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Backup Documents 01/13/1998 RREGULAR BCC MEETING OF JANUARY 13, 1998 January 13, 1998 COLI,I ER COUNTY BOARD OF COUNTY COMMISSIONERS AG .I~qDA January 13, 1998 9:00 A.M. NOTICE: ALL PERSONS WISIIING TO SPEAK ON ANY AGENDA ITF2~ MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITtl THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITF2~ TO BE ADDRESSED. REQUESTS 'IY) Al)DRESS 'I'}[E BOARD ON SUBJECTS W'IIICII ;die NOT ON TIIIS AGENDA MUST I½E SUBMITTED IN WRITING WITIt 'EXPLANATION TO 'life COUN'I~Y ADMINISTRATOR AT I,[:.AST ]3 DAYS PRIOR TO THE DATE OF THE MIgETING AND WII,I, BE IIEARD UNDER "PUBI, IC PETITIONS". ANY PERSON WIIO I)ECiI)ES TO APPEAl, A DECISION OF TIIIS BOARD WII,I, NEED A RECORD OF TItE PROCEEDINGS PERTAINING TIfeRETO, AND TIIF:REFORE MAY NEED TO FLNSURE TI[AT A VERBATIM RECORD OF TIlE PROCEEI)ING,q I.~; MAI)f:, WIlICII RI','CORI) INCI,UI)[':,q 'l'lII': TI':,q'I'IMONY AND I;~/iDI~CI~, UI~ON WIIlCt! 'I~IE APPEAL IS 'I~) BE BASED. Al, I, REGISTERED PUBLIC SPFgIKERS WILL BE LIMITED 'PO FIVE (5) MINUTES UNI,ESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIfe CI[AIRMAN. ASSISTED I, ISTENING DEVICES FOR TIlE HEARING IMPAIRED ARE AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE. I,UNC}{ RECESS SCHEI)ULEI) FOR 12:00 NOON TO 1:00 P.M. i. INVOCATION .- ~:'al. her Tim ~;avin - St_. Peter's Catholic Church 2. PLEDGE OF AI~L[';GIANCE 3. APPROVAL OF AG[.hNI)A AND CONSKNT AGENDA Approved and/or adopted with changes 5/0 4. APPROVAl, OF MINUTI.:S 5. PROC[J%MATIONS AND SERVICE AWARDS A. PROCI~AMATIONS 1) A proclamation proclaiming the week of January 19-25, 199a as Dr. Marzin [_,uther King, Jr. Week. To be accepted by Lorenzo Williams, President of the Collier County Branch of the Nat:ionai Association for the Advancement of Colored People. Adopted 5/0 Page 1 January 13, 1998 2) Proclamation proclaiming January 11-17, 1998 as Stop! Red Light Running Week. To be accepted by Edward Kant, Chairman of Collier County Corm~unity Traffic Safety Team. Adopted 5/0 3) Proclamation proclaiming the week of January 12, 1998 as Collier County Safe Boating Week. To be accepted by Mr. Lee Lyon, President of Marine Industries Association of Florida and Mr. Ed Ferreira, President of Marine industries Association of Collier County. Adopted 5/0 4) Proclamation proclaiming the week of January i1-17, 199~ as Purple Martin Week. To be accepted by Joseph Darragh, President of Conservancy Purple Martin Society. Adopted 5/0 B. SERVICE AWARDS Presented 1) Kevin Hendricks - Real Property - 10 years 2) Jua:~ Ortega -- EMS - 10 years 3) Valerie Thorsen EMS - 10 years 4) John ~,;oonan - Wastewater 5 years 5) Eugene Troutman - Road & Bridge - 5 years 6) Robert Zastempowski - Parks & Recreation - 5 years C. PRES .ENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF C}L~NGES '[~D RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. CO~ ADMINISTRATOR'S REPORT A. COMMUNITY D;~JELOP~E~4T & ENVIRONM]KNTAL SERVICES B. PUBLIC WORKS 1) Accept staff recommendations pertaining to the Jail Co[mmittee and initiate funding actions necessary to implemen~_ the recommendations in the update of the Integrative Corrections Strategic Development Plan. Approved w/changes 5/0 Page 2 January 13, 1998 PUBLIC SERVICES D. SUPPORT SERVICES 1) Adopt a Resolution for Special Risk for Emergency Medical Technicians (EMT's) and Paramedics. Res. 98-13 - Adopted 5/0 E. COUNTY ADMINISTRATOR F. AIRPORT A[~{ORITY 9. COUNTY A~PORNEY· S REPORT 1©. BOARD OF COUNq~ COMMISSIONERS A. Confirmation of appointment to the Emergency Medical Services Advisory Council° Res. 98-14 appointing Gail Dolan - Adopted 5/0 Added: B. Resolution requesting dialogue between the Ir~okalee Farmworkers and the growers. Motion died for lack of a second. 11. OTI~R CONSTITUTIONAL OFFICERS PUBI, IC COMMENT 0S GP-'J~q~ TOPICS 1. Ty Agoston - Regarding Army Corp of Engineers article in newspaper. PUBLIC HEARINGS WILL BE ILEARD IMMEDIATELY FOLI~WING STAFF ITEMS 12. ADVERTISED PUBI,IC }[EARINGS - BCC A. COMPREt[P~SIVE PItXN AMENDMENTS 1) Petition CP-97-04, Bruce Anderson and Robert Duane representing Drs. Manuel and Regina Pena requesting to amend the Future Land Use Map by including the property located at the SE corner of Napa Way and Pine Ridge Road into Pine Ridge Road Interchange Activity Center subject to limiting the parcel to medical use only as a small scale plan amendment. (Companion to Agenda Item 12B. (1) Ordinance 98-2 - Adopted 5/0 B. ZONING AMP34DMEqXP~S 1) Petition R-97-2, Bruce Anderson of Young, van Assenderp & Varnadoe representing Dr. Manual and Regina Pena requesting a Page 3 January 13, 1998 rezone from "E" Estates to 'C-1/T" Con~mercial Professional Transitional District for a medical cl.i. nic for property located at the southeast intersection of Napa Boulevarct Extension and Pine Ri. dge Road (C.R. R96) consisting of the east % of 7rac- 41, Unit 3], Golden Gate Estates in Sec. 17, T49S, R26E, consisting of 2.30+ acres. (Companion to Agenda item '2A. Ordinance 98-3 - Adopted 5/0 ~_~ ,on PUD-84-23(1) Thomas W. Olliff, Adminzstrator of Collier Coan,_y Public Services, representing the Board of County Co~missioners, requesting an amen~nent to the East Naples Corr~munity Park PUD for the purpose of allowing a 150' monopole co~unication tower on the subject property for property located south of and adjacent to Thomasson Drive, south and east of Avalon Elementary School in Sec:. 24, T5OS, R25E. Ord. 98-4 - Adopted 4/0 (Co~¥.~issioner Constantine out) 3) Petition ?.-97-7, Comm~nity Development and Environmental Services Divir;ien representing the Collier County Board Co::nt.'/ ComJnis"ionors.-, _ requesting a rezone from "PUD" Pla,,,.-~e~,J Uzi' be'/elo~m~,nt. _ to "A' Rural Agricultural for ~h_~ Naoles, R u' D Park at Lely PUD located i~ediately south of U.S. 4! in Secs. 29 and 36, TSOS, E26E, consisting of 6,4.g acres, more or ,ess. Res. 98-]5 - Adopted - 5/0 4) Petition PUD-83-1',8), Michael R. Fernandez, AICP, of Planning Development Incorporated, representing Coast Communities CorporatLon requesting an amendment to the Berkshire Lake PUl) for the purpose of amending the Berkshire Lakes PUD regulations having the effect of adding the use of a selL-storage cente¥ on the com~,ercial tract located on the northwest corner c,f Davis Boulevard and Santa Barbara Boulevard together with additional development standards to enhance the appearance and compatibility of this type of co~ercial structures for propert:y located on the northwest corner of the intersection of Davis Boulevard (C.R. g4) and Santa Barbara Boulevard, ' Sets .... ~nd 33, T49S, R26E, and Sec. 5, R26E, cor. sistino of 1,093.9 acres, more or less. Ord. 98-5 - Adopted 4/1 w/ changes (Co~issioner Const~tine op~se~ ) . C' . ~I~ [ER 1) Petition CCSL-97-4, Gary Franco from the Collier County Parks and Recreation Department representing the Collier County Board of County Commissioners requesting a Coastal Construction Setback Line variance to allow for equipment storage and constructic, n of a conc:ession stand on the beach at Vanderbilt Beactn County Park. Res. 98-16 - Adopted 5/0 Page 4 January 13, 1998 2) An Ordinance amending Collier County Ordinance No. 81-42, as amended, by adding a new Section 47 thereto to increase the Occupational License Tax applicable to lawn maintenance contractors, landscaping restricted contractors, and landscaping unlimited contractors; providing for conflict and severability; providing for inclusion into the Code of Laws and Ordinances; providing an effective date. Ord. 98-6 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBI, IC tlEARINGS ~. OTI {ER 1) Petition CU-95-16, Terrance Kepple requesting an extension of Conditional Use '1' and "3' in the 'E' Estates Zoning District to allow for a house of worship and child care center that has previously received conditional use approval for property located on the south side of Golden Gate Boulevard in Sec. 11, T49S, R26E. Res. 98-17 - Adopted 5/0 14. STAFF'S COMMTJNICATIONS 15. I~ARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Memo from Finance Director Mitchell re payment of invoices for Court Ac]ministration. 16. CONSF2~T AG~4DA - All matters listed under this item are considered to be routine amc] action will be taken by one motion without separate discussion of each item. I~ discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes 5/0 A. COMMUNITY DEVEI~PMifNT & I.iNVIRONM~24TAL SERVICES B. PUBLIC WORKS 1) Approve a Work Order ~mendment under Fixed Term Professional Engineering Services Agreement 95-2422 for additional services for the design of Landscaping, Irrigation and Docks at Sugden Park. Work Order Amendment WI[BP FT-96-14-A to Wilson, Miller, Barton & Peek, Inc., in the amount of $64,860.00 2) Approve Collier County granting a Temporary Construction Easement to South Florida Water Management District. Page 5 January 13, 1998 3) Approve Architectural Lighting Agreement between the Florida Department of Transportation (FDOT) and Collier County. C. PUBI,IC SERVICES 1) Award work order ~SC31 to construct a partial regulation baseball field at Ir~nokalee Corr~nunity Park. To Surety Construction Company in the amount of $]11,411.08 D. SUPPORT SERVICES 1) Approve a Resolution authorizing the Chairman of the Board to execute Limited U:-;o License Agreements for the current Chair~an':~ '.eh'Ire only. Res. 98-6 2) Approve the attached three Resolutions authorizing the Board Chairman to execute the appropriate documentation required to expedite the County's Land Rights Acquisition Program for the current Chairman's tenure only. Res. 98-V, 98-8 and 98-9 3) Approval of a Resolution authorizing the execution of purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties, Inc. (Agreement dated November 15, 19S3), by the Chairman for the current Chairman's tenure only. Res. 98-10 4) Approval of a Resolution authorizing the Chairman of the Board to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. Res. 98- ] 1 5) Authorization for the Chairman to execute Satisfaction of Lien Document 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. 6) Approval of an Agreement between the State of Florida Department of Community Affairs and Collier County to accept State a~d local assistance funding for Emergency Management activities. Res. 98-12 7) This item has been deleted. 8; Approval the purchase of five medium-duty advanced life Page 6 January 1.3, 1998 support ambulances using City of Jacksonville Bid No. SC0057-96 and authorize use of reserves in the Motor Pool Capital Recovery Fund (522 to replace on ambulance damaged in an accident. Purchased from Medic Master Corp. in the total amount of $544,875.00 9) Approve an agreement with the Office of the Attorney General, State of Florida to settle disputed Medicaid overpaymen%s to the County for the periled February l, 1992 February 13, 1997. COUNTY ADMINISTRATOR 1) Budget amendment report. Budget Amendments 98-].03, 98-]07 and 98-108 BOARD OF COUN'I~f COMMISSIONERS G. MI SCEI,LANEOUS CORRES PONDP2~CE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. O'Iq[ER CONS'FI~qu"FIONAL OFFICERS i. CO[/NTY A~I'PO RN E~Y 1) Recommendation that the Board approve the Stipulation for Substitution of Counsel in the lawsuit styled Stephen R. Watts v. Better Roads, Inc., Collier County, Florida and State of Florida Department of Transportation, Case No. 97-2201-CA-01-TB and to authorize the Chairman to execute the Stipulation and all nece:~sary documents pertaining thereto. J. AIRPORT AUqq {OR I q~f 17. ADJO~ INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO T~LE COUN~%f ADMINISTRATOR'S OFFICE AT 774-8383. Page 7 Naples Daily tiers Naples, FL 33940 Affidavit of Publication Naple~ Daily News BOARD OF COUNTY COMMISSIONERS ATTN: UANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS. CO(.LIER COUNT ~, ~LOPIDA T uesdoy, Jonucx'V 13,1998 REFERENCE: 001230 8004/.0 9:00 A.M. 57621507 NOTICE OF PUBLIC I'IEE Notice Is hereby given thor f1~e Collier Courffy B('x]rcl of Co~Jrth/ Co~nmis- State of Florida slo~er$ will mee4 in fl~e Boord'$ County of Collier Thlrcl Floor' of fhe Admtn- J~efore the undersigned author½ty, personally is~,oflon Building (Buildir~ F) crt ~'ne Cotl~r Cou."~fY appeared B. Lamb, who on oath says that she serve., Government Complex, aS the Assistant Corporate Secretary of the Naples Noples, FJo~-Jdo, D~iLy NeNs, ~ daily newspaper published at Naples, dUmlier C~,the b~l~ss~ th~ ~'ieCOl' ~n Collier County, Ftor~da: that the attached stmedtl~ond~e. copy Of ~dvert~sing wa~ published in said ne.~s~per on dates l isted, mo~ ovolloble to Affiant further says that the said Naples Daily folned News is e newspaper published at Naples, in said County Admints/rotor. ~me ~, ~me p~i- Collier C~nty, Florida, and that the said ~tlme. n~s~per has heretofore been continuously Any ~r~ ~ ~ld- ~b[ish~ in said Collier County, Florida, each mis ~d will n~ o re- day and has been entered as second class ~(l c~d pe~olni~ ~er~o, grid ~tter at the ~st office in Naples, in said ~ef~e moy ~ed to eh- Collier C~nty, Florida, for a peri~ of 1 year s~e ~ o ve~m ra- ced next preceding the first publication of the m~, which rec~d In- ettach~ copy of advertisement; and affiant cl~s evl~nce further says that she has neither paid nor ~llsto~d. praised any person, firm or co~ration any BOARD OF COUNTY COmmISSIONERS discount, rebate, commission or refund for the COLLIER COUNTY, pur~se o[ securing this advertisement for FLORIDA BARBARA B. BERRY, publication in the said newspaper. CHAIRMAN DWIGHT E. 6ROCK, CLERK PUBL [ SHED ON: 01/11 B~:/s/~reen Keny~ O~t Clerk J~. 11 NO. AD SPACE: 52 0OO INCH FILEO ON: G1/12/98 Signature of Affiant ~ Sworn to and Subscribed before me this __ day of , I I 19__ Personally known b;' me ~ " /I 61:/~,' ' ¢D,,1 ('IL,I/\'(,l:,~; ' ' i~(),,I I?!) 0I" C'O/.I[','7'}' C'O.~I,I !I.¥.¥10,¥1':!~.¥' 3 IF.I:'7'IN(; .I/I¢¥U,,I i~ ~' 13, 199,¥ ADD: ITEM 10(B) - Resolution requesting dialogue between the immokalee l'a~'~w:~,.I.','[,' growers. (Commissioner MacKit) 5 I'R OC L/I M/! TI O N IVIIEREAS, the ('ongre.vs qf the thfited Statex q/'America hax de.vignated the birthday of Dr. Ah~rlin [.uther King, .h'. a.v (t naliomt[ holi~hty: and IVtlEREAS, Ibc l'rcxident ~f tile llnited ,'qtal¢.¥ signed legi.vhtlion authorizing Dr. King's birlluhO, a.v a ntttionitl holitltO, with oh.vcrvttnce.s' to commence on .hmuttO, 19lb qf 1998; ami WIIERE/IS, Dr. ,¥[artin Luther King, ,h'. received nttlionrtl and international recognilionJ'or his stirring struggle against injuxlice and his leadership in espousing brotherhood, xe!f-discipline, and non-violence: WIlEREAS, the ( 'oilier CormO, Branch q/'the National As.vociation.fi~r the Advancement of ('olorcd l'eople (NAACP) will hold a commemorative celebration t!f Dr. King hirthda, v by spom'oring the Mw'tin Luther King, .lt. Da), Parade on Monday, .fimuary 19, 1998 honoring his liJblong efforts to achteve freedom.fi~r all. NOW TtlEREFORE, be it proclaimed b), the Board ~!f County Commissioners qf Collier CounO'. Florida, ti, at the week qf. Ianuary 19 - 25. I998 be dexignated as DR. MARTIN LUTtlER KING, JR. WEEK in Collier Caunt),, bTorida and urge all citizens to rentember Dr. King's out.vlanding accomplishments by participating in commemorative celebrations to be hehl during Dr. Martin Luther King, Jr. Week. DONE A ND ORDERED TtlL¥ 13lb Da), (?f, htnuttty, 1998. BOA RD OF COUNT)' COMMISSIONERS COLLIER COUNI'E FLORIDA .122'EST: DWI(_;t P R OCL,4 M/I TI ON I~'tlERI'2.1S, dixregarding trt~(fic t.'olllro! devicex L~' a ]c,a~fing cauxe qf urhan crttshe& rel~rc.venlinx 22 pet'cc~t q/'lhc Iolul number t~/'t'raxhcx according lo i~fi~rmation ./)'rm~ the ]nxttranec lnstilute.fi~r t[ighw~Lv Sqfe(p. und has an estimated ecotmmic impact q/'.~ 7 billion bm'ed ot~ dater.fi'om the U,,S~ Department t~/"l)'an.vportalim~: tIgIERE,,IS, rud light runnin~ co.~'tx in the Stale t~/'l'Vori~kt itl 1996 were cstinlelted tel .~3 79 ntillinn iii ccniltmlic h),v,~' which i~Ic'ludcd nlcdic'td coxlx, lime t~[]'work, in,~'urtulce hike.~, prtlpero, d~inmge, und so.fi~rlh: and WHERE/JS, red light runnin,~ viohttions (['Lg, Chapter 316.074) in the stale.~r I996 resldted il1 J 1,66 J c'i'~t.~'hu.v CUltXillg 16,260 [)erxonrt[ it{juries: tltld II'lIEgE/IS, r.iJroad gt'at& crm'xillg crashes in Floritki have increa.vcd.from 95 i~1 1995 lo 1~12 in 1996; and II/IIER EAS, stopping red light running trod ils economic and pers(mal losses ix total(~' within thc COlll1'ol qf'tfi'ivur.~': rind 1tTIERE/IS, sew)ping red light rtmni~1g is both a State and l(/e rltlel economic lklbilio,: and IITIEREAS, the Collier COlino, ('ommuniO, Trq[fic Team (C'7~g7) declares its .vuppe~rt qf the Atational STOl': RED I. IGtlT RUNNhV(i ('ampaign .~on.vored hy lite Federal tlighway /Idnlillixtrtttian; and II'IIERE/1S, the Collier ('o1.1[v CTST will .~'ttpl~ort a ST()['[ RED LIGtlT RUNNIN(; WEEK with areem'ide selective e~Ibrccment of red light running violations in an t([]brt to create public awareness (~the haztlrd, v qf disregardi~lg lrq[]ic signals; and 1tTtERE/IS, the goal ~'the Collier ('o1.10, Communio' 7?q[]ic Safely Team is to reduce the number ami sevcriO, fff t1'ql[tc t'ra.vhes. ~%'OW TIIEREFORE, be it flrochdmed &v thc B~rlrd t~f Cotlttty C'ommissionerx qf ('ollier ('ounts; ~7orida, thai .AinuaZv J I - 17, 1998 be designated us STOPI RED LIGHT RUNNING IVEEK und urge till c'ilizuttx in recognize thix event fi)' p[cr(~,ing tn ~ipproac'h iitlCrxcc'tton.~ ~lnd t'~liJr~utd ,W'~tdu c'rt).~',~'itl,~x with dlle C'Ultlion ~ltld er) .~'lofl ~r reel light DONE/IND ORDERED Tills 13th D(a' qf,hmu~tCv, J 998 Ii(L.IRI) OF ('()l.l. lER ('Ot/N'IT, FI. ORID,.I I) I I"lfii T F. RK 5 P R OCL/I MA TI O N IlqlEREAS, htutting ix a mqjor recreatiot~al activity qf ( 'oilier ('ount),; and WtlEREAS, boating ix cqfo)'cd &v citizem' qf all ages: and I~7IERE~.IS, hoati~g ix participated in h)' residcnts ami visitorx alike: rind WllEREAS, boating is deservi~g the attention t~sq~'ty on the water: ami I~71ERE..IS. boating ix enhanced h), the practice qf .~'q~'O' on the wt,ter; ami IITIEREAS. boating in a sqfe manner ben,grits ever)'tme; and t[71EREAS, it is appr.priate to recognize the value qf sqQ hoati~g educati.n hy dexigmtting ('oilier ('ounO, St(e Boati~g Week. NO W TILER EFORE, he it proclaimed h), the Board qf ('ounty ('ommissioners qf Collier ('ol.lty, PTorida. that the week of.January 12th, 199,~ hc de.~'ignated as COLLIER COUNTY S/I FE BOA TING WEEK to encourage the people in Collier ('otto(}' to become familiar with sqfe boating procedures and (o practice sqfe hoati~tg in the waters of Collier Courlt).,. DONE AND ORDERED TIIIS 13th Day qf,]amtar),, 1998, BO.4RD OF COUNTY COMMISSIONERS COLLIER COUNT}~ FLORIDA I'RO¢'LAMA TION WtlEREAS, in a vet:v short timc, Ihott.¥an¢~s' of our ver), beaut~tl.feathered.friendx, the Purple Martinx, will retttrn./rom their ri'inter home in Hrttzi[i and ItTIERE/IS, the.w hit'~' will he .rearching.fi~r suitable hou.ving to enable them to ne.vt and rear lheir )'~nmg: anti ttTIEREAS, the ['7oritht Legi.~'kttltrc has t&xigt~tttcd Collicr ('otttlO, the t'URPLE ( ',.I 1'17;.1L ()h' I"l.()RID,,1; and ItTIEREAS, the "('onxervancy Putwle ,~htrtin SocieO," ix desirous ~f urging the public to erccl proper hou.~'ing.fi : these yeO, valuable winged creature.v h)' placing ho~t.s'es otl their l~rol~et'(~,, anti WttER EAS, during the period t~f.lonuary l 1 - 17, 1998, the Con,~'ervanc), Purple ,~Iartin ,S'ocicO, will endeavor lo alert the public to ]low vahtahle these hirtZv arc itl helping It~ diminish the inxcCl and mo.wuito populalit~n. NOW TIIEREFORE, he it proclaimed by lhe Board t~f Counly ('ommissioner,~' Of ('ollier ( 'ounO,, Florida, that the week of January I1 - 17 199,~ he de.~'ignated as PURPLE MARTIN WEEK in Collier CounLv and ur,ge all citizenx to join wilh the Con.s'ervtmc), Purple :~lartin SocieO' to ,~'hllw their ctlllcel'll.[~r Ihexe valuable and /Hcnd(v win,~ed creaturex and learn Io prolect and pre.vcrvc lhem. DONE A ND ORDERED Tills 13th Dt(v t4fJanuary, 1998. BOARD OF ('()tiNT}' ('OMMISS1ONERS COLLIER COUNT'E I'7.0RIDA 'DIVI(~FI' E. BR()('K, ('LERN ~ risk iN()~V 'i'ill':l,tl,:l,'()l.,ll,:, !11': I'i' I,~l':,",i()l,\'i.:l), II,ut thc ('~fllicr ('~unl.v II~rd Commissioners support thc inclu.~i~m of l':~'l'l"s ~ml Ix~rmn~'clk's int~ thc spcci~l risk cl;~ss ol'thc I:l~rid~ iii.: IT l,'iIl~'i'lll.:l~ i~l.:X()l.~'l.:l)'I'IIA'I' upon 1 A bill to be entitled 2 An act relating to' the Florida Retirement 3 System; amending s. 121.021, F.S.; redefining 4 the term "special risk me~er"; amending s. 5 121.0515, F.S.; adding to the Special Risk 6 Class of membership certain emergency medical 7 technicians and paramedics;, providing 8 legislative intent; providing an effective 9 date. 10 !1 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (c) is added to subsection (15) 14 of section 121.021, Florida Statutes, 1996 Supplement, to 15 read: 16 121.021 Definitions.--The following words and phrases 17 as used in this chapter have the respective meanings set forth 18 unless a different meaning is plainly required by the context: 19 (15) 20 (c) Effective January 1, 1998, "special risk member" 21 means a member of the Florida Retirement System who is 22 designated as a special risk member by the division in 23 accordance with s. 121.0515. Such member must be employed as 24 a law enforcement officer, a firefighter, a'correctional 25 officer, an emergency medical technician, or a paramedic and 26 must meet certain other special criteria as set forth in s. 27 121.0515. 28 Section 2. Subsections (1) and (2) and paragraph (a) 29 of subsection (7) of section 121.0515, Florida Statutes, are 30 amended to read: 31 1 CODING:Words ~ri~k~r~ are deletions; words underlined 8 .f31 HB 123, Second Engrossed/nrc 1 121.0515 Sp~bial risk membership; criteria; ' 2 designation and removal of'classification; credits for past 3 service and prior service; retention of special risk normal 4 retirement date.-- 5 (1) LEGISLATIVE INTENT.--In creating the Special~ Risk 6 Class of mer~ership within the Florida Retirement System, it 7 is the intent and purpose of the Legislature to recognize that 8 persons employed in certain categories of law enforcement, 9 firefighting, ~ criminal detention, and emergency medical 10 care positions are required as one of the essential functions 11 of their positions to perform work that is physically 12 demanding or arduous, or work that requires extraordinary 13 agility and mental acuity, and that such persons, because of 14 diminishing physical and mental faculties,, may find that they 15 are not able, without risk to the health and safety of 16 themselves, the public, or their coworkers, to continue 17 performing such duties and thus enjoy the full career and 18 retirement benefits enjoyed by persons employed in other 19 positions and that, if they find it necessary, due to the 20 physical and menta'l limitations of their age, to retire at an 21 earlier age and usually with less service, they will suffer an 22 economic deprivation therefrom. Therefore, as a means of 23 recognizing the peculiar and special problems of this class of 24 employees, it is the intent and purpose of the Legislature to 25 establish a class of retirement membership that awards more 26 retirement credit per year of service than that awarded to 27 other employees; however, nothing contained herein shall 28 require ineligibility for special risk membership upon 29 reaching age 55. 30 (2) CRITERIA.--A member, to be designated as a special 31 risk member, must meet the following criteria: 2 CODING:Words ~ are deletions; words underlined are :~ons.~ HB 123, Second Engrossed/nrc 1 (a) The me~aber must be employed as a law enforcement 2 officer and be certified," or required to be certified, in 3 compliance with s. 943.1395; however, sheriffs and elected 4 police chiefs shall be excluded from meeting the certification 5 requirements of this paragraph. In addition, the member's 6 duties and responsibilities must include the pursuit, 7 apprehension, aid arrest of law violators or suspected law 8 violators; or the member must be an active member of a bomb 9 disposal unit whose primary responsibility is the location, 10 handling, and disposal of explosive devices; or the member 11 must be the supervisor or command officer of a member or 12 members who have such responsibilities; provided, however, 13 administrative support personnel, including, but not limited 14 to, those whose primary duties and responsibilities are in 15 accounting, purchasing, legal, and personnel, shall not be 16 included; 17 (b) The member must be employed as a firefighter and 18 be certified, or required to be certified, in compliance with 19 s. 633.35 and be employed solely within the fire department of 20 the employer or agency of state government. In addition, the 21 member's duties and responsibilities must include on-the-scene 22 fighting of fires or direct supervision of firefighting units, 23 or the men~er must be the supervisor or command officer of a 24 member or members who have such responsibilities; provided, 25 however, administrative support personnel, including, but not 26 limited to, those whose primary duties and responsibilities 27 are in accounting, purchasing, legal, and personnel, shall not 28 be included; or 29 (c) The member must be employed as a correctional 30 officer and be certified, or required to be certified, in 31 compliance with s. 943.1395. In addition, the member's 3 CODING:Words s~zick=~ are deletions; words underlined ar~,~ticn~. HB 123, Second Engrossed/nrc 1 primary duties and ~esponsibilities must be the custody, and 2 physical restraint when n~cessary, of prisoners or inmates 3 within a prison, jail, or other criminal detention facility, 4 or while on work detail outside the facility, or while being 5 transported; or the member must be the supervisor or command 6 officer of a member or members who have such responsibilities; 7 provided, however, administrative support personnel, 8 including, but not limited to, those whose primary duties and 9 responsibilities are in accounting, purchasing, legal, and 10 personnel, shall not be included; however, superintendents and 11 assistant superintendents shall participate in the Special 12 Risk Class; orr 13 (d) The member must be employed by a licensed Advance 14 Life Support (ALS) or Basic Life Support (BLS) employer as an 15 emergency medical technician or a paramedic and be certified 16 in compliance with s. 401.27. In addition, the member's 17 primary duties and responsibilities must include on-the-scene !8 emergency medical care. However, administrative support 19 personnel, including, but not limited to, those whose primary 20 responsibilities hre in accounting, purchasing, legal, and 21 personnel shall not be included. 22 (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT 23 DATE.-- 24 (a) A special risk member who is moved or reassigned 25 to a nonspecia! risk law enforcement, firefighting, or 26 correctional, or emergency medical care administrative support 27 position with the same agency, or who is subsequently employed 28 in such a position with any law enforcement, firefighting, or 29 correctional, or emerqency medical care agency under the 30 Florida Retirement System, shall earn credit for such service 31 at the same percentage rate as that ea.rned by a regular 4 CODING:Words s-c%--i-cb~n are deletions; words underlined are~ons~ HB 123, Second Engrossed/nrc 1 member. Notwithstanding the provisions of subsection'(4), 2 service in such an administrative support position shall, for 3 purposes of s. 121.091, apply toward satisfaction of the 4 special risk normal retirement date, as defined in s. 5 121.021(29)(c), provided that, while in such position, ~the 6 member remains certified as a law enforcement officer, 7 firefighter, ~rr correctional officer; emergency medical 8 technician, or paramedic; remains subject to reassignment at 9 any time to a position qualifying for special risk mermbership; 10 and completes an aggregate of 10 or more years of service as a I1 designated special risk member prior to retirement. 12 Section 3. The Legislature finds that a proper and 13 legitimate state purpose is served when employees and retirees 14 of the state and of its political subdivisions, and the 15 dependents, survivors, and beneficiaries of such employees and 16 retirees, are extended the basic protections afforded by 17 governmental retirement systems that provide fair and adequate !8 benefits and that are managed, administered, and funded in an 19 actuarially sound manner, as required by s. 14 of Art. X of 20 the State Constithtion and part VII of chapter 112 of the 21 Florida Statutes. Therefore, the Legislature hereby 22 determines and declares that the provisions of this act 23 fulfill an important state interest. 24 Section 4. This act shall take effect January 1, 1998. 25 26 27 28 29 30 31 5 CODING:Words ~-t~ are deletions; words underlined are~.:d~ki,_gion · ' B~ !2 H~23 H 0123 1998 SESSION DATE 08/05/97 TIME 11:18 PT~GE 1 GENERAL BILL/2ND ENG by Wasserman Schultz; (CO-SPONSORS) Heyman; Macke],; Saunders; Jacobs; Culp ~£R$/$pecial Risk Member; redefines term "special risk member"; adds to. Special Risk class of membership certain, emergency medical technicians & paramedics; provides legislative intent.'Amends 121.021,.0515. EFFECTIVE DATE: 01/01/1998. '. !2/!8/96 H Prefiled 01/09/97 H Referred to Governmental Operations (GRC); Finance & Taxation (FRC); General Government Appropriations 02/28/97 H On Committee agenda-- Governmental Operations (GRCI, 03/05/97, 3:30 pm, 413C 03/04/97 H Introduced, ref'erred to Governmental Operations (GRC); Finance & Taxation (FRC); General Government Appropriations -HJ 00056; On Committee agenda-- Governmental Operations (GRC), 03/05/97, 3'30 pm, 413C 03/05/97 H Comm. Action: Unanimously Favorable pfith 1 amendment(s) by Governmental Operations (GRC) -HJ 00176 03/07/97 H Now in Finance & Taxation (FRC) -HJ 00176 03/14/97 H On Committee agenda-- Finance & Taxation (FRC), 03/20/97, 3:15 pm, Morris Hall (Press Enter to Continue -OR- F9 for Hard Copy) ~. BH.~ ' H '012 SESSION ~PAGE'~'2 ~ 03/20/9 H lnanc~ 03/25/9 H. Now in ernmen '.~ons ~..--,04/01 / Wit .'04/,03 o4/1 ,: .. 04/1 0614 .! /25/ 05/02/97.S Upon:adjournmen ~rnmen ':" .: (Pres, 8 D1 +{ }+ represents underlined; words underlined are additions -{ ]- represents stricken; words stricken are deletions genate Bill sb0142~ Corresponding Bill information Bill as Printed 20-315-97 SB 142 A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.021, F.S.; redefining the term "special risk member"; amending s. 121.0515, F.S.; adding to the Special Risk Class of membership certain emergency medical technicians and paramedics; providing leglslative intent; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph ~c) is added to subsection (15) of section 121.02!, Florida Statutes, 1996 Supplement, to read: 8 121.021 Definitions.--The following words and phrases as used in this chapter have the respective meanings set forth unless a different meaning is plainly required by the context: (15) +{(c) Effective January 1, 1998, "special risk member" means a me~er of the Florida Retirement System who is designated as a special risk me~er by the division in accordance with so 121.0515. Such member must be employed as a law enforcement officer, a firefighter, a correctional officer, an emergency medical technician, or a paramedic and must mee~ certain other special criteria as set forth in s. !2! .0515.]~ Sect]cn 2. Subsections !11 and (2) and paragraph (a) of subsection (7) cf section !21.0515, Florida Statutes, are ~mended to read: 20-315-~7 SB [42 i21.05!5 Special risk mersership; criteria; designation and removal of classification; credits for past service and prior service; re:ention of special risk normal ~etirement date.-- (1) LEGiSLATiVE INTENT.--In creating the Special Risk Class cf membership within ~he Florida Ketlrement System, it is the intent and Ru~pose cf the Legislature to recognize that persons emp!o}'ed in certain categories of taw enforcement, firefightlng, -{and}- criminal detention+{, and emergency medical care}+ positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and m£.ntal acuity, and that such persons, because cf diminishing physical and mental faculties, may find that they are not able, without risk to the health and safety of themselves, the public, or their coworkers, to continue performing such duties and thus enjoy the full career an~ retirement benefits enjoyed by persons employed in other positions and that, if they find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age anJ usually with less service, they will suffer an economic deprivation therefrom. Therefore, as a means cf :ecogni~ing the peculiar and special problems of this class of employees, it is the intent and purpose of the Legislature to establish a class of retirement membership that awards more retirement credit per year cf ~;ervice than that awarded to other emplo}'ees; however, nothing contained herein shall require ineli.~ibility for special risk membership upon reachin~ age (2) CRiUERi~.--A member, ~o be designated as a special risk m.~er, most meet %he follcwin~ criserla: 20-]i5-97 SB 142 (a) The member mu~t be emr. loyed as a law ~.nforcement officer and be certified, or required to be certified, in compliance with s. 94].]g~5; howevor, sheriffs and elected police chiefs sh.~ll be exc!nded from meeting the certification requirements of this paragraph, in addition, the member's duties and responsibilities must include the pursuit, apprehension, and arrest of ]aw violators or suspected law vic!ators; cr the mom.bet must be an active member of a bc~b disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices; or the member must be the supervisor or co~nand officer of a member or members who have such responsibilizies; provided, however, administrative support personnel, including, but not limited to, those whose primary Juries and responsibilities are in accounting, p'::cnasin~, ]e$al, and personnel, shall not be included; (b) The member must be emplc}'ed as a firefighter and be certified, or required tc k~e certified, in compliance with s. 633.35 and be ~msloyed solely within the fire department of the employer or agency cf s~ate government. In addition, the member's duties and responsibilities must include on-the-scene fighting of fires or direct supervision of firefighting units, or the member must be the supervisor or co~mand officer of a member or members 'who have such responsibilities; provided, however, a~ministrative support personnel, including, but not limited tc, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall not be included; -{or}- (c) The member must be employed as a correctional cfficer and be certified, or required to be certified, in compliance with s. 943.1395. In addition, the member's 20-315-97 SB 142 primary duties and responsibilities must be the custody, and physical restr~in~ when necessary, of prisoners or inmates within a prison, jai], or other criminal detention facility, or while on wc~k detail cutside the facility, or while being transported; or the member must be the supervisor or command officer of a member or members who have such responsibilities; provi.Jed, however, administrative support personnel, including, bu~ not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall not be included; however, superintendents and assistant superintendents shall participate in the Special Risk Class+{; or)+-{.