 (94]) 774-8400 STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this ~}'77~ day of October, 2002 by John M. Dunnuck, HI, who is personally know/l~ to mk. : ~ E~, ~ oz ~6 / Notary Public cc: Derek E. Bruce, Esquire NOV 0 5 2002 2683385 OR: 2716 PG: 1892 lie ~11 ~C-.?O 31.055001.007 Warranty Deed ThE ind~nturc, Ma'¢~s ~)J'~ dayof ~gust * 2000 A.D.. .f sl~ C~) ~f CaFv~r of ~ C~) of C~rvdr , St~ el ttlnfl~sota s gra~ec. Wiln~elh ~ ~ G~h'tOK, (~ e~ m ~s~r61i~ ol'ao s~n -~-~ .................. Tz. oo~ ~$xo)- ~ ( ...................... .A~h, Treat I, .-~SI WO~8 ~LF ~ CO~TR~ CL~ A~ B~TO~ ~, 49 &nd 49, o~ ~m ~o ~ooordm o~ Co~X&e= Count~, $~otxl, seal~ and dclivert~ I~ our p~,ce: ~.-~0 "~- c - / ~ ' __ ~ ~ ....... ,. STATE OF COUNt' OF John B. GooCh, Pre.~dmn~ of Nirvana ~r, Znc., a ~nnosota co~ra=ion, P~RSHIP, a ~nnesotn l~i~d par~ership, on ~lf of ~e co~ora~ion rand ~m par~rahip 0 5 2002 COIL R COUNTY FIN C ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · Naples, Florida 34104 · 239-659-5722 ° Fax 239-6594725 CERTIFIED MALL #7002 0860 0008 6511 5216 RETURN RECEIPT REQUESTED FINAL NOTICE OF IMPACT FF~E STATEMENT September 4, 2002 Mr. John B. Goodman, President Terracina, LLC 1107 Hazeltine Blvd., Suite 200 Chaska, MN 55318 R.E: Terracina Grand Address: Legal Description: 6825 Davis Blvd., Naples, FL 34104 TRACT B, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, ACCORDING TO THE PLAT TttEREOF RECORDED IN PLAT BOOK 17, PAGES 47, 48 AND 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Dear Mr. Goodman: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid on January 21, 2000, for Permit #1999081613, for Terracina Grand as follows: IMPACT FF.F. ROAD SCHOOLS COMM. PARKS REG. PARKS I_.I-~RARIES EMS JAIL TOTAL PAID $187.00/Per Unit $827.00/Per Unit $571.02/Per Unit $249.82/Per Unit $180.52/Per Unit $128.00/Per !,000 Sq. Ft. $.0390/Per Sq. Ft. # OF UNITS AMOUNT PA~I-D 197 $ 36,839.00 156 $ 0.00 156 156 156 174,691 Sq. Ft. 174,691 $ 89,079.12 $ 38,971.92 $ 28,161.12 $ 22,360.45 $ 6,812.95 $222~224.56 C NOV 0 5 2002 Tcrracina G~rand Page. 2 School Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the mounts due. IMPACT F~R RA'il/ # OF UN£'fS AMOUNT OWED SCHOOLq $827.00/Per Unit 156 $129,012.00 TOTAL DUE $129,012.00 In summary, without an Educational Facilities exemption, the Impact Fees in the amount of $129,012.00 are now due. In the event the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. Our records further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, Terracina Grand is entitled to the following refunds. RIMPACT Fg.E OAD [ms l TOTAL OVERPAID AMOUNT $12,971.00 $22,048.45 $35~019.45 The net financial impact to Terracina Grand, after payment of amounts due and approval of the above refunds, is as follows: IMPA~ FF.F. AMOUNT AMO.UNT OWRD $129,012.00 !.I~.SS AMOUNT OVERPAID ($35,019.45) TOTAL NET $ 93r992'55 NOV 0 5 2002 Terracina Grand Page 3 · We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. Sincerely, Impact Fee Coordinator PT/pdf Cc~ Charles Byrne, Administrator, Terracina Grand, 6825 Davis Blvd., Naples, FL 34104, Ce~fied Mail #7002 0860 0008 6511 5223, Return Receipt Requested Michael E. Wright, Esquire, Gray, Harris & Robinson, P.A., Suite 1400, 301 East Pine St., Orlando, FL 32801 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byrne, CMA, Director of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Attorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Adminis~xation and Housing NOV 0 5 :'002 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR SUMMER HOUSE ASSISTED LIVING, INC. FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 101 Cypress Way East, Naples, Florida, 34110, owned by Naples Geriatric Properties, LLC in the amount of $117,328.48. ~ CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees at the time of the issuance of the building perm~L The building permit was issued on January 17, 1995 for an Adult Congregate Liteing Facility that is currently a licensed Assisted Living Facility. Such facilities am considered a residential use under both our old code and our new code]. Residential uses owe Educational Facilities (School), Parks and Library Impact Fees unless exempt. The Impact Fees were owed at the time the building permit was issued and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $61,198.00, Park Impact Fees in the amount of $42,772.00, and Library Impact Fees in the amount of $13,358.48. Total impact fees owed are $117,328.48. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of$117,328.48. SUBMITTED BY: Phiflip 1~. Tindall~Impact Fee Coordinator APPROVED BY: / J~/seph K. Scfuni~, Administrator /" (,/~ommunity Development and Environmental Services DivisiOn Section 74-376 of the 1997 Collier County Code of Laws and Ordinances and Section of the current Collier Count Code of Laws and Ordinances. NOV 0 5 2002 COLLIE'R COUNTY DAVID C. WEIGEL COLUBt COUNIY A'ITORIIEY 3301 Temiami Trail East Naples, Florida 34112-4902 Tolephone: (941) 774.8400 FAX: (941) 774-0225 October 9, 2002 James H. Siesky, Esquire (Ilia Facsimile) Siesky, Pilon & Wood Suite 201, The Fairway Buiidin7 1000 Tamiami Trail North Naples, FL 34102 Facsimile: (941) 263-7611 Naples Geriatric Properties, L:.C ( Via Overnight MaiO 1661 Old Henderson Road Columbus, Ohio 43220 Naples Geriatric Propertie:~ ; )'a Overnight Mail) C/O Registered Agent Kevin G. Coleman, Esqm: 4001 Tamiami Trail North. Naples, Florida 34103 Naples Geriatric Propem~ Summer House Assisted L C/O Ralph Hazelbaker 1661 Old Henderson Roac Columbus, Ohio 43220 (Via Overnight Mail) Heidi L Asklon Ja,,J~ife~ A. Balpediu Ellea I. Cb.dwell William E. MountFord Thomas C. Palmer Michael W. Pelti! Jacqueline Hubbard Robinson Marjorie M. Studeflf Patrick G. White Ioberl N. Zachary NOTICE Oii_, ! ;x FOR SUMMER HOUSE ASSISTED r n'r',e,c~ INC. Dear Sir/Madam: Attached is a cop3' of thc Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard 'mc mat:er at the public hearing scheduled for November 5th, 2002 on this matter. Thereafter, upon the Board's approval, a Claim of Lien will be fried with the Clerk of the Circuit Court if the Ccu:::x' has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attennon to this matter. NOV 0 § 2002 October 9, 2002 Page Two cc-' David C. Wei§el, County Atwmey Ramiw Ma~nlich, Chief A~/stant County Attorney Board of County Co ...... i~s/oners James Mudd, County Manager Honorable DWaght E. Brock, Clerk of tlae Circuit Court Joseph Scb_mitt, ^ dmin i.,ecrator, Community Development Denton Baker, Business Manager for Community Development Phil Tmcl_all~ Imp. act Fee Coordinator Sandra R. James, Legal Assistam H: Jackleg Windsor/LZr. Nrc ofl ien 100802 NOV 0 5 2002 SUMMER HOUSE I.I]~N BY COLL1ER COUNTY FOR :'- DE! JNQUENT IMPAC'£ FEES.. Owner: NAPLES GERIATRIC PROPERTIES, LLC 1661 Old Henderson Road Columbus, Ohio 43220 Owner's Address: ~d Naples Geriatric Properties, LLC C/O Registered Agent Kevin G. Coleman, Esquire 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Naples Geriatric Properties, LLC and Summer House Assisted Living, Inc. C/O Ralph Hazelbaker 1661 Old Henderson Road Columbus, Ohio 43220 Legal Description or Address of Property Subiect to Lien: SUMMER HOUSE Address: 101 Cypress Way East, Naples, Florida 34110 Legal Description: All that part of Block B, Palm River Estates Unit No. 4, according to the plat thereof as recorded in Plat Book 8, Pages 69 and 70, in the Public Records of Collier County, Florida, as more particularly described in attached "Exhibit A" A public hearing w/Il be held on November 5th, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien should be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as composite "Exhibit B" in the amount of $117,328.48. against the above-referenced property. More than fl'fifty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees be P~g¢ 2 Notice of lien delinquent on~2)ctober 10, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $117,328.48 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the d~te of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33, 91-39 and 91-11 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $117,328.48 us any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9,2002 // This(/Lien was prepared by Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 3301 Tarniarni Trail East Naples, Florida 33962 - 4976 (941) 774-8400 STATE OF FLORIDA COUNT~ OF COl J .rgR Acknowledged before me this ~7~ day of October, 2002 by Joseph Schmitt, who is personally known to me. - /1 z/7 ~ CC: James H. Siesky, Esquire AGENDA IT~M(--.~. NOV 0 5 2O02 "HOV" 0 ~' C~ C0II.mR COUNTY FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 28001q. ltoraeshoeDrive · lqald~l~orida~34104 · 239-659-5722 o F~x2~9-659-5725 CERlqFmr) MAlL/fi002 0860 0008 6511 5162 September 5, 2002 FINAL NOTICE OF IMPACT FEE STATEMENT Napl~ Geriatric Prbl~nies, LLC Naples Geriatric Care Co. 1661 Old Henderson Road Columbus, OH 43320 Mr. Ralph Hazelbaker, President Summer House Assisted Living, Inc. 1661 Old Henderson Road Columbus, OH 43320 Summer House Address: Legal Description: C 101 Cypress Way East, Naples, FL 34110 Al I. THAT PART OF BLOCK "B", PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGES 69 AND 70, IN THE PUBLIC RECORDS OF COl J .mR COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK "B", THENCE ALONG TI-I~ EAST I .tNE OF SAID BLOCK "B", SOUTH 00 DEGRF. F.S 35' 50" EAST 275.78 iT; THENCE LEAVING SAID LINE, SOIYlTI 89 DEGREES 21' 05" WEST 171.25 FEET; THENCE SOUTH 00 DEGltF:F~S 38' 55" EAST 49.51 FF__,EW; TI-IENCE SOUTH 89 DEGg~I:~S 26' 27" WEST 213.76 FEET; THENCE NORTH 0 DEGREES 33' 33" WEST 70.00 FEET; TI-IENCE SOUTH 89 DEGRI~$ 26' 27" WEST 250.44 FEET; THENCE NORTH 24 DEGREES 26' 27" EAST 78.11 ~; THENCE NORTHEASTERLY 363.02 FEET ALONG THE ARC OF A CIRCUI.,AR CURVE CONCAVE TO THE SOUTHEAST; HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 65 DEGRbTES 00' 00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 56 DEGRKF~S 56' 27" EAST 343.87 FEET TO THE NORTH ! .INE OF SAID BLOCK "B", THENCE ALONG SAID NORTH I.INE NORTH 89 DEGRI~]:-S 26' 27" EAST 312.16 FF. ET TO THE POINT OF BEGINNING OF THE PARCEL I4F. RF. IN NOV 0 5 2002 Summer House Page 2 DESCRIBED; SUB/ECT TO EASEMEN'rS AND RESTRICTIONS OF RECORD; BEARINGS ARE ASS~ BASED ON TI-IE WEST RIGHT-OF-WA~r LINE OF CYPRESS WAY BRING SOUTH 00 DEGR]~lqS 35" 50" EAST. Dear Mr. Hazelbaker: As per the Preliminary Notice of Impact Fee Statement re~:eived on May 5, 2002, impact fees were paid on January 17, 1995, for Perrmt ~940011637, for Summer House as follows: n~'ACT FeE ~-~ .----r--- ~ ~OUNT pArD -ROAD S 1-~'7 .00/Per Unit 74 $ 1 3,838.00 -~~ 74.._._____ $ 0.00 SCHOOLS _ --------- $ 0.00 ¢ ~..: 3.q~er Unit 74 c'-C-~M~. P~d~rs :: ...... $ 0.0____L__-0 REG. PARKS ¢' '; ~' !- ~.?er Unit 74 t .mRARIES 7 : 2fPer Unit 74 $ 0.00 -EJvlS I -_o.--~er 1,0130 48,726 Sq. Ft. $ 6,236.93 5, a. Ft. ~ - t .... $ 0.00 _ JAIL ', N,,'A $ 20,074.93 TOTAL PAID ___------ - Schools, Community Parks, Re! :~ ~rks, and Libraries Impact Fees were required to be paid, but our records indicate these Impo: ' ': were not paid. Listed below are the amounts due. _ IMPACT FEE i ......K-~&TE # OF LrNrrS A.lVlOUNT ~ OWED ~cnooLs i ~o~ o0me~ 7 COMM. PARKS I~:9:;''00/PerUnit 74__~ $ 29'526'0_0_ ~_ -..----------- -------'-- $ 13,246.00 _ REG. pAR.KS I :' "C 00/Per Unit '/4 -i.mRARIES i <' ~.52/PerUnit 7~ $ 13,358'48~ -TOTAL DUE In the event School Impact Fees arc no~ paid in full within thirty (30) calendar days of the effective date of service of this Notice, a dehnouency fee equal to 10% of the total Impact Fee owed shall be ~asesaeA. Once delinquent, the total I~mpact F~, plua delinquency fee, shall bear interest at the then applicable statutory rate for final iudgmenta, calculated on a calendar day basis until paid in full as rextuired by Section 74-501A of ~e Collier County Code of Laws and Ordinances. In addition,, a lien for all amounta then due against me property can be recorded in the Official Records of Collier County. NOV 0 5 2002 Page 2 Our records further indicate that, upon approval by the Board of County Commissioncz~ and a~ter payment of the above amount due, Summer House is entitled to the following refunds. fRO.A.D n~PA~ ~ EM$ , [TOTAL OVERPAID AMOUNT $2,516.00 $6,088.93 $8~604.93 The net financial impact to Summer House, after payment of mounts due and approval of the above refunds, is a~ follows: IMPACT FEE OUNT OWED AMOUNT OVERPAID OTAL NET AMOUNT $117,328.48 ($ 8,604.93) $108,723.55 If you should have any questions or if you would like assistance applying for the refund, I can be contacted at 403-2369. Sincerely, Phillip~R. Tindall Impact Fee Coordinator PT/pdf Cc: Mr. Barry M. Straub, Summer House, 101 Cypr~ Way F.~t, Naples, FL 34110, Certified Mail #7002 0860 0008 6511 5179, Return Receipt Requestra:l Jam~ H. $i~'3?, E~quire, Siesky, Pilon & Wood, Suim 201, Th~ Fairway Bldg., 1000 Tamiami Trail N., Naples, Florida 34102-5481 Board of County Commi~on~ (6) Honorable Dwight E. Brock, Clark of tl~ Circuit Court Jame~ V. Mudd, County l~*n*g~l' David C. Weigel, F. sq., County Attormy Joseph K. $chmitt, Adminislxator, Community Development & Environmental Services Division Robert W. Byrne, ClvlA, Director of Inmrnal Audit Jacqueline Hubbard Robinson, Esq.,/assistant County Allorney Patrick G. White, Esq., Assistant County Attorney Thomax C. p,lmer, Esq., Assistant C. oum'y Attorney Denton B~er, Director, Financial Administration and Housing NOV 0 5 2002 P~. q COLLIER COUNTY GOVERNMENT' COMMUNITY DEV~.I~)P1V~-NT AND ElqVIR~~ SERVICES DIVISION CERTIFIF-J~ MAIL #7099 3400 0016 7061 3088 RETURN RECEn~r REQUESTED 2800 North Horsehoe Drive Naples, Florida 34104 Phone (941) 659-5722 Fax (941)659-5725 FINAL NOTICE OF IMPACT ~ $TATEMENT June 13, 2002 Mr. Ralph Hazelbakex, President Summer House Assisted Living, Inc. 1661 Old Henderson Road Columbus, OH 43320 Summer House Address: Legal Description: Office of Financial and Records Management 101 Cypress Way East, Naples, FL 34110 Al J. THAT PART OF BLOCK "B", PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGES 69 AND 70, IN THE PUBLIC RECORDS OF COIJ~IEK COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK "B', THENCE ALONG THE EAST LINE OF SAID BLOCK "B", SOUTH 00 DEGREES 35' 50" EAST 275.78 FT; THENCE LEAVING SAID LINE, SOUTH 89 DEGREES 21' 05" WEST 171.25 FEET; THENCE SOUTH 00 DEGREES 38' 55" EAST 49.51 FEET; THENCE SOUTH 89 DEGRI~.~S 26' 27, WEST 213.76 FEET; THENCE NORTH 0 DEGRF~S 33' 33" WEST 70.00 FEET; THENCE SOUTH 89 DEGREES 26' 27, WEST 250.44 FEET; THENCE NORTH 24 DEGRI~-~S 26' 27, EAST 78.11 FEET; THENCE NORTI-IEASTERLY 363.02 FEET ALONG TH~ ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; HAVING A RADIUS OF 320.00 FEET, THROUGH A CENTRAL ANGLE OF 65 DEGllggS 00' 00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 56 DEC_~$ 56' 27' EAST 343.87 FEET TO THE NORTH LINE OF SAID BLOCK "B", THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 26' 2T' EAST 312.16 FEET TO THE POINT OF BEGINNING OF THE pARCEL HEKEIN DESCRIBED; SUBJECT TO EASEMENT: Al'~X,~rs ,~,~ C~"' ~n NOV 0 5 20 2 S~mm~r House RESTRICTIONS OF RI/CORD; BEARINGS ARE ASSUMED BASED ON THE WEST RIGHT-OF-WAY LINE OF CYPRESS WAY BEING SOUTH 00 DEC. vl~R'TF-S 35" 50" EAST. Dear Mr. Hazelbaker: As per the Preliminary Notice of Impact Fee Statement received by your office on May 5, 2002, impact fees were paid on Jammry 17, 1995, for Permit//940011637, for Summer Hollse 11~ follows: IMPACT FEE KATE # OF UNITS AMOUNT PAID ...1 ROAD $187.00/Per Unit 74 $13~838.00 -SCHOOLS $827.00/Per Unit 74 $ 0.00 ~COMM. PARKS $399.00/Per Unit 74 $ 0.00 REG. PARKS $179.00/Per Unit 74 $ 0.00 1 .IBRARIES $180.52/Per Unit 74 $ 0.00 EMS $128.00/Per 1,000 48,726 Sq. Ft. $ 6,236.93 Sq. Ft. - JArL N/A $ 0.00 - TOTAL pail) $ 20,074.93 Schools, Community Parks, Regional Parks, and Libraries Impact Fees were required to be paid, but our records indicate these Impact Fees were not paid. Listed below are the mounts due. - IMPACT FEE RATE # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 74 $ 61,198.00 -COMM. PARKS $399.00/Per Unit 74 $ 29,526.00 REG. PARKS $179.00/Per Unit 74 $ 13,246.00 Tin--ms $180.52/Per Unit 74 $ 13,358.48 · $ 117,328.48 TOTAL DUE In the event Community Parks, Regional Parks, and Libraries Impact Fees ia the amoum of $56,130.48 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all mounts then due against the property can be recorded in the Official Records of Collier County. NOV 0 5 2002 A Fingl"Notice will be sent 90 days from receipt of the lar 'ehmina~ Notice of'Impact F~e statement for payment of School Impact Fees in the amount of $61,198.00 unle~ payment in full is remitted or documentation of qualification for exemption is provided. We respectfully request that payment oft. he sums due, aa otItlined above, be made promptly to Collier County. If you ~hould have any questions, please contact me at 403-2369. Sinc ely, Phil ip R. Tinda Impact F~ Coordinator C¢~ Mr. Barry M. Straub, Surnmer House, 101 Cypress Way East, Naples, FL 34110, Certified Mail #7099 3400 0016 7061 3071, l~tum Receipt Requested Board of County Commis-~ioll~r$ (6) (w/o aFu3chm~) Honorable Dwigl~ E. Brock, Clerk of the Circuit Court (w/o anachments) Thomas W. Olliff. County M~n~ger (w/o attachmenls) David C. Weigel, Esq., County Attorney (w/o alumhments) Joseph IC Schmitt, Adrnini~a~ator, Community Developmen! & Environmental Services Division (w/o anachments) Robert W. Byme, CMA, Director of Internal Audit (w/o attaeh~nents) Jacqueline Hubbard Robinson, Esq., Assistant County Attorney (w/o attaehnmnts) Pamck G. White, Esq., A$~.~tam County Attorney (w/o armchmems) Thomas C. Palmer, Esq., Assistant County Attorney (w/o ammhnma~) DenTon Baker, Business Manager, Office of Financial M~n.~gement/C.D&ES (w/o attachments) EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN GREENFIELD COMMONS FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 1024 and 1020 Commons Circle, Naples, Florida, 34119, owned by Greenfield Commons Trust in the amount of $3,308.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption fi.om Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permits. The building permits were issued on February 11, 2000 for Attached Single Family Residences. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $3,308.00. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $3,308.00. SUBMITTED BY: //.]~ %=,,~'~/~ Date: Philli~l~R. Tindall, Impact Fee Coordinator / APPROVED BY: ~~-'~~ Date: /o_0~eph K.. Sc_hf'ni~, Administrator ' / ommunity Development and Environmental Services Division AGE. h~_ A ITEM ~ NOV 0 5 2002 COLLIE'R COUNTY 3301 Tamiami Trail East II~s, Flotilla 34112-4902 Telephone: (941j 774-8400 FAX: (941 ] 774-0225 October 9, 2002 Mr. Timothy G. Hains, TruStee (Via Facsimile Transmission) Greenfield Commons Trust' 4501 Tamiami Trail North, Suite 300 Naples, ~0rida 34103 Greenfield Commons Trust (v/a Overnight Mail) 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 Greenfield Commons Trust (Via Overnight Mail) C/O Mr. Timothy G. Hains, Trustee 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 Greenfield Commons Trust (Via Overnight Mail) C/O Mr. Gerald Malamphy 4255 Gulfshore Blvd., N. #1103 Naples, Florida 34103 DAVID C.. WEIGEL COLLIER COUNH ATTORNEY Heidi F. Ashlon Jennifer A. hlpedio Ellen 1. L"kadwell Itnmiro Mnfmlich William t. MounlFord Thomas C. Palmer Michael W. Petit1 Jgcquelina Hobbud Ilobinsen Marjofie M. Student Patrick G. While II. abaci N, Zocho*y RE: NOTICE OF LIFN FOR GREENFIELD COMMONS Dc~ar Sir or Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard this matter at the public hearing scheduled for November 5th, 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. L AC~.A ~TEM/-, NOV 0 5 2002 p~,.~-" October 9, 2002 Page Two Sincerely, ,, /'l, ~.a~.uel~ne_Hubbard Robinson ~sistant County Attomey CC; David C. Weigel, County Attorney Ramiro Mafuflich, Chief.assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schrmtt, Admirusn-ator, Community Development Denton Baker, Business Manager for Con'wmmity Development Phil Tmdall, Impact Fee Coordinator Sandra IL James, Legai Assistant H: .la-kid Homewood/I.,Ir to John Marshall Nrc. of L/eh NOV 0 5 2002 GREENFIELD COMMONS SENIOR VILLAGE NOTICE OF LIEN BY COLL!F.R COUNTY FOR DELINQUENT IMPACT FEES Owner: GRF.~.NFIF. I.D COMMONS TRUST 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 Owner's Address: Greenfield Commops Trust C/O Mr. Timothy G. Hains, Trustee 45(~1 Tamiami Trail North, Suite 300 Nal~l. es, Florida 34103 And Greenfield Commons Trust C/O Mr. Gerald Malamphy 4255 Gulfshore Blvd., N. #1103 Naples, Florida 34103 Legal Description or Address of Property Subject to Lien: GRFJENFIELD COMMONS Address: 1024 Commons Circle, Naples, Florida 34119 1020 Commons Circle, Naples, Florida 34119 Legal Description: Tract S-1 of the Vineyards Unit 3, as recorded in Plat Book 16, Pages 2 through 5, of the Public Records of Collier County, Florida. A public Hearing will be held November 5'h, 2002 before the Collier County Board of County Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as "Exhibit A" in the amount of $3,308.00 against the above- referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees be NOV O 5 2002 Page 2 No~ce of lien delinquent on'October 9, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $3,308.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $3,308.00 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9 , 2002 Thi n was pre?,: Jacqueline Hubba; . ,~,.s'on, Assistant County Attorney Office of the Com2: For: Collier Cou~i: , ~¢mnent 3301 Tamiami Trai/ Naples, Florida 337...~ --- 4976 (941) 774 - 8400 STATE OF FLORIDA COUNTY OF COl .1JFR Acknowledged before me this ~,'r~- day of October, 2002 by Joseph Scbmitt, who is personally known to me~,r_~__~ _~ /f Cc: Timothy G. Hains. Esauire NOV 0 5 2002 NOV 0 5 2007. COH.IER C,O FI1NANCIAL ADMINISTRATION AND HOUSING 2800 H. Homesho~ ~ · Nat)lin, ~ ~410~ · 239-659-5722 o ~ 259-659-5725 FINAL NOTICE OF IMPACT FEE STATEMENT September 4, 2002 CERTIFmD MAIL #7002 0860 0008 6511 5209 CER~ MAIL #7002 0860 0008 6511 5186 RETURN RECEIPT REQUESTED RETURN REClqlPT REQUESTED Mr. Timothy G. Hains, Trustee Greenfield Commons Trust 4501 Tamiami Trail North, Ste. 300 Naples, FL 34103 Mr. Jay Malamphy, Registered Agent Greenfield Commons, LLC 4255 Gulf Shore Boulevard North, Suite 1103 Naples, FL 34103 Greenfield Commons Address: Legal Description: 1024 Commons Circle, Naples, FL 34119 Tract S-1 of the Vineyards Unit 3, as recorded in Plat Book 16, Pages 2 through 5, of the Public Records of Collier County, Flonda Dear Mr. Hains and Mr. Malamphy: Collier County is reviewing the accuracy of impact fee assessments for selected land use categories going back to the beginning of the program. From this review we found that the impact fees were paid on February 11, 2000 for Permits #1999101567 and #1999101568 for Greenfield Commons as follows: IMPAC~ FEE RATE # OF U'NITS AMOUNT PAD ROAD $846.00/Per Unit 4 $ 3,384.00 SCHOOLS $827.00/Per Unit 4 $ '0.00 COMM. pARKS $571.02/Per Unit 4 $ 2,284.08 REG. pARKS $249.82/Per Unit 4 $ 999.28 I.IBRARIES $180.52/Per Unit 4 $ 722.08 EMS $2.00/Per Unit 4 $ 8.00 Jp, ll. $117.98/Per Unit 4 $ 471.92 TOTAL PAID $ 7~869.36 NOV 0 § 2002 Carccnfi¢id Page 2 School Impact Fees were ,mqttired to be paid, but our records indicate the,se Impact Fees were not paid. Listed.b~low ~1~ th~ nrnollnl8 .dl~. IMPAC-I' X']:~ RA'I~ # OF UNITS A1MO< SCHOOLS S82 00/Ver Unit 4 $ 3,308.00 TOTAL \ $ 3,308.00 In summary, without:an Educational Facilities exemption, the Impact Fees in the amount of $3,308.00 are now due. In the dvent the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for ail amounts then due against the property can be recorded in the Officiai Records of Collier County. We respectfully request that payment of the sum due, as shown above, be made promptly to Collier County. ff you should have any questions, please contact me at 403-2369. Sincerely, Phillip R. Tindall Impact Fee Coordinator Fr/ x f Board of County Co,~,~i,-ione~ (~) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, County Manager Jo~ph IL Schmitt, .~lminiatrar~,.Community D~vclopment & lSnvironm~nml Services Diviaion Robert W. Bym¢, CMA, Dir~tor of Audit Department $ar. qtmlme Hubbard Robinson, E~sq., Assistant County Attorney Patrick G. Whi~ F.~., A~iatant County Attorney Thomas C. Palmer, Eaq., Aasiatant County Attorney ID~nton Balm', Direc~r, Financial Admimswafioa and Housing NOV 0 5 2002 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR HOMEWOOD RESIDENCE FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 770 Goodlette Road North, Naples, Florida, 34102 owned by Nationwide Health Properties, Inc. in the amount of $118,695.00. CONSIDERATIONS: This facility had no exemption from Educational Facilities Impact Fees at the time of the issuance of the building permit and stated no reason why it should now be exempt. The building permit was issued by the City of Naples on November 24, 1997 for an Assisted Living Facility. Such facilities are considered a residential use under both our old code and our new code~. Residential uses owe Educational Facilities (School), Parks, Library and EMS Impact Fees unless exempt. Thus far, Homewood Residence has not provided any documentation to qualify for an exemption. There is presently no zoning classification that exempts this facility from Educational Facilities Impact Fees. The Impact Fees were owed at the time the building permit was issued and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $82,700.00, Park Impact Fees in the amount of $17,900.00, Library Impact Fees in the amount of $18.052.0(}. and EMS Impact Fees in the amount of $43.00. Total impact fees owed are $118.695.00. GROWTH MANAGEMENT IMPACT: Impact Fees are an important funding source for Capital Improvements identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $118,695.00. SUBMITTED BY: ~,~ C"¢~ Philli~rf'R. Tind~-ll, Impac['Fee Coordinator / APPROVED BY: unity Development and Environmental Services Division Section 74-376 of the 1997 Collier County Code of Laws and Ordinances and Section 74-' 08 of the current Collier Count Code of Laws and Ordinances. NOV 0 5 2002 COLLIE'R COUNTY 3301 Tamiami lrail East Naples, Florida 34112-4902 Telephone: (941) 774-1400 FAX: (94]) '774-0225 October 9, 2002 John T. Marshall, Esquire (Via Facsimile) Holland & Knight LLP P.O. Box 1288 Tampa, Florida 33601-1288 Nationwide Health Properties, Inc. (Via Overnight Mail) 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Homewood Residence (Via Overnight Mail) Nationwide Health Properties, Inc. c/o Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 Homewood Residence (Via Overnight Mail) Nationwide Health Properties, Inc. c/o Mr. David R. Banks, Director 610 Newport Center Drive, Suite 1150 Newport Beach, California DAVID C. WEIGEL COLLIER COUNTY ATTORNEY lleidi F. Ashton Jennifer A. Belpedio Ellen 1. Chadwell Ramiro Monolith William E MauntForcJ Thomas C Palmer Michael W. Petfit Jacquoline llubbard Rubinson Mariorie M. Student Patrick G. White Robert II. Zacho~ RE: NOTICE OF l.mN FOR HOMEWOOD RESIDENCE Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard this matter at the public hearing scheduled for November 5~, 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. NOV 0 5 2002 O~t~ 9, 2OO2 Page 2 Thank you for your attention to this matter. cc: Sincere ~.[~c .q~' Hubbard Robinson ~ssistant County Attorney Corporation Service Company ~/. W. E. Sherif~ CEO 13livid C. Weige~ County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Man~gcr Honorable Dwight E. Brock, Clerk of thc Circuit Court $oseph Schmitt, Administrator, Community Development Denton Baker, Business Manager for Commumty Development Phil Tiadall, Impact Fee Coordinator Sandra R. lames, Legal Assistant H: Jackied Homeaneood/Ltr to John Marshall Ntc. of L/en AGENDA IT'EM NOV 0 5 2002 HOMEWOOD RES~ENCE NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES Owner: NATIONWIDE I-tEALTH PROPERTIES, INC. 610 Newport Center Drive, Suite 1150 Newport Beach, California 92660 Owner's Address: And Homewood Residence Nationwide Health Properties, Inc. C/O Registered At~ent CT Corporation S~stem 1200 South Pine Island Road Plantation, Florida 33324 ~iomewood Residence Nationwide Health Properties, Inc. C/O Mr. David R. Banks, Director 610 Newport Center Drive, Suite 1150 Newport Beach. California 92660 And And Courtesy Copie.<: Corporation Service Company 1201 Hays Street Tallahassee, Fic)S&: 32301 Mr.W.E. Shc-12 :'Y© American Re:ir.::-: ~ :.: Corporation 111 Westwood Piacz. #200 Brentwood. 'I'ennessee 37027 Legal Description or Address of Property Subiect to Lien: HOMEWOOD RESIDENCE Address: 770 Goodlette Road North, Naples, Florida 34102 Legal Description: Lot 6 of Common Professional Park, according to the plat thereof recorded in Plat Book 23, Page 23, of the Public Records of Collier County, Florida. On September 24, 2002 after a public petition appeal before the Board of Commissioners of Collier County, impact fees previously assessed by Collier County were determined due as set forth in the Final Notices of Impact Fee Statement, attached hereto as composite "Exhibit A" in the amount of $118,695.00 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impact fees became delinquent on October 10, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. ~,6~, A ITEM NOV 0 5 2002 pg._ J Page 2 Notice of lien From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee. of $118,695.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33, 91-39, and 91-11 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOT[FIFT) by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $118,695.00 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Date: October 9, 2002 B~i /~Lien was prepared ~,.' J~queline Hubbard Robi~son, Assistant County Attorney Office of the Count. For: Collier Count. Govcr~zme~zt 3301 Tarniami Trail £a~': Naples, Florida 33962 - 49?5 (941) 774- 8400 STATE OF FLORDA COUNTY OF COLLIEi Acknowledged before me this~ who is personally kno~ .~1~%,_* S~p~. P My Comm~sion ~'rtr-day of October, 2002 by Joseph Schmitt. cc: John T. Marshall, Esquire AGEhlOA |'I'~.M ~ NOV 0 5 2002 --- COI.HER COUN FINANCL ADMINISTRATION AND HOUSING DEP 2800 N. Horseshoe Drive · Naples, Florida 54104 · 239-659-5722 - Fax 239-659-5725 FINAL NOTICE OF IMPACT FEE STATEMENT August 13, 2002 CERTI~'TKD lVIAIL #7011 0320 0003 4604 5573 CERTIFrN-D MAIL #7002 0860 0008 6511 5049 RETURN RECEIPT ILEQUE~TED ~ RECEIPT REQUESTED Mr. W. E. Sheriff, CEO American Retirement Corporation 111 Westwood Place, #200 Brentwoock TN 37027 Mr. David R. Banks Nationwide Health Properties, Inc. 610 Newport Center Dr., Suite 1150 Newport Beach CA 92660 Homewood Residence Legal Description: LOT 6, COMMON PROFESSIONAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 23, OF THE PUBLIC RECORDS OF CO~ .1 .IF.R COUNTY Dear Mr. Sheriff and Ma-. Banks: As per the Preliminary Notice of Impact Fee Statement received by American Retirement Corp. on June 5, 2002, impact fees were'paid on November 1997, for City of NaplesPermit $$9700071306, for Homewood Residence as follows: IMPACT F~ RATE # OF UNITS AMOUNT PAID ROAD $257.00/Per Unit 100 $ 25,700.00 SCHOOLS $827.00/Per Unit 100 $ 0.00 COMM. PARKS $399.00/Per Unit 100 $ 0.00 REG. PARES $179.00/Per Unit 100 $ 0.00 -Y.mRARm.~ $180.52/Per Unit 100 $ 0.00 EMS Unknown Rate 100 $ 157.00 ~JAIL N/A $ 0.00 TOTAL PAra $ 25~857.00 Schools, Regional Parks, and Libraries Impact Fees were rexlUired to be paid, but our records indicate these Impact Fees were not paid. EMS was underpaid in the amount of $43.00. Listed below are the amounts due. ~A I.X~ . ~'~ NOV 0 5 2002 Homcwood Residence Page 2 IMPACT FEE RATE # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 100 $ 82,700.00 COMM. PARKS $399.00/Per Unit 100 $ 0.00 REG. PARKS $179.00/Per Unit 100 $ 17,900.00 IJRRARIF_.S $180.52/Per Unit 100 $ 18,052.00 EMS $ 2.00/Per Unit 100 $ 43.00* TOTAL DUE $115~695.00 *Amount owed is the difference between $200.00 (correct rate - $2.00/per unit x 100 units) less $157.00 (incorrect rate assessed). In the event the Regional Parks, and Libraries and EMS Impact Fees in the amount of $35,995.00 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against thf property can be recorded in the Official Records of Collier County. A Final Notice will be sent ninety (90) days from receipt of the Preliminary Notice of Impact Fee Statement for payment of School Impact Fees in the amount of $82,700.00 unless payment in full is remitted or documentation of qualification for exemption is provided. Our records further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, American Retirement Corporation/Nationwide Health Properties, Inc. is entitled to the following refunds: IMPACT FEE AMOUNT ROAD $10,400.00 TOTAL $10,400.00 .. The net financial impact to American Retirement Corporation/Nationwide Health Properties, Inc., after payment of amounts due and approval of the above refund, is as follows: IMPACt FEE AMOUNT AMOUNT OWED $118,695.00 LESS AMOUNT OVERPAm ($10,400.00) TOTAL $108,295.00 NOV 0 5 2002 Homewood Reaidence Page 3 .. We'respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. Sincerely, Impact Fee Coordinator PT/pdf Cc: 1Va. Elise Ba~el Lynn, Holland & Knight LLP, 400 N. Ashley Dr.. Ste.2300, PO Box 1288, Tampa, FL 33601 Peggy Pepper. Resident Manager, Homewood Residence, 770 Goodlette Road N., Naples, FL 34102, Certified Mail #7001 0320 0003 4604 5566, Return Receipt Requested Board of County Commissioner~ (6 Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, Acting County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byrne, CMA, Director of Internal Audit Jacquelim' } hO,bard Robinson, Esq. x ,.:,mi County Attorney 1';,,~..~ ~,. ~'\ mt..; . ..., ~ ...::,~y Attorney 'lhomas C. Palmer, ~',,~., .q.,~t=t;nt County Attorney l~nton Baker, Director, Financial Administration and Housing NOV 0 5 2002 EXHIBIT "A' ' COLLmR COtJlglT FINANC ADMINISTRATION AND HOUSING DEPAK/'MF_ 2800 ~/. Horseshoe Drive · Naples, Florida 34104 · 239-659-5722 · Fax 239459-5725 September 4, 2002 ~F/NAL NOTICE OF IMPACT FEE STATEMENT CERTIFII=~ MAIL #7002 0860 0008 6511 9955 Mr. W. E. Sheriff, CEO American Retirement Corporation 111 Westwood Place, #200 Brentwood, TN 37027 CERTIlelED MArL #7002 0860 0008 6511 9962 RECEIPT REQUESTED Homewood Residence Legal Description: Mr. David R. Banks Nationwide Health Properties, Inc. 610 Newport Center Dr., Suite 1150 Newport Beach CA 92660 LOT 6, COMMON PROFESSIONAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 23, OF THE pUBLIC RECORDS OF COLI COUNTY Dear Mr. Sheriff and Mr. Banks: As per the Prehminary Notice of Impact Fee Statement received by American Retirement Corp. on June 5, 2002, impact fees were paid on November 1997, for City of Naples Permit #9700071306, for Homewood Residence as follows: I1VIPAC-i' I~'EF. RATE [ # OF UNITS AMOUNT PAID ROAD $257.00/Pcr Unit 100 $ 25,700.00 _SCHOOLS $827.00/Per Unit 100 $ 0.00 COMM. PARKS $399.00/Per Unit 100 $ 0.00 REG. PARKS $179.00/Per Unit 100 $ 0.00 I.mRAR lg_q $180.52/Per Unit 100 $ 0.00 EMS Unknown Rate 100 $ 157.00 JAIl. TOTAL PAII~ N/A $ 0.00 $ 25,857.00 Schools, Regional Parks, and Libraries Impact Fees were required to be paid, but our records indicate these Impact Fees ~/erc not paid. EMS was underpaid in the amount of $43.00. Listed below are the ~rnounts due. c o t~ NOV 0 5 2002 Homewood Residence Page 2 IMPACT FEE RATE # OF UNITS AMOUNT OWED SCHOOLS $827.00/Per Unit 100 $ 82,700.00 COMM. PARKS $399.00/Per Unit 100 $ 0.00 REG. PARKS ![179.00/Per Unit 100 $ 17,900.00 T_mRARmS $¢80.52/Per Unit 100 $ 18,052.00 EMS $' 2.00/Per Unit 100 $ 43.00* TOTAL DUE I $118,695.00 *Amount owed S the difference between $200.00 (correct rate - $2.00/per unit x 100 units) less $157.00 (incorrect rate assessed). In the event the School Impact Fees in the amount of $82,700.00 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required bx' Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. Our records further indicate tS: · u.~n approval by the Board of County Commissioners and after payment of the above amoun'~ c~ zs. American Retirement Corporation/Nationwide Health Properties, Inc. is entitled to the following reiunds: 12vrPACT FEE AMOUNT ROAD $10,400.00 TOTAL $10,400.00 The net financial impact to American Retirement Corporation/Nationwide Health Properties, Inc., after payment of amounts due and approval of the above refund, is as follows: IMPACT ~ AMOUNT ~viOUNT OWED $118,695.00 ... LESS AMOUNT OVERPAID ($10,400.00) TOTAL $108,295.00 We respectfully request that payment of the sums due, as outlined above, be made promptly to Collier County. If you should have any questions, please contact me at 403-2369. NOV 0 5 2002 Hon~wood Residence Page 3 Sincerely, Pl/flli~ Impact Fee Coordinator r/pdf Cc.' Ms. Elise Batsel Lynn, Holland & Knight LLP, 400 N. Ashley Dr., $te.2300, PO Box 1288, Tam FL 33601 Peggy Pepper, Resident Manager, Homewood Residence, 770 Goodlette Road N., Naples, FL 3~P]~3o_~ Certified Mail #7002 0860 0008 6511 9979, Return Receipt Requested ' Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Adrmnistrator, Community Development & Environmental Services Division Rober~ W. Byrne, CMA, Director of Internal Audit Jacqueline Hubbard Robinson. Esq., Assistant County Attorney Patrick G. White, Esq., Assistanl County Attorney Thomas C. Palmer, Esq., A~s~'s:ant County Attorney Denton Baker, Director, F~nzr~:~ai Administration and Housing AGEhI~A ITEM 1 NOV 0 EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR MERRILL GARDENS FOR UNPAID IMPACT FEES OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 1710 SW Health Parkway, Naples, Florida, 34109, owned by Health Care REIT, Inc. in the amount of $122,396.00. CONSIDERATIONS: This facility did not provide any documentation to qualify for an exemption from Educational Facilities Impact Fees (School Impact Fees) at the time of the issuance of the building permit. The building permit was issued on July 15, 1997 for an Assisted Living Facility and is cun'ently licensed as an Assisted Living Facility. The Educational Facilities Impact Fees were owed at that time and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $122,396.00. GROWTH MANAGEMEXT IMPACT: Impact fees are an important funding source ~d~ ....... ~ tn the Growth Management Plan. for Capital Improvements ' ': .... : '-'" ~ ' RECOMMENDATION: Thai d~e Board of County Commissioners approve the Claim of Lien to be filed in the amount of $122,396.00. SUBMITTED BY: APPROVED BY: ~ ,~. c~~ Date: l~hilli~R. Tindal~, Impact Fee Coordinator Date', O/,~-~"/~---- ~Pm~huKnitSyCDeh~viet~'opAme%t aninigtxda~°nr vironmental Services ~ivision AG~'' "~ a rri:*M "tO NOV 0 5 2002 COLLIER COUNTY 3301 Tomiami Trail East Naples, Florida 34112-4902 l'alephone: {941) 774-B400 FAX: {941) 774-0225 October 9, 2002 John S. Inglis, Esquire (Via Facsimile Transmission) Shumaker, Loop & KendricI~, LLP Post Office Box 172609 \ Tampa, Florida 33672-0609 ' Health Ca~.Reit, Inc. (Via Overnight Mail) One Seaga~e, Suite 1500 Toledo, Ohio 43604 Health Care REIT, Inc. (Via Overnight Mail) C/O Registered Agent CT Corporation System 1200 South Pine Island Road Plantation, Flor/da 33324 Health Care REIT, Inc. (Via Overnight Mail) c/o Mr. Ray Braun, President One Seagate, Suite 1500 Toledo, Ohio 43604 COLLIER COUNI~ ATTORNEY Haidi F. Ashtan Jennifer k. letpedio Ellen T. OAedwell Itamiru tie. Itch William E. iAeuntFord ~omos C. Palmer Michael W. Petlit Jecqueline Hubbard Robinson Marioriu M. Studen~ Patrick G. White Robert N. Tach,fy RE: NOTICE OF LIEN FOR MERRILL GARDENS_ Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of County Commissioners has heard this matter at the public hearing scheduled for November 5th, 2002. Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Circuit Court if the County has not received the total delinquent impact fees due within thirty (30) days of your receipt of this notice. Thank you for your attention to this matter. NOV 0 5 2002 October 9, 2002 Page Two CC: Sincerely, Robinson Assistant County Attorney David C. Weigel, County Attome~ Ramiro Mafia/ich, C/xief Assislant County Attorney Board of County Commi-~sioner~ Jatn~ Mudd, County Manager Honorable Dwight E. Brock, Cl~xir of the Cirmit Court Joseph Schrn/tt, Administrator, Community Development Denton Baker, Bus/ness Manager for Cor. ununity Development Phil Tindall, Impact Fee Coordinator Merrill Gardens, Inc.. TMG Associates, Inc., Mr. William D. Pettit, Jr., President Sandta R. James, Legal Assistant H: Jackie./Homewood/Ltr to John Marst~a!i Ntc. of Lien NOV 0 5 2002 MER~H.I. GARDENS NOTICE OF LIEN BY COLLIER COUNTY FOR pgL~0UENT ~PACT ~EES (~n~r: HEALTH CARE REIT, INC. One Seagate, Suite 1500 Toledo, Ohio 43604 Owner's Address: Health Care REIT, Inc. CIO Registered Agent CT Corporation System 1200 South Pin~ Island Road Plantation, Florida 33324 And Health Care REIT, Inc. c,/o Mr. Ray Braun, President One Seagate, Suite 1500 Toledo, Ohio 43604 And Courtesy Copies: Merrill Gardens, Inc. TMG Associates, Inc. Mr. William D. Pettit, Jr., President 1938 Fairview Avenue East, Suite 300 Seattle, WA 98102 Legal Description or Address of Property Subject to Lien: MERR H .L GARDENS Address: 1710 SW Health Parkway, Naples, Florida 34109 Legal Description: All that part of the West ½ of the Northwest ¼ of the Northwest % of Section 26, Township 48 South, Range 25 East, Collier County, Florida, aa more particularly described in attached "Exhibit A" A public hearing will be held November 5t~, 2002 before the Collier County Board of Commissioners to determine if a Claim of Lien shall be recorded. The impact fees previously assessed by Collier County were determined due as set forth in the Notice of Impact Fee Statement, attached hereto as 'W.~hibit B" in the mount of $122,396.00 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees r~main unpaid. The impact fees became delinquent on October 10, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. ACa:~DA 1TE~, NOV 0 5 2002 Page 2 Notice of lien From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $122,396.00 plus the delinquency fee shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent (9%), calculated on a calendar day basis, until paid. Pursuant to Collier County Ordinance No. 92-33 as mended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of CoLlier County that due to your failure to pay Impact Fees on the property described above in the amount of $122,396.00 us any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Jacqueline Hubbard Robinson, Assistant County Attorney Office of the County Attorney For: Collier County Government 3301 Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774 - 8400 STATE OF FLORDA COUNTY OF COLLIER Acknowledged before me this ~7'~day of October, 2002 by Joseph Schmitt, John S. Inglis, Esquire AGEND_~ II~ NOV 0 5 2002 ~ Description of the Property ALL THAT PART OF THE WEST ½ OF THE NOR~T % OF THE NW ¼ OF SECTION 26, TOWNSHIP 48 SOLrI'~ RANGE 25 EAST, COLLIER COUNTY, FLORYDA A.ND BEING MORE PARTICULARLY DESCRIBED A~. FOLLOWS: COMMENCING AT ~ NOR~ CORNER OF SAID SECT]ON 26; THENCE ALONG THE WEST LrlNrE 'OF SAID SECTION SOUTH 00026'52.. ~ ~50.oo F~-T. TO ~ NO~.TH mgm' OF 'WAY LINE OF n~MO~EE ROAD (CR 846); ~I'I-/EN~ LEa, VINO SAID W~,ST LINE AND ALONG THE SAID NORTH RIOHT OF WAY LINE NORTH $9°55~29" EAST 398.82 FEET TO TIlE POINT OF BEGIN'I~II~G; THI~CE CO~ ALONG SAID NORTH RIGHT OF WAY LINE NORTH g9°55'29" EAST 263.54 FEET; Tm~CE SOUTH 00o30']?- EAST 9]6.72 FEET; THENCE NORTH $9*55'26" WEST 352.59 FEET; THENCE NORTH 03°01 '13" WEST 628.58 FEET; THENCE NORTHERLY 218.80 FEET ALOhIG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE CONCAVE WESTERLY HAVING A ~..DrUS OF 3~0.00 FF-~-T THROUGH A C~ A~GLE OF 34°49'21'' A~rO BEING SUBTE'NDED BY A CHORD WHICH BEARS NORTH 17020'09" EAST 215.44 FEET; THENCE NORTH 00°04'31" WEST 32.45 FEET; THENCE NORTHEASTERLY 78.54 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90000'00" AND BEING SUBTENDED BY A CHORD WHICH BEAR~ NORTH 44055'29" EAST 70.71 FEET TO THE POINT OF BEGINNING ALSO DESCRIBED AS TRACTS "A" AND '?", SOUTHWEST PROFESSIONAL HEALTH PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA NOV 0 5 2002 COLLIER COUNTY FINANCI ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · l~aples, Florida 34104 · 239-659-5722 · Fax 239-659-5725 September 4, 2002 FINAL NOTICE OF IMPAC"r FEE STATEMENT CERTqFIED MAIL #7002 0860 0008 65120005 CERTIFIED MAIL #7002 0860 0008 6511 5148 RETURN RECEIFr REQUESTED RETURN RECEIPT REQUF~TED Mr. Ray Braun, President Health Care REIT, Inc. One Seagate, Suite 1500 Toledo, OH 43604 Mr. William D. Pettit, Jr., President Merrill Gardens 1938 Fairview Avenue East, Ste. 300 Seattle, WA 98102 Memll Garden: Address: Legal Description: 1710 SW Health Parkway, Naples, FL 34109 Attached Dear Mr. Braun and Mr. Petti:. Collier County is reviewing ti'.: 2:c:racy of impact fee assessments for selected land use categories going back to the beginning c: r~e program. Among the developments of' which previous impact fee assessments were reviewed is the 148-unit Assisted Living Facility at Memll Gardens. The facility is located within the perimeter depicted by the legal description attached herewith, which is incorporated as a part of this Notice. From this review we found that the impact fees were paid on July 15, 1997, for Permit ~97050442, for Memll Gardens as follows: IMPACT F~.F~ RATE # OF UN£1'S AMOUNT PAID ROAD $187.00/Per Unit 148 $ 27,676.00 SCHOOLS $827'.00/Per Unit 148 $ 0.00 COMM. PARKS $399.00/Per Unit 148 $ 59,052.00 REG. PARKS $179.00/Per Unit 148 $ 26,492.00 ... !.IltRAR~ $180.52/Per Unit 148 $ 26,716.96 EMS 'Unknown Rate 128,900 Sq. Ft. $ 4,499.37 jAIL N/A $ 0.00 TOTAL PAID I $144~436.33 C-.. o I ~ o v ~ o u ~ t y NOV 0 5 2002 P&. I EXECUTIVE SUMMARY APPROVAL FOR THE RECORDING AND FILING OF A CLAIM OF LIEN FOR BENTLEY VILLAGE FOR UNPAID IMPACT FEES. OBJECTIVE: To obtain Board of County Commissioners approval to continue collection efforts by filing a Claim of Lien against the property located at 870 Classic Court, Naples, Florida, 34110, owned by CC Naples, Inc. in the amount of $133,156.68. CONSIDERATIONS: This f~cility did not provide any documentation to qualify for an exemption from Educational F&cilities Impact Fees at the time of the issuance of the building permit. The building permit was issued on November 16, 1998 for an Assisted Living Facili~.and is currently licensed as an Assisted Living Facility. Such facilities are considered~ residential use under both our old code and our new codet. Residential uses owe Educational Facilities (School), Parks and Library Impact Fees unless exempt. The Impact Fees were owed at the time the building permit was issued and pursuant to our ordinance are still owed. Attached are copies of the Notices sent and the proposed Claim of Lien. FISCAL IMPACT: The lien amount reflects Educational Facilities Impact Fees in the amount of $69,468.00, Park hnpact Fees in the amount of $48,552.00 and Library Impact Fees in the amount of $15. t 3 ~ ,. (~ S. Total impact fees owed are $133,156.68. GROWTH MANAGEMEX'T lMPACT: Impact Fees are an important funding source for Capital Improvements ic:., ~: , :d in the Growth Management Plan. RECOMMENDATION: ~ iqv.', the Board of County Commissioners approve the Claim of Lien to be filed in the amount of $133,156.68. SUBMITTED BY: ~-~' - Id/ Date: /~ Z .~C'Z ~-~/li~d~ll, ~pact Fee Coordinator APPROVED BY: K. S0(m~itt} Adminis~ator ommuni~y Development and Environmental Services Division Section 74-376 of the 1997 Collier County Code of Laws and Ordinances and Sectio of the current Collier Count Code of Laws and Ordinances. N 0 V 0 5 i ~g OCOLLIER COUNTY 3301 ]amiami '[rail Fasl Naples, Florida 34112-4902 Telephone: (941) 774-6400 FAX: (941) 774-0225 October 9, 2002 DAVID C. WEIGEL COLU~ COUld' David P. Barker, Esquire (Via Facsimile) Gronek & Latham, LLP 390 North Orange Avenue, Suite 600 Orlando, Florida 32802 CC NAPLES, INC. (Via Overnight Mail) 200 West Madison Street Suite 3700 Chicago, Illinois 60606-3417 Bentley Village (Via Overnight Mai[? CC Naples, Inc. C/O Registered Agent The Prentice Hall Corporation System 1201 Hayes Street Suite 105 Tailahassee, F1 32301 Bentley Village (Via Overnight Mail) CC Naples, Inc. C/O Ms. Penny Pritzker, Chairman/Director Classic Residence by Hyatt 200 West Madison Street Suite 3700 Chicago, lllinois 60606-3417 RE: NOTICE OF LIEN FOR BENTLEY VILLAGE Dear Sir/Madam: Attached is a copy of the Notice of Lien sent to the property owner by Collier County for Delinquent Impact Fees. This lien will not be recorded until the Board of Commissioners has heard the matter at the public hearing scheduled for November 5t~ Thereafter, upon the Board's approval, a Claim of Lien will be filed with the Clerk of the Court if the County has not received the total delinquent impact fees due wi_thin thirty (30) of your receipt of this notice. NOV 0 5 2002 October 9, 2002 Page 2 Thank you for your attention to this matter. Sincerely, ~bard Robinson ~Cisistant County A~tomey CC: David C. Weigel, County Attorney Ramiro Mafialich, Chief Assistant County Attorney Board of County Commissioners James Mudd, County Manager Honorable Dwight E. Brock, Clerk of the Circuit Court Joseph Schmitt, Administrator, Community Development Denton Baker, Business Manager for Community Development phil Tindall, Impact Fee Coordinator Sandra R. James, Legal Assistam H: Jackie/Bentley/Ltr. Nrc of Lien 100902 NOV 0 5 2002 BENTLEY VILLAGE NOTICE OF LIEN BY COLLIER COUNTY FOR DELINQUENT IMPACT FEES OwneF: CC NAPLES, INC. 200 West Madison Street Suite 3700 Chicago, Illinois 60606-3417 Owner's Address: And Bentley Village CC Naples, Inc. C/O Registered Agent The Prentice Hall Corporation System 1201 Hayes Street Suite 105 Tallahassee, F1 32301 Bentley Village CC Naples, Inc. C/O Ms. Penny Pritzker, ChairmanfDirector Classic Residence by Hyatt 200 West Madison Street Suite 3700 Chicago, Illinois 60606-34 !.7 Legal Description or Address of Property Subiect to Lien: BENTLEY VILLAGE Address: 870 Classic Court. Naples, Florida 34110. Le,,al Description: A ~arcel of land located in Section 9, Township 48 South, Range 25 East. Collier County, Florida, as more particularly described in attached "Exhibit A' On September 24, 2002 after a public petition appeal before the Board of Commissioners of Collier County, impact fees previously assessed by Collier County were determined due as set forth in the Final Notice of Impact Fee Statement, attached hereto as "Exhibit B" in the amount of $133,183.68 against the above-referenced property. More than thirty (30) days have passed since the amount due was determined and these impact fees remain unpaid. The impaCt fees became delinquent on September 4, 2002, thirty (30) days after receipt of the Final Notice of Impact Fee Statement. From the date of becoming delinquent, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed. The total impact fee of $133,183.68 plus the delinquency fee .shall bear interest at the statutory rate for final judgments in effect as of the date of the delinquency or nine percent ~.9%), calculated on a calendar day basis. until paid. NOV 0 5 2002 · page 2 Notice of lien Pursuant to Collier County Ordinance No. 92-33, 91-39, and 91-11 as amended and Chapter 74 of the Collier County Code of Laws and Ordinances, you are hereby NOTIFIED by the Government of Collier County that due to your failure to pay Impact Fees on the property described above in the amount of $ $133,183.68 plus any accrued interest, the County shall forthwith file a Claim of Lien with the Clerk of the Circuit Court. Collier County Government, Lienor Jacqueline Hubbard Robinson, Assistant Counm. Attor~zey Office of the Count. Attorney For: Collier County Government 3301 Tamiami Trail East Naples, Florida 33962 - 4976 (941) 774-8400 STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this __ who is personally known to me. (c:.SteF)~,,~ 13 MS, Commm,..~on DDOt 3' r~ day of October. 2002 by Joseph Schm::t. -./N~tarv 15ublic - cc: David P. Barker, Esquire NOV 0 5 2002 Exhibit "A" PARCEL 1: (T~ ~) A PARCEL OF' LAN0 LOCAI'[D I~ SECT~C,N g. 'I'O'*'~4S)'~P 48 ~jOUTH.. RANG[ [~$T~,Cc~R CCUNT~, F~.CRIDA, BFJNG MORE PARTICULARLY A<. I~_~_T,N AT 1~1[ MOST NORTHF-Ac-T[j~L¥ CC'RN~R OF TRACT R CF TN-_' UNiT ONF- ACCOROINC TO T~[ PLkT THEREOF R£COROED tN Fa. AT BOOK 12 AT F~G~S I00 I~IRCUC-u lr~2 CF THE PUE~JC R[COR.~$ C~ COLUER CCUNT~, F'LCRIOA. TH[' ~AME ~-t[NC t, PoiNT ON A CIRCULAR CURVE. CCNCAV~ SCU~H~RL¥, WHOSE RA~,;US POINT It[ARS S. C&'~2'4.~' W., DISTANCE CF 1EO:.0G FKrT THEaF-~tRC)~; T~FNC[ CCN~NU[ ~k~, ALONC ~[ ARC OF SA~ CJR~ TO ~E RI~T. HA~NC A RAO)US OF 16O2.CO ~RCU~ A ~J~AL AN~ O~ a8~1'12', suB~o~ BY A ~CRD CF FCR A CISTANC[ CF 5~ ~T TC ~[ BEG:NNINC CF A TANC[N~AL 471.16 FE[1 TO ~E LK: C: L~ C CUR~; ~ENCE RJN h ~3'35'0C' E FC~ X CISTANC[ OF 34~ ~" F<T[T TO ~E EEGINN~NG OF A CF 40E.0~ ~ Ar ~ EL.~,D,S CF N. 72~5'C0' E., FOR A C)S-A~CE Cc 4:~.~ ~[T TO ~E U~: C~ S*;2 C~'~. ~ENCE RuN S E~'4~'02' {. C:RCU~R CUR~ C~NCA',~ TC THE SCUTH~ST; ~[NC[ RUN S~OED BY A C~R~ ~ ~C.87 FEET AT A B~R:NC CF S. 63'3~'C0' [.. ~NC~ RUN ~ ~8~ 0C' ~. FCE A 01STAN~ CF 2~.52 ~T lC ~E B[~NNiNG OF A TANt [N~A~ CIRCULAR ~R'~. CONCA~ TO ~E NCRT~EAET. T~N~ RUN SOU~Ey,S~-v, ~LCNG ~[ ARC OF SAt~ CuR~ TO ~[ HA~NG i RADIUS OF 50~.CC ~T. ~RCUGM A CEN~AL ANG~ OF ~8~ND[D BY A ~CRD CF 12'.52 F~T AT A BEAR~NC CF S. 5~7'~g' E.. F~R A DIST~ OF 125.21 ~[T TO A PCINT CF COMPCUND CUR~; R~N EASEL% ALONC ~E ARC OF SAID CUR~ TO ~[ ~. HA~ING A RAOIUS CF ~0,00 ~T. ~RCU~ A C~q~Ag AN~ CF I01'~7'22', BY A ~CRO OF ~.~0 ~-. AT A ~RING CF N. 67~5'~:' E.. FOR A DISTANCE ~ 53.21 ~T TO T~E ~0 ~ SAID CUR~ ~ENCE RUN N. gS~C'l~' C FOR A D,ST~NC~ CF 55.16 FEET TO A POIN~ ON ~ (Page I of 3) NOV 0 § 2OO2 Exhibit PARCEL 1: (TRACT B) (cont.) 8-:A~.~ S. 6b-37'29' E., A Dzc:~N , ~O~ BY A ~0~ CF ~7.~0 ~T AT ~ 8E~G ~ N. · ~ aa~ ~ 07~32'' N. 86~$'00' ~ FOR A O'~A~C~ CF ,:.~, ~T TC A ~0~ RUN ~Y RI~T--OF-WAY UNE CF . C~N~. ~C~CN O~OlO .,. e r FCR ~A~ R~O ~ a< ~ .... gL;' .. '.- · "- .... R~N SCU~ERLY ALC~C SAJ~ ~S~RLT RJCNT_~_WAY UN~ AN0 A.DNG ~E ~ OF ~[O CUR,~ TO ~E L~. H~NC A RA~US OF ~E34-~8 ~r. ~RCUGN A :~ ANC~ CF 0:~'~7-' - ~:STAN'C[ Cr 5.OC r~ TC A PC~NT ~ A C:ACU~R CU~ C~ ..... ~- 51'22'05' (.. AuONC e:~RS N. 81~2'06' E"- -,~"--'~ ~-E N~EXST. ~OSE RADIUS ALC',: c~ ~ . T~E ARC C? SA~D CUR~ TC - '- W~S~RLy R~T-o?-WAy UNE AND T~RCUC~ A ~N~AL ANC r ' ~ '~' HA~Nc A RAOUe ~r ~ ~ ~r~ AT A ~ARINC CF ~. I='~' ' -- . SUE,~C[~ EY A CHORD CF LT:~c"r' '/~ o~ ~;,..:, ~ .~::'cr w.. ,~&~'"~7 J~ pST. SCC~ '/2 Cr ~E SCL,~,~S-: CF ~09~9.¥~RC: ~E 4~C-1~ ~[T TO A POINT ~)C~ EE~Fe S.O)'4O'Ig' [.. A DISTANCE CF . _ DISTANC[ CF RE~EAT L'N~T C,N~ ~ENC- I.E~ ~ ~ ~ME MOST S- DISTANC~ C? U&:T ~E re~-~ ~'~5,c~LY CCRNE~ C? SAID P~T Or ~E C~ SAIO RE~[AT UNIT C.N;: FCg A ~:57 , ~- - · _ ..... h. 4~8'41- W.. ~CNC ~ij [AE~K'~'l~' W.. ALONG ~[ ~c~9Ly ~.~, A.CNG ~E EASiLy .... ::,; T~ENCE R~N N. 55~2'00' . NOV 0.5 2002 Exhibit "A" PARCEL !: (TRACT B) (cont.} CF lgl.38 ~ TO TH~ B-'O~NN:NG OF A TANGFJ41~. OR(~JtAR. CONCAVE. NO~I~IMF.~T:'..RLY; 11~.aC~ RUN NORT~-:~LY. ALONG ~ F..A.~I'O~LY BOUNDARY O,- ~0 Lr!I~A? UNIT (~NE AND ALONG 1~.£ ARC 0F SAID ~ TO 1~E L.EF'T, HAV)NG A RAOUS OF 175.00 Ir~iT, THROUGH A C~ITRAL ANGLE OF Sb~,'L~O~J BY A C~ORD OF 146.30 FK.rT AT A BEARBaG OF N. oa'3g'3o' £.. ;O.R A ,,"ISTAI~E OF 150. g3 FEET TO I~E ENO OF ~aO CURVE: RL): N. l&~' W.. ~NG ~E EASILY B~N~Y OF ~ R~EAT ~NIT ~: FOR A DIST~C~ ~ 117.06 ~ET TO ~E BE~NNING ~ A IANG~N'I~ OR~J~R ~R~. CONCA~ SOb~S~Y: ~ RUN ~.87 ~T, ~ROUGH A ~N~AL AN~ or 2~'~'. ~g~qO~ BY A CHOP~ O~ 1~4.38 ~T AT A BEAR~NG OF N. 27~'0~' W., FOR A DISTANCE CF 13~.26 ~T T0 A P~NT ~ RE~R~E CUR~; ~EN~ RUN ALON: ~ ~S~LY B~NDARY OK SAID R~AT UNIT ~E AND ALONG ARC OK SAiD CUR~ T0 ~IGHT. HA~G A R~I'JS OF 12~.00 r~. C~AL ANGLE 0F ~1'4g'20'. SUB~NDE~ BY A ~GRO OF 1Og.2~ ~:T AT ~EAR~NG CF N. 12~2'29' W., F~R A O~STANCZ Or 1~3.06 ~ TO A Cr R~ ~R~: ~ENC~ RUN N~RTH~RLY, ALONG ~ EASILY CF SA~D R~EAT UNiT ON~ AN~ ALONG ~E ~C OF S~D ~JR~ TO ~[ ~, ~A~NG A RAOIUS 0F ~0.0~ ~T. r~a~G~ A C~N~AL OF 20~g"ll'. ~Y A ~0R~ ~ 14~C~ ~T AT A ~E~R~NG :F N. 02'32'35' E.. F0R A N. 07'57'00' W.. ALON0 ~ ~AS~LY ~N0~ CF 5Al0 R~[AT UNIT C:RCU~R CUR~. CONCA~ SCU~S~LT; ~ENC[ RUN Au0NC ~ [A~RLY ~0UN~A~Y OF 5~;~ RL~[AT UN;T ONE AN0 ALONC SCUNOARY CF 5Al0 R[~[AT Ut.~T ON[. FOR A C'STANC[ OF 227.19 FEET; ~E~EAT UN:T CNC FCR A 0ISTANC~ 0~ 1A~.41 ~T TO T~[ ~ TOGETHER WITH: PARCEL 3: LOT 16 OF RETREAT UNIT ONE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, AT PAGES 100 THROUGH 102. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 1 186 ACRES MORE OR LESS {Page 3 of 3) NOV 0 5-2OO2 EXHIBIT "B' COHJER COUNTY FINANCI ADMINISTRATION AND HOUSING DEPARTMENT 2800N. Horseshoe Drive · Naples, Florida34104 * 259..65%5722 * Fax239-659-5725 CERTIFIED MAll, #7001 0320 0003 4604 5597 RETURN RECEIPT REQUESTED FIN~ NOTICE OF IMPA~ FEE STATEMENT July 26, 2002 Ms. Penny Pritzker, Chairman/Director CC Naples, Inc. Classic Residence by Hyatt 200 W. Madison Street, Suite 3700 Chicago. IL 60606-3417 RE: Bentley Village Legal Description: TOX3,~'SH2EP 48 R,~NGE 25, SECTION 9 CON'EvI N*V CNR "TH2E RETREAT" U%~IT 1 LY~G ELY COL~TY ~ 901 TO POB, N 88 DEG E 150.20 ~, 42.75~ ~G ~C C~ TO RIG~, 42.75~ ~G ARC CL~X~ TO ~, N 88 DEG E 80.35 ~, N 1 DEG W 20~, N 88 DEG E 50~, S 1 DEG E 20~, N 88 DEG E 24.53~, 466.17~ ~G ~C OF CL~ TO L~, 37.87 ~G ~C OF CL~ TO RIG~, 46.24 ALG ~C OF C~ TO ~, N 63 DEG E 50~, 46.24~ ~G ~C OF C~ TO ~, 357.03~ ~G C~, 46.24 ~G ~C OF C~ TO I.E~, N 77 DEG E 50~, 46.11~ ~G ARC OF C~X~ TO ~, 399.33~ ~G ~C OF C~ TO ~G~, ~ BErG NOR~ BO~Y OF ~AT ~ 1, 18.97~ ~G ~C C~ TO ~G~, N I DEG W 790.48~, S 88 DEG W 1827.53~, S 1 DEG E 1095.81~ TO POB ~ 46.14 AC DESC ~ OR 1182 PG 2318 ~~Y V~LAGE P~SE OR 995 PG 763-765, OR 1728 PG 1871. De~ Ms. Pfimker: As stated on the Pmli~n~ Notice of ~pact Fee Statement received by your office April 24,~00 and our follow-up letter dated May 22, 2002, which honored your request fo, a 30-day extensi'[n t~0V ~ Ma. Penny Pritzker Bentley Village Page 2 respond to the Notice, impact fees were paid on November 17, 1998, for Permit g98090187, for Bentley Village as follows: SCHOOl______ COMM. PAKKS KEG. PAR. KS LIBRARIES EMS JAil_ # OF UNITS A.MOUNT PAID 84 $ 78,540.00 84 $ 0.00 84 $ 0.00 84 ~ $ 0.00 84 $ 0.00 TOTAL PAID $399.00/Per Umt I $128.00~ ._____~. Ft. I 80,064 Sq. Ft. I $10,248.19 N/^ I r s o.oo I I s 88,788.19 Schools, Cornmunity Parks, Regional Parks, and Libraries I.mpact Fees were required to be paid. but our records indicate these Impact Fees were not paid. Listed below are the amounts due. 13V[PACT FEE RATE # OF UNITS .43vIOL -rS'-I' OVoiD '~-CHOOLS $827.00,~er Unit 84 $ 69,468.00 COMM. PARKS 84 $ 33,516.00 $ 15,036.00 KEG. pARKS $399.00/Per Unit $179.00/Per Unit 84 LIBRARIES $180.52/Per Unit I 84 ~--$ t5;-136.68 7 $133.183.68.___~ TOTAL DUE ~ In the event the Schools, Community Parks, Regional Parks, and Lib~pac.t_Ee, e,~almg ..... $133,183.68 are not paid in full within thirty (30) calendar days of the effective date of service of this Notice, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74-501A of the Collier County Code of Laws and Ordinances. In addition, a lien for all amounts then due against the property can be recorded in the Official Records of Collier County. Our r~cords further indicate that, upon approval by the Board of County Commissioners and after payment of the above amount due, Bentley Village is entitled to the following refunds: f ROAD nV[PACT EMS TOTAL OVERPAID AMOUNT $65,688.00 $10,080.19 $75,768.19 NOV 0 § 2002 Ms. Penny Pritzker Bentley Village Page 3 The net financial impact to Bentley Village, after payment of amounts due and approval of the above refunds, is as follows: ~ mrna CT VV_.z I .~ ~avioum' AMg,UNT OWED t (- ._,$..~3,183.6.~8 ~q' L~S!, AlVIOONT OV~PAD -~.. 7_S,768.~9 . TOTAL NET I r'""_$ 57,415.49.~ We respectfully request that paDment of the sums due, as outlined above, be made promptly to Collier County Board of County Commissioners. If you should have any questions or would like assistance applying for the refund, I can be contacted at 403-2369. Sincerely, Phillip"R. Tindall Impact Fee Coordinator PT/pdf Cc: Rory W. Beckman. Bentley Village. 875 Retreat Drive. Naples. FL 34110, Cch. Mail #7001 0320 0003 4604 55.12 David P. Barker. Esquire, Gronek & Latham. LLP, 390 North Orange Avenue. Suite 600. Orlando, Florida 32502 Board of County Commissioners (6) Honorable Dwight E. Brock, Clerk of the Circuit Court James V. Mudd, Acting County Manager David C. Weigel, Esq., County Attorney Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Robert W. Byme, CMA, Director of Internal Audit Jacqueline Hubbard Robinson, Esq., Assistant County Anorney Patrick G. White, Esq., Assistant County Attorney Thomas C. Palmer, Esq., Assistant County Attorney Denton Baker, Director, Financial Admin/stration and Housing AGENDA ITEM '1 ~L~' '.~ NOV 0 5 2002 p~. /\ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT AND DREDGING CONTRACT FOR WIGGINS PASS EMERGENCY MAINTENANCE DREDGING, NOT TO EXCEED $100,000 OBJECTIVE: To obtain approval of a budget amendment that transfers funding to Wig~ns Pass Emergency Maintenance Dredging and approval of a contract. CONSIDERATIONS: 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, under fixed term contract (#01-3271) for coastal engineering services, was issued a work order to prepare the design and obtain the appropriate permits based on the Board's approval of the engineering services $10,000 budget amendment on October 8, 2002. In order to expedite re-opening Wiggins Pass, it is requested that the Board waive the formal competitive threshold, according to F.S. 255.20(a)(1), and County Purchasing Policy V(A)(2, 3), and authorize staff to issue a purchase order directly related to emergency dredging. Unit price quotes from three firms will be sought based on an estimated volume of 6,000 cubic yards to be mechanically dredged. The Coastal Advisory Committee and the Tourist Development Council are aware of the critical timing of this action and will make formal recommendations at their next meetings. Later this winter, plans to hydraulically dredge Wiggins Pass will be brought forward. There will be a dredging contractor in the area for Gordon Pass' and there may be an opportunity to save on mobilization costs by making use of that contractor. FISCAL IMPACT: The emergency maintenance dredging of Wiggins Pass is estimated at $75,000. Allowing for differing conditions and quantities, a budget amendment of $100,000 is requested for construction. 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 1) approve a budget amendment in transferring $100,000 from the Wiggins Pass Dredging Fund Reserves to Wiggins Pass Emergency Maintenance Dredging, 2) waive formal competition requirements for the contract required for dredging, and 3) authorize the Public Utilities Administrator to issue a purchase order for dredging. AG£1~A I T£1'~ NO.. 10{9 N0V 0 5 PG. I , SUBMITTED BY: Ron.~Hovell, P.E., Coastal Projects Manager / '~" Date: , ~' -- ~v~D BY: Roy ~'. Anderson, P.E., Public Utilities Engineering Director Stephen Y. c~en, ~)~ ~ ~ .~) ~~ Date: APPRO~D BY: ~~; ~, ;~¢~itie~Ad~s~ator ~ la~es w. De~ony, r.c., r~ ...... N0._ NOV O 5 2002 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS..'. Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. -~ase No. Owner of Record Case Summary Lien ~ Amount a. Violation determined 08/13/02 b.Notice of Violation served n/a 2002080416 Baron, Mimon c.Notice of Violation Posted 08/13/02 $255.00 d.Unabated nuisance verified 08/24/02 e.Nuisance abated with public funds 08/28/02 f. Owner invoiced for costs 09/03/02 a. Violation determined 07/22/02 b.Notice of Violation served undeliverable 2002070731 EMC Holdings, Inc. c.Notice of Violation Posted 08/12/02 $255.00 d. Unabated nuisance verified 08/22/02 e.Nuisance abated with public funds 09/05/02 f. Owner invoiced for costs 09/05/02 a. Violation determined 08/12/02 b.Notice of Violation served n/a 2002080348 Golden Florida Resort, Inc. c.Notice of Violation Posted 08/12/02 $255.00 d. Unabated nuisance verified 08/22/02 e. Nuisance abated with public funds 09/05/02 f. Owner invoiced for costs 09/16/02 NOV 0 5 2002 Joyce, Wallace Landon, Joyce, a. Violation determined 07/11/02 Lawrence Hart, Joyce, b. Notice of Violation served 07/29/02 2002070405 Hubbard Joan, Barbara Joyce c.Notice of Violation Posted n/a $255.00 Larson, Patricia Joyce d. Unabated nuisance verified 08/06/02 Haroskewicz, Judith Joyce e.Nuisance abated with public funds 08/14/02 Corso, & Lauren Joyce f. Owner invoiced for costs 08/26/02 Bowers a. Violation determined 07/26/02 b.Notice of Violation served undeliverable 2002071028 La Rue, Claude E. c. Notice of Violation Posted 08/20/02 $255.00 d.Unabated nuisance verified 09/03/02 e. Nuisance abated with public funds 09/25/02 ~ f. Owner invoiced for costs 09/25/02 ~ a.Violation determined 07/23/02 b.Notice of Violation served undeliverable 2002070843 Naples Vertture Group, Inc. c.Notice of Violation Posted 08/14/02 $255.00 . d. Unabated nuisance verified 08/26/02 e.Nuisance abated with public funds 09/04/02 f. Owner invoiced for costs 09/11/02 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1.530.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $75.0{), which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: lli~na Martinez, Customer Service Spe0ialist Code Enforcement REVIEWED BY: DATE: ~,,.~ _'-~ Jar~t Powers, Operations Manager Code Enforcement DATE: NOV O 5 2002 SUBMITTED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~uKnity DevelopK' SchrMtt' Amed~[fi~tr~n°vironmental Services DATE: DATE: ~/~O~ NOV 0 5 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: BARON, MIMON 2375 TAMIAMI TR N STE 300 NAPLES, FL 34103 REF. INV.# 2177 FOLIO # 55200240000 LIEN NUMBER: ~ : 6 Lei' Country Club, MUIRFIELD, a_~o.r,.ding~to the LEGAL DESCRIPTION: Lot_ ,_. [ ..... .-- o..~,lic Records of comer Lounty, rlOt,u · ~-~reof as recorded i$ Plat Book la, rage t>, o,, You, as thc owner(s) of thc property above-described, as recorded in thc records ,~aintaincd by the office of the Property Appraiser, arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 6, and constituted a violation of count> regulations on August 24, 2002, and ordered the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUh, IULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTEI) OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to umcly abate such nuisance: whereupon, it was abated by expenditure of public funds at a dUect cos~ of FIFTY-FIVE ($55.00} I)OI.LARS; and administrative cost of Two-hundred ($200.00) dollars for a total of TV~'O-HUNDRED FIFTY-FI\'I:~ ($255.00) DOLLARS. Such cost. by Resolution of the Board of Count)' Commissioners of Collier Count>. Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESt'Lq' IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COt'~'NTY.. LIENS/MSTR LNAL ACd~NDA I'IT~,4 NOV 0 5 2002 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 37 38 30 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 RESOLUTION NO. 2002-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TI-IE COST OF THE ABATE1V[ENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 9147, 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 incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property agaJnsl which made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty (20) days of tile date oI the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on Ii:: date this Resolution is recorded at the rate of twelve percent (12%) per annum. Nt~\','. THEREFORE, BE IT RESOLVED BY THE BOARD OF COU.'NTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that lot(s) 6 of the property described as follows. }u~'. ' !~ ~: abated of a public nuisance after due and proper notice thereof to the ox~ ncr(s) of said proF,- . : ! :ieby assessed the following costs of such abatement, to wit: NAME: B\ },:~ }'-,. MIMON LEGAl. Dt ',('I~II'I'ION: Lot 6, Lei)' Country Club, MUIRFIELD, according to the plat thereof a, r{,,,:'d ~d m Plat Book 14, Page 75, ~}f the Public Records of Collier County. Florida. COST: 52:: REFERENCE#: 2177 FOLIO #: 55200240000 I::.. < levi; shall (by regular U.S. mail} mail a cop3 of this Resolution alone xx~tl~ Notice ol ..\.. · .:;: t,l Lien to the owner(s) of the above-described propen,,. If within t~entx days of ll~t. ,:~ . , i mailing that cop3', the owner fails to deliver payment in fu'll to Collier Coun(x. Resolution :,rqd Not,ce of Assessment shall be recorded in the official records of Colher Countx'. and by recordist:: .7!.:?! constitule a lien against the above-described real property, and to the ~'xtem allowed bx h~x. shall also be a lien upon all other real and/or personal property' owned by the noted property or. nc,,- ~ :n Collier County. ~Ihis Resolution passed and duly adopted by the Board of County Commissioners of Collier Countx. Honda, this __ day of 2002. ATTES T: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIF. R COUNTY, FLORIDA BY:__ BY: Deputy Clink Approved as to form and legal sufl)~ency: Thomas C. Palmer, Assistant County Attorney F: LIEN' MSTR RESOLt~ION James N. Coletta, Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN EMC HOLDINGS, INC. DATE: 800 LAUREL OAK DR STE 303 NAPLES, FL 34108 REF. 1NV.# 2179 FOLIO #: 68300002627 LIEN NUMBER: · t 17 and 31, of PORT OF THE ISLANDS, PHASE TWO, LEGAL DESCRIPTION-: Lo ........ o~A~. *1 naoes 1 through 4, of the Public ~Ccording to the map or plat thereof, recoraea ~n Flat Dooa t.. , r ~, Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised tha~ the Code Enforcemen~ Director, did determine a public nuisance existed on lot 31, and constituted a violation of county regulations on August 22, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nmsance: x~hereupon. ~t ~as abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00~ DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TV~'O-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property 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 COLLIER COUNTY. LIENS/MSTR LNAL AGENDA ITEM NOV 0 5 2002 ! 2 3 4 5 6 7 8 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 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 RESOLUTION NO. 2002- 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 incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid b~lance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 31 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the ownerls) of said propen:,, is herebx assessed the following costs of such abatement, to wit: NAME: EMC HOLDINGS, INC. LEGAL DESCRIPTION: Lot 17 and 31, of PORT OF THE ISLANDS. PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier Count), Florida. COST: $255.00 REFERENCE#: 2179 FOLIO #: 68300002627 The Clerk shall (b3 regular U.S. mail) mail a cop.,,' of this Resolution alon~ with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within ~'entv (201 days of the date of mailing that cop3. the owner fails to deliver payment in fu'll to Collier Couniv. the Resolution and Notice of Assessment shall be recorded in the offi'cial records of Collier Count~, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ~ day of 2002. ' ATFEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal suf~w_.i~c y: Thomas C. Palmer, Assistant County Attorney F: LIEN! MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman NOV 0 5 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOLDEN FLORIDA RESORT, INC. DATE: 5 FIRETHORNE LN VALLEY STREAM, NY 11581 REF. INV.# 2180 FOLIO #: 68300003286 LIEN NUMBER: ~" · 64 of PORT OF THE ISLANDS, PHASE TWO, according to LEGAL DESyqPTI0.N~I~.t~,~' in Plat Book 21, pages 1 through n, of the Public Records of ~e map or prat tlaereo:, r~-,, .... Collier County, Fi~orida' You, as the owner(s) of the property above-described, as recorded in thc records maintained by the office of the Property Appraiser, arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot(s) 64, and constituted a violation of county regulations on August 22, 2002, and ordered the abatement of a certain nuisance existing on thc above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You haxe failed to timel? abate such nuisance: whereupon, n ~as abated b> thc expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00t DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property 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 _COLLIER COUNTY. /~r. ND. A NOV F: LIENS! MffVR LNAL i 2 3 4 5 6 7 8 9 10 11 12 13 14 16 ~? 18 19 20 21 22 23 2a 26 27 25 29 30 31 33 34 35 3~ 3~ 39 42 43 45 46 47 48 49 5O 51 52 .53 5,1 55 56 57 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF TI-IE BOARD OF COUNTY COMMISSIONERS PROVDING 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 incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against x~hich made until paid; and WHEREAS, the assessment shall become due and payable no later than twent'~ ('20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid b~lance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\\. THEREFORE, BE IT RESOLVED BY THE BOARD OF COL%'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 64 of the property described as follows, hal i~'~ ',~:n abated of a public nuisance after due and proper notice thereof to the ownerls) of said propc~7~. ]< herebx assessed the following costs of such abatement, to wit: NAME: GOLI)I'\ FLORIDA RESORT, INC. LEGAL DESCRIPTION: Lot 64, of PORT OF THE ISLANDS. PHASE TWO, according the map or plat thereoL recorded in Plat Book 21, pages I through 4, of the Public Records CollierCoun~. li,,?ida. .COST: $255.tr REFERENCE#: 2180 FOLIO #: 68300003286 'I i,.. ( i:~'k shall (by regular U.S. mail) mail a copy of this Resolution along with th: Notice of As>:,.<mem of Lien to the owner(s) of the above-described proper~x. If within twenty days of the da~c ~'1 mailing that cop3,, the owner fails to deliver payment i:~ h/Il to Collier Count)'. Ih,: Resolution an,~ '(:,~:e of Assessment shall be recorded in the official records of Collier Coun(x. and by recording shall constitute a lien against the above-described real property, and to the allowed by l:m. shall also be a lien upon all other real and/or personal property oxvned by the noted property o,x ner(s } in Collier County. ' This Resolution passed and duly adopted by the Board of County Commissioners of Collier Coun(~. Florida. this __ day of 2002. ' ATTEST: DWIGHT E. BROCK. Clerk BY: Deputy Clerk Approved as to form and legal sufficiencx: Thomas C! Palmer. Assistant County Attorney F: LIEN/MS'IR RESOLtrFION BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman NOV 0 5 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Joyce, Wallace L., Lawrence H., Hubbard, Joan J., Larson, Barbara J., Haroskewicz, Patricia J., Corso, Judith J. & Joyce, Lauren 506 QUINNIPIAC AVE NORTH HAVEN~ CT 06473 REF. INV.# 2172 \ DATE: FOLIO # 74412240002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block D, South Tamiami Heights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Proper~y Appraiser, are hereby advised that the Code Enforcemenl Director, did determine a public nuisance existed on lot 6. and constituted a violation of count3 regulations on August 6, 2002, and ordered the abatement of a certain nuisance existing on the abo~e property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you The nuisance is: WEEDS: ACCUMULATION OF V(EEDS. GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; ~ahereupon. it was abated bx expenditure of public funds at a direct cost of FIFTY-FIVE ($55.0(I) DOLLARS and an administrative cost of Two-hundred ($200.00} dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property 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 COLLIER COUNTY. F: LIENS/MSTR LNAL NOV 0 5 2007 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 37 38 39 40 41 42 43 ,15 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- 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 incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against ,a rich made until paid; and WIIEREAS. the assessment shall become due and payable no later than twenty (20) days of the date ,,; tt-,~ Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the da!c this Resolution is recorded at the rate of twelve percent (12%) per annum. N(;V,. THEREFORE, BE IT RESOLVED BY THE BOARD OF COL%'TY COMMISSIONTRS OF COLLIER COUNTY, FLORIDA, that lot(s) 6 the property described as folloxvs, haxin:~ ' . ~,:'ed of a public nuisance after due and proper notice thereof to the owner(s) of said prope~t5 - .7.', assessed the following costs of such abatement, to w~t: NAME: Joycc. X\ a!~:t, t I,.. Lawrence H., Hubbard, Joan J., Larson. Barbara J., HaroM,¥x~ i~z, Patricia J., Corso, Judith J. & Joyce, Lauren M. LEGAL DES(~}.:[!~ ! !~' }X: Lot 6~ Block D, South Tamiami Heights, as recorded and platted in Plat book 3. I'~: ~ u blic Records of Collier County, Florida. COST: $255.1~ REFERENCE#: 2172 FOLIO #: 744122400112 ] I~. ~ i~i..,hall (by regular U.S. mail) mail a cop5' of this Resolution along with thc Notice of Asses~mc~at of Lien to the owner{s) of the above-described properly. If within twen days of the dine o? ~:;. i~n~ that copy, the owner fails to deliver payment in full to Collier County. the Resolution and N,,::.: ~:' Assessment shall be recorded in the official records of Collier Count3, and by recording sia::It constitute a lien against the above-described real propcrU. and to the extent allowed by lax~. <~::I :~!:o be a lien upon all other real and/or personal property owned by the noted property ownert. ~ln t c, llier County. Th~ Resolution passed and duly adopted by the Board of County Commissioners of Collier Count~. Fl,,nda. this __ day of 2002. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James N. Coletta, Chairman Approved as to lonn an0 legal sufficiency: I C.~Vx~'X Thomas~ . Palmer.. sistant County Attorney NOV 0 5 2002 F: LIEN/MgTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E DATE: 7012 CHADWELL RD SW HUNTSVILLE, AL 35802 REF. INV.# 2185 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION,: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, pb 3, Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 9, and constituted a violation of county regulations on September 03, 2002, and ordered the abatement of a certain nuisance existing on thc above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance: whereupon, il x3,:t>; abated expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and administrative cost of Two.hundred ($200.00) dollars for a total of TWO HUNDRED FIFT~- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property 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 COLLIER COUNTY. F: LIENS/MSTR LNAL AGENDA I.T-/~, NOV 0 5 2002 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 29 30 31 32 33 3a 35 35 39 40 .-il 42 43 44 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 RESOLUTION NO. 2002- 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 incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\\', THEREFORE. BE IT RESOLVED BY THE BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that lot(s) 9 of the property described as follow's, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E LEGAL DESCRIPIION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, pb 3, Pages 67 and 68. COST: $255.00 REFERENCE#: 2185 FOLIO #: 62092120004 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner{s) of the above-described property. If within twenty (2(t! days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Countx. thc Resolution and Notice of Assessment shall be recorded in the official records of Collier Coumy. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by laa, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution 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: Thomas C. Palmer, AsSistant County Attorney F: LIEN/MSTR RESOLUTION NOV 0 5 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN NAPLES VENTURE GROUP, INC. DATE: 171 COMMERCIAL BLVD NAPLES, FL 34104 REF. INV.# 2183 FOLIO #: 77261240001 LIEN NUMBER: · Lot 15 and the East 25 feet of Lot 16, Block 2, Trail Acres, Unit No. L_LEGAL DESCRII~TION-. . ...... ,~o n k 4 Pa~,e 62, of the Public Records of 2, according to the ~iat tnereot recoraea in flat a~OO , v Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records ~aintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 15, and constituted a violation of county regulations on August 26, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF \VEEDS, GRASS, OR OTHER OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance: ~vhereupon, NON-PROTECTED it was abated b5 thc expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and au administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FI\'I'~ ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY.. PAY THE AMOUNT SPECIFIED IN THIS NOTICE MtAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY_. F: LIENS/MS'rR LNAL NOV 0 5 2007 1 2 3 4 5 6 7 8 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 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2002- 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 costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date or' the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOV','. THEREFORE, BE IT RESOLXrED BY THE BOARD OF COUNq'Y COMMISSION*ERg OF COLLIER COUNTY, FLORIDA, that Jot(s) 15 of the property described as follows, havin~ b~-.: ~,buted of a public nuisance after due and proper notice thereof to the owner(s) of said propert>. ~, hereby assessed the following costs of such abatement, to wn: NAME: NAPLI~5; VENTURE GROUP, INC. LEGAL DESCRI PTION: Lot 15 and the East 25 feet of Lo! 16, Block 2, Trail Acres, [init No. 2, according h} Iht Plat thereof recorded in Plat Book 4, Page 62. of the Public Records of Collier Counl '.. I l.rida. COST: $255.{~ REFERENCE#: 2183 FOLIO #: 77261240001 Ii'. ', !,,:!, shall (by regular U.S. mail) mail a cop3 of this Resolution along ~ith Notice of Asse.~.m.-,- ,,: Lien to the owner(s) of the above-described proper~v. If ~ithm t~entv 121)) davs of the dat:~ ,,~ r~:~/ling that cop5,, the owner fails to deliver payment in fu'l] to Collier Counix. thc Resolution and X ,:;ce of Assessment shall be recorded in the offi'cial records of Collier Countx'. and by recording slia:] constitute a lien against the above-described real proper~x, and to thc extent allowed by lax~. shadi also be a lien upon all other real and/or personal properD~owned by the noted property owneris~ in Collier Count>:. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count.,,'. Florida. this __ day of .2002. ' ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiencx: Thomas C. ~P-almer. Assistant County Attorney F: U'EN/MSTR RF--3OLIJTION BOARD OF COUNTY COMMIS S IONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman NOV 0 5 2002 E~C~IVESUMMARY PETITION CARNY-2002-AR-3209, REVEREND JOSEPH SPINELLI, OSA, ST. ELIZABETH SETOIN CHURCH, REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 6, 7, 8, 9 AND 10, 20002, ON CHURCH PROPERTY LOCATED AT 2760 52sD TERRACE SW, GOLDEN GATE CITY; OBJECt: Reverend loseph Spinel[i, osa, of St. Elizabeth Seton Church, is requesting that the Board of County Commissioners approve a permit to cunduet a carnival from November 6, 7, 8, 9 and 10, 2002, on the St. Elizabeth Seton Church property. located at 2760 52~ Terrace SW in Golden Gate City. CONSIDERATIONS: Reverend Joseph Spinelli, osa, of St. Elizabeth Seton Church, has made application to the Board of County Commissioners for a permit to conduct their annual carmval and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit. FISCAL IMPACT: The $275.00 permit application fee does cm'~.-, the cost of processing and required inspections. The applicant has the required Surety Bond for the clean up costs os ~h: property. The event has been an annual event for some years and they have no history of not restoring the grounds v~ fi,,:'~? normal condition. The County holds no liability for this event. GROWTH MANAGEMENT IMPAC~: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners :,ennit to conduct the annual St. Elizabeth Seton Church carnival. PREPARED BY / SUSA /MUm Y, A CP 7 CURIi[ENT PLANNING MANAGER MARGAR~WUERSTLE, AICP p zRWCZS I,I CTOX ~STRATOR DEV. ~ ENVIRONMENTAL SVCS. I0./5 'o bAT , DATE 0 5 2002 - COLLIER COUNTY GOVERNMENT ',~,: COMMUNITY D.EVEL~Op~.E_.~_T_.A~I~_E.NV!_RgN-..M.-~.~T~.AJg.- SE..~RVJ~S~ Reverend Joseph Spinelli, osa St. Elizabeth Seton Church 2760 52"d Terrace SW Naples, Florida 34116 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 RE: Petition No. CARNY-02-AR-3209 St. Elizabeth Seton Church Dear Reverend Spinelli: Please be advised that the above-referenced petition has been scheduled for the November 5, 2002, meeting of the Board of County Commissioners (BCC). The BCC meeting begins at 9:00 A.M. The meeting will be held in the Board of County Commissioners Meeting Room, 3rd Flgor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. This petition application development plans and/or master plan if applicable, and other pertinent information related to this petition is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact the assigned planner noted beloxv at 403-2400 to set up an appointment if you wish to review the file. Sincerely, Cecilia Martin Planning Technician Phone (941) 403-2400 Fax (941) 643-6968 W Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 363541 IDate 10/9/2002 2:00:56 PM Post Date 10/9/2002 IPayment Slip Nbr MS 1O4485 ST. ELIZABETH SETON CHURCH ST. ELIZABETH SETON CARNIVAL New or Exist: N Payor' SAINT ELIZABETH Fee Information Fee Code I Description I GL Account ! Amount Waived 11ClRC t FAIR & CIRCUS PERMITS I 11313890034122000000 t $275.00 1 Total $275.00; Payments IPayment Code Account/Check Number Amount CHECK 2155 I $275.00 Memo: Carnival Fee CK #2155 Total Cash 1 $0.00: Total Non-Cash ! $275.001 Total Paid I~ $275.00'; Cashier/location: MCCAULEYKATY / 1 User: MARTIN_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT St. Elizabeth Seton Church 2760 52nd Terrace SW Naples, FL 34116 239-455-3900 FAX 239-455-6895 October 4, 2002 Commissioners of Colli.er .County Board of county Comrmssmners PO Box 413020 Naples, FL 34101 Dear Commissioners: St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate. The Parish Festival will take place on November 6, 7, 8,9 and 10, 2002. The hours will be 6:00 to 10:00 p.m. weekdays and 2:00 to 12:00 p.m. on Saturday and 12:00 to 9:00 p.m. on Sunday. The Golden Gate Fire Department, Collier County's Ambulance service, and the Sheriff' s Department have all been informed as to the time and place of the Festival. Waste Management of Collier County has been contacted and will be responsible for removing the trash from the grounds, and if this fails, the Church assumes the responsibility of removing the trash. There will be portable toilets in several locations. There will be parking facilities in the lot adjacent to the church, at Winn Dixie Plaza, at K-Mart Plaza and also the Bank America parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. Rev. Joseph Spinelli,osa Pastor AGE.~NDA ITEM NOV 0 5 2002 NOTE: PETITION NO. Please read reverse side before completiD~ thin Copy: Zoning Director Copy: Petitioner Copy: (4) County Manager Original Form: 11/4/75 DATE: PETITIONER,S NAME: Et. Elizabeth 5et~n Catholic Church PETITIONER,S ADDRESS: 2760 52nd lerrace 5W Golden Gate___, Ft 3a116 TELEPHONE: a55-3900 PROPERTY OWNER,S NA/~E: St. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDP. ESS:~errace 5W Gol0en Gate Ft 34116 TELEPHONE: a55-3900 LEGAL DESCRIPTION OFtlSuBJECT PROPERTY: Church & School FAX FAX a55-68! 455-6895 GENERAL LOCATION: 5325 28th Ave. SW , CUP. RENT ZONING: Church CUR/{ENT USE: Church property NATURE OF PETITION: Festival November (FOR THE FOLLOWING INFORM3%TION IS INCLUDED IN THIS PETITION. EXPLA/gATION, SEE REVERSE SIDE. ) 3.a. 3.e.1)_ 3.e.4) 3.e.7)_ 3.b._ 3.e.2).. _ 3.e.5)_ 3.e.8). 3.c. 3.e.3)_ 3.e.6)_ 3.e.9)_ 3. d. Conunents: DATE REVIEWED by Board of _A_p~_r. gye. d.; Conditions of Approval: County Commissioners: Disapproved: SIGNATURE OF COUNTY MANAGER Pg. ~.~~ Excerpt. from ordinance No. 75-11 Filed Secretary of state 3/6/75 . A minimum of twenty (20) days 3. 'cat'on and Fee for Pe it site, an applicatio~ for a efore occupying the carnival or exhibition permit shall be submitted to the county-Manager in four (4) copies accompanied by: u. A ~uruty bond in thc penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow- b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A c~rent occupational license issued by the Collier county Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial of any sponsoring organization(s), interest; name(s) and adUress(es) the applicant representing the and ~he name and local address of carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, ~erry-go-round and other ride activities; food and drink dispensing fac~' ~%ics; booths for conduct of games of skill or chance not prohibited ;>' state law to be open to the public for an admission or participaticn fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable fcr the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sani%ary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by ordinance 74-45. 6) The plan for refuse, garbaqe, debris, and sewaqe disposal during and a:te= operation o~ the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property au%horizing the use of his premises for such carnival activity- _ 10) Legal description of property to be utilized. CARNIVAL pETITION APPLICATION AGi~.ND~ ITEId NOV 0 5 2002 ~LVJD_U.~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: st. Elizabeth Seton F'estival Name of booth: Person in charge of booth: Wesley Bates Types of Rod or beverage to be sewed: ..soda, coffee~ hot chocolate hamburqers, hot doqs, Italian sausaqe, cake & cookies fish & chips, oriental, 8ar-B-Que, Onion, Pizza~ Steak ice cream, elephant ears ' Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location ofadvanced food preparation: approved food booths and health inspected om arounds kitchen How will food be transported to event location? n/~ Method of keeping food ho: and/or cold at event site: each booth contains refrigerator & stove Method of cooking food at the location: stove at each bocth Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: each booth is screened in metal How will Adequate facilities and supplies shall be provided for e,-nployee handwashing. How will you provide this? each booth has a sink NOV 0 5 2002 Failure to comply with applicable food service requirements in accordance with Chapter Co4E-11, Florida Administrative Code, may result in enforcement action. Do you understand this completely? Yes. ./' No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Date: AGEI~DA NOV 0 5 2002 ~ BOOTH NOTIFIC&TION FOX~M FOR TBHPO~J~y Name of event: _St. Elizabeth Seton Festival Name of booth: Taffy Wagon Person in charge of booth: John Tolve Types of food or beverage ~o be served: , soda~ Oopcorn, cotton canoy, taffy coated aooles Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L~Ycation of advanced food preparation: ~/~ How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: Method of cooking food at the location: stove Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: enclosed wagon Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? sink AC-~hN:)A ~'FENI NOV 0 § 2002 ~ailure ~o comply'wi'ch appl£ca~le ~ood se=vice rec~lrements in accordance with Chapter ~0D 13~ ~lorida ~dminist~&~£ve '~de~ may ~e~ult in enforcement act£on. Do yo~ understand .his completely? Yes =J._ No I ce~c£f¥ that to the best of my knowledge and belief all of ~he statements contained herein and on any attachments are ~ders~and ~a~ ~?~e re~fi~i~-o~ whether there is a se~ice ~o ~he p~lxc ar e for ~he food; I agree ~o ass~e responsibili=y for ch_ g .... . ....., .-~ v ce~ifv ~ha~ said business will be conducted in compliance wL=n ufl~ ~--- ........... a C~e, Chap=er 10D-13. Date: . AGENDA NOV 0 5 2002 .,. 10 ~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event St. Elizabeth 5eton Festival Address of event Date(s) of event 2760 52nd Terrace SW, Naples, FL 34116 .Nov 6---7-8- ~-1 0 Sponsor of event 5 t. weekend 12 noon to lb · Hours of operation., to 10 p.m. Elizabeth Seton Parish Wesley Bates Person in Charge of food service Phone 353-3~1~ ~ Number of food and beverage booths 14 Estimated nu 'ber of attenders expected at the event at one time? .5000 Number of toilets to be provided: Portable: Male (12) Permanent: Male ( ) Method of toilet waste disposal: I~aste Female ( 12 ) Female ( ) Nanagement/$anitary Dept Describe method ofliquid kitchen waste disposal: City water and sewer with qrease trao Describe containers and method ofsolid waste disposal(garbage): Garbaqe cans with plastic liners Number of solid waste disposal containers provided: Describe facilities and method of handwashing: runnin9 water with sink 3-20 yd dumpsters Describe ~cilities and method ofutensilwashing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water AGENDA ITEI~~ I NOV 0 5 2002 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' f may subject the booths to be closed for public health reason. Do you understand this completely? Yes v/' No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibili,.ty for this event and certify that said business will be conducted in compliance w~th the Florida Administrative Code, Chapter 64E-11. ? A~A I'['EI' - · NOV 13 5 2002 U~ I --11d--2~002 1 I .'~5 PI~ 78554922~$4T5566 2~9 455 6895 P 0 O,,t~ 10 ~002 II~SERM Rllled ~pe,.,i.l~M In~u~sno 727-~1~?-14fl? P'~ P.O. Box i?008 800/237'33SS ~, ~~~, - OhO nOG I'. ":"'-~-'~'~ ' " ,~--~ .... .q ,i 10,000~000 ...... Diocese o~ Venice in FL immqmm~ NOV 0 5 2002 ~ OF GOU.IER COUNTY WAII~ ~ iXCl4AI~E &YE. WMColtler~m,o°m sERVICE AGREEMENT ,o. ~,?.)~,~us w~r~ ACCOUNT .o. 9~00-2369455 , cO~'r ,LING crT',', z,.J~aoles FL - lAMA. IL i~AX ~ N W D wk ! (iOAL Nk"; NI 0 pAX m 7O4.0O ,uo.oo O.O0 0.00 ,~ ~ · merit Ciean units 111 11/7 1118 11/9 11110, THE A~HOm~ COLLIER COUNTY OCCUPATIONAL LICENSE TAX LICENSE NUMBER: COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE . NAPLES FLORIDA 34104 - (239) 403-2477 LOCATION: ST ELIZABETH ANN SETON ZONED: BUSINESS PHONE: NON-PROFIT ORGANIZATION '" NOT TRANSFERABLE ** 83 VISIT OUR WEBSITE AT: www. colliertax.com THIS LICENSE EXPIRES SEPTEMBER 30, 2003 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTIOI FAILURE TO DO SO IS CONTRARy TO LOCAL LAWS. LEGAL FORM ~,,...~~' , \ /..,. ELIZABETH SETON FESTIVAL ~ 2760 52ND TERR SW , / NAPLES FL 34 116 - 7642 DATE 08/05/20 AMOUNT RECEIPT 350. NUMBER OF EMPLOYEES: TRAVELING SHOW CARNIVAL~; CLASSIFICATION: CIRCUS, CARNIVAL. SIDE SHOW' CLASSIFICATION CODE: 01800001 · . ",' .Th. ,~S document ,s an occupational license tax on Thi * * ~ · . . ~.~. ,, ooe, not permit the licensee to violate an,, exi~',-- ~ ,n_o.t certificat~o., · o,,-~1 ~-~,ju~mory zoning law~'o nor does it exempt the licensee fi.om ............. - ~ st~.~e[c.o~:m~ or cities ,=,,~ u~.~ ~nse or permits that may be requir~:l by law. NOV 0 5 2002 P o ~ox ~668 CONTINUATION CERTIFICATE WZNTE~ P~K, ~ 32793-~66e ~ I I I /1 ;/~002 I 11/15/2003 2760 52~ TE~CE S.W. NAPLES, FL 33999 BD CO~. COLLIER CTY 3301 E. T~I~I TR NAPLES, FL 33962 ~~Jl-~L,, vw ~ mn.TH IN ~ BOND AND ~HER THE LOSSES OR ~ OR ~THIN ANY ~TEN31UN u .......... ALL OTHER TE~S ~D CONDITIONS R~N UNCAGE · ~ SIGNED ~O DAdO ~IS ~O~TEENTH DAYOF AUGUST, 2002 ~:~ ~::~ 801 ANCHOR RODE DRIVE, OLD REPUBLIC SURETY COMPANY SUITE 3 0 0 ~ SUR£TY NOV (~ ~ 2002 Collier County Sheriff's Office 3301 Tamiami Trail East Building 'j' Naples, FL 34112 Telephone (AC 941) 774-4434 September 10, 2002 Rev, Joseph Spinelli St. Elizabeth Seton Church 2760 52n~ Terrace SW Naples, Florid~ 34116 Dear Rev Spinelli, We have received and reviewed your request for security for the St. Elizabeth Seton Festival, running from November 6m through November 10m, 2002. The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided. Questions or concems should be directed to me or Sergeant James Wolfgram, as representatives of Sheriff Don Hunter. SS:ajs Cc: file Sgt. Wolfgmm Sincerely, Scott Stamets, Lieutenant Patrol Division Golden Gate Substation NOV 0 5 2002 ,,,. J"7 _ GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 August l6,2002 Rev. Joseph A. Spinelli St. Elizabeth Seton Church 2760 52'~ Terrace S.W. Naples, FL 34116 Dear Rev. Spin,Iii:. This letter is to acknowledge receipt of your correspondence pertaining to the St. Elizabeth Seton Catholic Church An,qual Festival to be held on Nov. 6, 7, 8, 9, and 10, 2002. This department does not object to your having the Festival, however, we must insist that all fu'e codes and safety codes b~.~ strictly adhered to. In addition, it will be necessary for all festival facilities to be inspect~'d by a fire department inspector after they are set up and prior to their being opened to the public. Thank you for your cooperati(. Sincerely, Donald R. Peterson Fire Chief DRP/th NOV 0 5 2002 ,IL ~ZO~ FESTIVAL BUILDING Permit No._ -- PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Reverend losaph Spinelli, Pastor, St. Elizabeth Scion Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Reverend Joseph Spinelli, p~or, St. Elizabeth Scion Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article IL Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS pERaM1T IS HEREBY GRANTED TO Reverend Joseph Spinelli, Pastor, St. Elizabeth Scion Church, to conduct a carnival h'om November 6, 2002 through November 10, 2002 in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A') WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this. _ day of ., 2002. BOARD OF COUNTY COMMISSIONvERS: ATTEST: COLLIER COUNTY, FLORIDA: DWIGHT E. BROCK, CLERK JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: ~lmjori~ M. Student Assistant County Attorney CARN y-O2-AR-3209/SM/lo NOV 0 5 2002 Block 204 and 205, &Ccoz-dlng to - GOlden Gate County' ~. ~z o~ the ---, as ~COgded ~ Atso lot 5, 81ock 201, GOlden Gate Un/t 6, according tO. plak book 5, ' CoJJJer County, ~j~n~. PubJ/c records or NOV 0 5 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 002 styled Board of County Commissioners Collier County, Florida vs. William Seward regarding violation to Ordinance No. 91-102, Section 3.9.3 and 2.7.6(5) as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 20~2-002 styled Board of County Commissioners Collier County, Florida vs. Wdla~m~!Sewar · CONSIDERATION:. On March 25, 2002 a public hearing was heard before the Code Enforcement Board regarding violations to Ordiances No. 91-102, Section 3.9.3 and 2.7.6(5) as amended, of the Collier County Land Development Code. An Order Imposing Costs/Li¢~ i~-: thc amount of Six Hundred Thirty Three Dollars and Fifty Cents ($633.50) for the prosecution, fines and operational costs incurred in this casa was recorded in Official Record ~3ook 3052 pages 1953, et.al., Collier County Florida and subsequently in Official P,.¢¢ords Book 3077 pages 1298 et. al., Collier County Florida. An Affidavit of Compliance ha~ ~e~n filed bearing the date of April 26, 2002 indicating compliance with the Order of thc Board. On October 8, 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. NOV 0 5 2002 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: Shanelle Hilton REVIEWED BY: ~/'~----'"~ .-t~-~ -'~" Date: Janet Powers, Operations Manager SUBMITI'ED BY: ~~:~~ Date: Michelle Arnold, Codfl,,Enforcement Director APPROVED /t~eP~ Schmitt, Administrator / NOV 0 5 2002 n. 2 ;Fhis 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 Six Hundred Thirty Three and Fifty Cents ($633.50)· arising out of the Code Enforcement Board Order Imposing Fine/Lien dated June 10, 2002· recorded in O.R. Book 3052, Pages 1953, 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 William Seward has been satisfied in full. Tract No. 3, Golden Gate Estates, Unit No. 71, a subdivision according to the plat thereof, as recorded in Plat Book 5, Page 7, in the Public Records of Collier County, Florida Folio No. 40350200002 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 William Seward, and consents to this lien being discharged of record. Dated this da3.' of ,2002. ATrEST: 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: Assistant County Attorney 2002 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 363_~_~6 IDate 10/8/2002 2:07:49 PM tPost Date 10/8/2002 tPayment Slip Nbr MS 104418 SEAWARD, WILLIAM Payor · MARC OATES Fee Information Fee Code I 06CEBF Description 1 GL Account Amount Waived I CODE ENFORCEMENT BOARD FINES 11113891135440000000 $633.50 Total $633.50 Payments Payment Code ~ Account/Check Number Amount ' I CHECK ~3168 $633.50 Memo: Total Cash $0.00 Total Non-Cash $633.50' Total Paid r $633.50: Cashier/location: MCCAULEYKATY / 1 User: H ILTONSHANELLE Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/ AGENDA ITE~ -- NOV O 5. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioners, VS. 2996039 OR: 3052 PG: 1953 06/10/2002 at 10:28AM DWIGHT B, BROCK, CLBRK RBC ~BB 33.00 COPI~$ CODE ENT:ORCEMENTBOAPd) COLLIER COUNTY, FLO~{PA CLBRK ?0 ?HR INTBROY~ICB 47H FLOOR CASE NO. CEB 2002-002 SEWARD, WILLIAM BRYAN, Respondent ORDER IMPOSING COSTS/LIEN THIS CAUSE came on for public hearing before the Board on May 23, 2002, after due notice to Respondent. The Respondent was not present at the hearing. At the public hearing on March 28, 2002, 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 April 2, 2002 and furnished to Respondent. (atta.ched as Exhibit "A") - Said Order required Respondent to take certain corrective action to correct the violations by a time certain as more specifically set forth in this Order. An Affidavit of Compliance, bear:ng the date of April 2.6, 2002, has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order entered on April 2, 2002, it is hereby NOV 0 5 2002 ORDERED, that the Respondent pay to Collier County the amount of six hundred thirt · three dollars and fifty cents ($633.50) for the operational costs incurred in the prosecution of this case. This Order may be recorded ~nd shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against any real property owned by Respondent. OR ER DiTHts day or_ County, Florida. STATE OF FLORIDA ) SS' COUNTY OF COLLIER) ,2002, in Collier CODE ENFORCE,k~IENT BOARD COLLIER COUNTY, FLORIDA BY:. .~,___~_.. Peter L~hmann, Chairman 2800 North Horseshoe Drive Naples, Florida 34104 _ ,~The foregoing instrument was acknowledeed before me this,_~ay of - -'~&~-'~ ,2002, by Peter Lehmann, C~airman of the Code Enforc~me t Coilier CoWry, Florida, wh, o is personally known to me or ~ Board of produced a Florida Drivers Licens---~s ide'--~tificatioa, who has P. C. LEWIN NOT AR Y~'PI. SB~L I C My commission ~xpires: AC-~N~A ITEM ---... NOV 0 5 2002 OR: 3052 PG: 1955 CERTIFICATE OF SERVICE ! HEREBY CERTIFY that a true and correct copy of this Order Imposing Costs/Lien has been furnished by U.S. Mail to William Lryan Seward, 2220 Oaks Blvd., Naples, Florida 34119 this ~'~ o 'day of ,/7 ~L~, _ 2002. M. Jean.,l~wson, Esq. Florida Bar No. 750311 400 Fifth Avenue S., Ste. 300 Naples, Flodda 34102 (941 ) 263-8206 AGENDA ITE.~ ---~ NOV 0 5 2002 ./ OR: 3052 PG: 1956 ('ODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COL:NT'~' CO~\I~ItSSIONERS. COLLIER ('OL;NT'C FLORIDA. Petitioner. CEB NO. 2002-002 SE\VARD. \\:ILI_IA.kl BRYAN KUYPERS. i-lO\V.-\ RD. Rgsl)OlldCll[S FINDINGS OF FACT. OF LAXV .aND C~RI')ER OF THE BOARD THIS CAUSE came on £or public I'~ea,'ing t',elbre the Board on l'vl;~rcl'~ 28. :0CC. and the Board. l'm'~ Jng heard lestirnon,, under oalh. re,.'ei,, cci e', idcr~co, and heard ar.gun',chi> :cspcctix c Io all appropriale mailers, thereul)On issues its Findings of Fact. Conclusions of La,,.. and Orde~ ot the Board. as lbl!ox~s; FINDINGS OF FACT 1. That \Villiam Bryan Seward is tt'~e o',vner of record or'file subject propen.,,. 2. That 'the Code Enforcement Board has.jurisdiction office person oflhe Respondents and that the Respondents, having been duh' notified; appeared at ~l'~e public hearing. 3. posting. ,4. That the real property located at 77000 Florida. more particularly describe, Folio No. 0000040350200002, Tract No. 3. Golden Gate Estates, Unit No. 71. A Subdivi: That the Respondents were nc ified of the date of hearing by certified mail and by - AGENDA ITE on NOV O 5 20b,. Pg.~ OR: 3052 PG: 1957 according to the Plat-f hereof, as recorded in Plat Book 5. Page 7. Public Records of('ollier Cotmt>. Florida. recorded in thc Public Records of Collier County. Florida. is in violmio~ of Scction~ 39 3 an,I 2.7.6 (5) of Ordinance No. 91-102. the Collier CounU Land Dcxettq)mncnt Code. as amended, in the {bllowing lDarticul',u's: Approximmely 1% acres of protected x,egemlion, specifically palmeuo, on an undeveloped lot. removed xvithou~ 15rs~ obtaining a building penni[. 5. That William Bl'yal] 5Cxx :u'd illld ]-towarcl Kuypcrs are in violation ef Sections 3.93 and ~ - . - - - _./.0 (5)of Ordinance No O1 102 thc Collie:' County Land Ucx'clopmcn~ C'odc. as amended. THE BOARD Based upo~ thc £o~egoi~n5 F~:~!i[~u> c;l'Fact and Conclusions of Laxx. and ptu'st~ant to tiao aulho~-it'.,' granted in Chapter 162. Fi.~.[ici:: E,:,',t~tes. and Collie~' CounU Ordinnnce Nu 92-8(I. it is hereby ORDERED That the x iolations of Sec~io:~5 3 9.5 :~nd 2.7.6 (5) of Ordinance No 91-102. tile County Land Development Code. as amended, be corrected in the following manner: bx obtaining a'permit or replacing the vegetation wiflm] 30 days (April 28. 2002). I. The Respondents correct fi~e violation of Sections 3.9.3 and 2.7.6 (5~ nfOrdinance No. 91-102, the Collier County Land De~elopmen! .Code, as amended, by obtaining a permit or replacing ~he vegetation within 30 days (April 28. 2002). 2. That ifthe Respondents do not comply with paragraph I office Order of the Board within 30 days (April 28, 2002), then there will be a fine of $50 per dax. for each da,,' that the violation continues past that date. NOV 0 5 2002 xj *** OR: 3052 PG: 1959 ** CERTIFICATE OF SERVICE I HEREBY CERTIFY ll'~at a Iruc and correct copy ol"fifis ORDER has been s,,ent bv U. S. Mail to William Bn-'an Seward. 2220 Oaks Blvd.. Naples. Florida 34119 end F]o~x ard KUyl)ers. 660 25the N.Xx...'Naples. Florida 34120 tiffs ~ ' /; . ., ~ day of ~?~_~ .2002. / ~1. Jean ~-son. Esq.- Florida Bar No. 750311 Allornev Ibr the Code [nlbrccmcnt 400 Fifth AX'Chat S.. Stc. 300 Naples. Florida 34102 (941) 263-8206 Slate of FLORIDA County. c.; COLLIER ;,~.1'~= :qv.~., ..,..,... C~ RTIFY THAT Ibis is a ~ ~:~ ccr,"S.c,..':.cp',' of a.d~cument re~zorded ia the OFFiCiAL REC. ORD,e, bf Ca WlTt.!£S~ m¥...ha!,0 ~nd .'.,fii¢ial se by: ~',,c t '/~'L~,..~ NOV 0 5 2002 Prepped by and remm to: Jodle Ularich Croft Coast Title Cra)up. Inc. 1926 Trade Cenler Way, Suite 4 Naples, FL 34109 *** 2792036 OR: 2821 PG: 1331 *** IH~I.OO G~U t~$! TI?IJ G~OCF 1~2t Tii~l i311'i; iii 11 Warranty Deed ....... ,..:..ma, ,4,, ,f Am'il 2001 betwee~ Victor G. Bcrgman and Hclcn D. This Indeamn~ ~aam: uu~....~,,-, --,.--_~_-_,-.~ ~..m...,, ,,aar,,~,~ is 325 N. Walnut Street. Cclina. ........ .._~ office address -- Blvd..Naples, FL :MI 19. "ll'mllo~ md 'l~mtee' a~ meal fro' Slln[~/~ os' pluril, as {ontea! requires Wtmess~m4: Tlua said ~rantor, fro' and i~ ~nnd~atien of the sum of T~ ^~ No/100 DOtL,R$ ($10.00) nnd oOer valuable comideratio~ 'a~ said ~antor in hnnd paid by said gramc¢. the receipt ,Mm'eof is he~'by, admowted~cL has gnmt:d. I:mn~ned and sold, to the said 8ramee. and ~rantee'~ heirs an~ assi~n~ forever, ~ foilowin~ :;k, Kribed lind, situale, lying nnd being in Collie~ County, Florida. wit: TRier NO. :}. Oot.o~ OATE F.$1'Kri:~, U~rr No. 71. ,~ SuBomslo~ A¢COP, O~NG TO THE PLAT TI4ERf. Of. AS RECORDED ;N PL^T ]loox 5. PAGE 7. })UBLIC R~ECORDS OF COLLIER COLeaff'Y. FLORID^, SUBJECT TO I~..~FRI~. RF. SERVA'~ION!I &NI) LI,~ITATIO~ OF RECORD. IF ^N~, AND TAX~S fOR TIlE YEAR 2001 A~,'O m 9!~:OUE~T Y 'I~ARS, and raid gr~1ot doe~ hereb~ fully warrant the .tlr lo s~ud land, and wql defend thc samc againsl the lawful clmm~ of ~dl persom whern~evcr. IN WITNESS V~/IIER£O~. g~drtlo! ha~ I, lc~qto ~ :~'lnt,ny'.~ hand and r~al thc ~L~y and yenr fir.~ above written. VICTOR G. BERGMAN .,":i ..... ,, ,.. ., ' ,, (Seat} liELEN D. BERGMAN STATE OF- COUNTY OF .~ B .... ~' -'-v of ~]Z,', / ~001 perscnallv appeared Victor O. Bergman and eloremcmls -.~ u~. /d/~, '_ .~ · . He,. D. Berlpna~'--~ho ac. kneehle a fo~goin~i.n-~trum~'i~dnt;~:al~n P~s°nnllY kn°~ to me or have produced ~ Notary My Commission Expires: (SEAL) 23. 2005 NOV 0 5 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 017 styled Board of County Commissioners Collier County, Florida vs. Andres and Olga Hernandez regarding violation to Ordinance No. 91-102, Section 3.9.3 as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No.~2001-017 styled Board of County Commissioners Collier County, Florida vs. Andres and Olga Hernandez. CONSIDERATION..'. On March 19, 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 One Thousand Four Hundred Thirty Three Dollars and Seventy Eight Cents ($1,433.78) for the prosecution, fines and operational costs incurred in this case was recorded in Official Record Book 2868 pages 1015, et.al., Collier County Florida and subsequently in Official Records Book 2868 pages 1050 et.al., Collier County Florida. An Affidavit of Compliance has been filed bearing the date of June 14, 2002 indicating compliance with the Order of the Board. On October 8, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this 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. NOV 0 5 2002 GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This request will have no impact on the 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: Shanelle Hilton Jan~ Powers, Operations Manager Date: lq $/o ~ NOV 0 5 2002 This instrument prepared by: lanet 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 One Thousand Four Hundred Thirty Three Dollars and Seventy Eight Cents ($1,433.78), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated July 26, 2002, recorded in O.R. Book 2868, Pages 1015, 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 Andres and Olga Hemandez has been satisfied in full. The South 180 Feet of Tract No. 3, Golden Gate Estates, Unit No. 24, according to the plat thereof, as recorded in Plat Book 7, Page 11, in the Public Records of Collier County, Florida Folio No. 37800160003 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 Andres and Olga Hemandez, 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 Ellen T. Chadwell Assistant County Attorney NOV 0 5 2OO2 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number IDate t Post Date i Payment Slip Nbr 363225 10/8/2002 2:07:23 PM 10/8/2002 , MS 104417 !, HERNANDEZ, ANDRES Payor' HERNANDEZ Fee Information I GL Account Amount I Waived Fee Code Description 06CEBF CODE ENFORCEMENT BOARD FINES 11113891135440000000 $1433.78 Total $1433.78 Payments ! Payment Code IAccount/Check Number Amount !CHECK 11027 $1433.78 Total Cash Total Non-Cash Total Paid $0.00 $1433.78 $1433.78 Memo: Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: MCCAULEYKATY / 1 User: HILTONSHANELLE NOV 0 5 2002 Printed: 10/8/2002 2:07:44 PM CODE ENFORCEMENT BOARD COLLIER cOUNTY, FLORID~tn: CLBRI TO Tll! BOAitD BOARD OF cOUNTY COMMISSIONERS SIT 1110 COLLIER cOUNTY, FLORIDA, IICOiDID in OlllCIAL IICOIDS o[ COLLIII COUITY, IL 0~/$1/2001 at O3:0~K DKIG8! I. BIOCi, CLIll tSC ZSS 28.50 COPIB$ &.O0 ,I$C 1.00 Petitioners, CASE NO. CEB 2001-017 VS. HERNANDEZ, ANDRES & OLGA, Respondents ORDER IMPOSING FINE/LIEN_ THIS CAUSE came on for public hearing before the Board on Juls' 26, 2001, after due notice to Respondents. The Respondents were not present at the hearing. At the public hearing on evidence, and issued its Findi~,:~ Order which was reduced to v,: larch 19, 2001, the Board heard testimony under oath, received ': Fact and Conclusions of Law and thereupon issued its oral ,,~:,: on March 22, 2001 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 spectfica:l> set forth in this Order. An Affidavit of Non-Compliance, bearing the date of July 17, 2001, has been 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. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order entered on March 22, 2001, it is hereby OR: 2868 PG: 1016 ORDERED, that the Respondent pay to Collier County a fine in the amount of one hundred dollars ($ ! 00.00) for non-compliance with the Board's Order of March 22, 2001, for the period of July 1,2001 through July 3, 2001 at the rate of $50 per day, plus five hundred and eighty three dollars and seventy-eight cents ($583.78) for the operational costs incurred in the prosecution of this case. IT IS FURTHER ORDERED THAT a fine of $50 per day continue to accrue until Respondent comes into compi.iance with the Order or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Seclion 162.09, Florida Statutes. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against an)' real or personal property owned by Respondent. DONE AND ORDERED THIS ,.,2.. 7 day of July, 2001, in Collier Count),, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) SS' COUNTY OF COLLIER) BY: ~-~ Peter L}hman, Vice-Chairman 2800 North Horseshoe Dmc Naples, Florida 34104 I, he fore_going instrument was acknowledged before me this 2 ~ day of d-J~-.~, 2001, by Peter Lehman, Vice-Chairman 6f the ~2ode Enfo Colli_/6~ . ~' ...... m!.~ement Board of ~r~ounty, rlorma, WhO is personally known to me or_ ~ who has produced a Florida Drivers' License as identification.. ,,,.~,g,/:, Christina b. Urbaaovmki '~% Conunission # CC 889982 ~ ~ ~': E,pir~, Nov. 22.2~3 ~,~" AO~ntie ~nding Co., Ina NOTARY PUBLIC My commission expires: NOV 0 5 2OO2 OR: 2868 PG: 1017 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 Andre, s and Olga Hemandez, 7794 W. 34'h Ladle, #1020, Hialeah, FL 33018 this ~'W-"day °f-~--~2001' Jean '", Florida Bar No. 75031 i ~ 400 Fifth Avenue S., Ste. 300 Naples, Florida 34 ! 02 (94 i ) 263-8206 O NOV 0 5 2002 CODE ENFORCEMENT BOARD ' COLLIER COUNTY, FLORI~ EX? 7210 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, .., 05/I&/2001 at II:UA# D¥I~T i. BlOCl, CLEII REC Fl! 15.00 COPIES 1.00 NISC 1.00 Petitioner, CEB NO. 2001-0017 VS. HERNANDEZ, ANDRES & OLGA, Respondents FINDtNGS OF FACT, CONCLUSIONS ' OF I_AW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 19, 2001, and the Board having heard testimony unae: oath, received evidence, and heard arguments respective to all appropriate mailers, thereupon issues its Findings and Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Andres and Oiga Hernandez are the owners of record of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That lhe Respondents were notified of. the date of hearing by cerlified mail. 4. That the real property located in Naples, Florida, more particularly described as Folio No. 0000037800160003: The South 180 Feet of Tract 3, Golden Gate Estates, Unit No. 24, according to the Plat thereof recorded in Plat Book 7, Page 11, of the Public Record: or -: NOV 05 2002 County, Florida is in violation of Section 3.9.3 of Ordinance No. 91-102, as amended, the Collier County Land Development Code, in the following particulars: Selective clearing over entire 2 ¼ acre parcel, debris including palmetto (numerous), cabbage palm (?), cypress (2) and Brazilian pepper, without authorization of a Collier County permit. CONCLUSIONS OF LAW That Andres and Olga Hernandez are in violation of Section 3.9.3, of Ordinance No. 91 - 102, as amended, the Collier County Land Development 'Gode. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law~ ~nd pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents correct the violation of Section 3.9.3 of Ordinance No. 91-102, as amended, the Collier County Land Development Code by: 1. Implement (complete all plantings) the approved mitigation plan by June 30, 2001. That the Respondents pay ali operational costs incurred in the prosecution of this o case until they come into compliance. That if the Respondents do not comply with p.aragraph I of the Order of the Board by June 30, 2001, then and in that event, there will be a fine of $50 per day for each day the violation continues past that date. 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 hearini~ de nova, NOV 0 5 2O02 out shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of March, 2001 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~liff Flegal~hail-~. an 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ¥))SS: couNa'V · ' rument was acknowledged fore me this ~Z day'of March, .2001,~ The foregoing mst ......... . ~ccv, ilier Count',,, Florida, who ms ~ · · Code Enlorcemem nomu ~,$,-,,, -, . . . x p,:;$:,,.,nail., kn . _ (...-.JLA,--~'~'-~u'''''~ ,_-,'k"'~~ ~,co~m~,,io~.~ u2u2.~2oo3 My commission expires: "-~%'t,~-' su...,~.- CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Andrez and alga itemandez, 7794 W. 34'~ Lane #1020, ltialeah, Florida 33018-5044 this .C~-~'~lay of March, 200 I. M. Jeaq~awson, Esq. Florida Bar No. 7503 ! ! Attorney for the ~ode Enforcement Board 400 Fifth A~,enue S., Ste. 300 Naples, Florida 34102 (941 ) 263-8206 Stat~ of FLORIDA " ~osmt~ of. .{20L'L I'E'II,,. -I HER~.li¥1C~TJ~..F~I4A~".-thts 'is a true ,.! .DF. -O. Jrd. I:E,3,..; of' ':.:! :=: ', ..: t cii~/:urf c~ 2322663 OR: 2462 ?G: 1014 ILI~ODI~ im O~rZCULI, U~OI~S o[ ~ ~, III.It IMPZIS }'1, 34116 y of September. A.D. 1998 by DORENE E. HARSHMAN. - ..~ wAn,~ANTY DEED rolm SUR~ ~U~ ~ ~ ~ ..... MD 217~5, to ANDRES HERNANDEZ ind OLGA m 1~001 PLUM TREE ~E, W~AMSPORT, H~~ H~ ~D ~E ~ ~ E~A~ BY ~E ~R~I~ ~ ~t ~ ~or~s · ~94 W ITN ESSET H' ~ M ~l~tKl ~ w~f ~E ~ 180 FE~ ~E ~T TH~EOF RECORDED IN P~ BOOK 7, PAGE 11, ~ ~E PUBIC RECORDS OF ~ ...... ~e~ lot ~e yeer 1998 {~Kdl~eifl~. _ .......... DnPERT~ IS UNIMPROVED. NON-HOMEST~U P"~ ...... ~G~OR W~RANT5 TO ~VE AND TO HO~, ~t m ~ 3t, 1~ 7. ~ARSHMAN EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 030 styled Board of County Commissioners Collier County, Florida vs. Mini Max Market, Inc regarding violation of Sections 2.7.6(1) and (5) of Ordinance No. 91- 102, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-030 styled Board of County Commissioners Collier County, Florida vs. Mini Max Market, Inc. CONSIDERATION: On May 24, 2001 a public heating was heard before the Code Enforcement Board regarding violation of Section 2.7.6 (1) and (5) of Ordiances No. 91- 102 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of $526.81 for operational costs incurred in this case. Said Lien was recorded in Official Record Book 2867 Pages 0166 et. al., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of July 9, 2001 indicating compliance with the Order of the Code Enforcement Board. On October 15, 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. AGENOA ITFM % NOV 0 5 2002 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: lO ]1'-t!o2-.- I t i' Shanelle Hilton REVIEWED BY: ~ ~ /~-"3~ __~ Date: /c~]te4/c~29 Janl~t Powers, Operations Manager ! ' ~/~lle Amold, C~. Enforcement Director APPROVED BY~~or Date: ?o~/~/~.-- NOV 0 5 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 Five Hundred and Twenty Six Dollars and Eighty One Cents ($526.81) arising out of the Code Enforcement Board Order Imposing Fine/Lien dated July 23, 2001 and recorded at Official Records Book 2867, Pages 0166, 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 6wned by Mini Max Market, Inc has been satisfied in full. LOTS 3 AND 4, AND THE EAST 68.31 FEET OF LOTS 5 AND 6, BLOCK B WHISPERING PINES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF COI.L[ER COUNTY, FLORIDA Folio No. 81730800007 (LOTS 3 & 4) Folio No. 81730880001 (LOTS 5 & 6) 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 Mini Max Market, Inc and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form suffic}~z: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COl .IJER COUNTY, FLORIDA James N. Coletta, Chairman Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners I Trans Number Date Post Date Payment Slip Nbr 364699 10/15/2002 12:34:02 PM 10115~2002 MS 104712 MINI MAX MART BAYSHORE DRIVE Payor' MINI MAX Fee Information Fee Code Descrip_tion GL Account Amount 06CEBF CODE ENFORCEMENT BOARD FINES 11113891135440000000 $526.18 Total .... _$_5_26:1_8 Waived Payments P_~yment Code Account/Check Number Amount CHECK 1373 Total Cash $0.00 Total Non-Cash _ _._$_52_6_. 1~8 Total Paid Memo: received payment in full for CEB case #2001-030 check # 1373 Cashier/location: CORZO_M / 1 User: POWERS_J Collier County Board of County Commissioners CD-Plus for Windows 95/NT Print, AGENOA ITE"___ NOV 0 5 2002 d:l 0/15120~_12:34:2'- R,tn: ' 2 3ZlObl OR': 2 b'l F(3: Olbb INYNROFFICN tYH {L00R 02/27/2001 at 03:OtPS DWIGHT i. BIOCI, CLIRI COPINS NISC IXT 12t0 CODE E~FORCE~E~T COLLIE~ CO~T~, BOARD OF COUNTY COMMISSIONERS C()I.I.IER COUNTY, FI.ORIDA, Petitioners, VS. CASE NO. CEB 2001-030 MINI MAX MARKET, INC., Respondent ORDER IMPOSING COSTS/LIEN THIS CAUSE came on for public hearing before the Board on July 16, 2001, after due notice to Respondent. The Respondent was not present at the hearing. At the public hearing on May 24, 2001, 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 June 1, 2001 and furnished to Respondent. (attached as 28.50 E.00 1.00 Exhibit "A") Said Order required Respondent to take certain corrective action to correct the violat!ons by a time certain as more specifically set forth in this Order. An Affidavit of Compliance, has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as complied with the Order entered on June ], 2001~ it i~hereb:v: ..; ~ :. '., ordered. ,,," "- Accordingly, it having been brought to the Board'~'.attenfio~'[hgt R~pondent has : .. ..... : ~ '( ; : .- NOV 0 5 2002 Pi. ORDERED, that the Respondent pay to Collier County five hundred twenty-six dollars and eighteen cents ($526.18) for the operational costs incurred in the prosecution of this case. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against any real or personal property owned by Respondents. DONE AND ORDERED THIS ~C~ay of~_,~2001, in Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) SS: COUNTY OF COLLIER) BY: ~ _ .~, 2C~i~ ~a~,~ohr~ ier~hoaen Dr ive Naples, Florida 34104 c~,regoing instrument was ac ~knowledeed before me thisc)t~ day of 2001, by Peter Let=an, Vic~-Chairman of the Code E,nl;orc~~,nt Board of Florida, who is. personalls' 'known to me or ~ who has produced a Florida Drivers' License as identification· NOTARY PUBLIC My commission expires: AC~NDA IT'S NOV 0 5 2002 OR: 2867 PG: 0168 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Order Imposing Costs/Lien has been ~u.~shed by U.~S. Mail to Mini Max Market, Inc., 3668 Bayshore Dr., Naples, Fl. 34112 this ~' .day°f~' 2001. . 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941 ) 263-8206 .- £ NOV 0 5 2002 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA OR: 2867 PG: 0169 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR/DA, VS. Petitioner, JOE TOLEDO & ROLAND TOLEDO T/A MINI MAX MARKET, INC. Respondents CEBNO. 2001-030 2806448 OR: 2836 PG: 2435 0fi/05/2001 at 0~:28~ D~IG~? ~. EROCL CL~RK R~C FH 15.00 COHOS i.O0 NI$C 1.00 / CLIRI ?0 ?H! EOARD IR?HOHIC~ 4TH FLOOR HT ?~0 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on fo.'- public hearing before the Board on May 24. 200 !. and the Board having heard testimony unc~:r 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 I. That MINI MAX MARKET, INC, a Florida Corporation. is the owner of recorh of the subject property. posting. 2. That the Code Enforcement Board has jurisdiction ofthe person of the Respondent and that the Respondent, having been duly notified, appem'ed 'thmu$,h Roland Toledo, at the public hearing. 2 ' :';~ ' ~ '" '' '* " That the Respondent ,vas notified of the daie of:~eari'nc, b~J C~rtifie'~l m,~il and by AO~DA ~ · NOV 0 5 2002 / OR: 2867 PG: 0170 4. That the real p.ropeny located at 3700 Bayshore Dr., Naples, Florida, more particularly described as Folio No. 0000081730800007, Lots 3 and 4, and the East 68.31 feet of Lots 5 and 6, Block B, WHISPERING PINES, according to the plat thereof recorded in Plat Book 4, Page 17, of the Public Records oY Collier County, Florida is in violation of Sections 1.5.6 and 2.7.6 (1) & (5) of Ordinance No. 91-102, as amended, the Collier County, Land Development Code, in the following particulars: construction of a block storage area to the rear of the building without first obtaining all required Collier County permits. CONCLUSIONS OF LAW That Mini Max Market, Inc. is in ~,iolation of Section 2.7.6 (I) & (5) of Ordinance No. 91-102, as amended, the Collier County Land Development Code. 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 hereby ORDERED: That the Respondent correct the violation of Section 2.7.6 (1) & (5) of Ordinance No. 91- 102, as amended, the Collier County Land Development Code by: Obtaining a building permit or removing the structure within forth-five (45) days (July 8, 2001); That the Respondent pay all operational costs incurred'iff'tlii~ prosecution of this case until they come into compliance. That if the Respondent does not comply with pa./'agraph.l ~of.the Oi'der 6f the Board within 45 days (July 8, 2001), then an0. in ~.ch evem;:ther, e'w Il:be a fine of NOV 0 5 2002 r/*** OR: 2867 PG: $25 per day, each day the violation continues past that date. 0171 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 nova, but shall be limited to appellate review of the record created within. Filing an Appeal shall not say the Board's Order. DONE AND ORDERED this __ day of ~, 2001 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Cliff Fle. g'~l, Chai'r~nan , 2800 North Horseshoe Drive Naples, Florida 34 ! 04 The foregoing instrument was acknowledged before me this %,/'~day of ~ f01, by/Cliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida. who b/personally known to me or who has produced a Florida Driver's Licence as identification. ,,: ...... ,, ~1~ h. ~r~uo_'_~j ~, ~ AU,ntsc Bondm~ Co lnc 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. ,,,._~,a..,x,_0_.Maii to Mini200MaXl. Market, Inc., 3668 Bayshore Drive, Naples. Florida 336 i 5 this \"-._a- day of Count/ ot CGLL~R COrrect' c~.~f the QFF :C~ :~C~-ROS ~t~r habd.'and ~flclai seal this Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 ACtA I~TEMn.._ · NOVO5200z /*** OR: 2867 PG: 0457 *** Countf of CO.I. LLE4~.... co~rect ~o~'of a'~u~ rtc~rded 1, the OFFiCiAL,.~COC)Si'of Cg.11 ie~ Count~ WITNE!S my hand arj~Jfictll seil this DAVID .I. SZI~MPRUCI.L P.A. $100 N. Taztgmni ~ Suite 201 WARRANTY DEED 2441035 OR: 2518 0417 ~lS 150000.00 UC ~E 10.50 ~-.TO 2450.00 letn: BUTLIL i~ GONZALEZ AND MARIA T. GONZAI.b"7~ husband and wife, whose~ is 801 ~ Drive, #107A, Naples Florida, 34102, ho-einafler called the Grantor, to MINI MAX MARKET, INC., a Florida Corporation, whose post office addr~s is 366~ Bayshore Dgv¢, Naples, Florida, 34112, herdnafler called the Graniee. (Wherever used herein the term "Grantor" and 'Grantee" include all the parties to this insmunent and their hcirs, lelptl represent~ves, and assi/ns of thc individuals, and thc successors and amens of corporations.) WrrNESSETH: That the C.n-antor, for and in consideration of thc sum of Ten and 00/I00 Dollars ($I 0.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, viz., Lots 3 and 4, and the East 68.31 feet of Lots 5 and 6, Block B, WHISPERING PINES, according to the plat thereof recorded in Plat Book 4, Page 17, of the Public Records of Subject to easements, res~ictions and reservations of recont. Folio Nmnber: # 81730800007 (Lots 3 & 4) # 81730880001 (Lots 5 & 6) Grantee Tax ID. No.: TOGETHER wrrH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appenainins. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the C-rantor is hwfully sc/zed of said land in fee simple; that the Grantor has good right and hwful authority to sell and convey said land; that the Glmm~ hei~oy fully warrants tho title to said land and will defend thc s~me against the lawful claims or,il persons whomsoever;, and that said land is f~e of all encumbrances, except taxes accruing s~b~ent to December 31, 1998, zoning, building codes, and other restrictions NOV 0 5 2518 PG: 0418 *** imposed by gov~mmmt~l ~uthority, outs-lznding oil, g~s and mineral interests of record, if ~ny, r~sn'i~ons md e~s~mmts common to the subdivision.' IN WITNI~S ~OF, the said ~lor has signed ~md s~fled lhes~ presents the day ~nd year first ~bov¢ written. Wimesses as to both signors: '~O'il~ess #1 ~m~ ~t - ~t~ ~c / Wim~ ~2 - ~n~ Nme STA= OF C-mntor: MARIA T. GONZAL~t~ The foregoing Wammty Deed was a~knowlexlg~ I~fore me this !~?/'f'~ day of ~'~'5 , 1999, by ISMAEL GONZALEZ AND MARIA ~T, GON.,ZAL~EZ, husb~d and w)}f_.e.., who are personally known to me orwho have produmxt as identification. My Commission Expires: (Notary Se~l) Printed Name of Notary r AGENDA ITEM NOV 0 5 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 074 styled Board of County Commissioners Collier County, Florida vs. Penelope P. Maroules regarding violation of Section 6, Paragraph B1 and 2 of Ordinance No. 2000-68 of the Collier County Noise Ordinance. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-074 styled Board of County Commissioners Collier County, Florida vs. Penelope P. Maroules. CONSIDERATION: On October 25, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 6, Paragraph B 1 and 2 of Ordinance No. 2000-68 of the Collier County Noise Ordinance. An Order Imposing Costs/Lien in the amount of Four Hundred and Twenty One Dollars and Eighty Cents ($421.80) for the operational costs incurred in this case. Said lien was recorded in the Official Records Book 2939 pages 1636 through 1641, in the Public Records of Collier County, Florida. An Affidavit of Complaince has been filed bearing the date of November 13, 2001 indicating compliance with the Order of the Code Enforcement Board. On October 1, 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. AGENDA ITEI~ I NOV 0 5 2002 GROWTH MANAGE~NT 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: Shanelle Hilton c~/'~,.~__,-a ~....~,_~ Date: Janet Powers, Operations Manager Mi~e Arnold, Cod~l~nforcement Director APPROVED BY: // ~~"~~ Date:/d~ eph K. Sch/m'itt, Administrator ~///~ n-~ 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 Four Hundred and Twenty One Dollars and Eighty Cents ($421.80), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated December 4, 2001, recorded in O.R. Book 2939, Pages 1636, et. seq., of the Public Re~ords of Collier County, Florida, against the following described real property, and allx,other real and personal property, located in Collier County, which is owned by Penelope P. Maroules has been satisfied in full. Lot 44, ~alm River Estates, Unit No. I, according to the plat thereof, as recorded in Plat Book 3 at Page 90, of the Public Records of Collier County, Florida Folio No. 0000065221760009 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 Penelope P. Maroules, 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, FLORDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Ellen T. Chadwell Assistant County Attorney NOV 0 5 2002 2897755 OR: 2939 PG: 1636 R~CODI~D in the OFHCI~L R~CORD$ o[ COLLIER CO'J!IT~, FL l~I~C FEi 2B.50 11110/2001 et 07:55AMDWIGHT E BROCK, CLE~,K . CODE ENFORCEMENI' BOARD COLI.IER COUNTY. FI,ORIDA BOARD OF COUNTY COMMISSIONI~RS COLLIER COUNTY, FLORIDA. Petitioners. VS. CASI?, NO. CEB 20014)74 / ORDER IMPOSING COSTS/IAEN PENELOPE P. MAROULES, Respondent THIS CAUSE came on for public hearing before the Board on November 29.2001. after due notice to Respondent. The Rcsponden! was not present at the hearing. At the public hearing on O :::'"-.'r 25. 2001. the Board heard testimony trader oalh. received evidence, and issued its I-:;~Sin s~s of Fact and Conclusions of Law and thereupon issued its oral Order which was reduce,! :~ '.. :'5:ing on October 30. 2001 and furnished to Respondent. (attached as Exhibit "A") Said Order required Respondent to rake certain corrective action to correct the violations by a time certain as more specifica!!> set forth in this Order. An Affidavit of Compliance. bearing the date of November 13, 2001, has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that lhe · required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attenlion that Respondent has complied wilh the Ordcr entered on October 30, 2001, il is hereby 2939 PG: 1637 ORDERED. that the Respondent pay to Collier County thc amount of Ibur hundred and twenty-one dollars and eighty cents ($421.80) Ibr tile operational costs incurred ill prosecution of this case. This Order ma,',' be recorded and shall, pursuant to Section 162.09. Florida Statutes. constitute a lien against any real property owned by Respondents. DONE AND ORDERED Tills ~day of~C-'-"~ ~,.~_, 2001. in Collier County. Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA STATE OF FLORIDA ) SS: COUNTY OF COLLIER) 2800 North Horseshoe Drive Naples. Florida 34104 The foregoing instrument was acknowledged before me this t'-A?C-'c]ay of ~.D__C_~ - .2001. bv CliffFlegai. Chairman ofthe Code Enforcement Board of Collier Count)'. Florida. who is ~/ personally known to me or who has produced a Florida Drivers' License as identification. NOTARY PUBLIC My commission expircs: NOV o 5 2002 OR: 2939 PG: 1638 CERTIFICATE OF SERVICE I I IEREBY CER'I'IFY that a true and correct copy ol'this Order Imposing Costs/Lien has been furnished by.U.S. Mail to Pen.elope P. Maroules. 164 Coral Vine Drive. Naples. Florida 34110 this ~ day of tt(J-~O ,2001. M.. eaa~awson. Esq. Florida Bar No. 75031 ! 400 Fifth Avenue S.. Ste. 300 Naples, Florida 34 ! 02 (941 ) 263-8206 NOV 0 5 2002 P~. 0 OR: 2939 PG: 1639 CODE ENFORCEMENT BOARD COLI,IER COLrNTY, FI,OR.IDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. PENELOPE P. MAROULES, Respondent CEB NO. 2001-074 FINDINGS OF FACT. CONCLUSIONS OE LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25. 2001. and the Board having heard testimony under oath, received evidence, and heard arguments respective to al! appropriate matters, thereupon issues its Findings and Fact, Conclusions of Law. and Order of the Board, as follows: FINDINGS OF I~ACT I. That PENELOPE P. MAROULES is the ow'net of record of the subject properly. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 164 Coral Vine Drive, Naples, Florida, more particularly described as Folio No. 0000065221760009, Lot 44, Palm River Estates, Unit No. I, according to the plat thereof, recorded in Plat Book 3 at Page 90, ofthe l'ublic Records of ' A~,NDA NOV 0,5 2002 OR: 2918 PG: 0391 Collier County, Florida. is in violation of Section 6, paragraphs B I and 2 of Ordinance No.2000- 68, the Collier County Noise Ordinance. in tile following particulars: Birds squawking at 63.2 decibels over County Ordinance requirements 5. That Penelope P. Maroules is in violation of Section 6, paragraphs B ! and 2 of Ordinance No. 2000-68, the Collier County Noise Ordinance. 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 hereby ORDERED: I. That the violations of Section 6, paragraphs B I and 2 of Ordinance No. 2000-68, the Collier County Noise Ordinance be corrected in the following manner: by abating the violations and achieving compliance by 6:00 p.m. October 25, 2001. 2. That if the Respondent does not comply with paragraph I of the Order of the Board by that date and time, then there will be a fine orS100 per day, for each time that the violation continues. 3. That the Respondent pay all operational costs incurred in the prosecution of this 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 of the execution of the Order appealed. An appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. NOV 0 5 200;, *** OR: 2918 PG: 0392 DONE AND ORDERED Ibis __ STATEOF FLORIDA ) )SS: COUNTY OF COI~'LIER) day of ...... c., .% )Z._.? 2001 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Cliff Fle gaJgrChairjdan 2800 North ttorseshoe Drive Naples, Florida 34104 The foregoing instrument ,,vas ac 'knowledged before me this _~C da)' of ¢<~c./- , 2001, by/Cliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is V7 personally 'known to me or who has produced a Florida Drixer's License as ,, ~.' ,3~nstina h. Urbano~sld ~.4.,.~/~ %.... Commission # CU 8S9982 NOTARY PUBLIC :.Y4" ~.~.'* So~a,,a 'r~,, My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY mat a tree and correct cop>' of this ORDER has been sent by U. S. Mail to Penelope P. Maroules, 164 Coral Vine Drive, Naples, Florida 34110 this 2~ C: day of ,,, 2ooi. M. Jehrl~hwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 AGENDA NOV 0 5 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 052 styled Board of County Commissioners Collier County, Florida vs. John and Shelia Barry regarding violation of Sections 2.6.20.1.2, 2.6.20.1.5, 1.5.6. and 2.1.15 of Ordinances No. 91-102, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-052 styled Board of County Commissioners Collier County, Florida vs. John and Shelia Barry. CONSIDERATION: On February 28, 2002 a public heating was heard before the Code Enforcement Board regarding violation of Section 2.6.20.1.2., 2.6.20.1.5, 1.5.6, and 2.1.15 of Ordiances No. 91-102 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of Six Hundred and Forty Four Dollars and Thirty Cents ($644.30) for the operational costs incurred in this case. Said Lien was recorded in Official Record Book 2995 pages 0876 through 0881, in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of January 2, 2002 indicating compliance with the Order of the Code Enforcement Board. On October 1, 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. NOV O 5 2002 GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This request will have no impact on the 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: S~ Shanelle Hilton REVIEWED BY: ~ ./~,.--.--~-'~ Jaffet Powers, Operations Manager SUBMITTED BY: APPROVED BY Michell:~nt TsepI~ K. 5chtmtt, AdminiStrator Date: Date: Date: /a -q--aZ Director AC.~A ITEM NOV 0 5 2002 Z -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 Six Hundred and Forty Four Dollars and Thirty Cents ($644.30) arising out of the Code Enforcement Board Order Imposing Fine/Lien dated Mar~h 5, 2002 and recorded at Official Records Book 2995, Pages 0876, et. Seq., of the l~ublic Records of Collier County, Florida, against the following described real proper[y, and all other real and personal property, located in Collier County, which is owned by Barry Land Development of SW Florida, Inc., a Florida Corporgtion, John Barry and Sheila Barry has been satisfied in full. THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT NO. 95, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Folio No. 37928800009 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 Barry Land Development of SW Florida, Inc.. a Florida Corporation, John Barry and Sheila Barry and consents to this lien being discharged of record. Dated this day of ,2002. AT/EST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James N. Coletta, Chairman NOV 0 5 2002 CEBRK TO THE HOA~C, IM?EROFFICE 4TH FLOOR 7240 03/08/2002 at 09:41AM D~'IGH? B. BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY. FLOPdDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTTY. FLORIDA. Petitioners. CO~i3H MISC CASE NO. CEB 2001-052 BARRY. JOHN AND SHEILA Respondents / ORDER ]XlPOSING COSTS,'LIEN complied with the Order entered on July 27. 2001. it is hereby THIS CAUSE came on for public hearin,,= before tl'~e Board on February 28. _00_." '" after due notice to Respondents. The Res;'..'.:tc~ents were not present at the hearin,, ~... .At the public hearing on Jul '. 2001. the Board heard testimony under oath. receixed evidence, and issued its Findin,zs o; Fact and Conclusions of Law and thereupon issued its oral Order which ,.','as reduced to ',vritin~: c,:: .!~lv 27.2001 and furnished to Respomtents. (attached as Exhibit "A") Said Order required Responclc:~,~s to take certain corrective action to correct thc violations by a time certain as more specifical!5' set forth in this Order. ....) -, An Affidavit of Compliance. bearin,,= the date of Januarv _. ' _00_. has been Iiled with Board by the Code Enforcement O£ficial. v,'hich Affidavit certiti~.d under oath ii,at the reqt, ired corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have AGENDA ITEI~ NOV. . 2002 29 5 PG: 0877 ORDERED. that the Respondents pa3.' to Collier County: the amount of six hundred and forw-four dollars and thim' cents ($644.30) for the operational costs incurred in the prosecdtion of this case. x, This Order may be recorded and shall, pursuant to Section 162.09. Florida Statutes. constitute a lien against any real property owned bv Respondents. DONE .&.ND ORDERED THIS 3 da,., of ~,/'~. t_ ~ County, Florida. · 2002. in Collier CODE ENFORCENIENT BOARD COLLIER COUNTY, FLORIDA Cliff Fle,.2~. ChaJi'n'mn' 2800 Noah Horseshoe Dave Naples. Florida 34104 STATE OF FLORIDA ) SS: COUNTY OF COLLIER) The fore,.z, oing instrument was acknowledged belbre me this & da;' of ,r? 'T'--~c ,-~v .2002. bv Cliff Flegal. Chairman of the Code Enlbrcement Board of Collier Count>{ Florida. who is ~" personally known to me or who has produced a Florida Drivers' License as identification. "-%, NOTARY PUBLIC Chnsiina b. Urbanowski Commission # CC 889982 ,ltln-'-~¢ Bonding' Go.. ,nc. My commission exp.ires: AGENDA ITE.~ - NOV § 2002 OR: 2995 PG: 0878 CERTIFICATE OF SERVICE I HEILEBY CERTIFY that a true and correct copy of this Order Imposing Costs Liefl has been furnished by U.S. Mail to John Barn'. Barn, Land De,,;. of S.W. Fl.. Inc..4160 7:': Avenue S.\V.. Naples. Florida 34119 this ~ da,.' of ,,'~?~-,-.,,..t:-a 2002. M. Jean ,g,a~'son, Esq. Florida l~ar No. 750.~"-11 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (941) 263-8206 AGENOA NOV 0 § 2002 OR: 2995 PG: 0879 CODE ENFORCEIvlENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. Petitioner. CEB NO. 2001-052 VS. BARRY LAND DEV. OF S.W. FLA.. INC. Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW .AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on Jul',' 16. 2001. 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: posting. 4. FINDINGS OF FACT 1. That BARRY LAND DEV. OF S.W. FLA.. INC. is the OW'her of record of the subject property. 2. That the Code Enforcement Board has jurisdictioh of the person of the Respondent and that the Respondent. John Barry., having been duly notified, appeared at the public hearing. That the Respondent Was notified of the date of hearing by certified mail and bv AGENDA ITElvl That the real property located at 4135 Pine Ridge Rd.. Naples. Flori( ~. more NOV 0 5 2O02 OR: 2995 PG: 0880 particularly described as Folio No. 0000037928800009. the East 75 feet of Tract 95. Golden Gate Estates, Unit No. 26 according to the plat thereof as recorded in Plat Book 7, page 15. of the Public Records of Collier Count,,, Florida is in violation of Sections 2.6.20.1.2 and 2.6.20.1.5 and 1.5.6 and 2.1.15 of Ordinance No. 91-102, as amended, the Collier County. Land Development Code, in the following particulars: operation ora commercial business fi.om a residentially zoned property, generating more traffic than normal. CONCLUSIONS OF LAW That Ban'v Land Dev. of S.W. FL., Inc. is in violation of Sections 2.6.20.1 ~ ~ 6 "'0 1.5. 1.5.6 and 2.1.15 of Ordinance No. 91-102. as amended, the Collier Count)., Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law. and pursuant to the authority ~anted in Chapter 162. Florida Statutes. and Collier Counp,' Ordinance No. 92-80. it is hereby ORDERED: That the Respondent correct the violation of Sections 2.6.20.1.2.2.6.20.1.5. 1.5.6. and 2.1.15 of Ordinance No. 91-102, as amended, the Collier Countx Land Development Code by: Removing the storage of fuel tank and ceasing storage of vehicles, equipment and employees traveling to and fi.om the property;' That the Respondent pay all operational costs incurred in the prosecution of this ease until he comes into compliance. That if the Respondent does not comply with paragraph I of the Order of the AGENDA ITEM Board by December 31, 2001, there will be a fine of $50 per da)', eac] day~.~~' NOV 0 5 2002 OR: 2995 PG: 0881 violation continues past that date. Any aggrieved pan3.' ma)' appeal a final order of the Board to the Circuit Co'un v~Stkin thin3.' (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova. but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this C~ay of July, 2001 at Collier Count'3.', Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER CO~x/TY, FLORIDA -- 2800 North Horseshoe Drive Naples, Florida 34104 foregoing instrument ,,vas acknowledged before me this'~- day of The 2001, by Peter Lehman, Vice-Chairman of the Code E~,jxcement Board of Collier CounT,"-' Florida. xvho is ~ personally known to me or V who has produced a Florida Driver's-..x Licence as identification. .,,S"'~:':,, ghmtma ~'=U~ban°wski:t: s998 NOTARY PUBLIC t~-',~320032 My commission expires: ."~ ~ '~:. Elxmres No',. z-' ~,52S:%~ - Bondsd rn.~ ine ......... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QRDER has been sent by U. S. Mail to Barry Land Dev. of S.W. FL, Inc., 4160 7'~ Avenue S.W., Naples. Florida 34119 this c~~ay Df.July, 2001. M. Jea~awson. Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples. Florida 34102 (941) 263-8206 NOV 0 5 2002 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, BARRY, JOHN=& SHEILA Respondent (s) CEB NO. 200 i-052 AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA ) ) COUNTY OF COLLIER ) BEFORE NIE, the undersigned [mthonp,.., personally appeared RAY ADDISON, Code Enforcement Official for the Code Enforcement Be.:: ~ of Collier Count3.', xvho, after being fully sxvorn, deposes and says' 1 That on Jul,,' 16. 2001. I:_ i:,oard held a public heanng and issued its order in the above-stvled matter. 2 That. pursuant to said o~:: i e~pondent ~vas to have taken certain corrective action bv or before December 31. the time f::. .: stipulated in this attached order recorded in OR:2867 PG:0176 3 That a re-inspection was !-<r :,: :ned on January 02. 2002 4 That the re-inspection rcvc:~i:,! that the corrective action ordered by the Board has been taken FURTHER AFFIANT SA'ITTi! NOT Dated this ~ da.',' of x. fl,~/L:~ ,r=-~z~, 20 ~' & / COLLIER CO'UNTY. FLOR/DA CODE ENTORCEN~NT BOARD RAY//d)DISON Code'Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this '7lc' day of RAY ADDISON_' ,-~ . (,.~a/n/'e ~f person making/~t ,atemenl) of Notary r~21icj . (pnnt, type or stamp commissioned name of Notao' Public) / Personally known '/ or produced identification Type of identification produced NOV 0.5 2002 Florida Profit BARRY LAND DEVELOPMENT OF SW FL, INC. PRINCIPAL ADDRESS 4160 7TH AVENUE SW NAPLES FL 34119 Changed 03/26/1999 .................... M-; ii d2-b-6R ss 4160 7TH AVENUE SW NAPLES FL 34119 Changed 03/26/1999 Document Number FEI Number Date Filed P98000032487 593504068 04/07/1998 State Status Effective Date FL ACTIVE NONE Registered Agent Name&Address BARRY. JOHN 4160 7TH AVENUE SW NAPLES FL Officer/Director Detail Name & Address II Title BARRY. JOHN ° 4160 7TH AVENUE SW DP NAPLES FL BARRY. SHEILA 4160-7TH AVE SW DVP NAPLES FL 34119 ...Icordet.exe?a 1 =DETFIL&n 1 =P98000032487&n2=NAMFWD& n 3---O000&n4=N&r 1 =,~ NOV 0 5 2002 Report Year 2000 2001 2002 Annual Reports II]l Filed Date o5,1~2ooo l[ [[ Intangible Tax il II os~.aoo: II ':'Previ°~j'S .Filihg ' :~t~J~' List '1 No Events No Name History Information ~qexi' Filir;g'I Document Images Listed beloxv are the images available for this filing. 05/14/2002 -- COR - ANN REPFUNIFORM BUS REP 04/09/2001 -- ANN REP/UNIFORM BUS REP 05/16/2000-- ANN REP/UNIFORM BUS REP 03/26/1999 -- ANNUAL REPORT 04/07/1998 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?a I =DETFIL&n 1 =P98000032487&n2=NAMFWD&n3=0000&n4=N&r AGENOA ITEM NOV 0 5 2002 :&r~. (~2, 1/2002 1 *** 2623787 OR: 2666 ?G: 0238 ~S let. a: THIS WARRANTY DEED, ~lde t~ 14th ~y of April. A.D. 2000 bl LEON 5ZWED and JOZEFA B. SZWED, HUSBAND AND WIFE ~ ca,ce me gmntor~, whose post omc. IOc~e$$ is 679 EAST STREET. HEBRON, CT. 06248. ~o BARRY LAND DEVELOPMENT OF S.W., FLORIDA INC., A FLORIDA CORPORATION whose post olrce Id~,iss i~ 4160 7TH AVE S.W., NAPLES, FLORIDA 34119. M,~i~lw cik<t me G~e~me: W I T N E S S E T H: Thai b~ ~'l~lor~. Io~ ~ b cofl$id~"atio~ o! lbo ~mt Of TEN AND 00/100'S CSt0.00) Delier$ Ifl~ ei'h~ vak~ble COflSiderut'OnS. rec~ w~dWO~ iS IMi'Sb3, ockmowisq~ed, herWOy grantS, bad,mbS. SO~S. I~,ns. ~amise$. releases. THE ~ST 75 FEET OF THE ~ST 150 FEET OF TRACT NO. ~5, GOOCH GATE ESTATES, UN~ HO. 26, AOCORDING TO ~E ~T THEREO~ RECORDED IN P~T BOOK 7, PAGE 15. OF THE PUBIC RECORDS OF CO~ER COUNt, FLORID~ Subject tD easements, restrlcflofle and reservatiOnS of record and to taxes for the year Z000 and thereefter. GRANTOR WARRANTS SUBJECT PROPERTY IS UNIMPROVED, NON-HOMESTEAD PROPERTY. TOGETHER, wa. Iq II~e le~.mems, hereditlments ancl IDpu~ten~nces t~)e'elo belo~g~g o~ ~ and,se appenan~g TO HAVE AND TO HOLD, me sar,m ~ lee sm~ 1999. IN WITNESS WHEREOF, 1he said g~inton hav~ $ig.~3 .~d saa~K~ these ~1~,~ts the dgy LEON SZWED /L~J t~ (- ,. ,- -. O'~; --.\ ~,- ~--LV $ignetu.'e JOZEFAq~.,.~ED" STATE OF CT. SZWED leo JOZEFA B Si'WED wllo icl pM$?nally know,, to me o, ITEM 2002 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners Trans Number t Date [Post Date 361619 110/1/2002 2:34:21 PM 10/1/2002 Payment Slip Nbr MS 104072 BARRY, JOHN & SHELIA CEB 2001-52 Payor' BARRY LAND Fee Information t GL Account Amount ~ Waived $644.301- iFee Code ! Description 06CEBF !CODE ENFORCEMENT BOARD FINES11113891135440000000 Total $644.301 IPayment Code CHECK Payments Account/Check Number 7598 Amount $644.30 Total Cash F $0.00 Total Non-Cash i $644.30 Total Paid f $644.30 Memo: received payment in full Cashier/location: GARRETT_S / 1 User: POWERS_J Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l NOV 0 5 20L ,/~oo."' :~Z./,~3 PM p~.. ° '"j"' EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE CLEARING OF TRACTS F AND G OF THE SABAL BAY COMMERCIAL PLAT LOCATED AT THE SOUTHWESTERN CORNER OF US 41 AND THOMASSON DRIVE, BOUNDED ON THREE SIDES BY THE C.D.C. PUD (F.K.A. COLLIER DRI) AND ON THE FOURTH SIDE BY US 41. THE TOTAL AREA TO BE CLEARED IS 1.88 ACRES OBJECTIVE: To permit the clearing of 1.88 acres of mixed vegetation that will allow for better visibility of the Publix shopping center presently under construction. For north-bound traffic on US 41, Thomasson Drive offers the only entrance to the shopping center. Currently, there is very limited visibility for the north-bound traffic. This can result in confusion or last minute decisions causing braking, speed reduction, and delayed reactions as the intersection is approached. With this area cleared, the public will be able to see the shopping center in enough time to make safe maneuvers. CONSIDERATIONS: The Land Development Code, Sec 3.2.8.3.6, allows for removal of vegetation under the Vegetation Removal and Site Filling Permit (VRSFP) process in certain circumstances. The developer has made an application based on public safely (visibility) reasons. Since no SDP has been submitted or approved for these sites, the VRSF? cannot be granted administratively by staff. BCC approval is the only mechanism to permit the clearing: vi' this site. FISCAL IMPACT: The Community Development Fu:~d. Development Services has received $200.00 in revenues. A revegetation security bond in the amount of $10,000 must be posted prior to permit issuance. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: County policy has been not to alloxv clearing until construction is imminent out of fear that large tracts of land would be cleared and filled on speculation. These two platted tracts are outparcels of a larger approved shopping center complex and would eventually be cleared for commercial development. Environmental review is still concerned about the precedent that will be set. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. AGENDA ITEk~,~ No. NOV 0 5 2.002 Pg. / EAC RECOMMENDATIONS: This petition was not submitted to the EAC. The EAC reviewed the overall project and the timing of the cleating is not an EAC issue. CCPC RECOMMENDATIONS: This petition was not submitted to the CCPC. As with the EAC, the CCPC reviewed the overall project during the public heating process. Cleating is allowed, but the timing of the cleating is usually an administrative construction issue. PLANNING SERVICES STAFF RECOMMENDATIONS: That the BCC allow the petitioner to clear part or all of Tracts F & G (1.88 acres total) provided that the tracts are properly graded and grassed and provided that a sufficient revegetation cash bond is posted. The owner agrees to stabilize the area with Bahia grass via seeding (i.e. hydro-seeding). The owner will provide temporary irrigation to establish the grass and be responsible for maintaining stabilization until such time that the site is developed. If no construction is started on the sites within two years, the Developer will use the cash bond to landscape the sites, assured to the County by the aforementioned bond. Such landscaping activity would be limited to revegetating the site to its pre- cleating state, or provide landscaping plan to be reviewed and approved by Collier County Development Services within six months of the ending of the two year period.. PREPARED BY: STAN CHRZANOW~SKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. DATE ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JQSF H K. SCHJ~ITT, ADM(NISTRATOR DATE C/O/~NITY DEV. AND ENVIRONMENTAL SVCS. 59(731 EX SUMMARY/SC/H/EAB Exec. Summ. NOV 0 5 2002 EXECUTIVE REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF -QUAIL WEST PHASE III, UNIT FIVE" OBJECTIVE: To approve for recording the final plat of Quail West Phase III, Unit Five, a subdivision of lands located in Section 8, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of ,,Quail West Phase III, Unit Five". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have bee:: paid. There are no subdivision related improvements associated with this plat. Engineering Review Sectic: recommends that the final plat of "Quail West Phase III, Unit Five" be approved for recording. FISCAL IMPACT: The County will realize ~-~..-enues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues A~A NOV 0 5 2002 Executive Summary Quail West Phase III, Unit Five Page ~ HISTORICJtL / A/~CHEOLOGICAL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Quail West Phase III, Unit Five" with the following stipulations: 1. Authorize the recording of the Final Plat of "Quail West Phase III, Unit Five." PREPARED BY: John R. Houldsworth, Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: ~~~inistrator mmunitQ Dev. and Environmental Svcs. NOV 0 5 2O02 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT, RECOGNIZING ADDITIONAL REVENUE IN THE AMOUNT OF $683,441 FOR FISCAL YEAR '03 AND ADDITIONAL REVENUE IN THE AMOUNT OF $190,548 FOR FISCAL YEAR '02 TO THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM. OBJECTIVE: For the Board of County Commissioners (BCC) to approve the attached Budget Amendment, recognizing additional State allocations to the SHIP Program. CONSIDERATIONS: When the SHIP Program's Fiscal Year 2003 began on July 1, 2002, the estimated allocation fi.om the state was $1,963,100. Once the state refined their allocation of FY '03 funds, they determined that an additional $683,441 in SHIP funding was available to Collier County for Fiscal Year '03. For Fiscal Year 2002, the SHIP program's allocation was set at $1,854,026. Once the state completed their allocation of FY '02 funds, they reviewed their allocations and determined that an additional $190,548 in SHIP funding was available for Fiscal Year '02. This $190,548 will be in addition to the already disbursed $1,854,026 Fiscal Year '02 allocation. FISCAL IMPACT: With the additional $683,441 in SHIP funding for FY '03, the total SHIP allocation for FY '03 will be $2.646,541. The funds are being budgeted in the following manner: $341,720.50 will go t(',v..-:?-~.!s Impact Fee relief, $170,860.25 will go toward Down Payment/Closing Cost assistance, an. ' 170,860.25 will go toward Residential Rehabilitation. With the additional $190,548 in SHIP funding for FY '02, the total SHIP allocation for FY '02 will be $2,044,574. The funds a~:e being budgeted in the following manner: $95,274 toward Impact Fee relief, $47,637 toward Down Payment/Closing Cost assistance, and $47,637 toward Residential Rehabilitation. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the BCC approve the attached Budget Amendment recognizing additional State allocations to t, he~HI?-proj~ram:~9 Michael Levy, ~dmin~.~tratj~Asst., Financial Administration and Housing ~g Development Manager, Financial Admin. & Housing ph Sc~(,'~dminist{ator, CDES Division NOV 0 5 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER FOR $453,264.80 FOR CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY JOHNSON ENGINEERING, INC. FOR IMMOKALEE ROAD/l-75 INTERCHANGE IMPROVEMENT PROJECT NO. 66042 OBJECTIVE: To receive Board's approval of the negotiated Work Order for Construction Engineering Inspection (CEI) services by Johnson Engineering, Inc. (JEI) for the Immokalec Road/I-75 Intersection project. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services for Collier County Road Projects (Bid #00-3184). Staff began Work Order negotiations with JEI for their inspection services for the Immokalee Road/I-75 Interchange Improvement Project. The interchange expansion project is currently under construction. The improvements will expand the single lane on/off ramps to accommodate the higher levels of traffic volume and also widen the existing bridge underpass. The project also includes improvements to Northbrooke Drive/Immokalee Road intersection. A portion of this project is being funded by Brentwood Land Partners, LLC. A construction contract with Better Roads was approved by the Board of County Commissioners on July 30, 2002, for an amount of $1,928,170.77. This amount only included the County's share of the improvements. A change order will be required to incorporate the additional improvements to be funded by Brentwood Land Partners, LLC. Construction is anticipated to be completed in July 2003; however the interchange ramps are expected to be completed by January 2003. JEI's services are scheduled for completion in August 2003. (See attached Work Order and Proposal). FISCAL IMPACT: Funds are available in the Transportation Supported Gas Tax Fund and Transportation Impact Fee Funds. Source of funds are Gas Taxes and Impact Fee Funds. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 46) is consistent with the Transportation Growth Management Plan. AGENI3~ ITEM NOV 0 5 2002 pg. [ RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Administrator to sign the Work Order to authorize Johnson Engineering, Inc., to perform construction engineering & inspection services for the Immokalee Road/I-75 Intersection project. SUBMITTED B~~/. ~ PrincipaJ iroject Manag~ APPROVED BY: ~ //~ ~ L....~cor Gr~gg R. Strakaluse, P.E., Dire t Date: Date: Engineering & Construction Management Department APPROVED BY: . ~.~. ~ '. :' Steve Ca~ell ~d ~- /~ Director, Purchasing/General Services APPROVED B¢~~ ~/) /L//~ ~ate: [ t/ Norman E. l~eder, A~P, Administrator Transportation Division NOV 0 5 2002 SINCE 1946 gNGIN EERING April 19, 2002 Mr. Lynn R. Thorpe P.E. Principle Project Manager Collier County Transportation & Construction Management 3301 East Tamiami Tr. Naples, FL. 34112 Re: Immokalee Road / 1-75 Intersection CEI Man-Hour Proposal Dear Mr. Thorpe: Johnson Engineering is pleased to present the Man-hour Proposal per your request for the Immokalee Road and 1-75 Interchange project. Also included in this proposal are CEI services for the Northbrook and Immokalee Road Intersection. Thank you for the opportunity to present this proposal and we look forward to the start of this project. If this proposal meets your approval please forward the Work Order Document for our CEI Major Contract (Bid #003184). If you have any questions please let me know. Cc Joseph W. Ebner PE file Very Truly Yours, JOHNSON ENGINEERING, INC. ~ark K. Beaverson CEI Director/Contract Manager AGt~NDA ITEM No. It0_ I'~ ~. NOV 0 5 2002 2350 Stanford Cou~ =Naples, Rofida 34112 (941) 434-0333 · Fax(941) 434-9320 ,.I o AGE/~IDA ITEM No. NOV 0 5 2OO2 pg. 4 'COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Builaing 3301 E. TAmiAmi Trail Naples, Florida 34112 Telephone: 941/774-8407 FAX: 941/732-0844 http ://colliergov.net Janua~ 23,2002 Mr. Steven K. Mordson Johnson Engineering, Inc. 2640 Golden Gate Parkway Suite 106 Naples, FL 34105 Subje..ct:-~~3184 "CEI. Services for Collier County Road Projects, Project # 6604~75/Immokalee R6a~ Dear Mr.'Merds~n.: ~' Please be advised that your firm has been selected as the top ranked firm to commence contract negotiations for the above referenced project under your annual agreement. We will be scheduling a meeting to discuss t~e services that will be required prior to your submittal of a proposed fee schedule. For your information, the firms were ranked as follows: 1. Johnson Engineedng 2. ConsuI-Tech 3. KCCS 4. Wilson Miller If you have any questions please do not hesitate to contact me at 941-774-8949, or email: KelseyWard@colliergov.net My sincere congratulations. cc: Lynn T. Thorpe, TECMD Steve Miller, TECMD Very truly yours, Kelsey S. Ward Senior Purchasing & Contracts Agen NOV 0 5 2002 Po. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #02-3406 - ANNUAL CONTRACT FOR ASPHALT & RELATED ITEMS TO BETTER ROADS, INC., BONNESS, INC., AND APAC-FLORIDA, INC. FOR THE APPROXIMATE ANNUAL AMOUNT OF $3,000,000 OBJECTIVE: To provide an annual contract to expedite resurfacing projects including, but not limited to, roads, parking lots, bike paths, and the pick-up of asphalt by County employees when necessary for use by all County departments. CONSIDERATION: The Road Maintenance department is responsible for .Collier County's 1,399 named roads, 1,003 paved and 205 unpaved for a total of 2,556.94 lane miles. Road Maintenance is also responsible for six State Roadways for a total of 384.9 lane miles. This annual contract has two sections: Scheduled Work and Unscheduled Work and Emergency Work. The Scheduled Work is the resurfacing of an estimated 35 miles of County roadways. Bid #02-3406 was posted on August 16, 2002. One hundred fifty (150) inquiries were sent to vendors. Four (4) bids were received. All legal requirements have been met. Staff has reviewed the bids received and recommends award of the Scheduled Work to Better Roads, Inc., and the award of the Unscheduled and Emergency Work to Better Roads, Inc., Bonness, Inc., and APAC-Florida, Inc. Staff believes that having a choice of companies for Unscheduled and Emergency Work will provide better service to County Departments. 5. Other County departments or governmental agencies may also utilitize this bid. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's Iong-tem growth plans. FISCAL IMPACT: Funding for Road Maintenance Resurfacing will come from the MSTD General Fund (111). Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #02-3406 to Better Roads, Inc. for the Scheduled Work, and to Better Roads, Inc., Bonness, Inc., and APAC- Florida, Inc. for Unscheduled and Emergency Work and authorize the Chairman to sign the standard agreement after review by the County Attorney.. SUBMITTED BY: ,." ~' ~ ' · ~ntho~iggins, Co~t Agent Date: NOV O 5 2002 Pg._ REVI : - ~o"hn Vli~i, SUper~n~-enctent, Transportation Maintenance ~e~e C~rnell, Pu~asin~GS Director REVI~ED BY: Date: ~ichael Elela~aki, Director TranspoSition ~intena~ce APPROVED BY: ~~._'~ Date: N/~an E. ~ed'er, Transportation Administrator NOV 0 5 2002 A N .o.%~'? NOV ~ 5 200~ pg. 4 NOV 0 5 2002 Pg. 5 NOV 0 5 2002 pg. EXECUTIVE?SUMMARY APPROVE AMENDMENT FOR $108,110 TO CONTRACT FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY KCCS, INC. FOR LIVINGSTON ROAD PHASE II (GOLDEN GATE BOULEVARD TO PINE RIDGE ROAD) SlX-LANE IMPROVEMENTS, PROJECT NO. 60071 OBJECTIVE: To receive Board's approval of the negotiated amendment for Construction Engineering Inspection (CEI) services by KCCS, Inc. for the Livingston Road six-lane construction project. CONSIDERATIONS: On July 31,2001, the Board of County Commissioners approved the contract No. (52) RFP No. (00-3078) with KCCS, Inc. to perform construction engineering inspection services for the Livingston Road Phase II Six-Laning Project. This amendment is to add four (4) months of additional CEI Services for $108,110.00. The additional four (4) months, (See attached Change Order and Proposal), are required since 142 days have been previously given to the contractor due to Change Orders, consisting of the adding of decorative lighting and associated conduit system, FPL delays in relocating of their utilities, additional turn lanes and driveways due to adjacent developments and additional borrow material required due to the on site material being unusable. The additional work and time extends the new project completion date to January 23, 2003, which necessitates extending the Johnson Engineering, Inc.'s time to February 23, 2003. Transportation staff has worked closely with KCCS on this project. To date, the consultant has performed all required work satisfactorily. _ ISCAL IMPACT: Funds in the amount of $108,110.00 are available in the Transportation supported Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #52) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve an amendment to KCCS, Inc., for the Construction Engineering & Inspection Services for the Livingston Road Phase II, Golden Gate Parkway to Pine Ridge Road, six lane construction project and authorize the Transportation Administrator to sign the Change Order. NOV 0 5 2002 Pg. !, Gregg R. Strakaluse Director, T.E. & C.M.D. Steve Carnell / APPROVED BY: Date: Date: Date: Director, Purchasing/General Services rman E. Feder, AICP, Adm~trator Transportation Division CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livinc~ston Road, Phase II PROJECT #: 60071, CO #1 _ CONTRACT AMOUNT: ORIGINAL $ 728 349 CURRENT $ 836 459 CURRENT COMPLETION DATE(S): FebruaW 21, 2003 SUMMARY OF PROPOSED CHANGE(S): Addin= four months of construction time. due to the revious addition of 142 da s to the construction contract. TIFICATION FOR CHANGE(S)' Needed additional CEI services due to the JUS ......... :__ ,..ue~rtated 142 additional da s. unantici ate(~ cons[ru~:uu,, ,~o PARTIES CONTACTED REGARDING THE CHANGE: Bill FIynn, Gre!:la Strakaluse IMPLEMENTATION STEPS (Check each before proceeding with change) Yes. Proposed change is consistent with the scope of the existing agreement Yes Change is being implemented in a manner consistent with the existing agreement Yes The appropriate parties have been consulted regarding the change PROJECT M~A~K~ER ~.~/COMMENDATION: APPRO~//~.... ,Z. d~"/~.-- Date: DiSAPpROVE: Date: COMMENTS: 10102 NOV 0 5 2002 Project Description: ATTACHMENT A SCHEDULE FEES CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (Proposal for Change Order I/1 - Contract//00-3078, Project//60071) Prepared for:. Collier Count~, Florida Livingston Pk'wy Phase II Collier County, Florida Employee Regula~t'rime Avg. Hourly Classification Manho~rs ..Billing Rate* Quality Control 0 $ 110.00 Project Engineer tl 618.75 $ 90.00 senior Inspector ~, 544,50 $ 67.00 Inspector 425.04 $ 50.00 Rdwy/Plant Inspector 247.50 $ 50.00 Secretary 618.75 $ 44.50 TOTALS: 2,454.54 $ 62.47 a. Overtime Allowance - Salary Related Costs (Limiting Amount) Sr.& Inspectors*: manhrs x 15% = 0 x $ 67.28 **per hr = $ *No addt'l O/T anticipated. *'Avg. rate for Sr. & Inspectors Sub-totah b. Lump Sum Expenses: Sub-totah c. Subconsultant: Forge Engineering, Inc. (C, eotech) Subconsultant: Deni & Associates Total Subconsultants: CONTINGENCY {~.a;k~.aa cent~ency $ te off. et addt'l SRC funds neede~ Estimated Maximum Mmiflng Amount: Estimate prepared by:. KCCS, INC. Phone No.: (941) 278-5999 Salary Costs $ $ 55,687.50 $ 36,481.50 $ 21,252.00 $ 12,375.00 $ 27,534.38 $ 153,330 - $ $ 153,330 $ $ 153,330 $ $ 153,330 $ (45,220) $ 108,110 28 NOV 0 5 2002 Pg. oo NOV 0 5 2002 Pg. ,~ Z NOV 0 5 2OO2 Pg. ~ CHANGE ORDER TO: KCCS, Inc. 1400 Colonial Blvd. Suite 260 Ft. Myers, Florida 33907 Project Name: Livingston Road, Phase II Purchase Order Dated: July 21, 2000 Chanl~e Order No.: 1 FROM: Collier County T.E.C.M.D. 2675 Horseshoe Dr. South, suite 401 Naples, Florida 34104 Project No. 60071.02B Date: October 18, 2002 Change Order Description: This change order is to add four (4) months of additional CEI Services for $108,110.00. Original agreement amount ............................................................... $ 728,349.00 This Change Order 1 ........................................................ $108,110.00 _Revised Agreement Amount ............................................................ $ 836,459.00 Original contract time in calendar days .................................................. 420 days Adjusted number of calendar days due to prewous change orders ..................... 0 days This change order adjusted time is ......................................................... 120 days Revised Contract Time itt workinl: days ................................................. 540 days August 21, 2001 October 21, 2002 February 21, 2003 Original Notice to Proceed date .................................................. Completion date based on original contract time ......................... Revised completion date due to change order(s) ......................... Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. NOV 0 5 2002 q~hange Order No. 1 Page 2 Pr~pared~ (_//Ly~ R. Thorpe, P.E., Principal Project Manager Date: Approved by: Date: Gregg R. Strakaluse, Director, T.E. & C.M.D. Accepted by: ~TL~t,'t~ /i~IL /iQ /[,~r;',~q'~d~,.-tL.. ~]~'_f~' _ ~6'~! Date: (~rnmoan E. Fede3, AICP, Admi,distmt'or .,~_~v.._..v:: _. ~/;~._...//~rtation.. Division. Accepted by:~j a~¢64~-- ff , :',~ /7'~ Date: October 21, 2002 NOV 0 5 2OO2 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT AND CHANGE ORDER WITH BETTER ROADS INC. FOR MEDIAN MODIFICATIONS ON AIRPORT - PULLING ROAD IN THE AMOUNT OF $20,618.95 PROJECT# 60175 OBJECTIVE: To gain Board of County Commissioners' approval of a change order for median modifications on Airport Pulling Road. CONSIDERATIONS: The original contract design was promulgated upon the criteria of strictly reducing the number of median openings and turning movements on Airport-Pulling Road in order to increase the capacity of the roadway. ~he proposed design was presented to the public for information and comments on two occasions, once bt a Board of County Commissioners neighborhood meeting and once at a public meeting held within the' project limits. After the construction contract letting, but prior to construction, businesses and neighborhood groups affected by the closing of the median at Hibiscus Avenue came forwar~l?equesting an additional meeting, which resulted in a re-evaluation of the planned total closure of the ~edian. The affected groups agreed with the need to prevent left-turns out of Hibiscus Avenue onto Airport-Pulling Road, but brought forth the arguments that a total closure would cause a hardship on the businesses and residents on Hibiscus Avenue. The businesses, whose access for southbound traffic would be only by a U-turn maneuver at Estey Boulevard, serve a number of large trucks and trucks pulling trailers, making the U-turn maneuver necessary for their customers' access difficult. Additionally, closure of the access to the neighborhood at Hibiscus Avenue would increase traffic using Estey Boulevard, which is a school walking route. County staff sensitivity to the needs of the neighborhoods and consideration of the these arguments resulted in a plans change to provide a directional southbound left-turn median opening at Hibiscus Avenue and the extension of the left-turn lane serving that opening, allowing a deceleration lane and vehicle storing capacity for the opening. The change order will provide for additional funds to cover extra work for the design change on Hibiscus Avenue intersection. The design change was required to address access needs of businesses on Airport Road at the Hibiscus Avenue intersection. The change order is in the amount of $20,618.95. The original contract amount for this project was $83,294.75. FISCAL IMPACT: Funds in the amount of $20,618.95 are available in the Road Construction-Gas Tax CIP Fund 313 Reserves but a budget amendment is required to transfer funds from Reserves to the Airport Road Fund (PN 60175) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order #1 with Better Roads, Inc., for the median modification improvements on Airport-Pulling Road between Prospect and Davis Blvd. in the total amount of $20,618.95 2. Authorize the Transportation Operations Director to execute the change order 3. Approve a Budget Amendment. AGENDA ITEM No. % NOV O 5 2002 PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Juli~nager Robert W. Tipton, P.E, Trail ~ns, Manager Edwar~J. Kant, P.,E~ ~ortation Operations Director q~~ "'"'- Date Norn~ E. Feder', AICP. Transportation Administrator / Date: Attachments:No. 1 - Proposed Chany': ('~ &:r No. 2wProposed Bud?? .:,.n~cndment AGENDA ITEM NOV 0 5 2002 QUOTE G.O. (HIBISCUS) BETTER ROADS INC. P.O. BOX 9979 : NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: AIRPORT PULLING ROAD MEDIAN MODIFICATION LOCATION: AIRPORT ROAD (BETWEEN PROSPECT & DAVIS BLVD) BID NO.: 02242 09/16/02 3:40 PM ITEM NUMBER .I DESCR,PT,ON !QUANT,TYPLAN I UNIT I 102-1 110-%1 120-6 33%2-1 33%72-20 $20-1-10 520.5-41 575-1-1 700-40-1 700-48-18 705-71 705-3 711-3 711-4 711-7 711-35-61 711-35-81 711-35-121 711-35-241 711-35-241 711-36-81 MAINTENANCEOF TRAFFIC 1,00 LS CLEARING & GRUBBING 1.00 LS EMBANKMENT t9.00 CY ASPHALTIC CONC. BASE TYPE 3 (ABC-3 10" THICK 74.00 SY ASPHALTIC CONC. TYPE S (2" THICK) 74.00 SY CONCRETE CURB & GUTTER TYPE "F" 202.00 LF CONC. TR.~FFIC $EP. TYPE IV, OP, II (4' WIDE) 138.00 LF SODDING : 56.00 SY SIGN (SINGLE POST) 4.00 AS INSTALL SIGN ON EXISTING POST (F& I) 1.00 EA TUBULAR DELINEATOR (FLEXIBLE) 11.00 EA REFLECTIVE PAVEMENT MARKINGS 18.00 EA PAVEMENT MESSAGE. THERMOPLASTIC 4.00 EA DIRECTIONAL ARROWS THERMOPLASTIC 6.00 EA REMOVE EXISTING PAVEMENT MARKINGS 1.00 LS TRAFFIC STRIPE, SOLID. THERMO (6' WHITE} 671.00 LF TRAFFIC STRIPE, SOLID, THERMO (8" WHITE) 43.00 LF TRAFFIC STRIPE, SOLID, THERMO (12' WHITE) 232.00 LF TRAFFIC STRIPE, SOLID, THERMO (18" WHITE) 6.00 LF TRAFFIC STRIPE, SOLID, THERMO (24" WHITE) 40.00 LF TRAFFIC STRIPE, SOLID, THERMO (6" YELLOW) 869.00 LF TOTAL UNIT AMOUNT $1,235.6S $3,164,00 $26.50 $40.00 $1S,00 S22.00 $21.00 $2.50 $175.00 $105.00 $27.50 $4.00 $S5.00 $45.00 $535.00 $0.75 $1.00 $1.55 $3.25 $3.00 $0.75 $1,235.85 $3,164.00 $503.50 $2,960.00 $1,332.00 $4,444 $2,898.00 $140.00 $700.00 $105.00 $302.5O $72.00 $260.00 $270.00 $~$.00 $5O3.25 $43.00 ~$~.60 $19.50 $120.00 $651.75 $20,618.95 CONDITIONS; 2 NO PERMITS, FEES,LAYOUT, BOND OR TESTING INCLUDED. IF BOND IS REQUIRED ADD 1%. PRICES BASED ON ONE MOBILIZATION PER ITEM, ADDITIONAL MOBILIZATIONS WILL BE CHARGED AT $750.00 EA. IN ADDITION TO UNIT PRICES. ZOO'd 890-1 66692696SZ[+ AGEND~ ITEM._ No. ~[0 r~ _~ NOV 0 5 2002 il! II [tfIN~tAV SflD$IfllH NOV 0 5 2002 CHANGE ORDER #: I CHANGE ORDER RFP 02-3327 PO#: 206696 TO: Better Roads, Inc. PO Box 9979 Naples, FL 34101 DATE: September 23, 2002 PROJECT #: 60016 PROJECT NAME: Airport-Pullin,q Road Median Improvements Under our AGREEMENT dated:_ March 26, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement for a design change on the Hibiscus Avenue intersection as Identified in Attached :"~';~* "A" FOR THE total Additive Sum of: $ 20,618.95 (Twenty thousand six hundred eiqhteen dollars and ninety five cents). Original Agreement Amount Sum of Previous Changes This Change Order (Deduct) This Change Order (Add) Pre~.~nt Agrnnmnnt Amotmt $ 831294.75 $ o.oo $ ?n,618 95 $ 103,913.70 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ¢- ~. ~ -- ,2002 Better Roads, Inc. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Manager By: EDWARD J. KANT, PE Transportation Operatior NO. ,-- _ N0V 0 5 2002 EXECUTIVE SUMMARY AWARD WORK ORDER NO. WD-01$ TO DOUGLAS N. HIGGINS, INC. FOR LAKE KELLY DITCH IMPROVEMENTS (Project No. 51801) IN THE AMOUNT OF $264,012.55 OBJECTIVE: To receive Board approval and award of a work order for Lake Kelly Ditch Improvements to Douglas N. Higgins, Inc. in accordance with the Annual Contract for Underground Utility Contracting Services (Bid No. 02-3345). CONSIDERATIONS: After numerous years of residential flooding problems in the Bayshore/Thomasson Drive area, Stormwater Management identified improvements to the Lake Kelly ditch that would provide relief for some of the flooding problems. Collier County contracted with Wilkison & Associates for the design and permitting of a project know as Lake Kelly Ditch Improvements. Construction of the project was split into two phases due to easement limitations; 1) Poplar Way ditch improvements (constructed FY 02) and 2) Lake Kelly Ditch Improvements. Easements are in place except for two parcels and it has been decided to complete the portions of the improvements that can be accomplished with-out one of the easements while continuing to finalize documentation for the other remaining easement. The missing easements are on the upstream end and will not adversely affect the project at this time. Restrictions to the flow are located on the northerly end of the project (downstream end) where construction will begin. The quote results for the Lake Kelly Ditch Improvements are summarized below: Bidder DN HIGGINS, INC HAsICrNS Mitchell & Stark Total Bid Amount $264,012.55 $286,162.00 $314,044.00 FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (325). The current budget for Project number 51801 is $233,400. Awarding the project to D.N. Higgins, Inc. in the amount of $264,012.55 will require a budget amendment in the amount of $30,612.55 to transfer funds from Fund 325 reserves. A budget amendment in the amount of $30,612.55 has been prepared for this executive summary. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: The construction of stormwater management facility improvements is in accordance with the goal and objectives oft he Drainage Sub-element of the Growth Management Plan. AGENI3A ITEM NOV 0 5 2002 Pi}. Executive Summary Lake Kelly Ditch Improvements Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order No. WD-015 .to Douglas N. Higgins, Inc. in the bid amount of $264,012.55 (2) Direct the Board Chairman to execute work order number WD-015 with Douglas N. Higgins, Inc. (3) Approve necessary budget amendment Peter S. Hayden, E.I., Project Manager Stormwater Management / TECM Date: lO - ~. 1~-o ? REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Robert C. Wiley/E. Principal Project Manager Stormwater Management / TECM Steve ~imel[, Di~ctor Purchasing Department Gregg R. Strakaluse P.E., Director and Construction Management Department __ Date: Nor)/nan Fe.der,_A. dm!nistrator Trlfiasportation Division Date: Attachments: Work Order Budget Amendment Location Map AqqN~ ITEl)4 _ No. Ik~J) {~ NOV 0 5 21)82 WORK ORDER # WD - 015 'UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for Underground Utility Contracting Services, subject to tl~; 't~ns*'~r~d conditions of the Contract referenced above, for Work known as: PROJECT: Lake Kelly Ditch Improvements The work is specified in the proposal dated July 19~ 2002 from Douglas N. Higgins, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WD - 015 is assigned to Douglas N. Higgina, Inc. Scope: Contractor to supply labor and material Schedule of Work: Complete within 60 days from the notice to proceed date. Liquidated Dama.qes: $500.00 ~er day. Com0ensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $ 264,012.55 (see attached for bid form breakdown) 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. PREPARED BY: "/")~ ~'. /"~,'~/~,-~ ,/O - ,/ - C Z Peter S. Hayden, E.l.,"lSroject Manager Date Stormwater Management SectionFFECMD Robert C. Wiley~lS.E., Principal Project Manager Date Stormwate~ Ma;~gement Section/TECMD Gregg Strakaluse, Director Date Transportation Engineering & Construction Management Department ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Date James N. Colletta, Chairman ATTEST: (Co~orate Secreta~'y) R. Suzanne Hawker Sec./Treas. Typed Name and Title Approved as to Form and Legal Sufficiency: Assis{ant County Attomey W~ Om~ far Lake Kelly Ditch ~ wD-015.eoc By:. DOUGLA)S N. HiGGiNS, iNC.~ D4an Higl~ins, Vice PreSident. NOV O 5 2002 RECEIVED JUL 1 9 2002 STORMWATER MGMT. 2887 Tamiami Trail East Naples, Florida 34112 239-774-3130 Fax= 239-774-4266 LAKE KELLY DRAINAGE IMPROVEMENTS BID FORM ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT I Mobilization (10%) I LS ?, 500.00 ?,500.00 2 Provide/Maintain As-Built Plates I LS 6,000. oo 6,000. oo 3 .Provide/Maintain Survey LayoUt I LS 6,500.00 6,500.00 Preservation oISurvey 4 Monuments I LS 3,000. oo 3,000.00 5 Maintenance of Traffic 1 LS 5,000 o 00 5,000 · O0 6 Erosion Control 5,200 LF 2. oo ! o, 400.00 7 Clearinq & Grubbing 4 AC 8,500.00 34,000.00 8 Ditch Excavation 21.011 CY 4.55 95,600.05 Haul Away Excess Fill to East 9 Naples Park (1/2 to 1 mile travel) 21,011 CY 2°50 §2,§27.§0 10 6" Limerock Base 3,500 SY 6.o0 ~ ,000.00 11 6" Stabilized Subgrade 3,500 SY 3.75 ! 3,125. oo 12 Seed & Mulch 1,580 SY 2. oo 3, ! 60. oo 13 Fertilizer I TN !, 000. oo ]., 000 .-00 14 Water for Grass 4 MG 250. oo 1,000. oo 15 Sod 1,200 SY 3.50 4,200.00 'rOT AL I I t 264,012.55 g738 Bid Fora1 Revved 5-6-O2 Wllkison Associate, Inr,. NOV 0 § 200Z Page1 o~1 May 2, 2~2 ~, .o C3. E --.~ .,?.q II~ C3 ~,~ ,,v' .~ 3 ,,~,~, / I .+ .~ 5 2002 ,o. -~' WORK ORDER # WD- 015 .... RECEIVED 'UNDERGROUND UTILI'FY CONTRACTING SERVICES' Contract #02-3345= Dated May 28, 2002 OCT 1 - 200:~ This Work Order is for Underground Utility Contracting Services, subject to t~-~Ot~/~T~o44GET. conditions of the Contract referenced above, for Work known as: PROJECT: Lake Kelly Ditch Improvements The work is specified in the proposal dateJ July 19~ 2002 from Douglas N. Higgins, Inc., which is attached hereto and made apart ol this Work Order. In accordance with Terms and Conditions of the Agreement referenced ab.)ve, Work Order # WD - 015 is assigned to Douglas N. Higgins, Inc. ~cope: Contractor to supply labor and material Schedule of Work: Complete within 60 da¥~ from the notice to proceed date. .Liquidated Dama,qes: $500.00 per day. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $ 264~012.55 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an execu'ted Change Order as enumerated in Exhibit D of the Agreement. Peter S. Hayden, E.l.,'Proiect Manager Date Stormwater Management SactiorVTECMD Robert C. Wile~P.E., Prir..cSpal Project Manager Date Stormwate. r, Mar~gement S=.clion/TECMD Gregg Strakaluse, Director Date Transportation Engineering & Construction Management Department ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Date James N. Colletta, Chairman ATTEST: ~..orpcr,..~ Secretari) DOUG S N. HIGGiNS, iNC: . R. Suzanne Hawker Sec./Treas. D~n u:..L.:n,b.g,ns, Vice Pres,oe. nt.':"~-- . : ~.' Approved as to Form and Legal Sufficiency: Assistant County Attorney AGF_.~D,~ ITEM No. NOV 0 5 2002 Pg- EXECUTIVESUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT AN ACCESS EASEMENT WHICH IS REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TH STREET SW. (PROJECT NO. 60012) FISCAL IMPACT: $20,100.00 OBJECTIVE: Approve an Easement Agreement and accept an access easement from Jerry R. Ferguson and Erin Kate Ferguson, thereby providing a necessary easement for access to and maintenance of, the Golden Gate Canal at the southeastern quadrant of the bridge constructed at 13th Street SW. CONSIDERATION: On June 12, 2001, the Board approved the Professional Design-Build Services Agreement with Kelly Brothers Inc. and American Consulting Engineers, PLC, for the construction of a bridge over the Golden Gate Main Canal at 13th Street SW in Golden Gate Estates. South Florida Water Management District--Big Cypress Basin (SFWMD-BCB) originally placed permit conditions within the Right of Way Occupancy Permit to clear and grade a maintenance path along the top of the bank and select clearing along both the north and south side slopes of the Golden Gate Main Canal between 1 lth Street SW and 15th Street SW. As a result of concern expressed by property owners and after a meeting held with SFWMD-BCB, the permit will be modified to provide direct access to all four quadrants at the bridge site on 13th Street SW in order to clear debris that may collect at the bridge from time to time. Direct access to the bridge will require the acquisition of access easements from the owners of the properties located at the four corners of the bridge, with SFWMD-BCB named as a party to the access easement. Acceptance of said access easement will provide the County and SFWMD-BCB with oln3~ehof the necessary easements required for maintaining the Golden Gate Canal at the bridge site on Street SW. Approval of the Easement Agreement, attached as Exhibit 1, will provide the Board's authorization to staff to close on the purchase of said easement, owned by Jerry R. Ferguson and Erin Kate Ferguson and located at the southeast quadrant of the bridge constructed over the Golden Gate Canal at 13th Street SW. GROWTH MANAGEMENT IMPACT: Staff has negotiated a settlement with the Fergusons in the amount of $20,000.00 to compensate them for the access easement, damages resulting to the Owner's remaining lands, and for all other damages and expenses in connection with the conveyance of said easement including attorney fees. FISCAL IMPACT: $20,100. Funds for this access easement and associated closing costs will come from the Transportation Supported Gas Tax Fund. Source of funds are Gas Taxes. The recommendation is consistent with the County's long range planning effort. AG~I~ID.~ ITEM No. IL0V')-'~ ... NOV 0 5 2002 pg. RECOMMENDATION: That the Board of County Commissioners: SUBMI'i-EED BY: DATE: Transpo Engineering and Construction Management Approve the attached Easement Agreement and authorize its chairman to execute same on behalf of the Board; and Accept the easement conveyed thereby; and Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. REVIEWED BY: Ewing "Skip'~lcMichael, Project Manager Transportation Engineering and Construction Management REVIEWED BY: REVIEWED BY: APPROVED BY: , "~,¢..,L '/~c,.....'"~ .~., ,..?'---. DATE: Dale Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg Strakaluse, Director Trans~~ation Engineering and Construction Management Norm¢ }:;der, ~lCP, Administrator / Tran~o~ation Services Division NOV 0 5 2002 pg. 2 PROJECT: 13th Street Bridge, 60012 FOLIO: Portion of 52670000051 EASEM~"I AGREEMENT THIS EASEMENT AGREEMEBYI ihereinafter referred to as the "Agreement") is made and entered into on this ~ day of , 2002, by and between JERRY R. FERGUSON AND ERIN KATE FERGI. ISON husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 900 :.-.t~ S,.reet SW, Naples, Florida 34117, and COLLIER COUNTY, a political subdivision of the S:ate of Florida, its successor~ and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a peq~ctual, non-exclusive easement for access and maintenance of the Golden Gate Canal ox'er, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the ' Eascrn2m- ~. which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to con'~e? t?.c Ea:;t ment to Purchaser and to the South Florida ~ ' '' 'D joint Easement holders, for Water Management District-Big Cypress Easin ..%, .,~ -BCB), as the stated purposes, on the terms and condifi ~n~ >e :or:h herein; and WHEREAS, Purchaser has agreed to, coz-7<7~s:.::? O~ her for conveyance of the Easement; NOW THEREFORE, in considerat:r,n ,; :: ?:'cruises, the sum of Ten and No/100 Dollars ($10.00), and other good and valuable :or~sm:: a~on, the recmpt and sufficiency of which is hereby mutually acknowledged, it is agree-! bx and between the parties as follows: Owner shall convey the Easement to Pu'z. rase; ~or the sum of $20,000.00, payable by County Warrant (said wansaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conve?ed including all landscaping, trees, shrubs, improvements, driveway, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all o:her damagcs in connection with conveyance of said Easement to Purchaser, including all aucmcys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Starrtes, and said payment includes full payment of those costs and expenses itemized in Exhibit 'B", ~ rich is attached hereto and made a part of this Agreement. 2. Owner a~ees that this Easement restri~s building, planting, or erecting structures within the easement area. 3o Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Ease:rent, the execution of such instruments which will remove, release or subordinate such eh,', m.~rances from the Easement upon their recording in the public records of Collier Count;,', FIo.hda~ Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that tame is of the essence in regard to the closing, and that therefore Closing shall occur within ;ixtT (60) days from the date of execution of this AG~.I~ D~ ITEM No. "'3. NOV 0 § 2002 Pcj. --~ Agreement by the Purchaser; provided, '~owever, that Purchaser sh~ll have the unilateral right to extend the term of this Agreement pending receipt of such insu'uments, properly executed, which ei. ther remove or release any ~nd all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that th,' 'cffer" to purchase represented by this Agreement is subject to acceptance and approval t:y the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the property unde:TI3qng the Easement, and 'all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances hay: been generated, stored, treated or transferred on the property underlying the Easement exce. Ft as specifically disclosed to the Purchaser; that the Owner has no knowledge of any s?i:l] or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property undefl.ving the Easement; or :) ~.ny lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underl)dng the Easement. This provisicm shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save ar:d I'o]d harmless the Purchaser against and from, and to reimburse the Purchaser with respe:t to. any and all damages, claims, liabilities, laws, costs and expenses (including without l:mitation reasonable paralegal and attorney fees and expenses whether in court, out of court, i-~ bankruptcy or administrative proceedings or on appeal), penalties or fines incurred b.,, or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by c on',eyance of title. The Purchaser shall pa) for all costs cf recording the conveyance instrument in the Public Records of Collier County, Florida. Al o:her costs associated with this transaction including but not limited to transfer, document'-a:y and intangible taxes, and recording costs for any curative instruments shall be borne ar.d paid by Owner. Owner shall be responsible for paying an3 costs and/or fees associated v,'itq securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(.~) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 9. This A~ecment and the terms and gn)vi.'ions hereof shall be effective as of the date this Agreement is executed by both parties znc shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, wl'_-never the context so requires or admits. 10. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated abm,e; and the written Agreement, including all exhibits attached hereto, shall constitute the eh'ire Agreement and understanding of the parties, and there are no other prior or contemp,)rv, neous written or oval agreements, undertaldngs, promises, warranties, or covenants not contained herein. I 1. If the Owner holds the property under~34ng the Easement in the form of a partnership, limited pannership, corporation, trust or any fo.-m of representative capacity whatsoever for others, Owner shall make a written public di~closare, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement befo:-e t3e Easement held in such capacity is conveyed to Purchaser, its successors and assigns. ,,'If the corporation is registered with the Federal Securities Exchange Commission or v:gi.',t'..red pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the genera~ pul:lic, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and con~trued in accordance with the laws of the State of Florida. NOV 0 § 2002 IN WITNESS WHEREOF, the parUes h::¢to have executed this Agr~mem on this day of ,2002. Date Easement acquisition approved by BCE: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES N. COLETTA, Chairman AS TO OWNER: DATED: Witness (Signatu~) ~ (Pnnt or Type) Witness (Signature) (Pnnt or Type) JcEi(R 'fR. i~RGUSON DATED: ./ (~,ri~nne~s (Sienature) ' (Print or Type) Witness (Signature) Name: ,'~m-~,, (Print or Type) ERIN KATE FERGUSO/~ Approvexl as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AGq~D,~,qTEM No. NOV O 5 2002 ' PUBLIC W'ORKS ENG~N-EE~G DEr, ARTMR~NT 2685 HORSESHOE DRIVE $oLrrH NAPI.~S, FLORIDA 34104 (239) 659-5773 ., PROIF. L'T NO .......... 60012 FOLIO NO... S'~ d, '~ O OaC~O ~' I LEGAL DESCRII:rrlON (NOT A SURVEY) THE SOUTH 254 FEETOF THE NORTH 324 FEET OF THE EAST 30 FEET OF THE WEST 60 FEET, OF LOT 1, KATIE LANE, AS RECORDED IN PLAT BOOK 22, PAGE 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT A Page I of I NOV 0 5 2002 PROFESSIONAL LAND SURVEYOR-Fl REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF 1 JERRY R. 670 Fairway Terrace Naples, FL 34103 ONE CALL SERVICE 941-403-3988 YOUR ORDER NO INVOICE NO DATE QUANTITY DESCRIPTION UNIT PRICE AMOUNT - / t SUB TOTAL TAX TOTAL EXHIBIT Page ~ of NOV 0 5 2002 7 BILL. TO ITEM DESCRIPTION Fro'-, grade ami'compact Pave clr~ve (1) acldilic~al 'loaelof'~iirt TERMS QTY UNIT PRICE Total.. EXHIBIT PROJECT. AMOUNT 8,CX)O. O0 AGI~IDA. JTE~- NOV 0,5 2002 ~;~ NAME I ADORES$ ~ £S, Fl. ~ 103 Serving the Naples Area $i,~ce 19..2-" ESTIMATE DATE ESTIMATE PROJECT DESCRIPTION VIBURNUM .~O REMOVAL MULL3'I IKRIGATION 5YS~ E~G EX, STaG ~ED ~OM CANAl. 15 ~ PImP AND ~E C~ ~U~D CT¥ TOTAL I 675.(XJ 675.00 60 ¢.00 ! 2.100.00 2.100,00 THAN'K YOU FOR YOUR TOTAL s3.,,eo, ot~ 465 NurSer,/Lane, Naples, F=nda 34119. (941) 455-6266 Fax (94~, ) 455-8472 e-mail: growcol Oaol.com ~ AGEN~4TEM EXHIBIT ~ NOV 0 5 2002 Page ~ of~ ..~ Pg. Parrish, White, Lawhon & Adler, P.A. 3~1 Pine Rkige Road, $ui2 101 May 13, 2002 JERRY FL FERGI,~ON ~r. Ser~ Ferb, uso~ oR ERin K. FEHGUSCm ~ 670 Fairway Terr rJ, o F~RWAY TEP,. NAFI.E~, FL 34100-4410 Dat~ ~//7/~ L Naples FL 34103 "'/ -- to 'the order of. -- / - _ / / " - In Referenc ; To: ,~. emo s. OC. :~OOO0 N ?,. O0 b676 ~f17 ER4-~ Charges for Professional_Services Thin Period 1878 ,,'O0000G L, ? SO~' Date Init. Description Hrs/Rate Amount 4/30/02 DR R~vicw iaforma~on from title company. 0.50 75.00 150.00/hr 5/2/02 J-DP O ff2c~ Confemn~ 0.30 67.50 225.00/bx 5/3/02 DR ]~gin legal re:s~arch on easements. 0.70 105.00 DR Completio~ of ~ an~ ~rafl m~mor~e~m% 1.00 IDP Review r~arch 5/4/02 180.00 5/7/02 150.00 5/8/02 0.80 180.00 225.00/hr DR 0ffu:e conference regarding research on eat~ment and review of pla~. DR l~.~iv~ a~l ~ further infor~m from T:fle Compmiy. EXHIBIT Page~ of~ 0.40 60.00 150.OOfar 0.20 30.00 150.OOPar s.,o $172.50 AO~-,NDA ITE~ NOV 0 5 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE FOUR (4) NUCLEAR TESTING GAUGES AS SURPLUS AND APPROVE THE SALE AND DISPOSAL OF EACH NUCLEAR TESTING GAUGE AS DESCRIBED HEREIN (BID # S02-3423) OBJECTIVE: To receive Board approval to accept Bid #S02-3423 to sell (Model 3440, Serial #31229) Troxler Density Machine to Kissinger Campo for $3,200.00, and to sell one (Model #3411-B Serial #12625 and Model #3440 Serial #19844) Troxler Density Machine to Allied Engineering for $1,500.00, and to properly dispose of a machine containing nuclear source material, and to cancel our State License. CONSIDERATION,: Pursuant to Chapter 274.05, F.S., invitations were sent out on August 13, 2002 for Surplus Bid No. S02-3423 - Surplus Sale of Troxler Density Testing Equipment. This equipmem had been used by the County to determine if road base and asphalt layers met specified density requirements for compaction. Today, these tests are conducted by the County's construction engineering and inspection consultants that oversee construction contractors. A notice of sale of the Troxler Density Testing Equipmem was placed in the Naples Daily News on August 23, 2002. Bid offers were due on September 6, 2002 and three offers were received for three of the four machines in inventory. No offers were received for the fourth machine (Model 4640A, Serial #538). Nuclear gauges comain licensed radioactive material. As such, the machine can't be disposed of as ordinary trash, recycled as scrap material or abandoned. It must be transferred to an organization that is properly licensed to receive radioactive material. Two (2) vendors were contacted regarding disposal of this machine. One of the two vendors, Instro Tech, was not licensed to dispose of this model. The other vendor, Troxler Labs is licensed and will dispose of the equipment at a cost of $450.00 plus a shipping charge of approximately $50.00. FISCAL IMPACT: The sale of three machines to state license holders will net $4,700.00 and the proper disposal of the fourth machine costing approximately $500.00, will result in a surplus of $4,200.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners declare the nuclear testing gauges as surplus and accept the two favorable offers to purchase three machines as described herein and authorize the expenditure to properly dispose of the fourth and last machine and surrender our state license to operate nuclear equipment. t ov -5 DATE: SUBMITTED BY:,~"x~?Bil,l'~lynn~ct~ Manager // /~_~. DATE: /o APPROVED BY: ~" Ity~,Thorpe, P.E., Principal Project Manager ~regg R. Strakaluse, Director Engineering and Cons~tructio~ Management Department APPROVED BY:~Director ~/~ DATE: ervices Feder, AICP, Administrator Norman E. T~/,~sportation Division A(~END~A, IT.~I No.J,~ ~ - NOV 0 5 2O02 pg. Z NOV 0 5 2OO2 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO ESTABLISH A BUDGET FOR THE ALTERNATIVE TRANSPORTATION MODES DEPARTMENT IN THE AMOUNT OF $180,500 OBJECTIVE: Obtain Board approval of Budget Amendment to establish a budget for thc Alternative Transportation Modes Department in the amount of $180,500.00. CONSIDERATIONS: Thc Alternative Transportation Modes Department was created to oversee the ~perations of the MPO Section of Transportation Planning and include a Department Director and Administrative Assistant. Thc funding for these two positions was included in thc adopted FY 03 EMS budget. However, these positions wcrc budgeted within the EMS Administration Department and wcrc transferred to thc Alternative Transportation Modes Department. · Thc EMS budget is funded, in part, by a transfer from the General Fund; the EMS General Fund transfer will bc reduced by $180,500 from the General Fund for these positions and thc transfer will nccd to bc reduced from the EMS budget and redirected to thc Transportation Services Budget. FISCAL IMPACT: A budget amendment is needed to transfer funds that wcrc allocated to thc EMS ~dministration Department and rc allocate them within thc Transportation Services budget in thc amount of $180,500 as shown on thc attached spreadsheet. There is no net increase in budget appropriations as a result of this action. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION-: That the Board of County Commissioners approve the budget amendments to Establish budget appropriations for the Alternative Transportation Modes Department. SUBMITTED BY: ~~~, ~.~tg~qC Transportation Accounting Supervisor DiT~tot APPROVED BY: /~~~'~ r, AICP, Administrator T~fis~rtation Services Division Date: Date: AGENDA ITEN No. /(,,,45' 6 NOV 05 2.00 Pg. / .. ,.-, ~_ ~ ........... _~-~~o o o o o o o o o00 00000000 CDO0 Pg._ BUDGET AMENDMENT REQUEST Fund Title: Transportation Services Fund Number: 101 N/A EXPENSE BUDGET DETAIL Cost Center Title Alternative Transportation Modes Cost Center No.: Project Number: Cost Center Object Code No. 163617 512100 163617 514100 163617 521100 163617 522100 163617 523150 163617 523160 163617 524100 163617 631990 163617 643980 163617 634999 163617 640200 163617 640300 163617 640310 163617 640410 163617 641700 163617 641900 163617 641950 163617 643100 163617 645260 163617 646430 163617 646440 163617 646445 163617 646610 163617 646710 163617 646910 163617 647110 163617 649010 163617 649030 163617 649100 163617 649990 163617 651110 163617 651210 163617 651910 163617 652490 163617 652910 163617 652920 163617 652990 163617 654110 163617 654210 163617 654360 163617 654370 163617 764950 Object Code Description Regular ,Salaries Overtime Soscial Security Retirement Health Life Life Workers Comp Subtotal Other Professional Fees lnterdept Pa3~cn: Other Contractual Services Milage Reimbursement Out Cnty Travel Prof Out Cnty Travel Reg Motor Pool Renta! Cell Phone Telephone A IIocmed Postage. Freigh: Electricity Auto lnsuranc~ Fleet Maint Fleet Maint Fleet Maint I~,-'~ Non Maint Communicmin}o ;" R&M Office Equicn ' Data Proce~ Printing or Licenses & Clerks Recording Fees Legal Advertisin[ Other Miscellanou> bervices Office Suppli~, (,eneral Copying Charge- Minor Office Equipment Fuel & Lubricants Minor Operating Equipment Computer Software Under 750 Other Operating Supplies Books, Publications Dues & Memberships Other Training./[ d ucational Organizational Development Subtotal Operating Software General Subtotal Capital Total Expense Budget Increase Current Revised {Decrease) Budget Budget 126,200 ' 12'6,200 3,800 3,800 9,300 9,300 12.000 ! 2.000 ! 3,500 ! 3,500 500 500 165,300 165,300 500 500 200 200 500 500 200 200 1,500 i.500 300 300 200 200 1,000 1,000 500 500 200 200 500 500 900 900 200 200 1,000 1,000 100 100 100 100 1,000 1.000 200 200 500 500 200 200 100 100 100 100 1,000 i.000 !,000 1.000 200 200 900 900 500 500 500 500 100 100 200 200 100 100 500 500 100 100 100 !00 15,200 15.200 :[ :1 180.5ool I 180.5o01 929020 481001 WHY ARE FUNDS NEEDED? Transfer from General Fund 180,500 I 11.855.3' WHERE ARE FUNDS AVAILABLE? Funds are available by rodu~ing the transfer from the General Fund to EMS and increasing the tra~~''-- to Transportation Fund 101. REVIEW PROCESS DATE BUDGET DEPARTMENT: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO: AGENDA ITEM~ No, //. gc~ NOV 0 § ZOOZ Pg. ~ EXECUTIVE SUMMARY WAIVE THE $500,000 UPPER LIMIT FOR CONTRACT ~O2-3359: "ANNUAL CONTRACT FOR TELEMETRY SERVICES" AND APPROVE THE WORK ORDER TO DATAFLOW SYSTEMS IN THE AMOUNT OF $717,160. OBJECTIVE:, To ensure effective monitoring of flows and equipment of wastewater pumping stations. CONSIDERATION[ 1. Collier County has over 435 wastewater pumping stations that are not monitored through telemetry. 2. Collier County Wastewater Department has a five (5) year capital plan to purchase and install SCADA equipment at all the County's wastewater pumping stations. Constant monitoring of the pump stations provides an efficient manner of checking the operation of the pump stations from a centralized control center. Crews can then be dispatched to alarms long before wastewater overflows into the community. This ensures that there is an added layer of protection to the public's health and safety. 3. DataFIow Systems has provided and installed Remote Transmitting Units (RTU's) on approximately 225 wastewater lift stations at an investment of approximately $1,700,000, with some of the units operational for more than five (5) years. 4. DataFIow Systems is an approved vendor under Collier County's "Annual Contract for Telemetry Services" (#02-3359). Staff recommends that the Board waive the upper limit as requested herein in order to purchase 100 RTU's from DataFIow Systems, in the best interest of the County. DataFIow Systems has a proven record of quality, reliability and timeliness in delivery. FISCAL IMPACT: Funds in the amount of $717,160 are available in the County Wastewater Capital Projects Fund (414) in Project #73922 ('~Nastewater Collections Telemetry'). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION,[ That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, waive the $500,000 Upper Limit for Contract #02-3359: "Annual Contract for Telemetry Services," and approve and authorize the Utilities Engineering Director to execute a work order for the purchase of 100 RTU's from DataFIow Systems in the amount of $717,160, per terms of the attached proposal. AGENDA NOV O 5 2002 -Dennis McGee, P.E., Instrumentation/SCADA Manager, puED REVIEWED BY: , ~'~-'7/~ ~~ ' Date: Roy/~nderson, ~P.E., P. UED Director APPROVED BY: ~~ 'Q.~L~uyY-' Date: IL3 j d~~atham, Wastewater Director APPROVED BY: ~~ ~. ~/ Date: Stephen V. oa~e,,,~u~2in~ Director es W. DeEony, P.E., ~lic Utilities Administrator ~TEM 2002 October 4, 2002 '020t]- 11:09 Quote No, 021004-01-wv Mr. Dennis Mcgee Collier County Public Works Fax: 239-530-5378 Re: Proposed Telemetry Upgrade for 100 Lilt Stations Dear Mr. McGee: Thank you for this opportunity to offer our products and services for the above referenced project. Unless otherwise noted below, pricing includes Pump Control Unit (PCU) TAC Pack & antenna subsystem installation, central computer configuration update, and verification of radio signal. All products offered are compatible with Collier County's existing radio telemetry system. In order to maintain recent FCC licensing pricing, DFS is absorbing the extra cost associated with recent FCC licensing changes (see FCC Licensing line item). With the purchase of 100 PCU TAC Pack units or more DFS would like to offer the upgraded version of the Hyper SCADA Server Module to replace the current two in the central telemetry unit and a spare PCU TAC Pack unit free of charge. For an order of 150 units or more DFS offers an additional 5 spare PCU TAC Pack units free of charge and for an order of 200 units or more DFS offers 10 spare PCU TAC Pack units free of charge This two page quotation includes, and is limited to, the following: · BILL OF MATERIALS: 1. (100) PCU TAC PACK RTU: ($ 5,061.00 each) (1) RF Pigtail (1) RTU Surge Protection Kit (1) 3-Phase Surge Protector (1) Polyphaser Coaxial Surge Protector (1) Backup Battery (1) Interposing relays on all pump controls · Deduct $ 2,893.00 each for panels already equipped with the PCU · The county will provide the required mounting bracket at PCU equipped panels 2. (100) PCU TAC PACK INSTALLATION ($ 450.00 each) $ 45,000.00 · No installation charge for panels already equipped with the PCU · Installation will be provided during site antenna system installation 3. (100) Complete Antenna Subsystem, includes:($1,20s.ooea~) $120,800.00 (1) 21' Rohn Tower Assembly & Mast (1) RTA209 A~tenna & coaxial cable Assembly PLEASE VISIT OUR WEBSITE ~ www.dataflows~.com Dale Flow Systems, loc. · 659 Eau Gallle Blvd. · Meboume, Florida 32935 · PH: 3~1.259.5009 · $ 506,100.00, ir.,stallation notincluded FAX: 321.25g.4006 (1) Installation services 4. (100) FCC licensing services ($ 250.00 per group of 6) * Current DFS retail pricing is $650.00 per group of 6 * Previously proposed pricing is being honored in this quotation $ 4,250.00 5. Spares, includes (10) PCU TAC Pack ($ 4,1o4.0o each) $ 41,010.00 · QUOTATION NOTES: · This quotation is quantity discounted pdced and is based on all products and services being provided in one order. · Site locations are required to perform the radio study report for each site and to confirm antenna system requirements. · Pdcing is based on, no lift stations are can-type stations, the number of pumps at each site is 3 or less, existing floats provide level sensing, and all control panels are aboveground construction. All PCU TAC Packs are to be mounted in the pump control panels. I! a new control panel is required, the PCU TAC Pack will be shipped to the panel manufacturer for installation purposes. · Our services provide for the installation, of the county provided control panel intrusion switch. · This quotation assume~ that entry by our employees into "Confined Spaces" and/or 'Permit-Required Confined Spaces" as defined by OSHA is not required by the scope of the work to be performed under this quotation. · This quotation assumes that all electrical equipment to be accessed by our employees can be temporarily removed from service. · Only those items and services specifically listed above in the Bill of Materials are included in this quotation. The quotation totats $ 717,160.00 and does not include any applicable taxes. Lead-time can be determined at the time of order entry. Unless otherwise noted, prices are F.O.B. job site. Payment terms are NET 30. This quote will be honored for 90 days. Please contact me at 321-259-5009 with any questions or comments. Sincerely, Data Flow Systems, Inc Randy E. Wyatt Sales Consultant Email: randy@datafiowsys.com PLEASE VISIT OUR WEBSITE ~ ,e~w.~tetaftowsys.cem · 659 Eau Gallie Blvd. · Me~xxxne, Florida 32935 ,, PH: 321.259.5009 · FAX; 321.259.40136 0 5 200Z PG._ ~ ~, EXECUTIVESUMMARY APPROVE FUNDING AND AUTHORIZE THE EXECUTION OF THE APPROPRIATE CONTRACTS FOR PROCESS AND CAPACITY IMPROVEMENTS AT THE NORTH COUNTY WATER RECLAMATION FACILITY (PROJECT 73251), IN THE ESTIMATED AMOUNT OF $529,100. OBJECTIVE: To correct a current oxygen deficit in the secondary treatment process to improve the treatment capacity at the North County Water Reclamation Facility (NCWRF) in advance of peak season 2002 - 2003. CONSIDERATIONS: The influent organics concentration at the NCWRF has been steadily increasing. Last season (Dec 2001 - May 2002) it exceeded the historic Concentrations experienced by the facility in the past seasons. This has resulted in poor sludge settleability in the clarifiers prior to filtration, low nitrate concentrations (indicative of incomplete nitrification caused by an oxygen deficit), excessive ammonia, and unstable chlorine residuals in the plant effluent. The plant has also had difficulty maintaining sufficient dissolved oxygen during peak flows. These symptoms seemed to indicate an oxygen deficit in the treatment process. In September 2002, engineering consultant HoleMontes, was retained to evaluate the operation of the secondary treatment process at the NCWRF. Their investigation resulted in a draft report that confirmed the suspicions of an oxygen deficit in the secondary treatment process. Their professional recommendation is to install floating aerators to introduce more oxygen into the existing Oxidation Ditches. This improvement will provide more complete oxidation of organic nitrification demands. The result will be a more stable biological process that demands less effort to operate, while maintaining a high quality effluent that is required to meet the Florida Department of Environmental Protection (FDEP) permit reuse quality stipulations. The implementation of this improvement is very important to meet peak Season 2003 demands and to adequately provide reliability to our wastewater customers. The current aeration system is already at its maximum capacity. The existing aeration rotors are being operated at their highest revolutions per minute (rpm) just short of overloading the motors. By operating at such high rpms, the high velocity created in the liquid actually hinders the oxygen transfer rate. This is opposite the desired effect. Preliminary discussions indicate that the FDEP concurs with the recommended solution. The FDEP has stated that they will actually require the new floating aerators as a part of a new Amendment to the original Consent Order, Board-approved April 10, 2001 (Agenda Item 8 (C) (1), later amended and approved by the Board on July 30, 2001 (Agenda Item 16 (C) (16)). The new Amendment is currently being negotiated with the FDEP, and will be brought to the Board for approval in the near future. In exchange for implementing the above solution, the FDEP will remove the current requirement of reserving two of the four new aeration basins for peak influent flow surge protection. This will allow full utilization of the aeration basins for sewage treatment capacity. The proposed plan is to negotiate the purchase and installation of the floating aerators with a contractor on our Annual Fixed Term contracts. To meet the accelerated schedule, procurement of NOV 5 200Z Executive Summary Approve Funding for Process and Capacity Improvements at NCWRF Page 2 materials and construction services must commence inunediately and continue for the next several months to meet peak season demands. Design is essentially completed. Estimated costs to implement the recommended improvements that are not already funded, are as follows: Professional Engineering Services Construction Services Contingen}Y (30%) x Total Estimated Costs $100,000.00 $307,000.00 $122,100.00 $529,100.00 FISCAL IMPACT:. A budget amendment is needed to transfer funds in the amount of $529,100 from Wastewater ~pital Reserves to project 73251, NCWRF Oxidation Ditches Aeration Improvements. SourCe of funds is User Fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, approve the necessary budget mnendment, approve funding, and authorize the Public Utilities Administrator to execute the necessary agreements and/or purchases related to process and capacity improvements at the NCWRF for peak season 2003. SUBMITTED BY: REVIEWED BY: Public Utilities Engineering Department BY: Steph~n~. d{rnell, D~rector Purchasing/General Services Division Josel~ B. dheatham, Direct~ Was~water DepartmenJ~ / J APPROVED B Y :~~-r' ~~~~n. ~nistrator ~es W. DeLony, P.E., Aden' ,,6blic Utilities Division Peter Schalt, PMP, Interim Principal Project Manager Public Utilities Engineering Department Roy~B. A ¢, ~/~~.9~ ~t/~.~ Date: nderson, P.E., Director Date: Date: / ' NOV 0 5 2002 EXECUTIVE SUMMARY AUTHORIZE CONVEYANCE OF A UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO SERVE THE NORTH COUNTY WATER RECLAMATION FACILITY 0NCWRF) DEEP INJECTION WELLS TO BE LOCATED AT THE NCWRF PROPERTY, THE COST OF WHICH SHOULD NOT EXCEED $30.00. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "Board") authorize the conveyance of a Utility Easement to Florida Power & Light Company to provide underground electric service to serve the NCWRF Deep Injection Well Project to be located at the existing NCWRF property on Goodlette Road. CONSIDERATIONS: The Public Utilities Engineering Department is installing a new deep injection well system at the NCWRF located on the east side of Goodlette Road. The Board awarded the deep injection well construction contract to Youngquist Brothers, Inc., on July 30, 2002, as Agenda Item 10(J). In order for Florida Power & Light Company to provide underground electric service to the deep injection well system, it will be necessary for the County to first execute and record ~!~.c a',mched Utility Easement. This request and Utility Easement nave been reviewed and approved by the Public Utilities Engineering Department and the County Attorney's Office. FISCAL IMPACT: The total c'~?:: cl recording the Easement will not exceed $30.00. The funds shall be withdrawn from t~ Impact Fee Fund (413), NCWRF Deep Injection Well Project. GROWTH MANAGEMENT IMPACT: The NCWRF Deep Injection Well system is recommended in the 2001 Wastewater Master Plan adopted by the Board on December 11, 2001, as Agenda Item 8(a). The deep injection well project is required to keep up with the facility expansions to meet growth demands. RECOMMENDATION: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Approve the attached Utility Easement to Florida Power & Light Company; 2. Authorize the Chairman to execute the Easement; and 3. Authorize staff to record with the Clerk of Court the Easement in the Public Records of Collier County, Florida. &G~I~& IT£# NOV 0 5 2OO EXECUTIVE SUMMARY Easement to FP&L Page 2 PREPARED BY: Date: Cindy M. E~, Sr. Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department --' Ton~. ~,~ott, l~r~Xl'p~rty Acquisition b~upervisor Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: _ i _ Date: Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ,~or,7 Date: r Facilities Management Department Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: /'"/C/7'~/~~~ Date: Roy B~.n..d~rson, P.E., Director Public Utilitie~ering Department ///J~n}es-W. DeLony, P./~E., Administrator {,,~p3~lic Utilities Division Date: NOV 0 5 Work Order ]qo. 109380 Sec.23 Twp ~5S, Rge 2.5E Parcel I.D. # ~/~' (N~intaineci by C~unty Appraiser) Form 3722 (Stocked) Rev. 7/94. EASEMENT This Instrument Prepared By Name: Jim Merriam Co. Name: FPL Co.. Address 26430 Old Us 41 Bonita Spdngs, Florida 34135 Page I of 2 valuable consideration, the adequacy.and receipt ox .wn~..cn ~s nercvy grant and give to Florida Power & Light Comp. a~.y., its l~cen~e., cs, ag~cn~,....s~_c_c_e__s_s_om_~ and assigns, an easen~nt forever for tl~ consu'acuon,..Ol:~?a. ~on an.o mam~cc overhead and underground electric utility facilities (incluamg wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with size of and remove such faciliues or any of them WlTnln an described as follows: SEE EXHIBIT "A" ATTACHED An FPL Company easement more particularly described on Exhibit A as the east ten-feet of: wi~'u thc casement and to operate thc same for commumcauons, purl?OS.CS; m,e ngm.oI m~c. ss a:n.o egress to sam prc.n~c~ a,. ,,,.-,,,; ;, tie. bt to clear the land and keep it cleared of all trees, undergro,.wt~, ano o¢,cr o_os. tmct~ons w?uun me, c. as. cmo. n,t..ama; ~to tnn}~an_o_ tr~,ued and cut ~ dead, weak, leamng or dangerons.~'c, cs or f,.t?~s.,_o.u_~_~_oe_oLt,f. ~_~f_~_~e.Sw,~cK~Ig,~?,~,~ lines' or systems of conamumcaUons' ' or. power warlsl~SSlOn or GIS1X1OIIUOI1; iillU IIIIUICl. ~I~[JAO, tU UI~ IUU~.O~. vA~.v~at ~ ~- ts power to grant, if at all, the rights hereinabovc granted on the land heretofore descnbcd, over, along, under and across the roads, strec highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this insmm~nt orr , ~1[ 2 0 0 2 s Board of_cou,ncy cgmmis, sioner Collier uounr:y t (Corporate's name) , scaled and delivered off By: (Witness' Si a~mrc) East Print Name ~ x~.~cWimess) Chairman 0~M~X~K PmtName: James N. Coletta Phnt^ddms: 3301 Tamiami Trail Naples, FL 34112 Attest: PrintNamc: Dwight E. Brock ~mAdd~s: 3301 Tamiami Trail Naples, FL 34112 (cm~ ~1) East AND COUNTY OF .. The foregoing instrument was ackno~ ,19__, by ,and produced ~ who did (d~d not) tare an o~m. (Type ° f ldentificafi~.~~ Notary Public, Signature Assistant C~unt3 Attorney' - Ellen T. Chad~ell Print Name S 89"28'00" E I00.0I 0'100500' 400' LOCATION LADAL DE, S'CRIt~IO~: THE E4ST 10.00 FEET LESS THE SOUTH 1285.35 FEET OF THE FOLLOWING DESCRIBED TR4CT OF L4ND: COMMENCING AT A CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF' SECTION 27, TOWIVSHIP 48 SOUTH, RANGE 25 EAST, COLDER COUNT~, FLORIDA, SAJD SOUTHEAST CORNER BEING THE POINT OF BEGINNING, THENCE ALONG THE SOUTH UNE OF SAID SECTION 27', NORTH 89'52'36" WEST 100.04 FEET, THENCE NORTH 1'32'29' WEST 2637.85 FEET, THENCE NORTH 1'29 '.37' WEST 1,5 I5. 14 FEc"'~, THENCE NORTH 89'28'00' EAST 100.0I FEET TO CONCRETE MONUMENT, THENCE SOUTH 1'29'37' EAST 1514.70 FEET, THENCE SOUTH 1'J2'29' EAST 2640.7I FEET TO THE SOUTHEAST CORNER OF SECTION 27 AND THE POINT OF' BEGINNING. (ABOVE LEGAL DESCRIPTION DOES NOT CLOSE 81' 1.27 FEE7~, NORTH-SOUTH). AND ALSO: THE WEST 32.00 FEET OF THE NORTH ,55.00 FEET OF THE SOUTH I/2 OF THE SOUTH 1/2 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD. T SOUTH 1/2 OF THE SOUTH 1/2, S27, T48S, R25E CORNER, S27, T48S, R25E "NOT A SURVEY" 27 26 N 89'52'36" W 100.04 34 J 35 EXECUTIVE SUMMARY APPROVE STAFF AND COASTAL ADVISORY COMMITTEE RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE INSTALLATION OF A SAND WEB SYSTEM (POROUS GROINS) ALONG ONE MILE OF NAPLES BEACH IN THE AMOUNT OF $1,000,000 ~ To obtain final disapproval of a Tourist Development Category "A" grant application as recommended by staff, the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: A Tourist Development Category "A" grant application for the installation of a temporary porous groins system along one mile of Naples beach, starting from the south end of Lowdermilk Park, was submitted by Parker Beach Restoration (PBR), Inc. PBR was contracted by the City of Naples to conduct the sand web experiment just south of the Naples Pier. The system was in place from November 2001 to April 2002 along one half mile of beach. The test plan requires quarterly monitoring through 2003 including an additional quarter mile on each end of the test area, as well as control areas both north and south of the test area. Humiston & Moore Engineers was contracted by the County to provide an interim evaluation of the ongoing sand web experimen~ t~ assist in making a decision for this latest grant application. Their report, along with procedural requirements, raises a number of concerns for conducting a similar experiment - 1) the test plan set one of the success criteria to accumulate 3,000 cubic yards of sand per month along thc test area out to the point of closure, but that total area actually lost over 20,000 cubic yards, 2 ~ :?~,:-oximately one third of the 14,000+ cubic yards of sand that accumulated along the test area i'/c:~t' ~'{ovember to April was redistributed in the littoral system by the August survey, 3) due to the contract language, the City has paid PBR for accumulating over 24,000 cubic yards of sand, yet the net accumulation was only 14,000+ cubic yards of sand, and 4) the PBR system is proprietary, but there are similar systems available and therefore a sole source contract would not be recommended. FISCAL IMPACT: There is no fiscal impact if the grant application is disapproved. Should this project be pursued, it is possible that up to $625,000 could be obtained from the Florida Beach Erosion Control Program (reimbursement program) leaving the $375,000 balance to Tourist Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners disapprove the attached grant application for Tourist Development Category "A" funds in the amount of $1,000,000. 0 § 2002 SUBMI'Iq'ED BY: Date: Ron Hovell, P.E., Co~astal Projects Manager APPROVEDBY-~~ 6~ /-~--d~2~ D.a!e:~z s W. DeLony, P.E., Public U~flities Adrmm. stmllor Ar.~A IT£~ ~ NOV 0 5 2002 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance EXHIBIT A. Name and Address of Applicant Organization: Parker Bead_ch Restoration Inc. 100 Aviation Drive South, Suite 100 Naples, Fl 34104 Contact Person, Title and Phone Number:. Colin Kelly Vice President 941 403-7177 Organization's Chief Official and Title: Wallace J. Hilliard, CEO e Brief Project Description: lrm_nllation of the Sand Web System (porous groins) along 1 mile of beach located between 5. Estimated project start date: 6. Estimated project duration: 7. Total amount requested: Collier County Tourist Development Council Grant Application Fall of 2002 Six (6) months $375,000 + or - ( See exhibit A) NOV 0 5 2002 Page 2 o 10. 11. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award.'? Yes (x) No ( ) Identify the goals and objectives for the project: The project is to increase the recreational value and provide storm protection along a one mile section of public be~__ch in Naples, Fl by keeping sand in residency longer that would otherwise be lost to the tran~ort system Approximately 50,000 cubic yards of natural sand using the porous groin Sand Web System is anticipated using previous test performance results Describe what benefits will be received from the project: Enhancement of a one mile section of beach, south of Lowdermilk Park by retaining sand introduced into the beach system by previous restoration methods of pumping and Lrucking. Thus, extending the tt_~ble portion at the beach for recreational purpose while providing storm protection. Describe how the effectiveness of the project will be evaluated: Project effectiveness will be watched via a beach profile monitoring (surveying) pm_gram. 12. Describe how the project enhances existing County Tourist Development programs: The Sand Web System project will iner~ the area of beach and promote recreational use of Naples bes_~¢hes and_ can offer a cost effective method of ann:mi erosion control. Deecribe how financial resources will be monitored: By the county. IT£# 2002 Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? '~ Yes(x ) No( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(x ) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(x ) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes(x ) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(x ) No( ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(x ) No( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes(x ) No( ) NOV 0 Collier County Tourist Development Council Grant Application Page 4 · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(x ) No( ) · Is there a potential for an alternative/matching funding source? Yes (x) No ( ) If'Yes", please identify Sta~e of Florida grant Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(x ) No( ) Has the projec~ been reviewed and recommended by the Beach RenourishmentfMaintcnance Advisory Committee? No I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Signature of Orga~i?ation's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Work~ Engineering effective October 1998 ..... ~0. PG, Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET (Sand Web System) B~_,d_get for One (1) mile beach incb._~dln~o ¼ m~e adjace_nt_ north~ south areas. ACTIVITY AMOUNT GRANT $1,000,000 Monitoring fees Mobilization fees 50,000 + - cy on beach profile ( performance based only ~ 10.75cy) $250,000 $150,000 $600,000 NOV 0 5 ZOO2 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR AND THE PUBLIC UTILITIES ENGINEERING DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, REPORTS AND OTHER DOCUMENTS THAT PERTAIN TO THE CONSTRUCTION OF PUBLIC UTILITY IMPROVEMENT PROJECTS IN COLLIER COUNTY OBJECTIVE: To obtain appropriate authorization for the Public Utilities Administrator and the Public utilities Engineering Director to execute applications and other documents pertaining to construction of public utility construction projects in Collier County. CONSIDERATIONS: ~The Public Utilities Division processes applications for grants, applications for permits, and submission of reports and other documents through local, state and federal agencies for approval of various public utility activities throughout Collier County. In order to expedite the processing of these documents, authorization is requested for the Public Utilities Administrator and the Public Utilities Engineering Director to execute the necessary documents on behalf of the Board of County Commissioners. The attached resolution has been prepared for adoption to grant such authorization. FISCAL IMPACT: There is no fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution authorizing the Public Utilities Administrator and the Public Utilities Engineering Director to execute grant applications, permit applications, reports and other documents pertaining to construction of public utility improvement projects in Collier County. PREPARED BY: Harold E. Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy ~. Anderson, P.E., Director ~ Ja~es W. DeLo~y, P.E., A~niStrator (..gblic Utilities Division / DATE: /o. ~. o ~,, DATE: /" ' z t - o 7.~ DATE: ~'~ ~~--' NOV 0 5 2002 1 2 3 4 5 6 7 8 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 36 37 38 39 40 41 42 43 45 47 48 49 50 51 52 53 54 55 56 RESOLUTION NO. 2002 - ____ A RESOLUTION OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR AND THE PUBLIC UTILITIES ENGINEERING DIRECTOR TO EXECUTE GRANT APPLICATIONS, PERMIT APPLICATIONS, REPORTS AND OTHER DOCUMENTS THAT PERTAIN TO THE CONSTRUCTION OF COLLIER COUNTY'S PUBLIC UTILITY IMPROVEMENT PROJECTS WHEREAS, the Board of County Commissioners of Collier County, Florida, has a need for public utility activities throughout the County which require and will require applications for grants, applications for permits, and submission of reports and other documents to or through local, state, and federal agencies; and WHEREAS, to expedite processing of these documents, thc Board hereby authorizes the current and all future Public Utilities Administrators and the current and all future Public Utilities Engineering Directors to sign and otherwise execute such grant applications, such applications for permits, such reports and other documents pertaining to the construction of the County's public utility improvement projects to, but not limited to. thc following: Florida Department of Transportation Florida Department of Environmental Protection US Army Corps of Engineers US Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management District Federal Environmental Protection Agency NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY coMMIsSIONERS OF COLLIER COUNTY, FLORIDA, that: The current and all future Collier County Public Utilities Administrators and the current and all future Collier County Public Utilities Engineering Directors are hereby authorized to sign and otherwise execute the aforesaid documents for and on behalf of the County of Collier, the Collier County Water-Sewer District, or any combination thereof. THIS RESOLUTION ADOPTED AFTER MOTION, SECOND, AND MAJORITY VOTE FAVORING ADOPTION THIS ATTEST Dwight E. Brock, Clerk By: Deputy Clerk DAY OF ..... 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James N. Coletta, Chairman Approved as to form and legal sufficiency: ThomaS' ~. Palmer Assistant County Attorney NOV 0 5 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $28.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier Coumy, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolut'" The attached Resolution lists the 3 accounts that have paid in full for the 1991 Solid Waste Collection Services Specia! Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $28.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 3 Satisfaction of Liens for the 1991 Solid Waste Collection Services Special Assessment Liens. #0.~ NOV 0 5 2002 Prepared by: Pam Callis, Revenue Supervisor Utility B/illing and//Customer Service Reviewed by: ,///~/~' T~resa A. Ri'esen, Revenue Manager Utility Billing and Customer Service Rev iewedby: ~._.,.~,~,,.X~ Johr~ ~. Yonk~~ ~ Approved by: ~~ ~am~s w. DeL0~, p~, Administretor, ~~~ities DivisiOn Date: tO/t ~/0 2--~ Date: NOV 0 5 2002 ! 2 4 5 RESOLUTION NO. 2002 A RESOLUTION APPROVING SATISFACTION OF UENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board to of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing 1] the recording of notices of liens for the delinquent solid waste collection and disposal 12 services special assessments for 1991; and 13 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official t4 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, 15 Florida, which placed a lien on certain properties for the delinquent solid waste collection 16 and disposal services special assessments for 1991; and ]7 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to is approve by Resolution and record in the Official Records a Satisfaction of Liens on all ]9 accounts that have been paid in full. 2o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 2~. Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the 24 following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 25 whereupon a lien had been recorded on real property pertaining to the accounts identified 26 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 27 herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 2s Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Account No. 6004 Account No. 22606 Account No. 22758 This Resolution adopted this second and majority vote day of ,2002, after motion, NOV 0 5 2002 PGo .,~ 1 2 3 A'T-TEST: 4 DWIGHT E. BROCK, CLERK 5 7 8 9 10 ]1 Approved as to form and 12 le~c¥: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETrA, CHAIRMAN tT~r. lq . ' 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 00127562308 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josurin, Nodill~a P O Box 1421 Immokalee, FL 33934 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 47 29 E 60FT OF S 102.53FT OF N 632.53FT OF W 190FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1401 PG 1391 Folio No. 00127562308 Project No. 60000 Account No. 6004 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form ROBERT Z~CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.. JAMES N. COLETTA, CHAIRMAN NOV O 5 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 9400 Property Folio No. 25630320009 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Campbell, Alphonso PO Box 946 Immokalee, FL 33934 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 7 LO; ': ~, OR 231 PG 435 Folio No 25630320009 Pr~ect Nc 60000 Account!':~ 22606 Collier County, a political subdivision cf the State of Florida, hereby acknowledges receipt of payment in :;,. satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of Count~ Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form ROBERT ZAG'~IARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN AC,[NOA i~. ' NO.~ NOV 0 5 2002 Jm This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 25630920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Postelle, Willie May % G Jean Canty 2695 Beacon Hill Dr. #211 Auburn Hills, MI 48326 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Four Dollars and No Cents ($204.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 8 LOT 17 Folio No. 25630920001 Project No. 60000 Account No. 22758 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and le iciency RObER'~' 7,,~'C~HA RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'I-fA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID ESlDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED WASTE R R THE 1992 SOLID YMENT AND SAID LIENS ARE SATISFIED IN FULL FO ....... FISCAL IMPACT IS $24.00 TO RECORD THE LIEN OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 3 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. NOV 0 5 2002 Prepared by: Pam Calli~R~venue Supervisor Utility BjJh'ng and ~Customer Service Reviewed by: :~_.~ ~/'~ Tet'c~sa A, Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by' · Joh~n'VL Yonk°.~, Director. E..-.' Util~.~Billing a~nd C~ustom~r .~ervi/c,e'...~ A roved y.~ - . . . PP ~r~me~ ~. DeLony, ~.-'F_., ^ominis~,amr, Utilities Division Date: Date: IT£N 2002 r 1 2 3 4 5 RESOLUTION NO. 2002 A RESOLUTION APPROVING SATISFACTION OF UENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOUD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS t0 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 1] of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 ]2 authorizing the recording of notices of liens for the delinquent solid waste collection and ]3 disposal services special assessrnents for 1992; and 14 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 15 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 16 accounts that have been paid in full. ]? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 18 COLUER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as ]9 amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid 20 Waste Collection and Disposal Special Assessment for the following accounts numbered 2,] below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been 22 recorded on real property pertaining to the accounts identified herein. The Satisfacfions 23 af Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County ~ Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions 26 of Lien individually in the official records of Collier County: 27 28 29 Account No. 8358 30 Account No. 29256 31 Account No. 29502 32 33 34 35 36 37 ATTEST: 38 DWIGHT E. BROCK. CLERK 39 42 43 Approved as to form and 44 ~cy: County Attorney This Resolution adopted this second and majority vote. day of , 200Z after motion, BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ,o. NOV 0 P~..~ This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, FIodda 34112 (941) 774- 8400 Property Folio No. 00127562308 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josudn, Nodilla P O Box 1421 Immokalee, FL 339340000 The Lien was recorded on the 19~ day of September 1994, in Official Record Book 1966, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 47 29 E 60FT OF S 102.53FT OF N 632.53FT OF W 190FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1401 PG 1391 Folio No. 00127562308 Project No. 61000 Account No. 8358 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. AFl'EST: DWIGHT E. BROCK, CLERK Approved as to form an~iency~ _/ ROBER~"~HARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLE'I-rA, CHAIRMAN NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 25630320009 SATISFACTION OF MEN KNOW ALL MEN BY THESE PRESENT: That the BOARD .OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Campbell, Alphonso PO Box 946 Immokalee, FL 339340000 The Lien was recorded on the 19~ day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 7 LOT 10 OR 231 PG 435 Folio No. 25630320009 Project No. 61000 Account No. 29256 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. A'i'I'EST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, 'FLORIDA JAMES N. COLETTA, CHAIRMAN N0V O § 2O0Z This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774- 8400 Property Folio No. 25630920001 SA'rlSFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: Thai the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Postelle, Willie Mae % G Jean Canty 2695 Beacon Hill Dr #211 Auburn Hills, MI 483260000 The Lien was recorded on the 19m day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of Two Hundred Six Dollars and Four Cents ($206.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 8 LOT 17 Folio No. 25630920001 Project No. 61000 Account No. 29502 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction' of Lien, by action of the Board this day of 2002. ~ ATTEST: DWIGHT E. BROCK, CLERK Approved as to form encBt BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLE'CrA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID COUNTY HAS RECEIVED RESIDENTIAL ACCOUNTS WHEREIN THE WASTE ........ '""'~' ^=E SATISFIED IN FULL FOR THE 1993 SOLID PAYMENT ANU ~pau WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $24.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance N: ~0-30, as amended, provides that Satisfaction of Liens shall be approved by Resolut~c;'~. The attached Resolution lists the 3 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Pam Callis,xRevenue Supervisor Utility Billjrfg and C~ustomer Service Te~'sa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by:~ Oohg A,. ~_._U tili~y~ illi n_g,~./~d? u~¢~?r~ervice .. ove Administrator, lic Utilities Di~isi~f~ Date: 1 2 3 4 RESOLUTION NO. 2002- ~ A RESOLUTION APPROVING SATISFACTION OF UENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOUD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Off'mial Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1520 Account No. 5555 Account No. 5607 This Resolution adopted this ~ day of , 2002, after motion, second and majority vote. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 5O Aq-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLEI-I'A, CHAIRMAN NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941)'774-8400 Property Folio No. 00127562308 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josurin, Nodilla P O Box 1421 Immokalee, FL 33934 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 47 29 E 60FT OF S 102.53FT OF N 632.53FT OF W 190FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1401 PG 1391 Folio No. 00127562308 Project No. 63000 Account No. 1520 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBBERY ~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN N 0¥ 0 5 200Z This instrument prepared by: Robert Zacha~J Assistant County Attorney Office of the County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (941) 774-S400 Property Folio No. 25630320009 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRE~ENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, I~, ORIDA was the owner and holder of a certain Lien against: Campbell, Alphonso PO Box 946 Immokalee, FL 33934 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 7 LOT 10 OR 231 PG 435 Folio No. 25630320009 Project No. 63000 Account No. 5555 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this . day of ,2002. AFl'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Postelle, Willie Mae % G Jean Canty 2695 Beacon Hill Dr #211 Auburn HiLls, Mi 483260000 The Lien was recorded on the 22nd da~' of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Six Dollars and Four Cents ($206.04) plus accrued interest and penalties, if any, and imposes certai~ o~ligations against real property situated in Collier County, Flodda, described as totlows: CARSONS ADD BLK 8 LOT ~ '~ Folio Nc 25630920001 Project ,N; 63000 Account i~c, 5607 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROI~ER~ ZA"CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, JAMES N. COLE'FI'A, CHAIRMAN NOV 0 5 2002 EXECUTIVE SUMMARy ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $24.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $24.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. Prepared y: ~ b ' '~' ~, Revenue Supe~isor ~1 ng. and. Customer Service Reviewed by./~-~ '~ ~' ~ · ~eresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by:~ ~i~,~/dJOh~ A. Yonkosk'3~,~ Service Approved by: ~'~'~~_~-''-'~ ~ · ~'~'m~-W. DeLony, P.~,~ Administrator, ..__._Utilities Division Date: \ ~.~,~ -~ Date: Date: NOV 0 5 2002 PG. ~ ~ ! RESOLUTION NO. 2002-,~ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOMD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. ? WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board s of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal to sen/ices special assessments for 1994; and t! WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 12 approve by Resolution and record in the O~fficial Records a Satisfaction of Lien on all 13 accounts that have been paid in full. 14 NOW, THEREFOF~..E, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF C~LLIER COUNTY, FLORIDA, that pursuant to Collier County 16 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the ~? 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the Is following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, [9 whereupon a lien had been recorded on real property pertaining to the accounts identified 2o herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein ~' are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board ~ of County Commissioners, and the Clerk is directed to record this Resolution and these 23 Satisfactions of Lien individually in the official records of Collier County: 24 25 Account No. 4491 26 Account No. 4527 27 Account No. 25373 28 3o , 2002, after 3] This Resolution adopted this motion, second and majority vote. day of 33 34 A'I-TEST: 35 DWIGHT E. BROCK, CLERK 37 38 39 4O 41 Approved as to form and 42 I~cy: 43 ~ 45 ~, a . '-'"' County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN NOV 0 5 2OO2 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No: 25630320009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Campbell, Alphonso PO Box 946 Immokalee, FL 339340000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, FIoriaa. described as follows: CARSONS ADD BLK 7 LOT 10 ©~ 2.~1 PG 435 Folio No. 25630320009 Pr~ect No. 64000 Account No 4491 Collier County, a political subdivisic: ;f the State of Florida, hereby acknowledges receipt of payment ir, ~ ~tisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby d~r~c~ed to record this Satisfaction of Lien in the official Records of Collier Cour,¥. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form an~lJp, gal-sofficiency / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLETTA, CHAIRMAN NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No: 25630920001 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Postelle, Willie Mae % G Jean Canty 2695 Beacon Hill Dr #211 Auburn Hills, MI 483260000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Thirteen Dollars and Forty Four Cents ($213.44), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 8 LOT 17 Folio No. 25630920001 Project No. 64000 Account No. 4527 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ,2002. ATI'EST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN NOV 0 5 ZOO2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 68046680002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD O.F COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mitchell, Robert A 3465 Dorado Way Naples, FL 33942 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT 1 BLK H LOT 17 OR 1592 PG 1017 Folio No. 68046680002 Pr~ect No. 64000 Account No. 25373 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form R~)BER"I' Z~C~ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By JAMES N. COLETrA, CHAIRMAN NOV 0 5 200 EXECUTIVE SUMMARY,. T A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID ADOP COUNTY HAS RECEIVED WASTE RESIDENTIAL A_CC_O_UNTS WHEREIN ~HE=~ THE 1995 SOLID WASTE ENT AND SAID LIENS ARE SATISFIED IN FU,-,- ,,.,R PAYM ......... ,.,.,,.,~.A, CERVICES SPECIAL ASSESSMENTS. FISCAL COLLECTION ANU IMPACT IS $28.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $28.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Callis, Revenue Supervisor Utili~/Billing ~/~d Customer Service Reviewed by:. ?,~ ,' ~/. /~-''-''-'~ Aeresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: (~,-,~"~ k o,.~~.. J~l~n A. Yon't~y, Oi~ Approved by: ~ Jam~W. DeLony, P.E.//Administrator, ~.~.~iUtilities Divisi°r~ Date: \0t~,~!0~--,., Date: N0V 0 5 2002 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 41 42 43 I RESOLUTION NO. 2002- 2 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1995 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS 7 s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 adopted 10 Resolution No. 2000-236 authorizing the recording of notices of liens for the 11 delinquent solid waste collection and disposal services special assessments for 12 1995; and ]3 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in 14 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of 15 Collier County, Florida, which placed a lien on certain properties for the ]6 delinquent solid waste collection and disposal services special assessments for 17 1995; and ]8 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires ]9 the Board to approve by Resolution and record in the Official Records a 2o Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1504 Account No. 4925 Account No. 25166 I '~[IpOA IT£1~ ~ ~ I NOV O 200Z [ :.,.5 This Resolution adopted motion, second and majority vote. 6 ? DATED: s A'Iq'EST: 9 DWIGHT E. BROCK, CLERK lO 1! !2 !3 14 !5 Approved as to form and 16 I~: ]~..~ davi~' C, w~'igel zou Coun~ Aaomey this day of ,2002 BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN after ,AG~NOA ITC~ NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00127562308 SATISFACTION OF UEN. KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josudn, Nodilla PO Box 1421 Immokalee, FL 341431421 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 47 29 E 60FT OF S 102.53FT OF N 632.53FT OF W 190FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1401 PG 1391 Folio No. 00127562308 Project No. 65000 Account No. 1504 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO~ERf Z~ARY BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN NOV O 5 Z002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Immokalee Water & Sewer Dist 1020 Sanitation Rd Immokalee, FL 341424238 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 7 LOT 10 OR 2173 PG 41 Folio No. 25630320009 Pr~ect No. 65000 Account No. 4925 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufrmiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLE'FI'A, CHAIRMAN NOV 0 5; .= This instrument prepared by:, Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 64920680009 SATISFACTION OF UEN KNOW ALL MEN BY THESE PR .E~__ENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,~FLORIDA was the owner and holder of a certain Uen against: ~, Rice, Charles E Graciela C Gonzalez 1609 Lake Trafford Rd Immokalee, FL 341422605 The Lien was recorded on the 8~h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST LOT 8 OR 1468 PG 1838 Folio No. 64920680009 Project No. 65000 Account No. 25166 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, FIodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN NOV 0 5 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $46.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $46.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 6 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Call'is, Revenue Supervisor Utility Billing a~nd Customer Service Reviewedby: ///.~/ ~' ~ ~e'resa A. Riesen Revenue Manager Utility Billing,,anl ;~stomer Service Reviewed by: ~.,.~'~ -~~.~ J~h~, A. Yor~ ~, Oirec...q~to~ Utit~ Billing ~n~ I C~s~m.~ Service App roved by:~--~./~.~_ ~ x,~J~n~s W. DeLony, P~., Administrator, (.. lic Utilities Divisi6n Date: " /"-,"-It NOV 0 5 2002 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOUD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and \ WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2~08, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 17 1996; and is WHEREAS, Collier County Ordinance No. 90-30, as amended, requires t9 the Board to approve by Resolution and record in Official Records a Satisfaction .A 2o of Liens on all accounts that have been paid in full. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 23 County Ordinance No. 90-30, as amended the Board recognizes full payment 24 and receipt of the 1996 Service Year Solid Waste Collection and Disposal 25 Special Assessments for the following account numbered below, subsequent to 26 the adoption of Resolution No. 2000-237, whereupon a lien had been recorded 27 on real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby ~ approved and the Chairman is hereby authorized to sign on behalf of the Board 3o of County Commissioners, and the Clerk is directed to record this Resolution and 31 these Satisfactions of Lien individually in the official records of Collier County: 32 Account No. 1478 33 Account No. 4239 34 Account No. 5212 35 Account No. 5539 36 Account No. 24769 37 Account No. 26259 38 39 40 41 42 43 AG~NOA IT[II t ~.,_.~._~_~_~' NOV 0 5 2002 6 7 8 9 10 11 12 13 14 15 This Resolution adopted after this __ motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and David'C. VV~igel County Attorney day of , 2002, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN after ~1~)~ IT£1~ no. I~ a NOV 0 5 2O02 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 00127562308 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Josurin, Nodilla PO Box 1421 Immokalee, FL 341431421 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4 47 29 E 60FT OF S 102.53FT OF N 632.53FT OF W 190FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1401 PG 1391 Folio No. 00127562308 Project No. 66000 Account No. 1478 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ...... 2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLE3-rA, CHAIRMAN NOV 0 5 2002 ,5" _ This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 22621360000 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rahman, Mahabubur 4727 Orchard Ln Apt B Naples, FL 341126621 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: AVALON EST UNIT 1 BLK 1 LOT 41 Folio No. 22621360000 Project No. 66000 Account No. 4239 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RObER'i: Z.,~CHARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Immokalee Water & Sewer Dist 1020 Sanitation Rd Immokalee, FL 341424238 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 7 LOT 10 OR 2173 PG 41 Folio No. 25630320009 Project No. 66000 Account No. 5212 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETrA, CHAIRMAN Approved as to form and legal sufficiency NOV 05 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 26631200004 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Acosta Et Ux, Jose M 3950 Coconut Cir S Naples, FL 3410,!.-!.,!.12 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT GROVE UNIT 2 BLK D LOT 34 OR 335 PG 677 Folio No. 26631200004 Project No. 66000 Account No. 5539 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Rodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETrA, CHAIRMAN .o. 0 5 002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62254920000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,,FLORIDA was the owner and holder of a certain Lien against: ~ Robles, Juan B 5231 Mitchell St Naples, FL 341137867 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 6 LOTS 33 + 34 Folio No. 62254920000 Project No. 66000 Account No. 24769 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62783960007 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miner, Trevor Lisa Ermini 775 100th Ave N Naples, FL 341082239 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain ob!:~ations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 70 LOT 12 OR 1943 PG 1312 Folio No. 62783960007 Project Nc 66000 Account !',;~ 26259 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLE3-rA, CHAIRMAN AC~ f~A I T~# ~, N0V 0 5 200; p~. /0 EXECUTIVE SUMMARY APPROVAL OF CONTRACT S0055 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE IN THE ENHANCED SMALL QUANTITY GENERATOR PILOT PROGRAM AND NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $20,000 OBJECTIVE: To have the Board of County Commissioners approve a contract between Collier County and the Florida Department of Environmental Protection (FDEP). This contract will become effective October 1, 2002, until June 2, 2003. It will allow Collier County to participate in the Enhan~d Small Quantity Generator (SQG) Program Pilot Project that is designed to enhance the FDEP/Collier County hazardous waste generator compliance inspections within the county. CONSIDERATION: Since 1993, the Pollution Control & Prevention Department has been providing inspections of potential hazardous waste generators throughout Collier County under the approval of the Board of County Commissioners. FISCAL IMPACT: Total expenditures for the Enhanced SQG Program Pilot Project are estimated to be $20,000 and FDEP will reimburse the County for the work associated with it. Funds will be available in FY02/03 - Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: The approval of this contract will enable staff to meet with Objective 9.2 and Policy 9.2.1 of the Conservation and Coastal Management Element of the Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve this contract and the necessary budget amendment as outlined below: 1. Authorize the Chairman to sign the attached Contract S0055 with the Florida Department of Environmental Protection effective October 1, 2002. $20,000. Mar~ Comelisse Operations Supervisor Authorize the staff to process budget amendments in the amount of DATE: f Adflfinistrator Public Utilities Division I ~c~, n't. I ,-'x I I"°v o s zoo I [ I DEP AGREEMENT NO. S0055 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1799 OF THE 2002/2003 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is the Collier County Pollution Control Department, 3301 E. Tamiami Trail, Naples Fl. 33962 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide an enhanced Small Quantity Generator Assessment, Notification and Verification Program Pilot for Collier County. In consideration of the mutual benefits to be derived herefrom, thc Department and the Grantee do hereby agree as follows: 1. The Grantee docs hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which arc attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and thc terms "Grantee", "Recipient" and "Contractor", arc used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than June 2, 2003, inclusive. Thc Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. The final invoice must be submitted to the Department no later than June 15, 2003. 