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Agenda 11/24/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 24, 1998 9:00 a.m. NOTICE: Al.i. PERSONS ~t,'lSlllN(; 'IO SPEAK ON ANY A(;ENDA ITE.M 511;ST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER V, TI'll 'I lie COUNTY ADMINISTRATOR .P,RIt')R TO TIlE PRESENTA'I'ION OF 'rile AGENDA ITEM TO ill'; ADI)RESSEI). REQUESTS TO ADDRESS TIlE BOAIID ON SI;iI.IEC'IS WIII('II Alit: NOT ON Tills AGENDA blUST BE SUBMITTED IN %'RI'lING WI'Ill EXI'I,ANATI¢IN TO TIlE COUNTY ADSIINISTRATOII AT I,EAS'I I) DA~'S I'I{IOR TO'[lIE DA'I'E OF TIlF. 51EE'I*ING AND Wll,I. BE IIEARD UNI)ER "PI~ilI.I(' PE'rI'FIONS". AN~' PERSON WItO DEl'IDES 20 APPEAl, A DECISION ()F Tills BOARD WII.I, NEED A RECORD OF TIlE PROCEEDIN(;S I'EI{'I'AINING 'i IIEI{E'FO, AND 'illEiIEFORE MAV NEED TO ENSURE TIIAT A VERBATI.M RECORD OF TIlE PROCEEI)INGS IS MADE, ~VIIICll RECORD INCLUDES Tile TESTIMONY' AND EVIDENCE UPON ~VIIICII Tile APPEAl. IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS ~11,1, BE I,IMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAl. TIME IS (;RAN'FED BI' TIlE CiIAIRMAN. ASSISTED LISTENING DEVICES FOIl 'tile lIE.AIlING IMPAIRED AVAIl,ABLE IN TIlE COUNT~' CO.MMISSION'ERS' Of'VICE. LUN('II RECESS SCIIEDI'I,EI) FOIl 12:1~0 NOON TO I:l~l~ P. SI. 1. INVOCATION - Fail,er .Jt)~cph Spinelll. SI. Eli/ahclh S~.mn Catholic Church 2. PLEDGE OF ALI.EGIANCE 3. APPROVAl. OF AGENDAS A. APPROVAl. OF ('ONSEN'[' AGENDA. B. APPROVAl. OF SUMMARV AGENIIA, C. AI'PI~OVAI. OF RI:(;I'I.AR AGEN'DA. 4. APPROVAL OF ,MIN U~-ES A. N,~vml~cr J, 1')9~ - Rc~tdar Illt'clifl2. 5. PROCI.A31ATIONS AND SERVICE AWARDS A. PROCI,ASIATIONS I) Prochmmtion prl~cl;fimh]g l)ccember 1,199ff as World AIDS Da~ in Collier County, To he accupled b) M~. Andrea L. Ta)lor. Ilcallh Educator. Co-Chair. World AID~ Day 199g. I Noxcm~r 24. 199g B. SERVICE AWARDS 1) Palrlcla McLaughlln, EMS - 5 years 2) Bradlc Allen, Parks and Recrcallon - 5 years 3) Joannc Stanek, Road and Brid?.e - 5 years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT 7. PUBLIC PETITIONS 8. COUNTY AD31INIST~TOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS C. PUBLIC SERVICES !) AIq~oJnl a Commissioner tn Ihe Youth Aclivilics Advisor) Committee. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Adoption of resolulion refundin~ Ihe Collier Counl3' XVater/Scs~er Distrlcl Rexenue Bonds. Series 1991 and 1992. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPOR'F 10. BOARD OF COUNTY COMMISSIONERS A. Appnlntmcnl of member tn thc Tnuris( Dcvclnl~mcnl C~unc/l. B. Appninlmcnt of member In the Immnkalce Enlcrprise 7mne Dcvclol~ment Agency. C. Apl)oinlmenl of membcr.~ In thc Affnrdable }lnu~in~ Commis~inn. 11. OTllER ITEMS A. OTiIER CONSTITUTIONAL OFFICERS I) Discusshm of funtlin~ lass' enforcemcnl sen ices to 3larco Island. B. PUBLIC CO3131ENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE IIEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC IIEARINGS - BCC 2 Novelnber 24. 199g COMPR£11£NSIV£ PLAN A,'slENDMENTS B. ZONING A,M END,~I ENTS l) CONTINUED TO DE~EMBER ~ 199~. Pclilion PUD-gg-IJ. ~ B~cc Andcr~n of Young. s'~n As~cndcrp & Varn=doc. P.~.. rcprc~cn[in~ Colllcr Desclopmcnl Corporation, requesting a rezone from ~A" Rural A~rlculture to "PUD" and ~PUD' to ~PUD Planned Unit Dcsclopmcnt to bc knos~ n as Colllcr Tracl 21. fo~crly Bcachss'ay PUD. for a golf course and accc~soo and incldcntal facilhics including a clubhouse. 5fhffflO nquarc feet of C-3 commercial uses and/or a hotel on propc~y located bcl~sccn U,S. 41 on thc cast and Vandcrbilt Drive on thc I)ing no~h of I I1~s Avenue and aouth of thc Cocohatchcc Riser, in Scctlon 21. Toss nnhlp ~8 South. Range 25 East. Collicr County. Florida, con~istlng of 267.44 plun or minun acrcn. C. OTIIER 13. BOARD OF ZONING APPEAI,S A. ADVERTISED PUBI,IC IIEARISG5 I) CONTINI;ED INDEFINITEI.Y: Pclilbm v-gg-19, J;~y ,M;tlamld~), rcprcscnllng Gulf Coa~l Dcsch~pmcnt Grmq~. L.C.. rcqucnfin~ approsal lo increase thc m:~xlmum pcrmi.ed fl~,or arc~ ratio tff .45 Io .66 lo consider a buildin~ s~ilh a maximum of 225,291 squ;~re fcct fi~r an lndcpcndcn~ Care Lislng FaciliD' and A~i~tcd Care Lh in2 F~ciliD fi~r prnpc~? located to Iht ~nu~h of Vanderh~lt Beach Rt~:~d Extension, no~h of Arh.r B~ulcv~rd. and ~c~l of Vinc~;trdn Boulevard, further described an Tract S-I, Vinc?ards Unit ~. in $cclion ~, To~s'nship 49 South, R~n~c 26 East. 2) Pcllil.n v-gg-g. William L. llooscr of llooscr Planning, rcprcscnfing Ro~cr D. XVhhcrs and OPM USA. Inc., rcqt~e~llng a variance of 65 fccl from lhc rcquircd height of 1~5 fccl tn 250 fcct fl~r an ex[sling communicalhms gosscr for propc~y h~calcd al 563tl T:~?b~r Ro;~d. ssithin Iht J & C lndu~Irial Park, in Scclion II, T. ss nshlp 49 Sou~h, Range 25 East. Cailler Count), FL 3) Pclitlon CU-98-19 Arn:fldo llcrn:mdcz of Ark~cx 2. representing lhc Florida S~a~c Dcl~a~mcnl of Juvenile Justice, rcqucs~in~ Conditional Usc ~3~ of ~hc Public U~ "P" zoning dls~rlct fi~r a juvenile dc~cnli~m ccnlcr fi~r 2.5 acrc~ of propc~) I~a~cd at thc Colllcr County Gos~crnmcnt Ccn~cr at thc in~crnccfion of Ai~o~-Pullin~ R.:.I :~nd U.S. 41 in Section 12. T~.snshil~ ~ Sou~h, R~ngc 25 Ea~, Colllcr Count), Fl.rida. B. OTIIER 14. STAFF'S CO,XI3I t:NICATIONS 15, BOARD OF COUNTY CO31~IISSIONERS' CO,XI3IL'NICATIONS 16. CO,NSENT AGENDA - All m:ttlcr~ Ii.sled under Ihis ilem arc considered to he rouline and action ssill be tab:eh by one moti~m ss itl.~ut scp;~ral¢ di.~cu,sslon of each item. If di~ussinn is desired by a member of the l~oard, Ih:ti item(~) will be removed from the Consent A~enda and considt:red .separatel)', A. CO3131U.NITY DEVELOI',XiE.NT & ENVIRON~IENTAL SERVICES 3 November 2.1.1998 I) ^ccept eon~'eyance of easements for the placement of a ilft st-,llon and 2) Petition CU-gG-16E, Dr. Ncno J. Spagna. representing Apos~olk Asscmhb' of Fa~h in Christ Jesus, requesting second extension of a Condhlonal Use for church in the "E" E~talcs zoning dhtrict for propc~y Iocalcd on lhe east side orSan Marco Boulcrard al)proximately one mile no~h or Radio Road. 3) Request lo c~tcnd ~hc term of George H. HcmanJon {o s~'c on ihc En¥ironmcn~al Advisory Board until {he successor Environmcn[al Board crca{cd. 4) This item has bccn dclclcd. 5) This item has bccn deleted. 6) Adopt a rc~olu~inn and apl)ro~e a real cst:nc saks agreement between lmmokalcc Ilahital for ilumanhv. Inc.. a Florida non-profit co~oration, N/~A llabhal for llumanit) or ~llicr County, lac., and Collier County. 7) Request to apl)ro~c f,r recording the final I)1;~/of Gtc?' O~ks Unit Tssch'c and approval of Iht l)c~r~rmancc sccuri/). g. PUBLIC WOR~ 1) Award a Consl~cll,n C~mmlcl t, K)le Consl~cllon, Inc. I~ const~ct the proposed Sl)crling Cr)u~ Drainage Imprt~cmcn/s Pr,icc/~31302. Bid 2g~6. 2) AI)l)rnvc a Bud~c~ Amcmlmcnl f.r thc I)urch~c of traf~c si2nul eqUil)merit ncccssury ~o m~kc cxi~tin,2 traffic signals and flushing hc:~cons year 2000 coml~aliblc. J) Auth.rizc Iht Trunsl.)muion Sc~ kcs Dcl)a~mcnt In remove the non- ~sarranlcd traffic si2nal at Ibc intersection of Goodlcttc. Frank R~)ad and Royal Poinciana Drh'e. ' 4)Rc'apl)ropri;uion of T,uri~t Dc~clol)mcnt Ta.~ Funding f,r Caledon. Projects f.r FY 9~/9'J. ' 5) Request al)l)ro~ al t, u~c fuHds from Waste Tire Gran~ lo c~-Sl)ons,r ~nnln2 track ut Gulf Coast Illth Sch,,I. 6) A])lJro~c Change Order Ten ~lJJ) to thc Construction Contract ~sith 311]mir CrJnsl~c{ion. Inc. r~)r the North County Regional Water Trcalmcnt Plant g- ,MGD Expansion Prnjccl. Contract 97-2691JR. Project 708fg/7092g. 7) CONTINUED FROM ll/l,/gg - Apl)ro~e a R,ad [mi)act Fcc Credit in Iht amount of 52.802.74 r~r thc former Chamber of Commerce hui[ding on U.S. in the Ci~yof g) A~ard Count? purchase of Rc~crsc O~mu.qs .Mcmbra,c Elements frnm ,M;l[crJu]~ Sup])Jicr. ]tydrun~otics, fl~r thc No~xh County Rc~Jon:lJ Treatment Plant g-MGD Exl)Unsi,n Project. Bid 9g-28~5, Project 70g59. C. P~BI,IC SERVICES 4 November 24. 199g I) Ass ard '~n -~recment for scnrd~eepcr scm ices. 2) Authorize an .mcndmcnt Io Ihc P~rks ~d Rccrc~lion Ad~ i~o~' Board Ordln~ncc to rcmo~e ibc specific rcprcscnl~don from M~rco l~l~nd increase thc rcprcscni~llon from il~c Naples ~nd ~rb~ p~rk dls~rlcL 3) Approve a chun~c order io consider a l~l~c~idc ~cbo. 4) This item has been 5) Autho~zc Ibc Chairman to execute a~rcemen~s bct~ccn Collier County and Collier County Ve~crann Council, and between Collier County and the'Ford blotnr Company. Inc.. for continued use of a Ford lcs~ van. D. SUPPORT SERVICES 1) Approval and Execution of S:ni~faction~ of Notice of Promise to Pay and Agreement to Extend Payment of Walcr and/or Sc~cr S~stem Impact Fees. 2) Approval of E~l~en~c~ Rclalln~ Io the Supe~i~or of Elections Warehou~ Move. E. COUNTY ADMINISTRATOR I) Bud2ct Amendment Rt. pon F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items lo file for record ~ hh action as directed. !1. OTItER CONSTITUTIONAL OFFICERS I) Rccommendalion to approve an increase nf nine sssorn Lass' Enforcement Officers in the 199~I1999 Sheri~s office Imdge~ fnr ~he Uniled S~ates Del~anment of Justice Three Year Cop~ in School~ Gran~ Prn~ram. 2) Recommendation tn adopl the budget amendment appropriating car~ fo~s'ard and expenditure bud~cls f.r open Imrch;t~c nrders at Ihe end of Fiscal Year I997 in Fiscal Year 1998. 3) Alq~rr~val of Arbi~ra~c C;dcul:uion A2rccmcnt ssizh A~hur Andersen, LLP. COUNTY ATTORNEY I) Rccnmmendafi.n lhat the B~ard of Counly Commissioners approve the Stipulated Final Judgment rclazi;e lo lhe ca~cmenz acquisition on Parcel 526 in the lawsuit entitled ¢~llier C~u.ry v. Duri, I R. Clemens ami Lucille C Clemens, ct uL, Case No. 9~-1393-CA (Lkin~ion Road Extension. Golden Gate Parkway to Radio Road) J. AIRPORT AUTitORITY 17. SUMMARY AGENDA- Tills SECTION IS FOR ADVERTISED PUBLIC IIEARINGS AND MUST MEET TilE FOLLOWING CRITERiA: I)ARECO,MS1ENDATIONFOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY Tile COLLIER COUNTY PLANNING COMMISSION OR OTIIER AUTIIORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING: 3) NO WRITTEN OR O~L 5 November 2~. 1998 OBJECTIONS TO TIlE ITEM RECEIVED B'F STAFF, TIIE COLLIER COUNT's' PLANNING eOM,MISSION, OTIlER AUTIIORIZING AGENCIES OR TIlE BOARD, PRIOR TO TIlE COMMENCEMENT OF TIlE BCC MEETING ON WIIICI! TIlE ITEMS ARE SCllEDUI. ED TO BE IIEARD; AND 4) NO ISDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. A. Adopt ~n Ordinance Amending Collier County Ordinance 92-22. as Amended, Collier County Road Impact Fcc Ordinance, b~ revi~in~ Apl)endix "B" to change the legal duscril)tions of Rood lml)acl Fee Di~frlc~.s 2, 4 and 8. B. Pelilion SV-98-3, N. Paul San Fillppo, E~q. Of Scidcnslickcr and San Fillppo, P.A. reprcsenling Dounc Limlzed Pa~ncrship rcquc~llng a 5 fool variance from lhe required ~thack of 15 feet established fl~r signs tn 10 feel for ~ pnlc sign lo he Ioc~led along i 11~ Avenue in No~h Naples. C. An ordlnunce amending ihe lizle and Suction One of Collier County Ordinance No. ~8-80 lo correcl lhe same scrlvcncr's err~r lhaz occurs in fl~ur pla~e.~: proslding for inclusion in thc Code Lasss and Ordlnunces: prosiding an cff~cthe da~e. D. Pclhlon PUD-90-19f2L Mr, Kennclh B. Cus let of R~l~cl & Andre~, P.A., repre~enllng Ihe Cle~ eland Clinic of Florida, Inc. requc~zing In rezone thc prnpeny prcsiou~ly approscd as a ~PUD" numcl~ lhe A~zron Pla~a PUD In PUD having lhe effect of adding ~n lhe li~z of pcrmlzzed u~cs and increasing lhe m~xlmum building hci~hf for prnl)c~y Ioc~fcd on thc soulh sidc Of Pine R~d~c Ro~d (C.~ ggfi) and thc no~h ~idc of I0's Szrccr SW in Sec~ion 17. Tm, n~h~p 49 South, R~n~c 2fi Easl, Collier Coun~?~ Florida, con~,llng ofg.56 acres. E. Pcriffon V-gg.16. ~:'illiam L. lloo~ur. AICP. of ll,o~cr Planning. rcprcsenring Theodore J. N?lc~c. Jr., rcqucsfin~ a variance of 9 leer from Ibc required rear yard setback 2~ fccz ro 16 fccr for property located ur 442 Roscmcudc Lane. fu~hc/describcd as Loz 17, Roscmcadc a~ Wyndumcre. in Sccllrm 19. Tossn~hip 49 Snulh, Range 26 Collier County, Floridm F. CONTINUED FROM NOVFMBER It~TM MEETING: Pczlzlon PL'D-S9~(3), George L. V~rnudoc of Young, Van As~endcrp ~ Varnadoe. P.A., rcpre.scnring Pu~ncrshlp, rcqucsling ~n amcndmcnr ~o zhc Grey O~ks PUD for Ibc purpose of reducing the number of rcsidcnrial un[l~ from 1.9~6 Io 1,136: incrcu~ing Ibc number golf holes from 45 In 54; relocating the ~irc of Iht ~pproscd hotel from Ibc quadranl Io Ibc soulhc~sl quadr~nL increasing Ibc ucrea~e designated for cnosc~'azion, I~kcs and ss'~lcr munagcmcnl from JSt).l acres 1o 236.7g acres: dclctln~ Iht in~crnal project mad orcrpuss linking thc nonhe=.~Z and souzhca~t parceh ~crn~ Golden Purkssay for prol)eny located in Ibc nonhuc~f, no~hca~l and ~otifhca~f quadranl~ of Airpo~-Pullin~ Road fC.R. 31) and G,hk'n Gate Parkuay (C.~ ash). in Scction~ 2~. 25 and 2fi, Township 49 South. Range 25 EasL Collier County, Florida. containin~ 1.601- acres. (Coml)aaion ~o DOA-ga-I) ' - G. CON'TINt;ED FROM NO;'EMBER ll~n~ 5IEETIN'G: Rcsolufian of thc Board or County Commissioners of Collier Counts dc/erminin~ that revisions lo ~he Grey DcvelNm~en~ Order docs/docs not Cf)Iisi/lUte a sul)sfanfial deviation rcquirin~ further Development of Regional Impacl reviess. 11. CONTINUED FROM NOVEMBER 111TM ,MEETING: Petition DOA-gg-I, Gcnr2¢ I.. Varnadoc of }'Outl~. Vail Asscndcrp & Varnadoc. P.A.. represenlin~ Pa~ncrship. rcqucMin~ an amendment lo the Grey Oaks DRI Development Order No. 90-3, for thc purpose of rcducio~ Ihe number of r~idenllal units from 1,936 ~o increa.~in~ ~he number of ~olf holc.~ from ~5 Io 51: relocatina Ihe site of Ihe approved hotel from Ihe nomheast quadrant lo the soulh~aM quadrant: increasing the acreage designated for consc~'alion, lakes and walcr mana~cmeni from I~0. I acres Io 6 November 24. 199g acres; dclcfin~ thc internal project road ovcrims.~ linking tile nor~hea.,,f and southeast p'-,rccl.~ across Go)den Gate Park~¥a.v for property 1oc~tcd on ~hc nonh~'c~l, no~hcu~t and southeast qundranls of Mrpo~-Pulling Road (C.~ 3]) and ~o~dcn Ga~c Park~'ay (C.~ gH6). in Scc~ion~ 2~, 25 an~ 2~, To~'nship 49 Sourly, Range 2~ East, Collier Counly. Florida. conlainlng 1.601~ acres. (Companion to PUD-89-6(3)) L Recommendation tn adopz an ordinance ~mendlng Ordinance No. 92-60 relating ~o Ihe Ics'y ora 2% Tourist Dcvclopm~nl Ta~ and an additional I% lax Ihroughoul Collier Co.nD' pursunnz ~o ~he Local Option Tourlsl Development AcL Section Florldu Szazu~es, providing for amendmenl to Section Three concerning zhe usc o~ tax revenues Io allow c~penditures for museums o~¥ned and opernled h)' not ~or prnfiz organizations and open ~o the public; providing for confllcZ and ~verabilily. J. Recommendalion lo ndopz an ordinance ~mendin~ Ordinnnce 92-I~ sshlch creeled zhc Tourisl D~elnpmcnl Council; umendinR Section T~o lo provide for addillon of a nnn- voting member ~ilh pro~ssional e~pcrience in Zhe promotion ~nd m~rkcfing or special esunzs: pr~ idin~ fr, r cr~nflicz and .se~ eruhiliiv; I~rn~ iding fl~r inclu.~ion in Iht Collier County Code of l.a~ anti ordinances' providin~ fl~r an effective date. Recommendation that the Board of Counlv. Commissioners of Collier Cnunl~. adopt an t~rd;nancc rcpeallng Ct~llit. r Cnunlv Ordln;~ncc N~. 90-109, ~ hich cstahllshcd thc VandcrlfilZ Beach Area Beaulifica[inn Municipal Sca'ice Taxln~ Unh; i~rn~'idln~ for inclusion in Code of La~,'s and Ordinances: providing fl~r conflict and seYerabillty; and providing an effective ~ Recommendation that tt~e Board of County. Commissioners of Collier County. adopt an ordinance repealing collier County. Ordinance No. 80.5~. ~hich eslahlishcd the Marco Island Cnmmuniz) Center 51unicipal sc~icc Taxing and Benefit Unit; pr~'iding for inclusion in Code of La~s and Ordinances; providing for conflict and sc~crahillt~'; and pr~ iding an cfft'cti~c d;tle. ' ~ 5I. Rccnmmcndatinn that the Board of Count3 Commls~it~ncrs of Collier County adopt an ordinance rcpealina CnUier County Ordinance No. 90-104, ~ h[ch eslahlishc~ the Turnhury Suhdi~ision Street I.igh[ing Munlclp:d Sc~'icc Taxing Uni~; providing for inclusion in Code of Laws and ordinances: providing for conflict and ~vcrability; and prn~iding an effective daze. N. Recommendation that the Board nf Count~' Commissinncrs of Collier Count~ adol~t an ordinance repealing Collier Count) Ordinance No. 80-2tL ;~hich established'thc East N';Ufics Fire llydrant Municipal Sc~'icc Taxing Di~tricz; pm; iding for inclusion in Code of L;~s and ordinances: prn~idlng fl~r cnnfllct and sc~crahiliz~; and prn~itling an effective date. ' O. Rccommend:~tinn that the Board of C'ount~. Commissioners of Collier County adopt an ordin;~nce repealing Collier CounD Ordinance No. 76-58, as amended, ~ hic~ es/ahli.~hcd the Wcstlakc .Municip;ll So,ices Taxing Unil; provldin~ for inclusinn in Code nf La~s and ordinances: proxidin2 for cnnflict anti sc~crat~illt~: and providing an effective d:~te. ' P. Recommendation thal thc Board nf Count;. Commi~shmcrs of Collier Count~. adopt an ordinance repealing Collier Connty Ordinance No. 76-6~. ~ hich established thc Pon- Au-Prince ,Municipal Se~iccs Taxin~ Unit; pn~vidin~ for inclusinn in Code of La~¥s and ordinances; providing fl~r c,nflicl and sescrahiliD; and providing an cffccti~ e datc; Q. Recommendation that thc Board nf County Commissioners of Collier Cnnntv adopt an ' . ordinance rcl}caling Colllcr Cnunt~' Ordinance No. 90-I 111. ~hich c~tahli~hcd the Vandcrhilt Beach Arco Street Li~htin~ Municipal Scnice Taxing Unit; pro~ iding for 7 Noxcmbcr 24. 1998 ioclo~hJn in Code nf l.a~.~ anti nrdin:,nce.~: pro~ idlng fl~r cnnflicl and se~ erabil[l): and prn~idlng an cffecilvc R. R~cnmmenda~inn ~hu~ Ihe ~oard nf C~unly Commissioners nf Collier Cnnntv adnl~l an ordinance repealing Collier CnnnD. Ordinance ~n. ? l-g, ~ hlch e~lahli~hed ibc Water M~na:umunl Di~trlcz ~; provldln~ fl~r inclu~inn in Code of La~s aod ordinances; provldln~ for conflict and severahillD; and l~rovidln~ an cffec~i~ e da~e. S. Recommcndalinn Ihal ~he lloard of Co~snl)' C~mmisslnncrs nf Chiller Cnunlv adOl~l an ordinance rcpcalln~ Collier (/nnol} ()rdloaoce Nh. ~5-12, ~ hich esf:lbli~hc~ Ibc .Marco I~land C~mmun;I)' Park Munic;pal Sc~ice Taxln~ Unit: prnvidin~ fi~r inclusion in Code r~f La~s and ordinance.,,: pro~idln~ fl~r cnnflicl and scvcrabilil): and providing an effective da~e. T. Rccr~mmcndalinn that thc Board nf Cotsnl~ Commi~ioncr~ of Collier Counlv adopt an ordinance rcpealin~ Collier Count) Ordinance No. 87-12. ~hich e~lahli~he~lhe Berkshire Village (at Berk~hlre Lakes. Parcel B) Slrcel Li~h~in~ Municipal Sca'ice Taxin~ Unit: providin~ for inclu~inn in Code of La~s and ordinancc~; providing for conflict and sc~cral)ili[); and i]rn~.idin~ an effective dale. RccommcndaZlon lha[ Ibc Board of C(nsn[) Cnmmi~ioners of Colllcr County adnl)t an ordinance rcl~ealing Collier Chun[) Ordinance Nh. 79-103. as amended. ~ h/ch c~[.d)li~hc(I ~he Sc~cr Area "Il" Son[h Ilalf (East Nal)le~) Mlmlcipal Sen'ice Taxing Un[~: pro~ hJin~ fnr inclusion in Code of La~ s and nrdin:]nce.~: I)rn~ ~dln~ for cnnflic~ and se~ cr:tbili/); and pro~ idln~ an cffccth c V. Rccrsmmcnd;s[inn that thc Bn:tr(J ()f Chunk) Cnmmi~hsnern ~f Cnllicr CnunD~ ad~Sl)~ un ordinancc rcl)calln~ C()llier ChunD. Ordin:]nce N(). 80-86. ~hlch c~lahli~hcd the Unincnrlmralcd Coun~ Area M~mic. il~al Sc~ icc T~xin~ Unit-Rnad and Brid~c; pro~ idin2 for inclusinn in Cnde of L;~.~ and ordinances: prn~idin~ fnr c~n~icz and , sc~ crabJI/l~; and i~rnvidin2 an cffccli~ e dale. W. Recnmmcndal~nn lhat Ihe hoard of C~unt~ Cnmmi~i~mer~ of Cnllier c~unz~ ad~pl an ordinance repealln~ Collier C~unl~' Ordinance N~. ~. ~ hich esl:~bli~hc~ Ihe Children's Suppn~ Sc~'icc~ District: pro~idin2 for inclu~inn in Cnde of La~vs and Ordinances; prn~idin~ fnr con~icl and ~c~crahiliD: and I~rn~iding an cffeczi~c dale, ADJOURN INQI~IRIES CONCERNING CllANGES TO Tile BOARD'S AGENI).~ $IIOUI. D liE ,MADE TO TIlE COI~NTY A DM INISTRATO R'S OFFICE AT 774-n3~3. ,~ No~cmbcr 24. 199~ AGENDA CI[/tNGE. q NOVEMBER 24, I998 BOARD OF COUNTY COM3II.~.~IONER'.$' I~IEETING ADD: ITEM lO(D) - DL~CUSSION REGARDLVG NO PARKING SIGNS ALONG ItA WAH B 0 UL E VA RD (COMMISSIONER NORRL~). ADD: ITEM lO(E) - DL~CUSSION W1TIt BCC AND CLERK OF COURTS REGARDING BOND REFINANCING. (C03L$IL~SIONER MAC'KIE). CONTINUE TO I2/8/98 MEETING: ITEM 16(B)(3) AUTHORIZE TttE TRANSPORTATION SERVICES DEPT. TO REMOVE THE NON-WARRANTED SIGNAL AT TItE INTEI~ECTION OF GOODLETTE. FRANK ROAD AND ROYAL POINCIANA DRIVE. (COMMI.~SIONER CONSTANTINE). NOTE: ITEM 16(B)(2) - TffE ROAD L$IPACT FEE CREDIT, IF APPROVED, WOULD NOT BE TIZ4NSFEIZ4BLE AND ANY SUBSEQUENT LAND USE WOULD NOT RECEIVE A REFUND FOR ANY E,VCESS UNUSED ROAD IMPACT FEE CREDIT. PROCLAfAA 7'ION WHEREAS, the global spread of HIV infect[on and AIOS necessitates a worldwide effort to increase communication, ~ducotion stop th~ ~pr~od of HIV/AIO5; WHEREAS, th~ loint Unit~d Nations Progromm~ on HIV/AIDS(UNAIDS) ob~v~ b~c~mb~r I of ~och yzor os Wocld Aids ~x~nd and ~tc~ngth~n th~ wocldwid~ HIV/AID5: and, WHEREAS, UNAID5 ~timot~ that 3O ~ m[lhbn p~oplz or~ currently Iivin9 with HIV/AIOS, with young p~opl~ undzr I~t half of oll nzw infection: and, WHEREAS, tha American Association for WoHd H~Dh 15 ~cou~gin9 a better under~tondin9 of the cholle~e of H~V/AIDS ~tio~lly recognized that the number of people dtbgno$ed with HIV ond AID5 in the United 5totes continu~ to intrude, with 64L 08~ AID5 co$~$ reported (as of December 31, I~97); WHEREAS, Colh~r Cou~t 612'AIDS~os~ reported (os of July 31, 1998); W~E~EAS, ~ opportoni~ to focu$ on ~ZV inf~ction and around the world: recognize the crueio/ , . COurs~,O'f.the,liOapandemic.. involved in'reducing the . 7w. Compassion for ondl~d support to ~oun~ Commi$$ioner$ of ~ 2'199B b~ d~,~nated ~OU~ and ~ ~ ~ ~" and md~c~tond~9 of and prqg~ ~n~ojot~ the global effort to prevent the further ~preaa or ~2 DOME AMD OROEREO THIS 24th Day of Mavembec 1998. BO~D OF COUM~ COLLIE~ COUN~ FLORIDA A TTE$ T: BARBARA B. BERRY, CHAIRMAN AGENDA ITEH No. ~-~-~ _Z NOV 2 1998 pg. / EXECUTIVE SUMMAIIY AI'I'OINT A COMMISSIONER TO TIIE YOUTII ACTIVITIES ADVISORY COMMITTEE. Objective: That the Board of County Commissioners appoint a commissioner to represent the Count)' Commission on thc Joint Advisor,,' Committee for Youth Activities Committee. ' Consideration: Thc Board previously signed an interlocal agreement with the City of Naples and the School Board lo form a Joint Advisory Committee for Youth Activities. The committee sen, cs two purposes. First of all, thc committee assesses youth requests for both unique and traditional programming. Secondly. the committee fulfills these needs by determining the most efficient means to plan, advertise, and implement these programs. Their proactive role in the community affords tim youth alternative opportunities during holidays and breaks from school. The fourteen member committee is comprised of a member from the Commission, City Council. School Board: a staff member from each entity; a representative from the County SherifFs Department and City Police Department; five students from the high school and middle school level; and a judiciary member from the City of Naples. Additionally, any student from thc middle and high school level is welcome to attend. The committee meets on thc third Monday of each month at Barron Collier High School. (;rowth ,%lanagement: None Fiscal Imp:icl: None Recommendation: That the Board appoint a commissioner to said committee. ~lohn Dunnuck. Operations Coordinator -- Department of Parks and Recreation Maria Ramsey, Director/ l)epamnent of Parks and Recreation Reviewed and ~ Appr°"cO bf~t0r Date: Division of Public Sc~'ices EXECUTIVE SUMMARY ADOPTION OF RESOLUTION REFUNDING TIIE COLLIER COUNTY WATER/SEWER DISTRICT REVENUE BONDS, SERIES 1991 AND 1992. OBJECTIVE: That the Board of County Commissioners adopt a resolution for the issuance of bonds by the Collier County Water/Sewer District to forward retired ali of the District's outstanding Water/Sewer Revenue Bonds, Series 199I and advance refund the callable portion of the Distril:t's outstanding Water/Sewer Revenue Bonds, Series 1992. CONSIDERATIONS: On October 6, 1998, the Board of County Commissioners approved }.he selection of underwriters to forward refund the Water/Sewer Revenue Bonds, Series 1991 and advance refund the callable portion of the Series 1992 Bonds. As part of the approval process, it required the County's Financial Advisor, William R. Hough & Co., to monitor market conditions to determine if the forward rcfimding can be accomplished within the 7% savings parameter established for the 1991 Series bonds. As noted in a previous Executive Summary, combining these refundings will provide a mechanism ifor funding the costs of issuance associated with the Series 1991 Fonvard Refunding and increase the level of savings on the Series 1992 refunding through economies of scale with respect to costs of issuance and staff time. According to our Financial Advisor, market conditions continue to warrant a refunding of both transactions. It is expected that the combined present value savings will exceed $1,800,000. , A forward refunding is structured in two parts, consisting of the sale and closing and the delivery ofihe bonds (90 days prior to the call date). There is no movement of money until the delivery date. Howe~er, prior to the delivery date the County is responsible for certain out-of pocket expenses such as printing of official statements, trustee, insurance commitment fee, verification agent etc. at the time of closing. This amount is estimated at $30,000 by the County's financial advisor, All other expenses, bond counsel, financial advisor, and underwriter's discount will be paid at deliver)'. The County's financial advisor will provide a detailed listing of expenses with a recommendation as to the fairness of the sale. The finance team, composed of the County's Finance Committee, Financial Advisor, Bond Counsel, Undenvriter, and Underwriter's Counsel, has prepared the necessar), legal documents to proceed with the pricing, closing and delivery of the refunded bonds, series 1998 and Series 1999. The proposed timetable calls for a pricing on December 16, 1998 and a closing on December 17, 1998. FISCAL IMPACT: A successful refunding based on recent market conditions will provide total gross savings of over :$2,500,000 and present value savings over $1,800,000 for the County's Water/Sewer District. The net present value savings on the 1991 bonds will not be less than 7.0% of the principal amount of the refunded bonds with a true interest cost (TIC) not to exceed 5.25%. The net present value savings on the 1992 bonds will be sufficient to warrant a refunding as long as the true interest cost (TIC) does not exceed 4.75%. Based on recent market conditions the net present value savings was 4.3%. GROWTH MANAGEMENT I,MPACT: None. AGENDAI-IEM No. S'e-O.) .... N 0 V 2 1,°,98 Pi[.,,,, / .... RECOMMENDATION: That the Board o£ County Commissioners: I) Approve the Authorizing Resolution and its attachments and proceed to refunding the County's Water/Sewer Revenue Bonds, Series 1991 and 1992. 2) Approve the required budget amendment. Edwa~ N. Firin,"Public Works Operations Director APPROVED BY: Date: Robert F. Fernandez, County Administrator pag/rc fundi ngh~mds ~ ~ 2 AGENDA ITEM NOV 2 ~ 1998 . pg. · , EXECUTIVE SUMMARY ~"-', APPOINTMENT OF MEMBER(S) TO TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To appoint I member to fulfill the remainder ora vacant term. expirint, on April 21,21)00, on the Tourist Development Council. ' CONSIDEILATIONS: This 9 member council was established by Ordinance No. 92-I 8 as an advisory commiuee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council'consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the count.,.' and subject to the tourist tax, 3 indMduals involved in the tourist industc: ,.,.'ho have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. Mr. Don York resigned his position effective Jul.,,' 14, 1998. A press release ,.','as issued and resumes '.,.'ere received from the follovdng 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ,AD',,'. CO.MM. O Pauline R. Riemer non-or, ncr'operator 3 .,,'es none Khona E. Saunders non-owner'operator 4 .','es Code Enforcement Board Richard V. Fizzuoglio non-o~vner.'operator 3 .'.'es none Fred N. Thomas. Jr. non-owner;operator 5 .yes Imm EZDA CO.M.~IITTEE RECOM.ME.~'DATION: No Recommendation ..FISCAl. IMPACT: NONE GROV,,'TIt ,MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to fulfill the remainder of the vacant term and direct the Count,.' Attorney to prepare a resolution confirming the appointment. Prepared Bv: Suc Filson, Administrative Assistant Board of Count,,' Commissioners Agenda Date: NOVEMBER 24, 1998 -- AGENQA ~/~EM t4o.JO. - N 0¥ 2 1998 {:,go / _ RECEIVED NOV - 6 1998 FAX (9.I1) 40J.~.331 HOUSING AND URBAN I~IPROVF_,MENT bl E bi O R A N D U bi DATE. Novcmbcr 4, 1998 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Grc~ Mihalic. Director .~*~/"~ Hou'sing and Urban lmprovcm~nt'~' ~/' /' SUBJECT: Tour/st Development Council Vacancy Sue, as vou kno'.v, the last r, vo Tourist Development Council vacancies resulted in the TDC unanimously recommending that all applicants be forwarded to the Board of Count,,' Commissioners for their seleclion / appointment. Considering that the TDC ,,,,'ill not meet a.,z, ai~ ' until Januar'2,.. 25 1999 and in order to meet the 41 days time-frame requirement. I'm forv,'ar~ing the attached grid sheet describing the candidates that applied for thc vacancy so you can prepare )'our executive summau' for the Board's consideration. Thank you for .','our attention to this matter and if.you have an.,,' questions, please call me at ,403- 2330. NOV 2 ~ 1998 pg._ ,.~ ._ Tourist Development Council ~Vame B'or,~' Phone Appt'd Exp. Date Term ltome Phone DateRe,appt 2ndExpDate 2nd Term Li~a M. Buvsse 2~1-~522 04/21~9_ 04~'21/94 2 Years 989 Aqua Circle 2/24/98 042 1/02 4 Years Naples, FL 34102 D~trict: 4 Categoo': Non-Ox~ner/Operator William A. Hall 5~-3200 02/24'98 04,'21/02 4 Years 348 Flamingo Drive Naples. FL 34108 District: 2 Category: Owner/Operator /.~ Don J. York {;;'-/?- ./- ~,:9-1500 03/12/96 04/21/00 4 Years 154 Amblev,'ood Lane 2~2-2501 Naples. FL 34105 District: 2 Category: Non-Owner/Operator Gene Vaccaro 1 I '03'98 04 '21/99 months 4939 Ratdesnake ha,"nmeck Road. Suit 774-COC0 Naples. FL 34II3 District: 5 OCategoo': non-Owner/Operator Je.,~,' Thirion 557-2222 04'18;95 04'21/99 4 Years 475 Seagate Drive Naples. FL 34i03 District: 2 Categoo': Ov, ner,"Operator John J. DougherD' 39~--5000 03'12/96 04,'21/00 4 Years 560 South Collier Blvd. 6/.2.7091 Marco Island. FL 34145 District: 1 Category: Owner/Operator Karen Louv,'sma 695-378~ 02/24,'98 04/21/00 3 Years P.O. Box I 10 Everglades Cit.,,', FL 34139 District: 5 Categoo': Municipal Official No ._/( '.: NOV 2 4 1998 Tourist Development Council "' JY~m~ ~Vor~ Phone Appt'd E. rp. Dote Term llome Plton¢ DateRe.appt 2ndExpDat¢ 2nd Term Bill Barnett 434-4601 02/21/96 04/21/00 4 Years 735 Eighth Street South ' Naples, FL 34102 District: 4 Categoo': Municipal Officer Barbara B. Be,wv 774-8391 01/06/98 01/05/99 I Year 3301 E. Tamiarfii Trail Naples, FL 34112 District: 5 Categoo': BCC Chairman This 9 member ccunc;[ was created on March 23, 1992 by Ord. No 92-18 to make recommendations to the Board of Count,/Commissioners regarding a proj::osed Dian cf uses tourist development tax revenues, for the effective operation of the special projects or uses ct' ~he tourist deve!c.cmen: :ax revenues, and to review all expenditures of revenues from the tour,s: deveJc~:me~t Irus: fuc, d ~,4em~ership consist cf' the Chairman of the BCC, 3 owner/o~,era;crs. 3 non-o',vner/c;era:cr.~ and 2 e!ected municipal officials Terms are ,4 years FL SE.~T: 125.010.4' Staff: Gre~ I',hhahc. HUI D~rectcr.4~..,-2..,,0'~'~ '='~ M F. M DATE: October 26. 1998 ~ -' ' '-'.". TO: Vinell ttills. Elections Office /")2 , FROM' Sue Filson. Administrative Assist . Board of Count.,.' Commissioners RE: Voter Registration - Advisou' Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of Ihe county's advisory comminees. Please let me know if those listed belov,' are registered voters in Collier Count.,,', Also. please list the commission district in which each applicant resides. TOURIST DEVEI.OP.\IENT CO[rNCIL CO.MXlISSION DISTRICT Pauline R. Riemer 532 Briarwood Boulevard Naples. FL 34104 3770 Parkview \Vay Naples. FL 34103 Richard V. Fizzuoglio 321 I Benicia Court Naples. Fl..34109 Fred N. Thomas. Jr. 1802 Farm Worker \Var Immokalee. FI. 3414~ Thank you for .,.'our help. 1998 M E M' O R A N D bi' M DATE: October 26. I998 TO: Greg Nlihalic. HUI Director FROM: Sue Filson. AdministrativeAssista Board of Count>' Commissioners RE: Tourist Development Council As you know. ,.ve currently have vacancies on the above-referenced advisor~, committee. A press o release was issued requesting citizens interested in sen'lng on this committee to submit a resume for consideration. I have attached the resumes recei`.'cd for your review as follows: Pauline R. Riemer 532 Brian`.'ood Boulevard Naples. Fk 34104 Rhona E. Saunders 3770 Parkvie`.v \Vav Naples. FL 34103 Richard V. Fizzuoglio 3211 Benic/a Court Naples. FL 34109 Fred N. Thomas. Jr. 1802 Farm Worker \\'a,.' lmmokalee. FL 34142 Please let me knox,,', in writing, the recommendation For appointment of\he advisory committee within the 41 da,.' time-frame, and I ,.','ill prepare an executive summan' for the Board's consideration. Please categorize the applicants in areas of expertise. Ifvou have any questions. please call me at 774-8097. ' ' Than/.: you for .,.'our attention to this matter. SI: Attachments " AGENISA IjT~,M No. /~' N0V 2 ~ 1998 Pg. 7 Mrs. Pauline R. Riemer 532 Briarv.'t~o~ Boulevard N apl,:.,, Flor,da October 17, 1998 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson: I am making application for the opening on the Tourist Development Council, representing the non-o~ner/operator category as a full time resident of Collier County. Since coming to ~;aples, I have been a President of a local Hor~e O~ners Association, during the difficult times of replace- ment of se,;ers instead of the treatment plants, out-dated. As such, I reached out to Collier County Councilmen for their assistance to educate our homeowners for this need. Tim Constantine kno~s me from meetings ~ith the homeowners at Briar;cod. I have ,;orked as a volunteer for Sheriff Don Hunter in the Personnel Department of his offices. As such I ~as given lie detector tests and put through other types of investigation ~hich, as a volunteer for this County, I thought ,;as ~onderful! If they did this for volunteers, they certainly ~ere being careful ~ith ~ho did this County's business! I ~orked for Mr. Hunter, I believe approximately six months. I ~as also employed by Jack & Pat Stark, the then o~ners of Conditioned Air Corporation from 1990 to 1994. I collected their difficult non-paid bills, and also ~rote up all ~arranties for ne~ly purchased air conditioners. I have lived in a Hobile Home, a Condo, and no~ a House, at my o~n choice, so that I might experience different groups of Homeowners, have some understanding of their local needs, and learn more about Florida La~. I am very interested in the Tourist Industry in this state, and particularly locally in Naples and Collier County. I bring in many ne~ people to visit this area, and see through their eyes a ne~ county, a different perspective. · am familiar ~ith many of our local cultural activities, ~hich include, but are not limited to, golf courses and clubs, The Philharmonic and its programs and The Naples Players, Sugden Community Theatre. I have been pleased to be a of the large group of citizens in this County that teNmuch/~./~ N 0v 2 Mrs. Pauline R. Rierner 532 Briarwood Boul~var,J h'apIc,~, Fl~rida 34104.4728 October 17, 1998 letter to Mrs. Filson (Page 2) money to keep these organizations alive so that government does not have to use as much of its resources for these programs. Thank you for considering my application. As references, I ~ould like to include the following: Sheriff Don Hunter Collier County Complex Building "J" 3301 Tamiami Trail East ~;aples, FL 34112 774-4434 Jack & Patricia Stark (former Co-O~ners of Conditioned Air Corporation, r.tercantile Ay., Naples, Florida) 290 Third Street West Little Hickory Shores Bonita Springs, FL 34134-7323 (941) 992-4569 Scott Smith 811 Coldstream Court :laples, FL 34104 Work: 263-2331 American Association of University Women t~rs. Jeanne F~. Quinn 1084 6th Street South Naples, FL 34102 261-9468 Thank you again for your consideration. Sincerely, - Pauline R. Riemer Encl. Resume AGENDA ~'EM No.,./(~ N0V 2 4 1998 pg. Mrs. Pauline R. Riemer 532 B~,arwood Boulevard Narle~, FlorMa 34104,472S (941 } 643-1177 RESUHE EZUCATiC:;: Graduated from the following: East High School, Auburn, NY 1941, ~ith honors Member: National Honorary Society. Keuka College, BA June, 1945, Pi Gamma Mu Honoary Science Society. 4 years of Field Work Experience. University of Buffalo, School of Social Work, Master's Degree SW, June, 1957. Thesis: "Unmet Needs of Onondaga County." EZPERIEr:CE:45 years of Social Work in many different fields "from Cradle to Grave." 6 Years Casework Supervisor Am. Red Cross, Syracuse & Onondaga County Chapter, Syracuse, NY. Also major Disaster Worker, National Headquarters, Am.Red Cross. 6 Years Director Social Service Upstate Medical Center (formerly,Syracuse U. Hedical School). Taught s; concepts to s; students, nurses and doctors. District Supervisor, State of Arizona State Dept Phoenix, AZ. Visited U.S. Public Health Service Hospitals on 14 Indian Reservations. Supervised County Districts alerting them to ne~ regulations from State & Federal Governments. Director of Social Service Mercy Hospital and Mercy Health & Rehabilitation Center, Auburn, NY a 100 Ned hospital & 317 bed Rehab Center. Supervised Dept., in charge of all admissions and teaching. Eleven years. 2! years ;ith Sunnyside Hursing Home, East Syracuse ;;Y as Director of Soc. Ser. & Admissions. Taught neg personnel and accepted students from the Schools of Social Work at Syracuse & Buffalo Universities for their Field Work to obtain their MSW's. RETIRED: June, 1989 to live year round in Naples, Florida, where I had lived ~inters since August 1981. NEHEER: National Association of Social Workers and the Academy of Certified Social Workers. Member: International Social Work. In 1970 was one of U.S. Delegates to the World Conference on Social welfare, Manila, Philippines. Traveled extensively in the Orient, learning their social problems Listed: Who's Who of Am. Women; T~o Thousand Women O.o,,O''~ Achievement, London, England; International WI ~,,' Nov 2 Mrs. Pauline R. Riemer 532 Rriar~,'ood Boulevard Naples, Florida -14104.4728 RESUME (Page 2) Who in Community Service; NASW Register of Clinical Social Workers. AWARD: Received the 1993 LifeTime Achievement A~ard for more than 40 years in social ~ork from the Central MY Chapter, National Association of Social Workers. Pauline R Riemer kGENDA -IT_EM -- No._.~ N 0 V 2/~ ~998 Pg.,// P, hona E. 5aunders 3770 Parl~iew V/ay, IVaples F/or/da 34103-2737 94~/434-9230, fax 94~/434-0495, ~-mail m~di~ ~ naples, n~ October 20, 1998 ~ Ms Sue Filson Administrative Assistant ~oard of County ~ommissioners . - · .. 1301 Tamiami Trail East Nap[es, Florida 34112 Dear Ms Filson and County Commissioners Please accept this letter as my formal application for appointment to the Collier ¢our. ty Tourist Development Council. I have the experience, interest, dedication and energy to serve as an impartial, effective member of the Tourist Development Council. The TDC, in my opinion, is very necessary and responsible group; and I share the Commission's desire to obtain high quality recommendations in an expedient manner. As a resident/property owner in Collier County for the past five years, l have been active in the business community as well as the non-profit and community relations arenas. I am a business consultant specializing in providing practical, realistic business survival, marketing and business operations advice and mentoring. On a volunteer basis, l share my expertise, time and energy with many ?cups and organizetions in the County. Professionally, as a business owner/entrepreneur in Washington, D.C. for more than 25 years, I owned and managed a successful marketing communications business, founded and published two national trade magazines, owned and operated a restaurant and dinner theater, and was a licensed real estate broker in two states, I have extensive experience in all aspects of travel and tourism special events and promotions--I understand what is realistic and what is not. [ ha_w_ AGENpA ~M No. lC; knowledge of special event planning, budgeting and implementation; and ]~ recognize and respect the uniqueness of Collier County. Zf appointed to the Tourist Development Council, 3[ look forward to fulfilling my duties and responsibilities to those with whom ~Z will be serving: the Collier County ' Commission and the residents and businesses of ¢olli¢r County. Sincerely, ,-- ~ Rhone E. Sounders AGENDA /~EM NO. /'~ . NOV 2 ~ 1998 F,g. Z? Rhona ff. Saunde s 3770 Parkv/ew Wa}/, A/ap/es FL 34103-2737 941/434-9230, fax 94 /434- 0495, ernail media naple$, ne t :L,~ entrepreneur...a communicator...a dedicated business mcntor...a world traveler...and an eternal o?fimist. Rhona Saunders is all of these people, and more. With 30 ye.ars of hands-on t~usincss experience, her practical, successful approach to ?roblcm-solving h,'t.s enabled her to create, manage and grow such diverse businesses as an international m:u'ket~ing communications firm, two national trade magazines, several national a.s.~ociat~ons, a droner thc.~ter and numerous small real estate syndicates. Strengths: ~ter s:rer',~hs are in strategic planning, business devclo?mcnt/sur','ival, mar;:cti~.z...and crza:m~ pubhc-pn:'ate sector p.~ncrships to achieve common goals. ~I~nrougEvu: }',er career, she h,'t.s voluntarily helped many small- and mid-size businesses sur.'ivc a.~d prosper. Toge:her with her husband (award-winning journalist Terrencc J. 5tiller), she }',~ completed a technical assistance project in Poled for the International Executive Sew'ice Corps: in Mazch 1997, they were selected to serve as the first Volunteer E:.:ezutives in IE$C's nc~.vlv laznchcd dc, mesdc progzam. Nationa!.ity: L'.5. Expertise: Nonprofit trade and professional associations, hotels and thc hospitality ind~stu': rc:fl e.~ta~e economic d¢:'elopment (,.government and civic) agencies; magazine p~bhshmg, fi:a~cial insUrer:ohS, professional service firms, travel agencies, advertising and publ:c relat:ons, and emerging businesses. Education: 1966 DS Journ.~lism and Political Science, Ohio University, Athens, Ohio, with advanced styli:es at .'\mcr;can UmvcrslD', \X'ash:ngton DC. Em?loyment Record: 1992--Field Director ,'md Vobnteer E:'<ecutive, International Executive Service Corps. Successful technical assistance projects for IESC include an automotive p:u'ts disr. r/butor in Poland and an aluminum tool box and grill manufacturer in Ark:msas. Business mentor m Naples, Florida; advisor and board member to McCabe I3rcmer Travel, Washington, DC. tg$4-1992--Founder, president and CEO of The Saunders Company, an international marketing communications F, rm headquartered in \Vashington, D.C.; founder, ,,'ice president a~'~d publisher of Currents Magazine, a nationally c{rculated trade magazine; editor in chief of Association Leader Magazine, an internationally cir~lated publication for the nonprofit sectur. Previous professionaJ positions include senior management staff of two large advertising- public relations agencies, editor at CBS affiliate \~q"OP Radio (all-news consultant format), to the Small Business Administration, operator/part owner ora restaurant and a dinner AGENDA .~EM N OY 2 theater, licensed real estate broker in \V~shington, DC nad Virginia. nnd inFo.anon director ~or the world's largest credit union. Organizations and ActlsSdes: 1. Collier Count.' Code Enforcement Bo~d, Sou~, Vice Char 2. Collier Count,' EMS AdvisoO- Council, member (~ te~ expired 8/98) 3. Naples Press Club, President (1998-1999) 4. Naples CommunirS Hospit~, char, Emergency Room volunteers 5. Mended He~, Inc., co-founder, Naples Chapter, Accredited Viskor 6. Women's Polinc~ Cauls of Collier CounD', Bo~d of Directors, pro~ chair 7. FOCUS T~k Forces on He~, Govem~ce 8. James I~renzo W~ker Vo-Tech Center, advisor 9. P~k Shore Associa=on, member 10. Fhends of ~c Libra:', member II. English SpeC;lng Union, member 12. M~co Island Film Fesfiv~, volunteer ~d advisor 13. Naples Aquahum ~qd Ma8ne Habitat Founda~on, advisor 14. To'a'n I Ia!l I.ec~re Series, public relations advisor 15. American Socie~' of Travel Agenu, member NOV 2 q 1998 pg ._'/.~- ~ OF NA?L~$, 5150 TAMIAMI TRAIL NORTH " NAPLES, FLORIDA $4103 Fax Cover Sheet DATE: October 6, 1~8 TIME: f1:50 AM TO: SUE FILSON PHONE: FAX; 774-3602 FROM: R/chard V. Flz. zuogllo, Vice President PHONE: 94f-649.f500 888-649.1500 FAX: 941-649-1411 RE: APPLlCATION FOR TDC IN RESPONSE TO AD FOR THIS OPENING. COPY TO: Number ¥£age~ including co, er sheet: ,~ c~. AGENDA ITE~ No. ,,/_~'J~ N 0t/ 2 ~ 1998 October 6, 1998 Ms. S. Filson, /tdmint, ctralive Assistant Board of Count)' Commissioner 3301 Tamlaml Tra!l EaJt Naples, Florida 34112 Dear Ms. FilJon; In response to the rectnt prel~ release, I would like to be considered for the Tourist Do'elopment Councll po~Mon now open. I have enclosed my resume, wMc3 outllne~ my previou~ ~rpe~ence In banMng. Currentb. I am employed b)' the CommuntO. Bank N.A., ax a business d~lopment and lending officer. I am involved in man)'profes~ional and civic o~anl~atfon~. 1 ~ on the Board of the Southwest Florida Film A~'so~' Council & FHm Comml.~Jlon; Collier Coun~ Economic D~'elopment Council Ie~ing on the ~w Buytness D~elopment Comminee;the Board of Directo~ of the ~5~ples Gu~Xhore RataO, and Chair of lnternattonal Semice; President of the Barton Collier Hlgk School Band Booste~, which i~ a suppo~ group for the High School Band; 3~ples Area Chamber of Commerce as a Diplomat, and ~e~ed a~ the Chalr for the Education Commlnee K - 1Z Since I have been in NapleJ 13ave le~ed on the Health Care Commi~ee for the Chamber of Commerce, the Collier CounO. Banking Pannership, and have been activeb. {n valved In t~e Economic D~'elopment Council I beli~.e m)' ~pe~ence tn the area of finance and entertainment [ndustO. wilIprove an asset on the queltfons which m~' come ~efore or under consideration by the Council. l alIo beli~e that wh/le reaH~ng the issues and nature of the re,on m)' involvement with tou~sm ~ a non. hasp[taRO' owner w~l prove to be an as.~et to council'l anal).sis and recommendat[on~. I lookfo~'ard to the oppo~n~e~ and chMIcnges before thc TDC. I beli~c we are in a pe~od of growth. During th~ 6me it is essential to have the foresight to plan ltrattgles that are cost effective and beneficial to the communlO, at large, as well as the hospaaliO. and tourist indult~es. Tha~r a~~~iderat/on. Should )'ou require uny uddition~ informa6on .o._/[: NOV 2 q 1998 (~1)~9.1~ (g~1)649-1411 FAX 51~TamiamiTnil N. RO ~x 41~. Napiex ~odda 34101-~ Pg. -/ ~ - www commum~vblnkt~n~l~c~ BANK OF 5150 TAMIAMI TtMIL NORTH NAPLES, FLORIDA 34103 Far Cover Sheet DA TE: October 6, f998 TIME: ? 1:50 AM TO: SUE FIL$ON PHONE: FAX: 774-3602 FROM: Richard V. Fizzuogllo, Vice President PHONE: 941.049-1500 888.04g.1500 FAX: g41-649.1411 RE: APPLICATION FOR TDC IN RESPONSE TO AD FOR THIS OPENING. COPY TO: Number of ~oage~ including cover sheet: 3 AGENDA ?TE~! - No. N 0 V 2 October 6, 199~ Ms. S. Fdson, Administrative A~sistant Board of County Commlssfoner 3301 Tamfaml Troll East Naples, Florida 34112 Dear 34s. Phllnon; In response to the recent pres$ release, I would lille to be considered for the Tourist Development Council poIltton now open. ! have enclosed m)' resume, which outlines m)' pr~'ious experience In banking. Currently ! am employed by the Community Bank of zYaple.~, ,5:A., as a business development and lending officer. I am involved in man)'profe~slonal and civic organigatlons. I am on the Board of the Southwest l:7orida Film Advisor)' Council & Film Commission; Collter Count)' Economic Dwvelopment Council serving on the New Business Development Committee;the Board of Directors of the i%'aples Gulf Shore Rotary and Chair of lnternationaI Servtce; President of the Barton Collier High School Band Boosters, which i~ a support group for the High School's Band; Naples Area Chamber of Commerce as a Diplomat, and served as the Chair for the Education Committee ~K - 12. Since I have been in Naples I have sen'ed on the Health Care Committee for the Chamber of Commerce, the Collltr CounO' Banking Partnership, and have been actively tnvolved tn the Economic Development Council I believe m)' experience tn the area of finance and entertainment industr)' willprove an as.ret on the qttestlonl whtch ma)' come before or under con.~lderation by the Council. I also believe that while realizing the issues and nature of the region m)' involvement with tourism al a non- hospitallO' owner wlll prove to be an asset to council's anal),sls and recommendations. I look for'ward to the opportunitie~ and challenges before the TDC. I believe we are in a period of gro~,'th. During thls time it is essenrlM to have the foreslght to plan strategies that are cost effective and beneftclat to the communit)' at large, as well as the hospttalit)' and tourist industries. Thank~u_fa~our rime and consideration. Should )'ou require an)' additional information at 649-1500. (941)6~9-1500 (g41)6,t9-1411FAX NOV 2 1998 5150 Tamiami Trail N ' P,O. Box 411009. Naples, Florida ~4101.~-'X79 : commu nJtyh~n~of n=pi=s~orn Pg ~CHARD ¥. lrrZZUOGLIO 3211 l~enicia Court / N~les, Florida 33999 ~xte~ive ex.tie.e, w{lh I lUCC~S~UI r~0rd o~ ~o~.nce, ~ compr~bendte laocoon, lncen~lve customer ~ce/*~les-odent~ Icdv~el, ~d ove~ll sdmlnlltr~e ope~o~l lad ~lopment te the sm~]l ~lm.~ mlrket of ~mme~[~ leadlnl ~ p~vided me ~ ~ ~ Geld. A f~ ~or ~orou~h ~ti7~, ~m~ten~ in p~b]cm-solvi~g, ~d ~e ~bUi~ to ~u~tely p~, ~J~m, ~d ~nduct co=me~j~ le~ding r~Jbilid~ for prac~e d~ion m~ing ~d opt~um e[/~dve~, ~i~ib~ ~7 pro¢~ioa~ q~Ud~. $ ~l-up Iud mollie the o~Ju~oaI trw brach offl~ I. Haply, ~ s ~lt, ~, ~d ~ ~kJt[ *~tf - ~me ~d~on of the ~nloF ~ff ~em~r ... d ~r ~d hol~ ~a~r ~ om LoAn & ~era~oa, ~mmlrtme ... O ~YeJop ud mAln~ln p~gve relationships with new ~d exb~nf clientele ... · Mx=~e o,e~]l ~ollo p~flt ~d Io~ consol ... ~ ~smt~/iE~Oi o~aci~ - COaE~AL G~UP/~IDDL~ MARKET BAN[IN~ · Eff~gveIy m~afed the ~k~f s~lI busings msrket~gment, /pxnnlng comply s[zu f~m ~I million ~ ~ mllUoa ... · Df~t~ ~! sew ~tJne, ~*elopment and the bink's ~lly O~rarlons Committee wllb m7 · ~TeJo~ ~d Implemen~ ~c~uful penance r~ef and m~kednl s~attgi~ ... I ~lgned I~tt~ nad p~nr~ which hive lei s p~cedent end se~ed u a 'bluep~nl' for continued d4~efopmeat la lbs ~sll ~atu muket ... s Cul~ac~ p~bJe bu~la~ ~fJ~onsblps - stfmufadnf excellent clientele relations and new ud re.at busls,f - ~ifb mrnlma] Io~s -m~n~ ~ollo p~t and l~ contel ... · Work~ eff~e/y wfth a ~mplefely distilled mole of busfn~ - Prtcbel7 c]fenfel~ n~ = quick7 ~d~, de~n~, ~d sol~ p~blfms ... ~ T~Jned, ~b~lod, sape~i~, and motlval~ ~aaneJ - worked cloefly with top-re~el mana~emen~ ... · ConsJften0y e~u~d the m~t p~uc0ve, c~t-ef~cfeat, ~nd hilb quality ~oludons (o buslne~s nce~ ... · ~et s~nlent s~lflcatJo~, ~[ato~ facto~, and ~adHn~ ,.. EFFo~, ~ievement, ~d ~n~on cha~ctcr~ my 3reef at ~, one oF the world's ~dtu~o~ - wi~ t back~oufld oF steady 3d~flcemcnt. S~ng ~ n Teller, e~ly ~co~nidon Ib~d~ ~uJted iff ~p~d p~moOon to: H~d Teller, ~e~ Clerk, O~cer's ~st.. Aut. ~ Resio~ ~ger in 1974, ~ Vic~ Pres;dent/~nior ~Hcer - Commerci~ · ~betor o~ ~enco in E~nomi~ cred~/~o~ Commc~i~ ~k ~o~ B~{~ Adminis~on, 103 cr~u complct~ Hew York ~d~te o~ Technology · A~e in Appli~ ~{en~o ~ ~ine~ Adm~ht~on, 1~77: Suffolk Co~ty Co=m~i~ College · ~emJ~ New ~ork C~h T~g Pro[~ Ad~ C~it S~H-Les~ Com~ Rei/o~ B~nk C~c T~nin~ Commerci~ LendJnl For B~ch ~e~. AGENDA ~TE~' · ~u~ ~a6on~ ~ C~t T~Jnn~;o,r~. '73 Nnv 2 998 ~~1, I ~u~ ~ ~ m ~ ~d ~cst~ b~mI ~,~n~ vh6 p~ ~U ~tt.nt~on to~it~. October 1. 199g Sue Fils~m Administrative Assistant Board of County Commissioners 330] East Tamiami Trail East Naples. Florida 34112 Dear Sue: I have been made aware there is a position vacant on the Tourist Development Council Advisor' Committee. As a past president of the lmmokalee Chamber of Commerce and past chairman of the Lake Traftbrd Restoration Committee I v,-ish to represent Imrnokalee on the Tourist Dex¢]opment Council. We in Immokalee see Immokalee as a tourist destination. By fishing in that stream of 50.000 tourist a month going to the casino we could develop eeo-tourism, heritage tourism, etc. Enclosed please find a cop.',' of my resume for consideration. Ifyou need further information, please contact me directly. S in ce r e 1 [2..:_.~_ ----h Fred N Thor~-.]r PHM Executive Director FN T/cs AGENDA ITEM NOV 2 q 1998 FRED NICttOLAS TIIOMAS, JR. 1802 Farm Worker Way Immokalee, Florida 34142 (941)657-3649 PERSONAL: Married: Wife. CherD'le Son. Fred N. Thomas, III. M.D. Daughter, Mrs. Stephanie Williams Grandchildren. Aaron & Kellie Williams EDUCATION: DEGREE: Bachelor of Aris Major: Psychology NORFOLK STATE COLLEGE - Norfolk. VA January. 1964 to May. 1967 }tOWARD UNIVERSITY - Washington. DC Major: Chemistr?' September. 1957 to February,. 1960 SPECIAL PROGR,\MS Human Motivation and Achievement. Dr. Da,,'id McClellan Harvard Umvers~t,', Summer 1965 Color Perception and Language Cognition. Dr. DeeLee Lantz Harvard University & Norfolk State College. 1965-66 Manpo~er Research Institute. Norfolk State College Norfolk. Virginia 1966-67 Community Leadership School. Norfolk Chamber of Commerce Norfolk. Virginia. 1969 }-lousing Intern. Norfolk Redevelopment and Housing Authority Norfolk. Virginia. Summer 1967 N:\}IRO Certified Public }-lousing Manager, Jul)' 14. 1978 Executive Development NAHRO Training Program Cincinnati. Ohio. June 14. 1070 U.S. Coast Guard Licensed Sea Captain Leadership Collier. Class of 1992 Leadership Southwest Florida - September 8-1 I. 1993 Leadership Florida. 1998 EMPLOY3,IENT: December. 1986 - Present: Executive Director of Collier County Housing Authority: Jul.'.. 1985 - 1986: District Mana~zer for Cardinal Industries. September. 1983 - 1985: Director of Housing Management of the"-lam~,~.~Ou~l~T£M " Authority. NO. /(" ?:,7 NOV 2 4 1998 po. --7?. FRED N. TttOMAS, Page 2 EMPLOYMENT - Continued November, 1980 - August. 1983: Director of Administration of the Tampa' Housing Authorltv. October, 1977 - October, 1980: Executive Director of the Indianapolis Housing Authority. September, 1974 . October, 1977: Executive Director of the Evansville Housing Authority. Jul.,,'. 1969 September. 1974: Director of Community Services-Richmond ~e_dc:,.'~lo__pmcnt and Housin~.~u_th_0. dLx:: September, 1969 - September, 1974: Field Placement Supervisor for Graduate Student at ~i[rg!nia Commonwealth University School of Social Work. June. 1967 -Jul.,,', 1969: Tenant Relations Advisor--Norfolk Redevelopment and Housinv Aulhoritv. CIYqC AND PROFESSIONAL ACTIVITIES: Governor's Advisory on Farmworker Affairs 1993 - Present Chairman ! 997 - Present lmmokalee Rotary Member 1987 - Present President 1997.1998 Director i 987 - i 998 Board ef Directors of Immokalee Chamber of Commerce 1988 - Present President 1994 - 1996 Board of' Directors, RedJLands Christian Mierant Association 1992 - Present Board of Directors_, Big_C'~'press Wilderness Institute 1996 ,- Present Board of Directors, Bin_ Cypress Basin Board 1998 - Present Florida Association of' Housinlz and Redevelopment Officials 1983 - Present President 1995 - 1996 President-Elect 1994 - ! 99.5 Board of Directors 1992 - 1997 FAHRO State Legislative Chairman 1989 National Association of Housing and Redevelopm nt Oflehfll[~DA Board of Credenting Trustees No. i ?'~: 197' 1980 National Members Services Commit'tee 10/? - 1983 North Central Regional Executive Board NOV 2 19c38 10/'~- I!/80 pg. FRED N. TItO.~L~,S, JR. PAGE 3 ClX'lC AND PROFESSIONAL ACTIVITIES - Continue~! President of Indiana Chapter of NAHRO 1979 - 10/80 Norfolk ,State Alumni Association Member 1967 - Present Richmond Chapter President 1970 - 1972 National Vice-President 1972 - 1973 National President 1973 - 1975 Ome=a Psi Phi Fratemir,. 1973 - Present Member. Omicron Beta Beta 1990 - Present Dean of Pledges Pi Iota Chapter 1980 - 1986 Charter ,",,{ember Beta X1 Chapter 1975 - 1976 Keeper of Finances Beta XI Chapter 197..t - 1976 Vice Baisleus Bete Xl Chapter 1976 - 1977 Dean of Pledges Phi Phi Chapter 1973 - 1974 Cl',airman. Immokalee Main Street 1997 - Present Chairman. lmmokalee Enterprise Zone 1997 - Presen! Collier Count`" Plannine Commission 1988 - 1997 Chairman 1992 - 1993 Immokal~ Foundation 1991 - Present Vice President 1991 - Presenl Executive Committee 1991 - Present Beneficiary Advisor).' Committee 1991 - Present Leadership Collier 1992 - Present Collier Count,,' Affordable Housing Commission 1991 - Present Chairman. Collier County Affordable Housin~ Task Force 1989 - 1990 Housing Pannership for Collier County 1991 - Present Collier Count,,' Sherilf's Commission 1989 - Present NAACP. Collier County Executive Committee 1991 - Present National Rifle Association AGENDA ,ITE. t'l - Member No .~_.~_.:_,/~ 1967 - 1976 Life Member 1976 - Present N 0 V 2 Able Care Advisory Board 1987 - Present ...... FRED ,N, TIIO,M~q, JR. PAGE 4 CIVIC ,~ND PROFESSIONAL ACTIVITIES - Continued Collier Count,,' Parks & Recreation Advisory Board 1987 - 1988 Board of Governors of the Naples Institute 1994 - Present Health Planning Council of Southwest Florida. Inc. 1994 -Present Immokalce Vocatlon_al Adviso~ 1988 - Present United _SJ2! .o's CoasLGuard Auxiliary Member of Flotilla 1981 - 1986 Materials Officer 1982 - 1985 Boat Handling Instructor 1981 - 1990 Member of Flotilla 93 1986 - 1990 Qualifications Examiner 1984 - 1986 U.S. Javcees National Chairman of Membership and Retention 1972 - 1973 Planning Committee 1972 - 1974 National Chairman. Minority Affairs 1972 - 1974 National Dire, clOt of Virginia Ja.'.c~s 1972 - 1974 A%VARDS: Norfolk Mace 1968 Norfolk Javcees SPOKE - Established State Record by Ouali~ing in 2t days 1969 SPARK PLUG OF THE YEAR 1971 Rc~ion Ill Speak Up Winner 1972 Listed in Outstandin2 Youn2 Men of'America 1972 Listed in Personalities of the South 1972 AGENDA ITEM No. /~' ,~-"~ NOV 2 q 1998 APPOINTMENT OF MEMBI~R(S) TO IMMOKALEE ENTERPRISi~ ZONE DEVELOPMENT AGENCY OB.I£CTIVE: To appoint I member to fulfill the remainder of a vacant term. expiring on April 4, 2001. to the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone. the State required lhat a committee consisting ora broad base of citizens be established. The committee has representation from the Chamber of Commerce. financial or insurance entities, businesses operating within the nominated area. residents living within the nominated area. nonprofit community-based organizations operating within the nominated area. local private indust~' council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. Sir. David E. Lindsey resigned his position on August 14, 1998. A press release 9,'as issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Floyd Crews business & resident 5 yes none COMMITTEE RECOMMENDATION: Floyd Crews FISCAL I.',IPACT: NONE GROWTtl ?,IANA. GE,XlENT IMPACT: NONE RECOM.MENI)ATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to fulfill the remainder of the vacant term and direct the Count.,,' Anomey to prepare a resolution confirming the appointment. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: NOVE*IBER 24,1998 AGENDA NOV 2 q MEMORANDUM '1 O: Sa.- l~:l~or,. Admmh~lrat;v¢ Assistant E~:ard of Coun:y ("ommf.~,r, mners t'R03I: [.:eicne Cusehme. t{conomlc Dc,.clopmcnt Manager Ea~:smg & Urban Improvement DA'I' E: October 27. 1998 P,I-~: Immokalee F. ntc:"pr;sc Zone Deve!opment Agency (EZDA) 1']nc S~alc F,a.. enacted u Fr%Tum. Ibc Florida Entcrpn,,c Zone Prog'ram. tn reduce pr,xatc devc'n?.~.:...: tot de?.2r, at:d o"cas To peFmfl C'oJhc:' Co:tn:y la parucspatc m Ih~, program. Ih,..' l'.aa:d of r,.'eun'.:; C'omm:sslonc:~ r, um:nated Ibc [mmokalce communm, tv bc considered b) Ibc Fler;d:a DcF.:'r:mc:',: aFC,m.'r, cr:¢ fo.' En:erpnse Zone dcs~gnauon m I~escdutlon No 95-248. ~h~ch ~:s apF:n~;.cd Mar:h 2~, 1%'5. As pan oFthc fo,'-mal apphcamm For an En:crpn,,c Zunc. ~k.¢ S:at¢ required IF.a: a corem:ucc cons~stir, g ora broad base of'citizens bc cstabl~shed. 1''his Bo:rd ~:s rcpresema:lon ire.= thc Chamber nf ('ommcrc¢. financial or ,nsurancc en:mcs. bu:.inc~:c., epee'arm;.: v. ithm tlc nom~na:cd area. re~sdent~, hying v,.ilhin thc nnmmnled area. ~:(m?:ofi: commun;t.v-ba.~eJ c:gan:za:ions operating ~sithm thc nominated area. local pFl',.ulc ~ndu~trv cna::: ,'.. Intel code enforcement agency, and local law entbrccmcnt agcncF. Ti:c t?o:nmi:tc:, '.,.as cr;'.',tcd through Or'al,nonce 95-22 as Ibc ImmokaJcc Enterprise Zonc I).~ ch,Feint:;: ..~. gene.',' I [[ZD..',, ~ In addsuon, thc ('ount.v (.'ommlss~on uppo:nted members t, th~.' IJZDA under P,,::,.qu::on9. -,..-, ;:)'~ "' ,'x',; [)ar :d :.md~c:, he,. rec,:nH.,, resigned from fl',c Board and mo,,¢d out of the area. thcrc:i~rc x~c ',.ir I, ln'..d (',"C~A r~. t)dISiRC~S P.~r:ncr m Soulhs.~.es! Florida ficrv~ce ard Supp!y. to ¢.mplc:c thc rvm.:s:-,:n~ :c:m of %Ir l.md.~c.', Thin pc~uon musl bc fiHcd 9,~:h a pcrsnn rcprc,,cnrm!; ;~ b~;:,:n,:.$~, l,~;:.":cd ,,vHk:n ~he Zone. and .'tlr Crewg meets lh:$ requirement Plc,,:,~c pr::p::rc an ExccuHv¢ Summa,,",.' For thc Board'.s cnnxldcFation oI'lh;~ rucm~lmendal~cm and lc: hie k,~,a,,,.' ~fanv l'uMhcr Inlo;-m. almn or asstsIanc¢ ts needed Io mltlal¢ the procc.',~. Thank ,.t~. l't~r ,',~;ur h:Ip. ' cc ("iraF M:hahc I),ector. Hou~mg;,ndUrbanlm?rovcmcnl \'inccn~ /',, Caulcro..,",ICl'. Admmis:ra~or. Commum:'y Dc','clopmcnt land ir, v~ronmen:al Scr,,lces 1. red 'E'~omas. EZDA Cha:rman AGENDA ~..~' E NI_ .o. /F' NOV 2 1998 pg, , ~-~--. _ Immokalee Enterprise Zone Development Agency If'ork Phone Appt'd Exp. Date Term yYame ttome Phone DateRe-appt 2ndExpDate 2nd Term Gar',' Dantini 643-8445 09/93'/96 04/04/99 3 Years 280b North Horseshoe Drive Naples. FL 34112 District: Categoo': l. ocal Code Enforcement .,: ::~~. 07128./98 04,'04,'99 Months John K.h'c~qe r 3311 Golden Gate Boulevard. E. Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce Robert Asbel. Jr, 657-6')68 02/03/98 04/04/02 4 Years 112 South 1st Street Immokalee. FL 34142 District: 5 Category: Local La',,.' Enforcement James L. Pencz":'kov, ski 04'0I.:97 04/0-'-'99 2 Years 1108 Nloncoe Street 557.29'-.'.-. Immokalee. FL ' 'i-:"' District: 5 Categoo': Jose?h Lo,no 657-27,:2 04'0495 0-: 04 99 .: Years 403 No~h lift: Sire::: DiJtrict: 5 Category: Non Protit Organization Alan \V. Neuman ,:8'~.~020 08/05'~97 04'04,'99 2 Years 1653 Sou:!: Fountainhead Road Ft. Myers. FL 3':919 District: 5 Category: Private Industry Council · . ~,,: i':~'O' 658-3630 08/26/97 04.:04/01 4 Years Da,ad E Lmdsev ~ '. : . i,qo 10.0 Samtauon ~oad Immokalee. FL .;4142 District: 5 Category: Resident l .... "' Page 1 of $ NO. NOV 2 q 1998 Pg. Immokalee Enterprise Zone DeveloPment Agency IUork Phone Ap£t'd Exp. Date Term iN'amc Home Phone DateRe-appt 2ttdExpDate 2nd Term ~[1[.. He,'Tnan Spooner 657-2559 08/05/97 04/04/98 1 'fe~ 806 N, 15th Street 3/14,'98 04/04/02 4 Years Immokalee. FL 34142 District: 5 Category: Business Owner & Resident Rav:'r,,ond T. Idoll~,d 657-2171 04"01/97 04/28,'01 4 Ye~s 73{?,0 Trafford Oaks, ~12 657-45~8 Irrumokalee, FL 34142 District: 5 Category: Finanical Entity Edgardo Tenreiro 2~2-262~ 04/04/95 04/04/99 4 Years 1065 5th Avenue N'¢,.~i Naples, FL 34102 District: 5 Category: Business in Zone Jeff}' Primus 657.2~7'~ 04'04,:95 04:04:99 4 Years 701 Immokalee Drive lmmokalee. FL ':' '~ District: 5 ategoo': Business in Zone Lucy O,qiz 252..-.:,,:0,: 04.04,'95 04'04/99 4 'fears 606 Roberts Avenue 657-55'~7 Immokalee. FL 34i District: 5 Category: Non Pro:St Organization Denise Blanton 657-23C0 12.09,97 00/0000 limited Immoka,~:,. Road 14700 · Immokalee. Fk 34120 District: 5 Category: non-voting ex-officio member Fred N. Thomas. Jr. 657-3649 04/04/95 04/04:96 I Year 1800 Farm Worker \Vav 9/3/96 04/04/00 4 Years lmmokalee, FL 34142 District: 5 Categoo': Non Profit Organization }~'ednesda)', Jul)' 29, 1998 -- Page 2 ors AGENDA IT,EM No..~ 2 q '1998 Immokalee Enterprfse Zone Development A enc¥ ltome Phone DateRe-appt 2ndE.~Dnte 2nd Tens This 13 mere:er ccmm:::ee was c~ea~e~ on A~ril 4. lg95. by Ord. No. gS-22 lo induce private laves:mn.st into d~s:r~ss~d areas ~s create economic oppa~unit:es and sustainable economic d~v~c~m~n: fcr d~s:,~n~:~d &r~as lmt~a~ m~mbers were appo;n:ed by Res~lut~cn No ~5-249 To permit Ca',;;er Caun~/to pa~:c:~te m tins vogram, the Board af Count/Ccmmiss~oners ncm~nat~d t,he Immckalee Cammum~/ta be considered by the FL DepL cf Ccmmerce fcr E,,,:. p .... Zsne d~s~cna:ion in R~c No. 95-24~. approved March 28. 1995 As pad of the farm~[ a;p far ~n EZ.-the State ~," r_~.~r~, that a commi~ee consisting of a brc~d base cf c~t~z~ns ~a ~stabtisn~: The commi~e~ has re:r~s~n:a:~an from the Cham~er of Commerce. financial cr iRsurance e ...... es. ~usm, esses c~eratm, g w,:nm the nominated area. residents nonprofit c~mm~r,::,'-~ a se:. sr~ anizat;ons.. I=cal ~. ..... ~.~,-. indusW council local code enforcement agency. and lccallaw enforcement ~-" A ........ d ~y ag .... y -~'~¢ Ord, No 97-81 Terms are 4 years. FL 3~4 T: 290,00~ - 290.01 Sift/: Gr~ r,1~',~c. HUI D~r ..... 'H'¢-dne]dm', Julr 2% 19'],'~ /'age 3 o/$ AGENDA EH NOV 2 q 1998 Pg. - x~tgMOR,AN DU M DATE: October 26. 1998 \'incll Hills. Elections Office TO: FROM: Su: Filson. Administrative Assista Board of County Commissioners RE: \'mcr Registration - Advisor2..' Board Appointments Tt~c Board of C'oumy Commissioners ,,~ill soon consider thc following individuals for appointm,:nt to one of the county's advisor}' committees. Please let me knox,,' if those listed below arc registered voters in Collier Count.,,', Also. please list thc commission district in which each applicant resides. CO.XI.MISSION DISTRICT I.XI.MOK..X l.[iE EZDA - 5-14 Lake Lane Immokalee. FL 3-~I-:'2 Thank ?ou for \our help. ! NO¥ 2 1998 pg. /~': _ .,:~: M E ,,xl O r~ ,A, N, D U M DATE: October 26.1998 TO: Gre,.z .',.lihalic. tiU[ Director FRONI: Sue Filson. Administrative Assist ,' Board of Countv CommissIoners RE: immokalee Enterprise Zone Development Agency As you know. v.'e currently have I vacancy on the above-refercnced advisou' committee. A press release ,.,.'as issued requesting citizens interested in serving on this committee to submit n resume for consideration. I ha,. e attached the resumes received for .,.'our review as follo,.,.'s: Floyd C'rcv, s 5214 Lake Lane Immokalee. FL 341.4'2 Please let me knox,.', in ','.Tiring. the recommendation for appointment of the advisory committee within the 41 da'. time-frame, and I ',,.'ill prepare an executive summars.' for the Board's consideration. Please categorize lhe applicants in areas of expertise. If you have an.',' questions. please call me at 77.1-8007. Thank '..'ou l;)r )'our attention to this matter. St: 0ct-26-98 O1:26P swfla 9416573511 P.O1 Southwest Florida Service Supply -- I II I I I IIII I II III II Po~I C~.:e Bo,r 610 · Immo~, ~"3ofida 34143 · (941)~1~7.2429 · f&x: (~41)657.3511 Oclober 23. 1998 Ms. Sue F~lson Col!ier Counly Administration Office 3301 East Tamiami Trail Napl.s. FL 3,:1 12 Dear t'Js. F~lson I am responding to ',he aC regarding a pos;lion on f. he Immokalee En'.er2rise Zone Development Agency Board, I would like to be considered for this position ! am a Business Partner in a company Ioca:ed wilhin the Immokalee Erlerprise Zone. Soulhwesl Florida Service and Sup!)ly. WP. have been in business ~n Immokalee since lg72, If you have any questions, or need more information, please call me at 657-2429. Thank you for.~our time and consideration. S i q c/e""f//e--JY; , /) Floyd Crews Memo 1'o: Sue Filson, County Commission Office From: Helene Caseltine, Economic Development Manager Date: August 14, 1998 Re: Immokalee EZDA Board Vacancy Due to a change in employment, Mr. David Lindsey, one of the board members of the Immokalee Enterprise Zone Development Agency, has had to resign. Mr. Lindsey represented a private business located within the Zone. Please run an advertisement in the -Immokalee Bulletin" and, if necessary, the "Naples Daily Nev,'s" to fill this vacancy. The term will run through 4/3199. if you have any questions, please call me at 403-2398. Thank you very much. /hc c: Fred Thomas, EZDA Chairman AG£ND~A NOV 2 ~ 1998 · Page 'i Pg, · ' ...... 'EXECUTIVE'S ':' 7" ~; ........ .APPOINTMENT OF MEM.BE. Rrs).~O AFFORDABLE~ .H..9~S._.,~...O ~..0. ~.MiS"S.i.Q.N.. OB,IECTIVE: To appoint 2 members to sen'e 3 }'ear terms, expir/ng on October I, 2001, on the Affordable }lousing Commission. CONSIDEIL&TIONS: This 9 member committee was created by Ordinance 91-65 to monitor the implementation of the Affordable ttousing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth M'anagement Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for Iow income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security, for rentals v,'ould deposit these in a selected bank where such bank would contribute to the }-lousing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for an5' linkage and inclusionar7 · ,, zorn% recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council: and investigate an.,,' other relevant areas so directed by the Board of County Commissioners. Five members arc appointed by the Count),' and 4 appointed by the City. After initial appointments, terms are 3 .,,'ears. A list of the current membership is included in the backup. The terms for .Xlark L. Lindner and Mark Atom Smith expired on October I. 1998. A press release was issued and resumes ',,.'ere received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. CO.M M. Robert F. Fulton ACLF/Sociologist 4 .,,'es none Mark L. Lindner iRc-appt.) Realtor 2 >'es AHC Christine E. Chesser Fiscal Mgmt & Budget 4 )'es none CO.MMITTEE RECOMMENDATION: Mark L. Linder- Re-appt. Christine E. Chesser - new appt. FISCAL IMPACT: NONE GROV,,'Ttt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Countv Commissioners consider the recommendation for appointment and appoint 2 members to 3 ).'ear terms and direct the Count).' Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Agenda Date: NOVEMBER 24, 1998 I NOV 2 1998 DATE: November 2, 1998 TO: Sue Filson, Administrative Assistant// Board of County Commissioners // Department of Housic~j"&~r~ Improvement RE: Affordable Housing Commission - New Member Analysis On October 22, 1998, the members of the Affordable Housing Commission reviewed the credentials and r~sum~s of the candidates seeking membership on the Commission. As a result, the Affordable Housing Commission. by unanimous vote, recommends appointment/reappointment of the following candidates: 5.; Mark L. Lindner- Reappointment. three-year term. November 1, 1998 to September 30. 2001 Mr. Lindner's credentials are currently on file with the BCC. Christine E. Chesser- Appointment, three-year term November 1, 1998 to September 30. 2001. Please refer to the attachment for more information on Ms. Chesser Please contact Jason Sweat or myself at x2330 if you have any questions or comments regarding the recommendations of the Affordable Housing Commission of Collier County. Thank you. GMljes enct pc Swea~ file AGENDA No. /?' NOV 24 1998 Pg. -~ Affordable Housing Commission IFork P/ione Appt'd Exp. Dote Term . ~,'atne llome P/Ione DateRe.al4pt gndR. rpD~ht 2nd Term Naples FL 3410o-~-'- ~. _ D~tr/ct: 4 ~' D ~ [.~ Categoo': CiD',~ealtor Jo~ Gust 252~4~8 10/18/95 10/05/96 I Ye~ 482 13~ Avenue. S. 2S2.228~ 11/4/96 11/03/99 3 Ye~s Naples, FL 34102 D~trict: 4 Categoo': City~evelopcr B~ce NIu~ 11/04/96 11,0~/99 3 Ye~s 1009 29th Avenue, North Naples. FL 34103 D~tricl: 4 Categoo': City At L~ge/~chitect Jack Willies. Jr. ~34.58~0 12/03/96 10/01/99 3 Ye~s 850 A Nleadowlmnd Drive Naples, FL 34108 Dbtrict: 2 Categoo': Architec: W. Jeffrey Cecil 263-8893 10/I4/97 10/01100 3 Ye~s 1984 Nlis~ion Drive Naples. FL 3ai09 D&tricl: 2 Categozv: County/Atty-Aflbrdable Housing Dev. Sam Goodman 10/14/97 I0/01/00 3 Ye~s 260 Monterey Drive 775.~ 570 Naples. FI. ~' ..I19 District: Categoo': Count':"BS Education-Realtor M~k L. Lindner 2524333 05/17/94 10/01/95 I Ye~ 3199 60th S~eet, S.W. 10/3/95 10/01/98 3 Ye~s Naples, FL 34116 Diftrict: 3 Categoo': County.~ealtor Tue.~cla)', October 1~, 1997 Page I of 2 ' -- AGENDA .~I/'EM N 0 V 2 6 ~998 Affordable Housing Commission Work Phone Appt'd Exp. Data Term ]Vame llome Phone DateRe-appt 2ndExpDate 2nd Term Mark Atom Smith l'c3,~,,ed '7-'~'°1~ 10/03/95 10/01/98 3 Years 2205 Asbour \Valk Circle. 594-2122 Naples. FL 34109 District: 5 Category: Count;,' At Large. Economics Vanessa Fitz e,43-4~55 04/01/96 10/01/98 3 Years 2460 14th Street North 25~-027S I/9/96 10/01/98 3 Years Naples, FL 34103 District: 4 Category: City/Real Estate This 9 member c:mm:ssion was created on July 23. lgg'l. I::y Ordinance No, 91..65, 1o monitor the implementation cf the Affz. rCa:le Housing Task F:rce's ReccmmendaI~ons, and the goals, cbjectwes, ar, d ;oti-..;es cf Ihe Hcusir, g Eiements cf the County's Growth Management Plan and the C."t's Ccmr. reher, s;'.,e FIan Terms are 3 years 5 members apr. cinte~ by the County and 4 members aT..~c~nte¢ =y t,~e C~:'/ Tara A Norman, C~r/C~erk 424-4701 Staff: Greg i' .....~ .... HUI D re:tot' ~03-2220 C- 1998 M t7. M O R A N D U M DATE: September 29. 1998 TO: Vinell ttills. Elections Office FROM: Sue Filson, Administrative Assistant./// Board of Count.',' Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the follovdng individuals for appointment to one of the county's advisor2:' committees. Please let me knox,,' if those listed below are registered voters in Collier Count.',,'. Also. please list the commission district in ,which each applicant resides. AFFORDAB[.E HOUSING CO.Xl.XlISSION COMMISSION DISTRICT Robert F. Fulton ~ 3141 Carriage Circle ~ 7 Naples. FL 34105 .',,lark I.. Lindner '3"'1 ' __06 .',,lajestic Court {.,'5~,/'o ~ Naples. FL 3-41 l I) ' Christine E, Chesser / 692 $1h Street Noah. Apt '-'I ~ '~.x).-' L.....--',/ Naples. FL 3.4102 Thank vou for your help. A'GENDA zTEH .o._ NOV 21t 1998 pg. ~,' M E ~! 0 R,A,N D U ~! DATE' September 29. 1998 TO: Greg Mihalic, HUI Director FROM' Sue Filson. Administrative Assista~ Board of County Commissioners'"'" RE: Affordable Housing Commission As you kno;v, we currently have vacancies on the above-referenced advisor' committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for .','our review as follov,'s: Robert F. Fulton 3141 Carriage Circle Naples. FL 34105 *lark L. Lindner 2206 .".lajestic Court Naples. FL 34110 Christine E. Chesser 682 8th Street North. Apt al Naples. FL 34102 ['lease tel me know. in writing, the recommendation for appointment of the advisor~' committee within the 41 day time-frame, and I :','ill prepare an executive summan' for the Board's consideration. Please categorize the applicants in areas of expertise. Ifvou have an,.' questions. please call me at 774-8097. ' ' Thank you for .,.'our attention to this matter. SF Attachments AGENDA ~EM N 0 V 2 ~ 1998 Tucsda¥,SeptcmbcrO8,199804:45;13 PM Robefl F. Fullon, Ph.D. Page IolS ~" , RECEiVEL , -.. ".: ', ,'~ ,: ~-:,. 3141 Carriage Circle Naples. FL 34105-2700 941-643-5953 September 8. 1998 Mrs. Sue Filson. Administrative Assislanl Board of County Commissioners .,_01 Tamiami Trail East Naples. Fl. 34112 Re: Affordable Housing AdvisoD' Board Vacancy for the At-Large Position Dear Sclection Committee Members: I bclicx'e that a person who undcrstancLs differing ideas about :~aci',d stratification and its ccmsequences would be a valuable 'at large" mcmbcr of your advi~ry board for affordable housing, i have lived in many areas of Lbo cotmtry, and at different levels myself. Far a year in Ok. lahoma as ~ ofmy graduate student exper/ox:x:, and in Kalispell Mon~a.n,a over my first winter there. I lived in a convened school bus. I was in my mid-to-late 30's then. But that ,,,.as IE:' choice as a means to achieve an cnd. It ,,,,'as also an economic necessity. Given options then. I would have preferred to have it be different. But i also knew it was transient. I have lived in ren~s, and have observed how supply and demand can effect qualib and price ofbomin~. As I have done a nurnber oftimes in the past. I live pretty well today. Yet I undersmm:l what ii tm:aris t~ "~tart ou't". ~ I understand what it means to "start over" from both personal experience and education. As a ~ciologi.vt (doctorate degree) 1 can understand and interpret causes for a need for ',fft'ordablc homing. ~ thc creel of demographic ~,azsition and economic market fore. es at the macro level. As a psychologist (masters degree). I I'~,c a bit of understanding of hov,' individual people feel. may perceive their options. and art: motivated to change things in her:his life. I am imeres~ecl in this position on the adviso%' I:x~ard for the sm-nc mason ! take collection and am a reliable voluntecr at Unit)' of Naples Church. For all t,ka~ I ~vc. i wouJd like to gi,,e something back. Thank you for your a~,sessment of my application materials aM credentials as a person who would like to serve on this board as an "at large" member. Yours Lruly. Rober~ F. Fulton. Ph.D. AGEND IT] M end: vita NO¥ 2 998 Tuesday, September 08, ! 998 04:4S:13 PM Robert F. Fulton. Ph.D, Page CURRICUI.IJM VITAE ROBERT F. FULTON. Ph.I). 3141 Carriage Circle College Office: 941-732-3729 Home Office: 941-643-5953 Naples. FL 34105-2700 e-malh ffulton,~:edison.edu rfulton~ziname.com July 23. i EDUCATION: Ph.D. Oklahoma State Un versity, Sociolog2,.' MS Oklahoma State Un;versity. P~.chology BS University of the State of New York. l.iberal Arts AA t lershey Junior College. Hershey. Pa BACKGROUND 1987 - present: full-time since Januao. 1990: Edison Communit2,.' College. Naples. Florida: 15-ofcssor: Sociology: Introduction to Sociology Marriage and the Family Contemporao.' Social Problems Introduction to Gerontology psschology: Psycholo~ I {Introduction Io PsycholoD') Ps}chology II (Research Methods & Starsticsl Human Growth ar.d Dw. elopmcnt Introduction to College Studies Adolescent Psycholo~ Introduction to Mental Retardation Introduction to Human Services 1987 - J:mt~u%' 1990: Program Man.er for thc Florida State Department of Heahh and Rehabilitation Services (ttRS): Most recent: District Eight Program Office. Aging and Adult Sen'ices (sevcn counties in south,,est Florida) over: 1. Provide required licensing training for Adult Living Congregate Facility (ACLF) management teams. 2. Evaluate and certify domestic violence shelter programs for stale funding. 3. Evaltmte anti certify displaced homemaker programs for state funding. 4. Evaluate the di.~trict AOA {.Agency of Aging) for state and federal ~nding. .o. (5- Fulton. page I NOV pg. Tuesday, $cplcmbcr 08. 1998 04:45:13 PM Robcrl F. Fullon, Ph,D. Page 3 ol 5 Previous t IRS Florida position: Supervisor of a licensed ICF/MR facilitT: 1. f')vers~¢ and prnvidc programs and residence for 24 retarded women in a live-in facility. 2. Chairperson oflnterdisciplinao' Habilitmion Teams for all msldents. 3. Certified "Qualified Mental Reta,rdation Profcssional": (QMRP) 4. Certified 'Behavior Analyst" by the State of Florida. 10gS - 1997: Director. Special Friends Advocacy P'ro~arn fur pcr-,o,s ~'ith developmental handicaps. Kalispell, blonlana Concurrently with: Flathcad Valley Communi~' College. Kalispell. Montana 1979 - 1984: (')kl~oma Si.ale University: Dissertation 1984: LInanimous _m'ou? solutions: Normative solulions and sex differences of cmer~¢r)l _m'ou? leaders. Masu:rs Thesis 19g I: The in fluence of thc emery, ch[ informal ~oup leader on unanimous Grant-funded Research: Data analysis for the Department of lourism. State of'Oklahoma 1982-1984 Graduate Assistant.ships - laught at the university: lnu'oducfion to Psychology Introduction to Sociology Social Psychology }1uman Problems Other: .,\lumni ^tlitud¢ Stud.',' and ^nalysis F.,,'e-wimess Identification Experiment in Criminal Jmtice Management Studies - Motivation. l.eadership and Groups ~ 1979-1981 ) Language: Fortran 77. VSBasic. SAS. German v, vittcn translation. Still Other: Youth Shelter l louse Parent in Montax, a and Florida LIS Arm)'- Special Services. MACV Viemarn 1968 - 1970 Commercial l.oan Officer Credit Compan.,. Branch/District Manager PtlBIJCAIIONS: Fulton. R. & Fulton, M. (1984). Diffusion and the cnmputer age: A contemporary theory of stx:iaJ change. Free lnqui~' in Creative Socjolo?,_'. 12t2}. 219 - 222. Fulton. page 2 AGENDA no. Tuesday, $cplember 08, 1998 04:45:13 PM Robed F. Fulton, Ph.D. Page 4 of $ Sharp. P.. Bertler, sen. V., Fulton. R.. & Lan'ow. M. (1986). CAPE Evaluation Team Reporl on Missoula Area Parmers Advocacy Program. ltelena: Montana De.tmrtrnent of Social and g.~ili~ti~ Scn,'ices. Fogg. G & Fulton. R. {'i994). [L-AiSure Si.lc Development for People Over 55. Washin~mon, D.C.: National Recreation and Park A~,s~x:iation. CONFERENCE PAPERS: Jaynes. W.. Dollar& D.. FulIon, R., & Russell, T. Alumni attitudes: Men and women's descriptions of their college experience, present ~,ork. ~nd pre~ent recreational activities. Southv, est P-,?'chological Association. itouston. 1981. Fulton. R.. MacNeil M.. & Jayncs. W. Workgmups: Sex and group membership dlversi~' a.s variables in thc em,,-rgence of informal group Ic,~ders. South,,est Psychological As:;ocJalion. Dallas, 1982. Fulton. R. & MacNeil. M. Identification ora normative solution to a social problem: A unique methodology. Southv, est P~'chological Association. Dallas. 1982. Fulton. R. The interaction of sex and socially-normative .solutions ~ variables of leadership in informal, task-oriented work groups. Southwest Sociological Association. San Antonio. 1982. Fulton. R. Comparison of un,'mimous groups ,,ersus individual normative .solutions to a social problem. Southv,'est Sociological Association. San/~ntonio. 1982. Fulton. R. [.eadcrship and influence in real work groups. Southwest Sociological Association. Fort W~rth. 1984. Fuhon. R. El&rt.,, Housing: Increased independence into the 21st Century. Southern Organi/ntion for Human Sen'ice Education. Tampa. 1989. Fultom M & Fulton, R. Thc diffu, sion theory of social change: thc impact of AIDS. Organization for Human Sen. ice Education. Tampa.. 1989. HONORS: ~hmorasium speaker & panelist: Continuing educalion during mid-life. Sociology Workshop on Mid-Life Issues. Central State Unive~it.y, Edmond, OK, March & July 1983 Fellowship ^v,'ard: O. D. Duncan ()utstnnding DoctoraJ Student. SocioloD', 1982 - 1983 Who's Who Among Human Se~'iccs Professionals State of Montana (jovemor's Citation for Professional Se'rvice .3 NOV 2 Tuesday, Seplcmbet 08, 1998 04:45:! 3 PM Robed F. Fullon. Ph.D. Page LICENSURE AND CERTIFICATION: Behavior Analyst Stale of Florida PROFESSIONAl. MEMBERSHIPS: Southern Sociological Society RF. FERENCES: AvaJlablc upon request AGENDA ITEM O No If) '~ N0V 2 ~ 1998 Fuhon. p~g¢ 4 ' ~ lllO IITli 1:~3(JJD~ 1(311W3XL (941) "" --'"'- '~;';' ~' TOTAL ~UHEER OF PAGES (Including Cove~ Le~e~): ~. , , ADDITIONAL IN~T~UCTIO~I~/COF_HKMTS; COMP. UNITY HOUSING OFFICE (CHO) (941) 436-5990 FAX NO, (941) 436-$994 AGE ND,A ZT[M No. ~axcc'.,.doc NOV 2 q 1998 pg. September 23, 1998 Dear Board of County Cor~rnissioners, ! am interested in serving on the Affordable Housing Co~mission Board. I am currently the Director of the Coummunity Housing Office/Grounds for the HCH Healthcare Syotems, and have been continuously employed with NCH for the past thirteen years. I encounter many employees who are very frustrated, due to the high rental prices in Collier County. Being a single mother of two, ! have great empathy toward the subject of "affordable" houninq in Collier County in that ! personally do not qualify due to my income level. I would like to be involved more with the issues of affordable housing, due to the impact it has on our employees and the general population of Collier County, and I believe I would be able to add a valuable perspective to the Commission due to my experience. Thank you for your consideration for my application. Sincerely, Christine E. Che~ser ~ AGEND~A -ITEM rqo. / r? _ N0V 2 ]998 Dbdst e F. Ckessar QUALIFICATIONS WORK HISTORY 1~7-~ D~rectnr. C~uniO, Ho~ng O~ce'~oun~ ,VCH ~ealthc~e S)'~e~. Inc R~I¢ for ~ ~m~on ~~n~ a~ ~ ~'hich i~ bur is n~ * 5u~5~ and ~ia~on ~ ~ ~ ~ bo~ng ~ ~ ~-te~ ~1~.~. I~3.1~7 C~r~mator. Commonly, Hou~ng O~ce/Gr~n~ ,VCH I/ealthca~ Systems, Inc, Wo~ cl~ty ~iih t~ ~or of H~6ng/~ ~ ~e all ~ o~ empl~ * ~a~ ~m~ and hel~ ~m. ~ any'~l" im'oN~ planting, ~id~ 199 ]- 1 ~ ~o~n~ Su~r..t~or. CommuntO, ~o~ing O~ce, ~ ~ealtAc~e Sy~e~. Inc. Ha~l~ o~ . EDUCA~ON * ~Iy'~ ~L 1981 * INTERESTS & . ~olunl~ for ~s A~ ~r of tM Napl~ A~ A~t ~a~. L~CENSES & CERTIF~ATES * Co~ ~h~on ce~l¢ - 6/98. Dg¢ ~e~e C~ - 12/97 Word ~ T~nmg - 7/93. K~g for Com~r U~ge - 8/92 * ~l~om - 10/~ * ~t a~.N~' ~o~ - 1987 I.i~ ~ ~ ~~ ~ Li~ AWARDS R~E~ED * C~e ~ R~on. Dale ~c T~i~ * T~m~m~rofthe AGENDA '"ITE~ " No. N 0V q 1998 Pg. /.'~ ,, c._2=_._; ~c.~ I I: ~7t.;4 FP, C,H P. 1 Mark £. Lindner 2206 Majestic Court Naples, Florida 34110 (941) 591-3772 Su: Filson September 25, 1998 Collier Count'.,' Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 %q.A FAX 774-3602 Dear Ms. Filson; I have just been advised that my term is exp~ng on the AdTord.able Housing Commission, This is to inform you tha I am intercstM in continuing my ser-,'ice as a commission member for another ~erm. Please let me know if you require further information in support of this expression of interest. Thank you. Mark L. Lindner Cz: C, rcg Mih~h:, Housing and Urban h"nprm'ement AGENDA ITEM - N0V 2 Q 1998 E~XECUTIVE SUMMARY DISCUSSION OF FUNDING LAW ENFORCEMENT SERVICES TO MARCO ISLAND. _.OBJECTIVE: To obtain funding for law enforcement services to Marco Island. CONSIDERATIONS.: At the final budget hearing on September 23, 1998, the Boerd of County Commissioners reduced the Sheriff's budget request by $1,053,100. The Board's action was directly related to providing services to the City of Marco Island. The $1,053,100 represents 100% of the costs of providing patrol services previously taxed under the county wide MSTU for the City of Marco Island. According to the State of Florida Constitution, Sheriff's services must be provided county wide and, therefore, the Sheriff must provide all services to all persons in Collier County, including Marco Island, at adequate law enforcement levels. The City of Marco Island does not have a law enforcement agency to provide those services. The taxpayers of Marco Island contribute to the county's General Fund. The Board of County Commissioners placed costs for law enforcement services to Marco Island in the county wide MSTU into which incorporated Marco Island is not required to pay. The Board could have moved the $1,053,100 in costs to the General Fund and Marco Island residents could then have been taxed for these services. The Sheriff has no authority to tax or to force the City of Marco Island into a contractual agreement for law enforcement services. The Sheriff has a non-delegable constitutional responsibility to provide county wide law enforcement services. These considerations place the Sheriff in the unacceptable and untenable position of having to provide services without receiving funding for such. The Board has several options available in order to resolve this funding issue. --Option #1' The Board could agree to now fund the $1,053,100 from the Board of County Commission reserves. _O~p.tio_n ~2_ The Board could agree to fund the $1,053,100 from the "Excess Revenues" received at the end of the 1998 fiscal year. These revenues were identified at the September 23, 1998 he~ring. ~ion ~3: The Board could ~ppropriete funds from ~he pending FEMA reimbursement. ~n ~4: The Board could ~gree to fund the S~,053,~00 ~nd negot ~ ~,~th M~r~9 ~33~ or some portion of the required funding in payment. AGEHDA [TE~ NOV ?. 