}- +{ (d) The member must be employed by a licensed Advance Life Support (ALS) or Basic Life Support (BLS) employer as an emergency medical technician or a paramedic and be certified in comp]lance with s. 401.27. In addition, the member's primary duties and ~esponsibilities must include on-the-scene emergency medical care. However, a~ministrative support personnel, including, but not limited to, those whose primary responsibilities are in accounting, purchasing, legal, and personnel, shall not be included, l+ (7) PETEI;TIOI; ~37' £~'ECIAI, PISK IIOP. HAI, PEq'I;~EMEHT 2AT K. - - (a) A speci,ll risk member who is moved or reassigned to a nonspecial risk law enforcement, firefighting, -{or)- cor:ectional+(, or emergency medical care!+ administrative support position with the same agency, or who is subsequently employed in such a position with any law enforcement, firefightJng, -.{or}- corr~ctional+{, cr emergency medical care}+ agency un~er the Elorida Retirement System, shall earn credit for su~:h ~;e:'~'ice at the same percentage rate as that =0-315-97 SB 142 earned by a regu!~r melter. :;otwithstanding the provisions of subsection (4), service in such an a ctm. inistrative support position shall, for purposes of s. 121.091, apply toward satisfaction of the special risk normal retirement date, as defir~ed in :.;. i21.021(29)(cl, l)reJvirl,.d th,~:, while in such position, the member remains certified as a law enforcement officer, firefighter, -{orl- correctional officer+{, emergency medical technic]an, or paramedic)+; remains subject to reassignment at any time tp a position qualifying [or special risk membership; an~ ~ ~ comp~e~es aa aggregate of 10 o~ more years of service as a designated special risk mer~er prior to retJ foment. Section 3. +(The Legislature finds that a proper and legitimate state purpose is served when emplcyees and retirees of the sta~e and of its political subdivisions, and the dependents, survivors, and beneficiaries of such employees and zetzrees, are e>:tended the basic protections afforded by governmental retirement systems that p~ovide fair and adequate benefits and ~kat are managed, administered, and funded in an actu~riaLiy sound masher, as required by Section 1~ of ;.rticle 2.[ of the State Cons%itt]t~cn and part '~'iI ~f chapter 112 of the E'lorida Stat'~Les. Therefore, the Lcgisl~]~ure determines and declares that the provisionr:: of this act fulfill an important state inte[es[. }+ Section 4. Tki3 act ..~h~ll take effect Jan,.:a[y 1, 1998. ~0-315-97 SB 142 Redefines the te:m "special risk member" for the purposes of the Florida ?etJrement ~ystem to include described merge, rs who are employed as emergency medical technicians or parame~irs. A~ds described emergency medical technicians and para~nedics to the Speci.:~l Risk Cla~s. FRS/Special P, isk Member Page 1 of l General Bill S142: FI/S/Special Risk Member ~ I'~ ; Corresponding Staff Analysis not available.at this time Corresponding Amendments not available at this time - GENERAL BILL by (Mst; (CO-SPONSORS) Campbell; Dudley (Identical 2ND ENG/Jjj~0J2~_) FRS/Special Risk Member; redefines term "special risk member"; adds to Special Risk Class of membership certain emergency medical technicians & ' paramedics: provides legislative intent. Amends 121 021..0515. [~F}:[~C'I'IVEDA'['I~ 01/01/1998 01/06/97 S Profiled 01/10/97 S Rct~rrcd to Governmental RcR~rm and Oversight; Community .Alt:airs; Ways and Means 03/04/97 S Introduced. retorted to Govcrnn~ental Reform and Oversight: Commurdtv Afl, irs. Ways and Mc:ms -SJ 00038 05/02/97 S Died in Committee cm Governmental Rei~rm and Oversight ST..\TtJT{:. C[T..VFIONS: CONSTITIFI'I()N CITATI()NS N() ('()NSTITUTION ('IT,VI'I()NS FOUNI) FOR R.F. QU}:.ST[:.I) SijILIF. CT INDEX: SI42 RF. TIREMENT Special Risk Correctional officers l!mergency medical technicians or paramedics Firefighters Law cnlbrccment otticcrs ~.~ ,.. IOA RESOI. UTION NO. 98-14 A RESOI,UTION CONFIRMING Tile APPOINTMENT OF GAll. DOI.AN TO TIlE EMERGENCY MEDICAl, SERVICES ADVISORY COUNSEl,. WtlEREAS, Collier County Ordinance No. 80-80 created thc Emergency Medical Services Advisory Council and provides that the Advisory Ccmncil shall be composed of eleven (I 1) regular members, three (3) ex-officio members and two (2) staff members; and WItEREAS, thc Board adopted Resolution No. 90-527 on October 30, 1990 which revised and updated the Emergency Medical Services Advisory Council's by-laws by providing that the Advisory Council include two members At l.arge; and WHEREAS. there is currenily a vacancy on this Council; anti WItEREAS, thc Board of('ounty Commissioners prcvi(msly provided public notice soliciting applications l?om intcrcstc(I parties; and WHEREAS, a recommendation for appointment was received from thc L:mcrgcncy Medical Services Advisory Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN]'Y COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that (:Jail Dolan is hcrcby confirmed for appointment to tile F. mcrgcncy Medical Services Advisory Council For thc remainder ol'tl~c vacant tcm~, said tc',rm expiring August 31, 1999. This Resolution adopted af'tcr motion, second and majority ,,'otc. DATED: .lanuarv 13, 1998 /\TTES'F: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, ('L[:.RK COI.I. IER COUNTY, FLORIDA BAR~AR~'B. BERRY'S, C}-tAX'L4.~ Approved as to Ibm~ and legal sufficiency: David C. Weigcl County Attorney AI)V Ill)/kn COLI,IER COUNTY FLORIDA REQUEST FOR I.EGAt, ADVERTISING OF PUBLIC ltEARINGS To: Clerk to the Board: Plea.~e place the following as a: [--1 Normal legal Ack'crtisemcnt .x Other: Sec Attached {Display Ack'.. location, etc. } Originating Dept./Day: Planning Services Person: Lee Lavne Date: 10/16/97 Petition No. {If none. glvc bricfdescrip{ion}: CP-97-04 Petitioner: {Name & Address): Brucc Andcrson Bob Duanc Young. VanAsscnderp & Varnadoc Hole. Montes & Assoc. 8t)l Laurel O'ak Dr. Suite 300 715 I0'~' St. S. Naples. Fl. 34 I:D8 Naples. FI. 34102 Name & Address of any pcr~nts} to bc notified by Clerk's Office: {If more space is needed, attach separate sheet) Drs. Manuel and Rog:ns Pcna 4081 TamJami Trail N. Suite 2o3. Naples. FI. 34102 and Frank & Olympc DuMars 541 Boone Road. Itoschton. GA 30548-1;,il.'1 Hearing before xx BCC BZA othcr~ P. cquested Hearing date: (Based on ack'ertiscmcnt aPPearing ..~da~ s bcforc hearing. Newspaper{s) to be used: (Complete only if important): x Naples Daily Nc~,s [] C~hcr [] Legally Required Proposed Text: (Include legal dcscriplion & common location & Size: Sec Attached Companion petition(si, if any & proposcd hcar:ng date: Docs Petition Fcc includc a~'crtising cost'.' xx Yes {-']' No If Yes. ~vhal account should be charged for ack'crtising costs: Ro icv,'ed bg.': Approved ~': Divas,on Head l ~t;t. Date '.:/,~";</~'/7 County Manager Date List Altachmenls: Legal Ad DISTRIBUTION INSTRUCTIONS A. For hearinR$ before BCe or BZA: lnitiatin~ person lo complete one copy and obtain Division Head approval before submitting to Count)' Manager. Note: If le.w~l document is involved, be sure that any necessary legal review, or request for siune, is submitted to Coonty Attorney before ~ubmittinR to County Manager. The Man:tRer's office will distribute copies: [] Count.,,, Manager agenda file: to [] Requesting Division [] Origin~ Clerk's Office B. Other hearings: Initiating Division head lo approve and s~bmit original to Clerk's Office. retaining a copy for file. t DatcReceivcd: t[<Jl.'''-.~ . DateofPublichcaring: ,) t ~ , ,'~'" DaleAa'verlised: I I'i ~'~ 541 12-30 10:37 O0° 01 ' 19 i 61J 569 1616 OK 068C~l:~D~AO~3 542 12-~ lB: 38 ~ 01 ' 35 92634864 0K ~~11 . ~: ELLIE HOFF~ ~~: ~r,r.~ ~ l? l. NOTICE OF SMALL SC~.LE AMENDMENT TO FUTLTRE L;~.ND USE ~ OF GROWTH ~GE~NT P~ Notice is r. erehy 'fz',,en -hat 5n 7UESL~AY, 3~NUARY 13, 1998 in ~e soar~i t;f l~>un~i','. .c~iss ,snot~ H~Elnq Room, .,~ : Center, 330! East Taz:iami Trati, Naples, Florida, the Board o[ County qcmmisst.oners wt!l consider the enactment of a Cu. unty "-,~,. ~,.nanr:e ..... "'he 'n,,et~ ng 'wil~' ~'~._ ~m.m~_nc~, _ aL 9:00 A.M. The title of the proposeo Ordinance is as follows: .r,.;j ~;P['iTM,~-'., .... AMRNhIIIG ~,RF~TNAr,JC[. ~9-05,. AS 'v:"',..:~.,~[.N[},. ?'OR THE 'ININCOBPO?ATED AREA F""P A :':HA!,!. :ViAl R ;..M['iHDMENT TO THE ...........:.' ..... jr, z- ' :.~:r,. :;.'6~i HAP ".:'... THE FUTUP. E ,,~:~ '~'r..~ USE Ri, EMS?iT OF COLLIER COUNTY'S GROWTH MANAGEHENT P~"uN BY ADDINGz~.3 .ACRES~ TO THE PiNE ~IDGE i NTERCH~GE ACTIVITY CEiJTER AND LIMITED TO MEDICAL USE ONLY; iY:' FPOV'D[~;G FOR SEVERABiLITY; ;~L' BY PP. OVIDiNG FOR AN EFFECTIVE DATE. The nurnose. -;:- ~_h,~.. hear;ng ;s ~'~.~., adopt an amendment to the Future [,and Use R:eme:'~2 HaD. This amendment is only for a :na~ chan,~e Lo The F!:l'.~re Land Use Klement et the County's Growth Managemenl Plan and is therefore a Small Scale Amendment. All interested ~art[~ are ;.nvited to appear and be heard. Copies of the proposes Resoiu[ion are available for ~nsr~ecticn ,',t '~'~ ~' :' :~ '~, n ...~ k' Office, 4 : ........... au t'/ .er s Floor, ................. ~, ,County OovernmenL c ,~ Navies, F]r;r;da; ant ~]" Comprehensive PLanning Sec~Lon, 2800 N. Horsesho(~ l.r:ve, Naples, Florida between ~he hours .:3f ~:00 A.M. ano 5:}0 P.M., Monday 5hrcugh Friday. Any questi, ens pert. aining t.e these documents should be directed 'c 5he r'~,~n~-:h~,~:~..,~~.~.,,.~. ~: ............. :'~anning Section Written co~ents filed wl[h ~he "!erk 2o ~he Board's Office prior ~o 2;:nuzry ~3 wl[~ be read and considered at 2he public hearing. ~f a person decides ~.o appea[ any decision made by the Board of County Co~issioners wi[h respect to any mat[er considered aL ~u(lh ;nc:.}tina c,r hearing, he will need a record of ~ha~ proceeding, and for such purpose he may need ~o ensure tihat n verba~i;n reco~d of the p~oceedings is made, ..... ,'~r ........ ][[ I ........ Ir .... Illll ................ ~ ...... ,~- 'which record includes the testimony and evidence upon which the appeal is 2o be based. BOARD OF COUNTY COr'~4ISSiONERS COLLIER COUNTY, FLORIDA TIMOTHY h. HA~COCK, C~IP2~ DWIGHT E. BROCK, CLERK By: /s/Sue BarbJ. eretti, Deputy Clerk (SEAL) / .:.~ ::. ~Z'AZ SO: (9~.1) ~74-84o8 I-H~],~K ~0: (9'111 ?74--8405 NO. DATE ST. TIME TOTAL TIME ABBF'I ID 5TATIJS UPGS DEPT CODE COMM. CODE : 4~9 18-23 89:25 08°81'52 92634864 OK 3 068C888808008A1A ,~10 18-23 89:28 00°02'01 9763486~ OK 3 068C008800008A28 ~11 18-23 lO:~d 00°08 28 9~1 775 ~_5, OK 6 868800800000A219 412 1~-23 15:44 00°~1'57 92654864 OK 3 068C008000008A10 413 10-23 15:50 00°~3'35 ~2634864 OK 6 068C00800000~A14 414 10-24 16:31 00°~3'18 92634864 OK 5 068C008000008A12 TOTAL ~PGS 26 EXH1BHIT 6 TRACT L- I PUD p~ ~RA~ L-2 SC~ff: l '=~00' (CO~RCIAL) PI~£ ROAO EXT. CA. 81a6 PUD ¢" ~ E ~-- 10TH AVE. S,W. b.J ~ ,. ~21~ AVE. PUD = 4.42 Ac.± 500' RADIUS F-ROM PROPERTY SINGIF FAMILY ESTATES = 9.44 Ac.± BOUNDARY 25.75 ~w. = ~.~ ~c.~ ~'~ ~-~ ~~~~~~~ MEDICAl CENTE ~'": - R November i8, i99'/ [~oard of County C,~mmissioners Public i!ea r; nc ~vertz sin~ Re~ir~ents P'~ea:-:e ~ub!~sh the fo~ [cwlng Adver~ise:nen~ and Hap on Tuesday, No~'~er 11, 1997, and furnish proof.' of publization to the ComDrehenszve ?]arming SecEion, 2800 Ncrth Horseshoe Drive, ~Iar;ic,,:- ~r)ri,.ta ~'~942 The advertisemen~ should be no [ess 2hah 2 cotumns wide by l0 inches long and the headline [n the a~vertisemen[ should be in a type no sma[ier than 18 point. The adver[isement should not be placed in that portion of zhe newspaper where legal nozices and ci. assif~ed n'Jvertisements appear. October 24, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of intent to consider Petition CP-97-04 Dear Judi: Please publish the following advertisement and map one time on Tuesday, January 6, 1998. The advertisement should be no less than 2 columns wide by 10 inches long and the headline in the advertisement should be in a type no smaller than 18 point. The advertismen~ should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 111-138317-649100 (Long Range Planning Dept.) October 24, 1997 Mr. Bruce Anderson Young, van Assenderp & Varnadoe 801 Laurel Oak Dr., Suite 300 Naples, FL 34108 RE: Notice to Intent to consider Petition CP-97-04 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~nissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday January 6, 1998. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Robert L. Duane Drs. Manuel and Regina Pena Frank & Olympe DuMars October 24, 1997 Mr. Robert Duane Hole, Montes & Assoc. 715 10th Street South Naples, FL 34102 RE: Notice to Intent to consider Petition CP-97-04 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County CoK~issioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday January 6, 1998. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Bruce Anderson Drs. Manuel and Regina Pena Frank & Olympe DuMars October 24, 1997 Drs. Manuel and Regina Pena 4081 Tamiami Trail North, Suite 203 Naples, FL 34102 RE: Notice to Intent to consider Petition CP-97-04 Dear Petitioner: Please be advised ~hat the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday January 6, 1998. You are invited to attend this public hearing. Sincerely, £'~ Barbiretti, Deputy Clerk Enct. cc: Bruce Anderson Robert Duane Frank & Olympe DuMars October 24, 1997 Frank & Olympe DuMars 541 Boone Road Hoschton, GA 30542-1813 RE: Notice to Intent to consider Petition CP-97-04 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~=missioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday January 6, 1998. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk En c 1. cc: Bruce Anderson Robert Duane Drs. Manuel and Regina Pena NOTICE Of SMALLJ SCALE AMENDMENT TO FUTURE LAND USE MAP OF GROWTH MANAGEMENT PLAN ';OI,Ce ~S hete'~y ~,p,,~.n Inal or' T U[ F~rDA'¢. JAI'4UARY 13, I C-~9,F~ ,n the [~(-~,~r'J of County Center. 330~ [.asl l'~m,an~ Tf~jl, t.l~pl&'s, FIo'PJ.]. lJ~e BO.~rd of County C. om,m',s~oners AN ORO NA'~SE AM~O~ff~G ORDINANCE 8g-05. AS AME'IO~O, FOR PROVIOING :ORA SM, ALL SCAL~ AMENDMENT TO THE FUTURE LAND ~;.'i.~'/ .. '" USE MAP OF THE FLJTgPE ~g uSE ELEMENT OF COLLIER COUNTY'S GRO'~TH MANAGEMENT Pi_A~ ~Y ADO;NO 2 3 ACRES TO THE pINE P'~G[ iN~E~,~;,~,$E',AF'T~V;TY CENT~ AND LI~ITED TO MEDICAL .~ ,~/'~ FOR At4 EFrECTIv[ [)~4l. The purpOSe O~ the ~e~'~',~ ~s t~ a~¢,Dl an 4mendment to lhe Fuh~¢O L~nd Use C~ement Map ..... Th~s amandmem S On,y fO~ a mag charade I0 the ~uJure L~nO Use E~ement of the County's C~o,wtr: Ma~ge'nenl H~an and ,~, lr.e~efr)re a ~na'3 ~a~e Amendment I; Horseshoe g'r,,e, b~aple,,, rlcpd~ between 1~e hours of 800 A M and 5'00 P M , MoHday CCLL~LR COUNT ¢, r)W1GHT E. BROCK. CLEPK ~ (-~-~(~' w270223 EXH[BII~T TRACT L-~ PUD vl',~ EY A/~OS TRACT F O~ m AC"r ~--2 PUD SCA. f, fi: I "=50 (COMMERCIAL) I/~) I~ ~ PUD ;, / E 101~ AV~. $.W. ~ L.L.J '" ~ PUD = 4.42 Ac.'+ 500' RADIUS ~ FROM PROPERTY ~ ~, SINGLE FAMILY ESTATES = 9.44 Ac.+ BOUNDARY 23.75 2.3.75 Ac.-*- '- R.O.W. = 7.74 Ac.+ Z ORDINANCE 97 - AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA. BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 2 3 ACRES TO THE PINE RIDGE INTERCHANGE ACTIVITY CENTER AND LIMITED TO MEDICAL USE ONLY BY PROVIDING FOR SEVER. ABiLiTY; AND BY FROVIDING FOR AN EFFECTIVE DATE WHEREAS. the Board ot County Comn'uss~oners a'Jopled the Collier County Growth Management Plan on January 10. 1989. and WHEREAS. ~he property ownem of 2 3 acres of land have subm~ed a request to amend Ihe Fulure Land Use Map o1' the Fulure Land Use E!ement of the Ct)lher County Growlh Managemenl Plan: and Wt~EREAS. lhe request is tot a Fulure Land Use Map change limrhng Ihe use Io medical use only. and ~t ~nvolves Jess than Io acres of land; and WHEREAS the amendment does nol involve a change to any Gl the Goals. Object~ves. or Pohc~es of Ihe Plan: and WHEREAS, pursuanl Io Subsection 163 3187(1){c). Florida Statutes. this amendment ~s cons~ered a Small Scale Amendment; and V'/HEREAS all applic.able substantive and procedural reqmremenls of law have been met: and NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of CoIher County. Florida SECTION ONE ADOPTION OF THE AMENDED FUTURE LAND USE ELEMENT MAP Th~s Ordinance as described hereto shall be known as the 1997 Small Scale Amendment lot Ihe Fulure Land Use Map of lhe Fulure Land Use Elemenl o¢ Collier County's Growlh Managemenl Plan The Amendment. atlached hereto and ~ncorporated hereto by reference as Exh~bd A establishes the amended Fulure Land Use Map as a componenl o! the Fulure Land Us~? Element. an ~nd~v*dual Elemenl ol Colher Counly's Growth Management Plan SECTION TWO SEVERABILITY It any phrase or port~on ot Ih~s Ordinance is held mvahd or unconstdutional by any courl of cornpetenl jurisdiction, such porlion shall De deemed a separate, distinct and independent prows~on and such holding shall nol affect Ihe vahdity of the remaimng porbon. SECTION THREE: EFFECTIVE DATE Th~s Small Scate Amendment shall not become effective unlil 31 days afler adoption. If challenged wdhin 30 days afler adoption, this Small Scale Amendmenl shall not become effectwe ,,ntit Ihe State Land Planmng Agency or Ihe Administration Commission, respectively, ~ssues a final order delermmmg the adopted Small Scale Development Amendment is in corno{~anc~ !P. I PASSED AND DULY ADOPTED by the Board of County Commissioners of Colher Counly, Florida, this dry of . 1997 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: DWIGHT E. BROCK. CLERK TIMOTHY L. HANCOCK. CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ(1:~RIE M STUDENT ASSISTANT COUNTY ATTORNEY CP-97.04 ORDINANCE ORDINANCE 97 - AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 2.3 ACRES TO THE PINE RIDGE INTERCHANGE ACTIVITY CENTER AND LIMITED TO MEDICAL USE ONLYi BY PROVIDING FOR SEVERABILITY: AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board o¢ Counly Commissioners adopled the Collier County Growth Management Plan on January 10. 1989: and WHEREAS. Ihe property owners of 2,3 acres of land have submitted a request to amend lhe Fulure Land Use Map of lhe Fulure Land Use Element of the Collier County Grow'th Managemenl Plan: and WHEREAS. Ihe requesl is for a Fulure Land Use Map change limiling the use fo medical use only. and ,t involves less than 10 acres of land: and WHEREAS, lhe amendmenl does riel involve a change to any of ihe Goals. Objectives. or Polioes of Ihe Plan: and WHEREAS. pursuanl Io Subsection 163.3187(1)(c), Florida Slalules. Ibis amendmenl is considered a Small Scale Amendment; and WHEREAS, all applicable subslanlive and procedural requirements of law have been mel: and NOW. THEREFORE BE IT ORDAINED by Ihe Board of Courtly Commissioners of Collier Counly, Florida; SECTION ONE: ADOPTION OF THE AMENDED FUTURE LAND USE ELEMENT MAP This O~dinance as described herein shall be known as lhe 1997 Small Scale Amendment for Ihe Future Land Use Map of Ihe Future Land Use Elemenl of Collie~ County's Growth Managemenl Plan. The Amendment, allached hereto and incorporated herein by reference as Exhibit A. eslablishes the amended Fuh~re Land Use Map as a componenl of the Future Land Use Element. an individual Element of Collier Counly's Growth Management Plan. SECTION TWO: SEVERABILITY If any phrase or portion of lhis Ordinance is held invalid or unconstitutional by any court of cornpelenl jurisdiction, such portion shall be deemed a separate, distinct and independenl provision and such holding shall not affect the validity of lhe remaining podion. SECTION THREE: EFFECTIVE DATE This Small Scale Amendmenl shall not becorne effective unlil 31 Xays after adoption. If challenged within 30 days after adoution. Ibis Small Scale Amendment shall not become effective untd the State Land Planning Agency or the Administration Commission, respectively. issues a final order delermining Ihe adopled Small Scale Developmenl Amendment is in compliance ].2A1 "'" PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. lhis day of , 1997 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: ' K OWlGHT E BROCK, C,..ER . TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ(~RIE M. STUDENT ASSISTANT COUNTY ATTORNEY CP-97-04 ORDINANCE I I I COMPREIIENSIVE Pl.,AN AMENDMENT I PETITION NO. CP-97-4 'l ZONING AMENDMENT PETITION NO. R-97-2 PETITIONER'S EXItlBIT BOOK COI,I,IER COUNTY BOARD OF COUNTY COMMISSIONERS HEARING I .JANUARY 13, 1998 ! ! I Prepared By: i R. Bruce Anderson, Esq. Young. van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 i Naples, Florida 34108 (941) 597-2814 ! ! I EXIIIBIT LIST I 1. C(~lorcd site plan. I 2. Copy of Plat of Subject Lz~t P, cfl~rc Taking (Tract 41. Unit 33. Golden Gate Estates) 3. Affidavit of present owners. Frank 1t. DuMars and Olympe C. DuMars. as to lack market demand for residential use. 4. Napa Boulevard and Pine Ridge Road Agreement. I ! I I ! ! I I I ! I I I I '1 PENA MEDIC, AL GENTLER ..... 12A 1 Affidavit We, Frank 1t. & Olympe C. Dt,Mars, as resident(s) of Hoschton, Georgia,U.S.A.. are owners of the following parcel/of land in Collier County, Florida, described as: Tract .4 I, Unit 33, Golden (}ate Estates, recorded in Plat Book fl7, Page//60 of the Public Records of Collier Cotmty, Florida Wc do attest that thc above described land has been tbr sale since 1985, at times listed with and/or unsolicited offers received through the following real estate brokers/agents: 1984-1985 from Clyde C.Quinby Realty, Inc. - (convenience store use) 1986 from John R. Wood & Assoc.,Inc. (Southland Corp.) 1988 from Mcfadden & Sprowls,lnc. - (Amoco Oil Co.) 1993 unsolicited offer from The Naples Players, lac There have been no written offers for residential use for this property, and inquiries for residential use have never developed into written offers. We have not been able to consummate a sale for residential use on the above described land due to the following circumstances which have affected our ability to sell the land: (a) A clinic is planned for the parcel to the west of our land; (b) Our land is located on a corner that is not suitable for a residence; (c) The Vineyards commercial P.UD. is located to the north of our land; We certify and attest that the information contained herein is true and correct to the best of our knowledge as owners of the above described land as of this date, the 3rd day of February, 1997. '-~" ,,-' '" "5~:-' s Witness: ,01ympe C. DuMars State of Florida )( Counly of Collier )( The foregoing instrument was acknowledged before me, this 1997, by Frank H. & O13qnpe C.DuMars, who are personally known to ,ne. · - , '~ , , ,~,,~,w.,,,'~'. ................ "'"'~'"'" ............. '> - ,~ '/'/'/'": - ~ ,' ~*:'"~,.4';',qma,vPub,,~,'-;ratc,,f}'l,'mta ',~ Notary Public, State of Florida !', ",om ,:~.c-, ............. ~,,,~,,'- ~"~ ~'' ':t Printed Name: ,' , ;, ,,,: ,,' , EXECUTIVE SUMMARY i APl'ROVE AN' AGREEMENT BETWEEN TIlE BOARD OF COUNTY COMMISIONERS ,,',,ND A LANDOWNERS' GROUP FOR IMPROVEMENTS TO TIlE PINE RIDGE ROAD/I-75 AREA.'7. ., .' Oi~JECTIVE: Gain Board approval ora Joint Participatior~ .Agreement between the I County and several landowners in the vicinity of Pine Ridge Road and 1-75 for improvements to thc 1-75 northbound off-ramp and the adjacent traffic signal system. CONSIDERAT]ONS: On Jul)' 25, 1995, the Board authorized ar~ anmndmcnt to the Pine .. Ridge Road six-lane design contract with CIt2M-ttiI1, tile county's consultant for tile. project (Agenda Item 16B2, Attachment No. I ). Thc amendment was for thc purpose of I reviewing modifications to thc 1-75/Pin¢ Ridge Road interchange area to resolve potential crmflicts with thc access to lands adjacent to the Napa Boulcvard/1-75/Pinc Ridge Road i .,\ctivity Center area. Thc results of that stud)' indicated that modifications could b~ made to thc 1-75 ramp area and that Napa Boulevard/Pine Ridge Road intersection could be brought under signal con/roi to facilitate traffic flow and access as a consequence of . I ,Jevclopm,ent., in. lhc area. '..,..._ '"'"" i J i:" :' ' '"" " . · ' ."."5.., - , ,., -','.':'):~'.. ., :. · . The ·Cleveland' "' '"" Clinic (CI 1 d ~ ."_.c ye.an_", h~s entered into an agreement'-Attachment( N-"o.2)-- : ' :' '. i) with thc developers of the Vineyards PUD ("Vineyards") to acquire about 37 acres of ' land located in the northeast quadrant of the Pine R/dge Road/I-75 intersection. As a' consequence of this agreement, and to ~;atisf}' the need to provide adequate traffic flow .. and traffici control for this new facitit~", sc~:eral of the adjacent landowners approached the -.. County to enter into ~ agreem, ent to share the costs of necessar-y improvements. These improvements include a modification to the northbound 1-75 off-ramp and traffic signal i upgradds thc intersection. In additi6n, lanes and other'main line improvements will '" ' · · at turn .,' 221. 't.-~.; bc ncccssaD' to accommodate thc traffic impacts of tile proposed Cleveland Chine; ,'. ~ . I '.": "'.'.; ".:, '.,, '.~'.,~:- ~.',~: ',',~-' ::','a ':' ', ,-': ,'.'=',.'. ,. ' '.:.,.;i,,-'".;'. :..,.,<t,;',,.':'.] ;'~,:~,-.' a-r~r.~-',"~ ",.'. An engmccnng study, as cited above, has been performed in conjunction with the s~x-.i~.-. :.',; ;5. . i lane design of Pine Ridge P. oad (CIE No. 041, Project No. 6011 t'}. The results of this '"' ::.:::7., analysis indicats that the tl-affic row'can be accomrriodated by reconfiguring the'i':'_:.' .... ' , ' presently frc~'-flo,.ving t'raffic from thc northbound 1-75 off-romp so that it comes under..' I ,? control of thc cxistir~g slgnal. Minor modifications'would also be neces.~'a.r:y for the signM ::' ~':' ! ' Sinc,', the'modificatior~s will be perfon':rYed as part of the Pirie Ridge Road six-lane::, i-": · : ' improvements, the study further determined that a fair share contribution among all the:' ....~:e.-,. I",~ 5i"' .('~ '.'parties affected, Cleveland, Vin6yards, the County, and a fourth party, Crossroads :";::~?- "'"'~ :'" : ,: ~.;:'~ ' --. Market, Ida. ( t. rossr~ads ), would bean equitable distriguti6n ofthe costs.; ?':~.-".". :.z; "".: ~.,..~ · . ~.,..'- : ' .., .' ;-:-,[~:~4..~,' ;:'. "5 "&':'c':~/:'},;.*.4':q ' .~'- :.,'~: .'. ~ -. ':' , .;..' '.i. SE*' .:J.~".. · .~ .. ~:~ ',~ :.. -."" ,.t--~<-..;~ .... . .... ., ..~,,F'~- .,¥ .,, ,~ .i"- ..., ....... ~. v, .- . '.'1"," · - · "'- ' - .~. , ' ,,'-- ,', ~'~ ' '. / · - . : 'r. ' "'' ' ~' .'; > ..'-'~'"5't".'.*'' , .' '' '- ''' ' ;~i'~' "- '' '¢ ~'*,.'. ~.,'~- ' ' '.' - ' ; -''4"''~ .,,~.I..,.'~. d" .... ,..~k-.:...,,,y;'~.:/'. ~'"'-",' "-' ""' .*x'' "..'.' ' -~.'J~.:u ;' iv:':",- ~':' "' ':'.' '' "';'"-;<,~,'--,- ,',;,, :;:'.: . ." ,, '.,' .'-,.,,:"'.~. ,." .~ :.':.,$-.:' ,, ',;" ~"',~.,..::,':';" ,, .,r.~, .'..7~'.. ' '; ; · ."':"::' ',.'..';' ' : · '.,.','.,?"'. ....:' ~',o'.',~." . ' %,. · ~;4. ,,..' - ~.~ .$ -,¢.,,'"...~.-:... · ~- ., , i" .,m..... · · t "... '- ...t: ' ,, ?/ ~I~., , .... .' - .... ',',' -~.~, .... 'i', ~'-'.,, ,- · ~J::. ¢ :" '~".', i" .' :'. ~','s." '.:.i ,.' -'~,."'5"~':' "::,"}:/' "' ,..'.; ,'i~,,'.',,' ...... ' ,",' .~'. -~-',;:~" .... .t:~,~":'}-.,t-"/~., '. · ,'.. ' · ~ -" ~. '_..:.;'_L~ . ,/..,,'~ '.t:., '4", ;:-;' ;~, ,':.' :.'-q ....'.~:-.~.?~' ~..'~ -:'-. , tt,~ .'.,- (,..:t-.... -. .,,. ,"0..&'l?,. :.",o .-:,: '?,~C" ~' r"-----rT... :~-' ..~ ,,.'~' ...... .'.,'~.~'~'.: ,,)"., '.', ,' ' ,,.' ' ;- . ~.'.. ; ', '; 'h.'. '' ' "9¥~"1J- ..'. ,.'..c~ . ;., .~..., I. .' '~//'.0,¥..~/ : ?'~" ." ~.,,r' -*, :.'.¥.,FLy,,,;,7;..'~,'; ..'",,,,~' .: ;, . ,- -:-, ' .<' ,'.'.; .....,' ~,' .,,',,..;4-..~., .... '.,t: ;. . *,, t,, ~ :. ~,?'~',4;f';',,".:' '~-'1 ,. ~..,'~?,,t,-a;,,'~:,....? .... ~-~.,?,~.. ~.',x,,~'~..," ~ :. i'.';~.t.:~.:' '~' i 'V~/~:F'.',':,','.. , "'~;'.i;,~i,/:,-, n' ':., ," [~.,':',;-. '. ,',. '~" . ":'4.74_~,~'.."*.,;.:~ r;'.;'."~ '~l.'e.2~,['~'.;~.':,'..t.~...'t,~.:'.:',,:'~:.';,.~.:,:"tt"~i*i,,*.,.' '.' :' .',F..'"r,:".',',';'.tV;.;., ':'-'."t~:¢-"'?" ~¢:,~.',".':'. ~::' It'.ti F' r~ ,",'4 . .. ,,', t',' .~ ' ' ' '.: '*' ', *, .'~"''" .v. ,'". '%, *. ',:... '.~: J ', ...... ,/,, ' "'".' .;' - .-1, '.,,'. :i~ ;,~ 7 . -'~, ' ", .... -' ' · :.V'...:~:.~;z'~,,:'::~",.';.3~"~;':'::,,. '!,~,'..:?.'.'~.~' .:,", ;',;~.~'..',..:".'.'::'...; '-'~". :.,,t:,,,... .; ~..~ ., : ..,.:....;: .;. ~.~:.... i~:~i;.:;..,~,.~.~..~. · .,-,.~.,.~,,. .,, ' , ~, ~..,C~?l},' ,, .... . · ' -" '~, ~ ",,~,o' ....... ~ . , · ;-.-,,' , -' ,,, - ~ ';-;' I , ." ".-~.'.'.' I -.v. ..... ' .,~t: ..... ,..' .,. t~.,..,,,.., . . - ,. '.: . ,, :._ . ,: ,. ., .. [ ~.~...:2 ..... ''~ · 7 .' - ~'"."- ' '" : - . '!' " · . '' .'~ " .-,- .'.' ' Executive Summary -~- ~ ,~, .: AI'Iq~,OVE AN AGRI~I~MENT FOR TItI~ PINE RII)GE ROAD/I-75 AREA FISCAL I~IPACT: E~c total cds~ are estimated to be $70,926. ~e fair shoe - comribufion of thc panics h~ been determined be 1/3 Collier County ~d 2/3 the to omer flwec panics. ~ese Cost shares are ~ follows: '. · CollicrCounty , 1/3 $23,642.08 Lando~crs ~" 2/3' . $47,283.92 · . : Cleveland Share $23 642 08 Viney~ds Sh~e'~',.~ $11',821~04 ' . '. · CrossroadsSbare ' $11,821 04 ,' . ." - Funds arc availagle in Fund 331-163650-763100-60111. Construction is presently Impact Fee District 1 Fund 331-163650, t;orth scheduled for FY 2000.' (Road G o H I~P~CT: ~c proposed improvcmenu ~c consistent ' Tr~spo~ation Sub-clement of the Gro~h Management Pl~.. with the RdCO~END~IdN~ Ap;;o;e'~he Agreement.. be;,(:ee'n ~e Co'~t) l~do~mers and provide direction to staff to implement the provisio~ of E~e Agreement. -'-"' ..... '.'"' .: ." '-'",',' ' '' , ...... . ..... ..~ "-';' ,, 1~ ~ ~ ' I I NAI'A II()UIA.]V/\I~ll), I'INE l,lll)(;l.; 2 A(; 1{ E I.; M ENT 3 5 TI tls A(iI{fiEM[{N'I'. made and entered into this day of I 6 I998. by and between Vineyards l)cvelopmcnt Co~oration, hereinafter called 7 "VINI~YARDS", Cleveland Clinic Florida (a non-profit co~oralion, as mt'ncr of Parcel B 8 shmvn on l(xhibil I~. hcrcinahcr called "CI.EVIiI.ANI)-N.E.", Crossroads Market. Inc.. ~ 9 hcrcin:~ftcr called "CRON%I(OAI)N", Cleveland Clinic Florida (a non-profit co~oration) as q0 ~m,'ncr of l'arccl I3 shnwn on [':xhibit B, hcrcin:~ftcr called "CI.ILVEI.AND-S.E,". and Collier ~ ~ ('ounty. a political subdivision off thc State of Fh~rida. hereinafter called thc "COUNTY". 12 ' '"' ' ". .I'LVEI.ANI)-N.K.. CRONSROAI)N and CL[x~ hI.AND-S.I:, nmv 13 hcrdnalicr bc collectively r~fc~cd to as thc "LANDOWNERS" 14 i 15 ~VIISESSEIII 17 WHEREA5, thc COUNTY has engaged an engineering consultant to pcrfoma a 18 comprehensive engineering evaluation and traffic assessment study ofthc Pine Ridge Road, ~ 19 Napa Boulevard and 1-75 intersection areas, thc findings ofwhich study are in Exhibit A and 20 call for modifications to the 1-75 northbound off-ramp at Pine Ridge Road (thc "PROJECT"), 21 more fully dcscriked in Exhibit "C" attached hcrcto and made a p~ hereof, and which ~ 22 improvements ',viii benefi~ thc CO~TY ~d the LANDOWNERS whose benefiting 23 properties arc as sho~a on Exhibit "B" atlached h~rdo and made a pa~ hereof; and 24 WHEREAS, thc COUNTY and the LANDOWNERS hereby agree to a joint I ~ 25 sponsorship of thc said PROJECT to meet the desired objectives of safe traffic movement ........ i Page I of 5 / 1 frOlll ~orlhb~nlIld 1-75 Io ea~lb(ltlrld Pille Ridge Road while allowing lbr mmhbound 2 movemcnt~ from Pin~ l(idgc Road onto Napa Boulcvard; and 3 k t II:KI:.,,X~. thc C()UNTY and thc I.,,XNiDOWNEI(S. in consideration ofd~c mutual I 4 bcncfils m each entity and to thc public, do hereby agree to shoe in the estimated 570.926.25 5 cost lk, r thc I't(()JILC'I', which cost estimate includes 25% for contingency..'-;aid cost 6 estimates arc more fully documented in Exhibit "C" attached hereto and made a part hcrct,f. ~ 7 Thc COUNTY will contribute an estimated sum of $23,642.08 (33 1/3%). 8 I..,XNI)()kk'NI'[tLN will cac}~ ctmtributc an estimated sum of S11,g21.04 (16 2,'3% each): and I 10 contractors nz'ccs:~arv for thc co:nplction of Ibc I'I{()JECT will be selected in compliance I 11 with all applicablc 5~atc. l.ocat and Federal laws and regulations. 12 I 13 N()W. ]'l lltId.:f' .)ix.:. based upon thc mutual covenants herein and other valuable ~ 14 consideralion thc panics agree as 15 I. The above recitals arc tree and correct and inco¢orated herein. 16 2. The COUNTY agrees to pay an estimated sum of 223,64_.08 (33 I/3%). ~ 17 3. VINEYARDS agrees to pay an estimated sum orS11,821.04 (16 2/3%). I ~lD /0]. 18 4. CLEVELAND-N.E. agrees to pay an estimated sum orS11,821.04 (16 19 5. CROSSROADS agrees to pay an estimated sum ors11,821.04 (16 2/3%). ~ 20 6. CLEVELAND-S.E. agrees to pay~ estimated sum of$11,821.04 (16 2/3%). 2~ '/. ~2~c estimated cost of~e design, permitting and construction for the 22 PROJECT, including 25% for contingency, is $70,926.25. Upon execution of 23 this Agreement, the LANDOWNERS shall each pay to the CO~TY ~ ~....j ~, ',. ,.~ , 1 am,,tmt cqu;ll t,, $'¢.').IIL15. a sum equal t,, 33 I/3% ofcach share 2 estimate. All nmncvs shall bc deposited wilh thc CO[YNTY prior lo thc 3 i~suancc of a notice to proceed lo the &sign consultant. ~ 4 8. 15pon c~,mplc~ion and acceptance bv thc COUNTY of the design plans, thc 5 I.ANI)()WNt:I.,. shall cach pav to thc COlINTY an amount equal to ~, > ~o of each share of thc estimated cost of thc 6 57.S8(I.6 ~. a sum equal lo 66 ~/~o, ~ 7 c~nstructinn w~,rk necessary for thc I'ROJI(CT. All moneys shall be deposited I 8 x,.ith Iht ('/)1 ;N'I'Y pri{~r t,~ thc i:;suancc ora nolicc to proceed to thc I 10 '1. Thc ('( 1~ :NI'Y will conlract with thc consuhant and with tt~c consm~ction I 11 contractor in accordance with fl~c COUNTY's purchasing policy, standard 12 county procedures and all applicable State and Federal laws and regulations. 13 Thc COUNTY shall bc solcly responsible for monitoring thc pcrfom~m~cc of ~ ~4 anv coasult:mts and construction contractors hired for the PROJECT ~d for 15 making paymcms to same. The LANDOWNERS stroll not have ~y 16 obligations to fl~c consultants or const~ction contractors nor shall they be ~ 17 parties to thc contract between thc COUNTY and the consultants or 18 construction contractors. Thc LANDO~kWERS sole obligation will be to 19 make payments to the COUNTY as set fo~h in this Agreement. I 20 10. Any additional funds required to complete the PROJECT, should the need for ~ 21 such additional funds become evident based on the resulB of the construction 22 bids, shall bc deposited by the LANDOWNERS with the COUNTY prior to 23 the execution of the const~ction contract. - ..... Page 3 of 5 ~ ~." 1 Il. .'<,h~n.,ld thc iIccd for additional fimds become evident during thc course of 2 c~m:;tructim~ dm: t~ either ch:raged cm.Jitions, changes in thc :;c(~Dc of work 3 additimufl work made ncccssaD' it, complete the I'ROJI~CT in accordance with 4 thc clesi~n intent, suct~ funds shall bc thc I.AND()WNERS deposited by with 5 thc (;()IJN'I'T within five working days of written notice by thc (~()(JNTY to 6 thz 7 ] 2. [ '[',,m c(~mplct~,n (,I IJK' I'I<OJI!CT any execs'., ]und:, rcnlai~lJrlg in thc 8 ['i".()JlL("i ;IL'Ct)LI:~[ 5}~;,11 [~C returned t(, thc I.ANI)C~WNI{ILg in proportion to g tt~cir respective ~i~arcs. 10 13. .All rzp ~;t', pl;~n:; and other w~rk product prepared fi~r thc I'IU)JECT shall be 11 thz propurty tfl thc C ()UNTY 12 14. 'l'hi~; A~rccmcm can bc terminated by muxual agreement of ail panics and 13 :d~;xll hc rcco;'dcd in the Official Public Records of Collier County. 