The URL can be used to link to this page

Agenda 11/10/1998 R COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS AGENDA November 10, 1998 9:00 a.m. NOTICE: ALL PERSONS WIStlING TO SPEAK ON ANY AGENDA ITEM blUNT REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITtl TIlE COUNTY ADMINISTRATOR PRIOR TO TIlE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS Tile BOARD ON SUBJECTS WltlClt ARE NOT ON TillS AGENDA MUST BE SUBMITTED IN WRITING WlTII EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF Tile MEETING AND WiI,L BE HEARD UNDER 'PU. BLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TItERETO. AND TltEREFORE/HAY NEED TO ENSURE THAT A VERBATIM RECORD OF Tile PROCEEDINGS IS MADE, WttlCtl RECORD INCLUDES TIlE TESTI31ONY AND EVIDENCE UPON WIIICtl Tile APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS V,'ILL BE LIMITED TO FIVE (5) MINUTES UNLESS PER,MISSION FOR ADDITIONAL TI,ME IS GRANTED BY TIlE CllAIR31AN. ASSISTED LISTENING DEVICES FOR TttE IIEARING IMPAIRED ARE AVAILABLE IN TilE COUNTY COMMISSIONERS' OFFICE. LUNCtl RECESS SCtlEDULED FOR 12:00 NOON TO !:00 P.M. 1. INVOCATION - Reverend Jay Kowalski. First United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AG ENDAS A) APPROVAL OF CONSENT AGENDA. B) APPROVAL OF SUM.MARY AGENDA. C) APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES A) October 20. 1998 - regular meeting. PROCLAMATIONS AND SERVICE AWARDS A) PROCLAMATIONS 1 November 10. 1998 2) Proclamation proclaiming November 22-29, 1998 as Traditional Family Values Week. To be accepted by The Reverend Jane Wallace, President Greater Naples Ministerial Association and Reverend David Mallors.., President Evangelical Ministerial Association. Proclamation proclaiming the week of November 8-14, 1998 as Youth Appreciation Week in Collier County. To be accepted by Mr. Gerald Neff, Secretam.-, Naples Sun,et Optimist Ciub. B) SERVICE AWARDS C) PRESENTATIONS APPROVAL OF CLERK'S REPORT A) ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A) B) COMMUNITY DEVELOPMENT & ENVIRON,%IENTAL SERVICES PUBLIC P,'O R KS I) Approve an Amendment to the original Developer Contribution Agreement with Long Bay Partners for construction of Livingston Road Norlh of Immokalee Road, including Board approval for staffto prepare and execute a Supplemental Agreement wilh /tole, ,Montes and Associates, Inc. for Roadway Design Revisions. · C) PUBLIC SERVICES D) Recommendation that the Board of Count)' Commissioners authorize a contract amendment for design ~r~'ices for the new Domestic Animal Sec'ices facility. SUPPORT SERVICES E) COUNTY ADMINISTRATOR I) Proposal to begin scheduling regular Board of County Commissioner Meetings on the second and fourth Tuesday of each month beginning in Januar3- 1999. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A) Report regarding the status of the Lei). guardhou~ controvemy. (Commissioner Hancock). 11. OTHER ITEMS A) OTItER CONSTITUTIONAL OFFICERS 2 Novcmbcr 10. 1998 B) PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. ADVERTISED PUBLIC HEARINGS - BCC A) COMPREIIENSIVE PLAN AMENDMENTS B) ZONING AMENDMENTS 1) Petition PUD-98-11, Mr. Robert Duane, AICP, of Hole Montes and Associates, Inc., representing Steve llouston, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Tamiami Professional Center PUD for property Iocaled on thc east side of Tamlami Trail North (US 41) on the mulh 200 feet of Section 15, Township 48 South, Range 25 East, Collier Count3', Florida. 2) Petition PUD-98-14, George b Varnadoe, of Young, Van As~ndcrp & Varnadoe, P.A., representing Granada Shoppcs As.,.)ciatcs LTD., requcstlng a rezone from "A" Rural Agriculture to "PUD Planned Unit Development to be known as Granada Shoppcs PUD for mixed u~ commercial development consisting of a maximum of 390.000 square feet of gross floor area inclusive of retail, office and scm'ice land uses for property located at the southeastern quadrant of the intersection of U.S. 41 and lmmokalee Road (C.R. 846) in Section 27, Township 48 South, Range 25 East, Collier Count)', Florida, consisting of 39.2+ acres. C) OTItER BOARD OF ZONING APPEALS A) ADVERTISED PUBLIC HEARINGS I) Petition SV-98-2, William D. Kcith, Esq. Representing John P. Cardillo and Daniel R. Monaco requesting 15 foot variance from the required setback of 15 feet established for signs to 0 feet along Tamiami Trail East and a $ foot variance from the required setback of 15 feet established for signs lo 10 feet along Osceola Avenue for a pole sign for an existing las~ firm located at 3550 East Tamiami Trail in Section 15, To~'nship 50 South, Range 25 East, Collier Count)', Florida. 2) Petition A-98-5, Kim Patrick Kobza, of Trciscr, Kobza & Volpe, P.A., representing the Southpointe Yacht Club at Windstar Marina, and Glenn Oakes, Lee Flandreau and Jack Fink, requesting an appeal of a determination of insubstantial change to the Southpolnte Yacht Club PUD Master Plan, adopted by ordinance 88-82, as amended, rendered by the Planning Sen'ices Director pursuant to the provisions set forth in Section 2.7.3.5.2 of the Collier County Land Development Code. 3) Petition V-98-18. C. Dean Smith of Q. Grad)' Minor representing Victoria Lakes Condominium Associates, requesting a 23 foot variance from the required 30 foot front yard to 7 feet along Berkshire Street and Nottingham Drive for carports for a property located in Norlh Naples, al)proximately one 3 November 10. 1998 14. I5. 4) mile .~uth of lmmokalee Road on the ~'est side of Airport Road, in Section 2ti, Tov~nshlp 48 South, Range 25 East, Collier County, Florida. Petition A-984, Wendell R. & Diane L. Kecne, requesting an appeal of the Collier County Planing Commisslon's approval of Petition BD-98-26 on August 20, 1998, for property located at 4O0 Willctt Avenue. fu~her described as Lot 10, Block N, Connors Vanderbilt Beach, in Section 29, Tov,'nship 48 South, Range 25 East, Collier County, Florida. ~) 6) 77tLC; ITEM tlAS BEEN CONTINUEI) TO NOt/EMBER 24, 199~. Petition V-98-19, Jay Malamphy, rcpre~nting Gulf Coast Development Group, L..C., requesting approval to increase the maximum permitted floor area ratio of.45 to .66 to construct a building with a maximum of 225,291 square feet for an Independent Care Living Facility and Assisted Care Living Facility for propert.~ located to the south of Vandcrbilt Beach Road Extension, north of Arbor Boulevard, and ~est or Vineyards Boulevard, further de~ribed as Tract S-I, Vineyards Unil 3, in Section 5. Tn-nship 49 South, Range 26 East. TILLS' ITEM IL.I.V BEEN ('ONI'/,VI;EI',~ TO NOJ 'E3IIIER 2~1, 19q,~. Pclilhm v-gg-ff, Bill tloover of lh~'~scr Planninl~. reprc~,enting Roger D. Wilhcrs anti OPM-USA-Inc., requesting approval of a 65 ft~t height sariance from Ihe required 185 feet to 250 feet for an existing 180 foot communications tnscr located at 5630 Taylor Road, ~'ilhin the J & C Industrial Park, in Section Ii, To~vnship 49 South, Range 25 East. B) OTHER STAFF'S COMMUNICATIONS BOARD OF COUNT"[ COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered lo be routine and action ~'ill be taken by one motion ~ithout separate discussion of each item. If discussion is desired ILv a member of the Board, that item(s) Ivill be removed from the Consent Agenda and considered ~paratcl). A) CO.",IM t'NITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) ]'ills ITEM HAS BEEN DELETED. 2) Recommendatinn It} appruve thc attached Sallsfactiun of Lien for Public Nuisance Resolution 98-254 ~) 4) Lien Resolutions - Code Enforcement Case Nos. 80605427 Claude E LaRue; 806084'163 Boris & Emogene Pukay; 80610459 Thales Delorenzl & Patrlcia Campelo; 80708-124 Philip Pierre; 80709-064 Ed~,ard J & Laverda Pelc Lien Resolutions - Code Enforcement Case Nos. 80413-061 Valcntin & Migdalia Gonzalez; 80413-064 Shang Mci lluang; 80413-064 .luhn Pagliaro TR Lien Resolutions - Code Enforcement case Nos. 60522-087 Gan' L &Nancv C o Seward; 80514428 I.Ioyd G Shcchan; 806224~09 Cnnnic Simnn & Marlo P'ikul 4 November !0. 1998 B) C) D) E) 6) Lien Resolutions - Code Enforcement Case Nos. g0224-019 Ralph & Graciela Toro'; 80226-050 James R Coloslmo TR c/o Naples Realty Services Inc.; 80302- 052 Ivan Magana; 80316-040 Rodney Bashncll; 80323-161 Esteban Tama.vo PUBLIC WORKS 1) Approve Work Order CDM-FT-9R-I 2 fl)r related enp.,ineering and organizational services related to optimizalion of operation and maintenance practices at the North and South County Regional XVastewaler Treatment Plants. 2) Approve a Road Impact Fcc Credit in the amount of $2,802.74 for Ibc former Chamber of Commerce Building on U.S. 41 in the Cit.,,' of Naples. 3) This item has been deleted 4) Approre Bid #98-2872 and Bid #98-2873 for the purchase of lhree crew cab flalhcd dump trucks and Ihrce, five cuhlc .yard dump Irucks in the amount of $243,19R.00. Approve a Developer Contribution Agreement with Ocean Boulevard Parlnership and Ocean Bnulesard Partnership II ("Developer') for the conlribulion of land to the Florida Department of Transportation for right-of-wa:,' necessitated by the widening of U.S. Ilighway 41. 6) Approve a Developer Contribution Agreement with Collier Development Coq}oration ("De,,.eloper-) for the contribution of land to Ihe Florida Deparlment of Transportation ('~FDOT") fur a ~'aler management detention area necessitated by thc widening of U.S. Ilighway 41. 7) Approve a Developer Contrihu{ion Agreement whh Ocean Boulevard Parlncrship South, LTD. ("Developer~) for Ihe contribution of land to Ihe Florida Department of Transportation ("FDOT") for right-of-~ay and drainage necessitated by the ~idenint! of U.S. Hil!h~ a.v 41. PUBLIC SERVICES 1) Approval of a concession agreement amendmenl bet,Been Ihe Association of Unit O~vncrs of the Registry IIolel at Pelican Bay, Inc., (The Registry) and Collier County to provide an expansion of the deck and {mprovemen! of the kitchen facilities at the Clam Pass Beach Park. SUPPORT SERVICES 1) This Item Dckted 2) Approval of Budget Amendment to Complete the PC Modernization Project 3) Unanticipated Expenditures Relating to a Water Break COUNTY ADMINISTRATOR 1) Budget Amendment Report BOARD OF COUNTY COMMISSIONERS No:'cmbcr 10. 199g 17. MI~('EI,I,ANEOUS 1) Mi~cllancous items to file for record with action as directed. tt) OTtlER CONSTITUTIONAL OFFICERS 1) COUNTY ATTORNEY J') AIRPORT AUTIIORITY SUMMARY AGENDA- Tills SECTION IS FOR AI)VERTISED PUBLIC ttEARINGS AND MUST MEET TIlE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF: 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY TIlE COLLIER COUNTY PLANNING COMMISSION OR OTIIER AUTttORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIlE COLLIER COUNTY PI. ANNING COMMISSION, OTIIER AUTHORIZING AGENCIES OR TIlE BOARD, PRIOR TO TIIE COM,MENCEMENT OF TIlE BCC MEETING ON WIIlCli TIlE ITEMS ARE SCttEDUI.ED TO BE liEARD; AND 4) NO INDIVIDUAI_,S ARE REGISTERED TO SPEAK IN OPPOSi'I"ION TO TilE ITEM. A) B) C) D) E) Petition V-98-14, Mark & Ann llunter, requesting an After-the-Fact variance of 6.9 feet from thc required side yard .~tback of 3(I feet to 23.1 feet for properl.,, located at 2121 Oakcs Boulesard, furlher descrihed as the south half of Tract I3, Golden Gate Estates Unit 97, in Section 29. To~ nshlp 49 South. Range 26 East, Collier CounD., Florida. Petition PUD-98-10. Mr. Robert Duanc, AICP, of llole, Montes and Associates, Inc. representing Jim Colosimo. Trustee. requesting a rezone from "E" Estates lo "PUD" Planned Unit Dcselopmenl to be knossn as Cambridge Square PUD for propert.v located on the nor'th side of Pine Ridge (C.g.. 896), approximatel.~ 30~1 feet easl of ~,Livingston Road in Section 7, Tos~'nship 49 South, Range 26 East, Collier Count.v, Florida. Petition V-98-15, IL Bruce Anderson, rcprc~nting Ronald L. Glass, President of RSG Family Limited Parlncrshlp-Immokalee, requesting a 30 foot After-the-Fact Variance from the required 30 f(~t front .yard to 0 feet along the northern front yard, an 11 foot After-the-Fact Vari:,ncc from the required 30 foot front yard to 19 feel' alonl~ the eastern front yard and all} fi~t After-the-fact Variance from the required 30 fool front yard to 2(I feet along the southern front yard of an cxistinl~ apartment complex in Immokalce. Petition VAC 98.019 to disclaim, renounce and vacate thc puhlic's interest in a 5.5' !D' 45' por'tion of right of wa3 on Delas~are Avenue. located in Section 4. TosYnship 47 South, Range 29 East, lmmokalee, Florida. Petition AS' 974'}31 to disclaim, renounce and s'acate the County's and the public's interest in a 60' ~ide road right of way sho~vn as "Peltun Aven~e" on the plat of "'Burdale" as recorded in Plat Book 4, Pa~2e 2, Public Records of Collier County, Florida and being located in Section I 1, Township $0 South, Range 25 East. Petition AX,' 98-016 lo vacate a 12' ss'ide drainage easement between lots 31 and 32, · Block B, according to the Plat of "Collier's Remrve", as recorded in Plat Book 20, Pages 59 through 87, Public Records of Collier CounD, Florida and to accept a 12' wide drainage easement as a replacement easement. fi 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA StIOULD BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT 774-8381. 7 Novcmbcr 10, 1998 AGENDA CtL4 NGE,¥ BO/! RD OF COUNTY COMML~;.c;IONERS;' MEEThYG NOVEMBER 10, 1998 ADD: ITEM 8 (E)(2) -.. LETTER TO StlERIFF IDENTIFYING CttANGE,~ TO TIIE FY 99 BUDGET REQUEST. (COUNTY ADMINISTRA TOR). tPTTHDRA W: ITEM I3(A)(2) - PETITION A-98-$ SOUTIIPOINTE YACIIT CLUB AT WINDSTAR MARINA APPEAL OF A DETERMINATION OF INSUBSTANTIAL CtfANGE TO TtlE SOUTttPOINTE YACttT CLUB PUD MASTER PI. AN. (PETITIONER'S REQ UES7), JPTTIIDR..tW: ITEM 17(E) - PETITION A V 97-031 TO DL¥CLAL~I, RE.,VOUN6~ AND VACATE TIlE COUNTY'S ANI) TIlE PUBLIC'S INTEREST L¥ A 60' WIDE ROAD RIGHT OF ~g4 Y SHOWN AS "PELTON A VENUE" ON THE PI~t T OF "BURD/ILE" A.F RECORDED. 6¥T,.-IFF',S' REOUESI). NOTE: ITEM I 6(C )(1) -TltE A TTACttMENT FOR Tills AGREEMENT [E4S INADVERTENTI. Y OMITTED FROM TItE AGENDA PACKAGE. A COPY OF TIlE 03HTTED PAGE II.IS BEEN PROVIDED. WHERE~$. to celebrate National Family Week, the Greater Naples ldinisterial Association/n fellowship with the Collier County Evongeh'col Ministerial Association proposes a celebration of November 33-39, 19g$ to be known os T~oditionoI Fomi[~ Values ~eek: and WHEREAS. the home is the cornerstone and foundation of our nation and has become a threatened insNtut/on. Therefore. Ne suggest that residents of Co/tier County part/cipate th the followin9 family ac tivities: Sunday . · ~4/orshtp as a Family tdon~a~'..', ~:.. . i Fami. ly N. ight .~'.:: '.!'~..'.. ?, 'i;"'.....' ~: ,: ~,~ ~ ~'~ ,~ . .~ . :' 1~' ~dnqsday Famil? Heloinq Ha~d~ ~ ~' . '-- ~. ~ . ~ · . · . ?.. ,:. ~:~F~da7 ~ . . ~ Farad7 Outing Day + Farad7 Worsh~ ' C~;i;L' : ' ' . ~:4~ ~turday. ... '~ :'~Make'a Memor~ ~7 * Family ~,~OdaZ ~.....' ,. ' Wvrsh~p ~ ~ Family ' ~ '~ " ' ~OW THEREFOR~'?be ~ proclai~ed by the Board of Coun~ Commt~sioner$ of Colli~,.Co~,?locida, tha~ Kov~ber 22~2~, 19~8 be d~nated ~D~O~AL " ~TLY~VALUES WEEK '~'":. ",,. ,";. ' .?- .a L,, - - · ..... ~'~: ~.~5,.{ L,'~'~ ".:~ ~:, :t. ' DONE AND ORDERED THTs'~Oth ~ ~N~e~ber, 1998. BOARD OF COUNTY COtdAMIS$IONER$ COLLIER COUNTY, FLORIDA ATTEST: BARBARA B. BERRY, CHA:ERMAN D WZGHTE. BROCK, CLERK AGENDA ITEM No. ~-'~- NOV 1 0 1998 Pg., I WHEREAS, the vast majority of youth are concerned, knowledgeable and responsible ¢/tizen$; and WHEREAS, the accomplishments nod achievements of these young citizens deserve the reco~qnition and prdse of their elders; and WHEREAS, Optimist £nternational hos, since 1954, devdoped ond promoted a program eot~tied Youth Apprec/otion Week; and WHEREAS. the citizen~ of Nap/es, Florl'da have l'ndicated o desire to jam the Sunset Opt,('mist$ in expres$/r~7 appreciation and npprovol of the 7 ".,'? .[7~'j;'':'' . . ". contribLrti°nS o£ Oor youth. ' ~ · NOW 'HEREF. Ofl..~,/ b* tt procla~med by the Board of County Commisstbners of $?~. ,~;9,~ r ~ : .... · .'. :". ' . ~ ' ~//~'~t~ ~ountz ,ir/or/da that the veek of November 8-14. 1998 be ~'?'-~ ~: ~ '.: . :.. , . '. 'des~ ~na ted a$ ~ .:~ ' ' . ,, . ' ' · ~ t~f~f~% v~4X, ¢.:" ', i .:l:i i i.'~ ,', Y~ ']zf /APPRECZAT'XON WEEK IN COLI~ER'COLINTY" , ........... OR ~ ' ~' ~'~' ' ' "''" DONE AND DERED'_TI~O'.$. .~Oth'Day of Novembe. r'.:Ig.o8 '~ ~f~? ?4' 't,~ E~'%~,',:~'~ ~;.'.. .. ' '.'