998 FISCAL IMPACT: $1,053,100 is required from county reserves or carryforward. GROW'FH IMPACT: Failure to fund of Marco Island law enforcement services precludes the Sheriff from appointing the seventeen (17) additional positions authorized by the Board during the budget process. These seventeen positions are critical to maintaining pace with growth in Collier County. The Sheriff cannot certify the budget as it currently stands. The budget will not allow him to reasonably and adequately carry out the duties of the Office of Sheriff of Collier County. Furthermore, funding action by the Board, as requested, will help to reduce the one hundred twenty (120) deputy shortage identified by the Board's pending law enforcement impact fee study. RECOMMENDATION: That the Board of County Commissioners agree to fund the Sheriff's Office $1,053,100 reduced from the original budget request through one of the above options for the benefit of county wide law enforcement services. DOn-~Sheriff DATE: ~ovember 18, 1998 5 . ] a-exsum~ exmarcol ~ dv EXECUTIVE SUMMARY PETITION V-98-8, WILLIAM L. HOOVER OF HOOVER PLANNING, REPRESENTING ROGER D. WITHERS AND OPM USA, INC., REQUESTING A VARIANCE OF 65 FEET FROM THE REQUIRED HEIGHT OF '185 FEET TO 250 FEET FOR AN EXISTING COMMUNICATIONS TOWER FOR PROPERTY LOCATED AT 5630 TAYLOR ROAD, WITHIN THE J&C INDUSTRIAL PARK, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The Petitioner requests approval of a variance from height requirements, per Section 2.6.35.6.2 of the Collier County Land Development Code, for a 250 foot self supporting communication tower. The Land Development Code permits towers up to 185 feet without a variance. CONSIDERATIONS: A 180 foot tower exists on the site. The petitioner proposes an extension of 70 feet for a total height of 250 feet. The petitioner states that the variance request is driven by the need for Bell South, a cellular service provider, to improve service in the area. There is no land related hardship and since the Petitioner currently has a tower on this site, any hardship would be financial, a loss of potential revenue. Approval of this request will not be injurious to the neighborhood since a tower currently exists at the site. Few natural conditions can ameliorate the impact of a 250 foot tower, however, in an industrial area, the impacts are minimal, improved cellular phone service will be advantageous to the public welfare. A telephone call was received from the property owner to the north, objecting to the increased height, based or] the damage a fallen tower might cause to her property. FISCAL IMPACT: Approval of this petiticn would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since towers are permitted in the Industrial zoning district, the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. NOV 2 4 1998 Pg. ~ HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 1, 1998, and by a vote of' 8 to 1 (Commissioner Tragesser voted in the minority but did not elaborate on the reason for her vote), forwarded Petition V-98-8 to the Board of Zoning Appeals with a recommendation of approval. FRED ~..E)SCHL, SENIOR PLANNER DATE CURRENT PLANNING RE/V~EWED ,iR'Y: I/ . \i .',: i: ~ Ii~ONALD F. I~11~, AICP bAT~ ][~' C~/ CURRENT PLANNING MANAGER ROBEI~T J. MULHERE~-AICP ~DATE PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR e~ecu~,ve summa,'y,V.g8-8 2 NOV g 4 1998 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 21, 1998 RE: PETITION V-98-8 AGENT/APPLICANT: Owner: Roger D. Wilhers 90 Seagate Drive Naples, FL 34103 Agent: William L. Hoover, AICP Hoover Planning 3785 North Airport Road, Suite B Naples, FL 34105 Applicant: OPM-USA American Tower Systems 3900 South Florida Avenue. Suite 207 Lakeland, FL 33813 AG]:" "A ~ NOV g ,1 1998 REQUESTED ACTION: The Petitioner requests approval of a variance from height requirements, per Section 2.6.35.6.2 of the Collier County Land Development Code, for a 250 foot self supporting communication to',ver. The Land Development Code permits !owers up to 185 feet without a variance. GEOGRAPHIC LOCATION: The subject parcel is located on an approximately 0.9 acre site on Taylor Road in the Pine Ridge Industrial Park. located in Section 11, Township 49 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: A 180 foot tower exists on the site. The petitioner proposes an extension of 70 feet for a total height of 250 feet. The petitioner states that the vadance request is driven by the need for Bell South. a cellular service provider, to improve service in the area. SURROUNDING LAND USE AND ZONING: Subject: Used car lot & 2 communication towers; zoned I Surrounding: North - Used car lot & auto repair; zoned I East . Communication tower & storage; zoned I South - Storage yard; zoned I West - Taylor Road ROW HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have affect no on infrastructure, transportation or the environment. NOV 2 4:1998 2 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8 which are general guiclelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. A 180 foot commumcation tower exists on the site. This variance is for an increase in tower height only. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The petitioner wishes to increase the height of the tower in order to rent space to a cellular provider at a desired elevation. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Since the Petitioner currently has a tower on this site, any hardship would be financial, a loss of potential revenue. d. Will ~he variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Pelitioner states that the height requested is the optimum to maximize cellular coverage in the area. e. Will granting the variance requested, confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. this variance will allow the Petitioner to have a taller communication tower ~ than would be permitted for a similar lot in the I zoning district. Ho~ ~ever~,;~/,,,~l~ v. 3 NOV 2 1998 Petitioner has demonstrated that the additional height is needed for cellular ~elephone coverage. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. approval of this request will not be injurious to the neighborhood since a tower currently exists at the site. Improved cellular phone sen/ice will be advantageous to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Few natural conditions can ameliorate the impact of a 250 foot tower. However, in an industrial area, the impacts are minimal. h. Will granting the variance be consistent with the Growth Management Plan. O Approval of this variance will not affect or chancre the requirements of the Growth Management Plan. ' STAFF RECOMMEN.DATION: Due ~o the fact that the proposed height increase will benefit the citizens of'Collier Count7 with improved communications and that the additional height is required for this service, staff recommends that the CCPC forward Petition V-98-8 to the BZA with a recommendation for approval. NOV 2 4 7998 Pg.-- PREPARED BY: REVIEWED BYe; [ ~ALD ~ U~O, AICP, MANAGER DATE CURRENT P~NNING HERE, AICP, E~IRECTOR DATE P LAN N IN G,,..,9 E RVI C E S VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-8 Staff report for the October 1, 1998 CCPC meeting. This Petition has not yet been scheduled for a BZA Public Hearing. Collier County Planning Commission: NOV 2 1998 pg, (;~ .................... -~ ......... :he D c, wer :::r=ir.a:e --_.-.: er..'cr:~_ :::.:n:a:.: s:cr. ::slr. ess regulat::r. - - ~ - · .... ' - ~ ............... Z :: the County, a~o~ ..... ~ ........ nas d a puDlic :r. s~:: '~-"-~:::ns r. ace ar.: prcv:ded, and ha an~ in accorcance wi:h Sec%Isa 2.-.5 of :he Zoning :ale Lan= Zeveic~men: ':ce f;r tho Ur.l~corporated area all in:eres:e: ~ar::es ?.~ve teen 91yen cpportunlty to ......... 55 T ~Z~CL','E2 5':' T~{E 52AF. D ~ ....... ' ' ....:!.,~ APPEALS of ......... ----= -l-et ry 5:11 Hcc-.'er :f H~c'zer P!annlnq, ?cTer _. Wichers ant C~M-USA-in~., wl~t. respect to the nerecy 12 =~rc%'e= ~-r a ~-~--- ~.~l-~- variance NOV 4 ]998 :~. "" ..... .'-;-:~:L::'. :e.-:':aL, :tn:::::..-.: ~.".~ :'-a:n:enance ex.c;:: :tee' .[ia.'. fir ''~ s'z:'.e'_-. ~ ':',' s.'.all b~ " -~'-:, tr.e :z2':atce :: :-~ Ser'.'~fl_'a:e -_: :: :. ;-r'' '' ''2' - '-~.'-'::-'lc:. z.'.~l' 2% %:f:;.'.e= :: :.',e :~'.'e:..\ re~ beacon s.".a.i z9 use= l."..s".ea: cf a '..'nL:e s:rcre ' :n: '.,hen : 9 :.",:. :.: a. i ':' ~. :,~$ :.r 19' .......... :z::t.: at:e: .',::Lin, £eccr,~ an: ma]or::'/ vote. ...... ~ay Cf , 1998. Z: :: AT.-E£1: ~OA~,j CF Z~:;i::G APPEALS :~ COLLIE.:, CCL':;TY, ~LORIDA l? B;.RSAFA ~. '2£F..:':', i~a2rman 29 A~rc:'eu a~ :: Ecrm a,".= Legal 2uffi::ency: ]0 EXHIBIT ".~" NOV 2, 4 1998~ ~J ,:,~. /! ' ;'?.'-: ",-"c,"g pT't~N . ...... ~-.r...,. v (0.~,. ,240, .-'=ge ~;~.,~. Coll~er Ccunty, °~e "au:,-, '//2 ¢: L~,e ~':cmn ~/'2 cf '.he.E'h' I/'4 of the ~lW ~/4 Towns,-,,.~ 4cj ~-oum, Range 25 ~='q. ;/lng £=m of a ro~d rlght-o/-*ay describes ¢~ follow~: '~occ r;~nt-ot'-,,oy through the /leal :/2 of the Eouthwes[ ',/4 of Section 11, Township 4g ~ouu',. Range 2~ Ec~t. ,~nicn inciuc~es o strfo crf rancl ~0 f~-et each s~de o~ c center line · ".scn.~ecl cs t'ollo~s: ~un from the Southwest corner of s~i¢ c..~,ction 11 o O;stonce of 503.38 · s', £.-'steny c=ong the South bounaor'! Ii'ne of said Section 11 to o point of beginning; · enc~ r,.:n in a nor'then¥ direction a di,~t=nce of 2.~::~ feet· more cr les~J, ',o a point on the .'.~rl, n bounaar-! llne of the Southwest 1/~, of said Section 11, said ~oln! being 284 feet .C:s: cf the Northwest COrner of the _cauthwe~--t 1/4 of said Section ~1. V~P. I ~NC Z PETITION F?.o:.: SeTB .C (St PET'TiGN ~:0. DATE PETiTiO}~ RECEIVED (~O',;E TO BE FILLED.,,:" E'f STAFF} -"" '"' - ~ ' 'f--D ! / PETi ~,,,:.., s ......... :.r'.n~'~,.,. 5',',~ ~,o/: ,Cz,, ~.' A,"-' ,"1,:~ j--L 7'/'/c'~ / ~',.; TELE?HONE :? 7;' .r' ~- xg,',> -,,., ..x ~'~ xl, .s; ...-k, ,~7 u:.G.-**. D ......... C., OF SUBJECT ==O=--=T'": LOT(S) BLOCK(S) ('= ~¢za' -Cescr:ut:cn 4s !enc~lnv, , e metes g ~"~s d~=--: ..... attach additional pa CUF. F.E:;T ..... ..,.~. SUBJECT PF. CPEF.?Y ~, ~,. E:,:'STi:;3 LP2;D USE O:; SUBJECT ?R2FER?Y ' ~ ~' ~ .... ZC"i''a =.~,u USE s _..,F.,,,/~.:./,-,~/ .5~.,~'~ ~,,,~ cz.f~'~'t .' /v'e,x> v z .2Y,,¢/,':/',.,',,./ / v ..... / .... ,,.-.~-~ RE.DUffs.-,,=-,.-= ---OF. £UBJEZ? F?.OFEF,.-Y : .-,~,,,: .., c'O-~';:'-~_ .. -.. LOT: /YES (~'~r~,. ~,,-,-~' ONE) ~z.-.--: ,2¢% ¢.-' 4, /,..,',.//x ' ......... ~ -- ~,.~.'-:-R..",O.* /'."ES (CIRCLE ONE) RE;=R: / ~- ' 1 NOV g ~ 1998 HO 0 VER PLANNING Re:.oning.s', PL'Ds, PDs, Conditional Uses, Special Exceptions. Varianccx, Traffic/Parking/Zoning/Feasibility Studies & Site Plans (in SW Florida/ ¥ RECEIVED APR 2 9 tgg8 NATURE OF VARIANCE PETITION April 18, 1998 PLAhl;,';t,;G S~R;.::C [ ~c RE: tlEIGItT VARIA,*'CE FOR OPM'S COMMUNICATION TOWER AT TIlE REAR OF 5630 TAYLOR ROAD. J. & C. IND[:SIRIAL PARK. NAPI.ES. Description of Request On Ma,.' 15. 1997, OPM received approval of Building Permit e97040718. ,.,.'hich allov,'ed a self supporting communication tower to be constructed. OPM's buildim, permit application to Collier Count,,' showed a 180 foot self supporting tower with a proposc~l future extension of an additional 70 feet. OPM is a lessor oftov,'er space and typically leases to cellular companies and paging companies. Bell South, a major cellular company, has requested space on OPM's tower at a height of 250 feet. ,,vh/ch would minimize co,.'erage gaps for their cellular scxw'ice in this portion of North Naples. We will be providing, under separate cover, radio frequency plots from Bell South demonstrating thezr need to be at a height of 250 feet. The location of the subject project is located nearby some ofthe most intense land uses in North Naples. All of the nearby land is zoned Industrial and located within the J. & C. Industrial Park. /he closest residential land is located just under I/4 mile to the northwest {the southeastern corner .of the Autumn Woods PUD). To the north is a used car lot and auto repair facility. To the east ~s another self supporting tower, and an industrial storage building. To the south is an outdoor storage yard for concrete septic tanks and concrete building materials. To the ,.,.'est is Taylor Road and 2 junk yards. We have attached data from OPM. demonstrating that they have contacted Cellular One. who owns the toxxer to the east. and GTE. who owns a cellular tower along Trade Center Wax'. Neither Cellular One or GTE answered the certified letter from OPM requesting confirmation that their tower could not support OPM's tower uses. Reviev,' Criteria Staff and thc Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and the Board of' Zoning Appeals shall be guided in its determination to approve or den,.' a variance petition by the Ibllowing listed criteria. ~Comments from the petitioner lbllow each of the listed critena.,~ NOV 2 4 1998 J785 ,.lirpor~ Road Nordz. Suite fl, Naples, Florida 34105 · l'hon¢; ~41.403.$8~ · bev: 941-403.~00~ O - Taylor Road Tower Br','an Milk Variance for Apnt 18. 1988 Pa~e 2 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building invoh'ed. A 180 foot high communication tower already exists on the subject site. The variance petition requests approval ora 70 foot height extension for a tower height of 250 feet. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Another commun:cation tower exists .just to the east of the proposed tower that is at a height of 285'. 35' higher than our requested height. That communication tower was constructed prior to a change to the Land Development Code. limiting heights of communication towers in the Industrial Zoning District. 3. ~,s,'ill a literal interpretation of the provisions of this zoning code work unnecessar).' and undue hardship or create practical difficulties on the applicant. The applicant's client. Bell South. w/Il be forced to locate their cellular signal at a lower height on this tower and also locate on additional towers to fill in the coverage gap. 4. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land. building or structure and which promote standards of health, safety or u,'elfa re. The requested height is the minimum height needed so that Bell South will not have significant coverage gaps in this area of North Naples. 5. Will granting the variance requested confer on the petitioner an.',' special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. No. Cellular One and GTE have towers in the J. & C. Industrial Park or the adjoining Trade Center Industrial Park at a height higher than we are requesting. 6. Will the granting the variance be in harmony with the intent and purpose of this zoning code. and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. NOV 2 4 1998 Bryan Milk - Variance for Taylor Road Tower April 18. 1988 Pa~e ~ A recent site v~sit indicated that the surrounding land uses in this neighborhood are among the most intense in North Naples. These include 2 junk yards to the west. a used auto sales, rcpmr facility to the north, another communication tower and industrial storage building to the east. and outdoor storage of new concrete septic tanks and concrete construct/on materials to the south. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of regulation such as natural preserxes, lakes, golf course, etc. Since the exisung tower is already 180 feet in height and a second tower of 285 feet exists about a 100 feet to thc east the proposed increase ,.,,'ill have minimal visual Impact or create new hazards for air traffic. 8. Will granting the variance be consistent with the growth management plan. Granting of this variance ~'.lll be consistent w/th the growth management plan as it xxSll permit crucial wireless communications during hurricane evacuations and power outages. Additionally, the proposed essennal sen'ice is located where the proposed communication tower is easily compatible and complimentary with surrounding land uses as directed in Policy 5.4 of the Future Land Use Element. Sincerelv. HOOVER PLANNING W/Il/am L. Hoover. AICP HP File .': 180-Q20 NOV 2 4 1998 EXECUTIVE SUMMARY PETITION NO. CU-95-19 ARNALDO HERNANDEZ OF ARKITEX 2, REPRESENTING TttE FLORIDA STATE DEPARTMENT OF JUVENILE JUSTICE, REQUESTING CONDITIONAL USE "3" OF THE PUBLIC USE "P" ZONING DISTRICT FOR A JUVENILE DETENTION CENTER FOR 2.5 ACRES OF PROPERTY LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AT THE INTERSECTION OF AIRPORT-PULLING ROAD AND U.S. 41 IN SECTION 12. TOWNSHIP 50 SOUTH, RANGE 2.5 EAST. COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner proposes to establish a 50-bed juvenile detention facility }loused in a 19,000 square foot building, with an administration wing, assessment wing and detention wing. The petitioner estimates staff of approximately rift>' (50) people who ,,,,'ill work in shifts, seven (7) days per week, tv,'enty- four (24) hours per da>'. CONSIDERATIONS: The 2.5 acre site is an undeveloped section of land located at thc northeastern boundary of thc Collier County Government Complex site on the north side ofthe existingjail facility. Access to the site ,.','ill be provided via tile existing main driveway entrance to thc Collier County Government Center located offofAirport-Pulling Road and another existing driveway entrance offofPalm Street Secure detention is thc temporar>' custody ofjuveniles charged with criminal offenses in a maximum secure setting. Juveniles admitted to detention must meet statutory guidelines and appear before a judge within 24 hours. Security is maintained by jail type security hardware such as locks, bars. unbreakable glass, fences with razor `.,,'ire and other means. The facility is occupied by uniformed stafflwenty-four hours per da.','. The Collier Detention Center ,,`.'ill be tile first facility in thc State to be designed and built w/th an attached assessment center. The assessment center located on site will eliminate the need to transport .juveniles offsitc for assessment purposes. PROS/CONS: The list below contains a summary of thc evaluation of the criteria which arc specifically noted in Section 2.7.4.4. of thc Land Development Code requiring staff evaluation and comment, and used as thc basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: Access to tile site ,,,,'ill be provided from an existing driveway entrance located off of Airport-Pulling Road which functions as the main entrance from Airport-Pulling Road to thc Collier County Government complex. The o,,'erall site circulation pattern is already established and functioning. The development of this site does not propose to alter that pattern. Surrounding land uses on three sides are similar to if not more intense in nature than the proposed use. The site is located within thc existing government center complex, therefore development of the site for the proposed use should not be detrimcnlal to similarly developed su~ounding prop~Phes. ~~ ~ the public use nature ofthe su~ounding land uses, development ofthe site for a dctentio facfist~ be deemed to be compatible to adjacent properties. . NOV 2 4 1998 Thc abutting residential property to the north is developed with 3-stoD'. multi-family I')uildings. thc views from which are directed to thc northeast and southwest, away from the subject site. Most ofthc frontage along thc northern boundary of the site is adjacent to the abutting property's existing parking lot. therefore, providing a buffer generally comprised of parking areas on both sites and the required landscape buffers. CONS: Thc facility will operate on a 24-hour a day basis with staffxvorking in shifts. There is a proposed recreational area for inmates located on tile north side of the site. adjacent to tile parking area of the residential property to thc north. This recreational area will be buffered somewhat from this residential area by thc proposed location of thc parking lot and driveway. FISCAl. IMPACT; Ti~is conditional usc request by and of itself will have no fiscal impact on tile ('ountv. Iloxvcvcr. if this request meets its objective, a portion of thc existing land will be flmhcr developed. Thc mcrc fact that ncw development has been approved will result in a filture fiscal impact on Ccmnty public fi~cilitics. 'File County collects impact fees prior to thc issuance of building pein'fits to help off-set thc impact of each nc,,,.' development on public fi~cilities. These intpact fees are used to fimtt projccts in the Capital Improvement Element needed to maintain adopted levels of'service fi)r public fi~cilitics. In thc event that impact fee collections arc inadequate to mairttair~ adopted levels of service, the ('otmtv mt,st provide supplemental funds from other revenue sources in order to build nccded facilities. ..G_ROWTII 5IANAGEMENT ISIPACT: Future l. and Use Element; The subject site is designated Mixed Usc Actix'it'~ Center on tilt Future Land Usc *k,p of thc Growth Management Plan. This district pein'fits rc.sidcntial and non-residential uses. including public fitcilities type of land uses. The I.and Development Code establishes a procedurc which rnav rcsuh in approving a development order for juvenile detention facilities m public usc zoned districts. To that extent this petition is consistent xvitb the FLU[':. Traffic ('irculation Element: The ITE Trip Generation Manual indicates that tile proposed use will gencr;,te approximately 200 trips on a weekday. Based on this data. the site generated traffic will not exceed the significance test standard (5 percent of tile LOS "C" design vohm'm) on any County road. Furthcm'mrc. ti'tis petition will not lower thc level of sca'icc bclov, any adopted LOS "D" standard within thc projcct's radius of development influcncc (RDI). 'l"hercforc. the project is consistent with Policy 5.1 anti 5.2 of thc Traffic C~rculation Element ('I-CE). The TCE lists this segment of Airport Road as a 0-lane road. Thc traffic count is 29.845 AADT and is operating at LOS "A". It should be noted that this scgmcm is projected to he deficient within thc next five ,.'ears. NOV 2 4 1998 ttlSTORIC/ARCI IAEOLOGICAL IMPACT: Staff' s analysis indicates that tim petitioner's property is located outside an area of' historical and archaeological probability as referenced on tile official Collier County Probability Map. Thcrcfiwc. no Historical,'Archacological Survey and Assessment is required. pLANNING COSIMISSION RECOM~IENDATION: At thc November 5. 1998 Planning Commission meeting, a motion was made to forward a recommendation of approval to the Board of County Commissioners for thc requested conditional usc. subject to thc following staff stipulation: 1. Thc hmdscapc buffer along the northern boundary of the site shall be a Type C. 20-foot-widc. opaque within one year. landscape buffer with a six-foot wall. hedge, fence or berm. or combination thereof and txvo staggered roxvs of trees spaced no more than 30 feet on center. I)REI)AREI) llY: .SUSAN NIURR..XY. :\ICP [}ATE C}tIEF PI_ANN[!R REVII-2WEI); , Ii5': RONA I.D [:.-N~. A ~['. NIANAGER DATE CURRENT PLANNING SECTION ' ROBt.'."RT .I. NIULtlI!RE. AICP. DIRECTOR DA'rE PI.,,\NNING SERVICES DEPARTMENT APPI~OVEi) BY: VINCENT A. CAUTERO. AICP, ADMINISTRATOR DATE COMMUNIT'/DEVEI.OPMENT & ENV. SVCS. DIVISION Petition Number: CU-97-19, Juvenile Justice Facility NOTE: This Petition has been tentatively advertised for the November 24. 1998 BCC meeting. NOV 2 4 1998 AGENDA ITEI4 7-J MEMORANDUM TO: COI.LIER COUNTY PLANNING COMMISSION FRO*I: COMMUNITY DEVELOPMENT AND ENVIRON. SVCS DIVISION DATE: OCTOBER 15, 1998 RE: PETITION NO: CU-98-19 Department of Juvenile Justice AGENT/OWNER: Agent: Arnaldo I lernandez Arkitex 2 ,1923 West Cypress Street Tampa, FL 33607 Owner: Department of Juvenile Justice 2737 Centerview Drive #114 Tallahassee, FL 32399 GEOGRAPIIIC I.OCATION: The subject site is located on the east side of Airport-Pulling Road within the existing Collier County Government Center site. on the north side of the existing jail, located in Section 12, Township 50 South, Range 25 East. Collier County, Florida. REQIIESTED ACTION: The applicant is seeking to obtain approval for Conditional Use "3" (Detention facilities and jails) in a Public Use "P" zoning district. PURPOSE/DESCRIPTION OF PROJECT: The 2.5 acre site is an undeveloped section of land located at the northeastern boundaD, ofthe Collier County Government Complex site on the north side ofthe existing jail facility. Access to the site will be provided via the existing main drivev,,ay entrance to the Collier Count,,' Government Center located off of Airport-Pulling Road and another existing driveway entrance offofPalm Street. The petitioner proposes to establish a 50 bed detention facility housed in a 19,000 square foot building, with an administration wing, assessment wing and detention v,'ing The petitioner estimates staffof approximately fifty (50) people ,.,,'ho will work in shifts, se,:en (7) days per week. twenty-four (24) hours per day. Secure detention is the temporary custody of juveniles charged with criminal offenses in a maximum secure setting. Juveniles admitted to detention must meet statutory guidelines and appear before a judge within 24 hours. Security is maintained by jail type security hardware such as locks, bars, unbreakable glass, fences with razor wire and other means. The facility is occupied by u twenty-four hours per day. Juveniles are placed in detention awaiting disposition ofthei case%efove-.t~ Juvenile Court. While in detention, juveniles must attend school, move in regimented ;Non and NOV ,1 1998 / i .... m ,~./;' ~: 7~' : -,~C.-~ , ;~ ;~ :,: I ~ "~'A:' ' /H- ~:~:;~ :'~ ' · ~ ~ I ~ --~ j ' ~ /,~ N~:-~ ~J: f ~ ~ ' ' ' i ~ g D ~ i '" ' II I : =: '~ behave in inmate l'ashion The assessment center is a single location v. hcrc las,.' enforcement ofiiccrs can deliver all youths charged v.i~h criminal offenses At the assessment center the vouth and their family are c`.'aluated by appropriate professionals to determine it'they have issues related to mental health. substance abuse, family dys[bnction or other situations wMch ma,.' ha,.'e caused the ,.'outh to violate the law The goal of the assessment center is to quickly identify problems which cause~t the youth to violate the las,.', and immediately ret'er the youth/family to the appropriate resource The Collier 13creation Center ,.,.'ill be the first Facility in the State to be designed and built with an attached assessment center. The assessment center located on site `.,.'ill eliminate the need to transport juveniles off site for assessment purposes. SL:'RROI;NDING I.AND I'SE AND ZONING: Existing conditions: The subject site is currently undeveloped Tile site is zoned Public Use (P). The public use district is intended to accommodate only local, state and federally owned or leased and operated government facilities that provide essentia! public service ZONIN(; I.AND ['SE Surrounding: North- PUD Iferon Park Apartments-muhi-family residential South - P Government Center (Jail) East - P Government Center (}teahh West -C-4 Office Buildin~ GROX, VTII .M.-kNAGESIENT PI,AN CON.ql.qTENCY: Future Land Use Element The property lies within the Mixed Use ActMty Center designated area on the Future Land Use ,',.lap to the Future Land Use Element (FLUE). ActMty Centers are intended to be mixed-use in character. This land use classification pro,.'ides for commercial types of land uses. essential services, mixed use residential and institutional type of land uses. The Land Development Code establishes a procedure which may result in approving a development order for a ju,.'enile detention facility in public use zoned districts. To that extent this petition is consistent with the FLUE Other consistencv relationships are as follows. 'rr~a0]c Circulation Element ]'he ITE Trip Generation .Manual indicates that the proposed use ,.`.'ill generate approximately 200 trips on a v,'eekdav. Based on this data. the site generated traffic `.,.'ill not exceed tile siunificance iest' standard (5 percent of the LOS "C" design volume~ on an.',' County road. Further~'~ore. this petition will not lower the level of se~'ice below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 ofthe Traffic Circulation Element (ICE). The TCE lists this segment of Airport Road as a 6-lane road. The traffic count is 29,845 AADT and is operating at LOS "A". It should be noted that this segment is projected to be deficient within the next five ,,'ears. NOV g 4 1998 2 _O!.ber ..\.t, pticabl¢ Elcme.n.!. Other applicable elements are those typically evaluated at the time oFsubscqucnt development approvalsl~m) and generally deal with infrastructure To the extent that improvements to infrastructure and/or extension ofavailable public utilities is required, these ,.,.'ill be mandated at the time ofapproval ofthe required site development plan Il ISTORIC/A RCll A I:X)I.OGICA !, IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier Count,,,' Probability Map. Therefore. no sun'ev and assessment is required. However. pursuant to Section 2.225.8 I. of the Land Development Code. if. during the course of site clearing, excavation or other construction actMty an historic or archaeological artifact is found, ail development v.'ithin the minimum area necessary to protect the discovery shall be immediately stopped and the Collier Count.',' Code Enforcement Department contac:ed EX,':\ I.[;ATION FOR ENVIRON.Xl ENTA I.. TRA NS PORTATION A NI) INFRASTRUCTURE: The subject petition has been reviewed bv the appropriate staff.responsible for oversight related to the above referenced areas of critical concern This primarily includes a review by the Community Development environmental and engineering staff: and the lranspor~ation Sen'ices DMsion staff CRITERIA EVAI,I'ATION: The Current Planning staff.has coordinated a comprehensive evaluation of this land use petition and the criteria on ',~,hich a favorable determination must be based lhis evaluation is intended to provide an objective, comprehensive overviev,' of the impacts of the proposed land use change, be they positive or negative, culminating in a staff.recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2 7 4.4 of the Land Development Code thus requiring staff.evaluation and comment, and shall be used as the basis for a recommendation for approval or denial bv the Planning Commission to the Board of County Commissioners Each ortho potential impacts or considerations identified during the staff.review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff Staff review of each of the criterion is followed bv a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation CONDITIONAl, USE: a. Consistency with the Land Developnient Code and Growth 31anagement I'ian. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC Con: Not applicable in view ortho consistency evaluation with the GMP and LDC. / NOV 2. 1998I 3 ~P~. 7 SummarT.' Conclusion: The proposed use Is authorized in the Mixed Use ,,\ctivitv Center des,gnated areas in tile "P" Public use zoning district, v. hich provides tbr tile requested use as a conditionally permitted use b. Ingress nnd egress to property nnd proposed structures thereon with l)articular rel,erence to automotive nnd pedestrian snl,ety nnd convenience, traffic flow nnd control, nnd access in case ol. fire and/or catastrophe. Pro: .-\ccess to the site :,.'ill be provided from an existing driveway entrance located otTof Airport-Pulling Road which functions as the main entrance from Airport-Pulling Road to the Collier Count,,' Government complex This entrance provides direct access to the northwestern and noahern parking areas The subject site is located east ofthe northern parking area on the north side of the existing jail. From the northwestern parking lot, the existing dri;'ev.,ay provides access to the site. looping around the site and forming a portion the eastern and northern boundaries of the site This driveway entrance also provides access to the existing Heahh Center from the ,.,,'est and from the east, leading to Palm Drive The overall site circulation pattern is already established and functioning. The development of this site does not propose to alter that pattern Juveniles under arrest who are beinu brought to the center enter the facility through the Sallyport. a secure gate £acility proposed to be located on the northern side of the site and ,.~.hich leads directly into the buildint~ Con: .',.'one major points ofingress and egress to the site are already Summary' Conclusion: The established and functioning due to the existence ofthe government complex The development of the subject site should not alter existing tra~c patterns and will provide a logical link to existing driveways and drive aisles c. The effect the conditional use would have on neighboring properties i, relation to noise, glare, economic or odor effects. Pro: N, oise generated by the proposed use ~*.'itl be minimal. Due to the highly secure nature of the proposed use. the majority of'activities ,.,.'iii occur indoors. From the outside the building ',,,ill function similar to other public uses on site; the majority of the activity on site will occur during typical daytime business hot, rs. The proposed location ofthe main entrance to the building is located along the western boundary ofthe site. adjacent to an existinu office buildinu. The abutting residential property to the north is developed with 3-sro%'. m-ulti-family buildings, :he views from which are directed to the northeast and southwest, away from the subject site Most of the frontage along the northern boundary of the site is adjacent to the abutting property's existing parking lot. theretbre, providing a buffer generally comprised of' parking areas on both sites and the required landscape bulTers Con: The t'acilitv ,.,.'ill operate on a 24-hour a da5' basis with staff working in shifts. There is a proposed recreational area for inmates located on the north side ofthe site. adjacent to NOV g 4 1998 p~. ~ ibc parking area of thc residential property to thc north This rccrcational area will be buffered somewhat from this residential area bY the proposed location of the parking lot and driveway Summarw Conclusion: The proposed layout of the slte and the configuration of the buildings within the development ofthe abutting residential properties to the north will help to lessen, somewhat, the noise affects associated with the 24-hour operation of the use Additional landscape buffering may help mitigate somewhat glare and noise associated with activity in the parking area and recreational area d. Compatibility with adjacent properties and other property in the district. Pro: The subject site is located within the existing Collier County Government center Accordingly. properties to the east and south are zoned Public Use {P) and are currently developed with the various public uses a.~sociated with a .uovcrnment center There ,s an existing jail immediately abutting the subject site to the south Since the site is an undeveloped portion or' land xvithin tile complex, developed '~,.ith public use type of land uses. devciopmcnt or'the sub)ect site as a juvenile detention thcilitv functions more or less as an inlill parcel within this complex Tile development ora juvenile justice facility in this location could be viewed in the terms of an extension of the similar type of existing jail facility. only for juveniles Con: The abutting property to the north is currently developed ~.~.ith multiple family type of land uses However. development of this property was recently completed The subject property, at the time of development of the abutting property. ,.vas part of the government complex and zoned for public use. Therefore, the subject site was always predisposed to development for land uses either permitted by right or by conditional use with appropriate approvals, in the Public Use zoning district SummaD' Conclusion: Surrounding land uses on three sides are similar to if not more intense in nature than the proposed use. The site is located within the existing government center complex, therefore development of the site for the proposed use should not be detrimental to similarly developed surrounding properties. Due to the public use nature of the surrounding land uses. development of the site tbr a detention facility could be deemed to be compatible to adjacent properties STAFF RECO~IMENDATION Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 97-26 for Conditional Use 3 -Detention Facilities and Jails of the Public Use (P) zoning district as described in the Resolution of Adoption and Exhibits. and subject to the following stipulations. I. The landscape buffer along the northern bounda~' of the site shall be a Type C. 20-foot-wide, opaque within one 3'ear, landscape buffer with a six-foot wall. hedge, fence or berm. or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. NOV 1998 PREPARED BY: ,gUS,AN MURRAY. AICP ' ' j DATE CHt~ PLANNER / ~ ~ R0~,~LD F NIfO AICP ..... ~. ' · DATE CURRENT PLANNING MANAGER ROBERT J, MULHERE. AICI' DATE PLANNING SERVICES DIRECTOR APPROI,7/ED BY: VINCENT A. CAUTERO. AICP. ADMINISTRATOR DATE' ' COMMUNITY DE\rELOPMENT & ENVIRON. SVCS DIVISION Staff Report for the November 5, 1998 CCPC meeting. NOTE: Tentatively scheduled for the November 2-.I. 1998 BCC meeting. l, lOV 2,1 1998 p~. /O APPLICATION FOR PUBLIC 1TEARING FOR: Petition No.: U, It; 9 8 - I O Date Petition Received: Co~ission Dis~ct: Pl~er ~si~ed: .% ABOVE TO BE COMPLETED BY STAFF General In formationll Name of Applicant(s).. De?__,'r.'r. ent: of Ju.,eru...,_ ,Justice Applicant's Mailing Address 2727 Cent~-..±e;.. '2~:i':e, .~114 CiD' Taila.hassee State Florida Zip 32399 Applicant's Telephone # (850) 9~1 7e=~ Fax #_(850) 921-6940 iN'amc of Agent Arr~ldo Herr.~andez Firm arkitex 2 Agent's Mailing Address 4923 ;'Jest O/press Street City Tam?a State Florida Zip 33607 Agent's Telephone/l (813) 286-1919 Fax # (813) 286-8288 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNqNG SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 NOV 2, 4 19° API'LIC:tTIOS' FOR PUBLIC HE^RING FOR COSDITIO~^L USE. 6,~),. Pcl. / [ ,----" PAGF. I OF 2. Disclosure of Interest Information: S~:.~_, A'Z'7.:..C:-~ LE3.SE .a.C~._.,:~..~;2' a. If the property is ov,'ncd fee simple by an D,;'DIVIDUAL. tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Ad&ess Percentage of Ownership b. If the property, is owned by a CORPORATION, list the officers and stockholders and the percenlagc of stock owned by each. Name, Address and Offic; Percentage of Slock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Na:ne and Add'ess Percentage of Interest NOV 4 1998 APPLICATI05 FOR PUIIL/C H£ARING FOR CONDITIONAL [.'5£ o 6,~ ~ P~ /~ ,, ~ . PAG~ 2 OF J~ ~R OL,'ND LEASE TH.IS LEASE is ::n~c[¢ ~d enleted into this _/~'_ chy o , ".-,. · ..0~'~ Ob. ~,d be:~'~n COLLLER CO'~..-~'TY, a politic,~ s~bdivilio;1, herein ~ferred Io IL~ 'LESSOR', ~:d TFIE STATE OF FLORIDA, DEPARTMIi.NT OF JL%~,hTLE d'L'STICE, a Su:e Agency, herd: refert~ :o aa 'LESSEE'. The actual date In coe~idcratioa of thc mu:ual co:'en,,nts provided bcr-..m ~d ct.See good and '.'~Juable :o=sldcrafio,. t,5c agr,e as foLlow~: ,kRTICLE I. DE.%LISE OF' LEASED LAND I. ] LESSOR for ~d in conslcler~tion of ~ r~nt~, cov~u ~d c~i~cn, h~ei~ conui~ be kept, Ferfo~ ~ obeyed ~ I ~-~E, g~ I~e ~d demi,e ~ ~SEE. ~d ~EE d~, ~t ~d ~cept ~rem LESSOR, the ~ p~peny, ~ferr~ to ~ '~ed ~d' de~H~ h E~bit 'A', at~h~ here~o and 1,3 . L~R ~ve~t~ acd m~ tb,t ~SEE. on keeu~g ~c of ~'~ ~z~ o= LE~'S a~ t . · - . conditions ~d p , o be ke~t or performS, ,Mil ]aw~lly ~d q~efly hold. occupy ~ enjoy ~ ~d dung ~ ~ of ;N~ ~e wacom ~de~ee or ~Ies=arlon by L~SOR ce ~y per,on under L~SOR. ~TICLE 2, LEASE 2. I ~ ~e shall b~ for a ~e~ of Fifv/(50) y~. ~r~ina~r refe=~ m ~ '~a ~id ~asc )h~] cc~eacc on the ~y of me ]~t ~a~ ~i~rc of?, ~ue. Addi~on~ly, m ~SOR offer ~e ~SEE ~e H~t ~ ~cw ~s ~e rot ~ ~ltlonmi Fl~ (If))'ur ~efi~ ~ ~e ~d of fha m~ve. zcf~r~ced 50 y~; ~%e Te~. ~e ~S~ nl~;s ~o ~y ~he ~SOR ~he sum o~Oae DolI~ (~I.~) per 'z'it~ ~is ~ will *pply to ~y reaew~ pound. 2.2 IF~SSEE ~all hold over M~r ~c expiration otth, ~ T~. s~h :cn~cy shall be from moaS} :o me:~ under ali of ~ ~er~. ~ve~ts ~d condidcn~ of ~s Le~se mbj~t, hcw~::, to ~SSOR's fight ~:k legal rehc/:o ej~t LESSEE ~m ~c ~ed ~d u a ho/dover. ARTICLE 3. 3. I LESSOR shah ma. kc available sc'~,'er end potable u.'aeer Iiae~ to the ~aid Le~ed L~d. or k~d whm~ccv=r ca or against ~58EE. ~I persons ro wMm these pres~{, ~y come ~'e put upon nolte of thc ~t ~a: [he m~=~ of ~e I~SSOR ~ ~e Demi,~ Pr,mise~ shall not be subj~t lo llen, ~or improvem~nu ~de by the LESSEE ~d liens for improvcmenu made by ~e ~SSEE ~e specifically pmNbi~ f mm at~chN8 NOV 2 4 1998 SL~t-. of Floricia ~o be lu~[ because of s~d L~ehoid. '~'iL% ~e prior writ~ aFp~vM of bo~ the ~SOR ~d ~e ~SS~. ,%'oClce lo lhe LESSOR sh~! be adcires~ed to: Bo~d of Ccrun~ Co~ioners ¢/o Rca{ P,"opcr~y M~ag¢:r.~nt 330! T,,-~i Tt,dI Eut AdmJn~.r~jon l~uild~g ,",'aple~, Florida 33962 Notice io ihe LESSEE sh~{! be ad.erased ~0: D'-p~'tment of Suveuife lu~tice 2737 Cca~e.c'~ew Drive IOxigh~ l~uiidh:g. Su~t~ 30.{ TaUahsase~. F{orid~ · LRTICLE 12: RADON GAS 12.1 · In compliazce with Secdc:u 40~.056,.Floricla S~tute~,-~I ~:ie~ are hore~ ~e aw~e of the /of!owing: R~cn ~ a ~y ~cu~ng ~act~e g~ ~at, wh~ i~ ~ ~zumulat~ ~ a bulldog subteen: q~:Jti~, ~ay p~: h~ d~ ~ p~ ~ho ~ cx~ to it over time. ~els of r~ou exc~d f~e~ ~d sa~ guJde[~ ~ve b~u fo~d ~ build~gs i~ F/o~. A~d~doeaI ~for~tiou regard~e and rsdcu te~:~g ~ay be ob~{nM from )our ~ ~biic H~lth u~. - whiten. [N'%']~'ESS ~OF, ~e ~niem ~to have set ~eir h~ds ~d ~]s o: ~e ~y ~d v~r above Sufficieucv: Coun r/ Af~ev NOV 2 4 1998 /,_/ r ~SEE: STATE OF FLOR/DA, DEPAR'D.,~ENT OF ]UVEN'ILE .rL. STiC Wi~::sses: WOODROW w. H~R~£R ~ DEPLTY SE.CRETARY '" ,.,,..,,.~.,,.,,~ ST^T~. OF Dep~=m~ of ]uv~le 1u~dc~, who ii Pe~lv ~ ~ id~fic, dc~ ~d wh~~. ~o ~ or who ~ ~EN' C. PASS.OMO. 2~ Go~den Ga~ P~'ay, Sui~ 3 15 ~'aplc~, ~o~ 34105 (94I) 26 I-3a53 AGE~ ' PO. d. If the property is in the name of a GEN~ERAL or LD, HTED PARTNERSHI2P, list the name of the general and'or limited partners. Name and Address Percentage of O~'nership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Pcrzentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, ifa corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ): 6/10/97Ferm of lease 50 yr./mos. If, Petitioner has option to buy, indicate date of option: and date optior~ . terminates: _, or anticipated closing date NOV 2 4 1998 O h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the APPLICAT{O'~' FOR PUBLIC IlEARD,'G FOR CONDITIONAL Ufi£. PAGE 3 OF responsibility of the applicant, or agent on his behalf, to submit a supplcmcntal disclosure of interest form. 3. Detailed legal description of the properS' covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property, involved in each district. Applicant shalI submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineeffs certification or sealed survey may be required. SEE 'I~2E r"'OrJ.~'ri~lG T,':O PAGES Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Properly I.D.#: Metes & Bounds Description: 4. Size of propert!': fi. X .ft. = Total Sq. Ft. Acrcs.t 2.5 acres 5. Address/general location of subject proper't!'; c_oilier C~untv Goverr. r~nt Center (~rt~h of existing jail) 6. Adjacent zoning and land Zoning Land use S PS~ Detention Facilities & Jails E PL~ Detention Facilities & Jails W C-3/C-4 NOV g 4 1998 APPLICATION FOR PUBLIC IIF-ARING ['OR CONDITIONAL USE - PAGE 4 OF I$ ..... Does property owner own contiguous property to the subject property.? If so, give complete legal description of entire contiguous proper'tv. (Ifspace is inadequate, attach on separate page). ~;o. Section: Township: Range: Lot: Block: Subdivision: Plat Book . Page #: _ Property I.D.#: ,Metes & Bounds Description: '7. Iype of Conditional Usel This application is requesting conditional use # 3 of the district for(r~£OFUS£) Detent!ch Facility & Assessment Center SEC 2.2.1~.3 --' Present Usc of the Property: Public Use District 8. Evaluation Criteria.'. Provide a narrative statement describing tiffs request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and ~e Planning Commission's recommendation to the Bo~d of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the indiv/dual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as ma,,' be necessary). See attached page, ' · GE' * T , Q NOV 2 4 1998 a. Describe how the projec~ is consis~cm with thc Collier Coun~ [~d Development Code ~d Growth M~agement PI~ (include info~ation on how the request is consistent AI'PLICATION FOR PI'Bt_lC IIEARING FOR CONDITIONAL USE. PAGE This request is for a conditional use permit to allow an institutional use, specifically a Juvenile Justice Detention Facility & Assessment Center for The Flodda Department of Juvenile Justice, in a public use district. Per Collier County Ordinance 2.2.18.3 Detention Facility uses are permitted in a public use district with an approved Conditional Use Permit. The applicant (State of Florida Department of JuVenile Justice) proposes to establish a 50 Bed Detention Facility and Assessment Center on the subject site. The proposed program will be designed to have an Educational Assessment and Juvenile intake care component. The applicant has estimated thai: the average length of stay is approximately 21 days. New construction will include a facility consisting of 19,000 + square feet, an administration wing, assessment wing and detention wing. There are no existing buildings on site. New parking will be added to the existing roadway. The applicant estimates a staff of approximately 50 who will be in shifts spread over seven days (7) per week and twenty four (24) hours per day. The subject site will be surrounded by a double twelve foot fence with razor wire at the top. The site will be accessed from the existing Coliier County Government Complex Center. The proposed use will generate approximately 200 daily trips from Airport Road. The proposed project will require approximately 14,000 g.p.d, of water and generate approximately 10,000 g.p.d, of wastewater. Utilities for the proposed project will be provided by on-site udlity facilities. 2 4. 1998 /¢ --J with the applicable section or portions of the future land use element): A Juvenile detention facility is c!assific~ by ti~e Collier Cc~t..,' Ccm, prehensive Plan as an iP~titutior~al use and is pe-rm/tted in ~:itin an approved ccnditic,-~31 use pe_rmit (CUP). T~.,is requ.'est is botch ccr~patib!e with t~,e zoning district and ccrn$istent ',.~th the comprehensive plan. b. Describe the ex~sth~g or planned means of ingress and egress to the property, and proposed structure thereon ~th particu]ar reference to automotive and pedesh~an safe~v and convenience, traffic flow and control, and access {n case of fire or catas[rophe: TP,,e in.cress and e$r. ess land surrov~ndinq the subject site is c.~r.c_~.: b'/ tite Collier Cot~,y qove.--r~&nt comple_.,, and will not a&~ersely i mr~ac t - ~ ~ ·. · au~cmo~.e, pedestrian traffic f!o',; and control and access in case cf fire or catastrophe, it is anticipated t/tat t.~.ere ',.'ill ke no adverse £7.~ac5 on t~.e ?'~blic kea!t.%, safetT, a.nd welfare. ~ll zopAng code standards including sea, backs w~!l ke verified during t2~e Collier County O cccr·ercia! site develcprr~._nt plan. c. Desc~be the effect the conditional use will have on neighborin~ prope~ies in relation to noise, gI,zre, econorn{c impact and odor: The subject sit~ facility is anticipated to kave no ad~/erse impact on ne.lqhboring proF~_rties in relation to - ¢¢n ~!are, ..o .... eco~.c~ic L~.pact, cr odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The subject facility will be classified as Fe:m~itted wit.bin a surrounding public usedistrict subject to approved conditional use permit (CUP). NOV g 4 1998 APPLICATION FOR Pt'Bt_lC II£ARING FOR CONDITIONAL t'S£ PAGE 6 OF I5 e. Please provide any additional information which you ma',' feel is relevant to this request. - 9. Deed Restrictions.._ The County is legally precluded fi.om enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property. Ow'hers association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject properb~';_ To your knowledge, has a public hearing been held on this property within the last yea-? If so, what ,,,,,as the nature of that heating? II. Additional Submittal requirements; In additim: to this completed application, the fo/lowing must be subm/ned in order for your application to be deemed sufficient, unless othenvise v,'aived during the preapplication meeting. a. A cop,,, of the pre-application meetin~ notes; ,'dr. P. on '" ;~ - . .',~..o witin tine Collier C~,~.~tO~d De'.'e!cpe~.nt :~= ,-,e .cre-app!icaticn n.:etln9 not necessary. c ..... debT. ed b. Eleven (I I) copics of a 24" x 36" conceptual site plan [and ~ne reduced 8½" x 11" copy of site plan~, dra%~n to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon: completion of staff evaluation for d~stribu'ion to the Board and various ad%4sory boards £nvironmental Advisor/Board 0gAB), or CCPC]; · all exis[ing and proposed slructures and [he dimensions thcreof, There are no e~.istin? structures on site. · provisions for existing and/or proposed in.aress and egress (includin§ pedcstrian ingress and epess to the site and the structure(s) on site), See attached conceptual site plan. N0V 4 1998 * all existing and/or proposed parking and loading areas [include matrix indicating required and provided pa'king and loading, including required parking for the disabled], See conceptual site plan. FOR PUIILIC II£ARING FOR CONDITIONAL USE. PAGE 7 OF' I5 · locations of solid waste (refuse) containers and service function areas. O * required yards, open space and prese~'e areas, · proposed locations for utilities (as well as location ofexistine utilitv sen'ices to the site), - - · proposed and/or existing landscaping and buffering as may be required by the Count.,,., · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement 0!!IS), as required by Section 3.8. of the Land Development Code (LDC). Subject prope_rt7 is less Lhan 10 acres (N/A) d. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identi .fy plant and/or wildlife habitats and their boundahes. Such identification shall be consistent with Flor/da Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility prov/sions (',,,'/th all required attachments and sketches); See_ plan and page # . f. A Traffic Impact Statement (TIS), unless wa/ved at the pre-application meeting; N/A - ~'. A histor/cal and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); N/A h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. N/A NOV 2 4 1998 APPLICATIbN FOR PUBLIC HE%RING FOR COND/TIONAL USE. PAGE 8 OF 15 SECURE DETENTION Secure detention is the temporary custody of juveniles charged with criminal offenses in a maximum secure setting. Juveniles admitted to detention must meet statutory guidelines and appear before a judge within 24 hours. Security is maintained by jail type security hardware, such as locks, bars, unbreakable glass, fences with razor wire and other means. The facility is manned by uniformed staff twenty-four hours per by uniformed staff. Juveniles are placed in detention awaiting disposition of their case before the Juvenile Court. Detention is nota place to which juveniles are sentenced. While in detention, juveniles must attend school, move in regimented fashion and behave inmate fashion. STAFF There are sixty-five staff assigned to the Collier Detention Center. Forty-five of these are direct care staff and will work in three shifts. Six staff are field supervision staff (CYL's) and will infreciuently be in the facility. The remaining administrative staff will work staggered schedules, including weekends and late evenings. The Assessment Center will employ an additional four employees during the 8:00AM to 5:00PM shift and three during other shifts. ASSESSMENT CENTER An Assessment Center is a single location where law enforcement officers can deliver all youths charged with criminal offenses. At the assessment the ',,cuth and his family are evaluated by appropriate professionals to determine if they have issues related to mental health, substance abuse, family dysfunction or other situations which may have caused the youth to violate the law. Iftheyouth meets the statutory criteria to be placed in secure detention this placement will follow the assessment. If the youth does not meet the criteria he/she will be released to the parent following the assessment. The goal of the assessment center is to quickly identify problems, which caused the youth to violate the law, and immediately refer the youth/family to the appropriate resource. If the youth is detained the informationgain~_rl NOV 2 ~ 199~ in the assessment aids the court in determining if the youth should remain in detention pending disposition of his/her case. The Collier Detention Center is the first facility in the State to be designed and built with an attached Assessment Center. NOV 2 4 1998 ADVANCED ENGINEERING GROUP. INC. 12101 Norlh $6th Slreet Ph/Fax 813/899-2344 Tampa. FL 3.1617 E-mail: AEGIMAI a AOL Traffic Analysis rot: Proposed Juvenile Detention Center Collier Count.,,', Florida Prepared for: Florida Department of.Juvenile Justice Date: September 28, 1998 Project Number: ! 100 M. Ali Iranmanesh P.E. # 41037 ~ NOV 2 ,~ 1998 Introduction The purpose ofthis stud)' is to analyze the traffic impact ora proposed 16000 square feet ' ora Juvenile detention center on C~untv's major roadway network. The Juvenile detention center is proposed to be built Within the existing, Collier Counts' Government complex located at the Northwest corner of US 41 and A~'rport Road as s'hown on the following site location map. % - · I;'*'''~''~:~ / %_ - " The analysis is based upon the requirements and standards of a minor Traffic Impact Statement (TIS) for a conditional use permit. It is also based on discussions with the Collier County Development Review staff'. Existing, Condition As mentioned before, the proposed juvenile detention center will be located within the existing Collier County Government complex located at the Northwest comer of US 41 and Airport Road. The access to the detention center within the complex will be provided ,,'ia existing access points one on airport road and two on US 41. The most easterly access point on US 41 is signal controlled and the other two access one on airport road and one on US 41 are Stop Controlled /he latest available pertinent data regarding Airport Road and US 41 adjacent to the government complex is given in table 1. , NOV Table I Pertinent Roadwa.v. Data Roadwa.~ Existing i Future 1997 Averaee Level of Service : Name Geometr2..' } Geomet~' Annual Daily Serwice RateI Traffic Standard '~ U.S. 41 4 lane cLivided [ 6 lane chv/dcd2 38722 D i 51700 .. Airpo~l Road , 6 lane ~vided [ 6 lane chvidcd 29845 D I 574¢1~) I .5en']ce Flow Rate is at Lcxcl of Sen'~cc Standard and it Ps based on 6 lane divided roadway 2 Con.function for 6 lane d~vided is undenvav Source: Collier Count)' metropolitan Planning Organ~ation Radius of Development Influence {RDI}: Per direction from Collier County development review staff. RDI for this project include Airport road and U.S. 41 adjacent to the Government Complex. Trip Generation: The Institute of Transportation Engineering. lITE) Trip Generation Handbook 6'h edition. land use code 571 with square feet as independent variable was used to determine the weekdav PM peak hour trips ofthe detention center. The daily trips ,.vas then calculated based on the assumption that 10% of the daily Generated trips will occur during the PM' peak hour. Table 2 illustrates the total weekday daily trips generated by the detention center Table 2 Total ~'eekday daily trips Ba~ Source: ITE Trip Generation Handbook. 6~ echLion [ Land Use Code I .';71 I Total Weckdav PM peak hour mps [ 47 Total v,-cekdav daily lap I 4(,6 Trip Distribution and assignment: The total trips generated by the detention center was distributed and assigned to the study Area Roadway network based on the existing development patterns and characteristics of the area and the type ofcxisting access control on the study area network. Figure I illustrates the percent distribution and trip assignment. NOV £ A 1998 Figure I Trip Distribution and Assignment Anah'sis and conclusion: The addition of new trips generated by the detention center to thc study area roadway network should not cause the operating level of sec'ice on the study area roadway network to degrade below the standards. ' Total estimated trips on U.S. 41 and Airport road including background traffic grouah and new trips generated by the proposed facility and its comparison to the service flow rates at level of service standards is given in table 3. Total trips on U.S. 41 or Airport road arc lower than the corresponding service flow rates. Table 3 Comparison of Existing total trip on study area roadway network to the Sen'ice flow' rate at level of ser~'ice standard !name f Rates [ U.S. 41 ! 38722 I 39884 I 327 [ 40211 I 51700 [ Airport Road ! 29845 ! 30740 [ 139 t 30879 I 57400 Note: A~sumcd 3% gro~lh rate from 1997 to 1998 1998 . Q STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAI. USE REOUEST 1. NA~NIE OF APPLICA.NT: ~-e-.ra.~-.,enc cf Juven/le Justice 2. MAILIN'G ADDRESS: 2737 G~nter~;iew Dri./et #114 CITY Tallahassce ZIP 32399 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): c.~ ~ ;c-~ Cc~unty C~y/err~nt Center 4. LEGAL DESCRIPTION: (See ?aqe 4 of 15) Section: Township: Range: Lot: Block: Subdivision: Plat Book~ Page #: ProperD' I.D.#: ' Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUqWFY UTILITY SYSTE,M [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLAN'T [] (GPD capaci~') e. SEPTIC SYSTEM [] 6. TYPE OF WATER SERVICE TO BE PROYqDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCIIISED UTILITY SYSTEM [] PROVIDE NASIE d. PRIVATE SYSTEM (¥,"ELL) [] ,0 ~ O7. TOTAL POPULATION TO BE SER¥"ED: 100 NOV 2 4 1998 APPLICATrON FOR PUBLIC [fEARING FOR CONDITION'AL USE - PAGE 12 OF ! 5 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK [/-{(~tO}rjq ~ A~GED.~LY ~~ ~O+ PRO OSI 'g TO CO 5tCttO COLLIER GION WATER SYSTEM, PLEBE PRO,DE TIlE DATE SER~CE IS EXPECTED TO BE ~QU~D: ~u17 1, 1999 10. NA~TI~ STATEMENT: Provide a brief ~d concise n~ative statement ~d schematic &awing of sewage treatment process to be used ~ well ~ a specific smtem~t reg~ding ~e me,od of effluent and sludge disposal. If percolation ponds ~e to be used, then percolation data ~d soil involved shall be prodded from tests pr~ed md ce~fied by a professional en~neer. The new detenticn facility sewage ~ea~nt s~ll ~ ~_~l~ccF~t~n tg ~e ~stino cove~nt c~t~ ...... ~., ~e at~c~es sl~e oI~ ',;i~ n~6~A~ ~.~ ..... ~. se~ lines. I l. COLLIER COUN~UTILI~ gR~I'dX~fOA*~XTES~NT: If the pro3~ct is located wit~n ~c seduces bound~es of Collier Co~'s utili~ s~c~ system, ~en no~ed s:atement sh~l be provided a~eeing to dedicate to Collier Coun~ Utilities ~e water dis~Hbution ~d sewage collection facilities %~n ~e pro3ect ~ea upon completion of~e constraclion or,ese facilities in accord~c~ %~lh all applicable Count}, ordinates ~ effect at ~e a~ time. ~s statement shall also ~clude ~ a~eement ~at the applicable system d~vdopm~nt ch~ges ~d co~cction fees will be paid to the Coun~ Utilities Di~sion prior to [h~ issu~ce of building pe~i~s by ~e Co~. If applicable, the statement shall cont~ shall con~n ~ a~ment to dedicate the appropriate utility e~emen~s for s~g ~e water ~d sewer systems. ~ at~ch~ s~t~nt. 12. STATER~ OF AV~LABILI~' C~ACI~ ~OM OTHER PRO~E~: Unless waived or othemvise provided for at ~e pre-application meeting, if the project is to receive se~er or po~bIe water se~ices ~om ~y pro~der other th~ the Co~ty, a statement from ~at provider indicating ~at there is adequate capaci~ to se~e ~e project shall be provided. N/A Utility Pro*hion S~m:~men: ~I 10/17/97 NOV 2 4 19 APPLIC.~TIOX FOR Pt'BLIC IIE.~,RING FOR CO,.DiTION.,L t. SE.6.,~t Pg' '~ / PAGE I3 OF 15 U'e/7, D. Ka.rl Roberts being first duly sworn, depose and say that we/l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Welt understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Count, printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ,,Is property o~vner l?e/l further authorize ark_itex 2 to act as our/my representative in any matters regarding this Petition. Sigwature of Property Oc, vner Signature of Propert), Owner Typed or Printed ~Vame of Owner. Typed or Printed Name of Owner The~f~oregoing instrum_~nt was acknowtedged be£or,, '1 ~ ~ ident~cation. State o/Florida '~ (Si~tature of ~ta~. Public - State of Coun (v of Collier Floridc) '~:~,~t..' :'~' co~.~ss}o~, cc~ ~,.~s (Print. T~pe, or Stamp Commk ,,o,,c~[,i~/~~ NOV 2 4 1998 ~CATI0~' FOR PUBLIC lie ARING FQB CO~DITIO~'AL t'8~ · {'0~ I 2.2.1;-.3 CF TEE C22L:£.~ C~'J::T':' LA~;L' CE','ELC.:XE::T ~2 .................... : ........ r.? '2:zr~s.~:t;., be:n: the duly 2~ aFFc,:r.:ed ~r.: --:..-,s%i:u:e~ .~,=..n,ng ~c~rC f~r ;ne area hereby ~..ecte~, has h~ld a ~u~ilc hearln~ after ,',o~e as :n said 27 regulations made an~ pr:video, and has considered the advisability of 28 Conciticna! Use "3" of Section 2.2.1~.3 in a "P" Public Use Zone for 30 a.-.z nas ~ounC as a .'..at'-- of fa:'. Exhltlt "A") that sa~,s,acto.y 31 S:c'.-;s:=:, an-/ arrangement ha';e been r. ade csncernin.~ all applicable 32m~- --_=r.~ requ;r~z_ g~' sa~ re=':la:icns, and in accordan_~e with 33 Sutsectt.-n 2.7.4.4 cf ~.'.e Lan= 5evelcpment Code for the Collier 3~ Coun:y ?lannln~ Ccrmlsslsn; and · .n. ..... e. ~art:es na:,e t. een c ..... opportunity tc 36 Le nears by -h'.~ Bcarz in a .. .... r assembled an~ the Board 37 ~ ........ icere~ tiers cre 38 ::OW, ?HEREFCS. E BE 17 PESOL'.'ED, BY THE BOARD CF ZONING APPEALS of 39 Collier Count,;', F;orida NOV 2, 4:1998 reference 7 n~ ar.z %r.e =~'~- '~ heres~ .... ~'-~- ~-' ~'~'~''~ ' 'Yse "~" of Section 8 2.2.15.3 zf tn= .... "~" ~"~ii~ Use .................... asrcr.z2nze wztL 2r.e Ccncep%ual t.[aster Plan i9 2,~ ~OAF.~ CF ZC~;i:;~ APPEALS 23 2.~ 5A~SAEA 5. 55F. F.Y, C~,airman 25 26 ATTEST: 27 DWIGHT E. ~KOCK, Cle:k 29 30 35 Ass:s:a:.: C;unLy~......,.' ..... ~,./ 37 38 ~: FAC.- BY ~ '' iE.=. ~u~: ........ ~ A CO~iii..~ USE PETITION /he =":'owing f_ - found: .... :C~S are ' · Section 2.2.18.2.2 of the Land Development Code authorized the c~ndisional 'use. 2. Sran:=nc_ the condi',onai.' use wll!' no= adversely affect the ~ .... lc interest and will no: adversely affect other property or uses in the same distrlc: or neighborhood because of: A Consistency wlth the Land ~ ~ · . --v--opmen~ Code and Growth Management Plan: B. Ingress and egress to 'property and proposed structures thereon wi~h particular reference ~o autcmoti-;e and pedestrian safety and convenience, traffic flow and ccntrci, and access in case of fire or catastrophe: Ad_crua~e ingress &e~ress Yes -~ No C. Affects neighboring properties in relation to noise, g~re, 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 district Yes No Based on the above findings, this conditional use should, with sti~uiati~ns,._igopy attached)(should not)be recom~or approval f/CU-98-19 Fi:,"DI:;GCF FACT Exhibit A CU-98-19 NOV g ,1 1998 LAND DESCRIPTION OF PARCEL "A" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNff'Y, FLORIDA. BEDqG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH'WEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NOR'HI 00° 18'50" WEST 2162,78 FEET, THENCE LEAVING SAID WESTERLY LINE OF SAiD SF. CTION 12, NORTH 89'41'I0" EAST 654.12 FEET TO A SOLFI'HWESTERLY COKNE2~ OF TI-lOSE LANDS AS DESCKIBED tN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG TIlE SOUT}IEKLY LINE OF SAID LANDS NORTH 87°07'17'' EAST 41.92 FE~T TO TIlE POLNT OF BEGINNING OF THE PARCEL }IEKEIN BEING DESCRIBED; THENCE CON~ ALONG SAID SOUTI-rERLY LINE OF SAID LAMDS NOR'IT! 87°07'17'' EAST 132.16 FEET; T'ttENCE LEAYLN'G SA.ID SOI.FTI[ERLY LI2N'E OF SAID LANDS NORTH 42" 11'51" FAST 182.69 FEET; THENCE NORTH 89°41'10.. EAST 252.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET, THENCE EASTERLY, NORTItEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULA~ CURVE, THROUGH A CENTRAL ANGLE OF 123°57'05' AN ARC DISTANCE OF 2g.12 FEET (CHORD BEARING AND DISTANCE NORTH 27'42'38" EAST) TO A ?Ol~l'l' OF TANGENCY; THENCE NORTH 34' 15'55" WEST 59223 FEET TO THE BEGINNING OF A C[R~ CURVE CONCAVE SOUTHWES~Y AND HAVING A RADIUS OF 117.00 F'F~T, THENCE NORTHWESTERLY AND WESTEKI.,Y ALONG THE ARC OF SAID CIR~ CURVE THROUGH A CEN'I3L~ PuNGLE OF 56'03'00" AN ARC DISTANCE OF 114.46 FEET (CHORD BEARINO AND DISTANCE NORTH 62 ° 1 T25" WEST) TO A POINT OF TANGENCY; THENCE SOUTH 89°41'06'' WEST 288.26 FEET TO TIlE BEGINNING OF A CIRCULA.R CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 103.00 FEET (CHORD BEARING AND DISTANCE SOUTH 44'0T28" WEST), T'HEAICE WESTERLY, SOUTHWES~RLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CU'RVE TI{ROUGH A CENTRAL ANGLE OF 91 '07'15" AN AKC DISTANCE OF 163.81 FEET (CHORD BEAKING AND DISTANCE SOUTH 44°07'28" WEST) TO A POINT OF TANOENCY; THENCE SOUTH 01'26'10" EAST 156.64 FEET TO THE POINT OF BEGg'qNING OF THE PARCE. L HEREIN DESC1LIBED; CONTAINING 1.92 ACRES OF LAND MORE OR LESS; .o ~ SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. NOV 2 4 1998 Exhi ki't B CU-98- 19 P9. ~.-.---- LAND DESCRIPTION OF PARCEL ALL THAT PART OF A PAKCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MOPE PARTICULARLY DESCKIBED AS FOLLOWS: COMMENCING AT THE SOUTHXVEST COKNEK OF SAID SECTION 12; THENCE ALONG TIlE WESTERLY LINE OF SAID SECTION 12, NORTH 00° 18'$0" WEST 2162.78 FEET, 'I'HL~CE LEAVING SAID WESTERLY LINE OF SAID SECTION ! 2, NORTH g9°41'10" EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DF-~CKIBED IN OFFICIAL P~COKD BOOK 994, AT PAGE 234; THENCE ALONG THE WESTEKLY LINE OF SAID LANDS NORTH 00' 18'50" WEST 231.23 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL HEt~rN BEING DESCRIBED; THENCE CONTINUE ALONG SAID WESTERLY LINE NORTH 00°18'50" WEST 112.23 FEET, THENCE ALONG THE NORTHERLY LINE OF SAID LANDS NORTH 89°41"I0'' EAST 49! .90 FEET, THENCE LEAVING SAID NORTHERLY LINE OF SAID LANDS SOUTH 00 ° I g'$0" EAST $1.57 P'EI~ TO AN INTERSEC~ON WITH THE ARC OF A NON- YANGENT CIRCUL.~R. CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 22°44'05" WEST 158.00 FEET, THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAJ.. ANGLE OF 23 °02'59" AN ARC DISTANCE OF 63.56 FEET(CHORD BEARING AND DISTANCE NORTH 7g °4T25" WEST 63.13 FEET) TO A POINT OF TANGENCY, THENCE SOUTH 1~9°4 I'06' WEST 301.57 FEET TO THE BEOEqNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 130,9~ FEET, THENCE WESTERi,¥, SoLrrHWESTERLY AND SOnY ALONG THE ARC OF SAID CIRCULAR CURVE THROUOH A CENTRAL ANGLE OF 65°,19'23" AN ARC DISTANCE OF 150.44 FEET(CHORD BEAK[NO AND DISTANCE SOUTH 56°4F24" WEST 142.30 FEET) TO AN INTEKSECq'ION WITH A RADIAL LINE; THI~CE LEAVING THE ARC OF SAID CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH 66°0g'17'' WEST 9,88 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.52 ACRES OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECOPY. Exhibit B CU-98-19 - NOV 2 4 199 AGE. i NOV 2 4 1998 Exhibit D Subject to the following conditions: I. The landscape buffer along the northern boundary ofthe site shall be a Type C, 20-foot- wide, opaque within one year, landscape buffer v,'it~ a six-foot '.','all, hedge, fence or berm, or combination thereof and two staggered rows oftrees spaced no more than 30 feet on center. NO¥ 2 4 1998 EXECUTIVE SUMMARY ACCEPT CONVEYANCE OF EASEMENTS FOR TIlE PLACEMENT OF A LIFT STATION AND INSTALLATION OF SANITARY SEWER LINES. QI~J.t~: That the Board of County Commissioners as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water-Sewer District accept Easements for the installation of a lift station and Temporary Construction Easements from all property owners for the purpose of installing sanitary sewer lines, sewer hook-ups and collapse existing septic tanks in reference to Community Development Block Grant for infrastructure improvements to Shellabarger Park Jn lmmokalee (Grant # 97-DB-3K-09-21-01-N03). CONSIDERATIOn: In December, 1995, the Board of County Commissioners approved Resolution No. 95-692, to authorize the submission of an application to the Florida Department of Community Affairs (DCA) for a Small Cities Community Development Block Grant under the Neighborhood Revitalization category. The original plan was for Robert and Ervene Shellabarger to facilitate conveyance to DCA under a blanket quit-claim deed. However, research indicated thc majority of parcels have been conveyed by Robert and Ervene Shellabarger to individual owners via Warranty Deed/AgTeement for Deed or by Indenture. As a result, Temporary Construction Easements are being requested from all affected property owners. All Easements shall be by donation only. The project will improve the sanitation of Shellabarger Park by removing the use of septic tanks and replacing them with a more modem sewage disposal system. The project will also improve drainage conditions, which presently threaten the health and safety of the residents of Shellabarger Park, by installing an adequate roadway with improved drainage system. Upon completion of construction, the property owners shall be responsible for maintenance of the utility facilities. A lift station will be situated directly on the boundary lot line of two separate parcels. Parcel #229 will house one third (1/3) of thc lift station. Thc Easement for this parcel will be conveyed to Collier County via donation by Robert and Ervcnc Shcllabarger. The remaining two thirds of the lift station will be located on parcel #230 owned by Felix Munoz. This Easement will require monetary compensation in the amount of Seven Hundred and Forty Three Dollars and Zero Cents ($743.00). The County's Review Appraiser has determined that the value of the compensation requested is justified. The legal documents have been reviewed and approved by the County Attorney and are legally sufficient fi~r acceptance by the Board. FISCAL ~I~: Staff estimates that the cost of recordation of all related documents are not to exceed $700 and are provided for in the 98/99 operating budget. In addition, payment for the one Easement needed for a lift station shall be $743 plus costs of recording and title work not to exceed $200 for a total expense of $943. Expenses not to exceed a grand total of $1,643 shall be provided by the Community Development Block Grant: FUND: 121 Urban Improvements Grants COST CENTER: 138755 Community Block Development Grants OBJECT CODE: 631550 Construction Management Fees PROJECT NUMBER: 33020 CDBG- Shellabarger Park AGE A T NOV 2,1 1998 GROWTtt /~IANAGEMENT IMPAC~F: ]'he subject property is located in thc lmmokalce area where an expansion of urban services arc permitted, pursuant to Objective III.2 of the lmmokalec Area Master Plan. The conveyances are consistent with Ibc Collier County Growth Management Plan. I?~COMMENDATIONS: That thc Board of County Commissioners as the Governing Body of Collier County and as Iix-Officio the Governing Board of the Collier County Water-Sewer District: 1. Accept the Easement granted by Robert and Ervcne Shellabarger required for the lift station, which has been donated to Collier County; 2. Accept the Easement granted by Felix Munoz to Collier County also required for the lift station and in doing so approve and authorize the Chairman to execute the Easement Agreement when submitted. Approve compensation in the amount of $737.40 ($743.00 less costs of documentary stamps), and hereby waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes and authorize staff to prepare related vouchers and Warrants for payment; 3. Approve and accept any and all project related Temporary Construction Easements granted by their respective property owners, which have been or shall be conveyed to Collier County by donation only; 4. Authorize staff to proceed with related real estate closing transactions and to record with the Clerk of Court any and all easements and appropriate documents to clear title in the Public Records of Collier County. T~ni 3,. i"7,~lott, S~nior ~pcci~li~, P, cal Property Management Department REVIEWED B [ on I (a~k, Ma~agc~, ltousing ~3~ban Improvement Greg tc, irector. ousing/ d rban Improvement /Vincent A. Cautcro, Administrator, Community Development & Environmental Services AGEHDA I~TF_M ~o- ~,(-~ I 2 4 1998 EXECUTIVE SUMMARY' PETITION NO. CU 96-16E, DR. NENO J. SPAGNA REPRESENTING APOSTOLIC ASSEMBLY OF FAITH IN CHRIST JESUS REQUESTING SECOND EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE "E" ESTATES ZONING DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF SAN MARCO BOULEVARD APPROXIMATELY ONE MILE NORTH OF RADIO ROAD. OBJECTIVE; The petitioner seeks to extend the date by which a conditional use was first approved for a church in an "E" Estates zoning district. This is the second extension request. The Collier County Land Development Code provides for a maximum of three (3) one year extensions to conditional uses. CONSIDERATIONS; The approved development order Resolution 96-513 remains consistent with all elements of the GMP and in particular the Future Land Use element which provides for churches as conditional uses in all residential districts. Correspondence from the owners' agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church, as represented by correspondence from the agent for this church, a copy of which is included with this executive summary. [::_LS_C A L IMPACT: None. GROWTH MANAGEMENT IMPACT; None. HIStORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION: That the Board of Zoning Appeals grants a one year extension to CU-96-16 in accordance with the attached Resolution and Exhibits thereto. AGENC~A NOV g 1998 1 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R ,EA/IEWF. D BY: NALI~ F; NiN~ AICP, MANAGER - CURRENT PLANNING SECTION DATE F~OBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: / I'"'~"? "' (-~ ' ,:~,,-"-~'%C' A~-~,]-- ¢~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGENDA ITI~M -- NOV ~ ,~ 1998 e RESOLUTION 98- 5 REL,%Ti:;S iQ PETITION NO. CU-96-!6 FOR 6 EXTE:.;SiC:; ~-- ~" .... ~. ~O.~Di.IO.,A~ USE OF PROPERTY 7 HEREINAFTER DESCRIBED IN COLLIER COb~;TY, S FLORIDA 9 ]0 WHEREAS, %he Legls!ature of the Sta=e of Florida in Chapzer 125, I1 Florida iza~utes, has conferred on all Coun=ies in Florida zhe power %o i2 estahi:sh, cccrdlnate and enforce zcnlng and such business regular:ohs 13 as are nesessar7 ~cr the 9rc%eczion of =he public; and ~ WHEREAS, the ~cun%y pursuant %hereto has adopted a Land 2'e-.'elopmen% ...... a .... 91-i02; which establishes com~rehens:v~ zcnlnu :6 r-~ula'lcns.. .... for 'k~ .~o-:nu.. . o'. ~ar%icular dlvisions of the County, ~? whlch ~s Lbo grantln~ and exsendin~ the time perlcd of Ccndl:lonal Uses; !9 WHEREAS, on :;~'.'er~er '2, 1996, ~he Board of Zonin~ Appeals enac~e~ 20 Resclut~cn Nc. ~-512, at%ached hereto and incorporated hereln, which nran~el a conditional use uursuan~ ~c C. rd~nanre Nc. 91-'C2, :~r a church and church related fac:ilt:es, on the below descrlbed 9roper~y; anl 23 WHEREAS, on Crtcner 14, 1997, the Beard cf Zonlng Appeals enacte~ 2~ Res.?iut~cn No. ~7-395, a.ta_n_d here,s an~ Incorporated ~-~I-~, wh:ch 2~ ~ranted a one <i; yesr extension to ~he Provisional Use granted in 26 Resolution No 96-5~' 27 WHEREAS, Subsectlcn 2.7.4.5 of the Land Development Code ~rovldes 2S fha% the Board cf Zoning Appeals may extend ~he one (1) year time period 29 for a ccndlt:onal use wt.:ch has not been comr. enced; 30 NCW, THEKEFCRE BE iT RESOLVED, by the Board of Zoning Appeals cf 3~ Ccil~er Count':', Fi9rlda tha~: 32 T~ .....writ%en ~uu,~s=. . cf Dr. Neno J. Spagna, Preslden= of Florida 33 Urban 'nsiitute, inc., represen%ing ADos%olio Asserbiy cf Fa=th in 3~ Chris% Jesus for the second of three (3) permltted one (i) year 35 extensions, in inheres= cf =he foiiowln~ described proper%y: 36 37 The Nor=h M cf the Southeast K cf ~he Southwes= ~ of 38 Northeast ~ of Section 31, Township 49 Sou%h, Range 26 East, less =he west 30 reset;ed for righ.-o,-way and utl!l=ies, Coii~e Count }., Florida. NOV 3 is hereby approved pursuant co Subsection 2.7.4.5 of the Land 4 Development Code (Ordinance No. 91-102), and the expiration date for ~ Resolution ~:~o 96-513, attached hereto and incorporated herein as 6 Exhibit "B", an~ al! conditions applicable thereto, is hereby extended 7 for one a~i%icnai year until !:ovem~f 12, 1999. S BE iT FURTHER RESOLVED that this Resolution be recorded in the 9 minutes of this Board and in the records of the Petition for which the [0 extension ~s granted. 11 This Resolution adopte~ after motion, second and majority vote. 12 Done th:$ day of , 1998. I~ BOARD OF ZONING APPEALS 15 COLLIER COU~TY, FLORIDA ]6 17 1~ BY: 19 BARBAP~A B. BERRY, 21 ATTEST: 22 DWIGHT E. 5EL~K, CLEAR 23 27 APPROVED AS T~ FSi.: AJ;D LEGAL SUFFICiEnTlY: 29 31 M~,~JO~iE M. S.-UDE~iT 32 ASSiSTADgT CObD:TY ATTO.~;EY 33 NOV 2 4.1998 3850 27th Avenue S.W. Naples. Florida 33964 Te: ~13)455.2168 ( )ctobcr 12. 1998 Mr. Ronald F. Nino. AICI'. ('urrent Planning .Xlanagcr 2800 North Horseshoe l)rivc Naples. tqofida 34104 Re: F. xtcn.sion of Petition Number CU-96-16. Apostolic Assembly of thc Faith of Christ Jesus I)car Mr. Nino: I am writing this letter in behalf v,f the Apostolic Assembly of Ibc Faith in (;hfist Jesus to request a one year extension of thc above Conditional Usc which cxpircs on November 12. 1998. Thc construction of the proposed church has been delayed due to Ibc lacl that thc grol~lh of thc conp'cgafion has not proceeded as rapidly &s o~ally anticipatc(l and commcnccmcm of consn~cfim] ha.< been delayed accordin~y. II is thc hope of thc crm~j'cgation that thc Board ~511 sec fit to extend this Conditional Usc in orclcr that thc conprc~atim~ ~x ill h:wc adclitional time to commence conslmcthm of thc approved church t~ciIi(x'. Thank you for your c~msidcration of this request. Sincerely. ' Ne,,, J. For the P¢fili(mer ('oi')3': P,asmr .\l,,'m,~ I'.O. Box 9638 Naples. Florida .t3941-96.t8 Cecilia Marlin. l'lannin,g 'l',zchnici;m l£nc. $175.00 check .': ~';~'~.i.. tot liling fcc. CU 96 NOV 2 1998 church ~n: church rela:ez .=...l=::es, =n the ~eicw descrlteZ prc~erty; Ceil:er Ccur.~y, Ficr~ca ~r.~: :nterest s~ tr.e ' The,.c" .... -'~ % c,~ t~.e .~cutheast h of tt, e ,~c .... .... ~.~es~- -. cf tr, e Easc, less the west 5C' reserved f:r r:ght-cf-way anc NOV ~ 4 1998OCT 1~ -~S P~*o~u''o- -~---~- fie: ~c~:~n, ~econ~ ~n~ ma;otis-/ vote. Lone th:s ~ay cf , 1997. T2LLiER ~ ....... / ........ FLOP:ZA · .u~,,.v..., Cn&~:man A??£~?: "o ..~ NOV £ 4 1998 pg. ~ ........ . OCT 1,1 71' : ~r ~ '.t~.N~}{ ;,~;D ,CHURCH ~ELATED FACiL:TiES PURSUA:;T TO ~ ...... l' .'~ ....... ~.'~ u~STRICT C~U,.TF LA~;D ~E';ELCPMENT C~DE FOR PROPERTY LOCATED iN SEtTler; 2[, T~W::$Hip 49 SOUTH, P~;GE 16 EAST, U~LLiER CCU:;Ty, ~LCRIDA. WHEREAS, ~he Leglsla:ure cf t~.e £~ate cf Florlda ~n Chapter <7-1246 La~s ~. Florida, and ........ ida Statutes, has conferred on Collier county the s:wer ~: estabilsn, coordinate and enforce zoning and ~uc~ zu~lnezs r~7.~a:::ns as are necessary for the ~.-.nance wclzn -nciu~es a Comprehensive 2cnlng etd!hence establishing re?~iailsns f~r the zoning of particular ....... :, a~:n? ~'nlcn is %he granting of 6-HEREAS, ~he Col'let C:unty Plann:n~ C:mz~isslcn, ~eing the duly a~po~nted and constituted p!ann:n? ~&ard f~r t~e area hereby affected, ha~ held a public ~earlng after n:ti=o as ;n sa:~ regular:ohs made and Cectlcn 2.2.3.2. ~n an '°E" :one f:r ~ :~urc~ an~ church related facilities cn :he propers.:, herelnaf:er descriZed, and has found as a mat%er cf fact ~E×niblt "A") that = -.s.actcr'! prc'zisicn and arrangement have been made concernin~ al! applicable matters required by said regulacions an~ :n accordance with Su~sectlon 2.7.4.4 of the Land Cevelopment Code - the ..... er C:unty Plann:ng Crmmissicn; and WHEREAS, all :nterested parties ~ave ~een given c~pcrtunity to be heard by ~his Board in a public meeting assembled and the Board having :;OW, THEREFORE BE iT RESOLVED, BY THE BOARD CF ZONING APPEALS of Collier County, Florida that: The petition filed by Dr. ::eno Spagna cf Florida Urban Institu respect to the property here fter ~escribed as: ' ' ~' ' the ~;ortneaet :14 ~ Sect:ch il, To'~nsn:p 49 South, Range 26 East, less the vest 33' reserved f=r r:gnt-of-way and uttllties, Collier County, Florida. ~e and the na~e 1~ herony appr~.y,?) for C~nd~t;Cnal Use "I" of Section 2.2.3,], of t~e "E" zoning rJ~StrlCt ~or a c~urc~ and church related .... es in accordance ~ith the Conceptual :{aster Plan (Exhibit "C") and subject to the following conditions: a. The Planning & Tecnnica! Services Manager may approve minor changes in the i=cat:on, s~ting, or height of buildings, structures, and improvements authorized by the conditional use. E~pansion of the uses identified and approved within t~:~ conditional use application, or ma]or changes to the site plan submitted as part of this applioation, snell regulre the submittal of a new conditional use application, and shall comply ~ith all applioable County ordinances in effect at the time of submittal, including $1v~sion 2.3, Site Development Plan Revle~ and Approval cf the Collier C:unty Land ~exelopmont C:de (Crdlnance I;o. ~-102). b. Prior to,any approval cf a Site ~evelcpment Plan, the East Naples Fire C~ntroi and Rescue District shall convey their apprc./a! :- fire ' suppression methods. c. Subsequent required development approvals shall be sub]eot ~o all applicable Land Development Code requirements. d. Whenever Collier Count.., decides to install traffic signals at the intorso~t:cn of San Marcos Boulevard With Radio Road, t~e church snell be responsible for paying its fair share of tho prorated c:sts of the traffic signmls. e. The maximum number of seats to ~e allowed in the "Sanctuary,, snell no% exceed C~rss hundred (300) seats. BE iT FURTHER RESOLVED that th:s Resolution be recorded in the minutes of this Board. Commissioner _ Cons:shrine offered the foregoing Resolution and moved for ~ts adoption, seconded by Commissioner ~c'zf, and upon roll call, the vote was: AYES: Commissioner Cons=an=ins, Comm£ssione~ Mac'Kle, Comm~ssioner ::orris NAYS: Commissions- Hancock No /AW/_)~ ABSENT ~;D NOT VOTING: ^~STE~TZO,,: NOV Z 4 1998 ~OARD GF ZCNING Ai~P£AL$ COLL~ ~GUN~ZDA A~EST: ~ 'C. NORRIS, CHAI~N ~WIGHT ~. BROCK;'CLERK ~.OVED AS TO~FO~ A:ID LEGAL SUFFICI gNCY: ASSZSTm~T COUNTY A~ORNEY NOV 2 4 P,q. ............ - ........ " ............................. II ................ II I FINDING OF FACT BY COLLIER, CO~;Ty PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION ~;O. CU-96-16 The following facts are found: 1.Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the publi'c interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management..~': 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 &~ress Yes b/ No ~-: C. Affects neighboring properties in relation to , glare, economic or odor effects: No affect or Affect mitigated by Affec~ canno~ be mitigated ' D. Compatibility with adjacent properties and other property in the district: Compatible use within dis/ici Yes No Based on the above findings, this conditiona~e shou with stipulations, (copy attached) (should be ld, reco~ended for approval · ~--'/ / FINDING OF FA~ M~ER/~817~ AOE~ ~"~ ~ AG~DA ITEM FINDING OF FACT BY COLLIER COUT;TY PLA3~NING COM~ISSION ' FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-i6 The following~ facts are found: ; 1.Section 2.2.3.3.1. of the Land Development Code authorized 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 '~ith the Land Development Code and Growth Management 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 ca. tastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to no~e, glare, economic or odor effects: No affect or Affect mitigated by Affect canno~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dj;strict Yes No _%/ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommendmd for approval -------' ? / - FINDING OF FACT MEMBER/18171 · AGENDA ITEM .__ , . FINDING OF FACT BY COLLIER COU~;Ty PLA~;ING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-16 The following[ facts are found: 1.Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. 2. Granting the Conditional use ~ill not adv~sely affect the public interest and 'will no~ adversely affect other property .or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Hanage~~: []. ingro~s and egrouu to [~roperty and proposod structures thereon with particular reference to automotive and pedestrian safeuy and convenience, traffic flow and control, and access in case of fire or catastrophe: Ade~ate ing~gre ss C. Affects neighboring properties in relatio no . n to n~~i economlc or odor effect: ~ ~,u~_c= or Affect m' ' ~ ~ecn canno~ be mitigated D. Compatibility with adjacent properti~ and other property in the district: Compatible use Yes wi~rict Based on the above findings, this ~~ ~ stipu]ationm. (c~y att~che~~id notre ....... ' reco~ended for approval ~ DATE /~, ~ -' / MEMBER FINDING OF FA~ M~ER/18171 AGE~O~I~E~ NOV 2 4 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-16 The followingS facts are found: ; 1.Section 2.2.3.3.1. of the Land Development Code authorized the conditional use. 2. Granting'the conditional use will not adversely affect the public interesg and will not adversely affect other property ,or uses in the same district or neighborhood because of: A. Consistency with the La~d Development Code and Growth Management Pl~ Yes ~No rngr~m~ nnd ogro~ ~o property and propo~od structures thereon with parzicular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of ~l~e or catastrophe: Adequate ingress & ~g~s Yes _ ~ No C. Affect~ neighboring properties in relation hold. glare, economic or odor effecgs: ~ _ No affect or Affect mitigated by ~ Affect cannot be mitigated ' D. Compatibility with adjacent properties and pther property in the district: Compatible use within d~ct Yes No Based on the above findings, this conditional use ~ ~i~u!-~ ~,. reco~ended for approval =tt=~aed)(sh~~ot) AG E NO~,~U. No /~ ~/~ NOV 4 1998 FINDING OF FACT BY COLLIER COUT~TY PLA3~;ING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-16 The following~ facts are found: 1.Section 2.2.3.3.1. of the Land Development Code authorized 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 with the Land Development Code and Growth Managemenr~Plan: Yes 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 fire or catastrophe: in case of Adequate ingress &~ egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _~o affect or Affect mitigated by _ Affect c~nnO~ be mitigated D. Compatibility with adjacent properties and .other property in the district~ Compatible use withi~district Based on the above findings, this' conditional use should, with stipulations, (copy attache~) (should not) be recommended for ~ EXECUTIVE SUMMARY REQUEST TO EXTEND THE TERM OF GEORGE H. I{ERMANSON TO SERVE ON THE ENVIRONMENTAL ADVISORY BOARD UNTIL TIlE SUCCESSOR ENVIRONMENTAL BOARD IS CREATED. OBJECTIVE: To extend the term of George H. Hermanson to serve on the Environmental Advisory Board until the successor environmental board is created to ensure a quorum for meeting of the Environmental Advisory Board during said period. CONSIDERATIONS: 7'he Environmental Advisory Board (EAB) consists of seven members whose function is to act in an advisory capacity to the Board of County Commissioners in matters dealing with the review and evaluation of specific zoning and development petitions. On August 4, 1998, the Board of County Commissioners approved staWs recommendation to consolidate the Environmental Advisory Board and the Environmental Policy Technical Advisory Board into a single board. The consolidation of these environmental advisory boards is planned with the current Land Development Code amendment cycle which should be completed in December, I998. Positions for the new advisory board will most likely be filled in February or March, after the positions are advertised. The term of George H. Hermanson expired on September 30, 1998, and there has been two resignations thereby creating a total of three vacancies on the Environmental Advisory Board. With only four members remaining, quorum problems have occurred. FISCAl., IMPACT: Nonc GROWTIt MANAGEMENT IMPACT: None NOV 2 1998 Pg. / PREPARED BY: ~IEWEDB~ ~ '~~ Ih -'~ ~ ~ ~T A. CAUTERO~ AICP~ ADMINISTBTOR COMMUNI~' DEV. AND ENVIRONMENTAL SVCS. NOV ~ 4 ]998 RESOLUTION NO. 98- ) A RESOLUTION TO EXTEND TIIE TEFLM OF '~ GEORGE W. IlEILMANSON TO SERVE ON TIlE 5 ENVIRONMENTAL ADVISORY BOARD UNTIL A 6 SUCCESSOR BOARD IS CREATED. 