14 15 15. Thc COUNTY canfirms to the LANDOWNERS that join~ sponsorship of the 16 Project docs not include the Pine Ridge Road vvidening referred to in the stud.',,' 17 a,'tached as Exhibit "A" and that the LANDOWNERS will not be obligated to 18 share in such road widening costs. LANDOWNERS acknowledge that the 19 COLINTY will request their cooperation in providing an)' right-of-way necessa.D' 20 to accommodate thc additional widening made necessary by the dual left turn 21 configuration at Napa Boulevard. 22 j ...... -. Page 4 of 5 ~" .... I IN WI I'NI{%S WI II':PlI:.( )1". lilt_' Imf'lies Ilcrclo have caused this cxcc~Icd i~l d~llqiC',~lc bv Ihcir l'm~pcr ~l'l'~cials m' ol'l~ccrs, dui>' auth()rizcd al'lixt:d ll~.'ir seals Ibc day alld ,,'em' lirst alx),,'c written. I I bli clt,~,. I I'r,,~'.~,',' i 'l >'pod N;llllC I ,,\ I'l I'i,'q'l ' ('I.l{\:t{I..,'sNI) ('I.INI(' I"1 .( )RII ),.\ .......................... - TyI'~cd Nmn,: ~:~r~.t/~ A<.1~i,'~r' .<,ignalurc and Title of Signing ~)l'liccr Il,hr-fy K. Noon, Ct'~i_of OpSs.~'~n5t r Typed N'amc[~jqal J~ r.~.'.~-kle ~4~m)tt}rc and Titlc of Signing ()filter I .... A']71'I.~S'I': fP.).,'xRI) r)I: ('()t ~N'I'Y (/()MMISSI()NI~RS '-' '. · ('()I.I,II{R ('()I~N'I'Y, FI.()RIDA , 5"". l)~0~htli, l~r,,ck.C'Kl!RK "' x.5 5 - ('hairman ' ' ' / :/:5)2 I.l~(;AI. SIIKFI(:IIiNC'Y: {'oilier ('ounlv Allorncv 1~I~l.l~I7,.{ i:~l{I Id-75-Napa-I'inc Ridge Ag~ccmcnl-~ ilh co,l:, doc Page 5 o1'5 IN \VII'NF. SS \VI ti~l~.l{()[:, the partic:i hereto have caul, cd thi~i instrument lo be cxcctncd in duplicate by their proper officials or officers, duly authorized so to do, and have their seals thc day and year first above x~Zittcn. ,\TI'I.!ST: VINEYARDS [)ILVELOP,XIENT CORPOIL.\TION L%rpor:uc Stere;ar>' ,~1ichc[ A. Saadeh, [ rc'Adcnt E, cF.,.~ y.;chae 1 Procacci Typed Name ('l ]:VF[ ,,\NI) ('I. INIC FLORIDA 1 )'pod: 'amc .sard'~'~. A.'-3'uia: qi~nature and Title of Sicnin~ Officer ~rry, K. Ft:on, Chief Op~_rat=~ b~zzcer Alq'}iST: CROSSROADS M:\RKEII~, INC. · ' // Richard J. Baker, V.P. .,\]-TESI: BOAILD OF COUNTY COMMISSIONERS COLLIER COUNTY; FLOPdDA BY: D,',,uht E. Brc, ck, CLERK Timothy L. liancock, Chairman '< APPROVED AS TO FORaM AND LEGAL SUF}:ICIENCY: DAVID C WZOEL Collier County Attorney 09049?/G:kF..D\l-75-N-~p~-Pin¢ RidB~ Agt¢¢mcnl-wilh ~osl~.doc ? iTECHNICAL I.:EI.IOFIAtIDUt.~ rio.1 Pine Ridge Road Median Opening at Napa Boulevard paEpAaEa FOe: Collier Count' pa~PA~a BY: C~M HILL I aAT~: July 31, 1997 I I Background .- Pine Ridge Road/'i-75 . In September ~ac,; C~,_M HiLL completed a tra::~: study for the ' . 2S, 1995, recommended near te~m I · ,,r, ~ Tkisoriginals:udv, datedSeptembe; long range improvements to Pine [~dge Road and the imersecting interchange ramps w~m 1-75. Foltowing completion of that report, Coliier Count7 and FDOT received a request to maLntain u~e existing median opemng at Nape Boulevard and Pine Pddge Road located approximately 1300 feet east of ~e 1-75 northbound ramp intersection. The September 19~5 . ~ smd'/did not consider ~e waffle opera,oriel impac~ of a median opez~g at Nape Boulevard. TnJs memorandum supplements uke Septembe~ 1995 study to consider ~e effec~ of a median opening at Napa Boulevard. T~ee intersections are co~idered i supFiemental stud)': Pine P~dge Road and the southbound 1-75 ramps (Intersection 1), Pine ~dge Road and the northbound 1-75 ramps (intersection 2), and Pine ~dge Road and Nape Boulevard (~tersecdon 3). Traffic Data Traffic data for ~s supplemental study are based on e~sting and forecast ~affic volumes presented ~ 1-75 Mulfimodal Master Pl~ prepared by ~OT. ~e ope~ng year for ~e proposed interchange improvem~ is 1998 and ~e no~nal desi~ year is 2020. ~OT provided e~sfing (1994) ~ and PM peak hour m~g movements at ~e bter~ge wi~out ~e proposed median ope~g. F~T also M~shed desi~ year 2020 ~ ~d PM peak hour mn4ng movemen~ at ~e inter~ange ~d at Pine ~dge Road and Nape Boulevard with a medkan ope~g on Pine ~dge Road. . , ,,-. ,- thc ln"~4 and rix.: ~-' ~ Lh;'cn;n~, ','c.:; (Ic'':$~ tr'affi;: force.ct, t, ',.,'crc · ::;, ','olu:;~c:; to b',' 3 ~,e:~c..,: -. , .... 7-:o'.'idcd .... ?:I)OT. ;:' i-, r',~, t:,, wcru as~'amed from 199-I to 199S. It wa:, further assumed that approximately 30 percent of the ,,'eat- 22'2,' .Napa Boulevard traffic would occur by thc }'car t99S. Thirty percent of the .X'a.~a ~o' ':..'..'::2 traffic was assigned to the network based on existing traffic patte,'-~. Annual :fa/fi:_ g-o'.'."?, from :99-t to 199S and 30 percent of the Napa Boulevard traffic ,,,,'as added to the base ;'eat 199-i volumes to arri':c at an opcmng)'ear forecast with the median opening at Napa Boulc'.'ard. Thc 199.E, .:,..'..i and FL! traffic ;'olumes arc summarized in E:d'dbit 1. taken directly from. FDOT's !-75 Desi;n:-. r CO:'.0~ ' ' ~ a:'~d I'N1 :-,..,.k hour vol'~::-:,es ',..'crc . Based on tire t:aff:c fc~recasts, voi',zr::es at thc tkrec inte:sectior'-'~ included in ti-ds stud',' are ir,:..: e>:-~.:zt,.'3 to ::;.::cas,: !,,_-:',..'cc:~ 1995 and 202'2. !-io;,'cvcr, in some cases ti~e pea!: period -;; - is less :n 2'.~2~2. '!'i'-~ trait'ir mode! usc:.i to d,zx'c!op t. he long-range traffic fore. casts i',';'' .~e'.'erai ne'.'.', or '~'~ .... ad,'d ea::t-',.'ast ,,.rtcria!s no:th and south of Pine Ridge Road. -, n~,-: eastcrl'.' to t-75 2.0 miles north of Fine Vandc:bilt Beach Road ~s pro.'.:es.u'.5 to be c×,e .... Ridge Road. A fulI L~,terd'~ange is proposed at Vanderbilt Beach Road and 1-75. A new interchange is also proposed at Golden Gate t'a:k;~'av w,kich is 2.5 m/les sou¢ of Pine Road. Each of these new tn,e.,.n,~..e-, are e×pc..':~ to draw traffic f'rom Pine ?ridge Road. Intersection Geometry for '1998 and 2020 intersection geometry and lane arrangements for both the opening }'ear and desig'n }'ear are based on reco.mmendatior,s in the 1-75 Multimodal ,".{aster Plan and are su:ru'narized in Ex. kibits 1 and 2. Fine Ridge Road is assumed to have three basic lanes in each direction with e×clusive left t'dm lanes a~ each intersection. Traffic Analyses These analyses focus on impacts to the 1-75 ramp intersections and traffic progression along Pine Ridge Road assmm, ing that tJ~e median operdng at Napa Boulevard is maintained. -. I Methodology 5e'.'eraI d ~:',~,.:r',.'r',t an,~lvr, i:; p,~ck,~,,,~cj_~ ',vote used to model tr,~.,q'ic or?eratJons, arid de:erm;n,J o?ti:-;.',~l si~,.nal tlrnirl~.; at tiic stlldv intersections. P:'~,S.SER [I-90 was used to develop init:;:i ?Hasin,~ and '; ~[.' ~-: ..... ~'"; o~',i ro~.ression along Pine Ridge Road SO.:,.Pq~' '..,'a~ a!somtilizecttoanal','zeinitiaIphasingand"~:,l,,,n©©Plans. Results from the initial PASSE[( amd SOAP analvses v.'erc inpu~ into TR..-\N$]q'-}'F to develop the final phasin,~ plans, t:mings amcl o."f'sc:s Th,... '!.'I.U\NSh~'-7F analyses ~vcre prepared to provide pro~-ression approa~.he.~, [:te:;,.:!t'. of thc 'FI',.:,.:qSY-f-FF and the SO.,\P analyses are attached to ti-ds V/earth9 on Pine Ridge Road ,;,, prima.'"',' operatio;~o,[ and safety concern associated ,,vJth providin~ a median oF, e,"dn~ at *a~ Boule','a:~ is '.'.'uavinS ;raffic on Pine F'.J~,'',~_ Road bet~,veen the northbound exit ram? Ridge Road. VJ?,cn Pine F~id~e R'~ad is widened, ~affic t-uming ri§hr from the exit ramp and then ~,,'amiz',g to tu,'-n left oat© i'~'apa Boulevard will be required to yield to PLne l%id~e Road ess:bound ~;a£:'ic and ~,,d.:c at least L~,.ree lane chan~es with. in less than 1009 feet. At F'D©T's request, a ~vea,.'in~.: analysis using the I-tC$ soNvare was completed for eastbound Pine i{id~e Road be~vee:~ the I-7~ northbound ramps and N'apa Boulevard. ThJs t~vo-sided weave, formed bv d~,.' frcc flow ;~-' ' r,~r',, hand entrance to Pine I-Cidse Road followed by'aleftmmtoNapa Boulevard, was analyzed asaTypeCxveavingarea. Under this configuration thc thro~'.§h traffic on Pine ILid§e Road is b. mctionally a weavin§ volume. Traffic turn.in§ ri§hr from the 1-75 ramp and then left to Naps Boulevard must cross all lanes of Pine ILidge Road to e×ec:le Lheir maneuver. Based on the HCS analysis the v,'eavLq§ section ,,vovld operate at LOS £ to F durin~ each of the 199S and 2020 peak periods (See Appendix for HCS output). The HC$ model predicts weaving and non-~'eavin§ speeds bet~,'een 35 mph and 27 mph. These o?erat/~g speed are over 10 rnph below the posted speed linni: of 45 mph. 1.,, turn ~Ia~c~ ~um~lanconthecxit rampbcrccons:ructcd parailcl to the o;. lanes and t. _a,mcn,, ;~-- control. W~thti~s -r · ' weavmg~'.'o~Idb~:controIledbvthesi~nal' s,b .... .... ;~ - traffic would still bo required to change la,es to make a left turn at Napa ' ~,~. while eastbound Pi~e ~dge Road Boulevard, but the movement could be made traffic is stopped a~ ~h. ramp intersection. All the traffic anah'ses assume that t~s right turn lane is reconstructed and controlled by the signal. Traffic Operations P),I. ~ne TI~&:qS'tT-TF anal~'ses were n;n to determine thc optimum c)'cle Icnbm an5 in:.'2r.'a! ttrn;n:~ to minimize intersection delay and mafnta:n progression or, Pine FJdgc Rea~ 5iFf, al "m;n~ls and time-space diasra~ w::h -,-o~re<si.~n bands for each scenario are :r. zl~Jed ir~ ';" attachc'~ materials. in the * ' .... t.,,~.s~don average delav a~ volume to caDac:rv ratios as reported ou~ut ate summarized in Table [. Ea&~ interserfion will operate we[1 at Level o! 5er:ice C or better i~ the oven!ag x'~a~ and LOS D or bet:er in the desi~ year. ~e ti~ng ar, d ' proof ess.on phasing pla~ provide - ; at ~e ,n NIFH in both me eastbound and westbound dire:tioga. See the attached time space diagrams for si~al of/se~ and progression bandwidths. The prima0' pu~ose of ~ese analyses are to demonstrate that ~e proposed lane axangemcnts will sa~ely and efficiently accow~m- qate the forecast waffic volumes with a reasonable le~ e~ of progression on Pine Pfidge Road. The sisal firmngs offseB, and phasing pla~ should be iur~er refined to even out delay and V/C ratios on ~e side sweets and improve progression on the arterial based on actual wafiic conditio~ at ~e time of com~ction. Storage Lane ~equirements Queue len~ requiremen~ are suw~arized ~ Table 2. ~ese lane requirements were calmlated using ~e foanu!a ~ ~OT's P!am Preparation Manual with a default o'cle lenin of 120 seconds. ~ese dirne~io~ do not ~,clude deceleration/taper dist~ces. ~e total m~ng lane requirements are presented in e~bit. ~e T~ShT-~ and SOAP output also provide an estimate of ma~mum queue len~ for comparison pu~oses. It is ' ' uE~u~'~073197 ~ ~ ' ' ' 4 ~::spo::.~nt to no'.,_' t~w,t t!',c T F,.'~,.'";5'CI-7!: q u,._'u,.' ;I:~ludu5 ~,',.,!~,;cle'.', that n.-: tv,._, d:.:r:s:t~ the I };teen }:,t~,~sc and }mn Ihe b,:,:L t): tile queue, wi',:l,~, the front o'.' the ClUCU'-' :5 d::,c::,:'/ d u:m;,.; the initial seconds of the ,-teen phase. Using the FDOT formula, Thc 2020 storage length requirement for the [qne I~.¢g'.-' Road eastbo,and dual left turn rno','ement at Xa?a Boulevard is 815 feet. The 199S storage length for the same movement is calculated to be 245 feet. Based on tSxe unce:'tainD' of de..,elo?mcnt in the northeast quadrant of the interchange, the projected n-affic ma~.:/ng eastbound to no:ti~bound ieft turn (974 in the 2020 AN'l pea'k)' and engineering judgment, ,c,~ turn storage be initially provided for the is rer. ommendeJ that '~!0 fl, et of dual ;, c. eastbound to northbound movement at Napa Boulevard. Pine Ridge Re,ad should be d,-s,:'-~,'d and constructed to allow for th,.' future extension o( these left turn l:'.ne5 to S15 fee: ofs:orageifnee:i:::t. FDOT staff has concurred with this rec°mmenda:~°n' Conclusions .... N ..... [';oulevard reauires · C,. c..,In,., ,~ :,la:.-,'a~ ' ~ d~,: e":istln.3 ........... at ?ine Rills',-. F. oad and .... D.I nO reconstTUCtiOn o:' the free rio',.,' ,to,,, turn lane from the 1-73 northboun~ exit ran'to. This modification is rec:uired to control weaving on Pine P, Jdge Road between the ram? ter u,e,ar..~. The ~ ~' ~' lan-' should be re:o:'x.str'.-':ted to be paralie! intersecfion and :<ap,: Bo ~" '~ ,u,,,m= the left turn lanes approaching the interseztion and shou!J be controlled by ~e traffic s:gr, al at the ramp terrr, 3nal. The right t'um lane orJy needs to provide 270 feet of storage on the ramp, but the sic;rage for the lane should begin ap?roximately 355 feet south of the stop line to e.n.sure the la,ne is not blocked by queued leR turn traffic, tn addition, an eastbound dual left turn with a storage length of 510 feet should be provided at Napa Boulevard. With these modihcation-s and the proposed lane arrangements presented herein, the intersections studied will operate at acceptable levels of service in the opening year and the design )'ear. Furthermore, good progression can be maintained on PLne Ridge Road between the interchange and Napa Boulevard with proper sigmal phasing and coordination. - 199S AM 199S I"M' 2020 AM ~u:,~ , . , C','cle = 119 sec C','cle = 120 sec Cvcle= 120 sec Cvcte = I2'2' se: ..,v~ ..,'.'g ""g ';'"'~ Intersection vic Deiay' V/C Delay' V/C Delay' V/C De!,'.'.' (','ch / .',cc) ('.'eh / sec) (`.'ch / sec) 1-73 Southbound 0.81 16.0 0.SS 1 ! .9 0.74 13.6 0,91 12.3 [.75 ,'-&:::','*,bound 0.53 75 C'.35 3.7 0.54 14.1 057 16 Ra.m.vs >/apaBo:~lc'.'.:rd 0.69 I 19.~) n.d$ 154 0.95 3S.5 OSS 3:3 i..,",','oraL:'-' Dcla'~' /t>r 'I'[.U'~N?Y'i-PF ()utput. Table 2. Queue Length Requirements C;~:~;al C;'zP: Lena, tn Peak Hour No of Storage Intersection Fen;: (:cc) Vo!ume Lanes (f:/lane2 ('.'Dh) S:3 Left 2Z":) AM 120 623 2 520 WB Left 2,22C) AM 120 163 I 273 1-75 N'o.~hbound Ramps NB Left 2320 P.M I20 424 2 355 El3 Left 2020 PSI I20 357 2 490 Nt3 Right 2020 PM I20 163 I 270 Na?a Boulevard NB Left 2020 PM 120 91 155 SBLeft I 202,3AM 120 2S6 4S0 EB Left 207'0 AM 120 974 $15 WB Left 2020 PM 120 30 50 Implementation of Improvements Conceptual plans have been developed for the improvements to the northbound 1-75 off ramp and the left turn lanes at Napa Boulevard. The realigwtment of the nor'&,bound 1-75 /(,(060 :j , ~,~, under signal control as discussed above. Frov~dcd with t~c r~.,h, turn lane being bro~:,'; ' The widening of P~e Ridge Itoad to accommodate the dual left turn lanes at Napa goulcvazdisshown~nEx}db;t3 Pine Ridge[',oa~,willb"widened to ~e north for the foIlo'.%'ing · Widenin~ to the s~uth will cause ira?acts to wetland 5-3 for a distance of 455 feet. These additional impacts will trigger the need for ACOE m:t~gation is currently not r~eedect and would liLelv trigger the need for SP3VMD which is also not currently needed. · The '.'oiume of water qualit., ~,,,4n~* rovided in the pond locate~ on the south side of Pine [~dge Road be:ween the D-2 canal and Napa goulevar~ would b,' reduced. This would not be favorably viewed by SFWNID. l.'~i:?.t-c~f-'.*.'av v. ould be reqt~- ' ~ ;-,'::', :nc, r,: ;~ropert',' o',,'ners o:7 the sot:t~l side Tn.2 des[~ f.3r tke eastbo~n~ dual left turn lan.: show~ in E):imbi~ 3 provides a queue c,; :15 feet plus z,3 feet for taz'e~ and d_c.t~.~fion wn~cn ~s required for 20~0 volumes. 5.~:1 taper is Frovi~e~ to transition ~e me~an w~dth to accom~modate ~e dual left ~m lane. Tine median w~dth taper will overlap the taper for the northbound free flowing tumonramp. Tk~s will cause the realigp~nent of the on ramp- For westboundNapa Boulevard a s. ingie left turn lar.e will be provided. The total leng~ of widemng to Pine ~dge Road to acconm~odate dual left turn lanes is about 2,000 feet (Sra. 1110+28 to Sra. 1130-28). As indicated earlier, it is reco~ended the i~tial construc~on of ~e dual left mm lane be 510 feet of storage leng~ in lieu of 815 feet of storage required in 2020. Additional fight-of-way will be needed to provide for ~e dual left mm l~es at Napa Boulevard. From Sra. 1124+00 (east side of Napa Boulevard) to Sra. 1126+50 (east end of right turn lane) an additional 10 feet of right-of-way is needed. From Sra. 1126+50 to Sta. 1129+00 ~ additional 5 feet of right-of-way is needed. No addifion~ fight-of-way is needed west of Napa Boulevard due to ~e wid~ of ~e e~s~ng [i~ted access fight-of- way. These right-of-wa)' reqt~remen~ are approximate and are based on ~e conceptual I du;':r,g i;n,'d design. Cost ol Improvements ...... been identified for dc:;ic;~ ancl co:,,structlon of thc proposed improvements Cost;,..,t ~ ' arc summa:ized in Table 3 ~ne costs do not include the acquisition of right-of-wa':' aton~ ;he north side of Pine Ridge RoaJ cast of Napa Boulevard as described above. In . , V, 0~ coS,~ It was assum~em additional storm water quMi9' treatmem: ' c:,timat;n~; tke pro~c~t not be r,z:!u~red b'.' S~VblD. It was furtixcr assumed that these improvements would not .-1,~ - tr;:j::c: c:x...;r~,:x::-.,zrx:21 mit;3at;o:x ~" "::on.: is c::rrcntlv needed The costs provide TaL';c 7, r.,:-rc;er',t a:-, ordcr-of-maz;::tud.: estimate based on thc conccptua! desi~ of the ..... , ,-.~ ,.'i~ cic'.'~ ! ' ,b. 2 im?re','ement5 are implemented. I I I ,. 073197 ! ~-~- .... ,..~ TAllL£ 3, C05ToFh.'PRO".'EM£NTS NORTHBOUND OFF RAfAP MODIFICATIONS FOR RIGHTTURt~ LANE Cons::u:::on t4e...,' pavement S11.970 Pavement removal S12.500 S .... nC S9.000 S~gna~ modd~cahon Miszo[',aBo gu5 Sl 9,230 c .... ' S57,700 ges;~n C: r,',5 S5.3'20 f~ D','.' C :s::, SO Tz:a',P,,'-,z:zs:5 252.033 Pit;E RiDGE RO;,D V,'IDENIt~G FOR DUAL LE'~ TURNS AT NAPA BOULEVARD Cor, s:ru27sr, C=s:s He.v 2a.,emeq: S19,8~0 ~.S:.::sna: i ~' 2'ze 5500 Lar. dszaping & ~rn~al~3n S19.800 New s~gnal S85.000 Miscellaneous S63.050 Sublolal S189,150 Design Costs S34,000 ROW Costs Not included in cosl estimate Total Pine Ridge Road Costs $223.150 GRAND TOTAL COSTS S286,150 ....... · "~ P~CjV,IDE 500' ~UAL LfFT TiJH?,'IA ". ~%'IOEIJ FINE RIDGE ROAD 7' TO THE '"'. ,, r,'DRTH TO ACCOMODATE DUAL LE~ .. '- TURN ~t,'E5 AT NAPA ~LVD , ~ %., .-.. ,,. ~ '~:~ '"d'-. 5Z f TA~ER /p;,'VE~,'DGEROADFO.RDU~LE,~ / k '~ k ",~::', t .,'~ ...... ~v'; .%': ...... .,;~., / , / ",; . ~ ..... . .................... ~.::-': - . .... _~' J ~ ~ =~~':~- __ ....... :.' .......... ,-: ..... " ~ ~ ........ ~ .............. ~ :'-~ .......... :-. L' _ .'.".' ' - ~.~C~.~~ .:.._ aS~ . ~ ...... ,. f ..,~' %~ --'" / ? ~' ~ '~ ,' .-'~' ~'~HT TURN RAMP AND TAPER. /:4,¢ I ..' .., ......... /,::.' // / , ..." ~ ~ WIDEN ~MP 12' TO FROVIDE FOR J TURN ~h'E. 355' IN LENGTH P~US A 50' TAPE: TOTAL LENGTH- 405'. WIDEN ~MP ~2" TO ACCOMMODATE DU~ LE~ ~~ ~NES, 475' STOOGE ~ fO0' DECELE~TtON AND 50' TAPER; TOTAL LENGTH ~ 625' EX~IBIT 3 Elimination of 1-75 Free Flow Right Turn Ramp and Widening of Pine Ridge Road to Provide Dual Left Turn Lanes at Napa Boulevard Pine Ridge Ro.dAh',,pa Boulevard blediao Opening tR~mp blodification~ Construction Co,~ Quantity Onlt prlct Co~t NcwPavement 370 $21 $7,?~0 I"FC. 3.5"T)~S.6"ABC, 12"Typc~S~e pavement Removal (S~ 25~ $5 $12.500 Asph~t p~vcmcnt S~dmg(SY) 3~0 $3 $9.0~ Includew~ter. Signal Mod~,cations (LS) I $5.000 FDOT C~rdin~tlon G{rJ) g S115 $920 l)~sl~n O1~) 40 575 S3.0~ ~'~ Coordin.lion (]{rs) g 590 $696 A~Sus'e TetJl Design Tot~lR~mpModific~tlon~ $56.741 Con~;.~cncy S14,185 Project To[~I ~70.926 NOte: ~,C pU~OSC O[ this spreadsheet is to csdm~ thc design ~d cons~cfion costs for the rcalis~mcnt of ~¢ ~ right ~ off m~mp. Costs ~ss~mc rcqui.rcd to ~c w~ter qu~ity trca~e~t ~n~. Co~ do not include my ROW acquisition. \'\ REC ~IEt AHEHD IHE DESIGH CO~;TPACT FOR PIh: RIDGE ROAD AT IHCORFOPATE AH IHTERSIATE IIi~ERCHAt;GE HODIFICATIO~i STUDY EASi OF 1-75. OBJECTIVE: iD gain Board approval to amend the design contrac[ with CE2}5 Hill ~ . ,~nn~ of includino an ~nterstate-Int~rchar, qe Hodif~cation Stu~',' tc confirm the Feq'Jirements and cost of ma~nta~nlng a ma~an oFu,,~ng a~ P~ne Road and ~apa Boulevard. CO.,~IBtR~TIO.,S: ?he a.~o~tud A~c_ss Hana~e .... nt ...... ~ .... ~, H ~ ~ ~ ~ -~ Plan for the In'~rstate ~-ti"i'" Ce~te~--a--~I-~'5 and the east segment a~ Pine P. id~e RSad' ~e~,Jires o::,nir, m at ~;:;,a 5sulnvayd to be closed as a result o, tu~u,e con,/1s.s w;tr, Z~ ~... ,].;F,~ ~'.r~r,,ln~lv nnrthbou~J traffic on 1-75 exiting eastbsunJ an~ prc;.erty o'.'r, ars within the Activity Caf, tar ~nd~cates ~nu to/~o~n~. 1. Act~','ity Car, tar Plan i: apprcpr~te ,n csn;,der~,cr..cf [u:ure ,t.~.,,.- conditions ami fUt'JFe safety concerns (Reference: ~tta:hmen~ I - Center Access g&,sa~e,ment Plan). Crt .h- nrq~n t'es :atnd bo'h north and sou~,, o, F,n_ X~cg_ within th~ Activity Center; the h~r~h~p ~nvolves l~,,:~ted land us:s in turn, ',mpact land values an.~ land revenu: production. ~ &n ~lt~r-,~tlv~ to thn ex1stlnq Act~vlty [enter Plan ~nvolv~ng State and Federal review and approval (Reference: Attachment 2 - of FDOT Heating). ~, .... :~ .... ~ ~ ~ :k~=~ ~4 ~n in-heus~ economic analysis being performeJ ~ , , o ~ A t~v~t Center deveio~,,=r,t as current/) on ~he advan~ag_s to the County o, c ' ' Y forth in the County's Comprehensive Plan, the Transportation Services staff has , ~- t an Interstate-Interchange Modification Study would provide very dele ....ired the specific information on the ultimate conditions and cost of an alternative Activity Center Plan which would allow the median opening at Nape Boulevard to remain open, but as a directional median opening allowing for eastbound left- turns and westbound left-turns. Since the proposed efforts to evaluate an alternative Access Hanagement Plan for Pine Ridge Road at ~;apa Boulevard would primarily b¢nef~t the com;~ercial property owners north and south of Pine Ridge Road within the Activity Center, County staff is proposing the Study subject to the following conditions' Impacted property owners subsidize up to two-thirds of the engineering cost based on the following acreage impacts: south property owners' share is 1/3; north property owners' share is 1/3; and County's share is I/3. An adverse impact to the above additional Study is recognition that performing the Study and processing the Study through both State and Federal agencies will delay the current design efforts by up to nine (9) months. In terms of concurrency requirements, .'the pending AUIR indicates that the Pine Ridge Road seg=ent between Airp,rt-Pulling Road and 1-75 will not beco.e deficient approximately 1999. Accordingly, the nine (9) month delay will impact on the current design schedule and not create a construction time frame delay (construction planned in FY 1998-99). ZHPACT: An approximate cost of the various phases of the Pine FISCAL Project am=n ..... n~ is outlined as follows: Interchange Modification Study: Phase One' Traffic Stud's S25,OO0 - $ 50,000 Phase T~'o' Modification Study $50,000 - $1OO,O00 Interchange Design Permitting' and Subject to FDOT/FH'4A approval of above S7S,CSO - S125,O00 Interchange E~:onstruction' S ~'e., - ~O0,O00+ u~j '' to final d~sign NOTE:Cost d~ta is preliminary and range of values reflect unkno'.'r, level of FH'.'~. revie'~. As outlined above the first step ir, ~n. process of considerinc the modification ' · O~-. b?' of the Activity Center Plan is the HodlficaLion Study which ~ould be foll '~ design, permitting and construction pending participation by the various parties as outlined in the above re:ommended aiqocation of costs. The County's ccst ~ould be ~¢ available by budget --= ~--nts in Fund 313 Reserves Fund Eeserves, and/or reallocation of funding by project to allow for onl?' the lqodification StudT, Phase One in an amour,' not to exceed SSO,000. GRo'.rTH KANAG~HENT IHP¢.T. I;3~ applicable fo concurrency; reference the proj delay outlinec above. RECOHHENDATION: That the Bgard approve the above Interstate Modification Stud)' concept, approve a project amendment to add Phase One of the Modification Stud)' to the current design contract in an amount not to exceed S50,OO0, approve budget amendmer, ts as necessary to accept contributions and increase project funding as necessary to accomplish Phase One work, direct staff %o contact impacted property owners for fair share contributions to Phase One based on the above allocation formula and upon confirmation of funding for Phase One issue notice to proceed to the consultant, CH2H Hill. PREPARED BY' GFA DATE: 1'-7..-] o ~ ~ ~ G. F. Archibald, P.E., Admi'ni~trator TP~ttSPORTATION SERVICES DIVISION GFA/mk/71795/9145 12t~ 1 REASONS FOR REZONE DENIAL REZONE 97-2 GROWTtt MANAGEMENT PLAN AMENDMENT CP-97-2 PRESENTED BY JOSE E HERR. ERA RESIDENT OF lOth AVE S W NAPLES, FLORIDA 1 / 13/98 -SUBJt'iCT PROt'I'~RTY IS CURRENTI,Y ZONED G~)I.DEN GATE I!S'rATF, S ON THE - GOLDEN GATE AREA MASTER PI,AN AND FUTURE [,AND USE ELEMENT AND 6AP O[: THE GROWTti MANAGEMENT PLAN. -THE SUBJEC'I' REZONE FROM "ES'\'ATE" TO C-I/T IS INCONSISTENT WITH TIlE GOI,DEN GATE AREA MASTER PLAN AN[) FUTURE LAND USE ELEMENT OF GROWTH MANAGEMENT PLAN. -THE P, EZONE WOULD UNDERMINE THE AC'i'iVIT'Y CENTER CONCEPT. CREATING A STRIP AND DISORGANIZED PATTEP, N OF COMMERCIAL D F. V F. I .OPM ENq'. -N,\I'A W..\'~' IS ,\N AI'I'i,[Oi'I~IATI:: AND NA'i'I. ii{AI, lltii:i,'El;[ FI;IO.M CO~IMERCIAI, T()RESIDENTIAI, YOUI)ON()TAi)I)C()MMI.iRCIAI, NEXTTO COMMI:.RC[AI. ZONING AND CA1.L IT BUFFERIN(} OR TRANSITIONAL. THE SUBJECT SITE IS AI)JACf{NT TO UNDF. VI{I.()Pt:.I) !.iSTATE ZONE SINGLE FAMILY i.O'I'S. A REZONE V~'Otil,DGRANTA FINANCIAL BONANZA TOA INGI,EOWNER. I!OWCAN YOU DENY THEA[)JOINING PARCEl, NOT TO BTAIN TIlE SAME ZONING DESIGNATION. :'I'IiAI:FI(; ! N! PACT THE PROPOSED MEDICAL CLINIC WILL GENERATE 285 CARS PER DAY. CURtlI.~NT TRAI.'FIC ON 10Ih AVE. S.W. IS IN EXCt!SS OF 475 CARS PER [)AY. ASTRON I~I.AZA W()UI.DGI_.;N[!RATI£2700CARS F'L:RI)AY. It: I/3OFCARS WOIJI,D t£×I'l' ONTO 10th AVl:. S.W ADDING T()TIlE [:.XIS'FING TRAFFIC, THE COUNT [)}Si?, [)AY '~,.'Ot:l,l) EXCEED 1400 (;..\RS PER DAY WITll SPEEI)S AVtiRAGING 50 M.P.It, -EFFECTS OF REZONIN(; ON PROPERTY ~,'AI.t;ES THL:, REZON}:. WOUI~D DI:.CI~,EASE TIlE SINGI,E FAMILY H()MES VALUE. -NEED AS STATED IN TIlE LONG RANGE PLANNING'S REPORT, TitERE EXISTS AN ABUNDANCE OF COMMERCIAL SPACE WITHIN THE GOLDEN GATE AREA. I URGE YOU TO DENY 'File REZONE PETITION AND TItlS GROWTlt oi MAN:\GENIENT PLAN AMENI)NIENT AND LET ESTATE ZONING REMAIN IN ' L A C I5. EFFECTS OF PROPOSED ZONING CHANGE TO ADJACENT VACANT PROPERTY __Dt~CREASE VALUE FOR RESIDENTIAl. USF. PI£TITIONER PROPEI~,TY ASKING PRICI~ $2S0,000.00 VACANT LAND IN 10th S.W. I:OR R£!SIDENI'IAL USE SEI.LS FOR. $40,000.00 TO $50,000.00 $200,000.00 POTEN'I'IAL REVENI. IE TO LANI) OXVNERS GREAT INCENTIVE FOIl ZONING CItANGE 1/9/98 1 2o'A9/97 L : bo..~.J.,l. FIC:: CFd*I.S AF': l? L. OP-CITY: NA}:'L[-.~ I?F' : N ~;'I'ATUS: ~% /END D : F"'INF' {:;']r~FiR ~:I] / /E'_ PS ! * ~':..J.? F-'A : $ 1(,7750 LP {:'F : $ :'.lq : E5 T I. L F': $ :,::'::"~AO~'~ : CEll I IEP PN: c.~Ic;.~4~,)L~OA7 ZF': ~?~.~AFJ- c'l UbECODE: I$1 :*G(i'I..OEN ~3ATE EST UMTT 3~ 'tHAT PORT TF.: 41 DES,7: A.~: C:OM SE CNN' 'FF'~ NL GE': *5:-D. ".46 ET, W',.Y I i.',';. OIFT, SLY 5::;4. 13ET, ELY # :*07'-:500 SD:*GOi. DEN GATE EST UNIT .33 'f×:$*+ 5v'.:, ..................................... CtENERAI. I N[=ORIqA 1' ] ,.~:4 .......................................... YF'E ; A,_'t.K'F.'F:,,t~E /~'EMf-,E:[..'.S LJSAId, E : F:EMAF:I:':3 / / T : rhX., ':"-, .:, ~.' X r ~X UY A ~;t : (*~ CR:E-S: 2. 320 ~P',~F,',:" : 0 F'L5: 'i, ,,,; DF' ~ ::: ,OTDS: F'OI:'NEF:' /~::OUN'rY /F'F..'MAR~.:S / Ei.Eu ; IO-15F'F 0~{) : F'LI.rq. IC /PEI"IAF.'KS /' F.'OADFt~': PINEPiE, G ;RF-.'ER: MOSTP[NF./ / GRMD : F'ALMETTr.3/REMAF~:I':~ ~1N t 1 ; / / / t / :EM:GRFFAT OF'POPTUNITY FOP A VI,~[ONARY INVESTOR. A MC)NEY MAKING SLEEPER. VF.'i;:y ASI' ~A'L)U~~''- '- LOCA'FF.-, ON PINE ,q'J. DGE & NAC'A WAY, WON'T }..A.qT F,'L:.',-IA F '~ 5 ,'. / / ~:;,': : F.:~ MAF')":; ,' / / / / / >OC:M*F: AF,~;TFr.'A,: 'l ,'AE;:'T AL. / / / / / U'~ ~. ['FY ]NF'(j[.Z~F~'[llq .................................... J'FA',?L ~ 14'l.h:(. ,, ~ / / ,,, ....................................... F'I'~AIW('/AL ~NFON'M~'F IE~N ................................... M7 G : / M'3EE ~ VYN' : '"~ AY;id(AL: ~ " $ ..~.;~4.>. LS : N~ IfF* [)pi:AN OF'H : 74J.-::,~I-11 lY: AF'IA: 941-649- * '"' " : 0 C:OBA : 4% CO', E~: ,W. Ii'l]N~: (, VAR: nl P~:'5 : N~F~IdAF. m':5 / / ) {155: AIL [ (,';1-'. HON ~ ,q rqNF'F.i'Op ,, .D .' ~ ,..i5,' 1:),' UF'F' ~ i., tNKF]F:rqA'FIDN DEEMED F'FI.[A~I..E E~U'F NOT ,3UPF:ANTEED--- l'2/U":J,'"~'? ~".}.-,:.u'~'", F'M i~ WE R.[:;QU[iST 'I'0 THE BOARD OF COMMISSI()NERS rl'l IAT IT CLOSE NAPA WAY AT 10th AVENUE S.W. TIlE CLOSING WILL CREATE A BUFFER BETWEEN AS'I'RON PLAZA AND 'I"ttE RESIDEN'I'IAL NEI(iHBORHO()D, AND WILL STOl> TIlE CURRENT TRAFFIC 'I'HA'I' Io NOT R ELA'I'ED '1'O Tt IE RESIDENTS. PETITION TO 'File liOAl{l) OF (_~OI~I.IER CO[INT¥ CO,%IMISSIONi.]R.5 RE: REZONIN'(; REQUEST 1~-97-2 F'RO,~I "E" TOC-I/I' TI.~..s,('T 41 t~,',,'lT 33 -, 'Ft I1: liNI)I'~R.51(.~N[:.I)..-\1.1. BF. ING P, ESIDI-iNTS ~.)}.' I*)'I*11 ..\VI£NI./ti .$ W AND WI~ST (.)F I.()(JAN I~I.VD I)O OPPOSE ANY WI'TEMPT 'FO C(),%1NlI~I{('I..XI.IZI~ ANY i'()l~'l'lOX/)F ()l Jif S'I'I{EET. WE ,.lite A RI~SIDEN'I'IAI. NI~I(JttBORIlOOI) AND !{XPI~C'P IT TO ltt(X~,,XlN 'FILE SAMf~ WI~ 1)() NOT WANT BI .$1NI:SSf:SI),NI)i/RS'i'i~i~E'F WEI)ONOFWANT(YOXlNiER(,iAi. iti;,$1NESS II,,xCKIN'G lip '1'{) {)Uf{ S'I'I{I~ET WE DO NOT WAN'I' CO,MMI~R('IAI. 'FR[.;{'KS SI~RVI('INCJ ANY Ill/SINleSS ESTAI~I.ISttMENTS ON ()[iR S'I't~I.2ET N,.XP,,X III.VD ()~;('ItSi~RVI'~DA USI5FUI. PURI~OSE T()C{)NNtt{'TT{)t,iNi~ RII)Cii~ROA[) NOW IT IS I~EING USED AS A StlUNPiKi~ TO Cii~C. UNiVi~NT 'FItI~'I't{AFFI('i.iGitTATLOGAN BLVD AND PINE RIDGE RD. WITtt Vf~ItlL'I.ESCiOiN(ilN EXCESSOFo0MPH ALL 'FILE ()'FtIER,.XVENUES INOUR CI.()5E t'I{OXIMI'FY ARE DEAD ENDS AND DO NOT HAVE A }tINT OF t P()SSIBL[~('OXlXIER('IAI. IZA'FiON WIIY SttOULD WE BE ANY DIFFEf~ENT" PUBLIC NOTICI': PUBLIC NOTICE NAPLES DAILY NEWS NOTICE OF SMALL SCALE AMENDMENT TO FUTURE Published Daily LAND USE MAP OF GROWTH MANAGEMENT PLAN Naples. FL 33940 Not,ce ~5 hereby Dven that on TUESDAY. JA/',/UARY 13. 1998 ,~ Ine Boa,d of C~';mmlssloners Meeting Room. 3rd FOoT ACmmlsuapon Build nC. C~':er Affidavit of Publication consider the enactment of a ~uq~ Ordrnance The m~,ng wffl commiT, Ce at 9:~] A.M The ht!e Of the p~o~5~ Ordinance ~s as foJJ~s: - State of Florida A~ ORDINANCE AM[NOING ORDINANCE 89-05. AS A"[NDEB. FOR County of Collier THE UNINCORPORATED AREA OF COLLIER COUNTY. ~LOA;D& PROVIDING FOR A SMALL SCALE AMENDM[Nf ~O T~[ rdIURE LA' 3 USE MAP OF file FUTURE LAND USE ELEMENT OF COLUE~ CO?~TY'S Beforo lhe undorsignod authority, personally appeared GROWIN MANAGEMENT P~N BY ADDING 2 3 ACRES TO THE PiNE · RIDGE INTERCHANGE ACTIVITY CENTER AND LIMITED TO M[DICA[ B Lamb who on oalh says thal USE ONLY' BY PROVIDING FOR SEVERABLE f'¢: 4ND nv PROVIDING theyservoastho~Sst. Corp. Secretary of the FOR AN EFFECTIVE DAI[ Naples Dmly. a daily newspa~r published at Naples. in Collier The puT.Se of lhe heanng ,~ to ad~I an amend~m tO the future [~r,d U~ [lem~.l Map. Itu5 amendmenl ~s only for a mao change lc t~e future Lg~d U~ ['emeet of the Courtly Florida: lhat lbo attached copy ol the advertising, Or~th Management Plan and ;s therefore a Sma?. ~:a~e b(~ff~g a ~:O ~ J C 0 0 [ ~ m a ] 1 ~ C a 1 o All mteresl~ pa~es ate mvffed :o apcea, a~d ~ rear~ ~2,~ C~ :he ~'.'3dable for msOechon at the ~llJer ~un ~ Cer~'s ~ 'e 41~ r,-- .- Re~luf~n ~,~e~ dmo~ ~ ~rmnt,f Government CenleL [asJ t~ao*~ ,:,~,~ d~ ~n...'~ ' ~;t, ~mm~sDahon BuildmR, N. Hor~sh~ Dnve, Napies, Flor d~n'?he"~'~ ]'. ~??~e Pla~n.n~ S~tJon, ~o JanuaN 13, 1998, wmml Oe read an~ cons<ere~ a[ ~he puohc hear ng, was [)ubiished mn said newspaper ..... 1 times i~ tho It a ~r~n decides lc aD.al any deos,on rn~e Dy the Board of ~unly ~'mm~ssioners with iSSUeS 51arhng On J/6/~g and end,nc on resf.~l ~o any malter cons,der~ at such meelm[ or neanng, he will n~d a record of Pr~eedmR, ]nd for such pur~ he mai n~d ~o ensure l~al a verbatim ~ord of the ngv.'sr)a~)r has heretofore ~en conhnuously publlg~?d m smd SOber County, BOARD OF COUNTY CO~MISSIONERS Florid.1. each day and has b~n entelL'd a~ S~O~J class mad ~attor a! lhe COLLIER COUNTY, FLORIDA [~Dflt IIlliC~ ltl ~Iaplos m sa;d ~her ~unly. F~tKJB. lot a ~rm~ of I year ~xl TIMOTHY L HA~iCOCK, C~AIRMA~I . . January 6, 1998 Sworn to and subscribed bofore me lhis~6 ~ dayofdanuary 1990 ... ,~ :.~ ' 7;.f,: .:,,-- A~AI lO, Ty[~] of ~derHff~cnbon Pr(xJuCl~l. ~270223 ~ ~ 121-'1 ' ORDINANCE 98- 2 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA. BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN ElY ADDING 2.3 ACRES TO THE PINE RIDGE INTERCHANGE ACTIVITY CENTER AND LIMITED TO MEDICAL USE ONLY; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board oi' County Commissioners adopted the Collier County Growlh Management Plan on January 10, 1989: and WHEREAS, the properly owners of 2.3 acres of land have submitted a request to amend lhe Future Land Use Map Gl'the Future Land Use Elemenl of the Collier County Growlh Management Plan: and WHEREAS, lhe request is for a Future Land Use Map change limiting the use to medical use only. and it involves less than 10 acres of land; and WHEREAS, the amendmenl does not involve a change to any of the Goals, Objectives, or Policies of the Plan; and WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes, this amendment is considered a Small Scale Amendmenl; and WHEREAS, all applicable substantive and procedural requirements of law have been met: and NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ADOPTION OF THE AMENDED FUTURE LAND USE ELEMENT MAP This Ordinance as described herein shall be known as the 1998 Small Scale Amendment for the Future Land Use Map of the Fulure Land Use Element of Collier County's Gro~h Managemenl Plan The AmendmenL attached hereto and incorporated herein by reference as Exhibit A, establishes the amended Future Land Use Map as a component of the Future Land Use EIemenl, an individLJal Element of Collier County's Growth Management Plan. SECTION TWO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, disfincl and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE This Small Scale Amendment shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Small Scale Amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining the adopted Small Scale Development Amendment is in compliance 12A 1 PASSED AND DiJLY ADOPTED by the Board ol County Commissioners of Collier County, Florida, this " day of ' . ,. , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK,.CLERK "'B~.'R~B~RA B. BLSRR-Y;~N APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORJE M. STUDENT ASSISTANT COUNTY ATTORNEY CP-97-04 ORDINANCE STATE OF FLORIDA) COUNTY OF gOLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-2 Which was adopted by the Board of County Commissioners on the 13th day of January, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 1998. DWIGHT E BROCK ... Clerk of Courts and Clerk Ex-officio to Board County Commissioners By: Maureen Kenyon Deputy Clerk " ' O COI,I,IER COUNTY I:I.ORII}A REQUEST FOR I,EGAI. AI)VI.;IUI'ISING OF PUIlI.IC IIEARINGS 'I'o: Clerklolhe Board: PIc:I~e placcthc follm~ing:~.