~k~ ~ ~ OA~O 'OF COUN ~ CO~ZSSZONE~S A TTE5 T: BAf~ARA ~. BERRY, CHAZRMAN DWI'GHT E. BROCK, CLERK AGEN~ATE~ NOV 1 0 1998 Pg. / EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO ]'liE ORIGINAL DEVELOPER CONTRIBUTION AGREEMENT WITIt LONG BAY PARTNERS FOR CONSTRUCTION OF LIVINGSTON ROAD NORTtl OF IMMOKALEE ROAD, INCLUDING BOARD APPROVAL FOR STAFF TO PREPARE AND EXECUTE A SUPPLEMENTAL AGREEMENT WITtl ttOLE, MONTES AND ASSOCIATES, INC. FOR ROADWAY DESIGN REVISIONS. OBJECTIVE: Board approval of a contract amendment to the February 17, 1998 Developer Contribution Agreement with Long Bay Partners for Livingston Road construction, coupled with a Board authorization for staff to prepare and execute a design related Supplemental Agreement with the project consultant. CONSIDERATIONS: The Livingston Road project is presently under final design for two lane rural improvements between lmmokalee Road and the Lee/Collier line, approximately three miles in length Itel. Agenda Item No. 16 (B) 13 dated August 4, 1998]. Final design activities for this portion of Livingston Road officially commenced on August 19, 1998 by Hole, Montes and Associates, Inc. in response to, and as a direct result of, the Board approved February 17, 1998 Developer Contribution Agreement with Long Bay Partners [ref. Agenda Item No. 8(B)l]. Construction of Livingston Road shall be managed and financed by Long Bay Partners in exchange for road impact fee credi*s. As a new major north/south arterial highway, Livingston Road was planned and adopted as a rural facility approximately ten years ago. The distinguishing features of the rural cross section include open roadside drainage ditches, paved shoulders along outside travel lanes and an inverted or depressed median. In consideration of current day transportation planning objectives and residential land uses, staff has favorably responded to Long Bay Partners' proposal to substitute the rural roadway cross section with a full urban design.. Staff supports the developers proposed design change and recommends Board approval in view of the public and County benefits to be derived from Livingston Road as an urban facility as detailed below: · Right-of-way cost savings; · Expected reduction in wetland impacts; · Improved delineation of bicycle lanes; · Increase in available right-of-way for County water and sewer infrastructure; · Ease of access for roadside maintenance; · Enhanced opportunities for longterm implementation of Greenway systems; · Potential cost savings associated with earthwork construction; 1998 Executive Summary Livingston Road Design Revisions Page Two * Consistent with desires by Lee County to construct an urban cross section north to Bonita Beach Road; · Eliminates periodic grass mowing, weed removal, and regrading of open ditch systems required under the rural cross section; · Better aligns with aesthetic goals and objectives set forth in the Collier County Streetscape Master Plan and community transportation planning groups such as "Focus"; · Enhanced stormwater 'quality provisions and operations within developer lake systems; · Complements expected urban road designs for various developer entry roadways connecting onto Livingston Road; * Avoids hazards associated with potential vehicle rollovers in open ditch systems; · Enhances and improves ease of future landscaping projects both within thc median and along roadside grass areas; * Expected maintenance reduction due to deletion of paved shoulders; · Expected maintenance reduction of pavement failures near outside travel lanes due to high water conditions in open ditch systems; and · Complements expected adoption of an urban cross section for the eight mile Livingston Road corridor south of Immokalee Road to Radio Road. The proposed design change to an urban cross section will involve modifications to prior drainage engineering and authorized environmental permits, and will also require a complete redesign of partially completed construction drawings. Recent meetings with environmental permit agencies have established a favorable framework for submission and processing of permit modifications. An urban roadway cross section shall require redesign of stormwater management and water quality provisions as previously accommodated in the permitted rural roadway facility. To mitigate such drainage impacts, Long Bay Partners will agree to accept conveyance, treatment and attenuation of stormwater from the urban roadway for a segment of Livingston Road. Stormwater conveyance shall be directed to the Developer's subdivision lake system. Executive Summary Livingston Road Design Revisions Page Three This stormwater management commitment by Long Bay Partners approximates a cost of $340,000, and shall not be subject to additional road impact fee credits above that established in the February 17, 1998 Developer Contribution Agreement. Redesign efforts to modify the construction drawings from a rural cross section to an full urban cross section shall cause a fee increase in the County's Professional Services Agreement with Hole, Montes and Associates, Inc. The net increase in design cost above the current rural engineering tasks is estimated at $395,000. Long Bay Partners proposes to share equally in this cost (50%/50%) with Collier County government. This additional cost assumption by Long Bay Partners in the approximate amount of $197,500 would also not be subject to additional road impact fee credits previously approved by the Board. Construction costs for the three mile urban cross section are expected to approximate estimated costs for the rural design, Long Bay Partners has submitted formal project cost statements as part of the attached Amended and Restated Developer Contribution Agreement, which has been reviewed and accepted by the Public Works Administrator and the Transportation Director. It is noted that in no event shall Collier County's original commitment on the maximum amount of road impact fee credits be increased above the February 17, 1998 Board approval. However, in the event that actual construction costs exceed 20% of initial certified costs and right-of-way costs decrease, Long Bay Partners will be granted contingency road impact fees in equivalent amounts. A conceptual drawing of the proposed urban cross section is also attached to this staff' report. This drawing is very preliminary and is subject to dimensional change and design revision, but the primary road characteristics such as a crowned median, bicycle lanes, road curbing, and pathways are adopted elements for construction purposes. Staff recommends that the Board approve the proposed urban cross' section design along with approval and execution of the Amended and Restated Developer Contributor Agreement with Long Bay Partners. A summary of project costs by Long Bay Partners is included in the Fiscal Section which follows. FISCAL IMPACT: Road Impact Fee District Trust Account No. I (Fund 331) had a balance of $8,436,881 as of' February 4, 1998. The first road impact fee credit amount ($1,500,114) will not be available until the first phase of roadway construction (2.6 miles) is complete and accepted by the County. This event is anticipated to occur in FY 1999-2000. Subsequent credits will not become available until the second phase roadway segment is extended into Lee County and intersects with Bonita Beach Road. NOV 1 U 1998 PG.. ~ . Executive Summary Livingston Road Design Revisions Page Four It is anticipated that this event will occur in FY 2000-2001. The total value of the proposed amended road impact fee credits is approximately $4,788,300, or an increase of $10,000 from the February 17, 1998 amount of $4,778,300. Annual revenues for Fund 331 have been about $3,000,000 over the past several years and are projected to continue at that rate over the time period for Livingston Road construction. Funds for the additional design cost in the amount of $395,000 are available in the project account; fifty percent of this design cost will be offset by the developers contribution of $197,500. Original Proiect Costs Amended Project Costs Phase I l'hase II Phase I Phase II 1) Construction $2,965,700 $862,600 $3.246,470 $591,830 2) Inspections $230,000 $115,000 $253,000 $92,000 3) Right-of-way $205,000 $400,000 $353,400 $251,600 4) Design Costs 0 - - 0 - $167,875 $29,625 5) Stormwater - 0 - - 0 - $289,000 $51,000 Management TOTALS $3,400,700 $1,377,600 $4,309,745 $1,016,055 TOTAL DEVELOPER COSTS (PIIASE I AND II): Original: $4,778,300 Amended = $5,325,800 (11.46% increase) Footnotes: (a) Original construction, inspection, and right-of-way cost is 4,778,300; (b) Amended construction, inspection, and right-of-way cost is $4,788,300; (c) Long Bay Partners shall not be granted road impact fee credits for design and stormwater management costs; (d) Maximum road impact fee credits unto Long Bay Partners for the cost of constructing network improvements shall not exceed 120% of the original certified estimate of construction costs ($3,838,300); (e) Original construction cost only estimated at $3,828,300 as compared against amended construction cost of $3,838,300. Total impact fee credits shall not exceed $4,778,300 per the February 17, 1998 Board approval. Cost: $395,000 Fund: 331-Road Impact Fee District l Cost Center: 163650 - Road Impact Construction Project No: 65041 - Livingston Road Improvements GROWTH MANAGEMENT IMPACT: The construction of this roadway segment is consistent with the County's Growth Management Plan and is shown on the Year 2020 Roadway Needs Network Plan and the Year 2020 Roadway Financially Feasible Network Plan. NOV I t) 1998 PG.. Z.{. Executive Summary Livingston Road Design Revisions Page Five RECOMMENDATIONS: That the Board of County Commissioners: (1) Approve and adopt the recommended urban cross section for Livingston Road between Immokalee Road and the Lee/Collier line; (2) Approve the attached Amended and Restated Developer Contribution Agreement with Long Bay Partners, and direct the Board Chairman to execute same upon a legal sufficiency review by the County Attorney; (3) Accept and approve the County's additional design cost for the redesign to an urban cross section in the estimated amount of $197,500; (4) Direct and authorize appropriate staff in the Public Works Division to prepare and execute a Supplemental Agreement with Hole, Montes and Associates, Inc. in the amount of $395,000 to effectuate the design and permitting modifications to an urban cross se.~:tion; and (5) Direct Long Bay Partners to submit the $197,500 d~ign fee cost contribution within thirty days after Board approval~ Public Works Engineering Department REWEWED BY: DATE' d--d~ff Bibby, P.E., Director P~rks E n~m e nt REVIEWED BY:Edward J. Ka~/P~ Director DATE: T r~z~c e s Department Ed Ilsch~, Administrator Public Works Division Excc. Sum. RoadwayDesignRcvi~ions NOV ATTACHMENT Executive Summary Livingston Road Design Revisions 10 Nov. 1998 Agenda PWED Project No. Zoo rD< 0 .. 65041 .f NOV I O 1938 AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT THIS A.,'vLENq2)ED AND RESTATED DEVELOPER CONTKIBUTIONAGREEMENT is made and entered into the ~ day of ,1998, by and be~een Long Bay Parmers, LLC, a Florida limited liability company, whose address is 3451 Bonita Bay Boulevard; Suite 202, Bonita Springs, FL 34134 ("LBP"), and Collier County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, FL 34112 ("County"). WHEREAS, LBP purchased the properly, described in Exhibit "A" (the Property), attached hereto and incorporated herein; and WHEREAS, LBP and County entered into a Developer Contribution A~eement on February 17, 1998, v,'hich is recorded in Official Records Book 2400, Page 20, et. seq., Official Records of Collier County', Florida CDeveloper Contribution A~eement") for the construction of Livingston Road from Immokalee Road to the Lee County line (hereinafter "Livingston Road"); and V,~EREAS. Livingston Road ',,.'as contemplated :o be cons~acted as a rural cross-section; WHEREAS, LBP and the Count3.' have reevaluated the t':.'.'.'pe of cross-sec:ion for Livinaston Road and ~,a,,'e a~eed that Livingston Road should no'.,.' be constructed as an urban cross-section; and ",V'HEKEAS, the parties have a~eed to amend and restate the Developer Contribution A_m',eement to reflect that Livingston Road will be cons:ructed as an urban cross-section. WITNESS ETH NOW, THEREFORE, in consideration ofTen Dollars (S10.00) and other good and valuable ~ consideration exchanged bem'een the parties, the receipt and sufficiency of which is mutually i! acknowledged, and in consideration of the coven~ts c~ntained herein, the part/es a~ee as £ollows: .t A~eement. The above recitals are true and correct, and are herewith incorporated as a part of this Count5.' Commitments: Phase Phase I of the project is defined to be the length of Livingston Road from Immokalee Road to the proposed access point at LBP's Property, said road corridor more specifically shown in Amended Exhibit "B", attached hereto and incorporated herein. 2. The County.' shall continue with its acquisition by gift, purchase or eminent domain, at the earliest possible date, of all necessary, right-of-way for road purposes within the Livingston Road corridor north of Immokalee Road to the Collier County/Lee County. boundary. The County shall be solely responsible for the payment of all costs and expenses associated with such property acquisition. NOV 1 O 1998 3. Other than the engineering costs to be paid by LBP pursuant to this Agreement, the County shall be solely responsible for the payment of all costs and for all applications mm:!in preparation associated with Construction Plans and road right-o.f-way permitting, including completion of all environmental permits and environmental mitigation requirements (land acquisitions, dedications, or monetary contributions) by any applicable jurisdictional authority. The County's commitment shall include the cost of any environmental or species -~ur'veys required by any jurisdictional authority. 4. The County. acknowledges that the timely completion of the road right-of-way acquisition, together with the necessary, construction plans and permitting, is a critical and fundamental aspect oftl'As Developer Conta'ibution A~eement. Therefore, the County shall acquire the road rift-of-way (including completing eminent domain "quick-take" procedures) and finalize the construction plans and permitting, including completion of all mitigation requirements, on or before December 31, 1999. 5. Upon completion of the Phase I road construction by LBP and acceptance by the County. in accordance with the requirements of the Collier County Land Development Code, the Count.,.' shall be responsible for maintenance of the Phase I road construction. 6. The County shall engage the services ora qualified Construction Engineering and h".spection (CEI) consultant to oversee all phases of the construction to be undertaken by LBP as set forth below. LBP's C~mmitments: Phase 7. Within twelve (12) months after the County's acquisition of all necessary right-of- way property rights, plus completion of all necessa:->' plans and permits, LBP shall be responsible for commencement of construction of a two-lane; undivided road with an urban cross-section between and the proposed entrance to LBP's Property ("Phase I road construction"). LBP agrees to indemnify and hold the Count>' harmless from all acts, errors and omissions of its aments, contractors, subcontractors, and personnel with respect to any requirement of any permit th[t has been issued in the name of Collier County. A general description of the Phase I Road Construction is set forth in Amended Exhibit "C" attached hereto a]nd incorporated herein. The construction of Livingston Road by LBP shall be in accordance with the construction plans, specifications, and permits approved by the County. The cost ofthe road construction, including fill is estimated to be S3,499,470.00 pursuant to the certified estimate oft. he cost of construction as described in Amended Exhibit "D" attached hereto and incorporated herein. LBP shall pay one-half of the engineering fees above and beyond the executed Supplemental Agreement No. 7 be~'een County and Hole Montes and Associates, Inc. to modify, the existing construction pIans to an urban cross-section fi'om a rural cross-section. LBP's portion ofthe engineering fees are estimated to be S197,500.00. In order to expedite the construction of' Livingston Road LBP shall have the option, but not the obligation, to be~n earth work, clearing, _m"ubbing. and filling activities, subject to permit conditions at the time the Count3.. acquires the necessar3' right-of-way propert3, rights on which these activities will occur. 8. Upon commencement of the Phase I road construction, LBP shall convey to Collier County road right-of-v,'ay for the nortlv'south Livingston Road corridor ','ia easement or warranty NOV I 0 1998 deed in accordance with existing commitments in Planned Un. it Development documents applicable to LBP's Property.. The estimated cost of such north,'south riv..ht-of-wav dedication to LBP's project entrance is $353,400.00, subject to a County approved real-estate Al~praisal.- The credit shall be based on the appraiser's deter'ruination of fair market value. In addition, LBP shall accept conveyance, treatment and attenuation of the storm'd'ater from the above mentioned nortl'v'south right-of-way adjacent to the Property. The estimated cost of this stormwater attenuation is S340,000.00. 9. The value of LBP's contributions for Phase I of the project are an estimated total of 53,852,870.00. In addition, LBP shall reimburse the County for all costs for the CEI consultant previously mentioned. The expenses incurred by LBP pert;aining to the CEI consultant shall be considered a project cost and LBP shall receive road impact fee credits as set forth in this Atreement for such expenses. In addition, LBP shall receive road impact fee credits for sur,,'e~"in~, and engineering costs incurred by LBP to construct the Phase I road construction upon submission~fthe actual construction costs certified by an engineer or architect. Phase Il oft.he Livingston Road project is defined to be the length of Livineston Road from the proposed access point at LBP's Property to the Lee Count',' li~e, said ro~ corridor more particularly shov,'n on Amended Exhibit "B", attached hereto and'incorporated herein. I0. The Counts"s cormmitments for Ph~e II ofthe Livingston Road constraction shall be identical to the Count',' Phase I commitments including the cost olZright-of-',vav acquisition, costs and applications for construction plans and permitting, including the costs ofr~itigation and shall be completed by December 31, 2000. Upon completion of the Phase II road construction and acceptance by the Count.',', the County shall be responsible for maintenance of the Phase Il road construction. LBP Commitments: Phase Ii. a. Commitments for improvements: Not. later than December 31,2001, and after tile Count,.- obtains all County commifments for Phase II. LBP shall commence construction of Livingston Road as a two-lane, undivided road from LBP's Property entrance to the Lee County line ("Phase II road construction"). LBP's total estimated cost of the Phase II construction is approximately $683,830.00, including roadway fill, roadway construction and land donation described in para,apb 11 .b. A general description of the Phase I! road construction is set forth in Amended Exhibit "C" and incorporated herein. The certified estimate of the Phase II road construction costs is attached hereto as Asnended Exhibit "D" and incorporated herein. LBP shall also reimburse the County for all costs of the CEI consultant mentioned above. LBP shall receive road impact fee credits for costs and expenses it incurs for the CEI consultant, engineering and sum'eying relating to Phase II road constr~.,ction upon submission of the actual construction costs certified by an engineer or architect. PG. ~ , Commitments for fight-of-way: Upon corrLmencement of the Phase II road construction, LBP shall convey to Collier County road fight-of-way for the north/south Livingston Road corridor ','ia easement or warranty deed in accordance with existing commitments in Pla,-med ~nit Development ~locuments applicable to LBP's Property.. Th6 estimated cost of such noah/south fight-of- way dedication to LBP's project entrance is S251,600, subject to a County- approved real estate Appraisal. The credit shall be based on the appraiser's determination of fair market value. 