3. A. As consideration for thc services rendered by the Grantee under thc terms of this Agreement, the Department shall pay thc Grantee on a cost reimbursement basis in an amount not to exceed $20,000.00 toward thc total project cost estimate of $20,000.00. If thc Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, thc parties hereto agree to modify thc Project Work Plan-described in Attachment A to provide for the work that can be accomplished for the funding identified above. B. The Grantee shall complete thc Compliance Assistance Visit (CAV) Inspection Form (provided as Attachment B) in accordance with provisions set forth in Attachment A. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment C). In addition to the summary form, thc Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of thc transaction, voucher number, amount paid, and vendor name. AIl requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes. D. In addition to the invoicing requirements contained in paragraph 3.C. above, the Department will periodically request proof of a transaction {invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post* audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher N 0 5 200 . DEP Agreement No. S0055, Page 1 of 4 PG. ~'~ The State of Florida's performance and .obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. . The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. For purposes of this Agreement the final progress report and invoice shall be submitted no later than June 15, 2003 to assure the availability of funding for fmal payment. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained ~erein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill an~;of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30~[ calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable provisions contained in Attachment D. A revised copy of Attachment D, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. If the Grantee fails to receive a revised copy of Attachment D, Exhibit-I, the Grantee shall notify the Department's Grant Development and Review Manager at 850/245-2361 to request a copy of the updated information. I1. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Deparunent's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subeontmctor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely hable to the subcontractor for all expenses and liabilities incurred under the subcontract. Bo DEP Agreement No. S0055, Page 2 of 4 The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities, l NOV 0 5 2002 PG. 12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 14. The Department's Grant Manager for this Agreement is identified below. Glen Perrigan Florida Department of Environmental Protection Division of Waste Management 2600 Blair Stone Road, MS 4555 Phone: (850) 245-8749 Fax: (850) 245-8811 glen.perrigan~dep.state.fl.ns I5. Thc Grantee's Grant Manager for this Agreement is identified below. Ray Smith Collier County Pollution Control Department 3301 E. ~I amiami Trail Naples, Florida 33962 Phone: (~z '~ ) 732-2502 Fax: (94i ~ -74-9222 raysrmtt~ ~, :~ii~crgov.net 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is s',:i'-. ~.~:-:: ~zted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance ior all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Sue}: self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation: law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other at*yropriate forms of insurance. The Department shall have no hability except as specifically provided in this Agreement. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 21. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to in performance of this Agreement. / #0. DEe Agreement No. S0055, Page 3 of 4 I An entity or affiliate who has been placed on thc discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases o£ real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Manag~nent Services, Office of Supplier Diversity, at 850/487-0915. 23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, thc parties have caused this Agreement to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: James N. Coletta, Chairman Commissioner District 5 Secretary or designee Date: ~ Date: Approved as ro rvrm & legal suff±ctency Assistant County' ~ttorney DEP Grant Manager DEP Contracts Adm/nistratdi' Approved as to form and legality: Attorney FEID No.:59-6000558 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Attachment B Attachment C Attachment D Project Work Plan (4 Pages) CAV Inspection Form (4 Pages) Payment Request Summary Form (1 Pa~e) Special Audit Requirements (5 Pages) DEP Agreement No. S0055, Page 4 of 4 AC~NDA IT(~ N0V 0 5 2002 PG. ATTACHMENT A PROJECT WORK PLAN The following program elements are described to support the proposed expenditure of Grant funds for the Grant period of Agreement Execution through June 2, 2003: SQG ASSESSMENT, NOTIFICATION AND VERIFICATION PROGRAM The Grantee shall conduct the Small Quantity Generator (SQG) Assessment, Notification and Verification program in accordance with Sections 403.7225, 403.7265(9), 403.7234 and 403.7236, Florida Statutes (F.S.). Updated data on small quantity generators notified and verified during the previous year in Collier County will be submitted to the FDEP in an approved format, per guidelines in 403.7226, F.S., no later than June 2, 2003. As part of this pilot project the Grantee shall verify the management practices of at least ten (10)percent of its small quantity generators each year. COUNTY ENHANCED SQG PROGRAM The purpose of the Enhanced SQG Program is to establish methodologies and protocol, whereby other counties and Florida Department of Environmental District Offices can work more efficiently as a team. The goal being the protection of residential and environmental health, safety and welfare through a more structured County/State hazardous waste inspection and compliance assistance prograrc~ A. Compliance Assistance Visits (CAV) 1. The Grantee will conduct 222 hazardous waste generator compliance assistance visits (CAV) between Agreement execution date and June 2, 2003. The Grantee will select facilities to receive CAV from complaints, County Assessment Roll and the DEP Notifier Database for Collier County that will include, but not limited to, the following business types within the following 2 digit SIC codes: Rental businesses: (e.g. construction equipment, trucks, agricultural equipment etc.) 73, 75, and 76 Construction trade: (e.g. general contractors, builders, demolition, excavation, painters) 15,17 Furniture Refinisher: 76 Cabinet manufacturers, wood shutters: 17, 57, 24, 25 Between 35 to 50 of the 243 facihties inspected that were in compliance or brought back into compliance during the first phase of this pilot project (HW484) will be chosen at random for reinspecfion by Collier County to evaluate county program efforts. The Grantee will examine compliance rates and business management practices compared to the baseline year. These reinspecfions will be part of the 222 total CAV inspections. At a minimum, the five most common RCRA secondary violations (accumulation time, container management, waste determination, used oil management, and emergency management) will be closely monitored during each CAV visit. The Grantee will conduct their CAV using a combined Department and Collier County on site draft CAV form (Attachment B). A copy of the completed CAV form, as well as other types of literature, will be left with the facility at the conclusion of the inspection. DEP Agreement No. S0055, Attachment A, Page I of 4 NOV 0 § 2002 PC.,. ¢~ Bo The Grantee will distribute "Notification..of Regulated Activity Form 8700-12" to all regulated non-notifiers that become 'known to the Generator. These forms are to be filled out by the generator and mailed to DEP headquarters. A list of non-notifiers encountered will be provided to the dislxict office as specified in item AS. All regulated SQGs encountered will have EPA ID numbers entered into the SQG Database. The Grantee will respond to complaints by performing a complaint investigation, documenting actions taken utilizing the CAV form, and maintain copies of all complaint information in the appropriate facility file. Complaint responses shall count as a CAV inspection. Facilities found with "minor questionable management practices" will be asked to correct those problems and to provide written documentation back to Collier County indicating their return to compliance. Those facilities that have "major questionable management practices", not providing requested documentation, or found to be in non-compliance during any follow- up CAV will be referred to the Department for follow-up which may include enforcement actions. The Grantee shall provide written or electronic notification of the referral to the South Dislxict's Hazardous Waste Program Manager and the Department's Grant Manager. The South District office will receive and respond to referrals by the Grantee within 3 working days. A time schedule for follow-up inspections (if needed) by the District will be determined and coordinated with the Grantee. The Grantee will submit I copy of the CAV form preferably by e-mail, otherwise by mail, to the FDEP, South District Office, P.O. Box 2549, Fort Myers, FL. 33902-2549 on Friday of each workweek. If the CAV form submittal date falls on a holiday then the CAV forms will be delivered on Thursday or the day before if that day is also a holiday. The South District Office will, via e-mail on each Friday, identify those facilities that DEP has inspected the previous week and any projected inspection to be done in the coming week to Grantee. 10. The South District Office Hazardous Waste Program Manager will be available to the Grantee for technical assistance. 11. The South District Office and the Department will make every effort to include the Grantee in all training events, hold monthly teleconferences to discuss the progress of the Grant program and provide available pamphlet guidance on regulations or hazardous waste management. 12. The Grantee will submit to the Department a final draft CAV form and handout literature at the end of the Agreement. The Department xvill assist the Grantee to modify the draft CAV form and delineate minor and major questionable management practices similar to significant and minor violations as defined in the Department's "Hazardous Waste Civil Enforcement Response Policy, 3/15/96". Training and Support The Department will continue to train the Grantee on conducting CAV. This will include a combination of classroom and field training as needed and determined by the Department. Additionally, the Department will conduct a select number of random oversight inspections of businesses that have received CAV by the Grantee to evaluate Grantee performance and provide additional training feedback. The Department will modify the SQG Data Management System (SQGDMS) to include an additional screen(s) and reports to be used to manage CAV. The Department will provide database training for entering this data into the SQGDMS. All CAV inspection data shall be entered by the Grantee into the SQGDMS. DEP Agreement No. S0055, Attachment A, Page 2 of 4 //,e.. {c,~ 2002 Co Final Reports The Grantee will provide the following final reports approved by the Department at the end of thc Agreement period: 1. A revised CAV Inspection Form. A revised Standard Operating Procedure for conducting the CAV including a revised operating procedure for FDEP/County coordination of the County Enhanced SQG Program. 3. A summary report that contains the following information: a. Number of County Inspections by business type as identified in item A. 2. b. Number of businesses in compliance by business type as identified in item A. 2. c. Number of businesses out of compliance by business type as identified in item A. 2. d. Number of businesses brought back to compliance (include any follow-up site visits) by business type as identified in item A. 2. e. Number of businesses referred to the District office by business type as identified in item A. 2. f. Evaluation of the reinspections to determine program effectiveness as specified in A. 3. g. Type of violations found (Miaor vs. Major) including the number of minor violations by type, including the five listed in A. 4. h. Time and cost required for each inspection by business type as identified in item A. 2. i. All facility specific information will be organized by the unique SQGDMS facility ID number. Estimated Budget Human Resources Field Work: (Environmental Specialists will perform onsite CAVs, follow up inspections, respond to program related pollution complaints, prepare written compliance correspondence, participate in State RCRA training and all required communication with South District FDEP staff.) Estimated Cost Project Hours Hourly Wage Cost/Inspection CAV Inspections: 1.5 $17.13 $25.70 CAV Follow up: 0.5 $17.13 $ 8.56 CAV Correspondence: 0.5 $17.13 $ 8.56 Total 2.5 $17.13 $42.82 (222 Inspections)$42.82/Inspection = $9,506 THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0055, Attachment A, Page 3 of 4 .o. NOV 0 5 2002 Project Management: Includes all administrative work necessary to properly implement the contract, which includes purchasing all needed supplies, data tracking, communication, review, reporting, and preparation of the deliverables. Position Total Hours Hourly Wage Cost Acting Director 24 $32.43 $ 778 Senior Project Manager 96 $28.85 $2,770 Clerical Supervisor 36 $23.08 $ 831 Secretary 264 $12.68 $3,348 Total = \ $7,727 Note: Indirect overhead costs are not included due to the fact that the state has limited contract revenue availabll[($20,000). Collier County will pay indirect overhead costs associated with this program. !" Human Resource Cost = $17,233 Other Direct Cost Estimated Cost CAV Form Printing $ 600 Hand Out Printing $ 500 Copying $ 217 Mail $ 250 Travel for Training $1,200 Other Direct Costs = $2,767 The total cost for performing the Enhanced SQG Pilot Program is listed as follows. Human Resource = $17,233 Other Direct Costs = $ 2,767 Total Cost = $20,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0055, Attachment A, Page 4 of 4 NOV 0 5 2002 ATTACHMENT B CAV INSPECTION FORM COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPARTMENT HEALTH & COMMUNITY SERVICES, BLDG. HI3R° FLOOR 3301 E. TAMIAMI TRAIL, NAPLES, FL. 34'112 TEL: (239) 732-2502 FAX: (239) 732-2574 SMALL QUANTITY GENERATOR ON-SITE INSPECTION FORM Facility lDO: Date Entered: Letter:. Y N Letter Mailed (Date)i" Notice Left at Site (Date): Entered By: Telephone Calls (Dates): Telephone Date (Occupational License Dept): Pollution Complaint: - INSPECT. #: INSPECTOR'S INITIALS: EPA# REQUIRED: YES NO~ FACILITY INFORMATION: · FACILITY NAME: STREET ADDRESS: CITY, STATE, ZIP CODE: MAILING ADDRESS: PROPERTY: OWNED BY: LATITUDE: FACILITY OWNER/MANAGER: FACILITY CONTACT: FACILITY PHONE #: NO. YEARS: SITE INFORMATION: WATER SUPPLY: BRIEF DESCRIPTION OF SITE: OB N NP DATE:. SiC CODE: EPA #:: TIME IN/OUT / TIME TAKEN FOR INSPECT.: TYPE OF BUSINESS: FIRE DISTRICT/INSPECT.: LEASED BY: LONGITUDE: TITLE: MANAGED BY: ALT. PHONE/FAX/PAGER#: NO. OF EMPLOYEES: PREVIOUS USE IF APPLICABLE: SEWAGE: DRAIN(S): M CESQG SQG* LQG* No N/A ~ PG.., lO ~ lft~ facility is "Out of Business", does it warrant FDEP Notification? ............................... Yes __ ~. _L FIELD PROTECTION ZONE LOCATED: W-1 ~ W-2~ W-3 ~ (*IF SQG or LQG WELL FIELD LOCATION IS REQUIRED.) COMPLIANCE: YES~ 4.) W-4 NO DEP Agreement S0055, Attachment B, Page 1 of 4 o 5 ~o~ A hazardous ! solid waste compliance inspection was made o~ this date, to determine your facility's compliance with Chapter 403 & 376, F.S. and Chapters 62-710,711,730,737,761, Florida Administrative Code (F.A.C.) Portions of The United States Environmental Protection Agency's Title 40 Gode of Federal Regulations (C.F.R.) 260 - 27g have been adopted by reTerence in the state rules under Chapters 62-730 and 62-'/'10, F.A.C. the following potential items of non-compliance were identified by the inspector(s). Th GENLRAL HAZARDOUS WASTE (HW) REQUIREMENTS STORAGE TANK SECONDARY CONTAINMENT Failure to ensure delivery of HW to proper HW facility § 261.5 Failure to provide hn?ardous waste determination § 262. I 1 Facility cxceeds 90/180-day time limit § 262.34 '-'] Failure to notify as generator § 262.12 "] Failure to usc a manifest or reclamation agreement § 262.20 -'] Failure to handle to prevent breakage 62-737.400(5) -'] Failure to provide personal training § 265.16, 262.34 --] Evidence of release(s) of § 265.31 USED OIL/FILTER REQUIREMENTS [] Failure to label used oil filter drums 62-710.850(6)(a) '-] Failure to label containers § 279.22 '-~ Failure to Respond to releases § 279.22 '"] Failure to document used oil disposal § 279.10 [] Drain valves open 62-761.700(3)(a)3 [] Incomplete containment structure 62-761.700(3)(c) OTHER RULES [] Secondary Containment Dry Cleaning Statute 376.3078(7) [-'! Discharge of a pollutant, 403.161, F.S. [] Exceeds Tire Storage, 62-71 !.300 FACILITY HW RECORD KEEPING: HW CONTAINER MANAGEMENT: [] Undated containers § 262.34(a)(2) [] ContingcnccPlan § 262.34 [] Weekly inspections § 62-730.160 [] Information not posted § 262.34 [] Authorities not notified § 262.34 [] Manifest § 262.40, 262.44 [] Training records § 262.34 [] Leaking / bulging 265.171 FI Open containers § 265.173 [] Inadequate aisle space § 62-730.160 SAA issues 262.34(c)(1) [] Unlabeled containers § 262.34(a)(3) MATERIALS PROVIDED to assist in regulatory compliance and best management practices --] DEP Small Quantity Generator Handbook [] DEP HW Regs. For CESQG '"] DEP Summasaj of HW Regulations [] DEP HW Regs. For SQG -'] EPA 8700-12 Document [] List of HW/TJscd Oil Transporters '-1 Florida Automotive Recyclers Handbook [] Antifreeze Recycling Vendors --] Request for Status or Info Change [] Env. Labs '-] Antifreeze for Recycling / Waste Antifreeze Fact sheet '-I Fluoresomt lamps/mercury Containing Devices Fact Sheet [] '-'1 Summary of Used Oil / Used Oil Filter Regulations Fact sheet [] Other. DEP Guides ~ Printers [] Printed Wiring Board [] Fiber-Reinforced Plastic Mfrs. [] Laboratories -'] Photo Shops [] Furniture Refinishers [] Automotive Pcpair [~] Dry Cleaners '='] Pharmacies [] Paint & Body Shops [] Managing Hg at Med. Facilities [] Does the facility mix solid waste with a hazardous waste ~r hazardous waste with used oil? (261.5) /t.,-~'glaterial Safety Data Sheets available for all chemicals being used at the facility? ............. Is ,,,e complete chemical list available? ...................................................................... Does the facility have a Collier County Occupational license? ........... ~-~il~'l~'t';; ....... *If Yes, License Number: DEP Agreement S0055, Attachment B, Page 3 of 4 [] Env. Consultants [] E.R. Cleanup Contractors [] Spill Avoidance & Response Procedures [] P2 Pamphlet Computer, TV, Electronic Fact Sheet & Recyclcrs Environmental Reg. & the Agriculture Industry [] [] ..Yes No ._ NIA _Yes No ~NIA Yes , No N/A Yes N'~- N/A! N0.~ ' ' NO¥ 0 5 2002 l PG. NOTES/OBSERVATIONS EQUIPMENT/TOOLS:. CAY'INSPECTION FORM PRODUCTS:. QUESTIONABLE CONTAINERS: ENVIRONMENTAL CONCERNS: The owner/operator is requested to submit in writing within 3~ day~ of this inspection the following: 1) A description of all corrective actions taken. 2) A schedule for completion of corrective action to be take~ 3) A description of efforts to prevent recurrence of the aboveittems RECOMMENDATIONS: if you have any questions, please contact Inspector (signature) Date: The undersigned person acknowledges that he/she received a copy of this summary. Signature: Printed Name Title: Date: OWNER/OPERATOR COMMENTS: at (239) 732-2502 DEPARTMENT USE ONLY: MA M! DEP Agreement S0055, Attachment B, Page 4 of 4 BB F/u NOV 0 5 200 ATTAC~IMENT C PAYMENT REQUEST SUMMARY FORM GRANTEE: GI~NTEE'S GRANT MANAGER: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTED:$ PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITIYRE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENTS MATCHING FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: Planning $ $ $ Design $ S Construction $ $ $ Construction Related Costs $ $ Equipment Purchases $ $ $ Supplies/Other Expenses $ $ $ Land $ $ $ Overhead $ $ TOTAL REQUESTED $ $ S TOTAL GR,4NT A GREEMENT Less Total Cumulative Payments of: TOTAL REMAINING IN GRANT GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by thc Department of Environmental Protection (which may be referred to as the "Department~, "DEP; "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreetnen0 may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted~u accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include?' but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to contply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of~he recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This pan is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be ia accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance xvith the provisions OMB Circular A-133, as revised, will meet the requirements of this part. o In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). DEP Agreement No. S0055, Attachment D, Page I of 5 The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at hrtp://'aspe.os.dhhs.gov/cfda. AGI~ND A I'll. ,~ NOV 0 5 200Z PG. 15' PART II: STATE FUNDED This part is apphcable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with thc requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300.600 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the co>: of such an audit must be paid from recipient funds obtained from other than State entities). For information regarding the FlorX]a Single Audit Act, including the Florida Catalog of State Financial Assistance (CSFA), a recipie::, si~ould access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsa.~' for assistance. In addition to the above website, the following websites may be accessed for informat~::. Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.corn/, Department of Banking and Finance's Website http://www.dbf, state.fl.us/aadir/F SAA Index.html, and the Auditor General's Website http://sun6.dms.state.fl.us/audeen. PART IH: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m). ?lorida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for fi~nding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: DEP Agreement No. S0055, Attachment D, Page 2 of $ AGe, NO& ITC~q /kc. NOV 0 5 200 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Bo The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Co Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Deparmaent of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0055, Attachment D, Page 3 of 5 NOV 0 5 2002 Copies of reports or management letters required by, PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Depashnent of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted finely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. o Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Depmtment of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0055, Attachment D, Page 4 of 5 AGENO&' NOV 0 5 200Z EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT FOR WATER MAINS LOCATED LAPLAYA GOLF CLUB PROPERTY, AT A COST NOT TO EXCEED $600. WITHIN OB,,IECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida, accept a utility casement from LaPlaya. Golf Club for two water mains which service the Palm River Country Club community. '\ CONSIDERATIONS: In May 2001, major renovations were made to the Old Palm River Golf Course, now kno~n as LaPlaya Golf Club. During the renovation, two old County-owned asbestos water malns were discovered and replaced by LaPlaya Golf Club in accordance with County specifications. Research indicates that there are no recorded easements for these two water mains, so LaPlaya Golf Club has agreed to grant easements at this time giving the County the proper authority to operate, access and maintain the water mains. FISCAL IMPACT: The cost of securing the easement should not exceed $600.00. This includes title commitment, recording fees, documentary stamps and title policy. These costs will be expended from the County Water/Sewer Operating Fund 408, which is funded by user fees. GROWTH MANAGEMENT IMPACT: This project is needed to continue service to the Palm River Country Club community and is consistent with the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: 1. Approve and accept the utility easement once it has been received and approved by the County Attorney's Office and the Water Distribution Department; 2. Authorize its Chairman to execute any and all documents related to this project and such other documents necessary for clearing title; and 3. Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts the easements and any and all necessary documents (once approved by the County Attorney's Office) for clearing title in the Public Records of Collier County, Florida. 0 5 EXECUTIVE SUMMARY LaPlaya Golf Club Water Main Page 2 PREPARED BY: REVIEWED BY: Toni A. Mott, Property Acquisition Supervisor Property Acquisition & Construction Management Facilities Management Department Charles E. Carrington, Jr.,n3R/WA,ki(/lanag Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~kip'Ca/ni~ (.-!F~l, Director Facilities Mam~ ~,ement Department DATE:/OA 2~d c, REVIEWED BY: ~,.~', . Pamela Libby, Distributio~ ~upervisor Water Distribution Depar{ment Paul Mattausch, Water Director Water Distribution DepQ~t Ja es W. DeLony, P.E. Administrator ~--~'~iic Utilities Division DATE: DATE: EXECUTIVE SUMMARY APPROVAL OF A SECOND AMENDMENT TO LEASE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY TO EXTEND THE LEASE TERM FOR THE NAPLES TRANSFER STATION PROPERTY AT A FIRST YEAR ANNUAL RENT OF $36,384. OBJECTIVE: Approval of a Second Amendment to Lease Agreement with the City of Naples Airport Authority to extend the term of the lease for property housing the Naples Transfer Station. CONSIDERATIONS: The County currently leases approximately 150,000 square feet of land at the City of Naples Airport for the Solid Waste Department's Naples Transfer Station. The attached Second Amendment to Lease Agreement extends the lease term for two additional years beginning October 1, 2002, and ending on September 30, 2004. The first year's annual rent of $36,384 reflects the previous year's rent increased by the Consumer Price Index. The rent for the second year of the renewal term shall also be increased pursuant to the Consumer Price Index. The remaining terms and conditions of the original Lease Agreement remain in full force and affect. The Airport Authority was responsible for preparing the Amendment, but was unable to do so prior to the September 30, 2002, expiration date of the then current lease term. Staff has therefore prepared the attached Second Amendment to Lease Agreement and secured approval from the County Attorney's office as to form and content. FISCAL IMPACT: The first year's annual rent of $36,384 will be paid in equal monthly installments of $3,032, which will be withdrawn from the Solid Waste Disposal Fund (470). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Second Amendment to Lease Agreement with the City of Naples Airport Authority and authorize its Chairman to execute same. PREPARED BY..f / ,,~'~4~.~,~.~./~ /~' ~,-~/~_ ~ DATE: /6 .~ ..~-,~ -'~ ~<' -Michael H. Dowling, Propel~t~anag~ment Specialist Property Acquisition & Construction Management Facilities Management Department NO¥ 0 5 200Z / EXECUTIVE SUMMARY Lease with City of Naples Airport Authority Page 2 REVIEWED BY: charles E Carrington, Jr., S~,J~VA, kt~anager Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~ ~ Skip Camp, CFM, Director Facilities Management Department DATE: REVIEWED BY: (~eorge~ilmaz, Ph.D., Director Solid Waste Department //~-~nJes _W_. Delony, P.E., Ad _~nistrator (.~~lic Utilities Administrgtion DATE: DATE: NOV 0 5 2002 Lease #250 SECOND AMENDMENT TO LEASE AGREEMENT lis SECOND AMENDMENT TO LEASE AGREEMENT entered into this day of 2002, at Naples, Collier County, Florida by and between City of Naples Airport Authority, whose mailing address is 160 Aviation Drive North, Naples, Florida 34104, hereinafter referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement ("Lease Agreement") dated October 21, 1999 and a First Amendment to Lease Agreement dated February 21, 2002; WHEREAS, the LESSEE and LESSOR are desirous of amending that Lease Agreement and First Amendment to Lease Agreement; and NOW. THEREFORE, in consideration of the covenants and agreements provided within the said Lease Agreement dated October 21, 1999 and First Amendment to Lease Agreement dated February 21, 2002, and Ten Dollars ($10.00) and other valuable consideration, the Lease Agreement and First Amendment to Lease Agreement are hereby amended as follows: 1, The following provision is added to Article I of the Lease Agreement: If this Lease is not terminated or expired by September 28, 2002, this Lease shall renew automatically for one (1) additional term of two (2) years· The monthly rent commencing as of October 1, 2002 shall be $3,032 and will be increased in September 2003 pursuant to the terms outlined in the Lease Agreement, for the second year's rent of the renewal term. 2. Except as expressly provided herein, the Lease Agreement remains in full force and effect according to the terms and co.~ditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease ,~,greement the day and year first above written. AS TO THE LESSOR: DATED:. Witness (signature) (print name) Witness (signature) (print name) NAPLES AIRPORT AUTHORITY BY: Chairman Print name AS TO THE LESSEE: DATED: Al'rEST: DWIGHT F_.. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA FOR COLLIER COUNTY, FLORIDA BY: JAMES, N. COLETTA, Chairman ~ \pproved as to form and legal sufficiency: · Tl~omas C. Palmer Assistant County Attorney, Collier County Approved as to form and legal sufficiency: City of Naples Airport Authority NOV 0 5 2002 EXECUTIVE SUMMARY APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH CARLTON LAKES, L.L.C., TO EXTEND THE LEASE TERM FOR AN ADDITIONAL ELEVEN MONTHS FOR A TOTAL REVENUE OF $8,400. OBJECTIVE: Approval of a First Amendment to Lease Agreement with Carlton Lakes, L.L.C. (Tenant) extending the lease for eleven months. CONSIDERATIONS: Since January 2000, the County has leased approximately 14,000 square feet of land located at the northeast comer of the intersection of Immokalee and Livingston Roads to the Tenant for placement of a mobile sales center. The current Lease ends on January 29, 2003, and the Tenant is requesting that the Lease be extended to December 31, 2003. With the construction of Livingston Road beginning in the near future, the Amendment gives the County the right to cancel the Lease at anytime and to require the Tenant to alter its sales center entrance should a conflict exist. FISCAL IMPACT: The $8,400 in revenue will be paid in full in advance and be deposited into the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with Carlton Lakes, L.L.C., and authorize its Chairman to execute same. PREPARED Michael H. Dowling, Prop~erty)Vla~ gement Specialist Property Acquisition & Con~'gfruction Management Facilities Management Department By:~~ ~ ~(~Al ~ Jf0V~'~-'- DATE: REVIEWED Ch'a~-les E. Carrington, jr., S~VA, ~anager Property Acquisition & Construction Management Facilities Management Department T ~ A'G~NOA IT£M .o. /a_ a. I% NOV 0 5 2002 ~o, ! First Amendment to Lease Agreement with Carlton Lakes Page 2 REVIEWED By:,~<.~' ,--~ ~,¢~e ~-~'~- ~ ~'~ ~<,~ Skip Camp, CFM, Director Facilities Management Department DATE: REVIEWED BY: . .~~~ Jo~(.~ph Chea~ham, .Director Wastewater vepartment Jan)es W. Delony, P.E., admini~rator ~..~~lic Utilities Administration DATE: DATE: ~o. lb C.~ NOV 0 § 2002. FIRST AMENDMENT TO LEASE Lease #863 THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of ,2000, at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Carlton Lakes, LL.C., a Florida limited liability company, whose mailing address is 6025 Carlton Lakes Boulevard, Naples, Florida 34110, hereinafter referred to as "LESSEE". WITNESSETH WHE~, the LESSEE and LESSOR have previously entered into a Lease Agreement dated January 11, 2000 which was assigned by way of an Assignment of Lease dated March 15, 2002; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW t-~-IERF~ORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. Article 2 of the l~ase Agreement is deleted in its entirety and replaced with the following: LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on January 30, 2000 and ending January 29, 2003. LESSEE is granted the option, provided it is not then in default of any of thc terms of this Lease, to renew same for an additional eleven (11) months making the termination date December 30, 2003. LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to either party at the address set forth in ARTICLE 13 of this Lease. Said notice period shall become effective upon receipt of written notice by the party. 2. Except as expressly provided herein, this Lease Agreement between Collier County and Carlton Lakes, L.L.C. for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES N. COLETTA., Chairman AS TO THE LESSEE: DATED: Witness (Signature)_ (Print Name) Witne0 (Signatnm) (Print Name) Approved as to form and leg.al sufficiency: ~omas d.'galmer ' - Assistant County Attorney CARLTON LAKES, L.L.C. Print Name n0. 1/o I ~ NOV 0 5 200 . EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $6.00 TO RECORD THE LIEN. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien have been made. The County ^ttorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's sewer impact fee fund by $69.18. The fiscal impact for recording this satisfaction of lien is approximately $6.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. .0. NOV 0 § 2OOZ ~,~. I Prepared by: Pam Callis, Revenue Supervisor UtilityiBilling ar)~l Customer Service Reviewed by: na er T~resa A. Riesen, Revenue Ma g Utility Billing and Customer Service Reviewed by: Jol~f~. ~'o-~, Dire/c.,tO~ Utiti~ Billing and Cust_or~er,~e~e Approvedb~ ~c.~ ~~ ,trator ....--'~'J~m~'~; W. DeLony, P.~., Adm/~is , Date: Date: t'©/i, ~:f© ~ Date: ZZ ~~---~ I~ 0V 0 5 200Z EXHIBIT "A"SATISFIED 1. Francisco and Paula Obregon, securing the principal balance of sixty nine dollars and eighteen cents ($69.18). Folio #68341600004 NOV 0 5 2O02 This iristrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: \ FRANCISCO AND PAULA OBREGON 42 Moon Bay Street Naples, FL 34114 The Lien was recorded on 10TM day of November, 1999, in Official Record Book 2610, Page(s) 1857, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Sixty Nine Dollars and Eighteen Cents ($69.18), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOT 42, PORT-AU-PRINCE, ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 13, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 68341600004 Collier County, a political subdivision of the State of Florida, and the Collier Cou, Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN'I'Y WATER-SEWER DISTRICT JAMES N. COLETTA, CHAIRMAN NOV 0 5 2002 Pi;. ~ , EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $33.00 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman t° execute satisfactions for agreements to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water and sewer impact fee funds by $4,554.18. The fiscal impact for recording the Satisfaction of Liens is approximately $33.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. NOV 0 5 PG. Prepared by: Pam CallisxRevenue Supervisor Utility Billit~g and Customer Service Reviewed by: Te~c~sa A. Riesen, Revenue Manager Utility _Billing and Customer Service Reviewed by: ~ ~~ ~~ Joh~~, ~. ~0nk~'~e~ Utility~illing and. Cus~rffp¢ Service Approved bY: ~'~ Z--~ ~ __ -.~am~ W. DeLony, P.E~ Administrator, c Utilities Division ~ Date: \~\ ~\ ~'~ Date: Date: Date: EXHIBIT "A"SATISFIED Anthony Bemosky, and Phyllis Anderson, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio g48485640005 Tommie Jean Costa, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68340920002 Larry N. Meeler, and Donna M. Meeler, husband and wife, as an estate by the entirety, securing the principal balance of one thousand four hundred sixty five dollars and no cents ($1,465.00). Folio #71320920006 Bruce W. Kriegel, and Dana D. Kriegel, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48482320001 NOV 0 5 2002 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-S400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: \ Anthony Bernosky and Phyllis Anderson Husband and wife VV~0.' se mailing address is 1~ 82 Harmonsburg Road Meadville, PA 16335 Bearing the date of the 7th day of September, 1999, recorded in Official Record Book 2589 Page(s) 0883, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NUMBER G-307, OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 THROUGH 224, INCLUSIVE, AND AS AMENDED, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOUO NUMBER: 48485640005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Uen in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of. ,2002. AGENt)& ITC# ' N0V O 5 ZOOZ ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAMES N. COLETTA, CHAIRMAN NOV 0 § 2002 Prepared by: Robert Zachary Assistant County Attomey Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Tommie Jean Costa Whose mailing address is 22 Ocho Rios St. Naples, FL 34114 Bearing the date of the 4th day of May, 1999, recorded in Official Record Book 2542 Page(s) 0832, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EAST ~/~ OF THE EAST 1/2 OF THE NORTHWEST ~/~ OF THE SOUTHWEST 1/,. OF THE SOUTHEAST lA, LESS THE NORTH 30 FEET AND THE SOUTH 510 FEET, SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, WITH THE WEST 60 FEET OF SAID LAND RESERVED FOR A PUBLIC EASEMENT. SAID PROPERTY IS ALSO KNOWN AS LOTS 22A AND 22B OF PORT-AU-PRINCE PROPERTY THAT IS DESCRIBED IN THE INSTRUMENT RECORDED IN O.R. BOOK 505, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WHICH SAID PROPERTY WAS ERRONEOUSLY DESCRIBED AS LOT 21 AND 21A OF PORT-AU-PRINCE MOBILE HOME. SUBDIVISION. FOLIO NUMBER: 68340920002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier county, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County commissioners of collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~. day of ,2002. NOV 0 5 002 ATTEST: DWIGHT E, BROCK, CLERK Approved as to form and legal suffi ' ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAMES N, COLETTA, CHAIRMAN Prepared by:. Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Larry N. Meeler and Donna M. Meeler husband and wife, as an estate by the entirety Whose mailing address is 123 Royal Cove Ddve Naples, FL 33963 Bearing the date of the 12th day of February, 1997, recorded in Official Record Book 2282 Page(s) 2320, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Four Hundred Sixty Five Dollars and No Cents ($1,465.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 23, ROYAL COVE UNIT 2, AS RECORDED IN PLAT BOOK 11, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 71320920006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier county, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAMES N. COLE'I-FA, CHAIRMAN NOV 0 5 2002 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLUER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Bruce W. Krieget and Dana D. Kriegel Husband and wife Whose mailing address is 1022 Manatee Rd. #D101 Naples, FL 34114 Bearing the date of the 29th day of June, 1999, recorded in Official Record Book 2563 Page(s) 3366, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,1 80.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT D-101, GULF WINDS EAST CONDOMINIUM, UNIT 1, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 508 AT PAGES 165 THROUGH 224, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, AND ALL AMENDMENTS THERETO, TOGETHER WITH ALL APPURTENANCES TO THE UNIT INCLUDING THE UNDIVIDED SHARE OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 48482320501 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Uen in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Off'mio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Uen, by action of the Board this. day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RO~RT ~RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $180.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recOrded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $180.00 and will be charged to MSTD General Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 2002 Prepared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: //~_~'~ ~ ~/~', //~'-' ------ Te~,eSa ~. ~iesen, Revenue Manager ~tili~ Billing and Custo~r Se~ice ~o~.~on~o~,~ec~ Approved by;/~/~~~~ t r -~ Jam~s W. DeL~ny, P.¢, Administra o, ~ ~ uti,ti~s Divi~io~ Date: Date: //////¢ Date: \0/\ °~?- Date: NOV 05200Z I EXHIBIT "A" 1. Alphonso Campbell, Folio #2563032000/9, Lot 10, Block 7, Carson's Subdivision. 2. Folio #25630320009 Lot 10, Block 7, Carsons Addition. 3. Folio #25630320009 Lot 10, Block 7, Carsons Addition. 4. Folio #25630320009 Lot 10, Block 7, Carsons Addition. 5. Folio #25630320009 LOt 10, Block 7, Carson's Addition. 6. Folio #25630320009 Lot 10, Block 7, Carsons Addition. 7. Folio #25630320009 Lot 10, Block 7, Carson's Addtition. 8. Gentile, Andrew C, Folio #35758360009, Lot 16, Block 35, Golden Gate, Unit 2. 9. Lee, Daniel Thomas, & Donna M, Folio #35648120003, LOt 10, Block 13, Golden Gate, Unit No. 1. 10. Lee, Daniel Thomas, & Donna M, Folio #35648120003, Lot 10, Block 13, Golden Gate, Unit No. 1. 11. Lee, Daniel Thomas, & Donna M, Folio #35648120003, Lot 10, Block 13, Golden Gate, Unit No. 1. 12. Lee, Daniel Thomas, & Donna M, Folio #35648120003, Lot 10, Block 13, Golden Gate, Unit No. 1. 13. Owner-Builder Alliance, Inc., Folio #54670001485, Lot 64, Leawood Lakes. 14. Owner-Builder Alliance, Inc., Folio #54670001485, Lot 64, Leawood Lakes. 15. Owner-Builder Alliance, Inc., Folio #54670001485, LOt 64, Leawood Lakes. 16. Owner-Builder Alliance, Inc., Folio #54670001485, Lot 64, Leawood Lakes. 17. Polanco, Albert & Denise, Folio #53125000505, Lot 10, Kirtland Pines. 18. Willie Mae Postelle, Folio #25630920001, Lot 17, Block 8 of Carson's Addition. Alphonso Campbell, Alphonso Campbell, Alphonso Campbell, Alphonso Campbell, Alphonso Campbell, Alphonso Campbell, 19. Willie Mae Postell, Folio #25630920001, Lot 17, Block 8 of Carson's Addition Subdivision. 20. Willie Mae Postelle, Folio #25630920001, Lot 17, Block 8 in Carson's Addition. 21. Willie Mae Postelle, Folio #25630920001, LOt 17, Block 8 in Carson's Addition. 22. Lloyd G Sheehan TR, Folio #62259680002, Lots 35 in Block 10; all in Naples Manor Lakes. 23. USA Stor-A-Way at Da¥is Road, Ltd., a Florida Limited Partnership, Folio #61843960003, Parcel 2~The south 50 feet of the North 210 feet of the South V2 of Lot 138, Naples Grove~ and Truck Co's Little Farms No. 2. 24. USA St~r-A-Way at Davis Road, Ltd., a Florida Limited Partnership, Folio #33530~60005, Parcel 1: Lots 8 to 13, inclusive, Four-Way Comer. 25. USA Stor-A-Way at Davis Road, Ltd., a Florida Limited Partnership, Folio #33530040002, Parcel 3: The North 148.66 feet of the East 30 feet marked "reserved for Access Easement: on the Plat of Four Way Corner Subdivision. 26. USA Stor-A-Way at Davis Road, Ltd., a Florida Limited Partnership, Folio #33530240006, Parcel 1: Lots 8 to 13, inclusive, Four-Way Comer. 27. USA Stor-A-Way at Davis Road, Ltd., a Florida Limited Partnership, Folio #33530200004, Parcel 1: Lots 8 to 13, inclusive, Four-Way Comer. 28. USA Stor-A-Way at Davis Road, Ltd., a Florida Limited Partnership, Folio #33530280008, Parcel 1: Lots 8 to 13, inclusive, Four-Way Comer. 29. Watson, Larry J., Folio #35780000007, Lot 1, Block 76, Golden Gate, Unit 2. 30. Watson, Larry J., Folio #35780000007, Lot 1, Block 76, golden Gate, Unit 2. NOV 0 § 200Z This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 2563032000/9 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRF_3ENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI.I-IFJ~ COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was rc ', ~ ::d on 5th day of May 1992, in Official Record Book 001712 page 000403 in the Office of the C:,:ri ::'~ tile Circuit Court of Collier County, State of Florida. The Lien secures the principal sum ~ ' ' Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if anx. ~:'~d m~poses certain obligations against real property situated in Collier County, Florida, descr~b='c :~: follows: LOT 10, BLC -\RSON'S SUBDIVISION Collier Coun:..: ¢,.~t~cal subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfac~ : ~.,i the Lien and hereby cancels the Lien. The Clerk of the C~rcmt Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chain':x~,n. directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day ol ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONrERS, COLLIER COUNTY, FLORIDA By: JAMES N. COLETFA, CHAIRMAN Approved as to form R~OB~T~A~HA~ Y no. /6, c?__. I*' I NOV 052002 I This instlmment prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF ! KNOW ALL ~ BY THeE PRF.~ENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI.I.I~.R COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on 28th day of June 1991, in Official Record Book 001628 page 000705 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Seventy Five Dollars and No Cents ($475.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flor/da, described as follows: LOT 10, BLOCK 7, CARSONS ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS W}tEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Approved as to form This insd'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF ~l.ll~N KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF CO11.mR COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on 12t~ day of May 1994, in Official Record Book 001946 page 001337 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Seventy Five Dollars and No Cents ($475.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 7, CARSONS ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, CO1 l.mR COUNTY, FLORIDA By: JAMES N. COl J.~rTA~ CHAIRMAN Approved as to form an~ncy AC~I~A IT£~I NOV 0 5 200 This instt'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF IYI~.N KNOW AIJ. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COIJJF. R COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on 25ea day of July 1994, in Official Record Book 001970 page 000688 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 7, CARSONS ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:. JAMES N. COLETrA, CHAIRMAN Approved as to form an~iency ~oJ~¥ z~Y I' x,~,~.~ A ZTm NO.. NOV 0 5 2002 p$o This insmament preparexl by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF LIEN KNOW ATIJ MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI.Z, IER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on the 8u~ day of March 1991, in Official Record Book 001598 page 000280 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 7, CARSON'S ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIIJER COUNTY, FLORIDA Approved as to form By:, JAMES N. COLETrA, CHAIRMAN NOV 0 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 \ SATISFACTION OF IJEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien ygainst: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on 7t~ day of April 1995, in Official Record Book 2046 page 2374 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 7, CARSONS ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2002. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to form This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630320009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alphonso Campbell P. O. Box 946 Immokalee, FL 33934 The Lien was recorded on the 8th day of March 1991, in Official Record Book 001598 Page 000282 in the Office of thc C,erk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sun: c,~ .xme Hundred Five Dollars and No Cents ($905.00) plus accrued interest and penalties, i~ a~:,. and imposes certain obligations against real property situated in Collier County, Florida, describeci as follows: LOT 10, BLOC.t7 ' CARSON'S ADDITION Collier Coun' · · :t~cal subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisn~:tio:-: o: the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairmah, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ da)' o: ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form fflAn c y By:. J~ N. COLETTA, CHAIRMAN NOV 0 5 2002 p~. // This insti~ment prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35758360009 SATISFACTION OF !-lq~q KNOW ALL MEN BY TI-IF~E PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gentile, Andrew C 4396 18th Ave SW Naples, FL 34116 The Lien was recorded on the 20th day of March 2002, in Official Record Book 3002 Page 2543 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Ninety Five Dollars and No Cents ($395.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 35, GOLDEN GATE, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNtrY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form R6BER~T ~y By: JAMES N. COLE'FI'A, CHAIRMAN AG~NOA ITEH NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35648120003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee, Daniel Thomas, & Donna M 4384 23,a PL SW Naples, FL 34116 The Lien was recorded on 6* day of March 2002, in Official Record Book 2993 Page 3094 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT I0, BLOCK 13, GOLDEN GATE, UNIT NO. 1 Collier Count)', a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAMES N. COLETrA, CHAIRMAN Approved as to form NOV 0 5 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naple~, Florida 34112 (94 I) 774-8400 Property Folio No. 35648120003 SATISFACTION OF I JI~N KNOW P, IJ~ MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee, Daniel Thomas, & Donna M 4384 23rd PL SW Naples, Florida 34116 The Lien was recorded on 5th day of July 2001, in Official Record Book 2853 Page 2366 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Sixty Five Dollars and No Cents ($365.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 13, GOLDEN GATE, UNIT NO. 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAMES N. COLETrA, CHAIRMAN Approved as to form R6BEI~T Z~fiARY This insth~ment prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35648120003 SATISFACTION OF 1~ ~I~N KNOW ATI. MEN BY TI-IF3E PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee, Daniel Thomas, & Donna M 4384 23~a PL SW Naples, Florida 34116 The Lien was recorded on 21st day of August 2001, in Official Record Book 2879 Page 0152 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 13, GOLDEN GATE, UNIT NO. 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form By:. JAMES N. COLETrA, CHAIRMAN NC) N 0 V 0 § This insfi'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35648120003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee, Daniel Thomas, & Donna M 4384 23r~ PL SW Naples, Florida 34116 The Lien was recorded on 31st day of October 2001, in Official Record Book 2916 Page 2699 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Fifty Dollars and No Cents ($350.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 13, GOLDEN GATE, UNiT NO. I Collier Count),, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to ac'knowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to form This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 54670001485 SATISFACTION OF LIEN KNOW ALL MEN BY TI-IESE PRESElXlTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Owner-Builder Alliance, Inc., 10999 Prosperity Farms Rd. Palm Beach Gardens, FL 33410 The Lien was recorded on the 5th day of December 2001, in Official Record Book 2937 Page 0001 in the Office of the Cic;'L ,4 the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of ~ x,.o Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if anD. a:J_ ~mposes certain obligations against real property situated in Collier County, Florida, describc~ ~ follows: LOT 64, LEA\',~ ,)D LAKES Collier Coum,.; r.~ :.::ical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaci~:,:, c. me Lien and hereby cancels the Lien. The Clerk of the C~rcuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day o:' ____ ,2002. ATTEST: DVglGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJ~mR COUNTY, FLORIDA Approved as to form RY By: JAIvIF_~ N. COLE1WA, CHAIRMAN This insffument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 , (941) 774-8400 Property Folio No. 54670001485 SATISFACTION OF !.IF~N KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COIJ~IFR COUNTY, FLORIDA was the owner and holder of a certain Lien against: Owner-Builder Alliance, Inc., 10999 Prosperity Farms Rd. Palm Beach Gardens, FL 33410 The Lien was recorded on the 21th day of August 2001, in Official Record Book 2879 Page 0132 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 64, LEAWOOD LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WI-IEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMIvI1SSIONERS, COLLIER COUNTY, FI.JDRIDA Approved as to form RO~.'~r z~¥ By: JAMES N. COLETrA, CHAIRMAN NOV 0 5 2002 [ This instinmaent prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (94 I) 774-8400 Property Folio No. 54670001485 S/~.TISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNtrY COMMISSIONERS OF COl JYI~R COUNTY, FLORIDA was the owner and holder of a certain Lien against: Owner-Builder Alliance, Inc., A Florida Corporation 10999 Prosperity Farms Rd. Palm Bch Gardens, FL 33410 The Lien was recorded on the 5th day of July 2001, in Official Record Book 2853 Page 2332 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if an5', and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 64, LEAWOOD LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO~RS, COLLIER COUNTY, FLORIDA Approved as to form an~ncy JA_MES N. COLETI'A, CHAIRMAN 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 54670001485 SATISFACTION OF LIF~N KNOW ALL MEN BY THF_fE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COl J.I~R COUNTY, FLORIDA was the owner and holder of a certain Lien against: Owner-Builder Alliance, Inc., A Florida Corporation 8386 Coconut Blvd. West Palm Beach, FL 33412 The Lien was recorded on the 5th day of July 2001, in Official Record Book 2853 Page 2330 in the Office of the Clerk of the Circuit Court of Collier County, State of Flor/da. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 64, LEAWOOD LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLII~R COUNTY, FLORIDA Approved as to form and I s ' RO§ERTNZACH~y By: JAMES N. COLETrA, CHAIRMAN NO._ t& r'. NOV O 5 2002 This insffument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 53125000505 SATISFACTION OF LIF~N KNOW p, ll~ MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Polanco, Albert & Denise 6741 Livingston Woods Ln Naples, FL 34109 The Lien was recorded on 20th day of March 2002, in Official Record Book 3002 Page 2549 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, KIRTLAND PINES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COl J~mR COUNTY, FLORIDA By:. JAMES N. COLETrA, CHAIRMAN Approved as to form an~ency This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarni Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF LIF. Jq KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien lagainst: Willie Mae Postelle c/o G Jean Canty 2695 Beacon Hill Drive #211 Auburn Hills, MI 48326 The Lien was recorded on the 16t~ day of March 1995, in Official Record Book 2039 Page 1184 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Dollars and No Cents ($300.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 OF CARSON'S ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATrF~T: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COl J.mR COUNTY, FLORIDA Approved as to form aridly By: JAMES N. COLETrA, CHAIRMAN .0._ t4. - NOV 0 5 200 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tam/ami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSION"ERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postell c/o Jean Canty 2695 Beacon Hill Drive Auburn Hills, MI 48326 The Lien was recorded on the 26t~ day of February 1992, in Official Record Book 1690 Page 000936 in the Office of ti~: Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sun: ,:~:: ~,ur Hundred Thirty Five Dollars and No Cents ($435.00) plus accrued interest and penalties, if an.x, and imposes certain obligations against real property situated in Collier County, Florida, described ;~< follows: LOT 17, BLOCK 8 OF CARSON'S ADDITION SUBDIVISION Collier Cour~ . ~ volitical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfacv,~:, c,l the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count),, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ da)' of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMM/SSIONERS, CO!JJ1ER COUNTY, FLORIDA Approved as to form andY By: JAMES N. COL.ETTA, CHAIRMAN #0. //~ ~ NOV 0 § 2002 This insti'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF LIEN KNOW ALL MEN BY THF_3E PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postelle c/o G Jean Canty 2695 Beacon Hill Drive #211 Auburn Hills, MI 48326 The Lien was recorded on the 15th day of September 1994, in Official Record Book 1985 Page 0982 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Twenty Five Dollars and No Cents ($425.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 IN CARSON'S ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and~cy By:. JAMF_~ N. COLETTA, CHAIRMAN NO._ /~ 0 S 2002 PG. ,Oq . This insthament prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 25630920001 SATISFACTION OF LIEN KNOW ALL MEN BY TI-IF-SE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COT-I.il~.R COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postelle c/o G Jean Canty 2695 Beacon Hill Drive #211 Auburn Hilles, MI 48326 The Lien was recorded on the 16th day of March 1995, in Official Record Book 2039 Page 1160 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eight Hundred Ninety Two Dollars and No Cents ($892.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 8 IN CARSON'S ADDITION Collier County~ a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WI[ER.EOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, CO! .! IFR COUNTY, FLORIDA Approved as to form By: JAlvfES N. COLETTA, CHAIRMAN NOV 0 5 200Z This insffument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62259680002 SATISFACTION OF l.mN KNOW ALL MEN BY THeE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COIIJER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lloyd G Sheehan TR 5600 N Tamiami TR Ste 1 Naples, FL 33963 The Lien was recorded on 3~ day of January 1997, in Official Record Book 2268 Page 0110 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Six Hundred Eighty Six Dollars and Forty Three Cents ($2686.43) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 35 IN BLOCK 10; ALL IN NAPLES MANOR LAKES Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIR.MAN Approved as to form A~N~A ITI:H th_ NOV 0 5 2002 This instlxtment prepared by: Robert Zachary Assistant County Attorney Office of the County ^ttomey 3301 East Tamiarni Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 33530160005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Partnership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was recorded on the 2nd day of April 2002, in Official Record Book 3010 page 2750 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred Dollars and No Cents ($500.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1: LOTS 8 TO 13, INCLUSIVE, FOLrR-WAY CORNER Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJ~mR COUNTY, FLORIDA Approved as to form By:. JAMES N. COLETrA, CHAIRMAN NOV 0 § This insthament prepared by: Robert Zachary Assistant County Attorney Office of the County Auomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61843960003 ~ SATISFACTION OF LIEN 9 KNOW ALI. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Partnership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was recorded on the 2"d day of April 2002, in Official Record Book 3010 page 2748 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Seventy Five Dollars and No Cents ($275.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 2: THE SOUTH 50 FEET OF THE NORTH 210 FEET OF THE SOUTH ½ OF LOT 138, NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJJER COUNTY, FLORIDA Approved as to form ~d_.~m~ency By:. JAMES N. COLETTA, CHAIRMAN NO¥ 0 5 200Z This insthnntmt prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 33530040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF CODLtF. R COUNTY. t:tJORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Partnership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was ~ec~,rdcd on the 2nd day of April 2002, in Official Record Book 3010 page 2752 in the Office of the Clc:'i c,i tile Circuit Court of Collier County, State of Florida. The Lien secures the principal sum c.: '. c. Hundred Seventy Five Dollars and No Cents ($275.00) plus accrued interest and penalties, if ar:,. :~;i imposes certain obligations against real property situated in Collier County, Florida, descri~: ~ follows: PARCEL 3: ~;: ~',TH 148.66 FEET OF THE EAST 30 FEET MARKED "RESERVED FOR ACCESS EA~. ON THE PLAT OF FOUR WAY CORNER SUBDIVISION Collier Couml,.: r.:.ii:ical subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction oi the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Colher County, Florida, to acknowledge tha! the Lien ceases to exist. IN WITNESS WHEKEOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day o£ ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJ.IER COUNTY, FLORIDA Approved as to form JAMES N. COLETTA, CHAIRMAN AG[NOA IT£~ tx · tl 0it 0 5 This insti'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 · (941) 774-8400 Property Folio No. 33530240006 SATISFACTION OF I.IEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COl I.IT~.R COUNTY, FLORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Partnership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was recorded on the 2"d day of April 2002, in Official Record Book 3010 page 2756 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Seventy Five Dollars and No Cents ($275.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1: LOTS 8 TO 13, INCLUSIVE, FOUR-WAY CORNER Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJJER COUNTY, FLORIDA Approved as to form an~ncy ROBERT 7__~y By: JAMES N. COLETFA, CHAIRMAN J NOV 0 5 OOZ This insti'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Anomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 33530200004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COl .l.mR COUNTY, FLORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Parmership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was recorded on the 2"a day of April 2002, in Official Record Book 3010 page 2754 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Seventy Five Dollars and No Cents ($275.