~n: XXX Normallcl,,alAdvcrliscmcnt [] OIhcr: (Display Adv., Iocalion. clc.) Pctition No. {If none, givc bricfdcscriplion): R-97-2 Pclilioncr: (Name & Address): Mr. Bruce Anderson Young. vlmAsscnd~rp & Varnad~ 801 Laurel Oak Drive, Suite 300. Naples, Florida 3410g nnd Mr. Ro~N D,anc }t3~l~=Monles & Ass~iales, ?15 Tenth Slreel Soulh Naples. Florida~4102 Name & Address of any ~r~n(s) Io ~ notified by Clerk's O~ce: (If more space is needed, allacb separale sheel) Dr, Manual Pena, 4081 Tnmiami Trail Nonl% St~i2g~'~(~N~E[g~J~l~zi~;.A 341n2 tlearing ~rore XXX [ICC BZA OIher Rcq,,cs~cd t,caring dale: Z_/~'-- _el ~ ;' ..... B;,scd on adveniscmcn, ap~aring l 5 d;,ys ~forc I,cari,g. Newspa~r(s) Io ~ used: (Complclc only if im~rlanl): XXX Naples Daily News Olhcr ~ Legally Required ProimscdTcxl: flncludelegaldescription&commonl~afion&Size: SEEA~ACHED Companion ~li~ion(s). if any & pro~scd hcari,g dale: D~s Pclilion Fcc include advertising cost'? ~s ~ No if Yes. wbal account should be charged for advertising costs: 113-138323~.191 l0 Division t lead l)alc Counly Manager Date l.isl l)IS'rlllli UTION INSTRUCTIONS A. For hearings before BCC()r BY, A: lniliatingl)crsontocoml)lcleonecoyandol)tain Division llend al)provalbefore sulmlitti,g to C()unty Manager. N.Ic: If legal (b)curncnt is involved, be sure that any necessary leg:il review, or request for same, is submillcd to Collllly hJlol'llc)' before submitting to County Manager. The Mnnagcr's office will distribute copies: [~_.~ CountyM:magcragc.uhlfilc: I. ~ Rcqt.cstingDivision ~ Original Clerk's Office B. Ofiter hearings: Initialing Division head to approve and submit original to Clerk's ()W~cc, retaining a copy for file. FOR CLERK'SOI.'FICE USE ONI,Y: / ~',' 7./ 5~ Dale Received: :]J~c~_ Dale of Public hearing: __~V,~ Dale Advertised' ,2 ' '/' '/' 11111 !1111111111 ili111111111111 FROM: --,, __.___~LLIE HOFFMAN -}tLNUTES & ~ECORD$ [ .. LOCATION: Collier County Courthouse ,~ FAX lq8: (813) 774-8408 , " PHONE'NO: (813) 774-8406 451 [ ll-12j i1:50 00"01'45 941 9'95 082] 0k 06880080(~0006C00 452 11-13 09:48 O0° O1 ' 16 94164~6968 OF, 06880080(D00~8811 ~53 11-13 15: O] O0° ¢31 ' 53 92634864 OK. 068C008~08008A i 5 November 13, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice ,Df Public Hearing to Consider Petition R-97-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, December 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order ~80055! November 13, 1997 Mr. Bruce Anderson Young, vanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Public ]{earing to Consider Petition R-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to attend ~his public hearing. Sincerely, Ellie Hoffman, Depu[y Clerk Enclosure Hovember 13, 1997 Mr. Robert Duane Hole, Montes & Associates 715 Tenth Street South ~aples, FL 34102 Re: Public Hearing to Consider Petition R-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, i998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure November 13, 1997 Dr. Manuel Pena, M. D. 4081 Tamiami Trail North, Suite C~203 Naples, FL 34102 Re: Public Hearing to Consider Petition R-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, i998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the ~aples Daily News on Sunday, December 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie itoffman, Deputy Clerk Enclosure NOT[CE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 13, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Eash Tamiami Trail, Naples, Florida, the Board of County Co~nissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINAHCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COU[FFY, F[,ORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP GGE25; BY C}{;d:GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NAPA BOULEVARD A[H> ?I[;E RIDGE ROAD (C.R.896), CONSISTING OF THE EAST 1/2 ~H.' TRACT 41, UNIT 33, GOLDEN GATE ESTATES, IN SECTION 17, ~70;';[~S}{iP 49 SOUT,:{, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM 'E" ESTATES TO C-1/T FOR A MEDICAL CLINIC; PROVIDING FOR STAFF AHD PLANNING COM/dISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-97-2, Mr. Bruce Anderson, of Young, vanAssenderp & Varnadoe and Hr. Robert Duane, of Hole, Montes & Associates, represent Lng Dr. Manuel Pena, requesting a rezone from "E" Estates to C-1/T £or n m,,':d[cal clinic. Copies o[~ ~he proposed Ordinance are on file with the Clerk to the ~oard and are available for inspection. All interested parties are invined to a~tend and be heard. Any person who decides to appeal a decision of the Board will nee{] 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 ti~e testimony and evidence upon which ttne appeal in based. BOARD OF COUHTY COMMISSIONERS COLLIER COUN'FY, FLORIDA TIMOTHY [,. HAHCOCK, C}{AIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hof fman, Depu ~y Clerk (SEAL) OD, DII'IANCE NO. 98- A~I ORD£NANCE AMENDING ORDINANCE NUMBER 91-i02, TIlE COLI,IER COUNTY [,AND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZO~iNG REGULATiO~.~S FOR THE UNINCORPORATED AREA OF CO~,L[ER CO[JHTY, FLOI~IDA, BY A~.~ENDiNG THE OFFICIAL ZONING ATLAS MAP ~UNEER GGE2[~ BY CHAIqGING THE ZONING Ci,ASSiFiCAT!ON OF THE HEREIN DESCRIBED PPOPKPTY f.OCATED AT THE SOUTHEAST CORNER OF [;APA ~OULEVARD AND PINE RIDGE ROAD (C.R. 896), CONSiSTIUG OF THE EAST ~ OF TRACT 41, U~IT 33, GOLDEN GA2E ESTATES, IN SECTION 1'7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLI,IER COUNTY, FLORIDA, FROM "E" ESTATES TO C--1/T FOR A ~4EDiCAL CLINIC; PROVIDING FO? STAFF AUD PLANNING COMHiSSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DA T E. WHEREAS, Bruce Anderson of Young, vanAssenderp and Varnadoe, and Robert Duane of Hole, Hontes ~, Associates, representing Doctor Manual Pena, petitioned the Board of County Commissioners to change the zoning classification o[ the herein de.scribed real property; l, T}JEiKEFORE Br., iT ORDAINED BY THE BOARD OF COUNTY COMMiSSiCNERS OF COLLIER COUNTY, FLORIDA: Tho zoning classification of the real property as more Particu!arl7 closcribed by E:.:hibit "A", attached hereto and incorporated by reference herein, and located in Section 17, Townshi? 49 South, Range 26 East, Collier County, Florida, is chanqed from "E" Estates to C-1/T and the Official Zoning Atlas Map Number GGE25, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real prcperty is the same for which the rezone is hereby approved subject to the following conditions: a. The conceptual site plan shows two access points from :~apa Boulevard. Access may be constrained '~c a :~ingle point Df entry and exit or to one-way in and one-way out, depending on the final site layout. in an?' event, an access point shall be located no closer to Pine Ridqe Road than the minimum distance spec~ fled in Resolution 92-422, the Collier County Access Management ~o]icy. b. The County reserves the right of access control onto Pine Ridge Road. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the oresc, nce or absence of any median opening at any point along any road frontage of this project or on Pine Ridge Road. c. Substantial competent evidence shall be provided by the j~vr-loo~r_ , ,_ to the effect that the ~roject, is designed tc provide capacity and t~:eatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roa,,',,ay drainage system. d Th.t, ,qour~ty may requ~.re additional right-of-way for the nix-]aning of Pine Ridge Road. The County reserves the right to acquire right-of-way for the Pine Ridge Road project at a fixed cost of land and [m~rovr, m~nts, , ,_ without severance damages at the time needed. The basis of cost for any such acquisition shall be a~ the present market value based on the present zoning or on the applicant's cost ~o acquire the ~'r~ whichever is less e An aT. propriate ?crtion cf the native vegetation shall be retained on site as required in Section 3.9.5.5.4 CCh~7, as amendoci. .;..n ~.:.:ot:]c veqet,',tion removal, monitoring, and matr:'.:enance (e:-:otLc-free) plan for the site, wtth emphasis on the conservation/preservation areas, shall be submitted ~o Current Planning Environmental Review Staff for review and approval prior ~o final site development plan approval. g Buiiding heights shall be limited to one s2ory, not co exceed 25 feet in height. h The maximum amount of building floor area on-site shall not ~'~d i0,000 square ~ i Sermitted principal uses shall be limited to Health Services of the Standard industrial Classification ~-i'~n~;nl (!987 ,>:!it:ion}, groups (80ii-80,19) . ~iou:'s of eperaLien shall be limited to weekdays from 8:00 A.M. Lo 6:00 P.M. and Saturday frem 8:00 A.M. :lo 2:00 P.M. The proposed buildings and site plan shall comply with the criteria set forth in Division 2.8 (Architectural and Site Design Standards) of the Collier County L;3nd Development Code. 1 The Petitioner shall provide a 6 foot tall opaque architecturally designed masonary wall and/or a 6 foot tail opaque landscape buffer or combination of both along tile eastern and southern property J30'l nda r ies. m. The Petitioner shall provide arterial level street lighting at each project entrance prior to the issuance of a Certificate of Occupancy. n. The Petitioner shall provide a five foot wide sidewalk from l0th Ave. S.W. to Pine Ridge ~oad prior to the issuance of a Certificate of Occupancy. SECTION TWO: This Ordinance shall become effective when the comprehensive plan amendment upon which it is based becomes legally effective pursuant to Subsection 163.3187(3) (c), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. BOARD OF COUNTY COMHISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,APPROVED AS 'FC' FORM AND LEGAL SUFFICIENCY HARJO~,I E r,:. ,~TUD~NT ASSISTANT COUNTY ATTORNEY All of Tract 41, Unit 33, Golden Gate Estates, according to the Plat recorded in Plat Book 7, Page 60, Public Records of Collier Count:y, Florida, less and except the following real property: P~'I~ ZI~ SD$IION 0~'15-.2k08 Th~ pa.:'~ of Tract. l,l., U~tt '13, OOLDI~ CAZ£ I~;TATES, & e~bat~l~oa of' o~ Se~..io~ 1l aa4 pa~ of Sectto~ 20, Tov~Jhtp ~9 South, R~n$~ 26 & ~t~ce o~ ~X.O0 feet; ~hcnce ~ ~ ~*3~'2~" W~ ~ ~et~ce of %be ~to~e r~nln~ p~ ~4.~ facili~ co~t~e~ on the ~e ~C~ ~ ~e llo~t~t co,er o~ s~A SeXton 1T; ~ence ~ ~o~ ~e aoz~ l~e o~ a~ Sexton ~o~ ~03~'2k' E~t & ~t~ce o~ 1,0~.~ fe~ 1~.~ fe~; three ~ So~b ~°3~t2k" W~t a ~t~ce of l~.O1 feet; ~ence ~ ~ 00'25'~" ~t · ~t~ce of 53~.13 fee: to & ~int ~ ~e ~ l~e of s~6 t~; ~bence ~ ~ong ~e t~ ~ ~ne ~'31'19= 9~t 1~.~ fe~; ~ce ~ ~0~ 00e2~'~1~ W~% a ~lteCe tbe~e ~ ~0~ ~e2~'~" W~t I ~t~ee of ~k.O0 fe~ to & ~in: om the Xo~ ~ne of sei~ t~t; ~ence ~ ~o~ n~6 ~o~ ~ne No~h ~t. ~ d~t~ce of 2T3.~g feet to the ~ OF Naples DaiLy t~ews t~apLes, FL 33940 Affidavit of Publication eleples Daily ~levs NOTICE OF INTENT TO CONS~OE~ ~A~0 OF ¢OUtHY C~HISS[~ERS ~e Is h~y ATTN: tlAHCY SAL~UB l~ot on TUESDAY, ~EFE~E~CE: ~1230 ~S51 .m c~e ~ 5761;58g I~TICE OF INTEHT TO ~ ~e · N ORDINANCE C~nty of Cattier ~NCE NUMBER apDa)red J~Jtth A. Flanig~n, w~ ~ ~th says that VELOP~AENT CODE, she ~erves as a~ ~jent of the e(apies Daily tlewl, a COMPREHENSIVE dalJy newspaper ~hltshed at rlapLes, in CoL[le~ ZONING PEGULA. (ou~ty, FLorida: that the attach~ copy of t~IS K~ T~ CO~POR~TEO FL~OA, BY AME~. dates [lit~. lNG THE OFFICIAL Colt~er C~nty, Florida, e~ that the said CATIOf4~ Ti(HERE. newspaper has heretofore been cont~n~us[y (N DESCRIBED PR~RTy L~ATEO published in sa~d Collier C~nty, FLorida, each AT THE ~UTHEAST CORNER OF NAPA day end has been enter~ es sec~d class mai[ BOULEVARD AND ~tter at the ~st office ~n Naples, in said PINE RIDGE ROAD Collier C~nty, Florida, fo~ a peri~ of 1 ~ear OF THE EAST I/~ ~ext precedi~ the first ~b[(cation of the TRACT 4~. UNIT 33, GOLDEN GATE ES- attached copy of ~vertisemer~t; ~ affiant TATES, IN ~CT~N 17, further says that she has neithe~ paid ~ TOWN~IP 49 ~UTH, RAN~ 26 EAST, ~romi~ed any person, firm or co~rat~on any L~R C~TY, FL~I- discount rebate, commissi~ or refund for the DA, FROM "E" ' ESTATES TO C-1/T p,JrFese of securing this advertis,Tment for F~ A MEDICAL OLiN- publication in the said ne~spaoer lC; PROVIOINO FO~ ' STAFF A~ FLANNING CO~MISSIO~I STIPULA- PUDLJSH~D 0~l: ~2/2~ TIONS' ANO BY ~O- V~lN~ AN EF~ECTI~ ~ATE. A~n~r0 & V~n~ ores, representing Dr. AD SPACE: 101.~ IflCH I ~t Pe~, FILED Cfi: 12/29/97 ~ C-I/T f~ 0 m~ .............................................................. Signature 0f Af~isnt · / ~ ~eClerk ~ ~d S,~orn to end Subscrl~d before ,~e this ' I d~y of / ~e Inv~ed to ~ena PersonaLly knovn by me, / ~ ~ ~ ~[~' ~ '/ pe~olnlng thereto and ~ref~ex ~v ~ed Is m~, which rec~d OF COUNTY FLORfDA O4A~R ~A N DWIGHT E. BROCK, CLERK A;i OF, D:NANCF. AMENI;IING ORDINANCE NUbtBER ~!!-l/);,'., Till:; tiOI,L[E!?, COUNT'f I,AND DEVELOPMENT ~'~I~t'] WllIC'tl 1.7;'i'A~I,I'.';!tF;I~ Till:; COMPREttENS P',ONIHG RE(;ULA'I'iON~; FOR 'i't11'1 UNINCORPORATED ARI'iA OF COI,I,ii';R COUNTY, FI,OR IDA, BY At,',ENDING Tile OFFICIAl, ZONING ATLAS MAP IltlblBER (;(;E."[. [I':' CIIAFIf;ING TIlE ZONING CI,.q:;:-;IF'Ir;A'~ION OF 'rile itEREIH DESCRIBED t'~-a)~'Ei-',T':' i,OCA'I'[.iD AT 'I'~IE 5OUTtIF, AST (iORI.4EI~ OF ;I.,",.~V,. BCUi,i:F,;'AItD AND PitiI:l RIDGE P, OAD (C.R. :.:96',, CON:;iZ;'FIN(; OF TIlE EAST k. O[.' TRACT ,11, Ut.liT !3, (;OI,[:[::t'I (;ATE ESTAThL2, IN SECTION 1'7, 'i'OWN.~HiP dq SOUTH, RANGE 26 EAST, r:r)I,l,[i.;I; (:OUtlTY, FJ,ORTDA, [:'ROFI "E" TO C-1/T FOR A PlI:iDICAL CLINIC; [~ROVIDING FOR ~;TAFF AND F'I,ANNING COHHISSION :7i'IlX!l,A'I'lOtI5; AND BY PROViDIHG AH EFFECTIVE [Lr',,T E. '.'?liEf.lEA.q, P~ruc<: /,.::de:-so:: of '{o:::~:j, v<'~nAssenderp and Vau::<-icioe, ,:n:t Robe:t: :)il<lit,? o: }{o]c, ~,:ontos 6 hssocLat,2s, representin.':: :)e(:tor bl,'~nual P,~:ta, petit, ionect tt:e Board ot Count. y Com:n[:~..;i<:::,~:::; t_o ch,:nge thc z<min9 cl<~ssificat:ion ~;f the describ,url :,::,,1 p~opeut:?'; NOW, T~IEREFORE I~E .[T ORDAINED BY TttE BOARO OF COUNTY S EC'i': ()',! ONE: The ::on nq classification of the ~eal properly as more par~iqul~r!v d~sc:~fb,.~d by E:-:hibi[ "A", aZLachod hereto and 7'ov;rt:;hio .iq ::::utth, R,'~t:q,-~ ~76 Ens:, Collier County, Florida, is ch,:rtg<:,_i f:<-:a "F:" :::st:at,rs to C-.i,,'T and the Officia[ Zoning Z:la.s Country I,and i?<:velopment. Cocle ts hereby amencted accordingly. The herqln ~lescribed real properZ7 s the same for which the rezone i.s h,~::,'~b':., apptoveci sut:~ecl: to the following conditions: a. The conceptual site pi. an shows two access points f~om ~lapa Boulevard. Access may be constrained to ~ single point of entry and exit c~ to one-way in and one-way out, depending on the final site layout. in el, ny event, an access point shall be located no ui:.,r~,'~r to Pine i![dge Road than the minimum distance :;r,ec:i[ied in h,~solution 92-422, the Coil [er County 12B 1 b. '['tie Count',/ reserves the [icjht of ac(.:©.,;s c:nnt.,:o[ [~i~,'~ Ri~lq,~ Ro~t. Not_i~ing ~n ~ny development permit i:~SL~O,-! b'/ the Co~nt:y sha[i operate to vest any r~gh~ '.~ a :nedian oponinq Jn LhJs p~o~ecL, nor sha~ ~:~::'~t.,/ be liab.ie ~or any c.laJm o¢ dam,~qor~ ~]t.le to ~rq.~;o~c(~ or ab{~(][/(:e et any reed Lan open ~ ~1(t aL any point a~ong any road frontage of this project: or on i'ino P,i(Iqe Road. ,:. ;:;~i)sLantia~ competent evidence sha!i b,~ nrc. vid,mi ~!e:~tgt/,:d t.o p[ovLde capackLy and Lreatm,-~:~1 for ~i:~:ortc:al roadway runof[, in nclditir.n, site ,irai:~n,:e. r-:.l'i~ll not be permitted tn 4is?hnr~e dL[ect! i:it r,, ~:'1',' 'zozidwa~ drainage system. '?}1.% CqNrlt'/ ma'/ :-qquire aclditLona] riqht-of-way for the ~;i:.:-lantnq n[ [:'~ne R~dqe Road. The {:ounuy ::,-)serves ~h,:, riqht to acquire right-et-way for the Pine [<idge Road pro-ecl at a ~;-:ed cost o~ land and impro'cements wi thouL severance damages at the time ne<:ded. The basis et cost tot any such acquisition :~i~al 1 be at Lbo Dr( .... ~,l[ ma _ - -~,-, rke~ value b~sed on the :~l-,~:x.~n~ non{ng or on tho appi/cant]'s c:.osL to acqui ! ~:,) l,~,'-,, w!~i(:hever is i,-.. r.~ained on sil:e ~ls ~'equ~red in Section r'r"; 1~., as am,~ncled. ma.i:~t'en,'~nce (e;.:otic-~ree) elan [o~ the sit_e, omr;hisi5 on the conservation/preservation areas, ;~il,!inq heights :',h:,li 0e iLmited Le one story, not: L-~ -,..;-.,-w,-I .~n fc.,,t in h. 'i'h,s m,~:.:imum amotlrlt o~ building f'oor area on-s~t.e r~h,~l i ~lot/ ,)>;c(~,iy(~ 12, 000 square i. Permitted princLpal uses shall be limited to tiealth hi~n~:ai (i(~'~ e.::iit ion), qroups (8011-8049) . ~u;t:-~ o! ~)[~er.:t io~ shal! bo limit:ed to weekdays from '.::(~n A.N. to ?.:n'~ p.?,. 4nd '~,~t urday from 8:00 '2'"' z~r.z:posed ir.;' Lciinas and site plan shall comply v.'ith the criteria set for.th in Division 2.8 ....... ~t,z. s,qn .:,tanclards) of the ~:,:,i i ier Count:,: '.:~nd Dovolopmon'- Code. i. 'Fho I'et: i t_ i onet sh.~ i 1 ,orovi ci,~- a 6 foot_ tall opaque ;,.-,t tal 1 o[)a<U~o i .r',rlscano v '~I'.2:' .' . .~., or combination of m. The Petiti. oner shall provide arterial level street l iaht:ing at each project emtrance prior to the is::~ance of a Certificate of Occupancy. n. The Pet[tioneu shall puovide a five foot wide ~ewa~k [rom ]0~'h Ave. S.W. to Pine Ridge Road prior to the ~ssuanco of a Certificate of Oc(:upancy. SECT[O:: TWO: T~:[s O~d[nancn n~al] become ef[ecl'.~vo wheTi I. he compreh.'_.:~s[ve plan amendment upon which ~t is based ~ecomes legally ,'.: ~.'~:'L~ve ?'.urs~ant to Subsection 163.3~87 (3) (c) , P,n,:;:;Hh A~[) DU[,Y ADOPTED by the Board of County Cornm~::Jo[~e:s e[ Collier Courlty, Florida, this .... 2'___ day of ................ , !998. BOARD OF COUNTY COHMISSIONERS COLhlER (iOUNTY, FhORIDA ,rd'TEST: DWIGHT E. [~ROCK, C[,ERK ?tPP[~,O":[il[l ,,'~S TO ["ORH AND LFGAL SUFFICIENCY ~SS[STA:Fi' ~'( '!:;TY ATTORNEY All of Tract 41, Unit 33, Golden Gate Estates, according to the Plat recorded in Plat Book 7, Page 60, Public Records of Collier County, Florida, less and except the following real property: 55.9g re~ to a ~t ~ ~e Zo~ l~e o~ s~6 Se~lo~ ao~ ~03k'2~" E~t · ~t~ce of 1,O~.~ fee~ ~ ~o~ the ~t ~e of a~t6 trot ~ ~a28'~1" g~t & ~st~ce of 1~.~ fe~; three ~ So~h ~'3&'2h' W~t a ~t~ce of 15,01 feet; ~enc~ ~ ~ 00e25'~" Eu: a ~t~ce of 53h.13 feet to a ~int ~ ~e ~h l~t o~ s~6 t~; ~cnce ~.~6 fe~; ~h~ce ~ ~0~ ~e~k'2k~ E~t t ~at~ce of 55.9~ feet.; lhe~e ~ Mo~ OOe2~'~ the ~o~ ~ne of said tr~t~ ~eucs ~t · ~ce of 2T~.B8 fee: to the ~ OF ~G. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial. Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-3 Which was adop[ed by the Board of County Commissioners on the 13th day of January, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Co~nissioners of Collier County, Florida, this 14th day of January, 1998. DWIGHT E. BROCK Clerk of Courts and.~lerk Ex-officio to Board'of County Commissioners By: Maureen Kenyon '.' Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOIl LE(;AL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to tlleBuard: Please l)lace thc following as a: XXX Normal legal Advcrtiscmcn~ ~ Olhcr: (Display Adv.. t~ation, etc.) Originating Dcpd Div: Comm. Dcv. Sc~'./Plannin.g Person: Petition No. (If no~e. give brief description}: PUD-g4-23( t Petitioner: (Name & Address): Thomas W. Olliff Adminism~lor, Collier Courtly Public Sec'ices, 3301 East Tnmiami Trail, Naples, FL 34112_. Name & Address of any person(s) ~o be notified by Clerk's O~ce: (If more space is needed, aunch separate sheel) Hearing ~fore XXX BCC BZA Other Requested ticaring date: X~~ Based on advc~iscmcn[ appearing 15 days ~forc hearing Newspa~r(s) Io be used: (Complete only if imporlant): XXX Naples Daily News Other ~ Legally Required Pro~scd Text: (Include legal description & common l~afion & gizc: Pcli~ion No. PUD-g4-23(I ), Thomas W. Olliff, Adminislrnlor of Collier County Public Sca'ices i~rcquestin.R an amendmcnl Io Ihe Easl Naples Communilv Park Planned Unil DcveloRmer~cli~7~ 3.2 -l;5gs Pcrmillcd Io add "monopolc commuuicalion lowers" as a ~rmillcd usc for pro~v l~alcd soulh of Thomasson Drive and Io Iho south and east of Avalon EIcmcnla~' School in Section 2a, Township 50 South, Range 25 Easl, Collier Cou nt~orick~. Compamon ~tition(s), if any & proposed hearing da~e: D~s Pcfi~ion Fee include advertising cosl') ~ Yes ~ No J~'os. x~hal accotllll should be charged for advertising costs: i 13-138323~,49 I Reviewed by: Approved by: Division Head Date Counly Manager Date List DISTRIBUTION INSTRUCTIONS A. For bearings before BCC or BZA: lnltiatin~; person to complete one coy and obtain Division tlead approval before submitting ~o County Manager. Note: If legal documeut is involved, be sure tha~ any necessa~' legal review, or request for same. is s.13mitted to County Attornev before submittin~ to County Mana~er. Tbe Manager's office will distribute copies: ~ Count.,,' Manager agenda file: to ~] Requesting Division ~ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's O~ce. retaining a copy for file. ~'OR CLERK'S OFF~CE USE ONLY: Date Received: /J -. ~ ' Dale of Public hearing: ? //f~/%P- Dale Advertised: / >~/~ 5 .G- FROI. f: ~TION: (:oilier Co~'~ coU~house ,~ ~ .6: (8~3) ~7~-84o8 ~ _~aO~',O: (813) 774-8&06 498 12-08~ 1~: 18 O0*O! '51 92634864 9414353127 CJK 2 0688088000001~I December 8, 1997 Ms. Judith Flanagan Naples Daily News !075 Central Avenue ~,:aples, Florida 34102 Re: Notice of Public Hearing ko Consider Petition PUD-84-23(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, December 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Tra[!, Naples, Florida, the Board of Coun%y Co~nissioners will consider the enactment of a County Ordinance. The meeting will con~,ence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER ~4-'70, AS ;d~ENDED, THE EAST NAPL, ES COMMUNITY PARK PLANNED UNIT DEVELOPMENT (PUD) BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO PARAGRAPH A, PRINCiPAI, USES OF SUBSECTION 3.2, USES PERMITTED; SECTION TWO, AMENDME~fTS TO SUBSECTION 3.3.5, ~tAXIMUM HEIGHT OF SUBSECTION 3.3, REGULATIONS; AND SECTION THREE: EFFECTIVE DATE. Petition PUD-R4-23(1), Thomas W. Olliff, Administrator of Collier County Public Services, is requesting an amendment 2o the East Naples Community Park Planned Unit Development, to add "monopole communication towers" as a permitted use for property located ?:ouLh of Thomasson Drive and to the south and east of Avalon E!emen[a~.>' School in Section 24, Township 50 Sou~h, Range 25 East, Co,lief County Floui. da. Copies of %he proposed Ordinance are on file with the Clerk zo the Board ,~::d are available for inspection Ail interested parties are invited ~o attend and be heard Any person who decides to appeal a dec~sion of the Board will need a re¢:,-,rd of~ r_he proceedings pertaining thereto and therefore, may need to ens~:re that a verbatim record of the proceedings is made, whici: reco~.d includes the testimony and evidence upon which the appeal BOARD OF COUNTY ~;OMMISSIONERS COhLiER COUNTY, FLORIDA TIMOTHY h. i{ANCOCK, CHAIRNL~N DWIGHT E. BROCK, C[,ERK By: /s/Ellie Her ~man, Deputy CLerk (SEAL) Decembe~ 8, 2997 Mr. Thomas t'l. Olliff, Administrator Public Services Division Collier County Governmen~ Complex 3301 East Tamiami Trail Naples, Fh 34112 Re: P~:blic ~learing to Censider Petitien PUD-84-23(1) Please }De advised that the above referenced petition will be tens[tiered by the Bear([ ef Ceunty Commissieners o~1 Tuesday, January 13, 1998, as indicated en the enclosed notice. The ].egal he,ice pertaining ~:e this petition will be published in ti~e Naples Daily News on Sunday, December 28, 1997. ':'ou are invited to attend this public hearing. Sincerely, Ei].ie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE 8,1-'10, AS ~,.~.Ih. ND~,;, TILE' EAST HAPLES COMMUNITY PARK Ui,ANNRD ~bllT DEVELOPMENT (PUD) BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO PAIbV~P. AF[~ A, PP,[NCIPAL USES OF SUBSEC'i'ION ~.2, ~:;[:U~ PERFI[TTED: SECTION TWO, ..',.:.:ENDt'IENT:; TO SUBSECTIOH 3. 3.5, HAXIMUFi ~{Ei'ZWI' f'F SUBSECTION 3. 3, REGULATIONS; AND :~?iCTiC",i 'i'!{FEE: i'iFFECTiVE '.?ATE. VI{EFKAS, ,';: '3c:tober ', i)8,I, the Board of County Commi. ssioners a[)~3rc'.',~,'~ ',~['cJJnal~:,, :;tim~t,r q,i-'/('), 'whlc'~ approved the E:,~s~ Naples Ccrnmur',i2':; ?ark ["!a~me,J Unit Developue ~2 (PUD); and )'~il[.:FJ-:?,.3, ':'h:bmas t*:. OL[iC::, Admi~is' uaLor of Public Services pe~t.](::,ne, t l. he [~,'aud et CourtLy Comm.tsslone~s of Co[].Je~ County, F~or~da NOW, THEREFORE BE IT ORDAINED, by t:he Board of CounEy Comm&sszoners of Coliie:' County, Florida: SECT'JON Q:IE: ?..b!['HIDMENT5 TO PARAGRAPH A, PRINCIPAL USES OF SUBSECTION 3. , boEb PERH!TTED Para~:raph ;...:~ntitled "Principal Uses" of Subsection 3.2 entitled "Uses Perm~ut. ed" of the Eash Naples Community Park PUD (Ordinance 8,1-7C, as amend?i), is hereby amended ~o t-ead as follows: .:1) FlonoDole lo~unicazion Towers. SECT'OH T?;O: AFIE?}DMENTS TO SUBSECTIOII 3. 3.5. - MAXIMUM HEIGHT The :'.;:;sec' :on enLz~ied "Maximum Heiuht" of the Section entitled "Rent:la'! .:::~" .'.: t. he East Haptes Community Park Planned Unit Development (O:c::ta::c:, :iQ. ~.;.]-7.:'~, ,ts amended) , is hereby amended [o read as C. r'~nmmu::: ',-,t:ion ';'~','"r?: One-hundred fifty iS0) feet. SECT/OH THREE: EFFECTJVE DATE '7hfs C:.'di'.u~;~ce :4hal i become effective upon f Linc: '.~i~h t. he Department. of StaLe. Words :;truck through are deleted; words under~in~d are added. ?ASSED .,z.:~D DULY ADOPTED b7 the Roard of County Commissioners of 2oi'~!e:' ,l~t;n~:,/, ["]o';ida, this ___ c,a¥' of , lq9e. ATTE'ST: BOARD OF COUNTY COMMISSIONERS DWIGHT ..?, ;,.r CLERK COhL]ER COUNTY, FI,ORIDA BY: CHAIRMAN A?F-ROVED :'..S T'3 FORM AND LEGAL SUFF.'iiENCY: ASSiST,n. NT COU',;T':' ATTORNEY Words struck throuqh are deleted; words underlined are added. [ -2- Naples, FL 33940 Affidavit of Publication Naples Daily News NOTICE OF iNTENT 130ARD OF COll~l'~ COMIiISSIONERS TOCONSIDER ORDINANCE ATTI.~: iqANCY SALOC, IJB Notice is hereby given PO BOX l.!3016 thol on TLIESDAY, JANIJAR'f 13, I~8, in ~;APLES FL 34101-3016 ~rdr~m 3rd Flor m n str~ on Bu Id~ng, Col- lier C~lniy Go~e~m~ Ce~er 3301 EosI Tomi~- mi Troll, Nople~, ff~e B~d of C~Y missIoner~ will c~slder REFERENCE: 001230 800551 me en~imeni of u OrdJn~ce. The meeting 57615072 NOTICE OF INTENT TO wllJ commence ~ A.M. The ~e of of pr~s~ OrdJl~nc~ JS Count7 of Collier AN ORDINANCE AMEKDi~iG ORDI. ~efore the tJnders ),jn~d author i fy, personal ly N~NCE NUMBER appeared J~d~Lh A. FLanig~i~, who on oath says that EASTAS A~ENgEO,NA~LES THE COM. ser~es as ~n agent Gl ~he N~pLe~, D~ily )ie~.~, aj ~UNITY PA~K daiLF ne.,r, pa~er published at ~iaples, in Collier ~ PLANNE~ UNIT ~E- VELOPMEI~T / SECT)ON adver't~s~ng was published in said newspaper on ;,.MENOMENTS da t e s I i s ~ ed. PAR AG~ APH SUB- Affiant further s~ys ~hat the sa~d Naples Daily CIPAL U~S ~PRIN- SECTION 3.2~ Ne~,s ~s a newspaper pt~bLished at Haples, in said PE~MITTEO; ~CTION Collier Count7, Florida, and that the said TWO: A~ENDMENrS TO SUB~CTION newspL~per has heretofore been continuously MAXIMUM HEIGHT OF published in said Collier County, Florida, each SUBSECTION 3.~, ULATIONS; AND SEC- day and has been entered as second class mail T t O ~ T H R E E : ~atter at the ~)st office in Naples, in said EFFECTI~DATE. t Petition PUD-~4-23(l) CoLLier CountT, FLorids, for 8 peri~ of 1 7esr Tho~s W. 01~1~, next preceding the first publication of the ~m~or of C~ller Cou~ ubilc Services, I~ re- attached cop~ of 8dvertisement/ and ~ffi8nt questln9 on amendrne~ to the EDit N~les Com. furthe~ s~7s that she hss neither paid nor mun~ Pork Plonned UnH promised 8n7 person, firm or coporation 8ny Oevel~ment,~d"mm nopole communlcotlon discount, rebste, commission or refund for the towers" as a ~rmJ~cd put.se of securing this advertisement for : use fo~ ~K~e~ I~ed ~ of Thompson Drive publication ~n the said ne~spsper, and to ~e ~o~ ~d ~t PUBLISHED O~l: ~/2~ School In Soction 24, To~)~tp ~.S~, Ron~ 25 EDit, C~ller Cou~ ' C~les of the pr~d ) Ordl~nce ~e ~ file w~ ~e CI~ ~ ~e B~d and tlon. All h~ereited ~e invJ)~d to ~nd ~ AD SP~CE: 9~.0~ INCH FILED Orl: ~2/~9/97 Any pe~ ~o es fo ~peol a ~clsl~ of ...................................................................... the B~d will ne~ a c~d of the precedings ) pe~olnlng thereto and Signature of Affisnt ~ ~. ,., ~eref~e~ may need ~ " ensure ~ a ver~lm rec~d of ~e pr~eedin~ Sworn to 8nd Subscribe~ .before me this - J d87 of - ~ ]9 ~ ,~ Is m~e which rec~d ' '-- .~ . ~] clu~s ~e tes~y and ' , '/ [ evide~e up~ which ~e Personally known by ,ne"'-~ ~.~t ~ ' /~T~~ ~/Ll~yt . . FLORIDA TIMOTHY L. HANC~K, CHairMAN gWIOHT E. ~ROCK, .: (-'.~.:~". JOYC~ ~. ~IER CL.E~K :-'.,.- A '.~'.~ ~110, ~ C~ ORDENANCk7 NO. 9~- 4 AN ~.',D~I,IANCE AH£I~ID[NG ORDENANC!~ ~4-70, AS AE!F, NIq:;D, TIlE EAST NAPLES COMMUNITY PLANNED [;NIT DEVE],OPMENT (PLD) BY bRO'.,'I[¢INC; FOR: 5ECTfON OHF,, AHEHDMENTS TO '.'.'TP,"'.~["A[3H A, PR[t. JCIPAi, JS[:;S OF StlBSECT~ON J;i'F;T2()H THREE: EFFECTIVE DATE. W~ER~.iA'.7, on October 2, 1984, the Board of County Commissioners approved ~iinan,;:.? N~imber 8.1-70, which approved the East Naples Commnrlltl'/ Park: Pl~nned Unit Development (PUD}; and ','iHNNEAS, 'i'}:~::'m:'~ W. Oil.iff, .;.,dmir:is~rat. cr of Public Services petlCionr:.:i th:, N: ,',i off County ':omr~issioners of Collier (ounZy, Florida zo amend Ordiri~ce Number 84-70, as set forth be[ow: NOW, TilKREFDRi-: ~I~ rT OR[)AI,,:,~., b)' the Board of County Commissioners of Collier Coun2y, SECT~Ot: ONE: AblEIlDHJ.iNTS TO PARAGRAPH A, PRINCIPAL USES ON SUBSECTION 3.2, US~S PERH]TTED Par,!-ira~)}i ,sk ortkitllod "Principal Uses" of Subsection 3.2 entitled "Uses F'e::uj:' ,h.i' o:' : he Ease Naples Community Park PUD (Ordinance No. 8.1--76, as a:r',endod) , Js ~ereby amended to read as follows: SE'ZTiO~i TNO: AHf.iNDNENTS TO SUBSECTION 3.3.5. - MAXIMUM HEIGHT i'he Subsect2ie;~ entitled "Naximum Height" of the Section entiz!ed "Neat:Ia~i(r:r~" r:l tho [{ast Naples Commun:ty Park Planned Un~ Develcpmen2 (Ordinance No. 4,1-7 ~, as amended), is hereby amended 2o read as follows: 7. f'wumjnk<:attion Towe:s: One-~ undred fifty (150) feet. o..C: ~,~,: 'FH:~:.'n': .... i'iFF~'~CTr'':',,, [)ATE This (~:,i[~am:e shall become effective upon filing with the Words struck throuqh are deleted; words underlined are added. 12B 2' .P.:~IL;F.P .:,2i[~ [~:',i,':' ABO?T[-:[O by the B,ua~'d o£ County Commissioners (:oilier <'~,u::tT, ["',~,: ida, this ';' clay of .;,, .. ." , 1998 AT'i'E[;T: I~OARD Ot.' COUNT'f CONM1SSIONERS . ,,:,,,).b, Ci,!.H~K COLLIER COUNTY, FI,ORII)A APP~.OVED ?,.!~ TO FO7-'.< LEGA!, .,,, FF; C i 7-57;':': Words struch throuqh are deleted; words underlined are added. -2- !2B 2 STATE OF FLO~IDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-4 Which was adopted by the Board of County Commissioners on the 13th day of January, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 1998. DWIGHT E. BROCK ..- ........ . Clerk of Courts .and.C'i'erk' Ex-officio to Board'.df County Commissioners By: Maureen Kenyon Deputy Clerk iIlll lllllllllllll !llllllIlllllllil l lli-l'iilIllllllll lll ll t _ _ su.n~ s.,.o. Fn~u~ -mmu'rss ~ p. sco~s { .. LO~TIOIIt Collier Co~ cou~house ~ N6: (aZ3) 774-8408 , " 466 J~'O 12:22 00"0~'09 - '92E, 34864 j ,si,: 068CS08800008Aii ~ 46%_[_.~i-28 12:55 80" 02' eS 192634864 / ,5~ 868coose~oes~ i 4J November' 20, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-97--7 Dear judi: Please adYer, tise the above referenced notice one time on Sunday, December 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to ~h~s offEce. Thank you. Sincereiy, Eilie Hoffman, Deputy Cle~-k ~uTch~se Order No. 8005St 12B3 November il0, 1997 Mr. Fred Reischl Communiky Development & Environmental Services Divisien 2800 Norzh Herseshee Drive Naples, Fh 34104 Re: Public Hea¥ing te Consider Petition R--97-7 Please Lie advised that the above referenced petition will be censide::ed by t~he Beard e[ Ceunty Commissioners on Tuesday, Januar}:, .!.3, i{_}~°$, as indicated on the enclosed notice. The leqal r'~ekice pertaining t-o this petition will be published in t]-':e Naples Daily News on Sunday, December 28, 1997. You a~-e invited te a~]tend this public hea~-ing. Sincerely, El. lie J{effman, rM~put:y Clerk Eno i 0 ::; LI :'P NOTICE OF INTENT 'TO CONSIDER ORDINANCE Notice i:~ hereby given that on TUESDAY, JANUARY 13, 1998, in the Boardr ',om, 3rd Floor, Administration Building, Collier County Government CenUer, 3301 East Tamiami Trail, Naples, Florida, the Board o[ CourtLy Conm~issioners will consider the enactment o[ a Coun~.y Ovdina~ce. The meeting will commence at-. 9:00 A.M. The AN ORDINANCE AHENDING ORDINANCE NUMBER 91-~02, THE COLLIER COUNTY hAND DEVELOPMENT CODE, W}{ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS NUHBER 0629N AND 0630; BY CHANGING THE ZONING CLASSIFICATION OF THE .{~Rm~N DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT EAST), iN SECTIONS 29 AND 30, TO%'~SHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 64.8 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-97-7, Community Development & Environmen[al Services Divis{.on, representing the Board of County Co~i. ssionet's, requesting a re;tone from "PUD" Planned Unit Development ~o "A" Rural Agric~:lt'~ra! ?o~ ~he Naples R & D Park at Lely PUD. Copies ef r. he pr'oposed Ordinance are on file wiuh the Clerk uhe Board and a~e available for inspeczion. Ail in~.erested park',:s are ~nv[ked [_o a[tend and be heard. Any person who decides to appeal a decision of the Board will need a record o[ the proceedings per[aining thereto and therefore, may need to ensu:.',e khah a verbatim record of the proceedings made, which :ecot'i includes ~.he testimony and evidence upon which [.he appeal. [s La; 2d. BOARD OF COl/BT'? COHMiSSIONERS COLLIER CO[]NTY, !-'LORIDA TIMOTHY h. ' .... r .... ~.-, DWIGHT E. BROCK, CLERK By: /s/Eilie Hoff fman, DepuZy Clerk (SEAL) ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 9!-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPe\TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP t~L)MBERS 0629!] AND 0630; BY C~tANGING THE ZONINC; CLASSIFICATION OF THE HEREIN I)ESC!IlBED t/EAt PROPERTY FRO~i "PUD" PLANNED UNI. T DEVELOPMENT KNOWN AS "NAPLES R&D PARK .,',.T hEl,'f PUD" 'FO "A", FOR PROPERTY LOCATED IMI4EDIATELY SOUTH OF U.S. 41 (TAMIAMI TRAIL EAST), IN SECTIONS 29 AND 30, TOWNSHIP 50 f~OUT}{, $.ANGE 26 EAST, COLLIER COUNTY, :--'LO~7LDA, CO:~SISTING OF 64.8 ACRES MORE OR i. ES!~; AND ,r~':, PROVIDING AN EFFECTIVE DATE. WHE}<EA:~, .';.:-. Ma',' 6, 1986, tl~e Collier Count}, Board of County C~:.~m:ssi.on,.~r~ approved Ordinance Number 86-13 changing the zo;~if,{: cias~:fftcation of the herein described puoperty from "A-2" Rura.] AarLsuitt~rai ~o "PUD" Plar~ned Unit Development known as "Lei¥' [{esearch a Development Park PUD"; and WHEREAS, o:~ November 8, 1988, the Collier County Board of County Cemmissi ~]~ets approved Ordinance Number 88-24 w[lich amended Ordi:-~a~ce N'.:mber 86-i3 and changed the name of the PUD to "Napie:~ ~&D ['a~:].: at Lely PUD"; and WHEP. EAS, o:i October 30, 199!, the Collier County Board of County Co~ylissior~ers adopted Ordinance 91-102, the Collier County i.a[~d [.~ev,zlopmen~ Code, including Section 2.7.3.4, Time Limits :or Appr~)ved PUD Master Plans; and W~{f'i~IEA~;, on February 18, !997 the Collier County Board of County ([ommls:sioners approved Resolution 97-92, pursuant to Section 2.7. 3.4 of ~he Land Development Code, Time Limits for Approved P?D N,~ster Plans, requiring the property owner or agent of r. he :~aple~; R&D Par~: at Lely PUD to submit an amended PUD ~o tho Plan::ing Services Director prior ~o August 18, 1997 im orde: Lo cause said PU[~ re become consistent with the Collier County Growth b]anagement Plan; and WHEREAS, a:~ amendment to the Naples R&D Park at Lely PgD was mot receivecf b)' zrte Ptar, ning Services Director prior to August 18, 1997; and 12B3 WH£REAS, Community Development and Bnv~ron~en~a~ Division, repzesentirg ~he Collie~ County Board oE County Comm~:~slono:-.-~, ?etitLoned Lhe Board o~ County Commissioners change the ::q,'.