7 8 's~,q'IEREAS. Ordinance No.' 92-102. as amended, the Collier Coun~ Land Development 9 ('ode. established the Environmental Advisoo' Board and provides that the Advisory Board shall 1O consist of sc:'cn (7) members: and I1 WtIEREAS. the term of George It. llermanson expircd on September 30. 1998, and there 12 bas been t'*o ~'2) res:gnalzons. :ho'cby causmng a total of three (3) vacancies on this Board; and 13 WHEREAS. on August 4. 199:~, the Board of County Commissioners approved statTs la recommendation to consolidate thc Environmental Advisory Board and the Environmental I ~ Policy Technical Advisory Board mm a single board; and 16 WHEREAS, the Environmental Advisor' Board will continue to meet until the successor 1; board ~s created: and I~ WttEREAS, there ma.',' arise scheduhn~ and:or other conflicts which could prevent some of !9 ~he rcmammg four t4) members from a~tendmg thc scheduled meetings, thereby causing a lack of 20 quorum: and :: WtIEREAS. thc term of one t 11 member will need to bc extended in ord.,:r to ensure that O 22 there' will be a quorum for the Environmental Ad;'isory Board u~qtll the Successor board is 2) c:catcd 2-: NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COL,'NTY. FLORIDA. that: 26 1, The Board of Count>' Commissioners her,'by declares that a valid public emergency 27 exists with regard to the potential lack of a quorum for meetings of thc Environment Advisory 25 Board until a successor board is created. 29 2. Thc extension oflhe term o1' 1 members zs nccessar3.' to ensure a quorum for thc meetings 30 or' the Environment AdvisoD, Board during said period. 31 3. The term of the George It. Hermanson ~s hereby extended until the successor board is ~2 created. 33 4 The Board of Count)' Commissioners of Collier Coumy. by unan,mous vote. hereby _la '.~ a~ves the provisions of Section Seven (bi(l) of Ordinance No. 86-41. as amended, relating to a 35 hrni:auon of two consecuuve terms of office. For the purpose of rcappointmem of George H. 36 Hcrmanson to this Committee. 4 1998 Pg' __ ==-- I This Resolution adopled after rnotson, second and majomy vine. 3 DATED: 4 5 ATTEST: BOARD OF COUNTY COMMISSIONEIL$ 6 DWIGHT E. BROCK. Clerk COLLIER COL%'TY. FLORIDA 9 I0 11 By: 12 BARBARA B. BERRY. Chairman 13 15 Approved a~ [o form and 16 legal sufficiency: 18 20 / ~ , , 21 ~'~di F. ~'~hton t_---.... 22 Asa,siam Count)' A~tome), 23 25 EXECUTIVE SUMMARY ADOPT A RESOLUTION AND APPROVE A REAL ESTATE SALES AGREEMENT BETWEEN IMMOKALEE HABITAT FOR HUMANITY, INC., A FLORIDA NON-PROFIT CORPORATION, N/K/A HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., AND COLLIER COUNTY. ~ To obtain the approval of the Board of County Commissioners to adopt a Resolution, and approve a Real Estate Sales Agreement to lmmokalee Habitat for Humanity, Inc., a Florida Non. Profit Corporation, n/lEa Habitat for Humanity of Collier County, Inc. .CONSIDERATION: On March 14, 1996, Madene E. Cornacchia conveyed by Quitclaim Deed to Collier County property known as Block 6, Lot 10, Naples Manor Extension as recorded in Plat Book 3, Page 101 of the Public Records of Collier County, Florida. Upon the Board's acceptance of the donated property, the County incurred costs of $2,425.97 required to payoff outstanding liens against the property. Immokalee Habitat For Humanity, Inc., a Florida Non-Profit Corporation, n/lEa Habitat for Humanity of Collier County, Inc., who promotes public welfare, is desirous o1' owning the property for the purposes of building affordable housing. Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation, n/lEa Habitat for Humanity of Collier County, Inc., has executed a Real Estate Sales Agreement for Block 6, Lot 10, Naples Manor Extension in the amount of $5,000 which is comparable to the assessed value determined by the Collier County Property Appraiser's Office of $5,472. On October 1, 1998, it was determined by contacting all County Division Administrators, Department Directors, and Constitutional Officers, that there was no longer a need for Collier County to own the property known as Block 6, Lot 10, Naples Manor Extension. The County shall transfer via Statutory Deed Block 6, Lot 10, Naples Manor Extension in accordance with that certain Real Estate Sales Agreement which is attached to and made a part thereof. Pursuant to F.S. 125.38, a Resolution has been prepared stating the purpose, price and terms of the sale of this property. No advertisement is required. AOE~DA Ii'EM ,¢ , NOV 2 4, 1998 FISCAL IMPACT: All closing costs shall be borne by the Buyer, Habitat for Humanity, Inc., a Florida Non-Profit Corporation, n/k/a Habitat for Humanity of Collier County, Inc. The $5,000.00 will be deposited in FUND 191, COST CENTER 138785, OBJECT CODE 487350, which will offset the County's initial costs to acquire the property: FUND: 191 COST CENTER: 138785 OBJECT CODE: 884300 GROWTH MANAGEMENT IMPACT: None " BECOMMI~I::~D.~.T. LOj:JL That the Board of County Commissioners; 1. Adopt the attached Resolution; 2. Authorize the Chairman to execute the attached Resolution; 3.Authorize the Chairman to execute the attached Real Estate Sales Agreement; 4. Authorize the Chairman to execute the attached Statutory Deed and and authorize Staff to proceed and record all necessary documents in the Public Records of Collier County, Florida; and 5. Authorize the Chairman to execute any other documents related to this project in order to convey Block 6, Lot 10, Naples Manor Extension to Immokalee Habitat For Humanity, Inc., a Florida Non-Profit Corporation, n/k/a Habitat for Humanity of Collier County, Inc. V'Je~'0&u~d~,-Re.at.'P~o~erty Sp~c~aiis-t'll Real7 'ty Mana'~~ Department REVIEWED BY: / ~/' DATE:, \~\"~/~~ Departmen{ of' ol~in.~ ~, Urban Improvement REVIEWED BY' ~~ -"/~--~ DATE/,/_,/Z "'"G reg'M~, Director Department of Housing & Urban Improvement APPROVED BY ~" DATE.//-/J""2'"~ Vince Cautero, Administrator Community Development and Environmental Services N0V 2 4 1998 I 1 RESOLUTION NO. 98- O 2 RESOLUTION APPROVING A RE.~ L ESTATE SALES AGREEMENT 3 BETWEEN IMMOKALEE HABITAT FOR HUMANITY. INC.. A 4 FLORIDA NON.PROFIT CORPORATION, N/K/A HABITAT FOR 5 HUMANITY OF COLLIER COUNTY, INC. AND COLLIER COUNTY 6 FOR CONVEYANCE OF BLOCK 6. LOT 10. NAPLES MANOR 7 EXTENSlOh~ 8 WHEREAS, on March 14, 1996, Madene E. Comacchia conveyed by 9 Ouitclaim Deed to Collier County, Lot 10, Block 6, Naples Manor Extension, as 10 recorded in Plat Book 3. Page 101, Public Records of Collier County, Florida 11 (the 'Property'). 12 WHEREAS, said deed was recorded in Official Records Book 2158, Page 13 2026 in the Public Records of Colrier County. 14 WHEREAS. Immokalee Habitat For Humanity. Inc., a Flodda Non-Profit 15 Corporation, n/k./a Habitat for Humanity of Collier County, Inc., that promotes 16 public welfare, is desirous of owning the property for the purpose of building O 17 affordable housing. 18 WHEREAS Collier County desires lo convey the property by Statutory 19 Deed to Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation. 20 n./kJa Habitat for Humanity of CoIlier County, Inc.. for the purpose of building 21 affordable housing. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 24 1, In accordance with Section 125.38, Flonda Statutes, the Board of County 25 Commissioner's Board has determined that the property is no longer needed for 26 County purposes and agrees that the property is needed by Immokalee Habitat 27 for Humanity, Inc., a Florida Non-Profit Corporation, rt/k/a Habitat For Humanity 28 of Collier County, Inc., for Ihe purpose of building affordable housing to promote 29 public welfare. 3O NOV 2 4 1998 1 2. The Board has determined it is in the best interest of Collier County to grant 2 to Immckalee Habital for Humanity, inc., a Florida Non-Profit Corporation, n/k/a 3 Habitat lot Humanity of Collier County, Inc., by Statutory Deed the property for 4 the sum of :$5,000.00 which equates to the market value of the property as 5 determined by the Collier County Property Appraiser's assessment. 6 3. The Board does hereby approve the attached Real Estate Sales Agreement. 7 4. The Chairman of th e Board is hereby authorized to execute the attached Real 8 Estate Sales Agreement. 9 This Resolution adopted on this day of ,1998. after r'n~tion, 10 second and majority vote. 11 ATTEST: 12 DWIGHT E, BROCK. Clerk BOARD OF COUNTY COMMISSIONERS 13 OF COLLIER COUNTY, FLORIDA 14 BY: 15 Deputy Clerk I 6 BY: BARBARA B, BERRY, CHAIRMAN 1 7 18 Approved as lo legal form 19 and sufficiency: 21 Heidi F. Ashton 22 Assistant County Attorney 23 24 25 26 27 28 29 t40¥ [ 1998 Pg. PROJEOT: Naples Manor Extension (HUI) FOLIO: 62204480008 REAL ESTATE SALES AGREEMENT THIS AGREEMEI'4T made and enlered inlo this day of _. 19_, by and between COLLIER COUNTY. a 13olitical subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112. hereinafter referred lo as SELLER, and IMMOKALEE HABITAT FOR HUMANITY. INC.. A FLORIDA NON- PROFIT CORPORATION, N/YJA HABITAT FOR HUMANITY OF COLLIER COUNTY. INC., whose mailing address is P.O. Box 1671. Immokalee. FL 34143. hereinafter referred to as BUYER. WHEREAS. SELLER desires to sell, and BUYER desires to purchase, the property described as follows, to wit; Block 6, Lot 10, Naples Manor Extension as recorded in Plat Book 3 Page 101 of the Public Records of Collier County, Florida NOW, THEREFORE, ~n consideration of the recitals, the mutual covenants hereinatter set forth and olher good and valuable consideration, the receipt end sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The real property which is the subject of this Agreement and legally described above', (hereinafter referred to as 'Property"). 2, ~z_~LE and CONVEYANCF SELLER agrees to sell and convey the Prol~erty to BUYER. and BUYER agrees to purchase the Property from SELLER. at the pnce and upon the other terms and con"Jit~ons hereinafter set forth; 3. TITLE Titie to the Premises shall be conveyed to BUYER by Statutory Deed. The Purchase Pnce ('Purchase Price*) for the Premises shall be in the sum of :~' $5,000 (Five Thousand Dollars and no/100), payable by BUYER Io SELLER as follows: A. The sum of $5.000 (Five Thousand Dollars and no/1D0), shall be paid by the BUYER to the SELLER, in cash or certified check, at the time of closing, 5, DLSCLAiMER OF WARRANTIES; 'AS IS* CONVEYANCF A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an 'AS IS' condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on beh alt of Ihe SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or apprc;~riate with respect to the Premises. C, W~thout m any way limiting the preceding paragraphs, BUYER acknowtedges and agrees that it hereby waives, releases and discharges any claim that it has, might have had. or may have against the SELLER with respect to the condition of the Premises. D. Buyer represents and warrants that it has the power and authority to execute. deliver and perform this Agreement. NOV 2 4 1998 6. PRORATIONS AND ADJUSTMENT,~ A, The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the exlent practicable and the monetary adjustment shall be made between SELLER and BUYER. AJI such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that. credit has been g~ven to BUYER at the time of clos,ng. 7. DEFAULT: TERMINATION A If BUYER defaults, SELLER has option !o sue for specific performance and inc~¢enta~ and consequenbal damages or 1o retain deposit as liquidaled damages. B If SELLER defaulls hereunder and such defautl has not been cured within ~h:rt! (30) Cays aher written nobce of Such default to SELLER, and provided BUYER is not ,n default, BUYER may terminate th~s Agreement, whereupon the Deposit shall be prom=ti! relurned Io BUYER and neither party shall have any further liability or o~hgat,on to the other. Notwithstanding anything contained in this Agreement to the control/,, the foregoing shal; be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy, Any and all costs and expenses incurred by SELLER in connection with this Iransact~on (excepting SELLER'S attorneys' fees), including, without limitation. recorCmg fees, conveyance fees, se.~lement fees, closing costs, and transfer. documental./and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. A, BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection w~th transaction, including costs and reasonable attorneys' fees incident thereto. B. This provision shall survive closing. C~osing shall take place during normal business hours at the County Attorney's ONce, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within sixly (60} days after execution of the Real Estate Sales Agreement between BUYER and SELLER. 11, GENERAL PROVI$1ON,~ A, This wdtten Agreement. including all exhibits attached hereto, shall conslitute the entire agreement and understanding of the parties, and there are no olher prior or contemporaneous written or oral agreements, undertakings, promises. warranties or covenants not conlained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the Parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by both parties. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. --2-- .o. I~./~.~ . NOV 2 4. 1998 Pg. ~ D. Time is of the essence of lhis Agreement. In the Computation of any period of time provided for in th;s Agreement or by law, any date falling on a Saturday. Sunday or legal hohday shall be deemed Io refer to Ihe next day which is not a Saturday. Sunday or legal hohda¥. E. In the evenl that any provision of this Agreement shall be unenforceable in whole or m Part, such provision shall be bruited to lhe e~ent necessary to render the same vahd. or shall be excised from this Agreemenl. as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for Convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties herelo, and Iheir respective heirs, executors, personal representatives. successors and assigns, provided, however, that Ibis Agreement may not be assigned by BUYER without the prior express written consent of SELLER. which consent may be withheld for any reason whalsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing to the parties at the addresses set forlh on page 1 and shall be either personally dehvered Io the party or shall be sent by United States malt. postage prepaid. registered or certified mad. Any Such not,ce shall be deemed given and effeclive upon race,pi or refusal of dehvery Ihereof by Ihe primary party Io whom ~t ,s to be sent. I. This Agreement snail be governed and Conslrued in accordance with the laws of the Stale of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signalures of less than all of the part,es, and all of which shall be construed together as but a single instrument. K. in the event of the insbtufion of legal proceedings in connection with the enforcement of this Agreement. the party prevailing therein shall be entitled to recover the COSTS and expenses incurred in connection therewith, including, without hm~tat~on, reasonable attorneys' fees. L Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed brae and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earher dale permitted herein. H. This Agreement ~s between SELLER and BUYER and no other party shall, unCer any c~rcumstances, be 0earned to be a beneficiary of any of the terms and cond~',~ons to be performed ~y SELLER pursuant to this Agreement. O. All of the parties to th,S Agreement have participated fully in the negotiation and preparahon hereof; and. accordingly, this Agreement shall not be more strictly conslrued against any one of the part,es hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any pubhc records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Deposit shall thereupon be re;amed by or paid to SELLER as liquidated damages for such default, and BUYER shall have no fu~her inlerest in the Premises, pursuant to this Agreement or olherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limiled to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in Ihis Agreement, are void, have no efl'ect, and have not been rehed upon by BUYER. NOV 2 4 1998 Pg. IN WITNESS WHEREOF, the pa~lies have caused this Agreement to be executed as of the day and year first above wdtten. AS TO SELLER: DATE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: · Deputy Clerk Barbara B. Berry, Chairman AS TO BUYER: DATE: WITNESSES: Immokalee Habitat for Humanity. Inc. (Printed Name) ~Signature) (Prinled Name) STATE OF -~ COUNTY o~ ~,~ ._Th.e ,Real Estate Sa_l~es Agre. ement was ac. kn. ow_Iedged before me this L~.~. Ic;-.v ,lg:.x~by_~c~r~,~f~[ l.~?7~'~n~;~me),_..~sla~ "'~j~,~,~,~,,~/. (Title) on behalf of Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation. n/k/a Ha b~tat for Humanity of Collier County, Inc., who is personally known Io me or who has produced '~,,,~F"5 ~'~ as identification. (NOTARIAL SEAL) ~ (~. ~/, ~'(YTARY PUBIJ~ (Signal~re) } ~C~ (Pdn~ or Type Name) My Commission Expires: ~;/5/~ J Approved as to and. legal sufficieqcy: Heidi F. Ashton Assisiant Coun~ A~omey AGE~' --4--- Ho NOV 2 4 1998 :~.:,i.' , :~,~i PROJECT: Naples Manor Exlension (HUI) FOLIO: 62204480008 STATUTORY DEED THIS DEED. made Ihis day of . 19 . by COLLIER COUNTY. a political subdivision of the State of Florida. whose mailing address is 3301 Tam;ami Trail Easl, Naples. Florida 34112, (hereinafter called the Grantor), to IMMOKALEE HABITAT FOR HUMANITY, INC., A FLORIDA NON-PROFIT CORPORATION° N/K/A HABITAT FOR HUMANITY OF COLLIER COUNTY. INC., whose post office address is P.O. Box 1671. lmmokalee, FL 34143 (hereinafter called the Grantee). (Whenever used herein the terms 'Grantor' and 'Grantee' include all the parties to Ihis instrumenl and Iheir respective heirs, successors and assigns.) WITI',IESSETH that the Granlor, for and In consideration of tho sum of Ten OoIlars, ($10.00) to it in hand paid by the Grantee, (its heirs and assigns forever) receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the i~ollowing described land lying and being in Collier County, Florida: Block 6, Lot 10. Naples Manor Extension as recorded in Plat Book 3 Page 101 of the Public Records of Collier County, Florida Subject to easements, restrict;ohs, and reservations c)f record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by ils Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By:. , Deputy Clerk Barbara B. Berry, Chairman (OFFICIAL SEAL) Approved as to form and legal sufficiency: Heidi F. Asl~on Assistant County Attorney NOV 2 1998 i ~ Pg-_...~ EXECUTIVE S UMZ4ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF GREY OAKS UNIT TWELVE AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Grey Oaks Unit Twelve. ~ONSIDERATIONS= The Bosrd of County Commissioners on August 4, 1998 approved the final plat of Grey Oaks Unit Twelve with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $278,451.71, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $329,325.65. The developer has provided a Performance Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4,815.35 Fees are based on a construction estimate of $245,726.71 (does not include City of Naples water service) and were paid in June, 1998 and are reflected in the Executive Summary of August 4, 1998. Executive Summary Grey Oaks Unit Twelve Page 2 e GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Grey Oaks Unit Twelve", with the following stipulations: !) Accept the Performance Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recordinc of the final plat of "Grey Oaks Unit Twe 1 ye" 3)Authorlze the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. - PREPARED BY: '1 % % '~%.. -. . · I , / ,r. ,/ / ~ John R. Houidswor~h, Sen~or Engineer Da~e Engineering Review REVIEWED BY: Thomas ~. Kuck, P.E. Engineering Review Nana~er DaCe ~ob~'[ Mulhere AICP AC, .,.~ ' Date' Planning Services Department Director APPROVED BY: /' /~' Vincen~ A. Cauzero, AiCP, A~m~nzs~rasor Dace Community Developmen~ & Environmental Services Community De-/. and Environmental Svcs. DIVISION NO. ~ NOV 2 1998 . , , :~.~ PROJECT LOCATION ~LLAG~ W~D{:uER£ GR['Y OAKS LOCATION MAP .or CONS FRUC I IO, AND 5IAINTENANCE AGREESIENT FOR SUBDIVISION 13iFKOVESIENTS THIS CONSTRUCTION AND MAINT~ANCE AGREEM~ FOR SUBDIVISION IMPROVEMENTS entered into~his ~vof .1998. bc~vccn Grey O~ Development Co~orntion, herdnaftcr referred ~o ~ Dexelop~ , ~d ~e Board of County Commissioners of Colligr Count.',', Flofi&~. hcrdnafier refined to ~ "~e Board". RECITALS' Dc~dopcr has. sm:uhnncously, with the dclixe~' offlfis AgrccmcnL applied for 0~c approval by thc Board ora ccmtin plat ora sub&tision lo be kno~tn ~ Gr~T Oak~ Unit 12 Parcel 9. Dhision 3.2 of d:c Collier County l~d D~elopmcnt C~e requires fl~e Dcxelopcr to post npprephz:e guar~tccs for tl:u co~:~mction of tl:e improvemcn~ required bx said suNhvision regulations, said D~ar:m~ecs to be incoq>ora~cd in a bonded agreement for d:c construction ofd~: required improvements. NOV,'. TI iEREFORE, in c,msidc~ailu~= of fl~c foregoing prcmbcs and mutual coxcna;," hereinafter fo~h. DcvcloFcr mqd the Board do hereby coxcnant and ngr~ ~ foiloxxs: I, Developer ~xill ~=se ~o be constructed: %c pax'ins, drainage, potable xvntcr, ir~gation water. sanitnO' sc',~cr and s~rcct li~fing improvcmcnkg for Grey Oaks Unit 12 Parcel 9 x~Sfl~in twenty-four (24) monO~s fFom the ~qte of' approval of said subdMsion plat. said improvement berci~fier refc~ed m ~ O~e "rzxtuired improvcmenL~" 2. l)c',clopcr here'~'.Zh tenders ~ts subdivision ix'rfom~ce secunD' (ar~ncheff ncrcto m~ Exhibit "A" ~d by reference made a paa hero, fi in rite amount of S 329.325.65 which ~ount rcprk~cnm ~en percent (10%) of thc ~okql comrnc: cos~ to compMe construction plus one hundred percent (100%) of ~te ~timat~ cost complete O~e required improx emen~ at ~e ~te or,tis Agr~¥ment. 2 4 1998 Page 1 of 4 PO . In thc c~cnt o£ d'.:fauh by th~ Developer or /'allure of' the Developer to complete such improvcm.,'nts within fl~c time required by the Land D~vclopmumt C~c, Collicr County, ma~ call upon subdivision pcffom~cc security to insure sari s~acto~' compk~ion office rcquir~ improvements. 4. ~ rcqtfircd improvements shall not b~ considered complete until a ~tcmcnt of subs~tial completion by Dcx eloper s engineer along u ith fl~c final prQcct records have ~2cn fi~mishcd to bc rcxScwcd and approved by fl~c Dcxclopmcnt Se~'ices Director for compli~Cc uiO~ O~c Collier Count.,,' Land Development or b~ no:i~ fin: Dc~clcpcr in v, ri:mg of its rcfi~sa[ lo a?prm'c i:,provcmcnts. 0~rc',vith specifying fl~osc conditions ~d~ich O~e Dc~clop:r must fulfill in order to obtain thc Director's approval of~:e improvement. Hou'cvcr. m no c;cn: shall ~ Development Sca'ices Director rcfi~se preliminn~, approval 05 tee m~provemcnts iffl~ev are m fact ,,~- r~,durcn,cnb of fi;is Agreement 'Ibc l)c~ clup~.r sh:fll n}:fintam all required impro;cmcnts fi~r a minimum pcri~J of one prchminar/arpro~al by fl~: Development So, ices Director After fl~c on: 5car maintcn:mcc D:~ eloper k;~ terminated, thc Developer shalI petition d~e Development Scmccs Director to inspect the rcquir~ imprmcmcnz< 'D~c Devclopmc~:t Scnicc~ D~rccmr or his dcsirgm'e shall inspect Ibc improvcmcn~ ~d. if found to b=' stdl in c,~mpha:~c~ uith thc Coil:er County l.and DcxcloFmcnt C~c ~q r;'flcctcd by final appro,nl by thc Board. thc Boz~rd shzfll rclc~c thc rcmaininu ten percent (I()gg) of the subdivision pcrfom~ancc scctmtv Dcx eloper's responsibility for maintcnm~cc of the rcqtfircd improvcmcnB shall continue unless or until accepts maintcn~cc rcsponsibihry for ~d by d~e County. 7. Six (6) mond~s after d~e execution of dfis Agr~mcnt ~d once ~sSthin ever, six (6) mon~ thereafter d~c Developer may r~ucst d~e Development ScnSces Dircmtor to reduce d~e dollar ~ount of subdMsion pcgommncc security on d~e b~sis of uork completed. Each request for a reduction in ~e doll~ ~ount of~c subdMsion pcgom~ce security shall be accomp~icd by a s=tcment ofsubsmtial c, Page 2 or 4 NOV thc DcvclopcFs engineer together ~dth the project records necessary' for r~'ic'w by a~c Development Se~'icca Director. ~¢ Development Sc~,'iccs Director may grant ~c request for a reduction in fl:z amount of subdi',~sion pc~onn~cc security for d~c improvc~cn~ completed ~ of fl~e ~te of fl:c rcqucst. 8. In dae event fl~e Developer shall fail or neglect to fulfill i~ obligations under ~Js Agr<mcnt, upon ccnification of such ~qilurc the County Administrator may call upon the subdivision pcdo~ce scctmtv to secure sadsfctog. completion, repair ~d maintcn~ce offing required improxcmencs. ~e Board shall Mve ~t to const~ct ~d main~tJn, or cause to be const~ct~ or maintained, pursuit ~o public adve~i~em<nt and receipt ~d accep~mce of bid~, ~e improvcmen~ required hcrcJn. ~c D:vclopcr, m~ principal under subdivision pc~omaancc $ccuNt':'. shall bc habit to pa~ and to Jndcmni$' ~}~ ~'~ard. upon completion of such constmctmn, d~: F:n:fl lo{al co~t to thc [~oard fl~crco~ including, but not hmitcd lo. engineering, legal ~d continficnt c~sc¢, together ~xifl~ ~,v ~magcs. either direct or consequential, v. hkh thc Board may susLqin on account of th~ fmlure of the Developer to fi~lfill all orate provisions of tiffs Agreement. All of thc terms, co~cn:mk~ and conditions herein contained a~ ~nd ~1,:,11 be binding ~c De~ eloper ~d d~e respective successors m~d ~si~s oldie Devdoper. .'i., .ESS WI tEREOF, fl~e Board and fl~e D:~ elo~r haxc cnuszd fl~is Agr<mcn~ to be executed by their duly authori/cd rcgrcscntati~ c~ th:s day of 199S. DEVEI,OPER: S~gncd. Scalcd and Dchvcrcd Gr%' Dak~ Dcvclopmcnt Ccrpo~~ Si~u~.,' ~-J , ~ "' _ ~t: L- Jame~ M Ink Printed or b;cd name t~nted or b~d name ~": ,'-,/.'~ ....... ', ~.~,~ _ ~=_~_~=_~ . Vice-Presider of En~.in~6:z and Con~tn~ction ~inl:d or b'T,:d nnm¢ ATI ESq'. BOARD OF COUNq'Y COMMISSIONERS D;VIGIiT E BROCK. CLERK OF COLLIER COUNTY. FLORID...,t Dcr:a:,' C'i~ r'... C haim~,'m ApFro',cd a.q to l:on'n, and lc:al ' -/,.'-,LL "I " ~/~--, Da; id C. Wci,.z;:l. Esquire Colher Count.,,' Al:om~' COLLIER COU~.;TY LA~FD DEV~LOPM~,~;T CODE PERFOR>IAN'CE BOND Bond # 13643011 KNOW A l,l, PERONS BY Ttl ES E PR £SENTS: that ~.~-~'..Oakg {hereinafter referred to as "C)',,, ncr")and _A~ms es! St.~r. ety..lnsur~oc¢ .Comtxa .ns, aSy2_XW~.Kennedv Bird.. ~5-to Tampa Florida 33612 fhereinafter referred lo as "Sur.,:v,."'.~ are held and firmly bound unto Collier Count,,'. Florida (hereinafter referred to as "Count.',") in the total aggregate sum of :rlu'ec hun__d_Lcd__t't2¢_n?,._nine~lAr_c_c_!?Xrl.tv fi_~ke Dollars ($329.325 0% in Ira.,, f,d mono;' of thc United Slates. for the paymcnl of ',,,It:ch sum ,,,,ell and mil', to Ix: made. v.c brad oursclxc, s. our heirs, c.xcc,tors. ,qdministrators. $11ceessors and assts.:ns, joi~lll,, and'sc~ crall,,. firml.; b} thes. c prc,,cnls c),.xner ar:d S,rctx ar,.. used for singular or ph,ral as the comcxt rc¢lmres Tile CONDITION OF 'I·lll% OBl.lf;A'I ION is such that ~xhercas. the Or, ncr has submictcd for approval by thc Board ccnaln sttbdl~ ~slon plat named ~G..rsxz..(_2,\L%t_.[q!~__lfl.~3,hyJAv.~jsgQt) and that certain subdJx ~;ion shall include specific m~pro~,'cmcnts xxhlch are required by Colher Count,. Ordinances and Resolutions thereinaftcr "l.and f)e',elopmcnt Regulations"). 'This obligation of thc Surcb shall commence on thc date this Bond is executed and shall continue until the date of final acceptance by thc Board of County Commissioners of thc specific improvements described tn thc I and dc,, clc, pmcnt r¢?latic, ns (h'ercinaftcr thc £uaranty pcr~od~ NC)W, THERKFORE. if'thc O,.vncr shall ;x,:!l. tmN and faithfiHly perform rts obhgat~on and d,t~.'~. :n accordance x,.i~h tko i.and l)c',cio~mcnt ~cguiations durm,.g thc established bx the Count}. and thc Or, ncr ~hall satssfv all claims and dcn~ands tact, trod and shall fully indcrnnifv and sa~.c haanl:.'ss tile ('.ountx from a~d against all ce-::s and dama.~cs which it may suffer by reason of O:',ner's failure to d~ so. and shall reimburse a.";d repay the Count,.' all outlay and expense ,.,.hich thc Cotlntx may incur in making good an.,.' default, then th~s obhuatson shall be void. othcr',~isc to remain in full force and et'£¢cL PROVIDED. FURTHER. tha~ thc Surety for value r¢cci',ed hcrcbv. change, extension of time. alteration, addition or deletion to thc p~'oposed specific impro~ cmcnls shall in an~ ~av affect its obhgat~on on this B,ond. and it does hcrcb~ ~a;',c ~otice o£a~ such chan~c, extension of'time, ahcra~mn, addition or deletion to the propc~:d spec;tic ~m,:rosemcnls PROVIDED FL'RTHER. thai it is cxpr;:~sly a~rccd that thc Bond shall be dccmcd amended automaticall~ and immediately. ~ilhouI £ormat and separate amcndmer;s hen.qo, so as to bind thc O~ncr and thc Surct.v Ia tile full and taithf'ul performance in accordance ,,vid~ thc Land Development Regulations thc term "Amendment". ~'hcrevcr used in this Bond. and ~,'hcther rc£crrin~ to this Bond. or olhcr documents shall include any alteration, addition or modification of any character u,'hatsocvcr. ~o NOV g 4 1998 STA~ Florida Hillsborough COL~ ~/oago~ ~c~mc~t w~ ~n0~d~ b~fore =e ~, 2 3 &y of Jul v l~qS, by A r,e :t ccrFo~oa Helsbc is pcnoaaHy ~o~ co m~ or wko u pt~d persont 1 lv known, No. Cher~'l L. Beaird Nora r 7 ~cle or > ''~° N°u~Public Su~eofFIor' ] ., $,~,6 uomm[ss{on No. CC 614f62 ,~ No,AGE~~' a T ..... NOV 23 c~y of July ,1998. cou Co Pre~ (mine of oificc, ct a~c~, d~ of of~c~ or agcuc) o~ G~y O~ D~clop~e~: , a~cv~.a ~orlda (~ar~crpla~of~co~orado=}~ontioa, oa~zlfof~co~andoa~H~ ~o~,o~r who m pr~ , ~'o. STA~ FZorida HZlisborouqh ~ [o<go~ ~cmmcm w~ a&n~ hc~oe~ =c ~ 23 ~yof ~or~ou ~owled~:D. a Ne bra s k a corpoaio~ H,/she is pcnoua~y ~o~ co mc or who u ptM~ pets o~g 1 lv . Cher?.l b. Beaird Nnen ry ~c[~ orriS) ~'OT~Y'S iration Dale: 04'IZ'00 -'-, POWER NUMBER 0000R7705..t document ~s ;~:c~ on ~:~ ~p~ con.ming t~ a~c~a~ ~atcr~kc~ logo ( ~ t~ back ~ ur~:~c~ ~rr~s of ~c Li~cd Po~ o~ A~cy ("~A") arc ~ahd This ~A ~y r~ ~ used in conjunc:i~ ~th any othcr POA. No re~esen~tions cr ~n:ies r:~:dmg lh~s POA ~ay b~ ~a~e by ~ny ~rs~ This ~A is ~o~'~ed b? the h~s of ~e S~te of N~asga a~d is only valid until the KNOW ALL BY THeE PRESENT. t~a: Am'*cs: S~rc:': Insurance Co.ar.:., a Nc~aska c~atton ~ Far Wes: :n/uran;¢ Company, a Nebraska corp~ati~ Stephen A. Murr~ Chery~ L. Beaird Anrlt ~. A~ Employees of AdI~VEST St RETY I~S[RA~CE CO ils :rue ard la., ful A::,.,,r,-,e~,.~n.f-..-:.. ',,,~:h hrr, l:ed ro~,cr ar, d a:.:ho:It.v for at~ off he. If of (he C'ofl~any as suteq, to ex.,~.ute, delner and artist t?c 1Ca ~eal Is rc4mred or, b,~s, '- ~ ..... ,,m:D. r::ogni~anccs, fc;nsura',ce ;~r~: f~ = M~II~ Acl ~ o~cr pcff~ce ~j or othc~ ~Tst~c~ obh~:iu~s m t~c ha:utc Ih~cof All Bonds up 1o :nd, to bind thc co,,'rr.;-,', :kc:e?', 'IU,~; ~;D:,;.',:~¢n: ~ -' ' ,- ' - a~d .... ~...*.. , · , ~ ...,-.': ..... .'. ?.;. au¢:c,n:y o;'-.~c B}.L~%%sof:?.cCo..,a.,:.v, ..... a.c no, tn fia!: I, thc umS.':si~,cd scc:e'~.:/ o[ A.'r',..*s: Sure:'/ lns~'ar,~ Cum?a:',;.. a Ncb~a~:a ~orpora:,on a~ Fat West l.',~,.::--.:.t Co,,'~.~an],, :. Nebraska ccrp, oratlon. DO tIEREB¥ CERTIFY lhat this PGa et Of Arr.'mc'. returns tn ,"u i! forte and eft'cc: and Ea,~ not been tc'.c.,,ed and fu.";Eemc:'c. 1,;'~: :Ye resolutions of Iht. t:loarg of D;r~ctors of both Amu,'est Surely Insurance Compa::': a,':,d Fa' '0,'e < Ins,.;ra.':.:e Corolla.",', se: forth on tnt Pov.~ of Ar:omc',. a=d :?,at :he r¢le,.a.-.: ;'-o',~sions of the R'.-l.a'.,~ or c=:.h c,m;'anv, arc now in full force and cftc;.: ' ' · - No ~' ~ S:.'.zn.~d & ~e.d,¢d :hr, .... 2 ~ ga'. o: I9 -- Karen G. Cohen. Se~ctary ............... RESOI.I'TIO'~S OF TIlE BOARD OF DIRECT(IR5 ................. * .... *, This POA is ..... ,- ' ~ s,t.-eu a,,. s.a,e~ U' ':2:s:,'rJ',c under a,"d by' the a,'.:hon:y of the fol;oa/ng resolutions agop:ed b.'. lee Board of D~rectors of Am'acs: Surety Insurance Company at a m.:etmg dul? held on [)cce~2w': 15. 1075 ar.d Far Wes: Irsuranc¢ Compar.y at a mee:;ng dui:, hem on Jul.~ 28. ] §$J ' RESOLVED. if'.: the ~cs;ecnt ct an.', ',':ce Pres:den:. in cch. ariel,on v.~th tee Se=c,.a.D or an) ^illS:aLl Set're:arr. wa,,. app.;sn: a::ome',s-m-hct or agents with auth,' ,Sty as defined or h~lcd :,-, .,.c .ns. =mc,",, .',~,.c.,.,ng thc a;'~nntmen! in each case. for and on behalf of the Co,.'~.any, lo e,~ecutc and dch:e a.".d affi, the seal of the Corer an.', IO bonds, ur, der'.akings, reco~izanccs, and surety sh;p obhgallons of all k;nds: a,':d slid ofllcet, s re, ay re,."~; e ar,. such attornes .in-fac: or agent and revoke any POA pre',: u.,Jy granted to such per~.'1, ' ' ' RESOLVED FL'RTtlER. t,Ll: ar,} bond, under'.ak:n~, recognizance, or ~urct} sh:p obliSat~on s,%ll be ~a:i~ a,"~ b:nd upon the ('ompan.~ ~.~cn sif. r, ed !"? l?.e Pr¢:,~de.':,t or a".s V ce Prcslden: ar, d attested and sealc~l (ifa seal be requit¢~ by an.'. Sccrc~ar.', or Assls~n: Sccrctar.-.; o: /t~,,c..: :~e Pres;den: or an.',' Vice President or Score:arty or Assistant S¢~,cmr>, and cn,'a.".:~sl~.,¢d a~d ~:a:cd/Ifa se',~ b~ ~cq.~.cd) by a duly au:hca/ed l,-.~,-~-,,0 -re.fact or agen:, or ',,,?ch gut.', ext.~;ted and seated (tfa seal ~ required) b) o~¢ or, mote attorr, e.. s.w..facl or agtr~, ~.;rsuan: to and v,~thm IFc bm,t/ of the authority e:'ldeneed ~? :he .'",oa,n' of a::orr:c.'. Ir~ued b.', Iht Cof~afl}, to ii, Ch r~, SO'~ Of ~, 1,O %, RESOLVED FURTHER. fY, al the signa:?e of any authorized officer and I?a' seal of the Con,any may be a f:.!'~ed bi, facsimile to an;, I'OA or ccr::ficam~ thereo~ au:he, rtz:nc :,",: cxezu;,or, a.d de::'. ~ o:'2,'9 i'on~, under 'q,.ing. recog,a,;,ar, g.% or ot.t.¢: s';ret: ship obhgat,o=,;, of ibc Co..-r~, &n'.. :~d ouch ~:g~a:a:rt "".2 <at a hen so used ha'.c :he ~mc force and cf feet as r?,o',;[:?~ manualS', affi,ted ' ' . IN WITNESS WttEREOF. Amaer. Surer,., lr, surancc eon'puny and Far West lnsurarce Company haYe cause~ t,",ese ~resent to be s~gned b? ~:s proper officers, and its State of Cahforma John E. Savage. Pres Karen G Cohen, See~e,",ry County of Los Angcle~ On December 12, 1997 before me. Peggy B. LoRon NotarF Public, personally a ;,pear~[ ~ I~ b~ a Kate O. Cohen, personally kno'.,m to me {or proved to me on thc basis of ~lisfaclory evidence) to be the person(s) ~hosc name(s) to thc ',,Hthm Instrument and '1 :ed lo rr.e all Il'kit hc'she,'thcy executed the:{ ~rne in his/her/their aulhorized eapaci~(ies), and that by his/her/their signature(s} o the ins~"~ment the Ix'eton(s). ~ entity upon behalf of ~,hich lhe person(s) ~IL~- otc ,~ ~'~/~.,~,o ',,,' o~ \"t~'2~/ I~,g'~ C~_-W ~~\~' .;.,,,s ./6'1[~'~. ,tis 1~,1 ~ : : ' ' '"" ' ~ ~:'t' ',, ; ,, ~ ,. '!~ '¥: "''' " ' ,~ · . ' EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO KYLE CONSTRUCTION, INC. TO CONSTRUCT THE PROPOSED SPERLING COURT DRAINAGE IMPROVEMENTS PROJECT # 31302, BID # 98-2886. OBJECTIVE: To gain Board approval to award the contract to proceed with the construction of drainage improvements in the vicinity of Sperling Court as per plans to the lowest bidder, Kyle Construction, Inc. CONSIDERATION:. The existing pond at the southwest comer &Sperling Court and 14~' Street N. poses a serious flooding problem to the adjacent properties due to the lack of sufficient outfall. A project fund was established for the design and construction &the necessary improvements. Stormwater Management Department assigned the aforementioned project to Public Works Engineering Department for project management through design and construction. After completion of the design, letters requesting bids for construction were sent out by the Purchasing Department. Four(4) bids were received on November 5, 1998 for the construction of the proposed drainage improvements project. Kyle Construction's bid at $ 41,104.50 was the lowest. contractor demonstrated satisfactory performance on other drainage This has improvement projects in the past. The construction duration for this proj~t is sixty(60) calendar days. ,~',.)FISCAL IMPACT: Total construction, inspection, and project management cost is estimated to be $47,000(Construction $41,104.50, Inspection $4,000 and Project Management $1,890), Funds are available: Fund 325 1981 Water Management CIP Cost Center 172987 Gordon River Extension Project 31302: Sperling Court Drainage Improvements GROWTIt MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award a contract to Kyle Construction, Inc., for the construction of the pro?~i drainage improvements project, Bid No.98-2886, and authorize its chairman to si ;:~r~~ntract. Mitch Momtaz, P.E., Project Manager Office of Capital Projects Management (../Jeff Bibby, P.E., Director Public Works Engineering Department Jol)h H, Boldt, P.E., P.S.M., Director Stormwater Management Dept. APPROVED B~ DATE: //-/o -"'~;'ff Ed IIschner, Administrator Public Works Division EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT NECESSARY TO MAKE EXISTING TRAFFIC SIGNALS AND FLASHING BEACONS YEAR 2000 (Y2K) COMPATIBLE. OBJECTIVE: To gain Board approval of a budget amendment for the purchase of equipment to make certain traffic control devices Y2K compatible. CONSIDERATIONS: Thc Transportation Services Department is responsible for the maintenance of I13 signalized intersections and 13 flashing beacons throughout unincorporated Collier County. Staff has identified that the traffic signal controllers at 18 of these intersections are not Y2K compliant. Further, staff has also determined that four (4) flashing beacons located at school zones :. arc not Y2K compliant. This equipment must be replaced prior to the year 2000 in order to maintain safe, continuous and efficient operation of the traffic signal system throughout the County· An inventory of the existing traffic signal equipment ,,,,'as not completed prior to the submittal and subsequent approval of the FY 1998-99 budget and, therefore, funds for the necessary equip~nent · were not appropriated, l)ue to the date-sensitive nature of this item it is not recommended to delay this purchase until FY 1999-00. O FISCAL IMPACT: The total cost for the purchase of the required equipment is as follows: 18 Controllers @ $3,600 each $64,800 4 Time Clocks ~ $2,400 each 9,600 Total $74,400 ,~' Staff has reanalyzed thc current budget to see if any line items could be reduced without compromising the integrity of the forecast for the remainder of FY 1998-99. This review indicated that a transfer from reserves is required. Funds are available in Road Construction Gas Tax Fund Reserves 313-919010-993000 and will be expended from Road Construction Gas Tax Fund 313- 163673-763200-60172. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment appropriating funds for the purchase of traffic signal equipment necessary to make existing traffic control equipment Y2K · compatible. D a/~.6~ a~or Engineer.~ REVIEWED BY://~ ~ )~ DATE:~. ~ ~ Cap~reeden~Traffi~p~ns Supe~sor ~VIEWED BY: .,. DA~://- Ed~J~ransponation Se~ices Director APPROVED BY:, _ - - DA~:~- ~ ~ Ed Ilschner, PuNic Works Administrator COLLIER COUNTY TRAFFIC SIGNAL INVENTORY YEAR 2000 COMPLIANCE No. Sig # 13I:~jor Roadway Intersects With Y2K Compliant I 995 29 Farm Workers Villa? NO 2 955 4 29 NO 3 800 4 951 YES 4 710 41 Airport Rd (3 I' Under Const 5 705' 41 Bayshore Dr Under Coast 6 702 41 Commercial Dr 8: Palm St Under Coast 7 345 41 Immokalee Rd (846} YES 8 327 41 Imperial Golf Course Bird NO 9 730 41 Lakewood Blvd Under Coast 10 825 41 Manalee Rd YES 1 I 319 att Old 41 (887) NO 12 721) 41 Palm Dr Under Cons~ l.!i 465 4l Pehcan Bay BirdS YES t 3851 4 Pelican Marsh Dr;ggth Ave N YES I I I ? 4 Pine Rid? Rd (896) YES 61 740 4 Rattlesnake Hammock Rd (864)' NO 7 405 4 Vanderbilt Beach Rd (862) YES 8 713 [ .l I Wal Mart (Courthouse Shadows) Under Coast t., 322 41 Wiggins Pass Rd (888) NO ~ 915 951 Capi Bird (952) NO 2 662 051 Davis Blvd (84) YES 22 4551 951 Golden Gate Blvd YES - 23 63~,' 951 1-75 (93) N Side YES 24, 636 95 1-75 (93) S Side, YES 25 370 95 Immokalee Rd (846 YES 26 757 95 Lel?' EImentao'/Edison College YES 27 905 051 Mainsail Dr (Marco Airport) YES 28 820 051 Manatee Rd YES 29 380 951 Oakrid? Middle School YES 30 535 95 Pine Ridge Rd (896) YES 31 752 95 Rattlesnake Hammock Rd (864 YES .32 430 95 Vanderbilt Beach Rd (862) YES 33 965 29 (15 ST NI 82 YES 34 984 29 (15 S~ NI lmmokalee Dr YES 35 980, 29 (15 ST N) Lake Trafford Rd (890) YES 36 988 20 (Main Street 9th Street NO 37 990 29 {Main Street} lmmokalee Rd (846 or Ist St S) NO 38 540 Airport Rd (31 ) Can'ilion Center' YES 39 473 Airport Rd {3 I) Coup. ar Dr YES 40 682 Airport Rd (31~ Davis Blvd (84' YES 41 675 Airport Rd ~3 11 Este,v Ave YES Page I of 4 ] O ' ~By' Na ~, I:D'c - ~ TcJhniciatl COLLIER COUNTY TRAFFIC SIGNAL INVENTORY YEAR 2000 COMPLIANCE No. Sic # M:,jor Road~sny Intersects Wilh Y2K Compliant 42 575l Airport Rd ¢31 ) Golden Gate Pk,.vv (886 YES 44 43' 625 Airport Rd (31 ~ Horseshoe Dr N & Pro~ress Ave YES 355 Airport Rd t31 I Immokalee Rd (846} YES 45 460 Airport Rd (31 I J & C Bird YES 46 6151 Airport Rd (31 } .Lon,o_boat Dr YES 47 620 Airport Rd (311 Mercantile Ave YES 48 545 Airport Rd 49 468 Airpor~ Rd (31 t Naples Bird & Ardisia Ln YES 50 671') .J Airport [id (31 ) " North Rd YES 51 447 Airporl Rd (31 } ....... Orange. Blossom Dr YES 52 41,)0 Airpon Rd 1,311 Pelican Marsh School YES 53 5151 Airr°n Rd (311 Pine Rid? Rd (l,196) YES 54 550l Airport Rd 1,3 I1 . Pine Wood Dr YES 55 5631 Airport Rd (31 } Poinciana Dr & Gre,,,. Oaks YES 56 5701 Airport [.id t31~ l'oincianna School YF.g 57 6421 ,.',.irpnrI Rd I..:l Radio Rd ig56 YES 58 4151 Airpor: Rd 13 ! Vanderbilt [,leach Rd (8(:,2 YES 59 696[ Da'~ is (84 Count'..' I-tam Rd 5'[iS 60 690! 61 685 [ 62' 69sj Da: is ~,'.1411 Sama Barbara Bl',d YFS 6) t, 8~ l)a~ is ~S4 ~ Shadoa lawn Dr NO 64 5q5[ Golden (;ate I'k~ {'Sg6~ 951 '" NO 65 58'1 CH, Idea Gate Pkwx, O;,~61 50 ST SWK-.',,lar YES 66[ I821 Golden (;ate I'kx~x (886} Bear's Paw YES 67! 175i ek,lden Gate Pk,a,., tSS6~ Goodlene Rd ¢851 YES 6Si,.. I'-{, ih dden Gate ['k~ x, 1886 Naples tti,.,h School Coastland Mall 5'ES'. 6oj 582] .. Golden (;ale I'k~,,. {886 ' Santa Barbara Blvd YES 7,',J 5c,?.1 Golden Gate Pkwx i , Sunshine I,'kwv YES 71] 5g<JI Ge, Idea Gate Pkv.?' 18861 lropicana Bird YES 72 2nSi Goodlette Rd 1,8511 7th Ave N YES 73 19aj Goodlette Rd (851 14th Ave N YES 74 1'41 Goodlette Rd (851 22nd Ave N YES 75. 21.1t Goodlette Rd1,851 5(hAveN YES 76 22s1 Goodlene Rd 1,851 Central Ave YES 77, 188 Goodleue Rd 18511 Fleischman Blvd YES 78 128 Goodlette Rd (851~ Granada Bird YES 79 348 Goodlette Rd ¢851} Immokalee Rd ('846) YES 80 443 Goodlette Rd 1851 ) Oran~e Blossom Dr NO 81 500 Goodlette Rd (851 ) Pine Ridge Rd (896) YES 82 14.; Goodlette Rd 1,851 I'at~e 2 of 4 ~TIACHMENT NO. - I I -t~mccnngT~hnician PAGE, OF '4 J NOV 2 1998 COLLIER COUNTY TRAFFIC SIGNAL INVENTORY O 'YEAR 20{)0 COMPLIANCE $3' la0] ¢'.~ oo,, 1.4 ,.,,,. .... Re' t~.~'" 1 ~ Solana Rd NO 84 408 Goodlette Rd (85 ; Vanderbilt Beach Rd (862) YES 85 368 Immokalee Rd (8461 Laurel Oak Elementary YES 86 369' Immokalee Rd (846~ Gulf Coast Hitch School YES 87 361 lmmokalee Rd t8461 1-75 (Exit 17) W YES 88 36~ lmmokalee Rd f846} !-75 (Exit 17) E YES "89] 36]! Imnmkalee Rd (846~ Oaks Bird YES 90 352 Immokalee Rd (846~ Palm River Bird YES 911., 5.19 PineR~d~eRd(896~ BarronCollier/KensingtonDr YES I ;~ 513 PineR,d',:eRdtSq6, Bed. Bath. Be?'ond ( Ridt,,cporl Plaza, YES 506 f'me Rid::e Rd (896} Forest Lakes Bird YES 94 525 Pine Rid.~e. Rd (896) 1-75 (93) E. Side YES 93 .. 524 Pine Rid,.,e. RdlSv61 1-75"(93) W. Side YES I 96 5211 Pine Ridg. e Rd (896 ~ Livin.eston Rd NO ~ 97 531 ir'be Rid~:e Rd (896)1 Lo,can Blvd YES I 98 51 I Pine Ridge Rd (896 Naples Bird (Ed~ewood) YES .. °,9 502 .r'me Rid[ze Rd 1896 School Access Dr YES · 10~0] 505 Pine Rid-c Rd (8o(,~ Shirley St. YES 528 l'inc Ridge Rd (8~6~ Vine~'ards Blvdl YES --- 517 Pine Rid~:c Rd (896~ YMCA & Cam'ilion Entrance YES 646 Radio Rd i'856) Commercial Bird YES I.. 104 650 Radio Rd f856} Count?side Dr,'Devonshire Blvd YES Ii' 105 648 Radio Rd (856) Kin~s Wa,v.'BrJarwood Blvd YES [ 106 655 Radio Rd (8561 Santa Barbara Blvd NO 107 7.14 Ralflcsnakc llammock (864 Count,,,' Barn Rd YES J 108 741 F, attl,:snake tlammock ¢864 Hawaii glvd YES J 109 55"3j Santa Barbara BI,.d Green Bird YES ] 110 115 Sea?ire Dr West AveI NO 11 403 \"anderbih [:lcacl~ Rd (862 Hammock Oak Dr YES ,, 112 424 VanderbJh Beach Rd {8621 Oaks Bird YES II3 40t \":mdcrbih Beach Rd/862~ Vandcrbilt Dr (901) NO "FBI 928 41 Pon ofthe Islands N/A FB2: 908 411 92 N/A FB3 826 951~ Fire Station N/A 'FB4 688 Davis f84 Fire Station N/A ~ FB5 986 o St N Immokalee Dr. N/A FB6 373 Immokalee Rd ¢846~ Wilson Btvd N/A OF I 130 Goodleue lid {851 Moorings Park (Side-Pole Mount) N/A . OF2 328 \"anderbih Dr (901~ Marina Bay Club N/A SFI~ 343 I I I Ave N Naples Park Elem (Side-Pole Mount) NO Pa :c 3 of 4 -- ,~ n ITl' ATTACHMENT NO. I I- 'Efi~l'nccrih~':,hnici;n [PAaE _OF_. NOV 2 4 COLLIER COUNTY TRAFFIC SIGNAL INVENTORY YEAR 2000 COMPLIANCE No, Si~'# 31njor Roa(hvay lnlersects With Y2K Compliant SF2 700 Shadowlawn Dr Shadm~ lawn Elam Sch (Side-Pol~ Mount) NO SF3 560 Airport Rd (31) Poinciana Sch (Overhead) NO . SF4 401 Airpo~ Rd (31 ) Pelican Marsh (Overhead) NO SF5 503 Ai~o~ Rd ~31 ) Pine Ridge Middle School (Side-Pole Mount) YES N I ~ 237 (;oodlct~e Rd ~851 )l · Grand Central Station YES v;21 135 Gulfshore Blvd[ ' Parkshore Dr! YES CITY OF MARC() ISLAND TRAFFIC SIGNALS Mil 932 ,,. 951 Bald Ea~le Dr (953 NO MI2 935 951 Barficld Dr NO MI3 933 051 Elkcam NO _MI4 940 951 San Marco (921 NO blt5 943 San Marco 192} llealh~ood NO MI6 948 San Marco t92} S. Barfield Dr NO MI7~ 945 San Marco 1921[ Sandhill (Tommy Barfield Sch) NO nc~ conlrolJ¢r~ ~JJl be Y2K --'~ Page 4 of 4 ATTACHgENT NO. ( chnician ; ":'~.: EXECUTIVE SUMMARY AUTHORIZE THE TRANSPORTATION SERVICES DEPARTMENT TO REMOVE T HE NON-WARRANTED TRAFFIC SIGNAL AT THE INTERSECTION OF GOODLETTE-FRANK ROAD AND ROYAL POINCIANA DRIVE OBJECTIVE: To gain Board authorization to remove the traffic signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive consistent with the findings of the signal removal study conducted in conjunction with tile Countywide Signal System Study. .CONSIDERATIONS: One of the consultant's tasks during the recently-completed Countywide Signal System Study was to review ali existing signals for conformance to the generally-accepted signal warrant analyses set forth in the Manual On Uniform Traffic Control Devices (MUTCD). During this review there were several signals in both the City of Naples and Collier County that ',,,'ere identified as potential candidates for removal. As the study progressed, it became apparent that the signal at Goodlette-Frank Road and Royal Poinciana Drive (identified in the study as Intersection No. 558) was not in conformance to the MUTCD standards. As part of its final work product, the constlltant provided a Signal Removal Study for Intersection no. 558. Signal No. 558 :vas originally installed in 1990 at the direction of the then Board of County Commissioners (Item No. 12D, November 15, 1988 - Attachment No. 1) as a result of a request by tile Royal Poinciana Golf Club, Inc.(RPCG). Among the conditions of approval of the installation were: I) the payment of $20,000 by the RPGC; 2) the county's right of removal in the future, if found to be necessary or desirable, and; 3) the right of the RPGC to retain salvage fights over the removed materials. The most recent engineering review of Intersection No. 558 by Kimley-Horn and Associates, Inc. (KItA) in conjunction with thc Countywide Signal System Study recommends that this signal be removed (Attachment No. 2). FIS(~AL I1MPA(~T: Tile Traffic Operations Section of thc Transportation Services Department estimates that the cost of removing this signal will be about $15,000. Funds are available in Road and Bridge Fund 101-163630-634999 as part of normal maintenance operations budget. Annual operating costs for the county's signal system electrical energy use and a reduction in personnel time for routine lamp and controller maintenance. The salvage value of the mater/als is estimated at about $3000-$5000. GROWTH MANAGEMENT IMPACT: None AC~IOA lIOI ~ ,~ NOV 2 ~ 1998 Exccutivc Summary Authorize the Removal ora Traffic Signal Page 2 of 2 REq:OMMENDATI@N: That thc Board approve the removal of thc non-warranted traffic signal at Intersection No. 558; authorize staff to contact thc RPGC to ascertain their intent to exercise their salvage rights; authori×¢ staff to dispose of the removed materials if the RPCG does not wish to exercise their salvage rights. SUBMITTED BY: -' ' DATE: Edward J. Kant, P.E., Transportation Sen'ices Director APPROVED B Y,.~~~~~ DATE: Ed llschncr, iia Works Administrator Attachmcms: No. I - Agenda Item 12D. November 15. 1988 No. 2 - Intersection No. 558 Signal Removal Study .. ~..~.~.. ,~...,. '.,k": ................. ""-'.-.-.' ~-. ,.~ ~PROPRIATE H~ING (CIR~ O~): (5) Procl~atton~ & Presentations, (6A) Co~rehenstve Plan ~en~ments, (fiB) gon~n~ ~n~ents, (6C) Pro~ision~ Us~ (7C1 ~her,'(8) ~lic P,~o~ 79A1 Co,unit7 Development, ~~lic ~ ~ ~1~ ~s, ~ ~ ~) A~min. So,ices; (9F) C~nt~ha~er (10) Attorney'; (i1) Clerk; (12) BCC; (13) Other Cons:itutional Officers; ~(~4)' Consent A~enda; Divisicn Head ~~%ate 1~/2/88 ~mnager Date Item Title P. ecommendation that the Board of Count~ Commfss[osners consider the merits of a .~oord~nated signal s'/stem inst!!ation on Good!cite-Frank Road at the intersections w~th Sol~ Road and Royal Poinciana Dr~ve. .. List Of Docu~.en=s Attached: 2:.. · ':. - :--F~~-~,:.~.-":-. 1. Executive Sur:~ary (required) 3. " -'%~.:.T~:.~.'..>.' .. 2. 4. . .:.:; ..4 ..... . .. ~:.j:- .:-. ~/8?-SZ] 5. .. L'k.-,' ~J .. .. . · · . '.~-. -?:.:,,:.. ..... . . , . . : .:..}....:~ :.. r ,.: ::: . : :.,, . ...::' ,. % ..,.:::.. .... .:,..:...;..~ .., ,. , . , : ...... ...:..,.~.~....,:~2:~.~,~:...:-- , .. ../:.,,_ PAGE ,'/ OF ~~ATIC2; %~iIT TP2~ BOARD OF CC~Tfl~f ~IC~S ~CSI[]!R ~ FJERI~S OF A ODCPJD~ SI(~IAL S-fSTE~{ IZ~ST. ATIA..TIC~; C~; GCODLETIE-FIOJ~CK P~AD AT OBIECITVE: To revi~ tha merits of a coordirmt~ signal ~ inst~llaticn at th~ in~~icps of Goccllette-Fr-ank Road with Solana Road ar~ Royal Poinciana Drive. . · CONSIDERATION: %Y~ Public Works Division has received a nut, bet of requastS for a sigr~31 ~ozm at Goodletta-Frank Rmad and R~ral Poinciana Drive. A site stuff has been perfo~ to detarm{ne the ~krrants for a signal installatJcn; the rr~-ul~ of t~ s~ax~f ar~ summarized as follow~: Genera/ Cond/tion: The existir~ inter-~icn is locat_~4~ apprc0cL- rataly 300 feet south of the inta.~c~ion of Gccdletta-~ Road and Solarn Pr.~d; the in--ion P~s a nor~.hbom~ right-t~rn lar~, a .,-~--i=n .c!~_-'~ng, and a msdified souT.~bom-~ lef~-~urn lane. Due to the Lntar-=r_--ticn Ln que~icn being locuted close to the ey~Lng sicr,-~iiz~ Lzta_--oec-~icn at Soia-n P~ad there are rarr:-~ ..':cve-.,a.".ts Ln a-~ a_--~_~d the ev~.istLn~ ir, te~-ticn r~_r-d-, at C_ocd!et-~=-.-_-r~-3: Pr~ad and Scl~_-n P~ad. Traffic St~ac~! P~alt~: i. Vci'_.-nes (;~) as cf Co-.chef, 1988: ~e-_ta-:.-?_-k P~ad ....................................... 22,123 ~-~-a! F~L-~ia-a Drive ......................................... 294 Sc!ara ?cad ................................................. 3,725 2. ;~id~_nt Eata - Fortunately, a~idant hi_~orf at the g~ !ccaticn is ncr. re_flective cf a prublen; act3~l accident by year follo~: ~ of Agcidents/Ixx~tion Year Solana Road R~ Poinciana Drive 1985 7 0 1986 5 0 1987 6 1 1988. 7 · Year-t~-data. turning m=vemmnts, neither a~lays nor tundr~ warrants for signal installat/cn. ~_~ ........... ~~ -' /k~A, CH~ENI NO. / "~,'NOV 2 ~ 1 · ~-L~%.- :.~- .. J ' :- oF 4. $ita DJ_~camce - excellent; sight distance ~ ~ ~~ ~ive ~ a~ble, ~ t~ ~e ~o~cn, ~ff ~ ~ ~~ ~ ~ for si~ ~ ~i~~lation at ~ ~, ~ foll~ ~~ ~d ~ ~~ ~ ~ ~]~: 1. ~i~ of a si~ si~ at ~1~ ~. 2. ~m ~ of ~ si~ ~~ ~ ~ r~ a~tL~ ~ ~r~t/~t ~ ~ $55,000. L~l~nt ~ ~ ~~ ~: h. c~ si~ ~,-~ ~ fl~h ~e.' c. P~we ~ne si~ ~. ~ue cf ~~nt ~ de~~ ray ~ ~Lr~ ~ the a~ria~ ~ ~: ~m ~~ ~e, the c~ly lc~-~ '~d ~ ~~ ~ ~L~ at ~t~ $2,500 ~ $3,000 ~ y~. ~~: ~mt the ~ of ~y ~io~ ~id~r ~ si~ ~la~on ~ ~ ~ff a~~ly. REVIE',~I) ~f: G. F. ~_-duibald, P.E. Public Wcrks Achnin~tor .. t~JBLIC ~ DIVISIC{~ Coorutinat_~_ Signal Systam (iFA: ~uk: 102688 A]'T^CHMF. N'[ NO. / NOV 2 q 1998 Signal Removal Study for Submittal to Collie; Count), and the F/orida. ~ Department of Transportation Signal Removal Study Goodlette-Frank Road and Royal Poinciana Boulevard Intersection # 558 Prepared by: Kimley-t-tom and Associates April, 1998 Tampa, Florida ATTACHMENT NO._ {PAGE ? OF TABLE OF CONTENTS Pa~e INTRODUCTION .... PROCEDURES .................................................................................................................. 2 PRELIMINARY INTERSECTION ANAI.YSIS ........................................................... 3 1. Sight Distance Adequacy ............................................................................................. 3 2. Special Site Conditions ................................................................................................ 3 3. Signal lnstallalion Warrants ......................................................................................... 4 4. Special Justifications .................................................................................................... 4 5. Collision Changes After Signal Installation ................................................................ 4 DETAILED INTERSECTION ANALYSIS .... : ............................................................... 5 I Collision Impacts 4. Other Factors ................................................................................................................ 7 RESULTS ............ 7 CONCLUSIONS REFERENCES ................................................................................................................... 9 ATTACHMENT NO. ¢ PAGE ~ OF / / Signal Removal Stud.',' at Goodlette-Frank Road and Royal Poinciana Boulevard (#558) .I~'TRODUCTION j ~anv forms of traffic control devices regulate the flow ofconflictine traffic streams at intersection locations. Of these devices, "the traffic sitmal providcs'~hc strongest fom'~ of !t~gradc intersection control''t. Although signals can improve intersection operations at ~ff~rranted locations, they may cause increased safety concerns at locations ',,.'here they arc not warranted. The Federal }ti,,.,hwa`., Administration (FttWA) has created guidclinc:~ Jn ~th? Mauual on Untfnrm Traffic ~ontrol Devices (MUTCD) to determine thc ?, appropnatc~,css ofs~znal ~nstallatmn at ~ntcrscctton Iocat~ons. Although these warrants ' provide guidance in the installation of traffic signals, many times public or political pressure may influence the installation of traffic signals at unwarranted locations. In the Federal ttighv,'a y Adm in/stration's Criteria for Removing Traffic Signals. Technical Report a procedure is developed to determine whether unv.'arranted traffic signals should be remo`.'cd. It compares tile cost and safety impacts associated with maintaining the unwarranted traffic signal with the potenfiai cost and safety impacts of rcmovinre the signal. ' This report documents the results ora stud,,' of the currently sit~nalized intersection of Goodlette-Frank Road and Royal Poinciana Boulevard (IniersJction #558) in Collier Count.,,'. Florida. The 1980 Federal t fighway Administration document Criteria for Removing Traffic ,$'igaa[.~. Technical Report is used in conjunction with The User Guide For the Removal orA'at Needed Tn(tic S[gtta[s to determine if the subject traffic sit.,nal should be removed or retained. The subject intersection is located on Goodlette-Frank Road approximately 300 feet south of the Solana Road./Burnint, 'I'ree Drive sitmalized intersection in Collier ~'ountv, Florida. Goodlctte-Frank Road is a ~'our-lane grass-'mcdian-dividcd hiehwav, which sen;es as a nonIv~south arterial Royal I'oinciana Road is tile east leu of this T-intersection and sen'es primarily as tile entrance to Royal Poinciana GolffClub. The intersection geomctr)' includes two through lanes and an cxc'lusive ri,hr turn lane for thc northbound approach. two through lanes and an exclusive left-turn la'ne for the southbound approach, and exclusive left- and right-turn lanes on tile westbound approach. On Jul',' 5. 1988. thc Board of County Commissioners addressed a request from the P, oval Poinciana Golf Club explaining that 'traffic volumes and collision experience fall fi~r sh'ort of the MUTCD warranting criteria. At this time it was recommended that the Club address the potential addition of a secondan' entrance along Burning Tree Drive. O November 1 I, 1988 a letter recommended tt;at the Board of County Commissioners review tile merits ora coordinated signal system installation at the'intersections of ~User Guide For Removal of Not Nceded Traffic Signals. Federal HighwaY Admini~tratl on (Washinemn DC: November 1950). pg. 1, I AITACHMENT NO. PAGE ~ _OF ,,-' GObdlette-Frank Road with Solana Road'Buming Tree Drive and Royal Poinciana Drive. In tins review, the Public W'orks Department did riot conclude that warran.'.s existed for the:slunal system cxpansior~,'installation at Count',,' cost. Should the signal be considered b~ih~ Boa[d. the cost of signal system desien, in~;tallation, and coordination ,.','as to be b0mc by the benefitint~ property owners alone Ro','al Poinciana Dri'.'c. and thc Cot,htr would reserve thc riuht to modifv thc signal operation, operate the signal in a flashin,; mode. or remove the sienal. ThJ subject traffic si~mal v,'as installed and placed in operation in early 1990. and has subsequently been operated and maintained bv Collier County. The traffic sisanal at the subj,v.:t intersection operates as a three-phase semi-actuated c6fitro ler. q"i~e three phases of the controller include a southbound protected left-turn and thr3ugh phase, a north-south through phase, and a side-street phase. N'o pedestrian features exist at thc subject intersection, Based on March. 1997 traffic volume data. this traffic signal does not satisfy any hours of the MUT'CD volume warrants. It is expected tlia~t minimal chanzcs in volume.; and driving patterns ,.,,'ill occur at the intersection. Fu~hhcr analysis otZvchicular volumes are explained in thc signal installation '.,,'arrant seetmn of the preliminary intersection analysis of this report. The detailed '.'olume data u~;3d in the stud,.' is inclu'ded in the Append'ix of this report, HiStoric coil/sion data was collected for the subject intersection, and is included in thc APPendk.:. Thc collision diagram for the 12-month period from Janua~' I, 1996 to December 3 t. 1'996 shows thc four collisions that ,,,,'ere reported at the (ntersection during that 12-nionth period, q",',o ofthcs',.' four collisions are detc,qnined to be relevant to the iritersection opzration, and ,.','ere used in tl't~ detailed anat;'sis to estimate thc potential safer;' ;mpact of signal removal. ' PI1. O CE I) URES lr~7~rdcr to stud,,' thc need lbr removal of thc subject traffic signal, thc procedures summarized by the Federal Highway Administration in the User Gulch' to the Removal of No? Necdcd D-,(0Yc Sig,,~',;,!.~- and in the Criteria for Removing Trq07c Si.znals. Tcch,tical Ret?orr ,,','ere used. These procedures consist of two parts: (1) the initial prelimirmrv afialvsis and (2) the detailed analysis. Thc preliminary anal;'sis determines whethc'r s~al removal is appropriate, while the detailed analysis quantifies the cost and benefits froni potential sitmal removal. inc. prcl~m~nar,,, analysis addresses the following five topics of concern for sim'mi removal :5 I Sight distanceadcquac;. 2. Special site conditions s0._ 16 3. Signal installations warrants 4, Spccialjustifications NOV 2 t~ ]958 5. Collision changes after signal installation (optional) 2 ATTACHMENI l'IO. ?- ~ PA~E '~ OF. ,,',' If the preliminary analysis concludes that signal should not be removed, thc detailed anal~Sis is not necessar,'.. If the preliminary analysis concludes that the signal should be rembv'ed, a detailed analysis can be perfo~'~ed to estimate the benefits and costs associated with signal removal. The de,,iled analysis estimates and quantifies changes in intersection operations in collision frequency, traffic-related impacts (such as stops. delaYs, and excess fuel consumption), and jurisdiction-related cost (such as signal removal cost, and maintenance cost). The detailed analysis should analyze opp0sition,,'suppon, for si~znal~ removal, and determine an appropriate strategy to respond to any anticipated opposition. "1'echnical findin,,zs from the detailed analvsis shoukt provide a strong factual basis for reaching, supportin~z, and defending the'final decision or recommendation.": PREI,IJlINARY INTERSECTION ANAI,YSIS 1. Sight Distance Adequacy The Federal f tigh',..'ay Administrat,,n has fimt,l that adequate s~ghl dislancc is related the number of collisions at a given intersection, faze .1.1. of Flt".;'A's publication Cmteri~ .for Removing TraJ. fic .$'~g,:als. Tech,ucal Report; re'ers to the 3'a,~.tp(,'t,ttion ami Traffic Engi4~eeri~g ftamthook' which recommends that traflic signals should be retained on high~!'ays with a design speed of 30 mpi~ or higher and a corner s~ght distance of less than 300 feet. The comer sight distance is defined as the sizht distance atomz the crossin, street that a driver observes at an eve. hciuht, of 3.75 feet when he is locJted a minimum of' I 5 feet from thc edge of pavement to a point on thc cross road at a height of4.5 fcct. Field observations at this intersection revealed that sight distances are adeqt,ate in all directions. 2. SPecial Site Conditions As explained in the FHWA publication, two special site conditions make siunal remc:val institutionally unfeasible~. These conditions are: (1) signals located at major traffic generators where sharp peaks occur during the con'lrrluting periods, and (2) signals located ne.ar special generators which generate substantial special-category pedestrian traffic perceived as hazardous by those opposing removal. If either of these conditions exist, it is reconm'~ended to discuss si?al removal with affected cmploymer~t representatives prior to making anv in-depth analysis. The subject traffic signal is located at the Roval Pointcana Golf Club entrance, where side-street volumes were obsen'ed to produce n')inimal vehicular volumes and pedestrians. Therefore. it ,.',,'as determined that no special site conditions exist at the subject traffic signal. : User Guide For Removal of Not Needed Traffic Signals. pg. 24. ' Kay;.J,L.. L.G. Neud,,rff. ami F. A. Wagner. Cnterktfor le,.,,o,.i,,g 7?,.Oic stg,,a,'s, r,,cl~,,¢,a &, ,n }4 0V 2 tt 19fl8 I~, ashmgton DC: September 1950) pg..I4. PG. /O I)aerwald,~,, J. E. (ed.). Trans?ortatton and Fro. Ok' Engineert,tg ttandhook (Ne,,,,' Jersey: Prentice-It 3. Signal Installation Warrants On Monday, April 2. 1997. eight hours oFtunfing movement counts wcrc collcctcd. A total of 20.136 vehicles anti no pedestrians ,,,.'crc counted during the eitff'~t-hour study period. VChen evaluating the MUTCD warrant criteria, "side-street app'~oach volum~'s should consider the effects of thc right-turn vehicles''~. Since the subject intersection contains exclusive right- and left-turn lanes on Royal Poinciana Drive, right-turn volumes were excluded in thc signal warrant analysis, l)ctailed data from the tt, ming movement counts and a summan' of the vehicular volume warrants arc included in the~Appcndix. Results show that the MUTCD signal installation warrants were not satisfied bv these volumes. The "Minimum \:ehicular Volume Warrant. Warrant 1"' oFthc MU~CD is satisfied for zero hours, and the "Combination of Warrants, Warrant 8''~ of thc MUTCD is satisfied for a total of one hour. No changes in vehicle patterns arc expected for the subject intersection that may alter the current intersection volumes. The FHWA has determined lhat vehicular volume, along with sight distance characteristics, contributes significantly to collision frequency at an intersection. The Ft-tWA User Guide explains that "traffic volume magnitude (as measured bv the number of hours per da',' when traffic volumes satisfy at leas~'60 percent oFthe sign,~l installation traffic volume ,.,.'arrant el )'"' has a significant effect on the collision outcome. '¢,'l~en the volumes are analyzed at 60 percent oFthe warranting critcrJa, the subject intersection still fails to satisfy an:' of fl~e Minimum Vehicular Volume Warrant. Warrant 1. A summan' of this analysis is included in the Appendix. 4. Special Justifications Thc Fit\%\ User Guide states: "there arc undoubtedly cases where unwarranted signals have been installed as a result of pressure from a smali special interest group bascd~on reasons which either are no longer perceived as a problem or can be shown to be invalid." It is speculated th:~t Royal Poinciana Golf Club influenced thc installntion of thc st, bjcct traffic sigmal. If this report displays appropriate justification for signal removal, appropriate measures may need to be taken to inform Royal Poinciana GolfClub. 5. Coil/s/on Changes After Signal Installation The FIt\VA User Guide states that `.vhcre signal installation is relatively recent Ifor example, five to ten years old). where adequate collision data is availal;le, and where traffic volumes have not changed substantially during the life of the sitmal, collision data prior to signal installation may be compared with col'iision data after si'gnal installation. ':: * ltIanua' on L'tr~h,rm Tral'/k' Cor.:ro[ Dt'vtccx.lbr Street., and Ht£hway., ,Washinglon DC:10SS 1. pg {(,..:.~¢.; // ~ Manual on L,',:ztbrm. Tr~3~tc Co,z~rol Dt'vwc.~ for Streets and tltg,m'avs' ' ('¢.'ashinttlon DC: 1988h pg. ~ 3/anual on Uni/brm Traffic Cor. trol Devices for Streets and Htghways. pg. 4C-7. * L)$er Guute Fo'r Removal q(Not Needed Trq07c Signals, 4 /AITACH~,IENT NO. Although the age of the subject signal is within the last ten ','ears. inadequate collision data collected before signal installation makes it unfeasible'to compare collision changes :,t the subject intersection. DETAILED INTERSECTION ANAI.YSIS Sit:ce thc preliminary analysis shows no rcasons for the candidatc traffic siznal to bc retained, a detailed analysis should to be completed to predict the impacts trna will resuh from signal removal. Collision impacts, user impacts, and jurisdiction-related cost impacts are addressed in the detailed analvsis to provide a technical basis for the final decision to remove or not remove the signal. Becauseofthe high :'olumes on the major street and lox,.' volumes on thc minor street (thc major street xolumc minor street velum,,: ratio is greater than 3:1). the costs and benefits in the detailed analvsis are related to replacing the subject traffic signal whh stol) control on Royal Poin~:iana Boulevard. 1. Collision Impacts Prcd/ctk)n models for estimating thc collision impacts of replacing traffic signals :vhh stop control were developed in thc FI{WA Criteria for Removing l'raffic Signals. Technical Report. This report analyzes the subject traffic signal usimz rnuhJplc regression. This relates the intersection volume measured by the number c, fhm,rs mooting 60 percent of the 31L'I'(_'D Vehicular Volume \Varr;nt. \\'arrant :-'I. and thc annual collision frcquencv before siunal removal. The foIlov.'in,_, emr:,ir/cal equation was derived in the FHV'.'A User Grade ': ~'--= 1.01 * 0.139(X~1- 0.605 (X.} Where: '~' = Estimated change in avcra,..:c annual collision frequcncv resultin,.2, from signal removal ' ' X~ = Volume magnitude as measured by the number ofhours per day when traffic volumes satisfy at lca~st 60 percent of the signal installation volume warrant M'UTCD \Varrant ."-1. X. = Average annual collision frequency at thc intcrscction prior to signal removal. As displayed in thc Signal Removal Analysis Worksheet included in thc Appendix. thc subject intersection docs not sat/s f,,' any o'fthe ?./UTC/) \Varrants t:l at the 60 percent reduced criteria. Tv.'o of thc four collisions collected from Januarv, 1996 to December. 1996 ',,.'ere determined to be related to thc signal operations, and '..¢ere used to predict the number ofcollisions under stop control. Results from this muhiple re~zrcssion anal~i~ ,~t,,~, ,,~. predict a decrease in collision frequency of 0.2 collisions per >'ear under stop contr~[. ~0. NOV 2 q 1998 '~ L3cr Guide t:or Remora/ql',.','<,t ,~.2'cded Tra. ffic St~,nal;. ~'$. 29 /AIiACHMENI NO. /' 5 {P,~.GE '~ OF 2. Traff'ic and Flow Related Impacts The Ft4WA User Guide provides a step-by-step procedure which uses different homographs and v,'orksheets to estimate the difference in 24-hour traffic related impacts between signal operation and stop control. In order to evaluate thc traffic related impacts for t}le intersection, average volumes arc calculated for both tile peak-hour anti thc non- peal.: hours at thc intersection. Average peak-hour intersection volumes arc determined by summin,z, tile avcratze total main-street approach volumes for the two highest hours with the averauc side-street approach volume for tile two highest hours. This volume is then used [o evaluate traffic a~d rio,.,.' related impacts under simaal control and two-:var stop control for tile peak tv,'o hours of operation using appropriate homographs for the ~ubjcct intersection ueometrv. Average non-peak hour intersection volumes and impacts are determined bv t:ollo,.vin~ the same procedure for thc remaining 22 hours of operation. Summary' worksheets and homographs used in H~e calculations of traffic and flow related impacts are provided the Appendix. Signal and stop control traffic and flow related impacts for the subject intersection ~eonletr-..- ;'.'ere evaluated using Figures la and 15 from tile FIt\VA L'scr Guide. These homographs provide infomlation to detemfine associated impacts for major street volumes up to 1.000 vph. Because the subject intersection major street volumes exceed 1.000 vph. thc expected benefits related to traffic impacts used in this report arc predicted to be conservative. \Vhencvcr appropriate, homograph trendlincs \yore extr',r~ol'~ted side strcc: ~. oiUnlCS less than 25 vph to estimate the benefits ofsi,,nat ren~ non-peak hours. These FIt\VA User Guide fiszures are included ~'or reference in the ..\ppcndix. Results t?orn the 24-hour analysis of impacts predict the follov.'inz reductions in traffic and flow related impacts: ' Traffic Decrease per Decrease per I Decrease per lm pact Vehicle I)av Year ldlin,?q Delav ' (veh-hrs) 0 r 007 20.S ! 8.576 Total Delay (veh-h rs) U.0ot 9 67.4 / 21.568 Total Stops (vehicles) 0.2S 10. lOC~ I 3,232.00(} Excess Fuel (~allons) 0 0( 17 62.4 / 19.968 NO¥ 2 q 19 8 6 ATTACHMENI NO, 3. Jurisdiction Related Cost Jurisdiction related costs weigh the estimated cost to continue signal operation verses tile cost of signal removal. General signal operation costs used for this report include annual maintenance, electrical, and signal timing costs. Signal removal costs include hardware removal, stop-sign installation, and annual sign maintenance cost. Tables 3.4. and 5 of the FHWA Users Guide provide estimated ranges of cost savings associated with signal removal. It estimates that the annual cost savings from signal removal will be between $341 and S3,416. In November of 1988. the estimated annual operating cost for the subject traffic signal was projected to be between $2.500 and $3,0()o. which falls x,. ithin the cost set forth in the FttWA Users Guide. Below is a table summarizimz these results. All costs Jn the table have been convened to annual costs based on a capit~l recovery factor of 15 years at 12 percent interest. Calculations are shown on the Signal Removal Analysis Worksheet included in thc Appendix. Annual Signal Annual Cost of Annual Operation Cost Cost Signal Removal Cost Electrical S50-S550 ilard,,vare Removal Sla2 - S Maintenance 5750 - S3.000 Install Stop Signs S- - Annual Stop Sign Timin,.,, S2a Maintenance 55 - 515 - $3.57(i l'otal Total · ~. Other Factors O?posit/on t,~ signal removal could be expected from Royal Poinciana Golf Club. A correct plan of action should be created to detem~ine appropriate measures to respond to this expected opposition. RESUI.'I'S Since the preliminary analysis of the subject intersection provided no reason to retain the subject traffic siL-'nal, a detailed analysis was performed to quantify cost and benefits associated v, ith signal removal. These technical findim, s in tile dc'tailed analysis provide a strong basis for removing the signal at the subject intersection. Below is a iisi of the findings in both the preliminary and detailed analysis of this report. Preliminary Intersection Analysis NOV 2 ~ 1998 · Field obse~'atJons at the subject intersection revealed that sieht distances are /~ adequate in all directions. ' 1 7 ,~l' ,,.,CH,,'IE,4T N0 ¢'-.GE ~ ': ' ' · No special site conditions %'.'ere observed. No major traffic generators, or special generators with large pedestrian activity are located near the subject traffic signal. · The subject traffic signal currently does not meet any ortho MUTCD signal warrants. It also does not meet an,.' hours at or above 60 percent of the Minimum ~.'chicular Warrant. Warrant #1. · Appropriate measures should be taken to inform Royal Poinciana GolfClub ortho technical findings for signal removal. · Changes in collision histor}' prior to and after sit:na!ization ',','ere not compared because of inadequatc collision data before sign~l installation. Detailed Intersect/on Analysis · Without satis(vmg an.'.' hours of 60 percent ortho ,',IUTCD Minimum Vehicular \Va.q'a:~t. Warrant t:l. it is predicted that the subject intersection ,,,.'ill experience a decrease in collision frequency oi'0.2 collisions per .',,'car upon signal removal. · It is predicted that the subject intersection will experience more than 8.500 vehicle- hours of annual idling delav savings, more than 21.500 vehicle-hours ofannuaI total dclav savings, more than 3 million less stops per .',.'ear. and almost 20.000 gallons of fuel saved per year upon signal removal. · It is predicted that tt~c annual cost savings will be in thc range of S050 to 53.1((, C()NCI.USIONS Based on the data collected in this study, tile rcsuhs described in the preliminary analysis. and tl~e results described in the detailed' analysis, it is predicted that signal removal o(the subject traffic signal ,,,.'ill result in improvements in collision rate. delay, fuel consumption, stops, and annual cost. Therefore. it is recommended ti~at Collier County initiate orderly procedures to remove the si,,2nal at thc subject intersection. It is also suggested that the possibility of constructing a direct access to the Royal Poinciana Golf Club from Burning 'Free Drive be investigated. NOV 2 1998 S ATTACHMENT t'10. REFERENCES 1 fJHK & Associates and Wagner-McGee Associates User Guide For Removal of Not }i?eded Traffic Signals. Federal Highway Administration. November 1980. 2..~Kay, J. L., L. G. Neudorff. and F. A. Wagner. Criteria for Removing TrafJTc Signals. !Technical Report. September 1980. 3. !Baenvald. J. E. (cd.). 1976. Transportation and Traffic £ngineering lhmdhook. New ~jersey: Prentice-Hall. Inc. 4. '! Manual on Uniform Traffic Control Devices for Strccts attd Highways. U.S. [.[ epanmcnt of Transportation. Federal ttighv,'ay Administration. 1988 Edition. EXECUTIVE SUMMARY REAPPROPRIATION OF TOURIST DEVELOPMENT TAX FUNDING FOR CATEGORY "A" PROJECTS FOR FY 98199. OBJECTIVE: To obtain approval for reappropriation of unobligated funds in Fund 195 during FY 97/98 for use in FY 98/99. CONSIDERATION: Category "A" projects are those associated wilh Beach Renourishment and Inlet Management. The purpose of this item is to obtain approval for reappropriation of unexpended and unencumbered funds in the amount of $283,700.00 for use during FY 98/99. Such will be accomplished by a budget amendment whereby such funds will be transferred from thc Reserves of Fund 195 to the appropriate expenditure category. FISCAI, IMPACT: Cost: The Iolal rcappropriation in Fund 195 for FY 98/99 is in Ihe amount of $283,700.00 Fund: (195) Tourist Development . 60% Cost Center: (110406) Beach Renourishmenl & Pass Mainlenance Project Numbers: ReapproDrialion (80218) Marco Beach Maintenance $13,500 (80221) Capri/Big Marco Pass Inlet Management 9.000 (80222) Clam Pass Inlet Management 20,600 (80223) Caxambas Pass Inlet Management 4,400 (80225) Collicr County Beach Restoration 231,500 Cosl Center: (110420) Wiggins Pass Dredging Project Number: (80226) Wiggins Pass Inlet Management $4.700 Total $283,700 Funds for these rccommcndcd rcappropriations arc Ihc rcsult of additional carry forward and are available in the reserves of Fund 195. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners Approve the rcappropriation of Tourist Development Tax funding for Category "A" projects in thc amount of $283,700.00 for usc during FY 98/99 and approve the neccssary budget amendment to accomplish same. DATE: SUBMITTED BY: tfa Y-lq~uber, Project Manager 111 Public Works Engineering Departmenl REVIEWED BY:~ff/_//,~, Bibby. P.E., Director DATE: //"~¢ ~ Public Works Engineering Dcparttnent Ed llschncr, strator Public Works Division AGi2NOA NOV 2 q 1998 PG.. EXECUTIVE SUMMARY REQUEST APPROVAL TO USE FUNDS FROM WASTE TIRE GRANT TO CO- SPONSOR RUNNING TRACK AT GULF COAST tllGit SCIIOOL. OBJECTIVE: To obtain approval from the Board of County Commissioners to use State Waste Tire Grant funds to match Gul£Coast High School Business Panners private funds for a recycled tire overlay on Gulf Coast High School's current eight lane asphalt athletic track. CONSIDERATION: '/his is the first tire grant project undertaken as a joint venture with the Collier County Schools, The project will provide a safety surface for an existing asphalt running track by using tires collected and recycled in Florida. Approximately 70% of the material used will be from Florida recycled tires. The Waste 'Fire Grant allows counties to buy materials made from Florida recycled tires in order to promote the benefits of recycling and to "close the loop" by buying recycled products. The project includes the placement ofprominent signs within the stadium and field ticket booth entrance gates, The signs will name the sponsors and explain the significance of the recycled tire material used in the track. This highly visible daily reminder of sponsors and the use of recycled tires reinforces the mission of the Solid Waste Department to educate the public on the benefits that result when everyone participates in recycling. The commitment on the part of the school to advertise the benefits of recycling was a major consideration in sub-granting Waste Tire Grant money to Gull'Coast High School. The project is expected to be completed in December 1998. Project costs are not to exceed $38,000.00. This amount represents approximately 60% of the cost ofthe entire project. This project is consistent with the use of Waste Tire Grant funds that was outlined in the Board's acceptance ofthe Recycling & Education, Waste Tire, and Litter Control and Prevention Grant on 10/06/98, Agenda Item 16B(1) FISCAL IMPACT: Funds are available in the 1998-99 Solid Waste Tire Grant. Fund No.: 472 Cost Center No.: 173423 Object Code: 634999 GROWTtt MANAGEMENT iMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve using State Solid Waste Tire Grant funds to match Gulf Coast High School Business Partners private funds for a recycled tire overlay on Gulf Coast High School's current eight lane asphalt athletic track. SUBMITTED BY: . Date: David W. Russell, Director, Solid Waste Management Department REVIEWED BY: rn ,.,ir sing Department APPROVED B~~ Date: //-'/...~ -~ Ed llsct~er, Pub~c Works Administrator ' EXECUTIVE SUMMARy A. PPROVE CttANGE ORDER TEN (10) TO THE CONSTRUCTION CONTRACT WITI! MIl. MIR CONSTRUCTION, INC., FOR TIlE NORTH COUNTY REGIONAL WATER TREATMENT PI.ANT 8-MGD EXPANSION PROJECT, CONTRACT 97-2690R, PROJECT 70859/70828 OB.IECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier Count,,,, Water-Sewer Dislrict. approve Change Order Ten (10) to the construction contract with Milmir Construction. Inc., for several improvements and credits to thc contract as a part of the North County Regional Water Treatment Plant (NCR",VTP) 8-mgd Expansion project. _CON\$IDERATIONS Cl~ange Order Ten (10) '.'.'ill incorporate the following 7 ~ , :_ ~mpro'¥ements and credits: * Enlargement three existing dcgassifcr runaways to facilitate routine maintenance: and renew and replace Ih( existin,, media clcmcnls (add 567.000.00). = * Realize credits for the Following three items: reimburse thc County for electrical power used by the contractor for thc construction of Ibc above ground water storage tank {deduct S400.00); reimburse the County for the water pipelines overt/me inspcclion (deduct S5.070.00): and downsize reverse osmosis feed pumps and variable frequency drives (deduct S52.381.00). * Reconcile actual quantities and recognize a lower re-negotiated unit price (S23.00 per bag vcrsus S38.00 per baa) for well surface casing grout exceeding the quant/t/es of that shown in the contract (add S73,600.00). * Add a regulatory-required backflow prevent/on device on mcmbran'c concentrate piping (add S20,298.00). Tho foregoing items arc Fully explained and justified in thc attached copy of Change Order Ten (I0), thc total being a net add of SI 03.047.00, and no change to contract time. FISC_AL IMPACT. Funds in the amount ofSI03.047.00 are available in Fund: (411 ), County Water Capital Projects Cost Center: (273511), Combined Water Capital Projects Project. (70859.), North County Regional Water Treatment Plant g-regal Expansion. Ex¢culive Summary , Approve Change Order Ten Il0) Io the NCRWTP 8-mgd Expansion Projecl Page 2 Original Contracl Amount $13,654.984.90 BCC Approved 12,'i6/9'7 Previous Change Orders I Through 8 ('$ 18,881.00) Adminis~ralively Approved Previous Chan~e Order 9 S '70.094.00 BCC Approved I0/13/98 This Change Order I0 $ 103,04'7.00 Proposed Revised Contract Amount S13,$39,244.90 . GROWTH .MANAGEMENT IMPACT: None. RECO.MM__~ENI)A'I__.~ION: That the Board of County Commissioners. as Off/cio thc Governing Board of thc Collier County Water-Sewer Dislricl. approve Change Order Ten fi0) Io thc construclion contracl wilh Milmir ('onslruc~ion. IllC.. ill Ibc amounl of SI03.047.00 for thc NCRWTP Expansion project and authorize thc PWED Director to execute Ibc same. ,v. t j/~?[, Peter Schalt. P.MP. Project Manager - ~ ,~ Public Works En~ineerine Department REVIEWED ~ffrey Bibby, P.E.. Director Public Works Engineering Department ... . Paul Mallausch. Water Direclor Public Works Division A P P R O V E D B Y r-., ~- ~. ,~.-~.~~~.i. -z-~.. D A T E: ~ Ed llschner. ~Xdministrator , · Public Works Division PS attachment: Change Order Ten t~ 0 V 2 ~ CHANGE ORDER TO: .',.lilmir Construction. lac FROM: Collier County Government P.O. Box 9400-A 3301 East Tamiami Trail. Building D 1617 Rowe Avenue Naples, Florida 34112 Jacksonville, Florida 32205 Project Name: NCRWTP- SMGD Expansion Construction Agreement Dated: 12/16/97 Bid No.: 97-2690R Chanc,_e Order No.: 10 Date: C,t',~,ge Order Description: (Attach j'zstification and supponin,-, documentation for th,s change.) See ^uachment "A" - Description of changes and justificatior;' See Attachment "B" - Summa."2,.' of Supportive Documentation See covies of Suavonive Documentation attached Original agreem*.nt amount .................................... S 13,684,984.90 Sum of previous cha.nge orders amount ........................... S 51.213.00 This Change Order Amount [delete] ............................. $ 103.047.0(~ Revised Agreement Amount .................................... $ 13,,339,244.90 ~2 Final Original contract time in caler, dar da.vs ...................... 410 502 Adjusted number of ca!er, dar days due [o previous chz'v=:'e orders . 427 519 This change order adjusted Ii.me is ........................ 0 0 Revised C(;nt,-a:r Time in ce..ler, d~:r chO.s ..................... 427 519 Oriainai Notice to Proceed date ............................ 01/16.98 Completion date based on origina! contract time .............. 03;0[/99 06'01/99 Rev/sed corn.a/cF, o,: dc;tc ................................. 03 'I 8 99 06 't 8.'99 Yot:r acceptance of'this chan:~e order shall constipate a m,.'dit'i, catien to our A:z'reement and ~,. ill subject to all the same te,,"ms ~nd conditions as con=ir,ed in our .4.,'z_reement i,~dicated abc,, e. as fu!b.' as ii'the same ~'.ere repeated in this acceptance. The adjustment, lc'an'.', toShis A,.:'reement shall constitute ~ full and final settlement of an,. and all claims of:he Centrac:zr mdsir.~z~u: of. or rgla:ed to. the chanoe se: forth herein. inciudir:g claims for'im_~,a,a,~d delay costs. '"'- Nick Cooper. P.E. (./ " /"7?Ielcalf/c E.ds~'.'. [nc. ~// - -[5-onald ~.lese. Vice Pres:ge:'.: " ,',,lilrnir Construction. [nc Pc:er Scha',t, PMP. Proj:zt. I ....... ' , Colher Count.',' Ir'WED Re'. ie'.~ ed bi.' Date ~'F~ E, Ig~yI p.~.'. D~rector ~"~Ce~lier Count,. P~,kTD Appro', ed b.'.: Date' !:'-au"l ~ Iartausch. Water Director Public Works Division Appro,. ed bF': .Date: Ed llschner. Public Works Adrr..inis:rator Public Works Division (For Use bF' Owner Fund: Co.,t Center Object Cod,.. Project No: G 'Form.,~ Chang= Order .".lasher doc Revised 01,'29,9g J COLLIER COUNTY NCRWTP 8-MGD EXPANSION Counb/Bid No. 97-2690R CDM Project No. 6295-2].728 _.CHANGE ORDER NO. 10 ALLOCATION TO FUNDING SOURCES Chance Cost. {'Credit) Fund" 70828 Fund = 70859 Order Amoun[ Wellfield NCRWTP Expansion 1 (5400.00) SO.O0 (S400.OOj £ S67,000.00 S0.00 S67,000.00 ; (552.38 I.O0) SO.O0 (552.381.001 I , -' S73.600.00 S73,600.00 0.00 5 (55,070.00~ (55.070.00~ 0.00 6 S20.298.00 ;:~.c,O '~ ~ · - S_0._,98.00 I 'I'OTALS $103.047,00 568.530.00 Ss-.. 17.00 COLLIER COUNTY NCRW-FP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. I0 ATTACH M ENT "A" DESCRIPTION, OF CHANGES AND -]USTIFIGATIO_Zj I Furnish a credit to the Count'.' to cover the cost o."etectrical rower consumption by The Crc,:.~ Co,~er2~ oh's cons:~ction , activities. 2 Furnish all labor, material ~qd e,:.u!?meat to enl~ge the S67.000.00 runaways (from .36" to 42") on each of t.:',.ree (3) existing de~z~sifiers and to replace the "'" ' - ,, ..... =. existing degassifiers. '~ Do,,,,,'nsize the RO feed pumps ~":d VFD's to accommodate ~'$52.3Sl.00) the change to ar, Ultra Lo',,.' Pr,...,,., ~ I-'L'LP) men'crane s?'stem. 4 Establish ne,.,.' unit price item 3.7a for "Groat in place for ~,,.'e!l 573 630 00 surtNce casing" at a unit price of 523.00.~ag for an estimated total quantity ot'3.200 bags. The ,.,.'eight per bag is 94 lbs. 5 Establish a ne,.,,' unit price item 4.3 t'or "Reimbursement ~o [ t$~,070.00) Count,.' for overtime inspection costs" incurred For inspection of pipeline installation through 9 'I 2'98 at the houri.',' rate of 552.00,'hr, 97.5 hrs. at S52.00,,%-. 6 Furnish all labor, material and equipment to remove the S20.29S.00 existing fiov.'meter in the 16" concentrate header discharee in the pipe gallery betov,' the Process Room and replace it with a ne,.,,' I 0" backllow preventer. Total 15103,047.00 ors / IN0~,' 2 4 1998 I ~,t,. ,5' _ COLLIER COUNTY NCRWTP 8-NGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 10 ATTACHI'4ENT "A" DESCRIPTION OF CHANGES AND JUST-.-.-IFICA'qON (Continued) I:ez, No Justification for Change I The Count???' OCP.X.I requested the electrical pov,'er consumption by the Crom Co.~oration in constructing the new Crom 6 oa ' · mt,., storaze tap& be metered and credit for ;he power used be given to the Count.'.'. In lieu of metedn,, the FO`.ver consumption. Milmir Construction offered a lump sum credit which significantly exceeds the anticipated consumption. OCPM and NCR\\:TP staff agreed to accept the credit offered at tine August 11. 1998 Progress N le eti r,,z. 1"he Count???' originally plm~med to enla.-ge the existin2 de~zassifier manv.'avs and replace the media in each via a separate project Cid. 'All bids `.*,'ere in' excess of the NCR\VTP budget and ~tere ,,; ,~,~ r.jec,~:,.. OCPXl requested a proposal from the NCRWTP Expa.".sion project Contractor. (.x. li!mir construction). On 8/2898. the initial Milmir proposal of $69.99'S was negotiated lower ,,'ia phone betv.'een OCP.~I (Pete Schalt). CD.Xl {'Adam Sobolewski) and Milmir (Don Klo.~e) and a 567.000 lump sum '.,.'as agreed on. The benefits ofha`.'in~z .".Iilmir Fefferm the additional · '. ~ ,.