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1: LOTS 8 TO 13, INCLUSIVE, FOUR-WAY CORNER Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTF~T: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COl J.mR COUNTY, FLORIDA Approved as to form ~ncy By: JAMES N. COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Auomey Office of the County AUomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 33530280(X)8 SATISFACTION OF KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: USA Stor-A-Way At Davis Road, LTD., A Florida Limited Partnership 467 Still Forest Ter Sanford, FL 32771-8380 The Lien was recorded on the 2"d day of April 2002, in Official Record Book 3010 page 2758 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Seventy Five Dollars and No Cents ($275.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 1: LOTS 8 TO 13, INCLUSIVE, FOUR-WAY CORNER Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COIJJER COUNTY, FLORIDA Approved as to form ROBERTZA~HARY By: JAMF_3 N. COLETTA, CHAIRMAN N 0t/ 0 5 ZOOZ This insfi'ument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35780000007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COIIJER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Watson, Larry J. 2190 41~ Ter SW Naples, FL 34116 The Lien was recorded on the 30t~ day of April 2002, in Official Record Book 3027 Page 2713 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 76, GOLDEN GATE, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COI J.mR COUNTY, FLORIDA Approved as to form ncy By:. JAMES N. COLEITA, CHAIRMAN This instiumcnt prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35780000007 SATISFACTION OF KNOW\~,t J. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Watson, Larry J. 2190 41" Ten' SW. Naples, FL 34116 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 Page 3118 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 76, GOLDEN GATE, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form By: JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT FOR THE CONSTRUCTION OF A 16-1NCH RECLAIMED WATER MAIN ALONG THE SOUTHERLY SIDE OF DAVIS BOULEVARD FOR RADIO ROAD/DAVIS BOULEVARD PROJECT NO. 74035 AT A COST NOT TO EXCEED $400. OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District, accept a utility easement from Martin and Felizitas Mueller for the installation, operat~n and maintenance of a 16" reclaimed water main along the south side of Davis Boulevard and t~e north side of the Mueller's property located approximately 700 feet west of County Barn Road. '. CONSIDERATI(~NS: As part of the North-South Interconnect plan, a 16" reclaimed water main is being insthlled within the Davis Boulevard right-of-way west of County Barn Road. There is a conflict with existing underground utilities requiring that a portion of the main be placed within Mr. and Mrs. Mueller's property. The required easement measures 10 feet by 175 feet and has an estimated value of $1,600. Staff anticipates acquiring this easement by donation. FISCAL IMPACT: The total acquisition costs should not exceed $400 and includes payment for a title commitment, title insurance policy, and costs of recording documents. Sufficient funds are available in the current budget for the Radio Road/Dax~is Boulevard 16-inch reclaimed water main project in the Sewer Impact Fee Fund (413). The source of funds is impact fees. GROWTH MANAGEMENT IMPACT: This project is part of the County's effluent resource management system. Effluent resource management is consistent with the Collier County Growth Management Plan, which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATION: Staff is recommending that the Board of County Commissioners acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: 1. Approve and accept the Utility Easement once it has been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; 2. Authorize its Chairman to execute the ~onation Agreement and any other documents related to this project necessary to accept and clear title to the property; and 3. Authorize staff to proceed with acquiring the Utility Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. NOV 0 5 2002 EXECUTIVE SUMMARY Utility Easement South of Davis Boulevard Page 2 PREPARED BY: ~'~-?~_ . DATE: Joaj~mith, Property Acquisition Specialist Prol~ierty Acquisition & Construction Management Facilities Management Department Toni A. Mott,'Property Acquisition Supervisor Property Acquisition & Construction Management Facilities Management Department y. (. "~AfAAq'J'F~. ~ DATE: REVIEWED B . Charles E. ([~rrington, Jrt, SR/~A, Manager Property A cc u i s ition & Construction Management Facilities 5 i ~r;.~yement Department REVIEWED BY: ,{;kip Ca~np, CFM, D~r~tor Facilities Management Department DATE: REVIEWED BY: .f Roy B./.A. nderson, P.E., Director ~blic Utilities Engin~ring Department //~/ja~es W. DeLoney, P.E., Adminfftriltor . lic Utilities Division ~ DATE: DATE: A~)A ITel 4 no. /(~_/ I NOV 0 5 2002 EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR PHASE 2 OF PROJECT 90527, COUNTY-WIDE SAND SEARCH, IN THE AMOUNT OF $89,805 OBJECTIVE: To obtain Board of County Commissioners approval of a work order for phase 2 of an offshore sand search with Coastal Planning & Engineering in the mount of $89,805. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000. On May 30, 2002, a purchase order and work order were issued to CPE for phase 1 of the sand search in the amount of $38,711. The phase 1 report of preliminary surveys and investigations was presented to the Coastal Advisory Committee (CAC) on October 10, 2002 and a copy of the report along with the electronic GIS data were also delivered that day. The CAC unanimously recommends that the sand search be "fast-tracked" with a goal of accelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 2003/4 (the 10-year plan showed this as a 2005/6 project). CPE has submitted a proposal in the amount of $89,805 for phase 2 of the sand search to conduct reconnaissance geotechnical surveys and identify potential borrow areas. Ultimately, phase 3 would include detailed borrow area analysis, sediment evaluation and sand source recommendations. Phase 4 would include cultural resources investigation of the selected borrow areas. The total cost for all phases is estimated at $600,000 with up to 50% eligible and under contract for reimbursement from the Florida Beach Erosion Control Program. While this proposal does not exceed the $90,000 limit of the fixed term contract, the cumulative value of the first two phases does exceed that limit and the cumulative value of the entire project exceeds that limit. In an attempt to "fast-track" the sand search to allow for an earlier major re-nourishment, it is recommended that the contract limit be waived to issue the phase 2 work order to CPE for a phase 1 and 2 cumulative amount of $128,516. Furore phase work orders will also be taken to the BCC for approval. FISCAL IMPACT: The funding for this work order is available from the remaining $540,289 of the project budget. The source of funds is the Tourist Tax. NOV 0 ,.5 2002 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners waive the $90,000 limit and approve a work order for $89,805 with Coastal Planning & Engineering for phase 2 of the sand search with a cumulative value of $128,516. SUBMITTED BY: ~ Date: '/O//~..~ Ron Hovell, P.~E., Coastal Projects Manager Roy ]~. Anderson, P.E., Public Utilities Engineering Directtr S,~l:;}en-- ' ~. Ca~'nell~' Purchasing/(m~j~ral' Services Director es W. DeLony, P.E., Public Uttties Administr~or COASTAL & OCEAN ENGINEERING i' ' . - "~*~ ' ~.: .."-:. -- BIOLOGICAL STUDIES COASTAL PLANNING & ENGINEER! .,, 2481 N.W. BOCA RATON BOULEVARD, BOCARATON, FL 33431 vo ~, v. (561)391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net °02SEP 27 7: ~-~ail: mail@coastalplanning.net September 23, 2002 Ron Hovell Collier County Government 3301 E. Tarniami Trail, Bldg. H Naples, FL 34112 Re: Scope of Services to Conduct Phase II Reconnaissance Geotechnical Investigation to Identify Sand for Beach Nourishments in Collier County, Florida Dear Ron: This is a scope of services to conduct a reconnaissance geotechnical investigation offshore of Collier County, Florida to identify offshore sand sources for use in all County beach nourishment projects areas. The investigation will include jet probes, bathymetric surveys and a summary report. This proposed work is the second phase of a four phased project. The first phase included research, analysis, and mapping of existing historical reports and data for all the offshore areas of Collier County. A report and GIS database is complete and will be utilized as the background information to conduct Phase II investigation. The third phase will be a comprehensive field surveys (seismic, bathymetric and vibracoring) and geotechnical evaluation, including borrow area delineation and report preparation. The report will include a practical assessment of feasibility to recover the sand for use as beach nourishment. The fourth phase includes a magnetometer survey and cultural resources investigation of the selected borrow areas. The work will be performed by the team of Coastal Planning & Engineering, Inc. We propose to conduct a field geotechnical investigation along the entire length Collier County, Florida but will concentrate in the areas identified in the Phase I study. The geotechnical investigations will be conducted between the approximate 12 foot contours to approximately 10 to 15 miles offshore. We offer to perform the Phase II services for the lump sum amount of $89,805. Cost for the additional Phases will be provides as the scope are developed. A detailed breakdown of costs is attached. Sincerely, GINEERING, INC. President CC: Steve Keehn, CPE Jeff Andrews, CPE NOV 0 5 2002 PGo ~ PHASE II SAND SOURCE/GEOTECHNICAL INVESTIGATION SCOPE OF SERVICES Phase I - Preliminary Surveys and Investit~ations: Task included research, analysis, and mapping of existing historical reports and data for all the offshore areas of Collier County. A report and GIS database was completed and will be utilized as the background information to conduct phase II investigation. Phase II - Reconnaissance Geotechnical Surveys: The reconnaissance jet probe investigation will be conducted along the entire length Collier County, Florida but will concentrate in the areas identified in the Phase I study. The primary search area w~ll be the sand ridges..offshore of Naples and the ebb shoal of Marco and Cpari Passes. The reconnaissance inv~tigation searches a broad area for the purpose of identifying not only good prospects, but also ~eliminating areas unsuitable for further investigation. Each potential area investigated will be classified based on both the historical data and information obtained by the jet probes. The data developed for each potential deposit site will include estimates o£ deposit thickness, distance to fill project, grain size, silt content level, color, composition, and approximated potential volume. Based on the findings each site will be described and classified. CPE will recommend sites for detailed investigations in Phase III based on dredging feasibility and cost as well as comparison with the native beach sediments. A meeting will be held with the County and the state DEP will be invited to attend to review the results and view sand samples from each deposit investigated. a) Basic Services. This task includes reconnaissance bathymetry, surface sand samples, and jet probes across the study area. The bathymetric survey will ground truth features of NOAA hydrographic data in selected areas of potential sand deposits. This additional bathymetric information is necessary to be able to locate jet probes on the top of the sand ridges, mounds and other prominent features. The line spacing of the NOAA data does not allow for optimal probe placement. The method for locating the peak of the sand ridge is to lay out a line across the feature identified by the NOAA charts and data and to survey along the line. The jet probe is then sited to penetrate the highest point along that transect. Jet probes will be taken in areas that show promise for sand deposits. The jet probes will be obtained by CPE geologists/divers who pressure jet a twenty (20) foot length of pipe into the sediment. As the geologist inserts the probes they note resistance and observe sand coming up from the hole. Jet probes and surface sand samples provide an indication of the thickness and characteristics of the unconsolidated sediment layer. Ten to fifteen (15) jet probes can be acquired each day depending on sea state and water depths. A minimum of fifty (50)jet probes will be obtained to identify new potential offshore sand deposits for the county. c) Analysis and Mapping. The GIS database will be updated to include the findings from the reconnaissance level surveys and will be compatible to the FDEP web based geotechnical data depository and all data, including charts, surveys, maps, and logs, shall be available for electronic transfer to the County and FDEP. Specific sand deposits will be identified for detailed field surveys in Phase 1II. A summary report will be prepared which discuss the findings and presents a composite COASTAL PLANNING & ENGINEERING, INC. NO.~ NOV 0 § 2002 of existing and new information in GIS data base format (electronic and hard copy). This information will be utilized to plan the more comprehensive geotechnical surveys, including vibracoring in selected areas. The following is an outline of Phase III to V tasks, which are not covered by this phase of the work. Phase IH - Borrow Area Geotechnical Surve for Remainder of Cou__q.q~X: Task m-A: Detailed Bathymetric, Seismic and Side-Scan Sonar Surveys of Specific Candidate Borrow Sites. Task m-B: Initial Data Analysis. Task m-c: Vibracore Planning. Task III-D: Vibracores. Task m-E: Sediment Compatibility Evaluation and Sand Source Selection. Task m-F Reports and Presentations. Phase IV - Cultural Resources Investieation & Re0ort :_ Magnetometer Survey. and Cultural Resources investigation of selected Borrow areas. Phase V - Hideaway Beach Borroxv Area Geotechnical Survey: A preliminary design will be prepared with sufficient informaticn for submissions to the FDEP and COE to start the permitting process. f:\CPE\proposal\col]i~": ::':' :hnicalXdraft proposalsXNaples recon jet probe proposal jla Draft 9-16-02.doc COASTAL PLANNING & ENGINEERING, INC. ~o. 11~, PG. WORK ORDER #CPE-FT-02-05 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as County-wide Sand Search (90527) Phase 2. The work is specified in the proposal dated September 23, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-02-05 is assigned to Coastal Planning & Engineering. Scope of Work: a. Task I -Geotechnical Investigation Schedule of Work: Complete Task I within 90 days of receipt of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $89,805.00 TOTAL $89,805.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager Date REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date AUTHORIZED BY: ACCEPTED BY: James W. DeLony, Public Utilities Administrator Date Thomas J. Campbell, P.E., President ~0.~ Type or Print Name and Title ~0¥ Pg. /~ EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A UTILITY EASEMENT FOR THE GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS PROJECT AT A COST NOT TO EXCEED $3,400.00. OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District, approve an Easement Agreement for the acquisition of a Utility Easement for the Golden Gate Wellfield Reliability Improvements Project. CONSIDERATIONS: Public Utilities Engineering Department has requested rehabilitation of existing well sites in Golden Gate Estates. This project consists of 27 production wells tapping the Lower Tamiami aquifer. The wellfield is the primary source of raw water for the North and South County Regional Water Treatment Plants. Average and maximum daily withdrawal amounts of 20.82 million gallons per day (mgd) and 31.97 mgd, respectively, are authorized from this source under South Florida Water Management District's water use permit No. 11- 00249-W. At such time a well fails and needs replacing, it is critical that the Public Utilities Division has the ability to immediately get on site to install and connect a replacement well with the County's system. To make this possible, staff is now contacting the owners of the properties adjacent to these existing wells to acquire additional property to accommodate a replacement well, and drilling and maintenance equipment. An agreement has been reached with Mr. & Mrs. Bernard Mitrovich to secure a 15-foot by 15- foot easement (shown on attached Exhibit A) on the north side of existing Well #15. Staff has agreed to pay the Mitrovich's $3,000.00 for the easement. Staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The Easement Agreement and Utility Easement documents have been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department. FISCAL IMPACT: The total costs of acquisition should not exceed $ 3,400.00 ($3,000.00 for the Utility Easement and $400.00 for a title commitment, title insurance policy, and cost of recording documents). The funds will be withdrawn from County Water Capital Projects Fund (412), Golden Gate Wellfield Improvements Project. GROW'TH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. NOV 0 5 2002 EXECUTIVE SUMMARY Golden Gate Wellfieid Reliability Improvements Project Page 2 RECOMMENDATION: Staff is recommending that the Board of County Commissioners acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: 1. Approve the attached Easement Agreement; 2. Authorize its Chairman to execute the Easement Agreement; 3. Accept the Utility Easement; 4. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statues; 5. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement; and 6. Authorize staff to proceed with acquiring the Utility Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. PREPARED BY: Jl~n M. S~ith, Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Property Toni A. Mott, Real v Supervisor Property Acquisition & Construction Management Facilities Management Department REVIEWEDBY'~IA~ ~A~,',~ 0"-- (~ DATE: · charles E. Carrington, Jr., ~;R/WA, Manager Property Acquisition & Construction Management Facilities Management Department (-Ski~C~mp, CFM, Director Facilities Management Department DATE: EXECUTIVE SUMMARY Golden Gate Wellfield Reliability Improvements Project Page 3 REVIEWED BY: Karl Boyer, Prin~ager Public Utilities Engineering Department Roy ~nderson, P.E., Director ~blic Utilities E~g~?~tment APPROVED ~-~-~ ,~__-~.;~""~7 ~J~.e.s W. DeLoney, P.E., Ad~istrator hc Utilities Division t DATE: DATE: DATE: PROJECT: Golden Gate Area Wellfield Expansion PARCEL: 915/Bernard Mitrovich (Well 15) FOLIO: 37118600006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement') is made and entered into on this ~ day of .., 200 ., by and between BERNARD MITROVICH and JUDITH MITROVICH, HUSBAND and WIFE, (hereinafter referred to as 'Owner'), whose mailing address is 720 ls'r Street, Northwest, Naples, Florida, 34120-2005, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinalter referred to as 'Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement, license, and privilege for utility purposes, over, under, upon and across Ihe lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, lhe sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property lo Purchaser for the sum of $ 3,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvemenls, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall ' · provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless '.' Closing shall occur wilhin sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly "executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to ~ Purchaser. 4. Owner is aware and understands lhat the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida N0V 0 5 2002 Easement Agreement Page 2 5. Owner represents that the Property and all uses of lhe Property have been and presenlly are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Pumhaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold Io the Pumhaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on lhe Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, slorage, trealment, spill or transfer of hazardous subslances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of lille. 6. Owner shall indemnify, defend, save and hold harmless lhe Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9o The Purchaser shall pay for all costs of recording lhe conveyance instrument in the Public Records of Collier County, Florida. All other costs associaled with this transaction including but not limited to lransfer, documentary and inlangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Properly from the mortgagee(s,). The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Property by Owner is conlingent upon no olher provisions, conditions, or premises other than those so stated above; and lhe written Agreement, including all exhibits attached herelo, shall constitule the entire Agreemenl and understanding of lhe padies, and there are no other prior or conlemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If lhe Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for oihers, Owner shall make a written public disclosure, according to Chapter 286, Flodda · - Statules, under oalh, of the name and address of every person having a beneficial interest in the Property before Ihe Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or regislered pursuant to Chapter 517, - · Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. NOV 0 5 200; PG., AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COPY JAMES N. COLETTA, CHAIRMAN AS TO OWNER: tness/,~ignat~e~ Name: e) ~ (Print o~Type) ~itnessl~at~ Name: ~ (PHnt or Type) BERNARD MITRb~;J-I-- - Approved as Io form and legal sufficiency: Assistant County Attorney .o._ /~ NOV 0 5 200? COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY EXHIBIT Page ~ of~ WELLFIELD 15 PROPOSED UTILITY EASEMENT DESCRIPTION TH~ SO~ 15 FEET OF THE WEST 1:5 FEET OF THE EAST {iS FEET OF TRACT 130, GOLDEN GATE ESTATES, UNIT II, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUB-q~CT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. CO~T"+"~ ENO~JNG CONS~TANTS, [NC. RICHARD J. EWINQ/, V.P7- --~ PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 00.346 DATE OF SIGNATURE: "~. ~. - oz_. 3106 S Horseshoe Ddve. Naples. Florida 34104 · Phone (941) 643-.2324 QhIVA~qflO: '5 0 Zz 0 Iv 0 5 2002 EXECUTIVE SUMMARY AUTHORIZATION TO EMPLOY A 4H PROGRAM ASSISTANT TO EXPANDED LEARNING FOR STUDENTS IN IMMOKALEE AND TO FUNDS OF $23,370 FROM A PRIVATE DONATION. PROVIDE ACCEPT OBJECTIVE: To authorize the position of a part-time 4H Program Assistant to deliver expanded learning opportunities for students in Immokalee and accept a private donation to fund the position and associated costs. CONSIDERATIONS: The Community Foundation through their Kaleidoscope Program has asked University Extension Services 4H program to expand educational outreach specifically to Immokalee. This Outreach Coordinator position requires twenty hours per week, which the current part-time, United Way funded position cannot fill. To maintain effective currentl outreach and expansion requires authorization of a part-time position because of the distance and time factors of each separate progm~ effort. FISCAL IMPACT: The 4H Foundation of Collier County will provide a donation in the amount of $23,370, which will offset the total cost of the part-time position ($19,700) and associated operating expenses ($3,670). Funds will be deposited in and expended from the General Fund (001) University Extension Services account. The positi~c~ will be eliminated in FY04 if a donation is not available to continue funding. GROWTH MANAGEMENT IMPACT: There is no growth manageanent impact associated with this request. RECOMMENDATION: That the Board authorize the position of a part-time 4H Outreach Coordinator and the necessary budget amendment to recognize the dom~.lion and authorize the expenditure of funds. Prepared by': Date: 10/11/2002 Denise L. Blant0n, Di...Di~ctor Approved By: x.,~ . ~/~.\___~ John Dunnuck, Pub~f Services Administrator Date: lO/17'f~2_, Agenda Item OV 0 5 2002 · EXECUTIVE SUMMARY PRESENTATION OF THE ANNUAL 2002 REPORT OF THE COLLIER COUNTY FILM COMMISSION OBJECTIVE: To present an overview of Collier County Film Commission operations and accomplishments for the Fiscal Year 2002. CONSIDERATION: On October 10, 2000, the Board approved a professional service contract with Ms. Maggie McCarty for the operation of the Collier County Film Commission. As requested, an annual report is submitted to the Board of County Commissioners for review and consideration. The Film Commission can report that during Fiscal Year 2001-2002: 73 projects wrapped 675 hotel rooms filled 50% increase in reported hotel rooms 122 locals employed 100% response to all qualified leads $1,248,728.00 in production revenue generated With a budget of $68,000, actual expenditures incurred were $51,019.33. Therefore, for every $1 expended in the past fiscal year, a return of $26.75 can be seen in direct spending in Collier County. This item has been reviewed and approved by the Tourism Development Council at its October 21, 2002 meeting. FISCAL IMPACT: There is no fiscal impact associated with this report. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this report. RECOMMENDATION: That the Board of County Commissioners accept the Annual 2002 Report of the Collier County Film Commissioner. SUBMITTED BY: APPROVED BY: Date: ~? Secr t~'y to t~Public Services Administrator J~l~n 1V~. Dunnuck I~blic Services Administrator Collier County Film Commission Annual Report FY 2002 Collier County Board of County Commissioners September 24, 2002 SOUTHWEST FLORIDA September 12, 2002 Dear Commissioners: On behalf of the Collier County Film Commission, I am pleased to submit to you the Annual Report on the operations and activities of the office. The Collier County Film Commission is dedicated to creating an awareness of Collier County as an advantageous location to the entertainment industry and to enhance the local economy through revenues from production. In the current fiscal year, the film commission can report: · 73 projects wrapped · 675 hotel rooms filled · 50% increase in reported hotel rooms · 122 locals employed · 100% response to all qualified leads · $1,248,728.00 in production revenue generated With a budget of $68,000, actuc! expenditures incurred were $51,019.33. Therefore, for every $1 expended in the past fis¢o', Year, a return of $26.75 can be seen in direct spending in Collier County. To achieve a goal of increasing Collier County's share of the billions of dollars now being spent annually within Florida by the film an6 entertainment industry, the film commission continues to be competitive in its outreach to crucial target areas, aggressively marketing to production centers such as New York, Los Angeles and Chicago. The office also regularly partners with the Governor's Office of Film and Entertainment and Film Florida Jn all efforts to affect long-term growth in the industry. Locally, the Collier County Film Commission maintains communication and advocacy for local crew and support' services while providing consistent distinguished client service and assistance. Respectfully su. bmitted, Maggi$ McCarty ~ Collier County Film Commission I NO¥ 0 5 2002 755 8th Avenue South · Naples, FL 34102 · (941) 659-FILM · Fax: (941) 434-3049 Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) Production Revenue ............................................................. $ I, 248,728.00 Monthly Average Production $ ..............................................$ 104,000.00 Annual Budget ........................................................ $ 68,000.00 Expenditures ............................................... $ 46,676.48 Locals Employed ................................................................. .......................... 122 Hotel Room Nights.. · ........................................... ..................... . . .. .. .. . . . .. ..... ... .. . . 675 Return on investment ........................................................... $ !: $26.75 Economic Impact ............................. $ 2, 497,456.00* *Governor's Off'me of Film and Entertainment Economlc Impact AAultiplier Agtnd~ ,Ite~ NOV 0 5 002 Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) J ......... PRODUCTION Print ................. · ~e ee~eee · eeleeee®lleee®eeeeeeeleeee~eeeleeeeel~ee®eeeee®eeeeeeeeeeeeeeleellee 3~ v Lord & Taylor '*' Nordstrom's Television Commercials ...................................................................................... 13 ~' Old Home Foods ~' Michelob Lite Television Series/Segments ................................................................................. 7 ~' Animal Planet ~' Travel Channel Scouts .............................................................................................. 9 ~' Pigeon Creek Films '~ FOCUS Films Total Number of Projects ......................................................................................... 73 2 Agend& ~OV 0 002 Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) REPORTED REVENUE BY MONTH Monthly Average Production Revenue $0- N~ C)~ 3~n F~ Mar Apt ~ J~ Jul 3 2002 Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) Month',?:::~:::;, :;.??,:~.':'t~:~?yeor~,~.:! ~: :.;-::.:, ,':,: Revefiue?~ ;;?-~?::Htre~.,::!,~.:~?.~ :-Re orted ;,:,~:~ ~.~ ',~- 'pro. :: ': '- ................... ~ ........... ....... ~ ........ .,,:.:, .... :~. P :;...-,=.,:.:.::: lects. :: Oct 2001 $54,400.00 13 2 6 Nov 2001 $345,143.00 39 404 14 Dec 2001 $200,143.00 9 N/R 13 Jan 2002 $240,54 i .00 39 60 10 Feb 2002 $136,947.00 N/R 152 7 Mar 2002 $111,671.00 2 2 5 Apr 2002 $53,656.00 5 10 5 May 2002 $34,486.00 8 45 6 Jun 2002 $22,991.00 N/R N/R 4 Jul 2002 $48,750.00 7 N/R 3 ~ ~ 1 ~2 ~75 7:3 FY 2001 $1,501,149.00 259 316 97' 'Agenda .Ite~ No. I(.1'~ NOV ~0 5=2002 pg._ Collier County I~ilm Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) PRODUCTIONS BY TYPE 73 TOTAL PROJECTS WRAPPED [] psa · video I-ltv comm [] print · tv seg [] tv series ·doc [] other 5 NOV 0 5,,2OO2 Pgo ~ _ Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) ACTIVITIES Trade Shows/Conferences/Development Association of Independent Commercial Producers Awards Film Florida Legislative Reception Fllm Florida Board Meetings Film Florida Film Commissioner's Council (Chair) SW FL Regional Film Commissioners Meetings Tourism Alliance of Collier County Marketing Committee Film Florida Trade Mission Committee (Chair) American Film Market Advertising Federation Annual Convention AdFed Production Partners Great Naples/Marco/Everglades Tourism Workshops Florida Governor's Film Advisory Council Sales Missions Chicago Los Angeles Miami Production Directory published and on-line Discount & Deals participation Memberships Association of film Commissioners International Rim U.S. film Florida (Board Member) SW FL Film Society (Board Member) FL Film Commissions Council (Chair) Florida Motion Picture and Television Association, Southwest Chapter (Board Member) Marco Island Fllm Festival (Advisory Board Member) 6 Age n d.e. Item flV 0 5 2002 Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) ACTIVmES CONTD. Operations Revenue Tracking System Client Management Database Client Exit Surveys Tax Exemption Certification Webs~te development Location photos on State website (video stream) Location Ubrary - digitization Permitting (new format) Monthly Production/Activity Reports Quarterly Newsletter Reel Deal Florida- State guidebook Press Naples Daily News Ft. Myers News-Press Florida Blue Sheet Location Update Locations Magazine Naples Illustrated 7 J NOV 0 5 20~ Collier County Film Commission ANNUAL REPORT FY 2002 (October 2001 - July 2002) UPCOMING OBJECTIVES Trade Missions New York q' Production East q' PhotoPlus Expo v Film Florida Industry Reception Los Angeles "' AdFed Convention ~' Florida Partners Pavilion Hollywood Reporter Florida Issue co-op advertising (February 2003) Legislative Reception in Tallahassee - continue to work on passage of entertainment industry legislation Production Partners event Work with o~her SW FL film commissions to develop producer's FAM Coordinate print and moving Image library/b-roll footage Launch Southwest Florida Film Society New office 8 AAttached The Hollywood Reporter, Summer 2002 Brownstone catalogue inside page featuring Bayfront Entertainment Industry Legislation Draft Monthl~ Monthly i~even~ ~eddn~ ,, 0 5 200 America's Production Pa While blockbuster movies continue to mesmerize both Hollywood, and the movie going public, ac- claimed directors'and Florida natives Victor Nunez and Allison Anders believe there is a place for character driven independent film. That place is Florida. When two graduates of the Un'wersity of Miami Film School became the dadings of the 2000 Sundance Film Festival with the debut of their gritty documentary, Raw Deal, they decided to set up shop in the place that nurtured their talent. That place is Florida. In fact, Jeepers Creepers (Amedcan Zoetrope), Ali (Columbia), Ocean's 11 (Warner Bros.), and All about the Benjamins (New Line Cinema) were filmed in a place that is widely known as a top production center in the U.S. That place is Flodda. With the help of an active Legislature, aggressive cities and counties, and a commitment from Governor Jeb Bush, Florida is widely recognized as a major production center. The Office of Film & Entertainment is located within the Executive Office of the Governor. Rebecca Dirden Mattingly, foyer, creative executive with Touchstone Television Television and ~'""s appointed by mmissioner. ,,. ~ Susan Simms ~ment, has represented 'The entire community will be invited 'and' welcomed to our screenings.' Additional support for up and COming indepen- dent filmmakers comes from The Entertainment Industry.Incubator, Inc., a non profit organization located in Miami' Beach that focuses on the business side of filmmaking. Inspired by the Greater Miami Chamber of Commerce's One Community One Goal task force on entertainment, the Incubator is a vehicle to establish and promote a sense of commu- nity and support for local members of the entertain- ment industry. 'Collaboration...A Film Contest' is a contest held by the Incubator that challenges novices and professionals to write, shoot and edit a five-minute feature film within thirty days. The participants are exposed to distribution and marketing executives from LA and New York who serve as judges for the contest. maki sunshi':' 'i "while both Miami and Orlan~ Jacksonville,' Ft; L~ Coco~; Beach ~nd .P.e~sacola liB ~ildhoO~l '< ;~. ~Fl~is time our quest~for fcbulous phot. ography '~". '!: locations led us to'South l~lo~da; wheFelwe · :,4r-:: ': " ..: ..... 7 .' .... -.. ;..'" ':' . ' · !~ :.': " mi. ght have posed for tl~e'gentle past, els · ;'.:~.~'i"...' .~: ,... ' 2 ~ .. . ~ ':... ~ ': ~ ' ' '~i~:~!!'.'.'..'i:.:. ,~?: ....,. : ."': the co!!e.c~.o, n. :..!".~:'?~;',~v.',.'. ,'~ ~';7 ~ : '..' ' .'.: ' . . .' ' ~ "' ,, '" ~'caj~ch[~ectur,:and~.Elo'~da's famous stone ~' ,.~:~ :. .~..: .. ... . ....; ,.~, , . . .. .... :. . · ~.~;;?. pj, e of well-bred ease a~*'cI sop. b~st~cat~on · ~i~,~(~ :..$,.. 'that:made the perfect ibackdrop, for. tl~s ,':. ' .. ~{!-~?.~: beaut.~fuI, wearabl'e.'collect~on';;:,'2i; .:..::'" ~';,.~':~.~:7,~' · :. ~ . ' '. - '. 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' 1 3 4 5 6 7 8 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 36 37 38 39 40 41 42 43 45 46 DRAFT Entertainment Industry Legislation A bill to be entitled An act relating to economic development; amending s. 288.125, F.S.; providing that the definition of "entertainment industry" extend to other sections; creating s. 288.1254, F.S.; creating a program under which certain producers of filmed entertainment and certain digital media effects, motion picture and television dism'bution, motion picture and television production, and post production c, ompmfies may be reimbursed for expenditures made in this state; providing definitions; providing an application procedure and approval process; prescribing limits on rcimbtwsen~nt; requiring documentation justifying reimbursement requested; pro_vidi~g, dut_ies, of~the. O~ffice of.F~i~m and Ent_e~~nL_and~r the Office of Toumm, Trade, ~ e, eonomm t~eveLopmem, prov~u,q~ lU policies and procedures; providing penalties for fi~udulent claims for reimbursem~n.t; .providing an appropriation; providing for annual report to legislature; l~oviding an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 288.125, Florida Statutes, is amended to read: 288.125 Definition of "entertainment industry".--For the purposes of ss. 288.1251-~~g~-gg3, the term "entertainment industry" ~ those persons or emities engaged in the operation of motion picture or television studios or recording studios; those persons or entities engaged in the preproduetion, production, or post production of motion pictures, made-for-TV motion pictures, television series, commercial advertising, music videos, or sound recordings; and those persons or entities providing products or services directly related to the preproduetion, production, or post production of motion pictures, made-for-TV motion pictures, television series, commercial advertising, music videos, of sound recordings, including, but not limited to, the broadcast industry. Section 2. Section 288.1254, Florida Statutes, is created to read: 288.1254 Em,rtsLnment industry financial incentive pro_m,_m-', creation; purpo_ se; definitions: aoolication procedure; approval process: reimbursement eligibility_; sub,~sion o~-requked documentation; re~o;nmendations for payment; roles; lrandulent claims. 0) CREATION AND PURPOSE OF PROGRAM.-Subjeet to specific a_~prop63t~n. ~.her¢ is creat_e4~ within the _O~_ ice of Tourism Trode & Economic__ Development an entert~inment kn~l. ustry fin,a~ial ,Lmce,. ntive pro~- The purpose of this _o/o_gi~,::-~ is to enco~e the ~ oft, his St_~t, as a site for film!no- alld for providing prod~¢ti0r, services for, motion pictures, made-for-television movies, eormnemi~ls, music, videos, induafflal and ed,~tcational_films and t¢ievision progrm~n by_ the entertainment.. industry, i / . - 7003 l, ession I Collier County Film Col-ll;n)ssiot~ - L 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 33 34 35 36 37 38 39 41 42 43 45 (2) otherwise: DEFINITIONS.--As used in this se~tiorg unless the contex~ requires (a) "Filmed entertainment"..means a motion picture, teleproduction~ cormnerc~ music video or digital media eff~ts production tl~ shall be sold or disp _layed in electronic media. ~) "Production costs" means the total co~t ofproducing filmed entertainment ~nus the ordinary and necessary interstate and foreign travel expenses involved in the production. (c~ 'X)mlified e _xpeM. itures" means goods Purc~ or l~sed or s~rviccs purchased, leased, or employed from a resident of this st~t~ or a ven~lor or supplier who is ]o~tcd ond doing busioess in this state. (d) "Qualified production" meons filmcd entertair~ment that makes expenditures in this state for the total or partial productlon ora motion picture, made- for-television movie with a running time of gO minutes or more, commercial, music video, industrial and educatior~al film, and television program. (e) "Qualified relocation project" means a corporation, limited liability co _mpany. _mu'mersh~_. co _rporate headquarters or other private entity that is domiciled in another state or country and relocates its operations to Florida, and is organized under the laws of this or any other state or country and incll~des as one of its primary purposes digital media effects or motion picture and television production~ or post production. (3) APPLICATION PROCEDURE; APPROVAL PROCESS.-- (a) Any company, engaged in this state in the pro, duction of filmed entertainment may submit an application to the Office of Film and Entertainment for the purpose of determining qualification for receipt ofreim~nt provided in this section. Th~ Office shall be provicled inlbrmation required to determine if the production is a qualified production and.to determine the qualif~ ,~l~nditures. production costs. and other informatioo p~.essary for the office to d~c'ajni~ both eligibility for and level of reimbur~m~nt~ {b) A digital media effects o_.r post production company in the state that fi~mishes sorvices or digital material to a qualified production that is certified by the Office of Film and E~tertailm~nt may submit ma application to the Office of Film and Entertainm~n~ for th, purpose ofdet¢~n-dning qm~ae~tjon for rece'_mt ofreimbtlts~ment provided in this section. The office shall be provid~ information required to determi~ if the co _mpany is o__unlified ~ to determi~ file mnm~mt ofreim~ 2 NO¥ 0'5 2002 Comer County Firm Commission- 2 Se~.? /.,~ __ 1 2 3 4 5 6 7 8 9 10 11 12 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 35 39 40 41 42 43 45 46 {c) Any corporatiorg limited liability company, partnership, corporate headquart,rs or other pd-mt_¢ entity_ domiciled in another State that include8 as o.e of it.s. primary ptu_ooses digital me411a effects or motion pic_n,_,e ~d television production, or post production and which is eonsideri, n~ reloc_~ti~n to Florida may subniit an application to the Office of Film and Entert~inn-,mt Mr the purpo_ se ofdete~r.~iaing qualification for reimbursement under this section. (alii. The Office of Film and Ent~rt_alrmaent s~i! eSta~b!i.~h a process by which an ap_ pl_3~-~tion slm~ be accepted, reviewed, and reimbursement elig~ility and reimbursement ~,xmount determined. 2. U_non determlnation*hat all criteria are ~ for qualification for rek. bues~a-,~nt, the office s~!~ notify t~ a_t~p~ of such ~roval.. The office shall also notify_ the Office of Tourk_~m~- Trade and Economic 12~velop~ot of the a_trpliemlt approval and amount of reimbursement required. The _O~_sce of Tourism, Trade and Economic Development shall make fl~nal determination for actual reimbursement. section, or The office shall deny_ an app~afion flit determines thal;: The application is not complete or does not m~et the requirements of this b. The reimbursement sought does not meet the requirements of this section for such reimbursement.: (e) The Office of Film and Entertainment shall develop a standardized application form for use in approving a qualified prod~ctiom a qualified relocation. project, or a company gnall _lying under (3)Co). The application form shall include, but not be limited to..produetion<etated information on employment, proposed total productiola budgets, planned Florida expenditures which are intended for use exclusively as an int¢?al part ofpreproduetion, production, or post production activities engaged prhmrily in ~his state, and a signed affirmation from the Office of Film and Ente~a;,~,~.~rnt that the inforn~, tion on the application form ba-q been verified and is ~o~xeet. The application form shall be distn~outed to applicants by the Office of Film and Entertainment or local f:~ ¢omm~siolas, (4) REIMB~E~ RT.!GIB!I-ITY: SUBMISSION OF REQUIRED DOCUMENTATION; RECO~ATIONS FOR PAYMENT.- (a) A q, ml!fied production which is certified by_ the Office of Film & Ent~rtalan',ent shall be eli~'ble for the follow~n.' g f-,nan~ial incentives from the stat.e; 1. A reimbursement of I$ percent (I $%) .of its ~s.~l~ Orving a~_ enditures within this state on that motion picture, made-for-television movie with a running time minutes or, more, commercial, m~sie video, industrial arid educational film, and [ television prograr& ~ 1 .nV 0 5 211112 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 33 34 35 36 37 38 39 4O 41 42 43 45 46 that demonstrates a minimum of eight hundred andfi_f_ty thousand ($850,000) in total qualified expendi~res. However, thc maxitnum reimbursement th¢tt m~_ be mclde with respect to a motion picture is $2 million, the maximum reimbursement that m~_ be made with respect tO a made-for-television movie with a running time of 90 minutes or more is. $150,000, the maximum reimb .ursemcrtt that m~_ b* made with respect to.rmv single television series pilot or television series is $50.000. and the maximum reimbursement that m~_ be made with respect to a music video or commercial is $25.000: all noted rebates, are subject to appropriation. P _atvnents under this section in a _fiscal year shall be made on a first-come, first-served basis, until th, appropriation for that fiscal_lear is exhagsted. .2. . Qualified expenditures for.which rt~tmbursement shall be made include salaries paid to and employment benefits paid on behal_£o_f state residen, ts; rents for real and personal property_ used in the production; p _~ents to state residents or state- domiciled entities for pre-production, production, or post production and digital media .effects services; and costs oj~ set construction. No reimbursement shall be authorized for salaries of the two highest-paid actors. Salaries of other actors are reimbursable. (b) A digital media effects or post production company in the state that furnishes services or digital material to a qualifi~l production that is certified by. the Office of Film and Entertainment m~_ be eligible for a payment in an amount not to exceed 5 percent (5%) of its annual gross r~. enues on qualified expenditures as defined in 4., (a), 2, before taxes. A compa~ applying_for payment shall submit documentation annually as required by. the.Office Of Film and Entertainment for determination of eligibili~ of claimed billing and determination of the amount of p~_ ment for which the compaq_ is eli_~ble. (c) A qualified relocation project that is certified by the Office of Film & Entertainment shall be eligible for a one-time bonus payment in an amount equal to 5 percent (5%) of its annual gross revenues before tcoces for the first 12 months of conduct'rog business,in its Florida domicile, d compar!v ~_plyingfor__tn!vment shall submit documentation as requtred by the O[flc¢ of Film and Entertainment for determination Otc eli~bili_tv at'claimed billing and determination of the amount of pqwnent for which the compa~ is. eligible. (d) A qualified productiorh digital media effects company, or a qualified relocation pr~ect ap_p_lying for a payment under this .SectiOla must submit doctmaentation for claimed qualified expenditures to the Office of Film and Entertainment. 1. For each application for claimed expendi~re there shall be no more than one enti_ty eli_~ble for_ _nm,ment. (e) The Offr~ of Film and Enterlahm~t shall notify_ the Office of Tourism, Trade, and Economic Development if. an applicant mq~ the criter~ for reimbursen~nt and shall rec~nd the reirnbursement amount. The O~ce of Tourism,. Trade and Economic Development shall make final determination for actual reimbursement. 4 Collier County Film Commission - 200 seld, V 0 5 2002 Pg. /7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (5) POLICIES AND PROCEDURES.--The Offi~ of T00risrn, Trade, and Eco~ Development s~ll adopt policies and procedures to implement the proyisions of this section, including, but not !'~m6ted to. requirements for the application and approval process, records required for submission for substantiation fol' reimbursement, .and d~ermin~_tion of ~ q~mlification for reimbursem~nl;, (6) FRAUDU~.~I~'T ,CLAIMS,--An eli_m~ole entity or.~mp~, t~t o~ a m~m ~er thb ~tion ~o~h a cl~ t~t R bows ~ ~ul~t ~ ~ble for ~~ oft~ ~ p~ ?ma ~ ~ ~ ~ doub~ ~ p~t ~ ~~~t of~b~ ~ ~h ~ ~ ~ M~ion to ~v ~ ~ to ~i~h the ~ or ~_~ ~ ~able for t~ ~ ~s. ~ ~ or ~~ h ~ for ~S ~ f~ [~ ~ t~ ~te h hve~iga~g ~ pw~~ ~e ~dul~t ch~ Section 3. The sum of $40 million is appropriated from the General Revenue Fund to the Office of Tourism, Trade, and Economic Development to implement this Oct in the 2003-2004fiscal year. The _O~_ tce of Tourism, Trade, and Economic Development may. use up to $50, O00 for st _aff and administrqtive costs to implement this act. Section 4. The Office o_f F~Im & Entertainment w~ll provide an annual report due January_ 1, to the Governor, Senate President and House Speak4r outlining the return on investment to the state on _funds expended. Section 5. The act shall take effect July 1, 2003. COLLIER COUNTY FILM COMMISSION ACTIVITIES October 2001 · FMPTA general meeting · FMPTA board meeting · Marco Island Film Festival board meeting · Naples Graphics - trade mission invitation design · CC Board of County Commissioners · Tourism Development Council · Film FL Labor Council PRODUCTION NOTES · Richard Fendelman- commercial · WPBT' documentary- POSTPONED · Dakota Group - commercial · Zgarefoot Lr/illiarns Road- short film WORKING LEADS · ALL CURRENT PRODUCTION · ~Basic' -Phoenix Pictures/Intermedia Films feature film · 'Kickboxer 3-D~ · Black Hawk - music video · Clyde Butcher - Aperture · AGA - catalogues 12 · Man of l~ar- feature · ADR 'Silhouettes' - catalogue · PasProductions- print · ~arefoot l~/illiarn.f £oad · Conference call AdFed project · Posted location photos on filminflorida. · Prepared agenda for Florida Film Commissioner's Council · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue ~acldng · Annual Report for CC Board of County Commissioners · Annual Report for Tourism Development Council · Monthly meeting with Public Services Administrator · Location file photos ~ OTHER · Facilitate/participated in events at the Marco Island Film Festival .o. J~D--~- 0¥ 0 5 2002 COLLIER COUNTY FILM COMMISSION ACTIVITIES November 2001 · FMPTA general meeting · Naples Graphics - trade mission invitation design · Film Florida Board meeting · Film Commissioners Council Meeting, Chaired · Governor's Film Advisory Council meeting · Association of Independent Commercial Producers Awards - Chicago · Film Florida Reception - Chicago · AdFed/Miami-Biliboard Reception pRODUCTION NOTES · Richard Fendelman- commercial · Maybelline- commercial · Old Home Foods- commercial · ADR 'Silhouettes" - cataio~,~ · El- tv interview · Richmond Carpet- commerc · Real Comfort- catalogue · AGA,/Chadwick's - catalogue · Bruce Levin Group - still photo · MetroMotion - still photo ~VORKING LEADS · ALL CURRENT PRODUCTION · Nordstroms' - catalogue shoot · Starlink - Internet project · Black Hawk - music video · Julian Bruno - print · Bedford Fair- catalogue · Nordstroms'- print · ^G^- print · ADA- print · We Shoot 'Em · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking (Fiscal Year report submitted also) · Updating production guide 12002) · Location file photos · WINK TV- interview · Drafting Production Partners pilot program · Attended Farm City BBC) l A gen~ ~te~ ,o./~,~ ~ :'NOV 0 5 2002 COLLIER COUNTY FILM COMMISSION ACTIVITIES December 2001 MEETINGS · AdFed Local president · Tourism Alliance of CC Director · VISIT FLORIDA Board meeting PRODUCTION NOTES · Nordstrom's - catalogue · Hidden Lake Prods -commercial · Real Comfort- catalogue · AC.~,/Chadwick's - catalogue · Guerilla Film - tv commercial · W/e Shoot 'Em - print scout · MetroMotion - still photo · Hidden Lake Prods- commercial · J. Gross - commercial · United Retail- print WORKING I,F_,~DS · PBS 'Garden ~isdom' - tv series · (Untitled) UK- feature · Pigeon Creek Films - feature · Rolling Sun Productions - still · FSU student film, Untitled · 'Strange Fruit' - student film · Atlas Pictures - print · U.S. Navy - commercial · ALL CURRENT PRODUCTION SCOUTS · (Untitled) UK- feature · Pigeon Creek Films- feature NOV 0 5 2002 · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking (Fiscal Year report submitted also) m Location file photos · Organizing Legislative Reception w/Film Flodda · ~J~GCU - radio interview · State Certification Program - editing handbook · Production Partners · Museum of the Everglades PR event I ov 0 5 2 )02 COLLIER COUNTY FILM COMMISSION ACTIVITIES January 2002 · Flodda Motion Picture and Television Association · Marco Island Film Festival Board · Karen Bartlett, Location Guide Editor · Tourism Development Council · Visit Naples Toudsm ~/orkshop · Community Services Director-monthly · Bruce Perkins, Producer PRODUCTION NOTES · Pen & Ink- still photo · Bedford Fair - catalogue · ADR - catalogue · I,r///df'Ce.~cue.~- tv segment · Yellow Dog Productions- still photo · Y & Co. - tv commercial · Native Films - tv commercial (TACC) WORKING LEADS · 'The Bail'- feature Nineteenth Star- video Fizz City Films - commercial Young & Rubicam -commercial Pigeon Creek Films - feature Michelle Griseda - photo shoot The Mark Group/Boston Proper - catalogue Shaun Justice - catalogue Villains - commercial Radical Media - commercial PBS - documentary (LEADS CONTD.I · The Bonner Group - photo shoot · R. Richard Hobbs - still shoot Flodda Film & Tape - commercial shoot · GMTV (TV1) - tv series · ALL CURRENT PRODUCTION · The gJorship Network \ ~ I~venue Tracking · Monthly -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking (Fiscal Year report submitted also} · Location file photos · Organizing Legislative Reception w/Film Florida · Set Agenda for upcoming Film Florida meeting · Prepping new location guide · Final proof on production guide · Coordinate American Film Market participation · Ft. Myers News-Press · NBC_TV News · State Certification Program - editing handbook · Production Partners Committee formed N.zOV 0 5 2002 COLLIER COUNTY FILM COMMISSION ACTIVITIES February 2002 · Florida Motion Picture and Television Association · Marco Island Film Festival Board · Visit Naples Tourism Workshop · Community Services Director-monthly · MiamkDade Film Commissioner · FL Film Commissioners Council IChair) · Film Florida · Governor's Film Advisory Committee · Production Partners Committee · City of Naples Police-Comm Services Reps PRODUCTION NOTES · The Mark Group/Boston Proper - catalogue · Bedford Fair - catalogue · Lord & Taylor- catalogu~ · GMTV- U. IC tv WORKING LEADS · PAX TV- pilot · Peggy Pacey - video · Proactive Prods. - video · Bill Wellsley - feature · Florida Film & Tape - commercial shoot · Meetings & Events Network - promo · FSU Film School- trailer · Dream Weaver- music video · Cataland Films - feature · Plum Productions - commercial · Cobblestone Films - tv special · AIL CURRENT PRODUCTION Bill Weilsley - feature Agend.~, .1:t~. " No._/(,,c> NOV 0 5 2002 OPERATIONS · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Location file photos · Prepping new location guide · Coordinate American Film Market participation · Set up booth/display for AFM · Coordinating Production Partners event MEDIA · Naples Daily News OTHER · American Film Mkt. - LA. · AFM Reception - Governor's Office F & E · Film Florida Legislative Reception · Academy of Motion Pictures Arts & Sciences screening COLLIER COUNTY FILM COMMISSION ACTIVITIES March 2002 · Florida Motion Picture and Television Association · Marco Island Film Festival Board · Visit Naples Toudsm Workshop · Community Services Director-monthly · Lehman Locations PRODUCTION NOTES · Bedford Fair- catalogue WORKING LEADS. · Monarchy Films - commercial · Yo Soy Arini Prods, Inc. - indie · Alpha Media - video · PAX TV - pilot · Dick Phillips Prods(Bayer) - PSA · All in One Prods. - HD · RDP Productions - commercial · ALL CURRENT PRODUCTION · La Mesa Films- feature film J2) · John Gelber- magazine layout · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Location file photos · Coordinating Production Partners event NOV 0 5 2002 · Prepare TDC quarterly report · Updating website & linkage MEDIA · Naples Daily News · Film Florida Trade Show Committee - chair COLLIER COUNTY FILM COMMISSION ACTIVITIES April 2002 · Tourism Development Council · Marco Island Film Festival, Baord member · Florida Motion Picture and TV Association, Board member · Community Services Director-monthly · Film Florida Labor Council · Hilton Hotel Marketing Director · City of Naples Park & Rec Director PRODUCTION NOTES Bayer- industrial video/PSA Metro Motion - fashion layout · 20/20 - tv segment WORKING LEADS · Jack & Marilyn - indie film · Sacred Promesa - indie film · ACT- commercial · Pine Ridge Prods. - tv · Ron Friedman - tv · Rolling Sun Productions - print · Waltzing clouds - IMAX · Klayon Films - feature · U3 - commercial · 'Out of Time' - feature · Day-O Prods. - commercial · Partizan Entertainment- commercial · ALL CURRENT PRODUCTION · Lion's Gate - script · 'Out of Time" - feature Agend.~ NOV 0 5 2002 · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Update/redesign City of I~aples film permit application · Location file photos \ · Coordinating Production Partners event · Prepare Ti~C quarterly report · Updating~ebsite & linkage · Naples Dally News · Film Flodda Trade Show Committee - chair 2002 COLLIER COUNTY FILM COMMISSION ACTIVITIES MAY 2002 · Community Services Director<nonthly · Flodda Motion Picture and Television Association · Naples Hilton Sales Director PRODUCTION NOTES · Tinsley Ad- still · TACC - Roger Paperno Photography · Omni Productions - commercial aerials · Mindflow Media - documentary WORKING LEADS · ' Jack & Marilyn' -indie film · 'Sacred Promesa"- indi~ film · Crow Productions - still layout · Partizan Entertainment - commercial · Day-O Productions- commercial · 'Out of Time" - feature film · Norsemen Productions - iow-budget indie · "The Outlaw Zone" - indie film · "Great Hotels" - Travel Channel - tv series · ALL CURRENT PRODUCt"'!ON SCOUTS · Jack & Marilyn - indie film OPERATIONS · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Shooting digitally locations (existing on 35mm and new) · Coordinating Production Partners {AdFed-Miami) · Updating website · NBC - 2 (5-I 7-02) · Film Flodda Trade Show Committee - chair Create marketing calendar for organization Production East coordination · Film Commissioners Council - chair Prepare agenda · Toured Naples Studio new facilities · Marco Island Film Festival - securing potential films NnV 5 COLLIER COUNTY FILM COMMISSION ACTIVITIES JUNE 2002 · Community Services Director-rnonthly · Film Florida Board meeting · Florida Film Commissioners Council- chair · Film Florida Trade Mission Committee - chair · Governor's Council on Film and Entertainment · AdFed workshops · Southwest Florida Film Society- Board member PRODUCTION NOTES · Anne Johnson - still fashion shoot · Fernando Diaz - still shoot · MSNBC- video segment WORKING LF_AD~ ~ Jack & Marilynn - indie film · Picture Productions - commercial · 'Bad Boys I1' - feature film · Plum Prods. - Chrysler commercial · V(/e Shoot 'Em - commercial · Lang Syne Films - indie film · ALL CURRENT PRODUCTION SCOUTS · Jack & Marilyn - indie film · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Location photography [ :nv O 5 2062 · Updating website · NaplesOa/~VNew~press release Film Commission Council chairman OTHER · ^dFed National Convention exhibitor · Production East - coordination of NYC event and reception · Create video piece for FilminFIofida.com · Final revision ~ty of Naples film permit 2002 COLLIER COUNTY FILM COMMISSION ACTIVITIES July 2002 · Community Services Director-monthly · Southwest Florida Film Society - Board meeting · Marco Island Film Festival - Board meeting PRODUCTION NOTES · George Steinhoff- commercial · CMR Digital - tv commercial · Travel Channel - tv series ~'ORKING LEADS · ' Jack & Marilyn' - indie film · ~Demetrius' - indie film · 'Bad Boys 2* - feature film · 'Out of Time" - feature film · Oil Factory - commercial · ALL CURRENT PRODUCTION SCOUTS · 'Demetrius~ - indie film (Pepper Ranch) OPERATIONS · Monthly Revenue Tracking -Polled participants for production activity -Followed-up with activity worksheets to clients -Recorded data · Client Management -Opened a production file for each inquiry · Participated in monthly Governor's Office of Film & Entertainment revenue tracking · Location photography - digital file set-up · Transfer website to county site 2002 · IV~ple$ Illustrated · Flora BI~ Sheet · Video streaming "Featured Location' filminflodda.com Production East- NYC reception coordination · Film FL Trade Mission. Co~mit~ee.. · Casting participation Demetrius NOV 0 5 2002 ~ 0 000 000 NOV 0 5 2002 t NOV 0.5,2002 -.- 8888 2002 ' Z~ZZO ~J ~ ;~ ,ov o ~ ~oo~ I NOV 0 5 20O.2 ~,; n~v 0 5 2002 · ?_- ~. _ Z~ & EXECUTIVE SUMMARY APPROVAL TO SECURE A FIRST AMENDMENT TO LICENSE AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICES FOR THE CONTINUED USE OF COUNTY-OWNED OFFICE SPACE AT THE COLLIER COUNTY AGRICULTURE CENTER THAT WILL NET THE COUNTY A FIRST YEAR REVENUE OF $13,902.45. OBJECTIVE: Approval to secure a First Amendment to License Agreement (Amendment) with United States Department of Agriculture Natural Resource Conservation Services for the continued use of County-owned office space at the Collier County Agriculture Center. CONSIDERATIONS: Since 1992, the United States Department of Agriculture Natural Resource Conservation Services (Tenant) has utilized approximately 1,100 square feet of office space at the County-owned Agriculture Center located at 14700 Immokalee Road. The initial License provided for a five-year term with one additional term of five years expiring in 2002. At this time, both pardcs are agreeable to amending the License term for an additional five years, with an automatic five-year extension beyond that, provided the Tenant is not in default at the time under the tem~. of the License. The annual rent beginning Ma: ~:i: I, 2002, will be $13,902.45 and will continue thereafter until March 1, 2007. Effective MarcI'. i. 2007, the rent will increase to $16,817.24, which shall reflect the annual rent for the remaindc: c,f the lease term. The County will continue to provide utilities to the leased office space, exce,~', phone lines, equipment and service which is the responsibility of the Tenant. Other than the extended terms :~: annual rent noted in the Amendment, all other terms and conditions in the original License A~eement will remain in full force. The time involved in negotiating the renewal term has caused staff to submit this request past the expiration of the Lease. FISCAL IMPACT: The amendment to the license agreement stipulates the annual lease amount for the first five years as $13,902.45, to be received in monthly installments of $1,158.54. Effective March 2007.~ fl~e rent will increase to $16,817.24 annually for the remainder of the lease tenn. This revenue is budgeted in the FY 03 General Fund (001) University Extension Services' account. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached First Amendment to License Agreement and authorize its Chairman to execute san e, AGENDA ITF_.~ No. :% NOV 0 5 2002 EXECUTIVE SUMMARY First Amendment to License Agreement With United States Department of Agriculture Page 2 PREPARED Michael H. Dowling, Propert .~~n~ er~nt Specialist Property Acquisition & Construction Management Facilities Management Department Charles E. Carri~ngton, Jr.I, SRf~A, Manager Property Acquisition & Construction Management Facilities Management Department RE VIE WED BY: Skip (~a' p, , pl~r~ Facilities Management Department DATE: ID-lO REVIEWED BY: ~lanton, Dir~.o Collier County Extehsion DATE: APPROVED BY: DATE: No. /&O 2002 · FIRST AMENDMENT TO LICENSE AGRI~-gMF-.NT THIS FIRST AMENDMP./CF TO LEASE AGREEMENT · ente~d into this day of , 2002 at Naples, Collie~ County, Florida. by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing adch~ss is 3301 East Tnmiami Trail, Naples, Florida 34112, hereinafter referred to ns "LESSOR" and UNITED STATES DEPARTMENT OF AGRICULTURE - NATURAL RESOURCES CONSERVATION SERVICE, hereinafter referred to ns "LF~SEE". WITNESSETH V~rlERF.,AS, the Board of County Commi~sione~ of Collie~ County, Florida and United States Department of Agriculture - Soil Conservation Service, now known ns United States Department of Agricniture - Natural Resources Conservation Service~ have previously entet~ into a Lease Agreement dated February 25, 1992; WHEREAS, the LESSOR and LF, SSEE zre desirous of amending the Lease Agreement; and NOW THEREFORE, in com~ of the covenants and agreements provided within said Lease Agteenw. nt dated Februa~ 25, 1992, and Ten Dolintx ($10.00) and other valuable consideration, raid Lease Agreement is hereby amended as follows: 1. The following provision shall be _~kl__ _,M to Article I of the Lease Agreement: This Lease is hereby extended until the last day of February 2007, and shall automatically renew for one (1) additional term of five (5) years, provided LI:-RSEE is not in default of any of the terms of this Lease. The annual rent, commencing ns of March 1, 2002 shall be $13,902.45. 