~ing c!assifica~ion of the hereLn dcscribed real ~rcper~.y, attached hereto as Exhibit "A"; and ,cc~ ......... e,J tho ~oard of County Con~issioners :ezone the ~,lat~[,~s [~.sD ~',~:-'..: ar. Lely FUD [~om "2UD", ~[anned Uni~ Devel,s~me:~t t-a "A" [{ural Agriculturai; XCW, 7~:ZF~EF,%,[%E Dkl !T ORDA!::ED BY THE BOARD OF COUNTY COMMiSSiONERS ~3i.' {lOLL!ER COUNTY, FLORIDA; SECTION ONE: The 2onl:ic Classification of the real property located in Sections 20 :,nC l0 , Township 50 South, Range 26 East, Collier County F[o: !.~a, is changed from "PUD", Planned Unit hevei>?xw,,,t .~:~c.'...'r] ,lc PL~]ples R&D Park at Lely to "A" Rural Agric':'.tut-nl, tn acccrdance with Section 2.7.3.4 of the Collier Count'/ h,qnd Cevelo?ment Code, Time Limits for Approved PUD Maste~ [~lan:~. The Official Zoning Atlas Map Numbers 0629N and 0630, as desct~ibed in Ordinance 91-102, the Collier County Land .... , ..... ~re ebv amended accordingly. SECT i ON This Crdir.,~nce shall become effecsive upon filing with the Departmen~ c~ ..........::nc2=~. .:-.i~i 2;ULY ADOPTED by the Board of County Comm::~stone:s 'f Collier County, Florida, this day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman ATTEST: Apprc'.'es .:s -,- Form and Legal Sufficiency: Assi£tant C~u',~%':' At%orney D~tscriation of dart of the north 1/2 of Sections 29 and Tc,'~nsn~o ~ South. Rondo 26, East, Col~-~er County, floria~ FOR: Lely Estates, Inc. All that Dart of the north 1/2 of Section 29 and 30, TownShip South, Ranae 26 East, Collier County, Florida Deln~ more pa~cularlv descr2Sed as follows: Commenc2n~ at the northeasterly corner of Block "D" of MYrtle Cove Acres Unit No. 1 according to t~e blat thereof as record'~-~ ~n Pla~ Book 3, oa~e 38 Public Records of Collier County, Florida: -- Thence alon~ the southwesterly right-of-way line of U.S. 41, (Tamlam~ Tra~l) NOrth 39'---04'-00" West 247.15 feet to the easterivmost corner of that land as described in O.R. BOOK 679~ Pa~es 170 tnrouon 172 I ~nciuslvet, Public Records of Collier Countv, Florlda: thence alone the boundary of said land in the followinc two descrlbe~ courses: (1) South 500---56'-00" West 300.00 feet: '(2) NOrth 89R-35'-00" west 961.97 feet to the west line sa~ ~ano and t~e POINT OF BEGINNING of t~e oarcel herei~'~ described: ~nenc~ continue North 890---35'-00" West 1540.16 feet: thence No,tn 0'---25'-00" Eas~ 1000.00 feet: thence SOUth 89'---35'-00" East 432.18 feet: thence North 0'---25'-00" East !00.00 feet: thence South 89°--35,-00', East 592.98 feet: thence North 0~----'k'5,-00'' East 79.78 feet; thence nortneriv and northeasterly 473.89 feet alone the arc of a c~rcuiar curve concave to the southeast throuon a con,roi ancie of 50~---31'-00'', navlno a radius or 537.49 feet and De~n~ subtended by a chord Which bears NOrth ~°u---40'-30'' East 458.69 feet; thence NOrth 50°---56'-00'' East 274.93 feet to the Soutnwesteriv r~ht-~-~-wav line of U.S. 41 (Tamlam~ TraiI); thence alono said riGht-of-way line, South 390---04,-00', East 1298.05 feet; thence leavln~ said riuht-of-wav line, South 3~°---17,-25- West 581.30 feet to the nortneriv line of that land as described in said O.R. 679. Da~es 170-172; thence alon~ said northerly line, North 890--]5,-00" West 348.55 feet to the northwest corner of said land: thence alon= the west ~-~ne of said land. So~-~h 2°--48,-13" West 308.99 fee% to the southwest corner of sa~d i--~-~d' and Point of Be~lnnlno of the oarcel herein described; subject ~o easements and restrlctlons of record: conta~n~nu 56.8 acres more or iess. ALONG WITH Description of Dart of Section 30, Townshio 50 South, Rand, 26 East. collier County, Florida 8+ Acre OutDarcel All that uart of Section 30, Township 50 south, Rondo 26 East, Collier County, Florida beina more Particularly described as follows: ~ommenclno at the east 1/4 corner of said Section 30; thence alone the sOUth line of the north 1/2 ~-{ said Section 30, North] $9u----~5'-00" West 1510.16 feet to the POINT OF BEGINNING of ~he oarcel here~n described; thence continue aiono said line, North 890---35'-00,, West '~35.60 feet: thence leav~nq ~aid line, North 0~-25'-00" East 800.00 feet; thence Soutn ~'-00" East 435.60 feet thence South 0~0" West 800.00 feet to the Point of Beq~nnzn~ of the oa rc-"~'~' here~n described: subject ~o easements and restrlctlons of record: contalnln~ 8.00 acres more or iess. -- Exhibit "A" REQUEST FOR LEGAl, ADVERTISING OF PUBLIC IIEARINGS To: Clerktothe Board: Please place the following asa: XXX Normal legal Advcrliscmcnt [] Other: (Display Ad,,'., location, cie ) Originating Dcpt/Div: Comm. Dcv. Scr,.'./Plannmg Person: Date: //' '~ Petition No. (If none. give brief description): R-97-7 Petitioner: (Name & Address): Community D~'elopmenl & Environmental Sen'ices Division, 2800 N. Horseshoe Drive, Naples, Flor/da 34104 Name & Address of any person(s) to tx: notified by Clerk's Office: (If more space is needed, attach .separate sheet) Hearing before XXX BCC BZA Other Rcqucstcd }leafing date: [ ~ ~ ~ Based on advertisement appearing 15 days before hearing. Ncv,'spapcr(s) to be usc& (Complete only if imporlant): XXX Naples Daily Ncws Other [] Legally Required Proposed Tcxl: (Include legal description & common location & Size: Petition No. R-97-7, Cmnmunity Development & Environmental Services Divi[i_o.p., representing the Collier Coonlv Board of County Commissioners, requesting a rezone from "PUD" __Planncd Unit Dcvclo[m~cnt to "A" Rural _Agricultural for thc Nnplcs R & D Park at Lei,,, PUD, located immediately south of U.S. 41 (Tamiami Trail East~ in Sections 29 and 30, Townslfip 50 South Range 26 East, consisting of 64.8 acres more or less. Companion pctilion(s), if any &proposcd hearing date: Docs Petition [:ce include advcmsing cost'? ~cs [] No If Yes. v, hat account should be charged for advertising costs: ,13-,3~323-649, ,0 p,O, .~ 0000~~ Approvcd by: Rcvicwcd by: Division Head [):lie Cou~ll¥ Manager Dale List Attachments: DISTRIBUTION INSTRUCTIONS A. Forhearinl2, s before llCCor 117.A: Initiating person Itl cumplete one co)' and obtain Division ilead approval before submitting ltl County Manager. Note: ifle~aldocument is involved, he sure that any necessary legal review, orrequest for same, is submitted to County Attorney hcfm'e submitting to County Manager. The Manager's office ',,,'ill distribute copies: [] Count)' Managera~endafilc: to [] Requesting Division []Origlnal Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFF!CE USE ONI,y: Date R~clvcd' ?'/"' "'/,"'-'T)a/e of l'ublic hearing: / /2" /':' Dale Advertised: /." ' Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News gOARD OF COUHTY COMHISSIOHERS ATTN: NANCY SALOGUB NOTICE OF INTENT PO BOX 413010 TOCONSIDER ORDINANCE NAPLES FL 34101-3016 Notice Is hereby given ~hot on TUES.)AY, JANU- ARY 1], 1~8. In B~r~m 3rd FI~, Ad* mlnls~J~ Building, er C~ ~vernmem Ce~er 3301 Cost TomIo- REFEREHCE: 00~230 800551 rni Troll, Naples the B~d Gl 'Zou~ Com- J 57614629 NOTICE OF [N[ENT TO mlssloner~ will c~lsl~r ~e enD, merit of O Coun~ Ordl~nce. The meetln State of FLorida will commence ~ County of Collier A.M. The title of of pr~s~ Ordlnonce Is Before the undersigr, ed authority, personally follo~: appeared Judith A FLanigan, who on oath says thal AN ORDINANCE · AMENDING ORDI- she serves as an agent of the riapLes Daily News, a NANCE NUMBER daily newspaper published at Naples, in Collier 91.102, TME COLLIER COUNTY LAND DE- County, FLorida: that the attached copy of VELOPMENT CODE, WHICH INCLUDES THE advertising was published in said newspaper on COMPREHENSIVE dates Listed. ZONING REOULA- Affiant further says that the said Naples Daily TIONS FOR THE UMIN- CORPORATED AREA News is a newspaper published at NgpLes, in said OF COLLIER COUNTY, Collier County, Florida, and that the said FLORIDA BY AMEND- ING THE OFFIC AL newspaper has heretofore been continuously ZONING ATLAS MAP published ~n said Collier County, Florida, each NUMBER 0629N 0620' BY CHANGING day and has been entered ~s second class mail THE'ZONING CLASSIFI- matter at the post office in Naples, in said CATION OF THE HE~E- IN DESCRIBED REAL Collier County, FLorida, for a period of 1 year PROPERTY FROM "PUD" PLANNED UNIT next preceding the first publication of the D E VEL DP ME N T attached copy of advertisement; ~nd a~fiant KNOWN AS "NAPLES further says that she has neither paid nor R&D PARK AT LELY PUD" TO "A", FOR promised any person, firm or co~ration any PROPERTY L~ATED IMMEDIATELY SOUTH discount, rebate, commission or refund for the OF U.S. 41 (TAMIAMI purpose of securing this advertisement for TRAIL EAST) IN ~C- TIONS 29 ~ND ~0, publication in the said newspaper. TOWNSHIP 50 SOUTH, RANGE 2~ EAST, C~- PUBLISHED ON: 12/28 tIER COUNTY, FL~I- DA, CONSISTING OF 64.8 ACRES, MORE LE~' AND BY PROVID- ING ' AN EFFECTIVE DATE. mun~v ~vet~me~ & Envlronmen~ol Services DIvlsl~, ~esenfl~ AD SPACE: 1~.000 ~NCH B~d ot C~.C~mls- FILED ON: 1~/29/97 sl~s r~esfl~ o re- z~e ffm "PUD' P~ ................................................................ Unit ~vet~me~ ~ "A" R~ol A~icu~urol f~ N~le~ R & g P~k ~ Lely Signature of Affiant , PUD. C~I~ ~ ~ pr~ Sworn to and Subscribed belore me this ' ' day of 1 meCl~ ~me~d · ~e ~oli~e f~ In~- Personally known by me ~'-~..(. ~_ //j,~ j be h~d, -, Any ~r~ ~0 ~Jd- .. ts to ~ol o ~tslm of ~e B~d will need a c~d of ~ ~e~alnlng ~ereto and eref~e ~y ~ to ~ ~1~ ~ ~1EXPIhF. Is m~e which rectal In- ........ ~ "~, ~1 Is ~ ', BOARD 0F COUNTY COMMISSIONEflS COLLIER COUNTY, FLOR~A TIMOTHY L. HANC~K, CHAIRMAN DWIGHT E. BROCK, CLERK BY:/s/EIIle H~, C~ NO. 11~153 RESOLUTION 98- ]5 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF TftE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-6 ALSO KNOWN AS NAPLES R & D PARK AT LELY PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT OR REZONE PETITION; AND PROVIDING ;tN EFFECTIVE DATE. WHEREAS, the Naples R & D Park at Lely PUD, Ordinance 88-84, adopted on November 8, 1988, is subject to the provisions of Section 2.7.3.4., of the Land Development Code LDC , Time Limits for Approved PUD Master Plans; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined that the current PUD Zoning ~s inconsistent with certain provisions of the Growth Management Plan (OMP) and the Land Development Code; and NOW, TH?]REFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant ~o said section of the LDC, the property owner or agent shall submit an amended PUD or Rezone Petition to the Planning Services Director prJor to April 13, 1998 in order to cause said PUD Io become consistent with the Collier County LDC. This Resolution shall become effective immediately upon its approval · BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Boara and in the records of the Petition for which the extension is granted. This Resc, lution adopted after motion, second and majority vote. Done this day of ~' ....... ,., , 1998. BOARD OF COUNTY COHMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORH AND LEGAL SUFFICIENCY: f/fred/Naples R a D Park at Lely To: Clerk to thc ]~oard: PlL'ase id:ice thc f. lhm'i,~ as a: NXX Normall%',:fl Advc~tiscmcm ~ Other: (Display Adv., I~<aticn. ctc~ Petition No. (Il'none. e.,"ivc brief dcscri~ .>tic n)' _l UD-NX- 1 (S): ....... ~~ Petitioner: (Name & Atkhcss): ?~aSl_.(~t!_[lBjj~.~s Cq[l~jjk[~[k2~66 Ai~ort Road Soulh ~5~[, 34112 Nnme & Address of :my pcrsonts) ~o be notified by Clerk's Office: (If more space is needed, attach ~parate sheet) Michael R._ [lcnring before XXX Bce' [3Z,.N Other New,spatter(s) lo bc used: ((~omplclc oldv if XXX Naplcs Daih' Nc~s Olhcr ~ Legally Required Prot~scclTcxt: (IncltMolc?al(lcscrip~ion&commo~Iocation&Size: Comp:mio~ pct~e;~t5), ti' :~nx ,t~ p~opt>scd hearing [)<~s Pclilion Fcc i:~lmlc :Mxcr'tisi~¢ cosF.' [~} 5'cs [7~ No If Yes, what accom~t should be chnrgcd for advertising costs 113-13S3~3<54')1 Reviewed by: Approved I[ .~ ~ ,' Division l tc:M [)a~c County Manager Date List Allach~c~lls: l)lS'l'lllBtYrloN 15S'I'RI~CTIONS A. Forhearin~shcfl~rc HC('or I1ZA: Inilialin~persmll~compleleoneco? nndobtaln Divislm~ for same, issuhmittcd t~lCotJnU'Amu'neyhefi~resul)miltin~t~)(TmmD'Mana~er, The M:m;L~er's office will distrihule copies: b~ ct;unly ,",1;l , l a 2,: r ;l~,:mla tilt': Clcrk'x Ol'lice [~. Other hcari~): s: lniti:lting Division hc:M IO al)l~rovc and st~bntit origimfl lo Clerk's O~cc, retaining ;) copy for file. FORCLERK'S OF'FI('E USE ONI,Y: Dmc ~%'cci~cd: ' ~ D:~tc of Public hearing: ?~'.? Dale Advertised: / ~ ,' -' -, 11111111111111111111111111111111111111111111i111111111111111111 ~ROM: ~ ,ELLZE HOFF~AN - M~NUTES & ~ECORDS. , ! .. LOCATZO~T: Collier County Courthouse FA~ ~6.' (813) 774-8408 , ~ON~'NO,' (813) 774-8406 49.2 12-C~4 [ 10: tS O0'~ 01 ' %$ ?~'E, 5-::~:4 f,k~ ~~ 068C008000008A 14 493 12-~4 ~ 16: 57 O0'~ 00' 42' 941-566-5 i 61 OK ~' 0688008000006408 4'~4 12--~'5 ~ 15: 25 00" 01 ' 55 92634864 OK ~ ~ 068C008000008~ 14 December 5, 2997 Ms. J~.:dith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing 2o Consider Petition PUD-83-1(8) Deaz Judi: Please advertise the above referenced notice one time on Sunciay, December 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Zilie Hoffman, Deputy Clerk Purchase Order ~800551 NOTICE OF INTENT TO CONSIDER ORDINANCE No~ic,l i.s }'~e~'eby given ,.n-. Bo,ar~ronm, ~'d Floor, Administration ~un "]dinq~ , Collie~ Co~nty Gover:~menl Cenu,!r, 330! East Tamiami Trail, Naples, Florida, the ~oard of (i>~:~ll'y Commissi. oneus will cons[der the enactment of a Cokl:l~y Ordinance. The meeting will co~ence a~ 9:00 A.M. The ',~ik].o r~[ t'h,, pt:'~l~Or;ed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUHBER ~3-.46, AS AMENDED, FOR THE BERRSHiRi.i [,ARES PLANNED UNiT DEVE5OPMENT (PUD), BY PNOVi]}i[IG F'OR: SECTION ONE: AMENDMENTS TO SUBSEC'PION 5.02.A. , '~'P"~':-~:,-,i,~.~.FFED' [;SES AND STRUCTURES TO ADD PERSONAL SELF STCI%AGE CENTERS AS A PERM!T'PED USE; SECTION TWO: SUBSECTION 5.03., PROPERTY DEVEEOPMENT REGULATIONS TO ADD A SECTION ENTITLED PERSONAL SRLF STORAGE CENTERS; AND BY PROVIDING FOR AN EFFECTIVE DATE. Pe~ir. ion PUD-83-1(8) , Hichael R. Fernandez, AICP, represenT, lng Coast CommuniL{es Cerpora~ien, requesting an amen~ent ~o ~he Berkshire Lakes PUD. Cep[es of Izhe propesed Ordinance are on file with the Clerk the Board ~ind ~re available for inspection. All interested parties a:'o i. nv{lted ilo at~end and be heard. Any person who decides te appeal a decisien ef the Board will need a recoFd of the proceedings pertaining ~hereto and therefere, may need to ensure that a verbatim recerd ef the preceedings made, whici] recerd includes ~he testimony and evidence upon which ~he appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. i{ANCGCK, CHAiR}.RN DWIGHT E. BROCK, CLERK By: /s/E!iie Hof fman, Deputy Clerk (SEAL} December 5, [997 Ooast Cotnmunities Corporation 2666 Air'port Read Set;th Naples, FI., 34] 1 ~ Re: Public Hearing to Consider Petition PUD--83-1(8) Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to attend this public hearing. Sincerely, Ellie }toEfman, Deputy Clerk Enclosure December 5, 199"/ Mr. Michael R. Fernandez, AiCP Planning Development. incorporated 5133 Castello Drive, Suize 2 Naples, FL, 34103 Re: Public Hearing to Consider Petition PUD-83-1(8) Please be advised ?.h~t t'.he above referenced petition will be consider'ed by t. he Bnard of County Conxnissioners on Tuesday, January !3, i99~, as indLcated on the enclosed notice. The legal no~ice perLaining to this pe?_ition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to aLtend this public hearing. Sincerely, Enclosure '" ~ ' '~ .... ' '~"t'~I~[NC-. ORDINANCE 83-46, AS .r..N!'iP;'.q"L, i-'OR 'l'~!K BERKSHIRE LAKES UH~T ['~K'v'i'~!,OP?iENT (PUD), BY PROVIDING FOR: SKC'i'i,$:,N ONi<: ANENOHENTS TO 5.0".A., P:'R..IITTED US.,o AND ,~I~xUCTU.,n.~ TO ;,.t}D ~'?'.RSt}NAt, .,~.I,~ STORAGE CENTERS AS A P;'i?'.t!'i'TRi: USK; SKCTiON TWO: oURohC:iON h.0':.., ~'R~ PKRTY DEVEi,OPHEHT REGULATIONS TO ?.~L', A SKC'[[ON RNTITi,ED PERSONAL SELF :"[' :F.;..r;R :'KN'['KR[;; AND E~Y PROVIDING [.'OR R:.': f. .'".' . '.';' [hRTK. W~}~.l}.ri.,',.::, :':~ /..,:-;,:st 16, !983, ti~e Board of Coun2y Commtssioners a:;~r,.~'..',:~i ():~:n,~::(',. Numi?: 83-,16, which established the Berkshire ' ' ' ' . · ,.("~t,': ;~ FOFRfl:!deZ, Of o~ ' . .annzng Development pet itt..::.: 1~..~ ~. ~_i ,~'. C..~,;x['/ Comz~issioners o[ Collier Counzy, Florida .... ~:...~:..t,:~,, as set forth below: ,.~.,',, ']~{RRi<i.':NR B[.i Il' C:.,....~[NED, b'.:' the Board az County Commissioners o: Co[!:,..r :'::;:it'., Fio:'icia: S:'.'":'f-":.._, ' ............. ~""" :' ' ',r:"l ..... ': ....... : .,' [', ::-S::'~mrON 5 0~.A. ['EP, HiTTED USES AND S'::.: : !,;:: ....~..t ..... Per'mtZzed Uses and SLrucLures, of 2he !~-u,:-'-:r~hi:., i.~k.'..s }'.'.:.". q ['nil [leve!opmer, t: {Ordinance 83-46, as amended), is ~>-:r~.! ..' ,:::./;ti. : L:~ :..:q .:r; a:':,{ ','.'":] '.: f:;'.'~r sT. 3res; C.~o~a., ~ se!~-sE.OrS~.2. cc'F. iers :r: ,%.::1}: : :r.51, }.':~h .;ec~ion 9.03.09 of ~his cia,rur, en~; : ~' :":; : ' : :; :}~ .Y ?~.::Ns; ~h.Tzoqramh[c eq..;iF::..e::2 she. ps; :':. :.:.::; f::'J:tt i:. :, :"':~]~shir. c and mimeosranh :" :,:~; ~,:i'.'::-: "!'.:~:~; zrcfe~:si:::ai offices. f'~!l'j'l ',:{ '11. : .:,::F:i[ >i.:[:T ~" f':fhf/El! ici: ~.03 PRO:~;.'z'vv r~:u~:.-: :':':! ':17::1 5.'13. ~:~/.':rr:7 [':".'e!cFmenz Re.auiatlohs, of zlue ~e:':-:shirc. l..;:k-:,r; Fi,:::..:.i Unit_ I:evelop:r, enz (Ordina:._e,¢ 83-46 as arnendeci) ~ 5 C_:, ~79 [-., ~:,' ~ ..... .',-.- n- e.. : .-. ~ _. -- ' --' ..... i. '. i . k __ICL .... . rsoc, a . .;': . - -. ~. r,~ O ~,~:$3:~a~ self sror~:(:e faciii~ic, s '~'i~h may ooerate from .......................... IndividL:,:~l businesses and cor~merc[al transactions and siqn__~s ":~ '.:. h.L'_ .3 ~.:~ !fA "J_!. z.__<[__! ~f~ ~=_~J:P '~lz.'J'.'= ~'~ i t: s._qcj_~p~r?~ c i a 1 use s a re '['~:~s [>er:nttt:ed ~:~e shall be J~mited to the oommercial ............................................................ I. i,andsca:ted O:)en Suacu: 30 pezcenL 25 fool m,~nLmum width and no pavement areas between pro[~ertv line and ~rinc:ioal structures. Within this buffer, when ad%acent to lake frontaqe, a ~ foot be~E_s[~ej:!_?S c~.e~t~lt_.a~jacent to any buildins. 0%?_(]) shade tree ~er 25 feet with a minimum heiqht at installation of 14 feet and additionally an averaue of 1 r~aim ~e:' 15 feet with a minimum ~eiqht of 16 feet and averaqing 18 feet in height at in~tal!ation. A c:ont inuous hedoe with a minimum height at inst:aJlation of 4 feet; to achieve a heiqht and be :'.:.'tintainod at a minimum heiqht of 6 feet within 3 vear:~. Hedqe lavout shall be curvilinear ~n ~)lan layout and shall be suoDlemented bv f!cY,.;erin,] shrubs. ......................... B. interio~ Parcel Boundaries 15 fo'ti mini;hum width. ,l::..:__hj._t_,~li~.2.zH.~_9.el~;er 25 feet with a minimum heizh: aL 2nsta!lation of 14 feet and additionallv an ?',l::ra,ll,l,_2.f 1 ~alm ocr 15 feet with a minimum h.:-ic:ht of 16 feet ant averagznq 18 .:,. c~'ntzz~ucus hedce '.,'ith a minimum heicht at :.nstaiiat:ion cf 4 feet; to achieve a heiqht and be maintained at a r~ir. imu:n of 6 feet within 3 years. C. ;,d! n<:ent P. ic~ht s-c: f-Wa v The r~.,:ruired !andssaoe buffer shall be imoroved with the fo!!owznc: One (i) ?bade tree r:er 25 feet with a minimum heiaht ,;:': .... {n~:-;,~ /atic. n cf ~_~', f:-~__ and ad.ditionaliv_ an a'.'er :,:~, of or>2 (!) ~alrn ncr 15 fee~ with a rain/mun. }l. ot<:h~ ci'P l~ feet and averac~in~ 18 feet in heich: ,ti i:~st~:ilatLon. ;'. oontinuous hedae with a minimum heiqht at installation of 36 inches. The hedae layout shall be ser:~entine in ~!an. This hedqe shall minimally meet th~ soacina and native species reouiremen: of the Collier Count,,' Land Develooment Code, Division 1 2 4 - ~.:.~. -.. 1 of ~h~s Document. ~n.~. ,pos.,d :-;t :'uct_~res ma,,' be tCiar;ect. The landscane l.,:':; ,1~i: the perimeter o[ che mronosed develc,,n:r, ent shall ~,-, inrs',.aLled durin(: ih.0 initial r~haso of [~roj.lct. ~ :oj. ct':; perimeter butidi:~ns shall have an n:":<',.;.L,-.r:L,.;ra! th::.[r,.~ which shall be <enora!iv consiscen~ wit:,. ?.~:e S.L :.: ii inch c:oo~es of the artist's de~ic~ion ,h ,,2C'X!DZN&kiOR Of roofed areas (oarane~ walls and ,!:-<'hil c'C:t'llr/t[ IV scrcQlled /rom tho vJfiw of [h~' residmnEi?.] ks a l'I.'oss [hc lake aY, c] cloL ~ COLIFSC. fence to v~suallv screen i~ from the e:-:~erior o; Ehe i':..,).,,::L. G,ntes at the entry be architecturally desic~ed :%,L.~:5)!~.:2,2Ji!.}_~e with the c:eneral architectural ther, e of 'Ti.-: e:.:ir ~{:,,:: ::,.L. ri.meter fenclx:: shall bo moved at the tire ~ :],~,:.,n~ t ~ LP.', offise ,,';~b!e from Dav~s Boulevard, ,.. ..... :',~ .:,.~;[~ i'~',lLY ADO?TED !~y the Boa~-d of County Commissioners of Col~ ~e~' C'~':ntv, FI,-~ri. 4~, ~h~s ........ day of 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS D~IIG~{T E. ~ROCi':, Ci,ERK COLLIER COUNTY, FLORIDA TI~.iOTHY L. HAHCOCK, CHA!R:.!A~; A,r~PRO'.,'ED A~; TO UO?,[.'. LEGAl, SU!"i"iCiEi;C'f: MARJ~,IE ~,1. STUDENT ASSISTAblT COU~iTY ATTORNEY Master Site Plan l:~xhibit 'l'!',is :,, conc~:ptunl site plan. Amc development orders submitted under the provisions cxl~ibit si',;fl[ b,:' ~,~:ral consistent w{th thc setbacks and concept illustrated. be rcq~'.~cci to address market conditions. Master Site Plan Exhibit "MSP-I.I" 400 ,...... Naples Daily News I 2P L~' Naples, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSIONERS A)[N: NANCY SALOGUB PO BOX 413016 NOTICE OF INTENT NAPLES FL 34101-3016 TOCONSIDER ORDINANCE Noilce Is hereby given that on TUESDAY, JANUARY 13, 1~8, In ~e REFERENCE: 001230 8~551 Iler C~ Government Center, 3301 East Tomio- 57614635 NOTICE OF INTENT T0 mi Trail, Naples, fl~e B~d of C~ C~- S~8~e of F Ear,da me en~menf of o Cou~ Count), of Collier Ordh~nce. The will comme~e ~ gefore the undersigned authority, personally A.M. The fine of of me appeared Judith A. Ft~nigan, ~ho on oath says ~hat pr~sed OrdJ~nce Is ~ (olJo~: she serves as an agent of the Naples Daily News, a AN ORDINANCE daily newspaper published at Naples, in Collier A~ENDiNO ORDI- NANCE NUMBER County, FLorida: that the attached copy of AS AMENDED, FO~ THE BERKSHIRE advertising uas published in said newspaper on LAKES PLANNEO UNIT dates Listed. DE~LOPMENT (PUD), Affiant further says that the said Naples Daily By PROVIOING FOR: SECTION ONE: News ~s a newspaper published at Naples, in said AMENDMENTS TO Collier County, FLorida, and that the said SUBSECTION 5.02.A., PERMITTED U~S AND newspaper has heretofore been continuously STRUCTURES TO ADD PERSONAL SELF published in said Collier County, FLorida, each STORAGE CENTERS da7 and has been entered as second class mail AS A PERMITTED ~CTION TWO: SUB- matter at the ~st office in N~pkes, in said ~CTION 5.03.. PROP- Collier County, FLorida, for a period of 1 year ERTY DE~LOPMENT REGULATIONS TO next preceding the first publication of the Aaa A ~CTION ENTI- attached copy of advertisement: and affiant TEED PERSONAL ~LF ' STORAGE CENTERS: further says that she has neither paid nor ANO BY PROVIDING promised an7 person, firm or co, ration any FOR AN EFFECTIVE discount, rebate, commission or refund for the DATE. F)urpose of s~curing this Qd~rtisement for Petit(on PUO-83-1(~), MI. cboe[ R. Fer~n~l, AICP, publication in the ~aid neuspaper. Fep~e~ntlng C~st Cern. munlt(es Conrail, qg~s~J~ on ome~me~ PUD. C~tes of ~e ~dl~nce ~e ~ f)ie w~ ' Hon, All Ir~erested AD SPACE: 83.~I INCH ~Ore~y~d'lnv~ed~r~nt° ~o~tend~ld-~ FILED ON: 12/29/97 es ~ ~l a ~lsl~ the B~U will n~ a ..................................................... ~ .............. c~d o~ ~e precedings pedalnlng thereto and ~eref~e may ~ed Signature of Aft i:~nt ' ' '"' "; "' ' ~ ) ' i ' Jrec~densure of~me Oprr(~dln~Ve~m ] I~ r~d( which Kec~a In- Seam to and Subscribed before me this ~_ day of /' ~'( clu~s ~e tesfl~v ~ evidence u~ which PersonaLi, y known b',' me ~~___.~ ~~~ BOARD OF COUNTY ' COMMISSIONERS ~/ 'd COLLIER COUNTY, ~/ FLORIDA TIMOTHY L. HANC~K, CHAIRMAN DWIGHT E. BROCK~ L CLERK O~u~ Clerk ~OYOE E. Apm 10, 1~8 128 4 OROINANCE I40. 98- 5 ..',.N QRDIHANCE AMENDING ORDINANCE 83-46, AS AFtEH[}[.iD, FOR TIlE BERKStlIRE LAKES PLANNED UNIT :q,','.'[.li,f)i'Mf.',flT (['liD), i~Y Iq{OMI DIN(; FOR: SIg, i'I'ION ,:X;K: ,,!Hf<tIbMI<NT:; TO :;UBSECTiON 5.02.A., ~'RFHIT'i'ED USHf; ANI) STRUCTURES ", .) M<R:;(~IAI, Si::LF STORAGE CENTF, R5 AS A PERMITTED 'I:E; :;EC'['IQII '2,'Q: ANENDNEII'I'2 TO SUBSECTION :,.03., Pi~OI'ERTY DEVF, LOPNENT REGUI.AT[ONS TO .r..b[~ [,/alii)SCAPE REQUIREMENTS AND TO ADD A ::XCTfQH FiHTITI,RD PERSOfIAL f;FiI,F STORA(;[~: qEi;TERS; AHD BY PROVIDING FOR AN EFFECTIVE WHRPR/...':, ',n /,.~gus' ]O, 1923, t. ho Board or Country Commissioners apF:¢'v. : ':,:.i[~,,~:~¢:¢. Hm..bor 83-46, which established the Berkshire I,akes Plnnm-,f :;:.it [,..~v,,'o:~m,:: L (PUD); and WHRFX.,'.::, F:i,:h.~,>l Ft. Fernandex, o[ Planning Developmenz IncorporaZed roprq:;,~:;: l:;: ~;:*d:;t. (Jc, m;nunJhies Co[po[atio;~, a Florida CorporaZion, i)etit_[or:.h'i thc lJ,:a~:d ¢( County Commissioners o[ Collier County, Florida Lo amend Or.li::an,-~ H'~x,:be~ 83-,Id,as amendeci, as set forth below: NOW, TIIRRf<FOR[C BE IT ORDAINED, by the Board of County Commissioner's SECT[E~U (i;NE: AHENDM[:;NT TO SLJB-'S~;CTiON 5 0'~ ..~..A, - PERHJTTBD USES AND S'.;bhectior,.,': .... 92 A 15, Permitted Uses and Structures, of the Berkshire [,a · , ~.e:~ ' ~,ne,'i U~tiL De'¢e]opmenZ (Ordinance ~3-,i6 as amended), is hereby i5. Paint an,~ w.~l[paper stores; personal seif-storaae centers ..L:. _,~c<~??h~r~ce wi~h Section 5.03.09 of this document; pet :; h '.. .;' s ', po:: supply sho~,x; phot o'~raphi¢'., equipment shops; potter')' :~t..,:ex; p::ir:t, ing, p. uoiishinq and mimeograph service shops; private clubs; professional offices. SECTION TWO: AHENDMENT TO 2UBfiECTiON 5.0~, PROPERTY DEVELOPMENT ,-h :, G U I, A T l O N S t;,,;i)s.mt~'ion 5.03. Propertty Development Requlations, of the Berkshire Lakes F'l~,.-h,d Unit: Development (Ordinance 83-46 as amended), is hereby amencied to add landscaping r'egu[ations to Section 5.03.07 Special Property u_.ezoLm,_~rtL R,:~.:ulat[ons and to acid a section entitled Regulations for Personal S<~i[-Storaqe Cen~ers ¢5.03.09) Lo read as 5.0].07 f;pm:ial Prcperty Development Regulations: ,,. [,,~'l, ,h'- ,-plnq. .., buffer areas arid supplementary district :'.~¢ninq :'oqulat.~ons that may be applicable to certain ~:ses % ,( vq shnl ] 1' ~ adhered to unless in conflict with } Words struck throuqh are deleted; words underlined are added. .12B 4! any o~ the in~en~ or the provisions specified herein. Mcr.:::handise storage anct display. Unless specifically ~e~m[tted for a given use, outside storage or display ~[' merchandise ~s prohibited. i.(;,.: : qqU ij2~__l::UH.!~gp,~ bu f ~e ~ sba i 1 be ~mprovecl wi t h t he ~gk._[~._jZ~,j(~t~._i)er 25 feet with a rainimum heioht at insLallaLion c',l 14 feet and acictitionally an averaqe el o:).2_~!)._?'jh%per 15 feet. with a minimum of 16 feet and .~ve~a,~t:wl 18 [cct in hciclht at installation. i' ':~. ;llc'w.,;. The ho(iq,) sh,ll I he serp,':r~tino in plan This ..'~_LL~}!~L,i ~n,_. c,l [lowerin~ shrubs or annuals shall be i~fisi:,:,d hedqe. The (:oilier County Lanci Development Code nntive snecies reouireaents shall be applicable to these I',,r:;enal self sl'oroq,~ facil [ties with may operate from l:',dtvioual btlsinesses within the personal self storaqe center al'lknroh:bited. Commercial transactions within or from the :}~:rso:lai self storaqe units is prohibited. Siqns which :dentifv or link storaoe units te commercial uses is strictly p!/d'~Sb~ted. There shall be no access or ope~!ngs for storage r>',:rDoses from building elevations immediately_ a~jacent the ~)c: imel.¢: b~urlda~i, es of the :}arcel to be developed as a ;.~d!_._i~er::,!'~ed usc ;;hall be limttect to the commercial tract '!) :,_ti c.~i ,)n thc ne:-khwest corner of Santa Barbara and Davis ~ ~, lc,.' ~-is subqoct ta the followinq aciditional development ,,~nds,::~oed '):,:,n St2ace: 30 oercent minimum Adiacent. {hr, if Course/i,akcs or Utility Facilities: f'b foot minimum widLh and no pavement areas between :)ropertv line and ori w:tp~[ structures Within this !u:ffer, ',.,'Inert adjacent to lake frontaae a 4 foot L~:-m shall be created adjacent to any buitdin9. One ~l) shade tree per 25 feet with a minimum height ,~t: instail, ation of 14 feet and additionally an .~veraae of ! palm per 15 feet with a minimum i2,2_~.~ht of 16 feet and averagin9 18 feet in heiqht at [nsta 11 at i<~n . ;,lords s~ruck throuqh are deleted; words underlined are added. -2- A (:(n]t[r. uoun hedge with d minimum height at installation of 4 feet; to achieve a height and be maintained at a minimum height of 6 fee~ within [~.years. Hedge ]avout shall be curvilinear i.!L.[~[an [nvout and shall be supplemented b~ [nt,.~r[or PnEce~ Boundaries lh foc~t, minimum width. ,~t [:~stailation of 14 feet and acidtt[onally an average of 1 palm per 15 feet with a minimu~ het,::hz c.~ 16 feet: and averagin9 18 feet in he~qhL aL ~ nsta I 1at ion. A cont:inuous hedqe with a minimum heiqht at .',4inLaxtted at. a minimum oi 6 feel within 3 years. A~b_acer:t R~hts-of-Way The reauired iandsca:)e buffer st:all be improved ',,'~t:h the followinq: One (I) shade tree per 25 feet with a minimum height a' in~tallation of !4 feet and additionally an ~,(q_[f~c~:p__2~![:29_~&) t~a]_r~_~er 15 feet. with a minimum hei(:ht o',' 16 feel ~nct averaqLnq 1~I feet in heimht 4t instal !nt ion. .n. cor.t:.LI~uous hedge with a minimum height at in:~tai latLon of ]6 inches. The hed~ layout shall be sernenzine in o!an. This hedge shall minimally ~})17.'2.~_ .::LCJ_:~.Dm~ c ~_9 a n5~ ~,3_C i~pec i e s rear i reme n t o f the { ,lli.:r County l,and DeveloEmp~]t Code, Division A tlowip, a line of flowering shrubs or annuals shall be installed facin9 the_public right-of-way, oaralle! to the reauired hedge. The Collier County hnnd ~,,.vulo~ment Code native species requirements shall ~ot be a~plicable to these additional 'I'k,e Zite Deve[or~men[ Plan (%DP) submitted for approval shail ...... Qr, noraiiv_ _ be consistent with Nas~er Si~e Plan E:<nibit "MSP-1 anct MSP-].i" of this Document. The [)~op~m',d szruc:~ures may_~e phased. The landscape bullets at the ~erimeter of the proposed development shall ,~',[ be ins':,~l],)(] durinq the initial phase of project. :??"(.'~jqprf"l[/k. [lt__tJl© (~tiL_t)arce!s as an extension of the ,.::,~[,l~i,::,:~li',' de:3lcted oe[lsunal sol[ st'ot:aqe facility or as ,~[., j:i~t i~m,~l '.-~rs~:nal scl ~ storaqe use is oro~ibited. I Words struck throuqh are deleted; words underlined are added. 12B A~ chit. ectural Theme '!?}_?_~ULr}jL~!it_'f_f;erimeter buildinqs shall have an ......,~):l:~:,.:t. ural t)um~e which shall be generally consistent wilt the ~.5 x i! inch coofes of the artist's depiction r,~dori~qs "A-I,ake Vl,zw", "A.1-Landscdpe Buffe[ Section", "!'-Snntn ~a:'bara View" and "C - Medfan__:.SiEnaqe" o[ the ................................................. :~o:)o::ed d,:velo~x:,e::t in,i'ludinq auticulated stucco walls dimensional roofed areas). Ther,~ ::4roll be no access, for ~:t:~ra~ purposes, alon9 [the ..... perimeter elevations adjacent to the pro'ect's~__ [~e.{_imoter bt~[fors. ,,h:~v :'oo[-mot~ntod mechanical ec]uinment shall be ,Uw:(:).~j~[~?~L,~l~..j:c:-eened [rom the view off the residensial ::;;ltl. ,~,:~,:s:~ the [nke .{ud coil' course. Any roo[ mounted Fo;t~':n~: .... Wi thin Buffer Areas ~'[[~[],gf.~ when utilized, except az entries, shall be t[/t(~q-alcu' wttthin th~ ~roiec:t's [~erimeter hedge and the ~te.'bxe shall be rn.~Erttained at the same minimum height as ?:~:")j.<~,:.:t. (:~ces aL the entry be architeccuraEl~_desi~ned .<, :',~ :o:n:~atibl~:, ,...,irt the qenera] architectuxal theme of The e:.:ist[n(l perimet, er fencinq shall be moved at the time ~j[_fj?/.~l_'f2I:ment of the oro[ect's landscaped buffer. !,i,jhtina f.ix2ures shall be installed to shield the lake, the qolf course and the [esidential a[eas bevond 2hese .~'*~.)~:__.~_~:j:.~}~:t ~ior t. he limited ~mr_~in9 area located .u ~].~cenZ t:o 2he o[ffce visible from Davis Boulevard, ?q.:k~nq and ioadina areas shall be illuminated by fixtures ~:nted on the buildinas. Pole fixtures shall not exceed i6 [e,rt in hoicht, effective upon filin9 with the Department ~qords struck throuqh are deleted; words underlined are added. 4 ['Alii;El) ANI' DUi,Y ADOPTED by' the Board of County Commissioners of ATTI.;:;T: BOARD OF COUNTY COMMiSSrONERS DWiGIIT E. BROCN, CI,ERN COLLIER COUNTY, FLORIDA I RMAN ASSiL:~?A[IT (~OUN'I'Y ATTORNEY I ~1ords struck throug_bh are deleted; words underlined are added. Master Site Plan Exhibit "MSP-I.I" 12B 4 12B 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-5 Which was adopted by the Board of County Commissioners on the 13th day of January, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida this 15th day of January, 1998. DWIGHT E. BROCK Clerk of Courts and. Clerk Ex-officio to Board .of County Commissio?~$' ~Y: Maureen KenyOn · · . ,,..' Deputy Clerk , To: CLerk to the Board: PLease pi~e the fo[[~i~ as a: ~ Womt l~al ~erti~t ~ Other: (Oisp[ay ~., L~atJ~, etc.} (Sign clearly) ~ ,o. ,,, ~, ~,~ ~,~ ~,,~,: Cc~ - 97-9 'If ~re s~ce ne~, at~ach s~rate sh~t) ~eari~ ~fore: [~ /' t a~ [ ' i' Other ~r(s) to ~ ~: (C~te:~ ~[y if i~rtant L 7, ~ Waptes DaiLy ~e~s or Legally r~ir~ 1" ;1 /. , 7 Other Pr~ Text: (l~[~ te~t ~ipti~ ~ c~ L~at{~ g size): ~'~Z ~~/~ ~/~/~/ ,~ V ~ / A. ,'c ~ ~' C'x.~ ~,::~ Cc 7/- ~ 7- ~ .. Co~pani~ IZ. titio~(s)0 if ~'0', & I:co~o~ed hearing ~te: O~ Petiti~ Fee I~[~ ~isi~ C~t? ~ / -~ No / / [f y~, ~at ~c~t sh~ld ~ char~ 1_13-12-5312-649100 P 0 ~' '~"0 ' Oivis i~ He~ /. ( Date 3~,~/ ,, /J C~W ~r __Date List Att~h~t~:(1) (2) OISTR[~TI~ I~T~T [~S A. For he~ri~s ~f~ ~ ~ ~: Initiati~ ~rs~ to c~ete ~ c~ ~ ~tain Oivisi~ He~ ~owl ~itti~ to C~ ~. ~TE: If ~ ~t ~s i~tv~, ~ sure that a~ ~essa~ (~ revi~, o~ r~t for s~, is ~ to C~ Atco~ ~fore s~itti~ to C~ M~r. The ~r*s Office distri~te ~ :~ 8~ ~ file; ~ R~ti~ Oivisim; ~ Origin[ to CLerk's Office hez '1~: lnitlat~ Oivlsim M to m~ ~ e~it oriai~l to Clerk's Office. retalni~ a c~ f~ file. ~ NO. z 263-486~ ii111111111111111111111111111111111111111111i111111111111111111 514 12-1_5 1~: 50 ~_0° 01' 57 ~2~,348~4 OK 068C008080088~1I LOCATION: C,ollter County Courthouse ~ NO: (813) 77~,-84,08 , December 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CCSL-97-4 Dear Judy: Please advertise the above referenced notice one time on Sunday, December 28, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Clerk ~~. Kuehne, Deputy Encl. P.O. No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 13, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CCSL-97-4, Gary Franco, from the Collier County Parks and Recreation Department, representing the Collier County Board of County Commissioners, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended to allow for the storage of beach concession equipment and construction of a concession stand on the beach at Vanderbilt Beach County Park. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMA/~ DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk ' (SEAL) December 15, 1997 Gary Franco Collier County Parks & Recreation Dept. 3300 Santa Barbara BLVD Naples, FL 34116 RE: Notice of Public Hearing to consider Petition CCSL-97-4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Stephen Lenberger 1201 December 15, 1997 Stephen Lenberger Community Development 2800 North Horseshoe Drive Naples, FL 34104 RE: Notice of Public Hearing to consider Petition CCSL-97-4 Dear Petitioner: Please be advised chat the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 1997. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Gary Franco RESOLUTION NO.97- RI':SOI,IFI'ION API'I~OVIN(; WITII CONDITIONS PETITION CCSL-97.-4, REQIIESTIN(; A VARIANCE FROM TIlE COASTAL CONSTRUCTION SETBACK lANE TO AI,I,OW FOR EQUIPblENT STORAGE AND CONSTIHJCT1ON OF A CONCESSION STAND ON TIlE BEACll AT VANI)ERBII,T BEACII COUNTY PARK. \VIIF. RI!AS, Gary Franco, from the Collier County Parks and Recreation Department, rcprcscming the Collier County P, oard of County Commissioners, requests a variance from the Coaslal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amcmled tc~ allow far the storage of beach concession equipment and construction of a concession stand on llle beach at Vanderhilt Beach Cmmty Park: and WI IEF, E,\S. the subject property is located on the beach at Vanderbilt Beach County Park; and V,.'IIL:REAS, the petitioner proposes to construct a eight foot by eight foot concession stand to provicte concession services to the public; and \VltEREAS, the petitioner proposes to store rental items on the beach in an area approximately twelve feel by twelve feet; and \VI tERF. AS, the proposed concession stand and storage area will extend approximately one htmdred seven (107) feet seaward of the adopted coastal construction setback line (CCSL); and \VtlERI{.,\S. die petition is consistent with the Collier County Land Development Code Division 3.13. as amended; and WIIliRib\S, the petiticm is consistent with the Collier County Growth Management Plan - Consen'aliort and Coaslal Management Element. NOV',', TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COI.I.IF.F', COUNTY, FLORID,.\. that: Variance Petition CCSL-97-4 be approved, sobject to the fall,~t mg coudilions: J. ..iii pr,~poscd improvements shall bc designed in accordance with thc standards of the Florida I)cpai~mezll of Envimnmenlal t'ro~ection (FDEP) Bureau of Beaches and Coastal Syslems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County [luiMmg ['crmm 2. Con:~tn~cti,)n activities shall not occur widdn one hundred (100) feet of the sea lurfle nesting zone. defined by i.'olher Cotmly I.and Development Code Division 3.10. be~veen Slav I - October 3 I. sea lurllc nesting season, whhou/ first submitting and obtaining FDEP and Collier C~unty Construction in Sca Turl'~c Nesting Area Permits. l'cmioncr shall m,tJt¥ Cu~em Planning Environmental Staff one week prior to commencing work scawanl of d~c CCSL and shall again coutact Staff within one week following completion of work seax~anl of thc CCSL 4. Out&mr I:ghting associated wid~ construction, or development within three hundred (300) feet of high fide lin=. shall be in compliance wi~ Division 3.10 of ~e Collier County Land Development Code. 5. Petitioner shall ntilize only nnlive coastal dune vegetation for all on-site landscaping beyond the 1074 O~ast21 C,~nsm;ctjo, C;nn~rol l. me. 6. I'cfitioner shall ficltl locate thc concession stand and storage area to avoid or minimize impacts to native beact'ddune vegetation. 7. Petitioner shall remove all exotic vegelation from the boundary of Ihe Vanderbih Beach County Park Facility in accordance with the Collier County Land Development Code Section 3.9.6.6. 8. Minor revisions to Coastal Constrt~ction Setback Line Variance CCSL-97-4 (including changes'in siting and structures) may be approved, in ',,,q'iting, by the Planning Services Director or his/her designee. , 'lt~is Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this ____ day of ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATFEST: BY: I)WIGtFI' E. BROCK, Clerk TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney ccsl-97-4 RESOLUTION Naples, FL 339~0 Affidavit of Publication Naples Daily News NOTICE OF BOARD OF COUNTY COMHISS]ONERS PUBLICHEARING ATTN: NANCY SALOGUB Notice Is hereby given that the Board of County PO BOX 413016 Commissioners of Collier NAPLES FL 34101-3016 County, will hold a public hearing on TUESDAY, JANUARY 13, 1998, In the Boardroom, 3~cl Floor, Ad. minis?ration Building, Col. Ile~ County Gove~nmenf Cenfer 3~01 East Tomla- mi Trail, No, les, Florida. REFERENCE: 001230 800551 The meeting will begin at 57614626 NOTICE OF PUBLIC HEA 9:00 A.M. The I~,ord will co~slde~ Petlflo~ CCSL- 97-4, Cory Fronco, from State of Florida the Collier County Parks and Recreotlon Deport. County of Collier merff representing the Culler County Boord of Before the undersigned authority, personally County Commissioners, appeared Judith A. Flanigan, who on oath says that requestl o vorlonce from the Coustol Construction she serves as an agent of the Naples Daily News, a Seroock Line (CCSL) os daily newspaper published at Naples, in Collier required by Collier Cour~ Ordinance No. 91-102 DJ* County, Florida: that the attached copy of vision 3.13, as amended to advertising was published in said newspaper on allow tar the storage of dates Listed. beoch concession equip. menf ond construction of Affiant further says that the said Naples Oaily a concession stand on tine beach of Vonderbllt News is a newspaper published at Naples, in said Beoch County Park. Collier County, Florida, and that the said All Irfferested parties Invited fo offend, to newspaper has heretofore been continuously ~lster to sgeak an~ to published in said Collier County, Florida, each submit l~elr obledlons_lf any, In writing, t'0 the day and has been entered as second class mail noord pr'loK tothe Public matter at the post office in Naples, in said h~ln~. Any per"so~ who decld. Collier County, Florida, for a period of 1 year es to o~oeol o decision of next preceding the first publication of the the E)o~rd will need o re- cord of the proceedings attached copy of advertisement; and affiant pertaining thereto, and further says that she has neither paid nor therefore, may need to promised any person, firm or coporation any ensure ff~t o verlx~m record of the proceedln, gs discount, rebate, commission or refund for the Is mode which record In- purpose of securing this advertisement for curies the testr~v and evidence u~ which the publication in the said newspaper, oppeol ls fo be based. BOARD OF COUNTY COMMISSIONERS PUBLISHED ON: 12/28 COLLIER COUNTY, FLORIDA TIMOTHY g HANCOCK, CHAIRMAN DWIGHT E. BROCK~ CLERK By:/s/Jody S. Kuehne ~S,~. A~L~Deputy Clerk 1122817. AD SPACE: 65.000 iNCH ~c-.~ No. FILED ON: 12/29/97 ..............................................................................+ Signature of Affiant ~, ~ /, ,..'."'-,J "' Sworn to and Subscribed'before me this -"~ da~ of ,"i-~'~ S9 ~._L : ,. ;¢;; ,,., '-~':.'.'.::;' '.: Apr~ 70, 1998 RESOLUTION NO.98- 1 6 RESOIAITION APPROVING wl'rll CONDITIONS PETITION CC£L-97-4, REQUESTING A VARIANCE FROM Ttt£ COASTAl, CONSTRIICTION SETBACK lANE TO ALLOW FOR gQUIPM£NT STORAGE AND CONSTRUCTION OF A CONCESSION STAND ON TIlE BEACII AT VANDERBII.T BEACI-I COUNTY PARK. WIIEREAS, Gary Franco, from tile Collier County Parks anti Recreation Department. representing tile Collier County Board of County Commissioners, requests a variance from the Coastal Construction Setback Linc (CCSI.) as required by Collier County Ordinance No. 91-102 Division 3,13. as amended lo allow for tbe storage of beach concession equipment and construction of a concession stand on the beach at Vandcrbih Beach County Park: and \\'1H:.REAS, the subject properly i.; located on the beach at Vanderbilt Ileach County Park; and \VIIF. RF. AS, thc petitioner proposes lo construct a eight foot by eight foot concession stand to provide concession services to the public', and WtlEREAS, the petilioncr proposes to storc rental items on the beach in an area approximately twcl;'e feet by twelve feet; and \VllEREAS, thc proposcd concession stand and storage area will extend approximately one hundred seven (107) feet seaward of thc adopled coastal construction setback line (CCSL); and \\'l II!REAS, thc petition is consistent with the Collier County Land Development Code Division 3.13. as amended; and WIIEREAS, thc petition is consistent with the ('oilier County Growlh Management Plan - Conservation and Coastal Management Element, NOW. TtlEREFORE, BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COI.I.IER COUNTY, FLORIDA, that: Variance Petition CCSL-97-4 be approved, subject to the following conditions: All proposed improvemcnls shall be designed in accordance with the standards of the Florida Departmenl of Fmvirumncntal Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDF. P pcrn~it shall be obtained, and copies provided, prior to issuance of a Collier County Building l'cnnit. 2. ('onsm~ction activities shall not occur within one hundred (100) feet of the sea turlle nesting zone, defined by ('oilier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, v,'ithout firsl submitting and obtaining FDEP and Collier County Construction in Sca Turth: Nesting Area l'crmits. 3. l'ctiliot:cr shall oo6fy Current Planning Environmental Staff one week prior to commencing work seaward of tile (?CSI. anti shall again contact Staff within one week following completion of work starx ard o f thc CCSI.. 4. Outdoor lighting associated with construction, or development within three hundred {300) feet of the high title line. shall be ii1 compliance with Division 3.10 of the Collier County Land Development §. I~etil,.mer shall utilize only native coastal dune vcgctanon for all on-site landscaping beyond the 1974 Coastal ('onstmction Contrc, I l.ine. 6. Petitioner shall field locate thc concession stand and storage area lo avoid or minimize impacts to native beach/dune vegetation. 7. Petitioner shall remove all exotic vegetation from the boundary of Ihe Vandcrbilt Beach County Park Facility in accordance with thc Collier County Land Development Code Section 3.9.6.6. 8. Minor revision::, to Coastal Construction Setback Linc Variance CCSL-97-4 (including changes in siling ami structures) may be approved, in ',,,'riling, by the Planning Sen'ices Director or his'her designee. This Rcsolulion adopted alter motion, second and majority vote favoring same. DONE AN[) ORDERED this ,/, ~, day of_~._~ ,~., ,',.~.r · 1998. BOARD OF COUNTY COMMISSIONERS COI.I,IER COUNTY, FLORIDA / Approved as Io Form and Legal Sufllciency: Assistant County Atlorncy ccsl-97-4 RESOIAJTION REQIIEST FOR IA-;(';A,I. A,I)VEI~.TISIN('; OF I'UBIAC tlEARINGS To: Clerk tolhcl~,oard: Please place IItefolhnvlngasa: x NonnallegalAdvertiscmcnt [] Other: (Display Adv., location, etc.) Originating Dept./Div: Agriculture l)epartmcnt Person: Denise Blanton Date: 11/26/97 Petition No. (If none, give brief dcscription): Petitioner: (Name & Address): Name & Address of any person(s) to bc notified by Clerk's Office: (If more space is needed, attach separate sheet) tlearing before x BCC I?,ZA Requested Hearing date: January 13, 1997 (Based on advertisement appearing I0 days before hearing. Of JanuaD, 13. 1997 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] OIher [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDANCE AMENDING COI.I.[F.R COUNTY ORDINANCE NO. 81-42, AS AMENDED, BY ADDING A NEW SECTION 47 THERETO TO INCREASE Tltli OCCUI':\TIONAL LICENSE TAX APPI.ICABLE TO LA\\q',I MAINTENANCE CONTRACTORS, LANI)SCAPING RESTRICTI.~D CONTRACTORS. AND LANDSCAPING UN[.IMITED CONTRACTORS; PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDING FOR INCLUSION INTO ]'ltl[ CODE OF LAWS AND ORDINANCES; PROVIDING AN F. FFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fcc include advertising cos;? x Yes [] No If Yes, what account should be charged fin advertising costs: 001- 157110-649100 Rc;'icv.'cd by: Approved by: Division Head Date County Manager Date List Attachmenls: Ordinance DISTRIIIIJ'TION INSTRUCTIONS A. For hearings befi~re BC'C or IIZA: Initialin,g perso,t Io complete one copy and obtain Division llead approval before submitting lo County;~,l:mager. Note: Ifleg, nldoct,ment is involved, be sure that anv neeessary legal review, orrequesl for same, is submilted to (;Otlll{V/,,tlornev before submitting to Counly Manager. The Manager's office will distribute copies: [] County Manager agenda file: to []Requestingl)ivision []Original Clerk's Office B. Other hearings: Initiating l)ivision head to approve aml submit original lo Clerk's Office, retaining a copy for file. llllililllllllillilillilllllllililililllliliililllllllllllllill JOURHAL DEC-lO-'97 ~IED 10:48 TERM ID: COLLIER CO CLERK P-9999 FAX I,IO.: 9417748408 [TRANSMIT RECORDI 1 2 0 ~ HO. DATE ST. TIIdE TOTAL TIME ABBR ID STATUS ~PGS DEPT CODE COI~l. CODE 495 12-85 15:30 00°81'56 92634864 OK 3, 068C088000008A17 496 12-85 15:54 80°01'42 92634864 OK 1 0686808800088A00 497 12-88 18:09 08°82'81 9414353127 OK 2! 068800800008193F 498 12-88 18:18 80°01'51 9414353127 OK 2 068800808088190F I 499 12-88 15:28 00°01'58 !92634864 OK 3 0686808880088A14 500 12-88 15:36 00°01'59 92634864 OK 3 068C008000008A12 501 12-09 10:50 00°01'23 1 813 262 8859 OK 1 8688088080008808 502 12-09 11:43 00~04'45 941 995 0823 OK 7 0688008000006CI0 583 12-89 14:46 00°01'54 9416436822 OK 2 868C008800008C23 504 12-89 15:89 00°00'53 941643682~ OK 1 068C008800088C00 505 12-18 89:58 00°01'53 9416436968 OK 2 8688808080088818 506 12-10 18:46 00°01'58 I 92634864 OK 2 068C008880088A3B TOTAL ~PGS 29 o HO. DATE ST. TIME TOTAL TIME ABBR ID STATUS ,PGS DEPT CODE COMM. CODE --- 12-08 17:51 00°00'34 941 995 0823 OK 1 8788808000080008 12-09 09:06 00°01'57 941 775 2755 OK 4 0988888000880808 12-89 12:52 00°01'03 941 262 8664 OK 2 87880080000~;3080 12-09 12:58 00~81'03 941 262 8664 OK 2 8?88888888088880 --- 12-18 09:04 00~00'45 n~ -~- OK 1 06BC888000008800 --- 12-18 09:08 80~08'~6 -G3- OK 1 868C888888888808 TOTAL ~PG5 i1 lP. C2 December 10, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Notice of Public Hearing to Consider an Amendment to Collier County Ordinance 81-42 Dear Judi: Please advertise the above referenced notice one time on Friday, January 2, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Account Number 001-157].10-649100 1 .02 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 13, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 81-42, AS AMENDED, BY ADDING A NEW SECTION 47 THERETO TO INCREASE THE OCCUPATIONAL LICENSE TAX APPLICABLE TO LAWN MAINTENANCE CONTRACTORS, LANDSCAPING RESTRICTED CONTRACTORS, AND LANDSCAPING UNLIMITED CONTRACTORS; PROVIDING FOR CONFLICT AND SEVERABILiTY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and ar'e available for inspection. Ail interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~4ISSIONERS COLLIER COUDTY, ~'LORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy C]erk (SEAL) 2C2 December 10, 1997 Ms. Denise Blanton, Extension Director Collier County Agriculture Department 14700 Immokalee Road Naples, FL 34120 Re: Public Hearing to Consider an Amendment to Collier County Ordinance 81-42 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, ]998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, January 2, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 97- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 81-42, AS AMENDED, BY ADDING A NEW SECTION 47 TliERETO TO INCREASE THE OCCUPATIONAL LICENSE TAX APPLICAIILE TO LAWN MAINTENANCE CONTRACTORS, LANDSCAPING RESTRICTED CONTRACTORS, AND LANDSCAI'ING UNLIMITEI) CONTRACTORS; PROVII)ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOil INCLUSION INTO TIlE CODE OF LAWS AND ORDINANCES; PROVIDING AN E FFECTI VE DATE. WHEREAS, pursuant to Collier County Ordinance No. 81-42, as amended, as authorized by, and subject to the qualifications of, Chapter 205, Florida ,5'tattltC',L designated occupations are required to secure an occupational license t'rom tile Collier County 'fax Collector; and WttEREAS, Collier County will fund an employee who will, arnong other things, conduct voluntary classes related primarily to conservation of treated and storm xvatcr, including the proper and safe ways and means to apply fertilizers and pesticides, conduct classes in Spanish and conduct classes in related subjects upon requests from the directly affected occupations as noted below; and WHEREAS, to partially fund the costs of the aforementioned instruction, the Board of County Commissioners hereby finds and determines that tt'te occupational licenses of tile directly benefited trades shall be increased as specified herein. NOW, TIIEREFORE, BE Iq' ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADDITION OF A NEW SECTION 47 TO COLLIER COUNTY ORDINANCE NO. 81-42, AS AMENDED. A new SECTION 47 to Collier County Ordinance No. 81-42, as amended, is hereby added to read as £oIlows: 12C _ SECTION 47. Lawn maintenance, landscaping restricted contractor, landscaping unlimited contractor. Effective Jul3, 1, 1998, each separate place of business in Collier County that engages in lawn maintenance, landscaping restricted contracting, or landscaping unlimited contracting, shall pay occupational license taxes as follows: (l) Owner only- no employees ............. $10.00 (2) I to 10 employees ........................... 18.00 (3) More than 10 employees ................. 20.00 SECTION TWO: CONFLICT AND SEVEILABILITY. In the event this Ordinance conflicts with any other ordinance of the City of Naples or of Collier County, or with other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of any of the remaining portions. SECTION THREE: INCLUSION INTO TI-tE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish san'm, and the word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon receipt ofnotice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of _, 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOILIDA By: By: Dcputy Clerk TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ()rd. 81-12, ar'~mlcd. 10-2g-gT/Icp NapLes Daily ~e~s Affidavit of Pubttcation t~apLes 0aily flews ....................................................................... NOTI~ OF tN~NT TO CONSI~R ORDINA~CE N~lce I$ h~eby given thor on TUESDAY. JANUARY ~3, 1~, BOARD OF COUNTY [O~HISSIOUERS ~r~, ~d FI~. Ad- ATTtI: ttAUCY SAL~UB ll~ ~ ~n~ PO BOX 41301~ Ce~er, 3~l E~f Tom~ NAPLES FL 34101-3016 mi Troll. N~le$, ~dl~e. The REFERENCE: ~1230 1-15711~4910 57617075 ~0TIC6 OF INTENT T0 AN ORDINANCE A~ENDING COLLIER COUNTY ORDINANCE State of Florida NO. a1-~2, A$ A~E~. ED, BY A~ING A NEW County cf Collier ~CTION 47 T~RETO ~efore the undersigned authority, personally TO INCREA~ ~E CUPATIONAL LICEN~ appeared Judith k. Flanigan, ~ho on oath says that TAX ~PLI~BLE TO she serves as an agent of the Haples Daily Heys, a [AWN ~AIN~NANCE CONTRACT,S, LAND- daily newspaper published at t~aples, in Collier SCARING RESTRICTED County, Florida: that the attached copy of CONTRACTORS, AND LAND,APING UNLIt- advertising was published in said newspaper on ITED CONTRACTORS. dates Listed. PROVIDING F~ CON~ FL~T AND ~RA. Affiant further says that the said l~aples Daily BI~ITY; PROVIDING News is a newspaper published at Naples, in said F~ INCLUSION rNTO THE C~E ~ LAWS Collier County, Florida, end that the said AND ORDINANCES; newspaper has heretofore been cont inuously PROVIDING AN EFFEC. TI~ DATE. published in said Collier County, Florida, each ~1~ ~ ~e day and has been entered as second class mail ~dl~e ~e ~ file ~tter at the ~st office in Naples, in said ~eClerk~B~do~ Collier County, FLorida, for a peri~ of I year tlon. All I~res~ ~e nv~ to ~nd next preceding the first publication of the be~ attached copy of advertisement; and affiant Any peK~ ~o ~ld- further says that she has neither paid nor es ~ ~ol o ~lsi~ the B~rd will n~d o promised any person, firm or co~ration any c~d ~ the pr~eedln~ discount, rebote, commission or refund for the pe~olnlng fherefo ~eref~e, ~y need fo put,se of securing this advertisement for ensure ~ o v~lm publication in the said newspaper, f~d ~pr~l~ ms m~e wn~n rec~d In- cJ~s ~e tesfl~y PUBLISHED ON: 01/02 evlo~e ~ ~lch ~e ~OARD OF COUNTY COMmiSSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANC~K, CHAIRMAN DWIGHT E. BROCK, AD SPACE: 7~.~ II4CH CLERK FILED ON: 01/0~/98 BY:/s/EIIleH~, D~ Clerk ..................................................................... (~L) Jori. 2 No. 112~53 Signature of Affiant ~ ~ ~ ~.'Y ~ / J / ,~ S~orn to and Subscrib~ before me this day ~ 19 ORDINANCE NO. 98- s AN ORDINANCE AMENDING COLI,1ER COUNTY ORDINANCE NO. 81-42, AS AMENDED, BY ADDING A NEW SECTION 47 THERETO TO INCREASE TIlE OCCUPATIONAL LICENSE TAX APPLICABLE 'FO LAWN MAINTENANCE CONTRACTORS, I,ANDSCAPING RESTRICTED CONTRACTORS, AND LANDSCAPING UNIAMITED CONTRACTORS; PROVIDING FOR CONFI.ICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO 'FILE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Wt tI':REAS, pursuant to Collier County Ordinance No. 81-42, as amended, as authorized by, and subject to the qualifications of, Chapter 205, Florida Stalulex. designated occupations are required to secure an occupational license from the Collier County Tax Collector; and WitEREAS, Collier County will fund an employee who will, among other things, conduct voluntary classes related primarily to conservation of treated and storm water, including the proper and safe ways and means to apply fertilizers and pesticides, conduct classes in Spanish and conduct classes in related subjects upon requests From the directly affected occupations as noted below; and Wt tEREAS, to partially fund the costs of the aforementioned instruction, the Board of('ounty Commissioners hereby finds and determines that the occupational licenses of the directly benefited trades shall be increased as specified herein. NOW, TtIEREFOP, E, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADDITION OF A NEW SECTION 47 TO CO[.LIER COUNTY ORDINANCE NO. 81-42, AS AMENDED. A new SECTION 47 to Collier County Ordinance No. 81-42, as amended, is hereby added to read as follows: SECTION 47. Lawn maintenance, landscaping restricted contractor, landscaping unlimited contractor. Effective July I, 1998, each separate place of business in Collier County that engages in laxvn maintenance, landscaping restricted contracting, or landscaping unlimited contracting, shall pay occupational license taxes as follows: (1) Owner only - no employees ............. $I0.00 (2) I to I0 employees ........................... 18.00 (3) More than 10 employees ................. 20.00 SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of the City of Naples or of Collier County, or with other applicable law, the more restrictive shall apply. Ifany phrase or portion of this Ordinance is held invalid or unconstitutional by any court ofcompetentjurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of any of the remaining portions. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish same, and the word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretarv of Slate. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~: day of .~ ........ / ,1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS ' OF COLLIER COUNTY, FLORIDA By.:..;, .,. ~ ~ ,.... ',';. By: Deputy Clerk' Approvcd as to form and legal sufficiency~/~ Thomas C. Palmer Assistant County Attorney ()rd. 81-42, amended, I-7.~;}l/icp I/.gL STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-6 Which was adopted by the Board of County Commissioners on the 13th day of January, 199S, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 1998. DWIGHT E. BROCK "' Clerk of Courts and..'C,']er~ . Ex-officio to Board' 6f.' % '- County Commoners.." .~ ' ' (~y: reen Kenyon' · .. Deputy Clerk RESOLUTION 98-17 RELATING TO PETITION NO. CU-95-16 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY ~{EREINA[.'TER DESCRIBED IN COLLIER COUNTY, FLORI DA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida State,res, has c~nferred on ali 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 W}{EREAS, the County pursuant thereto has adopted a Land Development Co~e (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among whic~ is the granting and extending the time period of Conditional Uses; and WHEREAS, on January 23, 1996, the Board of Zoning Appeals enacted Resolution No. 96-27, attached hereto and incorporated herein, which grante~ a conditional use pursuant to Ordinance No. 91-102, for a church and child care center, on the below described property; and WHEREAS, on January 14, i997 the Board of Zoning Appeals enacted Resolution No. 97-51, attached hereto and incorporated herein, which granted a one (1) year extension to the Provisional Use granted in Resolution No. 97-51; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one {1) year time perio~ for a conditional use which has not been commenced; NOW, T~IEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Terrance L. Kepple, P.E. of Kepple Engineering, Inc., representing Cypress Wood Presbyterian Church for the second of three (3) permitted one (1) year extensions, in interest of the following describe~ property: Exhibit "A" I is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the e:<piration date for Resolution !1o. 96-27, attached hereto and incorporated herein as Exhibit "[3", and all conditions applicable thereto, is hereby extended for one additional year until January 23, 1999. BE IT [!'[JR'ri{ER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. L')one Lhis day of ,..'x...'. ,, ,,, ~ , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk 'Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney f/CU 2nd E:':TE:;'.;[C,~; EEf¥)I,tJTiO~I Boundary Survey .CERI I FICAT I 0i'1: I HEREBY CERIIFY l'O: .. JAJ'tES H. SHIIH ^~10 ALLIE REBECCA SHiIH: " THAT A BOUNDARY SURV'EY 0F.IRACT>97, GOLDEN C, ATE ESTATES UNIT ~,, ACCORDINC TO IHE PLAT THEREOF AS RECORDED IH PLAT 600K 4 PACES 79 & 80 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA XA.S COMJ~LETED UNDER MY DIRECTION ON ALKiUST 3, 1995. rE FLORIDA BO~t,t?D Z)" PRCW£$$I~H.4L SURV£r~$ ,*MD ~PER$ P~$U~F T~ CODE. F&~ X~Vgr$ C~P, L~ 6569 B Y ' '/~ ~~' ~-- DATe CLI~ITO)( ~. FI~(S~AD, P.L.S. 12453, JOH~ GENEVRIHO, P.L.S. 14085 EXHIBIT "A" RESOLUTION 97- 51 RELATING TO PETITION NO. CU-95-16E FOR EXTENSION OF CONDITIONAL USE OF 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on Ja. nuary 23, 1996, the Board of Zoning Appeals enacted Resolution No. 96-2.7, which granted a conditional use pursuant to Ordinance ~;o. 91-102, for a church and child care center, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Terrance L. Kepple of Kepp]e Engineering, Inc. representing James & Allie Smith for the first of three (3) permitted one (1) year extensions, in interest of the following described property: See attached legal description Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-27, attached hereto and incorporated herein as Exhibit "B", and all conditions applicable thereto, is extended hereby for one year until January 23, 1998. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of .the Petition for which the extension is granted. Commissioner Constanti~ offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Ma¢'Ki~ _, and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Norris NAYS: Commissioner Berry, and Commissioner Hancock ABSENT AND NOT VOTING: ABSTENTION: Done this 14 day of January , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DWIGHT E. 'BROCK'; ',.CI~ERK ~IE ~. STUDENT ~SSIST~T CO~TY ~TTO~EY C.U. EXTENSION RE2OLUTION/I$V2~ I HEREBY CERTIFY TO: :. JAJ"IES {t. SMITH AND ALLIE REBECCA SHITH: TI%AT A BOUNDARY SURV'EY OF.TRACT,DT, COLDER C. ATE ESTATES UNIT ~,, ACCORDING TO ]'HE PLAT THEREOF AS RECORDED IN PLAT BOOK ~ PACES ?~ & 80 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA WAS COMPLETED L~IOER ItY DIRECTION ON AUGUST 3 1995. CLlll ON W. FiIISfAD, P.L.S. 12453, ,~0HH GEHE'?RIHO, P,L.S. -- 5EGAL DESCRIPTION _ ~FINST^D, surveyor in transition to, F. LA. SURVEYS CORP. LB 6569 PRI3FE$.,c/G'~,4L LAW~ ,2uRvEY~.g · TRACT 97, C~LDEN CATE ES]'ATES UHIT 4, ACCORDINC TO THE PLA'J' THEREOF AS RECORDED IN PLAT BOOK Ii PACES 79 & 80 OF THE PUBLIC RECOP~ AUGUST 3, 1995. j JAHES M. SMITH' - ~'~1. ~,~ ~'' $C.,~.£, 1" "80' PRC j .. EXHIBIT "A" -- RESOLUTION 96- 27 A RESOLUTION PROVIDING FOR TH~ ESTABLISHMENT OF A CHURCH A~ID CHILD CARE CENTER CO};DITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTIOn; 2.2.3.3.1 ~;D 2.2.3.3.3 OF THE COLLIER CO~;TY I~HD DEVELOP~4E~IT CODE FOR PROPERTY LOCATED I~; SECTIOM 11, TOWNSHIP 49 SOUTH, R3~GE 26 FAST, COLLIER COUHTY, FLORIDA. W~EREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary fcr the protection of the public; and WHEREAS, the C~unty pursuant thereto has adopted a Land Development Code (Ordinance ~o. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and ~HEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" and "3" of Section 2.2.3.3 in an "E" zone for a church and child care center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to he heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- EXHIBIT "B" The petition filed by William L. Hoover, AICP of Hoover Planning representing James M. and Allie Rebecca Smith with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" and "3" of Section 2.2.3.3 of the "E" Estates zoning district for a church and child care center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT F~THER RESOLVED that this Resolution be recorded in she minutes of this Board. Commissioner ,Mac'Kie offered the foregoin~ Resolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call, the vote was: Commissioner Norris AYES: Commissioner Mac'Kie, commissioner Hancock, Commissioner M~-t~he'~s, and NAYS: , ABSENT ~4D }~OT VOTING: Commisisoner Constantine ABSTENTIO~: Done this ~ day of~ , 1996. BO~D OF ZONING APPEALS COLLIER CO~TY, FLORIDA BY: . . J~HN C. hO.~IS C~IP~32; DWIGHT E.'.'BRO~W,. CLE~ APP~VED AS TO?FO~ ~$ 5Edk% SUFfIe~.k~CY: ~OBIE M. STUDENT ASSISTanT CO~TY ATTO~EY CU-95-16 RESOL~ION/15341 FINDING OF FACT BY COLLIER COUNTY PLANNING COMt4ISSION FOR A CONDITIONAL USE PETITIOH FOR ~ETITION NO. CU-95-16 The following facts are found: 1. Sections 2'.2.3.3.1 & 2.2.3.3.3 of the Land Devlomment Code autho,rized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of,: A. Consistency wfth the Land Development Code and Growth 14anagement Plan: / Yes .... /No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress.,& egress Yes t/No 'C. Affects'neighboring properties in relation to noise, gla~, economic or odor effects: ~_ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within ~istrict Yes Based on the above findings, this conditional use shculd, with stipulations, (copy attached)[(should not) be recommended for approval _ _~1 . FINDI~IG OF FACT CHAIP&~N/15344 _ Exhibit ~" -.'i';) - . CER! I F ]CAT 1011: · · ,:3. I HEREBY CERTIFY TO: -.. JA~ES H. SHITH Arid ALLIE REBECCA SHITH: " THAT A BOUNDARY SURV'EY OF.TRACT.S7, COt. DEN CATE ESTATES UNIT 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK k PACES ?9 & 80 OF 'IHE PUBLIC · ":';; RECORDS OF COLLIER COUNTY, FLORIDA WAS C¢~.PLETED U~iDER HY DIRECTIOH OH ;'-~?;' . AUCUST 3, 1995. ~//~' ~ '-- m DATE :'-;?:/7 CLIHTOH W. FINS~AO, P.L.S. 124S3, JOHN GEHEVRINO, P,L.S. 14oas ~t ~v-cttc~,,c~.~c~u ~mm~. 'X" 120067-0~25D 6/3/86 FINSTAD, surveyor in transition F. LA. SURVEYS CORP. LB 6569 PR~ESSI~ L~ ~uRvEr~2 ~ TRACT 97, ~EH ~TE ESTATES UNIT 4, ACCORDI~ TO THE P~ THE~EOF ~*~ n ~ ~L~REB[f~ 5HITH PRO.CF ~ --- j .. ~5.'. - .; Exhibit "B" OLDEIV TE BL VD. CHURCH Vacant Wooded Estates Lots Vaccn~ Wooded Es~e$ Lots Prop ert y 'emen~ ........ ~,*~ ,6 ~'J-~ ~.'-~- ~ t~;cofly ho~ o m;~tu~e Ih~ areas to be clecr or hove predom,~en- ~,'11 be pro6dod I~cluOing 40i~obled. Church "' 2~0 .,'t~;n ~ot~ro~ ~r~a=. ~ FacilitieS 12o S~oc~ (church) .hero ~uIl;c;ent ~ ~ ~I 4. Phase I L;~/t~ crc O ~ ST Sq. FL a I p~ I0 Students 6.250 Sq. Ft. Church w;th Cnd O 2.600 Sq. Ft. Ocy I Core) 126 5tudenl~. ~ 5 County Pork on ~ J Single-Fora/IH Estates ~2 ~ ~2 Lot ro~a~l ] Wooded ~ Estates - ~ Lot I Frant IlO' per o~to,Ts ~ S;de 25' ~c,ter Plcn ~ I Oared 4-J-95 ~ ~ ~ " ~toroge Area Naturcl Areo S I 9-13-95 0 ' ~ I I J I 1st Avenue SW Fro.o~rty Scale: Center//ne of 60' RO~/ 8oundcry Proposed County P~rk ~th Site Area Proposed County Pork ~th AcUve Recreationol FociliUe~ = 4.92 Acres Acti~ RecreoUonol FocfliUes ' on Estote~ Properly cn Estates Properly E~ZBZ~ "O" I, William L. Hoover, as authorized a~ent for Petition C~-95-16, agree to the following stipulations requested ky ~ne Collier County Planning Commission in their public hearing on January 4, 1996. PLA2~NI~G: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings,' structures, and improvements authorized By the conditional use. Expansion of the uses identified and approved within this conditional use application, cr major chan~es to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time cf submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. That the church facility be made available for use as a poll site.b~the Supervisor, of Elections.' " c. kn .... e~0~lc' ~e~%tation' removal, monitoring, and maintenance (exotic-free) plan for the site shall he submitted to Planning & Technical Services Environmental Review Staff for review and approval prior to final si%e plan/construction plan approval. d. An eastbound right-turn lane shall be required as a condition of the issuance of a Certificate of Occupancy or Compliance for Phase I.. e. A westbound left turn lane shall be required under the two-lane condition shcu!d the County, in its sole opinion, de%ermine that operational or safe~y recuirements require it. Such turn lane, if require~, shall be in place uricr to the issuance cf any for Phase Ii. f. Under the four-lane condition, the County reser.ves the ~ ' ' right to determine the need for and the ~esira~!ity of a median cpenin~ to serve this development. If such median opening is deemed necessary or desirable, the entire cost of providing the median opening shall ~e borne by the benefiting property o~ner(s). There shall be no right to any such turn lane vested in this development under any development order arising out of EXHIBIT "D" ,ic ~ ~ ,r any conditional use, rezone er building permit granted to the property owner. g. The project shall be developed in t'~o phases. The first phase limits the church to 6,250 square feet gnd the day care facility to 2,600 square feet. The second phase or buildout limits the church to 10,000 square feet and the child care to 5,700 square feet. The second phase can not be initiated until Golden Gate Boulevard is 4 laned fronting tile project. " PSTITION~. OR AGENT STATE OF FLORIDA .... COU~tTY OF COLLI~iR .... The foregoing A~reement Shee~ %.'as ac.~nculedged before me this &-$/7 day of ) ~mu~/~ , 1956 by ~r~'ti~' ~x~ 6. I~'/~_ , ~'ho is personally known to me or who has produced as identification. (Signarur~ of'Nata~ PubLic) ..'.: .... .- :..:.--.'.:.' · ...-; }tGTkRY PUBLIC : '. .' . ~.... , '- .: ;. . Ccm~aission ~ ; :' :- '' .: .".L".' My Co:mission £xpires: ....... : ....... P._=D. RESENTAT~VE ~OR CC~ STATE OF FLORIDA COUNTY OF COLLIER The fcrecoinc Acreezent Sheet ~'as acknc~edced ~efcre. ne tkis C/-~' day cf :. . ~,~',., 19.~6 by .~.~.:':.. "- · ':' ..'. , ~'hc is perscnally knc'-'n to me cr-~:~ [.=-- produc-°d - " ($,,_c. nature cf N¢~ary Public) OF~qCI~ L N. CFI'A.~¥ Sa,d. NOTARY FUlUC 5TAI~ OF FLr~JD~ NOTARY PUBLIC co.~.~r~oN NO. CC~7~ ! · uYCa.~uI~TOs~nxuc~] co~ission f ~d ~ /._.