12. In exchange for LBP's road construction and land dedication costs in the amount of approximately $3,852,870 related to Phase I of Livingston Road, a regional transportation facility, LBP shall be entitled to the following: ~ Upon completion of the Phase I road construction and submission of actual certified costs of construction, LBP shall receive a road impact fee credit with a value of S1,500,114 ("Phase I Road Impact Fee Credit"). The Phase I Road Impact Fee Credit shall be treated as a prepayment ofroad impact fees for 646 single-family units (current road impact fee of $1379 per unit) and 640 multi- family units (1-2 stories) (current road impact fee of $952 per unit) for the limited purpose ofvesting these units for transportation concurrency. Such vestin~ shall be evidenced by the issuance of a Certificate of Public Facilities Adequacy (for Transportat~n Facilities) at the time such Phase I Road Impact Fee Credits are granted. LBP shall pa.,,' any increase in the Collier County road impact fee ,,vh/ch ma.,., occur subsequent to the date of this A,zreement at the time it obtains a buildin~ permit. By ,,'~ a.,. of example, m the event the road impact fee for a single-family ,unit is SI,500.00 a~'the time a buiiding permit is obtained, LBP shall either pay the Court .ry S 121 ($1,.500 -S 1,379 = S 12 I) or shall apply additional road impact fee credits as payment for such amount. The total units to be constructed on the Property shall be determined in accordance with current and/or future zonin~ approvals by Collier Count,,, provided, however, that LBP shall be entitled to the total Phase I Roa~ Impact Fee Credit (S1,500[114) set forth above. Future road impact fee credits in the estimated amount of 52,352,756 ("Phase I Future Road Impact Fee Credits") which can be utilized by LBP and/or/ts ass/mas only upon the completion of Li'.'inzston Road to Bonita Beay~ Road in Lee Count',,' pro'.'ided th~ total actual credit is consistent with i~aragraph 22 of this A~e,.ment and further provided that the deed or easement described in para~aph 8 has been recorded in the public records. The Phase I Future Impact Fee Credits shalI be an actual cash value credit and shall not be a dwelling unit credit. L"npact Fee Credits: Phase 13. In exchange for LBP's road construction and land dedication costs in the amount of approximately S935,430 as described in Para~aph 11 of this At,'reement for the Phase II road construction, LBP shall be entitled to road impact fee credits upon ~ompletion of the Phase II road construction by LBP and submission of the actual certification of construction costs ("Phase It Road Impact Fee Credits"). The credit for the donation of land shall be effective upon recording of the NOV Itl 1998 warranty, deed or easement. The Phase II Road Impact Fee Credits shall be actual cash value credits and shall not be dwelling unit credits. 14. In the event the County's right-of-way acquisition cost~ for Livingston Road for that portion of the right-of-way adjacent to the Property. is reduced because of reduced ri~t-of-way requirements due to an urban cross-section, LBP will receive road impact fee credits based upon the appraised value of the fight-of-way multiplied by the reduced fight-of-way acreage ("Contingency Road Impact Fee Credits"). By '.,,'ay of example, if the fight of way necessary, for that portion of LMngston Road adjacent to the Property is reduced by ~'enty (20) acres and the appraised value of the rift-of-way is 525,000.00 per acre, LBP shall receive Contingency Road Impact Fee Credits totaling $500,000.00 (20 x 525,000.00 = S500,000.00). This para~aph shall only be in effect if the actual cost of constructing an urban cross section exceeds v, venty percent of the initial certified estimated cost attached to this A~eement as &mended Exhibit D and only to the extent of such excess costs. 15. The Phase I Road Impact Fee Credit, Phase I Future Road Impact Fee Credits, Phase II Road Impact Fee Credits and Contingency Road Impact Fee Credits shall be collectively referred to as "Road Impact Fee Credits." The Road Impact Fee Credits may be assi2ned by LBb to other propeaies within the area described in Exhibit "E" until completion of Livin'~ston Road to Bonita Beach Road in Lee Counb' and, thereafter, to other properties within Road Impact Fee District No. 1, whether the property is owned bv LBP or by another proper~y ov.'ner. 16. LBP reserves for itself and its assigns the fight to chan~,e the .types of uses to which the Phase I Road Impact Fee Credits may be applY'ed. The r~ad impact ~fee ordinance in effect at the time of application for a building permit shall be used to value any credits which may be converted from one type of land use to another, whether by LBP or any of its assi~s. Accounting'Use of Road Imp2ct Fee Credits 17. Consistent with the timing schedule set forth in para~aphs 12 and 13 of this Agreement, the County shall apply portions of the Road Impact Fee Credits toward (i) the road impact fees which LBP is required to pa.,,' for each building permit which is applied for on the Propeay or (ii) an,.' assignment of Road Impact Fee ~2redits to other property owners, thereby reducing the balance of the Road Impact Fee Credit by the same amount. 18. The County shall provide LBP with a certified copy of this A~eement, including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Road Impact Fee Credits Ledger) shall sen'e as the ledger sheet to document LBP's balance of Road Impact Fee Credit. 19. With each building permit issued on the Property., the Count2,.' shall subtract from the Road Impact Fee Credit balance the amount of(i) Road Impact Fees appropriate to that particular permit, or (ii) Road Impact Fee Credits attendant to the particular assignment, and shall enter the new balance in the ledger column labeled "Impact Fee Credit Balance." 20. Count.,.' shall monitor impact fee collection within the Property to assure that only impact fee credits ~anted to LBP pursuant to this A~eement are used as impact fee pa 'merits for N 0 ¥ 1 $ ail impact fee construction within the Propert)', until all impact fee credits granted to LBP pursuant to this A~eement are utilized by LBP or assi~ed in accordance with the terms ofthis Agreement. 21. The County. shall apply all road impact fees collected bO the Counb, from properties located within that area described in Exhibit "E" to the Future Phas~ I Road ImPact Fee Credits, Phase II Impact Fee Credits and Future Phase II Road Impact Fee Credits issued'to LBP pursuant to this Agreement. Upon application by LBP, the County may forv,,'ard to LBP, on a semi-annual basis, said road impact fee payments received by the CounW. 22. No sooner than five (5) years from the date of ti"ds Am'cement, upon ',Tirten application made to the County. by LBP, the County may, within sixty (g0) days, refund to LBP moneys equal to the current Road impact Fee Credit balance. In the alternative, the Count)))' shall continue to permit LBP to utilize or assi~ any remaining Road Impact Fee Credits. 23. In no event shall an,,' road impact fee credit be granted for the co:~t of constructing the network improvements in excess of tv,'entv percent of the initial certified estimate of costs attached to this Agreement as Amended E~hibit"D". This limitation does not apply to the valuation of land dedicated for road right-of-v,.ay which shall be valued based upon a count2,.' approved appraisal. 2.1. Upon conveyance of land interests to Collier Count',', the developer shall provide an attorney's opinion as to the record title holder of said land interest: which opinion shall identify all l/eaholders having an.,.' lien or encumbrance affecting said land interest. ' General Provisions 25. The burdens of this A~eement shall be binding upon, and the benefits of this A~eement shall inure to all successors in interest to LBP. 26. Except as provided herein, this A~eement shall only be modified or amended by a mutual wr/tten consent of the part/es hereto or by their successors in interest. The parties acknowledge that this Agreement may be amended to address additional matters v.'hich were not foreseen by the part/es at the time thev entered int~ this Am'eement, such as issues related to stormwater runoff for that portion of Li,.'in,vston Road sout~ of the southern boundary of the Property. ' . 27. LB? shall keep or provide for the retention of adequate records and supporting documentation which concern or reflect the total value of construction or installation of the Road and Utility Project. This information shall be available to County, or its dui',,' authorized auents or representatives for audit, inspection, or copying, for a minimum of five (5) years flYom the completion and acceptance of the roadway improvements by the County. 28. LBP acknowledges that the donations or contributions contemplated under the Agreement shall be construed find character/zed as work done and property rights acquired by a highway or road agency for the improvement ora road within the boundaries ora fight-of-v,'ay. 29. The County shall record this Agreement, in the Public Records of Collier County, Florida, within fourteen (1~,) days of its execution by the Chairman of the Board of County Commissioners. 30. This written Agreement, including ail exhibits and permits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous v, vitten or oral agreements, understandings, promises, warranties or covenants not contained herein. 31. Either party, to '~s Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions ofth/s A~eement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement. 32. LBP shall have the same obligations pertaining to FPL facilities v,'hich it had under the Developer Contribution Agreement. 33. This A~eement shall be construed in accordance with the lav,'s ofthe State of Florida. 34. essence. In the fulfillment of obligations set forth in this Agreement, time shall be of the IN W'ITNES S W'HEREOF, the parties have hereunto affixed their si~atures by their duly authorized representatives. Attest: Dated: DW'iGHT E. BROCK, Clerk BOARD OF COU%'TY CO.~MISSIONERS FOR COLLIER COU%'TY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Approved as to form and legal sufficiency: By: BA.R~ ARA B. BERRY, Chairman Heidi F. Ashton Assistant County Attorney NOV I u 1BBS ~,_ /..~ WITNESSES: LONG BAY PARTNERS, LLC, - a Florida limited liability company Print Name: By: BONITA BAY PROPERTIES, INC., a Florida corporation, its Managing Member By: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was ac 'Icnowledged before me this __ day of ., 1998, by , of Bonita Bay Properties, Inc., a Florida corporation, Managing Member of Long Bay Partners, LLC, a Florida limited liability company, on behalf of the corporation and limited liability company. He __ is personally lmov, an to me or m has produced driver's license no. as identification. NOTARY PUBLIC Name: (Type or Print) My Commission Expires: NO¥ 1 0 1998 PG. /~ COLL]E~ COL~f .... ~'~[Oh'S II, I], ~ I~ T3~%.~;~1P ~ ~Z~, F, AbG~ ,' ~.~ -- ' ~' ~ ~ I ~ ~ .... ~ A~ [', t ' SOb~H, P~N'G~ M ~, COLLI~& EOb~f, FLORIDA; TH~CE ~, N. 0C'::';;- W. ALONG ~ Lff;E OF SALD ~O~H~T 1/4 OF SZ~ON i2, FOR A D[~ANC: C.F ~' --.. C~ OF 5A.~ SE'~ON ]2; Tr~CE COH~ N. 0G'52'~7' W. ALONG T~ ~.~ L/NE CF ~Ob~ST 1/4 OF ~ffE NOK~~ I/4 OF ~A~D. SE~C,N I~ FOE A DI~ANCE OF I~ I~.77 ~ TO ~A,D ~E~ON L ~4 ,~ W. ALONG ~HE ~O~ L/NE OF ~HE ~GD~HE<~ I/4 OF ~HE I/4 GF ~HE NOp,~,~,~ I/4 OP ~AIO SE~ON 12. FOR A DISTANCE O~f~2.]~ FE~To $OL~HW~T CO~NE~ OF 7HE ~O~d~ I~ 01.' THE NORT~ I/4 Of ~HE NGI~W~ I/4 SAID SE'~iON ~2; ~H~CE RUN N. OO'~O~' w. ALCNG ~HE W~ L~NE CF THE S0~H~%~7 I/4 OF ,~E NGP,~ I/4 C.F ~HE NGR~H%'~ I/~ O~ ~AID 5E~CN 12, F.O& A 51~ANC5 OF ~ TO ~ NGK~~ NO~'.~ COF~N~ OF Tr:E SC'~H~ l/4 CF ~E ?;O~T~= ~ ~T 1/4 OF THE [/4 OF SAiD SE~ON 12; ~'CE K~i N. ~ .. 4. m ALONG ~E h'G~.~ L~'E OF THE ~'~L~:~ l/40~ T~E NO~TN~ 1/4 O~ TN~ NGR~N'~'~ l/~ OF 5AID ~F; 12, gOg A NC&TH~ST l/4 O~THENOiLTNW~i/4 OF SAID SEC~GN Ii;THENCE RUNN. O~ ,~O~ W. ALONG · ' ~ '~ -A,~ ~ON' 12: TM~CE R~' ~ ~'~0' W A.~,~. ~ N'CF, TH L~E OF ~E NOKTH'&'~T I/4 CF cA 'D S~;CN I~, FC~ A DISTANC= OF RL~'c C~ ..~, - , " ~ ..... E[~TANCECF~];~'S~FE~TOT~ENC. R,~:~.~CDRNERCFTHEc_, ..... A. ~:STANCE CF 12'~.~2 ~ TO ~EE h'CK~'~ CO?uN~R OF ~E SC'L~E~.ST l/4 OF h'CR~--~'~TI/4OF~AiDSE'Z;ON II;%~CERL~c C,-.~ E. CF cA'3 ~ .... , E ~LGNG T4E ~'~ L~N'E C'F THE N'GRT4~*, ~Z , .~R A D~, A?¢CE C; 13~.7] FE~'TO ~ ~C.L~N',A'~ CORNER CF THE ~ NCK~E k~ CF ~<E ~'3b~H'~ 1/4 CF ~-JE ~CL~-;~.~T I/4 OF ~'~-- x.~-- ~-' ..... ~.~ n * ~, CCRNE7, C.F ~E $OL~'~T I/4 OF TEE ~'CL~4~.~T I/4 CF ~A;D 5E.~[CN i];~4~.CE RUN,c C6'4~'~ A, ¢~.- %~E 2C'U%H'~'~T CG¢.N'E.K CF THE SOU%~&~ I/4 OF ~AID SE'~C.N I I; T~.CE R~ tN N. It'4, I, E ALCNG THE ~CL ,~-: LINE CF THE 50L~4~¢~ I/4'CF ~A/D ~E~;ON' I;. FCa A r~ B,~ ~AN~: OF %4~'CE RL~' ~ 6;'4~%~- ~ -CNG %4E W~% L;NE CF %HE N'C,R%-;'~% 1/4 CF ~AID SE~ON 12. NC'RTrF&~T 1/4 C'F THE h'OATri'&~ I/4 OF c .A,~ 5E'~ON 13; %4~CE RL%' N. ~PS8'13' ~ ALONG %4E 2CL~4 L%'E CF %HE N'O,% ~W~T 1/4 CF THE ~C&%4%'~% I/~ CF %45 NCR%4W~% 1/4 CF ~AID SE'~iCN 13, F,DR A ~:STAN'C~ CF ~.12 FE~ TO THE SOb~H~*,~ CC'?u';2R OF ~E THE h'O~%E'~T 1/4 OF SAiD SE.~ON' 12. F.gK A D{~AN~ CF ~7~.07 FE~ TO %-;E SE'~CN' 13; TH~'CE Kb~ N. ~8'4 l'O0' E ALONG TNE SCL~ L~'E CF %HE SC'U%HW~T I/4 OF ~E'~ON 1~, TO'~%'~lp 4~ 2OL~H, ~.NO~ ~ ~, FOR A EI~ANCe CF 19~21 FE~ TO %4E POINT OF ~ E.SiN%.~G' ~% iaa scu~ 1/4 of ~¢ scu~w~ 1/4, 1~ s~ ~0 f~ ~ ."rjr-, , i/4 cf ~ ncr&~.~: I/4 :-~ scu:h~-~ I/4 cf ~: "r~. 1/4 ~ '** ~ -" "~ ~ ~ ::r&~'_~ I/4cf~: -..~ / I LIVINGSTON ROAD PHASE 2 LMNGSTON ROAD PHASE 1 AMENDED EXHIBIT 'B' I';'ILSO'X 4~ MILLER LONG BAY PARTNERS (IBp) LJVINC, STON ROAD ~' ~' AMENDED EXHIBIT'C .Description of Work' L._.iyineston Road (North-South Segment) Phase I ,,,,'ill consist of approximately 13,720 lineal feet oftwo-lane arterial urban roadway from Immokalee Road to the propored LBP project entrance. The construction will include mobilization; clearing and grubbing; filling and grading; roadway subgrade, base and asphaltic concrete paving; installation of storm drainage facilities; sodding and seeding; seeding; signage and pavement markings; lighting; signalization; traffic control; construction engineering and inspection and materials testing; construction surveying and layout; and all incidental work necessan, to complete the roadway in accordance v, ith the construction plans and specifications prepared by Hole, Montes and Associates, Inc. and approved by Collier County. The work will also conform to the requirements set forth in the South Florida Water Management District Permit No, 11-01359-s and U.S. Army Corps of£ngineers Permit No. 1990~)1402('IP.CC) as it applies to construction of this facility (mitigation requirements are not included). Phase II will consist of approximately 2,480 lineal feet of ~'o-lane arterial urban roadway from the proposed LBP project entrance to the Collier/Lee Count3.' line. The construction will include mobilization; clearing and grubbing; filling and grading; roadwav subgrade, base and asphaltic concrete paving; installation ofstorm drainage facilities; sodding and seeding; seeding; signage and pavement markings; lighting; signalization; traffic control; construction engineering and ,. inspection and materials testing; construction surveving and layout; and all incidental work : necessary to complete the roadway in accordance w/th the construction plans and specifications prepared by Hole, M'ontes and Associates, Inc. and approved by Collier Court ,ry. The work will also conform to the requirements set forth in the South Florida Water Management District Permit No. 11-01359-s and U.S. Army Corps of Engineers Permit No. 199001402(IP.CC) as it applies to construction of this facility (mitigation requirements are not included). A.~:,'~ E D EXHIBIT D OPINION OF PROBABLE CONSTRUCTION COST LIVINGSTON ROAD PHASE I & !1 Livingston Road Phase I (13,720 LF) Two Lanes I Mobile. abort LS S 295..~O3 00 $ 29S.g00.00 2 Maintenance of Tmr~c l j LS $ 10,200 00 $ 19,200.00 3 Cleadng & Gi'u~'ing 8§ AC $ 2.103 G0 $ 186.~0.00 4 Sid~alk 7,700 SY $ 12.50 $ ~,250.00 5 Shelter Base 13,000[ SY $ [00 S 65,000.00 6 Type S As~al~c Concrete (2'} 48,800~ SY $ 4 0O $ lg5.200.00 7 FncScn Coume 48.~00 SY ~ 2 00 $ 97.60000 8 ' Road~'ay Base 36,600 SY~ S 6 CO ~ $ 219.500.00 ~ ~Pnme&T~ckCcat 6,700 GA ~ ~ 50 S 10,72000 lO ITy~e B Sta~il/za:,cn ~12') 51,aC0 S'f j $ 1 40 S 72,520.00 12 {Stc~P,~e 5,500 LF !s 3~00 , 165,000.00 13 )So~aing,Fec.~,'Yater 178,400J SYj S 1 20 ~ 214.08000 l~ )see~:M~mcn lsT.7co( s¥ .... ) S 0:0 S 37,~0.00 1~ ~S~Gning & Mam~ng 13.7CC LF S 3 50 j $ 47.95000 LS $ 55000 00~ S 55,000.00 2~.~,~ S 26,510.00 1~ jCcnst~c:~cn Engmeenng an~ lns~ec:ion (CE~) and Ma:enals Testing J j S 253,000 00 Livingston Road Phase I Total~ $ 3,499,470.0~ Livingston Road Phase II (2,480 LF) Two Lanes 1 Mcbiliza!i=n LS t $ 62.500 00 $ 62,500.00 2 Main~enacce cf Tra~c O LS 3 Cleanng & Gc~==mg 15 AC 4 S,Cewa~ 1.40~ 5Y 5 S~oulCerEase 2.3C~ SY S 500 5 11.500.00 6 )Type S As:~a)t,: Concrete ~2') 8.~C0 5Y S 4 0O j S 35.200 C0 8 RoaCway Sase ~ 5.SGCl 5Y ~ $ 5 00I S 39.600 ~0 9 Pdme & Tack Coatj 1.200 GA ' S 1 60 J S 1.920 CO 10 Tyce B S~=,lization (~2') { 9,400: Sv S ,401 s 13,15300 11 m,et%MHs,'MES/EW ~ 14l ~ $ 750 00 J S 10.500 C0 12 Sto~ Pi~e 1,000 L~ S 30 O0 $ 30,000 00 13 '[Sod:mg'Fe~'~a~er I 32.2C0~ SY S 12~ S 38.640 C0 17 Lign~ngI 1 LS ) S 15.90~00 $ 15,900.00 Subictal w,mou: F)II ) J S 340.53000 18 Ea~wom (Embankment) 19 Const~ciion Engineering anO mnsoection (CEI) anu Materials Testin~ ( $ 92.00000 Livingston Road Phase II Total Total Phase I + Phase II S Estimated costs do not include landscaping, utilities, right.of, way, ve t ..t wo,k. NOV WI LSON '~'""~- -,.,-,;., MILLER 11 12: IMPACT FEE MENT AREA ~- EXHIBIT E · LONG BAY PARTNERS DEVELOPER CONTRIBUTION AGREEMENT IMP.A. CT FEE ASSIGNMENT AREA *Pelican Slrand PUD i$,.no! included until connected to Livings!on Roa, I~.. ~TILITY IMPACT FEE CREDIT LEDGER [.MPORTANT: This Utility Impact Fee Credit Ledger is intended to document the balance of Utility Impact Fee Credits applying ONLY to the following property: Beginning Balance ............................. $ DATE PERMIT NO. UTILIT'YIMPACT FEES DUE IMPACT FEE CREDIT BALANCE COUNTY QFFICIAL {Signature) DEVELOPER REP, (Si~na!,ure) EXHIBIT "F" EXECUTIVE S UM15L~RY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A CONTRACT AMENDMENT FOR DESIGN SERVICES FOR THE NEW DOMESTIC ANIMAL SERVICES FACILITY OBJECTIVE: To provide the community with a new and appropriately sized and more centrally located Domestic Animal Control Facility. CONSIDERATIONS: In 1996 the staff submitted to the BCC a suggestion that the land currently occupied by thc DAS Department be sold and the proceeds used to purchase another property and put towards the construction of a new facility. Thc Board directed that staff pursue a ne.v DAS facility but that the property on Orang~ Blossom and Airport Road should be held in County inventory for future County uses. Subsequently, several articles appeared ira a local paper reD~rding the need for a new DAS facility, profiling the Department. As a result, a donation of ten acres of land on Davis Boulevard valued at over $650,000 was made to the County with the condition that it be used for a new Animal Control Facility. The Board accepted this property with this condition and budgeted funds in the next fiscal year to begin the process of&signing a new DAS facility. The architectural firm of Bacon and Associates, Inc. was hired through a request for proposals process to prepare the design, the estimate of cost and to provide construction management services for the project. The project's original estimate ,,vas $1.6 million. This estimate was prepared in-house by a construction management staff that had never been involved with an animal control type facility and made several key errors in terms of square footage estimates. After initial programming by the architectural firm, the facility's cost estimate came in at $3.4 million. Since that time the project has been "value engineered" to make cost reductions wherever possible. Through this effort buildings have been changed from CBS construction to metal, the size of the individual kennels has been reduced, the dimensions of the slab area around the kennels has been