2. Article 4, Rent Adjustments, contained in the Lease Agreement shall be deleted in its entirety and replaced with the following provision: Beginning on the fu~t day of the sixth lease year, and continuing to the last day of the tenth lease year, the rent shah be $16,817.24, which shall be paid in equal monthly installments of $1,401.44. 3. Except as expressly provided herein, the Lease Agreement between Collier County and United States Department of Agriculture - Soil Conservation Service, now known ns United States Department of Agriculture - Natural Resources Conservation Service, dated February 25, 1992 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except ns expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk BY:. Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman AS TO THE LESSEE: UNITED STATES DEPARTMENT OF AGRICULTURE - NATURAL RESOURCES CONSERVATION SERVICE DATED: Witness (Signatu~) (Print Name) Wimess (Signature) (Print Name) BY: ANGELICA M. Mn .l .~R Real Property Leasing Officer United States Department of Agriculture Approved ns to fol~n~and ~egal sufficiency: Thoma~ ~. P-~me.r,~is~t County Auo y A~en d.a ~te~t~ NOV 0 5 002 EXECUTIVE SUMMARY. APPROVE AN INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT TRAINING BETWEEN COLLIER COUNTY AND THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT OBJECTIVE: Request the Board of County Commissioners approve an Interlocal Agreement - Memorandum of Understanding (MOU) between Collier County and North Naples Fire and Rescue Control District in accordance with Florida Statute Chapter 401.35. CONSIDERATION;, On July 1, 1993, the State of Florida passed legislation, (Chapter 401.35F.S.) which requires all non-licensed first responder agencies to make all reasonable efforts to enter into a MOU with the local, licensed EMS provider, in order to coordinate emergency services at an emergcncy scene. Currently the Interlocal Agreement in effect with the North Naples Fire and Rescue District is limited up to the level of Emergency Medical Technician/Basic. With the execution of this Interlocal Agreement, the p~ofessional standards of patient care and equipment, quality assurance and documentation r~s defined by the State of Florida Bureau of Emergency Medical Services, will be expanded to include advanced guidelines for the level of Paramedic. FISCAL IMPACT: Them is no Ix iscal Impact associated with this Executive Summery. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive ,qtmm]ery. RECOMMENDATION,.: Th~ Board of County Commissioners approve the Interlocal Agreement for Advanced Life Support training between Collier County and the North Naples Fire and Rescue District ? PREPARED BY: ,Date: Emergency Medical Services Department REVIEWED BY: Jell, e, Di{e-ctor Emergency Medical Services Department Dunnuck AJtministrator, Public Services Division INTERLOCAL AGREEMENT: TRAINING MEMORANDUM OF UNDERSTANDING THIS INTERLOCAL AGREEMENT dated this day of , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the North Naples Fire Control and Rescue District, created by Special Act of the legislature in the Laws of Florida 65-2032, hereinafter referred to as "Fire District" WITNESSETH: WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of First Responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein the parties agree as follows: A. DISPATCH PROCEDURE: The Fire District Operates on Collier County SherifFs Office Control channel, therefore the Fire District shall continue to operate under existing Collier County Sheriff's Office dispatch procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a First Responder, an individual employed by the Fire District must (a) successfully complete at a minimum a course that meets or exceeds the 1979 U.S. Department of Transportation First Responder training course, or an Emergency Medical Technician-Basic Course, that meets the U.S, Department of Transportation 1994 Revised EMT-Basic National Standard Curriculum, or as amended. (Proof of course completion is required); and (b) successfully .o.~1 NO¥ 0 5 002 Pg., .... complete the U.S. Department of Transportation Paramedic Modules and pass the Florida State Paramedic exam, and ( c ) complete an AHA CPR Basic Life Support for Healthcare Providers, or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All First Responders, upon arriving at a scene and deeming that the scene is safe, will begin patient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). If the scene is not safe, the First Responder will retreat to safety and notify other responding emergency units of the unsafe situation. A copy of the guidelines is attached as Exhibit A; Basic Life Support Protocol, or as amended. D. QUALITY ASSURANCE. (NON DISCIPLINARY) 1. A quality assurance program will be conducted by the Collier County Basic Life Suppor~ Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basi~, using the Fire District run report. Run reports are the responsibility of the Fire District. 2. The Basic Life Support Coordinator will conduct a two-part quality assurance review: a. Individual run report review by MOU Training Coordinator or Medical Director. The Medical Director or MOU Training Coordinator or Designee shall inform the Fire Distdct or EMCC/iiaison of any Quality Assurance investigations. b. Field Evaluation: The MOU Training Coordinator, the Medical Director and/or the Fire District's Emergency Medical Care Coordinator, "EMCC", shall randomly respond to calls without notice to the Fire District. The purpose of Field Evaluation is to give an appraisal of the EMT-Basic or Paramedic's performance in th,- 2 Agenda. I,t-emt . 0¥ 0 5 2002 emergency setting. The goal is to have all EMT-Basics and Paramedics evaluated in the emergency setting several times a year. Positive feedback as well as correction of deviations from protocol may be noted. If a quality assurance review determines that there is a deviation from the procedures and guidelines, attached in Exhibit A, the MOU Training Coordinator shall complete a Quality Assurance Worksheet in the form of Exhibit B, or as amended. 3. Quality Assurance Committee/Medical Director - Independent Review: The Medical Director Independent Review goal is to give the Quality Assurance Committee and the Medical Director "Hands On" involvement in the QA Program. The Quality Assurance Committee/Medical Director will randomly review 10% of several first responder's run reports to a period of one month. Recommendations shall be made and incorporated into the EMT-Basic or Paramedic's Training/QA File. The Quality Assurance Committee shall be comprised of the MOU Training Coordinator, the EMS Training Coordinator and the Medical Director. E. IN-SERVICE PROGRAM. The in-service program provides face-to-face training for the First Responder, EMT-Basic and Paramedic. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. At a minimum, twenty-one (21) in-service classes a year will be offered at the Fire District's Stations. Scheduling of in-services will be done in conjunction with the Fire District's EMCC. The in-services will follow the DOT/EMT-B and Paramedic first responder curriculum and will contain both didactic and hands-on skill evaluations. The Medical Director will approve one (1) hour of Continuing Educational Units (CEU) per hour of in-service topic. The CEU's can be applied toward the re-certification of Emergency Medical Technician Basic (EMT-B) or 3 Agenda. ~t. enl 2002 | Paramedic certificates. Students are responsible for attending inservice classes to acquire the minimum 32 CEU's required by the Florida Department of HP, S to recertify biannually. Core Skills Competency for EMT-Basics and Non-County Certified Paramedics shall b( successfully completed biannually. Failure to meet this requirement will mean immediate suspension of the EMT-Basic or Paramedic's ability to work under the roles and responsibilities as an EMT-B or Paramedic under current protocols. Actions of this type will involve the Fire District chain of Command. The Core Skills Validation/Mastery Checklist, attached as Exhibit C, shall be ~3mpleted biannually for each EMT-Basic and Non-County Certified Paramedic working under Collier County Medical Protocols. In order to enhance the training prog.iam, the Fire District will identify one person to act as the liaison or Emergency Medical Care Coordinator to the MOU Training Coordinator and the Medical Director. The liaison or EMCC shall work with the MOU Training Coordinator to enhance the Training Program and will assist in teaching per the annual published inservice schedule. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed yearly through the regularly scheduled in-service program. The AED training v, include re-certification of a first responders CPR for Health Care Professionals when necessary. The Basic Life Support Coordinator will also handle all record keeping and quality assurance. G. DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will complete the Fire District run report. Confidential medical information documented by the Fire District's FiJ'~ l~esponder run report will be handled in a manner consistent with federal and state law~. All basic life support run reports are confidential medical information. The format for w~'jtten documentation of a patient encounter shall be: chief complaint, age and sex of patient, vital signs and assessment findings, followed by the treatment rendered. The First Responder shall also document ~o o_z~,-/~-- NOV 0 5 2002 Pg o~ times and who performed the procedures. This information responding EMS crew prior to departure from the scene. shall be provided to the H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval by the Medical Director prior to purchase. This will create a system that provides for the standardization of all basic life support medical equipment throughout the nine area fire districts. The Fire District will equip front-line response units with Chapter 64E-2, Table III, Ground Vehicle and Service Standards; Florida Administrative Code, medical equipment and supplies for non-transport basic life support ground vehicles. !. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. In the event that Collier County EMS Department is notified of an exposure to infectious disease, EMS shall notify the Training & Safety Officer and/or EMCC of the Fire District so they may take appropriate action. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. FILING: A copy of this Agreement shall be filed with the Department of Health and Rehabilitative Services, Bureau of Emergency Medical Services, 1317 Winewood Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier County EMS Department License File. K. OTHER AREAS OF AGREEMENT: The Fire District's EMT & Paramedics may also participate in any EMS training available to EMS personnel, i.e.: BTLS, ACLS, PALS and monthly ALS Medical Direc~,,,r~wices. L. AGREEMENT TERM? This interlocal Agreement shall remain in full force and effective from October 1,200,?'and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. Agenda ~.em. NO¥ 0 5 2002 M. TERMINATION: The County or Fire District may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination to the other party. N. NOTICE: Notice to the County shall be provided to: The Collier County Emergency Medical Services Department. Notice to the Fire District shall be provided to: The North Naples Fire Control and Rescue District. IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement to be executed by their appropriate officials as of the date first above written. ATTEST: DWIGHT E. BROCK, Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Robert B. Tober, MD Collier County Medical Director BY: James D. Carter, Ph.D., Chairman North Naples Fire Control and Rescue District Approved as to form and legal sufficiency J~,qu~iline Hubbard Robinson, Assistant County Attorney Agend.~ kte=~ ny 0 5 2002 COLLIER COUNTY EMERGENCY SERVICES DEPARTMENT M.O.U.- BLS PROGRAM BASIC LIFE SUPPORT PROTOCOL FOR FIRE~RESCUE PERSONNEL JULY 2002 REVISION DR. ROBERT BOYD TOBER, MEDICAL DIRECTOR COMMANDER HELEN ORTEGA, MOU TRAINING COORDINATOR/COLLIER COUNTY EMS DEPARTMENT 2002 The intention of this BLS Protocol is to assist the fire departments participating in the MOU in delivering basic patient care to our community, consistent with medical standards. This revised 2000 version of BLS Protocols provides the Off-line medical direction that is required for the EMT-Basic to function within the guidelines set forth in the 1994 EMT-B standards. The following general measures shall be applied to help promote efficiency and safety when randering emergency cam to the ill or Injured: When applicable, obtain verbal consent prior to treatment. Raspect the patients right to privacy and dignity. CouC(asy, concam and common asnas will aasum the be~t care. Any compel~tt adult has the right to refuse any and all medical care. Should a patient refuse care, an EMS Depa~ Paramedic must assure the appropriate release form Is read and signed by the patient. The first raspondsr shall provide Information to the EMS unit regarding the patient's condition and treatment to that point. If medications have been admini~tared, the EMT-8 shall include s time, name of medication, amount adminl~red, mute and vital signs from the Initial assessment and reaaseasmenta. When first raspondere and EMS Pammedica arrive on scene together, both shall work together with medical equipment needs, etc., to assure that the patient receives Initial treatment from the highast trained medical professional. Fire personnel shall notproceed to s patient's side wfthout minimum basic elrway equipment and AED. GENERAL MEDICAL DIRECTION/CONSENT/REFUSALS AgencJ~ No. ,ovo Pg oJ(~ -----. Infectious Disease Protocol At all times, use universal precautions: 1. Wear gloves to prevent contact with patient body fluids. 2. Wear meaks and protective eye gear during procedures likely to generate droplets of body fluids. 3. Wear gowns during procedures likely to generate splashes of body fluids. 4. Practice the proper cleaning and disinfection or dispceal of equipment and euppllas. $. Wash hands thoroughly before and after patient contact, and after the removal of gloves. If Ii Flint reaponder becontea exp(m~, they should immediately weah the c~.. ntami.n, ated area w~h re)ap and water am re)on M poi~lble end advise the EMS Pmra,m~_,.Ic?_m) m. ey can relay to the ER Physician where the patient is transported to that a mgnmc~nt exposure' has occurred and request that the patient be to.tad. ALWAYS FOLLO~ YOUR DEPARTMENT'S EXPOSURE PLANI INFECTION CONTROLS Each patient ancounter ahall include an initial ;m~esmnent followed by a 8AMPLE hiMory and medical or trauma assessment- Baseline vitala will be obteined and documented along with ~ment findings on the trip Mtset for the department. The Importance of a strong ~t cannot be emphasized enough because the rescuer intervene~ or treats based upon the assessment finding& QUICK REFERENCE HISTORY For a Basic Histo~/:. S~SIGNS & SYMPTOMS A=ALLERGIE8 M=MEDICATION8 I~PREVlOUS ILLNESS L=LAST MEAL E'EVENTS PRIOR =uir For a history/esseasment of PAIN: O=ONSET(Wh~t were you doing when this began?) P=PROVOKES(What makes the pain worse?) Q=QUALITY(What does the discomfort feel like?) R=RADIATION(Does the discomfort move anywhere?) S=SEVERITY(On t ~ of 1.tO.,.rate your pain) T=TIMING (How long ago did this begin?- duration) V=Have you teken Viagra in the p~mt 24 hm? If YES, DO NOT USE NTGlll QUICK REFERENCE FOR SAMPLE HX & ASSESSMENT l A glnd~_ ]~em NOV 0 5 2002 PQ ,,~ TO ASSESS THE LOC USE AVPU A= ALERT & ORIENTED V= RESPONDS TO VERBAL STIMULI p= RESPONDS TO PAINFUL STIMULI U= UNRESPONSIVE CAUSES FOR ALTERED LOC. AEIOU-TIPS A= ALCOHOL E= EPILEPSY I= INSULIN O= OPIATES U= UREMIA . Is thera etoh on board? Has this patient seized? Insulin shock? Namotics or some Rx cough meds? Chemical imbalance? T= TRAUMA Has there been a recent Trauma? I= INGESTION or INFECTION Overdose ? OR Septic shock? p= PSYCHIATRIC Hysteria? S= SYNCOPE Fainted? Vaso-vagal episode? 8~00 QUICK REFERENCE FOR ASSESSMENT MEMONICS FOR LOC Agenda/I.tem ao._/_(,,_~ L NOV 0 5 20i. J,: -IS THE SCENE SAFE? -USE UNIVERSAL PRECAUTIONS- gloves, masks, gowns as indicated. -AS YOU APPROACH LOOK AT THE GENERAL APPEARANCE - consider trauma in any medical patient of altered LOC and take spinal precautions if their is any doubt. -OBTAIN CHIEF COMPLAINT Ask, VVhat°s wrong? -ASSESS THE LEVEL OF CONSCIOUSNESS BY A-V-P-U METHOD -A - Airway - open and maintain using head-tilt-chin lift or Jaw thrust as indicated -B - Breathing- assess the rate and quality - APPLY OXYGEN NOW if protocol indicates -C - Cimulation- check the carotid and radial pulses ~' -D - Disability- is there any bleeding that needs control? Assess Capillary refill and skin color, quality and temperature -E - Expose- Expose the areas that are to be assessed in the focused assessment -Obtain a set of vital signs including the pulse, respirations and full blood pressure (VITAL SIGNS RANGES FOR ADULT CHILD AND INFANT ON OPPOSITE SIDE) INITIAL ASSESSMENT NOV 0 5 2002 MEDICAL PATIENT'S FOCUSED ASSESSMENT: Obtain a SAMPLE history while performing your assessment; · HEAD:check pupils for equality and response to light; · Check the mouth and breath · NECK: check for JVD, accessory muscle use THORAX: check for equal expansion, rash-hives,retractions and breath isounds ABDOMEN: check the general appearance- Flat? Distended? Obese? Protrudent? palpate: soft? rigid? tender? painful? masses? · PELVIS: general appearance, gentle compression should be non-painful · EXTREMETIES: check for movement, strength, grips, rashes and distal pulses · BACK: check the skin for rashes and breath sounds FOCUSED MEDICAL ASSESSMENT UNIVERSAL PRECAUTIONS & SCENE SAFE? · ASSESS THE MECHANISMS OF INJURY (as you approach) · STABILIZE C-SPINE · ASSESS THE LEVEL OF CONSCIOUSNESS - A V P U METHOD · OPEN AND MAINTAIN AIRWAY WITH JAWTHRUST · ASSESS BREATHING RATE & QUALITY; APPLY OXYGEN NOW 15 Ipm NRMask · Provide ventilatory support via BVM & supp. or 02 BY NRM 15 LPM · ASSESS PULSES AT CAROTID AND RADIAL; if absent start CPR immediately · ASSESS BLEEDING & CONTROL HEMORRAGE · EXPOSE & INSPECT NECK: JVD? TRACHEA MIDLINE? SQ EMPHYSEMA? · EXPOSE & INSPECT THORAX: FLAILS?- stabilize immediately with bulky drsg. · OPEN SUCKING WOUND? cover immediately with occulsive · AUSCULTATE - breath sounds present & equal? · LIFETHREAT NOTED? PERFORM RAPID C-SPINE IMMOBILIZATION · TREAT FOR SHOCK- ELEVATE LEGS · PERFORM A FULL HEAD TO TOE EXAM-SPLINT & BANDAGE 8~00 RAPID TRAUMA ASSESSMENT & STABLIZATION Agenda Item N0¥ 0 5 2002 open and maintain ain/vay using Head-tilt Chin-lift method in non traumas open and maintain airway using Jawthrust manuver in traumas In unconscious pts. without a gag reflex: place an orophamgeal airway in semi-conscious pts. place a well lubed Nasal airway Administer oxygen by nonrebreather mask @ 15 Ipm or Ventilate via BVM with supplemental 02 @ 15 Ipm if indicated by assessment findings if a patient refuses mask 02 then offer a Nasal cannula @ 6 Ipm. ff WET OR GURGLING sounds are noted immediately roll the patient to their side Suction as needed but not exceeding 15 seconds without reoxygenation In a fulminating Pulmonary Edema., in an airway that is wet but is clear of emesis/vomit, the EM TB may positive pressure v~4ntilate aggressively with the BVM at 15 Ipm 02. Remember the BVM Is not just for rJon breathing patients - it is for patients who are in enough distress that they no longer are effectively breathing on their ownl If they allow you to sit them in high fowlers position and ventilate them...they need itl If a Pulse Oxim~ter is available it shall be applied after oxygen therapy has been started, and may I stress ONLY AFTERI The pulse ox is not an indicator of adequate oxygenation and shall not determine whether or not oxygen is necessary. Also please note: the pulse ox does not measure carbon monoxide levels - it merely reads how RED the herllaglobin is and CO makes hemaglobin glow even redder than normal! A~niini~ter 100% O2! 1102 AIRWAY MAINTENANCE PROTOCOl[, Agenda :[~:em. , NOV 0 5 2002 OBSTRUCTED AIRWAY conscious adult or child: admin, abdominal thrusts until the airway is cleared or pt collapses; for infants alternate back blows/chest thrusts unconscious: attempt to ventilate; if successful continue assisting ventilations. if unsuccessful: reposition airway and attempt vent again if still unsuccessful: admin. 5 abdominal thrusts - open airway, look, sweep and attempt vent. repeat this cycle until the airway is clear. for infants: add the alternation of 5 back blows & 5 chest thrusts NEVER BLINDLY SWEEP A CHILD OR INFANT'S AIRWAY! Once airway is cleared: Hypervenfilate with BVM and supplemental oxygen (~ 15 Ipm to relieve hypoxia Airway maintenance with suction and OPA if gag is absent. Support ventilations until patient's respirations are of adequate rate and quality 8100 OBSTRUCTED AIRWAY 2002 assessment/SAMPLE/baseline vital signs open and maintain the airway use airway maintenance as appropriate ventilate with BVM with supp. 02 ~} t5 Ipm: adults every 5 seconds child or infant every 3 seconds ( with appropriate size BVM ) reassess frequently to assure the presence ora pulse 8~00 RESPIRATORY ARREST assessment/SAMPLE history and vital signs administer oxygen 15 Ipmvia NRM In the conscious known diabetic patient who can swallow on command and DOES NOT have any signs of CVA such as facial droop,.unilateral weakness, inability to follow commands, AND who denies history of not taking their insulin for days, the EMT-B shall: Administer t tube Insta-glucose PO by squeezing a small amount onto a tongue blade, inserting it between the cheek and gums. Record the time, dose and route. (if patient's family can perform a glucometer check a value below 75 ia LOW ) reassess LOC, vital signs, skin quality -temp & condition Turn patient over to a EMS Paramedic for ALS assessment/treatment or informed refusal- it is absolutely necessary for this patient to talk to an EMS Dept. Paramedic 8~00 ALTERED LOC- KNOWN DIABETIC ORAL GLUCOSE TRADE NAMES: GLUTOSE, INSTA -GLUCOSE MECHANISM OF ACTION: RESTORES CIRCULATING BLOOD GLUCOSE LEVELS INDICATIONS: KNOWN DIABETIC THAT D/SPLAYS GENERAL WEAKNESS, COOL MOIST SKIN, OR HUNGER AND WHO CAN FOLLOW THE COMMAND TO SWALLOW CONTRAINDICATIONS: INABILITY TO SWALLOW UNCONSCIOUSNESS ANY SIGNS OF CrA (STROKE): UNILATERAL WEAKNESS FACIAL DROOP HEADACHE NORMAL GLUCOMETER READING BY FAMILY- 75 OR GREATER SIDE EFFECTS: NONE COMPLICATIONS: POSSIBLE ASPIRATION OF GLUCOSE DOSING: ADMIN. 1 TUBE OF GEL BY SQUEEZING SMALL AMOUNT AT A TIME ONTO A TONGUE BLADE AND INTO MOUTH BETWEEN THE CHEEK & GUMS Agenda. ~tem, NOV 0 5 2002 assessment / SAMPLE history & baseline vital signs consider spinal precautions if history unk. consider causes for decreased LOC. USE A E I 0 U-TI P S administer oxygen ~ 2 ipm NC with airway maintenance pm left lateral recumbant position allow a safe place for possible seizure activity/guard head & airway treat for shock as Indicated suction ready; if emesis occurs note appearance I content/amount package patient and ready for transport reassess vital signs every 5 min. & record if patient is Diabetic follow KNOWN DIABETIC protocol 8100 CVA/ SEIZURE/ CONFUSION ALTERED LEVEL OF CONSCIOUSNESS Agln. ~.Item, | NOV 0 5 2002 assessment/SAMPLE/OPQRSTV/baseline vital signs admin, oxygen ¢~ 2 Ipm NC if the patient has a normal LOC and skin color admin, oxygen ~ 12 Ipm NRM, or support ventilation if LOC or cyanotic position of comfort; calm & reassure patient Look for signs of CHF or Pulmonary Edema; if none noted and if wheezes or dry diminished lung sounds are auscultated the EMT-B shall: 1)determine if the patient has a prescribed Albuterol inhaler 2) check for expiration date 3) shake the inhaler 4) Administer 1 puff/inhaled, documenting the time, dose, and mute. 5) Reassess and note any changes in dyspnea, breath sounds and color of the skin 6) repeat a full set of vital signs 7) The EMT-B may repeat the inhaler treatment once ASTHMAJCOPDIEMPHYSEMA INHALERS: GENERIC NAMES: ALBUTEROL, METAPROTERNOL ISOETHARINE TRADE NAMES: PROVENTIL, VENTOLIN ALUPENT, METAPREL BRONKOSOL, BRONKOMETER MECHANISM OF ACTION: BRONCHODILATION INDICATIONS: COPD, ASTHMA,BRONCHITIS, EMPHYSEMA CONTRAINDICATIONS: PULMONARY EDEMA/CHF DOSING: ASSIST PATIENT WITH INHALER - ADMINISTER DURING INHALATION ADMINISTER 1 PUFF SIDE EFFECTS: tachycardia, hypertension, weakness, nervousness, nausea/vomiting NOV 0 $ assessment/SAMPLE//baseline vital signs do the OPQRS TV history for pain and carefully document findings administer oxygen @ 15 Ipm via NRM position of comfort; calm and reassure patient Determine/f there is a history of chest trauma; if none noted then the EMT-B shall: 1) Determine if the patient has prescribed NTG & HAS NOTtaken Viagra within 24 hrs 2) Check the expiration date but do not shake prior to admin. 3) Assure that the blood pressure is 100 systolic or above 4) Instruct the patient to lift tongue 5) Administer 1 NTG .4 mg (1 tablet or I spray) SL, in a lying or sitting position; document the time, dose, rou~ and BP 6) REASSESS THE SEVERITY OF PAIN ON 1-10 SCALE AFTER 4 MINUTES 7) Repeat administration of NTG .4rog SL every 5 minutes as long as the BP > 100 and discomfo[t is present; if relief noted then note the time and reassess. ff hypotension develops during NTG administration place the patient in trendelenburg if they can tolorate this position without objection. Continue high flow 02. Reassess vitals. CHEST PAIN OF CARDIAC ORIGIN NITROGYLCERIN GENERIC NAME: NITROGLYCERIN TRADE NAMES: NITROBID,NITROSTAT,NITRONY MECHANISM OF ACTION: RELIEVES PAIN OF ANGINA BY VASODILATION OF THE CORONARY ARTERIES INDICATIONS: CARDIAC CHEST PAIN CONTRAINDICATIONS: CHEST PAIN RELATED TO A TRAUMA HYPOTENSION BELOW 100 SYSTOLIC SIDE EFFECTS: HYPOTENSION, HEADACHE, FAINTING DOSING: ADMINISTER PATIENT'S NTG .4MG SUBLINGUAL EVERY 5 MINUTES AS LONG AS BP REMAINS 100 SYSTOLIC OR ABOVE OR UNTIL RELIEF NOTED Agenda ..*~' '~ No.~oJ.. _' NOV 0 5 200; assessment - if respirations & pulse absent BEGIN CPR if airway obstructed follow obst. airway protocol consider trauma? hazards - conductive surfaces age & weight limits - administer oxygen 15 Ipm via BVM with reservoir APPLY LIFEPAK 500 AED AND FOLLOW THE SHOCK PROTOCOLS (SEE FLOW CHART ON BACK) If a Public Access AED is in use upon arrival, the EMT-B shall assist the rescuer by taking over airway, utilizing oxygen, airways, suction and the BVM to enhance the rescue effort, if the lay rescuer is failing to achieve basic AED operation then the FD EMT-B shall place their AED on the patient and continue the rescue per protocol and notify the BLS Coordinator immediately. IF A PULSE IS REGAINED: reassess and support ventilations to relieve hypoxia as needed protect the airway and suction as needed assess perfusion and obtain a full set of vital signs treat for shock REASSESS PREQUENTLY FOR A CAROTID PULSE PERFORM A FULL HEAD TO TOE LOOKING POR. ASSOCIATED INJUIRES v' NO PULSE OR RESPIRATIONS & AIRWAY PATENT then LP 500 may be used on patients 8 yrs and over or 55 lbs. DRY CHEST & MOVE PATIENT TO A DRY SURFACE DO NOT USE AED IN TRAUMA ARRESTS DUE TO BLOOD LOSS USE ANTERIOR- LATERAL FAD PLACEMENT PROTOCOL MANDATES THE AED OPERATOR CALL FOR A DOWNLOAD 253-5713 ~ss,.~,~e hazards removed press "on" ! assess foliow aed commands .cive verbal report I Call "CLEAR" · Deliver first stack of three shocks ~. 200, 300, 360 joules as advised I check pulse; if no pulse start CPR alter 1 min CPR aed auto reassesses 2nd stack of 3 shocks as advised call 'CLEAR" &shock ~ 360 joules 1 I rd stack of shocks are Indicated if'shock adivsed" call "CLEAR" & shock as advised ~ 360 joules · total of nine shocks are possible I' I Hand offto CCEMS ALS UnitI give verbal report i call for AED download I I No shock advised: check breathing & pulse if no breathing & pulse start CPR for 1 min. aed assesses 2nd stack if shock advised if no shock advised then CPR 1 min & reaseass No shocks are indicated ? 'r~"no shock" advised: do CPR I min. aed auto reassesses I IHand offto CCEMS ALS Unit give verbal report call for AED download assessment/SAMPLE/baseline vital signs administer oxygen @ 15 Ipm NRM treat for shock; calm and reassure patient If patient is a known allergic with an Epi-auto-injection pen and hives, itching or burning skin is noted OR signs of impending airway compromise and or shock the EMT-B shall: ASSESS THE BP AND ASSURE SYSTOLIC BELOW t60 1) Obtain the patient's Epi-pen and check expiration date 2) Expose the lateral mid- thigh on patient's leg 3) Prep the site with an alcohol prep 4) Administer the Epi-pen dosage that their Dr. prescribed; usual doses: ADULT = .3mg CHILD=.15mg However, the rescuer may note that some adult patients have Epi-pens . 15mg, this is usually due to age or cardiac history. 5) Immediately dispose of the Epi-pen into a RED biohazard container, DO NOT RECAP/. 6) IF Benadryl tabs are also present in the Ana Kit- admin, them by mouth. 6) Reassess for any changes and repeat vitals ~00 ANAPHYLAXIS EPINEPHRINE I:1000AUTOINJECTOR PEN GENERIC NAME:ADRENALIN TRADE NAME: EPI-INJECTION,EPI-PEN, ANA KIT MECHANISM OF ACTION: CONSTRICTS BLOOD VESSELS, COUNTERACTS HISTAMINE EFFECTS (SHOCK) BRONCHODILATES INDICATIONS: ITCHING, BURNING OR HIVES IN KNOWN ALLERGIC PATIENT AIRWAY COMPROMISE SIGNS SHOCK DUE TO ANAPHYLAXlS CONTRAINDICATIONS: NO EVIDENCE OF AN ALLERGIC REACTION OR SYSTOLIC >fSO SIDE EFFECTS: TACHYCARDIA, PALLOR, DIZZINESS, CHEST PAIN, HEADACHE NAUSEA, VOMITING, ANXIOUSNESS, TREMBLING, INCREASES 02 CONSUMPTION BY THE MYOCARDIUM DOSING: ADULT PEN DOSE= .3mg given mid-thigh, laterally PEDI PEN DOSE = .15 mg given mid-thigh, laterally Note: Adrenalin increases the myocardial oxygen consumption, therefore, MUST BE ADMINISTERED ALONG WITH HIGH FLOW OXYGEN to prevent cardiac compromise. EPI THAT HAS EXPIRED AND IS STILL WITHIN EXPIRATION DATES APPEARS CLEAR BROWNISH IN COLOR- DO NOT ADMINISTER! No.~_~, C) .- NOV 0-5 200 assessment/SAMPLE~aseline vital signs also history of: due date?, prenatal care?, complications?,crowning?, feeling need to move bowels? membranes ruptured? place mom in left lateral recumbant position until delivery time remove clothing from the waist down and drape with sheet assist with the delivery and immediately suction the nares & mouth perform the ABCD's for infant delivery: A= AIRWAY- sniffing position / maintain B= BREATHING- stimulate if rate/quality poor- resuction as necessary C= CIRCULATION- check brachial pulse start CPR < 80/min. D=DRY! - dry infant off immediately and wrap in clean warm towels with capl · wait to cut cord until after ABCD's · NOTE TIME OF DELIVERY · keep baby below or level to mother until cord is clamped & cut · clamp cord 6-8" away from infant and cut; inspect for bleeding · if bleeding noted then apply another clamp 1" closer to infant, cut. · Perform an APGAR score @ 1 minute and 5 minutes after delivery 8~00 CHILDBIRTH I NORMAL INFANT DELIVERY PROLAPSED CORD Place mother in knee-chest position with buttocks elevated secure airway and administer oxygen 15 Ipm NRM W"[th a sterfle gloved hand, gently push the baby up the vagina & off the cord to allow perfusion of the cord; check for a pulse in the cord maintain this position - wrap the cord with moist saline dressings reassure mom BREECH BIRTH If the infant's head is not delivered action must be taken to prevent suffocation. V~ffh a sterile gloved hand, the EMTB shall insert a finger into the infant's mouth and pull the chin down to the chest; have the mother push and the baby should deliver. Suction ... Never attempt to pull the baby out of the vagina This is a true emergency; upon the ALS unit arrival the patient should be loaded for immediate transport. 8/00 COMPLICATED CHILDBIRTH/APGAR SCORE ! Ho'v o 5 2oo (eEo~l ~ ~ HEAT EXHAUSTION: cool-warm/moist skin, general weakness, tachycardia, low or falling BP, history or exposure to heat and humidity with poor rehydration assesement/SAMPLE/baseline vital aigns MOVE THE PA TIENT TO A SHADED/COOLER AREA/WELL VENTILA TED secure an airway and administer oxygen ~0.12 Ipm NRM cool the patient by removing excessive clothing end applying Lg. amounts of cool H20, DO NOT APPLY ICE or COVER WITH WET TOWELS If the patient ia alert and has no nausea give water to drink first. Next · Gatorade type drink diluted 1:1 with water 1-2 glasses; if nausea orAltLOC holdenything mymouth masssss vitals give report to EMS; Including amount and type of fluids if any were given HEAT STROKE: Altered LOC to unconsciousness, hot dry skin, tachycardia, hypotension. ssssssment/SAMPLEJbeselins vital signs MOVE PATIENT TO A SHADED/COOLER AREA/WELL VENTILATED secure an airway and administer oxygen 15 Ipm NRM or BVM as necessary IMMEDIATELY REMOVE CLOTHING COOL PATIENT with garden hose OR fire hose set on fog* with attendant on ai~vay* Place a wrapped cold pack behind the neck AVOID USING TOWELS TO COOL: FAN BARE WET SKIN give nothing by mouth reasssss vital signs and continue cooling efforts 8100 HEAT EMERGENCIES aeseesment/SAMPLE/baseline vital signs gently remove patient from the cold environment (Remember:. rough handling can catme cardiac arrest) remove any cold/wet articles of clothing- replace with dry blankets administer oxygen 10-t2 Ipm NRM (warmed if possible) mOO COLD EMERGENCIES Agenda ~Ttem NO.~ N 0V 0 5 2002 Unstable Trauma Victim Altered LOC, dyspnea, chest pain, respiratory rate 10 or below or above 301rain,, delayed capillary refill, absent radial pulse,BP below gO systolic, or have a general poor appearance they shall be considered unstable and extricated with rapid extrication techniques: assess ability to move extremeties apply long backboard C-Collar (measure and apply appropriate sized) apply 3 straps using CROSS STRAP TECHNIQUE apply head stabilizing device masse, ss ability to move Stable Patienta with MECHANISM OF INJURY or neck/back PAIN: assess ability to move extmmeties apply long backboard C-Collar (measure and apply appropriate size) KED apply 3 straps using CROSS STRAP TECHNIQUE apply head stabilizing device reassess ability to move ALL WATER RELATED ACCIDENTS, HANGINGS, FALLS, MVC~ SHOULD HAVE SPINAL pRECAUTIONS; PREGNANT MOMS: TILT THE FULLY IMMOBILIZED MOTHER-TO-BE TO THE LEFT 30 DEGREES- this Increases blood flow back to her and babyl 8100 SPINAL MOTION RESTRICTION' STABLE I UNSTABLE 0 5 200 _ rapid trauma assessment/SAMPLE/baseline vital signs rapid extrication and package open and maintain airway; control any external bleeding administer oxygen 15 Ipm NRM protect the airway and anticipate vomiting posidon in trendelenburg, feet elevated 6-12" maintain body heat- cover with blanket splint painful or deformed extremities in the position of comfort if time allows REASSESS FREQUENTLY TILT PREGNANT~iMOMS' BACKBOARDS TO THE LEFT 30 DEGREES. 8/0O SHOCK assessment/SAMPLE/baseline vital signs evaluate the mechanism of injury for foreign bodies OR chemical bures of the eye: immediate flush of both eyes with 2000cc of sterile Saline or clean water if necessary cover both eyes with moist sterile dressings the exception to this rule is penetrating Injury of the eyeball for an injured globe of the eye: assessment/SAMPLE/baseline vital signs assess vision do not apply pressure to the eyeball place a moist sterile .aline dressing over the eye/cover BOTH eyes resesum the patient EYE INJURIES 2002 ADULT TRAUMA CRITERIA: 1. Meets color-coded triage system of 2 BLUES or I RED. 2. GCS of 12 or less, excluding those with known 12 or less as their normal LOC. 3. Meets local criteria: Traumatic OB patients over 20 weeks gestation with potential for fetal distress. 4. Patient does not meet any of the criteria listed above but, in the judgment of the EMTB or Paramedic, should be transported as a Trauma Alert. PEDIATRIC TRAUMA CRITERIA: FOR 15 YRS OR LESS 1. Meets color coded Pedi tdage system for 2 BLUES or 1 RED. 2. Patient does not meet any of the trauma criteria of 2 BLUES or 1 RED, but Should be transported as a TRAUMA ALERT due to EMTB or Paramedic judgment and he/she documents the mason on the State of Florida Trauma Criteria Form. When Fire Department EMTB's or Paramedics think they have a Trauma Alert they should alert the MEDCOM in that Division on EMS TAC 1. Advise what you are noting that meets trauma alert criteria and coordinate with the incoming Medic Unit & MEDCOM. It will be the decision of the MEDCOM to preflight or send MEDFLIGHT 1; this is consistent with CCEMS General Orders on MF1 and is the same direction for Medic Units. 8100 TRAUMA ALERTS NOV 0 5 2002 initial/rapid trauma assessment/SAMPLE/perform baseline AVPU control the c-spine spinal immobilize expediently using RAPID EXTRICATION open airway using jawthrust and maintain airway suction as necessary Administer oxygen @ 15 Ipm NRM if conscious Ventilate with BVM and supplemental 02 15 Ipm ~ 15 vents/min. Only ff unconscious & posturing: Hyperventilate ~ 24-30 vents/min. control any external bleeding; apply drsgs as indicated treat for shock position the fully immobilized patient with head elevated 6 inches perform a head to toe assessment as soon as possible after ABC's assured splint any deformed, swollen or painful extremities as time permits 8100 HEAD INJURY N~._ /c,~_ NOV 0 § 2002 assessrnent/SAMPLEibaseline vital signs STOP THE BURNING PROCESS ff burning is present CONSIDER ASSOCIATED INJURIES- perform a complete head to toe administer high flow oxygen ~t0-12 Ipm NRM assess the BSA % using the Rule of Nines check the sinvay for signs of: sootie nares, tongue and hoarseness, coughing cover bums with moist sterile saline dressings then cover with dry sterile wrap the patient in a clean dry sheet treat for shock reassess If the bum was due to dry lime: BRUSH OFF DRY LIME FIRST THEN FLUSH WITH COPIOUS AMOUNTS OF WATER If the burn was due to other chemicals then: immediately flush with copious amounts of water remember to remove clothing and jewelry being careful to keep it with patient 8100 BURNS - · THE RULE OF NINES Fjmat~o~ of Burned Body So.ce pERCENT] · ..':'-. ;.. :'-':.':' ...... ~FANT NOV 0 5 2002 FOR STING RAYS: position of comfort assessment & vital signs If very warm water and a bucket is available then submerge the limb in very warm water;, the first responder should test the water first with own hand to prevent burn. Instant pain relief is achieved with submersion of the affected limb Hot packs may leak, causing chemical or thermal bums. DO NOT APPLY HOT PACKS TO THE INJURY; immersion in very warm water is the goal. FIRE CORAL, JELLYFISH AND MAN OF WARS: DO NOT RUB; causes rupture of venom sacs in skinl Position of comfort assessment & vital signs Rinse affected area with saline or salt water Rinse with vinegar and then again with saline or salt water Spdnkle meat tenderizer on affected area and scrape off with a card Remove large tentacles with tape in quick pull off Monitor for developing symptoms Treat for shock with 02 15 Lpm and Trendelenburg if necessary 8100 MARINE FAUNA INJURIES Agend.~ No, /~,,D NOV-O 5 20 Position of comfort Do not allow the victim to ambulate! Assessment & vital signs Assess for envenomation: PAIN, SWELLING, DISCOLORATION, SHOCK? Remove any constricting items or jewelry from bitten extremity Oxygen 15 Ipm NRM If shock is noted place patient in Trendelenburg position and cover w/blanket Wrap bitten extremity with lymphatic (LIGHT) pressure in an ace bandage wrapped proximal to distal and splint in a rigid splint, keep at heart level 8100 SNAKEBITE Agenda/Z~em~ NOV 0 5 2002 _ Divers begin hours after the dive but may occur as long as 48 hrs after the dive. include: deep, dull ache with pain on movement of the joints paralysis/paraesthesia itching, blotchy skin dizziness, staggering gate chest pain, dyspnea, pulmonary edema, unconsciousness should be treated for decompression sickness for symptoms which more than 10 minutes following the dive. It usually appears within 12 Symptoms Place patient in Left Lateral Recumbant position and elevate feet 6-12" Oxygen 15 Ipm NRM/assure\ adequate ventilation Vitals and assesslreassess fr~luentlyl Obtain DIVE HISTORY AS BELOW Advise incoml ~r~q EMS unit if not already onscene because MEDFLIGHT is a consideration fer this patient for a Iow altitude flight to Hyperbaric Chamber in LEE Co. 8100 DYSBARIC DIVING INJURIES DIVE HISTORY QUICK REF: Number of dives in the past 72 hrs. Depth of dive Bottom time on dive Surface interval of each dive Details of the IN WATER DECOMPRESSION Whether the diver attempted IN WATER DECOMPRESSION ( A NO NO!) Dive complications, if any Pre dive and post dive activities Onset of symptoms Decompression sickness will usually manifest it's self within the first hour of surfacing and certainly within the first 6 hrs. Symptoms occurring within the first 10 minutes suggest air embolism. Ref: Paramedic Emergency Care, Brady The method of splinting is determined by the patient's status. If the patient is critical or seriously injured then chose a rapid method of splinting. For multiple leg fractures the MAST, if available, may be used to splint. If the patient is a "LOAD & GO," then rapid packaging to a long backboard and placing the extremity in the position of function. following are general guidelines of splinting: The .......... t will restrict movement above and below the B choose a pac~aea splln~ m~ injury I . check dista pulses, temp and color before and after splinting ~ splint in the position of function unless the extremity is angulated at elbow or knee and is perfusing* ~ splint elbows and knees in the position found ~ always leave fingers and toes exposed ~ cover open wounds with sterile dressings and control bleeding with direct pressure ~ traction splint suspected femur fx. I do not attempt to push protruding bones back into place* ~ if an extremity is pulseless ,blue and cold then realignment is necessary; realignment achieved by bringing the extremity into position of function SPLINTING 8~00 NOV 0 5 20O2 R= RESPIRATIONS P= PERFUSION OR PULSE M= MENTATION · Request all persons involved in incident who can walk to walk to you · Hand these victims green triage tags and assign a leader. · Proceed to the next closest victim and begin general triage using RPM · R ... position airway...breathing? Rate over 29=RED Rate under 29=yellow · NO breathing? BLACK TAG and move on · P...rsdlal pulse or cap refill: radial present or cap refill norm= yellow · radial pulses absent or cap refill delayed or absent= RED TAG · M...check mental status; can follow simple commands= yellow · fails to follow simple commands = RED TAG Get total head count and report to ICS. Return to RED TAG victims and begin rapid package and indicated treatments 8100 START TRIAGE Agenda Item NOV 0 5 2002 COLLIER COUNTY EMS DEPARTMENT Pk . return the completed work sheet to the Training Commander within 2 weeks of the issue date. INCIDENT NUMBER: CREW MEMBER: State Number CREW MEMBER: State Number TYPE OF CALL: ISSUE DATE: QUALITY ASSURANCE WORKSHEET PATIENT NAME: Name Name Status: Informational Date of Call: SHIFT: Re-mediation QA Committee D--"~mograph,c Documentation Complete Patient Assessment Completed o NO COMMENTS ~ Chartdng Apprcpr~ate? I Treatment Per Protccsl '~ REVIEWED BY (required): COMMENTS: TRAINING COMMANDER ( required ): COMMENTS: MEDICAL DIRECTOR ( Not required}: COMMENTS' ___.._ EMPLOYEE SIGNATURE(required): COMMENTS' ___._. DATE: DATE: DATE: DATE: Exhibit C COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT MOU TRAINING PROGRAM Core Skills Validation Mastery Check Off-List Name: Training Officer. EMT-Basic Paramedic (circle one) Fire Dept.: 1. ~ge Fimt A~val: Scene comman~ ref~al~ A~DNRO 2. Skal~l~ge P~ient A~ment: M~ical P~ient A~ment: Trauma 3. ~o~g~Skill Basic Airy: OPA, NPA, B~, S~oning 4. Skill/~owledge Supplemental O~gen: NC & NRM 5. Skill/~owledge E~otracheal In~bation: ~eparation 6. S~lF~owledge CPR: Adu~Chil~lnfant 7. S~lF~o~dge AED O~mtion and ~ot~ol 8. Skill/Knowl~ge S~nal Motion R~ion: C-Cdlar, Mrapping, Io~ backward 9. Skil~edge Tmatme~ of Sh~k 10. Skil~e Treatment of Anaphyla~ic Sh~k: E~Pen Admiration 11. S~~e Tmatme~ of AMhm~COPD: AIb~eml Inhaler Admin~fion 12.S~F ~e~e Treatment of AEemd LOC~ Dia~: I~l~e Admin. 13. Skil~e Tmatme~ of Ch~ of Cardiac O~gin: NTG Admin. i Ho. /~ u nv 0 5 2002 Pg .~ ISkill/KnoMedge.~.:.= i ~,: FTO/Designee 14. Skill/Knowledge 15. Skill 16. Skill 17. Skill/Knowledge 18. Skill/Knowledge 19. Skill/Knowledge 20. Skill/Knowledge 21. Skill/Knowledge 22. Skill/Knowledge 23. Skill/Knowledge 24. Skill/Knowledge 25. Skill 26. Skill 27. Skill 26. Skill Date ';:~. ,. [! ': Area of Concentration Pedpheral IV Start Broslow Tape Glucometer Endotracheal Intubation (Oral) Intubation (Nasal) ET Medication Administration IV Medication Administration Sub-Q Medication Administration 12 Lead Electrode Placement 12 Lead Recognition: AMI/Infedor 12 Lead Recognition: AMI/Antedor Tracheal Suctioning Nebulizer: Albuterol Cardioversion (LP-12) Defibrillation (LP-12) Agefld~/,~em~ j NOV 0 QQZ EXECUTIVE SUMMARY. AUTHORIZE TWO BUDGET AMENDMENTS, THE FIRST RECOGNIZING COMMUNITY DEVELOPMENT BLOCK GRANT REVENUE IN THE AMOUNT OF $60,000 FOR THE SOCIAL SERVICES DEPARTMENT TO PROVIDE PRESCRIPTION MEDICATIONS TO LOW INCOME RESIDENTS IN IMMOKALEE, AND THE SECOND TO REDUCE THE FY03 SOCIAL SERVICES CLIENT ASSISTANCE EXPENDITURE BUDGET AND INCREASE THE GENERAL FUND (001) RESERVE FOR CONTINGENCIES BY $60,000 OBJECTIVE: To recognize Community Development Block Grant (CDBG) funding awarded to the Social Services Department to provide prescription medications to low income residents in Immokalee. CONSIDERATION: On June 1 l, 2002, the Board of County Commissioners approved the amended Collier County Co~solidated one-year action plan for FY '01-'02 for the use of US Department of Housing and Urban Development Community Development Block Grant Funds. The Social Ser,~;~:~s Department applied for and were awarded funds per Subrecipient Agreement #0011 i.~xd Prescription Medication Program. Whereas Collier County has entered into an agr~'cment with the United States Department of Housing and Urban Development for a gr~v f;:' ~he execution and implementation of a Community Development Block Grant Prc~.: :;." in certain areas of Collier County, pursuant to Title I of the Housing and Commu~:'~ ~velopment Act of 1974, the Department of Social Services desires to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan. Specifically, the scope of this pro.icct is the expansion of an existing rural prescription medication program by the Collier County Social Services Department working in collaboration with Collier Health Services, Inc. at Mar/on E. Fether Clinic, located in Immokalee. Currently, Collier County Government provides assistance to eligible indigent residents as required by Florida Statute. The service provides emergency/short- term pharmacy assistance. The CDBG funds will provide prescription service to 150 additional very low-income indMduals in Immokalee. The Social Services Client Assistance FY 03 budget included an additional $60,000 for expenditure for medicine and drugs in anticipation of the CDBG grant. It is necessary to place these funds in a project number so that they can be identified and tracked. Therefore budget amendments are needed to recognize the grant revenue, authorize expenditure of such, decrease the Social Services Client Assistance expenditure authority and increase the General Fund (001 ) reserve for contingencies by $60,000. AGENDA ITEM No. I ~'[;> N 0 V Pg., FISCAL IMPACT; A budget amendment is necessary to recognize the CDBG revenue and authorize expenditure of such in the amount of $60,000 in the Community Development Block Grant Fund (121) in the Cliem Assistant Grant account. An additional budget amendment is needed to decrease the General Fund (001) Social Services Client Assistance operating account by $60,000 and increase General Fund (001) reserves by a like amount. GROWTH MANAGEMENT IMPACT: This action implements the Growth Management Plan, the Immokalee Master Plan and Redevelopment Plans by providing public services to improve the health, safety, and welfare of the community. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendments, as previously described, to recognize CDBG funds for providing prescription medications to individuals in need in Immokalee. SUBMITTED BY: APPROVED BY: Barry Williams, Director, Social Services Department /~hn D~ulmuck, Administrator, [Public Services Division Date: EXECUTIVE SUMMARY APPROVAL TO UTILIZE STATE CONTRACTS FOR PURCHASE OF FURNITURE AND FLOOR COVERING OVER TWENTY-FIVE THOUSAND DOLLARS. OBJECTIVE: To seek Board approval to utilize State Contract pricing for capital projects and operating budgets for a twenty-four (24) month period. CONSIDERATIONS: The County will require furniture and floor covering for multiple Board approved capital projects (Sheriffs Jail Addition, North Naples Satellite Government Center, and others) in the next twenty-four (24) momhs. Additionally, some operating departments may also require these commodities. The State of Florida has formally and competitively bid these items making the discounted pricing available to local governments. The County's Purchasing Policy provides for the utilization of these contracts, but purchases in excess of $25,000 require Board approval. Hence, staff is requesting approval to purchase furniture and floor covering through State contracts for a period of two years. Under this recommendation, purchases are not to exceed the appropriation for each project or operating cost center. FISCAL IMPACT: Funds are budgeted in each project and / or operating cost center. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve staffs recommendation to purchase State Contract commodities over twenty-five thousand dollars as addressed within this summary. Reviewed By: Reviewed By: S~it~aff~, CFl~l,'D~rector The Departmem of Facilities Management Date: tephed camell~*Director Purchasing Departmem Date: Approved By: Date: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division AGENDA ITEM NO .~ OV 0 5 002 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND 516, PROPERTY & CASUALTY INSURANCE, TO CORRECT DEFICIT IN CLAIMS EXPENDITURES FOR FY02. OBJECTIVE: To seek approval from the Board of County Commissioners for a budget amendment to correct a deficit in FY02 expenditures for Property & Casualty insurance claims. CONSIDERATIONS: The Board of County Commissioners operates a self-insured property and casualty insurance program to fund property and casualty claims. Given the fact that it is almost impossible to determine the exact date a case will settle, funds are not budgeted in the operating portion of the budget for this purpose. Rather, the amount budgeted for claims reflects those funds necessary for the payment of routine claims expenses. Funds are available in Fund 516 Reserves for non-routine claim expenses and are transferred into the operating account as needed. Non-routine expenses for outside counsel fees on the following claims created a deficit in Fund 516 in FY02. Wajerski v. Collier County Mailers v. Collier County Aquaport v. Collier County Aquaport v. Collier County $58.945.78 $17,607.45 $28,085.51 $31,978.45 Date Paid: 9/20/02 Date Paid: 9/20/02 Date Paid: 9/4/02 Date Paid: 9/23/02 Staff is requesting a budget amendment to fund these unanticipated expenses. FISCAL IMPACT: A budget amendment in the amount of $92,400 is needed for non-routine claim expenses paid in FY02 per the Finance Department. The funds are budgeted in reserves in the Property & Casualty Fund and the Budget Amendment will transfer funds out of reserves into the operating account. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the attached budget amendment in the amount of $92,400 to transfer funds from FY02 Reserves in Fund 516 to the operating line item Insurance Claims 516-121650-645920. Jeff~alker, Director Risk Management Date: REVIEWED BY: ~ Date: Jo-Anne Leamer, Administrative Services Administrator NOV 0 5 2002 EXECUTIVE SUMMARY APPROVE STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE NEW FLEET FACILITY, RFP #02-3422. OBJECTIVE: To have the Board approve the short list of architectural firms to provide professional services for the design of the new Fleet facility. The occupants of the facility will be the County's Fleet Management and the Sheriff's Fleet Management Departments. CONSIDERATIONS: On August 29, 2002, the County published a Request for Proposal (RFP g02-3422) to provide architectural and design services for the design of the new Fleet Facility at County Barn Road. The County's Road and Bridge Department has moved from County Barn Road to a new site, previously occupied by the State Highway Maintenance Department. This move has freed up enough space at the County Barn Road site to allow the Sheriff's Fleet Maintenance Department to move from their present leased space to the County Barn site. The present facility, because of its age, needs to be rebuilt to accommodate the County's and the Sheriff's maintenance facilities. A feasibility study completed by Disney and Associates determined that the County Barn site would adequately support both facilities, including a number of opportunities to share specific facilities such as fuel pumps, vehicle washing facilities and training rooms. A selection committee comprised of representatives from Facilities Management, Facilities Maintenance, Purchasing, County Fleet Management and Sheriff's Fleet Management reviewed the five proposals that were received by the due date of October 11, 2002 and by consensus short listed the following firms: 1. Disney and Associates 2. Harper Partners 3. PBS&J Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Disney and Associates and if necessary, to negotiate with the second and third choices. FISCAL IMPACT: Funds ($600,000) are available and currently budgeted from the Motor Pool Capital Recovery Fund (Fund 522). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approve the short list and authorize staff to negotiate a contract with the top ranked architectural firm, Disney and Associates. /,~J/a~k Crognale, Construction Manager /~epartment of Facilities Management Executive Summary RFP #02-3422 (cont.) Page 2 REVIEWED BY~ Skip Camp, CF19I, Director Department of Facilities Management Daniel Croft, Di~eect~r/r '-.. -- Fleet Maintenance Steve~mell, l~rector Purchasing Department DATE: REVIEWED BY: g,/'t/°'~''' DATE: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division TABULATION FOR RFP # 02-3422 "Professional Architectural Services for New County Fleet Facility" DATE OF RFP ADVERTISEMENT: RFP DUE: 09~06/02 NO. OF NOTICES SENT: 48 08/16/02 TOTAL COPIES SENT: 22 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Proposer City State Oriclinal + 5 Copies Edckson He~scoe DeStefano + Partners Nap[es, FL X Y~es ' Disney & Associates, P.A. Naples, FL X Yes Harper Partners, Inc. Ft. Myers, FL X Yes PBS&J Tampa, FL X Yes Hanson Professional Services, Inc. West Palm Beach, FL X Yes / ~Ope-~ed by ~/itness l- AGE bioA .o. NO~ 0 5 2002 99Y-~ ZO0/~O0'~ ~OZ-£ i i~' EXECUTIVE SUMMARY RECOMMENDATION TO ENTER INTO CONTRACT WITH RAPIDIGM, INC. TO PROVIDE INFORMATION TECHNOLOGY SERVICES PURSUANT TO THE IMPLEMENTATION AND MAINTENANCE OF SAP FINANCIAL MANAGEMENT SYSTEM. OBJECTIVE: To facilitate implementation efforts prior and subsequent to the commencement of the new integrated financial management system and to obtain authority to issue work orders in excess of $25,000 for these services.. CONSIDERATIONS: Stafffrom the Board of County Commissioners, Clerk of Courts and Supervisor of Elections are preparing to bring a new multi-agency, integrated financial management system into production by use by all departments within the three agencies. As of this writing, the new system (licensed from SAP) is targeted to go live in January. Collier County is presently under contract with Cedar Enterprise Solutions to help bring the new system into production. In order to meet the targeted go live date, County and Cedar resources are primarily focused on testing all system configurations and processes; modifying configurations where necessary; building and testing system interfaces, converting existing data and delivering training to an estimated 400 end users. Cedar is under contract to provide 30 days of production support after the system goes live. Subsequent to that, support activities will be assigned primarily to County staff members within the participating agencies. In order to ensure that staff will have sufficient knowledge and resources to properly maintain the system, the project team is recommending that an independent system integrator be contracted with to provide various services on an as needed basis. These services may include, but are not strictly limited to independently reviewing system test data; providing knowledge transfer to County support staff and assisting staff with configurational and other changes after the system is in live production. Staff'intends to engage this firm immediately to conduct a preliminary review of the current project configuration and resources to better clarify the scope of and cost of each of the referenced activities. This initial effort is being funded within the project's existing appropriations. In the event that this effort results in the need for additional resources, staff will return to the Board seeking appropriate actions. The recommended firm, Rapidigm, Inc. has a broad-based, robust SAP practice with considerable "in house" resources. Given that some of the referenced services are needed prior to and immediately after system commencement, staff is requesting that the formal competitive process be waived and that the County entered into agreement with i- ~Ge~fi^ xTe,_- NOV 0 § 2002 l Rapidigm Inc. at this time. Staffhas negotiated a term agreement for services that will be procured via the issuance of work orders on an as needed basis. The initial term of the agreement would be for one year. The agreement would be available for use by various County agencies supporting and/or utilizing SAP. FISCAL IMPACT: Wherever possible, funds for all work performed will come from the appropriate operating or capital budget. However, should existing appropriations not be sufficient, staff.will seek additional funding from the Board in a subsequent agenda request. GROWTH MANAGEMENT II~,IPACT: There is no growth management impact directly associated with this actio~ RECOMMENDATION: That the Board of County Commissioners waive the formal competitive process and enter into contract with Rapidigm, Inc. to provide support services pursuant:to the implementation and operation of the new SAP financial management system and that the Chairman be authorized to sign the agreement subject to County Attorney review. SUBMITTED BY: REVIEWED BY: REVIEWED BY: ~~ C,,~. ~',[~/~'~'~ Date: Steve (~amell,tj Purchasing/General Services Director '/a~q~-~ ~ ~- Date: J~es L. Mitchell, Fin~ce D~ Date: Jo-Anne Leamer, Administrative Services Administrator '--- AGE A E ' APPROVAL OF BUDGET AMENDMENTS BCC Agenda of November 5, 2002 General (Fund 001) Human Resources Administration Budget Amendment 003-047 Capital Office Furniture $4,600 Reserves Reserve for Contingencies (4,600) Total: -0- Explanation: Funds are needed to pay for furniture budgeted and ordered in FY 02, but not delivered prior to September 30, 2002. Ochopee Fire Control District (Fund 146) Budget Amendment #03-050 Capital Other Machinery & Equipment $24,241 Reserves Reserve for Contingencies Total: Explanation: Funds are needed to rep;: bottles for breathing apparatus. (24,241) 1972 Air Compressor system, which is used for filling the SCBA air nit)' Development (Fund 113) au#et Amendment #03-057 Impact Fee Administration Operating Expenses $14,540 Reserves Reserve for Contingencies (14,540) Total: -0- Explanation: Funds are needed to pay for consulting services performed by Tindale-Oliver & Associates due to contract amendment approved by the Board on August 1, 2000; legal advertising for Consolidated Lmpact Fee Ordinance Amendments and public heatings for Impact Fee rate updates; intermediate and advanced Excel classes at New Horizons; Code of Law and Ordinances and LDC subscriptions; and miscellaneous office furniture. General (Fund 001) Veterans Services Budget Amendment 003-058 Capital Data Processing Equipment $5,000 Reserves Reserve for Contingencies (5,000) Total: -0- AGENDA ITEM No. ?¢~' I NOV 0 5 2002 Pg._, / Explanation: Funds are needed to replace two computers and two printers necessary for network compatibility. RESOLUTION NO. 2002- RESOLUTION OPPOSING A PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION WHICH WOULD ALLOW THE FLORIDA LEGISLATURE TO PROPOSE AMENDMENTS TO THE MIAMI-DADE COUNTY HOME RULE CHARTER WHEREAS, Article VIII, Section 6 of the Florida Constitution expressly recognizes that the provisions of the Miami-Dade County Home Rule Charter, as it was established in the 1885 Florida Constitution, are to remain in effect; and WHEREAS, the provisions of the Miami-Dade County Home Rule Charter currently provide two mechanisms for Charter amendments to be presented to the electorate: (1) placement on a local ballot by the County Commission or (2) placement on a local ballot by initiative petition of electors registered in Miami- Dade County; and WHEREAS, these existing provisions give the County Commission and local electors the ability to control the direction of local government issues, functions and powers; and WHEREAS, because the provisions of the Miami-Date County Home Rule Charter are incorporated in the Florida Constitution, they may not be changed without a statewide vote of the electorate that amends the Florida Constitution; and WHEREAS, House Joint Resolution 471, adopted by the 2001 Florida Legislature, and which is now proposed Constitutional Amendment 3 to the Florida Constitution for the General Election in November 2002, if adopted, would amend Section 6 of Article VIII of the Constitution of the State of Florida to authorize the legislature to propose amendments or revisions to the Miami-Dade County Home Rule Charter by the enactment of special laws; and WHEREAS, the Miami-Dade County Board of County Commissioners adopted County Resolution No. R-214-02 requesting the Florida Legislature to repeal the joint resolution, however, the requested repeal was not acted upon by the Florida Legislature; and WHEREAS, the Board of Directors of the Florida Association of Counties finds that the proposed constitutional amendment is contrary to the best interests of the citizens of Miami-Dade County in that it would allow the state legislature, comprised of persons predominantly representing areas outside of Miami-Dade County, to influence, shape and even control the County's functions and powers relating to local government affairs - a power enjoyed by the County since 1957j and that the amendment would constitute an erosion of Miami-Dade County's existing home rule powers, and WHEREAS, the Board of Directors of the Florida Association of Counties passed a resolution opposing the passage of Constitutional Amendment 3 to the Florida Constitution for the General Election in November 2002, and has urged each Florida county to pass similar resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLMER COUNTY, FLORIDA, THAT: The Collier County Board of County Commissioners, in full support of the Board of Directors of the Florida Association of Counties, hereby opposes proposed Constitutional Amendment 3, which would amend Section 6 of Article VIII of the Florida Constitution and permit the diluting of Miami- Dade County's existing home rule powers by authorizing the State Legislature to propose amendments or revisions to the Miami-Dade County Home Rule Charter through the enactment of special laws; and 2. The Board urges Collier County voters to vote against proposed Constitutional Amendment 3. This Resolution Approved and Duly Executed this day of ,2002. ATTEST: Dwight E. Brock, Clerk BY: Deputy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James N. Coletta, Chairman Approved as to form and legal sufficiency: Ramiro Mafialich, Chief Assistant County Attorney NOV ' 5 2002 3301 East Tamiami Trail · NmpM~ F:kwida 34112 - 4977 (2~) 774-a0,97 · Fax (2"~) rt4.