< ~' 7~ Hy Commission Expires: ~/,_ / 15343 WORK ORDER #W~IBP FT96-14-A Agreement for Fixed Term Professional Engineering Ser'vices Dated September 26, 1995 (Contract #95-2422) This Work Order is for professional engineering services for work known as: Pro_icct: Su,4dcn Regional Ir>ark Landscape Architecture Services, Hydrographic Survey, Structural ['icr and Dock Design - Additional Services The work is specified in the proposal dated November 18, 1997 xvhich is attached hereto and made a part of this Work Order Amendment. In accordance with thc Terms and Conditions of thc Agreement referenced above, Work Order FlWMBP FT96-14-A is assigned to Wilson, Miller, Barton and Peck, Inc. Scope of Work: Bid [~rojcct Through Two Bid Packages Coordination of Drawings 5;pccification ofSitc Furnishh~gs [!xtend Construction Phase Schedule of Work: Complete work within 180 days from receipt of the Notice to Proceed authorizing start of work for additional services. Compensation: In accordance with Article Five of the Agreement. thc County will compensate thc Firm in accordance with the time and malcrial indicated in the schedule below. Bid Project Through Two Bid Packages l.andscapc Architect 3 24 hrs ¢t S80/hr 51.920 [:,nginccr 3 4 hrs. ~t', $80/hr $ 320 Subtotal Additional [:ecs, Two Bid Packages S2,240 Coordination of Drawings Site Sheets 2-12,,, 16 and 17--kD-471 [~andscapc Architect 5, 4 hrs. ~! S ll0/hr S 440 handscapc Architcc! 4, I 1 hrs. (0! S95/hr Sl,045 ('ADD Tcch 3 24 hfs (.(~ $65/hr $1.560 Irrigation Designer 10 hfs ¢g~ $56.50/hr $ 565 Work Order #WMBP FT96-14-A November 26, 1997 Page 2 Dock Design Sheets 2, 7, 8 .... LD-487 Enginccr 4 4 hfs (((J Sg$/hr S 380 Engineer 3 20 hFs (h) SS0/hr SI.6()0 CADD Tech 2 12 hrs ~) $$5/hr S ¢)60 Subtolal Additional Fees, Coordinate Drawings: S6.25() Spe¢ifi¢,'Hion of Site Furnishings Research and sclcc[ products, identify suppliers, resolve conflicts l.andscape Architect 3 31 hrs. ~ SS0/hr S2.480 Bidder questions Landscape Architect 3 5 hrs ¢~) S80/hr S 400 Subtotal Additional Fees, Site Furnishings: S2.8811 Extend Cnnstruction Phase 3 hfs avg/wcek for 7 months 90 hfs ~! S84/hr S7.600 Original Fcc For 3 months' S3,500 Subtotal Additional Fees, Extend Construction Phase: S4.100 TOTAL ADDITIONAl. FEES: $15.470 Any change within monctao' attthority of this Work Order made subsequent to final department approval will be considercd an additional service and charged according to Schedule "A" of the Agreement. Work Order WMBP FTg(,-14 November 26, 1')97 ['a~c 3 Joseph F. ACCEPTED BY: / ' Adoltb A. (Jo~zalez. P.E., Director Dat~ Ol'l]cc of Capitol Pro. icc~s ATTI~ST: B()ARD OF ('OUNTY COMMISSIONERS Dwight It. Brock, ('lcrk ('oilier ('OUllly, Florid;~ Approved as lo IMm] and Legal Sul'ficicncv: ASS[. Co[lll[y Attor'ncy -. [Yj-/Zd,A'[[-? Wilson, ,Miller, []anon and Peek, Inc. Dale: Contractor ATTHST: ((.'orporatc Sccrclary) ~ary bi Danca Secretary/Treasurer Type Namc and (or) witnesses (2) (2) Signature Signature Print Name Print Name JI) ..: ~,W?.IIIP LAN 06 504-88 Return to: SOUTH FLORIDA WATER MANAGEMENT DISTRICT P.O. Box 24680 West Palm Beach, FL 33416-4680 This instrument prepared by: . Holly Young, Esquire, South Florida Water Management District 3301 Gun Club Road, P. O. Box 24680 West Palm Beach, FL 33416-4680 Project: Big Cypress Basin Cocohatchee Canal Tract No.: '100-143 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE made this ~ day of %.-7.,.~_.-,~.,-¢', , 19 '?/~, between COLLIER COUNTY, a political subdivision of the St~t~'~f Florida~hose mailing address is 3301 Esst Tamiami Trail, Naples, Collier County, Florida 34112, hereinafter referred to as Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, Palm Beach County, hereinafter referred to as Grantee. WITNESSETH: For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants to the Grantee, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, its successors and assigns a Temporary Construction Easement, for the purposes as set forth below, over the following described lands, situate in Collier County, Flodda, to wit ("Easement Parcel"): Legal Description Attached as Exhibit "A" For any and all purposes necessary, convenient, incident to, or in connection with, the construction of any project in the interest of flood control, reclamation, conservation, recreation, water storage and allied purposes now or that may hereafter be conducted by the Grantee herein, or its successors or assigns, including, but not limited to, depositing, stodng and removing dredged or excavated material, constructing and using detour and access roads, installing culverts and power facilities, constructing and using by-pass channels and return water ditches, laying, operating and using dredge pipe lines, and storing equipment materials, vehicles and supplies, in carrying out the purpose and intent of the Statutes of the State of FIodda relating to the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, presently existing or that may be enacted in the future pertaining thereto. Page 1 of 3 TO HAVE AND 'I'O HOLD the same together with all and singular thc appurtenances thereunto belonging or in anywise incident or appertaining to the use, benefit and behoof of the Grantee through and including May 1, 1999. The easements and the rights herein granted, or any portion thereof, may be assigned by the Grantee for use in connection with any of thc purposes above mentioned. All of the covenants, agreements, easements and rights herein contained shall extend to, benefit and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors and assigns. Prior to thc expiration of this Easement, Grantee, at its sole cost and expense, shall restore the elevation of the Eascmcnt Parcel to at least thc level(s) existing on thc casement Parcel as ofthc date hereof and seed any and all potions of the Easement Parcel which are altered by Grantee in connection with thc exercise by Grantee of its rights hereunder. Grantee shall have thc right to remove trees from the Easement Parcel in conjunction with the exercise of'its rights under the Easement, subject to the following terms and conditions: (a) Grantee shall not have the right to "clear cut" (as that term is commonly understood in t~e industry) thc trees from thc Easement Parcel. (b) Grantee shall provide notice to thc Grantor of its intent to remove any trees from the Easement Parcel prior to the commencement ofsuch removal by the submittal ora plan as provided below. Replacement of trees may be required at thc discretion of the Grantor. (c) Grantor, or its representatives, shall have the right, but not the obligation, to be present during thc removal of any trees from the Easement Parcel. At least 30 days prior to the commencement by grantee of construction activities on the Easement Parcel, Grantee shall submit a plan to Grantor, including areas proposed to be cleared and any access roads to be constructed on or over thc Easement Parcel. Within seven (7) days after Grantor's receipt of such plan, Grantor shall notify Grantee in writing of its approval thereof(such approval not to be unreasonably withheld) or of its reasonable objections thereto. If reasonable objections are made by Grantor, Grantee shall modify the site plan accordingly and re-submit it to Grantor within seven (7) days after Grantee's receipt of Grantor's written objections. Within seven (7) days after receipt of such modified plan, Grantor shall notify Grantee in writing of its approval thereof(such approval not to be unreasonably withheld) or its reasonable objections thereto. Grantor's failure to respond in writing within each such 7-day period shall be deemed denial of the plan. Grantor shall not allow any lien on the Easement Parcel superior to the Easement conveyed herein. The easements granted herein shall constitute easements running with the land and shall burden the Easement Parcel. Page 2 of 3 To the extent authorized by law and without waiver ofthe limitations set forth in Section 768.28 (5), Florida Statutes, Grantee shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, negligence of the Grantee or its agents or representatives arising from or incident to the Grantee's performance under this Temporary Construction Easement. IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. Dated ProjecffAcquisition Approved by BCC: DATED: · "ATTEST: '- BOARD OF COUNTY COMMISSIONERS ~' DWIGHT E.:BROCK.,, ¢l~rk COLLIER COUNTY, FLORIDA / ' / ' · ,-Depi~y Clerk .... ,'~airm~ Approved as to legal form and sufficiency Heidi F. Ashton Assistant County Attorney Page 3 of 3 ~6~? I i [ SCALE IN FEET I S.E. 1/40F J ~ IS'E' 1/4' OF ~ SECTION 24 ~,, ~0 ~OAD EASE~E~ ~ . O0 EASEMENT COG HATCHES CANAL CERTIFICATION I HEREBY CER~FY thot thl~ ~et~ I~o grophlc repreaentotlon of the occ~pon~ng N~ deIcrlptlon end la oc~rote to the bait of my kno~ed~e ond b~lef. OY FUR~ER CER~ thor this description ond sketch meets the opplicoble MINIMUM ~CHNICAL STANDARDS FOR SUR~% set fo~h by SE~ON the ~ORIDA BOARD OF PRO~SSIONAL ~ND SUR~YORS In CHAP~R TO.SHIP ~ SOU~ 61017-6, FLORIDA ADMINIS~A~ CODE, pursuont to section RANGE 25 EAST 472.027 FLORIDA STA~ STA~S. CO~,[-f~ CO~ SOUTH F~ORIDA WATB~ ~AGB~NT DISTRICT' CONS~U~ON ~ ~ ~AGE~ DEP~~ P.O. 80~ 2~80 ~0~ GUN ~U~ RO~ ~ST P~M BEA~, ~IDA 3~16-~80 DENNIS J. MEI~EER ~[G C~SS ~AS~ COCO~C~ P~S~ 3 PROFESSIONAL SUR~YOR AND MAPPER DESCRIPTION SK~CH FLORIDA CER~FICA~ON NUMBER 2977 TEMPO~RY CONSTRUCTION ~SEMENT FROM COLLIER COUNTY 9.A~ ~ OA~ .m.~S ' MAJ J ~J28OCTg7 AS SHO~ BCD-100-143 1 ¢ 1 Exhibit "A" Tract No. 01-100-143 A parcel of land in Section 24, Township 48 South, Range 25 East, Collier County, Florida, being a part of land recorded in Official Records Book 1141, Page 1032, Book 1520, Page 61 and Book 1563, Page 1971 of the Public Records of Collier County, Florida, and being more particularly described as follows: · ' The West 375 feet of the East 510 feet of the East one-half of the Southeast one-quarter of the Southeast one-quarter (E t/2, SE Va, SE 'fi) of said Section 24, LESS the South 160 feet. Containing 9.98 acres, more or less. Acreage calculated 'without benefit of survey. BCB\Collier County August $, 1996 Revised: May 7, 1997 Revised: August 12, 1997 Revised: October 28, 1997 ~ DATE: 7_. ~ O ' ._..] REAL PROPERTY CONVEYANCE DOCUMENTS RECORDING FORM AGENDA DATE: /-/.~ ,19 ?~ ~,GENDA ITEM: //-- ( {3_')(. ,,~ COLLIER COUNTY AS GRANTOR: PLEASE RECORD THE FOLLOWING DOCUMENTS: Temporary Construction Easement, 5 pages PLEASE CHARGE THE FOLLOWING ACCOUNT: 001-163610-649030 NOTE: PLEASE FORWARD A COPY OF RECORDED DOCUMENT TO REAL PROPERTY DEPARTMENT, Attention: Wilma Iverson. STATE PROJECT NO: 03010-3554 WPI No: 1114137 FAP No: COUNTY: COLLIER JOINT PROJECT AGREEMENT BETV~'EEN TIlE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COU.'NTY FOR ARCIIITECTURAL LIGttTLNG ON US4I (DAVIS BLVI) TO AIRPORT RD) This is an Agreement ay and between ~he STATE OF FLORIDA DEPARTlXfF_NT OF TRAN'SPORTATION. hereinafter r',:ferntd to as the "DF_PARTMF~N-Y" and COl _I YEP, COUNr2~'. hereinafter referred to as the "COUNTY" WITNESETH WHEP, EAS. the DEPARTMENT is undertaking construction of improvements to US41 between Davis Boulevard and Airport Road: and WHF_.RE~\S. the COUNTY desires to upgrade the lighting fixtures within the PROJECT form conventional to architectural lighting and is willing to pay the DEPARTMENT for said upgrade: and WHERF_.AS. it would benefit the motoring public to have such lighting upgrade done by the contractor presently working in thc area; and WHEREAS. the COUNTY by Resolution, dated the Z''~ 'day of -J/~,..,',',':,E./ , 1998. a certified copy of' which is attached hereto and made a part hereof, has authorized the Chairperson of the Board of Commissioners to enter imo this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement. the parties agree as follows: 1. The COUNTY agrees to pay the DEPARTMENT, upon execution of this Agreement. the amount of $411.255.00, which is the difference between $183,037.80, the contract price for conventional lighting, and "Option A-I" chosen by the COUNTY from the contractor's architectvral lighting estimate. 16r43 2. ()ncc thc f. nds are reccivc.d by thc DEPARTMENT and this Agreement is executed by both parties, the DEPART'MENT will instruct its contractor to furnish and install architectural lighting in accordance with Exhibit "A". attached herewith and by this reference made a part hert.'of, instc, ad of conventional lighting. 3. The lighting installation is to take place on US41 from Davis Boulevard to Airport.Road. the limits of thc PROJECT. as deplete0 in the PROJECT plans attached herewith as Exhibit "B" and by tt';~s reference made a part hereof. 4. Tile COUNTY agrees to pay reasonable additional funds, as requested by the DEPARTMENT. to provide the necessary funding with which to complete the PROJECT. Said request to be in writing and the additional costs to be substantiated by the DEPARTMENT. 5. The DEPARTMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to this PROJECT. Said records will I~ made availab!e, upon request to tile DEPARTMENT. during the term of this Agreement and for three (33 years after final payment is made. The DEPARTMENT siudl nol be obligated or liable hereunder to any party other than tile C OU?,,'TT. 7. Unless otherwise specifically stated herein, this Agreement shall be govern~ by and construed in accordance with the laws of the State of Florida. 8. If any part e,.' this A1;mment shall be, determined to be invalid or unenforceable by a court ofcat, ',lp.:t~m- r, t .~u.ri. sdl~aon'-,' or by a:w other le_,zallv~ . constituted bodv having the .jurisdiction to make such determination, the remainder of INs Agreement shall remain ira full force and effect provided tha~ tire part of' this Agrccmcn~ thus invalidated or ¢tcclared unenforceable is not material to the intended openttion of this Agreement. 9. To tile extent allowed by Section 768.28. Florida Statutes. tile COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions claims, demands, liabilities of any nature whatsoever arisin~ out of. because of. or due to breach of this Agreement by tt~e COONTY. its officers, agents. employees or consultzmts or duc lo ally negligent act o: occurrence of omission or commission of tile COUN'I%'. its ~ .l~cers. a~cnts employees or consultants. Neither COUNTY nor any of its officers, agents, employees or subcontractc, r_q ':,'ill Ne liable under this section for tl;e sole negligcncc of the DEPARTMENT tlr an,,' of its officers, agents or employees. 10. 'Dais Agn..,mcnt shall continue in cf feet and be binding on the parties until the PROJECT is completed, final costs arc known and all payments are made by the COUNTY. 11. This document incorporates and includes all prior negotiations, correspondence. conversations, agreements, or understandings applicable to the matters contained herein, and the panics agree that there are nc) commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly. it is agreed that no deviation from tile temps hcp, x)t' shall t~ predicated upon any prior representation or agreements whether oval or written. It is fi,rther a,.zreed that no mod!fication, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with thc same formality and of equal dignity hercwitll. IN WITNESS WHEREOF the. COUN'IW has caused this Joint Project Agreement to be executed in its behalf this '. &ty of -. , . , 1998. by the Chairperson of the Board of Commissioners. and the DEPARTMENT has exeCuted this Joint ProjeCt Agreement through rict Secretary for District One. Florida Department of Transportation. this/,~'~ day of ,4~ . 1998. ' COLLIER COUNT',,'. FLORIDA STATE OF FLORIDA DEPARTN/~NT OF TRANSPORTATION ' cC ~~ RjjOl~i-4~ ?S~E~ DISTRICT SECRETARY ~,~ A ~'~IT~T: ATTEST: / By':" · [ .... ,::_. (Seal) .Byi ," , ,: ~ · (Seal) CLERK EXECUTIVE'SECRETARY H:',US ERS',LG 150R L',WH C'.LEGA L'J PA.CO LL -O3'9]~B.D) I3:SB FAC ~fi~IT/PL~RCH T~L:I-9~I-~g3-3~gs ? 002 WORK ORDER # SC-31 "General Con.actor's Se~ices" Contract ~95-2334, d:tted ~.arch 28, 1995 T~g Work Order is for g~erM contracting semces, subject ~o ~e t~ ~d conditions of the Contra~ referenced above, for Work ~o~ PRO.CT Immokalee CommuniW P~k Pra~ice I~eld. The work is specked ~ the Cropos~ dat~ 8/21/97 ~om the SureW Const, Co. w~ch is a~ached kereto and made apm oft~5 Work Ord.. In accord~ce ~th Te~s and Conditions ofthe A~eement referen~d above, Work Order ~SC-31 is ~si~ed to the Sur~ Co~tmction Comply. S.cgpe T~s Work Order is b~cd on a lerner of 8/18/97 and a pr~bid meefng on 8/15/97 ~d includes the fo~ow~g: 70' of 6' fence ~th ~o (2) gates, 99' of 20' ~gh with 4' wings. I~gation 2 zones up to 6 heads offiy. Two (2) electNc~ outlets - one (I) to each dugout. Two (2) new dugout to match e~sting. Bubbler foot,ns to each dugout. ~chitecmr~ fees for dugouts o~ly. Sod to 20' outside base~e. Cle~ site ~d ~ to match adjacent field, not to exceeS ~~. ~ph~t ~ound concession stud F~sh ~d place red clay. Fumsh and ~st~ b~es Pemt fee by o~er. Bond fee ~included. En~neefing fees not included Schedule of Work Complete wit~ 90 C~. Days ~om re:ceipt ofpe~t. Liquidated D~ages: Will be assessed at $75.00 per c~cnd~ day. ~..t,, ~a~ent and Peffomance Bonds: Compensation: ~ accordmce with Item 3 of the A~eement, the Coun~ ~I1 compensate the Fm in accordmce ~th the negotiated lump sum amount provided ~ the sch,:dule below. TOT~ ~E $ ~:~ To be phd in three (3) equ~ payments, one-t~rd the first month, one third the second month, ~d one-~rd upon fin~ accept~ce by the o~er. ~y ch~ge made subsequmt to ~ dep~ment approvM ~11 be considered m addition~ semce md ch~ged according to an executed Chmge Ord~ as enumerated in Exhibit D of the A~eement. .~L,~.-0Y 97lB'El31 13:58 FAC MG,~IT/PIJRCH TEL'I-q41-793-3795 P. 003 Work Order SC-31 (cont.) Page 2 R~V~D BY'.:._.,,,~.~/;~~ /iii''t;/'/{ "/// j , , ..~. .Director Date /'/Z~/'.. /~/ .,',z.Z,',.,, Depa. mnent ATTEST: BOAKD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk Collier CounLv, Florida BY~~ ' .' ~. ,,:/'/,~... By: Deputy Clerk ~. :- - - - Date i ~ ~Co~tra~or ATTEST: By: (Co.orate Seereta~) Si~at~e By: Typed Name and Title (or) witnesses (2) ~ ~J§ignature (Print Name) ('Print Name) Approved as to Form and Le~~ciency: ~sis~t Coun~ AHomey · RESOI~UTION NO. 98- 6 ~ 6 ~J .[ ~ ~ A RESOI~UTiON OF TIlE BOARD OF COUNTY COMMISSIONERS, COI.LIER COUNTY, FI.ORIDA, AUTIIORIZING TIlE EXECUTION OF I.IMITED USE IACF;NSI~; AGREEMENTS BY TIlE CIIAIRMAN OF TIlE BOARD FOR 'FilE CURRENT CIIAIRMAN'S TENURE ONI,Y, WItEREAS, there is a benefit to thc County and to the public if thc administrative procedures concerning Limited Usc License Agreements are expedited, while maintaining the safeguards of staff and legal counsel review of such Agrccmc ~ts; and WIIEREAS, tile Board of County Commissioners recognizes the benefit of reducing time for Board approval on rcvicwcd and approved Limited Usc License Agreements. NOW, TIIEREFORE liE IT RESOLVED BY 'FIIE BOARD OF COUNTY COMMISSIONERS, COIAAER COUNTY, Fi~ORIDA that: I. Thc Bo;mi of County Conlmissioncrs docs hcrcby authorize lhc Chairman of thc Board of County Commissioners to cxccutc Limited Usc Agreements, for those special events listed below, following approval by the Real Property Management Department, thc Client-Department, thc Risk Management Department and the County Attorney's Office. - Golden Gatc Area Chamber of Commerce, Inc. (Golden Gate Feslival and Annual Arl Show) - Golden Gate Ro~ary Club (Christmas Tree Sales & Bass Tournament) - The Art League of Marco Island, Inc. (Ar1 and Craft Shows) - Supervisor of Elections of Collier County, Florida (Voter Access) - Golden Gate Fraternal Ordcr of Eagles (Annual Taste of Golden Gate) - Amateur Radio Association of Sot,thwes! Florida (Field Day Activilies) - East Naples Civic Associalion (Manatee Festival) - David Lawrence Mental Health Center, Inc. (Annual Fun Skate) - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) 2. The authori×ation of the Chairman to execute Limited Use License Agreements hereunder shall extend only for thc tenure of thc current Chairman. This Resolution adoptcd this 5' day of -, ....... , 1998, after motion, second and majority ,.'otc. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLOP-rt~A · L:5--'-~-. _~. · .... ~ BY: ' , D~puh: Clerk . Chaiman Approved as to fon'n and legal,sufficicnc, y: Heidi F. Ashton Assistant Courtly/Mtomcy 1602 RESOLUTION NO. 98- 7 A RI!S()I.I.rI'ION OF TI II'.' IIOARD OF COUNTY COMMISSIONERS OF COLLIER ('OUNTY, FI.ORIDA IJECLARING TIIAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS TIlE PREFERRED INTEREST SOUGtlT FOR TIlE ACQUISITION OF RIGI IT-OF-WAY [:OR TRANSPORTATION CAPITAl. IMPROVEMENT PROJECTS, AND SETTING FORTtl TI tE RATIONALE TI IEREFORE. WI iEREAS, ll~e conslrucfion of transpo~ation improvements, as identi fled in Ihe Transportation Elcmcm of the Comprehensive Phm for ('oilier County, shall in many inslanccs require Ibc acquisition ora right-of-way by either gift, purchase or condemnalion; and WI IEREAS, the right-oPway for transpo~ation improvements may be purchased or condemned either as an easement over, trader, upon and across the land; or Ihe fee simple interest in the land ilself may be purchased or condemned; and WI IER EAS, I}fil compensation, as required by thc Constitution of ll~e State of Florida, for Iht casement righls purchased or condemned for transportation inlprovcments is lanlamounl to the hilt compensation required for the purchase or condenmation of the fee simple estate in property (bern'CCh 9O% and 100% of the fair market value of the lands so appropriated, depending upon thc property's zoning and tile appraiser's judgment); alld WItEREAS, d~c purchase or condemnalion oflhe full fee simple estale in lands required for near Icrm transporlation improvements provides the County with a degree ofconlrol over the right-of-way which is superior to thc control afforded by an easement only, and which, in many instances, may produce cost savings on fi~turc public works improvement projects by gaining thc maximum flexibility over thc uses permitted in the right-of-way so acquired. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERSOF COLLIER COUNTY, FLORIDA that in consideration of long range planning and present day costs for transportation improvement projects, and in the interest of exercising thc mztximum degree of control over the public road right-oPway which may allow the County to realize substantial savings by locating fulure public works projects within the acquired area, County si;fiT is hereby directed to purchase or condemn a Iransponation road righl-ol:way in fee simple as tile preferred method ofcxcrcising maximum control over the right-of-way in order to construct any anticipated capital improvement projects. AND IT IS FURTHER RESOLVED that in those instances in which thc purchase ora full Icc simple estate cannot be negotiated by Cotmty staff, and tile costs associated witil a comlcmnaticm of thc full fcc simple estate may outv.'eigh the future benefits contemplated by full County ownership of thc right-of-way, and when tl~e owner of tile property is willing to convey a perpetual, "exclusive", road right-of-way casement over, under, upon and across tile property in compliance with tim requirements of tile transportation improvements, along with the right to construct and install subordinate utility and drainage improvements, together with access and temporary ctmstruction casements, County staff is directed to negotiate a reasonable settlement for thc purclmsc of said "exclusive" casement, subject to Board approval, itl lieu of proceeding with au action in eminent domain against thc subject propcrly. AND IT IS FURTHER RESOLVED that in those instances in which the purchase ora pcrpctual. "¢xclusivc". road right-of-way casement over, under, upon or across the property cannot bc negotiated by County stall; and the cosls associated with a condemnation of the perpetual, non-cxclusivc road right-of-way casement may outweigh the future benefits contemplated by the County's interest of the right-of-way, and when thc owner of thc property is willing to convey a perpetual, "non-exclusive", road right-of-way casement over, under, upon and across Ibc property itl compliance with thc requirements of the transportation improvements, along with the right to construct and install subordinate utility and drainage improvements, together Wilh access and temporary construction casements, County staff is directed to negotiate a reasonable scttlcmen! for tile purchase of said "non-exclusive" casement, sub. ject to Board approval, in licu o1' proceeding with an action itl eminent domain against thc subject properly. AND IT IS FURTHER RESOLVED that, notwithstanding tile Future benefits to be derived by the Cotu'lty arising from a fee simple acquisition of the public right-of-way, there exists those circumslances where lhc severance damages to remaining lands, as a result of thc taking of thc fcc simple estate for the transportation project, is of such an extent as to warrant tile purchase or condemnation ora lesser estate in thc form of an easement interest in order to mitigate or eliminate such damages; and in such instances County staff is hereby directed to undertake such analyses of future benefits vs. current costs as arc relevant to thc determination as to thc specific interest in real property the County should acquire for thc instant project, and County staff may make such purchase offers, or prepare such pleadings in eminent domain, as may be necessary to mitigate or eliminate severance damages, and reduce total project cost. THIS RESOLUTION ADOPTED this . '" day of' ~'~,. . -~ , 1998, after motion, second and majority ,,'otc. ATTEST: BOARD OF COUNTY COMMISSIONERS :: DWIG}IT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA : ~?_ . _~.~_:: ...... By: , ~kki ,Dcputy Clerk ...... '""' ~'~-~'~'~'" ,, 'hairman Approved for Ibrm and legal sufficiency Heidi F. Ashton Assistant County Attorney 16u2 RESOLUTION NO. 98- 8 A RESOI.UTION OF TIll:. BOARD OF COUNTY COMMISSIONERS OF COL[.II!R COUNTY, FLORIDA, PROVIDING FOR TIlE ACCEPTANCE OF Al.I. CONVEYANCES MADE TO COI,I.IF.R COIJNTY, A POI.ITICA[. SUBDIVISION OF TIlE STATE OF FLORIDA, AND ALL CONVEYANCES MA[)[:. TO TI It:. COLLIF. R COUNTY WATER-SEWER DISTRICT, WHICH AP, E }IEREAFTER MADE IN COMPLIANCE WITH TIlE DEVELOPMENT COMMITMF. NT REQUIREMENTS OF ANY AND AI.L ORDINANCES AND AGR[:~t:.MI(NTS OR AS AN IN'fLrGRAL PART OF CAPITAl. IMPROVEMENT PROJECTS, \vl IF.R [:.AS, file Board of Caunty Commissioners is the governing body of Collier County. a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of thc ('oilier County Water-Sewer District (hereinafter collcctivcly rcfc~cd to as "Collier County" ); and WI tEREAS, various interests in mai property must be conveyed to ('oilier County for public usc as a rcquircnlcnt of certain development commilmcnts stipulated by Collier Cotmty ordimmccs, in fulfilhnent of obligations which may now or in thc fi~tt~re be contained in agreements between ('oilier County arid any legal entity, and as an integral part of capital in~provcmcnl projects: and \VttI!R [!.,\S. thc formal acceptance by ('oilier ('otmty of sucll rcquircd conveyances is important in that infrastructure maintenance responsibilities arc thereby established, and thc public right to utilize rights-of-way hccomcs documented tbrough such acceptance; and \VI IERF. AS, thc growth of thc County necessitates an increasing nnmber of such coilvcyallccs year after year; alld \\'1 II!RI!AS. thc number of conveyances has caused County staff to bring an increasing number cfi' separate "acceptances" belbre thc Board of County Commissioners via Executive StlmI~lary aiid [{csoJHlion; and WI tF. RI!AS. it is desirable and in thc best interest of Collier County to reduce tile staff time and paperwork which is gcncratcd by thc fimnalizcd acceptance process. NO\V, TitEREFORE. BE IT RESOLVED that all interests in real property which may be convcycd either to Collicr ('otmty, a political subdivision of thc State of Florida, or to tile Board of County Commissioners as thc governing body of Collier County, Florida. and as ex-officio tile Governing Board of the Collier County Watcr-Scwcr District, and which arc conveyed to either entity :ts a development conm~itmcnt rcquircmcnt pursuant to any County ordinance, or in full~lhncnl of:my obligation which may now or in tile figure be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during the completion of a capital project which has been approved by thc Board of County Commissioners, arc hereby acccptcd. · AN[) IT IS FURTIIER RESOLVED fha! in order to document the acceptance oran.,,' such conveyance o[ an in~rcst in real prope~y to Collier Counly, lhe Clerk ~o the Board is hereby amhor~zed Io affix Io any such conveyance instmmenl, prior Io recording in lhe Public Records of Collier County, Florida, a slamp or seal atlesfing ~o acceplance on behalf of Collier Counly. Thc Real Propc~y Management D~rcc~or, or her designee, shnll provide wriHcn notification ~o ~l~c Clerk of Court ~}~a~ lhc conveyance was rcquircd by lhc Board of County Commissioners in Fulfillmcnl of an obligation on behalf of Iht convcyin~ cnlhy or lo compl¢lc projcc~ as approved. AND IT IS FUR'FliER RESOLVED that thc present Ch~i~an ofthc Board orCoumy Commissioners, or any subsequent Chairman, is hereby aulhorized lo cxcculc all documents pc~h~cm lo linc acceptance ofany such convcyancc or the c[car[n~ of Ibc lien oF~ny cnctlmbragcc fronl any such conveyance. AND IT IS FURTHER RESOLVED that staff is authorized to follow proper real estate closing procedures and record all such documents in the Public Records of Collier County. Florida. Tills Rt~SOLUTION ADOPTED on II, is ~ day o[ .- .... 1998 aflcr motion, sccond and majority vole. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , · By: . Approved as to form and legal sufficicncy lteidi F. Ashlon Assist;mt ('ounty .,\llonlcy P~ge 2 RESOI.UTION NO. 98- 9 A RF. SOI.UTION ()F 'DIE BOARD OF COUNTY COMMISSIONERS OF ('OI.LIER COUNTY, FI,ORIDA. REI.ATING TO TIlE ACQUISITION OF PROPERTIES. I)ELEGATING AUTllORITY TO THE CHAIRMAN OF THE BOARD OF COUN'[Y COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE BOARD, AUTHORIZING STAFF TO I'ROCEED WITtl CERTAIN ACTIVITIES REQUIRED TO EXPEDITE SAID PP, OPERTY ACQUISITION, AND WAIVING CERTAIN PROCEDURAL P,F-QUIREMENTS IN ACCORDANCE WITH THE CAPITAL IMPROVEMENT I:-I.}:.MF. NT OF TIlE COUNTY'S GROWTH MANAGEMENT PLAN. \V[tIiR [!.'kS. Ihe expeditious acquisition of property is of paramoum importance to timely completion of magy capital improvement projects, and attaining infrastructure goals in accordance with thc Capital Improvement Element of the County's Growth Management Plan; WI I t'~RI!AS, accomplishing the property acquisition antl construction on or ahead of schedule shall require a properly coordinated team effort among tile individual departments and agencies charged with overall responsibility for tile projects, tbe Office of Capital Projects Management, thc Real Properly Management Department, thc Office of the County Attorney, and thc Board of C{nmty Commissioners. wherein certain routine processes require streamlining and abbreviation wherever possible. NOW. TIIEREFORE. Bt'.' IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONF. P,S OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners of Collier County, Florida. recognizes the importance of completing the various cap/Iai improvement projects ;It the carl/cst possible time; and filrther, the Board recognizes thc relationship of Iht project schedule Io meeting the concurrency requirements of Collier County's Comprchcl~sivc Phm. A N D IT IS FURTI t ER R I~:SOLVED thz, t life Board o f County Commissioners of Collier Courlly, Florida, recognizes the importance of thc land rights acquisition Function and its rclalionship Io the overall project schedule; nnd the Board desires Io facilitate and expedite the hind rights acquisition process to thc extent thai it is empowered to do so by law. AND IT I$ FURTllER RESOLVED that the following measures are reasonably necessary Ibc thc efficient and expeditious rnanagcnlcnt and completion of capital projects: 1. Thc Board of Cotmty Commissioners, in accordance with thc provisions of Chapter 125.355. Florid.'t Statutes, hereby fonnally waives Ibc requirement for a formal, independent appraisal P,-~c;e i report Ibr thc purchase ora propcrty where tile purchase pr, cc of thc parcel (the compensation duc Io lllC properly owner) is less than One J lundred Thousand and O0/l O0 Dollars ($ It)O,f)O0.O¢)). In lieu of thc independent appraisal report, staff is hereby at,tilorized to make purchasc ol'l'crs fi~r tile properties, tile dollar amounts of which shall be predicated on "staff compensation estimates", i.e., based upon independent appraisals (and tile data therefrom) oblaincd on similar properties and upon consideration and application of appropriate market value and cost data pertinent to tile subject parcels. 2. Thc Chairm:m of the Board of County Commissioners is hereby authorized to execute Appraisal Agrccmcnts on behalf of the Board with appraisal firm(s) from tile pre-qualified short-list which, based upon Ibc analysis and rccommendalion of staff, is (are) bcst able to serve tile needs of the project itl a timely and cost-cffectivc manner. 3. [Jpon the approval by tile County Attorney's Office of all documents necessary for the subject property acquisirm~. Real Property Management Department staff is hereby encouraged to offer immediate relive%' to the respective property owners of thc ft, ll compensation (as established by thc apprzfisal or staffcompcnsat~on estimates in accordance with tile provisions of Chapter 125.355, Florida Statutes). in return for tile immediate and proper execution of the respective cascmcnts and/or deeds, and such other legal documents and/or affidavits as the County Attorncy's Office deems appropriate in order to protect tile interests of thc County; and the Board of County ('ommissioncrs hercby authorizes its Chairman and any subsequent Chairman. for thc ]ifc of thc project, to execute any and all agreements and other legal instruments pertincnl to such property acquisition which have been reviewed and approved by the County Attorney's Office. 4. In those instances where negotiated scltlcments may be obtained via the "Purchase Agrccmcmlt" or "Easement Agrccmcnt' mechanism, the Public Works Administrator, or his designee, is hereby delegated the authority to approve tile pt, rcbase of land interests above thc staff compensation cstimatc or appraised value and pay normally related costs when it is in Iht best in,crest of thc projccl, v.'ilhin Ibc pro-rata share of the land rights acquisilion budget For tile parcel being acquired, only when the difference betv,'een tile purchase price and the staff compensation estimate or appraised value is less than Fifteen Thousand and 00/1 O0 Dollars ($15.000.00) or Ibc current purchasing limits established by the Collier County Purchasing Department; provided. Project ftmding is available. This settlement approval authority is P~U~.~ 2 !6t 2 delegated by Irc Board orCot,nty Comnfissioncrs to thc extent that such approvals do not conflict widl tile provisions of Section 125.355. Florida Statutes. 5. Thc CImirman of lbo Board of County Commissioners is hereby authorized to execute Purch:mc Agrccrncnts and Eascrncnl Agreements where tile land owner has agreed lo sell tile required hind rights to thc County at their appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by thc administrative agencies el'Collier County. 