reduced and all finishes were re- examined and revised where possible, and the design and construction management fees ,*'ere reduced from roughly 9% to less than 7%. Further cost savings were made by including no underground plumbing with the kennels, there is no air conditioning or heat other than in the administration area, the interior furnishing figure is spartan at best, and the Parks Department is being asked to pay for the barn facility ($70,000) ,as it will be used on a daily basis to house ranger horses. Following this effort, the revised estimate for the project is $2.4 million. For this price thc County would still receive 95 kennel spaces for dogs compared with 54 today, room for a maximum 125 cats versus current capacity of 45 cats today, a much better designed public area with a loading/unloading area and quarantine section that is much safer for thc employees and animals, a sep,'u'ate euthanasia and crematory area and site security. Because of the varim~ce between thc budgeted amount for this projcct and thc architects actual estimate of cost, this project is being brought back to the Board before final design drawings are authorized and the project put out for bid. It was felt that the project had changed substantially enough and that the associated increase in architectural fees ,,vas a good catalyst for bringing the issue to the Boarq's attention. FISCAL IMPACT: Obviously, even with the staff doing everything possible to bring the project cost down, it is still significantly higher than is budgeted. After reviewing professional design drawings and cost estimates it is believed that to build a project within the budgeted amount would not provide enough additional kennel space or improvement to warrant proceeding w/th the project. As a result, staff is strongly recommending an increase in the project budget to accommodate thc new project cost estimate. Given the circumstances, there are several financial options provided for the 13oard's consideration. Thc first is to continue with the phased construction as was origi.'nally plann~:d. This anticipates that the balance of the project to be funded in next fiscal year will require an appropriation of $1.6M rather than the anticipated $800,000. The project was originally contemplated to be spread across two fiscal years, Iq' 99 (the current fiscv. I year) and 00. The construction contract, which is expected to be let in June of I999, would be designed so that the first portion of its expense would occur in lq' 99, while the balance of the project would be completed in FY 00. \Vhilc the contract itself would be spread over two years, the actual construction schedule would not be affected in any way. Construction would simply proceed normally beginning in June/July and proceed until completion some 10/12 months later. I3~, spreading thc expense in this way, the increased project cost would not affect the ~lready approved Iq' 99 budget in any way. However, the project had planned on requiring a budget of $800,000 for FY 00, and if approved will now require an appropriation of $1,600,000. A second option would be to simply appropriate the additional fundin~ in this fiscal 5,ear_. This option would require execution of a budget amendment t"ransferring an additional S1.6M from fund 301 reserves (current balance - $371,100) and general fund reser~'es (current balance - $5,905,700). Should the Board decide to proceed with this option, it should be noted that at the final budget hearing the general fund had a surplus of $2,756,700 in non-recurring revenue. The Board appropriated $1,799,000 of that revenue in various projects leaving $957,700, which wa.~ added to reserves. There are several adv,'mtagcs to this option, as the construction bid and contract, if designed to be phased over a two year period, does not have security for the bidding firm that the second phase of the contract will indeed be funded at the outset of the contract. As a result it is expected that all bids will be slightly higher than if it were done as a standard fully funded contract. Secondly, because this project is funded from the ad valorem capital fund, the funding source is the same whether it is appropriated in this fiscal year or next. By appropriating the funds now, there is no need for the architect to develop a two phased bid document, and the ability to proceed into the budget workshops for next year's budget will be unencumbered by the required balance of this project from 301 considerations. i .gend Y~em A third option would be to abandon the proiect. This option would forfe,t the donated property, that was valued at $650,000 :md require that the County Zither remain at its current location or begin looking for ;mother location elsewhere. It should be noted that originally a new facility was being contemplated because of the age and condition of the existing facility. However, the growing residential characteristic of immediately adjacent properties, made improvements on the Airport Road and Orange Blossom location a poor investment. As a result other alternate locations were being investigated. To remain at the current site without any improvements or expansion is not an option. The number of animals impounded and the requirement that all be held a minimum of five days before they can be euthanized will require the construction of new kennels. Further, the Library Department is also planning to construct the proposed Regional Library on the Airport and Orange Blossom property and is in process of selecting an architect to proceed with the design of this facility. GROk~rH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION TI'L,\T THE BOARD OF COLLIER COUNTY CO*IMISSIONERS, authorize the attached amended agreement with Bacon and Associates, Inc., and direct staff to proceed with the final design and bidding of the project anticipating an increase in the total project cost of $800,000, and direct that a budget amendment be brought forward with the construction contract that will transfer funds from resen'es and allow a complete construction contract to be executed. Prepared by: /~~ 2z~;~'-a~ ~V. ~--~i~tt~blic Serx'ices Administrator Skip Camp, Facilities Management Director DOMESTIC ANE~IAL SERVICES SItELTER AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This ..-~mendment #1 to the Agreement dated May 26, 1998 (hereinafter "AGREEM2ENT") is made and entered into this day of ,1998, by and between *.he Board of County Commissioners for Collier Count'.,,, Florida a political subdMsion of the State of Florida (herein~er referred to as the "OWN'ER") and Bacon Group Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is I26 Third Avenue North, Suite 102, Safety Harbor, Florida 3469.5 (hereinafl. er referred to as the "CONSU'LTANT"). WITNTSSETH x),'r[EREAS, O\'~ .'NER and CONSb%TA..\T currently have a valid professional sen'ices agreement for the provision of professional services for the DOMESTIC ANI~%L~L SERVICES SHELTER (hereinafter referred to as "PROJECT"), said sen'ices more fully described in said AGREEXLENT; and WHEREAS, O\~,%"ER and CONSU'LTANT agree some modification to the ser-,'ices being contemplated under said AGREEM~ENT are necessar),; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional ser','ices that ,,,.'ill be required for the completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as foItows: 1.1 1.2 ARTICLE ONE CO~ SU'LT..-~',;T shall provide to O~,'v%TR professional engineering services in all phases of the project to which this Amendment applies. CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A o£this Amendment as attached as hereto. ARTICLE TWO 2.1 O',,~%'ER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees for Basic Services OB attachment A) and Consultant's Estimate of Additional Ser~'ices OB attachment C), as outlined in said AGREEX~NT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a pa~ hereof. ARTICLE TFIREE 3.1 The schedule for said Project shall be shown in the revised schedule C as attached hereto. A~end~em NOV I u 1998 Pg .-.~ ARTICLE FOUR 4.1 The AGRt!EMENT, as amended shall remain in full force and effect. IN' \\'iT.NTSS \\~EREOF, the parties hereto have executed this Amendment to Professional Set-vices Agreement for the DOMESTIC AN/aMAL SERVICES SHELTER the day and year first v,'ritten above ATTEST (.As to Chairman) BOARD OF COL,;"NTY coMa'.{ISSIONERS FOR COLLIER COL."NTY, FLORIDA, A POLITICAL SL'BDI',,'ISION OF TIlE STATE OF FLORIDA Dwight E Brock, Clerk Date: Approved as to form and legal sufiScienc;' As'sis~nt ~o~nt.,,' Attorney Witness Barbara B. Be,w, Chairman Bacon Group Inc. 126 Third Avenue North Suite 102 Safety~ By: RJ, c'h"ard S. B¢on, A/A, President (CORPORATE SEAL) =..ACC, II GROUP ~' 72.5 0209 10119/95 15:10 Attacbament "A" GENERA L AMENDMENT TO TItE SERVICES T?.is docume=', s:".~!: amend the DOMESTIC ANIMAL SERVICES SHELTER. PROFESSIONAL SER',.'I(;ES A(iRFEkFENT, RFP u97-2754 doted .',,'in)' 26, 1908 nnd Purchase Ord:r No. 803'766 SCOPE: ~..':tec~ural and en.ein~ring services is amended due to' the ~ncrca=c project s:ol::,e and d:','e:opm:nt cvs:s. T'h,e ofigina] pro. icc: szope a.s d:scrib.:d i.n ~aracra~h A I.I. of the at*:,,,'= ........ , .... a_,...m .... :he r,e=d for structures ofapproximatel? 4.0(')0 .~cua.,c !:cci and thc '~,a... ,,. OV,%'ER'S budu"' SI 300.000.00 includint,: cor~truction cos: and aH consul'.am '.":rs as paragraph '~ ~ :. De','elonm~a of the Progra.."n.'v,i. ng ~d Space Ne:ds Report issued by :.he Bm:on Group. Inc. and subseque.-',: r:'.'~ev,-?.,, Collier Count.,, indicates the nee,,, for a projec: ofapprox/rrm~e!y 33.086 se,aa.-: tee: ,.v'i:b. a total pro.:ected cos: of Two Miition Th:e: Hund,,:d Fi~v Eighl Thou.sand Sever, Hundred T?.i.-.y Nine Dolla.-s a.nd SLx Cer'.'.s. t'$2.358.739.0~). 'lZnis cost includes mc~ne,, allncatc~ for ';'-; ...... f,-'.::'Jrcs ,nd equipment comt':een:.v ~,d addi'.ional architectural and engine:,,ing fees. ADDITION ARCHITECTL'RAL AND ENGINEERING COMPENSATION: Due to the increase in ~roiec: scape and budget, thi.q arnendm:nl tn :he above agreement is lb.' the aciditiorml architectural mod engineering fees. The add/tio~l fees es descrit'-,cd b;Iow an.d in revised Schedule B -.~:tackm:nt A. ScNrdule Ft::s tbr B,-,sic Sc:'vic-.-,, '.and ScMdcl: B - Attach.wmnl C, (Consultmn:'s EstisTmtr uf'Additkmnl Service:,.), Ba~i~ Oriu L'U.: D..~',, ',4't' ~ Ac~,~ao.2. D.-s i_,un To:al Design Com~rLsation 74.095,00 $232,540.00 End of Amendmen! Collie' County. Domestic Animal Shel:er. .BACO~ GROUP ~'725 0209 10/19/98 15:10~'03/04 N0:034 Collier Courrty New Domestic Animal Sne!ter Schedule B · Attachmant A Schedule Fee~ for Ba~c Services No Name Bacon Alliance Tilden Hole Group, inc. Design Lobni~. Montes & Grouo Coccer Assoc. Siebein Assoc. Geotech Sulatotals /.2, De~ c] n, Reoorl I A3 I~rehminary E)esigr~ t A4 I Final Des~qn A5 ICons! Bid Service A6 I Cone, A.dmin ,A7 I Ccnst Obervet~on [-'" i-r'o-r'~, ..... 5.479 I 25.245 I 850 2.8D0 3.400 10.800 8.950 I 7,495 7.6z~4t 5.5OO 4.053 I 1.300 1.500 1,400 110 7,300 I2.506 2.800 3.800 J. 22.2 ~.~OO~ 3.800 3r~o~ 3~00 2~ 3.500 ~ i ~o~.o~= 8.;Y33 , II 2o.B',o N OV. i u i998 I GROUP 725 0209 10/19/93 15'10 Collier County Niw Dom#tlc Animal Shelter $ch~clule a - Attachment C Conmuttant'e E~tJmate of Additional 5e~lcm FN-O. '" ~)escdption ~ Tola~"' 1~ A~d:bonsl Con.ruction Obs. orv~lona f/day) See fi.5 through 2 Amhil~cJ, ural Rendering 2,750 3 41Permit~in.q fo Incinerator 4..000.00 . 5jBacon Grout Field Observmton/Day/Person 685/day/,perscn §JAlliance Field Ol~rvaliorVDay/Person " 250/da~/pemon 7JTLC Fie!d Otcservalion/Day/person i 320/,cer'sorVday. 8! HM&,A Fie~cl Obse.vation/ge~/,/Per,s~nj 2CX:~/da~.l,person 91 Siebeln FieJd ODservmlon/De"y/Person J l~200/day./pers~n , 10 Field Te, s~In.c Dunn,~ Constr'uctlon ! 2.600,00 B~et~ of CompenaItlon NC D~cnpHcn A8 ]Co~stru~ion Conlr~.-t Administra~icn A7 IDetailed Ccns~ru=~on Observallon I Additional Se,'wc, e~ Amount From Lured Sc,heauie B Sum A?,ach merrt A Psymem S25.574.~ i Ya S~.089.~ I Y~ I $~05,082..00 I Yes 1 ©~.,onal Mc,?,nly MOnl, nly Monthly Paymenl lB2 2] Pa~/ment :E.1.31 Complete No I No t No Yes I No I NO Y~ ! Nc I No i No Yes NO I No I $16.6'~.o0 I Yes Y~ i No I NO I $20.810.00 I No No I 1 A. tlacnmont 9 Or CI No NO I No I Yes , ~q~encf_~ ~Dt em ~ Nov tu ¢8 / NOV 1 u EXECUTIVE SUMMARY PROPOSAl., TO BEGIN SCIIEDULING REGULAR BOARD OF COUNTY COMMISSIONER MEETINGS ON THE SECOND AND FOURTH TUESDAY OF EACII MONTIt BEGINNING IN JANUARY 1999 OB,IECTIVE: That the Board of County Commissioners adopt a policy whereby regular Board meetings would be scheduled for the second and fourth Tuesday of each month beginning in January 1999. The policy would reserve the Board's authority to call a special meeting at any time the need arises in accordance with County Ordinance No. 75- 16, as amended. CONSIDERATION: Florida Statutes, § 125.01, gives the Board thc power to "Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings." The Board has the authority and latitude to establish a schedule to optimize the County's resources for preparation for regular Board meetings. Potential benefits of a twice monthly meeting schedule would also include a reduction in time senior staff personnel spend in Board meetings. This initiative would allow Division Administrators to devote more time to operational and management issues, and it would also free up more time for Commissioners to devote to their constituents. Moving to a twice monthly meeting schedule will not impact the land use petition public hearing process, nor will land use petitions usually occupy an inordinate amount of the Board's time. There are typically five (5) to eight (8) land use petition public hearings on the agenda of each Board meeting held on the second and fourth Tuesday of the month. Though the time required for each petition will vary due to the degree of complexity or controversy or the number of public speakers, experience has shown that a typical petition should take approximately 30 minutes. Thus, land use public hearings may now take up 2 ½ to 4 hours of each Board meeting. However, by properly using the Summary Agenda, the Planning Services Department estimates that the time spent on these public hearings can be reduced by 50 percent (I 'A to 2 hours). In the event of an unusually large number of agenda items, or especially contentious land use petitions, staff could request that the Board direct that one or more additional meetings be scheduled for a given month. In general, staff will be able to identify the need to schedule additional meetings well in advance. FISCAL IMPACT: The cost of court reporting and preparation of minutes is estimated to be about $700 per Board meeting. A conservatively estimated cost savings of 25 percent would amount to approximately $8,000 per Minutes and Records is budgeted at $248,000 in the Clerk of ~2ourts".~['?~=~g('bt b~nd is funded by a transfer from the General Fund (001). .(.;ROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the adoption of a policy whereby regular Board meetings would be scheduled for the second and fourth Tuesday of each month. That the Board direct Staff to return before the Board at the first available date with. an ordinance revising Ordinance No. 75-16, as amended, § 1. l.a., establishing the new meeting schedule. m~stra~oD: Vincent A. Cautero, AICP, Community Development & Environment Services Administrator REVIEWED BY: David Weigel, ~2ounty~tomey Date:_~~? APPROVED By:. ~{Jbert 1~. Femandezg~,aoumy Administrator g GFC.,/i~A IT~M N 0 V I 0 EXECUTIVE SUM'MARY BOARD APPROVAL OF RESPONE TO SHERIFF IIUNTER REGARDING CtlANGES blADE TO THE SHERIFF'S FY 99 BUDGET REQUEST. OBJECTIVE: That the Board of County Commissioners approve the written response to Sheriff Hunter regarding changes made to the FY 99 SheriWs budget request. CONSIDERATIONS: Chapter 30.49(4) of the Florida Statutes (see pages 2-3) provides the latitude for the Board to amend, modify, increase, or reduce any or all items of expenditure in the proposed Sheriff's budget and approve the budget as amended, modified, increased, or reduced. This statute further requires that the Board give written notice of its actions to the Sheriff and specify in such notice the specific items amended, modified, increased or reduced. On October 15, 1998 Sheriff Hunter sent a letter (see page 4) to Commissioner Berry formally requesting the following information in writing: · the final authorized Sheriff's Office budget amount for FY 99; · the specific items amended, modified, increased, or reduced from the original budget request. As the statute requires the Board to provide this information in writing, the County Attorney recommended that the response letter be presented to the full Board for their review and approval. A draft response (pages 5-8) is attached for the Board's consideration. FISCAL IN[PACT: None. GROWTIt MANAGEMENT IM2PACT: None. RECOM3[ENDATION: That the Board of County Commissioners: approve the response to Sheriff Hunter regarding the final approved Sheriff's budget figure and note the specific items amended, modified, increased or reduced. Submitted by: Approved by: M~.i Smykowski, OMB Director ~obert~.~y Administrator DATE: /t/" q- ~:g3v November 9, 1998 /h/eo Nov/eh(bet 9, 1998 AGENDA IT.EM NOV 1 0 lgg8 Pg. SHERIFFS . iS) Whenever a canv sumg out any vol shall demand t~at the snen,, m,.,'/upon specific prooerty and U~yone. other tnan the :efendanl. shall claim the own. echip or nght of possession [hereof, the sheriff, at his ¢.her ¢PI~on. may fi~e a oehuon in the court out of which De wril issuec ant ~rccure a rule to issue to t,~e_ plaintiff ~ to the path/so cla:'mng the properly Or the right to j:x~ess, i.on I,herec;. lc snow cause v/ny lhe levy should or stlould no, De ma~e: Dro'¢ided. that il the issue shall i.~¢ok'e Ihe titles o; DounCanes pi real estate, the pelf lion shall De flied in tr~e c=r=uit couP. The judge of such Cud, after due n.';tice to all parties in interest, shall determine whether or not such property is subsect to ["W u~de,' ',,"'.e wr?.. Any ;any aggrieved by such ruhng. i.duding the sheriff, may a=peal lherefrom, as from a fral decree in a cnar,"er-~, cause, and may have a .,~.¢ersedeas u[3on su:r, terms and conditions as the ge shall fix. In the lhe property is ultrmately tlud , event ix, id fo be sub/ecl to tne walt. Ihe plamtiff's wri! shall have priority over an), wnts levied subsequent to the &1to upon which the ' " p a~nh. s wn! was delivered Id the (6} No shedff snal~ be liable for makita3 an:/ levy jx~,,suanl to the specific order of a coun of ~:om~etent ;~-~.-..-~ 1.2.3 '~5~ 30.46 Sheriffs; motor vehicles color combination; ~dges; simulation prohiPned: penalties.-- ~ (lJ The color comDmahcn of forest Preen and whde . Eadopted as the offlc~a~ color/or use on'Inn motor vehi- cles and motorcycles used by Inn vanous sheriffs of · dda and Ineir'deputm_s. ; {2) For purposes of uniformity and in aid pi the rec- ~ilion of their official idenl~ty by Ihe public, a badoe in .