*,or,., included having a single contractor (already mobilized) perform all the additional work on the existing degassifiers and having the additional work performed in a timely manner with less potential for delays due to coordination between two contractors. Further, .",lilmir will be Ferfo,'-ming additional modification work on the existing degassifiers as outlined in Chance Order No. 9 to the NCRVCTP Expansion project. Before Change (frder No. 9 additional degassifier work can be performed, the existing degassifier manways must be enlarged. COLLIER COUNTY NCRWTP 8-1HGD EXPANSION Count'y Bid No. 97-2690R CDM ProJect No. 6295-21728 CHANGE ORDER NO. 10 ATTACHMENT "A" DESCRIPTION OF CHANGES AND ]US-i-IFICAI-IO_N (Continued) /rcm *'o. Justification/'or Change ': I: ,.,,'as the Countv's desire to go to mu,.. low pressure (ULP) membrane sys:em in lieu of the original st&".dzrd pressure membrane configuration. Changing the design condition to a UI'P system ,.,.'ill reduce the required opera;lng head for the corresponding flow rates. Reducing the operating head for a ULP system ,,,.'ill reduce the horsepower required for pump motors and ".'FD's from 450 HP to 350 HP and -,-'" ~,.u..,c,. the number of pump stages from I0 to 8. The Count-,' ,,,.'ill realize a cost savings for the smaller pump motors and VFD's of 552.381 and lov. ers.', stem operating costs. 4 The actual installed quantity of',vdl c~i.'-.e, grout for each installed '.,.'ell ',,.'as exceeding the estimated bid qu~:iD' for B'ic~ Item 3.7, by an average of 30% per ','.'ell and the quantity overrun lc:er ,.','ell is projected to continue'for remaining wells to be installed. Section II of the Instructions to Bidders. Pan V,'S-IB of the Contract Specifications allows for the renezotiation oFa unit price '.'.'hen the actual quantity ,.'&?..,'des by more than '~ -o, ' -,', ,.o from the estimate at the time of bid. A ne'.,.' lower unit price item. 3.7a..,v~ negotiated and established at S23.00 per bag of cement, for well surface casing ,grout only. which is a S 15.00:bag reduction from the original unit price 538.00.'bag for bid item 3.7. 5 Count,',' inspection staffperfonned overtime inspection sem.'ices on the raw water main construction portion of the project beyond the normal 8 hours per da,.' and 40 hours per week. Paragraph 22.4 of Exhibit H. General Terms and Conditions of the Contract allov,'s the Count,.' to recover overtime inspection costs from the Contractor ',.'ia deduction from Contractor applications for payment. Ne;..' line item 4.3 in the bid form ',,.'ill be established to provide a means of deducting County overtime inspection costs in the Contractor's application for payment. ":~"'; "~' 5 ot'8 COLI'[ER COUNTY NCRWTP 8-NGD EXPANSIOr,,/ County Bid No. 97-2690R CDM Project No. 6295-2:I. 728 CHANGE ORDER NO. 10 ATT'AQ:HM ENT "A" DESCRIPTI_ON OF CHANGES AND JUST'[FICAT[ON (Oontinued) I Justification fer Chan~e In accorda,".ce with the M&E 4'3098 Tecknical Memorandum. a concentrate discha-ge b?'p~s around the Concentrate Pump S~afion and backfiow preventer in the proposed bypass were to be installed. The pu~ose of this cost savings by minimizing the use of the additional work %vas rca[iz~ pump s:ation ~d ~o satisS' FDEP r¢quiremCms r~g~din~ backfiow prevention from the injectien ~vdls. Upoa P~aher investigation p{pin~ ~d valves it w~ detrained thc Concemra~¢ Pump Station could bypassed ~(~h ~he existing under,round pipin~ configuration. However, the backfiow preventer w~ s~ill necessar.. Nlilmir's initial proposal for S23,505 a n~w backfio~v pre~¢a~er in place of an ¢xisfin~ IO I~mish and ins:all redundant flo~meter in the pipe gatleO. ~e!ow the noah end of the Process Room. The cost proposal w~ accepted and Milmir was directed to proceed based on discussion with OCPM. CDM and Milmir on g/2s/gs and OCPM approval at that time. The cost progosal was subsequently reduced 520.298 when i~ ~v~ dete~ined ~d agreed by M&E. two (2) HDPE 16"Xl0' reducers couId be used in lieu "=, o, t,,= originally proposed s~ainless steel reducers. ::,:-:.,: 6 ors I~0V 2 ~ I998 :'[ pG. i' .'[ COLLIER COUNTY NCRW'TP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE. ORDER NO. 10 ATTACH M ENT "B" ,5_U__PPO RTIV E_DOCU M E NTATI O.N C ..... =. Order Docum,.::~t Descrigt!e.n Document Date Item No. I Credit proposal from 5lilmir Coz~:rcc:!on For -o~t'e- 0T 16 9$ consumption N.' The Crom Co.~_..~... 2 Xlitmir ini:iai cost proposal ~o enl~-ge :kree exis:i~g 0S 27 9S degassificrs. v,og~-~* ~ase~ en 8 2S ~S 08 9S negotiation. Supersedes~,a.~..'-'"-; g-o-e~,'. , .-. ofg 27 o~ : Memorandum l?om NI&E to CDNI ,~Z OCPNI ~vi:h RO 02 18 98 I~ed pump design crlte~a. ; ~lemorandum l;-om NI&E to CDXI ,.vi:~. dowz-siziag 03 05 9S details of RO feed pumps and VFD's. ' Letter from CDNI to Xlilmir Co,, ....~aon requesting a 03 06 98 proposal. : Crc J:,: prog,,sal ~om Nlilmir Cons:r:c:ion to CDXI. 03 06 98 ' .,~c.,.v ........... fro::: 1I&I5 to, C'F)?.',.:,~," ......... ....... =.,u~ ...." 03 !,- c/V COLLIER COUNTY NCRWTP 8-HGD EXPANSION County Bid No. 97-2690R CDN Project No. 6295-21728 CHANGE ORDER NO. 1_0 A'1-I-ACH M ENT "B" SUPPORTIVE DOCUMENTATION (Continued) Cost proposal from ,%hlmir Construction to CD~I. 07.'23 '98 reqt'.es:ine establishment ora r. ew uni'. price item. .Minutes of negotiation meeting to establish a ne,.,.' unit 07 28 98 price item for :,.'el! surface casing grout in place. CD.',l..Missi,mer calculation of tEe estimated total qua:rarity 073198 fl>r ',,.'all sur;~ce casing grout in place. Count:.' summaQ' of ove:-time ins?cc:ica hours Ferfom'~ed 09 i.4' 95 bt.' Count:. ins?ector on pi?dine constr'uc:ion, CDM letter to Milmir with 9 14 98 surnmao'ofe','eaime 09 IS 98 hours and houri':' rate. Para:zraph ''''~ ' of Exhibit t-[. Contract Genera! Te,,-'ms and N a Conditions .XI&E technical memorandum re~ardin~ the Concentrate 04 30'98 Pump Station bv-pass and backfio',,, ,.,r,, e,,te,. Request for cost proposal to f',.:mis?, and install the bypass05 '1 '~ 98 and backflow preventer, from CD:,! to Mi!mir. Milmir initial cost proposal for 523.5155 using sta me.s 05.26'98 steel reducers (2 required) to fumis?', and instalI the backt'low preventer only. Milmir revised cost proposal to f',.:mish and install the 08:31,'98 backflow preventer using HDPE reducers. Supersedes initial proposal dated 5/26/98. Milmir Construction, Inc. PROI'OSED CItANGE ORDER P.O. Box 9400-^ No. 0016A 1617 Rowe Ave. Phone: (904) 768-2300 Jacksonville. FL 32205 Fax: (904) 768-6494 TITLE: Temporar3.' Power @ Crom Tank DATE: 7/16/98 PROJECT: N. Regional WTP 8MGD Expansion JOB: 9801 TO: Camp, Dresser & Mckee, Inc. CONTIL,S, CT NO: 9801-MAIN $011 Vanderbilt Beach Road Ext. Naples, FL 34108 ATTN: Adam Sobolewski. P.E. RE: PCO To: CDM From:MILMIRCO Number: 0016A D£SCR/I:q'ION OF PROPOSAL Due to thc limited amount of power being consumed for thc Crom taa'.k consmac:ion activities we we prol~osing to use d",e owners electrical system ~d give t~e owner a cre&t of .$400.00 to offset thc cost of pov. cr consumed by Crom's construction activities. This figure is based on me:er readings at our cons,,"ruction trailer complex. '~,'e appreciate .,.'our consideraUcn of th:s request Unit Cost: $0.00 Unit Tax: S0.00 Lump Sum: 50.00 Lump Tax: Total: SO APPROVAL: ~ O By: By:/~ Donald'. Klose, V.P. Adam S ' Date: 7///~,/~o9, Date: vt,. t! .'~ir Const~cfion, ~c. Ta~S~~ e.o. ~ ~o~ No. 00435 17 aow~ ~,c. Phone: (~) 76~-2300 ~vi~e,~ 32208 Y~x: (~4) 768~94 PRO~Cr: N. ReDo~l WTP 8MGD Exp~sion DA~: 8~7/98 TO: O~ce Of Capi~ Proj~ M~t. ~F: PCO No. 20A 3301 /~i~i Trail ~ N.C~e~on~ ~ Exp. Coun~ Go%~. Cent:r, Bldg. D Collier Count, Nnpl~, FL 33962 AT~: H. PeY~ Sc~l~ P.M. ARE SENDING: I SUB.MYYT£D FOP,: { ACTION TAK~E~,: ~ ~ ' , ~E,M NO. COPIES DATE ~ N'U.~IBER REV. NO. D~I~ION I ~ ]7/98 PCO 20A ~O No. 20A - ~g~ificr Mc~ ~pl~ncnt Rem~r~: Dcn~d L. ~ose, V.P. CDM · COLU~: * 3 CC,.5'cUC'~'....~ CO[LI[%CO ;IELOOFF1C[ CO EmD NO 97-2690~ CDM Pt~ 6295-21728 .0. NOV 2~ 1998 08128/98 08/28/9~ 09:,19 'g~904 ?~ ~49.1 ~ ¥IL~IR CONST , ~ CD~ NAPES ~002/007 , Milmtr Const cfion, Inc. PROPOSED-CH~GE O~ ~.0. 8~ ~A No. 0020A 1617 ~ Ave. ~one: (904) 76g-23~ Ja~nville, ~ 32208 Fnx; (904) 7fi8-6494 PRO~:N. Regio~ ~ 8MGD Exp~sion JOB: 9801 TO: C~p, Dresser & Mckee, Inc. CO~~ NO: 9801-MA~ 8011 Vand~b~t B~h Ro~ E~. Naples, FL 3410g ATTN: Adam Sobolewski, P.E. RE: PCO To: CDM From:,MILMIRCO Number: 0020A DF-.S~ ON OF/'ROPOSA. L ¥, c propos~ lo l~ro~sh nil ,abor, m.tct~. ,xnd ~c,u~prncnt to modify tl',,¢ cx[stl,ng &.'g~ificr manways and replace the mcdia for c.~:h of the ~rce (3) e.x;stLflg dcga.~ifier$. All work will I~ In m:e.~txl~'~ wtlb Ibc ~q~:hed specifications (d~g~atext ~ddcr~dum no. 6. Unit Cost: $0.00 Unit Tnx: S0.00 Lump Sum: $69,998.~ Lump Tax: S0.~ To~h S69~98.00 APPROVAL: By:~.p. By: Adam Sobolewski, P.E. 08/28/98 08:55 TX/RX N0.2259 03/25,'g~ 1~:.,98 "~90.1 ?83 81g.l I~ILI~R CONST ..,..* CDII N.~PL.E$ 1~001/o03 Milmir Construction, Inc. PROPOSED CHANGE ORDER ~.0. ~ox 9~oo-^ No. 0020B TI~E: Kcplace Degasifier Media DATE: 8~8/98 PROJECT: N. Rcgional %~ 8MGD Exp~ion JOB: 9801 TO: ~p, Dresser & Mckee, Inc. CON'~4~ NO: 980t-MA~ g011 Vmnderb~lt geack, Road Ext. NapI~,FL 34108 AI'q'N: Adam Sobolcwski, P.E. IZE: PCO To: CDM From: NflL.LflRCO Number: G020A DE.SCRFFTION OF' PROPOSAL Wc propose Io f,~rntah all labor, matttia[, and ¢.~ui~mcnt Io nlod~P,' the exi~in8 degamfler manwuy~ and r.-'plac~ ~: media for each ofthe d~rce (3) cxi~ing d-g~iflcr~ All work ~,dl be ;'c aCCor~t,~c- ~ith~ the at'ta?h,,~ Uni~ Cosl: ., ~ _, f~ Uni~ Tax: $0.00 To m I: S67,000.00 CD'A · COLL'~ CO. CGhST~UCTiO'~ SVCS I ~. ~<,/~ ~c~ C3:.: Pr,. [295-21728 APPROVAL: Donald L. Klose, V.P. Adam Sobolcwski, P.E. I ,ov2 08/28/08 11:02 TX/IIX N0.22([' P~;'-'-/'~,q; 05?25/95 11:~? ~90~ 7~S ~4 ¥I~IR CONST --- CD~ NAPES ~003/003 ,~.,. 16 08/28/98 I1:02 TX/RX NO. 22t;0 P.003 [] 09.'2~,'9~ 09:50 "&2'90.l 7~,~ ~.lg,l ¥'~L.~IR CONST .... C~ ,~'AP~S ~005/007 C~. ~. N. REG. ADDENDUM NO. ~ener~: The Con~a~or shall be ros2onsJbYe for the complete m~ion of three (3) 11 '-0" diameter. FRP deGas~tjon lowers Io~ed at thc No~h Regional Collier County Water Treatment P~a~t ~oca~ed a~ 8005 Vande~fft Beach Road E~ension. tn Na~les, ~-~ght tO ~h~ne thr~u~ -E~u---n-t.O_rain: Thc. Ccnt,'actor shall ins-t~l a tem;crary water seal in t, he base of the' degasifiers to prevent He intrusion of foreign materials frc, m entering. ~e catch tank and drain lines below thc: towers. The temporary plug shall be Installed and will remain in place until such t~me as the u'nr~' storage sumps have been properly cleaned and d~s,nfected. Upon completion of the final cleaning --,nd removal etr all foreign m~t~er, the temporan/p~ug shall be removed. M.edla ~emq_v_~. The Contramor shall be responsible fcr Ihe removal of 1500 cubic feet of 2" random pack media from each of the three (3) currently cperational FRP degas/tiers cn site. The contrac¢or sha!l dispose of the 2' random pack media at lheb' cost or as direcled by the ovmer. The Ccntractor shall coordinate all field acUvitJes with the facility manager to arrange an apprc~ved time in which the degasificaJion units can be removed. Fa?'~J'~-~'gLL°rn ~SuP-,P..~: Upon removal cf al~ media from each vessel, tho false bol:tom support plate will be cleaned and ~'nspe~ed. The Contraclor shall pressure wash support plate and shall remove all foreign marten or broken pieces of r71c, dia. Each support plate shall be inspected end free h'om cracks or dam. age. Pi.r,~p-Sy~ : ~T..~._~Cw,;' ' ' ~em~,.,~-~.~ .~, .., ~~'r~ i~ ...... -'r ~-~x~..,~~,~4~c NOV 2 1998 Bid No. 91.21~ 'D¢lasific~' Mcc[~ ~,~]~cct'nrnt z'Dcl~t~G~, [.{~a,Zc~' P~cpIxcmrm ]%~ ? ADDENDUM NO, 6 ........... ~ .............. ,3 d in:4~._-~ Cf ,',be WarranW: All work will ~_¢v~ R minimum qqe,,,,~l) year reolacemenJ 9f ~¢v fa[fin= Dads oF Vessel ~leanin~: The C~:ra~r shall be res~nsible for pressure washir,g ~nd d~nfe~inD ~ in~em;I wails af each FR~ dega~ifmer A~O: removal of ~he old media and prior to the repac~ng, all wash w~ter shah ~e ~n~[ned nnd removed from the degasifior with all foreign ~9d~¢ R,epla~eme~: The Cont~c~r sh~t furnish and instil 15~ cubic fee~ of l~se fill 3.5" diameter, ~lycropylene media in~ each cf tho [nree ~.11' diameter x 20' ~11 degasifiem. ~e media shall be Ice.fy fiil~ a~ level~ in li~s cf not ~re ~an 5' at a time. making sure there are no uneven locations ct voids wRhin the pacing. The med~a and s~c~age sha~l ~ the rusponslbil~ of ~e ~n[rac~r. Tho media shall be Jaeger ~r~Pac, cr 3n ' ~ .... ~ ...... ~c. ~-,4:~Poc=k ~/'~%cl'-cr~:~, 7r;,~c~.., or Lan P~The use of 2" diameter m~ia w~fl not ~ all~ed Man-way ~e~tacemq~t: Upon comple¢on of all internal work. the Contra¢or shall remove all tomporaw plugs, conclude any addit~nal Intedor cleanup, and replace a~l man-w;yswith new gaskets. AllsminJess steelha;dwereshnllbetighten~d toprevent leaks. ~Jea~U~; The Cont~¢or shall be responsible for ~e removal and proper disposal of allwn~te. The owner rese~esthe dghtt~ ~eepand store all removed items if ele~ed. ~1 outside sudaces of each degasifler shall be cleaned and all ~ncrete pads will be c~aaned and washed as required. Qualif[¢_ations.: The Contractor shall be experienced and qualified with lhe process requlrect for se~-vic]n9 and denning degaslficaSon towers. The Contractor shall have personnel ,who are cerlJfied and trained in the OSHA requirements for Confined Space calc. ul~icr~c. The Contractor shall have a minimum of five (5) years of experience in providing servic~ for degasit~ers and shall provide the owner 'with a Ilst of a minimum ol 15 projects where the Contractor has performed media remo,.,al and replacement. referenced list shall bo submitted as part of the bid. Oyantit[.e~: The quantities listed in the Contracl Proposal are approximale and are for the purpose of bld evaluation. The County reserves the right to order such quantibies a~ may bo required dudng sam period, bul does not guarantee any minimum cr maximum to be ordered during the pedod s~,ecJqSed. ,Award: The General criteria thai will be used for the evaluation cf this [:id is set forth in the general bidding requirements alan9 wlth the responses as slated on the bid proposal pages. Award of bid sha:t be m~de to the lowest. (:;ualit'~ed and responsive bidder(s), Terms of Coqtract: This contra~ v, ill commence on t.h,e date cf award by lhe Board nf County Commissioners. The veneer will have 30 days ~o c~rr,,plete from receipt of "Nodce to Proceed'. S_.~La~H_~.e.: Collier County Government, is a member of the SW Flodda Purchasing Censer'Jura. It. is hereby mnde a pa~ of this Invitation to Bid that the submission of any bid in response to this pubhcJ:zed rec;ues: constitutes a bid made under tho same condi'Jons, for the same contra:-t pr{ce, to the giber members of the Raid Consodium. ?T_~m_iD~: Should the Conlract~r be found to have failed to perform his services in a manner satisfactory to the County as per Spec~f'c..odons, the County may terminate this Agrcorrmnt' Immediately for cause; further the County may terminate Ibis; Agreement for convcnience wkh a seven (7) day written nodce. The County shall be sofa judge of non-performance. NOV 2 19 8 .FEB~IS-~8 ~ED 17:25 P. 02/12 Met. calf & Edd j, An A~ & Wemr Technologies Ccm~r%, DATE: F~ruary 15, I995 TO: P-dch~d Moore - CDM Peter Schak - OCPM F~OM: Jon~th~ Hzsson SIrB/ECT: RO ~e~t Pump 1R. ccv~u~on COPIES: Nkk Coopc~, M&.E John D;dly, P,.ESPOND We Mvc compl~cd ~e ev~/uadon of thc RO £ced pump r~t b~ on the Coun~"s dele to go to mcmbr~es. We hzv~ dea~r~ tMt a rMu~ion ~ ~e number ofp~p s::~es, s~c of pump motor~ ~c or.ap ~ ddv~ ~ po~ble, ~iuh a potenda mpi~ ~ ~ngs ofappro~atMy 513,000 p~ in~ p~p. ~e oH~ s~nd~d prcssurc m~b~c co~on ~cd ~ ~on Pumps 1~12x14-10 s~e p~mp m provide ~c opeafing ~ndi~on of lg55 ~m at 693 ~ TDH (= M~ ~p~. TMs de~ req~red ~e u~ ora 450 ~ rector ~d ~ dHvc for ~ch pump. ... Ch~g ~e dc~ con~on to ~ DZP sce~o (I~53 ~ 3]9 ~. ~H at st~-up: 1853 ~ 531 ~H de~ point) ~ reduce ~e req~ed oper:~g h~ for ~c ~c~pon~g rc~cd flow ratcs. Once ag~ ~ ~on ~ps 1~12x14 p~p ~ be use& howler, oMy g r~es ~e req~. ~ pump opine a: e~dendes ofappro~te¥ 75 ~d ~0 p~t a~ ~he low ~d M~ ~peed ~ndklon% r~c~ly. The rcq~ motor hom~ow~ ~ bc ~u~fl ~ u~g ~c S-r~c p~p des . ~e horsepower %~ drop ~om appro~¥ 410 ~ (~50 ~ motor ~d ~ ddve) for ~e ~d pres~e m~br~ ~ appro~ly 311 ~/199 ~ (rat~ ~n~do~-up ~n~oh) (350 ~ motor and ~ ~ve). K~p~ng ~e ~t~g d~ is not d~ble ~n~ ~e ~do~ on ~e cu~ently dcs{~ ~ ~l] bc ~ccss of 55 p~c~ wMch is not r~o~d~ by the ~ve m~~~. With uhe new, g-~e pump d~ ~e ~ ~I ~e a m~um ~do~ of 43 p~'~ w~ch ~ ac~pt~le. B~cd on ~ n~ pumping c~~c~, ~c pot~d~ ~pkM ~ ~g~ for the D%P pump re~g ~n~o ~ 1. P~p~ 0~s 2 ~e~ ~/350 ~ motors) ..................... $9,500 p~pump 2. ~ Ddvcrs (350 ~ ~) ...................................... :$3,500 p~ ~c to~ pot~d~ corn ~g~ ~ no~n~y $52,000 b~o:c ncgodadons. Wc rc~d the Counu approve the usc ofth~ new pump~g ~o ~d obt~n thc nom~ cre~t ~52,000 ~om ~e Con~s~or. Bac~p data for tMs m~o~dum ~ au~chcd fo~ your r~ords. Plca~ conm~ us ~you havc m~y addit~on~ ~mmcn~ o; qu~6o~. (713) 92.3~ 1 February 9, 1~9~ KO Fee~ Dear Jo~athan: pressure mcmkr~ne pe...rm, aace re~iremezt~ .... Am you c~n see by icck!'ng at t__ curve, ~he efficiency ~t lS53 GPM & 531 ~t. TDH remains ~0%; %he start-:~ condition o~ IB53 The 'design ccndlticz iz met by op:ratin9 .' at (a;prcximatm!y 17~0 KPM). Thc Brake Horsepower (BF3) for the rate~ condition in 310 '6 an~ the lower ccndi/ic: (stmrtrup) the RE~ !~ I~9 .... .You ca: czpcct a n~al full lCa~ ~:~ici~cy Cf 94% cz tho electric motor (sine wave pc~er only). I hope ~hat the. ;tt:cho~ information will b~ helpful at your moetin~. The cost c~ the ParDs ~,6 ~:tcra u!~I be a~out $ 9,500 less per ~uit. If you kay= any questions, please ~eel ~ree ~c give me a Sincerely, AFTC~ ~U~S, INC. DD:cm~ 14' :'. I V 2 1998 k--zz'"?,~;:---.4 [--- {'''' i "" 1 I AFTON PUMPS. IN~. L-- I t; NOV 2 ~ 1998 .FEF.,-18-98 IqED 17:26 P, 06/I2 FE9:lS~9~ ~ED 17r26 P. 07/]2 Th~s mcmcr-a, ndum chsc,.:sscs thc usc of~c pre~eusly s~e~ed KO feed pumps ~vcn z ch~,nge ~'om s'~ndzM-?rcss',..,rc to ulu"s-Iow-prcssurc ('ULD) RO Thc RO fccd pump modc] prc',~ous[y sticked is A.,R~n P~.:,tps, Ir, t;. ~-95-! 140, (wr~c~l t'urbine), v.'kh 14-inch Lm, p&l~', oper'zdn_= ~.: 1'7'70 rpm.. The pump ope."a'.~s p~'ccnt c~. cicncy a: its best c,.~ci~nc-y pch'u, 1~.~5 ~...,r:,~.-~., d93 ~ TDH (1770 ~m) The motor i~ 450 bp, a~'~d there is a VFD. U~¢ of Pump ~ Previously Specified The ULP membra.ncs will requk'e ~e RO feed pu=.~s to deliver 1853 gpm b¢,'~¢en 319 F, and 531 feet TDFL This correspord, s to a pump spee~ bctwe~'~ 1439 and 1632 rpm ffigure 2). The pu~ c~c'-iency will v-a..,-y bet'we~ ~.bout 73 a~d 79.5 l~e:'.cent 1439 r~m rc?rc~¢nc~ et turn-down orS!% for a ~vv'TD ,-.:~ motor ~ed for · mw~.m, um s.;e~ o~ 1770 ~m. T'n~s is accept~le. A g6O hp motor ¢oul~ F.e z~d (350 hp powerdraw). It may alto be possible to use a smzl.le~ VTD. A~ the lowest spee~ (1439/'pm), the l:ur,,p v,i. lI o~e;~.:e :'.ea.r run.out. ThSs may be ~ccepczb!e, but the pump ma.nufactu.re:' should ver:,fy ~.is. Re.ducing Number of Stage from 10 to g For a multi-~ge pump, the head dcve[o?cd for ~. given ~ow ra~e is proportion~l to the number o~' 's',2ges. The ratio o£TDH, at the rna.~.um s3eed ~o the ~.~11 spee~ is 531 fV693 ~ or 77 percent. ~o 8 or 10 xt~gc~ ce..~ be u~ed (80 percent). Metc.~lf & Ec~dy. Inc.oMetc~If & E~dy Te~hmologie$.M&~ PacJf~c Anderson Tesiing. PIECO.Zecco NOV ;2 1998 FEB-,18-98 ~ED ]7:26 P, 08/12 With 8 stages, the pump will opera:e betwee_n 1516 and 17~:4 rpm ~igur, 2). The efficiency will v'a,.'y berv,'een aborn 77 and 80 percent. A.s with the previous case, a 400 hp motor (350 hp power draw) could be tried, l't may also be po;.~'ble to use a sznaller VFD. The $-r,,age pump ix further from run-out a: the Iowes', speed. 1998 17:27 P. 10/12 FE2-18-S8 WED 17:27 P. 11/12 /- -' r'c:-' ~__ o',, o ~ ~ ° i NOV 2 q 1998 F. EB-18-~8 WED 17:27 P, I2/I2 [] gOO'a OL9'~'ON X'l:t/×£ gC:9l e6/SO/£O - "~ e · ~etcalf & Eddy Azl~r&Wa~Tec~r)ok:~e~Ccm~.~.rTy · ,,*i: - .. :. .- TO: Adam Sobol~zs~d - ~~: KOF~p~ COP~: ~ on ~~on~o~ of F~ 18. 1~8 ~ w~' ~ to p~ '~' a ~ ord~ m mo~ ~k¢ r~ o~o~ ~ to ~ ~H~ by A~n p~ ~ ~Imir Co~on to pm~d¢ ~sm for ~ foUo~g moP.dons for 1. Ch3n~c ~ ~ps 1~1~I~I0 rmge to B r~. 2. Ch~ngc ~tor s~ 5om ~50 ~ to 350 3. C~e ~ ~ ~om 450 ~ to 350 ~. 2ff,03 Der Pra¢o ~oCe',,a~. Sure ~ M~ch 6, 1998 ~. Don~d ~ose ~A FACS~_~ ~ce Pr~ident ~r Con~o~ ~c. P.O. Box 94~-A 1617 Rowe Avenue Jack,e, ~ 32208 Re: Co~ier Count, NCR~ 8-MGD Exp~sion Co~ty Bid No.: 97-2690R CDM PN: 6295-21728 CDM Doc. No.: 123 RO F~ ~mps - Reque~ for Propo~ A~ach~ pl~ ~d a M~ch 5, 1998, Met~& Eddy memo~dum out~&g ch~ges to ~e rever~ osmosis ~O) f~d pumps to be ~flefl at the NCR~. ~e pump ch~ges ~e neces~ to acco~odate the RO memb~e ~em desi~ motivation to a pr~re ~stem. Iow PI~c proGde t~s office wSth your cosffcredit propos~ to ~sh ~d ~st~ ~ pumps ~d ~'s sp~ed on the amched. Pl~e ~clude ~ appropHate br~dowm ofco~s ~or er~im to ~ow ev~uation ofyour propo~. Sub~n~ ofyour propo~ ~t~ a week or ~Ser would be appre~ated to ~i~ ~ a t~ely resolution offs c~ge. Should you have ~y questions or need ~er i~omatio% pl~e do not h~{mte to ~nta~ us. Ve~ t~ly yours, C~ D~SSER & Mc~E ~C. Ad~ Sobolewsk;, P.E. ~SAmw - xc: Pete Sch~t, OCPM Ed F~ Collier Coun~ ~y Broc~ ~l~r Field Office ~ck Cooper, M&E ~ch~d Moore, CDM NOV 2 q 1998 'Milmir Construction, Inc. PROPOSED CHANGE OR. DEl: P.O. Bo:, 9,~-A No. 0000; 1617 Rowe Ave. Phone: (904) 763-2300 Jacksonville, FL 3220g Fax: (904) 76g.6494 TITLE: Low Pressure Feed Pumps DATE: 3/6/95 PROJECT:N. Regional WTP 8MGD Expansion ,JOB: 9801 TO: Camp, Dresser & Mckee, Inc. CONTRACT NO: 2503 Del Prado Blvd. Suite 200 Cape Coral, FL 33904 ATTN: Adam SobolewskJ, P.E. RE: PCO To: CPM From: MILMIRCO Number: 00002 DESCRIPTION'OF PROPOSAL ' ....... "'°' '"'/: -';.::': Per our verbal discussion with blt. Nick Cooper, P.E., and in an effort to expedite the process, we are offering this proposal to convert the R. O. Feed Pumps to a Iow pressure system· The Aflon feed pumps will now be 10x12x14-8 stage pumps with 3.<0 HP e!ec~c motors. The efficiencies, pump curve and outline drawing provided on Febma:'y 9, 1998, directly to Metcalf& Eddy, apply to ',.his offer. The only electrical revision ',,,'ill be the downsizing of the respective VFD's to 350 HP sizing. As you me aw~e our Notice To Proceed was limited as it directed us no: :o order the above pumps pending this possible change. Please note that our construction schedule shows March 10, 1998, as the late date to order these pumps. This means we have exhausted the 37 workdays of total float that was provided for in the schedule. Should we experience any problems with d',e approval, delivery., or _ assured: of these pumps ',ye reser've th right to request an extension oft;amc :o office the float ',ha: was consumed b':' this process. Rest we will make ever?' effo~ to compress the procument time for these units. Item Description Stock~ Qua.ntity Units Unit Price Tax RateTax A.m. ount 0000 Rcvise RO Fce~ Pumps (see 4.000 each (S$.8.<4 00) 6 06% ($2.124.96) ($35,416.00) ar:ached A~n 0000 Reduce VFD Size ~o 550 HP (see 40C0 eaah ($3.500 001 6 %°, (58.:'0 00) (514,000.00) a~tached Gul£Sta~e= ~---' Unit Cost: (S49,416.00) ~- COLLER CO. Uni~ Tax: (S2,964.96) eO,~"Tm. ICnON SVCS ~C:C Lump Sum: S0.00 A/. ~2',o~- _~q_~'b'~ Lump Tax: S0.00 ~. _~./~x;~ ~,,r/) Total: (552,380.96) CO. BID NO: CDM Pti: 8295.21728 CAMP DRESS[R & McKEE COI. LI[~ CO. Iq£LO OFF~CE APPRO,;AL: I NO.~ By: Date: 3/6/98 Dale: "- SEN~:BY.;.~.Ak'XON.P'L~S. INC. ; 2-2.5-08 ; 4:21P~ ; ?139233002-, ...... 904 768 8494;#.1/ . !ir;":.~''''';. '" : ...... ... g426, Houslon, Texas 772B-I.9,C2B FAX: (7'13) g23-3g02 Pl~ono: (715) g23-gTD'l February 25,1998 Milmer Construction, Inc. Fax ~u~ber: (904) 768-6494 Attention: Mr. Don Klcse Ref'erence: R.O. Booster P.O. No. 9801-P029 Lower Pressuro Option Mr. K] ose: The follouing price deduct is for the supply of 10x!2x!4-8 stage pu~mps with 350 HP motors in lieu of the 10 stage~450 ~{p units originally proposed.. The deduct is $ 8,S54.00 per unit, with a total deduct of $ 35,416.00. This deduct applies to the discounted price shown on the Purchase crder. The efficiencies, pump curve and outline drauing provided on February 9th apply to this opticn. If you have any questions please giv-- me a call. This should you to speed up the process once Hetca]f & Eddy requests the louer pressure pumps. :. In the meantime, we will continue to have these units "On pending a decision on the pressure. Yours truly, AFTON PUMPS, INC. Davtd Derr DD: cmn ,0. ~ ..... ~ ~.~--~--98 ~HU ~6: 1~ PM GULF STnTES, XHC. 94 I 26~ ?328 P.~I GULl: STATES, II'lC. N~pl*s, Fl. 34104 Slat~ Certified #EC343 Phone 941-263-7137 F~ 941-263-732~ March 05, 199g Don ~osc ~ Co~c~ ~c. PO Box 94~-A 1~17 Rowe A~z. Jac~ow~e, HoN~ 3220g NORTH REGIONAL V~TP 8MGD EX~'A~NSION REDUCE SIZE OF MZ~fBR.~NE FEED PU%IP VFD'S Dear Do~ Per ).'our r~quest I h~r,'e prepared a propo$~ to changc the siz: of~e V~'s for ~ps P-207, ~ P-20g, P-209 ~d P-210 ~ ~c 450 ~ ~J~ c~ ~ho~n to 350 ~. ~c s~ sho~m b for ~c ~'s o~/~d no e~cr cb~cs to ~c ~fion system ~: ~cluded. 7a~5~ Amount for~ S~es Tax To~ Dedu~ $3,500.00 S14,000.00 5840.00 $14,840.00 Plcae ad~is: {fi can be of furth:r assistance in thb rn~rter. /~-~?-gS ~ 16~I4 P. 02/02 DATE: M~ch 17, 1958 TO: Adam Sob~lcwski, PE FI~.Ot~: Jorm~h~n H~n, PE SU~: PCO ~o. 002 ~e~po~e - NC~ ~on CO~S: ~k ~op~, ~PO~ ~/A The follov~g ;re.ms dis~c~ o~ recourse to PCO No. ~2, ~ ~d approv~ for the do~ f~ng of~c ~0 f~ ~ps ~d ~s. ~c cr~h o~ ~th ~ ~y ~ ~[~ ~ us~g CJs c~ngc t~t ~e ~ ~didon to ~e co[~ of~e o~ b;d item shall be t~ r~ns~ili~ of~e Con~or. Pl~ ~m~ u5 ~you ~ ~y addhicnal que~omq or ~~. I NOV 2 q l gB 03/17/98 16:21 TX/~X NO. 1689 P.002 j 07/23/95 10:05 ~'90~ 708 8494 I~ILMIR ¢O,'~'ST ..~ CD~ NAPES ~n01,001 Construc rio n, nc. PROPOSED C~'G~OT~ p.o. ~ox 9~-~ No. 0OlTA 1617 ~w~ Aw. Phone: (9~) 761-2300 l~onvi~e, FL 32208 ~: · New Pay Item - Sm't~= C~ing ~out DATE: 7~3/98 PRO~: N. R~gional X~ 8MGD Exp~oa JOB: 9801 TO: C~p, Dres~r ~ Mck~ inc. CON~CT NO: 9~01 -M~N R0I I V~derb~ B~ach Koa~ N~I~. FL A'rTN: Adam Sobot:wski, P.E. RE:: PCO To: CDM From: MILM]RCO Number: 0017A DIL,SC.R. ElrrlON OF PRO,POSA]L, Per ~¢ aecls;on e~m:h-..<l du~ng ~r f~us ~oup meeffng on lu[y 15, [~8, ~e ~n~ct~ Youngqu~t Brothe~. /nc ~d ~k~ ~cm m consieer ~bli,hment ofm n~ ~ent ~tem for "G~ur D. pN~ for ~ce min~" ALcr much discu~ion wi~ Youn~qui~ 8ro~,c~. Inc. we ~ offer mc fouow[ng proposal. Pay I~ 3.9 will have ~{ ~fc~ ~ suff~e c~ing ~mov~. A new ~y~nt n~m 3.7~ will ~ ~mbl~ for "G.~: in pl~e for s~ace es~l~ m~ p~- ~ lb. b~ of c~en[". ~e new ~it price will be 52625~g. ~is ~p~en~ ~ ~duction of SI 1.75~g 00%) ~m Pay 1~ 3.7. '~c a~ p~ce h b~ on a p~ price of525.~ ~m Yo~Squ~ ~d m 5% ovc~d fee by MJlmir. Pl~c can.t Milmir Construction. Inc. if you still feel ~e ne~ to ~he~ulc a meeSng far ~r. hcr discussion of~ts progosal.. APPROVAL: Donald L. Klose, V.P. Adam Sobolcwski, P.E. .~, ~.. / / ~, 0 lgg8 07123/98 09:11 TX/kX NO.2112 P,6Oi COLLIER CO UN'IW NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 NEGOTIATION MEETINQ July 28, 1998 10:00 a.m. Purpose '['o negotiate a new lower unit price for well surface casing grout due to the anticipated overrun of Bid Item 3.7, in accordance with Section 11 o£the [nstr~dction to Bidders, Pa~ (WS-I'B) of the Contract Specifications. Attendance: See attached Attendance Sheet. MINUTES · Original bid unit price by Milmir for Bid Item 3 7 ,.,,'as S3g.00/bag x 8.500 bags = So~,O00 · Current average overrun of the estimated grout quantity per ,.,.'ell is 30~i; and this quantity overrun is projected to continue. proposal proposes a ne'.,.' unit price of · Milmir~'oungquist 7/23/95 S26.25/bag for sun'ace casing grout ord.',', a 31% unit p,fice reduction · CD.',.t/Missimer felt a unit price per bag of Sl7 to S25 was reasonable based on industr'v price ' ' · · hJs~oo. · Milmir offered to delete their 5% mark-up reducing the proposed ne'.,,' unit cost to 525.00,'bag. · Youngquist then offered to reduce the proposed unit price by 5% to $23.75. · CDM/MJssimer suggested a compromise by both sides and agreement on $22.40/bag. · Final agreement was established on S23.00/bag for surface casing ~out plus a lump sum credit to the Count}' of 120 bags at S23.00Poag ($2,760) for well ~ surface casing grout. · Upon concurrence by the Count,:'. CDM ,.,,'ill draft a change order creating a new bid schedule unit price item for well surface casing grout N 0 V 2 ~ Camp Dresser & klcKee Inc. S~p[ember !~, 1998 Mr. Donald ~ose Vice President N[ilmir Constr~ction, P.O. Box 9400-A 1617 Rowe Avenue Jackson~ille, FL 32208 NCRWTP - 8~gd Expansion County Bid No 97-2690R CDF~lProSec:No 6295-2172S CD.Xl Doc a 704 Collier Ccur,V Oveaime Insaec:icn Costs For Pipeline Installation Dear Mr. Klose: At:ached please find a summao' of Collier County oveaime inspection hours incu~ed for insgection ogpipe!ine instal!ation beyond ncrmaI working hours by NL- Steve ~::er, through~ September t2, 199~ Normal working hours ara S hours per daf', z0 hours per weak, as de~ne~ in Exhibit H, Paragraph 22.~, General Te~s and Conditions of the Contract. Con~rac: conditions (same paragraph) a!low tee County to recover :Ease ovemime costs from the Contractor via deduction From Con:fac:or applications For payment. CDM will incorporate these deductions as a credit chang~ order item in the next chang= order, a~ discussed at progr~s~ MeetingNo. 9 on September 15, 1998. The hourly rata :ha County charges is $52.00,inr Should you have any questions, please give =e a caII. Very truly yours, C:%N~ D~SSER ~ Mc~E ~C Adam Sobolewski, P.E. ~MS/mb .Attachment xc: Pete Schalt, OCPXI Richard Moore, CDX[ ~G~ t 2 i such work. must, if requested by Project Manager, be uncovered-- observation. Such uncovering shall be at Contractor's expens a~ e Contractor has given Project Manager timely notice of Contr intention to cover the same and Project Manager has not acted reasonable promptness to respond to such notice. If any Work is cove~] contrary to written directions from Project MaDager, such Work must, requested by Project Manager, be uncovered for Project Manage~ ,[' 22.4. The Owner shall charge to Contractor and may deduct from any payTnen due Contractor all engineering and inspection expenses incurred by in connection with any overtime work. Such overtime work consisting2! any work during the construction period beyond the regular eight (8) ho day and for any work performed on Saturday, Sunday or holidays 22.5. Neither observations nor other ~ctions by the Project Manager D6sign Professional nor inspections, tests or approvals by others sha ..relieve Contractor from Contractor's oblications to perform the accordance with the Contract Doc~m. ents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or warranties made cr assigned by Contractor to Owner shall be deeK defective Work. If required by Prcjec= Manager, Contractor directed, either correct all defective Work, whether or not fabricat~ installed or completed, cr if the defective Work has been rejected Prcjec~ Manac~r remo';e ~' ..... rcmthesiteandreplaceit~itel defec=l'.,e Work. Contractor shall bear all direct, indire~ ccnsequen%ia! costs of such ccrrectlon or removal (including, but limited tc fees and charges of engineers, architects, attorneys and ot~ professlona!s) made necessary thereby, an~ shall hold Owner harmless same. 23.2. '~ the Project'Manager consider it necessary or advisable that Work be observed by Design Professional cr inspected or tested by othe~ Contractor, at Project Manager's request, shall uncover, expose other...ise make available for observation, inspection or tests as Proj~ Manaoer may require, that portion ~ t~ Work in question, furnishing.( ~ce~sary labor, material and equi~men,. .f it is found that such ~ is defective, Contractor shall bear all dj:eot, indirect consequential costs of such uncovering, exposure, observation, inspectt and testing and of satisfactory reconstruction (including, but limited to, fees and charges of engineers, architects, attorneys other professionals), and Owner shall be entitled to an appropri~ decrease in the Contract ~ount. If, however, such Work is not foune.! be defective, Contractor shall be allowed an increase in the Cont,.! A~,ount and/or an extension to the Contract Time, directly attributable such uncovering, exposure, observation, inspection, testing reconstruction. WS-CA-H-20 NOV 2 q i998 O Apri130,1995 CONTRACT AMENDMENT #4 TT. CHNICAL DESIGN MEMORANDUM No. 9 PROJECT: North County Regional Water Treatment Plant 8-MGD Expansion FROM: Jonathan Hasson, P.E. and Steve Diamond SUBJECT: Re-routing the Membrane Softening 0"dS) Concentrate piping to bypass *,he Concentrate Pump Station. PURPOSE ANT) SCOPE Collier Count>' has contracted Metcalf& Eddy, Inc. (M'&E) to investigate the possibility of discharging the Membrane Sofl. ening ~'IS) concentrate directly to the injection wells, without the use of the existing concentrate pump station. Currently, the MS concentrate is piped to the concentrate pump station und pumped down the existing injection wells. The objective of directly piping the MS concentrate to the injection wells is to utilize the residual pressure in the existing MS concentrate header to convey MS concentrate to the injection wells. The purpose for rerouting the MS concentrate'line and bypassing the concentrate station is to realize a cost pump savings by minimizing the use ofthe pump station. M&E's task is to evaluate the feasibility ofdirectly piping the MS concentrate line to the injection wells. The follov,'ing criteria were evaluated: · Hydraulics; · Constructability; · Regulatory Requirements FEASIBILITY OF DIRECTLY PIPING THE NfS CONCENTRATE LINE TO THE INJECTION WELLS ttvdraulics The objective is to determine if the MS concentrate header has enough pressure to be routed directly to the injection v,'ells, bypassing the concentrate pump. The following is a summary of the hydraulic characteristics for the existing MS system: CCN'RWTP - Amcndmcnl No. 4 April 5, 1998 Basis of Design: Concentrate Flow (per MS skid) = Typical 160 gpm Range 150 - 170 gpm Concentrate Flow (All 6 MS skids) : Typical 960 gpm Range 900 - 1020 gpm Concentrate Pressure (per MS skid) = Typical 80 psi tLange 65 - 90 psi Concentrate Header Pressure = Typical 70 psi Range 50 - '/5 psi In determining the hydraulic capacity of the new concentrate piping route, the worst case conditions for pressure and flow were used in addition to the following design criteria: Nominal Pipe Diameter = 10-inch Pipe Material = r;~,g_.r~,, ~,,,:,,fo,ccd n^, ...... rr'om Max/mum Estimated Pressure Losses: Injection Well Back-Pressure = Approximately 23 psi (maximum) RPZ Back.flow Preventer = 12.5 psi pressure drop Fitting & Misc. Losses = 7.5 psi Total Losses = 43 psi Based on the max/mum estimated pressure losses for the new piping route and the design criteria listed above, there is adequate pressure in the MS concentrate header to directly route the piping to the injection wells. Constructabilitv: The new MS concentrate piping would tie into the existing MS concentrate line at a point downstream of MS skid No. 6. Adequate clearance is not available inside the process building to install a new MS concentrate line. Therefore, con. nection with the existing MS concentrate piping will occur outside the process building. The tie-in point would be immediately to the north of the process building and to the south of the concentrate pump station. Figure I identifies the connection point. NOV 2 l..qg ~'c,.. z,/;7 P:!,ENGg~OLJ. JE. Rt~,W~ 4M.~ Page 2 Collier Count~ lVor~h Regional V/attr Treatment Plant CCN'RWTP - Amcndmcnl No. 4 April 5, 1998 Prol>osed Piping Lcr),out: The new MS concentrate piping would tie into the 16-inch diameter MS concentrate line, inunediately to the north of the membrane process building. The new line would run along the west and north sides of the concentrate pump station, and re-connect with the existing 16-inch MS concentrate line. Refer to Figure 1 for proposed piping layout. Material Selection: The material selection for the proposed concentrate piping is ~ ~ ITS is the material of choice for the proposed piping for the following reasons: · Compatibility with quality' characteristics of the MS concentrate, and; · Comp~l.~.bility with existing MS concentrate piping, whichis also ,:~a~ta.~r-l;:l~ Backflow Prevention: Mr. Gary Maier of the FDEP offered several acceptable methods for backflow prevention during a meeting in Ft. Myers on May 22, 1997. The follov,'ing backflow methods are also specified in Chapter 62-555 of the Florida Administrative Code (F.A.C.): · Air gap separation: In accordance w/th Chapter 62-550.360(4)(a) F.A.C., an air gap separation is" a physical separation between the free flowing end ora potable water supply pipeline and an open or non-pressure recei,.4ng vessel". This method would involve the addition ora pump station and is not considered desirable due to space requirements and significant cost of' implementation. · Reduced pres. sure backflow preventer separation: In accordance with Chapter 62- 550.360(4)Co) F.A.C.. this backflow preventer is "a device conta/ning within its structure a minimum of two independently acting approved check valves, together with an automatically operating pressure differential relief'valve located between the two check valves". Since the purpose of rerouting the MS concentrate line is to bypass the existing concentrate pump station, the only, option that meets the State of Florida's backflow prevention requirements is the installation ora reduced pressure zone (RPZ) backflow preventer. RPZ Cot~struction: An RPZ back.allow preventer will be installed outside the membrane process building on the above grade portion ofthe new 10-inch MS concentrate line. The RPZ backflow preventer will occupy a space of approximately 90-inches in length, 28-inches in width and 60-inches in height. A new concrete pad will be placed directly beneath the new backflow preventer for maintenance purposes. To provide sufficient clearance for the pressure reliefvalve drain, the centcrline ofthe backflow preventer w411 be 28-inches above the top of the maintenance pad. r- ,~.t,,t., :,[,~. P: ~_2~ICOI..LIER IID, M~.4 4M. DOC Page $ · [Collier County CCNRW'I'P - Amcndmcn! No. 4 April 5, 1998 RPZ Operation: During operation, the spring-loaded check valves remain closed until there is a demand for water. The reliefvalve remains closed because of the differential between the pressure upstream ofthe unit and the reduced pressure ia the area between the check valves. Typical]y, each ofthe two check valves is designed to open at one (1) psi pressure differential in the direction of flow. If pressure increases downstream of the unit to a point where the downstream pressure reduces the I psi pressure differential, both check valves are closed to prevent backflow. If the pressure upstream of the un.it drops below that in the reducext zone pressure, the relief valve will open, creating an internal air gap. Tkis air gap is maintained between the first and second check valves as all the water in the reduced pressure zone is released. This unit is totally automatic and requires no operator assistance for normal operation. Total pressure drop across the unit is approximately I0 psi. Permitting Requirements There are two existing injection wells, IW-I and PN-'2, at the North County Regional Water Treatment Plant. Currently, the two injection wells are permitted with the Florida Department of Environmental Protection (FDEP) to accept MS concentrate from the Water Treatment Plant and treated domestic effluent from the North County Regional Waste Water Treatment Plant. Each injection well has a design capacity of 6.3 million gallons per day ~.~IGD) with a combined capacity of 12.6 MGD. Currently, the MS concentrate is piped to the concentrate wet well, from where it is pumped to the injection wells. On average, about 0.7 MGD alMS concentrate is discharged to the injection wells with a maximum injection pressure of less than 45 psi. The proposed piping modifications addressed in this technical memorandum will not affect the flow of the MS concentrate. RECOMMENDATIONS M&E recommends the Count), provide additional piping to directly discharge the MS concentrate to the injection wells. Additional recommendations include the following: · Install a new 1LPZ back:flow preventer; · Provide an inventory of spare parts for replacement ofelastomeric components on the RPZ backaqow preventer; · Monitor the initial installation ortho RPZ backaqow preventer on a quarterly basis to determine the expected life cycle of the elastomeric components · Set up a preventive maintenance program for the RPZ bac -kflow based on the results ortho initial installation monitoring. --"~';'~ N 0V2 1998 P:~ENG~COI.22ER~TD~4M. DOC Page 4 Collier CouriOr . l:or~ RegIonal Watt' CCN'RVZFP - Ar~cndmcnl No. 4 April 5, 1998 .~,{S Concentrate Quality: Ca 608 m~ Mg 128 Na 244 CO3 0 HCO3 406 SO4 1915 K 0 NH4 0 C1 75 F 1 NO3 0 SiO2 37 Sr 5 Ba 0 Fe 0 H2S 12 CO2 0 THI~[FP 0 TDS 3403 pL~ 6.5 Equipment and materials required for the.proposed piping route include: P£ · ..... ~, ................. .,, ..... ~,,~ ~ concentrate p ng · Bacldlow prevention · Tapping valve and saddle (for connection with existing 16-inch reclaimed water line). [ Pc, ,.h-O P:lENG~CO/-I 37:~RITDM, C.,14M..D(X? Page J C~.:... North J~egtonai R'ater Treatment Plant , ,,_K "inc. CDM ~'~ Ca~e Coral. flCnda 339~.5709 ~t~ Te~ 941 ~74.71~ Fax 941 574-7474 May 13, 1998 V'L4. FACSI?,IILE Mr. Donald Klose Vice President. Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 Re: Collier County. Florida NCRWTP 8-MGD Expansion County' Bid No. 97-2690R CDM PN: 6295-21728 CD.M Doc No. 343 Request for Cost Proposal Dear Mr. Klose' As requested by the Count)", please provide )'our cost proposal to furnish and install a bypass pressure main, using HDPE pipe and fittings, to discharge Membrane Softening (MS) concentrate directly to the injection wells, without the use of the existing concentrate pump station. We have attached a technical design memorandum and sketch of'the proposed layout From M&E, for )'our use in preparing a proposal. There is an outstanding cost proposal to replace existing underground FRP concentrate piping from the Process Area to the injection wells and submittal ofyour cost proposal for the work in this request would be appreciated as soon as possible. As you are a`.vare, this writer and blt. Ed llschner (Collier Count,',' Public Works Administrator) reviewed by phone on May 13, 1998, ),'our earlier proposal to replace the existing underground FRP concentrate piping to the injection ,.'.'ells with I-DPE pipe and fittings. An agreement ,,,,'as reached to proceed vdth that proposal to expedite manufacture of the 16" HDPE pipe. As requested,' you were verbally informed of'that agreement on May 13, 1998. The total cost for that proposal is confirmed at .5113,136.00. An expedient submittal, review and approval ofthis request for proposal ma,,,' alloy.' the work of both proposals to be done concurrently, eliminating a second mobilization and some re-excavation. NOV 2 1998 ,..4",,,? _ Cam? Drew.set & ~klcEee [nc, Mr. Donald Klos; M~ 13, 1998 Page 2 Please include with your proposal, sufficient breakdown of labor, equipment and materials to allow proper evaluation. Should you have any questions related to this request for proposal, please do not hesitate to contact this office. Very truly yours, CAMP DRESSER & McKEE INC. Adam Sobolewski, P.E.. AMS/mb Attachment xc: Pete Schalt Ed Finn, Collier County Jimmy Brock, Milmir Field Office Nick Cooper, M&E Richard Moore, CDM N 0 V 2 q ~8I' 05.'27,,~9~ 02;?S ~"1~0~ ;'d3 ~t~ tlll_l~lR CONST ~ CD~ NA/q~:5 ~001,'004 PROPOSED Ct~GE O~ER No. 0009A ~.O. Box 940~A ~we Ave. Phone: (~) 76g.~]00 ~lle,~L 32208 Fax: (~4)768~94 ~E: In~ BFP In E~sting ~nmte DA~: 5~6/98 PRO~: N. Regio~ ~ 8MGD ~p~ion i 801 ~ V~d~bilt Beth Ro~ Ext. N~les, FL 34108 ~' ~ ~ ~ Ph~ ~ Pho~e ~ A~: Adam So~iewsk5, P.E. ~' ' ~: ~'P To: MILMIRCO ............ , ' ..... ~=" DES~ION OF Per your ~qu~ For Coat ~o~al. dat~ May ~3, I99~. ~.d our ;ub~ent ~tion w~ ~'. Nick C~, P.E. o[M& pro~ m intel ~ 10' Febco ~,ure R~ucing B~c~ow ~uenur ~t~t 8~ m ~e exl,~g Tami~t eooc~m~e main. %e exi~ c~te mml~g m~ mqd ~,~i~ pip n~ st ~e no~h ~d of~e pipe ~II~, will b~ r~oved. ~e 16'x 10' ~cen~c ~du~ (S2) ~ ~ch ~d ~ill ~ ~}ed m ~e to,ce vat-dyed ~ ~ m~. C~e ~up~ will be i~l~ · e BFP gme valvm. ~e pro~;~ i; b~o~ on ~comp~hNg t.h: work d~g a [5 hour ~,~Mc~m ~ ~r&~ ~ ~e ~n~ct ~~. lr~ or ~ F~o~a; k~ 6mety ~e will att~r.~t to sck, e~l~ it simuha~o,Jsty ~'i~9 thc outage for the exterior con~n~e p~p~g ~lacem~t Unit Cost: ~0.00 Unit Tax: S0.0O ~ Lump Sum: ~5.00 Lump T~: COLUEa CO. Total: ~00 CDM cossmu~oN svcs CC DIST/Fi~ , ACTtON j / ~ ~1 ..... ~ '" C~P DRESSE~ & ~c~EE ~' ~ ~o. / COLLIER CO FIELD OFFICE CDM PN: 6295-21728 ~/ Don~d L. ~o~, V.P. Adm S~1~5~, P.E. ~te: 5/26/98 Dale: - i 03127/98 13:43 Txtax NO. 1927 O.S.'al,'D9 OP:,30 '[~g04 ?08 8.1g.I i~IL.~IR CON.ST -,o, Cg.~ ,~.'~PLE$ ~OO: 'OO$ Milmir Construction, Inc. :r~'S~ZTT,XL P.O. Box 9400-A No. 00436 1617 Rowe Ave. Phone: (904) 768-2300 ~ Jacksonville, F'L 32208 Fax: (904) 768-6494 PROa'~2CT: N. Regional FvWP gMGD Expansion DATE: 8/31/98 TO: Camp, Dresser & Mckcc, Inc, REF: PLO No. 9B 8011 Vanderbi]t Beach Road E:ct. N,C'ty. Regional \VTP Exp. Naples, FL 34108 Collier Cotmty. Fl. ATTN: Adam Sobolewski, P.E. %..~VE_. ARE DING: SLrBFFFI'T'ED FOR: J ACTION TAKEN: I ~ENJ NO. COP~ DATE ITEM ~'~ER REV. NO. DESCRY[ON' STA~S I I 8/31/98 PLO ~B ~ ~ge Order No. 09B - Con~n~m OUT · BF CC:Joaa~ Ha~on, P.E., M&E J~.y gr~k, Sup~. Milmi: CDM · COLLIER CO. f . ,5;-Aa ,'~ ,~' c.P/!? AUG 3 I ~ ~ /~/,/~C~ COLLIER C0. FIELD OFFICE ~/~/ c~ co B~D NO 97-26~R CDM PN: 6295-21728 NOV 2 ~ 19S8 08/31/98 08:36 TX/~ N0.22GI P.001 n 05/31/09 00:.30 '[I'gol 763 8~9.1 .~iL~IR CO.'~'$T .,.,- CD28 N.,~PL.E$ 1~0o2..005 Milmir Construct/on, Inc. PROPOSED C/:IL,'~N-GE ORDER P.o. Box ,~40o-^ No. 0009B 1617 Pa)we Ave. Phono: (90:4) 768-2300 ij~J~lcsonville, FL, 32208 F~x: (904) 768-6494 TITLE: Install BFP In Existing Concentrate DATE: 8/31/98 PROJECT:N. Regiorml WTP 8MGD Expma$ion ,IOB: 9801 TO: Camp, Dresser & Mckee, Inc. CONTRACT NO: 9801-MAJN 80I I Vanderbilt Beach Rom:l Ext. Naples, FL 34108 ATTN: Adam Sobolcwskj, P.E. FLE: PCO To: CDM From: M1LMIRCO Number: 0009A DESClq. I:PTION OF PROPOSAL Pc: your Requc*t For Cost Proposal, da~ed May 13, 1998, ~d our subsequent discussions with Mr. Nick Cooper, P.E. of M & E, and Adam Sobolcwski, P.E.. of CDM, we propos~ to in~:all a 10' Febco Pre,ute Reducing Bot.&flow lh'cventer (Mode.! g25YD) in the existing Tam La. mi concentric main. The exLszing concemrraze totalir, ing meter and associated piping, at thc north md of~e ~ipe galJeo', will be removed. The new ItleP with 16"x I0" eccentric reducers (HDP£,~ on e~ch end will be installed in the ~p~ce vac. ared y the meter. Concre'.~ supports will be installed u~der t~. BFP ga~e v~Ives. 'Fhe propo~l is b~ed on nccoml~lishing the work dur/n~ a 16 hour shctclo'w~ in accordance wi~h ~e con~ract spe¢ifir, a~srms. If approval of t.his propo.sa! is lLmely we will attempt to ~bedule it simultaneously wiL-'h Ih.' out. age for the e:,rterior concentrate piping reglecement. Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: ~20,298.00 Lump Tax: $0.00 Total: $20,298.00 APPROVAL: Adam Sobolewski, P.E. te: 8/31/98 Date: NOV 2 ma ! 09:31 'g~g04 768 640.1 ~II.~/P CUNST ~ CD~ N.nl'[~$ ~oo5.,o05 N 0 V 2 zt 1998 p(,., ,dZ"/ 08/31/98 08:36 TX/RX h~3.2261 P.O05 [] _EXECUTIVE SUMMARY APPROVE A ROAD IMPACT FEE CREDIT IN THE AMOUNT OF $2,802.74 FOR THE FORMER CHAMBER OF COMMERCE BUILDING ON U.S. 41 IN THE CITY OF NAPLES. _O~: To provide the Board with the City of Naples request for a road impact fee credit in the amount of $2,802.74 and to obtain Board approval for same. CONSIDERATIONS: The former Chamber of Commerce building located on U. S. 41 just south of the Coastland Mall has been vacant for many years. The City has requested that the owner, Fleischmann Enterprises, Inc., remove the building as it has become an eyesore. The owners are agreeable; however, there is no plan to immediately erect a new structure on the site. Normally, if a new building were to be erected immediately after razing the old one, any available road impact fee credit would be applicable to the new building permit. In this case, the owners, with the consent of the City of Naples, have requested that any road impact fee credit be made available to them for their use at this location at a later date or in some other location that they own. Attachments Nos. I through 4 provide a chronology of this request, including the methodology used by the Transportation Services Department in calculating the applicable road impact fee credit. Section 3.02 of Ordinance 92-22, as amended, the Road Impact Fee Ordinance, provides for calculation of road impact fees for changes in use of properties. Staff has reviewed this request and finds it consistent xvith the intent of the Ordinance. FISCAL IMPACT: Approval of this request will result in a road impact fee credit in the amount of $2,802.74. In addition, staff is of the opinion that the granting of this request will not adversely impact the cash flow or liquidity of the Road Impact fee Trust Fund (Fund 334). GROWTH MANAGEMENT IMPACT: None : 2 , 1998 PG._ I Executive Summary Approve a Road Impact Fee Credit Page 2 of 2 RECOMM..ENDATION: That the Board accept the request of the City of Naples with respect to approving the road impact fee credit; acknowledge staff's findings, and; provide direction to staff to proceed with the necessary documentation to carry out the intent of the Board's action. Ed f ' Ilschner, Pubhc Works Administrator Attachments: No. I - March 26, 1998, letter from Joan F. Tobin to Dr. Richard L. Woodruff No. 2 - April 24, 1998, letter from Transportation Dept. to Dr. Richard L. Woodruff No. 3 - May 7, 1998, lener from Transportation Dept. to Dr. Richard L. Woodruff No. 4 - Sept. I, 1998, letter from Dr. Richard L. Woodruffto Transportation Dept. N~EA POLIT.~N EN~FERPRISES ,- 255 T~EN~/A~N~ SO~H - :: S~E2~ '- ::'~"~' N~LES, ~ 34102 ~ PHON~ 941-261~9~6 '- F.~ 941-261-29~ -' 26, !9~? ,~ i ~'f .Manager 735 Eichth Street South XaD!es, EL 34102 .... ~:/Y!=:~r~,ann Boulevard 9.6 .Acre Property in connertisn wilh ~revious ccr~.unications regarding an exchan~= A= impact fee ~ - ~ c .... ~s from the City for our agreein~ to dems!ish the old "Chamber" building, I offer the =^~owing information: ....... ~ .... =. bu consists of 1,597 scuare feet, and was constructed sometime around i960. _..n= site c.n which the building is located is 9.6 acres (msre or less) with i,i00 feet of frontage on US 41. 3. The entire property is zoned in the Highway Co,mercia! Distr~ct ',~=r the CcmD~_.~_..slve Plan and the City of !,lam!es Land Deve!cpment Code. · ~_ tax identification nmmbers of the property (5 parcels) are as follows: i405096005,!405i00003,1405104005,1405!12006,1405116008. 5. The cost of demolition of the "Chamber" building is approximately $12,000.00 ~'- una__s=and tna~ in ~e=u.n for our demolishing the building, the City of Namtes would provide us with impact ..... -,---w fee =re~ts t? compensate us for ~emolishing the ~u~l~g.~°~ 2 ~ lSS8 | ~,e ~!!1 need ..nese impact fee credits to be transferable other properties that we may own (this i rticular!,, important in view of the green space preservation movement ~! a may r_gui thes~ impact fee credits to be used in cu. nnec%ion with the development of other property). v.'e ~:;u!d =DD~=-~= a rapid -~sponse Provided that the ="=! ~= transferrable Impact fee credits is acceptable, we ..... = w-=~.~n to move relatively rapidly in demolishing the ~'-~4~ Very truly yours, Joan F. Tobin Personal Representative Estate of Dorette F!eischmann NO¥ 2 q 1998 ATTACHMENT NO. PAGE ~ OF COLLIER COUNTY GOVE NT TRANSPORTA~ON DEPARTMENT .,4.'; 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8494 FAX (941) 774-5375 April 24, !99 S ^ c-'~'rmm BLUE C~P Dr. Richard L. Woodruff Ci~' M:,n~.ger City of Naples 735 Eighth Street South Naples. FL 34102 RE: Road Impact Fee Credits for US 41;'Fleisc~ann Boulevard 9.6 Acre Prope~ Fom~er Chamber of Commerce Headquarters Building Dear Dr. Woodruff: We have received a copy of Ms. Joan F. Tobin's March 26, 1998, le~er to you requesting a dele~ination road impact fees for the subject prope~,. We will be pleased to review the info~ation presented in that ]et~er and provide a ca]culation to you; however, under the ordinance requirements, only the Board of Coun~ Commissioners may make the final dete~ination as to whether an impact fee credit would be available for use to ~ansfer 1o ocher prope~ies within an impact fee dis~ct. We anticipate :hat we should be able to get the info~ation to you within the next week. If there are any questions or if you seek additional info~a~ion, please do not hesitate to contact me at 774-8494. Transpo~at~e?ces Director ~m~= Wood~ff US 4I Imp Fee Credtt doc cc: Robem F. Fernandez, Coun~ Adminis=alor Ed Ilsc~er, Public Wor~ Adminismator ' ~,~, ~t~>, File PAGE / OF / J~~~J COLLIER COb TY GOVERN NT TRANSPORTATION DEPARTMENT 8301 E. TAMI.~MI TR.~L NAPLES, FL. 34112 (941) 774-8494 F~ (941) 774-5375 A CERTJFIED BLUE CHIP COMMUNrTY May 7, 199S Dr. Rich~d L. Wood~ff City Manager Cib' of Naples 735 Eith:h street South Naplas. FL 34102 Re: Road Impact fee Credit for Fie~sc~:a~ Property Foyer Chamber of Commerce Building - US 41 Dear Dr. Woodruff: This lener is a follow up to our prior co~espondence, same subject. You had received a request for road impact fee credit for the ex~sting building on the site from Ms. Joan F. Tobin, representing the Fleisc~uann estate. Section 3.02 of Ordinance 92-22, as amended, the Collier County Transportation Impact Fee Ordinance, sets forth the parameters for detemfining road impact fees for chan~es in use..~y change in use which increases the net external t~ps on the roadway nenvork is subject to additional road impact fees. Conversely, 'a road impact fee credit may be availabie ifa change in use provides for diminished traffic generation. Existing uses as the enaztment of the Ordinance are considered "~andfathered". That is, there is no mechanism in ~he Ordinance to collecx road impact fees from uses that existed at the time of its enactment. It is our understanding that the subject building has been in place since 1960, ',,.'ell before the enactment of the Ordinance. Although we have no k. nowledge of what its original use ,.,.'as, it ',,.'as for many .,,,ears used as the Chamber of Commerce office. When the Chamber moved out, it stayed vacant for a while. The most recent use of the building was as a retail store. Therefore, potential credits are figured on the basis of Retail <50,00( (Category. 27 in the Ordinance). On this basis a potential credit of S2,802.74 (1.5)7 51,755/1000 SF) ma,., be available. Ifa new retail building of the same size were to erected on the site. there would be no additional road impact fee due. If, howeve: retail building or some other use ,.,'ere to be proposed, additional road impact fee be required. These additional fees could be offset somewhat by any available crc it. PAGE ! OF 2_ - Dr. R. ichm-d L. \Voodruff May 7, 1998 Pac, e '~ Ms. Tobin has requested that any credit be, pe~itted to be tr~sferab]e to other propemies under the ovmership of the estate. Such ~ei~ination is not ~ ithin the scope of stafPs authofiD' ~d must be made by the Board of County Co~issioners. If desired, w~ will prepm-e ~e appropriate Executive Su~ for presentation of Ms. Tobin's request to the Bo~d. Please advise as to how you wish to proceed. If there are ~y questions or if you seek additional info~afion, please contact me at 774- 8494. ~~~Ve~., tP.~v Yours, Edward J. ~3~AP.E: _. Tr~sponatiofi Se~'ices Director cc: Robert F. Fernandez, County Administrator Ed Ilsc~er, Public Works .Administrator File' Flcisc~a~ ~F NOV 2 1998 "" ",' -3 PI! 2:17 OFFICE OF THE CITY MANAGER September 1, 1998 Mr. Edward Kant '"¢' Transpo,'-tation Services Director Collier County Government I ' :':': 3301 East Tamiami Trail Naples, FL 34112 I' ' RE: Request for Road Impact Fee Credit - Former Chamber of Commerce Building Dear ]X~-. Kant: Over the past several months you and I have discussed the possibility ofhaving the Board of Count3, Commissioners credit the road impact fee for the former Chamber of Commerce building at the comer of Fleischmann Boulevard and U. S. 41. The City of Naples has been working with the Fleischmann estate to secure permission to have this propert3' tom down, thereby eliminating this negative appearance in our community. As you will see from the attached letter, Neapolitan Enterprises has agreed to proceed with the demolition of this structure provided that they may receive impact fee credits with those credits being transferable to other properties in their ownership. This is to officially request that you place this matter on the next available County Commission agenda, asking them to authorize this transferability. At this time we cannot ;,4,,,,t ;c-,, t.h.e ........ ; specific parcel fer transferability purposes but would rather ask that it he lett to any parcel in the ownership of Neapolitan Enterprises on a dollar per dollar basis. Should you need further information on this request, please advise. Sincerely, Dr. Richard L. Woodruff ,~t,,r,. ,,t. . City Manager ,o.~ Attachments Xc: Gil Sherburne, Zoning Enforcement I,,nspector I AIIACHMENI NO. - dr' , } PAGE ! OF_ 1 FACSIMILE (941) 434-4620 TELEPHONE [941)434,,4610 SUNCOM974.4610 735 EIGHTH STREET. SOUTH · NAPLES, FLORIDA 34102-6796 EXECUTIVE SUMMARY AWARD COUNTY PURCHASE OF REVERSE OSMOSIS bIEMBRANE ELEMENTS FROM MATERIALS SUPPLIER, HYDRANAUTICS, FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION PROJECT, BID 98-2875, PROJECT 70859 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Watcr-Sewer District, award a contract to purchase reverse osmosis membrane elements to ttydranautics, for the North County Regional Water Treatment Plant (NCRWTP) 8-mgd Expansion project currently being constructed. CONSIDERATIONS: Consistent with Board approval on December 16, 1997, item 16 (B)(2), the reverse osmosis membrane elements, which were originally bid as an alternate to the plant expansion end deemed too high in price at that time, were re-bid for more competitive pricing by direct County purchase. On October 28, 1998, bids were opened for the above project. Two bidders responded. Results for the base bids are as follows: Hydranautics $ 677,040.00 Fluid Systems Corporation $1,117,200.00 Hydranautics is the lower responsive, responsible bidder. Our design consultant, Metcalf & Eddy, Inc., our construction and inspection consultant, Camp Dresser McKee, and staff have evaluated the bids and verified references on the Iow bidder. All references are positive. Bid tabulation and recommendation letters are attached. Staff recommends award of the base bid to Hydranautics in the amount of $677,040.00. In comparison, our plant expansion contractor provided an alternate bid of $800,000.00 for these elements. Both of our aforementioned consultants and staff felt the alternate bid was too high based on similar bids throughout the state. By rebidding the membrane elements separately as a County purchase, a savings of $122,960.00 will be realized. FISCAL IMPACT: Funds are available as follows: Amount: $180,000.00 Fund: (411), County Water Capital Projects Cost Center: (273511), Combined Water Capital Projects Project: (70859), NCRWTP 8-mgd Expansion Mo. lt. (15}l ¥fl I OV 2 1998 ~,~. I Executive Summary Award a County Purchase of Reverse Osmosis Membrane Elements Page 2 Additionally a budget arnendn'mnt is necessary as follows: Amount: $497,040.00 From Fund: (41 I), County Water Capital Projects Cost Center: (919010), Water Resen, es Amount: $497,040.00 To Fund: (411), County Water Capital Projects Cost Center: (,..7.~511 ). Combined Water Capital Projects Project: (70859). NCRWTP 8-mgd Expansion GROV',;TIt 3.1ANAGEJlENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners. as Ex-Officio the Governing Board of thc Collier County Water-Sewer District, award a contract to purchase reverse osmosis membrane elements to Hydranautics, in the amount of $677,040.00. for the North County Regional Water Treatment Plant 8-mgd Expansion project, Bid 98-2875 and approve the associated budget amendment. Peter Schah, PMP, Project Manager Public \Vorks Engineering Department ~..f.rey Bibby, P.E., Direct'or ' Pub!ic Works Engineering Department Steve Carnell, Director/' Purchasing/General Sen'ices Department Paul Mattausch, Water Director P'ublic..B:orks DMsion Ed llsclmcr, Administrator Public Works Division PS:ps attachments: Bid Tabulation; M&E Recommendation Letter; CDM Recommendation Letter; · Hydranautics Letter i NOV 2 I November 9, 1998 Peter Schalt, PMP Collier C.o~mty ?ubl/c Work~ Offic~ o4' Capital Projoct~ Man~emcnt 3301 Tam,ia. mi Tra/1 East Napl,,~, FL 34112 Subject: NCRWTP KO Membrane Procuremen! Bids Dear Pete: Mctcalf & Eddy reviewed thc bids subm/ttcd for the Countx' Bid N'o q8-2875 RO Mcmbranc Elements. Hydranaufics is thc apparent low bidder with a p,~.-elem~.n,' hi4 ~hc~- nrg403 00. and a total bid $677,040.00 for 1680 clemcnts Based on our technical review, both bids meet thc technical requirements of thc specifications. A rcvicw of thc required bid submittals, however, revealed thc bid from Hvdranautlcs did not indicate that all four addenda m the bid were received. Only the firs, two addend~ ~'e~re indicated a.~ havin~ been On furthcr inquiry, Hydranautics confirmed their r,.~',:ip, nFthe Addenda 3 and d ^ leucr fi.om Hydranautic~ conf'u'ming thi~ is attached Bascd on our review of the bi~, wc recormncnd thc apparent Iow biddcr, Hydranautic~ of' Occansidc. CA be awarded the procurcracnt contract for thc lump sum fcc oF q;t~vv.a4o 00. or $,103 00 per element. Plea.~ contact u~ if you have any questions or commcnt.~ Sincerely, METCALF & EDDY JaMi~ K. Hasson, PE P r~j e.~ Engineer Cc:L'~'ick Cooper File Attachment Metc~lf & Eddy, Inc. 1201 Pe..~htree St., NE , ~ ~ ... 400 Colony Squnre, Suite 1101 ~o.~_ .. Voice: 404-881-8010 F~x: 404-8'72-31 fil PG. /-~ I1/0.q/95 ~ION 1~:31 ]:,~.X -104 872 .'lltll H YDRANA UTICS November 9. 199~ Tc~' Metcatf= & Eddy Atln: Jonad:an l'-ir, s5o n Fax Na.: 404-g72-3161 ? Sub, cot: Collier Ct)untv Bid.- ~pmh-ar,~ I: .~,n.~"'., guppi5 't :tis is :o verify that Hydr~.nautics wi~< ;- i't'celp ;.( a;i (O~lr t*ddenda for the obovc clements per Ibc [M~enda requlreme~, Camp Dresser & McK,:c Inc. .' November 6, 199g Mr. Pmer Schal~ Collier County Public Works Engineer{ua Depam,,cr,t O~fice of Capital Project Managem~m: 3301 E~t Tamimni Trnil, Building D Nap,es, Florida 33962 RE: Collier Coun~ SCRW~ Reverse Osmosis Membrane Elements Bid Evaluation. Bid No.: CDM PN: 6295-21'/29-SC PROCES~ Duar Mr. Bids were received from ~wo (2) m,nufacturers on October )R. IOO~ fl~r Iht above torero,ccd project by Collier CounD' The hid, wen. a. ~antlFag~ r~r I.m~ I'ric~. ~mp Sum Price Fluid System~ Co~. ~665 t~t~ ~:. 117.20000 Hydranautics San~ n,' S 6'/'/.04o oo Lump sum pr{et: is based on fumishi~r :.6gn m;mufl~ctururs are pre-qualified Io bid ti~ic Neidlcr nf':he bidders look cxm:ption to lh~ hid ~O~ciflcalinn~. incl,;din{~ warran~ l~rovisirm~. CDM has reviewed the bid package~ ,ncludsqe ~br Ye~s 0 to 6 It is CDM'~ recomm=mlatiun to pmcccd with akvard of thi~ cm~tracl I. Mvdr;manlic. S aR/be lowe~l responsive responsible bidder in ~e amou,t~ lfyou have any queslicms ~r requirr qddil~onal ;nt,~rmat~on. l~]eaRk, d~ nn~ hrsill~te 1o cm~tact me. k'~ ~I)' yours. CAMP DRESSEr?, & McKEE ~(': ~chard D. Moore, P.E '" Vice President cc: A. Sobolewski, CDM W. Suratt, CDM J'. }Tassan, M&hYAllanb'-, RDM/:i:n R.DM98.16 NOV 2 lg Cl EXECUTIVE SUMMARY AWARD AN AGREEMENT FOR SCOREKEEPER SERVICES. Objective: That the Board of County Commissioners award an agreement for scorekeeper services to tile Naples Scorckccpers Association. Consideration: The past seven (7) years the County has utilized the Naples Scorekeepers Association (NSA) to furnish scorekeepers for over 1600 games at both adult softball and youth basketball games. The NSA. the only organization to provide this service, hires and coordinates all the scorekeepers, but permits the County to monitor conduct and effectiveness. This relationship has worked ,,','eli as their service saves staff countless hours hiring and coordinating seasonal stall'. The agreement provides for scorekeepers at a rate of $7.50 per adult softball game and $6.50 per youth basketball game and shall be in effect for one >'ear with a provision for a one vcar extension. All procedures are in accordance with County Purchasing and Finance Department policies. Growth .Management: None Fiscal Impact: Funds are available and have been specifically budgeted for this sen'ice in Recreation Programs. Other Contractual Sen'ices ('001-156341-634999) at an General Irtllld. expense of 512.030. Sponsorship revenues and participant fees offset the cost of this service. Recommendation: Staff recommends that the Board of County Commissioners award said agreement. I'rcparcd by: ~ ~~_ :__ Date: ~()hn Dunnuck. Operations Coordinator Department of Parks and Recreation Reviewed and . -e ~ Marta Ramsey. Director / Department of Parks and Recreation / Reviewed and '- / by: 1'~ Approved, ..... C Date: Steve Carnell. Director //' Department of Purchasing Reviewed and Thomas W. Olliff. Ad~trator DMsion of Public Sen'iaes NOV 2 q 1 98 AGREEMENT FOR SCOREKEEPER SERVICES This Agreement entered into this day of November, 1998, by and between the Bo,~-d of County Commissioners of Collier County, Florida, hereinafter referred to as the "Count.,."', and the Naples Scorekeepers Association of Naples, Florida, hereinafter referred to as "NSA". In consideration of the covenants contained herein, the parties hereto agree as follows: SECTION I - NSA shall furnish Scorekeepers for all adult softball and youth basketball games conducted by the Collier County Parks and Recreation Department. SECTION II - The County shall pay NSA for furnisNng scorekeepers the following rates payable as provided herein: A. ADULT SOFTBALL - S7.50 per game. Approximately 1,500 games anticipated to be played December through November inclusive. B. YOUTH BASKETBALL G.,UVlES - S6.50 per game. Approximately 120 games anticipated to be played January ttu'ough February inclusive. Tt~e above stand,ds are approximate in nature and NSA shall not obligate the County to a specific ~-,- num~., of games, nor to a definite period of time with/n the calendar >'ear in which said games will Ne played. The rates mentioned include extra innings, if necessary. SECTION III - NSA shall provide: A. Scorekeepers for all gan'ms. B. A pre-season list of registered scorekeepers for consideration by the County shall be fur:~ished to the Count)' before each season or league, C. Tile County shall have the authority to review the conduct and effectiveness of scorekeepers. The Count',' reserves the right to require NSA to replace any scorekeeper who is deficient in meeting standards established by the County, SECTION' IX,. - In the event of postponement or cancellation of a scheduled contest herein, ~he County shall bear no cost if the scorekeeper or a Board member of NSA IS NOTIFIED ONE HOUR PRIOR TO GAME TIME. A. If the scorekeeper (s) are not notified of postponement or cancellation prior to arrival at tile field for a scheduled contest, the scorekeeper (s) will be compensated for one game even though no game is played. B. In the event a contest which is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County or NSA's control, scorekeepers "' '~,. be paid for g~es completed and any games in progress nt the time of cancellation. SECTION V - The Agreement shall be in effect from November (), 1998 through November ( ), 1999. Amendments to this Contract shall be in writing and signed by both parties. The County ma.,,', at its sole discretion, extend this Agreement under all of the terms and conditions contained in this Agreement for up to one additional ,,'ear following expiration of the original tenn. ' SECTION VI - Payment of scorekeepers will be made in accordance xvith Collier Count,.' Purchasing and Finance Department procedures. NSA shall render to the Count3, a biweekl,:' s~atemem? showing the number of games worked by its scorekeeper (s). The statement shall contain a certification by an officer of NSA that he/she has reviewed the statement and that the in£o..~mat~on contained therein is true and correct. This statement shall be mailed to: .Attn.: .Athletic Supervisor Collier Count,,' Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 SECTION VII - It is expressly understood that NSA scorekeepers are independent contractors and not agents or employees of the Count3' and therefore not entitled to benefits Oii- no~allv afforded employees of the County. This provision is not intended to apply to any ...... Count>' employee who acts as a scorekeeper. ,, - .? SECTION VIII - NSA agrees to verbally notifv the Counw's Athletic Supervisor as to tirnc a::d location of organizational meetings one week prior to said meeting date. SECTION IX - All notices from the County to NSA shall be deemed duly served if mailed bv registered or ce, tiffed mail to NSA at the fo]lowing address: NSA ~" P. O. Box 10281 Naples. Florida 34101 Ali notices from NSA to the Count',' shall be deemed dui}' served if mailed by registered or certified mail to the County to: ~c. Athletic Supervisor Collier Count.,,' Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Agenda Item. NO. /f~[. e )l! 2 q 1998 O NS.-'~ and th..: County ma.,,' change the above mailing addresses at time an}' upon giving the other p~qy written notification. SECTION X - IfNSA fails to comply with any of the terms and conditions hereof and such default is not cured within five (5) days after written notice is given to NSA, the Count',' may terminate this .Agreement for any other reason or no reason, and at any time, within ten (I0') days after further v,'rinen notification to NSA. SECTION XI - The NSA ',','ill not use, nor suffer or permit any person to use in any manner whatsoever, Count>,,' facilities for any improper immoral or offensive purpose, or for an~, purpose: in violation of an:5' federal, state, Count>' or municipal ordinance, rule, order or regulation, or of nny governmental rule or regulation now in effect or hereafter enacted or adopted. In the event or such violation by NSA or if the County or its authorized representative shall deem any conduct on the part of NSA to be objectionable or improper, the Count}' shall have the ri'2ht to suspend this Agreement with NSA should NSA fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four. (245 hours after receivi::c notice of such violation, conduct, or practice, such suspension to continue until the '; ~'~': x.o .... ,c.n is cured. NSA further agrees not to continue performance under th/s Agreement s..,s.,,s~on period until the violation has been corrected to the satisfaction of the Count,,'. SECTION XII - NSA agrees that there shall be no discrimination as to race, sex, color, creed, or natural origin. SECTION' XIII - Nothing herein contain'ed shall create or be construed as creating a pannership between the Count`.' and the NSA or to constitute NSA as an agent of the Coun .ry. SECTION XIV - This Agreement shall be administered on behalf of the Count}' by the P~ks and Recreation Department. SECTION XV - It is further understood and agreed, by and between the parties herein, that t!:e within Agreement is subject to an item of annual appropriation contained in the Count>,,' budget. SECTION XVI - NSA, its officers and members shall, through the signing of this document by an authorized party or agent, indemnify, hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs o'f litigation and judgment of every name and description bought against the County as a result of' loss, damage or injury to person or proper~y by reason of any act or failure to act by NSA, its agents, servants or employees, "i ] --Agenda I lqOV 2 q 1998 IN WITNESS WtlEREOF, NSA and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and >'ear first above written. ATTEST: BO.~RD OF COUNTY COMMISSIONER Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY: BY: Barbara Berry, Chairman DATE: ~, IT.N ESS NAPLES SCOREKEEPERS ASSOCIATION OF NAP~., FLORIDA Typed Name BY: WITNESS _. T)~ed Signature attd Title James R. Thomas, Athletic Su~rvisor T)Fed Approved as to form and legal sufficiency: Thomas C. Palmer r!ssistant Cottnt)' .4ttorne), EXECUTIVE SUMMARY AUTHORIZE AN AMENDMENT 'ro THE PARKS AND RECREATION ADVISORY BOARD ORDINANCE TO REMOVE TIlE SPECIFIC REPRESENTATION FROM MARCO ISLAND AND INCREASE THE REPRESENTATION FROM THE NAPLES AND URBAN PARK DISTRICT OBJECTIVE: To have a Parks and Recreation Advisory Board whose membership reflects the area of the Count,/to which Park service is provided. .... CONSIDERATIONS: The current ordinance that dictates the make-up of the Parks and Recreation Advisory Board requires that there be a representative from the Immo 'kalee area and one from Marco Island, with the balance of the committee representing the Naples and urban area. With the incorporation of Marco Island and the decision to deed the County's community and neighborhood park properties to the new City, representation from Marco Island is no longer necessary. The County Parks Department and the community would be better served by having an additional representative from the growing urban area of the County. FISCAL IMPACT: There is no financial impact associated with this item. GROWTH MANAGEMENT IMPACT: There is also no Growth Management Impact associated with this item. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, Authorize staff to prepare and advertise an ordinance amending Ordinance 93-81; revising the make-up of the committee by removing the representative specifically required for Marco Island and increasing the representation from the Naples and urban area of the County. Prepared by: Thomas W. Olliff, 'i:~c Services Administrator I NOV2 lg58 / EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO CONSTRUCT A LAKESIDE GAZF, BO. Objective: That the Board of County Commissioners approve a construction change order with Professional Building Systems (PBS) Inc. to construct a lakeside Gazebo. Consideration: The Board previously authorized and budgeted $65,000 in Fiscal Year 98-99 to build a lakeside gazebo on the main pier at Sugden Regional Park. The project proposal was submitted to the four General Contractors on County Contract (/497- 2793) and PBS was the lowest apparent bidder with a bid of $50,654. Since the Board of County Commissioners has already awarded Professional Building Systems a work order (PB-98-1) in the amount of $236,000 to supply material and construct the original pier system at Sugden Regional Park, a change order is the most efficient means to expedite the Gazebo project. This change order will be the second for this project. On August 17, 1998, Change Order tli in the amount of $23,000 was approved for additional infrastructure construction to the piers. Fiscal Impact: Funds are available and budgeted in the Regional Park Impact Fee Fund, Parks Capital Projects, Improvements General Sugden Regional Park project (345- 116360-763100-8008 I) in the amount of $50,654. Growth Management: Sugden Regional is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approve said change order. (John Dunnuck, Operations Coordinator Department of Parks and Recreation Rcvicwcdand-/~j~ /~.,~ Approved by: Date: ][ Maria Ramsey, Director/ DepaNment of Parks and Recreation Reviewed and L ~~ Approved by;' [~_2k_ ,~, Date: Thomas W. Olliff~strator Division of Public Semices Agenda I~e~ 2 1 98 CIIANGE ORDER TO: Professional Building Systems, Inc. FROM: Collier County Parks and Recreation ,1395 Corporate Square 3300 Recreation Lane Naples, F'I 3,1104 Naples, Florida 34116 Project Name: Timber and Floating Piers for Sugden Park Construction Agreement Dated: March 28,1998 Bid No.: 9%2763 Change Order No.: Two Date: I1/10/98 Change Order Description: The Board of County Commissioners awarded Work Order PB-98-1 for $236,000. to Professional Building Systems (PBS), lnc. on May 12, 1998, Item No. 16(b)(2). On August 17, ~998, staff approved Change Order #1 for $23,600. for additional infrastructure work. Since that time, the construction of a gazebo and accessory work has arisen, thereby prompting this Change Order. Attached is a proposal from PBS, Inc. to complete the additional work for Sugden Park Timber and Floating Piers Project. Original agreement amount ........................................................ $236,000.00 Sum of previous change orders, amount ....................................... $ 23,600.00 This Change Order Amount [add] ............................................................. L$0,654.00 Revi. s'ed,4greemen! ,4mount ........................................................................ $ 3 ! 0,254.00 Original contract time in calendar days ......................................... 60 Adjusted number &calendar days due to previous change orders .......... 21 This change order adjusted tirnc is .......................................... 30 ' Revixcd Conlracl Time in calendar day~ .......................................... Original Notice to Proceed date 6/2/98 Completion date based on original contract time ................................ 8/I/98 Revised completion dale ...................................................................... 1110/99 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a hill and final settlement &any and all claims of the Contractor arising out of, or related to, tl~e change set forth herein, including claims for impact and delay costs. Jos,fe't~ F. 10elate, ASLA, Project Manager I I ' ['arks and Recreation Department Rcffacn' Di )oh,/s)~n',-President - ' ' Professional B't'ii~ Systems, Inc, Marl~"O~'li, amsey, Direo{or , Parks and Recreation Department (For Use by Owner: Fund:345 Cost Center:l 16360 Object Code:763 ! O0 Project No.:8008 I) G:\Forms\Change Order Master.doc Revised 02/03198 Agenda Item ,OV 2 1998 · pg.,___.~ ~:' EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE AGREEMENTS BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY VETERANS COUNCIL, AND BETWEEN COLLIER COUNTY AND THE FORD MOTOR COMPANY, INC. FOR CONTINUED USE OF A FORD TEST VAN OBJECTIVE: To continue to provide transportation for local veterans to Federal Veterans Administration hospital facilities in Bay Pines, Tampa and Miami. CONSIDERATIONS: The Count3, provides a transportation program for area veterans who need to access Veterans Administration hospitals in the Tampa-St. Petersburg and Miami areas. These are the closest Federal Veterans Administration hospitals to Collier Count)'. The program is run through two vans donated by the Ford Motor Company, and one obtained through a local private donation. The Count), provides space in the Veterans Administration Department, one part-time employee to help coordinate the program, gas, and insurance for the program. For both Ford vans ail repairs are paid and performed by the Ford Motor Company. The drivers for the program are strictly volunteers and are all members of the local Veterans Council. The attached agreements provide for an additional three :}'ears of use of one of the Ford vans. The second agreement provides a continuing relationship with the local Veterans Council to provide the volunteer drivers to keep the program viable. The agreements with Ford are actually in the form of an amendment to the previous agreement at the request of Ford Motor Company representatives. Both documents have been reviewed by the Count3, Attorney's office for legal sufficiency. However, due to the difficult), in wor'king out the final details with Ford, the agreements enclosed have not been executed by the authorized representatives of Ford. As a result, approval is being requested to allow the Chairman to sign the agreement with Ford following final review and approvai by the County Attorney's Office, barring an}' change of substance. FISCAL IMPACT STATEMENT: The cost for this agreement is $750 per month in operating costs and $1,000 annually for insurance for a total cost of $I0,000. These funds have been budgeted within the Veterans Sen'ices Depacu~ent budget for FY 99. Growth Management Impact: There is no growth management impact associated with this item. RECOMMENDATION TI-EAT THE BOARD OF COUNTY COMMISSION authorize the Chairman to execute agreements between Collier County and the Ford Motor Company, Inc., and between Collier County and the Collier Count), Veterans Council for the continued use and administration of the Veterans Transportation program, following final revie~v and approval of both agreements. Thom~ \X. Olliff [~ AGREEMENT FOR VETERANS TRANSPORTATION SERVICES THIS AGREEMENT is entered into this 24th day of November, 1998 at Naples, Collier County, Florida by and between Collier County Veterans Council, Inc., hereinafter referred to as "Veterans Council," and the Collier County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as "County." WITNESSETH: WHEREAS, there are more than 23,000 veterans residing within the Collier area; and WHEREAS, there is a critical need for transportation services for veterans in Collier Count>,; and WHEREAS, the need for veteran transportation services cannot currently be met by the presently-existing veterans program of Collier County nor by the City of Naples; and WHEREAS, Community Transportation Systems, the transportation program funded by the State and County is not currently providing transportation to meet veterans' needs; and WHEREAS, the Collier County Board of County Commissioners has unanimously voted to work with the Veterans Council to immediately address veterans' transportation services needs by supporting the veterans' transportation services. NOW, THEREFORE, in consideration of the mutual promises, benefits, obligations and agreements hereinafter set forth,.the County and the Veterans Council hereby agree as 1 0£ 7 AgendA. , NOV 19 ]. Collier County Veterans Council, Inc. ,' There exists within the Collier County Veterans Council, Inc. a "Veterans Transportation Service" program with the following goals and objectives: a. To enlist a corps of volunteer drivers and other staff. b. To provide a vehicle for the exclusive use of veterans and their dependents. c. To set up and staff a scheduling desk with the Office of the Department of Veterans Services. d. To provide transportation to and from medical facilities. e. To provide transportation services to accommodate the needs of veterans and their dependents. f. To provide veterans transportation services immediately and to provide all future necessary transportation, as required. 2. Veterans Council Reauirementst The Veterans Council shall provide the following in order to assist in the operation of the Veterans Transportation Service Program: a. The Veterans Council shall enlist and maintain a file of addresses, phone numbers and copies of valid driver licenses for a corps of volunteer drivers and other staff to administer veterans transportation scheduling. b. The Veterans Council shall provide to the County a copy of the driver license of each Veterans Transportation Service Program driver prior to said driver operating any County owned or County provided vehicle. 2 of 7 i NO.~-- Lpg' The County shall have the right to ieview all driving records of any. Veterans Transportation Service driver for whom the Veterans Council has furnished a copy of said driver's license to the County. The County shall further have the right to accept or reject drivers proposed/furnished by the Veterans Council in accordance with the County's review of said driver's driving records and the driver qualification standards established by the County. c. The Veterans Council shall maintgin_ vehicle records and documents as reasonably directed by the County pursuant to the Ford Motor Company Fleet Test Equipment Loan Agreement between Ford Motor Company and the County ('including any amendments thereto) dated October 22, 1998. d. The Veterans Council shall set up and staff a scheduling desk within the Office of the Department of Veteran Services of Collier County. e. The Veterans Council shall maintain all financial records and reports~ relating to appropriated funds and funds paid under this Agreement. f. The Veterans Council shall maintain books, records, documents and other evidence using accepted accounting procedures which fully and properly reflect all direct costs of any nature expended in the performance of this Agreement. g. The Veterans Council shall allow inspection, review or audit of all financial records pertaining to the Veterans Transportation Service by County personnel upon reasonable notice. h. The Veterans Council shall retain all books, records and other documents relative to this Agreement for three years after payment. 3'0 No., i. At all times during the term of this Agreement the Veterans Council shall maintain its legal "not-for-profit" corporate status. The Veterans Council shall furnish United States Internal Revenue Service documentation confirming said status upon request of the County. 3. Collier Count,,, Reauirements, The County requirements regarding the Veterans Transportation Service shall be: a. The County shall accept, as a bailment, the vehicle provided by Ford Motor Company pursuant to the Ford Motor Company Fleet Test Equipment Loan Agreement (including any amendments thereto) between Ford Motor Company and Collier County Board of County Commissioners dated October 22, 1998. b. The County shall require that such vehicle shall be used primarily to accommodate transportation needs of veterans and their dependents. The vehicle shall be used under the supervision and direction of the Veterans Council. c. The Countv shall also include the vehicle under its County insurance and fuel programs. d. The County shall provide one parking space for the vehicle used in the Veterans Transportation Service. e. The County shall support the Veterans Transportation Service Program with a $750/month operating budget plus $1000 in insurance coverage (a total of $10,000 per }'ear) to cover the operation and maintenance for the duration of the Agreement between ti~e County and Ford. The County Finance Department shall create a separate cost center for expenses of the Veterans Transportation Service Program. f. Unexpended funds at the e~d of'each fiscal year shall be returned to the County. '., 4. Term of Agreement, The term of this Agreement is from November 24, 1998 to November 1, 2001. 5. Termination, Should either party be in material violation of any of the requirements of this Agreement, the other party may terminate this Agreement upon thirty (30) days notice to the other party. Either party may terminate this Agreement for convenience upon ninety (90) days written notice to the other party. 6. No Discrimination. There shall be no discrimination on the basis of race, color, sex, religious background or national origin in the performance of this Agreement in regard to the provision of veterans transportation services. 7. Amendments, No modification, amendment or alteration to the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. A~end& ~, t~ m.... NOV 2 1998 8. Notices; · ~ Ail notices, requests, consents and other written communications required or permitted under this Agreement shall be in writing addressed as follows: If to the County: Veteran Services Attn.' Peter Kraley, Director 3301 East Tamiami Trail, Building H Naples, Florida 34112 If to the Veterans Council: Collier County Veterans Council, Inc. Attn: Chairman . _ 327 ivywood Lane Naples, Florida 34112 or such other address as any party may designate by notice complying with the terms herein stated. 9. Agreement Subject to Annual Appropriation, The parties hereby expressly agree and understand that this Agreement is subject to an annual appropriation by the Collier County Board of County Commissioners. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, hereby execute this Agreement on the day and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: BARBARA B. BERRY, Chairman 6 of' '7 No 2 1998 -., : Pg · Witnesses: cOLLIER COUNTY VETERANS COUNCIL, INC. (1) Pn n:ed,q'¥ped Name By: Signature (2) Signalure P rinled/r yl:k~',d Name Prmled/Typed Name Prm [ed/'T¥1:k~l T~lle Approved as to form and legal sufficiency: '""~m i ro MafialiL4~ : Chief Assistant County Attorney h:Ramiro~greements\J:ord.Velerans Tran~po~alJon-1998 AMENDMENT TO THE FORD MOTOR COMPANY FLEET TEST EQUIPMENT LOAN AND EVALUATION AGREEMENT This Amendment to the Agreement for Veterans Transportation Services dated October 22, 1998 (hereinafter "Agreement") is made and entered into this day of November, 1998 by and between Ford Motor Company, a Delaware corporation ("Ford") with offices at The American Road, Dearborn, Michigan, and the Collier County Board of County Commissioners, a political subdivision of the.State of Florida, ("Borrower"), with offices at 3301 Tamiami Trail, East, Administration Building, Naples, Florida 34112. WITNESSETH: WHERE,~S, Ford and Borrower have entered into an Agreement whereby Ford is willing to lend to Borrower certain equipment; and WHEREAS, Ford and Borrower agree that the Agreement should be modified to clarify Borrower's status under Florida law and to fully comply with other provisions of Florida law applicable to local government entities. NOW, THEREFORE, upon consideration of the mutual covenants and provisions contained herein, the parties agree as follows: 1. Amendment to Introducto~, Paragraph. The introductory paragraph of the Agreement, identifying the parties thereto, is hereby amended to read as follows: THIS AGREEMENT is entered into this 2.2 day of Octobec, 1998, by and between FORD MOTOR COMPANY, a Delaware corporation (Ford), with offices at The American Road, Dearborn, Michigan, and The Collier County Board of County Commissioners, a political subdivision of the State of Florida (Borrower), with offices at 3301 Tamiami Trail, East, Administration Building, Naples, Florida 34112. l,,o. /,'r. <c).¢ O 2. Amendment to Section ~, Section 3 on Page 2 of the Agreement is hereby amended to read as follows: Indemnity. To the extent permitted by Florida law, Borrower shall defend, indemnify, and save harmless Ford and its subsidiaries and their respective officers, directors, agents, and employees (hereinafter collectively called "Indemnitees") from and against any and all losses, damages, claims, actions, costs and expenses, including, but not limited to, fees and expenses of legal counsel and expert witnesses, that may be imposed upon or incurred by or asserted or entered against the Indemnitees, or any of them, by reason of actual or alleged: (i) injury to or death of persons (including, without limitation, any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); (ii) loss of or damage to the properb/of any person or legal entity (including, without limitation, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); or (iii) violation of any law, ordinance or regulation of any governmental authority (including, without limitation, the United States of America or any of its states or localities, or Canada or any of its provinces or localities) by Borrower or by any oF its contractors, subcontractors, vendors, agents or employees; as a result of or arising out of or in connection with the testing, evaluation, possession or use, by or on behalf of Borrower, of the Equipment, or the condition thereof; provided, however, that the foregoing agreement to indemnify and hold the Indemnitees harmless shall not be applicable to the extent that any such loss, damage, claim, action, suit, judgment, decree, order, cost or expense are attributable to the sole negligence or the willful or wanton misconduct of the Indemnitees. Borrower shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual notice, and Ford shall be entitled to participate in the defense of any claim for expenses. i-Agenda, .o. 20£4 3. Amend_.ment to Section 14. Section 14 of the Agreement is amended to read as follows: Publicity. Neither party hereto shall identi~, the other party as a joint venturer or otherwise characterize the arrangement between them as anything other than a bailment. To the extent permitted by Chapter 119, Florida Statutes, the Florida Public Records Law, or other applicable laws, Borrower shall not disclose or publicize to any third party: (a) any description of the Equipment, technical specifications or other information about the Equipment; (b) the nature or terms of this Agreement; or (c) the results of any testing, inspection oreva[uation of the Equipment by Ford or Borrower without Ford's prior written consent. Borrower shall take the necessarT steps to familiarize all approlSri~'te employees of Borrower of its obligations under this Paragraph. Neither party shall use the other's name or Iogos, in whole or in part, for any purpose whatsoever, specifically including but not limited to any written, oral or pictorial endorsement, testimonial or advertisement, whether actual or implied, without such other party's prior written approval. IN WITNESS WHEREOF, the parties hereto have executed this Amendment To The O Ford Motor Company Fleet Test Equipment Loan and Evaluation Agreement on the day and year first ,.vritten above. As amended herein, the Agreement remains in full force and effect. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: BARBARA B. BERRY, Chairman 3or4 NOV 2 q 1998 pg.;_ Witnesses: FORD MOTOR COMPANY (1) Printed ~ yp~ Name By: $~gnature (2) S,~na;u,e Prmled/Tyl:>e.d Name Prmled,'ryp~,d Name Prmled/T¥'ped Title Approved as to form and legal sufficiency: Chief Assistant Counb' Attorney h:Ram~ro",-\greements',J:ord Amendment. 1998 l'.gV 2 q 1998 4 of 4 PO '- CONTRACT#: F992 REQUEST #: AVT8115V FORD MOTOR COMPANY FLEET TEST EQUIPMENT LOAN AND EVALUATION AGREEMENT THIS AGREEMENT is entered into this 22 day of Oclober, 19 98, by and between FORD MOTOR COMPANY, a Delav,,are corporation (Ford). witl~' offices at The Americ~n'n Road. Dearborn, Michigan, and Collier County Commissioners. a Florida corporation (Borrower), wilh offices at 3301 East Tamiami Trail, Blda. 'H" Second Floor. Room 212'Naples Florida 34112. RECITALS A. Ford is v,'iliir~g to lend to Borrower cec, a~n ~:lu~pment f'Equ~pment") described in Paragraph 1 hereof for the pu.~ose of aiding Ford in evaluating various asp_c.z~ts of the products it manufactures and/or sells B. Bz, rr~',ver ~s willing lo accept ~he Equipment and use it tor the purpose and in accordance with the ~er"r.s a.'-,d :ond~tions of this Agreement. TERMS & CONDITIONS I. Badmer, t. Ford and Borrower agree that this Agreement shall constitute a bailment of the Equipment to Borrower. Ford hereby lends the following Equipment to the Borrower to be held and used by Borrower. as a bailee of the Equipment, in accordance with this Agreement: ITEL,1 DESCRIPTION IDENTIFICATION 1 g'99 Windstar 2FIdlA5141X BAO0013 590W311 P:\FLEET',~AILMENT~VEHSELFA.DOC (AV67~F03) Author: John Dickerson. Snr. Atty.. OGC issue Date: January. 1992 Page 1 o!7 Revision Date: August 31. 1998 Agenda ) '_t (, m~. No. J/'a I:OV 2 1998 CONTRACT #: F992 REQUEST #: AVT8115V O 2. Location and Title, Borrower shall utilize lhe Equipment in ils fleet operations in the contiquous 48 states, area lor the purpose of assisting Ford in evaluating its products. The Equipment shall remain the propedy of Ford. The Equipment shall al all times be properly used and maintained by Borrower and shall be marked "Proper'b/of Ford Motor Company". The Equipmenl shall not be removed from the area referred to above, without Ford's prior written approval, for any reason other than for delivery to Ford. Upon request by Ford, the Equipment shall be immediately delivered to Ford, Ford shall have the righl to enter onlo Borrower's premises at all reasonable times to inspect the Equipment and Borrower's records wilh respect therelo. Borrower shall from time to lime advise Ford of the location of the Equipment. 3, Indemnity. Borrower shall defend, indemnify, and save harmless Ford and ils subsidiaries and their respective officers, directors, agents, and employees (hereinafter collectively called "lndemnitees") from and against any and all losses, damages, claims, actions, costs and expenses, including, but not lirnrted lo, fees and expenses of legal counsel and expert witnesses, that may be imposed upon or incurred by or assened or entered against the Indemnilees. or any of lhem. by reason of actual or alleged: fi) injury Io or death of persons (including, wilhoul limitation, any employee or employees of one or more of the Indemnilees or of Borrower or of one or more of ils conlractors, subcontraclors, vendors or agents): t~i) loss of or damage to the property of any person or legal entity ~ncluding, wilhoul limilat~on, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subconlractors, vendors or agents); or (iii) violation of any la,,',,, ordinance or regulation of any governmental aulhor,l'y (including without limitation, the United States of America or any of ~ts states or Ioca!ilies, or Canada or any of its provinces or localities) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees: as a result of or arising out of or in connection wilh the lesting, evaluation, possession or use, by or on behalf of Borrower, of the Equipment. or the condilion thereof: provided, however, that the foregoing agreement lo indemnify and hold the Indemnitees harmless shall not be applicable to the extenI ~hat any such toss, damage, claim, action, suil. judgment, decree, order, cost or expense are attributable to lhe sole negligence or the willlul or wanton misconduct of the Indemnilees. Borrower shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual notice, and Ford shall be entitled lo participate in the defense et any claim for expenses. 4. Taxes. Fees. and Other Permits. Borrow shall pay all occupational taxes and govemmenlal charges imposed in connection wilh lhe use and operation of the Equipment. including any permits, special permils, licenses or taxes required by the business of Borrower. emissions tests, and all sales, use, excise, personal properly, state, provincial and mileage taxes, lolls, or any olher taxes or fees ( and all Increases lherein) currently in force or which hereafter may be enacted and become due and payable during the lease term with respecl lo the Equipment or its ownership, possession, rental, Iranspodation or deliver,.,,. Borrower shall assume responsibility for ensuring that the Equipment has been properly registered, including any required inspections or testing, in accordance with the laws of P:',FL~:'2T,~AILM£N%VF_HS~LFA.DOC (AV678F03) Author: Jchn D~ckerson. Snr. Atty., OGC Issue Da~e: Jan;ary, 1992 Page2 of 7 Revision Date: August 31, 1998 HO V 2 q 1998 pg. CONTRACT#: F992 REQUEST #: AVT8115V the jurisdiction where the Equipment will be primarily used. Except as olherwise provided herein. Ford sha!l obtain and provide Borrower wdh all necessary authorizations, permits, waivers or exemptions which may be required Irorn a government agency to operate the Equipment on public highways. Borrower shall use, operate, and test the Equipment only in accordance with the terms and provisions of any such aulhorization, permit, waiver or exernplion, and expressly agrees to indemn~y and hold harmless Ford trom and against any and all damages, suits, actions, claims. costs or expenses arising Item, or connected with, any violation or noncompliance with any of the terrns ~:,qd provisions of any such authorization, permit, waiver or exemption by Borrower or any of its agents or employees. Insurance. Borrower states that to the extent it is either qualified as a sell-insurer for aulomobile habihty and. or is sell-insured for comprehensive general liability, Borrower agrees to meet the requirements afforded by commercial automobile liability and commercial general liability insurance coverage as outiined below, wrth limits of not less than S1 million combined single limit each occurrer, ce. as if such insurance had so been purchased To the exlent Borrower is insured. 1he lollo','.'in9 r~_luirements for prr~uring and rnainlmning such ~nsurance apply. Borrower, at ils sole cost and expense, shall procure and maintain during the term of th~s Agreement. from insurers listed in a current "Bests Insurance Guide" as possessing minimum policyholder's raling of "A-" and a financial calegos.' et "VI". commercial automobile liability and commercial general liability insurance covering body iniur/ liability and property damage liabifity, including broad form property damage liability and contraclual liabil~y coverage (either a blankel policy or a policy applying specifically to this Agreement), wi~h limits of not less Ihan S1 million combined single limit per occurrence of loss or damage. Such insurance coverage shall protec1 the Borrower, Ford and any person using, operating or other,vise having an inlerest in the Equipmenl and shall also meet the requirements of any so- called ' no-fault" law now in effect or which hereafler may be enacted. Su.:h ~nsurance policy shall name Ford as an add~ional insured and shall provide that the policy may not be can"..e!l~d or rr',aterialh/ altered v,'~houl 30 days prior written notice to Ford. The insurance provid=:-~ by Borrower will be )rimary insurance and will not be excess to or contributory with respect lo instJrance coverage, if any, provided by Ford. In addition, Ford shall be named as an additional ~nsure~ on any excess or umbrella program purchased or maintained by Borrower. Al or before delivery of the Equipment lo Borrower, Borrower shall provide Ford with acceptable evider~ce of insurance coverage in accordance with this Agreemenl by delivering cedified copies of insurance policies that provide the required coverage, or certified copies of existing insurance policies that have been endorsed to provide the required coverages, or certificates of insurance execmed by the insurer or its authorized representative that certify the required coverages. The furnisr,~ng of such insurance shall not relieve Borrower from any liab~idy or obligation for which it is other,'.,ise responsible to Ford. Ford shall be under no duty to examine any certificate provided by Borrower or to advise Borro',v¢ th'at its insurance coverage does not comply with the requirements set forth here~n 6. Ma~r, tenance and Repairs. Borrower shall inspect the Equipment upon del,very and by acceptance Ihereof is deemed to lind 1he Equipment in good working order and condition. Borrower or its designee shall maintain lhe Equipment in good working order and condition, properly serviced and greased, and comply in every respect w~th the provisions of Paragraph 10 hereof, and of the manufaclurer's owner manual that came wilh the Equipment. Ford or its designee shall make, and Ford shall pay for. all major repairs necessary to maintain the Equipment in good working order and P:.FLEE'r",~AiLMEN'F..V=NS-~LFA.DOC !AV67=.F03) Au',hor: J~,~n D~*.kers~n. Snr, Atty.. OGC issue D=_.te: oanuar'.,', 19~2 Page3of7 CONTRACT#: F992 REQUEST#: AVT8115V condition. T~tle to ell such repairs shatl vest in Ford. All repairs and servicing shall be done by qualified service personnel except that warranty work, to the exlent practicable, shall be done at the shop of lhe nearest authorized dealer in such make of the Equipment. Borrower shall pay for all gasoline, oil and normal service required for the proper operation of the Equipment and for all washing, parking, garage, highway road service, lolls and fines required or incurred in connection with the operation of the Equipment. 7. Delivery and Return of Eeuipment. Ford shall be responsible for delivery of the Equipment Io Borrov;er at Tamiam~ Ford r4aples. Ford shall not be responsible for any delay in delivery of the Equipment. Borrower shall return the Equipment 1o Ford. at a location designated by Ford. no later lhan the close of business on Oclober 21st. 2001 Use of Eauipment. Borrov,'er shall utilize the Equipment for the purposes of modification, testing and'or evaluation, as sp~iffled by Ford from lime to time. Borrower shall utilize the Equipment in its normal fleet operations or as otherwise agreed by Ford in wriling. Borrower shall not use or operale the Equipment in violation of any f~Jeral, state, local or provincial law. rule, regulation or ordinance ir,eluding lhose pedaining to the age and licensing of drivers, the disclosure of Ford's interesl in the Equipment. or other requirements or limitations. Under no circumstances shall Borrower disconnect any odome!er or other mileage r~ording device nor shall the Equipment be used or operated (a) in a mann, er subjecting it lo depreciation above the normal depreciation associated with general commercial use. (b) for any illegal purpose or by a person under the influence of alcohol or narcotics. (c) in an:,, manner or for any pur,,'x:)se 1hat would cause any insurance specified in this Agreement to be suspended, cancelled, held inapplicable or increased in cost, or rd) outside the continental Uniled States or Canada without Ford's express written permission. The Equipment shall be operated al all hines in a safe. careful and lav,'iul manner and by legally qualified drivers. The Equipment may be operat.,~J only by persons ,;,'ho are employees of Ihe Borrower and stand in relations lo the Borrower as employee to employer. Fudher. the operation of the Equipmenl shall be conducted under the exclus~,,'e super',,ision, dir~tion and control of Borrower. Under no circumslances shall an employee of Borrower be considered or held out as an agent, servant or employee of Ford. 9. fnsp~tion and Reports. Borrower agrees to allow Ford to inspect the Equipment and to otherwise observe ¢, in fleet operation at such time and facility as Ford may specify. Borrower shall prowde Ford whh such mileage, maintenance, safety, operating or other information or copies of any such records maintain~,~J by Borrower with respecl to the Equipment as Ford or any governmental agency may require from time to time. 10. Risk el Loss. Borrower shall as, su. me all risks of loss wilh respect to the Equipment. including loss or damage that occurs despite Borrower's exercise of reasonable care. but excluding normal wear and tear. from the time it is delivered by Ford to Borrower at Tamiami Ford and until the Equipment has been relurned to Ford at its local district sales office or at such other local Ford dealership as Ford ma)' designate. In the event of damage to the Equipment, Borrower shall notify Ford to that effect and follow such instructions as Ford may provide wdh respect to repair or disposal of the Equipment. Borrower shall be responsible for payment of any repairs to the exlent not covered by ~nsurance inuring to the benefil of Ford. If any Equipment is lost, stolen, destroyed or is declared a total constructive loss (subject to Ford's agreement as to such condition), Borrower shall promptly r~otify Ford ~hereof and hold any wreckage tor disposal by Ford. With respect to any lost, stolen, or P:~.FL£E'F =~AILM=-t',;T'.V=HS='LFA.DOC (AVG78, F03) Author: John D~ckerson, Snr. Atty., OGC Issue Date: Ja.nuar:,,. 19~2 Page4of7 Re,,,~s~on Date: Au:ust31. 1998 CONTRACT#: F992 REQUEST #: AVT8115V destroyed Equipment, Borrower shall pay Ford (to the exlent not covered by insurance inuring to the benefit ot Ford) an amount equal to lhe wholesale market value for comparable Equipment in a ~ cor,dition similar to the lost, slolen or destroyed Equipment immediately prior Io any such loss 11. Procedures on Accidents. Within 24 hours of an accident, theft or conversion of any Equipment. Borrov,'er shall file a written repod to that effect with Ford and the insurer of such Equipment. Borrov,,er shall promptly notify and furnish Ford with every demand, notice, summons, process and pleadin9 received in every suit. action or claim arising with respect Io the condition, use or operation of the Equipment. and cooperale with Ford and the insurer in defending the same. Ford resen,,es the right to examine any such Equipment. Termination. Ford may terminate this Agreement al any time by giving 30 days prior written notice to 5, orrower, except that Ford may terminate this Agreemen~ effective immediately upon written notice to Borrower. in the event Borrower fails to provide or maintain any insurance required hereunder, or in the event of the filing of any petition by or against Borrower under any bankruplcy, reorganization. receivership law. or Borrower's making an assignment for the benefit of creditors, or if Borrower makes or suffers any voluntaD, or involuntary assignments, or arlachment, lien. or levy is made of or attached to lhe Equipment. or in the event Borrower other,v~se fails Io adhere to the terms and cond~lions of this Agreemenl. Borrower may terrmnate thrs Agreement at any lime by giving 30 days pqor v,'rc, ten notr:e lo Ford Upon termination by e~her pady. Borrower shall make all Equipment imm~--,-Jialely available for return to Ford. The obligations and rights provided in Paragraphs 3, 10. 14 and 'i5 shall survive termination of this Agreement. 13. Assianment. Borrower is expressly prohibited from assigning this Agreement or delegating performance of an), of its obligations hereunder without the prior written consent of Ford. Ford shall not be prohibited from selling, assigning. Iransferring or othenvise encumbering any interest or right I hereunder wi!h resp~t to the Equipment. Nothing conlained herein shall be inierpreled as releasing Borro,','er from any of ils obligations as specified in this Agreement. 14 Publici1, y. Neither party herelo shall identify the other party as a joint venlurer or othen,.vise characlenze the arrangement betv,'een them as anylhing other than a bailment. Borrower shall not disclose or publicize to any third party: (a) any description of the Equipment. technical sp~i'ficafions or olher information about the Equipment: lb) the nature or lerms ot this Agreement; or (c) the results of any lesting, insp~tion or evaluation of the Equipment by Ford or Borrower without Ford's prior v,,r~tlen consent. Borrower shall take the necessary steps to familiarize all appropriale employees of Borrov,,,er ot its obligations under this Paragraph. Neither party shall use the other's name or Iogos, in whole or in pad. for any purpose whatsoever. specific, ail;,, including but nol limited to any ;vrrtten. oral or pictorial endorsement, testimonial or advertisement, whether actual or implied, v,'rthoul such other party's prior writlen approval. 15. Force Maieure and No Consequential Damages. Ford shall not be liable for any failure in pedorming any provision hereof due lo fire or other casualty, labor difficulty, governmental restriction or any cause beyond Ford's control. Borrower specifically warrants that the Equipment is not critical to the ...... A _,.._,, .\ _, .~-L. A.DOC IAV~78F03) Author: John D~.:kerson, Snr. Atty., OGC issue Da~e: Ja-,uary. 1992 qewsior, Da~e: August31. 199B Page5 of 7 CONTRACT#: F992 REQUEST #: AVT8115V operation of its business and the loss of use of such Equipment, for any reason whalsoever, will not have a material adverse effect on its business, tN NO EVENT SHALL FORD BE LIABLE FOR AN"( LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT, OR ANY THEFT, DAMAGE, LOSS, DELAY OR FAILURE OF DELIVERY OR DEFECT OR FAILURE OF THE EQUIPMENT, OR THE TIME CONSUMED IN RECOVERING. REPAIRING, SERVICING OR REPLACING THE SAME. 16. Entire Aareement. Waiver and Noticp. This Agreement constitutes the entire agreement belween the parties and may only be amended~ modified or supplemented by a written amendment execut, ed by Ford and Borrower. Failure by Ford to enforce any term, provision or condition hereof, or Io exercise any of its rights hereunder, shall not be construed as thereafter waiving any such terms. provisions, conditions or rghts In no event shall any course of dealing, custom or usage of trade modify, aller or supplemenl any of lhe terms or provisions contained herein. All nopCes specifi~,~:l or perm~ed herein shall be ~n writing, mailed postpaid U.S. mail. or couner service, wilh return receipt requested. Execution of this document indicates agreement with the terms staled above and acceptance of lhe Equipment in good condition. The person signing for the Borrower warrants and represents that he or she is an officer or agent of the Borrower and is authorized to execule this Agreement on its behalf. !r'l WITty'ESS WHEREOF. the parties hereto have caused th~s Agreement to be executed by their auth.orizccd representatwes as of the date first above writlen FORD MOTOR COMPANY Borrower By: ~arbara B Berry By: Manager or Above B. J DONKERBROOK Manager lis' Chnirman of the Board Vehicie Durability Engineering Date: Date: Added - Ramiro Manahch. Chief Assistant County Attorney A ~p~.~e~ w ~ t'or~ ~ i,~fl0~ Dv.'ight E, Brock, Clerk of the Court. --. . .. - .... ~-- .'-- f..//,~.,~~_ AT' ST: -- P,,=LEE- = ...... '"' - : - ,...~:N, Vr'HS_L~-A.DOC fAV67~F,"3~ Auth.': Jchr, D:ckerson. Snr. Alty.,OGC !s~'~e Da,',e: ua,quary, ", gg2 O ~ev:.~;:.r, Da:e: Au~us:31, lg~B Page6of7 ---Agend¢ ~.tCm 'l APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE' Recommendation that the Board of County Commissioners acknowledge full payment and authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact r:-ees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County. Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: 1. Elizabeth B. Crews Lamb, securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents ($1.500.75) plus accrued interest. 2. Julia laconnelli, securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1,500.30) plus accrued interest. 3. James F. and Priscilla A. Spade. securing the principal balance of One Thousand and Forty Dollars (SI,340.00) plus accrued interest. 4. Howard Robert Eiter. securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents (S1,500.75) plus accrued interest. 5. James A. & Katherine L. Konarzewski, securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents (S1,500.75) plus accrued interest. 6. Stephen W & Jennifer K. MacAlister, securing the principal balance of Two Thousand and Two Hundred Fifty-Nine Dollars and Nine Cents (S2.259.09) plus accrued interest. 7. Juan L. Oviedo. securing the principal balance of One Thousand Nine Hundred and Sixty Dollars (,$1,960.00) plus accrued interest. 8. Ruth Pierce. securing the principal balance of One Thousand Seven Hundred and Forty-One Dollars and Eighty Cents (,$1,741.80) plus accrued interest. 9. Robert J. Larson & Marianne Larson, securing the principal balance 'of One Thousand Five Hundred Dollars and Thirty Cents (S1,500.30) plus accrued interest. 10. Richard M. Treiser, securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents ($1.500.75) plus accrued interest. 11. Craig E. rvliller, securing the principal balance of One Thousand Five Hundred and Ninety-Seven Dollars and Sixty Cents ($1,597.60) plus accrued interest. 12. Eva S. Giddings, securing the principal balance of One Thousand Two Hundred and Fifty-Nine Dollars and Sixty-Six Cents (,5,259.60) plus accrued interest. i-- AGE ND.~ .o. i N0V 24 1998 13. James J & Mary Margaret Gruszka. securing the principal balance of Two Thousand Three Hundred and Sixty-Three Dollars and Eighteen Cents ,,.,2.363.18) plus accrued interest. !4 Gregory A. Jackson/Kathryn M. Randall, securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1.500.30) plus accrued interest. 15. Richard K. Bennett. securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1,500.30) plus accrued interest. 16. Jeffrey & Lora Black, securing the principal balance of One Thousand Two Hundred and Sixty Dollars and Five Cents (S1.260.05) plus accrued interest. 17 Hauke Lorenzen, securing the principal balance of Two Thousand Three Hundred and Sixty-Three Dollars and Ninety Cents (S2.363.90) plus accrued interest. 18 George Greenling. securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents (S1.500.75) plus accrued interest. 19 T~r'nothy Quinn & Vincent McGivney. securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents (S1 50075) plus accrued interest. ' 20. Emilio Jose and Gtadys Rodriquez. securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1 500.30) plus accrued interest. ' 21 David C. & Sheila T. Qu~nn. securing the principal balance of Two thousand and two hundred and forty dollars !S2.240.00) plus accrued interest 22. Jeffrey & Kimber[y R. Page. securing the principal balance of One Thousand Two Hundred and Fifty-Nine Dollars and Sixty-Six Cents ($1259.66) plus accrued interest. 23. F. Donald Corbin. securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents fS1.500.30) plus accrued interest. 24. Hauke & Diane Lorenzen. securing the principal balance of One Thousand Five Hundred Dollars and Seventy-five Cents ($1.500.75) plus accrued interest. 25. Dale R and Theresa J. Waller. securing the principal balance of One Thousand Five Hundred Dollars and Seventy-Five Cents (S1.500.75) plus accrued interest. 26 Laurel L. Chr~stensen. securing the principal balance of One Thousand Four Hundred and Sixty-Five Dollars (S1,465.00) plu' accrued interest. 27 Diversified Equities Limited Partnership, securCng the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1,500.30) plus accrued interest. 28. Irma Rita Perkins. securing the principal balance of Eleven Thousand and Two Hundred Dollars (S11.200.00) plus accrued interest. 29. James R. Hawkins and Jane R. Hawkins. Husband and Wife, securing the principal balance of One Thousand Five Hundred Dollars and Thirty Cents (S1,500.30) plus accrued interest. 30. Keyestone Interlocking Paving Contractor, Inc., a Florida Corporation, securing the principal balance of Five thousand Eight Hundred Eighty Dollars (S5,880.00) plus accrued interest. AG[:NO~, Mo. /~;/') / NOV 2 1998 Pg.. . ",.- 31, Oriando B Cano and Maria Cano, Husband and Wife. securing the principa! balance of One Thousand Two Hundred Sixty Dollars and Five Cents (S1,260.05) plus accrued interest. 32. Elaine Hooven Bass, a single person. George O. Hooven, a married person, securing the principal balance of One Thousand Two Hundred Fifty Nine and Sixty Six Cents/$1.259.66) plus accrued' interest, 33. Gervasio Torres, JR., securing the principal balance of Two Thousand Two Hundred Dollars/S2.200.00) plus accrued interest. 34. Michael E. Rice. Jr., securing the principal balance of One Thousand Five Hundred and Thirty Cents (S1,500.30) plus accrued interest. 35. Anna Dnistrian Naples, securing the principal balance of One Thousand Seven Hundred Forty One And Eighty Cents (1,741.80) plus accrued interest. 36 Camarobf1989) Limited. an Ontario Corporation , secunng the principal balance of One Thousand Five Hundred Dollars And Seventy Fwe Cents (S1,500.75) plus accrued ~nterest 37 Frances Threlkeld. a w~dow, securing the prinopal balance of Nine Thousand Eight Hundred Dollars (S9 800.00) plus accrued ~nterest 38. Harriette Peebles. securing the principal balance of One Thousand Two Hundred Fifty Nine And Sixty Six Cents (S1,259.66) plus accrued ~nterest. 39. Luckner Etienne and Ekmina Etienne. husband and wife. securing the principal balance of One Thousand Eight Hundred Eighty Three Dollars And Forty Six Cents (S1.883.46) plus accrued interest. 40 Joseph Krchnavi and Barbara A Krchnavi, husband and wife, and Stephan Jon Krchnav~. joint tenants with full rights of survivorship, securing the principal balance of Two Thousand Six Hundred Three Dollars And Eighty Two Cents (S2.603 82) plus accrued interest. 41. Robe~ L. Bowlsbey and Mar,/ K. Bowlsbey. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (S!.500.75) plus accrued interest 42. Elhanon Combs and Sandra S. Combs. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (S1.500.75) plus accrued ~nterest. 43 Marklin Glenn Prescott and Evonne Prescott. husband And wife, securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents ($1.500.75) plus accrued interest. 44. Beatrice J. Senecal Cadieux. a single woman, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents ($1.259.00) plus accrued interest. 45. Julia Lee Harris. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (1,500.30) plus accrued interest 46. James J. Gruszka and Mary M. Gruszka. husband and wife. securing the principal balance of Three Thousand Eight Hundred Ninety Six Dollars And Thirteen Cents (S3,896, 13,)plus accrued interest. 47. Charles R. Keller, securing the principal balance of Twenty Five Thousand Four Hundred Forty Dollars (S25,440,00) plus accrued interest. ~o. NOV 2 1998 48 Michael J. Kehl. a single man. securing the principal balance of Two Thousand Four Hundred Eighty Seven Dollars And Twenty One Cents (,$$2,487.21) plus accrued interest. 49. EmilioVina. Jr and GladysVina. husband and wife, securing the principal balance of one thousand three hundred forty dollars ($1,340.00) plus accrued interest. 50. Ercell Bishop and Mary L Bishop. husband and wife, securing the principal balance of Seven Thousand Eighty Dollars (`$7,080.00) plus accrued interest. 51. Robert Porras abd Juanita Porras. husband and wife, securing the principal balance of One Thousand Two Hundred Fifty Nine And Sixty Six Cents (S!.259.66) plus accrued interest. 52. Tropical Investment. A Florida Corporation. securin9 the principal balance of One Thousand Five Hundred And Seventy Five Cents (Sl,500.75) plus accrued interest. 53. Raymond T. Heffernan and Helen M. Heffernan, husband and wife, securing the principal balance of One Thousand Three Hundred Forty Dollars (1 34000) plus accrued interest. ' 54. David Nebus and Robert Iverson. securing the principal balance of Four Thousand Five Hundred Seventy One Dollars And Sixty Cents (S4,571.60) plus accrued ~nterest. 55 Leslie Buie and Katherine S. Buie. husband and wife. securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Ninety Cents (S2.363 90) plus accrued interest. 56. Leandro Noel Gonzalez and Aracelis Gonzalez, husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents /Sl.500 30) plus accrued interest. 57. William CoIlins. Jr.. son, agent for Elizabeth Collins. Mother (deceased), securing the principal balance of Two Thousand Eight Hundred Forty Five Dollars And Sixty Five Cents (,$2.845.65) plus accrued interest. 58. Stanley Wronski. a Single Man, securing the principal balance of Four Thousand Four Hundred Dollars (S4,400.00) plus accrued interest. 59. John Roadman and Kathryn Parrish Roadman. husband and wife. securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (Sl.259.66) plus accrued interest. 60. Maureen T. Catlow, a married woman, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (,$1,500.30) plus accrued interest. 61. Harold E. Gay. a s~ngle man. securing the principal balance of Two Thousand Six Hundred Four Dollars And And Sixty Cents (S2,604.60) plus accrued interest. 62. Hitching Post Co-Op. Inc., A Florida Corporation, formerly known as Hitching Post Homeowners Association. securing the principal balance of One Hundred Twelve Thousand Sixty Dollars (S112.060.00) plus accrued interest. 63. Timothy I',,/1. Quinlan and Mary Jane Quinlan, husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents ($1.500.30) plus accrued interest. ~o. £- ,~.' I 1998 64 Lucille L. Smith. securing the principal balance of One Thousand Two Hundred Fi~y Nine Dotiars And Sixty Six Cents ($1,259.66) plus accrued ~nterest. 65 GeorgeM LaskoJr. andJoyceC. Lasko, husband And wife. securing the princlpal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (S1.500.75) plus accrued interest. 66 Donna M. Hurd. a single woman, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (S1,500.30) plus accrued interest. 67. Steven Baker and Barbara J. Baker, both single persons, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents ($1 500.30) plus accrued interest. ' 68. Clarence L. Penney. widower of Elizabeth J. Penney. securing the principal balance of One Thousand One Hundred Dollars (S1,100,00) plus accrued interest. 69 Barbara L Lamoureu×. Trustee. securing the principal balance of One Thousand Five Hundred DoIlars And Seventy Five Cents (S1 500.75) plus accrued interest 70. John Kenneth Shaw and Barbara A. Shaw. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents f$1.50030) plus accrued interest. 71 Robert L. Howard and Jacqueline A. Howard. husband and wife, securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (S1.50075~ plus accrued interest. 72. Bert G. Hawkins and Wanda M. Hawkins. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents ($1.500.75! plus accrued interest. 73 Eduardo Pere~ro and Luisa Pereiro. husband and wife. and Yadira Pereiro. a single womar~ securing the principal balance of Two Thousand Two Hundred Dollars !$2.200.00) plus accrued interest. 74. Gene Biaggi and Marolyn Biaggi. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (S1,500.30) plus accrued ~nterest. 75 Thomas W Mancinelli and Carol J. Mancinelh. husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (S1.500.30) plus accrued interest. 76. Quincy A. Finger And Janine L. Finger. husband and wife, securing the principal balance of One Thousand Two Hundred Sixty Dollars And Five Cents (Sl,260..05) plus accrued interest. 77. M. Peter Spraitz and Cindy F. Spraitz, husband and wife, securing the principal balance of One Thousand Seven Hundred Forty One Dollars And Twenty Six Cents ($1,741.26) plus accrued interest. 78 Campus Book Company, Inc., a Kansas Corporation, securing the principal balance of Six Thousand Seven Hundred Dollars (S6,700.00) plus accrued interest. 79. Roland A. Powell and Linnette Powell, husband and wife, securing the principal balance of Two Thousand Eight Hundred Forty Five Dollars And Sixty Five Cents ('S2.845.65) plus accrued interest. i ,o.._.L.¢:,.), 80 Fred C. Attwood and Terry Attwood, husband and wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (Sl.259.66) plus accrued interest. 81. Maria L. Galan. a single woman, securing the principal balance of One Thousand Three Hundred Forty Dollars (S1,340,00) plus accrued interest. 82. Elmer M. Duncil and Barbara Ellen Duncil. husband and wife, securing the principal balance of One Thousand Two Hundred Sixty And Five Cents ($1,260.05) plus accrued interest. 83. St. Jean Jean and Merita Jean, husband and wife. securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Ninety Cents ($2,363.90) plus accrued interest. 84. Emilio Galagarza and Zoila Galagarza. husband and wife. securing the principal balance of One Thousand Nine Hundred Sixty Dollars (S1,960.00) plus accrued ~nterest. 85 Joseph Felix Trutwin and Rose Ann Trutwin, husband and wife. securing the principal balance of Two Thousand Two Hundred Forty Dollars fS2.240.00/ plus accrued interest. 86. Sylvia Chandler, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (S1,259.66) plus accrued interest. 87 Evander W. Moore and Lisbeth L. Moore, husband and wife and William H. Mitchell. Jr. and K Patricia H. Mitchell, husband and wife. securing the principal balance of Four Thousand Five Hundred Seventy One Dollars And Sixty Cents (S4.57160 plus accrued Interest 88. Alan P. Bolton. securing the princ~nal balance of Nine Thousand Eight Hundred Sixty Dollars (S9.860 00) plus accru~ ::t interest. 89. NUole Duleba Clause. a remarried woman, securing the principal balance of one thousand two hundred sixty dollars and five cents (Sl.260.05) plus accrued interest. 90. Bing Fong Su and Mei Ye Su, husband and wiife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (Sl,259.66) plus accrued interest. 91. John D Frankis. Sr., securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Eighteen Cents (S2,363.18) plus accrued interest. 92. Conard Wrightsman and Connie Wrightsman. husband and wife, securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Ninety Cents (S2.363.90) plus accrued interest. 93. Michael A. Tomany and Cheryl K. Tomany, husband and wife, securing the principal balance of Three Thousand Two Hundred Ninety Two Dollars And Thirty Eight Cents (S3.292.38) plus accrued interest. 94. Glenn Terry and Lydia Terry, husband and wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (Sl,259.66) plus accrued interest. 95. Douglas M. Warner, I11, and Diane Marie Schweizer Warner, husband and wife formerly known as. Douglas M. Warner, II1", a single person , and Diane Marie Schweizer. a single person, as joint tenants with rights of survivorship, .~ _~:~-,. ~,,.u.,,, ,~,^ -1~-' X~~[~ principal balance of One Thousand Two Hundred Fifty Nine Dollarsand Sixty Six Cents (Sl.259.66) plus accrued interest. 96. Clarence R. Johnson and Florence A. Johnson, husband and wife, an estate by the entireties with full rights of survivorship, securing the principal balance of Six Thousand Nine Hundred Forty Dollars (S6.940.00) plus accrued ~nterest 97. Larry D Bock and Margaret J. Bock. husband and wife. securing the principal balance of Two Thousand Two Hundred Forty Dollars (S2.240.00) plus accrued interest 98 VVilliar"n H Taylor and Maxine H. Taylor, his wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents ($1,259.66) plus accrued interest 99 John A Leshe. securing the principal balance of Four Thousand Five Hundred Seventy Eight Dollars And Ten Cents (S4,578.10) plus accrued interest. 100 David N Sexton. Trustee, securing the principal balance of One Thousand Two Hundred Fifl:y Nine Dollars And Sixty Six Cents (1.259.66) plus accrued interest. 101 R Earl Lan~us and Betty S Lanius, husband and wife, secunng the principal balance of One Thousand Seven Hundred Forty One Dollars And Twenty S~x Cents (S1.741 26) plus accrued interest. :02 Linda L. Johnson, a s~ngle woman, securing the principal balance of One Thousand Three Hundred Forty Dollars (S1,340.00) plus accrued interest 10,.3 Adrian Goode and Sally Goode. husband and wife, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents fS1.500.30) plus accrued ~r~terest 104 Cheryl L Hartman, Personal Representative of the Estate of Mark Douglas. deceased, securing the principal balance of One Thousand Eight Hundred Fifty Nine Doltars And Sixty Seven Cents ($1,859.67) plus accrued interest. 105, Robert Porras and Juanita Porras, his wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (S1.259.66) plus accrued interest, 106. Beverly A. Henry, securing the principal balance of Two Thousand Six Hundred Four Dollars And Sixty Cents (S2,604.60i plus accrued interest. 107. Gary L NickellandGIoria Dianne Nickell, husband and wife, securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents ($1.500.75) plus accrued interest. t08 Michael A Tomany and Cheryl K. Tomany. husband and wife, securing the principal balance of One Thousand Seven Hundred Eighty Three Dollars And Fifty Four Cents/S1.783.54) plus accrued interest. 109 Helen Kelley Johnson, a married woman. Frank R. Lee. a widower, securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Eighteen Cents (S2,363.18) plus accrued interest. 110. Lloyd O.Wright. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (Sl,500.75) plus accrued interest. 111 Wesley H. Schuhknecht and Janis I. Schuhknecht. husband and wife, securing the principal balance of Seventeen Thousand Four Hundred Twenty Dollars fS17.420.00) plusaccruedinterest i ^G[~r~ z.r[,~ .1 no .... If.- t.'~ / N0¥ 2 1998 112. Roger C, Walsh, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (S1,500.30) plus accrued interest, 113. Terranse R West and Sarah E. West. husband and wife. securing the principal balance of One Thousand Three Hundred Forty Dollars (S1,340.00) plus accrued interest. 114. David Steinberg. securing the principal balance of One Thousand Two Hundred Sixty Dollars And Five Cents (Sl,260.05) plus accrued interest. 115 Eugeniusz Kulawik and Kazimiera Kufawik. husband and wife, securing the principal balance of Twenty Thousand One Hundred Dollars ($20,100.00) plus accrued interest. 116 Lawrence M. Boyk. a married person, securing the principal balance of Eleven Thousand Seven Hundred Sixty Dollars ($11,760.00) plus accrued interest. 117 James Ross Nickel and Patricia Ruth Nickel, husband and wife, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (S1 500.30) plus accrued interest. 118. Lloyd G Sheehan. seller. Diana M. Ray Recle. a married woman. Buyer. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (S1.500.75) plus accrued interest. 11g. Jack M. Behling and Allison Behling, husband and wife, as an estate by the entireties, securing the principal balance of One Thousand Seven Hundred Sixty One Dollars And Ninety Six Cents ($1,761.96) plus accrued interest. 120. Michelle M. Mc Dermott and Charles Me Dermott. wife and husband, securing the principal balance of Two Thousand Three Hundred Sixty Three Dollars And Eighteen Cents (S2.363.18)plus accrued interest. 121 Bill L. Herbst. securing the principal balance of Two Thousand Eight Hundred Ninety One Dollars And Seventy Eight Cents ($2,891.78) plus accrued interest. 122. Arnold M. Cantrell and Melva Cantrell. husband and wife. securing the principal balance of One Thousand Two Hundred Sixty Dollars And Five Cents ($1,260.05) plus accrued interest. 123. W Gary Sanders and Cassandra A. Sanders. husband and wife. securing the pnncipal balance of Two Thousand Eight Hundred Forty Four Dollars And Seventy Eight Cents ($2.844.78) plus accrued interest. 124. James P. Roseboom and Glory Y. Roseboom. husband and wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (,$1.259.66) plus accrued interest. 125. Richard W. Green and Betty J. Green, Husband And Wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (S1,259.66) plus accrued interest. 126. David P Emmett and Joan M. Emmett, husband and wife. securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents ($1.500.75) plus accrued interest. i27. Mabel C. Winchell, a single woman, and Ruth L. Winchell. a single woman, securing the principal balance of One Thousand Five Hundred Dollars And Thirty Cents (,$1.500.30) plus accrued interest. 0 V 2 1991] Pg.__ ~ !28 Rona!d M. Cilak and Deborah J. Citak, husband and wife. securinq the principal accruedbalance of interest. One Thousand Five Hundred Dollars And Thirty Cents (,$'1,500.30i plus 129 Gloria D. Hurben and Murray C. Hurben, husband and wife, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (S1.259.66) plus accrued interest. 130 Gall E. Clayton. securing the principal balance of Two Thousand Eight Hundred Forty Four Dollars And Seventy Eight Cents (S2,844.78) plus accrued interest. 131 Anthony M. D'amore Sr., and Elinor H. Ebeling. joint tenants with right of survivorship, securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents (Sl,500,75) plus accrued interest. 132. Raphael St Louis and Analia St. Louis, securing the principal balance of One Thousand Five Hundred Dollars And Seventy Five Cents ('S1,500.75) plus accrued ~nterest 133 Ann Russell. a single woman, securing the principal balance of One Thousand One Hundred Dollars (S1.100.00)plus accrued interest 134 Ercell E B~shop. and Mary L. Bishop. husband and wife. securing the principal balance of Five Thousand Eight Hundred Eighty Dollars ($5,880.00) plus accrued ~nterest. 135 Paul Ankrom and Anna M. Ankrom, husband and wife, securing the principal balance of One Thousand Two Hundred Sixty Dollars And Five Cents (,$1.260.05) plus accrued interest. 136 Harriette L. Peebles. a single woman, securing the principal balance of One Thousand Two Hundred Fifty Nine Dollars And Sixty Six Cents (S1,259.66) plus accrued ~nterest. 137 David C & Sheila T. Quinn. securing the principal balance of Two Thousand and Two Hundred and Forty Dollars (S2.240.00) plus accrued interest. Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in the County's water impact fee fund by $0.00 (Account No. 411-273511-343336) and the sewer impact fee fund by S469.044.85Account No. (413-263611-343560), The fiscal impact for recording the Satisfaction of Liens is approximately S907.50, which is to be charged to Account No. 510-102020-649030, Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees and direct staff to record satisfactions with the Clerk of Courts. Prepared by: Gary Mo/r~,'R~ve~ue SL~pervisor Date: _// Depart~nent of Revenue John,,Yonkos-ky, ~D"~ector Department ofl~evenue · Approved by: .- ',_-..:, - /_....--'- Date: " .':'-; Leo Ochs Jr., Adrfiinistrator / Support Services' EXECUTIVE SUMMARY APPROVAL OF EXPENSES RELATING TO THE SUPERVISOR OF ELECTIONS WAREHOUSE MOVE. OBJECTIVE: To have the Board approve'expenditures relating to the Supervisor of Elections warehouse move. CONSIDEIL,~TIONS: The Board approved expenditures relating to the Supervisor of Elections warehouse move on June 23, 1998 (Agenda Item No. 14A). On July 28, 1998 the Board directed staff to negotiate a lease with Collier Enterprises and authorized the Chairman to execute said lease along with all appropriate budget amendments. Lease improvements have nov,, been completed and November 24, 1998 has been scheduled as their move in date. In addition to the lease, thc Board approved expenditures relating to the new facility. These include: ,Moving/contractor) 1500. Phones (installation) 1200. Security System (installation) 750. Shelving System 5000. Portable Loading Dock 7200. Contingency 1000. Total 16,650. A budget amendment for thc above nan'md items would be constructed that transfers funds from' General F'ur~d Reserves to thc Supcrvisor's operating budget. FISCAl_, IMPACT: The total cost as addressed within this summary is $16,650. Funds would be transfen'ed from General Fund Reserves (001-919010) to the Supervisor's operating budget 080- 511010. GROWTI! MANAGE?,,IENT IMPACT: None. RECOSI~IENDATION: That the Board approve a budget amendment for expenditures relating to thc Supervisor of Elcctions warehouse move. Prepared By: ._: ..3- ;- ' '" Date: ' "':" Skip Camp, CFM, Director The Department of Facilities Management Approved By: .. ' ' " "-- ' Date: " I ~o. lC. [">Z.. Support Services Division I ,, / APPROVAL OF BUDGET .4~5IENDSIENTS BCC Agenda of November 24. 1998 Suppor! St'rviccs (Fund No. 001J Budget Amendmenl No. 99-046 ]nfi~rmation, Technolouv Capital Outlay $3,476.00 ~encral Fund Reserves {$3,476.00) Total £xpla :a~ion: ^ Purchase Order for equipment was closed in error at the end of FY 98. Funds for tl~is purchase must bt. authorized from General Fund reserves to complete this transaction. 1998 BOARD OF COUNTY COM'MISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 24. 1998 I. NIISC'EI.LANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTEI): 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(1 ). the disbursements for the Board of County Commi~;sioners for the period: A. November 2 - 6. 1998 3. Districts: A. South Florida Water Management District's The Big Cypress Basin Board Agenda of October 30. 1998 and Minutes of September 8. 1998. [3. South Florida \Vater Management District's Governing Board Meeting Agenda of November 12. 1998. C. l. etter of October 26. 1998 from Charles L. Lester. Auditor General. State of Florida to Commissioner Barbara B. Berry. Chair. along with a cop.,,' of Report No. 1331 ]. An Operational Audit ofthe South Florida V,"ater Management District. 4. :'xlinutcs: A. Airport Authority Agenda of October 29. 1998 and Minutes of September 30. 1998. t3. ('oilier County Planning Commission Agenda of November 5. 1998 and Minutes of October 1. 1998. C. Environmer~tal Advisory Board Agenda of November 4, 1998 and Minutes of October 7. 1998. D. Golden Gate Beautification Advisor),' Committee Minutes of October !3. 1998 and Agenda of November I0. 1998. E. t Iistorical/Archeologica] Preservation Board Agenda of November 13. 1998 and ,Minutes of October 16, 1998. F. Library .,\dvisorv Board Minutes of September 23. 1998 and Director's Report of September 15. 1998. O G. Parks and Recreation Advisory Board Agenda of October 28. 1998 arid Mim.eq of September 16. 1998 ' AGENDA ITEM No. / NOV 2 4 1998 pg, / I-t. Pelican Bay MSTBU Advisory Committee Agenda of November 4. 1998 and O Minutes of October 7, 1998. No._ /~ NO¥ 2 q 1998 Pg. ~ EXECUTIVE SUM~,,,Ry RECOM~ENDATION TO APPROVE AN INCREASE OF NINE SWORN LAW ENFORCEM]KNT OFFICERS IN T}!E 1998/99 SHERIFF'S OFFICE BUDGET FOR T~E ~ITED STATES DEPAR~4E1TT OF JUSTICE THREE YEAR COPS IN SCHOOLS GRANT PROGRA24. OBJECTIVE: To seek Board approval to increase the number of Sheriff's Office 1998/99 and subsequent years budgeted sworn law enforcement officer positions in order to request funding from the United States Department of Justice COPS (.Community Oriented Policing Services) in Schools Program. CONSIDERATIONS: On November 8, 1994, the Collier County Commission agreed to be the local coordinating unit of government for the COPS program grants. On Oc=ob_r 26 1998 the Sheriff's Office was notified of eligibility for funding to help hire co~unity policing officers to work in primary or secondary schools. According to the Department of Justice, 100,000 children carry guns to school; 160,000 children miss class every day because of the fear of physical harm; and 81 percent of teachers say they spend mos[ of their time on undisciplined students. 1997 statistics indicate i,013 incidents during the 1996/97 school year in the Collier County Middle Schools. Incidents included 182 assault, 145 batter).', 566 disturbance, 95 drug, and 25 weapon cases. Many communities are discovering that trained, sworn Law enforcement officers assigned to schools make a difference. The presence of these officers provide schools with on-site security and a direct link to local law enforcement agencies. The COPS in Schools initiative provides an incentive for law enforcemen[ agencies to build working relationships with schools to use community policing efforts to combat school violence. Collier Coun5y Public Schools has entered into a Partnership Agreement with 5he Sheriff's Office that supports the five Youth Relation Depu5ies, two Gang Unit, and two ASSIST Center grant funded officers under this program to be assigned to work in primary or secondary schools· The nine position will cover 23 schools or 2.5 schools each. The Sheriff's Office and School Board have been aware of the growing need for elementary intervention/prevention. Unfortuna5ely prior to this grant opportunity funds have been limited. COPS in Schools grants will be awarded to provide for a designated pot[ion of the salary and benefits of each new officer over three years· The maximum is $125,000 per officer, any remainder is paid with state or local funds. Federal funding for the ~9_additional COPS-eligible positions is being requested to supp%r~-'~.--e~--$.~,.~ officers dedicated to school activities to deal ~ith~a~'~red66e violence and enhance school safety in and around schools. County. Proposed actmvmtles w~ll be l~nked ~o ~. ove~al.t organizational community policing strategy. FISCAL IMPACT: ,,Ae Local Grant Match for three years is $27,728 affecting fiscal year 2000/01. Federal funding is requested for 100% of eligible costs for the FY 1998/99 and 1999/2000. Subsequent funding will be requested as part of the Sheriff's Office operating budget per attached Exhibit "A". GROWTH IMPACT: All subsequent year funding will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available au the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Board of County Commissioners approve an increase of nine sworn law enforcement positions in the 1998/99 and subsequent years Sheriff's Office budgets for the United States Department of Justice COPS in Schools Program. Captain Doug-c~ert}Dr~, 'Youth & Prevention Services Don Hunter, Sheriff DATE: November 9, 1998 EXHIBIT ~ in Schools Program FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 1998-99 $ 372,114 $ 0 $ 372,114 1999-20 $ 385,344 $ 0 $ 385,344 2000-01 $ 367,542 $ 27,720 $ 385,344 $1,125,000 $ 27,720 $1,152,720 ITEM NO dP~ - / 2-. DATE RECEIVED: ',":7:: ' - . -- FILE NO.: C~ ~,~,~ ?.OUTED TO: '"'~t-3 '~';; : DO NOT k~.ITH A~O;'~ THIS SPACR REQUEST FOR LEGAL SERVICES (Please ='~q~e or pr~n=~ Date: . November ~, 1998 To: Office of the County Attorney Attention: ..Thomas Palmer, Esq. From: ..C~fstal K. Kinzel 0~ Finance Director ..... ~ s 0 ice Finance Division ~PS in Schools Procram BACKGROUND OF REQUEST/PROBLEM: T~e Sheriff's Office is requesting the addition of nine sworn law enforcement ricers to :he 1998/99 budget. THIS IT~ ~S/~ NOT BE~ PR~IOUSLY S~MITTED. ACTION REQ~STED: Legal approval of Execuzive Su~a~. C: Don Hun~er, Sheriff EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 1997 IN FISCAL YEAR 1998. OBJECTIVE: To have the Board of County Commissioners adopt the budget amendment appropriating $26,038,301 of carry forward, in various funds, to provide expenditure budgets for those purchase orders that were in the process of being completed, but not completely fulfilled as of September 3(~, 1998. CONSIDERATIONS: Purchase orders were issued to various vendors during FY 97 and there were budgets to pay for those purchases. The purchase orders continue to be valid at fiscal year end. The County continues to need those products or services ordered. However, the budgets to pay for those items expired as of September 30% If the purchase orders were cancelled on September 30~ they would have to be reissued on October 1" which would require unnecessary record keeping changes for the vendors, the County's Purchasing Department, the Clerk's Finance Department and the department which placed the order. Therefore, FY 99 budgets need to be appropriated to replace those that expired, to allow payment to be made. FISCAL IMPACT: This Executive Summary appropriates Carry forward of $26,038,301 according to the attached schedule by fund. These purchase orders were previously approved and the money with which to make payment was encumbered at the time the purchase orders were issued. The County's financial system is capable of taking such transactions into consideration at fiscal year end. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board approve the budget amendment for $26,038,301 to appropriate carry for',*~ard and expenditure budgets for FY 99, for open purchase orders at the end of fiscal year 1998. Shirley Var~Viiet, Technical A~sistant Mike Smykowski, Director, Office of Management and Budget REVIEWED BY: ~r-Jim'M~t~hell,-~'inanF..e Director AGEt,~DA ITEM I lt0V 2 q FY 98-99 BUDGET AMENDMENT TO FUNDS SHOWN AMOUNTS ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS TO PROVIDE FOR FY 98 OPEN PURCHASE ORDERS Fund ._Titl__ge Fund To[al 001 GENERAL FUND 247,070 101 ROAD AND BRIDGE 134,523 104 MSTD ROAD DISTRICT 3 125,264 106 MSTD ROAD DISTRICT 5 3,595 108 POLLUTION CLEANUP & RESTORATION 207,251 109 PECICAN BAY MSTUBU 7,006 111 MSTD GENERAL FUND 134,875 113 COMMUNITY DEVELOPMENT 304,252 114 WATER POLLUTION CONTROL 29,845 118 EMERGENCY MANAGEMENT & FIRE GRANTS 70,935 121 URBAN IMPROVEMENTS GRANTS 16,897 123 COLLIER CO SERVICES FOR SENIORS 19,311 126 METRO PLANNING - M.P.O. 32,282 130 GOLDEN GATE COMMUNITY CENER 6,978 136 GOLDEN GATE BEAUTIFICATION 6,150 156 IMMOKALEE BEAUTIFICATION 30,015 190 MISC FLA STATUTES FEE 2,150 191 STATE HOUSING INCENTIVE PARTNERSHIP 1,423 193 TOURIST DEVELOPMENT TAX 256,258 194 TOURIST DEVELOPMENT TAX 421,641 195 TOURIST DEVELOPMENT TAX 1,254,105 196 TOURIST DEVELOPMENT TAX/ECO DIASTER 2,000 226 NAPLES PARK DRAINAGE 536 232 PINE RIDGE/NAPLES PARK PRODUCTION 14,000 301 FACILITIES MGMT 878,889 306 PARKS IMPROVEMENTS CIP 154,661 313 ROAD CONSTRUCTION GAS TAX 912,441 320 CLAM BAY RESTORATION 108,326 325 WATER MANAGEMENT CIP 297,910 331 ROAD IMPACT FEE - DIST 1 1,036,502 333 ROAD IMPACT FEE - DIST 2 340,373 334 ROAD IMPACT FEE- DIST 3 497,250 336 ROAD IMPACT FEE - DIST4 948 338 ROAD IMPACT FEE- DIST 5 32,135 345 REGIONAL PARK IMPACE FEE 61,166 355 LIBRARY SYSTEM IMPACT FEE 56,038 368 NAPLES URBAN COMM PARK 821,517 408 COUNTY/WATER SEWER 355,841 410 COUNTY/WATER SEWER DEBT SERV 12,097 411 WATER IMPACT FEES 7,986,242 412 COUNTY WATER CAPITAL 1,954,355 413 SEWER IMPACT FEE 3,172,188 414 COUNTY SEWER CAPITAL 2,711,594 441 GOODLAND WATER DISTRICT 470 SOLID WASTE 2,000 491 EMS- GRANTS 947,928 495 CILLIER COUNTY AIRPORT AUTHORITY ,,....,~14,325 496 AIRPORT AUTHORITY-GRANTS ,,~!2>~ ITEM 510 DEPARTMENT OF REVENUE 51,508 To[al added to FY98-99 Budget $ 26,038,302 EXECUTIVE SUMMARY A PPRO 1511. OF A RBI TRA GE CALCULATION AGREEMENT I~YTfl AR TtlUR ANDER~E/~; LLP OBJECTIVE: To obtain Board of County Commissioners approval to the contract with Arthur Andersen, LLP for arbitrage calculation services. CONSIDERATION: Via Resolution 96-158, the Board of County Commissioners directed the Clerk of the Circuit Court to monitor all matters pertaining to arbitrage. The contract with Arthur Andersen, LLP for arbitrage calculations expired at the completion of last years calculations. The Clerk of the Circuit Court in concert with the Purchasing Department issued an Arbitrage Calculation Services Request for Proposal to 27 firms. On September 4, 1998 three responses were received and evaluated based on the criteria established in the RFP. A staff selection committee evaluated the proposals and ranked them in the following order: t. Arthur Andersen. LLP 2, MBIA 3. Ernst and Young FIS'C.4L IMPACT: The contract includes an estimated maximum amount of S55,000 for the 1998 calculations. Funds are budgeted in the various debt service funds. The amount is estimated due to the nature of this service and the uncertainty of various bond-refunding options and proposed ne',,,, issues. GRO If 'TII 3L4,.~,1GEMENT I,;IP,.! CT: None. RECOMMENDA TIO,Y: The Clerk of the Circuit, via his responsibilities outlined in resolution 96-158. recommends lha! the Board qf CounO, Commissioners approve the proposed agreement with Arthur ,4tlderst, n. LLP for arbitrage calculation sen'ices. James L. Mitchell, CIA, CFE. CBA - Director of Finance and Accounting Reviewed By: __.~/,_,. ,. Steve Carn~'ll Director of Purchasing Approved By: Date: Clerl~6f the Circuit Court THIS A. GREE.NIENT, made and entere~:t into on thi~ da,,' of 19~.)$, bv --: between Arthu,,' :\ndersen, LLP, hereinafter called the "Contractor' and Collier Count,., ,: political subdivision of the State of Florida, Collier County, Naples, hereinafter cali,:.d' 'County"' WITNESSETH: 1. CO.XI*IENCE:XlENT. The Contractor shall commence the work upon execution of this .:..greement. Tl:e initial contract shall be for a tl'u'ee (3) .','ear period, commencing on e×ecution of ti'tis Agreement, and terminating on December 31, 2001. The County, at its discretion, shall have the option to request renewal for two (2) additional one ~1) year periods. _. STATE,lENT OF WORK. The Contractor shall provide Arbitrage Rebate ~ Requirements Collier County in accordance with the terms and conditions Services for ef the specifications of RFP ~q.~ ~a' ' ' ~-~--~., an~ the contractors proposal hereto attact:ed and incorporated herein by reference including Appendix D, Contractor's Cost Proposal, a> L, ':t t ;'a ct, ,:-. ~, :~ rc.s;,c,nslv!e for thc completeness and accuracy ot the t'ii',,;n,:i,:l ::nt',,:'m,nti,',n l.,r,wi~ed to the Contractor for the arbitrage computatio::s. 3. SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period(s) established by mutual agreement betwee:'~ Contractor and the Finance Director or his designee for completion of the various tasks of the project. !;~ order to facilitate compliance with fi;Iai computation date requir~.,me:ats, the C,,untv n:,.'~,~ to provide notification to Contractor of redemptions and retirements within seven (7) days of such redemption or retirement. The Coumv shalI provide a minimum ~,t' ten (10) business davs notice of the date that the required computational information shall be available in order to facilitate scheduling and travel arrangements of Corm'actor's persom~el. I '.- 95.2852 ,!..,!,~;'.,. eau,:,,! bv the County in m,.:eting the scheduled delix'er:lbIcs. ']'~ Iht., '""."';" "-! C{,ntractor shall prepare exterl,qon request,~ £o:' the County',,. lc, n,~,ur,., ir' tt::: ,'.::,i co::~,r, lctc information is not available at a mirfirnum of thirty (3i3) days t',ri,~r t(, the ":'".' d,:tc o,' t ,t ,., requested dar,.'. Any interest which a¢crtlc.,, 4. THE CONTRACT SU,',,I. The County shall pa}' the Contractor for the performance of ~.;.-- Agreement an estimated maximum amount of £iftv-£ive thousand dollars /$55,000.00) for the '199g Arbitrage R,.'bate Calculati~,n~. This amount is [,a~;cd t-,i-~ th,.. ': .~.::': 1~'~''' ,' ~ ~' )tit), and future .-\rbit:'ag,~ Rebate Calct:lat~,ms, wilt be l',ascd ~m the :'.:::t:::~iiv :'~,.:z,:tiat,..d, [,et,,v,..cr, the County and C(.mi'.r,:ct,~r. Other Reimb'ursable Expenses s}'.all be bilied as per Item 5, "Compensation", in a maxim,am amount not to exceed two t};.,usand dollars (S2,000.00) per 5'ear. 5. CO.XlPENSATION. The County shatl pa5. the Contractor for the performance of this .-',~;:'een~ent u?on completion of the work as accepted and approved by the Finance Director or his designee pursuant to the price schedule offered by the contractor in his · "o?osal, together with the cost of any other charges/fees subn~itted in the proposal. Pay.meats shall be made to the Contractor when requested as work progresses, but not m.'."e frequently than once per month. ?c:','ment will be made upon receipt of a proper invoice and in compliance with Section ' 2S.7'0, Fla..q.'~at.~., otherwise known as tine "Florida Pro:'npt Payment Act". Scheduled :'..~'. ':~,_.:t< f,.~r r'utt:re year Arbitral,, Rebate Calculations wii! be mutually ,:greed ~'.; ~_ ,':: ..... ,~:-,.,.t ti',,., Conh'acto:- b,:sed on v, non the work is scl',cduled to take pl,,,ce. 'l-ravel Expenses Travel Expenses st-tall not exceed tv.'o thousand dollars (S2000.00) per )'ear unless a??roved in advance in writing by the Count,,'. Travel expenses shall be reimbursed a,' tb.e rates used by Collier County for its em!~loyees as per Section 112.061 Fla. S~:ats. [ ,t. :-.a~-£;A 95.2S52 Reimbursements shal! be at the following rates: O hlilc, age: S .29 per mile t~:eakfast: S3,00 Lunch: S6.00 Dinner: S12.00 Airfare: Actual ticket cost Rental car: Actual rental cost Lodging: Actual cost of lodging at single occupancy. . rate Parking: Actual cost of parking Taxi or Airport Limousine: Actual cost of either taxi or airport limousine Contractor shall be responsible for all other costs and expenses associated with activities undertaken pursuant to this Agreement. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly .,,erred i:'mailed by ,,-'q , ,~ ' rcot_tcr~.~, or certified mail to the Contractor at the following Address: .",Is. Joan DiS. larco Arthur Andersen, LLP 1601 .X. Iarket St. Philadelphia, PA 19103 Ail Notices from the Con,actor to the County shall be deemed duly se:-ved if mailed b': registered or certified mail to the County to: Collier County Government Center Purchasing Deparm'mnt - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 TLc Co:',:ractor and the County may change the above mailing address at an',' time uj.ton giving the other party written notification. All notices under this Service Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a parmership between the County and the Contractor or to constitute the Contractor as an agent of the Count,.'. $. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the Count), shall be processed internally by the C~,u:.tx'. All non-County permits necessary for the prosecu~~~,e procured and paid for by the Con,actor. The Con,actor shal~also ~ ~I~1.~' K~3nsit~e ~&..~ .... 95.2852 for pay::~ent of an',' and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Fh'~rida, or ~hc U. S. Government now in force or hereafter adopted. The Contractor agrees con':'-l"r..' with ail laws governing the responsibility of an employer, with respect to ?e: .... ~o,:s ,'.~"',~.,ved ....... by the Contractor. NO ISIPROPER USE. The Contractor will not use, or suffer or permit any person use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any. purpose in violation of any fecieral, state, county or municipal o** .... ~:,,,., t,~¢, order or regulation, or of any governmental rule or reguIation now in effect or l~ereafter enacted or adopted. In the event of such violation by the Contractor or if tl~e County or its authorized representative shall deem any. conduct on the part of the Co:-.tractor to be objectionable or improper, the County shaIl have the right suspend the contract of the Contractor. Should the Contractor fail to correct any such x'iolatien, conduct, or practice to the satisfaction of the County. within twenty-tour. (24) t~ours at':er receiving notice of such violation, conduct, or practice, such suspension to ~,~ .... ,..~- z:ntil thc violation is cured. The Contractor further agrees not to commence ot~erat~e:t during the suspension period until the violation has been corrected to the < '~':~ of the County. 1,3. TER.XlINATION. Should the contractor be found to have failed to perforn't his services i:: a ma:xne: satisfacto,,'v to the County as per the requirements of this Agreement, the Count'.' may terminate said agreement immediately for cause; further the County may termi?,ate this Agreement for convenience ',,,'itl'~ a seven (7) day written notice. Co::n.~',' s?,all be sole judge of non-performance. 11.._x..'O DISCRI.XIINATION. The Contractor agrees that there shalI be no discrimination as to race, sex, color, creed or national origin. 12. INSUP, ANCE. The Contractor shall provide insurance as follows: ..'.,. Commercial General Liability: Coverage shall have minin'tum limits of S5013,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabilitv. This shall include Premises and Operation~'; Independent contractors; Products and Completed Operations and Contractual Liabilitv. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal l'a,,vs. The cox'erage must include Employers' Liability with a minimum limit of $500,000 for each accident..' C. Ps ofes si onal Liability: Coverage shall have minimum limkm,af,$.l.,.00.q.~020._0.~_. [ ",.~,..~.~_~.. 4 -95.2552 St:,ecial Requirements: Collier County shall be listed as the Certificate }'toider and included as an Additional Insured on the Comprehensive General Liai:,ilitv ?olicv. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to t~e Codntv in the event of cancellation modification of any stipulated insurance coverage. ConWactor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. IXDE~INIFICATION. The Contractor shall indemnify, dcr,.~:d and hold harmless the County and its off:cots, employees, agents and instrumentalities t'rom and a,*o~<' all claims or suits (including attornevs fees and costs of defense) asserted or prosecuted by third parties arising out of Contractor's failure to satisfy its obligations under this agreement, through error, omission, negl'~ , :"' loch, act or misc,~,:;duct of the Contractor or its employees, or that of its subcontractors or their e:n?ioyees, if any, provided however, that the Contractor is given reasonable notice of, and the opporPunitv to defend, settle and compromise any such claim. No .... no contained hc,e.n, however, is intended to confer on any third party any r~kts or benefits hereunder. ~ '~; .- ~'. ,' A,,d~.o,,a,~x, .-X:~ s max/mum liabiJit', relating ~t'rx'i,:es rendered u~,,,vr the eh,'.,,,., ....... ' performed [or Iht, County shalJ bci I~:~:,,d tt~ a;Tv pcnaItie~ as~e>s,.d b'.' thc 1RS and execs> intert.>t (where the excess ;".'",'" i~ calcuIated as the (a) exce4s of" · "~ .... >' . me IRS charged rate over lb) the earmngq rate i,,r tl~e County's commingled funds for the same covered period (c) ~' ' ' ['7 t?.e tR> ckarfied rate (d) times the IRS assessed interest) and/or related costs p:'o',inaatelv tn,,>cd bv the conduct of AA as mentioned above. In thercw!:h, the County agree5 to cooperate with represent,~,: ,.,,~..~o,a,, o:' c.~m~na:c such penalties, interest and/or reasonable costs. In no event shall AA be liable for consequentiaI, special, incidental or punitive loss, damage or expense (inciuding without limitation, lost profits, opportunity costs, etc.). · Arthur Andersen LLP ("AA") will indemnify, defend and hold harmless Collier County (the "County") w/th respect to bodilx7 injury and damage to pIant or equipment caused by AA's rendering of its s~rvice~. AA will also indemnify, defend and hold harmless the County for any intellectual property im'ringeh~ent. 14. CONTRACT ADMINISTRATION. This Agreement shall be admi~stered on behalf of the Count)' by the Finance Depar~ent. 15. ~'O~PgNENT PARTS OF THIS CONTRACT. attached corn orient arts all of w ' , · *'-':.'.* .... ~ [;, .... p ~ p , . h~ch are as fullx a part ~'the con~act sot out veroanm: ~on~actor ~ PrOposal, I~uranZe Certifi ate, ~U?p~,'j ic. SUBIECT TO APPROPRIATION. It is further understood and acreed by and between the parties herein that this agreement is subiec: te .~:,:";'ot, riation b': the Bo~,rd of County Comn~issioners. IN_, - ,~'\'ITNESS ~,VI-IEI~,EOF, tl;e Contractor and the County, have each, respcctivctv,, bv an ::uther:zed ,~ ......... ~ ~:,:,.,, or age:u, he:'eunder set their hands and sea:s on fi:e ~ate and year first above BOARD OF COUNT'f COXIXIISSIONERS ATTEST: COLLIER COUNTY. FLORIDA D',vi~:l'~t E. Brock. Clerk Sv: Bx': Dated: Barbara B. Berry. Chairman ISE.-'-.L~ Arthur Andersen. LLP Contractcr ..... Bv: ,<, 5',"" -.2'".;/'''''''x 7;,...~ [ .... ",','~ t :,:e:.: ~- . Signature , Typw' pr;r,t wi:ness name? ..... -~'-':-:,-*. -' /'"', £'---- JgaP, v --, · 2.:= .... Di?:arco, F~r:ne.- Secend '~\'it:'~ess Typed signature and title '~. ,-..., . ,"~. ,-" ,'~ ~: .i , Type/print wimess name~ CORPORATE SEAL (cor?orafions only) Approved as to form and legal ,c,'.,. , . su~,~,.~encx as t(', Coilier County: Ra:'niro .Xlanalich, Chief Ass~sta:',t County Attorney e i [' ....?; ~:"- .' · .. ;.. EXECUTIVE SUMMARy RECOMMENDATION THAT THE BOARD OF COUNTY COblblISSIONERS APPROVE THE STIPULATED FINAL ,JUDGMENT RELATIVE TO THE EASEbIENT ACQUISITION ON PARCEL NO. 526 IN TIlE LAWSUIT ENTITLED COLLIER COUNTY v. DAVID R. CLEMENS AND LUCILLE C. CLEMENS, ET AL., Case No. 98- 1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) O~nJ-,~T.I~FA That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 526 for the LMngston Road Extension Project in the lav,,suit entitled Collier CounO, v. David R. Clemens and Lucille C. Clemens, et (ti., Case No. 98-1393-CA. CONSIDERATIONSi On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project bet;veen Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Five Hundred Dollars ($500.00) for Parcel No. 526 in accordance '.vith the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property ov.'ners, Alfred A. and Janet A. Mucciarone, ',,,'ill be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for One Thousand Dollars ($1.000.00) to be paid to the Defendants as full compensation for the property rights taken as to Parcel No.526. The Stipulated Final Judgment provides that Collier County shall deposit the additional'amount of Five Hundred Dollars (5500.00) with the Registry &the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAl, IMPACT; Cost: $500.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (I 63673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT; None. P,~EN~A ITI~M Executive Surruma rv CC v. David R. Clemens. ~ al. Page 2 RECOMMENDATION. That the Board of County Commissioners: 1. approve the Stipulated Final Judgment: and 2. approve the expenditure of the funds as stated; and 3. direct staffto deposit the funds into the Registry ortho Court. Prepared by: t i, ', ,"Ii/ ,, Heidi F. Ashton Date Assistant County Attorney Robert W/Icy, Project Manager Date Office of CaPital Projects Management Reviewed by: - Ed Ilschner, Administrator Date Public Works Division Approved by: David C. Weigel, f~o~anty ~ttomey Dat[ / h:/cw/Executive Sum~ 'CC v. Cle~n 5 Parcel 526 AGENDA ITEM',- No./'~. · NOV 2 Pg. EXHIBIT "A" IN THE CIRCUIT COURT OF THE ~ETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO. 98-1393-CA Petitioner, vs. CIVIL ACTION DAVID R. CLEMENS and LUCILLE PARCEL: 526 C. CLEMENS; et al. Respondents. / STIPULATED FINAL JUDG,MENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, ALFRED and JANET MUCCIARONE, for entry of a Stipulated Final Judgment as to Parcel No. 526, and it appearing to the Court that the parties are authorized to make such Motion, the Court funding that the compensation to be paid by Petitioner is the full compensation due the Respondents, ALFRED and JANET MUCCIARONE, and the Court being otherwise full,,' advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ALFRED and JANET MUCCIARONE, have and recover from Plaintiff, COLLIER COUNTY, FLOR/DA, the sum of One Thousand Dollam ($I,000.00) for Parcel No. 526, as full payment for the proper%.' interests taken and for damages resulting to the remainder, if Jess than the entire proper%.' was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall deposit an additional Five Hundred Dollar~ ($500.00), subject to the approval of the Board of Count.,,' Commissioners, into the registry of this Court v, ithin 45 days of the date of this Stipulated Final Judgment; and it is further AGENDA iIE, M. No. NO¥ 2 q 1 98 ORDERED that the Clerk of' this Court shall disburse the sum of One Thousand Dollars ($1,000.00) to Respondents, by issuing a check payable to ALFRED MUCCIARONE, JANET MUCCIARONE and EMPIRE FUNDING CORPORATION and for~'ard said check to Mr. Alfred Mucciarone, 789 Coldstrearn Court, Naples, Florida 34104. ORDERED that title to Parcel No. 526 as being full)' described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiff pursuant to the Order of Taking dated July 23, 1998, and the deposit of mone?' heretofore ma. de, is approved, ratified, and confirmed; it is therefor DONE AND ORDERED in Chambers at Naples, Collier-Count),, Florida, this da.',' of October, ] 998. Circuit Court Judge conformed copies: Joe W. Fixel. Esquire Alfred mqd Janet Mucciarone Empire Funding Corporations Barnett Bank of Naples Homeside Lending, Inc. M'cAlpine (BrJanvood), Inc. Ken Jones, Esquire Cert~fS~d copy, E. Weber, County Attorney's Of~ce Charge to PWED - Act. 113-163673-60061 AGENDA ITEM No. (.:,:) & PSo- d// EXHIBIT "A" PROJECT NO. ~ PROJECT PAR FOLIO NO. 247/6'/509383 ,SKETCH & LEGAL DESCRIPTION (NO T A SURVEY) slope & maintenance easement The West Fifteen (15) feet Lot 16, Block B, Briarwood Unit One, according to the plat thereof, as recorded in Plat Book 18, Pages 40 - 42, of the public records of Collier County, Florida. . . Buffer Easement ~! LOT NO. 16 SUBJECT :~,~. 15' / GEORGE R. RfCHMONT) P.L.S. 2406 3301 E. TAMIA. MI TRA/L NAPLES, FLOI:LIDA 34112 SKETCH NOT TO SCALE NOV 2 zl I998 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate and respectfully request this Court lo enter the foregoing Stipulated Final Judgment. 7 ALF~tED I~'HJCTCIARON~ JANI~T MUCCIARONE 789 Coldstream Court 789 Coldstreaxn Coun Naples, Florida 34104 Naples. Florida 34104 Pro Se Respondent l'ro Se ~.e~pondent joe W. Fixel, Esquire Fl'or/da Bar #0192026 '~'IXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 Anom%' for Petitioner EXECUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 92-22, AS AMENDED, THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE, BY REVISING APPENDIX "B" TO CHANGE THE LEGAL DESCRIPTIONS OF ROAD IMPACT FEE DISTRICTS 2, 4 AND 8. OBJECTIVE: To have tile Board approve an amendment to the Road Impact fee Ordinance, Ordinance 92-22, as amended (the" ' " Ordinance ) which provides for a change in the boundaries of three Road Impact Fee Trust Fund boundaries, and to obtain Board approval of the amended boundaries so as to provide for an equitable collection and disbursement of road impact fee fimds. ...CONSIDERATIONS: The Ordinance as originally approved in 1992 contained a provision in Section 2.01 H that exempted Road Impact Construction in Road Impact Fee District No. 8, as defined in the Ordinance, from the payment of road impact fees. Attachment No. I shows tile road impact fee districts as presently set forth in the Ordinance. Although there is no clear indication within the Ordinance itself as to why this District was exempted, it appears, from an examination of the roadway network and from tile Growth Management Plan, that few, if any opportunities existed for using fimds collected within this Distr/ct within the parameters of the Ordinance. Over tile past several years there bas been increased development activity in Road Impact Fee District 8. That activity brings with it the need to assure that there is an equitable collection and use of road impact fee funds countywide. Toward that end, staff of the Transportation Services Department and the Community Irevelopment and Environmental Sen'ices Division have reviewed thc road impact fee district boundaries and recommend the changes shown on Attachment No. 2. Tile effect of the proposed amendment will shift tile boundaries of Road Impact Fee Districts 2 and 4 about four miles to the east. Attachment No. 3, a memo from Thomas E. Kuck, P.E., Engineering Review Services Manager to Edxvard J. Kant, P.E., Transportation Services Director, outlines the basis for the requested change. .FISCAL IMPACT: This amendment would cause the creation of three new Road hnpact Fee Trust Funds to replace the existing three Road Impact Fee Trust Funds (Fund 333, Fund 336, Fund 340) presently used to collect and hold revenues from road impact fees. As road impact fees are collected after the effective date of the ordinance, they would be deposited to the new Trust fired accounts. Funds in the existing Trust Fund accounts would be used until the existing Trust funds are depleted. A road project in one of the thre~ affected Districts would be eligible for funding from e/ther the existing Trust Fund or from the new Trust Fund, depending upon its location within the revised District boundaries. The long term fiscal impact of this proposed amendment is difficult to gauge; however, as can be seen from the figures presented in Attachment No. 3, there are four existing or presently proposed projects which would generate an additional $5,650,000 in total road impact fees over the life of the projects. ~:NDA I .o.. NOV 2 PG. t O GROVqTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board enact the proposed Ordinance amending Ordinance 92-22, as amended, and; aulhorize the Chair tTign tii,c Ordinance on behalf o f the Board. Edv,'ard J. ~/~,/'P'.E., Transportation Services Director REVIEWED BY' '~',~,.4'2. ~ 4/_..0 · ~,.~.~ ~ c.., /~..x/..~_ DATE: Thomas E. Kuck, P.E,, Engineering Review Services Manager REVIEWED BY:_//~.~ ..t.z.,...~--~ ~ DATE:'~' Robe,~~re, AICP, Planning Services Director REVIEWED BY: --' DATE:_ Vincent A. Cautero, AICP, Community Development Administrator APPROVED ~~or DATE:g/, Attachments: No. 1 - Map of Existing Road Impact Fee Districts No. 2 - Map of Proposed Road Impact Fee Districts No. 3 - Memo dated June 17, 1998 t ,'-; D, l r' .'~ .- :' ~ , c Z;..L;-7..R CD. '-~,-~ DISTRICT NUMFIER e , : ~-' , --, ,-_ . · __ - :,.. : :. , '.~ : , , . ..., ~ . Il "- ,~,:...., i ~'~... · ATTAC, HMIDitN~,... / c:.:,. - ',,-..~ .),',. -.~-:'-:< ~ -- ,~uv Z ~ 1998 IPAGE . / .OF ! Collier Countg Florida :.:'. '.'~ ~ COI~MI/NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ENGINEERING REVIEW SERVICES ir a.-~s[,o r % a'.: ct, Services En..-i.-,eeri.-,u. Re';iew Services Manager 'istrlst : - road imsact Fees ! June . , l?~..~ _~,--~ we would l_i.' "~ ...... '~ ="~.~es-. that ?ransportaticn Services consider taking ir-=C:~'= aTtiCL to ::,an~~ ~= boundary of Road immac~ Fee ~ Curren:l5' areas be:no Jevel:pe~ and propose~ to be developed lying east T.R. ~51 and r. zrRh cf U S 41 are ¢>'~-2- from paying Road Impact Fees E:.:ar.$les cf %;-.ese grciec%s lnrlude %he fIi!owin=: -. ~ ....... :.' being develoDed - 453 res!den%ia! units - I:o Road impact Fee '-ass ~.e'.'enue Z S40.3,003 Currently under mermlttln~ stage 3. 194~ 3arrcn Stiller Site - New DRi Prcposed, 29!0 resllen%ial units - Golf Course - 45 holes ----=..-=: ....... . ~ .r .... impact Fees 4 Prc'~c~d =~C;~ by V~n~va~d~ - ....... a._~ i400 residendiai units ~.~at R:ad ir, oact Fees LTss Revenue ~ $1,500,000 The.c-=-=~:~. ...... ,= e>:Rr.~ies, reinforce the n~d__ to change the Road l~Dact Di='r:r- a"uri ..... . Attached is a sketch of a reccr,mended change which would e>:~end RcaJ ir. past Fee boundaries 4 r.i!es east of C.R. 951 and 4 miles north cf "S. 41. Dis%ric: 4 and District 2 boundaries could be extended to include 5he currenRlv ~'= areas if. you. shDuld have any questions an~/cr if we may be of assistance, please a~vlse. AIIACHMENI P GE / OF / NOV 2 %1998 1 ORDINANCE NO. 98-.. '~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. n~ ~ a AS AMENDED BY REVISING APPENDIX B TO CHANGE THE LEGAl, 5 DESCI~JPTIONS TO ROAD IMPACT FEE DISTILICT 2, ROAD IMPACT FEI/ t, DISTRICT 4, AND ROAD hMPACT FEE DISTRICT 8; PROVIDING FOR CONFLICT AND SEVEPoMIlLITY; PROVIDING FOR INCLUSION IN THE ~., CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE '~ DATE, 11 \VHEREAS, on April 16, 1992, thc B~>ard of Counly Commissioners adopled Ordinance No. I: 9...:.,., enmlcd the Road Impact Fee Ordinance; and 17 W}IERE:\S, the Board of County Commissioners desires to change thc Impact Fee Districl la boundaries. 15 NOW. TItEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY Ir, CO.MMISSIONERS OF COLLIER COUNTY. FLORIDA, tirol: ~' SECTION ONE: AMENDMENT TO APPENDIX B OF COUNTY ORDINANCE 92-22. AS is ..\M [-~N DL"D. TO CItANGE TIlE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT '~ :u ROAD I.',II'/\CT FEE I)ISTRICT 4 AND ROAD IMPACT FEE DIS'I"RIC'I 8. 20 Appendix B o£County Ordinance No. 92.22, as amended, shall be amended a~ follo,.vs: 21 See/\ppcndix B attached. 22 SECTION TWO: CONFLICT AND SEVERABILITY. 27 In the c:'ent this Ordinance conflicts with any other ordinance of Collier Count.,,, or other 2-' apphcahlc law, Ibc more restrictive shall apply. If any phrase or portlon office ordinance is held invalid :5 or unconstitutional by any cour~ of competent jurisdiction, such portion shall be deemed a separate. 2(, distinct and independent provision and such holding shall not affect the validity of the remaining 2' portion. 2s SECTION TItREE: INCLUSION IN THE CODE OF LAWSAND ORDINANCES.' 29 The provisions of this Ordinance shall becor,,e and be made a part of the Code of Lav,'s and -~,., Ordinances of Collier County, Florida. The sections of the Ordinance ma.',,' be renumbered or relettered 3~ to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other 32 appropriate word. 3.: SECTION FOUR: EFFECTIVE DATE. -~-: This Ordinance shall become effective upon filing with the Department of State. 35 PASSED AND DULY ADOPTED b>' the Board of Count>' Commissioners of Collier COunt>,. .~r, Florida. this . da.'.' of , 1998. 37 3~ ,-\TTEST: BOARD OF COUNTY COMMISSIONERS .~9 DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA 40 4; By: ,.12 a) Approved as to form and aa legal sufficiency': ar, ~_ ~. /_ ./ ,',. ~ ,4.7 Heidi F. Ashlon __ .~...A6t~D~ ;T~. Co=t:. at,o e:. "O...J-IraJ_ Assistant 49 h ~g hfa public orr Am~nemj 0r¢92.22 L¢lral i,~scnpnon Io Read Im~acl Ftc z NOV 2 q 1998 kpDendix B ROAD IMPACT FEE DISTRICT 2 LEGAL DESCI:UPTION Be~in at the point of inlersection of County Road 951 and Pine Ridge Road (C.R. 896): thence mn somherlv alon~ County Road 951 to the intersection of Interstate 75 ~S.R. 93~: thence southeasterly and easterly alon~ Interstate 75 to the northeast comer of Section 5. Township 50 South, Range 27 East: thence soufl~erlv alon~ the east line of Sections 5.8 and 17 to the southeast comer of Section 17, said Township and Range; thence easterly alon~ the south line of Sections 17 and 18 to the southeast comer of Section 13. Township 50 South, Range 26 East~ thence westerly along the south line of ~o.. 17[~)_ NOV 2 1998 Sections 13. 14. 15. 16. 17 and 18. 'Fo,.vnship 50 South, Range 26 East; to the northwes! comer of Section 19, Township 50 South, Range 26 East; thence southerly along the west line of Sections 19, 30 and 31 to the southeast comer of Section 36, Township 50 South, Rantze 25 East: thence westerly along the south line of said Section 36 to the southwest comer of Section 36; thence northerly alon~ the west line of said Section 36 to the northeast comer of Section 35, Township 50 South, Range 25 East; thence westerly along the north line of said Sections 35 and 34 to the mean hitch water line of the Gulf of Mexico; thence meander northwesterly along said mean hiCh water line to the westerly prolon,.z, ation of Seauate Drive; lhence easterly along Sea,.ate Drive and Pine Ridge Road to thc point of beeinnin~. Less and except all lands Ivin~ within the municipal boundaries of the City of Naples. NOV I tS8 B-2 ROAD IMPACT FEE DISTRICT 4 LEGAL DESCRIPTION 50 S ....... .... 