6. Where thc property ()',,.'ncr agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon thc proper execution by thc propcr~y owner of those easements and/or deeds, and such other legal documents as thc Office of thc County Atlorncy may have required, thc Board hereby authorizes I ) thc ('ounty Attorney, or his designee, the authority to execute a closing statement on behalf of thc Board, and 2) the Finance Department thc authority to issue warrants payable to thc property o~vncr(s) or rccord m those amounts as shall be specified on a closing statement and which sball bc based upon thc appraisal or staffcompensation estimate in accordance with the provisions of Chapter 125.355, Florida Statutes. 7. All title to properties which have been obtained in the manner described above shall be dccmcd "accepted" hy thc Board or County Commissioners, as the governing body of Collier County. Florida, a political subdivision ortho State of Flor/da, and as such. slaffis hereby authorized to record it in thc public records of Collier County, Florida, said deeds and such other instruments as may be required to remove thc lieu orany encumbrance from thc acquired property. THIS RESOLUTION ADOPTED this _~_ day of __ ... · ,, 1998 after motion, second and majority ,,'otc. A'FTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA , Deputy Clerk ~ - - . ~..aim~an Approved tis to form and legal surficiency: Heidi I:. Ashton Assistant County ,,\tierney RESOLUTION NO. 98- 10 RESOLUTION AUTItORIZING THE EXECUTION OF TIlE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR TIlE GA.C. [.AND TRUST PROPERLY BY TIlE CHAIRMAN OF TIlE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO BE EFFECTIVE DURING T[IE CURRENT CHAIRMAN'S TENURE ONLY. WltEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15. 1983 to accept as Trustee 1,061.5 acres of'real property in Golden Gate Estates for the purpose of sale to the public; and WftEREAS, Collier County. Florida accepted the acreage in phases: Phase I on November 15. 1983, Phase I1 and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WIIEREAS, on April 5, 1988, the Board of'County Commissioners approved the marketing procedures for the sale of the (.}olden Gate Estates property conveyed by Avatar Properties inc. Thereupon lhe Real Property Management Department has been actively marketing the property (Phases I through V) for sale Io the general public; and WIIEREAS, there is a benefit to the County and to the public if'the administrative procedures concerning the Real Estate Sales Agreement documents and Stalutory Deeds are expedited, while maintaining lhe safeguards of start'and legal counsel review of such documents; and WttER EAS, the Board of County Commissioners recognizes the benefit of' reducing time For Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreemems and Slatutory Deeds. NOW, TfIEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, that I. The Board of County Commissioners doe:: hereby authorize the Chairman o£the Board o~' County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15. 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Real Property Management Department, the Finance Department and the County Attorney. 2. The authorization ofthe Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the tenure of'the current Chairman. This Resolution adopted this ~ day of ............. 1998, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWlGIIT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: · ':"" BY:~'~"~'"~"' ~~n~ ~ir--~m " Deputy-Clerk . Approved as to form and legal sufficiency; tleidi F. Ashton Assistant County Attorney RESOLUTION NO. 98- I 1 RESOLUTION AUTilORIZING TilE EXECUTION OF DEEDS AND AGREEMENTS BY TilE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, FOR TIlE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, TO BE EFFECTIVE DURING TIlE CURRENT CIIA1RMAN'S TENURE ONLY. WI'tEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake TralTord Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WtIEREAS, the Board of County Commissioners adopted Resolution 87-224 on £eptcmber 22, 1997, which revises Resolution No. 82-105 regarding the operation ot'the cemetery; and W[iEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section For the purpose o['providing a memorial; and W[IEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development o£the cemetery; and WI[EREAS, there is a benefit to the County and to the public ifthe administrative procedures concerning Deeds and Agreements For Deed to Right o£ Interment For the Lake TraFFord Memorial Gardens Cemetery are expedited, while maintaining the sa£eguards ot'staf'F and legal counsel review of such documents; and WIIEREAS. the Board ot'County Commissioners recognizes the benefit o£reducing time for Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. NOW, TI1EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that; The Board oFCounty Commissioners does hereby authorize the Chairman of the Board ot'County Commissioners to execute Deeds and Agreements ['or [)ced to Right of Interment for the Lake TralTord Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May I, 1990, and the County's administration o£ that Resolution. whereupon the Deeds and Agreements ['or Deed to Right of Interment have been previously reviewed and approved by the Real Property Management Department and the Count), Attorney's OFfice. ]'he authorization ol'the Chairman to execute the Deeds a. nd Agreements for Deed to Right of Interment ['or the Lake TralTord Memorial Gardens Cemetery hereunder shall extend solely for the tenure oCthe current ('hairman I 6 04 This Resolution adopted this " day of r'52 , 1998, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC. K, Clerk COL-'E'IER COUNTY~FLOI~,4~A BY: "' ' ...... ,',~.','.'- ,~ -: : L~'"~'~A~,.X~ · Dep'uty Clerk ~.. --~, hairman Approved as to form and legal sufficiencyi J i' l, t l¢idi F. Ashton Assistant County Atlorncy *** 2269152 OR: 2380 PG' 1t83 *** Heicli F. Ashton Assistant County Attorney Office of thc County Attorney 3301 East Tamiami Trail Naples, Florida 3,1112 (941) 77,1-8400 Property Folio No. #3(;,137320000 SATISFA 'TION OF LIEN KNOW ALI, MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONEII. S OF COLLIER CO UNTY, FLORIDA was the owner holder ora certain Liea against: Derilien Dorestin & Rosemie Dorestin P O Box 10354 Naples, FL 33941 The Lien was recorded on November 17, 1{`)95 in Official Record Book 2120, Page 20 ~2, in the Office of the Clerk of the Circuit Court of Collier Comity, State of Florida. The Lien secures thc principal sum of Three Hundred Fifty Dollars ($350.00), plus accrued intercsL and pcnaltics, if any, and imposes certain obligations against real property situated in Collier County, Florida, described os tbllows: Lot 3, Block 23{,), Golden Gate, UniL 7 Collier Coumy, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels thc Lien. The Clerk of the Ci,'cuit Court is hereby directed to record this Satisfaction of Lion in the Official Records of Collier Couaty, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .-' Y__day of ". , · ~ , 199'J. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA "~ ..... ;", - '- .... By RESOLUTION NO. 98- 12 RESOI.UTION AUTilORIZING TIlE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN Tile FI,ORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING CERTAIN EMERGENCY MANAGEMENT REI,ATED ACTIVITIES WtlEREAS, the State of Florida Deparlment of Community Affairs has funds available for emergency management related activities; and WlIEREAS, the State in Agreement #98EM-SN-09-21-10-011 shall agree to provide $38,739.00 to initiate the successful completion o£the activities and projects in the approved five year strategic plan submitted by Collier County and which are applicable to the period oFpcrformance ofthe Agreement. NOW TiiEREFORE BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves Agreement #98EM-SN-09-21-10-01 I between the State of Florida Department of Community Affairs and Collier County in substantially the form attached hereto, and aulhori×es the Chairman to execute and accept the Agreement with all understandings and ~,ssurances contained therein, and to act in connection with said Agreement. This Resolution Adopted after motion, second and majority vote. ATTI".ST. BOARD OF COUNTY COMMISSIONERS I)WIG[ IT E. BR()CK, (TLERK COLLIER COUNTY, FLORIDA Deputy Clerk"' Approved as to form and legal sufficiency: boreas C. Palmer Assistant County Attorney · 16D 6 A( iR E I~M E NT//98 EM-gN-09-2 ! - I 0-011 A(.;RI!I!,XII!NT I{I'YI'WI:.I:.N TI I1:. S'l',,\'l'l! ()F FI.ORII)A I)I.~PARTMI~NT ()F ('()MMI. JNITY AFFAIRS ANI) C()i.I.I El{ COUNTY This Agreement catered into by and between the i)cpartmcnt of Community Affairs (Grantee) and (;oilier County (Subgrantcc). shall govern certain emergency management-related activities to Dc financed by thc (;rantcc. 'I't II';RI']F()RI'L in c~msidcration of thc mutual promises and covenants herein contained. lire panics agree as lbllmvs: I. TF. RMS OF A(;I?,t!I(MIiNT A. This Agrccmcm shall begin on ()trebor I. 1997 and shall continue in full force and cf feet to. and including..September 30. 1998. B. The (;rantcc agrees to allocate Itl thc Subgrantcc tire n'mxirnum sum ofS38,739 which thc Subgrantcc will match with S38,739 to initiate thc succcsslhl completion of thc activities/projects in thc apprtwcd l]vc year strategic plan submitted by this Subgrantec and which arc applicaldc lo thc pcrit,d ,~1' pcrlbrmancc of this contract. ('. It is agreed that liability of thc (;rvntcc t:ndcr ti'tis Agreement shall not exceed the total lhnds rcccivccl and allocated by tl~c (;rantcc lbr this Agreement. I). Thc (;rantcc or Nubgrantcc may terminate this Agreement tbr breach of contract, or in the event of non-availabilitx of I'tmcl~. with such nolicc as is reasonable under thc circumstances. Thc State of Florida's pcrlbrmancc and obligation to pay under this Agrccmcnt is contingent upon an annual appropriation by thc 1.cgislaturc and sutzicct to any modification in accordance with Chapter 216. t:lori~la Ntatutcs. [(ithcr [,arty may terminate this Agreement without cause by giving tllirty (30) days xxriltcn notice to thc {~thcr party. E. Thc Subgrantcc. in pcrlbrming thc requirements of this A[.reemcnt. shall comply with all applicable laws. rules, regulations, ordinances and codes of the l~dcral, state and local governments. Thc payment of flmding provided by this Agreement is contingent upon compliance xxith all applicable laws. rules, rcgttlations, ordinances and codes of the l~deral, state and local governments. Non-compliance may result in thc withholding of lhnds and thc suspension and termination of this .,Xgrccmcnt. 160 6 II. REQUIRE,XlENTS AND ASSURANCES A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal Regulations) Part 13 ("Common Rule"). 44 CFR Part 302, and Office of Management and Budget (OMB) Circulars A-87, and A-133 as they relate to application, acceptance and use of federal funds under this Agreement. Subgrantee also certifies it shall comply with Chapter 252, F.S., Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A.C., as a condition of the receipt and acceptance of funds under this Agreement. 1. The Subgrantee certifies, by signing this Agreement, that to the best of his or her knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, rcnev,'al, amendment or modification ofanv federal contract, grant, loan or cooperative agreement. 2. Pursuant to Section 216.347, Florida Statutes. the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the activities/proJects to be accomplished this 3'ear under this State and Local Assistance (SLA) Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously routed for approval with the Subgrantee's Emcrgc~cy Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its Strategic Plan to be per/brined during the period of this Agreement. Failure to timely complete tasks identified in the Strategic Plan may constitute grounds for withholding funds and suspension and termination of this Agreement. D. Compensation and Financial Reporting Requirements. 1. The Subgrantee shall use the funds available trader this Agreement to pay for State and I.ocal Assistance personnel, travel and administrative expenditures. All acquisitions with a cost of $5,000 or greater r.equire written prior approval fi'om lhe ©rantee. ()MB Circular A-87 should be used 1o provide guidance concerning allowable and unallowable expenditures. The 16g 6 Subgrantee shall be reimbursed on a quarterly basis for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the total allocation shown in Paragraph I.B. of this Agreement. 2. Expcnditurc I~,cporls/Rcin~hurscnlcnl Requests must hc submitlcd to Ibc Grantee on a quarterly basis and are duc within thirty (30) days after the end of each quarter. Progress reports must be submitted to thc (}rantce on a semiannual basis according to the requirements set forth in the Subgrantcc's EMI'A base grant Rjr tile same fiscal period. A final Close-out Report is due within forty-five (45) days after the termination of this Agreement. The Subgrantee shall not receive reimbursement fi~r final expenditures until thc final progress report is received, previous payments arc audited and final approval has bccn made by the Grantee. E. Fiscal and Prozram/\ccountabilitv. Thc Subgrantee must establish fiscal control of subgrant funds and required matching expenditures as required in Federal Emergency Management Agency (FI';MA) regulations and OMB Circulars. The Subgrantee acknowledges that it has full responsibility tbr fiscal and programmatic accountability lbr this subgrant. In the event tile Subgrantce is unable to produce records capable of being audited without reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee shall be disallowed and subject to repayment. The accounting system established and maintained by the Subgrantee must have internal controls adequate to safeguard thc assets of the Subgrantee, check tile accuracy and reliability of accounting data, promote operating efficiency and ensure compliance with described management policies of this Agreement. [:. Recording and Documentation of Receipts and Expenditures. Accounting procedures must provide for an accurate and timely recording of receipt of funds by type ofcxpcnditures made from such funds and of uncxpendcd balances. Accounting procedures must be adequate to ensure that expenditures charged to this subgrant are for allowable purposes and that doctm~entatior~ is readily available to vcrit? that such charges are accurate. Faih~re to create and maintain said documentation may result in thc disalhm.'tmcc and recovery of funds. (]. [lncxpcndcd Funds. [:ncxpcnded funds which arc rcllcctcd on tile linal Close-out Report referred to in Par~graph II.I). above will :mtomatieally revert to the Grantee. and the Grantee reserves the right to unilaterally rcobligat¢ such funds. H. ()bligation of(ir:mt Funds. gubgrant funds shall not be obligated prior to the effective date, or subsequent to the termination date, of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations must be related to goods or services provided and utilized within the subgrant period. I. Retention of Records. 1. :Xll original records pertinent to this .,\grecmcnt shall bc retained by the Subgrantee lbr three years following thc date of termination of this Agreement or of submission of the final closc-out report, whichever is later. I lowcvcr, if any litigation, claim or audit is started before the expiration of the three-year period and extends beyond the three-year period, the records ,.,,'ill be maintained until all litigation, claims or at,alit findings invoMng the records have been resol veal. 2. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the rcqtdrements and objectives of the Scope of Work shown in paragraph ll.C. and all other applicable lav.'s and regulations. 3. The Subgrantce. its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. shall allow access to its public records at reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed according to thc circumstances, but ordinarily shall mean during normal business hours of 8:00 a.nl. lo 5:00 p.nl., local time, on Monday throttgh Frid:,y. "Agents" shall include, but not be limited to. auditors retained by Ibc (3rantee. J. ,.\mitt Requirements. Thc Subgrantce agrees lo maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds ,ruder this ,,\grccn'lcnt. I. These records shall be available at all reasonable times tbr inspection, ~'cview, or audit by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be construed according to circumstances, but ordinarily shall mcan nomml business hours of 8:00 a.m. to 5:00 p.m.. local time. Monday through Friday. 2. Thc ,'qubgrantcc shall also provide iht Grantee with thc records, reports or financial statements upon request for tile purposes of auditing and monitoring tile funds awarded under this Agreement. 3. Thc Subgrantce shall provide thc (;rarncc with an annual linancial audit report which meets tile requirements ,f Sections II .45 and 216.349. Florida Statutes. and Chapter 10.550. P, ules of thc ,.\udit~,r (ieneral. and to the extent applicable, thc Single Audit Act of 1984.31 U.S.C. ss. 7501-7507 as amended 1996. ().X Ill Circular ..V133 for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. '['hc annual l]nzmcial audit report shall include all management letters and the Sub~zrantce's~ response to all fit~din,.zs.., including corrective actions to be taken. 5. The annual linancial audit report shall include a schedule of financial assistance specifically identifying all .,\grccmcnt and grant rex'enuc by sponsoring agency and Agreement llunlbcr. 6. The complete financial audit report, including all items specified in J.4. and 5. above. is due on or before April 30. 1999 and shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassce, Florida 32399-2100 7. In thc event the audit shows that the entire amount of awarded funds, or an.,,' portion thereof, was not spent in accordance with thc cm~ditions of this Agreement. the Subgrantce shall be held liable Ik)r reimbursement to thc Grantee of all funds not spent in accordance with these applicable regulations and Agreement provisions wiflfin thirty (30) days after thc Grantee has notified the Subgrantce of such non-compliance, Thc Grantee may offset current awarded funds to reimburse fi~r previous year non-cmnpli;mcc. If the Suhgrantcc fails to provide thc reimbursement within 30 (thirty) da5 s. then thc Subgrantce authorizes the Grantee to deduct the amount to be rcimN~rscd from any funds axvardcd lo thc Subgrantcc but not yet released by the Grantee. 8. The Subgrantec shall have all audits completed by an independent public accountant (IPA) who shall tlc either a certified punic accountant or a public accountant licensed under Chapter 473. Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. K. Modification of Agreement. l';ithcr party' may request modification of the provisions of this Agreement. Changes which arc mutually agreed upon shall be valid only when reduced to writing, duly signed by each of thc parties hereto, and attached to the original of this Agreement. t towcvcr, the funding amount and match commitment identified in paragraph I.B.. above, may be modified as provided in that paragraph. L. Notice and Contact, 1. All notices provided tmclcr or l~t,rsu:mt to this Agreement shall bc set forth in writing and delivered either by hand delivery, tlr first class, certified mail, return receipt requested, to the representative identified below. Said notification shall be attached to the original of ti'tis Agreement. 2. Thc Representative of the (;rantec is the (;rantce contract manager for this Agreement. Joseph F. Myers, Director, Division of t!mergcncy Management. 3. Thc Representative of the Subgrantce responsible tbr the administration of this Agreement is thc County's Authorized ()fticial who executes this Agreement. 4. In the event that different representatives arc designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in L.I. above. M. Subcontracts. 1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the Subgrantee agrees to include in the subcontract language binding thc subcontractor to the terms and conditions of this Agreement with the Grantee. 2. The Subgrantec agrees to include in the subcontract language stating that the subcontractor shall hold the Grantee and Subgrantec harmless against all claims of whatever nature which may arise out of the subcontractor's performance of work under this Agreement, to the extent allowed by law. 3. If the Subgrantce subcontracts, a copy of the executed subcbntract must be forwarded to the Grantee within thin2,' (30) days after execution. III. MISCELI,ANEOUS RF. QUIRF. MENTS A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. B. Bills for any travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. C. Units ofdelivcrables, including reports, findings, and drafts as specified in Paragraph [I.C. of this ,,\grcement, must be received and accepted by the contract manager prior to payment. D. The Suhgrantec must comply with the criteria and final date by which criteria must be met for completion oC this Agreement as specified in Paragraph I.A. of this Agreement. E. Thc Grantee may unilaterally cancel this agreement for refusal by the Subgrantce to allow public access to all documcr~ts, papers, letters or other material subject to the prox'isions of Chapter 119, FMrida Statutes, and made or received by the Subgrantee in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this provision shall constitute a breach of contract. F. Thc State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized Mien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[S¢ction 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation 6 By the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. G. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may mot submit a bid on a contract with a public entity for the construction or repair ora public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date ofbeing placed on the convicted vendor list. i v. L__F_._('L,5_! .._A_UT_It_Q[~_I~_A._TIQ~ Thc Subgrantce certifies with respect to this Agreement that it possesses legal authority to receive the funds to be provided under this Agreement. The Subgrantce also certifies that the undersigned possesses the autlmrity to legally execute and bind Subgrantce to the terms oftMs Agreement. ]'he Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds for the recession or suspension of this subgrant and may influence future subgrant awards. IN WITNESS t~IEREO}:, the Grantee and tim Subgrantee have executed this Agreement; FOR THE SUBGRAN'FEE: FOR THE GRANTEE: COLLIER COL/NTY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AutPt,orized County Ollicial N."'-'~ ''~' Authorized Department Official i , ,, ' " .... ' C[tAIRMAIX(_ __l_o.?eph F. M_x.e_rs, Division Director Name / Tillc Name / Title Federal Employer II)It 59-6000558 Catalog of Federal Domestic Assistance Number and Program CFDA #83.53,1 State and Local Assistance (SLA) DWIGHT f".. BROCK, CI.EP, K Approved as to Form and Legal Sufficiency .' /Deputy Clerk '" Thomas C. Pah'ner, Assistant County Attorney MEMO~U~ Date: January 15, 1998 To: John A. Yonkosky, Department of Revenue From: Jody S. Kuehne, Minutes & Records Re: item #16D9, BCC meeting date: 1/13/98 - Settlement Agreement with the Office of the Attorney General, State of Florida, to settle disputed medicaid overpayments to the County for the period February 1, 1993 to February 11, 1997 Please find attached one original "Settlement Agreement" to be forwarded to the Office of the Attorney General for the appropriate signature. Upon return of a fully executed agreement from the Office of the Attorney Genera]., please forward same to Minutes and Records for our files. If you have any questions, please contact me at 774-8406. Thank you 16D9 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Settlement Agreement") is entered into on this /~-~ day of _.~._...,.,_,.¢.,....~¢, , 199~', between COLLIER COUNTY, FLORIDA, (hereinafter "the Co y" which term whenever used herein shall mean COLLIER COUNTY, FLORIDA, including all officers, directors, employees, agents and attorneys thereof and their successors, and assigns) and the Office of the Attorney General (hereinafter the "OAG"). WITNESSETH: WHEREAS, the OAG commenced an investigation of the County concerning the County's alleged receipt of Medicaid overpayments from the Agency for Health Care Administration (hereinafter "AHCA") for Medicaid billings for ambulance transportation of Medicaid recipients. The County is the sole provider of ambulance services within its boundaries, providing said services by means of ambulances operated by its Collier County Emergency Medical Service. All billing and collection for the above services is the responsibility of the Collier County Revenue Services Department. The OAG, through its own audit, determined that certain ambulance transports were incorrectly billed by the County as Advanced Life Suppod. WHEREAS, The County and OAG, desire to conclude the aforementioned investigation and to settle and compromise all claims arising out of such investigation that were asserted or maintained, could have been asserted or h:\molissa\ems stlmnt agrmt.do6 6O9 maintained, or which in the future could be asserted or maintained by the OAG or the AHCA against the County; NOW, THEREFORE, in consideration of the premises and the mutual promises, agreements and covenants herein, including, but not limited to, the payment of the Settlement sum as described in paragraph 4 below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows: 1. As used herein the term "Investigation" shall mean the OAG's examination of the County's receipt of Medicaid overpayments relating to the ambulance transportation Medicaid recipients during the period February 1, 1993, to February 11, 1997. 2. The term "Parties" as used in this Settlement Agreement shall collectively refer to the County and the OAG. 3. it is expressly understood and agreed between the Padies that this Settlement Agreement, and the payment and release provided hereunder, are not and shall not be construed to be an admission of liability or any acknowledgement of the validity of any of the claims which were or which could have been asserted by the OAG against the County, arising out of the Investigation, which liability or validity is hereby expressly denied by the County. 4. The County on behalf or itself, its current and former officers, directors, employees, attorneys, and other representatives, agrees to pay to the State of Florida the sum of One Hundred Sixty Thousand Dollars ($160,000.00). Of this amount, AHCA shall receive the amount of One Hundred Forty Thousand h:\melissa\ems stlmnt agrmt.doc Dollars ($140,000.00), and the remaining Twenty Thousand Dollars ($20,000.00) shall be deposited in the Medicaid Fraud Control Trust Fund. 5. The County agrees to pay Twenty Thousand Dollars ($20,000.00) of the amount provided in paragraph 4 above in one lump-sum payment to the OAG, within 10 days of the date of the Agreement. Said payment shall be made by County check. The balance of the amount shall be paid in fourteen (14) bimonthly installments of Ten Thousand Dollars ($10,000.00) each, beginning the 15TM day of the second month following the execution of this Settlement Agreement. If full payment is not made as provided, this Settlement Agreement shall be of no fudher force or effect and neither party shall have any right hereunder unless the payment date is extended by the OAG in its sole discretion. 6. Upon full payment to the OAG of the amount provided in paragraph 4 above, the OAG hereby agrees to release, acquit, and forever discharge the County from any and all actions, causes of action, obligations, liabilities, claims or demands for compensatory, special, punitive, exemplary, or treble damages, claims or relief, or demand whatsoever in law or in equity, civil or administrative, which were asserted or maintained, could have been asserted or maintained, or which could in the future be asserted or maintained against the County in any action or proceeding, based upon, arising out of, related to, or connected with, directly or indirectly, any of the matters in the Investigation. 7. The Parties have agreed that the payments and settlement made pursuant to this Settlement Agreement constitute a complete resolution and settlement of all issues and matters relating to or the subject of the Investigation· h:\rnelissa~,ems stlmnt agrml.doc Upon the County's fulfillment or its obligations under this Settlement Agreement and payment oi' the sums provided herein, the Investigation, as defined in paragraph 1, shall be concluded. 8. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties. 9 This Settlement Agreement constitutes the entire agreement between the Parties with regard to the subject matter contained herein and all prior negotiations and understandings between the Parties shall be deemed merged into this Settlement Agreement. 10. No representatives, warranties or inducements have been made by the OAG concerning this Settlement Agreement other than those representatives, warranties, and covenants contained in this Settlement Agreement. 11. No waiver, modification or amendment of the terms of this Settlement Agreement shall be valid or binding unless in writing, signed by the Party to be charged and then only to the extent set forth in such written waiver, modification, or amendment. 12. Any failure by any Party to the Settlement Agreement to insist upon the strict performance by any other Party or any of the provisions of this Settlement Agreement shall not be deemed a waiver of any of the provisions of this Settlement Agreement. 13. This Settlement Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles. h:\melissa\ems stfmnt agrmLdoc 6D9 14. The Parties acknowledge that this Settlement Agreement is being entered into to avoid the expense and length of further legal proceedings, taking into account the uncertainty and risk inherent in any litigation. 15, This Settlement Agreement, any exhibit or document referenced herein, any action taken to reach, effectuate or fudher this Settlement Agreement, and the terms set forth herein, shall not be construed as, or used as, an admission by or against any of the Parties of any fault, wrongdoing, or liability whatsoever, or as a waiver or limitation of any defenses otherwise available to any of the Parties. Entering into or carrying out this Settlement Agreement, or any negotiations or proceedings related thereto, shall not in any event be construed as, or deemed to be evidence of, an admission or concession by any of the Parties, or to be a waiver of any applicable defense. However, nothing in this Settlement Agreement, including this paragraph, shall be construed to limit or to restrict the County's right to utilize this Settlement Agreement, or payments made hereunder, to assert and maintain the defenses of res judicata, collateral estopple, payment, compromise and settlement, accord and satisfaction, or any legal or equitable defenses in any pending or future legal or administrative action or proceeding. 16. In any clause, provision, or section of this Settlement Agreement shall, for any reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other clause, provision, or section of this Settlement Agreement, and this Settlement Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable clause, section, or other provision had not been contained herein. h:\melissa.'.ems sflmn! agrmt.doc 1 6D9,, 17. This Settlement Agreement, was executed after arms length negotiations between the Padies and reflects the conclusion of the Padies that this Settlement Agreement is in the best interest of all the Parties. 18. Each of the Parties participated jointly in the drafting of this Settlement Agreement, and therefore the terms of this Settlement Agreement are not intended to be construed against any of the Padies by virtue of draftsmanship. COLLIER COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL D E PA RT M.,F_, N T ,,~) p-EEG-"A'~A.F FA I R S Ch-a'"~man ' ' ' %. '%,% '% By: PE-TER-~NA661 ¢.,,.q.,,¢~ ~ BOARD OF COUNTY COMMISSIONERS Deputy Attorney General for COLLIER COUNTY, FLORIDA the State of Florida ATTEST: Dwight E. Brock Clerk of Courts Approved as to form and legal sufficiency: County Attorney ~,.~ h:\melissa*,ems stlmnt agrmt.doc I6G1 IIOAI?,D OF C'OUNTY COMMISSIONERS MISC'I';I.I.ANI:iOUS CO RI~ l.'.S t~ON i) F. NC E .IANUARY 13. 1998 FOR BOARI') ACTION: 1. MISCI:.I.I.ANt:.O[IS ITI..'MS TO FII.E FOR RF. CORD WITI-I ACTION AS DIRECTI-~D: 2. ()ther A. I.cttcr from Michael A. Welsh. Control. Collier County Tax Collector's ()ffice rcl~'Fcncing distribution of Current Ad Valorem Tax and Non-Ad Valorem Assessment to BCC after Tax Collector's commission and distribution recap showing year to date tolals ol'taxcs collcctcd net oFdiscount for 1993. 1994. 1995. 1996 and 1997. AGENDA ITEM JAN Honorable Timothy Hancock, Chairman Board of County Commissioners Collier County Courthouse - Admin. Bldg./3 Naples, Florida 34112 Dear Mr. Hancock: For your information, tiffs date we have made a distribution of Current Ad Valorem Tax and Non-Ad Valorem Assessment to the Board of County Commissioners, after Tax Collector's commissions, as follows: County Wide $3,636,475.65 Dependent District 1,136,321.61 Solid Waste 299,978.74 Grand Total ~ Attached you will find a distribution recap showing year to date totals of taxes collected net of' discount for 1993, 1994, 1995, 1996 and 1997. Yours respectfully submitted, Michael A. Welsh. Controlle?""~ Collier County Tax Collector's Office Norris Hancock MAW/pId Constantine encl. Mac 'Kie Berry cc: Hon. Timothy J. Constantine Hon. Barbara Berry Hon. John Norris Misc. torres: Hon. Pamela MacT. ie ] ) Mr. Robert F. Fernandez, County Administrator Date: I (5 ~ _ Hon. Guy L. Carlton, Tax Collector Mr. Claude A. Haynes, Deputy Tax Collector l Mrs. Marilyn Lewis, Property Tax Dept. Director Itemtt ".:-4 Copies l'o: IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL 1 6 ~ 1 CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION STEPHEN Ro WATTS, Plaintiff, vs. Case No. 97-2201-CA-01-TB BETTER ROADS, INC. COLLIER COUNTY, FLORIDA, and THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~efendants. / STIPULATION FOR SUBSTITUTION OF COUI{SE~m COME NOW the parties to this action, by and through their undersigned counsel, and stipulate that the firm of Henderson, Franklin, Starnes & Holt, P.A. shall be substituted for Michael W. Pettit, Assistant County Attorney, as counsel of record for Defendant Collier County, Florida and Michael W. Pettit, Assistant County Attorney, shall have no further responsibility for Defendant Collier County, Florida in this matter. DATED this /~f~ day of ~_ , 1998. HENDERSON,FRANKLIN, STARNES & HOLT OFFICE OF THE COUNTY ATTORNEY Attorney for Better Roads Attorney for Collier County P. O. Box 280 3301 East Tamiami Trail Fort Myers, Florida 33902-0280 Naples, Florida 34112 (941) 334-4121 (941) 774-8400 By: B ... err'en~e.~P, orter, FBN:177406 'chael W. Pettit, FBN:97~3~6 ~; : BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, Client