~e shape of a five-pointed star with a replica o~' lhe F~.al seal of Florida with the map of Florida superim. pOSed thereon in$criPed in the center is desiana/ed as ; , I~ oflScJaI badge to be worn by the sheriffs a~d deputy ~-...~erfffs of all counties of the state. .~ [3) It shall be unlawful for any person olher lhan the It~dffs of Florida an3 their deputies, to color or cause ,.~be colored any motor vehicle or molorcycJe the same ~' similar color combmalion prescribed herein; pro. . fl;L~d, however, Ihat any municipal police depanmenl '- {~o~herlaw enforcemeni ac~ency or any private erson [cOncern usmg/he same or s~mitar color comb~Pn~ation dale of this ar'I s~all be permitled to conlinue use Such colors unlil such time as new colors are by Such agencies, or private person or con- I[ shaII be unlawful for any person other than and deputy s~edffs to wear an ofliciaJ sheriff's prescribed herein, or to wear a badge or Such similarity to lhe official sheriff's badge uishable therefrom at a distance of 20 nothing therein shall be conslrued to rnembers of any military, fraternal, or similar or any other law enforcement officer from nia officially adopted or worn prior to date of this section. Ch. 3u (5} Violalion of any of the provismns of this acl shall be a misdemeanor of lhe firs! deoree, punishable as provided in s. 775.082 or s. 775.0~3, 30,48 Salaries.~Each shenff snail receive for ;he pedormance of official dulies as sheriff an annual sal- ad, which shall be payable monthly, twice per month, or biweekly; provided, tha~ compensation for semice in office for a pan of a calendar month shall be paid in the propo~on l~at the ~ays se~ed bear to the number of days in that monlh, HIIIO~--S. 2 ~ ~7,~.S 1. t~ 5~-~1{.t 16,~ 77. t~;: I,~ 88212. 30.49 Budgets.~ (1} Pursuant to s. 129.03f2). each sherilt shall cer- tify to Ihe board of courtly commissioners a proposed budgel of expenditures for the carrying out of the pow- ers, duties, and operalions of office for the ensuing fis- cal year of the county. The fiscal year of Ihe sheriff shaft henceforlh commence on October 1 and end on Sep- tember 30 pi each year. (2)fa) The sheriff shall submit wilh the proposed budget his or her sworn certihcate, stating that the pro- posed expenditures are reasonable and necessary for the proper and efhcienl operal~on of the office lot ensuing year. Each proposed budget shall show the esl~mated amounls of all proposed expendilures for operalmg and equ~ppmg lhe snerifl's office and jail other than cOnSlruction, repair, or capital improvement of county buildings during such fiscal year. The expenditures shall be itemized as toJJows: 1. Salary of lhe sheriff. 2. Salaries of depulies and assislants. 3. Expenses. other than salaries. 4. Equipment. 5. Invesligations. 6. Reserve for contingencies. (b) The budget and e~'penditures shall be divided into lhe following calegones: 1. Expendilures anlicrpaled to be incurred in the maintenance and operation of local correctional facili- ties and detention alternative facilities and in the slafl- ing ol bailiffs and other personnel in assistance Io the courl, excluding service of process. 2. Expenditures anIJc~pated fo be incurred in pro- vidmg olher general Jaw enforcement services of the sheriff. (3) The sheriff shall furnish to the board of county commissioners or the budget commission, il Ihere is a budget commission in/he counly, all relevant and perti. nent information concerning expenditures made in pre- vious years and to the proposed expenditures which such board or commission deems necessary, except that the board or commission may not require confiden. rial information concermng details of invesfk Confidenliaf information concerning details of gations is exempt from the provisions of s. 119.07~ (4) The board of county commissioners or budget commission, as the case may be, may re{ ~ire lhe sheritl to correct mathemalical, mechanical. and clerical errors and errors as fo form in Ihe, budget. At the hearings held pursuant to s. 200.065, 369 AGENDA No. NOV Pg._ 1 0 199, Ch, 30 SHERIFFS boarder, commission aslhecasemaybe, mavamend 17~ The r.~,,rvo ~ ..... * .... ~ - · ' - · ~ ,. ............ regencies In i e DUng modify, increase, or reduce any or all ilems of expendi- a sherifJ shall be governed by the same p~tv~isions ~Uurc~g~t tahse aP~°ePn°dseedd. bm~ddigf~elda. 7ndc rSehaa~lec~PoP[~c~uScUeCdh' erning Ihe amoun, t and use of the rese,'~e ~r contim ..... cies appropriated in the county budgel, e~.cep! Iha:' It musl give wdtten notice of its action Io the shedff and specih/ in such notice the specific items amended. modified, increased, or reduced. The budgel shall include the salades and expenses of th~, sheriff's office. cost of operation et the county jail. purchase, mainte- nance and operation of equipment, including patrol cars. radio systems, transporting prisoners, court duties, and all other salaries, expenses, equipment. and investigation expenditures of the entire sheriff's office for the previous year. The sheriff, within 30 days after receiving writlen notice of such action by the board or commission, either in person or in his or her office, may file an appeal Io the Adminislration Com- mission. Such appeal shall be by petilion Io Ihe Admin. istration CcmmJss~on. The petihon shall sol forth budget prccosed by lhe sherdf. Jn the form and manner prescribed by the Execulive Olfice of the Governor and approved by the Administration Commission. and the budget as approved by the board of county commis. sioners or :he budget commission, as lhe case may be. and snail contmn the reasons or grounds for appeal. Suc.~ petition shall be filed wdh lhe E.'~ecutive Olfice of lhe Governor. and a copy el the petition shall be served upon the board or commission from the deci- sion of whic,n appeal is :aken by delivenng 1he same to Ihe chair or president thereof or to the clerk of the circuit court. The board of courtly commissioners or the budget commission, as the case may be. shall have days from delivery of a copy of any such petition lo file with Ihe Execulive Office of the Governor a reply Ihereto. and it snail deliver a copy of such redly Io lhe sheriff. {5) Upon recmpt of the petition, the Executive Office of the Governor shall provide lot a budget hear- ing at which the ma~ters presented in the petdion and lhe reply snail be considered. A report of the findings and recommendations of the E.~ecutive Office of Governor thereon shall be promptly submilled lo lhe Administration Commission. which, within 30 days. shall eJlher approve the action of the board or ccmmis. sion as to each separale item. or approve the budget as proposed by the sheriff as lo each separate ilem. or amend or modif7 the budget as Io each separate item wilhin the limits of lhe proposed board of expenditures and the expendilures as approved by the boar:'1 of county commissioners or the budgel commission, as the case may be. The budget as approved, amended. or modified by the Administration Commission shall be final. (6) The board of county commissioners and the budget commission, if lhere is a budget commission within the county, shall include in the county budget the items of proposed expend/flutes as set forth in lhe budget required by this sectlon to be submitted, after the budget has been reviewed and approved as pro- vided herein: and lhe board or commission, as the case may be. shall include the reserve for contingencies pro- vided herein for each budget of Ihe sheriff in Ihe reserve for contingencies in the budget of the appropri- ate county fund. reserve for contingenc7 in Ihe budget of th~ sheriff be appropdaled upon wdtten request el t~e sheriP, (8} The items placed in the budget of!the boar county commissioners pursuant to lhis law shal subject 1o Ihe same provisions of law as the co annual budget: except that no amendments ma~, made lo the appropriations for the sheriff's Of except as requested by the sheriff. (9) The proposed expenditures in the budget be submitted Io Ihe board of county cpm .missione~ budget commission, if there is a budget commiss within the county, by June 1 each year;, and lhe buC shall be included by lhe board or commission. as case may be. in the budget of either the g~neral fund :he fine and forfeiture fund. or in parl of e~ch. (10) 11 in Ihe judgment of the sheriff an emerger shou~ ' arise by reason of wh c,h the sheht'f would, una~te Io cedorm n~s or her duties without~he expen' ture of larger amounts than those pro~ided Jn I; budder, he or she may apply to Ihe boa~d of dOUr comm~ssJoners for Ihe aoproprialion o!~ addilio~ amounts. II Ihe board of coun:y com. missione al:proves Ihe sheriff's reouest, no furlhbr action, recu~reo on rather I::ar~/. If me board o! couhty commL moners c~isacproves a pomon or all of the sheriff request, the sheriff may' a~ply to the Administratic Commission for the a!=Dropriation of add/flora amcun:s. The s,henff shall at the same time deliver copy of the appficat~cn lo the Ac/ministration Comm~ .~on. the boar~ of county commissioners, and Ih budget commission, if there is a budget commissio: w~th~n the count,/. The Administration Commission ma. reCluire a budget heanng on the application, a~ler not,ce to the sheriff and to lhe boards, and may grat~to deny an increase or increases in lhe appropriationS f~ the sheriff's offices. Ii' any increase is granted, board of county commissioners, and the bbdoet c~. m,ssicn, it there is a budget commission snail amend accordingly the buclget oi' lhe ~lpproprJatt csunt,/fund or funds. Such budgel shall be IJroughl Jnli balance, if possible, by application of excess receipls such county fund or funds. Ii' suc~ excess r:bceipls a~ not available in sufficient amount, lhe c6unly fun? budget or budgets shall be brcughl into balanCe I~ adding an ilem of Wouchers unpaid* in the approp~i'~, amount to the receipts side of the budr~el and provisio~ i'or paving such vouchers shall be ma=de. in Ihe budg~ et the'county fund for the next fiscal year. j (I I) Nor,vithslanoing any provision of law to traP/, a sherd! may include a cJolhing and allowance budget. HIIlffi.-,-~, 370 Collier County Govt. Complex Bldg.. J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774.4434 Honorable Barbara B. Berry Chairman Board of County Commissioners Adminis~tion Building 3301 East Tamiami Trail Naples, Florida 34112 RE: FY 1999 Shedff's Office Budget October 15, I998 Dear Commissioner Berry: Please provide me in wr/ting the final, authorized Sheriff's Office budget amount for FY 1999. Please note the specific items amended, modified, increased, or reduced from the original budget request.:. This request is pursuant to §30.49(4) of Florida Statutes. Your cooperation appreciated. DH:dy 5.1 [bud:-educ.lcr Florida in this request lis ~L CC.' Board of County Commissioners Robert Fernandez, County Administrator file AGENDA IT F,.M No._ Er, J NOV 1 0 1998 REVISED DRAFT November 10, 1998 Sheriff.Don Hunter Building J, Collier County Government 3301 Tamiami Trail East Naples, Florida 34112 Re: Board of County Commissioners' Changes to the FY 99 Proposed Sheriff's Budget Dear Sheriff Hunter: In response to your letter dated October 15, 1998, the final authorized Sheriff's Office budget for fiscal year 1999 is $57,809,500 inclusive of Board paid expenses. The spreadsheet below identifies the Sheriff's requested FY 99 budget as of May 1, 1998 and the adopted FY 99 budget. BUDGET RESOLUTION CHANGES TO THE FY 99 TENTATIVE BUDGET FUND: SI-I;ERIFF (040) FY' 99 FY 99 Requested Changes Adopted Appropriation Unit Budget Increase (Decrease)Budget Law Enforcement 43,507,100 (2,929,100) 40,578,000 Detention/Corrections 14,883,000 (461,500) 14,421,500 Judicial (Bailiffs) 1,251,900 (51,500) 1,200,400 Reserves 2,982,100 (2,982,100) 0 BCC Paid 1,609,600 0 1,609,600 Total Appropriations $64,233,700 ($6,424,200) $5'7,809,500 % Budget Change -6.70/2 -3.1% -4.1% -I00.0% 0.0% -10.0o,~ The breakdown of these reductions from the initial budget request is as follows: Reserves - $2,982,100 Reduction Pursuant to the Board's adopted budget policy, contingency reserves for Constitutional Officers funds would be appropriated in the County General Fund. This reduced the Sheriff's initial request by $2,982, 100. Attrition - $1,887,000 Reduction Pursuant to the Board's adopted budget policy, a 4% attrition level was assumed budget. This policy recognizes that there will not be full employment during the year. This reduced the Sheriff's request by $1,887,000 as follows: Law Enforcemez $1,411,300; Corrections - $428,000; Judicial - $47,700. NOV 1 0 1998 State Retirement Rates -$131~900 Reduction An adjustment was made to the Sheriff's operating budget request to account for a reduction in state retirement program rates. This reduced t/~e Sheriff's request by $132,000 as follows: Law Enforcement - $94,600; Corrections - $33,500; Judicial - $3,800. .Phase -in of New Positions - S370~I00 Reduction During the budget workshops, the Board requested that the SherifFs new positions be phased-in during FY 99. This reduced the SheriWs Law Enforcement request by $370,000. In addition, there was a $I00 rounding adjustment made to the new funding requested. Marco Island Road Patrols - $1~053~I00 Reductio~l Prior to fiscal year 1999, Marco Island residents .provided funding for the Sheriff's Office, in part, through the Unincorporated Area General Fund millage. By virtue of the Marco Island incorporation, the ability to tax Marco Island residents through the Unincorporated Area millage was eliminated, requiring a fundamental change in the mechanism for funding the Sheriff. In early transition discussions, it was established that the City o£ Marco Island desired to maintain the existing level of service provided by the Sheriff. It was therefore understood, since the adoption of the Board's budget policy in March, that there would be a contractual arrangement between the Sheriff's Office and the City of Marco Island. This is reflected in the following excerpt from the adopted FY 1999 budget policy: "The Collier County SheriWs Office provides law enforcement service on a county-wide basis. Service is funded partially by the General Fund and partially by the Unincorporated Area General Fund MSTD. SheriWs Office service in the unincorporated area includes road patrol service for Marco Island, Immokalee and Everglades City. The MSTD portion has historically funded an enhanced level of service in~ the unincorporated areas. This enhanced service is not required by cities, which supplement the Sheriff's services with their own local police forces. In order to maintain consistency in th. is regard, it will be necessary to provide Sheriff's service to Marco Island via a different funding mechanism in FY 99." As you are aware, a portion of the proposed budget for the Collier County Sheriff's Office was predicated on a $1,053, I00 contractual payment from the City of Marco Island for Sheriff's road patrols within the Marco city limits. This payment amount was based on costs of the District 6 Sheriff's substation, pro-rated by the 72% of service calls from that substation being within the corporate limits of the City of Marco Island. As no contractual arrangement was formalized with the City of Marco Island for SheriWs road patrol services, the Board, on September 23, 1998 at the final FY 99 budget hearing, reduced the Sheriff's budget request by $1,053, I00. The $1,053,100 in specific items reduced from your FY 99 budget request inc and related costs associated with road patrols within the city limits of Marc reduction was in the Law Enforcement component of your budget request. ~udes :) Isl/dud~. This NOV 10 1998 I hope this response clarifies this matter to your satisfaction, Please feel free to contact me personally at 774-8391 if you have any questions or would like to discuss this matter further. Sincerely, Barbara B. Berry, Chairman Board of County Commissioners cc: Board of County Commissioners Robert F. Fernandez, County Administrator -,AGENDA ITEM., NOV ! 0 1998 Pg'- 7 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (~,C 941) 774-4434 Honorable Members of the Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 34112 RE: Certification of Proposed Budget for Fiscal Year 1998-1999 Dear Commissioners: Pursuant to the requirements of' Florida Statute Chapter 30,49 (2)(a), I do hereby submit and certify the following proposed budget for the operation of the Collier County SherifPs Office for the fiscal year beginning October I, 1998 and ending September 30, 1999. Type of Law Exvendimre:i Coum; En forceme.n.t Corrections Salary of the Sheriff $ $ 105,000 $ 0 Salaries of Deputies & Assistants 1,192,400 35,939,800 10,699,900 Expenses Other Than 59,500 5,060,100' 4,084,700 ' Salaries Equipment 0 2,340,700 ' 98,400 · Investigations 0 61,500 0 Total Before Reserves $I,251,900 $43,507,100 514,883,000 Total Budget $ 105,000 47,832,100 9,204,300 2,439,100 61,500 $59,642,000 Reserves - 5% 0 2,982, I00 0 2,982,100 TOTALS $ 1,251,900 $46,489,200 514,883,000 $62,624,100 -.P. esrm_cff, u!.lly, ~. brrd_tted, Dbn..r4_untqf, Before m-'~=.-on .-~....is l'st day of May, 1998, app~red Don Hunter, Sheriff or' Colli:r County, Fiorida. who states that to the best of his knowledge an~l belief the above established amounts are n=s-ssar.,' tbr th= proper -',nd efficient operation of the Collier County Sheriff's Office for the 1998-1999 Fiscal Year. Notary Pt.~olic at Mrg~ ~ State of Florida AGENDA ITEM No._. NOV 10 1 )68 ~J' [ I* :IAL NOTARY 51-;AL M/,.