7. p. C fy, ~ , ................................................. ; ........ along ,~ Cape ~ ...... ' 'k~r~ a,ong ................................. northwester POINT OF Be~in at the point of intersection of the north line of Section 34, Township 50 South. Ranue 25 East, Collier Coumv. Florida and the mean high water line of thc Gulf of Mexico: thence nm easterN' alonq the north line of said Section 34 and Section 35 said Township and Range to the northeast comer of said Section 351 thence southerly along the east line of said Section 35 to the southwest comer of Section 36, Township 50 South, Range 25 East: lhence easterly alon~ the south line of Section 36 to the southeasl comer PG. of Section 36: thence northerly along the east lines of Sections 36, 25, and 24 to the northwest comer of Section 19, Townslfip 50 South, Range 26 East~ thence easterly alom,, thc north lines of Sections 19, 20, 21, 22, 23, and 24, Township 50 South, Ranee 26 East to tile northwest comer of Section 19, To`.,.'nship 50 South, Ran~;e 27 East; thence easterly alone the north line of Sections 19 and 20 to the northeast comer of said Section 20; thence soutlnerlv alomz tile east line of said Section 20 to the northwest comer of Section 2S: thence casterlv alone the north line of said Section 28 to the northeast comer of Section 2S: thence southerly alon~4 tile eas~ line of' Section 28 to the northwest comer of Section 34: thence easter],.' along the nonln line of Section 34 to the northeast comer of Section 34: thence southerly alone the east line of Section 34 to the northwest comer of Section 2. Township 51 South. Range 27 East; thence easterly alont~ the north line of' said Section 2 to tile nortlneast comer of Section 2; thence southerlv along the east line of Sect/on 2 to the southwest comer of Section I i thence easterly along the south line of Section I. Township 51 South, Rant~e 27 East to the northwest comer of Section 7, Township 51 South. Ranue 28 East; thence easterly alon.o the north line of said Section 7 Ir) thc northeast comer of' Section 7~ thence southerly alonu the east line of Section 7 to the norttneast conner of' Section 18; thence continue southerly alontl tile east line of Section 1S to tile northeast comer of Section 19, To,.vnship 51 South, Range 28 East; thence westerly alon~ tile north line of said Section 19 to the northwest comer of Section 19: thence southerly alon~, tile ,.,.'est line of Section 19 to the northeast comer of Section 25. Township 51 Sotzth, Ran2e 27 East; thence westerly alon2: the north line of said Section 25 to tile northwest comer of Section 25; thence southerly along the west line of Section 25 to the southeast comer of Section 26; thence westerly along the south line of B-4 [ PG. Section 26 to the centerline of Stale Road 90 (U.S.4I); thence northwesterly alone, said centcrline of State Road 90 to the point of intersection of State Road 92; thence southwesterly alonq the centerline of Slate Road 92 lo the centerline of the Big Marco River; thence meander southeasterly along the centerline of the Big Marco River to the southern tip of' Cape Romano; thence meander northwesterly along the mean high water line of the Gulfof Mexico to the point of beginning. ROAD IMPACT FEE DISTRICT 8 LEGAL DESCRIPTION ........ ~ ........ ~ Count', .... Be<in at the point of intersection of Oil Well Road (C.R. 858} and the west line of Hendr' County: thence southerly, easterly and southerly alonq Collier~end~, County line: to thc west line of Dade Countv: thence southerly alone the Collier~ade Countv line to the Monroe County line; thence westerly along the Collier~onroe County line to the mean high water line ofthe Gulf of Mexico; thence no~hwesterlv to the southw ..... ,_ .. I of Cape Romano: thence northeasterly to the centerline of the Big Marco River; thence meander northcastcrlv alone thc centerlinc of' the Big Marco River to the centerline of State Road 92: thence northeasterly along the centerline of State Road 92 to State Road 90 (U.S.41); thence southeasterly a]on~ State Road 90 to the southwest comer of Section 26. Township 51 South, Ranue 27 East; thence easterly along the south line of Section 26 to the southeast comer of Section 26; thence northerly alon~, the east line of Section 26 to the northwest corner of Section .25, Township 51 South, Range 27 East; thence easterly alone the north line of Section 25 to the southeast comer of Section 24, Township 51 South. Ranue 27 East: thence northerly alonu the east line o£Section 24 to the northwest comer of' Section 19. Township 51 South, Rantze 28 East; thence easterly along the north linc of' Section 19 to thc southeast comer of'Section 18, Township 51 South, Range 28 East: thence northerly along the east line of Section 18 and Section 7, Township 51 South. Rant2c 28 East to the northeast comer of said Section 7; thence westerly along the north line of' said Section 7 to the to thc northeast comer of Section 12, Township 51 South. Ran,.z,c 27 cast: thence continue westerly alone the north of said Section 12 to the southeast comer of Section 2, Township 51 South, Range 27 East; thence northerly along the cast line of' said Section 2 to the southeast comer of Section 35, Township 50 South, Range 27 East: thence westerly alon,4 the south line of said Section 35 to the southeast comer of Section 34, Township 50 South, Rantze 27 East; thence northerly alonv, the east line of said Section 34 to the southeast comer of Section 27, Township 50 South, Range 27 East: thence westerly alone the north line of Section 27 to the southeast comer of Section 28; thence northerlv along the east line of said Section 28 to the northeast comer of' Section 28: thence westerlv along the north line of Section 28 to the southeast q:omer NOV 2 q 1998 of Section 20, Township 50 South, Range 2'7 East; thence norlherly along the east lines of Sections 20. 1'7, 8 and 5 of Township 50 South, Range 27 East, to the centerline of Interstate 75 (S.R.93): thence easterly alon2; the centerline of Interstate 75 to the east line of Rant~e 28: thence northerly alon2; the east line of said Range 28 to the centerline of aforesaid Oil Well Road (C.R.858); thence easterly along the centerline of said Oil Well Road to the point of bet~inning. Less and except all lands lving within the municipal boundaries of Evemlades City... m0. 13-8 PC,. I ~/' HENDRY COUNTY Collier County ":~ I ~' LEE COU~ITY EXECUTIVE SUMMARY PETITION NO. SV-98-3, N. PAUL SAN FILIPPO, ESQ. OF SEIDENSTICKER & SAN FILIPPO, P.A. REPRESENTING DOANE LIMITED PARTNERSHIP REQUESTING A 5 FOOT VARIANCE FRQM THE REQUIRED SETBACK OF 15 FEET ESTABLISHED FOR SIGNS TO 10 FEET FOR A POLE SIGN TO BE LOCATED ALONG 111m AVENUE IN NORTH NAPLES. The petitioner is requesting the above described variance in order to install a sign for a new medical building. CONSIDERATIONS: The Collier County Land Development Code (LDC) allows one pole sign with a maximum of 100 square feet of copy area per parcel for properties with 150 feet or more of road frontage'on a single road. The setback established for all pole signs is 15 feet from aJJ property lines. The petitioner is requesting to install a pole sign 10 feet from the property line. At the entrance to this medical complex there is a large backflow preventor, approximately 15 feet from the property line. The applicant does not wish to build a large sign behind the backflow preventor. They are proposing to build a smaller sign with around 24 square feet of copy area in front of the backflow preventor and 10 feet from the property line. The Collier County Planning Commission reviewed this petition on October 1, 1998 and by a vote of 9-0 recommended approval. This petition does qualify as a Summary Agenda item. FISCAL IMPACT; None. GROVVTH MANAGEMENT IMPACT; None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION; That the Board of Zoning Appeals approve SV-98-3 subject to all CCPC stipulations. AGE N~.~, I T,E~ NOV 2 ,t i998 .__po.., / PREPARED BY: CHAHRAM BADAMTCHIAN: Ph.D., AICP DA.TE PRINCIPAL PLANNER REVIEWED BY: RONALD F.'IqINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT O. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPRO/~O BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGEND~I'[,EM NOV 2 ~, 1998 2 AGENDA ITEM 7-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: October 1, 1998 RE: SV-98-3 AGENT/APPLICANT: Agent: N. Paul San Filippo, Esq. Seidensticker & San Filippo, P.A. 2150 Goodlette Frank Road Suite 305 Naples, FL. 34103 Owners: Doane Limited partnership 750 Myrtle Terrace Naples, FL. 34103 REQUESTED ACTION: The applicant is requesting a 5 foot variance from the required setback of 15 feet established for signs to 10 feet for a pole sign to be located along 111"' Avenue in North Naples. GEOGRAPHIC LOCATION: The subject property is located at 877 111"' Avenue in North Naples approximately 200 feet west of intersection of 111'h Ave. and North Tamiami Trail in Section 21, township 48 South, Range 25 East, Collier County, Florida ( See attached Legal description). PURPOSE/DESCRIPTION OF PROJECT: The Collier County Land Development Code (LDC) allows one pole sign with a maximum of 100 square feet of copy area per parcel for properties with 150 feet or more of road frontage on a single road. The setback established for all pole signs is 15 feet from all property lines. The petitioner is requesting to install a pole sign 10 feet from the property line. At the entrance to this medical complex there is a large backflow preventor, approximately 15 feet from the property line. The applicant does not wish to build a large sign behind the backflow preventor. They are proposing to bLlild a~Crr~..~,,t¢~ NOV 2 4 1998 sign with around 24 square feet of copy area in front of the backflow preventor and 10 feet from the property line. Section 2.7.5 of the Land Development Code grants the authority to the Board c~f Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: a. Are there special conditions and circumstances existing which are peculiai~ to the location, size and characteristics of the land, structure, or buildin~ involved? Yes, the existence of the backflow preventor at the entrance to the developmer~ will obstruct the view of the sign in the event it has to be installed at the require~! setback line given the height of the sign. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, the applicants wish to install a sign for the development. The existing backflow preventor will inhibit viewing the sign in the event it has to be setback a distance of 15 feet from 111'h Avenue. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, the applicants could build a large sign 20 feet in height which will clear the backflow preventor. However, this type of sign will not be in keeping with the character of the development and the neighborhood. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, as discussed above, they can always build a larger sign without the need for a variance. However, for the type of sign proposed, this variance will be the minimum variance required. e. Will granting the variance requested confer on the petitioner any s. pecial privilege that is denied by these zoning regulations to other lam s, or structures in the same zoning district? NOV 2., ,~ 1998 Yes. this variance will allow the applicant to build a sign with reduced setback, which is denied to others unless a similar variance is granted. However. the applicant in exchange for the setback reduction agrees to build a sign not to exceed 10 feet in height which is fifty percent reduction in the allowable height and with a reduced copy area. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the granting of this variance will not be in harmony with the general intent and purpose of the Land Development Code. This request, if approved, will reduce the required setback established for signs. But it will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc. No. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. CTAFF RECOMMENDATION; Staff recommends that the CCPC forward Petition SV-98-3 to the BZA with a recommendation for approval. NOV 2 4 1998 3 PREPARED BY: CHAHRAM BADAMTCHIAN. Ph.D., AICP DATE PRINCIPAL PLANNER ,REVIEWED BY: ~)~AI'D-"~.~"~I~, AICP, MANAGER CURRENT PLANNING DATE ~ 'B-~T J. MULHER-E, AICP, DIRECTOR DATE PLANNING SERVICES VINCEffIT A~ CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: MICHAE~,.~Bruet, CHAIRMAN PETITION SV-98-3 Staff report for November 5, 1998 CCPC meeting. This Petition has been tentatively scheduled for November 24, 1998 BZA m_eeting... ~GE~DA NOV 2 4 1998 4 PO. 7 SEIDENSTICKER ~ SAN FILIPPO A '1"1"C'3 P, N E Y ~ AT Naple~ Office Miami O~ice 2150 Goo~eue road Suite 650 State 305 " ' ' ' Milm~. Flon~ 33131 N~pM. Flon~ 34102 Tdtphone: (305) 371-6550 Telephone: fq~l~ 4~)3-061 I F~cs,msle: (3(15} b71-64{14 Facumde: (o41 ) ~rO.,371 I Reply I~: Naples October 9. 1998 Chahram Badamtchian. PhD.. AICP ?farming Sen'ices Community Development & Environmental Sen'ices Collier Count,,' Government 2800 N. Horseshoe Drive Naples. Florida 34104 RE.: Doane Medical - Sign Variance Application Petition#SV-98-3 Our File No.: 0106.003 Dear Chahram: As per .','our request, listed below are the owners in the Doane Partnership. ~ James E. Doane, Jr. James E. Doane (father) Danielle Doane {sister) Kelly Ann Brown (sister) If you require an.',' additional information, please don't hesitate to contact my office. VeD' truly yours. SEIDENSTICKE--R & SANFILIPPO By: ; NO 2 4 1998 A SIGN ';A~iANCE 2N ~ROPERTY ~=~, ...... WHEREAS, %he Legislature of the State cf Florida ~n Chapter 125, ~ Fi:r~:a Statutes, nas c~nferre= cn ail counties in Florida the power '- -' ' en,,.ce zoning and such Cuslness regulations :3 as are necessary for the protectlon of the public, and WHEREAS, the County ~ursuant thereto has adopted a Land '~ 2e'/ei3zment ~&ze ~- '' · (~.d...ance No. 91-102) which establishes regulations .~r %ne cc~In: cf ~artlcular ~ecgrapnlc ~IVlSlOns cf the County, among =r.n=in~ ~f variances, ;';HEF. EAS, the 5car: cf i:nin~ Appeals being the =uiy eiecte~ 19 constitute: Board of the area hereby affected, has held a public :0 ~earln= '-=-r n:tlce a~ in said regulatlTns ma~e an= provided, and has --- t.._ a=vlsauillty of a ~ foot varlance from t~e 15-foot ...... a.._$,,e= --. s~gms tT l$-feec as shown on the attached plot ~) plan, Exhlb~t "A", in a C-3 zone for the property herelnafter 24 describe=, and has found as a matter of fact that satisfactory :s provls=cn and arrangement nave been mace concernlng all applicable 26 matters requlre~ ~, -y sald reguiatlons and in acocr=ance with Section 27 2.'.f of the Zen:nS Peguiatlons cf sai= Lan= Develcpment Code for the 28 unlnccrpcrated area cf Ccllier County, and 29 WHEREAS, ali in~eresteO parties have Oeen given opportunity to be .ea~. ,~ :nls Boarc In pu:llc meetlng assembled and the Board having - -..ed all matters presented, :;OW THEREFORE BE l- RESOLVED BY THE BOARD OF ZONING APPEALS cf 33 ~-._r County, Florida, %hat: The ~etitlcn SV-3 flied by N. ~aul San Filippc, Esqulre of ]5 Selcens~i:Ker and San Fi!ippo, re~resentlnc Doane Limited Partnership 3~ with resDe=~ %o the ~rcperty ~erelnafter Cescrlbed AGENDA ITE~ -- NO'.~...Z.~., 2 4 1998 .... - ..... l~n2 t: ---feet a~ 2n~wn :n t~,e attazne~ The nelqht :f the si~n snail nut excee~ 1~ feet an~ the ccpy area cf the slcn snai' . r. ct excee~ ~ square feet. == -- D~ce...E ........ %nat tr. ls Fes:iutlcr. relac~r,: t~ Fetltlon Nu~er -- ~- tr. lS 5caru. · - -: r,:%~cn, seccn~ and r,a:cri~y vote. 199~. FliEr-. 5AREAFA. 5. 5E~,R':', Snalrman ..... icler~cy: ' -: NOV 2 4 1998 MEDICAL SPACE FOR LEASE Occupancy Summer 1998 Tenant Panels Are 48"x18" as shown here Tenant Panels Are ~ 48"x18" as_ shown here Tenant Panels Are 48"x18" as shown here scale 3/4"=1'0" 0AH is 10' 116Ni$ & 'I'HINGI AGE ~D.~IT..~M NOV 2 ,~ 1998 L'~,"~.,' · '.~.,. ~_~,,~,' · · ~'?; ~ ? ~,~. :.'F?'/~;',~- '~'~ .,- ~'~02 · 'u ,".~[~ , ~:- ~~. ,'~'~.'-' · ,, .... {~]~ ~', . . ~, ~f ,.. , -~',.~~., .... .. .' , · "· '.v~.t~ I ~_~; -.~~ I . .. -~;'." " ~ '~ ., ~, ~..~' * , . .. ,~ '~, . ~ , . ~~.~ . .: · ' .'.~ .. ~ ." ,~" ~" ';'~..~,~:"' ..... ~T~-.' .' · ~ " ''.: ' ' '~ - '~' *~': -' " ~1 ' ' ' . . ,. . ' . '.' :... '.' .... . .. ~ .... *"' ~'~' · ~.:~. ~i" , ,' · ~' . . ~ .,. :...' , ,, · ~ :~..'.. ~ ~.~.. ~' ,.. ~ ..~'~ ~,: . ..~..'~ . . ~. ,. . . %~ , ~ ,~.~. , ,~. . ~.. .~, ~. r . ~· . .. . ,~.~, .~,. ,, ~. .,/.~ ..~. . . '",', .. . . · ~ 3. . ~ . *, .. , ,~.. ,,J~% ' .....,.~:..,......,.......~ .,,.., .: .... ~- : ~.?. ~.,, ~. (, .,,.. ~,. · . . C~ I~1R'~NIY.' FLORIDA. SAID PARdi ~,~'A'NO B~I~8 M~E" ~ARtlCUI.ARI ~ DESC~BE: ~S r'~LO~: ' ., .;','.. ~' .' ' ' ' ' ~ ~ ~CTI~ 21 F~ A. DISTAN~ ~' 150,02*'.t~ET rO AN*IN~R~*Cn~ S~LY PR~OAn~. ~ hie ~S~RLY Ri~?-~-WAY LINE ~ TAMIAMI mAIL nR~GATI~.F~'A DISTANCE ~ g4. Ot rEFT TO AN IN~C~ · ~ST AL~G S~D N~THERLY RI~t1-~-WAY tINE F~ A ~STAN~'~ 3064 FEET: n~EN~ N~ 8g~O'Ja' ~ST C~nNUINC ALPC SA~D N~mE'RLY R~GHr-~-WAY 1~N~ N~rH 8~'bO'JO' ~$r C~rlNUINC ALONG SAID N~ERLY RI~T-~-WA~ LINE [~ A DISTANCE ~ 13.55 FEET: ~N~ S~,45~0'~' ~ST C~NUING AL~G ~ID N~ERLY RIGHT-OF-WAY LI~ F~ A DISTAN~ ~ 21,22 ~N~ N~TH 8g'50'30' ~ST C~TINUING ALPC SAID ~ERLY RICHr-~-WAY ~ ~ A ~STAN~ ~ 132.96 ~ET; ~N~ LEA~NG SAID N~ERL Y LiNE N~TH ~'43"07' ~ST F~ A DISTANCE 247.42 ~ ~ ~956'~' EAST t'~ A ~STANCE ~ 14~73 FEET: ' ~H~ S~TH ~'43'07' EAST F~ A ~STAN~ ~ 2.50 FEET: ~N~ N~ 8g~6'~' EAST FOR A OlSTAN~ ~ 18,~ rHE~ S~ g0'43'07' EAST F~ A DISTAN~ ~ 232.42 FEE r C~TAINING ~g2~ A~ES ~ LAND, MORE ~ LESS. ~U~Cr TO ~A~MEN~ AND R~S~IC~S ~ R~C~D. BARBER 4t DRq~NDAC. E, /NC'. PROF£$~IONAL ENGINE.'ER'S-."~Jf~'N. ER~ND LAND SUR~S ~ICH~hD LY'SHEP~RD P.~; 2474 I D~ · :-".yH i ~ T - ,.~,, NOV 2 4 1BB8 OF DIVISION 2.$ OF THE COLLIER COUNTY LA~D DEVELOPMENT CODE ~ " , ",; : PETITION NO. SEP l ll SEIDENSTICKER & SAN FILIPPO APPLICANT NAME (AGENT): PHONE: (941) 403-0611 APPLICANT ADDRESS: PARKWAY FINANCIAL CENTER, 2150 GOODLETTE ROAD, SUITE 305 NAPLES, FLORIDA J41OZ PROPERTY OWNER (PETITIONER) NAME & 'ADDRESS: DOANE LIMITED PARTNERSHIP 750 MYRTLE TERRACE, NAPLES, FLORIDA 34103 PHONE: (941) 261-4744 ADDRESS OF SIGN LOCATION: 877 111TH AVENUE NORTh, NAPLES, FLORIDA 34108 CURRENT ZONING: C-3 LEGAL DESCRIPTION OF SUBJECT PROPERTY: SEE ATTACHED EXHIBIT WIDTH OF THE PROPERTY (ROAD FRONTAGE): 169 FEET LENGTH AND HEIGHT OF THE WALL UPON WHICH THE SIGN WILL BE SECURED (IF WALL SIGN): N/A ' ~ATURE OF PETITIO~ PLEASE EXPLAIN IN DETAIL THE EXACT NATURE OF THIS VARIANCE REQUEST INCLUDING THE AMOUNT OF VARIANCE: PETITIONER REQUESTS A SIGN SET~ACK VARIANCE NOT TO'EXCEED 10 FEET ALONG THE S.E. CORNR OF PROPERTY PURSUANT TO 2.5.5.2.3.1 OF THE LDC. VARIANCE REQUESTED TO AVOID OBSTRUCTION OF BACKFLOW PREVENTER. PETITIONER TO REDUCE ALLOWABLE SIGNAGE AREA FROM THE ALLOWABLE 100 SQ. FEET TO APPROXIMATELY 24 SQ. FEET TO MINIMIZE APPEARANCE. PETITIONER SUBMITS THAT SIGN VARIANCE WILL PROMOTE SAFETY IN TERMS OF INGRESS AND EGRESS. THE EXTENT OF THE REDUCTION IN SETBACK IS THE MINI.~IIM AMOUNT NECESSARY TO PROVIDE RELIEF. --1-- AGE~ 4 1998 ,ju~u~u ~n ~ts Uetermination to approve or deny a sign variance petition by the below listed criteria (a-f). (Please address this criteria using additional pages if necessary). Are there special conditions and circtunstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings similarly situated? Y£E. LOCATION OF BACKFLOW PREVENTER ON S.E. CORNER OF PROPERTY OBSCURES VIEW OF SIGN. b. Are there the special conditions and circumstances 'which do not result from the action of the applicant? YES. LOCATION OF BACKFLOW PREVENTER. c. Will granting the variance requested con'er on the petitioner any special privilege that is denied by the this Code to. other lands, buildings or structures similarly situated? NO. d. Will a literal interpretation of the provisions of the Land Development Code deprive the applicant of rights commonly enjoyed by other properties similarly situated under the terms of the C~de and work unnecessary and undue hardship on the applicant? ' YES. IT WILL DEPRIVE PETITIONER OF CLEAR VISIBILITY OF THE pROposED SIGNAGE AND REQUIRE PETITIONER TO UTILIZE A LARGER PILON-TYPE SICN WHICH WILL RESULT IN A DEPARTURE FROM THE CHARACTER OF THE STRUCTURE ON THE PREMISES. THE PLACEMENT OF A PILON-TYPE SIGN WILL LIKELY MEET WITH PUBLIC DI~AFW~OYAL. NOV 2 4 1998 YES, f. Will the granting of the variance be ~n harmony with the general intent and purpose of this code, and that variance will not be injurious to the area involved or otherwise detrimental to the public welfare? YES. IT WILL PROMOTE AND ENHANCE THE GOALS OF THE CODE. SUBMISSION CHCKLIST: 1. Completed application 2. Survey of property or scale drawing I~c°pies I copies 3. Rendering of proposed sign with all dimensions ~.copies 4. Signed and notarized Affidavit (Pages 4 & 5 of the application) 1 copy 5.A location map depicting major streets in the area for reference. 1 copy 6.Fee: $425.00 ($850.00 if after-the-fact) -3- AFFIDAVIT " OI, JAM~S DOAN£ being duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to an~ made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit N. PAUL SAN FILIPPO, ESQ. (AGENT'S NAME) to act as my representative in any matters regarding this petition. DOANE LIMITED~RSHIP By: ~~ . ~ NATURE'OF~/~"R State of Florida County of Collier . The foregoing Agreement Sheet was acknowledged before me this ~R~e~?6na~~ "~ w~n~-~o~ wh' 199~k by -~C~~ who is O ' .... ¥ ~o ~N~ hg~roduced identification and-~h~ did ~ not~ take an oath. as (Signature o~Notary-Public) NOTARY PUBLIC Commission t 0~k~%\~ My Commission Expires: --4-- NOV g ~: 1998 State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~rsonally kDowD ~o ~or Who has~rodu6e~ - '' as identification and~Qho did ~~ take a~ ~ (Signature ~f-ffotary Public) NOTARY PUBL~ _ _ My Commission Expires: -5- AGENDA~TEM O NOV 2 4 1998 · .,~ ,; ' 'K,~,3'. .... . .~... · ;::~o ,,' ,.... · '~..'. °;~,,~/'~' · .; · .~.. ., .. ,,4~/1~'~ . ; . .... · ~,(t:,~.....,~ . .. ~ . . .; ,. · '-.; -1~ ..' '-, · ' · .,,~"-T' ;,~ ,..~. . ,' · , · .~ ..... ~ ~, ~:..'~ .. ,. · ... . ~,~. ., ,. :.' , ..~, .. ,~ ,,,;~, .'~-,,', , ;~:.~%~,........~. · . .., ... · · . ~ .~ ,. ~, e~ ~, , ~. ,,:~. . .. ,~ .... .. ,, ~ .~:.,~.~. ,., ~.~ ., / ~...~-. . ~t'~ .... ,~ '. .-*..... · .. · '.' '~ '~ ' '~'.~ Y' ' . _... .... -. '~. i '.?'L'.., .. '..: ~, ;, ,: , .. ' . ~:*, . */;~.~,~:'~,~,~.:.~:;~ ~Sl, ' · ' C~II[~'~NlY,' ~LO~IPA. 5~1~ ~-~ ~ , ~ .. --. · ' ~ r~Lo~: · . ' · '; "" ' '" ' · ~ ~t[ ~$~LY RI~t-~-WAY LIN[ ~ TA~IAUI ~AIL pR~TI~.T~ A ~SIANcE. ~ g4.01 Fr.~, -- ,- ~EN~ S~TH 44'18'52" N~EHLY, RI~tT-'~"WAY LIN~ ~ I~1~ A~NUE N~TH~. ~ST AL~8' S~D N~TH~RLY ~1~t1-~-WAY lINE r~ A ~([N~ N~ 8~'JD' .~ST C~NUIND AL~G SAID LINE t'~ A DISTANC~ ~ ~14,83 ~EEI TO ~ POINT ~ BEGINNING ~BED PARdi ~' IAND. I~N~ N~TH 8~'~' ~SF C~INUING AL~G SAID N~RL Y RIGHT-~-WA~ LIN[ F~ A DISTANC~ ~ 1~.55 ~N~ ~.45~0'22' ~$1 C~TINUlNG AL~G ~ID N~RLY RIGH1-~-WAY LI~.F~ A ~STAN~ ~ 21.22 ~r; ~N~ N~TH 8g'~'~' ~ST C~TINUING AL~G SAID N~ERLY RICHT-~-WAY ~ F~ A DISTAN~ ~ 1~2. g6 .~N~ L~A~NG SAID N~RLY LINE N~TH ~'43'.O7' ~ST F~ A DISTANCE ~'. 247.42 ~CT; ' ~ N~ 8gq6'~' EAST t'~ A ~sTAHCE ~ 145.7~ FEET; ~N~ S~TH ~'4~'07' EAST F~ A ~STANCE ~ 2.~ F~ET; ~N~ N~Pt 8g~6'~' EAST FOR A DISTAN~ ~ 18,~ FEET: T~N~ S~ 00'4~'07" EAST F~ A DISTAN~ ~ 2~2.42 ~ONNING: ~T~G ~g2~ A~ES ~ LAND, U~E ~ LESS. S~CT TO EA~UEN~ AND RES~IC~S ~ ~C~D. AONCK. I, BARBER ~k O~UNDA~E, INC. PROFESSIONAL £NCIN£'ERS-. p~NER~ND LAND ~R~S ~RD L. SHEPHARD P.L.UU. NOV 2 4 1998 - ,*< ADDITIONAL ..~ //I I EASEt4ENT ~. I " ': I ' P.O.B. ~-', A.~...," . ~.2~')..:,. ,: · 'i~:' '.I , " · ~i~.;*.~. ;. · .. :. ,/ ,* · ~: ' ~ [: i ,t ' ~ , AGENDA ITEM · . NOV 2 A 1998 .... ' I ' lib!: ;~,I ,: "I ,. !1,' ~. 'I ~' II i:: i , , ,. ' ',, :t, :;': , ,I :I! il :'/ '~ ', ': :' Ti. ,.1Z. [! I 1~ :' ~.-, m,,.: :.~ .:-~:~ It ! ! I ~n~llnl~lng. EXECUTIVE SUMMARY AN ORDINANCE AMENDING THE TITLE AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 98.80 TO CORRECT THE SAME SCRIVENER'S ERROR THAT OCCURS IN FOUR PLACES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To amend Collier County Ordinance 98-80 deleting references to Ordinance No. 95- 21 referred to by scrivener's error in the title and in Section One of Ordinance No. 98-80, adopted by the Board of County Commissioners on September 22, 1998, and replacing those references with "Ordinance No. 95-20". CONSIDERATIONS: Collier County Ordinance No. 98-80, the Collier County Struclural/Building and Hurricane Code Ordinance was duly adopted by the Board of County Commissioners at its regularly scheduled meeting of September 22, 1998. Ordinance No. 98-80, by scrivener's error, purports to amend Ordinance No, 95-21, as amended. The Collier County Structural/Building and Hurricane Code Ordinance is, in actual fact, Ordinance 95-20, as amended, and should have been the Ordinance referred to in Ordinance 98-80. It is appropriale for clarification that Ordinance 98- 80 by amended by the attached scrivener's error ordinance. FISCAL IMPACT: None, GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt a scrivener's error ordinance to delele references to Ordinance No. 95-21 contained in the title and in Section One of Ordinance 98-80 and replace those references with "Ordinance No. 95-20" which is the Collier County Structural/Building and Hurricane Code Ordinance. PREPARED BY: ' Date: / ~' ," ~'? -dohnnie G~bh'~..d.P-'Cu. sto~r~r ~ Supervisor B uild,n~ Re vie__i.i.i.i.i.i.i.~/a~ ,~m~g Department .-- .~:~_------~-~-~_~ ,, REVIEWED BY: ~;~-.~_~,/~/' ~/'~/.~_.._..,. Date: ,/~./v. $'j~ Eclward S. 15gi~o, Director /~/..,~/J'.~ -.' _ldJ/'~ Review and Permitting D.~3arlment Vincent A, Caulero, AtCP, Administrator ' Community Developmenl and Environmenlal Services AGENDA NO. NOV 2 A 1998 i Pg. ORDINANCE NO. 98- 3 AN ORDINANCE AMENDING THE TITLE AND · : SECTION ONE OF COLLIER COUNTY O : ORDINANCE NO. 98-80 TO CORRECT THE SAME .~ 6 SCRIVENER'S ERROR THAT OCCURS IN FOUR 7 /'LACES; PROVIDING FOR INCLUSION IN THE s CODE OF LAWS AND ORDINANCES; .... 9 PROVIDING AN EFFECTIWE DATE. 1o ~ ~ WtlEREAS, on September 22, 1998. the Board ofCounty Commissioncr~ of ~. ~2 Collier County adopted Ordinance No. 98-80, to amend the "Collier Count)' ~:, Structural:Building and Hurricane Ordinance" which erroneously purports to amend ~ Ordinance No. 95-21 rather than the correct Ordinance, being Ordinance No. 95-2.q; i~. '~VItEREAS, in Ordinance No. 9840 the first line in the title, plus the onh ~ ~- S ......... immediatel:' followine the "NO\V, THEREFORE" clause, plus the first .,- ~ (~,.,roca,..or:~ sentence of SECTION ONE therein, and finally the first sentence in '-~- ~ the sezond paragraph of Section ONE, are hereby amended to correct those four _ ~ :.: szri',ener's e:'ror references to Ordinance No. 95-21. whereby those four errors are :'. here~:, a~ended in each ofthe four instances to read Ordinance "No. 95-20". ~' :: *'OW, TIIEREFORE, BE 1T ORDAINED BY TIlE BOARD OF .... :.: COL'NTY COM.MISSIONERS OF COLklER COUNTY, FLORIDA lhat: :~' SECTION ONE. FOL'R SCRIVENER'S ERROR AMENDMENTS TO --. :~ CORRECT TIlE TITLE AND SECTION ONE OF COLLIER COUNTY 26 ORDINANCE NO. 98-80. The first sentence in the Title of Collier County :: Ordinar, ce No. 98-80 is hereby amended to read: "AN ORDiNANCE AMENDING ~- 2s COLLIER COU.'NTY ORDINANCE ,x;O. 95 2t, NO. 95-20. BEING THE :0 COLLIER COb,~TY STRUCTURAL/BUILDING ANT) HURRICANE --- 30 ORDINANCE .... '; Also, the only sentence following the "NOW, THEREFORE" · 3~ clause is hereby amended to read as follows: "Collier County, Ordinance No. 95 21 - AGENDA ~TE~4 3: No. 9,~-20 as amended by Ordinance No. 96-26 is hereby amen& las fot~ow~-":, t -' ~ 3 3 Words underlined are added; ~ords .... , ......... ,,, are delele 2 4 1998 : Also. the first (introductory) sentence of Sectlon ONE of Ordinance No. 98-80 is .: h ....~ amended to read as follows: "Section One of Ordinance x,...gf-.-~ 4 2._~C). as amended by Ordinance No. 96-26, is hereby amended as follows:"; Finally, ...... .~ the first sentence of the second paragraph of Section ONE of Ordinance No. 9~ g0 6 is hereby amended as follows: "The followim,_ text is hereby deleted from ~",: :,'.~rm' : One of Collier Count.',' Ordinance .":c. 95 21 No. 95-20. as amended: .... " _~ ~ SECTION TWO. INCLUSION IN TIlE CODE OF LA\VS AND ir, ORI')INANCES, I! 'Ibc provisions of this Ordinance shall become and be made a pan :: I' Code of I.aws and Ordinances of Collier Count)', Florida. The sections of this I; Ox]i.nance n',a> be renumbered or rele:tered to accomplish such, and the word -- ,: "ordinance" may be changed to "section". "article", or other appropriate word. ~- SECTION TilREE. EFFECTIVE DATE. I- This Ordinance sha[I become ef:;eztk'e upon filing with the Department of ~s Stat~. 1~ PASSED AND I)ULY ADOPTED by the Board of County Commissioners .... :.; of Collier Count>', Florida. this ~ da)' of __, 1998. -": .': ATTEST: BOARD OF COU,'NTY COMMISSIONERS .'.~ DWIGHT E. BROCK. Clerk OF COLLIER COU.'NTY, FLORIDA :? .% B'.: B':': .... :: Deputy Clerk BARBARA B. BERRY, Chairman .~0 Approved as to form .;I and leiz:al ~ufti.Q. encv: ^Grub^ .. .~4 Thomas C. Palmer- NOV :~ 4:1998 .i.~ Assistant Count.,,' Attorney Words under lin¢,J are added;?.ords ::.-.;:~ :?.,~::;~.k are delete [ EXECUTIVE SUMMARY PETITION PUD-90-19 (2), MR. KENNETH B. CUYLER OF ROETZEL & ANDRESS, P.A., REPRESENTING THE CLEVELAND CLINIC OF FLORIDA, INC., REQUESTING TO REZONE THE PROPERTY PREVIOUSLY APPROVED AS A "PUD" NAMELY THE ASTRON PLAZA PUD TO PUD HAVING TItE EFFECT OF ADDING TO THE LIST OF PERMITTED USES AND INCREASING THE MAXIMUM BUILDING HEIGHT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) AND THE NORTH SIDE OF 10TM STREET SW IN SECTION 17, TOWNSHIP 49 SOUTtl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.56 ACRES. OBJECTIVE: This petition seeks to replace the current Astron Plaza Planned Unit Development (PUD) with a new PUD with the same name. Consequently, this rezone action is from PUD to PUD. CONSIDERATIONS: The Astron Plaza PUD currently provides for a mix of commercial/office and social service uses such as banking, day care, a restaurant, and limited office and medical office land uses. Since the subject site is also located within the Pine Ridge Road Interstate Activity Center, the petitioner is now requesting to expand the list of per~nitted uses to provide a mixture of commercial uses for the traveling public. It is the intent of the petitioner to develop the subject site with land uses that are to be accessory and complimentary to their 180,000 square foot medical facility within the Vineyards PUD. This medical facility is located on the north side of Pine Ridge Road and is opposite the Astron Plaza site. The proposed land uses to be added to Astron Plaza's list of permitted uses include group care facilities such as nursing homes and assisted living facilities. Other uses include family services, miscellaneous retail uses similar to the C-2 Zoning District, a hotel/motel, and apparel and accessory stores. Lastly, the maximum height of buildings is proposed to be increased from 42 feet to Five (5) habitable stories over one story of parking not to exceed 60 feet over one story of parking. Staff is supportive of the increased height subject to thc provision that the setback from the property line along 10~' Avenue SW be increased to 125 feet. The petitioner proposes to increase the buffering standards and the perimeter setback while providing architectural standards that meet or exceed all requirements of the Land Development Code. Furthermore, The master plan provides a 50 foot ingress/egress easement at the eastern property line that is designed with a right-in and left-out only geometry onto Oakes Boulevard. This design is intended to limit site generated traffic from accessing the site via 10t~ Avenue SW. In addition, the master plan provides an internal and perimeter landscape buffer including a 15 foot drainage easement along the southern property line. The Master Plan also depicts water management space, and water and sewer facilities. NOV 2 4 1998 The Traffic Impact Statement (TIS) estimates the site generated trips for the proposed additional uses will not exceed 5 percent of tile LOS "C" design volume on Pine Ridge Road or lower the capacity below the adopted LOS "D" and "E" standard. The Traffic Circulation Element (TCE) lists Pine Ridge Road (C.R. 896) as a 4 lane arterial road. The current traffic count for the segment of CR-896 east of 1-75 is 13,078 AADT which results in LOS "A". It should be noted that the adopted standard fbr this segment is LOS "D'. Conversely, the traffic count west of 1-75 is 36,826 and is operating at LOS "B" while the adopted standard is LOS "E" Since the subject site is within the Pine Ridge Road Interstate Activity Center and adjacent to the Estates zoned property to the south, the PUD Master Plan has been designed to provid~,a transition between the proposed land uses and the residential neighborhood to the south. To improve the relationship and compatibility with the adjacent residential land uses, this PUD provides a minimum landscape buffer of l$ fket along thc southern propcay line along with a 15 foot drainage easement. This combined 30 Ibm buffer will incorporate landscaping with that requires that the lrees are spaced a minimum of 15 feet and a single row of shrubs 3 feet on center. Both trees and shrubs are to be located on the street side of an 8 foot tall architecturally finished wall. Furthermore, the ingress/egress from the site has been restricted to a right-in and left-out access geometry to prevent the site generated traffic from using I0' Avenue SW. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary, focus is similarity of land use and relationship to adjacent land uses. In the case at hand. and based upon the Future Land Use Element, we have an expectation that the land will be used and developed with land uses that arc similar or the same as those uses authorized within this PUD. The proposed PUD Document includes medical office, assisted living facilities and nursing care facilities. Other uses are comparable and compatible with the uses that have previously been approved within the Pine Ridge Road Interchange Activity Center. The intent of the petitioner is to develop the site with uses that are accessory and complementary to their currently approved 180,000 square foot medical thcility that is located within the Vineyards PUD and directly opposite the Astron Plaza PUD. The only proposed change to the currently approved development standards is to increase the maximum building height from 42 feet to five (5) habitable stories over one story of parking not to exceed 60 feet over one story of parking. Staff is supportive of the increased height subject to the provision that the setback from the property line along 10'h Avenue SW be increased to 125 feet. Furthermore, the petitioner agreed to provide additional landscaping, a 30 foot buffer and an architecturally finished wall to improve the transition between the commercial site and the residential neighborhood. In addition, the size and scale of any proposed structure is comparable with tile existing 56 foot tall hotel building on the southwest quadrant of 1-75 and Pine Ridge Road. It should be noted that in the Northwest Quadrant of this Interchange Activity Center, the building heights were limited to 35 feet with increased setbacks to minimize impacts on the residential Estate zoned properties. Conversely, the project abuts the 1-75 right-of-way and is near the recently constructed 56 foot tall hotel on the Southwest Quadrant of this Interchange Activity Center. Furthermore, the Cleveland Clinic medical building in the Northeast Quadrant was constructed at approximately 71 feet in height. Based on these factors and the PUD approved 50 foot setback from 10'h Street SW, staff is supportive of a maximum building height of 50 feet. Additionally, all development shall be ~,,h;,~ot u, ~n architectural theme requirement. . 2 NOV 2 4 1998 The Collier County Planning Commission reviewed this their petition during public hearing on October 15, 1998. By a vote of 8 to 0, they forwarded Petition PUD-90-19 (2) to the Board of County Commissioners with a recommendation of approval subject to the provision that the setback from the property line along 10"' Avenue SW be increased to 125 feet for any structure constructed at five (5) habitable stories over one story of parking, not to exceed 60 feet over one story of parking. It should be noted that one individual spoke during the public hearing to express concems that commercial traffic from this site would use I0"' Avenue SW. This concern was alleviated with the provision that the access point be limited to a right-in and left-out only access point which directs traffic to Pine Ridge Road. Since staff has not received any calls or correspondence in opposition to this request, this petition has therefore been placed on the summary agenda. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, it' this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact tees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTIt MANAGEMENT IMPACT: '¥hc subject site is located within the Urban Designated Area and the Pine Ridge Road & Interstate 75 IntcrchanLac Activity Center as idcntificd on thc Future Land Use Map. The district is intcnded to provide a mixture of commercial uscs (i.e.: hotels/motels, restaurants, gasoline service stations and convenience commercial uses) for the traveling and passer-by public. In 1983, the subject property was designated as a cmmnercial node as indicated on the Collier County Comprehensive Plan and Map. In 1989. its designation changed to Interchange Activity Center. The proposed amendment will make it possible to construct any or a combination commercial uses that are consistent with Activity Centers. Since the subject site has been designated as a commercial node for over 13 years, it is deemed consistent with thc criteria set tbrth in thc Future [,and Use Element of the Growth Management Plan. Therelbre, this petition is fully consistent with the FLUE to the GMP. Inasmuch as the use of the subject property will not lower the level of service below adopted standards, there should be no impact on level of sen, ice relationships. Appropriate stipulations to be included in the PUD will ensure that LDC requirements will be made applicable to the development of the subject property. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-90-19 (2), being an application to rezone certain property from "PUD" to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in the Ordinance of Adoption part of this executive summary. - - NOV 2 4 1998 3 ..__.Pc~. -%' ..-.--.- PREPARED BY: RAY BELLOWS. PRINCIPAL PLANrNER DATE CURI(ENT PLANNING SECTION ~*X L D'~~C P, MANAGER DATE CURRENT PLANNING SECTION ROBOT J. ~k IU LHERE.' AICP. DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: _.. ,,... -/~-~..~ V'{NCENT A. CAUTERO. AICP, ADMINIST~TOR DATE COMM~ITY DEV. AND ENVIRONMENTAL SVCS. PUD-90-19 (2},EX SUMMARY,'RVB,rb · NOV 2 4 1998 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMI ~NITY I)I-;VliI,()I'MI'~N'I ANI) IiNVIRONMENTAL SERVICES DATE: SEPTEMBF. R 21. 1998 liE: PETITION NO: PUD-90-19 (21. ASTRON PLAZA PUD AGENT/APPI, ICANT: Agent: Mr. Kenneth B. Cuyler Roetzel & Andress. P.A. 850 Park Shore Drixe Suite 300 Naples. FL 34103 Owner: Cleveland Clinic of Florida. Inc. 3000 West Cypress Creek Road Ft. Lauderdale. Florida 33309 GEOGRAPHIC LOCATION: The subject property is located on the south sid.e of Pine Ridge Road (CR-896) and the north side of l0th Street S.W. in Section 17. Township 49 South. Range 26 East. (See illustration on following page) REQUESTED ACTION: This petition seeks to replace the current Astron Plaza Planned Unit Development (PUD) with a new PUD. Consequently. this rezone action is from PUD to PUD. PURPOSE/DESCRIPTION OF PROJECT: The subject site is located within tile Pine Ridge Road Interstate Activity Center which functions ns an area lhat provides for a mixture of commercial uses tbr the traveling public. The current Astron Plaza PUD is approved for banking, da,,' care. restaurant, and limited office and medical office land uses. The petitioner proposes to develop tile subject site with land uses that are intended to be accessor2,.' and complimentary to their currently approved 180.000 square foot medical facility that is located v,'ithin the Vineyards PUD and opposite the Astron Plaza PUD. The proposed land uses to be added to the Astron Plaza list of permitted uses include group care facilities such as nursing homes and assisted living facilities. Other uses include family services. miscellaneous retail uses similar to the C-2 Zoning District. a hotel/motel, and apparel and nccessors' s~ores. The maximum height of buildings is intended to be 56 feet. xvhere=:, PUD allows 42 feet. NOV 2 4 1998 ~. ~, ~_ ., .,. ~" '~-~t-'~ ~ ' / ~.~. ~ 1~ I ~ ~ S~'~CE~ I I PUD~O "'" ~ ,. I ' 't" '~i m ~ -~ ~---F-' NO~,2 1998 Thc master plan also provides a 50 flint ingress:egress easement along the eastern property linc that is designed v, idl a right-in and left-out only geometry onto Oakes Bot,lexard. In addition. the master plan provides an internal and perimeter landscapc buffer, xxater management facilities, open space, and ,.,.ater and scx,.er. Fhe bufferinu standards, setback standards and architectural standards mec~ or exceed all requirements of lh~ Land Development Code. SURROUNI)IN(; LANI) I,:SE ANI) ZONING: Existing Conditions: The subject site is undeveloped and is zoned PUD. Surroundinu: Noah: - 'File 71 fi'mt talI CIc~eland Clinic .MedicaI Facility that is Zoned: Vineyards I't/D East: Undeveloped: Zoned: ('-I 'T, 5;OUt}l 10th A,,cnuc S.\V. & de,. eloped residential dx,.cllings: Zoned: Estates. West Canal and [-75 right-of-~a,,. ()n Iht soulhv, esl comer ofi-75 and Pine Ridge Road is an existing 56 lbo\ tall hotel building: Zoned: PUD. (;ROWTIt MANAGEMENT PLAN CONSISTENCY: Tile Pt'D has been distributed to the appropriate jurisdiction review entities specifically for revieu, of the PUD for consistency with the current (irowd~ Management Plan land development regulations nnd tile,.' find the follo~,ving: Future Land \:se Element: The subject site is located x~ithm tile Urban Designated Area and Ibc Pine Ridge R. oad & Interstate 75 Interchange ;\ctivitv Center as identified on the Future Land Use/',lap. The function of the Interchange Activity Cea}er provides for a mixture of commercial uses (i.e.: hotels/motels, restaurants, gasoline sen'ice stations and convenience commercial uses) for the traveling and passer-by public. This petition proposes to add commercial land uses that are complimentar).' to the Cleveland Clinic hospital facility located directly across Pine Ridge Road. The proposed amendment ~if approved) ,,,,'ill make it possible to construct any or a combination of tile lbllou, mg uses: Group care facilities such as nursing homes and assisted living thcilities, famil,, sen'ices, miscellaneous retail uses. a ho\cl.'motel, and apparel and accessory stores. In 1983. the subject property was designated as a commercial node as indicated on the Collier County Comprehensive Plan and .",lap. Itl 1089. its designation changed to Interchange Activity Center. Tile designation change in 1989 specifically identified tile subject property within Ih~ Pine Ridge Road/Interstate 75 Interchange Activity Center. consequently earmarking this property for commercial use. In addition, the site ,.,.'as zoned PUD in 1990 to alloy,' for limited commercial land uses. Since the subject site has been designated as a commercial node for over 13 years, it is deemed consistent with the criteria set forth in tile Future Land Use Flement of the Grox,.'th Management Plan. It should be noted that lhe existing and proposed additional uses are similar to tile Angileri PUD and the Pine Ridge Corners PUD except that tile proposed amendment does not permit gasoline sen'ice stations. .Traffic Circulation Element: The traffic impact review indicates that the site venerated trips I from tile proposed additional permitted uses will not exceed the significance test~o~-";-~ ..... , ' "'~ Road w~thm the project s radms ot development influence (RDI~. In addition. Pine R due 2 I40v 2,1 1998 currentl,, a 4 lane arterial road fronting ~llc pro. i~c~. thc current traffic count for this sc~menl from t-75 to CR-g51 is 13.0 ,"8 A.-\DI" ~ bich results in l. OS "W' operation. Applicahle l':lemcnt~: Staff re'~iev, indicates that this petition has been designed to account for the necessary relationships dictated by tile Growth .Manaeement Plan. Mitiuation measures and stipulations have been developed I~here appropriatel 'o ensure consistency ~ith the GMP durinu the permitting process. Development permitted by the approval of this pc/ilion 'will be subject to a concurrency revie:~ tinder thc proxisions of Section 3.15 of the Collier Count,,' Land Development Code. Adequate Public Facilities. at tile earliest or thc next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore. this proposed PI.'D amendment is consistent ~ith th~.. uo:,ls and policies of thc (iMP. Staff bas concluded that no level of sen'ice standards will be ad',ersel'~ affected b,, this amendment. ..\ppr~pnatc mitigation measures and stipulations u. ill assure 'that tile County's interests are maintained. Consistency with the t, oals. objectives and policies of other applic]~ble elements of tile GMP and level ol'ser~'ice relationships are to bc achieved by stipulations and/or development commitments made a part of the approval of this development order. I 11STO R I C/..~, R CII.,\ I-~O I.O{; IC..\ i. IMPACT: .S'tafl's anal5 sis indicates that tile petitioner's property is located outside an area of historical and archaeological probabilitx as referenced on thc official Collier County Probability Map. T lerelbre, no Ilistorical ..\rchaeological Sunex' and Assessment is required. Pursuant to Section 2.2.25.8.1 of tile Land l)e~¢lopment Code il' during tile course of silt: clearing, excavation or other construction actix it,, an historic or archaeolot, ical arlifact is found, all development within tile minimum area nccessa~ to protect the discover5, shall be immediatelx stopped and tile Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRON.MENTAL. TRANSPORTATION AND INFRASTRUCTURE: Tile sub. jeer petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of' critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation .~en'ices Division. These reviex~s help shape tile content of the PUD Document and cause development commitments to be formulated to achieve (iMP and LDC requirements. The environmental staff t~as indicated that an appropriate portion of native xer, etation shall be retained on site. In addition, an exotic xegetation removal, monitorimz and maintenance plan tbr tile site shall be submitted to staff tbr rex ic~ and approval prior to construction plan approval. EVALUATION: The purpose of this petition is to amend the ,.\stroh Plaza PUD even thougt~ the process is one of rezoning tile land from "PUD" to "PUD". 'Die intent is to achieve a level of administrative convenience because it avo/ds tile requirement to track amendments to the orieinal document in order to understand tile totality of the reuulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not nppty in recognition of tile fact that v. hen tile proper'tv ','.'as initially rezoned, the decision to approve the subject PUD ~as based upon n preponderance of evidence and conditions which st, pponed tile required findings for PUD rezoning actions. However. staff has e,'aluat~u{~i'~ ~'.~"2,, NOV P, 4 1998 proposed amendment and has thc follo~in~ comments: The c~'aluation h) protk'~jonal ~al'l' shotfld bpically include an anal>sis of thc projem's relationship m lhu communil~'s fulurc land usc plan. and ;~hethcr or not the proposed amendment would he consislcnl x~ilh Iht Collier Cotmtv Gro~th Nlanagement Plan in all of ils related elements. Other evaluation con~idcrali(m~ should include an assessment of adequac5 of transponation inl~aslruclure, other infraslruclt~rc. and compatibility with adjacent land uses. This consideration usually dealt ~ith as a fimclion analyzing the relationship of thc rezoning action ~o the long range plan tbr all future land uses. Thc most important facet of thc rczoning action is th;il it constitutes a lcaislntivc stalelnenl lhat authorizes d~e use of land for a specific devclopmem stratcg>, provided ~hc development of thc land can go lbnvnrd. It max not aflkcl the timing of development because of subsequent permitting rcquircmcnls. J~elalionshiplo Existinu [,and Uses - In regards lo compatihilib.thcrc arc currentl~ lbur ~4~ approved commercial PI;D prqjecls in thc Norlh~e~l ()uadrant of'this Interchange Acli~il~ Center ~hich have a comparable relationship Io l:slnles zoned prope~. Thc most rucentl~ approved project in this Activity Center ~as the Pine Ridge Corner's PUl5 ~hich ~as appro~ e~l ()n .hint 23. Iggg. It i~ the intcllt of ~taJ'J' to strtlgturc lJli~ propo~gd af1}t*fldfll~fll ti) lJlg Astron land,taping, screening ami Iml't~.ring ~lm~dard~ Io lho~' lhal ~urc appro~ud in ('orner~ P[ '[) and d~c earlier npprott, d ('lumen PI'l). II ~hould be holed lhal Iht uxislmg and pn~posed pcrmilled u~c~ are similar I~ Ihe u~'~ pgrmJllt, d in Ibc PJnu Ridgu ('ornt, r~ ('lu5en lq;l), exccpl ll~;~l Ihe ('lc~cn PI'I) ;md thc A~lrOll Ph~/;~ Pi'l) tlt~ not pcrmil A ¢onlpari.,,on t,l' thc dc~,clorml,.:fu .,,lam. htrd., of 3 lq'l) pr,~jt, ct~ that abut th~, l'Sstat~ /treed resJdenliaJ properties arc as I~qlo~ s: ASTRON I'LAZA PINE RII)(;E CORNERS CLESEN PUl) Setbacks: Front: 25' Pine Ridge Road 25' Pine Ridge Road 25' Pine Ridge Road 50' 10d~ Avenue S~V. g0' I.h'ingston ~k'oods gZ.5' I,i~ ingston Woods Side: % Building tleight 15' (External to PI;l)} 15' (External to PUI)} Rear: 25' From 1-75 Canal 15' ~kxternal lo PI'I)j 15' (Exlernal to PI;Di lleight: '5' (llotds)** 30' (llotcl,- 2 Storie~ 35' iIIolcls- 3 Stories} iluffer: ( 5' x~ iclc 'l s pc "D" along (2t~'x~idc'lspc"l)"along (20' wide'l'3pc"l)"ahmg 0th .,Xx enue NWl* l,ix ingslon Woods}' I.ivingston Woods)* * A more str~nuent scrcenmu is provided than required in Section_.4., ~ '.4of the Ll)C. Treesare spaced a minimum of 15' and a sinele row of shrubs 3' on center. []oi}1 trees nnd shrubs are to be located on the street side of an 8' tall architecturally finished masonry xvnll. In addition, the Astron Plaza PUD Master Plan provides a 15 foot drainaee easement in addition to ti~e 15 foot buffbr for a total of 30 tbet alone l0th Avenue SW. ** Slaff is recommending a maximum heiuht of 60 tbet over one story of pnrkinu ns Ion~ as Ihe setback is increased lo 125 feet from 10th Avenue SW. Note: The existing holel within lhe ~ Soulherland PUI) located in the southwesl corner of i-75 and Pine Ridge R,m~l w~ee.o~,~tu al)proved nt fifty-six (56) feet above grade. ~e ~ NOV 4 1B 8 4 Pg. On September II. 1990. the Board of Count,,' Commissioners appro~.ed ()rdinancc 90-60 establishinz the Astron Plaza PUD which alloxved for a dri'.e.in bank or financinl institution. business and professional offices, a 2.000 sqt,are t't~,t restaurant and a da,, care t'acilit3.. The P!..'I) document ~,.as also amended by Cleveland Clinic on September ~' 19o6 to increase the maximum building height from 35 feet to 42 feet. 'the petitioner indicates that their original plans for ora medical office building expanded soon after the subject property ',,.as purchased. Although. the current PUD allows for a medical office uses. the site v, as deemed to small to accommodate thc expanded plans, h v,'as at that time tlx~t the Cleveland Clinic obtained a 27.5 acre site within the Vineyards PUD directly across Pine Ridge Road from the Astron Plaza PUD. Relationship to Future l.and l:ses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the propose~ znning actmn to the Future I.and I;sc [ilcmcnt ~,f' the (irmvth Management ['lan. Since the property is located within an Activity Center of the Future I.and l.lse ,Map to the FLUE. the existing commercial PI.'D is compatible with the adjacent commercial and medical land uses. Given the urban influence impacting thi,, area. the prop~sed change is timel,, in that this land is o consistcm x~ ith requirements of the FLUE to thc (iMP. The chance in land use to add C-2 type miscellaneous retail, and hmels;motels, f'amilx set'. ices and ,roup care facilities '.'.ill not change any consistcncx standard xvith the existing commercial zoned'properties. PUD f)evelt~pment Standards - The only proposed change to, lite currently approved development standards is to increase the maximum buildinu hei~'ht from 42 feet to 5~ feet. Staff is of the opinion that the additional t4 fL'et in height for the'-hotel or other building will not significantly intensify the commercial use of the site due to the additional landscaping, wall and buffer requirements provided. In addition, the size and scale of this structure is comparable with the existing 56 foot tall hotel building on the south~,,,est quadrant of 1-75 and Pine Ridge Road. Because of the single family residential neighborhood to the south· a 30 foot buffer has been provided to offset the increased buildin~ hei,-,ht. It should be noted that in the Northwest Quadrant of this Interchange Activity Center. the buildine heights ,,','ere limited to 35 feet with increased setbacks to minimize impacts on the residential' Estate zoned properties. Conversely, the project abuts the 1-75 right-of-'.vay and is near the recently constructed 56 foot tall hotel on the Southv,'est Quadrant of this intercham, e Activity Center. Furthermore. the Cleveland Clinic medical building in the Northeast Quadrant '.'.'as constructed at approximately 7] feet in height. Based on these factors and the PUD appro~,ed 50 foot setback from l0th Street SW, staff is supportive ora maximum building height of' 50 feet. Additionally. all development shall be subject to an architectural theme requirement. PUD .X. laster Plan - The PUD Master Plan is basically unchamzed between the current PUD and the proposed platt except for the elimination of tract boundary lines. The main access point location off of Oaks Boulevard remains the same. ,,ks a result, this PUD amendment essentially does not change internal land use relationships. Utility Infrastructure - Water supplies are available to this site. All development must comply ',vith surface ',~ater management requirements invoked at the time of site dc','elopment plan reviev,'. Traffic Circulation and Impact - Staff has identified the fact that the change in land use '.,.'ill not have a significant impact on Pine Ridge Road bx virtue of the fact that vehicular s :e generate0 trips will not exceed 5% of the LOS "C" design capacity. Furthermore. it should b~ appr~;~a~e~/~2~ that all future development is subject to actions which may be taken as a resuh of application of tile County's Concurrency Management provisions. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission fi~rward P~:tition PUD-90-19 (2) to the Board of Counw Commissioners x~ith a recommendation for approval subject m following condition: (a) That tl~e height of buildings no~ exceed fifty tS0) feet above grade. PREPARED BY: / 7'..,_.,_. ~ RAh' BE~£1,OWS. PRINCIPAL PLANNER DATE ~RENT PLAN~'ING SECTION R qEWED B ~NALD F. NI~&'~MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE. AICP. DIRECTOR DATE PLA~ING SERVICES DEPARTMENT APPROVED BY: · .., .~/ ~--- \q'NC~NT A. ,CAUTERO. AiCP. ADMINISTRATOR DATF. CO*~,IL.,~IT'~ DEV. AND ENVIRONMENTAL SVCS. Staff Report for the October 15. 1998 CCPC meeting. COLLIER COL,'NTY PLANNING COMMISSION: RVB'rb, STAFF REPORT,'PUD-90-19 b~OV g 4 1998 PETITION NU'M~ ER p. SCE VED JUL 2 9 1998 co uT Ew. OP m ? i. Name of Applicant(s) Cleveland Clinic of Florida, Inc., a not-for-profit Corporat Applicant's Mailing Address 3000 West Cypress Creek Road City Ft. Lauderdale State Florida Zip 33309 Applicant's Tel2phone Number: Res.: Bus.: 954-978-7483 Is the applicant the owner of the subject property? Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. X (b) If applicant is corporation other than a public and name officers and major corporation, so indicate stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ~d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual o'wners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address belo'~. Cleveland Clin/c Florida, Inc., a not-for-profit Corporation Har~y K. Moon, M.D., Chief Exective Officer (If space is inadequate, attach on separate page.) 2. Name of Agent Richard D. Yovanovich Firm Roetzel & Andress Agents Mailing Address 850 Park Shore Drive, Suite 300 City Naples State Florida Z' ~A~ Telephone Number: Res.: Bus.: 6~9-W2U0 ~ ~ NOV 2 4 1998 Astron Plaza 3. PUD ORDIHANCE NAME AND ~;LrMBER: '. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVEP~ED BY THE .~PPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale) . THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGI~EER'S CERTIFICATIO~ SHALL BE REQUIRED. SECTION TOWNSHIP RANGE Per attached 5. Address or location of subject property SE co,er of Pine Ridge Road and Napa Boulevard 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). 7. TYPE OF AMENDMENT: × A. PUD Document Language Amendment X B. PUD Master Plan Amendment __C. Development Order Language Amendment 8. DOES ~ENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: 9. H3. S A PUBLIC HFJkRING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YE~? IF SO, IN WHOSE ~;~ME? N/A PETITION #: DATE: 1998 10. HAS A/;Y PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? O X YES, DESCRIBE: (ATTACH No. IF ADDITIO:;AL SHEETS IF NECESSARY). AFFIDAVIT We, Harry K. Moon, as CPO being first duly sworn, depose and say that '-'a ars. the owner¢ of the property described herein and 'which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. ~understand this application must be completed and accurate before a hearing can be advertised. W~: further pernit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNAT~ES OF ALL O~ERS ARE ~NDATORY. *Cle~e~ Ci~c ~is SIGNAT~E OF AGENT State of Florida County of Collier ;/ The foreg~g Application was acknowledged b~ore me this ~ersonally ~% o~ ~'ho has produced Q as identification and who did (did not) take an oath. (Signature of t/otar~ublic) NOTARY PUBLIC Commission ~ My Commission Expires: PUD\DO ~.' 3 NOV 2,1 1998 I 4 $ AN CRDi:;A:;CE -,,r ....... ~..'.-,~- ..~ CP. Di:;A::CE 6 91-102, THE CCLLiEP CSU:;TY LA:;D DEVELOPMENT ? CODE, WHICH i::CLUDES THE COMPREHENSIVE 8 ZONIFG REGULATIONS FOR THE UNINCORPOP~.TED 9 AREA OF C~LLiER ~O~.,~v., FLORIDA, BY 10 A~,E.,~,,,~ ... OFFICIALZ~.,:NG ATLAS :/,AP l! NUMBERED GGE25 ~2 CLASSiFiCATiC:: OF THE HEREIN DESCRIBED REAL 13 PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT I= 5EVELOPME::T ....... :,.,~*",, AS ASTRON PLAZA, FOR 15 PROPERTY LOCATE2 ~..~" THE SOUTH SiDE OF PINE 16 RIDGE .:.CAD :C..:.. ~96'~ AND THE ::ORTHSiDE OF IV '0:" STREET £.W., iN SECTiO:~ 17, TOWNSHIP l.~ 49 SCUT}{, ?J~NGE 2{ EAST, COLLIER COUNTY, ~9 FLORiCA, C~''"'= ..... .. .~,,o~ ..... ~' OF : 56+ ACRES; 20 PROViDiNG FOP THE REPEAL OF-ORDINANCE ~..,u Bt' PROVIDING 22 AN EFFZCTiVE ZATE. 23 26 reZresentlr.~ Cie'.'ei~nc Ciln~c cf Florida, inc., petitioned the Board of .... ' .... y 7cr.r. zss~cners tc cnan~e %ne 2Dzi7.~ class~ficatlon of the herein 2S Cescrlte~ real 29 ::OW THE~EFSPE ~E iT CRZAiNE2 BY THE ROARD OF COUNTY COMMISSI. 30 CSLLiER COUNTY, FLORiZA; 3~ SECTi~''~., ONE: 32 The Zcning Classlflca:icn cf the herein described real property 33 !ccate~ in Section 17, Tcwnshlp 49 South, Range 26 East, Collier County, ~ ..... a, :s changed f:om "PUD" :c "PUD" ~!anned Unit Development in 3~ accorCance ',:Lth the PUD 2ocumen:, attache~ hereto as Exhibit "A", which 36 ls :nsorpcrated herein and ky reference made part hereof. The Official ]7 Zoning. A:ias Map nu~ered G~:~''~:., as described in Ordinance Nu~er 91-102. 38 the Cailler County Lano :evelcpmen: Code, ls hereby amended accordingly. 39 cr ...... 40 ~' ~' ~ 90-6 , ~.d~..anc_ Nu~er ~ as ar. ended, known as the Astrcn Plaza PUD, · '~'~ ' '' '99~ ~" 'n~ 5ca~ of County Cc~issioners of ~2 Cciil~-_. County, is hereby ._~_-~-~a.~e~ in lis entirety. ~3 S .... ~., THREE: ~ This Ordinance shall become effective upon filing wi%h the 45 Departmen: cf S%a:e. AGENOA ITEM A G E NDA.J,ZE I,,I -- NOV g 4 1998 ASTRON PLAZA A PLA~NN'ED UN'IT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE ASTRON PLAZA. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CLEVELAN'D CLINIC OF FLORIDA. INC. PREPARED BY: THE V-GROUP OF FLORIDA. INC. 5150 TAMIAM[ TRAIL NORTH. SUITE #303 NAPLES. FLORIDA 34103 ROETZEL & ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL ,aGENDA EXHIBIT "A" ' ' NOV 2 4 1998 .TABLE OF CONYENTS PAGE LIST OF EXHIBITS AND TABLES i STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 3 SECTION III COMMERCIAL AREAS PLAN 5 SECTION Ix.. DEVELOPMENT COMMITMENTS 7 .LIST OF EX'ItlBITS AND TABLES EXHIBIT A Location Map/PUD Master Plan i AC~ E N DA,~ T ~M "~ N~V g 4' 1998._~.__J STATEMENT OF COMPLIANCE The de','elovment of this proiect 'xiil be In comelian:e with the plann'.niz voais and objectives of Collier Count.',' as se: ten.", m the Growth .Mana~,ement Plan. Ti:is compliance inc,u,..es"' I. The subject property is located in an area identified as an Activitv Center in the Growth Management Plan for Collier Count.','. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject :rat: is located on the south'xes: corner of the Pine Ridge Road and Oaks Boulevard intersection. This strategic location allows the site superior access for the placement of commercial activities. 4. The project shall be in compliance with all applicable Count.,,' regulations including the Growth Management Plan. 5. The project will be sen'ed by a complete range of services and utilities as approved by the Count.'.'. O 6. The project is compatible with adjacent land uses through the internal arrangement of structures. the placement of land use buffers, and the proposed development standards contained herein. 7. The Plarmed Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functiens and to serve as project amenities. 8. All final local development orders for this project are subject to the Collier Count.,,' Adequate Public Facilities Ordinance. ii NO .t'7/~, _ NOV 2 4 1998 SECTION I PROPERTY OX~,.'NERSIIIP AND DESCRIPTION 1.1 PURPOSE. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of The Astron Plaza PUD. 1.2 LEGAL DESCRIPTION. The subject property bein,~ 8.56 acres, is described as: Description of land sur','e':'ed being a part of Tract 10, Tract 25. and Tract 26 of Golden Gate Estates. Unit No..33 (P.B.6. Page 70). Collier Count.,,', Florida. Containing 7.63 acres more or less as follows: All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County. Florida: LESS AND EXCEPTING therefrom the parcel described as Parcel 138 in'Official Records Book 850. Page 1597. Public Records of Collier County. Florida: subject to easements and restrictions of records: containing 1.59 acres more or less: AND All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6. Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 113-R in Official Records Book 970, Page 705. Public Records of Collier County, Florida: subject to easement and restrictions of record: containing 2.94 acres more or less: All that part o5 Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6. Page 70. Public Records of Collier County. Florida: LESS AND EXCEPTING therefrom that parcel described as Parcel 139 in Official Records Book 850. Page 1598, Public Records of Collier County, Florida: subject to easements and restrictions of record; containing 3. I0 acres more or less. The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 33. recorded in $.R. Book 2224. Page 998. Collier County, Florida. t NOV g A 1998 1.3 PROPERTY O~,~, .'NERSI tIP. The subject property is currently under the o'.vnersklp of Cl:veland Clinic of Florida. Inc.. a Florida not-for-profit corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA. A. The project site is located in Section 17. Township ,*9 South. Ranee 25 East. The property is bordered to the north by Pine Ridge Road. to the E~t by Oaks Boulevard. to the South by 10th Street SW and to the West by the 1-75 canal adjacent to Interstate 75. B. The zoning classification of the subjezt proper~y prior to thc date of this approved PUD Document was PUD. PI-IA:SI CA L DESCRIPTION. The project site is located within the South Florida Water Manalzement District (SFWNID) and the surface water management system will be designed in accordance with S~VNID criteria. Storrnwa~er runoff from the site ',,,'ill be directed to a surface water management area near the west side of the site which will retain;detain the water prior to discharge into the 1-75 canal. The project s~te. currently consists of a mix of mainly pines and palmettos and other upland species. Soils as per the Soil Survey of Collier Count2,,', Florida. issued by the U.S. Department of Agricultural (Soil Conservation Service. March 1954) show an approximate 50/50 mix of Boca Fine Sand and Malibar Fine 5and. The site is within Flood Insurance Rate Map Zone X. The buildimz finish floor elevations and pavement elevations will be determined by routing of the 1150 year and 25 ,','ear 3 day storm events. 1.6 PROJECT DESCRIPTION. The project is intended to comprise a hotel/motel, medical uses, commercial uses and other retail uses. 1.7 SHORT TITLE. This Ordinance shall be knov,'n and cited as the "The Astron ~ Development Ordinance." ] ,~o*~ e~r,,, , ,., ,,,/./ /3 ~ NOV 2,1 1998 I SECTION II PROJECT DE'~LOPMENT REQUIREMENTS 2.1 PURPOSE. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 .G. E,N~RA L. A. Regulations for development of the Astron Plaza PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier Count',' Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Astron Plaza PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3. .DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. A. The project Master Plan is illustrated graphically by Exhibit "A". PUD Master Development Plan. 3 NOV 1998 2.4. DESCRIFI"ION OF PROJECT DENSITY OR INTENSITY OF LAND /'SI-'.. The Astron Plaza PUD will be developed as a commercial PUD. The density or intensity of use will be determined based upon the development standards set ~'onh in this document and the applicable provisions of the Collier County l.and Development Code. 2.5. RELATED PROJECT PI,AN APPROVAl, REQL"IREMENTS. A, Prior to the re:ording of a Record Plat. and/or Condominium Plat for all or part of the PUD. final plans of all required improvements shall receive approval of the appropriate Collier Count.,.' governmental a~encv to insure compliance with the PUD Master Plan. the Collier County Subdi~'isio'n Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan. constitutes the required PUD Development Plan Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered bv the PUD Master Pl~q. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier Count.',' l.and Development Code. and the platting laws of the State of Florida. C. The provisions of DMsion 3.3 of the Collier County Land Development Code. when applicable, shall apply to the development of ~11 platted tracts, or parcels of land as provided in said Division. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. :4.MENDMENTS TO PUD DOCL.'MENT OR PUD MASTER PLAN. Amendments ma,,' be made to the PUD as provided in the Collier Count,,' Land Development Code. Section 2.7.3.5. ' 2.7 .ASSOCIATION OF PROPERTY O$1~%'ERS FOR COMMON AREA MAIN'I ENAa\'CE. Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or a reciprocal easement agreement among all property owners for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. Section 2.2.20.3.8. 4 NOV' 2 4 1998 2.8 POLLING PLACES. Any community recreation/public building:public room located within the Astron Plaza PUD ma.,,' be used for a polling place, if determined necessary by the Supervisor of Elections. in accordance with Section 2.6.30 of the Collier County Land Development Code. SECTION III CObD4ERCIAL AREAS PLAN' 3.1 PURPOSE. The purpose of this Section is to identify the type of Commercial Uses and development standards for the Astron Plaza PUD. 3.2 USES PEtLMITTED. No building or structure or part ~hereof. shall be erected, altered or used. or land used, in whole or part. for other than the following: A. Principal Uses 1. Miscellaneous retail (Groups 5912, 5941-5949) 2. Insurance and Real Estate Offices (Groups 6311-6399, 6411, 6512) 3. Hotels and Motels (Group 7011) 4. Legal Services (Group 81II) 5. Engineering, Accounting, Research. Management and related services (Group 8721-8749) 6. Apparel and accessory stores (Groups 5611. 5621. 5641. 5651, 5661. 5699) 7. Depository Institutions (Groups 6021-6062) 8. Child Day Care Services (Group 8351) 9. Group care facilities (category I and II, except for homeless shelters); care units; nursing homes; assisted living facilities pursuant to {}400.402, Florida Statutes, and Chapter 58A-5 F.A.C; and continuing retirement commurdties pursu, ant to Chapter 651. Flcrid;ec,~aol~?,7, Chapter 4-193 F.A.C: all subject to §2.6.26 of the~ LDC~.o ~ ! / NOV 24.1998 1 O i0. Individual and family services {Group 8322~; activity centers for the elderly and handicapped: adult day care centers: and da)' care centers, adult and handicapped only. 11. Eating places {'Group 5812 only). All establishments engaged in retail sale of alcoholic beverages for on-premises consumption are subject to locational requirements of §2.6.10 of the LDC. 12. Health services {Groups 8011-8059); wellness center. B. Accessory Uses I. Parking lots 2. Signs 3. Other 3.4 DEX,'E1,O P.'X lENT STANDARDS. A. The following are the development standards within the PUD: I. Minimum Lot Area - Thirty-nine Thousand (39.000) square feet. 2. Minimum l_ot Width - One Hundred Fifty feet (150'). 3. Minimum Yard Requirements (a) Front Yard - Fifteen feet (15') from the international road right- of-way or road easement line. (b) Side Yard - One-half (l/2) of building height with a ten foot (10') minimum. (c) Building setback from the Pine Ridge Road and Oaks Boulevard right-of-way - Twenty-five feet (25'). (d) Building setback from the 1-75 Canal Easement - Twenty-five feet (25'). (e) Building Setback from 10th Avenue SW right-of-way - Fifty feet (50'). 4. Distance Between Principal Structures - Fifteen feet (15') or a distance equal to one-half (1/2) the sum of the building heights, whichever is greater. 5. Maximum Heir. h! - Five (5) habitable stories over one story of parking. not to exceed sixty feet over one stot3' of parking. The building setback set forth in Section 3.4 (A)(3)(e) above shall be increased to one hundred twenty-five feet (125') between the loth Avenue SW property line and any structure constructed to five (5) habitable stories over parking. 6. Minimum Floor Area of Principal Structure - One ~hous:~8 square feet per building on the ground floor. ~ NOV 2 1998 B. Lighting: All lights shati be located and oriented in such a manner so as not to produce glare onto adjacent roadways or nearby propemes. C. Prior to an.,,' site plan approvals or the sale of an,,' fractional part of the project/site, the owners shall establish and record covenants and/or deed restriction applicable to ail of the properties under this PUD. These covenants and/or deed restrictions shall set one consistent theme for architectural design and signage so that all individual parcel developments shall have compatible character, color schemes, roof materials, and signage design. Said regulations, covenants, and/or deed restrictions shall be of acaeptably high standards and shall be enforced by the owner and developer. D. All development shall comply with the architectural standards :er forth in the Collier Count)' Land Development Code. PROVISION FOR OFF-SITE REM'OVA. L OF EARTHEN MATERIAl, The excavation of eamhen ma[oriel and its stockpiling in preparation of water management fac:ii:les or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on [hose buildable portions of the project site are such that there is a surplus of ear~hen material then its off-site disposal is also hereby permitted subject to the following conditions. 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3..5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20.000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE. The purpose of' this Section is to set forth the development commitments for the development of the project. 4.2. GEN'ERAL. All facilities shall be constructed in strict accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local laws. codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 sh~ project even if the land within the PUD is not to be platted. The develoier. 7 i NOV £ 4 19,98 and assigns, shall be responsible for the con'unitments outlined in this document. The developer, his successor or assienee, shall aeree to follow the .,Master Plan and the regulations of the PUD as adopted, find an':' other conditions or modifications as may be agreed to in the rezoning of the property. In addition, an>, successor or assienee in title is bound b;' the commitments within this agreement. ' 4.3. PUD .MASTER PLAN. A. Exhibit "A" PUD blaster Plan illustrates the proposed development and is conceptual in nature. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments ma.,,' be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. -1.4. SCIIEDLT,E OF DEVELOP.XIENT/.MONITORING REPORT AND SUNSET PRO%TSION. O A. The proposed staa date of the project is within three (3) >'ears of approval of the PUD and completion date is within five (5) years of approval. This PUD shall be subject to the Sunset Provisions of Secticn 2,7.3.4 of the Land Development Code. B. Monitorin~ Report.'_ An annual monitorine report shall be submitted pursuant to Section 2.7.3.6 of the Collier Count5, La~d Development Code, 4.5 _TRANSPORTATION. A. Streets shall be private and located within a rift5' foot (50') easement. Project design and construction shall meet or exceed Collier County standards in effect a: the time of construction plan approval, B. All traffic control devices used. excluding street signs, shall conform with the Manual on Uniform Traffic Control Devices ¢Chap~er 316.0747 Florida StatutesL C. There shall be only one point of access to the project from Oaks Boulevard and it shall be approximately centered on that frontage. There shall be no right turns out onto Oaks Boulevard and no left turns onto the properw off of Oaks Boulevard. · D. The Developer shall construct a south-bound right turn lane on Oaks Boulevard at the project entrance. E. The developer shall provide collector level street lighting at 8 NOV 2 .t 1998 F. The above improvements are considered "site related" as defined in the Collier Count,,,' Road Impact Fee Ordinance and shall not be applied as credits toward any impact fees required by that Ordinance. They shall be in place before any certificate of occupancy are issued. Payment of impact fees shall be in accordance with the fee schedule as set forth in the Collier Counts' Road Impact Fee Ordinance. G. Work within Collier Count.',' right-of-way shall meet the requirements or' Collier County Right-of-Way Ordinance No. 93-6,1.. 4.6 WATER MANAGEMEN'T REGULATIONS. A. An excavation permit will be required for the proposed detention area in accordance with Collier County Regulations and South Florida Water Management District. B. Derailed landscape and water management plans and water management calculations shall be submitted to show that the required quantity of water can be provided in the area joindy used as a landscape and drainage easement. 4.7 ENGINEERING. A. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier Count>' Land Development Code, Division 3.2 Subdivisions. B. This project shall be required to meet all Count>' Ordinances in effect at the time final construction documents are submitted for development approval. 4.8 UTILITIES. A. Water distribution, sewage collection and transmission water facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Reg'ulations and Ordinances. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 9 4 1998 D. Appropriate easements for th,.' proJeCts internal water and sewer system shall be documented on the construction plans and shall be dedicated to the Collier Count,.' Water Sewer District. E. Construcuon (irawmgs. techrdcal spec~ficauons and all pemnent information shall be submitted ir, accordance with the applicable Collier County ordinance then in effect and shall be approved prior to the issuance of building permits. F. Power. telephone, cable television and any additional utilities that may initially or at some future date serve the project, shall be installed as per Collier County Ordinances and in compliance with any other applicable state or county laws, codes, and regulations. 4.9 ENVIR ON.'MENTAL REGL'LATIONS. A. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the L:md Development Code. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planmng Environmental Staff for review and approval prior to tim,al site plan~construction plan approval. 4.10 ACCESSORY STRUCTL'RES. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model 4.I1 SIGNS. All signs shall be in accordance with DMsion 2.5 of the Land Development Code. 4.12 LANDSCAPING BLTTERS. Landscaping buffers shall be provided as follows: A. All internal landscape buffers shall be ten feet {10') wide. B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine Ridge Road. O C. A Type B landscape buffer shall be provided along 10th Avenue and Oaks Boulevard. In addition, a three foot (3') high hedge at three t'~,~,r shall be planted,on the r~ght-ot-way s~de ot the wall a4d the,~r~ be fourteen feet ~14 ) to sixteen feet (16') in height. ! ~ ~ .-.~~-~.~ ............. ~_~...+~ ~ <' I ~' ., ~ * ~ I ':' '~ ...... :~"' 'il; il;' ' ' JJ; J' JJt~ I · -'0'_ g ~ '"- - = - ~ -- --'- iiiI ~! NO~ 2~ ~998 . ,,. ,~- ~ ',ill Pa. EXECUTIVE SUMMARY PETITION V-98-16, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING, REPRESENTING THEODORE J. NYLESE, JR., REQUESTING A VARIANCE OF 9 FEET FROM THE REQUIRED REAR YARD SETBACK OF 25 FEET TO 16 FEET FOR PROPERTY LOCATED AT 442 ROSEMEADE LANE, FURTHER DESCRIBED AS LOT 17, ROSEMEADE AT WYNDEMERE, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a 9 foot variance from the required 25 foot rear yard setback to 16 feet to allow construction of an addition to an existing structure. CONSIDERATIONS: The petitioner wishes to construct an addition to his house. The proposed addition would encroach into the required rear yard by nine feet. A golf course is directly behind the proposed addition, and there is existing landscaping along both side property lines. Letters of no objection from both adjacent property owners have been received. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. AGENO~.ITF. bt N~. /? ~'"~_ NOV 2 4 1998 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 5, 1998, and by a unanJrnous vote, forwarded Petition V-98-16 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: RED REISCHL, SENIOR PLANNER DATE CURRENT PLANNING RO~'A~_D 'F'. ~Nb, AICP DATE CURRENT PLANNING MANAGER '"" "; :'---~'-- . '." t,'~ t ~ '.,'"' ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR AP~DR(3~ED BY: · VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN.98-16 2 NOV 2 ,~ 1998 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 5, 1998 RE: PETITION V-98-16 AGENT/APPLICANT: Owner: Theodore J. Nylese, Jr. 442 Rosemeade Lane Naples, FL 34105 Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road North, Suite B Naples, FL 34105 REQUESTED ACTION: The petitioner requests a 9 foot vadance from the required 25 foot rear yard setback to 16 feet to allow construction of an addition to an existing structure. .GEOGRAPHIC LOCATION' The subject property is addressed as 442 Rosemeade Lane and is legally described as Lot 17, Rosemeade at Wyndemere. AGENDA ITEM. NO. /~'~ ,~ NOV 2 4 1998 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct an addition to his house. The proposed addition 'would encroach into the required rear yard by nine feet. A golf course is directly behind the proposed addition, and there Is existing landscaping along both side property lines. SURROUNDING LAND USE AND ZONING' Subject: Single family home; zoned PUD Surrounding: North - Single family home; zoned PUD East . Golf course South - Single family home; zoned PUD West - Rosemeade Lane ROW HISTORIC/ARCHAEOLOGiCAL IMPACT; Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE ANI3 ENVIRONMENT: Approval of this variance rec!uest will have no effect on infrastructure, transportation or the environment. ANALYSIS.'_ Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commissior' is advisory to the BZA and u',ilizes the provisions of Section 2.7.5.6.1 through 2..7.5.6.8 which are general guidelines to be used to assist the Commission in making a determination. Responses Io the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No. The existing house fits on the property with the required setbacks. NOV 2 1998 pg. .,f" Are there special conditions and circumstances which do not result from the ~ action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The Petitioner wishes to construct an addition to his existing home. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is an existing home on the property. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, the existing home is a reasonable use of the land. The proposed improvements would increase the living area. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this vadance will allow the petitioner to have a smaller rear yard than would be permitled for a similar lot in the Wyndemere PUD. f. Will granting the variance be in harmony with the general Intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this vanance will reduce the amount of the required yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The rear yard of the lot abuts a golf course tract. Landscaping along the side yard will soften the view from neighboring properties. NOV 2 4 1998 __ .o __.L--.._.._I O h. Will granting the variance be consistent with the Growth Management Plan. Al~proval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Due to the fact that the proposed addition will be ameliorated by landscaping and will abut a golf course tract, staff recommends that the CCPC forward Petition V 98-16 to the BZA with a recommendation for approval. PREPARED BY: /o. FRED REISCHL, SENIOR PLANNER DATE w NT PLANNING ED ~tt': /R~NALD F. ~O, AICP, MANAGER DATE ~ ~~RRENT P~NNING ROBER~J.~ULHERE, AICP, DIRECTOR DATE VINCENT A. CAU~RO, AICP, ADMINIST~TOR DA~ COMMUNI~ D~ELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-16 Staff repo~ for the November 5, 1998 CCPC meeting. This Petition has been tentatively scheduled for the November 24, 1998 B~ Public Hearing. Collier Coun~ Planning Commission: MIC~ J~UET, C~MAN NOV 2 4 1998 4 VARIANCE PETITION (VARIANCE FROM SETBACK ~TITIO~ ~0. w'~F ~ ~' 1 ~ JUL~O DATE PETITION RECEI~D PROJECT P~ER ~ ~./~~ TO ST F , PETITIONER'S NAME '7"Ae~c4isr-¢ ~. /VV'I(:=~, ~-1", 1 PETITIONER'S ADDRESS ~/~/-~ ,4~o$(,'"~ '%.~'/e ~TF ~- ~/~'~ ~ ~. S~,'~, ~. ~/~ LEG~ DESCRIPTION OF SUBJECT PROPERTY: LOT(S) /7 BLOCK(S) SUBDIVrSION A SECTION / 9 TWP. (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY /~v~e~e EXISTING ~D USE ON SUBJECT PROPERTY ~JACENT ZONING & ~D USE ZONING ~D USE s ~ ~,'~7/,-~.'/7 MINi~ Y~D REQUIREMENTS FOR SUBJECT PROPERTY ~ONT: ~0 / . CORNER LOT: YES (CIRCLE ONE) SIDE: /0 ' WATERFRO~LOT: YES (CIRCLE ONE) NOV 2 4 1998 1 HO0 VER PLANNING Rezonings, PUDs, PDs, Conditional Uses, Special Exceptions, Variances, Traffic/l'ark~t~g/Zoning/Feasibility Studies & Site Plans (in SW Florida) NATURE OF VARIANCE PETITION July 17, 1998 RE: REAR SETBACK VARIANCE LOCATED AT 442 ROSEMEADE LANE, WITltIN THE WYNDEMERE PUD, NAPLES, FL Description of Request The applicant is proposing a variance of 9 feet that would permit thc rear setback for the residential structure to be reduced from 25 feet to 16 feet. The Wyndemere PUD Document permits swimming pools and screen enclosures to i"~ve only a 10 foot rear setback. The proposed rear addition to this home would permit the study area/den to be enlarged adjacent to the screened pool area. The pool enclosure would actually be 6 feet closer to the rear boundary (golf course) than the closest point of the enlarged study area/den. The attached pictures show the rear half& the subject property is heavily wooded and landscaped and neighboring property owners would have no view of the proposed enlarged study area/den. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved. The rear yard of the subject home has golf course frontage and is heavily wooded. If the neighbors abutting to the noah actually found an occasional gap in the heavy landscaping between the 2 homes the home addition would still have to be viewed through the screen enclosure since the home addition would set behind it. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The rear halfofthe subject property is heavily wooded and heavily landscaped. The subject home was constructed 8 .','ears ago and thc petitioners are proposing to do a major remodeling which would bring their home back in line with the higher quality homes of this neighborhood. For instance, the attached plans show a new 3-car garage emerging from this upgrading. Without property owners engaging in periodic remodeling, homes suffer fi'om functional obsolescence which results in a gradual neighborhood decay if left unabated. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Denial of th~ petition would force the petitioner to expand his existing study area/den into the side yard rather than the rear yard. By reducing the current 16.5 foot side yard down to I0 feet it would have a substantially greater impact on the neighboring property owner. Addit ,.,,~h~-;,.~c, interior floor plan would not function nearly as effective as the proposed expansion to ~e re/ff. Y7~_ NOV 2 4 1998 785.4irport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403.8899 · Fax 94.__11~3.:9009~ 4. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure and which promote standards of health, safety or welfare. The applicant's architect has designed the proposed addition so the variance requested of 9 feet is the minimum amount needed in order for the interior floor plan of the study/den to function in a manner commensurate with the quality expected of homes in this neighborhood. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. No, other swimming pools and pool enclosures have aLready been constructed within the 25 rear setback area since the PUD Document permits these within 10 feet ofthe rear property boundary. 6. Will the granting of the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The attached photos demonstrate that the heavy vegetation behind the existing home along both of the subject property's side yards will make the proposed addition not visible to either of the adjoining property owners. The remodeling and enlargement of this home '.,,'ill have a very positive impact on this neighborhood. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of regulation such as natural preserves, lakes, golf course, etc. Yes a golf course abuts the subject property's rear yard which essentially removes the need for the required setback. The Wyndemere PUD Document permits pools and their screen enclosures to be 10 feet from this golf course. The proposed improvements would bring the pool enclosure to 10 feet from the golf course with the study area/den setback an additional 6 feet, or 16 feet from the golf course. 8. Will granting the variance be consistent with the growth management plan. Granting of this variance will be consistent with the growth management plan. Additionally, the proposed variance is easily compatible and complimentary with surrounding land uses as directed in Policy 5.4 ofthe Future Land Use Element. Sincerely. HOOVER PLANNING William L. Hoover, AICP lip File//19:-A20"° /z,e NOV 2 4 1998 Oct 29 98 OB:3?a B. Hoover {941] 403-9009 t~_llard C~. 