-::wm2 Tom I.i~Nng Distl~ 3 FmdW. CoWe District 4 Jim Coietta District 5 October 21, 2002 RECEFv'ED ~c-,: ;*,,'r ..... AC~ON The Honorable Miami-Dade County Board of Commissioners 111 N.W. 1a St., Suites 220 and 320 Miami, FL 33128 SUBJECT: Amendment 3 to the State Constitution Dear Commissioners: While Collier County is not a charter county, you can rest assured that we are strong advocates of home rule. I have received a copy of the resolution fi.om the Florida Association of Counties (FAC) and I'm forwarding it to our County Manager as an action item for our November 5, 2002 meeting agenda. If it passes the commission, and I'm reasonably sure it will, the local media will pick up on it in time for the November 5"' vote. etfa, Chairtn~ sioner, District 5 Ollllty - JC: nkr C: James V. Mudd, County Manager, with back-up material NOV "5 I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 5, 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 from September 28, 2002 through October 4, 2002. 2. Disbursements from October 6, 2002 through October 11, 2002. 3. Disbursements from October 12, 2002 through October 18, 2002. B. Districts: I. Immokalee Water & Sewer District - 2002-2003 Schedule of Regular Meetings and Copy of Registered Office and Agent; Audited Financial Stmnt for year end 09/01, Management Letter and Response to Management Letter. 2. Naples Heritage Community Development District - Minutes of Meeting for May 13, 2002. Financial Report for May 13, 2002 and Budget FY 2003. 3. Port of the lst::nds Community District - Minutes of Meeting August 16, 2002 and Finan~:i::! t,~cport August 16, 2002. C. Minutes: 1. Collier Coumy i'~anning Commission - Minutes of September 19, 2002. 2. Workforce Housing Advisory Committee_- Minutes of September 30, 2002. 3. Historical & Archaeological Preservation Board_- Agenda for October 16, 2002. 4. Collier County Airport Authority_- Agenda for October 14, 2002, Minutes of August 27, 2002, Minutes of September 9, 2002. 5. Golden Gate Area Master Plan Restudy Committee_- Minutes of July 31, 2002, Minutes of August 14, 2002. 6. Golden Gate Beautification Advisory Committee - Agenda for October 8, 2002, Minutes of September 10, 2002. 7. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for October 16, 2002, Minutes of September 18, 2002, Minutes of August 21, 2002. NOV 05 ~CUTIVE SUMMARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. ~ To have the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report form. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations with the United States Department of Justice and United States Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that result in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. Fiscal year 2002 funds supported grant matches. The Departments of Justice and Treasury require that a Federal Annual Certification Report be submitted within 60 days after the end of each fiscal year. The fiscal year 2002 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for according to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies guidelines. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the Federal Annual Certification Report form. PREPARED BY: APPROVED BY: DATE: CRYSTAL K. KINZEL, FINANCE~IRECTOR jh/a:xsfe2 AGENDA ITEM No. /(. D-- ~ NOV 0 5 2002. Pg. / Federal Annual Certification Report U.S. Department of JusticelACA Program 10th and Constitution Avenues, NW Criminal DivisionlAFMLS Bond Building, Tenth Floor Washington, DC 20530 Fax: (202)616-1344 Chll(~,r' Clr~n'-y..~'-~----~ffL~ t')ffia= t~) Sheriffs OfficeYDopartmem 0 Task Fome' This A;nual Certification Report must be submitted within 60 days after the close of your fiscal year to both agencies: U.S. Depetlment of the Treasury Executive Office for Asset Forfeiture 740 15th Street, NW. Suite 700 Washington, D.C. 20220 E-mail address: trees.eceOteo,,f.treas.gov Fax: (202) 622-9610 Law Enforcement Agency: 0 Police D~psrlment Contact Person: Telephone Number: Agency Fiscal Year Ends on: 0 Prose~ulor's Office 00d~r E-mail Address: MailingAddreas: ]qC~1%.,.,i.~vd ~1 ~ R~la~ ,~1~ ~ ~H~;m: ~1~: ~& ~11~ (A~a) (City) (S~) (Zip ~e) Fax Numar: (~ 9~ .c~c~:~i...o.: ~on~ay~mr) Summary of Equitable Sharing Activity (Fiscal Year Ending I. Beginning Equitable Sharing Fund Balance 2. Federal Sharing Funds Received $ O.C~ 3. Transfers From Other Law Enforcement Agencies (attach list) $ 0.00 $ 0.00 4. Other Income $ 0.00 $ 0.00 5. Interest Income Accrued ('~ check ifnon-inte~st-benring account) $ '703.O~ $ 0.00 6. Total Equitable Sharing Funds (total oflines I - :5) $ Cc~,C1~6.69 $ O.CID 7. Federal Sharing Funds Spent (total of lines a - m) $ 8. Equitable Sharing Fund Balance (subtract line 7 from tine 6) $ 9. Appraised Value of Other Assets Received $ O_CI~ Summary of Shared Monies Spent Tolal spent on salaries for new, temporary, not to exceed l-year employees $ 0.00 $ 0.("JO b. Overtime $ 0.00 $ 0.00 c. Total spent on informant and "buy money" $ 0.00 $ 0.00 d. Total spent on travel and training $ O.CO $ 0.00 e. Total spent on communications and computes $ O.CO $ 0.00 f. Total spent on firearms and weapons $ O.C}O $ 0.00 g. Total spent on body armor and protective gear $ O.CO $ 0.(30 h. Total spent on electronic surveillance equipment i. Total spent on building and improvements $ j. Total spent on other law enforcement expenses (altach lis0 $ 0_t'T'l $ O_CI3 k. Total transfers to other law enforcement agencies (attach list of recipients) $ i. Total permissible use transfers (attach list of recipients) S m. Total spent on matching grants (attach list) Justice Funds Treasury Funds $ 46,835.01 $ 0.03 Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law enforcement agency under Ihe federal equitable sharing program during this reporting period. Jim O:~let-~ Date Name (Print or Type) Date _achy Head or Authorized Representative Governing Body Head or Authorized Representative ' I AGENDA ITEM Anach list of member .sencies with their add ' ' g ,-y. ~:- · __.t___, '.,___'_. .2 ......T- Pg- ~----~-~ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SER~CES 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. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened fi.om October 1, 2002 through October 25, 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 October 1, 2002 through October 25, 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 have all been previously appropriatcc~ GR O WTH MANA GEME :Y 7 [3[PA CT: related to this item. There is no Growth Management Impact RECOMMENDATION: 'lhat the Board of County Commissioners make a determination of whether thc. ?urchases 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. Prepared By: ~//7~., ~/ ,) jl /},.v/,. , / Date: Jafiaes L. Mit~'e~,-~'i'-g~,'~FE, CBA Reviewed and Approved By: Director of Finance and Accounting General Accounting Manager Date: AGENDA ITEM _ No. OV 0 5 200 ~g. / ,. EXECUTIVE SUMMARY APPROVE OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS lI8B, 818B1 AND 818B3 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHNA. PULLING, JR., Trustee of a Land Trust Agreement dated January 2, 1992, et aL, Livingston Road (Pine Ridge Road to lmmokalee Road) Project in the amount $13,671.65. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of a fee simple interest in Parcel I18B, and a perpetual, non-exclusive drainage easement for both Parcel 818B1 and 818B3, for the Livingston Road (Pine Ridge Road to Immokalee Road) Project, in the lawsuit entitled Collier County v. .iohn A. Pulling, .Ir., Trustee of a Land Trust Agreement dated .Ianuary 2, 1992, et al., Case No. 02-1908-CA. CONSIDERATIONS: An Order of Taking Hearing with respect to the above-identified parcels was scheduled for September 5, 2002. After the heating, the County deposited into the Registry of the Court the combined sum of $4,900 for these three parcels. Through negotiations, the parties have reached a settlement agreement whereby the property owner, the Pelican Marsh Community Development District, will consent to the taking and be fully and fairly compensated for the property interests taken for the public purposes enumerated in ~he resolution of condemnation (Resolution No. 2002-98). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). This settlement is part of a global settlement with the Pelican Marsh Community Development District for both the Livingston Road (Pine Ridge Road to Immokalee Road) and the Goodlette- Frank Road projects. The Stipulated Final Judgment provides for Thirteen Thousand Six Hundred Thirty and No/100 Dollars ($13,630.00) to be paid to the Respondent as full compensation for the property rights taken as to all three Parcels, Two Thousand Three Hundred and No/100 Dollars ($2,300.00) to be paid to Respondent as reimbursement for Engineering Fees, and Two Thousand Six Hundred Forty-One and 65/100 Dollars ($2,641.65) to be paid to Anthony P. Pires, Esq. as attomey fees. The Stipulated Final Judgment in the Goodlette-Frank Road project case provides no monetary compensation for the taking in that case, but the County shall pay additional attorney's fees of $858.35. Please note that this $858.35 sum has already been paid, and is not part of the compensation requested here. However, as this $858.35 was part of the Global Settlement, we are, by this Executive Summary, requesting Board approval of this $858.35 portion of the Settlement. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Thirteen Thousand Six Hundred Seventy One and 65/100 Dollars ($13,671.65) with the Registry of the Court. This judgment also settles all claims of the Pelic~ n tv~[~J~l~L~udty Development District in the Goodlette-Frank road project. NO. NOV 0 § 2002 Pg. I 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 $13,671.65 will come from the Transportation x,X~.~d' ~ ~ ~:und and Impact Fee Funds. Source of funding is Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the attached Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; 3. direct staff to deposit the sum of $13,671.65 into the Registry of the Court; and. approve the payment of the sum of $858.35 for attorney's fees in the case of Collier County v. Pelican Marsh Community Development District. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney DaTe Bathon, P~hcipal Projec't'~anager Transportation Utilities and Enginee lng Department Norm F er Transp rtation Administrator County Attorney APPROVED BY: Date: /0 Date: Date: I~-1t.~- AGENDA IT,':'-M . No._ NOV 0 5 2002 pg. '~ IN THE CIRCUIT COURT OFTHE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, JOHN A. PULLING, IR., Trustee of a Land Trust Agreement dated January 2. 1992. et al, Respondents. Case No.: 02-1908-CA Parcel Nos.: II8B, 818B1, 818B3 STIPULATED FINAL JUDGMENT THIS CAUSE ha~,ing come before the Court upon Joint X'loxior~ made by Pe*T~co~er. and through its undersigned counsel, and Respondent, PEL1CAN MARSH COMYI'CNiTY DEVELOPMENT DISTRICT, by and through its undersigned counsel, for emrx ,,?,!'at Stipulated Final Judgment as to P;~rcel Nos. I 1BB. 81SB l and 8[SB3. and it appearing to the Court that the parties are authorized to make such Motion. the Court finding th;t! the compensation to be paid by Petitioner is the full compensation due the Respondent. PELICAN MARSH COMMI.:NITY DEVELOPMENT DISTRICT, and the Court being otherwise fully advised in the Ipremises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent. PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT. have and recover fi'om Petitioner, COLLIER COUNTY. FLORIDA, the sum of THIRTEEN THOUSAND SIX HUNDRED THIRTY DOLLARS AGENDA ITEM , NO. NOV 0 5 2002 pg. ($13,630.00) for Parcel Nos. 118B, 818B1 and 818B3 as full payment for the property interests taken and for damages resulting to the remainder, if less than thc entire proper~y was taken. business damages, and for all other damages and claims in connection with said parcel; it is fu~her ORDERED that subject to receipt of invoices, engineering fees in the sum of TWO THOUSAND THREE HUNDRED DOLLARS ($2,300.00) shall be awarded in connection with the above cause of action as it\relates to Parcel Nos. 118B. 818B1 and 818B3: it is further ORDERED that Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, recei~ from Petitioner as a reasonable attorney fee the suni of TWO THOUSAND SIX HUNDRED FORTY ONE AND 65/100 DOLLARS ($2.641.65). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. I18B. 818B1 and 818B3: it is further ORDERED that Petitioner shall deposit an additional THIRTEEN THOUSAND SIX HUNDRED SEVENTY ONE AND 65/100 DOLLARS (S13,671.65) subject to approval or' thc Board of County Commissioners x¥ithin 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 THIRTEEN THOUSAND SIX HUNDRED THIRTY DOLLARS ($13.630.00) refcn'ed to above; it is further ORDERED that the Clerk of this Court shall disburse the total amount of FIFTEEN THOUSAND NINE HUNDRED AND THIRTY DOLLARS ($15,930.00) to Respondent. PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, c/o Trust Account of Anthony P. Pires, Jr., Esquire, WOODWARD, PIRES, LOMBARDO. P.A. 3200 N. Tamiami AGENDA ITEI~ ' NOV 0 5 2002 P~. ~ Trail, Suite 200 Naples, Florida 34103, less any amounts previously paid for the benefit of Respondent, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT: it is further ORDERED that the Clerk of this Court shall disburse the total amount of TWO THOUSAND SIX HUNDRED FORTY ONE AND 65/100 DOLLARS ($2,641.65) to Anthony P. Pires, Jr.. Esquire. WOODWARD, PIRES? LOMBARDO, P.A. 3200 N. Tamiami Trail. Suite 200 Naples, Florida 34103, for attorney's fees pursuant to Section 73.092. Florida Statutes; it is further ORDERED that this Stipul:~tcd Final Judgment resolves an3, and all claims and issues between Petitioner and Respondent PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT pertaining to thc Livin~Tston Road Project (Project No. 62071) and the Goodlettc- Frank Road Project (Project No. 60134). except for additional attorney's fees due Anthony P. · _~_00 N Tamiami Trail, Suite Pitts, Jr.. Esquire, \VOODWARD. PIRES LOMBARDO, P.A. "'~ . 200 Naples. Florida 34103. aris~ ~:: or' the aforesaid Goodlette-Frank Road Project in the sum of eio. qht hundred fifty eight an~: ~...~ dollars ($8.8..~3): and it is/'urthcr ORDERED that title tt; [,.:':c Nos. I I8B, 818B1 and818B3, bein~fullvdescribedin Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 5. 2002. and the deposit of money heretofore made. are 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 3036. Page 2560 of the Public Records of Collier Count,','. Florida be dismissed as to Parcel Nos. IISB. 818Bl and 818B3: and it is further ORDERED that this Stipulated Final Judgment is to be recorded in thc Official Records of Collier County. Florida: it is therefore AGENDA ITFM NOV 0 5 2002 Ps. -.~ day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney Anthony P. Pires. Jr., Esquire Philip J. Kantor, Esquire Colony Cablevision of Florida, a division of Providence Journal Company Jean G. Howard. Esquire E. Glenn Tucker. Esquire Ted Brousseau 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. Dar :ed~ ANTH0~Y'~. PIR~S, ~'/R., ESQUIRE Florida Bar No. 0203671 WOODWARD. PIRES, LOMBARDO, P.A 3200 N. Tamiami Trail. Suite 200 Naples. Florida 34103 (941) 649-6555 - Phone (941) 649-7342- Facsimile Attorney for Respondent Dated: Septe.mber 5. 2002/f H'EIDi F. ASHTON. ESQL'IRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail.'8th Floor Naples. Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA ITria .., NO. l{J ["[ NOV 0 5 2002 pg. 6 AGENDA. ITEM · NO._ I'~"F ~ NOV 0 5 2002 AGENDA ITEM NO.__ 1 [~_..~- NOV 0 5 AGENDA. I:rFM , ,o.. I~, ~\ NOV 0 5 2002 pg. fl AGENDA.ITEM . NO._ {~, p_: NOV 0 5 2002 pg. !0 UM[TED PARTNERSHIP AGEN NOV O 5 2002 Pg. AGEND'~ ~T~I~c NO. _l NOV 0 5 2002 Pa. I'~ EXECUTIVE SUMMARY APPROVE OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 705 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. DANIEL F. JOHNSTON, ET AL., (Goodlette Frank Road Project) IN THE AMOUNT OF $874.18. mmm 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 easement designated as Parcel 705 for thc Goodlette Frank Road project in the lawsuit entitled Collier County v. Daniel F. Johnston, et al., Case No. 02-1446- CA CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of casements for the Goodlettc Frank Road project (Project No. 60134). On September 19, 2002, Collier County deposited with the Registry of thc Court thc sum of Nine Hundred Fifty and No/100 Dollars ($950.00) for Parcel 705 in accordance with thc Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby thc property owners, Daniel F. and Charlotte A. Johnston, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in thc resolution of condcnmation (Resolution No. 2002-97, duly adopted by thc Board of County Commissioners on February 12, 2002, as amended by Resolution No. 2002-145.). The terms of thc settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1'). The Stipulated Final Judgment provides for One Thousand Five Hundred Seventy and Six/100 Dollars ($1,570.06) to be paid to the Respondents as full compensation for the property rights taken as to Parcel 705, and Two Hundred Fifty-Four and Twelve/100 Dollars ($254.12) to be paid to Dale A. Bruschi, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Eight Hundred Seventy Four and Eighteen/100 Dollars ($874.18) with the Registry of the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. Fund: 331 Cost Center: 163650 Project Number: 60134 - Goodlette Frank Road AGENDA IT~.M .o. \U NOV 0 5 2002 Pg. 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 $874.18 into the Registry of the Court. SUBMITrED BY: Heidi F.'-'~s'htor[ - Assistant County Attorney Date: REVIEWED BY: REVIEWED B Y: REVIEWED BY: APPROVED BY: A1 Ruth, Project Manager Transportation Utilities and Engineering Department Tran/portation Administrator County Attorney Date: 0 ~'-- O- 7- ~A~ ,7¥ Date: /(.9 - fF - c92.- Date: /c9-~//- O ~ Date:/~' -2-/.--~'2-~ AGENDA ITEM .o.. 'lO NOV O 5 2002 pg. ::2 IN THE CIRCUIT COURT OF THE TWEN'r~TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLn~ COUNTY, FLORIDA, a political subdivision of the Stale of Florida, VS. Petitioner, DANIEL F. JOHNSTON, et al., Respondents. Case No.: 02-1446-CA Parcel No.: 705 STD: ULATED FINAL JUDGMENT THIS CAUSE having come be£me the Court upon Joint Motion made by Petitioner~, by and through its undersigned counsel, and Respondents, DANIEL F. JOHNSTON and CHARLOTTE A. JOHNSTON, by and through their u~,~ ,::signed counsel, for entry of a Stipulated Final Judgment as to Parcel No. 705, and it appeahn'.: Court that the parties are authorized to make such Motion, the Court finding that the compcnsu:ion to be paid by Petitioner is the full compensation due Respondents, DANIEL F. JOHNSTON and CHARLOTTE A. JOHNSTON, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, DANIEL F. JOHNSTON and CHARLOTTE A. JOHNSTON, have and recover fi.om Petitioner, COLLIER COUNTY, FLORIDA, the sum of ONE THOUSAND .FIVE HUNDRED SEVENTY AND 06/100 DOLLARS ($1570.06) for Parcel No. 705 as full payment for the property [ntdrests taken, and for damages resulting to the remainder, if less than the entire property was taken, business damages, AGENn ~nd ~or ~ o~r aa~s ~ ~o~on ~ s~d p~; it i~ ~r~ ~0. ~.~.~ NOV 0 5 2002 pg. ORDERED :'that Respondents, DANIEL F. JOHNSTON and CHARLOTTE A. JOHNSTON, receive fxom Petitioner as a reasonable attorney's fee the sum of TWO HUNDRED FIFTY FOUR AND 12/100 DOLLARS ($254.12) pursuant to Section 73.091, F.S. Except as provided herein, 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. 705; it is further ORDERED that Petitioner shall deposit an additional EIGItT ltUNI}RED SEVENTY- FOUR AND 18/100 DOLLARS ($874.18) 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 mount of ONE THOUSAND FIVE HUNDRED SEVENTY AND 06/100 DOLLARS ($1570.06) to RUDEN, McCLOSKEY TRUST ACCOUNT, c/o Dale A. Bruschi, Esquire, RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A., 200 East Broward Boulevard, 15th Floor, Post Office Box 1900, Fort Lauderdale, Florida 33301, less any mounts previously paid for the benefit of Respondents, DANIEL F. JOHNSTON and CHARLOTTE A. JOHNSTON; it is further ORDERED that the Clerk of this Court shall disburse the total amount of TWO HUNDRED FIFTY FOUR AND 12/100 DOLLARS ($254.12) to Dale A. Bruschi, Esquire, RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A., 200 East Broward Boulevard, 15th Floor, Post Office Box 1900, Fort Lauderdale, Florida 33301, for attorney's fees pursuant to Section 73.092, F.S.; it is further ORDERED that title to Parcel No. 705, temporary driveway restoration easement, being fully described in Exhibit "A' attached hereto and incoq~orated herein, which vested in Petitioner pursuant to the Order of Taking dated September, 5, 2002, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ~_ AGE~DA II'ZM --. NOV 0 5 2002 Pg. q ORDERED that the Notice of Lis Pendens. ~ed in the above-styled cause and recorded in Official Record Book 3019, Page 253 of the Public Records of Collier County, Florida be dismissed as to Parcel No.705; and it is further ORDERED that this Stipulated Final Judgm~ ent is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambem at Naples, Collier County, Florida, this day of September, 2002. Conformed copies to: Heidi F. Ashton, Esquire Dale A. Bruschi Esquire Larry E. Metz, Esquire E. Glenn Tucker, Esquire Chevy Chase Bank FSB 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 No. 705. Dated:~ -~ ~ o DALi*. A. BRUSCHI, ESQIR Florida Bar No.: 716250 RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A. 200 East Broward Boulevard, 15th Floor P. O. Box 1900 Fort Lauderda!e, Florida 33301 (954) 761-2916 - Telephone ATTORNEY FOR RESPONDENTS I~IDfF..][SI~(JN, ESQUIR~ Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER g AGENDA NO._ ~ NOV 0 5 2O02 pg. ~" PRO, JEOT PANG~L. klO.: 7off TAX PARGfL N~ z~D~ LOT t,3 LOT ! LOT 7 ' iL& 1Ma. ~,& 14M LOT ! ~ ~ LOT o LOT 4 LOT 3 ,IL & & mim4 & lille LOT J S[O'11ON 10 Nf. GllON 15. GRAPHIC $C.al.~ ' (.,rUt) 1 inob, o,, t00 fl. oJt. INmGA~ 01~ It~G01~ 11 IJ 0-4 PARl141RB4P GA, 1471, PO. 1442 mDOt cOmmNs P.U.D.) {CaO~gly OB0fNA#~. NO, //' DESCRIPTION: 11~ EASTERLY &OD FTfT OF 'IRE SOUTitERLY 06,{) FEE'T OF LOT IS OF °PINE RIDGE', A ~UBDIViSiON AS RECORDED IN PLAT BOOK 3. PAOE ~4 OF 'THE PUBLIO REOOIID8 OF OOLUER COUNTY,. FLORIDA. , // // 0-4 PARTNERSHIP O,ll. 1r/t, PO, 1441 (Pa, i[ Ril)~E coUI, IOI~ P,U.D.) (eemoy ~lmHA~et NO. 00-04) I! PINE RIDGE ROAD TEU. PORARY CON6TRUOTION HO TE& !. 1HIs m NO? A. NUItVL,'y. ON THJ EAIT IUONT (3ir TfL~.y UN~ (~r L WBdKOT TO r.k, aBdl:NlL llrlf.,~ATlON~ l i,' EA6EMENT (DURATION: 3 YEAR8 jj FROM OOUMF. NOF. MENT OF OONSTR. UOTION) J AGENDA ITF.,I¥1 I~' . . b'KLI.CH AND DESCRIPTION J NO._ )~_pJ/,- ~~--'~ I.~¢fl Si~C~ON 10, TOWNSHIP 4e sou'rit, HANOI[ .2a EAaT ~.~-.,.?~- . .,cou. Jr~ cou. n,, Fu~.^, " NOV 0 5 2002 ~! ,.~,, ._~s~,,., . I JOHNSON ENGINEERING INC. I pg. U t::J Wmel'ml~Lkm~dl"rv"~'JmlU"pl~r'/,. ~. - ~, ,;*,~ ,,_',,., .... · ' , . - I ..... I .... '~ i .... I ' '"'~ I ,w~ I EXECUTIVE SUMMARY VA-2002-AR-2432, STAN WITTEMORE, REPRESENTING W. BELDEN & GEORGELLE BURNS, REQUESTING A 5-FOOT REAR YARD VARIANCE FROM THE REQUIRED 30 FEET TO 25 FEET FOR PROPERTY LOCATED AT 275 KINGS WAY, FURTHER DESCRIBED AS LOT 13, BLOCK G, FOXFIRE UNIT 3, IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the Bo~d of Zoning Appeals approve a variance request in a Foxfire single-family neighborhood. CONSIDERATIONS: The petitioner requests a 5-foot variance from the required 30-foot rear yard setback to 25 feet to convert an existing screened porch into air-conditioned living area and extend it an additional 5 feet. A single-family home and screened lanai exist on the single-family lot. The petitioner wishes to enclose the lanai, converting it to air-conditioned living space, and extend it an additional 5 feet. The encroachment is adjacent to a water management lake, not directly abutting another home. No objections have been received, and a letter of no objection from the Architectural Review Committee of the Foxfire Community Association has been received. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. NOV 0 5 2002 ENVIRONMENTAL ISSUES: The site is a platted lot with a single-family home. associated with this petition. There are no unusual environmental issues 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 survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because thc EAC does not normally hear variance petition~. CCPC RECOMMENDA'¥ I O N: The Collier County Pla~::::::.~ Commission heard this petition unanimously recommende, :"~ oval of petition VA-2002-AR-2432. on October 3, 2002, and PLANNING SERVICES S~[AFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the encroachment is ameliorated by being adjacent to a stormwater management lake and likely will not be injurious to the neighborhood or other, vise detrimental to the public welfare. In addition, a letter of no objection from the Architectural Review Committee has been received. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2432 to the BZA with a recommendation of approval, subject to the conditions in the resolution. 2 AGEI~A ITEM NOV 0 5 2002 PREPARED BY: DATE REVIEWED BY: g0SAN MURRAY, AICP - ~NT PLANNING MANAGER MARGA~T WUERSTLE, AICP PLANNIBI~ SERVICES DIRECTOR DATE /o"2I'v 3-'-' DATE APPROVED BY: MMUNITY DEVELOPMENT five summary/V^-2002-AR-2432 DATE -- & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 AGEI~A ITEM NOV 0 § 2002 AGENDA ITEM 8-A MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SEPTEMBER. 9, 2002 PETITION VA-2002-AR-2432 AGENT/APPLICANT: OWNER: AGENT: W. Belden & Georgelle Bums 275 Kings Way Naples, FL 34104 Stan Whittemore 452 Fox Den Circle Naples, FL 34104 REQUESTED ACTION: The petitioner requesta a 5-foot variance from the required 30-foot rear yard setback to 25 feet to convert an existing screened porch into air-conditioned living area and extend it an additional 5 feet. GEOGRAI~HIC LOCATION: The subject property is located at 275 Kings Way in the Foxfire PUD. tA~ENOA iNOV052002 PURPOSE/DESCRIPTION OF PROJECT: A single-family home and screened lanai exist on the single-family lot. The petitioner wishes to enclose the lanai, converting it to air-conditioned living space, and extend it an additional 5 feet. A lanai is an accessory structure; therefore a 10-foot rear yard is required. A principal structure requires a 30-foot setback in this portion of the Foxfire PUD. Therefore, converting the lanai fi'om an accessory structure to part of the principal structure (and addinE 5 feet) requires a reduction of the setback. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Single-family house; zoned PUD Single-family house; zoned PUD Stormwater-management lake Single-family house; zoned PUD Kings Way ROW, across which are multi-family villas; zoned PUD 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, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRAN~PORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination.: Responses to the items in Section 2.7.5.6 are as follows: '-: A~NOA 2 NOV 0 5 2002 Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. A single-family house and lanai exist on the par~l. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The applicant wishes to construct an addition to an existing house. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, since a single-family house exists on the lot. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land. building or structure and which promote standards of health, safety and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum requircfi ~.~ cohstruct an addition, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this va.fiance will allow the petitioner to have a smaller rear yard than that which would be permitted for a similar lot in the Foxfire PUD. t, Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, it is the opinion of the Architectural Review Committee of the Foxfire Community Association that the proposed vahance will not be detriment d to the . neighborhood. It is staff's opfnion that the variance will not be injurio ~s ~ ~ ~[ ~_ NOV 0 5 2ooZ 3 neighborhood because the encroachment is primarily oriented towards the lake. In addition, three similar variances have been approved by the Board of Zoning Appeals in Unit 3 of Foxfire, around the same lake. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, goff courses, etc.? Yes. The encroachment is adjacent to a water management lake, not directly abutting another home. No objections have been received, and a letter of no objection from the Architectural Review Committee of the Foxfire Community Association has been received. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLAI~IING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the encroachment is ameliorated by being adjacent to a stormwater management lake and likely will not be injurious to the neighborhood or otherwise detrimental to the public welfare.. In addition, a letter of no objection from the Architectural Review Committee has been received. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2432 to the BZA with a recommendation of approval, subject to the conditions in the resolution. Staff has advised the petitioner's agent that if additional homeowners in this area of the Foxfire PUD request a reduction from a 30-foot rear yard to a 25-foot rear yard, it should be done in the form of a PUD Amendment. 4 AGE-NDe, iTEM ^ NOV 0 5 2002 PREPARED BY: PRINCIPAL PLANNER DA~ REVIEWED BY: SEfSAN MUR.RAY, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: VA-2002-AR-2432 Collier County Planning Commission: NOV 0 5 2002 VARIANCE PETITION_ (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2002-AR-2432 Date Petition Received: _ PROJECT #2002040052 DATE: 4/29/02 FRED REISCHL Planner Assigned: ABOVE TO BE COlVH'LETE BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: · Application for Variance Petition - 8/98 NOV 0 5 2002 ,10 COLLIER coUNTY cOMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: ~JA/~-/--~'~/~//Z.~'d~/q/rgZd~2a'~5' ~' Mailing Address /~ ~? /~gJf.~Y~ ~f~: City ~ State,~. Zip ~7~,,/~,~ Name of Homeowner Association: Mailing Address City State . Zip Name of Homeowner Association: Mailing Address City State Zip Name of Civic Association: / ~- / F ' ~'~ MailingAddress ?~,~ d(/,~F'.,.~ ,I,"v",,c~Y' City~l~-~-ff'~-~'---'-~'5'---State~d~--ZiP~/tg"4/ pROPERTY DESCRIPTIONi Legal Description of Subject Property: Subdivision: ~ X'/='2//~' s tion (3) f Unit ~ . Lot (s) / 3' ,.. Block (s) ~ Metes & Bounda Description: Application for Variance Petition - 8/98 Page 2 NOV 0 5 2002 ,f8 Address of Subjec~ Property. (If different from petitioner's address) Current Zoning and Land use of Subject Parcel:_ Adjacent Zoning & Land Use: s Minimum Yard Requirements for Subject Property: / Comer Lot: Front:_ ,~,,~" Yes · ~ Waterfront Lot: Side: 0"-/- ~ - Yes ~ Application for Variance Petition - 8/98 Pqe: NOV 0 5 2002 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposal; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance petition - 8/98 Page 4 o NOV 0 5 ..J; 8 p&._ L~ Please note that staff and the Collier Counly y!,rm~n_e Co~ni~ion shall be guided in their recommendation to the Board of zoninl~ .appeals, and that the Board of zoning appeals sha~l be guided in its detcnni~tion to approve or deny st variance petition by the below listed criteria (1-$). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circ, msmnces existing which are peculiar to the location, size and characteristics of the land, structure, or builain~ involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request Will a literal interpretation of the provisions of this zoning code work v~necessary and undue hardship on the applicant or create practical difficulties on the applicant- - - Will thc variance, if granted, be ~he minimum variance that wffi make porn'hie the reasonable use of the land, buildinE or structure and which promote standards of health, safety or welfare. ?._~ - .,_ - ~ ~- ..-.~-'.-,, ~. .~.~~2° . Application for Variance Petition - 8/98 o?sOV 0 5 200:2 5. Will granting thc variance requested confer on the petitioner any special privilege that i~ denied by these zoning reEulafions to other hnd~, buildings, or s~ruct~res in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to thc neighborhood, or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals .and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will grami~the variauce be c°nsis~e~ wi~h lhe ~th mam~ement plan' "'" NOV 0 5 200 Application for Variance Petition - 8/98 Fmge 6 ¢ '8 VA-2002-AR-2432 PROJECT #2002040052 DATE: 4/29/02 FRED KEISCHL _VARIANCE PETITION PLI ArION SUB AL HECKIA T THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF COPIES REQUIRED 15 1 15 1 15 1 REQUIREMENTS 1. Completed Application 2. Completed Owner/Agent Affidavit, Notarized 3. Pre_applicati~es/minutes 4. Survey of prope~, showing the encroachment ;ured in feet) 5. Site Plan depic~-~the following: All property boundaries & dimensions a) b) All existing and proposed structures 0abeled as c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for reference 7. Pre-Application fee, Applicaton fee and Data C fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - As lh~ authotimd agent/applicant for this l~-fition, I attest that all of the information indicated on this checklist is = isw. lnd~ in this submilsal par. kase. I understand that ~ to include all necesssry submittal information may ~dt in the de¼y ofpm:~asin~ offltis Petiti°n' Application for Variance Petition - 8/98 Date AC, ENO~ ITE~ NOV 0 § ~002 VA-2002-AR-2432 PROJECT//2002040052 DATE: 4/29/02 FRED REISCHL AFFIDAVIT Well, ~t),~KZ~-t~ t~eff, g~'z~ .~/)o~t4~ being first duly sworn, depose and say that we/I am/are the owners 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, including the disclosure of interest information, all sketches, 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. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize ~.~TYtg-/X[ lc))-]-/1"7'~-~/0/~l~ to act as our/my representative in any matters regarding this Petition. Signature of Property cy~vner / Signature~of Property Owner Typed or Printed Name of Owner -Typed or Printed Name of Owner 2~e foregoing itavtnanent was acknowledged before me this/Z 7~ day of ~/)f/ / State of Florida County of Collier Application for Variance Petition - 8/98 Public - State of Page 8 'NOV 0 5 2002 NOV 0 5 20[ FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 1030 KINGS WAY NAPLES, FLORIDA34104 (941)643-3139 FAX(941)643-6282 April 16, 2002 Collier County CommttEity Development Planning Services Ctm~ent Plazming 2800 N Horseshoe Drive Naples, FL 34104 VA-2002-AR-2432 PROJECT #2002040052 DATE: 4/29/02 FRED REISCHL Re: Variance Request for Bums - 275 Kings Way, Naples, FL 34104 To Whom It May Concern: This is to inform you that Foxfire Community Association has no objection to the county issuing a variance for the property located at 275 Kings Way in the Foxfire community. If you have any questions, please do not hesitate to contact us. Sincerely, , ,~ Ed Beiting, Cha~_ an Architectural Renew Committee AG~ND~ ITEM NOV 0 5 2002 FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 1030 KINGSWAY NAPLES, FLORIDA 34104 (941) 643-3139 FAX(941) 643-6282 ApH1 15, 2002 Belden & Georgelle Burns 275 Kings Way Naples, FL 34104 Dear Mr. & Mrs. Bums: Thank you for your request to enclose your lanai as specified on plans submitted with your ARC application. After reviewing your application, plus an on-site in~ection of your property, the Architectural Review Committee has approved your request as submitted on your ARC application. Thank you for your support to keep Foxfire a beautiful place to live. IfI can be of further assistance, please feel free to contact me. Sincerely, Ed Beitiag, ~ Architectural Review Committee AC~NDA ITE~ NOV 0 5 2002 ARC. FORM 1/99 FOXFIRE COMMUNITY ASSOCIATION (FCA) ARCHITECTURAL REVIEW COMMITTEE '(ARC) APPLICATION NOTE: IF YOUR LIVING UNIT IS A CONDOMINIUM OR VILLA, THIS REQUEST MUST FIRST BE APPROVED BY v"-~1 LOCAL ASSOCIATION. NO REQUEST WILL BE CONSIDERED BY THE ARCHITECTURAL REVIEW t. ,MITTEE UNTIL IT HAS FIRST BEEN APPROVED BY YOUR PARTICULAR CONDOMINIUM OR HOMEOWNERS ASSOCIATION IF APPLICABLE. BY SIGNING THiS DOCUMENT, OWNER IS AWARE THAT HE iS RESPONSIBLE FOR ANY ALTERATIONS THAT ARE IN VIOLATION OF BUILDING OR ELECTRICAL CODES EVEN AFTER SALE OF PROPERTY. NAME ~Cb~-/V ~. ~o~r~.~z-F_ ~tre.~r$ DATE ADDRESS: ~__ ____- Zip PHONE.' (~/~! I~0 - ~ ~ SHOWDETAILED DESCRIPTION OF PROJECT(SI [~]NAME OF PERSON/CONTRACTOR DOING THE WORK APR 08 c2 r~ CHECK APPROPRIATE BOX FOR PERMITS: [] BUILDING ~ ELECTRICAL [] NON REQUIRED IF PERMIT(S) ARE REQUIRED, COPIES MUST BE FORWARDED TO ARC OR POSTED ON JOB SITE pRIOR TO COMMENCEMENT OF WORK. THIS APPROVAL BY THE ASSOCIATION PRESIDENT CERTIFIES THAT THE CONTENTS OF THIS APPLICATION CONFORM WITH THE MASTER DECLARATION (REVISED 12/92) SECTION 3 AND 4 AND IF A LANAI ENCLOSURE OR THE INSTALLATION OF SECURITY/STORM/HURRICANE SHUTTERS ARE INVOLVED, ALL PROVISIONS OF FCA GUIDELINES DATED 1-16-96 HAVE BEEN MET. ASSOCIATION PRESIDENT NAME OF ASSOCIATION DATE , DATE A.R.C. INSPECTION OF LOCATION AND BY ,.;~IEW OF PROPOSED )RK REQUESTED BY APPROVE YES [] "O [] APPROVE YES ,O [] AGENDA ITEM APPR¢ '~ r'l 5joo2 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR-2432 FOR A FIVE-FOOT REAR YARD SETBACK VARIANCE FROM THE REQUIRED 30 FEET TO 25 FEET IN THE FOXFIRE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes re~'Ulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected as held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required 30-foot rear yard setback to 25 feet as shown on the attached plot plan, Exhibit "A", in a "PUD" Planned Unit Development Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2432 filed by Start Whittmore, representing Belden and Georgelle Burns, with respect to the property hereinafter described as: Lot 13, Foxfire Unit 3, Block G, as recorded in Plat Book 13, Page(s) 101-103, in the Official Record Books of Collier County, Florida be and the same is hereby approved for a 5-toot variance from the required 30 foot rear yard setback to 25 feet as shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the ease of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. AC-,ENO& ITEI~ NOV 0 5 2002 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2432 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Maxjc~ri~l-M. Stud~ni Assistant County Attorney VA-2002-AR-2432~FR3o AC~E:~I[:)A IT~m~ NOV 0 5 200," SKETCH ~F.BOUNDABY SUB'VEY.. .' L~T 14 · . % · LOT 33 . RE$IJ1EHC£ . ENTRY. · '~ ,,. RIGHT ~r VA) IIJ~77 ~) ~O~c ~zsc~n:moN: LOT 13, :BLQCK..6, FOX,"IRE, ~IT 3, ACCDRfl~N6 TO T~ ~AT THE~ AS REC~D IN PLAT gg~ 13, PA~2' lOl THROUGH 103, INCLUSIVE, DF T~ R~L.IC. RECDR~S ~F COLLIER FLORIDA ~ I Exhibit "A" C*~NC · , VA~K STREET ADDRESS' E75 KINGS VAY NAPLES, FLORIDA' .1 LOT J~ tie & ;E ~ FIR 5/8' · G~APH~C FIR $/8' O 5 2002 EXECUTIVE SUMMARY VA-2002-AR-2445 DOUGLAS IL EATON, PSM, REPRESENTING BEN ARLEDGE, REQUESTING A VARIANCE IN THE ESTATES "E" ZONING DISTRICT FROM THE REQUIRED 75 FOOT FRONT SETBACK ALONG NE 33~° AVENUE (SOUTH BOUNDARY), TO ALLOW A 30 FOOT WIDE FRONT SETBACK FOR PROPERTY LOCATED AT 4175 33R° AVE N.E., FURTHER DESCRIBED AS LOT 70, GOLDEN GATE ESTATES, UNIT 67A, PLAT BOOK 9, PAGE 47 AS RECORDED IN COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The applicants are requesting a variance in the "E" Estates zoning district from the required 75 foot front setback along NE 33rd Avenue (south boundary), to allow a 30 foot front setback for property located at 4175 33rd Ave N.E. The amount of variance requested therefore is 45 feet. This lot is unusual in that a typical Estates lot comprises the minimum 2.25 acres and measures about 150 feet wide (the street frontage) by 660 feet deep. The subject lot comprises only 1.5 acres, and is approximately 330 feet wide by 200 feet deep. Additionally, this lot has two street frontages, requiring two full 75-foot front yard setbacks. The applicant states that if he is required to comply with the 75-foot front yard requirement the building envelope for his single family home can only be a maximum of 20 feet wide. The applicant claims that it is not reasonable to construct such a narrow home. The petitioner wishes to construct a single-family home on the subject property and has sought a building permit to do so. Building Permit 2001112559 was issued, but has been placed on hold when it was determined that the proposed structure would encroach into the setback from 33rd Avenue. The applicant is seeking this variance to allow the structure to be located closer to 334 Avenue. The structure would meet all other required yard setbacks. The subject lot is one of a strip of lots positioned between Oil Well Road (the north boundary) and 33rd Avenue NE (the south boundary) within Golden Gate Estates that have been re-platted in a configuration that is quite different from the majority of lots within Golden Gate Estates (See Attachment A). Instead of the more customary long and narrow configuration that comprises most of the Golden Gate Estates lots, this lot and the other similarly configured lots are, deep. The subject property has 330 feet of street frontage along both Oil Well Ro~ G:\Current\Deselem~Variances\Manatee-VA-2002-AR-2015~F-XECUTIVE SUMMARY.doc Pag l oNOV 0 5 200 NE and is approximately 200 feet deep. The lot is a legally non-conforming lot as defined, and does not meet the minimum 2.25-acre lot size, which creates an additional hardship. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: x, There are no environmental issues associated with this petition. .i C AJ"A O[O 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 survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the October 3, 2002 CCPC meeting. Mr. Midney motioned to forward petition VA-2002-AR-2445 with a recommendation of APPROVAL WITH CONDITIONS, Mr. Adelstein seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has determined that there are special circumstances relating to the characteristics of the land and structures involved because the subject lot is a platted lot that must provide two 75-foot wide frontage setbacks, thus leaving only a 20-foot wide area in which to construct a house. No letters either in support or opposition to this petition have been received. Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a practical difficulty. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2445 to the BZA with a recommendation of approval with following conditions. AGENDA ITEM G:\Current\Deselem\Vafiances\Manatee-VA-2002-AR-2015~--XECUTIVE SUMMARY.doc Pa NOV 0 5 2OO2 e2of4 1. The variance granted is limited to the proposed front yard encroachment along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan stamped "Received May 2, 2002." This site plan is included as Exhibit A; and 2. Any residential dwelling structure erected on this lot must maintain a front yard setback on 33~d Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and 3. If a residential dwelling structure is constructed and then destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 4. The entire 75-foot front setback along Oil Well Road must be maintained; and 5. The front yard for any structure on this lot must utilize 33ra Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from 33~d Avenue NE. G:\Current~Deselem~Vadances\Manatcc VA.2002-AR-201~C~ SLIMMARY.doc Pa AGENDA ITEM NOV 0 5 2002 e3of4 PREPARED BY: KA~ D~SELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SU~f "~Y, AICI:r' ' CURRENT PLANNING MANAGER DATE MARGAR~, WUERSTLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE j DATE/ & ENVIRONMENTAL SERVICES ADMINISTRATOR lO AGENOA NOV 0 5 2002 G:\Current\Deselem\Variances\Manatee-VA-2002-AR-2015\EXECUTIVE SUMMARY.doc Pa le 4 of 4 AGENDA ITEM 8-C TO: COLLIER COUNTY PLANNrNG COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: August 6, 2002 SUBJECT: PETITION VA-2002-AR-2445 AGENT/APPLICANT: AGENT: Douglas R. Eaton, PSM 3470 1st Avenue Naples, FL 34120 APPLICANT: Ben Arledge 4651 26th Place, SW Naples, FL 34116 REQUESTED ACTION: The applicants are requesting a variance in the "E" Estates zoning district from the required 75 foot front setback along NE 33~ Avenue (south boundary), to allow a 30 foot front setback for property located at 4175 33~ Ave N.E. The amount of variance requested therefore is 45 feet. This lot is unusual in that a typical Estates lot comprises the minimum 2.25 acres and measures about 150 feet wide (the street frontage) by 660 feet deep. The subject lot comprises only 1.5 acres, and is approximately 330 feet wide by 200 feet deep. Additionally, this lot has two street frontages, requiring two full 75-foot front yard setbacks. The applicant states that if he is required to comply with the 75-foot front yard requirement the building envelope for his single family home can only be a maximum of 20 feet wide. The applicant claims that it is not reasonable to Construct such a narrow home. The Collier County Land Development Code (LDC) Section 2.2.3. sets forth the following in the Purpose and Intent of the Estates zoning district:1 The purpose and intent of the estates district (E) is to provide lands for ow- [ NOV 052002 Petition VA-2002-AR-2445 CCPC Date: September 5, 2002 P1 1. of 8 / ,,,. 5' density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to/ow density residential development with limited agricultural activities... The LDC addresses minimum yard requirements within the Estates zoning district in LDC Section 2.2.3.4.3.1-3. stating: Front yard. 75 feet, except in the case of conforming comer lots, in which case only one full depth setback shall be required, along the shorter lot line along the streeL The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. The su~ect lot is one of a strip of lots positioned between Oil Well Road (the north boundary) and 33'~ Avenue NE (the south boundary) within Golden Gate Estates that have been re-platted in a configuration that is quite different from the majority of lots within Golden Gate Estates (See Attachment A). Instead of the more customary long and narrow configuration that comprises most of the Golden Gate Estates lots, this lot and the other similarly configured lots are wider than they are deep. The subject property has 330 feet of street frontage along both Oil Well Road and 33rd Avenue NE and is approximately 200 feet deep. The lot is a legally non- conforming lot as defined, and does not meet the minimum 2.25-acre lot size, which creates an additional hardship. The LDC sets forth in the definitions (Article 6) that, "... all sides of a lot adjacent to streets are to be considered frontage", therefore the front yard setback applies to the frontage along both streets. The dual 75-foot front yard requirement poses a unique hardship for the subject lot because of the lot's shallow depth. The 33~ Avenue frontage includes 30 feet of road right-of- way (ROW), and the 75-foot front yard setback must be measured from the ROW line, subtracting a total of 105 feet from the depth of the lot. After subtracting another 75 feet from the Oil Well Road frontage (where the property line and ROW line coincide), only 20 feet of buildable depth remains, a building envelope of 20 by 270 feet. GEOGRAPHIC LOCATION (See Attachment A): The subject property is located at 4175 33~ Avenue NE, further described as Tract 70, Golden Gate Estates, Unit 67A, a replat as recorded in Plat Book 9 Page 47, the public records of Collier County, Florida in Section 16, Township 48 South, Range 28 East. PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to construct a single-family home on the subject property and has sought a building permit to do so. Building Permit 2001112559 was issued, but has been placed on hold when it was determined that the proposed structure would encroach 26 feet into the setback from 33"~ Avenue. The applicant is seeking this variance to allow the structure to be located closer to 33rd Avenue. The structure would meet all other required yard setbacks. NOV O 5 2002 Petition VA-2002-AR-2445 CCPC Date: September 5, 2002 Page of 8 GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. This land use category is described in the GMP as follows: The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gates Estates Subdivision. Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as well. The Golden Gate Area Master Plan places the subject property within the Golden Gate Estates area, which: \ is characterized by Iow density semi-rura/ residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are sor~e legal, non-conforming lots as small as 1.14 acres. The Golden Gate Area Master Plan and the Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. LAND USE AND ZONING (See Attachment B): Subject: Surrounding: North - East - South - West - undeveloped lot zoned Estates Oil Well Road (State Route 858) undeveloped lot (same configuration) zoned Estates 33~ Avenue NE undeveloped lot (same configuration) zoned Estates P®titio~ VA.2002-AR-2445 CCPC Date: Sep{ember 5, 2002 NOV 0 5 2002 3 of 8 ~ ,3: ,RD, 29 ~2 49 ~2'65 72 ~.lJ: 10~ 114 ~.e 3~ ~ .5~ E,8 7. ~ B,~IO~ 11~ 3' ST A~'~UE N.--. 117 27 34 47 §4 67 25 35 ~-5 55 2~TH A FE~ UE Z~ 55 65 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability a~ referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeol%:i:~ Survey and Assessment or waiver is not required. EVALUATION FOR IMPAC'I$ ~i'O TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a land-related hardship. The lot is situated between two streets and has been re-platted in a configuration that makes the siting of a house of any dimensions difficult to attain. Adherence to the required setback would limit any structure to a maximum of 20 'teet ~ width. If the variance is approved, the building envelope would be increased to 65 fee wiqlt~ lt, Petition VA-2002-AR-2445 CCPC Date: September 5, 2002 Page 4 o[ 8 NOV 0 5 201 That size would be more in keeping with the building area allotted to other building sites in Golden Gate Estates. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted the subject lot was replatted. The current owner was not involved in that action. Ce dt Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance is not approved, the applicant would be forced to re-design the home with a 20-foot maximum buildable depth. Designing a one-story structure, the house would need to be at least 50 feet long to meet the 1,000 square foot living space requirement of the LDC. It is interesting to note that there are leaflets posted on a nearby lot (4045 33rd Avenue NE) that advertise a home is "to be built" and ready for occupancy in December 2002. Approximate measurements taken from that leaflet show a home that is proposed to be more than 35 feet deep and 52 feet wide. Since that lot is advertised to be 330 feet by 204. feet, that home could not be constructed on the lots without benefit of variance approval. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is believed to meet the purpose and intent of the zoning district and allow a reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, but perhaps only on an interim basis. The grant~ng of this_variance will allow the petitioner to have a reduced street setback along the 33 Avenue ti'enrage. However, staff is proposing an LDC amendment in the next regular round of amendments that would allow all lots similarly configured to enjoy a similar setback. In the proposed amendment, staff suggests that lots with the configuration of this lot be permitted to have a reduced setback along 33rd Avenue equal to 15 percent of the depth of the lot. Staff is recommending the same setback for this variance. Fifteen percent was determined to be an appropriate measure because legal non-conforming lots that cannot meet the required 30 feet side yard setback could reduce a side yard setback at ten percent of the width of the lot. Staff believes it is appropriate to require more frontage' allowed for a side yard setback to address errant vehicle safety. This is not an iss~ e Petition VA-2002-AR-2445 CCPC Date: September 5, 2002 Page 5 of NOV 0 5 2002 Pg., ~ reduced side setback. Lots that need to utilize the allowance for side yard reductions are, ironically, located across 33ra Avenue fi.om the subject site. The LDC does recognize that lots in the Estates zoning district that are non-conforming in width and area are unique and need special consideration. Conforming comer lots are required to adhere to a front setback of 37.5 feet on the longer frontage. Setback relief is granted for non-conforming comer lots to 15 feet on the longer fi'ontage. It seems appropriate, therefore to grant relief for the subject non-conforming lot. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. As proposed for approval the variance would allow the applicant to construct a home in a configuration and style similar to others in Golden Gate Estates. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The lot's location between two roadways makes compliance difficult as discussed above. The applicant states in the application that the home has been sited so as to avoid a wetland area. No such area is depicted on the site plan however. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2445 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): 1. The variance granted is limited to the proposed front yard encroachment along Pelition VA-2002-AR-2445 CCPC Dat~: September 5. 2002 Page 6 A~NDA I'rFJ~ NOV 0 5 2002 IO NE as depicted and more particularly described in the applicant's site pian stamped "Received May 2, 2002." This site plan is included as Exhibit A; and 2. Any residential dwelling structure erecmd on this lot must maintain a front yard setback on 33ra Avenue NE of no less than 30 feet, as measured from the northerly edge of the right- of-way of 33rd Avenue NE; and 3. If a residential dwelling structure is constructed and then destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction' all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 4. The entire 75-foot front setback along Oil Well Road must be maintained; and 5. The front yard for any structure on this lot must utilize 33~ Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from 33ra Avenue NE. The first two conditions relate to the site plan and pictorially and numerically clarify the limits of the variance approval. The next condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. The remaining conditions are intended to mirror staffs proposed amendment to the LDC to address these unusually configured lots and to ensure that this property owner is treated equitably. Further, the conditions have been included to avoid any hodge-podge or zigzag appearance among the homes constructed on the strip of lots, to ensure an increased street setback is maintained for 33~ Avenue NE, and to further prohibit multiple access points [home site driveways] along Oil Well Road which is a higher speed state roadway that is not intended to provide access to individual lots. These conditions are offered in the interest of public safety. PUBLIC INPUT: As of the date this staff report was prepared (August 6, 2002) no letters, either in support of, or in opposition to, this petition have been received. Peffiion VA-2002-AR-2445 CCPC Date: Septemb~ 5, 2002 P~ AC, EI~A I'IT.~ !~ NOV 0 5 2002 d 11 PREPARED BY: KAY[ I~aSELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, A~CP / ~NT PLANNING MANAGER DIRECTOR, PLANNING SERVICES DEPARTMENT APPROVED BY: JO,.~/EP/~.-I K. SCHM_IT2V, ADM~STRATOR DA~E / C~fUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION // qgtlier County Planning Commission: ~NNE~L.~E~ATHY, CHAIRMAN DATE Staffreport for the September 5, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the October 10, 2002 Board of County Commissioners Meeting Attachments: A. B. Peflliofl VA-2002-AR-2445 Location/Site Map Reduced Copy Zoning Map CCPC Date: September 5, 2002 Page 8 AC_,E~A ITEM~.~ NOV 0 5 ;. AC.,F-NOA i NOV 0 5 J'/ /! ! il VARIANCE PETITION_ (VARIANCE FROM SETBACK (S) p~QUIRHD FOIl. A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Dat~ Petition Received: Plann~' Assi~nexi: VA-2002-AR-2445 PROJECT #2002040057 DATE: 512102 KAY DESELEM ABOVE TO KE COMPLETED BY STAFF GENERAL INFORMATION: petitioner's Name: ~ Petitioner's Address: ~ 2.~'~'1 /:>c,. _~. c_~ ~ ~'(_._ ~/~..I t/.o Telephone: 3_q$. 4 l.tl, Agent's Name: Agent's Address: Telephone: 3<~ 5- 05>~-- Application for Variance Petition Page AGENDA IT~ NOV 0 5 2002 L COLLIER coUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: ~ Mailing Address City State Zip, Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City Name of Master Association: ~ Mailing Address City State ~ Zip State Zip Name of Civic Association: Mailing Address City State . Zip PROPERTY DESCRIPTION_'. Legal Description of Subject Property: Subdivision: ~. G&~'t.~.-- ~_b,~'. Unit /..0'7 ~ Lot (s)-~' "70 Btock-(-s) Section; Twp. '~-~:- Rang¢~Propea-tyI.D.# '$/O/20 2 J?OOd)5 Metes & Bounds Description: Application for Variance Petiti°n - 8/98 Page: NOV 0 5 Zuu, Address of Subject Property: (If different from petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: LAND USE Minimum Yard Requirements for Subject Property: Comer Lot: Yes [] No ~ Side: Wat~-n'h'ont Lot: Yes [~ No ~1 R~: 7~ Application for Variance Petition - 8/98 Page 3 NOV 0 5 2002 _Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of eheroaehrnent proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Application for Variance petition - 8/98 Page NOV 0 5 of Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, slructure, or building involved. Are ~ere special conditions and circumstances which do not result from the action of the applicant sucli as pre-existing conditions relative to the property which is the mbject of the variance request. Will a literal interpretation of the provisions of this zoning code work ,~,,~necessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if sranted, be the mlnlmtlm valiallc¢ that will make poss~le the reasonable usc of the land, buildins or sirucV, tre and which promote si~mdards of health, safety or welfare. Annlication for Variance Petition - 8/98 Page --ROV 0 5 2002 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or slructures in the same zoning disu'ict. .6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or othei'wise detrimental to the public welfare. Arc there natural conditions or ;' :-l.'z. :=.l!y induced conditions that ameliorate the goals and objectives of the regulation such as nara~al preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Pa NOV 0 § 2OO2 6of8 '~ VARYANCE pETITION APPLICATI HE T THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! # OF COPIES REQUIRED REQUIREMENTS 1. Completed Application ~ 2. Completed Owner/Agent Affidavit, Notarized 3. Pre-application notes/minutes 4. Survey of property, showing the encroachment (measured in feeO 5. Site Plan depicting the following: a) Ali property boundaries & dimensions b) Ail existing and proposed structures (labeled as such) c) N~rth arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for reference 7. Pre-Application fee, Applicaton fee and Data Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - 15 1 15 1 15 1 As the authorized agent/applicant for ~ petition, I at~t that all of the information indicated on this checklist is included in this ~ubmittal package. I und~r~tand that failur~ to include all necessary subminal information may result in the delay of processing of this petition. Applicant/Agent Signature Application for Vsriance Petition - 8/98 Date Page NOV 0 5 2002 , AFFIDA VII' am/are the owners of the Property d~sc'~bed herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, 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. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. AspropertyownerWe/Ifurtherauthorize ~'~::~fi ~ '~. t~-ten~ ?~ toact as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or printed Name of Owner Typed or Printed Name of Owner The oregoingd~tstrument was gclgnowledged before me~ day of _~_~~, t~..~ by L°~.Z-~I-~'i gt~-~Jc[~/~t'~wn° ~lly kn°wn~-"~ me °r has pr°duced ~ .... v '~s ~d-en't~cation. -- Application for Varianc~ Petition - 8198 (S~-~'tu[,dof Notary Public - State of l Name of Nota~ Public) NOV 0 5 2~2 NOV 0 5 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR- 2445 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, ~l~nong which is the granting of variances; and WHEREAS, the Board of Zoning At'peals, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and pr~Vided, and has considered the advisability of a 45-foot variance from the required 75 foot front yard setback to 30 feet as shown on the attached site plan, Exhibit "A," in an "E" Estates Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the zoning Regulations of said Land Development Code (LDC) for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given oppommity to be heard by th/s Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA-2002-AR-2445 filed by Douglas Eaton, representing Benjamin Arledge, with respect to the property hereinafter described as: Tract 70, Golden Gate Estates, Unit 67A, as recorded in Plat Book 9, Page 47, in the Official Record Books of Collier County, Florida in Section 21, Township 48 South, Range 28 East, Collier County, Floridm be and the same hereby is approved for a 45-foot variance from the LDC Section 2.2.3.4.3.1, 75 foot front yard requirement to allow only a 30 foot front yard as shown on the attached site plan, Exhibit 'A,' oftbe 'E" Estates Zoning District wherein said property is located, subject to the conditions shown in Exhibit "B:": BE IT RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2445 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Deputy Clerk JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A, Site Plan Exhibit B, Conditions VA-2002-AR-2445/KD/io NOV 0 5 2002 t ! CONDITIONS FOR BEN ARLEDGE Petition # VA-2002-AR-244S The 1. foregoing variance is subject to the following conditions: The variance granted is limited to the proposed front yard encroachment along 33r~ Avenue NE as depicted and more particularly described in the applicant's site plan stamped "Received May 2, 2002." This site plan is included as Exhibit A; and Any residential dwelling structure erected on this lot must maintain a front yard setback on 33r~ Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and If a residential dwelling structure is constructed and then destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and The entire 75-foot front setback along Oil Well Road must be maintained; and The front yard for any structure on this lot must utilize 33r~ Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from 33r~ Avenue NE. Revised: 8/7/02 VA-2002-AR-244.5 Exhibit B G:\Current~Deselem\Variances~rledge, Ben--VA-2002-AR-244~Condffions.doc NOV 0 5 2~2