~ Y T COl.,'R'rd, l IGItT EXECUTIVE SUMMARY REPORT REGARDING TIlE STATUS OF TIlE LELY GUARDtIOUSE CONTROVERSY. ~ This is a report to the Board of County Commissioners regarding the settlement/litigation options in the Lely Guardhouse controversy. This report is made pursuant to the Board's direction at the March 11, 1997 meeting of the Board designating Mr. Hancock as the County Commission representative to explore settlement/litigation options in this matter. CONSIDERATIONS: The controversy surrounding the erection of a guardhouse on file only road serving a private residential community as well as State and County park lands has existed for approximately ten (I0) years. There are presently two cases in litigation involving the County in relation to this subject. First, there is the case entitled Lely Barefoot Beach Property Owners Association and Lely Barefoot Beach Master Homeowners Association v. Collier County, Case No. 95-0073-CA-01 in which the homeowners associations have sought declaratory and injunctive relief against the County regarding the existence of the guardhouse, as well as related parking and easement issues. Second, there is Collier County v. Lely Barefoot Beach Prot~erty Owners Association, Inc. and Lely Beach Homeowners Association, Inc., Code Enforcement Board Case No. 96-012 and Appellate Case No. 97-1055-CA-TB in which the County has appealed a decision of the Collier County Code Enforcement Board denying the County's charges that the guardhouse is improperly located and impedes public access. At the March 11, 1997 BCC meeting, the Board directed that the County Attorney's Office work with Board representative Commissioner Hancock to explore litigation/settlement options in this controversy. Specifically, the County Attorney's' Office was directed to preserve and pursue the County's appellate remedies in the Code Enforcement Board case while at the same time exploring settlement options with the homeowners associations and the Office of the Attorney General of the State of Florida through the direction of Commissioner Hancock. The following is a summary ofthe developments which have occurred since March 1 I, 1997. On March 27, 1997, the County Attorney's Office filed a notice of appeal in the Code Enforcement Board case. Subsequent to the Board's direction on March I1, 1997, I initiated meetings involving the homeowners associations and the County Attorney's Office to determine if the ground work could be laid for a potential settlement of either or both cases in litigation which could be subsequently presented for discussion with the Office of the Attorney General of the State of Florida. Tile culmination of those efforts was a settlement proposal which was placed on the Board's agenda on October 14, 1997. A copy of the proposal and the Executive Summary is attached as Exhibit A. That agenda item was continued to October 28, 1997 in order to afford more opportunity for the Attorney General's Office to comn settlement. On October 24, 1997a meeting was held at the Office of te 1 NOV 10 1998 involving all the representatives of all the parties to discuss the proposed settlement. At that meeting, it became apparent that the proposed settlement advocated by the homeowners associations was not acceptable to the Office of the Attorney General. A letter dated October' 31, 1997 from the Office of the Attorney General to the County Attorney's Office outlined the objections of the State to the proposed settlement. A copy of the October 31, 1997 letter is attached as Exhibit B. At the October 28, 1997 meeting of the Board of County Commissioners, the Board again continued this matter to allow Commissioner Hancock and the Office of the Count), Attorney to explore further negotiations with the parties. Between March of i 997 and the present, the homeowners associations and the County have filed a series of stipulated joint motions for extensions of time for the County to file its appellate brief in the Code Enforcement Board appeal case. This has been done in order to exhaust all negotiation efforts with all parties prior to returning to full blown litigation. During the winter, spring and summer of 1998 additional meetings occurred between the homeowners and County representatives resulting in another proposal which was presented to the Office of the Attorney General on August 24, 1998. A copy of the transmittal letters and settlement proposal are attached as Exhibit C. A response to this second proposal from Florida Attorney General Robert A. Buttenvorth was received by the County on October 22, 1998. A copy of Mr. Butterworth's response is attached as Exhibit D. Again, the Office of the Attorney General did not find the second proposal to be acceptable. Subsequent to Mr. Butter~vorth's response, County representatives and I met with homeowners association representatives on October 29, 1998 and a third proposal has been submitted to the Office of the Attorney General on October 30, 1998. A copy of that correspondence is attached as Exhibit E. This third proposal, addresses a number of the provisions which were of concern to the Office of the Attorney General including parking, guardhouse arms, County park staff, and electronic signage. Chief Assistant County Attorney Ramiro MafiaIich's transmittal letter of the settlement proposal requests a response from the Office of the Attorney General prior to the date of this agenda item being heard by the Board. As soon as said response is available, it will be distributed to the Board members. On or before November 4, 1998, the County Attorney's Office filed its brief in the Code Enforcement Board appeal in the Collier County Circuit Court. FISCAL IMPACT1 It is estimated by the County Attorney's Office that if this controversy is not settled and both litigation cases continue through the trial and appellate court systems, the costs and value ofattorney's fees incurred by each of the parties to litigation may range as high as $150,000 to $250,000. The County will continue to be represented by the County Attorney's Office. There are no costs associated with the proposed settlement agreement. The electronic sign previously estimated to cost $35,000 would be paid for by the homeowners associations. Litigation costs and fees would be expended from County General Fund 001. 2 AGEI~DA ITEPI N0V ! 0 998 Pg. ~ GROWTH MANAGEMENT IMPACT~' None. RECOMMENDATION; That the Board of County Commissioners consider the attached proposed settlement (Exhibit E) and provide direction to the Office of the County Attorney as to how to proceed in the future in this entire matter. Timothy L. Hancock Commissioner District//2 AGENOAITEM No. NOV 1 0 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER A PROPOSED SETTLEMENT AGREEMENT REGARDING TIlE LELY BAREFOOT BEACH GUARDHOUSE LITIGATION OBJECTIVE: For the Board to consider a proposed Settlement Agreement to resolve litigation concerning the existence of a guardhouse on Lely Beach Boulevard which serves as the entry point to a State Preserve, Lely Barefoot Beach County Park and Lely Barefoot Beach subdivision. '. CONSIDERATIONS: The Board of County Commissioners previously voted to designate Commission Chairman Timothy L. Hancock to pursue discussions with representatives of the Lely Barefoot Beach Property Owners Association, Inc. and the Lely Barefoot Beach Master Association, Inc., (hereinafter referred to as "Homeowners"), regarding a possible settlement of litigation involving the County and these two (2) associations stemming fi.om the existence of a guardhouse on Lely Beach Boulevard. Those discussions have resulted in the attached proposed Settlement Agreement (Exhibit 1). ' The proposed Settlement Agreement attempts to strike a balance between the competing considerations of unimpeded publie access to the State Preserve and Lely Barefoot Beach County Park along Lely Beach Boulevard and the property owners' need for security, especially at nighttime. The significant provisions of the proposed Settlement Agreement are as follows: The Homeow'ners recognize the right of unimpeded public access through the guardhouse and along Lely Beach Boulevard to the Park facilities during regular park operating hours, each and every day of the year. The County agrees to waive, dismiss and/or release any present'or future claims challenging the current guardhouse location. Further, the County does not, and shall not in the future, object to or contest the rights of the Homeowners to occupy, operate, improve and maintain the guardhouse a~ set forth in the agreement. The County may reasonably monitor the operation of the guardhouse during daylight hours when the Park facilities are open and the Homeowners may simultaneously maintain their own personnel in the guardhouse. Section Four of the Agreement sets forth the essential terms ofguardhouse operation. Of primary importance in th/s the gates at the guardhouse shall be in the section is the requ[remelillllj)SD^ ITEM AGENDA ,,ITEM r No./O/+- / OCli7 -, .0 hours; the Master Association shall pay a fee to the Collier County Parks and Recreation Department equal to the amount of the average cost of one- half (I/2) of a Ranger each year; the Ranger will serve to inform the public of access and availability of the Park facilities and to provide traffic information; the Property Owners, in their sole discretion, may close the gates across the road after official Park operating hours. The Parties agree that the current number of parking spaces at the Preserve are at the maximum number allowed by the current Land Management Plan between the County and the State of Florida. The County recognizes that, under the current Land Management Plan, there exists an additional one hundred (100) spaces in excess under the current formula. County, in this proposed Agreerhentl agrees that it shall not add any parking spaces beyond the present amount unless and until the State of Florida and Collier County, through reqtilred publicly advertised and open public meetings, amend the formula used for carrying ~capacity at the Preserve. The Homeowners agree to unconditionally and completely release the County from the provisions of a prior Use/Access Agreement (Exhibit 2 attached) regarding limiting the number of vehicles accessing the property to the number of actual parking spaces located on the Preserve property. The Parties agree to work tggether to install informational signage, compatible with the character of the subdivision, to inform/advise the public of the Park Iocations, parking fees and parking space availability. The Parties agree to file a joint Motion to Dismiss with Prejudice the Circuit Court case seeking declaratory and injunctive relief against the County with respect to the guardhouse location and the number of parking spaces. The County also agrees to dismiss with prejudice its appeal against the property owners resulting from proceedings held before the Collier County Code Enforcement Board. Both Parties agree not to seek costs, expenses and attorney's fees against each other, resulting from the actions which have been flied. The Parties will request that the Circui: Court retain jurisdiction for purposes of enforcement of the Agreement. If the Board were to choose to not approve this Settlement Agreement, then it is anticipated that litigation will continue with regard to the appeal of the Code Enforcement Board case by the County, and the County will also need to continue to defend the Circuit Court action by the Property Owners. This proposed Agreement has been provided to the office of the Attorney General of the State of Florida. The County Attorney's Office will inform the Board as to any the Attorney General in regard to the proposed Agreement. AGE~'tDA ITEM NOV 10 1998 response from EN DA ITEM FISCAL IMPACT: If the Agreement is approved, it is estimated that the fiscal impact upon County staff will be $3,000.00 for signage. Funds would have to be transferred fi.om General Fund (001) reserves for that purpose. If the Agreement is .not approved by the Board, litigation costs for the trial and appeal of both the Code Enforcement action and the Circuit Court action are estimated to be approximately $50,000.00 or more for the Count3,. GROWTH MA.NAGEMENTIMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider approval of the attached proposed Settlement Agreement in order to resolve the legal and political controversy which has raged for approximately ten (I0) years with regard to the existence and location of the guardhouse on Lely Beach Boulevard at the entrance to the Lely Barefoot Beach subdivision, the State Preserve and the Collier County 'Lely Barefoot Beach Park. If the Board approves the proposed Agreement, that the Board further authorize the Chairman to sign said Settlement Agreement on behalf of the Board, a~thorize the County Attorney to file the necessary dismissal documents in the litigation cases involving the guardhouse and approve a budget amendment of $3,000.00 fi.om General Fund reserves to the Parks and Recreation Department. If the Board chooses .n. ot to approve the proposed Settlement Agreement, that the Board direct the County Attorney's Office to continue to conclusion the Code Enforcement Board appeal and the defense of the Circuit Court action. x-ffamiro Ma. fialich - ~- Chief Assistant County Attorney /o-'7-- Thomas W. Olliff Administrator, Public Services h:~c '~ccsu mm97~clyscrtlea gr-rm AGEt~DA ITEM No._ 3NOV 10 1998 x AG £N D_A ['IT..~I t,c'Pt.q. pg. SETTLEMENT AGREEMENT TI-lIS SETTLEMENT AGREEMENT,. (Agre,.m.nt), is entered into this ~ day of , 1997, by and bet~'een the Board of County Commissioners of Collier Count).', Florida, a political subdivision of the State of Florida, ("County"), and Lely Barefoot Beach Property Owne. rs' Association, Inc., a Florida corporation, ("Property Owners"), and Lely Barefoot Beach Master Association, Inc., a Florida corporation, ("Ma~cr Association"), (collectively, thc Property Owners and Master Association may be referred to as "Homeowners") (and all the panics to this agreement may be referred to as the "Parties"). WITNESSETH: WHEKEAS, the Property Owners and Master Association are homeowners associations representing residents of the Lely Barefoot Beach subdivision (thc "Subdivision") located in Collier Court .ty, Florida; and ¥,'2-IEREAS, there is a certain meandering north-south road nmning tl~ough the subdivision commonly L~o~n ~ Lely Beach Boulevard (the "Road"); and WHEKEAS, Propen?' Owners own the following descfibe:l real property comprising the northem most section of the Road: Tract R of Lely Barefoot Beach, Unit One, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court of Collier Count3.', Florida, in Plat Book 12, Pages 34-37, inclusive, more co~monly k~own as Lely Beach Boulevard ("Tract R"); and WHEKEAS, Master Association o~=s that portion of the Road beginning at thc southern most point ex, ned by Property Owners and continuing south to the Road's southern terminus; and Settlement Agreement 21985 l-l.doc of 10/97 Page I of 10 E X AGENDA ITEM · AGENDA ITEM Pi[.., ~ WH]EREAS, the Property Owners and or the Master Association are the successors in interest of Lely Development Corporation as to that certain Use/Access Agreement dated November 10, 1987 between the CounD' and Lely De:'elopment Corporation; and \VHEREAS, the Count' owns outright certain land 15-ing at the southern terminus of the Road, mhd it contrels by virtue of a lease from the State of Florida land upon which it operates Barefoot Beach Preserve Count' Park (the "Park"); and \\~[EREAS, the Road leading into the Park is a privately-owned road and is the sole land-use access to Lely Barefoot Beach subdivision, a communiD, of pr/rarely-owned homes, as well as the sole land-usc access to thc Park and State Presen'e at the southern end of the Road; and WHEKEAS, the County and the State of Florida ha:'c casement access fights which include the Road for the punic to reach the Park and the State Preserve (collectively, the "Preserve"); and WIq'EREAS, Homeowners use thc Road to access their homes and operate a Guardhouse located in the middle of the Road, appro.'ximately 252.1 feet south of the pavement line of Bonita Beach Road; and WHEREAS, a controversy has developed bern'CCh the Panics regarding each other's ri~ts with respect to the location of the Guardhouse, the use of the Road by members of the general public to access the Park, the operation of the Guardhouse, and the validity and enforceabilits.' of various contracts; and WHEREAS, Homemtners have sued the Count' in the pending Circuit Court Case, No. 95-0073- CA-01, in thc 20th Judicial Circuit in and for Collier Count>', Florida, seeking declaraton' relief with respect to thc GuarcLhouse location on the Road and certain documents, of public record, which establish anWor impact the public's permanent easement fights on the Road to access the public Park lands anWor to the Presen'e to the south; and WHEREAS, in the pending Circuit Court Case, No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier Count>', Florida, Homeowners also seek injunctive relief with respect to a CotmD' Code Enforcement Board ("CEB") enforcement proceeding, wherein the Counts' seeks to declare the Guardhouse location in violation of the controlling PUD Ordinance and thereby, to obtain the ultimate remedy, a CEB Order directing the immediate removal of the Guardhouse from the Road in Tract R. consequences of impositions of fines, liens and uhirn Settlement A_m'eemenI 219551-l.doc of 10:97 Page 2 or' 10 fo r~ (t B lad ~,~ ~r:~ n g s; md No. /(.)fT' NOV 1998 AGENDA1TEM {~ 0 C U97 WI-~KEAS, in CEB Case No. 96-012, CounD. cited Homeowners for certain violations of the Collier Cotmt? Land Development Code ("LDC") (Ordinance No. 91-102, as amended), and of PLD Ordinance No. 8543, and noticed the manet for hearing before the CEB; and WI-iEREAS, in Circuit Court Case No. 95-0073-CA-01 ~.'~d CEB Case No. 96-012, the Homeox~'ners maintain that the Guardhouse location in the middle of Road in Tract R, approximately 252.1 feet south of the pavement line of Bonita Beach Road, is properly permitted by Coun.ty pursuant to Building Permit No. 88-734, and therefore, is lav,'fially located in the Lely Barefoot Beach PUD, in compliance with Collier Count~' PUD Ordinance No. 85-83; and WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012, Count, maintains that: the Guardhouse location violates PUD Ordinance No. 85-83, which permits an entry gate facility to be located in Tract A, not Tract R, although portions of the gatehouse/g-aardhouse facili ,ty complex may ex-tend over and into the road; that PUD Ordinance No. 85-83 prohibits any modification to Tract R that would interfere ~'it.h access to the public Park lands to the south; and fmallv, that the - Guardhouse wa.s con~ructed in Tract R pursuant to a building pen'rat issued in error and that therefore the Guard_&ouse location constitutes an impediment to public access to the Park lands to the south, also a violation of PUD Ordinance No. 8543; and V,~q2EREAS, a multiple day hearing was held by the CEB in this mat~er, in which the Parties were represented by counsel, presented evidence, examined the witnesses and presented their oral ar_m~rnents, and thereaAer, the CEB delibera:ed in the Sunshine. and made their oral Findings cf fact and conclusions of law, x~hicn subsequently were reduced to a gqal ~tvit~en order, dated February 27, 1997; and WH'EREAS, pursuant to CEB Final Order, dated February 27, 1997, the CEB &termined that the present Guardhouse location does not impede public access to the Park lands to the south and further, is not in ~'iolation of the LDC, and so, dismissed the charges; and %5-IEREAS, presently pending in the Appellate Division of the 20th Judicial Circuit is Coun~"s Appeal of the CEB Final Order, pursuant to its timely-filed Notice of Appeal; and WH2EREAS, the Parties agree that it is in the public's best interests, as well as of the residents of Lely Barefoot Beach, that there be Settlement A~eement 219851.1 doc of 10/97 Page 3 of 10 fi-ff T~ff ~ f:~'~ e ri ~'tt~ti o n ~ rnon NOV 1 0 1998 amicable resolution of Circuit Court Case No. 95-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings; and WHEILEAS, the Parties agree that PUD Ordinance 85-83, as well as preceding PUD Ordinances affecting Lely Barefoot Beach, recognize and presen'e the fight of the residents of Lely Barefoot Beach subdivision to security against Road entry by unauthorized persons or vehicles, as well as the public's fight to unimpeded beach access along the Road to the Park lands to the south; and x,¥TIEREAS, the Parties are desirous of entering into this Settlement Agreement which presen'es and protects the respective fights and best interests of the Parties and those the5' represent upon the terms and conditions set forth belo'.v. NOW THEREFORE, IN CONSIDEIL&TION OF THE JOINT AND MUTUM, COVENA. NTS CONTAL-N'ED HEREIN, AND IN CONSIDERATION OF THE MrOTUAL BENEFITS TO FLOW FROM ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOU%'D BY THE TE~MS A~ND CONDITIONS AS SET FORTH HEREIN'. I. Authorlt~,. The undersig-ned, executing for and on behalf of the respective Parties, are the duly authorized representatives of the respective Parties to this Settlement Agreement with full authority and power to execute and deliver this Settlement ,Agreement and to bind the Parties to the terms and conditions as set forth herein. 