7~ar,~s Ha ...... ' October 26, 1998 Sandy and Ted Nylese 442 Rosemeade Naples, FI. 34105 To Whom It May Concern: In regard to Petition No. V-98-16, it will not interfer with our pdvacy. Any contact us at our 95 Fairway Dr. further question information, or you may Harrisburg. III. 62946 address. Willard G. Franks Elizabeth Jane Frank EXIIIBIT "A" NEIGHBORS TO THE SOUTH NOV 2, 4. 1998 Oct 29 98 OB:3Ba B. Hoover 1941! 403-9009 p.4 Lucius E. BURCH III ~ /~-- 27- 72 EXHIBIT "B" NEIGHBORS TO THE NORTH PELATiNG TO PETITION NURBEP. ?OR A ........ r ,. "~=:=':~..-. -,~-, the Le~lsiatur~. cf the State of ~!c.r:Oa in Chapter 125, Flcr~da Statutes, has ccnferre~ on ali ccuntles in Florida the power ~t.~n~-.. .s..,~ c~$rdlna~e and enforce zoning and such business regulations are necessary for the prctec%ior, cf ~ pubi'fc; and WHEPEAS, the Csur. ty ~ursuant thereto has adopted a Land ~-~- Cgde nance ,o. 91-102) which establishes regulations %ne zcnlr, g c2 partlcular geographic dlvlslons o~ the County, amon~ ;;HE~EAC, 2ne 5car~. c.' .snln~" ~ A~peais, ue~n~. ~he duly elected ..... '~%~t~ Bear= sf %ne area n.r_=y fecte=, nas held a public near:nu after not:ce as iL Sal~ re~ulatlcns r. age and provided, and has ........... a...=a .... %y .. a 9-fso~ '.'arlance from the required rear .................. on attached plot plan ....... s., in a PU2 Zcr. e ~-- tt.e urcDert'/ nerelnaft~r described, and fsur. z as a ma~t~r ~ fact ~t.a~ ---=~ - -- s= .... a~.~ry provision and arranser, ent .... have t-~n made c:n~--r, lns. .... . all a~pllraLie r.a%~ers required salJ re~ulaticns and in accordance w~th Section 2.7.5 of the Zoning F.e=ulat~sns c' said Land Development Cade · - - .c. the unincorporated area icli~er County; and WHES. EAS, all intereste~ ~artles has'e ~een ~:ven c~portunlty to be hear~ :':' tnis Bcarc in ~'~ilc r...t~n~ asser~ie~,' 'ans ~he Board having c2nsi2er9O ali matters presen%e~; :;OW THEREFORE BE iT -re ........... ~ ..... == =: 7HE BOA~ .~: ZONING APPEALS of Cs'~'er;~. C~un~y, Florida, that: ~-c[~r%y. . - hereinafter descrlbeC as: Sst i-, Rcsemeade at Wyn~emere as rec~r~ed in Plat Book 15, NOV g 4 1998 said ~rcperty :s locate~, subject to the fo!lowlng conditions: .-his variance is for the encroachment depicte~ in Exhibit "A" only. Any other encroachment shall require a new variance. BE iT RESOLVED that this Resolution reiat~ng tc ~etition Nu~er '.'-~%-i{ De reccr~eC In %he r.~nutes cf %h~s 5oarC. ...... a .... mot.o.,, second ant ~.a]or~ty vote. 2she %~.1s ~ay ~. , 199~. 2WIGHT E. ~POCK, Clerk COLLIER ~"' .~,TY, FLORIDA BARBARA 5. BERg'f, Chairman -,oA""';>~I'~ NOV 2 4 1998 ~' I ~.. % .~.,': . -- , ! ,, !t?. I I ' flE~VED I ' JUL 8 0 PLANN;~G EXECUTIVE SUMMARY PETITION NO. PUD-89-6(3), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING ItALSTATT PARTNERSHIP, REQUESTING AN AMENDMENT TO THE GREY OAKS PUD FOR THE PURPOSE OF REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM 1,936 TO 1,136; INCREASING THE NUMBER OF GOLF HOLES FROM 45 TO 54; RELOCATING TItE SITE OF THE APPROVED HOTEL FROM THE NORTItEASI QUADRANT TO 'FILE SOUTHEAST QUADRANT, INCREASING THE ACREAGE DESIGNATED FOR CONSERVATION, LAKES AND WATER MANAGEMENT FROM 180.1 ACRES TO 236.78 ACRES; DELETING THE INTERNAL PROJECT ROAD OVERPA~SS LINKING THE NORTHEAST AND SOUTHEAST PARCELS ACROSS GOLDEN GATE PARKWAY FOR PROPERTY LOCATED IN THE NORTHWEST, NORTHEAST AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECIIONS 24, 25 AND 26, TOWNSHIP 49 SOU/H, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 1.601+ ACRES. (COMPANION TO DOA-98-1) OBJECTIVE: This petition seeks to amend the Grey Oaks PUD for the purpose of revising the land use development strategy For the property at the southeast quadrant of Airport-Pulling Road and Golden Gate Parkway and making certain other revisions to the Grey Oaks PUD. This will be accomplished through a PUD to PUD rezoning action. CONSIDERATIONS: The Grey Oaks PUD is located in three quadrants of Airport-Pulling Road and Golden Gate Parkway (i.e.N.E.. S.E. anti N.W.) The northwest quadrant is in the City of Naples. The N.E. and S.E. quadrants comprises 1.274.4 acres more or less (see location map following page). Purpose and description of land use changes with respect to the Northeast and Southwest quadrants are as follows: (a) Reduction of the number of residential units from 1,936 to 1,136, a decrease of 800 units: (b) An increase in the number of golf holes from 45 to 54 (9 additional holes); (c) a shifting of the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant: O (d) An increase in the amount of acreage designated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres; NOV 2 t4 1998 (e) The deletion of the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway. A review for consistency with all applicable elements of the Growth Management Plan finds for consistency. As noted under the discussion of consistency with the FLUE to the GMP the reduction in density and increase in commercial intensity will overall reduce impacts particularly in the area of traffic generation by 2% to 7%. The Collier County Planning Commission heard this petition on October 1, 1998 and they unanimously recommended approval. No person spoke or otherwise communicated any level of objection to amending the PUD as described by the revised Master Plan and land use revisions contained within the replacement PUD document. : FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for pubic facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTIt MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier Count>' Planning Commission recommends approval of Petition PUD-89-6(3) having the affect of amending the Grey Oaks PUD as described by the Ordinance of Adoption and,~.~a~ - thereto (PUD Document and Master Plan) 2 lOV 2. 1998 RONALD F. NI~'O, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: A PPROV.,~D BY: /.,- VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. I'UD-gg-6~3} EX SUMMARY md --'~'~ "'"'i'"-' ~ ~'~ ":' ": '" :""J · ~'~...~ r i ....... ~,~,-,,~,~ ~ ~ ,ri ~/:,'~ NOV 2 ~ 1998 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CO,MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: AUGUST 31.1998 RE: PETITION NO: PUD-89-6(3). GREY OAKS {COMPANION TO DOA-98-1 ~ OWNER/AGENT: Agent: George L. Vamadoe, P.A. Young. vanAssenderp & Vamadoe. I'.A. 801 Laurel Oak Drive. Suite 300 Naples, Florida 3410S Owner: Halstan Partnership 2640 Golden Gate Parkway. Suite 111 Naples, Florida 34105 REQUESTED ACTION: This petition seeks to amend the Grey Oaks PUD for the purpose of revising the land use development strategy for the property at the southeast quadrant of Airport-Pulling Road and Golden Gate Parkway and making certain other revisions to the Grey Oaks. PUD. This will be accomplished through a PUD to PUD rezoning action. GEOGRAPHIC I,OCATION; The Grey Oaks PUD is located in three quadrants of Airport-Pulling Road and Golden Gate Parkv,'ay (i.e.N.E., S.E. and N.W.}. The northwest quadrant is in the City of Naples. The N.E. and S.E. quadrants comprises i,274.4 acres more or less (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: Purpose and description of land use changes with respect to the Northeast and are as follows: NOV 9. q 1998 {a) Reduction of the number of residential units from 1,936 to 1.136. a decrease of 81')0 units; (b) An increase in the number ofgolfholes from 45 to 5.1. (9 additional holes): (c) A shifting of the site of the approved 250 room hote; from the northeast quadrant to the southeast quadrant; (d) An increase in the amount of acreage designated for conservation'lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres: (e) Thc deletion of the internal project road overpass linking thc northeast and southeast parccls~ across Golden Gate Parkway. SURROUNDING LAND USE AND ZONING: Existing: Substantial dcvclopmcn! has occurred in tile northeast quadrant: No development has occurred in thc southeast quadrant. :' Surrounding: No point is sen'ed by revisiting surrounding land use relationships particularly in light of tile fact that thc revision~ will not alter impacts to adjacent lands from those conditions that are no',,,' allowed bv Grey Oaks development rights. GROWTH MANAGEMENT PLAN CONSISTEN.CY: None of the land use revisions proposed by this amendment will be inconsistent with anv cle~nent of the Collier Count.,,, Growth Management Plan. Specifically with respect to thc following element we find as follows. ' Flue (Land Use and Density) - All of the uses of land. namely, residential dwelling units, golf courses and their accesso~ uses and commercial author/zed uses including the hotel are consistent with the FLUE. In particular, the hotel is consistent by virtue of the provision providing for a master planned activity center. This provision allows the use of land in an activity center to be located generally outside the boundary of the conventional activity center boundary. While tile PUD amendmcnf reflects an increase of I00,000 square feet of commercial floor space it should be appreciated that thi~ change restores the reduction brought about from a prior amendment dealing with a proposed hospital, and a change in allowable height for the hospital.. Residential uses of land are an authorized use of land and therefore, the housing element ofthis PUD is consistent with the FLUE. A golf course and related clubhouse and recreation amenities arc als6 authorized uses of land in the urban residentially designated area. With respect to the n, atter of residential density this petition will result in a reduction o{ the fl~~~ of author/zed dwelling units and therefore remains consistent with the density rating systdm. 2 NOV "2 tl 1998 TraFfic Circulation Elemenl - Based upon an analysis of automobile trip generation and comparing currently approved development authorization with the revised development proposed by this amend,ng petition, a 2% to 7% reduction in trip generation from the original ADA projection can be expected at buildout. Therefore. the proposed land usc modifications and associated trip generation · ,,.'ill not create additional regional impacts beyond those previously identified in thc prior PUD/DRI approval, and therefore remains consistent with the traffic circulation element. Conservation/Open Space Elcmcnl - Approval of this petition will bring about a substantial increase in qualifying open space and conscrvation/v..ater management areas. Specifically areas that qualify for open space .`,.'ill increase by eighty-nine (89) acres representing an increase of nearly t',velvc (12) percent. The open space'conservation elements .`'.'ere deemed consistent when thc Grey Oaks PUD was first approved and in view of the change will remain consistent. Other applicable Elements - These include sewer, water and storm drainage. All development at Grcv Oaks is sen'cd by the County's Sewer and Walcr System through a collection and distribution system throughout tile Grey Oaks PUD as il is developed. 'A master storm water drainage system .`,.'as approved as part of the original approval. This revision does nothinu to chanue stormwatcr management facilities. ' ~ It ISTORIC/ARCtlAEOI.OGICAI. IMPACT' SlaWs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. An application for waiver of an historical and architectural sun'ey .`,,'as filed anc~ appro.`'cd. EVALUATION FOR ENVIRON.MENTAL. TRANSPORTATION AND INFRASTRUCTURE; The subject petition has been rex'iewed by the appropriate staffresponsible for oversight related to tile above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and tile Transportation Sen'ices Department staff. This petition was administratively reviewed on behalf of thc EAB. Recommendations are included in thc Development commitments section of tile PUD that pertain to those jurisdictional staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ANAkYSIS; This is a PUD amendment even though thc process is one of rezoning thc land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience as it avoids the requirement to track amcndme~ns · relationship to the original document in order to understand thc totality of the regt, la tons as 2q 1998 apply to the PUD zoning district. For this reason, staffis of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoncd, the decision to approve the Grey Oaks PUD ,,,.'as based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. As was noted under the discussion ofconsistency with the FLUE to tile GMP the reduction in density and increase in commercial intensity ,.,.'ill o,.'erall actually reduce impacts particularly in the area of traffic generation. ' Additionally this amendment results in substantial contributions to the areas open space en,.'ironment by creating an additional 89 acres of open space as a result of the introduction of an enlarged golf course (i.e. 9 holes to 18 holes) in the S.E. quadrant, and additional lake and consen'ation area. In effect the proposed revision to land usage both decreases impacts on level of seN'ice requirements while increasing tile amount of open space. A full complement of urban infrastructure, community sen'ices and facilities arc available to residents of Grcv Oaks because of its central positio'n within ti~e de,.'eloping urbanized area. Development of the S.E. quadrant which primarily dri,.'es this amendment was approved for a non- golf course residential community, office and retail space obviously in the aggregate a more intensive form of development than the amended plan for a golf course and hotel with residential uses along South Livingston Road as had originally been intended. As a result of certain concerns identified bv the Office of Public Works and commitments to proceed with the development of Livingston Road the opportunity to revise transportation stipulations presented themselves. A satisfactory resolution of those concerns '.'.'ere addressed by the petitioner and amended stipulations were added to this PUD. These included a reimbursement of thc County's costs in negotiating and obtaining approval and releases by the Flor/da Power and Light necessary to fulfill the 120 foot right-of-~vay width requirement for Livingston Road. Amended stipulations also provides for the County and De,,'elopment to explore whether it would be in their individual best interests and mutual advantage for developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interests for de,,'eloper to accept said stormwater for con,.'eyance and water quality, cost sharing or impact fee credits ma)' be used to recompense the developer for costs associated with said conveyance or storage. Master Plarl - Except for the redesign of land in the S.E. quadrant the Master Plan is unchanged from that originally appro,.'ed. The land use strategy is also revised in the S.E. quadrant to reflect a relocation of the commercial and hotel space away from the intersection of Airport and Golden Gate Parkway where it was originally placed. ~ -- Revisions to the PUD document do not afl'ecl development standards as they apply to the various permitted land uses. Revisions reflect the revised land use development stralegy and its affect on acreages assigned to the various uses. One notable exception to land uses that are introduced as a result of this revision is the proposal to add Assisted tlousing as an additional permitted use to areas set aside for residential uses. The intensity formula that will apply is the same as that provided in the Land Development Code. Functionally, Assisted Living Facilities project themselves in the same manner as multi-family housing structures. The maximum building height is for multi-family housing is six (6) stories, otherwise all other housing is limited to two (2) stories. Setback provisions will have no relevancy for the likely proximity of building to Airport Road or Goldcn Gate Parkway inasmuch as all of the land along these corridors will be used for golf course purposes, whereas land along Livingston Road is separated from Ijvingston Road by the FPL easement creating a substantial setback condition. STAFF RECOMMENDATION; That the Collier County Planning Commission recommend approval o£ Petition PUD-89-6(3) having the effect oC amending the Grey Oaks PUD subject to modification of transporlation stipulations as recommended by OCPM. PREPARED BY:~ RO~A1.D F. NINO, AI~P DATE ~RRENT PI.ANNING MANAGER REVIEWED BY: PLAN~'G SERVICES DEPARTMENT DIRECTOR V~CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. NOV ;zq 1998 Petition Number PUD-89-6(3) Staff Report for the October I, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: PUD-89-6(31 STAFF REPORT/Il:Drive/md 6 NOV 2,4 1998 _.....E~.o_... ./f __ PI!TITION Ni~MBER DATE APPLICATION FOR PUBI. IC IiEARING O FOR ' PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLAN~ING SERVICES 1. Name of' Applicant(s) Halslatt Partngrg, hip Applicant's Mailing Address 2640 Golderl (.late Parkway. Suite Cit.,.' Naples State Florida Zip 34108 Applicant's Telephone Number: Bus.: (041.~ 262-2600 Fax: [s the applicant the owner ofthe subject property? X3; Yes ; _ (a) Ifapplicant is a land trust, so indicate and name beneficiaries belays. _ (bi If applicant is corporation other than a public corporation, so indicate and name officers and , major stockholders below. X (c) lfapplicant is a partnership, limited partnership or other business entity, so indicate and name i,.0 principals below. _ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, ifany. ~ _ (e) If applicant is a lessee, attach cop.',' of lease, and indicate actual owners ifnot indicated on the lease. ~ _ (f) If applicant is a contract purchaser, attach cop.,,' of contract, and indicate actual roamer(s) name and address below. Please refer tO Attaehmertt #I (If space is inadequate, attach on separate page.) 2. Name of Agent George I.. Vorllodog Firm Young. ','an As~;enderp. & Vamadoe. P.A. Agents Mailing Address 801 Laurel Oak Drive. Suite 300 (.;it>' N_aplef State Florida Zip.. 34.108 O Telephone Number: Bus.: (941~ 507-2814 Fax: (941) 797-1060 1 NOV 2 q 1998 ,, i 3. PUl) ()RI)INANCF, NAME AND NUMBER: Grev Oaks PUD Ordinance N(). (/7-4,'; 4. I)I.71'AI LF.D I.t!GAI. I)ESCIUP'I'ION OF TI IE I)ROI'I:'RTY COVI!Riil) BY TI II'~ ,\PPI.ICATI()N (if'space is inadequate, attach on separate page. If request involves change to more than one zoning districl, inClude separate legal description for property involved in each district. If property is odd-shaped, submit fi"'e [::0 copies of survey [ I" to 400' scale]). See Attachment 2. THE At't'I.ICANT IS RESPONSIBLF, FOR SUIH'I,YIN(i TIIli CfH~,P,I'~CT I.i:.(b\L DESCRII'TION. IF QI.'FSTIONS ARISE CONCERNING TIlE I.EGAI. DESCRIPTIf)N. AN I:NGINI:I:R S CERTIFICATION SHALL BE REQUIRED. SECTIONS 24, 2~ and 26 TO\k,'NSItiP 49 South . RANGE 25 East please refer to Attachment~..."'~' t. eeal_ Descrimion. of llalstatt Pannershit3. Properties. 5. Address or location of subject property 1601 acres located in tl~c ngahwcst, northeast and souiheast quadrants of Aimorl P, oad and Golden Gate Parkway intersection, ~ 6. Does property owner own contiguous property to the subject properly? lfso. give complele legal description of entire contiguous property. (If space is inadequate, attach on separate pagc~. Ye:;: see Attachment 3 { 7. TYPE OF AMENDMENT: i X A. PUD Document Language Amendment X B. PUD Master Plan Amendment ~ X C. Development Order Language Ame:~dment 8. DOES AMENDMENT COMPLY \VITtt THE COMPREttENSIVE PLAN' XX Yes__ No If no. explain: 9. }lAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY \VlTHIN THE LAST YEAR? IF SO. IN \VttOSE N:\ME? Barbara Cavdey. representing Grey Oaks Development Corporation PETITION #: t'UD-g9-0(2) DA'FE: Scptcmber. 16. 1997 10. ItAS ANY POR'FION OF THE PUD BEEN SOl,I) AND/OP, ,XX DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. XX No. IF YES. DESCRIBE: {ATTACtt ADDITIONAl. SltEETS IF NECESSARY). I)cvchppment is Occurring in the northeast quadrant, as approved under the existing PUD and DO .. ! 2 I, OV t AFFIDAVIT I. J~liet (,.7, Sproul being first dui.',' sworn, depose and say that I am thc owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this pplication. and all sketches, data and other supplemcnlaD' matter auached to and made a part of this application. re honest and tree to the best of my knowledge and belief, i understand this application must be completed and accurate before a hearing can be advertised. I further designate and pem~it Young. van Assenderp & Vamadoe, P.A.. and George L. Vamadoe to act as my representative in any matters regarding this Petition. NOTE: SIGNATURES OF Al.I. OglERS ARE MANDATORY. ~jN~T~RE ()F QW~:I~,.~,n fittorney-in-~ net and fidmini.,trntive aqent, ret?ortmo m O.R. Book 171~, Paqe 221~, of the Put, lie Rec~,rdn ~ff Collier County, F lorida State of Florida County of Collier SWORN TO AND SUBSCRIBED BEFORE ME TIIIS /t~,,~ I)AY OF llX~:k~,~..~ ~~~'-'n} . Public ~u 8~ ~'SE..Xl,) My Commission expires: I*~.p6i grcsoak~ pudamend Attachment 1 PROPERTY OWNERSHIP The subject property is currently owned by the Hatstatt Partnership which is composed of: Lloyd G. Hendry, Harold S. Lynton and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Trustees of the Edith Collier Sprout Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 1, 1982, Harold S. Lynton, Katherine G. Sproul and Juliet C. Sproul, as Trustees for Juliet C. Sproul under the will of Barton Collier, Jr., deceased, and as conformed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probated No. 76-33, of the Probate Records of Collier County, Florida. NOV 2,.-, 1998 Attachment 2 HALSTATT PARTNERSHIP PROPERTIES Legal Description Ail that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly cf that 100 foot canal right-of-way as described in O.R. Book 154, page 6, Public Records of Collier county, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that I00 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands as described in O.R. Bock 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida; ALSO All that part of Section 26, Township 49 South, Rance 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C- 31) and northerly of Golden Gate Parkway (C-886); LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1601.39 net acres more or less. NOV' 2..q 1998 Attachment 3 POINCIANA PROFESSIONAL PARK LEGAb DESCRIPTION - ALL PHASE_S_ All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southeast corner of said Section 26; thence South 89° 18' 30" West along the southerly line of said Section 26, a distance of 50.01 feet to an intersection with the westerly right-of-way line of County Road C-31 (Airport Road); thence North 0° 06' 58" East along said westerly right-of-way line a distance of 1.558.76 feet. to .the Point of Beginning of the parcel herein being described: thence continue North 0° 06' 58" East along said westerly right-of-way line 534.46 feet to a beginning of a circular curve concave southwesterly having a radius of 25 feet and a central angle of 90° 56' 04"; thence northerly, northwesterly, and westerly along the arc of said circular curve an arc distance of 39.68 feet to a point on the southerly right-of-way line of County Road C-886 (Golden Gate Parkway); thence South 89° 11' 27" West along said southerly O right-of-way line 1094.59 f~et; thence South 0° 06' 58" West 408.63 feet; thence North ~o 11' 27" East 1008.99 feet; thence South 06" 58" West 66.45 feet to the beginning of a circular curve concave northeasterly h~ving a radius of 69.00 feet and a central angle of 89~ 59' 48"; Thence southerly, southeasterly, and easterly along the arc of said circular curve an arc distance of 108.38 feet~ thence South 89° 53' 02" East 14.00 feet to the beginning of a circular curve, concave southwesterly, having a radius of 35.00 feet and a central angle of 53° 08 ' 18"; thence easterly and southeasterly along, the arc of said circular curve an arc distance of 32.46 feet to a point of cusp, said point being a point on the westerly right-of-way line of County Road C-31 (Airport Road) and said point of cusp being the Point of Beginning of 'the Parcel herein described; containing 10.83 acres of land, more or less. NOV -,.L' ~ 199~J L__.o; ,"? , I 2 9 AFEA C~ CCLLiER 12 9526N ~'.' CHANGi~:G .sa ~ ..... = ~LASSiFiCAT .... K,'~O~,,, AS GPE':' 'iAES, FCP .... . THE :;ORTHWES7 17 ~U ....... ' ...... zz~.~., AND SCUTHEAST I~ ~,D GCLSE:: iATE PAPS'WA':' 'i.P. ;;~ , '" 20 P~:;GE 2 ~ CONSiSTiNG CF '6~i- ATRE2; 12 THE REPEAL F ,.~.~,,~.~,_= N'.~:.:EEP ~ -,,,% Ar 2a A~ ..... ~E~, THE FORME~ PRO'/iZi::G At; EFFESTi','E SATE. 26 27 WHEREAS, J~Crc~ ' '.'art. au-,. zf ':'%~n~, '.'ar. Ass~r,~,--~ & Varnadoe, 2S F.A., reuresent;n= Halstatt ~'artnersniu L'-''t:sned the Board of County 29 C;rr.;ssicners t; cnan2e the 25.tlnT i~;ee-~lratlcn sf the herein described 30 reel F. rc~ertl..: 31 NOW '~:=:== ....... ......... ~'= == -- CRSAi:~E2 5Y 7HE 55A52 C? COUNTY COMMISSIONERS OF 32 C~,~=R COUNTY, FLORIDA; 33 SECT/ON O 34 The Zoning Classiflcatlon of the nere=n ~escrlbed real property 35 located =n Sectl~ns 24, 25 an~ 26 , Tswnsnl9 49 South, Range 25 East, 36 Cciil~ ~u .... to "PUS" Planned Unit 37 De';eicpr. enl in accordance wltt the PUD Zccument, attached hereto as ~x..,~.u "A", WP~iSL iS incorporates r. ereir, ar.u by reference made part 39 hereof. 7he Offlrla' Zcnlng Atlas Ha~s nur~ered 9524N, 9524S, 9525N, ~0 9:~:c ar~ ...... a6N, as OescrlDed in Ordinance Number 91-102, the Collier ~1 Csur.~y lan~ L~..~'~--~-. Cc:e, ..... ~ ....... a _ t. ereay amen=ed accor=in~ly. ~2 SECUi .... ~ ',',C: Ordinance ::cr. ter 9~-45, as ~r. er.~e~, known as ~ne Grey Oaks PUD, 44 accFteu on Sep~er~Der 16, 2997, tzy the 5sar~ cf County Cc~missioners of 4~ Collier ~;'E'" I NOV 24 1998 I £E?.7:0:; THF~E: ' This Or~:nar, c~ shall t__c .... ~''e ..... ~ ...... - ..... w=th th~ 3 Department ~f State. PASSED AN5 DULY ADOPTE2 ~}, tr.e 5~ar~ :f C:un~7 ~c=r,~ss~oners cf 5 Collier ~u ..... ~, Florida, this -- =a'y :f , !998. 7 ATTEST: BgAP2 C,F ~ ....... COMMISSIONERS ~ D~,.=n. E. BPOCY, Clerk ~0 BY: 14 BARBAPA B. BERRY, Chairman 15 Ap[.rs'.,ed as ts Form an~ 16 Lesal "" ~ ~ 20 Mar:c,~:e M. 2ruben% 22 23 2~ NOV PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: GEORGE VARNADOE, ESQUIRE YOUNG, VAN ASSENDERP AND VARNADOE 801 Laurel Oak Drive Naples, Florida 34108 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED BY ORDINANCE AMENDED BY ORDINANCE 1998 INDEX PAGE List of Maps, Exhibits, and Tables ii Statement of Compliance and Short Title iii SECTION I Property Ownership and Legal Description I-I SECTION II Project Development 2-I SECTION III Residential 3-I SECIION IV Golf Course/Recreation/Park/Right.of. Way 4-1 SECTION V Conservation/Open Space 5-1 SECTION VI Commercial 6-I SECTION VII General Development Commitments 7-1 NOV 2. q. 1998 LIST OF MAPS AND TABLES Location Map MAPS PUD Master Plan TABLES TABLE I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE Ill Development Standards STATEMENT OF COMPLIANCE It is the intent of the ltalstatt Pannership, A Florida General Partnership to create a Planned Unit Development (PUD) to be known as Grey Oaks Planned Unit Development. on 1.601.39 acres of land located in Section 24, and 25, Township 49 South. Range 25 East, Collier County, Florida. and Section 26. Township 49 South. Range 25 East, City of Naples. Florida. The residential, recreational and commercial facilities ofTHE ItALSTATT DRI.rPU D are consistent with the growfl~ policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier Count.,,' for the following reasons: I ) The subject property is located within the Cit.,,' and Count.,,' Urban sen'ice areas and there arc adequate available conlmunity facilities and services to support the proposed residential density and commercial intensity. The City of Naples made a determination that the part of Grey Oaks in thc City is consistent with the goals, objectives and policies ofthe Comprehensive Plan and land development regulations adopted by the Cit.','. 3) \Vith regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to thc surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. c) The project development will result in an efficient and economical extension ofcommuni~' facilities and sen'ices as required by Policies 3.1.H. and 3.1.L. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density ofless than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. f) The subject project occupies the northwest, southeast and northeast quadrants ofthe ActMty Center located at the intersection of Airpon and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currently owned by the Halstatt Partnership which is composed of: Lloyd G. Hendr5', Harold S. Lynton and F. dith Collier Sproul, (aYk/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 1. 1982, Harold S. Lynton, Lamar Gable and Juliet C. Sproul. as Trustees for Juliet C. Sproul under the will of Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982, and filed June 15. 1982. in Probate No. 76-33, ol:the Probate Records of Collier County. Florida. 1.02 I.EGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East. Collier County, Florida, lying easterly of that 100 foot canal fight-of-way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that Part ofSection 25, Tovmship 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all ofthe Public Records of Collier Count).', Florida: LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.R. Book 465, page 278, Public Records of Collier County. Florida: ' ALSO LESS those lands as described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier Count3', Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East. Collier County, Florida, lying westerly of Airport-Pulling Road (C-3 I) and northerly of Golden Gate Parkway (C-886) located within the City of Naples: LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions ofrecord; containing 1,601.39 net acres more or less. SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose ofthis Section is to generally describe the plan ofthe development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed usc residential development and golfcourse community with a "town center", and other retail and office development located in Collier County. Th~ property is generally located in the northwest, northeast and southeast quadrants'of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on Ibc cast by Livingston Road; on the south by the Golden Gate Canal: on the ,,','est by tile Gordon River Watershed; and on the north by tile Coach ltousc Land Residential Properties in thc ,.,.'est quadrant, and thc World Tennis Center in tile northeast quadrant. Thc northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1.601 acres. The remainder ofthe property is located in tile unincorporated area of Collier County. The project is ora size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06. Florida Statutes (1988). Because the City and Count,,,' recognize that the project has been planned and ,.,,'ill be developed as a unified integrated community, the City and Count.,,' have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned dex'elopment and issuing a Dex;elopmcnt Order pursuant to ~ection 380.06, Florida Statutes and for adopting thc zoning (PUD Ordinance) for the entire project, including that portion that lies within the City of Naples. In furtherance ofthe goal ofhaving one entity review the proposed project and adopt a zoning ordinance (.PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier Count,,,, have entered into an "INTERLOCAL GOVERNMENT AGI3,EEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City and provides that the Cit,,.' agrees to accept and adopt (if appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the Counts' to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. 2-1 I t r4ov2.~,F,: 1998 ; The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1.601 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Halstatt DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved b5 Collier Count>' be in effect and remain in effect for the entirety ofthc project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of thc intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated; The arrangement of these land usc types is shown on Map lt. Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golfcourse layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of' permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project, the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and total assigned for the pending approval, in order to facilitate thc County's monitoring of the project. iq0v ;: ~: 1998 2.04 PROJECT DENSITY The total acreage of Grcy Oaks Planned Unit Development is approximately 1.601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,900. The number of dwelling units per gross acre is approximately i.2. The density on individual parcels of land throughout the project will vaD' according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1,900. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCltEDULED The developer will commence the project within thc northeast quadrant. Within each quadrant, the amount and location of each subsequent development area will be diclated by logical and economical development constraints and by market demand. Table Il indicates, by project ,,.'ear, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2.07 EASEMENTS FOR UTILITIES All necessary casements, dedications, or other instruments shall be granted to insure thc continued operation and maintenance of all sen'ice utilities in substantial compliance with applicable regulations in effect at the time ofdevelopment. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow thc design and development standards ofthe Collier Count>' Ordinances regulating subdivisions in effect at tile time ofdevelopment; and shall be reviewed and approved in accordance with tile procedures set forth by the City of Naples for that portion of the project within the Cit.',', and the standards and procedures set forth by Collier County for that portion of the project under Count>' jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, bu tot allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 2-3 ,:. h' 1998 Approval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. 2.09 LAKE SITING As depicted on thc PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum usc of the land. provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly', the requirements described in Ordinance 88-26. Section SA. 8B and 8C, may be reduced subject to thc approval of the Count>' Engineer at the time of Subdivision and/or Exca,`'ation pem~it apprc,.'~,l. Fill material from lakes is planned to be utilized within thc project. however excess fill material, not to exceed 10% or maximum 20.000 cubic yards may be utilized off-site, subject to thc provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20.000 cubic yards must meet the requirements ora commercial excavation per Ordinance 88-26. Final lake area determination shall be in accordance with the South Florida Water' Management District stormwater criteria and Ordinance 88-26. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, i capacity, and design. Developer shall create appropriate homeov,'ner and/or condominium associations or identiff' other entities which ,,,.'ill be responsible for maintaining the roads. streets, drainage, water and sewer improvements ,`,,'here such systems are not dedicated to the Count.,,' or City. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. 2.1 I SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 3.3 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in said Section 3.3 prior to the issuance of a building permit or other development order. Approval ofcommercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEl. UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a. Models may be constructed prior to approval ora plat. b. Models may be permitted as "dr3' models" and must obtain a conditional certificate of occupancy for model purposes only. Models ma.,,' not be pem'mncntly occupied until a permanent certificate of occupancy is issued. c. Models may not be utilized as "sales offices" without approval by and through thc Site Development Plan process. The SDP process shall not be required for dr)' models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages. setbacks, and the like as set forth herein. c. Temporary access and utility easements ma)' bc provided in lieu ofdedicatcd right- of-ways for temporary sen'ice to model homes or units. f. Sales. marketing, and administrative functions arc permitted to occur in designated model homes or units vdthin the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part ofthe project within City jurisdiction, and Collier Count)' regulations for that part of the project within Count.,,' jurisdiction. Thc standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or Count)' jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a. "Sales Centers" may be constructed prior to recording ora plat. "Sales Centers" ma)' be serviced by a temporary utility system (i.e. dr), well and septic tank/drainfield) 2-5 l- ,~t,.a,~wv - I NOV2'4 1998 prior to availability of central utility systems at which time connection to the central system ,.,,'ill be made. Interim fire protection facilities, in accordance v,'ith NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. b. Review and approval of"Sales Centers" shall follow the requirements of the Site Development Plan process (Zoning Ordinance Section 3.3) or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the enlire development. c. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" ma.,,' not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. 1998 THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier Count)') Residential (1936 units) 310.9+ Commercial/Office (956,091 S.F.G.L.A.) 90.4+ Golf Course/Recreation/Park/Right-of-Way 609.32+ Conserx'ation/Lake/Water Management 236.78.~ Sub-'l'otal 1.247.4 Northwest Quadrant (Cit.,,' of Naples) Residential (764 units) 122.0-+- Commercial/Office (347,000 S.F.G.L.A.) 30.0-* Golf Course/Recreation/Par-k/Right-of-Way i 15.4.e.= Conservation/Lake/Water Management 86.6+ Sub-Total 354.0 Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial/office square footage of 956,091 S.F. G.L,A. ! I qov zq ! THE GREY OAKS PUD TABLE 1I PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989 - 1995) Land Use No. ttotel Square Desi~.nation Units Rooms Feet (GLA) Residential 94 Commercial and Office 0 Hotel 0 Golf Course" 1 * Golf Course = 18 holes with phased club facilities PROJECT YEAR 7-13 (1996 - 2001) CUMULATIVE Land Use No. Hotel Square Desi~.nation Units Rooms Feet (GLA) Residential 963 Commercial and Office 500,000 ltotel 250 Golf Course * 3 * Golf Course = 54 holes with phased club facilities (Second golf course may be constructed prior to project :,'ear 7, and ma:,' be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) i40v ,74 199 TABLE II (Cont'd) PROJECT ABSORPTION SCI IEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Land Use Residential 1900 Commercial and Office 1,303,091 ttotel 250 Golf Course * 4 * Golf Course = 72 holes with full club facilities (3rd golf course ma>' be constructed after >'ear 14, and ma>' be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) Project >'ears shall be adjusted to correspond with the commencement of development. The above development program outlines multi-use categories which will be assigned to the various development pods shoxvn on Map H. These land use categories will allow for a true mixed use development to occur and allow the "Developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout ofthe residential, tov,'n center and the majority ofthe office and commercial ma>' occur in the first 12 2,'ears. NOV 2. ~ 1998 ~ ~ ...................... ~11111 I IIIIIII'--' SECTION III ~ RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H, Planned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,900 dwelling units may be constructed on lands designated as "R" or Residential. The 25± acre parcel designated "R" on the PUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a Floor-to-Area Ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to: accommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution ofthe residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTLH~S 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, towahouses, multi-family dwellings, neighborhood recreational facilities, churches and other places of worship, and assisted living facilities. 2) Water management facilities; essential services (in accordance with Section 2.6.9 of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health t.,'aHs, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 4) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Sen'ices Manager or the City Community Development Director determines to be compatible in the district. 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Essential sen'ices and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which thc Collier Count>' Planning Sen'ices Manger or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table Ill sets forth the development standards for land uses within thc "R" Residential District. Site development standards for categor>' 1,2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is sen'ed by a City or County dedicated public right-of-way, setback is measured from the existing right-of-way line. 2)If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category I only) front setbacks shall be measured from the public or private road right-of-way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits arc requested unless otherv,'ise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 3-2 i ~,~OV ?.~- '1998 Development standards for residential uses not specifically set forth in Table Ill shall be established during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) One story single family structure: Principal - 25' Accessory - 15' (b) One story multi-family or two story structure: Principal - 50' Accessory - 50' (c) Two story structure greater than 30' in height: Principal - 75' Accessory- 75' (d) Three story structure: Principal - 175' Accessory - 175' (e) Four story structure: Principal - 400' Accessory - 400' (0 Vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). (g) A I$' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. (h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. 3-3 A NOV 24 1998 (i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. *Two story setback is measured to the second stor)' portion of the structure. One slot)' portion is to be measured as a one story structure, if it is a single family structure. 3-4 NOV Z~/1998 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CLUSTER. FAMILY FAMILY ATTACItED/ MULTI-FAMILY DETACHED DETACHED OR DUPLEX TO\X,~ ItOUSE VILLAS CATEGORY I *4 2 *4 3 *4 4 *4 5 *4 *5 MINIMUM SITE 9000 5000 3500 1 AC 2500 AREA S F/Lot S F/Lot S F/Lot SITE WIDTH 75' 50' 35' 150' 16' MIN. AVG. SITE DEPTH 120' 100' 100' 150' N/A MIN. AVG. FRONT YARD 25' 20' 20'*I 20' P 0' SETBACK SIDE YARD 7.5' 5' 0 or a 20' P SETBACK minimum 0' GC O' of 5' REAR YARD 20'P 15'P 15'P 20'P 10' P SETBACK PRIN- CIPAL I0' GC 10' GC I0' GC 0' GC 0' GC REAR YARD 10'P 10'P 10'P I0' P 10' P SETBACK ACSRY. 0' GC 0' GC 0' GC 0' GC 0' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 '2 2 DIST. BETWEEN PRINCIPAL STR. 15' 10' 0' or 5' 15' '3 - I stow' 7' 25' *3 - 2-3 story 30' *3 - 4 stories & higher FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. 3-5 - ,,~~ 1998 SITE WI DT! I: The average distance between straight lines connecting front and rear parcel lines at each side of the osite, measured as straight lines between the foremost points of the side parcel lines in the front (at lhe point ofthe intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with tile rear parcel line). May be reduced on cul-de-sac lots. P. Perimeter of Internal Sites GC -- Golf Course, or Lake Front Sites * 1 This setback ma,',' be reduced to 12' for side entry garage *2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. *3 or 1/2 tile sum of the adjacent buildings, whichever is greater. *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished as per Section 2.7.3.5 ortho Collier County Land Development Code. *5 In the context here used "villas" means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. 3-6 NOV 1998 SECTION IV GOLF COURSF. JRECREATION/PARK/RIGttT-OF-WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map It Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part for other than the following: A. Permitted Principal Uses and Structures 1 ) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential sen'ices (in accordance with Section 2.6.9 of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwal 'ks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, right-of-ways, and open space. Subject to approval of the persons or entities in whose favor the easement or right, of-way runs. 7) Project Information and Sales Center 8) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. NOV :,~ ,-ti 1998 B. Permitted Accessory Uses and Structures Accessory. uses customarily associated with thc principal uses pcrmitled in this district including but not limited to: I) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including n'mintenanc~: area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities. subject to the provisions of the applicable supplementary district regulations of the Zoning Ordinance of Collier County. 3) Vehicle ,.','ash facility. 4.03 DEVELOPMENT STANDARDS I) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location ofaccess streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum often (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height ofstructures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - ! and 2 story buildings that are a part of an architecturally unified grouping of structures. ' Ten (I 0') feet - I story. Twenty (20') feet - 2 story. 4-2 ,~GE NDA ITEM -- NOV 2,4 1998 5) Setback for str~ctures from parcel boundaries abutting residential areas: Twenty (20') feet'- principal structures. Ten (10') feet - accessory' structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet ofgross floor area. which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherxvise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 20' landscape buffer shall be provided along Golden Gate Parkway within the northwest quadrant adjacent to the golf course corridor. SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: 1 ) Passive recreational areas, boardwalks, observation platfom~s. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadv,'ay crossings and utility crossings. 4) Lighting and signage. O 5) An3' other activity or use which is in comparable nature with the foregoing USCS and which the Collier County Planning Sen'ices Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, shall be erected, altered or used. or land or water used, in whole or in part, for other than the following: 1) Parks. passive recreational areas, boardwalks, observation platforms. 2) Biking. hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equestrian paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5-1 i NOV 1998 5) Recreational shelters, active park facilities, and restrooms, offstreet parking, lighting and signage. 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS I) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulator3.' or jurisdictional agency prior to lhe commencement ofany such activity. 3) The County may request copies of permits from ali appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jurisdictional agencies review and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are ~o be in accordance with Collier County Zoning and: Signage regulations in effect at the time permits are requested unless otherwise specified herein. NOV 2.~-{ 1998 SECTION VI COMMERCIAL 6.01 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Map H PUD Master Plan, as"C" Commercial "O/C" Office Commercial, "CHi" Commercial Hotel, "O" Office, and "Town Center". These are areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier Count.,,' Zoning Ordinance. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: I ) Permitted Principal Uses and Structures for C. O'C. C/t I. and Town Center Tracls: (a) Antique shops: appliance stores: art studios; art suppl.,,' shops; automobile parts stores: automobile seryice stations without repairs (See Section 2.6.2g)* 1; awning shops. (b) Baker3.' shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and sen'ices; blueprint shops: bookbinder; book stores; business machine services; business offices, building maintenance services and building supplies. (c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and installation; car wash; child care centers; churches and other places of worship (See Section 2.6.10)'I; clothing stores: cocktail lounges (See Section 2.6.10)*1; commercial schools; confectioner>' and candy stores, concessions and vendors: civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes: computer sales and services*2. (d) Delicatessens; department stores: drug stores: dp..' cleaning, collecting and deliver>'; dr>' goods stores; draper>' shops; department stores. (e) Electrical supply stores; express office: employment agencies: equipment rentals repair and sales including lawn mowers and power saws. t NOV (f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 2.6.10)*I; food markets; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards*2; girl shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. (i) Icc cream stores, indoor commercial recreation, interior decorating showrooms. (.j) Jewelry stores. (k) Laundries; laboratories, film research and testing: leather goods; luggage stores; linen supply shops; lithograph: laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (1) Markets - food; markets - meat: medical offices and clinics: millinery shops; motion picture theaters; museums; music stores: mortgage brokers. (m) New car dealerships - outside display permitted: news stores; night clubs*2 (See Section 2.6.10)'1; (n) Office- general - business, and professional; office supply stores. (o) Paint and ,.,,'all paper stores; post offices; pet shops; photographic equipment stores; potteD' stores*2; printing*2: publishing and mimeograph service shops*2: private clubs*2 (See Section 2.6.10)'1; plumbing shops and supplies. (p) Radio, television and appliance sales and sen'ices: radio stations (offices and studios), and auxiliary transmitters and receiving equipments, but not principal transmission to~,,,er; research design and development: real estate offices; rest homes: restaurants -including drive-in or fast food restaurants and full sen'ice (Sec Section 2.6.10)*1; retail sales of used goods; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (q) Small scale retail sales other than shopping centers; shoe sales and repair: shopping centers (See Section 3.3)*1; souvenir stores; stationer>.' stores; supermarkets; sanatoriums; and interim sev,'age treatment plant*2. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops: transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) Watch and precision instrument sales and repair shops. (u) Any other commercial use or professional sen'ice which is comparable in nature with the foregoing uses and which tile Collier Count> Planning Services Manager or tile City Community Development Director determines to be compatible in tile district. (v) Any other commercial uses set forth in the Cit.,,' of Naples l)cvclopment Agreement. 2) Permitted Uses and Structures for "O" (Off]cc) Tracts: O (a) Art Studios (b) Banks and financial institutions, including drive-in v,'indows: book stores: business offices. (c) Child care centers: churches and other places of worship (see Section 2.6.10); commercial schools; cMc and cultural facilities: colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs ('See Section 2.6.10)* 1. (f) tlomes for the aged: hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. ;: 6-3 NO I 1998 (i) Office - general - business, and professional; office supply stores. 0) Private clubs*2 (See Section 2.6.10). (k) Radio stations (offices and studios, and auxiliaD' transmitters and receiving equipment, but not principal transmission tower): research design and development; real estate offices; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (I) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) An)' other commercial use or professional scwice which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or thc City Community Development Director determines to be compatible in the district. 3) Permitted Acccsso~' Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence (See Section 2.6.16)*. 6.03 Development Standards 1) Minimum Lot Area: Ten thousand (I0,000) square feet. 2) Minimum Lot width: One hundred feet (100'). 3) Minimum Setback Requirements (Internal): fa) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum offive feet (5') with unobstructed passage from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback-Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (10'). NOV,'~' ' 1998. "I 4) Minimum setbacks and buffers from external right-of-ways: (a) Golden Gate Parkway - Fifty foot (50') setback. Twenty tbot (20') landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every one foot (1') of building height: twenty foot (20') landscape buffer. 5) Maximum lteight: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (I,000) square feet per building on thc ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures arc permitted to have a minimum structure of twenty.five (25) square feet, and are not bound by setback requirements. 7) Maximum Floor Area Ratio (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Project total 649,638 GLFA Office: .35 Project total 653,453 Gross Floor .,',,rca 8) Maximum Density of Hotel, Motel and Transient Lodging Facilities: 30 rooms per acre. 9) Distance Between Structures: Same as for side yard setback. 10) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time pern~its are requested unless othe~'ise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 11 ) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. 12) The public internal loop road in the Northeast quadrant shall be constructed in accordance with Collier County standards. * 1 These section references are from the Collier County Land Development Code. *2 Northeast and Southeast quadrants only. 6-5 ,.~c~ NOV ~'.J 1998 SECTION VII GENEP~L DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 P.U.D. MASTER PLAN 1) The P.U.D. Master Plan - Map H is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design ma)' satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessa~' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sen'ice utilities. 3) Site design changes shall be permitted sUbject to Collier County and/or Cit.',' of Naples staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties abutting thc Grey Oaks PUD. 7.0.3 ENVIRONMENTAL 1 ) Petitioner shall be subject to Collier Count)' Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7 Ordinance No. 82-2 as amended by Ordinance No. 89-49 and Ordinance No. 75-21 as amended by Ordinance No. 89-58. The 25% shall be monitored at each site clearing plan submittal. The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In an)' phase of development where credit toward the 25% is needed the petitioner shall delineate on the site clearing plan thc percentage ofviable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The 1' ~40V Zq 1998 existing locations as well as the transplantation locations, if warranted, shall be O identified on the site clearing plan for each phase of construction. 4) The petitioner must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at the satellite facilities, ltowevcr. petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. 5) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Development of Grey Oaks shall proceed in accordance with the contents of this document, PUD-Planned Unit Development District. applicable sections of the Growth Management Plan and the regulations in tile Collier County Land Develop- merit Code in effect at the time of issuance of any development orders to which said regulations relate governing the perniitting and construction of improvements, such as but not limited to Final SubdMsion Plat, Final Site Development Plan. Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then tile provisions of the most similar district in the County Land Development Code shall apply. 7) Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as lhe U.S. Army Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. 8) All consen'ation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's home owners' association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. 9) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site. with emphasis on conserx'ation/presen'ation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 7-2 10) Petitioner shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommendations ofthe U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.04 WATER MANAGEMENT 1) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with thc Rules of the South Florida Watcr Management District, (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3) An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD Rules. Several of the lakes proposed do not meet the minimum setback rcquirements of Ordinance 88-26. The master plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County Ordinances. 5) This project is recommended for approval for rezoning and DRI purposes only. Detailed site drainage plans of each drainage sub-basin shall be submitted to the Environmental Advisory Board, or its successor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub-basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. 7) A copy of the South Florida Water Management District Conceptual Permit or O favorable staff report shall be required prior to Subdivision Master Plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation from Florida Power and Light allowing use oftheir right-of-way for the purposes of water management shall be provided prior to Subdivision Master Plan approval. 10) This approval does not constitute agreement by the Count>' to an>' control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION 1 ) The developer shall provide appropriate left and/or right turn lanes on Airport Road. Golden Gate Park,`vay and LMngston Road at all project accesses. 2) Thc developer shall provide arterial level street lighting at all project accesses. 3) The developer shall provide a fair share contribution tov,'ard the capital cost oftraffic signals, including interconnection where applicable, at an.,,' project access ,,,,'hen deemed warranted by thc Count.','. The signals ,,,.'ill be owned, operated and maintained by Collier Count.,,'. 4) LMngston Road Right-of-\Vay Dedication: a) The developer shall dedicate sufficient right-of-v,'ay north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pa)'. or ma>' utilizel ''') [4~ reduction of existing impact fee credits in the amount of $ 30.000 in full '~ satisfaction of the developer's obligation to rcimbursc the Count>' for the County's costs in negotiating and obtaining an)' approval and releases by Florida Power and Light necessary to fulfill the 120 foot right-of-way width requirement. b) The developer shall dedicate 50' feet or road right-of-way south of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway. the developer shall 7-4 dedicate an additional 50 feet in width immediately west of thc aforementioned right-of-v,'ay. Said additional 50 feet in width may be in thc form of a 25 foot wide road right-of-way dedication and a 25 foot ,,vide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in thc north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right-of-way. Said additional property shall, to thc extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikcpath usc. The "easements" (,'u opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. The land to be dedicated by thc developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a Stipulated Order of Taking. dated July 24. 1998. entered in Collier County'3 Circuit Court Case No. 98-1635 CA. The developer and County agree that/,, tile developer shall be cntitle~d to impact fcc credits for the ~.891 acres(,. comprising parcels 137 and 9.~7 at the rate of $85.000 per acre for a total.,) credit of $330,735 for this additional land dedication. c.) The requirement in Grey Oaks DRI Development Order 90-3 at paragraph-~ 5.c.(iv) that the applicant build Livingston Road from Golden Gate Parkway] south to the beginning of the northern approach to tile bridge over the Golden. ~' Gate Canal (based upon the cost of a two-lane rural roadway) shall be fully ~ satisfied by the reduction of existing or future impact fee credits, in the.j amount of One Hundred Eighty-Five Thousand Dollars ($ ! 85.000). 5) The developer shali dedicate 40 feel of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. 6) The developer shall dedicate 40' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road within tbur (4) months of a ~Titten request from thc Count>'. 7) Collier Count>' reser,,'cs the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run-offin thc lake system. 8) The developer shall dedicate sufficient righl-of-v.'ay at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. 9) All traffic control devices used, excluding street name signs, shall conform with thc O Manual on Uniform Traffic Control Devices as required bv Chapter 316.0747. Florida Statutes. ' I 0) I fCollier County adopts a proportionate share or arcawide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for right- of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with Count>' roads shall be as set forth in Exhibit D to the ltalstatt DRI/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier Count>' pursuant to thc Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-14. amending Ordinance 85-55. 13) 'l"he developer recognizes that when the County expands Golden Gate Parkway to a six-lane configuration, thc Count>' will be desirous of assistance in conveyance of the additional storm water discharge from Golden Gate Parkway to the Golden Gate Canal. Count>' and Developer agree to explore whether it' would be in their indMdual best interests and mutual advantage for developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interests for developer to accept said stormwater for conveyance and water quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. 7.06 UTILITIES I ) The water distribution system and appurtenant facilities to sen'e the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to scn, e thc portions of the project on the west side of Airport Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions ortho project lying on the east side of Airport Road shall be as follows, unless a sen, ice area modilication is approved r~o~ 2'4 '/998 between the City of Naples and the Collier Count>' Water-Sewer District prior to the submission ofsubdivision master plan applications to Collier Count)' for thc project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the potions ofthe project on the east side of Airport Road are to be designed, constructed, conveyed, o,..,'ned and maintained in accordance with Collier County Ordinance No. 88-76. as amended, and other applicable County rules and regulations. b) All customers connecting to the sewage collection facilities to be constructed will be customers of the Count)' and ,,,,'ill be billed by the County in accordance with the County's established rates. Should the Count,,' not be in a position to provide sewer sen'ice to the project, the sewer customers shall be customers of the interim utility established to serve the project until thc County's off-site ,.vater and/or scv,'cr facilities arc available to scn'c thc project. c) it is anticipated that the Count>' Utilities Division .,,,'ill ultimately receive and treat the sewage generated by this project. Should the Count.,,' system not be in a position to receive the project's wastewatcr, at the time development commences (that generates wastewater), the Developer. at his expense .,','ill install and operate interim on-site sev.'age treatment and disposal facilities adequate to meet all requirements of the appropriate regulatoD' agencies. An agreement shall be entered into between the County and thc Developer, his assigns or successors regarding an,',' interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with thc requirements of Collier Count',' Ordinance No., 88-76. as amended. - d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which ,.','ill ultimately connect the project to the future central sexverage facilities of the District in the Airport Road rights-of-way. The force main must be extended from the main on-site pump station site to the east right-of- ,.va)' line of Airport Road and capped. It must be interconnected to the pump station wilh appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. e) Prior to the approval ofconstruction documents that provide for development that generates wastewater by the County. the Developer must present verification, pursuant to Chapter 367, Florida Statutes. that the Florida Public 7-7 IIIII Service Commission has granted territorial rights to thc Dcvclopcr to provide the service through its sewer facilities. 0 The project's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of&livery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. g) Subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation must be provided to verify that the site is of adequate size for thc facility intended. 7.07 SIGNAGE 1) General ~ a) All Count)' sign regulations shall apply unless such regulations are in conflict " with the conditions set forth in this section. b) For the purpose of this PUD Document/Ordinance. each platted parcel shall be considered a separate parcel of land and shall be entitled to an)' sign as permitted herein. c) Should any ofthe signs be requested be placed within the public right-of-way, a right-of-way permit must be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. 2) Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one {'1) sign with a maximum area of 100 square feet shall be pemfitted at each entrance of the development. b) Entrance signs shall not exceed a height offi fteen (I 5) feet above thc finished ground level of the sign site. c) Entrance signs ma)' be lighted provided all lights are shielded. 7-8 j t,lOV 2~ 1998 t 3) Project Signs a) Project signs, designed to promote the Project, or an.,,' major use within the project shall be permitted along the east and west side of Airport Road. the~ north and south side of Golden Gate Parkv,'ay, and the west side of Livingston Road, and on all land tracts within (.;re5' Oaks I'UD limits subject to the following conditions: I ) Project signs shall not exceed a height oftwenty (20t feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of fourteen (14)project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. Thc location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate t'arkwav with Airport Road and Livingston Road. 3) Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Sen'ices. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during Subdivision Approval. Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier Count.,,' right-of-way shall meet the requirements of Collier County Right-of-way Ordinance 82-91. ! 5) Internal access into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be determined during Subdivision or Site Development Plan approval. 7.09 EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (! 5) acre school site to thc Collier County School District at a location (off-site) agreed upon between the Applicant and the School District. 7.11 FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre site for use by thc North Naples and thc East Naples Fire Districts, together with Collier County Emergency Medical Semiccs. The site shall be dedicated in fee simple, subject to the following conditions: 1 ) Thc site shall revert to the owner if it is not utilized for afirc and rcscue facility for at least five (5) years. O 2) If either fire district for the Emergency Medical Sen, ices adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair' market value on the date of dedication. G:\USERS\LANA\WpS\GREYOAKS~PUD.FNL October 22. 1998 7-10 i i NOV 2q1998 LEGEND LAND USE SUMMARY ; i,i ,i,~-,,,~, .................... __ ................... I CLIFTON. I~E'L,L & C~ON ~ P~. IN~ EXECUTIVE SUMMARY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE GREY OAKS DEVELOPMENT ORDER DOES/OR DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. OBJECTIVE: The objective of this executive summary is to solicit from the Collier County Board of County Commissioners a ruling that the proposed amendment to the Grey Oaks Development of Regional Impact (DRI) Development Order 90-3 as amended does not constitute a substantial deviation requiring further Development of Regional Impact review. CONSIDERATIONS: Chapter 380, Section (19)(b)(l) thru (16) define threshold revisions that constitute a substantial deviation to a Development of Regional Impact (DRI) that would require further review. Generally these thresholds refer to increases in density or intensity of land use or decreases in open space. The proposed modification to The Grey Oaks Development Order is for the purpose of reducing the area covered by the Development Order and to make other minor changes. The result of this action does not abridge any of the thresholds for determining the significance of the change. A notification from the Regional Planning commission or the DCA that they do not plan to attend the public hearing generally suggests that they consider the amendment insubstantial. Both the Regional Planning Council and DCA have been advised of your local public hearing and have advised that the amendment does not constitute a substantial deviation. Determination of substantialness pursuant to Florida Statute Chapter 380.19 are not reviewed by the Collier County Planning Commission. FISCAl, IMPACT: None. GROWTH MANAGEMENT IMPACT: None. NOV 2 4 1998 STAFF RECOMMENDATION: Staff recommends that the Collier County Board of Commissioners determine that the proposed amendment to Development Order 90-3 as amended The Grey Oaks Development of Regional Impact (DRI) does not constitute a substantial deviation requiring further Development o£ Regional Impact pursuant to Statute Chapter 380.06(10)(f)(5). PAREI~ B i~ONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: /?""':-'""~-'--'~ /'-2"' R(SBEI~T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: /~' VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. GREY OAKS DEV. ORDER EX SUMMARY/md NOV ~.~ 1998 ~O'~v: cS'~ ..... CF ........... '-.': CC: LiER COUNTY 2ETER:/'i:: .... :HAT -- *"-' .-~';iSiONS TO THE GREY OAKS DEVELOP,~.ENT ORDER 90-3 DO .... C$::STiT:TE A SURSTA:;TiAL DEVELCFF. E::T CF .:ESiCNAL iMPACT REVIEW. WHEREAS, th~ Bcar~ c' C~un%y ~- ss:chefs .. Collier ..... ~ ...... Order 99-3 Grey Oaks on June (, 1990, wi, ich apUrc..,ed a De.zeicpmen% c~ Regional Impac= 'DRi) known as --., . G._~ Oaks; and - · I.f~ '.,2, Flc ~.,a~u~es, requires ~-~p~s.~ changes t: a Previously apprcve~ Development cf ................... : developer to the local ~s';ernment, th~ r~'cnal ~iannlnu council, and the s~ate land w~= ..... ng agency; and WHEREAS, submittal cf the Uropcsed changes was made to the a~r;~rLa~e ~ilz authorities; an~ WHEREAS, Sec=ich 3~0.06{19) (f;5, Florida Statutes, requires that the local government shall de=ermlne whether or not the propose~ change to the previously approved DRI development order constltu~es a suDs=an%iai devlatlon recuiring further Levelopment-of-Reglonal-imDact revlew: and HERan~, the Roard of Coun=y Com~,lssioners cf Collier County has reviewed and consiOere= %he report and recommendations of the .... h,~s. Florida ~e~:¢nai Piannlng Council (SWFRPC) and held on Augus~ 20, 1998 a ~uZ!~i nearing cn the Detition: and ..-~.-m=, aY separate ar~lon %he ~oarC cf County Cor~:ssioners wlll cause Grey Oaks ~UD Development Order %o be ..... c-, tc . ec% ~he ~rc9=se~ re','lslons which do n~% constitute a substantial Gev:atlcn requlrlno fur:her --ve,cpment-of- Peglcnai-lm9ac% re-.,lew: NOW, ?HEPEFtRE, BE '- ~ESCL','ED t)' the 5sarO of County 3c~,lsslcners -cf 'T;~' i~,, -, '~'E~,D~,~,.~ .... :, ~lor~da that: NOV m98 The proposed -~ .-;..1 .... to Grey Oaks Development Or,er 90-3, as desc:ibe~ in Petition DOA-9~-I, noted as Exhfblt "A" an~ hereto r.a~e a part cf th~s resoiutlcn .o.,st..~._ a s'~s~an%;al deviation requiring further Development cf Peg:anal Impact revSew.. BE iT FURTHER RESOLVED that this Resalution be recorded in -.,- m:nutes o~ th!S Th~s F:esoluticn adopte~ a~ . . .t.r motion, second and maDority Pone th:s ~ay cf 1998 BOAR2 CF COUNTY COMM:SSIONERS C~LLiE~ COUNTY, ~LORIDA 5ARBAPA B. BERRY, Chairman ATTEST: 2WIGHT E. B~CC?[, CierZ Apprsve~ as tc Fcrm anj Lezal ~. ~-,~ .... Assistant County Attorney f,'DOA-9~-i ' ~ey OaKS NOV 1998 FORM RPM- BSP- PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF CO~4MUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPRO%~D DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06 (19) , Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George Varnadoe, the undersigned authorized representative of Halstatt Partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Halstatt DRI/Grey Oaks PUD development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County and City of Naples to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. (Date) ~ (Signature) l LI 2. Applicant: Halstatt Partnership 2640 Golden Gate Parkway, Suite 111 Naples, Florida 34105 (941) 262-2600 3. Authorized Agent: George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 3%108 ~ (941) 597-2814 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Sections 2%, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI Development Order (90-3) was issued by- Collier County on June 6, 1990, and amended by Development Order 90-5 issued on October 16, 1990. The amendment (D.O. 90-5) primarily consisted of changes to the transportation conditions as' agreed to in settlement of an appeal of D.O. 90-3 by DCA. The City of Naples approved the portion of Grey Oaks DRI within its jurisdiction on October 17, 1990, in Resolution 90-6211. A copy of the approved Grey Oaks Master Plan (Map H) is attached as Exhibit 'A'. The Grey Oaks DRI can be generally described as being located within the northeast, southeast and northwest quadrants of the intersection of Golden Gate Parkway and Ai-~port Road. The intersection is the location of a designated "Activity Center" in the Collier County Comprehensive Plan. That portion of Grey Oaks located in the northwest quadrant is within the City of Naples. The northeast and southeast portions are within the jurisdiction of Collier County. Most of the changes to' the Grey Oaks DRI are occurring in the quadrants under the jurisdiction of Collier County. NOV 1998 A copy of the proposed changes to the Grey Oaks DRI Master Plan (Map H) is attached as Exhibit 'B'. The only proposed change to the 354 acres within the City of Naples (northwest quadrant) is to add 9 holes of golf, for a total of 18 golf holes. In the northwest quadrant, no change is proposed to either the previously approved 764 residential ~u~its, or the total of 347,000 square feet of co~ercial retail and office uses located on the Previously approved 30 acre commercial/office sites. The proposed changes to the eastern portions of the Grey Oaks DRI, within Collier County's jurisdiction, are the following= (a) Reduction of the number of residential units from 1,936 to 1136, a decrease of 800 units; (b) An increase in the number of golf holes from 45 to 54 (9 additional holes); (c) A shifting of the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant; (d) An increase in the amount of acreage designated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres; (e) The deletion of the internal project road overpass linking the northeast and southeast parcels across Golden Gate Park-way. A transportation analysis report prepared by David Pl,,-~er and Associates is attached as Exhibit "C'. The report establishes that the traffic impacts of the Grey Oaks DRI, with the proposed~ changes, will be reduced in comparison to the impacts of the. original DRI. The two charts, below, compare the approved land us~s within Grey Oaks to the proposed uses for the portions of the DRI within the County and City Jurisdictions. -3- COMPARISON OF APPRO%-ED DEVELOPMENT TO %~E PROPOSED LILND USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN COLLIER COLr~TTY (EAST OF AIRPORT ROAD) DEVELOPMENT ORDE__R ACRES 1247. 1247 0 RESIDE~:TiAL UNITS 1936 D.U.s 1136 D.U.s -800 D.U.s and ACREAGE 399.8 Acres 310.9 Acres -88.9 Acres COMMERCIAL ACREAGE 90.4 90.4 0 Acres OFFICE 525,453 S.F. 525,453 S F. 0 ...(Gross Floor Area) · RETAIL 430,638 S.F. 430,638 S F. 0 _(Gross Leasable Area) · HOTEL 250 250 0 GOLF HOLES aha 45 54 +9 Holes GOLF COURSE ACREAGE 577.1± Acres 609.32 Acres ~32.22 Acres -A ..... WATER .~ ...... A, ION 180.1± Acres 236.78 Acres ~56.68 Acres COMPARISON OF APPRO%-ED D~rELOPME~rT TO THE PROPOSED L/LND USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN THE CITY OF NAPLES (WEST OF AIRPORT ROAD) ORIGINAL 1990 1998 CHANGE INCREASE DEVELOPMENT ORDER or DECREASE ACRES 354 354 0 RESIDENTIAL UNITS 764 Units 764 Units 0 and ACREAGE 122 Acres 122 Acres 0 Acres CO .... R~.AL ACREAGE 30 30 0 OFFICE 128,000 S.F. 128,000 S F. 0 (Gross Floor Area) · RETAIL 2!9,000 S.F. 219 000 S.F. 0 (Gross Leasable Area) ' HOTEL ROOMS 0 0 0 GOLF HOLES and 9 18 +9 ~oles GOLF COURSE ACREAGE 115.4_+ Acres 115.4 Acres 0 Acres LAk~ES, WATER ~%NAGEMENT ant PRESEPVATION 86.6± Acres 86.6 Acres 0 Acres 6. Complete the attached Substan~iai Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart, below. 7. List all the dates and~ resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If. so, has the annexing local government adopted a new DRI development order for the project? A. The Board of County Commissioners of Collier County approved the Halstatt DRI/Grey Oaks PUD by Resolution No. 90-292, Development Order 90-3 on June 6, 1990 (Exhibit "D"). B. Pursuant to an agreement reached between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order 90-5 in Resolution No. 90-498 on October 16, 1990 (Exhibit "D"). C. The City Council of the City of Naples adopted' Resolution No. 90-6211, approving the Development Order for the Grey Oaks PUD on October 17, 1990 (Exhibit D. To correct a scrivener's error in Development Orderl 90-5, Collier County adopted Resolution 90-571 in order to add words "apply for or" to the third sentence of Section 5, Subsectioni d.(4) of Development Order 90-5. This action was taken on November 27, 1990 (Exhibit 8. Describe any lands purchased or optioned within 1/4 mile of: the original DRI site subsequent to the original approval or~ issuance of the DRI development order. Identify such land,! its size, intended use, and adjacent non-projec~ land usesi within ~ mile on a project master site plan or other map. None. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 't80.06 (19) , Florida Statutes. NO¥ 1998 Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380 06(19) (e)2 Florida Statutes? ' ', YES NO XX 10. Does the proposed change result in a change to the buildoutl date or any phasing date of the project? If so, indicate th~ proposed new buildout or phasing dates. The phasing and build-out dates are not being changed. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to th~ previously approved DRI or development order conditions. See attached revised Master Site Plan attached as Exhibit 13. Pursuant to Subsection 380.06(19) (f), Florida Statutesli include the precise language that is bein ro os or -' - - g p P ed to b~ deleted aaaea as an amenament to the development order{ This language should address and quantify: See attached Exhibit 'F", a revised Grey Oaks DRI Development Order with new language indicated by underlining and deleted language by strike-throughs. a. Ail proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The above-requested information is provided in (1) the land use chart contained in response to question five above showing both proposed and approved land uses for the Grey Oaks DRI; (2) the revised site plan attached as Exhibit ~B"; .(3) the amended Development Order attached as Exhibit b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There is no change to the legal description of the Grey Oaks DRi. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of northeast quadrant of the Grey Oaks DRI has already commenced. Therefore, there is no proposed change to the commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed for the termination date of the Development Order. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall be subject to down-zoning; unit density reduction or intensity reduc~icn, if applicable; and ' No change. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. NOV Zq 1998 SUBSTANTIAL DEVIATION DETERMINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DRI: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non-applicable sections of the standard chart form are omitted. The chart below addresses all approved and proposed land uses within the Grey Oaks DRI. TYPE OF CH~GE PROPOSED ORIGINA3~ PREVIOUS D.C. LA/TD USE CATEGORY PI~ PL;tN CF~GE & DATE fice Acreage, includina 120.4 AC. 120.4 AC. drainage, ROW, ' "Commercial .... Commercial" easements, etc. ~~ N/A Buildin~ (cross ~ .ft.) --'-'------ ~ ' 653,453 653,453 ~ Parkln~ spaces * Em~iovees '----'-----'- Site locational chan e_~__ See £?H. '"B" * External vehicle tri_~ See EXH. "C" D. C. conditions ADA representations No Change ~sidential ~ Dwelling units 1,900 D.U. 2,700 D.U. --------.___~ ~dwelling units N/A ~ Lo~s --"------- Acreage, inc. drainage, 432.9 AC. 521.8 AC _______ ROW, easements etc. ' Si%e locational chances See £XH ~ Ex:erna~ vehicle trips See £XH."C" D.___C. conditions N_ o Chance NOV 998 [] [] T~uOsFE CHANGE PROPOSED ORIGINAL PREVIOUS D.O. ~ CATEGORY PLAN PLAN CHANGE & DATE []olesale, Acreage, includin~ 120.4 AC. 120.4 AC. tail, Service drainage, ROW, "Commercial" 'Com. merclal" ~ easements, etc. N/A , Floor space (gross 649,638 S.F. 649,638 S.F. ' sq..~.~ {GLA) fGLA~ ~ Park:n~ spaces ~ r--'cyees Site iccationa! chances See £XH. "B" See EXH. ~ External vehlcle trips See EXH. "C" D. O. conditions No Ch.__ana~ ADA Representations No Change # Rental Unzts 250 R~{. 250 RM. N/A Ficor space (gross sq.ft.] ~ Parkinc places * Er. plc'/ees Site Iccational chanae, s See EXH. "~" See EXH. Acreage, lnciudlng drainage, ROW, easements, etc. ~ Ex~_.na. vehicle trips See EXH. "C D.C. conditions No Chanae,.~__.__ ADA representations No Change ~en Space (all Acreage Golf, Recreation 724.72 AC. 692.5 AC. ~atural and Park, ROW 72 Holes 54 Holes Ii:i geta~ed) N/A Site iocational chan~es See £XH. Type of open space ADA representations IPraservat~on, Acreage for lakes, water 323.38 AC. 266.7 AC. IBuffer or management and 'Special preservaticn tProtection A~reas N/A i Site iocational changes See EXH. "B" See EXH. Development of site proposed ... ~ D.O. conditions Nc Chance NOV 1998 LE<3~ND LAND UII= ILI~ldARY '~""'""~ "--"~---- NOV ,2.~ 1998 NOV ,2 5t 1998 LEGEND,,~. ~*a"' m.,...'"u'"m~'~ ~ .m,,,e,e~ ,,,. ,.v,,..m ~,mv,.~~LAND USE SUMMARY ~......_ ; .':..:.:..T...~ EXECUTIVE SUMMARY PETITION NO. DOA-9g-I, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE. P.A., REPRESENTING ttALSTATT PARTNERSHIP, REQUESTING AN AMENDMENT TO THE GREY OAKS DRI DEVELOPMENT ORDER NO. 90-3, FOR TIlE PURPOSE OF REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM 1,936 TO 1,136; INCREASING TIlE NUMBER OF GOLF HOLES FROM 45 TO 54; RELOCATING THE SITE OF THE APPROVED HOTEL FROM THE NORTHEAST QUADRANT TO THE SOUTHEAST QUADRANT; INCREASING THE ACREAGE DESIGNATED FOR CONSERVATION, LAKES AND WATER MANAGEMENT FROM 180.1 ACRES TO 236.78 ACRES; DELETING THE INTERNAL PROJECT ROAD OVEtL.PASS LINKING THE NORTHEAST AND SOUTHEAST PARCELS ACROSS GOLDEN GATE PARKWAY FOR PROPERTY LOCATED ON THE NORTItWEST, NORTHEAST, AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24. 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 1,601+ ACRES. (COMPANION TO PUD-89-6(3)) OBJECTIVE: This petition seeks to amend the Grey Oaks Development of Regional Impact (DRI) Development Order for the purpose of revising the land use development strategy for the property at the Southeast quadrant of Airpon-Pulling Road and Golden Gate Parkway, as illustrated by an amended Master Plan, and by making certain other revisions to the Grey Oaks PUD to reflect a reduction in the number of authorized dwellings. CONSII) ERATIONS: The Grey Oaks PUD is located in three quadrants of Airport-Pulling Road and Golden Gate Parkway (i.e., N.E., S.l!. and N.W.). The Northwest quadrant is in the City of Naples. The N.E. and S.E.. quadrants comprises 1,274.4 acres more or less (see location map following page). Purpose and description of land use changes with respect to thc Northeast and Southwest quadrants are as follows: ' (a) Reduction of the number of residential units from 1,936 to 1,136, a decrease of 800 units; (b) An increase in the number ofgoifholes from 45 to 54 (9 additional holes); AGENQ~ I1 F':~M -- No. NOV 1998 (c) a shifting of the site of the approved 250 room hotel from the Northeast quadrant to the Southeast quadrant; (d) An increase in the amount of acreage designated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres; (e) The deletion of the internal project road overpass linking the Northeast and Southeast parcels across Golden Gate Parkway. Both the Southwest Regional Planning Council and the Department of Community Affairs reviewed the proposed development order amendment. They advised staff that they had no objections hnd deemed the amendment to be insubstantial. The Collier County Planning Commission heard this petition on October l, 1998 and they unanimously recommended approval. No person spoke or otherwise communicated any level of objection to the amendments to the Grey Oaks development order. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. . HISTORIC/ARCItA EOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition DOA-98-1 being an amendment to the Grey Oaks DRI Development Order as described by the Development Order amendment included with this executive sun,,~,ary submission. AGE NDA. IT~P~ No. NOV 2q 1998 RO,~AI~D F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: R'OB'i~ RT .I. M ULI~£~, AICP "(' ') DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMIN~iSTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. [X)A-gg.I [:X ~,L'M~.IARY md No../://'7. NOV ?-~ !998 AGENDA ITEM 7G MEMORANDUM TO: COLLIER COU.,"NTY PLANNING COMMISSION FRO.M: CO.MML,~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER I. 1998 RE: PETITION NO: DOA 98-I GREY OAKS (COMPANION TO PUD 89-6(3)) O~,VNER/AGENT: .-',,gent: George L. Vamadoe. P.A. Young, vanAssenderp & Vamadoe. P.A. 801 Laurel Oak Drive. Suite 300 Naples. Florida 34108 Owner: Halstatt Partnership 2640 Golden Gate Parkway, Suite 111 Naples. Florida 34105 REQUESTED ACTIO,'; This petition seeks to amend the Grey Oaks Development of Regional Impact (DRI) Development Order for the purpose of revising the land use development strategy for the property at the Southeast quadrant of Airport-Pulling Road and Golden Gate Park~vav illustrated by an amended Master Plan. and making certain other revisions to the Grey Oaks PUI5. which ',,,'ill result in a reduction to the number of authorized dwellings. C_G_Y,D G RAP HI C LOCATION; The Grey Oaks PUD is located in three quadrants of Airport-Pulling Road and Golden' Gate Parkway (i.e.. N.E.. S.E. and N.W.). The Northwest quadrant is in the City of Naples. The N.E. and S.E. quadrants comprises 1.274.4 acres more or less (see location map following page) .~-~-Q~..F~2~5_C..gl PTI ON OF PROJECT: Purpose and description of land use changes with respect to the Northeast and South'.,,', are as follo'.vs: i NOV ~.q 1998 ia) Rcduction of thc numbcr ofresidcntial units from 1,936 to 1.136. a decrcasc of S00 units; (b) An incrcasc in the number ofgoifholes from 45 to 54 (9 additional holes): (c) A shiftintt or'the site of the approved 250 room hotel from the N - , ortheast quadrant to thc Southeast quadrant: (d)An increase in the amount of acreage designated for conscrvatiorvlakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres; (e)The deletion of the internal project road overpass linking the Northeast and Southeast parcels across Golden Gate Parkway. The two charts, below, compare the appro,.'ed land uses v,'ithin Grey Oaks to the proposed uses for the portions of the DRI within the County and Cityjur/sdictions. SOt'Itl REGIONAl, PLANNING COUNCIL; On August 20. 1998 tile SWRPC heard the Notice of A Proposed Change To A Previously Appro,.'ed Development Of Regional Impact (NOPC) pursuant to Subsection 380.06(19) Florida Statues. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. 2. Request Collier Count,,.' provide the Southv.'est Florida Regional Planning Council staff with copies of an,',' development order amendments related to the p~oposed changes. DEPARTMENT OF COMMUNITY AFFAIRS; Staff was ad,.'ised by the Department of Community Affairs by written correspondence dated August 7. 1998 that the,.' have reviewed the notification of proposed change (. OPC) for the Halstatt/Grev Oaks Development of Regional Impact (DRI). The applicant is proposing to revise the development order (DO) to add an additional 18 holes ofgolf for a total of 72 holes; reduce the number ofdweIling units bv 800 to ].136 units: locate the 250-room hotel in the Southeast quadrant of the development rather than thc Northeast: increase the acreage designated for lakes, water management and preservation by 56.68 acres for a total of 236.78 acres: and delete the internal project road overpass across Golden Gate Parkway. Pursuant to the criteria in Section 380.06(19)(e)3., Florida Statutes (F.S.). the changes listed above are presumed to create a substantial deviation from the appro,.,ed DO. Hov,'ever, the applicant has rebutted the presumption ora substantial deviation b,.' demonstrating in the traffic analysis, submitted with the NOPC. that no additional regional impacts ,.,.'ill be created. Therefore. pursuant to Section 380.06(19)(04., F.S.. the Department has no objection this~k~L. 2 NOV 2q 1998 COMPARISON OF APPROVED DEVELOPMENT TO THE PROPOSED LAND USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN COLLIER COUNTY (EAST OF AIRPORT ROAD) . ORIGINAL 1990 1998 CHANGE DEVELOPMENT ORDER INCR£ASE or DECREASE ACRES ---------- 1247 '-----'----- 1247 0 RES I ?~ENTIAL UNITS ~ ano ACREAGE 1~36 D.U.s !136 D.U.s -800 D.U.s 399.8 Acres 310 9 Acres -88.9 Acres COM?.ERC~.~ ACREAGE 90.4 90.4 -~- 0 Acres (Gro-s Floor Area) 525,453 S.F. 525,453 S.F. 0 RETAIL ~ 430,638 S.F. 430 638 S.F. 0 IGros_~s teasaDle Area~ , HOTEL RO~.,¢ ~ ________ v.._ 250 ---------- 250 GOLF HOLES and 45 ~ 0 GOLF COURSE ACREAGE 577 54 +9 Holes ------------ --._____~1-~ Acres 609.32 Acres +32.22 Acres LAF, ES, WATER M' ~ r,~,.- ~ ~ AG ...... ~ an~ PRESERVATION 180.1± Acres 236.78 Acres +56.68 Acres COMPARISON OF APPROVED DEVELOPMENT TO THE PROPOSED LAND USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN THE CITY OF NAPLES (WEST OF AIRPORT ROAD) ORIGINAL 1990 1998 CHANGE INCREASE DEVELOPMENT ORDER or ACRES ~ ~ DECP'W'AS E 354 ------------- 354 ------------ 0 RESIDENTIAL UNITS 764 Units 764 Units 0 and ACREAGE 122 Acres u~ ~.~ ----------- 122 Acres 0 Acres CO .... R~, ~.. ACREAGE 30 ~ ----------- 30 ----------.- 0 OFFICE 128,000 S F. ~ (Gross Floor Area~ ' 128,000 S.F. 0 RETAIL 219,000 S.~. ~ {Gross Leasable Area) 219,000 S.F. 0 HOTEL ROOMS 0 ~ -------- ----!--° 0 GOLF COURSE ACREAGE 115______/4± Acres 115.4 Acres LARES, WATER MANAGEMENT ~ ant PRESERVATION 86.6± Acres ~~l) '~~ 86.6 Acres ~ NO¥ /1998 STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DR1 Development Orders are structured first and foremost to contain regulation that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as pan of their Application for Development Approval /ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submission as pan of the NOPC. It is that information which upon review by the SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs in their response by indicating no objection were basically' indicating that the changes were of an insubstantial value. The effect of reducing the authorized number of dwelling units in the County's portion &the DRI of 800 dwellings, together with other modifications ,,,.'hen compared to the original ADA traffic projections indicates a lesser traffic impact in the range of 2% to 7%. Additionally, open space and natural conscm'ation goals are enhanced by this amendment to the extent that acreage in each category are increased. Insofar as land uses are concerned, there is basically no change since the land law use strategy allows both mixed commercial development and residential uses in defined locations. The relocation of hotel usage from the North side activity center to the South side in its relocated position in the ag~egate does nothing to change impacts particularly on adjacent propert.~' particularly given the fact that other marked commercial development will replace the intended hotel use on the North side of the Golden Gate Parkw;ay. ; The aggregate impact both internally and externally is no different than that currently permitted by development density and intensity of land use and if anything, is somewhat less in terms &impact on levels of service. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA 98-I as described by the amending DRI Development Order resolution included with this Executive Summary. R'~,'A LD ~.~.N'I~'~. AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROU~T J. MULIIERE, AICP DATE PLANNING~RVICES DEPARTMENT DIRECTOR VILEST .~(CAUTERO. AICP, ADMINIST~TOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number DOA 98-1 G~Y O~S (COMPANION TO P~ 89-6(3) StaffRepon for the October 1, 1998 CCPC meeting. COLLIER COLWTY PLANinG COMMISSION: DOA-98.1 STAFF ~PORT, Io il,. FORM RPM-BSP- PROPCRANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06 (19) , Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George Varnadoe, the undersigned authorized representative of I{alstatt Partnership, hereby give notice of a proposed change to a pre"iously approved Development of Regional Impact in accordance with Subsection 380.06 (19), Florida Statutes. In support thereof, I submit the following information concerning the }{alstatt DRI/Grey Oaks PUD development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County and City of Naples to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. (Date) ' ~~gnat~re) 2. Applicant: Halstatt Partnership 2640 Golden Gate Parkway, Suite 111 Naples, Florida 34105 (941) 262-2600 3. Authorized Agent: George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build out date, o-v_lopm_n= order conditions and requirements, or to the representations contained in either the development order or the A~piication for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI Development Order (90-3) was issued by Collier County on June 6, 1990, and amended by Development Order 90-5 issued on October 16, 1990. The amendment (D.O. 90-5) primarily consisted of changes to the transportation conditions as agreed to in settlement of an appeal of D.O. 90-3 by DCA. The City of Naples approved the portion of Grey Oaks DRI within its jurisdiction on October 17, 1990, in Resolution 90-6211. A copy of the approved Grey Oaks Master Plan (Map H) is attached as Exhibit "A". The Grey Oaks DRI can be generally described as being located within the northeast, southeast and northwest quadrants of the intersection of Golden Gate Parkway and Airport Road. The intersection is the location of a designated "Activity Center" in the Collier County Comprehensive Plan. That portion of Grey Oaks located in the northwest quadrant is within the City of Naples. The northeast and southeast portions are within the jurisdiction of Collier County. Most of the changes to the Grey Oaks DRI are occurring in the quadrants under the jurisdiction of Collier County. NOV 19,98 A copy of the proposed changes to the Grey Oaks DRI Master Plan (Map H) is attached as Exhibit 'B'. The only proposed change to the 354 acres within the City of Naples '(northwest quadrant) is to add 9 holes of golf, for a total of 18 golf holes. In the northwest quadrant, no change is proposed to either the previously approved 764 residential units, or the total of 347,000 square feet of commercial retail and office uses located on the previously approved 30 acre commercial/office sites. The proposed changes to the eastern portions of the Grey Oaks DRI, within Collier County's jurisdiction, are the following: (a) Reduction of the number of residential units from 1,936 to 1136, a decrease of 800 units; (b) An increase in the number of golf holes from 45 to 54 (9 additional holes); (c) A shifting of the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant; (d) An increase in the amount of acreage desigr~ated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres; (e) The deletion of the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway. A transportation analysis report prepared by David Plummer and Associates is attached as Exhibit "C". The report establishes that the traffic impacts of the Grey Oaks DRI, with the proposed changes, will be reduced in comparison to the impacts of the original DRI. The two charts, below, compare the approved land uses within Grey Oaks to the proposed uses for the portions of the DRI within the County and City jurisdictions. ..__. Po. /..2 COMPARISON OF APPROVED DEVELOPMENT TO THE PROPOSED LAND USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN COLLIER COUNTY (EAST OF AIRPORT ROAD) DEYELOPMENT ORDER DECREASE AC~E£ 1247 1247 0 RESiDENTiAL UNITS 1936 D.U.s 113( D.U.s -800 D.U.s and ACREAGE 399.~ Acres 31%.9 Acres -88.9 Acres COM~ERCiAL ACREAGE 90.4 90.4 0 Acres OFFICE 525,453 S.F. 525,453 S.F. 0 ~Grcss Floor Area) RETAIL 430,638 S.F. 430,63~ S.F. 0 IGrcs$ Leasable Area) HOTEL P. OCMS 250 250 0 GOLF HOLES and 45 54 +9 Holes GOLF COURSE ACPEAGE 577.1± Acres 609.32 Acres +32.22 Acres ~A..~S, WATER ~NAGEMEN? and PgESE~VATiON 180.1± Acres 236.79 Acres ~56.68 Acres COMPARISON OF APPROVED DEVELOPMENT TO ~HE PROPOSED LA/TD USES FOR PORTIONS OF GREY OAKS DRI LOCATED IN THE CiTY OF NAPLES (W-EST OF AIRPORT ROAD) ORIGINAL 1990 1998 CHANGE INCREASE DEVELOPMENT ORDER or DECREASE ACRES 354 354 0 RESIDENTIAL UNITS 764 Units 764 Units 0 and ACREAGE 122 Acres 122 Acres 0 Acres COMMEFCiAL ACREAGE 30 30 0 OFFICE 128,000 S.F. 128,000 S.F. 0 (Gross Floor Area) RETAIL 219,000 S.F. 219,000 S.F. 0 (Gross Leasable Area) HOTEL ROOMS 0 0 0 GOLF HOLES and 9 18 +9 Holes GOLF COURSE ACREAGE 115.4± Acres I 115.4 Acres 0 Acres LAKES, WATER MANAGEMENT and PRESERVATION 86.6± Acres 86.6 Acres 0 Acres -4- NOV 14 1998 6. Complete the attached Substantial Deviation Determination Chart for all land use approved in the types development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart, below. 7. List all the dates a~d resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If sc, has the annexing local government adopted a new DRI development order for the project? A. The Board of County Commissioners of Collier County approved the Halstatt DRI/Grey Oaks PUD by Resolution No. 90-292, Development Order 90-3 on June 6, 1990 (Exhibit "D"). B. Pursuant to an agreement reached between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order 90-5 in Resolution No. 90-498 on October 16, 1990 (Exhibit C. The City Council of the City of Naples adopted Resolution No. 90-6211, approving the Development Order for the Grey Oaks PUD on October 17, 1990 (Exhibit D. To correct a scrivener's error in Development Order 90-5, Collier County adopted Resolution 90-571 in order to add the words "apply for or" to the third sentence of Section 5, Subsection d.(4) of Development Order 90-5. This action was taken on November 27, 1990 (Exhibit "D"). 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within ~ mile on a project master site plan or other map. None. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. -5- NOV 1998 Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2 Florida Statutes? '' YES NO X~ 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The phasing and build-out dates are not being changed. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See attached revised Master Site Plan attached as Exhibit 13. Pursuant to Subsection 380.06(19) (f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attached Exhibit "F", a revised Grey Oaks DRI Development Order with new language indicated by underlining and deleted language by strike-throughs. a. Ail proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The above-requested information is provided in (1) the land use chart contained in response to question five above showing both proposed and approved land uses for the Grey Oaks DRI; (2) the revised site plan attached as Exhibit "B"; (3) the amended Development Order attached as Exhibit "F". -6- o z~ .-'~__ NOV m 1998 b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There is no change to the legal description of the Grey Oaks DRI. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of northeast quadrant of the Grey Oaks DRI has already commenced. Therefore, there is no proposed change to the commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed for the termination date of the Development Order. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. NOV if 1998 SUBSTANTIAL DEVIATION DETERMINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DRI: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non-applicable sections of the standard chart form are omitted. The chart below addresses all approved and proposed land uses within the Grey Oaks DRI. TYPE oF P OPOSED P EV OUS D.C. Office Acreage, including 120.4 AC. 120.4 AC. drainage, ROW, "Co~e r cia 1 .... Co~,e r cia 1" -~ (~.~.s sg..t.) 653,453 (52,453 ' Emplc>,ees Si~e iccational changes See EXH. "B" ~ External vehicle trips See £XH. "C" . 2. O. conditions No Change ADA representations No Change Residential ~ Dwelli~ units 1,900 D.U. 2,700 D.U. N/A ~ Lets Acreage, inc. drainage, 432.9 AC. 521.8 AC. ROW, easements, etc. L Site locational changes See EXH. "B" .×.e.nal vehicle trips See EXH."C" D.C. ccnd:tions No Chanqe NOV ~ ~ ~S98/ / E OF CI~GE PROPOSED ORIGINAL PREVIOUS D.C. __ USE CATEGORY PLA/~ PLA/~ CF. ANGE & DATE Wholesale, Acreage, including 120.4 AC. 120.4 AC. Retail, Service drainage, ROW, "Co~ercial .... Commercial" easements, etc. N/A Floor space (gross 649,638 S.F. 649,638 S.F. sq.ft.) (GLA) (GLA) ~ Parking spaces ~ Employees locational "B" See EXH. Site changes See EXH. ~ External vehicle, trip:, See EX}{. "C" ADA ~epresentatlons No Chan~e Hotel/Motel # Rental Units 250 RM. 250 RM. N/A Floor space (gross sq. ft. ~ · Park:n= ~.!aces , Employees S:te iccational changes See EXH. "B" See EXH. "A" O A:reage, including drainage, ROW, ,, ea~er~ents, etc. II , External vehicle trips See EXH. "C" : .. D.C. conditions No Change ADA representations No Chan~e Open Space (all Acreage Golf, Recreation 724.72 AC. 692.5 AC. natural and Park, ROW 72 Holes 54 Holes veg, tated) N/A Site locational changes See EXH. "B" Type of open space ADA representations Preservation, Acreage for lakes, water 323.38 AC. 266.7 AC. Buffer or management and Special ~reservation Protection ;%reas N/A Site locational changes See EXH. "B" See EXH. "A" Development of site proposed D. O. conditions No Change O I ADA representations No Change -9- NOV ]998 R LEGEND LAND USE SUMMARY ~.,~,,,~ ~., IOV 2~ 1998 . ..~ .-,~ .~ &~' ~&~ . ~ DEVELOPMENT ORDER 98- RESOLUTION NUMBER 9~- A RESOLUTION AMENDING DEVELOPMENT ORDER 90-3, AS AMENDED, FOR THE GFEY OAKS DEVELOPMENT OF REGIONAL fY. PACT ('DRi") BY PROVIdiNG FOR: SECTICN ONE TO ~MEND PA~G~PH 4 OF THE FINDINGS OF FACT SECTION TO REFLECT A PEDUCTION IN THE NUMBE~ OF PESIDE~:TIAL ~,=. .... ~ UNITS AND AN I~:C~.EASE ~:, THE NUMBER OF FAIRWAYS AND CONSERVATION ACREAGE;.-~,c=~''~" TWO, TO ~24END PA~AG~PH 3 ENTITLED HOUSING THE CONCLUSIONS OF ~W SECTION TO DELETE REFERENCES TO AFFORDABLE HOUSING UNITS RZDESiGNATE THE AREA FO~ GENE~L PURPOSES iNCLUDING ASSISTED LiVingS FACiLiTIES; SECTION THREE, TO ~END PAPAG~A~H 5 ENTITLED TPANSPO~TATiO:: OF THE CO~CLUSIONS OF LAW SECTICN T~ DELETE REFEPE~:CES '',~ OVERPASSES OVER GCLDEN GATE PARKWAY AND OTHER ,,~.OR CHANGES; SECTION FOUR, TO DELETE REFERENCES TO THEu~FI,,~- "'~'..O,,S" SECTION OF CHAPTER 380 FLOriDA STATUTES AND RE~:UM~ER SUDSEQUENT ~A~A$~.~HS; SECTION ~i'/E, FiNDiNGS OF FACT; SECTICN =iv ..... =' ' ..... '~NC~U..O,:S OF LAW AND SECTION SEVEN, EFFECT = ~R:V~C,.:~. iSSUED DEVELOPMENT OF. DER, -:'~'='z..~.,......n~ ....... .~ DCA AND EFFECTIVE DATE. WHEREAS, the Board cf County Ccrmlss=¢ners of Collier County, Florida Ze';elc~ment Order 90-~ !the ~v~c=-~' CrC~-' on jun~ ~, whzch a~prcved a Development of Regional impact ,2RI~ known as the Grey Oaks ~ianne= Unit Development: and WHEFEA$, =he original Development Order is still in effect as amended ~y ..:e.~m_n. Order 90-5 on October 16, 1990; and WHEREAS, the owners cf the Grey Caks Planned Unit Development desire %u cnanqe toe DRi as roi!cwo: ,[~ reZuce the nurser cf residential units ' 2, ' .~0, increase ~- golf es zoca._, within ......... · , t,._ nurser cf Collier County from 45 to 54; Ilil) snlft the site cf the approved 250 roes, hotel from the northeast quadrant to. the southeast quadrant; increase t~e acreage wlthin the DRi deslgnate~ for conservation, lakes aaa wa.~- r. ana~ement, w,~l~., includes preservation areas, from I~0.I acres to 236.'5 acres, and (v) delete the internal Dro3ect r~a= overpass i:nking the northeast and southeast parcels across Golden Gate Par~way; ant WHEREAS, the tract cf lano lying adjacent to proposed L~vingston Road and sruth cf Golden Gate Parkway and east cf the Florida Power and Light easerent has UD tO three hundred multi-family :welling~ =~-,--- ' 1998 ~crds . _ . .~ are deleted, words underlln~ are added. ..,_J/ :% an] the owners desire %c make thls tract available for general residential purposes, including assisted i~v~ng facilities; and ,..~., George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., r_._ntlng the Ha!start Partnership, petitioned the Board cf County Ccr~.~ss~cners cf Cciller County, Florida, to amend the D~veiopment Order; ~;HEFEAZ, tr.e Collier County Planning Com,wlss~cn has reviewed an~ ~ons:cere~ tt.e report and recom.~endaticns of the Southwest ~lori~a ~eg~:nal }fanning Council (SWFRPC] and held a pu~i~ hearing on: the ;;HEPEAS, the Board of County C&m,~iss:cners of Collier County has reviewed an: c:nsldered the reports cf the OWFRPC and the Collier County ~iann:n~ C~rm~s£~cn and held a publi: hearing on the petition cn November ri&W, UHEREF'~.E~ , De it resolved b'/. the Boar: of County Commissioners Paragraph 4, of the Findln~s cf Fact Section of the Grey Oaks ..... Ge. ~Kesclution 90-292, as ar. ended) is herety amended to reds as f~ilows: - =~z,.an. proposes the development of Grey Oaks PlannediUnit - 601 acres which includes: 120.4 acres of comm. ercial'uses 2.evei:sr._nt for i, %c ~nclude 259 hotel rooms, ~53,453 square feet {gross floor area) of ~fflce c:m,~ercial, 649,638 square feet {gross leasable area) of retail ccr~ercial, 2,~C~ 1,900 resldential :welling unl%s, ~ 72 holes of golf, and 2~{.7 323.3~ acres of conservation, lakes and water manaa-m-nt, which iht!utes preservation areas. ~..., ........ TO DEVELOPHEI:~ ORSER Paragraph 3 entitled "Hous&ng", of the Conclusions cf Law Section cf the Grey Oaks Development Order (Resolution 90-292, as amended] is hereby a ......d.. tc read as follows: 3. HOUSI::G a. The County has co.~u~,itted by 1994 to make avallable adequate ...'-- Iow and moderate income person~ Housing Element, Growth ~{anagement Plan). The SWFRPC re(ommended that the NO% 1 q1998 Words . .' .' are deleted, worde underlined are added. AT~ilcant e~%her reouce %he ~quare footage cf the office cr reta~l ccrc~ercla! ty enough ts reduce the demanO for afforcakle nouslnS Zv 302 un~%s: cr participate cna proportionate share Dasls In any Ccunty-w~ program a=opted by 1994 to address affcrdaDle housing needs an= := :eserve a s:te until that date tc enable applicant to participate in such a program. The applicant has submltte~ evidence of a substantlal amount of exlstlng and planned affordable housin~ in %he immediate a:ea. ~. The square footage cf the office commercial component cf Phase ii' cf tnls project has been re~uce~ b7 144,000 square feet, which reduces the affordable housing demand by 302 dwelling units. c. ~c:n~ ~,,sl. rcsar';a th~ The tract of land lying adjacent to ~-;.,,~s.o,, Road south cf Golden Gate Parkway and east of the f. as '2~ t: three hundred (300) multi-family dwellin~ units h.:'.'c ass~ne~ t~ it, and thi: Tra:t. '~ t~;c Tcunty ,has approach(d ~,~ avai!akie fzr general residential purposes, including assisted living faci!i%ies. £ECTi$~: THREE: ~{ENDME~:TS TO DEVELOPME~:T CRDER Paragraph 5 entitled "Transportation" cf the Conclusions of Law Secti=n = the Grey Oaks Development O.._r 'F-ssiu%icn 90-292 as amended) :s here~v amende~ to read as follows: 5. TPANSPORTATiC:~ a. The applicant or his successors shall be fully reap(ns for slte-re!ated roadway and intersectlcn improvements required within the L'RI. The applicant shall be required to pay the full cost for an}, site- related intersection lmprovements (inc!u=ing but not limited~ to, ~ignai:zatlcn, =urn lanes ano additional through lanes} found necessary =y Collier County for the project's access nter,~~onC~ Airport Road (C.R. 31), Golden Gate Parkway (C.R. 88 ) and the .~uture NOV 1 998 -3- Words - ' . are deleted, words underline( are added. . _ . -r_ cr ~ay ~e ~ntersecticns approved for -ha ~rc]est an~ chances that a ~ necessary in order to meet t~e long range :ransporta:ion plans for the area. A copy of the signal progresslcn analysis requested by the County ?ranspcrtation Department is incorporated by reference and copies have :eer, s'~smi%ted tc the SWFFPC, Collier County and the City of Naples. The ~rc~:e~ s:te c';crp~:ccc c';er~ass linking the quadrants of the project ~';er Airport P~a~ ~ Col~--~_,, ~.-,~._ ~-~,.~.,,..~: ..... will be designed so as not to :nter'~..r-o wlth the even:ual widening c'. %,~cc:~ .-~.~:~ ...... that roadway. ~, The following reg:onal r~adways and intersections are . ~ ':%', . LOS ~ - peak hour, peak Roadways: Airport RoaJ ~C.R. ';an~erbi!: Beach ~:aZ 'C.P, %62 to Radio Road (CR 856) Gcl~en Gate Parkway {CK Goodlette Road (CR 551) %o Santa Barbara Boulevard Pine Ridge Road OCR ~96) Airpor~ Road (CR 31) to !-75 Goodle:te Road Creecn Road ~c Fifth Avenue Intersections: Airport Road (CR 31) at Pine P~O-..... Road (CR 896) Airport Road (CR 31) at Golden Gate Parkway ,.R 886) Airport Road (CR 31) at Mercantile Avenue Airport Road (CR 31) at Ra~io Roa: ~CR 856) Golden Gate Parkway (CR 886) a: Goodlette Road (CR 851) ..v.ngs..n Road Golden Gate Parkway (CR 886) a: ~ .... 'f any of the road segments ldentlfie~ tn thls paragraph become ~eficienr in the future, the County shall establish an Area of Sign~ificant .... ~en... ~ASi) around such segment pursuant tc the Collier County Adequate ~acility Ordinance. c, The Applicant sial' r.:ti~ate i~$ impacts on the regional an= icsa! roadways ano Lnterseoticns identified hereon as fellows: (i) The applicant shall r, ake the improvements specified in 5(a; hereof. (ii) The applicant shall ~e~icate approximately twenty-five 25) acres to accom.no~ate the expansl¢n cf the followi %g faclll~Les: Livingston RoaO, Golden Gate Parkway, and expansion 'of the Words ~&re deleted, words }J/L~JI~ are :nterse.:t:on at Golden Gate Parkway and Air,irt Road tc allow a grade se~arate~ urban interchange with Golden Gate ~arkway being the grade seDarated roadway. The amounts of the right-cf-way on each roadway a~ intersection which will be dedicated are..=D~--:ied .... in the PUD Document :Cr~inansc :rT. 9C-~), as amended. The deoisatlsns shall be made when the County :s ready to make the improvement necess:%a~ing the dedication. {lii) The applicant shall be subject to all lawfully adopte= transportation impact fees. (iv) The applicant shall build, at its expense, Livingston ~.saZ fror. Golden Gate Parkway south ~9 t~e beginning of the northern aO~rcach ~c the brioge over Golden Gate Canal. This road improvement zn~i' ne a two-lane rural design built to Ccunty specifications and the 'cm-tr'~ct~cr. s~all occur in a time ' '- wn:c., w~il coincide with the --cn~ ......... ......... ,.. ~. Livln:stcn. Roa~ -.~...~- Radio ~oad ..~.~.,~ to Golden Gate Canal ant cctstrurtlcr of a brld~e over G~ ..... Gate Canal. The applicant shall .... ~ ......... : ..... ~..,-of-,a~ acqulslt:cn excep% as specified in 5.'. ~ hereof. (';} The app!~cant shall te su~]ec5 to the Ccncurrend~ ..... a ...... r.t System c' th~ County as .-t Ivi) The applicant shall De en%itleC to credits for Jeclca%~cns un,er f.c. ~ii} as set forth in the PUD document. The aP~ilzar, t snail be entitle= ts road imcac~ fee credits for the csnstrurzl=n cf Livingston Road '~aragra~.r. ~.~. :iv)] as mandated by SECTIOH FOUR: ~4E~D:{ENTS TO DEVELOP:~E~:? ORDER Paragraph 8 of an u ....... d section of the Grey Oaks Development Order Pesciutmcn ~0. 9'~-292, as amended) is hereby Ceieted in its entirety an~ subsequent paragraphs are renum~ered as fciiows: 4~...~ ,'t is understood that any. reference herein to any governmental a~ency ~nai' be c~nstrued to mean any future instrumen! ~i~y~~y urea%es :r Ces~gnated ur successor ~n interes~ to, which otherwise NOV 2 1998 Worda ~ are deleted, words underline~ are added, possesses any cf the powers and dutles cf any reference governmental a~ency in exlstence on the effective date cf this Order· ~ 9. In the event that any portion or section of this Order is determlned to be invalid, illegal, cr unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the rer~ainlr0g port:ohs o: this Or,er which shall remain in full force and effect. ~ i~. This Order shall be bin~ing upon the County, the City of Naples - - ~-~_i~_., their assignees or successors in interest. ..... ~.0 FINDINGS OF FACT i. ?~e propose~ changes to the Drevlously approved DRI do not ~ .z .... af.y cf the zr~%er:a i~gteo in the DRi Development Order cr 2 -~ ........ the · ~..- applicant ~"~-'tt~ ts County, the Regional ~iannln~ Csuncll and the State Land Fianning A~ency Form BP~-08-$6, said .......... = ............... ~a~l=n cf a Prcucs~d Chan=e to a Previously A~pr='.'ez 2e';elc~ment cf ~.eg~cnai impact '"DRi") Subsection 380.06(19), Florida Statutes. 3. The application is ~n accordance wlth Section 380.06(1.9). 4. The proposed changes to the prevlcusly approved Development Or=er are ccnslstent with the report anG recommendations of the SWFRPC. 5. A comprehenslve review cf the Impact generated by the ~ropcsed changes to the previously ap~rove~ development has been conducted t'; ~he County's departments and the SWFRPC, and has established ~hat the changes result in a reductlon cf the project's impacts. 6. The develcpmen~ is not in an area designated an Area of Crit:ca! State Concern Uursuant id %he ~rovlslcns of Section 380.06, Ficr~ca Statutes, as amended. 7. ~:o increase In deve!cpment :ntenslty is authorized by this 2eveicsment Order ~- ~=~.~.., SiX: C~NCLUSIC. NS OF LAW i. The proposed changes tc =he ~re'.'lpusly approved Development Order do not consti%ute a substantial devla%ion Development of Regional impact review. Words ~ are deleted, wor~s underlin!d are added. iiiml .... 2, 7he prcpcse~ chances t~ the Frevzausiy approved development will no: unreasonably :nterfe:'e with :r.e acnle'.,er~en% of the oD~ec%~ves of :he adopted State Land '~..~'^ , O ~-,-~pm_nt Plan applicable .to the area. 3. The proposec chancre tc the ~re'.'icusly approved development are consistent with the Cci'let C~unty Growth Management-Plan ant %he Land 4. The Fr~pasez :nan~es t~ the previously approved Development Crier are c~nslstent ','~tn -h~ State C~r. pr,n_n_i..._ Plan. £ECTi~:: S E'.'E~:: ...................... ~::~-. .: r~ .... ~_: ,££UES DEVELOPMENT ORDER, TFAT;SMiTTAL 7t SCA AND EFFECTIVE DATE · ~xce~t %s ar. ence~ hereby, Development Order 90-3, as . .:re. an~ binding in accordance with , s~: .... tnls Z_v_i Order 98- shall be ~--~- B~reau ~f Lan~ and Water :4anagement, and the Southwest Florida 3. This Oeve!cpment Order shall take effect as provided law. ~ BE iT FURTHER P, tSOL';ED that this Resolution be recorded in the minutes cf this Board, This ~esolut~cn adopted after motion, second an~ majority vote. Sene this Ca'/ cf , 1998. BOARD CF -~ ..... ;' -- ..... C ~,'4:~, i S S I ONERS '-O~L,: P ~$~.,~-v FLORIDA BArBArA 5. ~5RF,':', Chairman ATTEST: 3WIGHT E. 5RCCK, Clerk Appr.~ved as to For.-.. and Le~a! :-:ar]o~le M. StuOen:- ~ -- AGE e,O-' -7- NOV 2 ~/1998 Words . -' - ~' are deleted, words ;nderl:,~,~ are added. EXECUTIVE SUMMARy RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 92-60 RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125. 0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO ALLOW EXPENDITURES FOR MUSEUMS OWNED AND OPERATED BY NOT FOR PROFIT ORGANIZATIONS AND OPEN TO THE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ~: That the Board of County Commissioners adopt an Ordinance amending Ordinance No. 92-60, as amended. CONSIDERATIONS: The Board of County Commissioners enacted Ordinance No. 92-60, as amended, to impose a Tourist Development /ax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended. At a recent meeting, the Board of County Commissioners directed the County Attorney's Office to amend said Ordinance to expand the uses of funds to include museums owned and operated by not for profit organizations and open to the public. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance amending Ordinance No. 92-60. as amended. PREPARED BY: Heidi F. Ashton. Assistant County Attome57 Date REVIEWED BY: David C. WeJgel, Co"~fity A~.~ey 1/--~7 AGENDA ITEM Date NO.. 19 h:\hgXhfa'¢xSumma.n,\o^mendOrd92.60 2%TouriatDevclopment Tax NOY 2 I 3 ORDINANCE NO. 98- 5 AN ORDINANCE AMENDING ORDINANCE NO. 92-60 6 RELATING TO THE LEVY OF A 2% TOURIST 7 DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX 8 THROUGBOUT COLLIER COUNTY PURSUANT TO THE ~ LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION In 125. 0104, FLORIDA STATUTES, PROVIDING FOR I1 AM~tD~NT TO SECTION THREE CONCERNING THE USE 12 OF TAX REVE~ru'ES TO ALLOW EXPENDITURES FOR 13 MUSEU~4S OWIIED A~tD OPERATED BY NOT FOR PROFIT 14 ORGANIZATIONS ARD OPEN TO THE PUBLIC: 15 PROVIDING FOR CONFLICT AND SEVERABILITY; 16 PROVIDING FOR I~CLUSION IN CODE OF LAWS AND 17 ORDINA1;CES; AIID PROVIDING FOR AN EFFECTIVE I ~ DATE. ~9 20 21 " ........ Sect 125. ~ -' Sta ,,.-.r..-~.-.:, ion ~i04, r.of.lda tutes D~o,'~d~s for the .....~ ~= ..... : ~.~ a local c~ticr, tcurist dt-..~i~--~--o . - ~.~ ..... tax Dy am.7' county: 24 r;t. ;'2-~c, , ',;t~i~?_. .'e'.,ied and .,..~-.~o~r.-,...... a to.Jr~-._. and de'.,elopr, ent ha× 25 '~' ..... "' .... ~* '~ ....... " fc.r . ' ...... ~ ............. ,-.,~, the ~urposes ~ermltted :n Section 26 '2f. 21_'4, Fl~rida Statutes, as ar..~nC_~,= = and to uti!~z~, _ previously 27 coiie-_te~ tcurlst de'.'elc~ment taxes as authorized b'/ Chapters 25 92-i-1 ar, J 92-294, Laws cf F~.crida, enac'.e~ by the Legislature at 30 :';HE~£A$, the 59ard cf County C L.-.~.r.-' s s i one r s cf Collier '" ~ ~ --- :!eslres to '-~ .%e uses of 31 Ccun.:, k'/ at. extra~.d.r, ary 32 tax re'.'en::e and t~ur'=t .d...~ .... .... 91an; and 3~ :';H EF -'-AS, the proposed .... ~ ~ · a ....... men ~s were preseP, t ed to the 34 Csii:er Coup. fy Tourist DeveicFr. ent Council. 35 NOW, THERE.r'OgE, EE i- c-~''::--' ~v -u.- 36 CO:-:F:iSSi?::ERS OF CDLLiE? COU',:T':', FLC. PiDA that: 37 SETTlOr: SHE: AJ, endment to Sect:ch Three cf Collier '?zunty 3S Ordinance .... 92-c~ 39 Section Three is hereby amended to read as ' ~' ... 40 .~ .... 0,, THREE: USE OF TAX REVEHUES. 41 A. The tax revenues received pursuant to this Ordinance and a2 the tour:st tax revenues F-reviously co!lecte~ from Novembe 1990 a.% to Nc'.,e~ter 1991 pursuant tc Ordinance Ho. 90-43 shall h.e u~ed No. 44 fund the Collier Count}, Tourist Develc.~ment Plan, which is .~reby !. Words underlined are added; words ~.mc,t: '.hr-o~h are deleted. [3~,, '"~ ! ~ TOURIST DEVELOPMENT 3 The two percent (2%) tourist development tax shall be levied 4 throughout Collier County beginning the first day of the second $ mcnth following approval of this Ordinance by referendum. The 6 tax district shall include the ,:ntire geographic area of Collier 7 County, Florida. The anticipated revenue for a two percent I2%) S tourist development tax for all of Collier County over 9 twenty-~ ~ou. (24) month period is Seven Hillion Dollars ~0 ($7,006,000.~0), less costs of administration. ~1 The additional one percent ~%) tourist development tax 12 shall Y.e leuied througho;t Collier County beglnning the first day ~3 of January, 1996 and terminating on December 31, 1999. The tax ~4 district shall ~nclude %he entire geographic area of Collier ~5 County, FicrlCa. u._ the two percent (2%) tax ]7 '~"~'"~= ~' ~'~-' ~- ~'~" listed 18 the otter cf pr:crity and :nclude the apprcx:rate cost or expense ~9 ailccaticn for a twenty-four (2.;) mcr, th period for each project 20 or use as follows: 2~ "~ CATESC. RY A - To finance ~ ~ '- u~a..~ i~prove~e~t, m~inte~ance, re~ou..$ ..... eh., restoration and erosion control, 24 including pass and inlet maintenance. 25 26 Approximate cost Percentage of 27 cr expense a!locaticn ~et revenue 29 54,200,00C 60%, reduced by the amount 3,9 required for Category D. 31 32 CATE3OP':' B - Tc promote and'advertise county tourisr~ ~'ithin the 33 State of Florida, nationally an~ internat:onally, 34 which encourages Tourism with an erphasis on 35 ~f e ' ~ · The .. -sea.on vlsltcrs ~o C ...... r County 36 guidelines for Category B funding are attached as 37 Exhibit "A" anf incorporated herein. 39 40 Approximate cost Percentage of 41 or expense allocatlcn Ne~ revenue 43 ~ ~ 000 40% ....... AGENDA ITEM 44 45 The percentage of net revenue~.~-~n CateGory. B shall be fur herNO" 46 specifically allocated as follows: NOV 2 1968 2. pg. Words underlined are added: words ~m~ck '~e'~ arc deleted. ~ I la) For %Purism advertising and direct marketing - 3 $1,750,000 25% 5 2b) For local projects and/or activities which promote tourism - 6 7 $560,000 tO At least 8%, but up to 15%. $ $1,050,000 depending on amount 9 budgeted by the Board of 10 County Commissioners for Il Category C. 12 13 CATEGORY C - To acquire, construct, extend, enlarge, remodel, 14 repair, improve, maln%ain, operate or promote one 15 or more County owned museums or museums that are 16 owned and operated b~ not for profit organizations 17 and open to the public. 19 Approximate cost Percentage of 20 cr expense allocation Net revenue 22 ~O to $4~0,05~ A~ount budgeted for this 23 Category by the Board of 24 County Co~r, issioners each 25 fiscal year, but not to 26 exceed 7%. This amount may 27 be amended upwardly or 28 downwardly prospectively 29 from the date of the budget 30 amendment approval, provided 31 that the amount of the 32 aggregate allocation per 33 fiscal year budget amendment 34 does not exceed 7% of the 35 net revenue. 36 37 CATEGORY D - To acquire, construct, extend, enlarge, remodel, 38 repair, improve, maintain, operate er promote one cr mare f~shinq 39 piers which are publicly owned and opera%ed. 41 Approximate cost ?ercenta~e of 42 or expense Net revenue ~3 44 $0 to $200,000 Amount budgeted for this 45 Category by the Board of 46 County Co~.issioners each' 47 fiscal year, bu~ not to 48 exceed $200,000. This amount 49 may be amended upwardly or 50 downwardly prospectively 51 from.the date of the budget 52 amendment approval, provided 53 that the amount of the 54 aggregate allocation per 55 fiscal year does not exceed 56 ~200,000. ~7 AGENDA ITEM No. tn (::[. x NOV 2 q 1 68 3- Words underlined arc add,d; words ~m:k :hr~;h are d:l¢lcd. P~, ~ ; It is the intent of this Ordinance that the above uses shall be 2 funded separately, but simultaneously in the above percentages 3 regardless of the actual amount of net revenues collected. 4 Upon expiration of the additional 1% tourist development tax ~ as described in this plan, the Tourist Development Ccuncll may 6 r~cu-~- 'h,- B,,ard of County Com~is~ion~rs to review the funding 7 allocations at fJ';,~ '/ear 9 pursuant to Section Two (~) shall be used to finance beach 10 irprc'.'er, ent, maintenance, renourishment, res%oration and erosion II centre!. I~ 3. TLc revenues t~ be derive~ fret, the tourist development 13 tax ray be ~/edgeC to secure and i~quldate revenue bonds in ~4 accordance with the prc','i s ! or.s cf Section 125.010~, Florida .... - ........... a..~ re'.'enue refundlng bonds may be ]6 authcri~ed and issued in such Srlncipai ar:oun%s, with such ]7 in~ere_~ ra~es an~ maturity da~es, and subject to such other ]8 terr. s, conditions and covenants as the governing board of Collier ~9 Cour.~'/ shall provide. This paragraph shall be full and complete .~ ~.-~m~.~s.,,ng such ?zrposes, but such authority 21 ~'' ~'~ s~o~-~''al and ~''~cna: to and n~t in dero~atlon 22 of, any powers now existin~ or ia%er conferred under law. 23 .;. The event bonds are issued ky Collier County for any ~ the p~rpose~ enumerated by the iourist Sevelc~men% Plan, the 25 amount cf tourist development tax receipts used t9 pay debt 26 zer'.'ice cn suet, bc.n~s may excee~ the percentages provided for the 27 ~urpose fc.r '~ ~ ~ ~ ..... ~ such bon~s were issued; provided, however, the 28 r.~:.:ir, um annual debt service on such bonds, together with any 29 other obligations of Collier County whic~h were issued to finance .... ~.~; ....... s ~cr the same pur~ose and whlci% are secured by 31 touris5 development tax must not ~ ~,~ he · .xc_~, t sta~ed percentage of 32 tourist development tax receipts provided !n the Tourist 33 Development Plan for such purposes, as calculated as of the date 34 cf sale of such bonds. For purposes of performing 35 calculations described in this paragraph, the a=ount cf tcu] st 36 develcpment tax receipts shall be assumed to be the am nt 37 provided as such tn Collier Coun=y's im~media=ely preceding an ua! NOV 2 % 1998 4- ~ord% ~nderl~n~ ~rc added; word~ ~h~h are dclc~cd. I audit, plus, if the levy of such tax was imposed or increased 2 subsequent to the beginnin~ of the period which was audited, an 3 amount equal to '.he estimate by the County :-~anager of the moneys 4 the County would have received if the tax imposition or increase 5 had been in effect during the entire audit period. At or prior 6 to the issuance of bonds the County Manager shall provide a 7 certificate as %o the findings required in this paragraph, which c ...... cate shall be conclusive as to all ma%~ers provided 9 therein. l0 B. The above and foregoing Tourist Development Plan may not Il be substantially amended except by ordinance enacted t'/ an 12 t~ .... ' ' ~ of a ...... a.,;. vote a majority plus one a0Jitiona~ me~ber of the 13 Board of County Commissioners. ,- ....... ~ ..... SEVE~AB i LIT':'. 15 'r. the event thzs ordinance conflicts with any other 16 crdir, an:e cf Collier County or other a~plicable law, the mor~ 18 crdlnance is held invat:d cr unccnstitutlor, al by any ccurn cf c ~ ...... jurlsdlctlon,' ' such portion shall b~ d ....... a rate, 20 distlr~c%, a~d 1..Je~_.)~_nt pr&..-i~icn and such ~-~-- sha~ 21 af._:% the va!rd!fy ~f the rer, ain:r,g portion. 22 SECTiSN FOUR: i:;CLUSiC:: I}: T}ig CODE OF LAWS AIlS 23 The ~r~'.'isions of t~i= n-~ir, an-~ shall ~ ---= and b= . · ......... e ....... made a part 24 the Code cf Laws and Ordinances cf C~l!ier County, Florid.-,. The 2.% sec%ions of the Or~inance~ may be ren,~bere~ or rele~tere-J 26 acccr, pl ish such, and the word "ordinance" may be ahan~e~ to 27 " ' ic~e,,, sect[on', "art , or any c'ther appropriate wcr~. ..... : EFFECTIVE 29 ~0 This Ordinance shall t. ecsr~e effective 'J~sn filin7 with the 3] Secretary of State. 32 33 34 AGENDA ITEM ~ No. ~ (~- 5- PASSED AND DULY ADOPTED by a vote of a majority plus one of '.he Board of County Com.~issioners of Collier County, Florida, this day of , 1998. ATTEST: BOARD OF COU~:TY COMMISSIOI;ERS DWIGHT E. BROCK, CLERK OF COLLIER COU:;TY, FLORIDA By: BARBA~ B. hERR'f, CKairman ApprB'/e9 as to form and legal sufficiency: He~di F. AGENDA ITEM No. 6° Tk'o,rd$ uncl,~rtin~,~ arc added; word~ ~::~ ~h:~h arc dC]el~. EXECUTIVE SUMMARy RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE 92-18 WHICH CREATED THE TOURIST DEVELOPMENT COUNCIL; AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OR SPECIAL EVENTS; PROVIDING FOR CONFLICT AND SEVER..a~BILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~: That the Board of County Commissioners adopt an Ordinance amending Ordinance No. 92-I 8 to add a non-voting member. CONSIDERATIONS: On 3/24/92 the Board of County Commissioners adopted Ordinance No. 92-18 which created the Tourist Development Council. At a recent meeting, the Board of County Commissioners directed the County Attorney's Office to amend said Ordinance to add a non-voting member with professional experience in the promotion and marketing of special events. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOM'MENDATION: That the Board of County Commissioners adopt the proposed Ordinance amending Ordinance No. 92-18 which created the Tourist Development Council. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date AGENDA ITEM REVIEWED BY: No. ~'/(.,'J') - ' 'y O~d 9~.~ To,h. D~,.clop~,~t co,m~ -- AGENDA ITEM h: ~hcnnie~hraXex summ~ry'~-Amend ~3~_, /pg. I [ ORDINA2~CE NO. 98- 2 3 AR ORDINANCE AMZND ING ORDINANCE NO. 92-18 ~ R~LATING TO THE TOURIST DEVELOP~iNT COUNCIL, ~ ~NDING SECTION T',~O TO PROVIDE FOR ADDITION 6 OF A NON-VOTING ~ER WITH PROFE SS IONA/, 7 EXPERIENCE IN THE PROMOTION A2;D M~JU~ETING OF $ SPECIAL EVENTS; PROVIDING FOR CONFLICT 9 SEV'ERABILITY; PROVIDING FOR INCLUSION IN CODE [0 OF LAWS AND ORDINANCES; AND PROVIDING FOR AR ~ l EFFECTIVE DATE. 13 14 WHEREAS, on March 24, i992, the Board of County I~ Com~,i ssioners adopted Ordinance No. 92-i ~ which created the 16 tourist development council; and ~7 WHEREAS, the Board of Count}, Cc.-..r~'~$sicners desires to add a 18 non-voting member to the tourist development council. 19 NOW, THEREFORE, BE IT ORDAi:;ED B':' THE BOARD OF COUNTY 20 C9:.:MiSSIONERS OF COLLIER COUHTY, FLOriDA that: 22 SECTION ONE: A/~ENDMENT TO SECTION TWO OF COLLIER COUNTY 23 ORDINANCE NO. 92-18. 2~ Section Two is hereby amended to read as follows: 26 SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST 27 ....... ~'-' .......... 29 There is hereby established the Cc!flor County Tourist 30 Oeveicpment Council 'which shall be COr~Do~od of a m~nimum of nine 31 (9) mer~ers an~ a maximum cf n~n~_ %eh {?.: (I?) meriters who shall 32 be appointed by the Collier County Board of County Cem:nissioners 33 as set forth in this Ordinance. 3~ SECTION T~'O: AiqENDM~NT TO SECTION THREE OF COLLIER COUNTY 3~ ORDINARCE NO. 92-18 36 37 Section Three is hereby amende~ to read as follows: 3~ SECTION THREE: COMPOSiTiON CF MEMBERSHIP. 39 The membership'of the Collier County Tourist Developrent AGENDA IT£M No. 40 Council shall be composed as follows: NO'/ 2 1 98 4l (a) The Chairman of the Board of County Cor.-.,issioners of .AG EN DA ITEM Word~: underlLned are added; words ::.--..:k '-%:ougk are I Co!tier County cr an? other member cf the Board of County : C:r~,:ssioners as designated by the Chairman to serve cn the 3 Council. 4 (b) Two {2) members c,f the Council shall be e!ected ~ municipal officials, at ]east one (1) of whom shall be from the' 6 most populous municipality in the County or Sub-County Special 7 Taxing District in which the tar is to be levied. ~ (c) Three (3) mer~ers shall be owners or operators of 9 motels, hotels, recreational vehicle parks, or other tourist I0 accor~,odations in Collier County subject to any tourist I] development tax ievie~ pursuant to Section 125.0104, Florida 12 Statutes. 13 (d) Three !3) mer~ers of the Council shall be persons who 14 are inv:ive~ zn the tourist industry and who have demonstrate~ an 15 interest in tcuris~ development, bur who are not owners or 16 operators cf motels, hotels, recreational vehicle parks or other I? tourist acccr~.c~ations in Collier County which would be subject 18 to any tourist development tax. 19 (e) One (i) member of the Council ma~ be a~DointeJ as a non- 20 vctin: member. This member shall act as technical aJvisor to ~he 21 Counc~i an~ shall have professional experience in the 22 and marketin2 cf soeclal events. The Board, in its discretion, 23 ma'.' leave this position vacant if it finds that no ar~Dlicant is 24 ada=rarely ouaiified. 25 All mead. ers cf the Collier Councy Tourist Development 26 Council shall be elertors of Collier Count}' an~ the members shall AGENDA ITEM 27 serve at the pleasure of the Board cf County Com,missioners ~r ~O. :' staggered terms of four (4) years. ?ne terms of office of ~' NOV 29 original members shall be prescribed in the resolution appoint ~g 30 t~e original members. ITE~ 2- SECTION TH.:~E: COt;FLICT A~;D SEVEP3,BiLITY. in the even% this ordinance c3nfi:cts with an}. other crdlnance of Coll,_r County oF other aU~!icabie law, tF, e more restrictive shall ap~iy, if ar.':' ~nrase or portion of this ordinance is held invalid or unconstitutional by any court of' competent jurisdiction, such portion s~all be deemed a separate, distinct, and independent provision and such holding shall not a~fect the validity of the remalnin~ portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS ARD ORDINARCES The ~rov~$ions of this Ordinance shall b.c~.,_~ -~ and ~e :~ade a ~art cf the Cc~e of Laws and Ordir, anses cf Collier The sectlcns ~. the Ordinances may asc~m~'ish such, and the word "cr~inanse" ma}' be change~ to "sert~~-'' "article", or any other ap~rcprlate wot~ SECTION FIVE: EFFECTIVE DATE. Thl$ ~rdlnance shall ~er~re effer%ive upon filin~ with the 3esretary of State. ~ASSED AXD DULY ADOPTED by a vote cf a majority plus one of ~ne B~ard cf County Com~.iss~ner$ cf Collier Count}', Florida, this da'/ cf , 22 ATTEST: EZAED C,,~ COUNTY COMMiSSiO:;ERS 23 [,WIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 27 m... 28 5AF. tA~.~ B. 5ERR'f, Chairman :~ AGENDA ITEM .]0 A.:;prc;'ed as tO form and NO, 31 !e.~ai sufficiency: ' ,,-I , .x .'1.._.' Pg. ,,,, 36 Heidi F. Ashtcn AGENDA iTEM EX F. Ct'TIVE St:.',I?,IA RY RECOMMENDATION TltlAT Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 90-109, WHICtl ESTABLISIlED TIlE VANI)ERBILT BEACH AREA BEAUTIFICATION MUNICIPAl. SERVICE TAXING UNIT~, PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES~ PROVII)ING FOR CONFLICT AND SEVERABILITY; AND PROVII)ING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners consider adoption of an ordinance repealing Collier County Ordinance No. 90-109. to termina:e the Vanderbilt Beach Area Beautific.',:ion Municipal Service Taxing L'nit CONSIDERATIONS: The Board of Count,.' Commissioners adopted Ordinance ::o. 90-109, creating the Vanderbilt Beach Area Beautification Municipal Service 'l'axint: Unit A referendum was held to set the millage and the referendum failed On August .4. 1998. the Board directed the County Attorney to prepare the necessa~' docu;nents for Board action to abolish the taxing districts no longer needed. FISCAL IMPACT: None. GROWTtt .MANAGEMENT I~II'ACT: None RECOMMENDATION: That the Board of Coumv Commissioners adop~ the attached Ordinance repealing in its entirely. Ordinance No 90-109. PREPARED BY: Heidi F. Ashton, Assistant County Atmrnc', Date REVIEWED B Y David C. x,\ eigel, C'0untyt~,4torney /~at~5 h: ,hg,hra es: sum Vmderbill Beagh ..~ea ~aufifi~'ahon MS FI AG[NDA ITEM NOV 2 1998 pg ...... I 3 AN ORDINANCE I~£PEAI.IN(';. IN ITS EXTIRlYIY. COI.I.i[R 5 BEAUTIFICATION MI'NI('II'AI, SERVI('I: TAXINf; I'NI'I: 6 PROVIDING FOR 1NCI,I'NION IN COII~S OF I,AXV~ ANI~ ? ORDINANCES: PROVIDING FOR CONFI,ICT AND SEVERAIllI.IT~: ~ AND PROVIDING FOR AN EFFECTIVE DATIL 0 10 WIIEREAS. Ihe Board of County Com~smners ad~p~d O~dmance No 9o. 109. ~hlch cr~a~cd thc 11 Vand~rbdt Beach Area Beaultficalmn Mumapal Scn'~ce Taxing Unto and 12 WttEREAS. lh~ B~atd o~ County Commls~mner~ dcs~tc~ In te~ma:e ~he Var, derh:h B~ach Area 12 Bcauhficatmn Mumapal Sc~'~cc ~axm~ 14 NOW. ~IFRFFORL BE II ORI)AINI.I) BY TI Il: B()ARI) r~I' COI'NTY COMMISSIONERS OF 15 C'OLI.IER COt ~N'I'Y. FI.ORIDA 17 Cnlher Coun~ Ordinance No 90.1 fig. l~ Ecrchy repealed m lis ent~ret'. 18 SECTION '[W() INC'I.I'SlrJN I~C Till; ('ODI. C)F I.A'?.'S AMI) r)RDI~CANr'I. J9 J~c prrw~smns r,f tt, t~ Or(hnar, ct. si,MI bt'crone and bc m:~dc a par: r,f thc (~ dc *d I.a~ ~ ~nd Orthnancc~ 2(I of C'oll~er ('ounty. Flnr~da. ~c scrlmns nf thc (~rdm~ncc ma': be rcnumhctcd ~,r re-lettered lr~ acc,mph[h 21 such. and lhe word "ordmarcc" may bc chan~cd t~ ' ~vcmm". "a~tc}c'. or ~ny oIhcr apprnTr~:~ word 22 5[CT~N TIIRE[ CONI'I.I('I AN[) SI~VI~R.,XBII.I'I Y 23 I~ thc event Ih;s Ordinance contract, ~:lh ri:her ~pphcable .~ la'a. the m{,rc re~mCllV~ shall appl> If a".'. ~q tmconst;tu:~onal by any eou~ of compclcm .jur~sd:crtor. such p{~;n~ ~ "be deemed a ~cparatc. d~stmcl and 26 mdcpendem provmon and such holdm~ shall nt~l 27 SECTION FO~: EFF[C'HVF DA'I I: 28 ~s Ordmanc~ shall be cflkclwc upon fi hn~ 29 PASSED AND DI'I.Y ..XI)~I'TFD b5 tt~c B,~Trd r,~ (' ~::n% (',*mml?:ont.:~ of Co hc: ('nunry. Fh?~da. 32 DWIGIIT E. BROCK. CierL 33 34 35 BY: BY 3(' 3$ Approved a~ lo fora and lega! 41 ,.,, 2 q 19S8 E×ECt'TI',,'E St'.Xl.XlA RY RECOMMENDATION TtlAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 80-54, WltlCII ESTABLISIIED TIlE MARCO ISLAND COMMUNITY CENTER MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of Count`.' Commissioners consider adoption of an ordinance repealing Collier Count,,' Ordinance No. 80:54. to terminate the Marco Island Community Center Municipal Ser,,'ice Taxing and Benefit Unit CONSIDERATIONS: The Board of County Commissioners adopled Ordinance No. 80-54, creating the Marco Island Community Center Municipal Service Taxing and Benefit Unit This district has never been funded. On .August 4. 1995. the Board directed the Count,,'. Attorney;to prepare the necessary documents for Board action ~o abolish the ~axing districts no tonuer needed. FISCAL IMPACT: None. GROWTIt MANAGE?,IENT I.MPACT: None RECOMMENDATION: That the Board of Count'.' Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No 80-54 PREPARED BY: Heidi F. Ashton, Assistant Count`.' Attorne', Date REV'IEWED B Y David C. Weigel, County aS./torney i h: X.hg ,hr~ ex sum ,Xl~co Isl~nJ Communit.~ C,mler Munic ~p:~l ,'4¢r', ..'e l~xing amd Bcn¢fi: L'nil -., ,, No. "? · NOV 2 19 8 3 A.',* ORI)INANCE Rrl'r.,~l.I','C;, IN ITS ENTIRETY, C¢)r.I.IER 4 COVNTY ORDINA%r('E N(). ~0-54, Till: M.IR('O IM.~ND ( COMMI'NITY ('ENTER 511'NI('II'AI. (' BENEFIT I'NIT: PROVIIllX(; FOR IXCI.I'SIOX IN ~ AND ORDINANCES: I'I~OVIIHN(; FOR ('Ox'l I.l("r .~ x'l~ ~ SEI~RABII,ITY; AND I'ROVII~IN(; F(]R AN [FFE('TIVE I~ATE, O lO WIIEREAS, lh~ Board of County ('omm~ssmncrs ~dnplrd Ordinance ] ] Marco Island Community C~ntcr Mumc~pal Se~'<c 'l'axm~ and Bcnc~ Un:t and 12 WHEREAS, lhe Board of Cmmry Comm~s~)nncrs dc~,rc~ lo lc~ma~c thc Marco N]and Commum~y 13 C~n~r Mumcmpal Sc~'~c~ Taxing and Bcncfil I'n:: 14 NOW,~IEREFORE, T~E H ORD.SINFD BY'HH~ BrL-sRi)CII COI'NFY C'C)M',II~SIONERSOF 15 COLLIER COl ~TY, FI.ORII)A 16 5I:CTION CN'E REPEAl. OI'( OI.I.H I~ C~)I 'NFY C)RI)INAN'CE Nr) ~<~.5~ ] 7 Colhcr County Ordinance No ~c~-54, ~ hcrch~ rcpt'a]cd 18 bECTION' TWO INE'I. USIO~ IN Till ct)Dr., r,~ I...xws I0 Th~ provlsmns oflh~ Ordinance ~h;d~ bec,mx. 2nd bc ~ - . ma,.t, ,~ par~ o:'l~c ('od~. of l.aws ~nd (}rdmanccs 20 of('olhcr Counts. Florida ~c sec~mnq of lbo r}rdm~nce n',a,, bc rcn'.:mbcrcd ~,~ rc-lc::crcd m accomph~h 21 such. and the ~nrd "ordlnancc" may be ch2n~ed Io "st'c::on'. "~ .... ~'" ~,' 2n'. o:hcr aTl~rop:;2~c ~ ord. 22 [[CIION TttR[E: CON[I. I("I AND -.~ In Ibc event lh~s Ordinance conl~Cl~ v. ~h any o:kcr Or,i:n:mcc of ('o',!,er (',,:m:5 or other apphcah!t -- ]a~k. Ibc more res~rlCl~e ..... , app.> h' ~-' -:-- ~r poNron nf .~,o (~,d ..... ~. bt. Id mvahd or 25 unconst~tutmnal by any court of compe t'nt tmtd:c:;c · sue}: po~)r)n ' -' hc s~a.. deemed a ~epara~c, d~stlnct and 26 independent prm'~mn and such holding shall no: nf:'cc: '=, ' ' · o: IE: rem~:r :r.= p{,r:mr 27 ~ EFFECTIVE DATE 29 PASSED AND DUI.Y AD(JPTED by the Board ol ("oun:,, 3t A~ES'I': Itc)..M{D ()F Cf ~[ 32 DWIGIt'F E. RROCK, Clrrk ('[)1 I lhR COl 'NIY. I:~ 33 34 3(, }t.-~RBARA B BI RR'f. ('ha?m::.: 3~ Approved as ~, l~m~ and tel, al suffic~enO- 41 a2 }~*,,~,~.,X~h~,,,, AGENDA II[g 0 v 2 q 1998 P~. EXECI'TIVE S I.'.~ISIA R'Y RECOMMENDATION TllAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPI AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 90.104, WlliCll ESTABIASI1ED TIlE TURNBURY SUBDIVISION STREET 1.1GliTING MUNICIPAl. SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PRO\'IDING FOR CONFLICI AND SEVERABILIlY; AND PROVIDING AN EFFECII\'E DATE. .OBJECTIVE: That the Board of' County Commissioners consider adoption of' an ordinance repealing Collier Count.,,' Ordinance No 9i)-104, to terminate the Turnburv Subdivision Street Lighting Municipal Service Taxing Unit CONSIDERATIONS: The Board of'Coumv Commissioners adopted Ordinance No. 90-104, creating the Turnbury Subdivision Street Lighting Municipal Service Ta,:inu Unit On Augmst 4, 199g, the Board directed the County A~tornev to prepare the necessar'x ~ocuments for Board action to abolish the taxing districts no fontset needed FISCAL IMPACT: None i! GRO~VTlt MANAGEMENT I.XlI'ACT: None. RECOMMENDATION: That the Board of Count,.' Commissioners adopt the attached Ordinance repealing in its entirety. Ordinance No 90-104 PREPARED BY: Heidi F. Ashton. Assistant County A',tornc. v Date REVIEWED BY: ! David C. \Veigel, Couw,..~." Attorne,, h: ,hg,h/'a ex sum Tumbuv,.. Subd~v sion S0'eet Lighting .",luni:,pal Serx ice 'I'a ~;mg k'nn AGENDA ITEM 3 AN ORDINANCE REPEAl. INet. IN 1"I'.'4 IqNTIRF. TY. 4 COUNTY ¢)IIDINAN'C'E NeL oil-ltl4. TIlE TI'RN'III'R~' -~ STREET I.If;IITI'V(; .'qI'NI¢'II'AI. SEIIVI('E TAXI%'¢, I'NI'I: 6 I'IIOVIDINf; FOIl IN'C'I.I'SIfIN' 1\' ¢'OI11: ¢)I' I..A~v'., AND 7 ORDINANCES: PI{OVIDIN¢; FOR C¢)N'FI.I¢'T AN'D SEVER.'dUI.I'Iy: $ AND PROVIDING I-'¢)R AN EFYECTIVE 9 ltl WtIF. REAS. the Board of Countv ("nmml,,(loncr~, adopted f)rdlnance No 90-1()4. v,'h;ch crealed thc 11 TumbuD. Subd,.'mon S~reet l.~ghung Mur,~¢tpal Sen ~c.c 'I'axmg l.;nm and 12 WItEREAS. thc Board nf {'mmty ('omm s,, r nets dc,,~tc,, m tcm~matc thc '[-umhuE. Suhd~'~mn Slree! 13 l.lghtmg Mumctpal Sen'icc Taxing 14 NO's\'. TIIEREFORE. BE I'1' ORI)AINEr) F~V TIlt: BO.-',.RD OF COl %'TY Cr)M:,dlSSlCJNERS OF 15 COLLIER COUNTY, FLORII)A 16 ~ RIi['[:/\I. t'H C'OLI.I[.F, COl 'N'I ',' ¢)Rr)IN..XXC'Ii N() ]7 ('olhct CmmLv Ordm-,ncc N, bt .Ir 4 is I',etch.x rcpcaI,.'d m ~.t I ~ s!r'('Ttr't\' V'O ...... ].:=.~' INCI l!.qlON IN' Till CC)iH. (H I...\\V.$ AN'I) lO '[~,c prnvL(mng oflhls ¢)rdm,,.ncc ~:,ll bce,mc am! b.: made a pa~ nC Iht' ('ode of I a:~ s and Ordmanee~ 20 of ('olher C'oun:y. }:}orldg Thc ~ectlon! of Ibc (;rdln.'mcc ma', bc rcnumhcrcd ,,r rc-lc::cred to accomphsh 21 such. anti the ;~ord "ordinance" may be changed t,, "sC'Clmn". "ar:tole". n.' ar..~ omcr appro?r~a:c word 22 5E.C.T~. CO\FI.[CT AND S[{\'I~R..'dt!I rr 5' ": in thc ex.c=: this Ordm, ance- -" :, o:kc.' C rdm',.~,',. ~"" ~ . ' -' CO,..,l. :'. 11}/ ii.".', . other . .-. la~. the more res:nctwe ,h'~!~ ap?!.., l: ~ .... ,~'".,.. or ,,,-, ..... c,:' l}:c (~d:r.:m.';. 25 unconstt~unonaI by =ny court of compclen: .lUr~sd:cm,.-.. st:ch pr,moz sea'.! bc decreed a separate, distm¢! ant[ 26 independenl provmon and such holding shall nm a(tcct ~he valld~L~ o:' :he re.ma n ng 2' .SJ~'J' ION rot:~: EFFECT[\'E D.VI t 25 This Or&nance shall he ef!'eetl:'c upon fihng ~ ,h th: l iond:, Depar:mem of hta:e. 2¢~ PASSED AND DI.'I.Y AD(gPTED 5~ thc I~oard of C'c,t::;~v ( omm:~s:( ncr, n~( 'other ( ount.~. Flnrt,!~. .lfl tn> dayof . 31 ..VT'TES'}: BC)'~r,',I~l)[ ('¢ t[ 'N'7 'f ('C )5 M 32 D;VIGII'I I! I'IROCK. Clerk Cr)I I ILR COI'NTY. Fi (RH) 5 36 37 [L.\R/S.'~V,..\ B Bi:RRY. ( 3,c Approved a~ Io form and legal sUf'l]Clcn,:v 39 ' ' 4h , 42 ~te,d~ r..-~h:,,.~ AGENDA iTEM J3 ..\;,)(lan: ('(~tlrlt~ :'~tn,q'l;2; NO. Pg. ,, EXECUTIVE S L'.~I.MA RY RECOMMENDATION TtIAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 80-20, WttlCtl ESTABLISitED TIlE EAST NAPLES FIRE HYDRANT MUNICIPAL SER\'ICE TAXING DISTRICT; PROVIDING FOR INCLUSION Ih' CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERAB1LITY; AND PROVIDING AN EFFECTIVE DATE.i OBJECTIVE: That the Board of' County Commissioners consider adoption of an ordinan/:e repealing Collier Count)' Ordinance No 80-20. to terminate the East Naples Fire Hydrant Municipal Sen'ice Taxing District. CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 80-20, creating the East Naples Fire Hydrant Municipal Service Taxinc, District On :\ut:ust 4, 1998, the Board directed the Count,,' Attorney to prepare the necessar'v documems for ~Board action to abolish the taxing districts no longer needed. I .FISCAL IMPACT: None. GROWTil MANAGEMENT I.~IPACI'. None RECOMMENDATION: That the Board of' County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 80-20. PREPARED BY: ~ Heidi F. Ashton. Assistant Count,.' Auornev Date REV'IEWED BY: David C. Weigel, Count)C-.Attorney / ~-~?~, -- h: '~ghf~ ex sum.~ N~pI~ Fir~ }ly~l Mun;c~pal S~ Tax A~NDA ITEM NOV 2 PN. 3 AN ORDI%'AN('F: REP£AI.I.'~'¢L IN IT~ ENTIRFT~. COI.I.IER 6 Ff)R I%'('I.I'SION IN ('fIDE OF 1.4~v.~ ANI) 7 PROVIDING FOR CONFI,If'T A~'D SEVERAIIII.ITY: AND 8 PROVIDING FOR AN EFF'EC~ IVE DATE. 9 I0 WllEREAS. the Board of County ('omm ssmners ~d,p:cd (}rdmancc No ~( .2t. xvh~ch crca~ed ~hc hasl 11 Naples Ftre Hydrant Mumctpal Semce Taxing Dmnct: and 12 WHEREAS. the Board of CounD' Corem s~ oner~ des~re~ m ~e~ma~e ~he [:a~: Naples Fhre Ilydranl 13 Mumctpal Se~'~ce Taxing Dtsmcl. 14 NOW. TIIEREFORE. BE l'F ORDAINLD IlS' TIlE BOARD Of COI'NTY COMMISSIONERS OF 15 COI.LIER COUNTY. FI.ORIDA 16 ~~ RFPEAI. OF ('()l.l.lI.R ('r}l 'NTY r~RDINAN('I Nc~ 17 Co her County Ordinance No. ~n.2o. ~ hereby rcpzakd m ,s enUrc~5 2(~ of Colher ('ounl¥ Florida ~c ~ccho~ ~t Ibc (mrdmancc ma'. by rcn::m~crcd or rc-~c,crc,i lc-, accomph~h 21 such. and the word "ordinance" ma~ be cha~L, cd n, "~ecu~". "amck'. o~ a~)' ,'~z~ ~Dprc~pn~;c 22 5E~~: CONFI.ICF AND SEVERA[~I! FFY 2) In Ibc ex'em thls Ordmar, cc co~:%c:, xx~:i., a::,. o:hcr ()rdma~:e of { , Ibc- m;n:v or other apphcablc 24 lax~. Iht more restrlctwe shall apply. If aox p~ra,c or pomo= of thc Ordinance ~ hem mvahd or 25 unconst,utlonal by any court of compe en ur ~( 'coo- such pomon shall be deemed a scparale, d~mnct and 26 mdcpendem provmon and such ho!drag shah nm a~:cc: ~ke vZ',dm, nf fl~e rcmammF p-n ,n 27 SECTION FOU~: EFFECTIVE DA'I E 2g ~s Ordinance shah he effccuve upon filmg ~ nh thc Florida [~epanmem r~ 29 PASSED AND DUI.Y ADOPTED by ~he t~oard oft 'numy (',,mm~ssmner~ -f ('o~hcr ('c,:nt). Flor,Ia. 32 DV.'I(ilFI' I IIROCK. Clerk ('[~Li.H'P, c'(~l','ry, 3F " )5 BY. I~'~' F7 [L.XRI~ARA It l~[:i.:l'.Y. ('na~m~. 3S Approved as :o fo~ and legal suffic e~cv 39 ' ' .- ~c,d:r..,x,h,,. AGENDA ITEM 43 ,A~sls~an~ Count)' ,.Mlemt,:, NO. ' ' i~ . NOV 2 Pg. ,. EXECUTIVE SUM.MARY RECOMMENDATION TtlAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 76-58, AS AMENDED, WtllCtl ESTABLISHED TIlE WESTLAKE M'UNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PRO\'IDING FOIl CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. .OBJECTIVE: That the Board of Count,,' Commissioners consider adoption of an ordinance repealing Collier Count). Ordinance No. 76J58. as amended, to terminate the Westlake Municipal Services Taxing Unit. CONSIDERATIONS: The Board of Count,,. Commissioners adopted Ordinance No. 76-58, as amended, creating the Westlake Municipal ~ervices Taxinu Unit. There are no funds in this taxing district. On August 4, 1998, the Board directed t~'~e County Attorney to prepare the necessam' documents for Board action to abolish the taxing districts no' longer ne'eded FISCAL IMPACT: None. GROWTII MANAGEMENT iMPACT: None RECO.MM'ENDATION: That the Board of Count3. Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 76-58. as amended. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date REVIEWED BY: David C. ~'elc, e], Count~t,,ttorne3. / b~:.~.c' - h: '~hg'h£a cx sum 'We~la.kc .'-.IS'fl.' I (')RI)IN/*,N¢'£ NC). 0~. 3 AN ORDINANCE REPEAl.lNG. IN IT~ ENTH~ETY. COI.I,IER 4 COUNTY ORDINANCE No. 76-~8. AN AMENi)ED. Till' WE~31,.XKI' 5 MUNICIPAl, SERVICES ]AXIN(; I'N'I3: I'RfIVII)IXG FOR fi INCLUSION IN CODE Of I.AwS AN'I} ORIHNANCES: 7 FOR CONFI.ICT AND SEVERABII.ITY: AND PROVIDING FOR 8 EFFE~IVE DATE. 9 lO WtlERLAS. the Board of County Comm~ssm~crs adop:ed Ordinance No 76. f~. a~ amended I 1 Ordinance No. 87-39, which created the Westlakc Mumc:pal Se~':ccs ] axing Um:. and 12 WIIEREAS, lhe Board of County Commissmners de~rc~ tn le~lnate the 13 Taxm~ IJn~t. IA NOW, TIIEREFORE, BE IT ORDAINEI) BY Ti{E BOARD A[' CAI'N'IY COMMISSIONERS OF I~ COLI.IER COl ~', FLORIDA tha:: 16 5L~IONONL REPEAl. OF ('OI.[.II.R ('f)t 'NTY c)RDINANCE NfL zt,.Sh. Ag 17 Collier CountyOrdmanceNn 76.5~,asamcndcd.~herebyrcpzaledm~,emtrc:,. 1S S[CT~. INCI. USION IN TIlE COI)L Ol I...XWN .,XND ORDINANC'F 19 The prnx'lSlO~S of Ibis Ordinance shall become and br made a pan of the ('ode of l.a~ ~ and Ordinances 20 of Collier Count.,,', Florida. ~r sect:ohs of the Ordinance ma:, be renumbcred or re-tellcrrd to accnmphsh 21 such. and the word "ordinance" may be chaE~ed tn "seci:o?, ' arhc~c", nr an) olher 22 SFCTION TIIREI-: CONFL[("I AND SFVERAB!I.ITY 24 la~. the more restrictive shall app:y. If any phra,u i~r pomon of thc Ordinance 25 unconstitutional by any court of competem junsd~cm,r~, such pomon shall be deemed a separate, d~slmcl and 26 mdependenl prov~smn and such holdm~ shall no: afl'cCI Ibc xa~d::3 of IEc remain n~ 27 SECTION FO[,'R: EFFECTIVE DATE 25 '~1~ Ordinance shall be effecm'c upon fihng with thc Fionda Dep=~men~ 29 PASSED AND DULY ADOPI ED by tke Board of Cotm!x ('o~m~ss~{,:lrrs of'('olher ('oun~5., l';orlda. 30 Ih;, dayof . 10% 32 DWIGI{~ l: BROCK, Clerk C(H.I. IER CC)I'NTY. FI.GRID.', 34 35 BY 36 BAR[L-~RA B. tH:RRY. 3g Approved as m ~ ~nd le~a! sufficiency: ~2 }t~,d, [.~h,.n AGENDA ITEM ' . aa Assistant County Attorney ~0, N0V 2 EXECUTI\'E St'.Xl.XlA RY RECOMMENDATION TIt..tT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 76-64, WItlCtl ESTABLIStIED TIlE PORT-AU-PRINCE MUNICIPAL SERVICES TAXING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of' County Commissioners consider adoption of' an ordinance repealing Collier County Ordinance No 76-64. to terminate the Port-Au-Prince Municipal Services Taxing District. CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 76-64, creating the Port-Au-Prince Municipal Services Taxinu District. On ..\ueust 4. 1998, the Board directed the County Attorney to prepare the necessar?..'~ocuments for Bo~ard action to abolish the taxing districts no longer needed. FISCAL IMPACT: None. GROWTIIMANAGEMENTI.~IPACT Nor;e RECOMMENDATION: That the Board oF County Commissioners adop[ the attached Ordinance repealing in its entirety, Ordinance No 76-64 PREPARED BY: Heidi FAshton. Assistant County Attorney Date REVIEWED BY: : David C. Weigel, Counff Attorney ~'~ h: *.fig ~a ex sum'P~-Au-Prince Municipal Sen'ices Taxing AGENDA ITE~d NO. '" '. '- I ORIH.NA%C'E NC). 2 3 AN ORDINANCE R[I'[AI.ING. I~ ITS [~TIRETV. COI.I.IEII 4 COT'NTY ORI)I%'ANC'E N'(). ~6.64. A% AM[XD[I). 'HIE I'OR'I.AI . ~ PRIXC[ MI'~I('IPAI. S[IJVIC'ES TAXING IHSTRIU'I: fi FOR I~CI,I'SIOX I~ ('ODE ()F' LAWS AXJJ ? PRO%~DING FOR CONFI.ICT AND SEVERABII.ITV: AND 8 PROVIDING FOR AN EFFECTIVE DATE. I0 WIIEREAS. Ihe Board of C'oumy Comm~ss.~ners adopted Ordinance I I Ordinance No. 77-20. which crealed Ihe l'omAu-l'rmce Mumcpa~ Se~'~ce~ Taxing l)~s:nc~; and 12 WHEREAS. the Board of County C'omm~s~mners des~re~ m tc~m~e Ibc Por~-Au-l'rmce Mumc~pa~ 13 Se~'ices Taxing District. 14 NOW. TIIEREFORE. BE IT ORDAINI[[) l~h' ~IH' BOARI) OF COt'N'FY ('C~MMISSIC)NERS OF 15 COI.LIER COUNTY, FLORIDA 17 ('olhet County Ordinance Nh. 7t,.6~. as amended. ~5 hereby repealed m IS SFCT1ON TWOS. INCl,1 'SI()N IN' TIlli ('C)I)~ (sFI.AWSANI)r~RDINAN('L 19 '~e prov~smns of th~s Ordinance skall become :md bc mede a pa~ o5 tee (',dr nf I.aws and C)rdmanccs 2r~ of Colher County. Florida ~e sectmn5 nf Ibc Ordmancu m2~ he rcn~m~crc.~ nr rc-ld~cred t~, nccomph5?; 2 i sach. and fl~c word "ordm2ncc" m~v be. chanec,~ t,'~ "5c:~:n::". "arncie'. ~r any o:kcr 22 SECTION ~IRFI: CC)NFl,ICl ANI) S [VERA.4'..t ~.:.as, z of('r,',hcT( ou-"..., oy I.:hcr ~pphc~bic 24 laxx. the more restr~ctwe shall apply If an,.. ?hra,c or pnmon of the 25 unconsmunonal by any coum of competcn )ur~thcl.,o~. s~:~h pomon st:;d] be deemed a separate, d~snnct and 27 S~~: FFFEC FIVI: 28 '~s Or&nance shall he effcctwe upn~ fihn~ ',~.i~ ~h~' l:~nrx~a Dep~nmem 2~/ PASSI:D ANI) DI ;I.V AD(')P TI.I) i~:. Oic R.arJ .( ('ntmt:. ('on:m~s~n.:~c:~ ~,: ( ~,lher C'oum?.'. 32 DWIGIIT I: BROCK. Clerk (~) .I.lt~R ('OI'N'IV ~ 1.6~RIDA 34 36 H.XRBARA B. [~i-.RR~, 35 Approved us Io fo~ and legal suffic~cncS': 39 40 ', EXECUTIVE RECOMMENDATION TIIAT 'FILE BOARD OF COUNT~' COMMISSIONERS OF COLLIER COUNT~' ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 90-110, WIIICft ESTABLISIlED TIlE VANDERBILT BEACtl AREA STREET LIGitTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PRO\'IDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners consider adoption of an ordinance repealing Collier County Ordinance No. 90-110, to terminate the Vanderbih Beach Area Street Lighting Municipal Sec'ice Taxing Unit CONSIDERATIONS: The Board of Count',' Commissioners adopted Ordinance No. 90-II0, creating the Vanderbilt Beach Area Street Liu[~tinu Municipal Service Taxing Unit. On August 4, 1998, the Board directed the Count.,,' Attor~ex' t~ prepare the necessaa, documents for Board action to abolish the taxing districts no longer needed FISCAL IMPACT: None. GROWTHMANAGESlENTiSlPACT None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance ,",'o 90-110 PREPAR.ED BY: t tieidi FAshton. Assistant Countv ..\tlornev Date REVIEWED BY: David C. Weigel, Count.'~Attorney Date h: '~S hfa ~x sum V~de~ill ~azh ~ea S~eet Li~ling Municipal Sv~'~/e ] axin~ l'n~l_ AGENDA ITEM ] ORIHNANCE N{). 98- 3 AN ORDINANCE REPEAI.IN¢;, IN ITS ENTIRE'I'~'. Cf)i.I.li:R 4 COUNTY ORI)INAN('E NiL Ofl. I Iff. AlgOl ISIIING 5 VANflERflII.T flEACII AREA STREET I.IC;IITIN(; MI'NIC'II'.II. 6 SERVICE TAXING I'NIT: PROVIDING FOR INC'I.I'SION 7 OF I.AIVS AND ORDINANCES: PROVIDING FOR ('ONFI.IC'I AND 8 SEVERABII.ITY: AND PROVIDIN(; FOR AN EFFECTIVE DATE. 9 11 WIIEREAS, Ibc Board of Coumy Comm~s~mncrs adop:ed Ordinance No 9n.I Ir ~l,ch creacd thc 12 Vanderbflt Beach Area S~eet l.~ghtmg Mumc~pM Se~ ~cc TaxtnF Umw: and 13 ~qlEREAS, the Board of ('tomb' ('omm ~ mers dcs~re~ m abohsh ~he Vanderbfi~ Beach Area Stree~ 14 Lighting Mumcipal Sen'lee Taxing Unn. 15 NOW, ~IEREFORE. BE IT ORDAIN[(D 11~' T~fE H~hRD OF COl ~N'[Y COM.MISSIC)NERS OF 16 COLI.IER COLd, T, FLORIDA ~ha'.. 17 ~ECTIONON~: REPEAL OF COI.LIER COI'NTY aRDINANCE NO. 90.~ I fi Colher Count, ~dmancc No. 9n. I I() ~ berth:, repealed m n~ 19 fiECTION TWO: ~CIA~SION IN THE CODI~ ()l 1.AWS ANI) C)RDINANC'[; 2(~ ~e prov~smns oftb~s Ordinance shall becomz and be made a pan ~I :he ('ode o~' I.ax~ s and Ordinances ~I of Colher Counw. Hot,da ~e secnons of ~ ' . 1,,. C~rdmancc ma'. b~ renumbere,! or re-le::ered :. accomphsh 23 ~OX TIIREI2 CONFI. I('T AND SLVI.RAI~ILIIy -- In the event th~s Ordinance con~w~s x~:k a:,. o~her Ordinance of ('alhcr ('mm~v nr o:her apphcablc 25 laxv. the more resmcnve shall, apply. If ar,i. phrase or pnmon of ~he Ordinance ~s held mvahd or 26 uncr, nst~m,onal by any chun of competent junsd~c,on. ~uch pomon shal! be deemed a separale. [h~mcl and 27 independent prnvmon and such holding shall nnl al'feel H~c xai~d~i>, of IEe remaining 2S 5~5 FOL'R: EFFECTIVE DATE 2t~ 'Vms Ordinance shall he eft'ecnxe upon fii:n~ ~;:k :k.: Fk, nda l)z~anmex~ c,f St~:c. 3n PASSED AND I)t'I.Y ADOP'FIiD h,. :i:e I~na:d ~,:' ('n:~nty C ~,mm~ssmner~ n:' (-'o!her C',,unt}. Fi ~rMa 32 ATFEST BOARD OF COi'NTY COMM SSIt)NFR}; 3' 3'~ Approved as to fo~ and local sufficiency: EXECt;'TIVE RECOMMENDATION TtlAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLI,IER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 71-8, WttlCtl ESTABLIStlED TIlE WATER MANAGEMENT DISTRICT 6: PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of' County Commissioners consider adoption of' an ordinance repealing Collier Count)' Ordinance No, 71-~, to terminate the Water Management District 6. .CONSIDERATIONS The Board of' County Commissioners adopted Ordinance No. 71-8, creating the Water Management District 6. On'Aueust 4, 1998, the Board direcled the County Attorney to prepare the necessan, documents for B~oard action to abolish the taxinu districts no longer needed. .FISCAL IMPACT: None GROWTtlMANAGEMEN-FiMPACT: None RECO,~I.MENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance PREPARED Heidi F. Ashton, Assistant County Attorney Date REVIE\VED BY: / David C. Weigel, County~ttorney Dire - AB~N~/~ IT Els~ No. If' - ] ¢)Ri')INAN('E NC). 3 AN' ORDINANCE REPE,M.ING. IN ITS E~TIRETY. ¢'¢)l.l.llql~ ,4 COI'NTY ORDINA'~¢'I] Nf). 71.8, TIlE WATEil 5 DISTRICT 6: I'R¢')VIDI.\'C, Ff)R IN¢'I I'Slf)N IN' ¢'¢)1)E ¢)1' I...'~ V~ ,,, AXIl 6 ORDINANC'E.'¢: I'R¢)'VII)IN¢; F'()R C()NFI.ICT ANT) SEVER..'~,IIII.I] ? AND PROV'IDIN(; F()R AN EFFECTIVE I).&TE. 9 \VIIERF. AS. thc Board of County Co:'n,m .'.$mnc.,'.~ adop:cd Ord:nancc .'x',, "I-S. '.',h~ch created Thc 10 Water Managcmcn! DtstncI 6; and ] ] WIIEREAS. thc Board of CounLv C*~mm,ssmncrs dc~rc.~ to tcrmmatc thc Wa~¢r Management 12 6. 13 NOW. TItEREFORE. BE IT ORD,',,INI]D BY "l'lll':. BCb\R~ cfi' ("F~'NT'~' CC~MMISSIONI:R.~ C)F 1,4 COLLIER COUNTY. FLORIDA that: 15 S£.~ REPEAl. OF COl.[ I[R COl ",'TY ORI)IN,-\N('E NC) '1 .'.. 16 Cnlhcr COT nLv Ordmancc No. ?1-~,. ~s hcrchy r~.'pcalcd m ~t~ cn!~rc:,. l? SECTION' TW() l",'('l.l.'$lOX IN 'IIIE C()DE Cfi: I_,\ WS ..\ NI )ORDIN.,\N('I. I~ Thc pros'lsmns of this C')rdmancc shall }',c'cr~mc ant! hc mad. c a pan of thc. ¢'odc n£ l.a',,, · and ¢)rdmancc~, 19 of Colhcr Count:,'. Florida. ]'he scctlnn/ of Ih,.' ()rdm2nc¢ m;:'. ~.:. rcnumh,,,red or re-leUcrcd ~r, accomph,k 2(~ such. and lhe word "ordinance" ma'..' be changed In "scctmn". "amcte'. er ,"my ~'~:hcr a?;"r~?r~,'~;c 21 ~L' CONFI.1C'I A.ND .qF\'ER..\[~II.I Ih' 22 In the event this Ordinance con:2 c':,. x,,~;; an,. ~-,~hc: ():dmanc¢ of C'c,P.~c: ¢'m:r.:x or r,!hcr apphcablc 23 I.',~. thc morc r¢~lnctp,'¢ shall apply. I: an,. phrasc or pc,,"tmn ,,f Ibc (}rdman,:e v. hcld m','ahd or 24 unconmlutmnal by' an,',' ct, urn of compctcn: tur~s,h.:tmn, such ponmn shMt t~c dccmcd a separate, dmmc~ and 25 mdepcndcn: pro',',s~on and suck, holdmt2 sha]', mq .":'fo:: :hz ','ai:J,:v ofd;e ~cma;n:n.,..' pr,tm 26 q,5..I' C T ~I.Q~!D.Q~I 'iL Et"F[CTIVE D..VI'I 2' Th~s Ordmanc," shall be cf fee',we upon fi!mr, ~ :th lb,- F.{,, lc., Dr'par'linen: of S:atc 28 PASSED AND DULY ..",Dr)PTED bv I74' ;qr~ard ¢,f ('o,..'n:y Corem ss o~cr~ of('rlhcr Coumy. Florida. ?~ A'I'FFS]': B,')..M.tD ()I COl 'N'TS' CO\lMl:q.qi( )X'[iRS 31 DWIGHT E. BROCK. (_'let'.,. C()I.I IER (.'OI :N'[ Y. Fi.f)RIDA 33 3.1 FlY. .~,: [t'~'. 36 II..X!.',B..XFL.\ Il BI.RR'~'. 3? Approved as to fm,'m and 1¢~2al suffic~cn:v 39 41 tl¢idl F. Ashmn 42 A.~.~mant ('ounty Atmmcv 4.~~'" ..... ~""'~ ...... ~,,'.,'.";,,, ,~,..~ ...... t ....... ,, AGENDA ITEM 3;I 2 q I998 pg._ - EXECt:TIVE SUSIMARY RECOMMENDATION TtIAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 85-11, WIIlCll ESTABI. ISllED Tile MARCO ISLAND COMMUNITY PARK ,MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTI\'£: That the Board of County Commissioners consider adoption of an ordinance repealing Collier Count>, Ordinance No 85'-12, to terminate the Marco Island Community Park Municipal Service Taxing Unit. ..CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No 85-12, creating the Marco Island Community Park ~\lunicipal Service Taxinu Unit On August 4, 1998. the Board directed the Count.,,, Attorney to prepare the necessar-,' documents for Board action to abolish the taxing districts no lontmr needed. .FISCAL IMPACT: None. GROWTt! MANAGEMENT iMPACT; None .RECOMMENDATION: That the Board of Count',' Commissioners adopt the attached Ordinance repealing in its entirety. Ordinance No. 85-12 PREPARED BY: Heidi F. Ashton, Assistant Count.,,' Attorney Date REVIEWED BY: David C. Weigel, Count~Att°rney "Dale h: ~hg'hfa ex ~tum Marco I~lancl Con. mmnlD Park ,'t. lumcipa! Sen icc 'la xmg l.'m: AGENDA ITEM No. -"] Pg. I ORIHNANCE NO. 3 AN ORDINANCE REPEAI.IN¢;. IN ITS ENTIRETY. COI.I.IER ~ COUNTY ORDINANCE NO. 85-12, TIIE MARCO 5 COMMI'NITY PARK MI'NICIPAI, SERVICE TAXIN(; 6 PROVIDING FOR INCI.I'S1ON IN ('ODE OF I.A~VS AND 7 ORDINANCES; PROVIDIN(; FOR CONFI,[('T AND SEVERABII.IT~: 8 AND PROVIDING FOR AN EFFECTIVE DATE. 9 ]0 WHEREAS. the Board of County ('o~tssmncrs adapted Ordinance No. $' ,a . . ~-~_. x~Eich created the ] I Marco Island Commumty Park Mumc;pal Se~'~ce Taxing t'n;L and 12 WHEREAS. the Board of CounD. Comm:ssmncr~ desires 1o le~male !hr Marco l~l;md 13 ['ark Mumc~pal Se~'~cr Taxing 1 14 NOW, TIIEREFORE. BE I'1 ORDAINED BY T}H. I¢(}..Nt{I}()I ('()('NI'Y C{}MMINSI~N~:RS 15 COLI.II~R COl 'N~'. FLORIDA 17 Colher ('otmtv Ordinance No. < ' ' 18 ~;~: IN('LUSION IN TIlL C()I)I: ;}[ I,AWS .&NIl ORI~INAN( 1 lO ~e prov~smns of th~s Ordinance ~hall become and be. made a parl of fi~c Code of l,a~ s and Ordmancc~ 20 of Co!her Coumy. Florida. ~e seclmns of tee c }rumaEce ma:. he tenure%red or re.]clIercd t. accomphsh 21 such. and the ~ord "ordinance" may be changed tn "qCClie7". "2~IC]C' . Or any other apprnpr:ate 22 5~'IDN ]'ll~L ('ONFI.IC] AND hi V[RAI¢I: 1I% 25 In Ihe event Ih~s Ordmnance con:3~c:~ x~:zh a"'. ¢:hcr ()rd:nan:c o:-cmolhcr ('mm:v m other apphcablc ~' lax~. thc more restrict:ye shall a?p',5. I1' any pY. rasc or pon:on of :kc Ord:nancc ~s hc;J invahd 25 unconstim'.onal by any cou~ of competent .?ur~s,hct~,,n. st:cE pc)mort sEall hc deemed a separate, d~stmct and 26 mdepen ~enl prm'tslon and suc~ holding shall not ar':'cc: INc x'.ahd,ty of lixe rcma:nmg pomon ~. SI!C'FION FD['Iq: EFFECTIVE DAli; 28 ~s Ordinance shall he efl'ectlve upon fiimg wnh Ihe Fior:da Dcpa<mcm of Slalc. 29 PASSED AND DLTY ADOPTED by ~he B-ard of ('(mn::, (',mnu~mners of('olhcr ('oum). t. lorMa. 3r~ lh~ dayof~ . 31 A~EST: l~f L.M{I) OF COl 'N'FY COM MISSIC~NEI.',S 32 DWIGIIT E. BROCK. Clerk ('OI.I.I[:R COt. NTV. Fi. ORIIL.X 33 34 35 BY: 36 BARBARA B. BI:RRY. ('ha:nnan 38 Approved as to form and legal 39 4(1 / -, 4~ , '/ AuEdDA ITEM 42 }lcld~ I" A~hlon ~O. L~ ( "; '~, _ 43 Ass]slant County Attorney, ..... ,,,o,, ...... .... ......... ,.,.,..,.,. NOV 2 q 1 88 45 ' pR EXECUTIVE SI'.M.MA RY RECOMMENDATION TttAT TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. fl7.12, WilICII ESTABLISIIED TIlE BERKSIIIRE VILLAGE (AT BERKSIIIRE LAKES, PARCEL B) STREET LIGtlTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LA\VS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of' Count,,' Commissioners consider adoption of' an ordinance repealing Collier County Ordinance No. 87~-12. to terminate the Berkshire Village (At Berkshire Lakes. Parcel B) Street Lighting Municipal Sera'ice Taxing Unit CONSIDERATIONS: The Board o£County Commissioners adopted Ordinance No. 87-12, creating the Berkshire Village (At Berkshire Lakes. Parcel B) Street Lighting Municipal Service Taxing Unit. On August 4, 1998, the Board directed the Count,,' Attorney to prepare the necessarT documents for Board action to abolish the taxing districts n~ longer n~eded FISCAL IMPACT: None. GROWTI! MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of' County Commissioners adopt the attached Ordinance repealin~ in its entirety, Ordinance No 87-12 PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date REVIEWED BY: 1 ORI)IN ~.?.('E NO. · ' AN' ORDINANCE REi'EAI.IN¢;. IX ITU ENTIRETV. COLI.IER 4 COUNTY ORDINAN('E XO. g:-l]. TIlE ~[RKglIIlJE VII.I,AGE 5 BERKSIIIRE I,AKI:5, I'..gRCEI. il1 .gTREFT I.IGIITIXG (' SEIIVIC'E TAXING I'NI'F: PROVIDING F()R IX('I,I'~It)X 7 OF I,A~VS AXl) Ogl)IXA~('E~: i'I(OVIDIX~ FOR ('()XEI.IC1 g SEVERABII.ITY: AND PR(IVIDING Fl)Ii AN EFFECTIVE I)ATF. 9 I0 ~WIEREAS. lhe Board of County ('omm~ssmners adopted Ordinance No I I Berkshire Vdlagc tat BerksMrc Lakes. Parccl B) Street [..~ghunff MumclpaI Sm'~cc 12 WItEREAS. the Board of ('ounty Comm~sgloncrs dcs~rc~ m ~e~matc 13 Berk~Mre l.akes. Parcel B) S~rect l.tghnng Mumc~pa; Sc~'~ce ~a,:mg ~ 14 NOW. TtlEREFORI:. BE IT ORDAINEI~ BY Till. BOARD O1: C(~t'N'I'y ('(~MMISS1GNERS 15 COLLIER COL~'. FLORIDA 16 ~C_~: REPEAl. OF C'(q.I.IFR ('c~t 'N]'Y (~RDIN' XNr'~ Nc~ ~'-12 17 Cnllwr ('ounb. Ordinance Nn 8T.12. iy hereby repea ed m ~t~ 1S SECTJON l'W(). INCI.USIC)X IX TI [E CODL OF I.AWS AND J 9 Thc prov~smns of lh~ Ordinance shall bec,mc and be m~dc a pan nf thc Code of l.n,.~, ;md ~ ~,hnancc~ 20 of Co/her ('oun:y. Florida ~c secunns of thc f ~rd:n~:e may he rem inhered or re-let:crud t,, accom;q~,h 21 such. and thc ~ ord "nrdmance" may be changed m "sccm,n". "amc'.:.". o~ any n:h~.r apprnpna~c 22 SECTION T~tRFI~' CONFI./C'T AND ~] In I~c event lMsOrdmancc cnr, fi~cl~ ~::h ~,-. mhcr ( rd'r2~cc of('o]hcr (oumv or o~hcr apphcab!c 24 ta~. d~c mnrc rcsmctwc sh~II appl} If any phra.c or pot:mr', of thc 25 u~con~tltU~onal hy any court of compe~cn . ur sd c' ~-. such pomo:: shah kc deemed a separate, d~shncl and 2(, md:pendent prov~sm~ a~d such holding shah nh: afi't.:~ :he vahdt:} o~ the rema:r,r~ pnmon. ~ ' $~r~];. FFFECTIVE DA1 [ 2S Th~s Ordinance shah be effcctwc upon fihn&. ~ ~:i~ the FMnda Depa~men: of Statc. 20 ["~SSED AN'D DI 'I.Y ADOPTED hv Ibc [~c, ard of ('uun:y ('omm:ssmners of Cobb:c: ('c, tm~. f:iond~. 3 ] /X'I~E~ I': Br)AR[~ OF ('(~I 'NTY Cc)MMISSIC)NFI4$ 32 DWIGIIT E, BR(3CK. Clerk 33 Cc)LI.IER CC)[ 'NTV, 34 3~ 3r, 37 B..~R[IARA H. ]ffRRY. 3S Approved as to fnm~ ~sd legal 30 ' - AGENDA ITEM 42 lk.,d, t.. A,hmn A~s~s~ant (' un:v -~'mm,v - Pg .... RECOMMENDATION TItAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 79-103, AS AMENDED, WHICtl ESTABLISHED TIlE SEWER AREA "B" SOUTII HALF (EAST .NAPLES) MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVEI:L-kBILITY; AND PROVIDING AN EFFECTIVE DATE. .OB,IECTIVE: That the Board of County Commissioners consider adoption of an ordinance repealing Collier County Ordinance No. 7c~. 103, as amended, to terminate the Sewer Area "B" South HaR'(East Naples) Municipal SeA'ice Taxing and Benefit Unit CONSIDERATIONS: The Board of Coumv Commissioners adopted Ordinance No. 79-103, as amended, creating the Sewer Area "B" Sou[h Half (East Naples) Municipal Sec'ice Taxing and Benefit Unit. On August 4, 1998, the Board directed the County Attorney to prepare the necessary documents for Board action to abolish the taxing districts no longer n~eded. .FISCAL IMPACT: None. GROWTI! MANAGEMENT ISIP.-',,CT None .RECOM,",IENDATION: That the Board o£ County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No 79.10'~ as amended PILEPARED BY: Heidi F. Ashton. Assistant County Attorney Date KEVIEWED BY. David C. Weigel. Count, y~ttorney /Date'' h: ~hg hfa ex sum Se'~er Area [~ A~SENDA ITEM NO.., 0 v 2 3 AN ORDLNAN('E RF. PF. AI.INC;. I.%' ITS F.NT/RF. TY. 4 COUNTY ORDINANCE Nc). ?o-1(13. AS A3IF.NDF. D. TIlE .KEWlR 6 TAXI.N'C, AND I{ENF.['IT ('NI'I: /'RO','II)IN¢; FOR IN¢'I.I'.KI¢)X Ix '7 CODF. OF I.AW.~ ,',,NI) ¢)RDIN..',N¢'F..g; I'R¢)VIDIN¢; FOIl fl AND SE','ERABI{.ITY; AN{) PROVIDING FOR .AN' F. FFi~X'TIVIi O DATE. l I WIIEREA$. the Bnard of Cou?.D. Comml!!:oncrs adopted ©rdma.".ce No. 70-I/C.. a, amended 12 Ordinance No. $3-19. which created the Sewer Area "H" Sou~h flail (East Naple~ Mumc~pal Service Taxing 13 and Benefit Unto and 14 WIIEREA$, the Iioard of CounTy ('ommlfs.',ner~ desires To te,'mmate the Sev, er Area "B' .%ou'~h Ilal£ 15 (East Naple~l Municipal Service '[axmg and ['lencfi! [ 16 NOW. TIIEREFORE. BE IT ORILMN[!D BY TIIE BOARI~ OF COl ',",'TY ('fL".IMI%.ilON[:R$ OF 17 COLLIER COb,%'TT. FI.ORH)A That' l~; SECT/ON c)NE: RI:PEAl. OF COI.I.IIiR ('c}t'NTy ORf)IN'ANCE NO ,9. Ih'.,. AS AMI:N'Df.I) 10 Co&er ( nunty Ordinance No. 79.16.:, a~ amc'~dcd. Ii hz'feb> repealed m :l~ co:leer', 20 S[_C_TJ ON T\','C~ lNC'l,l 'SION IN 'I Iii. c'()l )1 ('F I.AV,'.~ AND ()RDIN \N( I 21 Thc provisions of Ihp~ Orthnancc ~!;all become and hi., n;:~dc a 2::ri n!' Ih'.: ( adc of I.:B~, and ()rd:nonces 2-' o£ ('oilier Cuun:v. ~lnrld-', ']'Er st'cllon.~ cq' Iht' f ,~.,r,a: .'c rna', bt' r~.m,.,,hc,c¢, nr re-tel:cecal To accomplish 2P' such. and the word "ordinance" ma)' be char, Fed t,~ "~,,.'cI:,m". "a'lTCle". or an', other approprla:¢ ~ 2-i ,S. ECTION TIIREL: CONFI. IC'r AND 25 In lhe r','em lh:s Ordinance corc.!]l;:t., w::h a~.x oil',er Ord~na,.:,:e of Coil:er County or olhcr apphcable 26 lax~, thc more resTnctwe s~a,, a ~,. lC an,. "~' Pt ,,. p!:'.:-,.' or pm'Ilar, of :he (}rd:nonce ;s h."h! mvahd or 27 uncons!:tmmnal b'/any tour! of compeTem mrbdjcho:: such po,":,m,~ sha',i be deemed a separate, d~qmci and 25 mdependem provision and such holding shall nc,: att'et: lkc vahd~ly of :he remamlnp 29 ~F-C'I'IC~N EQL]I' EFFI!CTIVE DAI 1: 3(I '['his/)rdmance shall be rffeCllVe upor, I'din'..: ',,. Hh Thc Florida I)epa~:.nen ~ 'May 37 BY: 38 '1{'~ Approved as to form ~,nd lei:al sufficlencv: 4{ -15 /",SSlstanl ('Bunty Attorney ,~, ,~.' '~ EXECUTIVE S U.M.MA RY RECOMMENDATION TItAT Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 80-86, WHICH ESTABLISHED THE UNINCORPORATED COUNTY AREA MUNICIPAL SERVICE TAXING UNIT-ROAD AND BRIDGE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OB.IECTIVE: That the Board of' Count,,' Commissioners consider adoption of an ordinance repealing Collier Count),' Ordinance No. 80-86, to terminate the Unincorporated Count)' Area Municipal Service Taxing Unit-Road and Bridge CONSIDERATIONS: The Board o£ County Commissioners adopted Ordinance No. 80-86, creating the Unincorporated Count',' Area Municipal Service Taxing Unit-Road and Bridge. On August 4, 1998, the Board directed the Count,.' Attornev to prepare the necessa~, documents for Board action to abolish the taxing districts no longer needed FISCAL IMPACT: None. GROWTH ,MANAGEMENT IMPACT: None. RECO,MMENDATION: That the Board of Count,,' Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 80-86 PKEPARED BY: Heidi F. Ashton. Assislant Count3' Attorney Date KEVIEWED BY: David C. ~ e~gel, County A~n% Da~e h &g ga ~x ~um Uninco~oraled Count5 .&ca Mum.ipal Sen ~cc 'I a ~mg t mt. Road and Bridge AGENDA ITEM AN ORI'}iNANCF. REPEAl.lNG. IN ]T~ ENTIRETY. COI.I.IER COUNTV ORI)INAN('E NO. gfl-Sfi. TIlE I'NINf'ORPf)RATI~I~ COUNTY AREA MI'NICIPAI. SERVICE TAXING i'NIT.RO.~I) AND 7 ORDINANCES: PROVIDING FOR CONFI.ICT AND SEVERAIIILITY: g AND PROVIDING FOR AN EFFECTIVE I)ATE. In WIIEREAg, the Board of County Comm:ssmners adopted Ordinance No. $0.~¢ x~hich created 1 I L;mnco~ora~ed Counb, Area Municipal Se~'~cc Taxing unibRoad and Bridge; and 12 WItEREAS, the Board of Count.,,' C'omm~ssmncrs desires m ~e~matc thc Umnco~ora:cd County Area 1 3 Mumc~pal Se~'~ce Taxing Unit-Road and Hridgc, 14 NOW. TIIEREFORE. BE IT ORDAINED BY TIlE BOARD OF COL'NTY COMMISSIONERS 1 5 C'O1.LIER COL'N~Y. FI.ORIDA 16 ~jON'~l~' REPI:AI. OF COI.I.IER VOl 'N~ Y r)RDINANVE NO. 1 7 ('nlhcr ('ounly Ordinance No ~t~.~,6, ~s hereby repealed m ~Is I:< 5[~rd~c~','r~ IN('I.I 'SION IN 'FILE C'(~DI (~F I.AWS AND C)RI~iNAN('I 19 ]~c prov~smns or,Ms Ordinance ~hall become and bc made a pan or,he (,Mc o[l_a~s and (Irdma~ces 2fi r~f ('nlhcr ('oun:y. Florida. ~ ~eclmns of Iht Ordinance may he rcnumbcred or re-lctlett, d In accnmphsh 21 ~uch. and Ibc xvt,rd "ordinance" may he cb. angcd m "scc~mn". "amclc". or at,) olhct appropriate word 22 8ECI'JO~JIII~E Cr~NFI.ICI ,,XNI~ SI:VI R.XI~II I IV 23 In Ibc cvcnt this Ordinance confi;c:s w;:n a:'. OlkZr Clrdmance of ('n~hc: ('m:nly or o~hcr apphcable 24 la,,~, lhe more restncnve shall appl5 If aa) pk. ra~z or pomon o: the Ordinance is held mvahd or -~ tmconsnlutmnal by any court of competen~ junsdtctmn, suck pomon shah be deemed a separn:e. &snncl and 26 mdependen~ provision and such holding s~:2.~ nm afl'ecl :he vahd:ty of lk, e rema n =g 2g %~s Ordinance shall be cffccw,'c upon fihng ~ .h ~hc Elorsda Depa~me: of Sta~c. 29 PASSED .-xxr} Dt;I.Y ADOP1 ED by tl~e Board of C'mmtv ('ommt~smners of ('olher ('mm:7... Flnrida. 3'~ th:~ day,,f . 32 I)V,'IGIfT E. IU{O('K. Clerk ('f)[ l.ll R COI:N'I Y, Fi.ORII L.'~ 33 BAR[L.~RA tJ BI.RP, Y, ( EXECUTIVE SU.M.~IARY RECOMMENDATION TIIAT TIlE BOARD OF COUNTY COM,MISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 90-64, WltlCIt ESTABLISItED Tile CttlLDREN'S SUPPORT SERVICES DISTRICI; PROVIDING FOR INCLUSION IN CODE OF LAV','S AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILIT'f; AND PROVIDING AN EFFECTIVE DATE. OB.IECTIVE: That the Board of County Commissioners consider adoption of' an ordinance repealing Collier County Ordinance No. c50-64, to terminate the Children's Supr~ort Services District. . .CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 90-64, creating the Children's Support Services District A Count,.xvide referendum was held to establish the millage, and the referendum failed. On Au~,ust 4, i998. the Board directed the Count>, Attorney to prepare the necessary, documents for-Board action to aboIish the taxing districts no longer needed ' F~SCAI. IMPACT: None. GROWTH MANAGEMENTISIPACT: None _RECO.MMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 90-64. PREPARED BY: Heidi F. :\shton, Assistant Count,,' ,,\ttornex-'5-' Date REVIEWED BY: David C. Wei~el, Udu"ntv - . z~/,),,;,_ ..._/f, _ . ~,,ttornev Date ' h: ~hg hfa tx ~um'Children'.~ Suppo~ Scr','ic~ Distr,:l AGENDA ITEM No. ~' ~ '-- ~, NoV 2 q 1998 I (}RDINAN'('E Nfl. 9~. 3 AN ORDINANC£ REPEALING, IN ITS ENTIRETY. 4 COI'NTY ORDINANCE NO. 00.64. TIlE CIlII.DREN'S SI'PPOI{1 5 SERVICES DISTRICT; PRO'VIDIN(; FOR IN('I.USI¢)N i"; CODE 6 I.AWS ^N'D ORDINANCES; PRf)VIDIN'¢; FOR CON'FI,IC'r AND ' SEVER.ABII.ITY: AND i'R('IVIDING FOR AN EFF'E(_q'I'VE DATE, 9 WItEREAS, Ihe Board of County Comm~ssmners adopted Ordinance No 9h.r,.:, I0 Chddren's Support Scr'.'~ces D~slnct; and ] 1 WHEREAS. a Count>a%'tde referendum was held to es~ablish the millage, and lhc referendum faded'. 12 and 13 WIIEREAfi. thc Board nf County Commissmners desires to tem~matc ff, e C'hfldren's Supporl Scr,.qees 14 Dlstnc; 15 NOW. TItEREFORE, BI! I'I ORDAINED IPf Tilt: BtL.',,RD OI ('(} 'N'IY ¢'f)MMI?;NIONERS OF I6 ('O.I.LIER COUNTY, FI.ORIDA that: 17 5EC.1]DN ONE: REIqiAI. OI.' COI.I.IER COl 'N'FY ORDIN.,\N('L Nt ). I ,q Collier Count.,,' Ordinance No. 9h-64. Is hereby repealed In it,; enhrcty. Ir) 5.~]~Y-: TwO IN('I.['SION IN TIIF. C('}DE OF I.AWS :',,NIl OR[IlN..\N('I. 2r~ The provisions r f th~ Ordinance shall become and be rnadc a pan of Ibc ( ode of Laws and Ordmanccs 21 ,)f Co,,:er Count.'.. l:ior~da 7'he sectmns of Iht Ordinance ma':' be renumbercd or re-lettered to accnmphsh 22 such. and lhe word "ordinance" ma.',' be chan~ed to "sccBon". 'amcle", or any other appropriate ;vord 23 S[cz.~¢)~'¢ TItREE' C()NFI.IC 1' AND SEVERABILITY 24 In Ibc event this Ordinance conflicts with any other Ordinance of Colher CounIy or oth~:r apphcabl¢ 25 la',~. Ibc more restrlctr,'¢ shall apply If an'.,' pk,:.',[.- or pc~mon of :he Ordinance i,. held mvahd or 2t, uncons:~lutmnal bF. an,.' courl of compet.-nt jurlsd~chc, n. such pomon shMl be deemed a separate, (h~,tmcl and 2;' mdependen! pr.','l,;mn and such holdmff shall no! M:t¢I the vah:.hty of Ihe rema:nmg ponlon 28 SECC_.T..1ON FOUR EFFEf"FIVE D..',,TF 2q~ lhl~ ()rdmance shaU bt e ffeclr,'e upon lihng x~ }th t~e t'lo;:da Depa~men: ?.t, P..~,SSkD AND f)[ 'I.Y ADC>PTI.I) h;' tint' Bo:ird r,f Ce,un:f. Cc, mnns,,:oncrq of( ol]ler (oun:,... I'i,,r~da. 31 ff,:~ d;,x of , 10% 32 ,.k-Frr:,cl: Bc~..xRI) (ii: ('OI'NTY ('OMMISSIf')NI(R'4 36 BY: BARIk.\R..\ B. BERRY. ('harem. an 38 39 Approved as 1o foml and legal sufficient'v: 4(, ' ABEt'iDA ITEM 43 IIc,d,F ,,,.,*hmo NO~'? 2 q 19O~B 44 Asststant County Allomcy