2. Public Access Rights. Homeowners do not and shall not in the future contest or object to the fights of access of Park visitors who do not reside in the Subdivision to use the Road for ingress to and egress fi.om the Park from 8:00 a.m. until sunset, each and every ch,.' of the .','car. In addition, the Count' has the fight to conduct sea turtle watches during nesting season outside the normal Park operating hours and use the Road for ingress to and egress flora such watches. The Count3.' also has the fight to infrequently conduct similar outdoor nature programs outside the normal Park operating hours and use the Road for ingress to and egress from such programs. Notice of such watches and programs shall be provided to the Master Association at least for'ts.'-ei~t (48) hours in advance contemporaneous mailing ora letter. Settlement Agreemen~ 21985 l-l.doc of 10/97 Page 4 of I0 AGEbIDA ~TEM NOV 10 1998 Pg. by telephone and AGENDA "'No. Pi{. 3. Guardhouse Location. County agrees to waJve, ~smiss and/or release any present or future claims challenging the current Guardhouse location, approximately 252.1 feet south of the pavement line of Bonita Beach Road, in the middle of the Road in Tract R. County does not, and shall not in the future, object to or contest the ri~ts of Homeowners to occupy, operate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by law, the Homeowners will obtain the appropriate Coumy permit for improvements to the Guardhouse, which will not be unreasonably withheld by the Count5.'. In consideration of the foregoing, County may reasonably monitor the operation of the Guardhouse during the daylight hours when the Park facilities to the south are open, in order to assure that the Guardhouse operation facilitates and assists public beach access and therefore functions as a benefit to public beach access, rather than impeding public beach access. :;o:wiu~.standing, the Homeox~ners may simultaneously maintain their own personn':l in the Guardhouse du~ng open Park hours to assist, to direct, or otherwise to ~ard the residents of Lely Barefoot Beach and their ~ests, licensees, and/or invitees. 4. Guardhouse Operation. The P~arfies agree that at all times during open Park hours, currently 8:00 a.m. to sunset, the Guardhouse gates shall at all times be in the "up" position in order to allow unimpeded public access to the Park lands to the south of Tract R. At no time during the Park operating hours shall any Property Owner's personnel ancitor Master Association's personnel prohibit public access to the Park facilities to the south, nor be obligated in m,~v fashion or form to assist and/or guide the public to the Park facilities to the south. Rather, Count).' personnel shall bear full and exclusive responsibilit?' to assist the public in accessing the Park facilities to the south during Park operating hours. At no time shall Count3.' personnel be required to assist Lel}' Barefoot Beach residents, their guests, their invitees/licensees in accessing an}' private property owned and/or maintained by the residents of Lei}' Barefoot Beach. The Master Association agrees to make payment of a fee to Collier County Parks and Recreation Department equal to the amount of the average cost of one-half (1/2) of a Ranger each year. The full payment shall be made by October I of each year, with an initial payment of fourteen thousand one hundred and six-ty-five dollars ($14,165.00) paid by November 1, 1997. Each 5'ear thereafter by July 3 l, -... AGENDA ITEM, the County. will provide to the Master Association an :nvoice~Iga'lD~llru]'c~teNo. /O/vt- th R~ neer ]~q~;,ts_ for the Settlement A.m'eemcnt OC l 21985I-I.doc of I0/97 -.. Page 5 of 10 Pg. NOV 1 0 1998 pg. /ti upcoming .','ear and the 50% average cost of a Ranger which will be used to calculate such fee. The Coun,,' agrees that a Ranger will be available at the Guardhouse to assist the public when the Preserce parking lot is full or near capacity between October through April of each 3'ear and the holidays and weekends of Memorial Day, Independence Day (Jul3, 4th) and Labor Day. The Ranger ~/II sen'e to inform the public of access and availabiliD' of the Park facilities and to pro~Sde traffic information to the beach going public. Beach traffic shall use the western most lane away from the Guardhouse. This lane shall be clearly marked b3' silage ~s a lane for beach going traffic. The Parties agree that it is not an impediment to public access to the Park facilities when drivers voluntarily stop their vehicles at the Guardhouse to discuss matters with personnel stationed at the Guardhouse. The drivers will not be encouraged to actively seek stops at the Guardhouse that impede the flow of traffic. In the event Homeowners install an exit gate at the Guardhouse, such e.,dt gate shall be in the "up" position at all times during open Park hours and remain in the "up" position until appro.',dmately one-half hour after sunset. Homeowners, in their sole discretion, may close gates across the Road to control ingress to and egress from the Subdi'dsion after official Park operating hours, wh/ch are currently bet~veen sunset each day and 8:00 a.m. the follm~ing da3'. The Count-,, shall lock the gate at the entrance to the Park after Park operating hours in accordance with its standard operating procedure at all CounD' Park facilities. During turtle nesting season (Ma3' 1 through October 31 of each .','ear) Count.,,' shall not be required to lock the gate at any times that would interfere with Ccunt3' sea turtle nesting monitoring and protection actMties. The Count).' will request (by lev, er), for the safe~' of pedestrians and Park visitors, that thc Collier Count,,' Sheriffpe~orm patrols along the road. 5. Parking Spaces. The Parties agree that the parking spaces within the Presen'e will be calculated at a rate of 0.42 spaces per person ~ithin the Preser'.'e, such number of persons for such calculation not to exceed the can3. ing capacit?' of the PreserYe. The total number of persons that can be accommodated within thc Preserve, for purposes of such calculation, will be based upon thc maximum carrying capacity of the total number of facilities within the Preserve as determined by Sctllcrnent Agrement 219t~51.1.d°C of 10/97 NOV Page 6 of 10 199;7 Barefoot Beach Preserve County Park ("Land Management Plan") previously adopted by the County on July 20, 1993 (section V(A), Resource Assessment, Can2,.-ing Capacity). As set forth therein, cart?rog capacity is based upon the square footage needs 6f the beach user, and such needs were determined to be 1350 square feet for Iow density use which included 60 square feet of water, 90 square feet of beach and 1200 square feet of back up and buffer areas. The total CarTying capaci .ty for the State and Count)' owned portions of the Preserve is five hun&ed and eighty-seven (587) people at any point in time. Accordingly, this calculation yields v, vo hundred and fil%'-skx (256) parking spaces. The Count],.' will not expand th~ parking spaces beyond the current par'king spaces which number three hundred and fi~'-six (356), which includes an additional one hundred (I00) spaces, unless and until the Board of Trustees of the Internal Improvement Trust Fund of the Seato of Florida and Collier Count)', through required publicly advertised and open public meetings and other requirements, amend the formula used in the Land Management Plan for determining carr)~ng capacity of the Presen'e. In the event that the formula used in the Land Management Plan is recalculated and thereby increases the number of parking spaces, the Parties agree that the exining additional 100 spaces in excess under the current formula ~ili not be carried forward but will be counted towards the new number of spaces. The Homeowners agree to dismiss their pending cause of action to reduce the current number of par 'king spaces. 6. Use/Access Agreement. Homeowners hereby unccndMonallv and completely release Count3.' from those certain provisions in that certain Use/Access Agreement dated November 10, 1987, entered into benveen Count).' and Lely Development Corporation, predecessor in title to the real propert), interest in Homeo~ers, with respect to paragraph 8 which provides: Board agrees that standard operating procedure of recreational actMties occurring on Propem,.' will include limiting the number of vehicles accessing the Property to the number of actual parking spaces located on the Property. If parking becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lely Barefoot Beach subdivision until such time as par'king spaces become availal~le. Seller, or its assigns, shall have the fight to stop access to Proper'b, when par'king lot is full. 7. Si~onao_e. Within 180 days ortho effective date oft.his A~eement, the County shall install informational si~s, compatible with the character of the g.h,4i~-;a,-,, h,.. ..... n~:ita ;each gl:~i~A l- AGENDA' D'£~ ..... ".,,No. I No.. _.L~_~ ',.. - -- - 219851-l.docof10/97 ] NOV 10 1998 .... '":--T Guardhouse which shall be visible to the public, and which shall provide information regarding access to the Lely Barefoot Beach Park facilities. The costs of said signage shall be borne by the County.. The intent of such informational signage is to advise the public of the Preser','e locations, the parking fees, and parking space availability. There shall also be informational signs regarding the separate parking lot for Lely Barefoot Beach at the northern end of the Road, as distin~ished from the parking for the Preserve at the southern terminus of the Road. Count' agrees that in designing such informational siDaage County shall confer with and obtain the consent of the Homeowners to ensure that such signage is of similar character as is presently installed near the entrance to Lely Barefoot Beach subdMsion, which consent shall not be unreasonably withheld. It shall not be required that any of the signs be li~ted. The precise language, location and design of the signs shall be determined by thc Parties to this Agreement ~dthin 60 days following the date of execution of this Agreement by the Parties. Whenever the Preser,'e par'king lot is full or near capaci~, as determined by Coung' Park Staff, the Counb' shall utilize the sign to advise the public of the sams of parking spaces at the Presen'e. Orl those occasions between October through April of each )'ear and the holiclays and weekends of Memorial Da)', Independence Da5. (July 4th) and Labor Day when the par'king lot is fulI or near capacity, the Counm' shall station an employee or agent in the Guardhouse as the sole contact with persons utilizing the Road to access the Presen'e. "Fne lack of available par'king at the Preserve shall have no effect on the public's fight to access the Park ~Sa the Road during Park operating hours. 8. Judicial Approval of Settlement A~reement. 'Fne Parties agree that, upon full execution of this Settlement Agreement, the Parties shall file a joint motion in Circuit Court Case No. 95-0073-CA- 01 (the "Action"), whereby the Parties shall jointly request the Court to enter a final order incorporating and approx4.ng this Settlement Agreement and dismissing the Action ~St.h prQudice as a full and complete resolution of all issues bem'een the Parties, and to request the Court to retain jurisdiction for enforcement purposes only. 9. Dismissals With Prejudice. The Count3.' agrees to ddsmiss with prejudice its appeal against the Homeowners in CEB Case No. 96-012, Appellate Case No. 97-I055-CA (fl (5) da>', of the ent~' of a final order incorporat~g afl~Cl~p~t~ Se-nl~Jment five ~" ;~9~ - Settlement Agre..-n. ent 219851-1.doco£10/97 NOV ] {] 1~8 Page 8 of 10 OCT "1', .1997 No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorney's fees against each other of any nature whatsoever related to the Action or Appeal. 10. Effective Date. This Agreement ~-ill become effective on the date on which the Court enters a Final Order incorporating and apprming it. 1 I. Default/Breach. In the event that an.,,' Party to this Settlement Agreemcnt commits an'act of default/breach of this Settlement Agreement, and such act of default/breach is waived by the non- defaulting/non-breaching Parry., such waiver shall not operate, nor be construed, as a waiver of later, similar or dissimilar defaults/breaches..Upon default/breach of this Settlement Agreement by an,,' Party., a non-defaulting/non-breaching PaR, shall have the option to exercise all available remedies at law and/or in equit)' (including, but not limited to, claims for injunctive relief and/or damages), in the Circuit Court to enforce the terms of this Agreement entered as a Final Order. Said reme~es at law and/or in equity shall be sought before the Circuit Court that retained jurisdiction over the Senlement Agreement for enforcement purposes on])'. 12. Attorney's Fees and Costs. The Parties agree that ~ the event any Part7 to this Settlement Agreement applies to the Circuit Court, pursuant to a motion or action for enforcement of this Settlement Agreement resulting from a defaulffbreach of this Settlement Agreement by the other PARE,.'' the prevailing Part)' in such proceeding shall be awarded its reasonable and ne:essao' attorney's fees and costs, including appellate attorney's fees and costs, incurred in such proceeding(s). In the event Count2,.' is the prevailing PaR', Coun~"s award of reasonable and necessary attorney's fees and costs shall be computed pursuant to the fair market value of the aaorney(s) time and sen'ices involved (as governed by applicable rules of'I'he Florida Bar and case law) and not on the basis of the annual salao' of the attorne.v(s) paid by the governmental entity.. 13. Entire Agreement. This Settlement Agreement, consisting of ten (10) consecutively numbered pages, constitutes the entire agreement bet~veen the Parties..An,,' amendment, modifications, and/or extension of this Settlement Agreement, to be effective and em'orceable, shall be in ~Titing and officially and duly executed bv the authorized leeal Settlement A~eern,,ent 219851.I.doc of I0/97 Page 9 of I0 iF es: AGENDAJIEM '-No. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency for the COUiNTY: By: Ramiro Mafialich ,~ Chief Assistant Count).' Attorney Witness Si~avare BOARD OF COUNTY CO~LMISSIONERS OF COLLIER COUiNTY, FLORIDA By: Timothy L. Hancock, as Chairman LELY B:CREF00T BEACH PROPERTY O~,~q~,'ER'S ASSOCb~TION, INC. Ba:rv DeNicola, as President Printed Name Witness Signature LELY B:LREFOOT BEACH ~'L-kSTER ASSOCL-XTION, 1NC. By: James Ryan, as President Pr[nted Name Approved as to form and legal sufficiency for the HO.MEOWNERS: CU%IMINGS & LOCKWOOD Anomeys for Lely Barefoot Beach Property Owners Association Inc. and Lely Barefoot Beach Master Association, Inc. By: Jason H. Kom, Esq. Settlement Agreement 119851-1.do¢ of 10;97 Page 10 of 10 AG£NDA ITEN NO,__~ NOV pg.__ AGENDAJTEM ~ TEIS AG~-~-~tIT is made this ay of Novcmbcr, 1987, by. and }etweea LELY ~Z'~bPM~NT Cn~pO~kTIO~. hereimaf%er referred as =Seller' ~nd ~he BOA~ OF COUNTY COM~SSIONEP~ OF COLLIEm COUNTY, FLORIDA~ ' ~' ~ ' . HEE~S, Seller and %he Board entered ln:o an Agceemen: dated June :3rd, 1987, wherein Seller granted t~ the Option Agree=en~*[ Boar~ to S~l!er, recaip~ of which is hereby acknowledged, and ...~h~.~con ..... a..on of ~h~ mu%ual covcnant~ sc. . fellow:: 1. The PrOp=='=y ~kall only be use~ for public rccrc~tlonal ~U~Oscs ~nd ~!f u~cs reasonably' rola~ed %here~o. Rc~iden~ial uses and s%ruc~ure~ ~hall be 1L~Ited to' dirac%ly a:socia~a~ wish =hc.bea:h and rccrc~tiona! (e.g. carc%akcr residence, researcher housing, recrea%lon/re!a=~ housing). 2. Scl!er guarantees to Board pe~anen~, legal access ~o ~roper=y, including %he ..g~. to use any roa~ now or hereafter cons2ruc2c~ ~i=hin ~a!d easc=cn~. NOV 113 3998 EXHIBIT · AGENDAITEM 'No. q *.~ Board may transfer .~uch access rlgh=s to any other =ransferces, a~proprla%e. 4; Seller ~hall. co=p!u:e construe%ion cf a paved road in accordance ~l=h Collier County con=t, ruction $%andar~s for the full length of the sas--em ' .t granted to =he Board, as ~e~oribed in £xhibi= "C" by June 4~h, 1~89. The southarm tern!mu= of =he road ahalL be the nort~karn ~oundar~ lane of Property =nd located construct a road on ?roperty, as set for%h in Sec=ion 16.2.(o) of Ordinance No. 8S-21~ ann any obligation in =his respec% ~ill be =he oblige=ion of ~he Board. $. Seller does no~ objec= to Board tying 'knto the =~ple supply Of water, add into ~h~ sewage disposal, c!ec=rical and telephone lines =erring Seller's facil!=ies being Lely' Barefoot Beach, Unit l, as sho~n in Plat Book 12, Pages 34 thru ~7 and agree: to rcasonab~ sire i%s lines to acco~oda=a reasonable Board connections at some future date. Seller also gran=$ Board the right =o lay u..li.y lines along the road shoulders ~i=hin the easement. All: utIXi=~es ~u=% ba underground ~nd any damage caused as a rc~l~ of !nstal!a~!on of the Boar~ u~llity gen'~ral 'publ!~'~"a:cor~ce '~L=n "regular u6uh:'y~peratih'g' 7. Board a~ee~ ~o 1~= ~he %oral n~er of parking · paces to be cons=~cta~ for the general public cn Property concise=n= with current County con=%ruc%lon and design coda~ and standard~. 8. Board agree~ that s~andard opera:lng procedure of recreational activities o:curring on Prop~3ty ui!l include l~iting the n~bar of vehicles' acces~!ng th~ Property to the AGENDA I LF'EM .... /5 NOV lO 1998 Pg._ n~'~ber o~ actual pa:~ng spaces located cn ~he Property, parking becomes full at any time, a¢cc~ to Property the entrance %o Le%y Bazefoot Beach =ubdivi~iom until ~uch kg parking space~ b~¢om~ available. Upon request cf the Park · Superintendent or :cpresenta:Ive, gelker, or its a:~i~n$, ghal~ have the right to .stop access ~o Property when parking lo: is 9. Seller shall,"upo~ B~ar~'s' request~ construct a sign Se!let's expense near Ronlta Beach Road to ldentl~y the entrance to ~roperty. A sign design ~ha~l be submit%ed to Board for the entrance =lgn to the park shall be of the game size and design specifications as required of other signs.~located at the entrance, to Lel~ Barefoot Beach Subdivision and consistent with the specifications es:~lsha~ for other park ct=fence signs. ; 10. In the even% the= the Sta~c of Flor'Ida or any of agen:les or depar~cn%~ purchase or par:!cip~%~ in :he purcha~ of %he Property ~nd fee ~It!e %0 ~he Proper=y is %hereafter conveyed to the ~tate of Florida or any c~ its agencies or .~cpar=ents, ~e u=e provis!czs set for:h in paragraphs 6~ 7 and condition(=} c~,refuses to'a!!cw B~ard to adhere =o ~uch condi- tion(s) as a requirement of ~he State's purchase or =he Board's subseque~ %s.c, control cr nana~ent of ~he ?ropertv. The Board agr=~=, however, ~ha= paragra;h 4 =ha!l a: all =~c~ he enforce- able by Seller and here~y ccnfi~s ~hat Seller shal~ ~e released frcn [~s PUD obligation tO ccn~truct a roadway through the Proper=y purchased by Board regar~les~ of ~he ~ub:cqu~n= purchase cr participation by ~hc State cf Florida, !t~ agencies or . dapar~nent~. AGENDA ITEM NOV 1(1 199B ,/. CO~LIE~ COUNTY, Kenneth S~ Cuyle/~. Coun:y COUNTY Or CO~I:R) .. , I ' . ackno'wle~gemen=s, ~eraonally appeared RIC~ L. %:~S, ~el~ ~nown to ne :o be ~e President of ~ELY DZ~P~E~;T C0~O~TZON, WITKESS =y kin~ ~nd official ~eal in ~he County and l~s~ afcre~aid ~S ~ly O~ ltove~er, 1~7. 2~. .~ ', ~.~ % ' ......... · 4 · ~GENDA iTEM ~o. /P4 NOV 10 1998 ROBERT A. BUTTERWORTH A~orney General State of Florida OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS THE CAPITOL TALLAHA$SEE, FLORIDA 32399.1050 Please Reply to: Office of the Attorney General Eminent Domain Division I l0 Tower 110 S.E. 6th Street Ft. Lauderdale, Florida 33301 {954) 712-4600; FAX (954) 712=4656 October 31, 1997 Ramiro Manalich, Esq. Chief Assistant Collier County Attorney 3301 Tamiami Trail East Naples, FL 34112-'4:902 ",'IA FACSISIILE RE: PROPOSED SETTI. EMENT OF LELY B..\REFOOT BEACH GUARDHOUSE LITIGATI.QN Dear Ramiro: Thank you for the opportunity to meet v, ith you. to discuss the obstruction of public access created by the Lely guardhouse. It appears that the association continues to misapprehend the legal obligations that it assumed by virtue of the location of its development relative to a State Park. The association believes that it has the authofiD' to limit public access to the Park which was purchased with taxpayers' money for the enjoyment of all. Instead of promotirig access to the Park, the proposed settlement agreement authorizes operation of the guardhouse to obstruct and inhibit public access. During our meeting, association representatives opposed any meaningful change to the proposed agreement, which is the product of secret negotiatigns that excluded this office. The)' characterized the proposed agreement as their bottom line and indicated that other than some m;nor tweaking , the,,' v,'ould not agree to any substantis'e changes. As indicated during the meetine last ss'e.kTthis o'ffice will not recommend acceptance of the proposed agreement without substantive changes. As a follow-up to our meeting and in an effort to be helpful, I will again outline the public access impediments that are embedded in the proposed agreement. In addition to mv comments below, I can send to you under separate cover my objections to particular language il several "whereas" clauses. My comments will folios,,' the format of the proposed agreement: AUTHORITY: No changes. PUBLIC ACCESS RIGHTS: As drafted, this section further limits public access to the Park and AGENDA ITEM I No. /~. N0V 1 0 1998 gives that limitation the force of law. Private parties may not dictate the Park's operating hours. Collier County and the State, as owners of the Park. have the prerogative to allow visitors to enter after daytime Park operating hours. Limiting the frequency of visits and requiring two days notice for entry, after daytime Park operating hours is unacceptable. GUAKDHOUSE LOCATION: This office has no objection to night security for the subdivision, as long as access is unimpeded during open Park hours. The association had previously considered mo'.'ing the guardhouse to Tract A and using swing gates, but unfortunately appears to have abandoned that possibility. Guardhouse gates and operation must be ch~ged to operate in a more "access-friendly" manner. Removable gates and/or swing gates which are not visible to visitors during open Park hours will in no ,,','ay jeopardize night security. Automatic penalties ought to be specified in the event further obstruction of public access occurs as the result of association activities. Furthermore, public agencies should not agree to waivers, dismissals, or releases of claims on this issue gi'.'en the nature of the dispute and the likelihood of reoccurring problems. GUARDHOUSE OPER.ATION: It is an inherent conflict of interest for a private party to pa.,,' the salaD' ora Park ranger to monitor that party's compliance with its obligation to insure public access. PARKING SPACES: The number of parking spaces to be located on public property is a matter to be determined solely by responsible public entities. A private parD.' may not dictate the manner in which parking facilities are to be provided or auempt to restrict the number of parking spaces at a public park. · USE / ACCESS AGREEMENT: Because the State was not a pan)' to the agreement, this office has no objection to language in this section. SIGNAGE: This office believes that appropriate signage should inform the public about parking availability. An electronic sign, controlled by rangers within the Park, could adequately inform Park '.'isitors about parking availability. No Park employee needs to be stationed in or near a guardhouse during open Park hours, regardless of parking availability. JUDICIAL APPR. OVAL OF SETTLEMENT AGREEMENT: Dismissal with prejudice does not allow the parties to adequately enforce provisions of an agreement; dismissal should be v,'ithout prejudice. DISMISSAL WITH PREJUDICE: See section above. EFFECTIVE DATE: No changes. DEFAULT / BREACH: No changes. AGENDA ITEM Nov {0 1998 _1 ATTORNEY'S FEES AND COSTS: In an enforcement action initiated by a pan3, to the proposed agreement, attorney's fees and costs should be borne by each part3,. Awarding fees and costs to the prevailing part.',' potentially chills the exercise of pub'iic agencies' responsibilities. ENTIP, E AGREEMENT: No changes. The State of Florida and Collier County are charged with the responsibility, of protecting property held in trust on behalf of the public. Ifan agreement is reached, it must not only protect existing public access rights, but must also prevent potential abuses in the future. Our common goal should be that present and future generations may use the Park without obstruction and constant friction over their right to enjoy public property. MITC~E~ ASSISTANT ATTORNEY GENEtL&L MJB:ejr AGENDA ITEM No. NOV 10 1998 '"- '.; COLLIER COUNTY ?',,...' . ... DAVID C. WEIGEL COLLER COUNTY ATTI 3301 Tam;ami T:all East Naples, Fiat;da 34112.4902 Telephone: (941) 77/--8400 FAX: (941] 774-0225 E mail: August 24, 1998 Robert A. Butter'worth, Attorney General of Florida Office of The Attorney General The Capitol Tallahassee, Florida 32399-1050 Diana Sawaya-Crane, Cabinet Aide Office of the Attorney General The Capitol Tallahassee, FL 32399-1050 Mitchell Bumstein, Esq. Office of the Attorney General Republic Tower - 10t~ Floor 110 S.E. 6t~ St. Ft. Lauderdale FL 33301-5000 Re~ Lel~, Barefoot Beach Guardhouse Litigation in Collier County Collier County v. Lely Barefoot Beach Pro£ert3, O~¢ners Association, Inc., et at. Appellate Case No.: 97-1055-CA-TB Code Enforcement Board Case No. 96-012 Circuit Court Case No. 95-0073-CA-01 Dear Mr. Butterworth: On behalf of the Collier County Board of County Commissioners and Commissioner Timothy L. Hancock, I wish to take this opportunity to thank you, Diana Sawava-Crane, Cabinet Aide, and Mitchell J. Burnstein, Esq., Office of the Attorney General, for' your continuing cooperation and assistance in working with Collier County and the Lely Barefoot Beach Property Owners in attempting to reach a settlement to resolve the above styled controversy. AGENDA ITEM No. NOV 10 1998 Robert A. Butterworth, Attorney General of Florida Diana Sawava -Crane, Cabinet Aide Mitchell Burnstein, Esq., O~ce of the Attorney General August 24, 199g Page Two Enclosed please find correspondence and a videotape submitted by Jason H. Korn, attorney for the Property Owners, setting Forth the position of the Property Owners and outlinin~ the settlement proposal (copy enclosed) which has been previously discussed, at different times, between the Property O',,/ners and the County as well as with Ms. Sawaya-Crane and Mr. Burnstein. The County Attorney's Of Tice and the Administrator of' the Collier Ci'ounty Public Services Division believe that the settlement proposal represents a good Faith attempt by the County and the Property Owners to balance betweea the all-important public access rights and the legitimate security requirements of' the Property Owners for the. Lely Barefoot Beach area where public and private rights must necessarily co-exist. The County further believes that all parties to this litigation have invested thoughtful efforts in an attempt to reach common ~round between ali three parties. The video prepared by the Property Owners shows the park and'the guardhouse as they existed and operated at the end of the last tourist season (~Iay 1998). Please review these materials that are being provided to you .and please let the County and the Property Owners know, at your earliest reasonable convenience (pref'erably within forty-five days), your position in regard to the proposed settlement and the points raised b.',' the Property O'.vners in response to Mr. Burnstein's previous letter of'October, 1997. Thank you again for your continuing involvement and assistance in this matter. We look fonvard to working with you and the Property Owners in a final e,q'ort to reach an agreement ,,vhich is acceptable to all three parties. Respectfully submitted, Ramiro ChiefAssistan~ County Attorney P~'~/s'c d cc; Collier County Board o£County Commissioners David C. Weigel, County Attorney Jason H. Korn, Esq., Attorney For Lely Barefoot Beach Property Owners Thomas W. OlliFf, Administrator Public Sea'ices AGENDA ITEM No. CU /~I 1~! I N G $ & LOCK%VOOD Ec~ 413C,32 P,~;~n Beach Ncr3es, F~oridc 34101 Greenwich 941-262.~311 Hartford 941.263.0703 Ne,,, H~e,~ July 22, 1998 BY H.~"D DELIVERY Jason H. Korn )~/.~.-..i.".ed in Ne,,, Yc~ end 941-649-3111, F::, 941.26'2.6092 ikcrn~.lc'~ Ramiro Manalich, Esquire Office of the County Attorney 3301 East Tamlami Trail Naples, FL 34112-4902 Re: inadmissible communication provided in the course of settlement negotiations Lely Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association. Inc. v. Collier Ceunb'lState of Florida Discussion of the Propose, d Settlement Agreement and Response to the Attorney General's Comments Dear Mr. Manalich: As discussed with you, Lely Barefoot Beach ProperTy. Owners Association, Inc. and Lely Barefoot Beach Master Association, Inc. (collectively the "Homeowners Associations") and the Court .ty were able to reach an agreement as to the form of a proposed sealement of the underlying litigation involving the Lely Barefoot Beach communi.ty guardhouse, parking and other issues. After many months of negotiations and scrutinizing the terms of,he proposed agreement, the parties were finally able to reach what appeared to be an amicable resolution. Thereafter, on the eve of the presentation to the Board of Coun .ty Commissioners, one of the assistants to the attorney general, Mitchell Burnstein of the Office of the Attorney General, set forth certain comments in response to the proposed settlement agreement. It would be impossible for the Homeowners Associations to begin new negotiations with the State that start from the completion of this agreement which took months to accomplish and included concessions and compromises by the Homeowners Associations. However, in the spirit of trying to work with the State in the same manner as the Homeowners Associations did with Collier County to reach a settlement agreement, they will try to address each of Mr. Burnstein's concerns and where possible make proposed changes to accommodate the State's concerns. This letter will address those comments, elaborate upon the Homeowners Associations' initial response in my correspondence to you of April 28, 1998 and also address some other issues. AGENDAITEM NOv 10 1998 Ramiro Manalich, Esquire -2- communication made in the course of settlement negotiations Jul)' 22, 1998 1. General Discussion As previously discussed with you, the proposed settlement agreement carefully balances the interest of the public for access and availability to the Count)' Preserve with the concerns of the residents of the Lely Barefoot Beach community for securi .ty and safety, in this small residential beachside community. The operation of the guardhouse and access to the Count).' Prese.~e has been in accordance with the proposed settlement agreement for over a .,,'ear, and the relations be~veen the community, and the public over that time have been unblemished. 2. Video Presentation of the Lely Barefoot Beach Community Enclosed with this letter are several copies of a short videotape presentation which depicts the Lely Barefoot Beach community, operation of the guardhouse and travel alonz the 1.8 mile easement to the County. Prese,we at the southernmost point of the residential communit)'. 'frhis video presentation was recently prepared and provides a true visual depiction of how this community is facilitating public aCCeSS. We would like the Office of the Attorney General to have a copy of this video. The Homeowners Associations have invited the Office of the Attorney General to visit the community and observe the operation of the guardhouse and County Preserve for an extended period of time. Unfortunately, it appears that Mr. Bumstein's letter of October 31, 1997 was written without the benefit ora recent visit to the Lely Barefoot Beach community, despite the invitations to him and Diana Sawava-Crane. during the meeting of October 24, 1997. Had Mr. Burnstein been able to visit the community, perhaps his response to the proposed settlement agreement would have been more amicable. If he has not observed the community since that time, this video should be helpful. As has been said before, a picvJre is worth a thousand words. 3. Department of Enxironmentai Protection Land Management Review, October 17, 1997 It has come to our attention that the State of Florida's Department of Environmental Protection recently conducted a Land Management Review of the Lely Barefoot Beach Preserve. Pursuant to Section 259.036, Florida Statutes, on October 17, 1997, Regional Management Review Teams evaluated the extent to which the existing land management plan is being followed and whether the land is being m'anaged for the purposes for which it was acquired. This evaluation specifically considered the degree to which actual management practices, #~cluding £ublic access, were in compliance with the adopted management plan. On November 17, 1997, the report ofthis evaluation was prepared by the Division of the State Lands Staff. This is a State of Florida sponsored evaluation. The Homeowners Associations did not participate. In fact, the Homeowners Associations were not aware of the evaluation until after the report was issued. AGENDA £M .o. NOV 1 0 1998 Ramiro Manalich, Esquire -3- communication made itt the course of settlement negotiations Jul.,,' 22, 1998 On page 3 of the November 17, 1997 Report of the Land Management Review of Lely Barefoot Beach Preser,,'e, the following question was asked: ' Question: Are actual management practices, including public access, in compliance with the management plan.'? Response: . . All team members a.oreed that actual management practices, including public access, ',','ere in compliance '.~'ith the management plan'. In addition, Attachment No. 2 to the report, page 203, Section G(2) Public Access, lists a field review score of the Roads, Trails and Parking. The resulting scores are 2.6, 2.9 and 2.7, respectively. These scores are based upon a rank bc~veen I and 3, with I being insufficient, 2 bein~ sufficient and 3 being exceptional· The Mana. gement Review Team Members listed on page I of'the report represent g different state agencies. As a result, it appears that this "independent" report prepared by the State of Florida's own Department of Environmental Protection indicates that public access is not only in compliance with the land management plan, but that it is close to being exceptional. 4. Use/Access Agreement of November I0, 1981. The Use/Access Agreement entered into bet-.veen Lei,,' Development Corporation and the Board of Count).. Commissioners, Collier Count)', on November 10, 1987 addresses the limits of the general pubtic's use of the road and parking for the Leh' Barefoot Beach. That agreement specifically provides: Board agrees to limit use of Propeay and road b.v the ~eneral public in accordance with regular County operating procedures for parks and re~creational facilities. (Section 6, Use/Access Agreement) Board agrees to limit the total number of parking spaces to be constructed for the veneral public on Property. consistent with current Count2,., construction and design oodles and standards. (Section 7, Use/Access Agreement) Board agrees that standard operating procedure of recreational activities occurrin~ on Property will include limiting the number of vehicles accessing the Property to-the number of actual parking spaces located on the Prope,~.'. If parking becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beac~ Road at the entrance of Lely Barefoot Beach subdMsion until such time as parking spaces become available. Upon request of the Park Superintendent or representative, Seller [Lely], or its assigns, shall have the rit, ht to stop access to Property. when parkin~ lot is full. (Section 8, Use/Access Agreement') ~ AGENDA ITEM ..NOV 10 1998 Ramiro Manalich, Esquire -4- communication made itt the course of settlement negotiations Suly 22, 1998 ·.. Board agrees that the entrance sign to the park shall be of the same size and design specifications as required of other signs located at the entrance to Lely Barefoot Bea~:h Subdivision and consistent with the specifications established for oilier park entrance signs. (Section 9, Use/Access Agreement) As you 'know, the proposed settlement agreement provides for the release of certain terms and conditions of the Use/Access Agreement. It is the Homeowners Associations' position that releasin,2, the County from certain language in the Use/Access Agreement listed '~bove, is a major concession by the Homeowners Associations and should be considered by the State when analyzing the proposed settlement agreement. ' Furthermore, the proposed settlement agreement provides for expanded rights of the public and County for access to the Preserve and use of the subject Road. As stated in Section 2, Public Access Rights, of the proposed settlement agreement, the public has rights to use the Road for ingress and egress from 8:00 a.m. until sunset every day of the .,,'ear in addition to the following uses: . . . The Coun~ also has the right to con.duct sea turtle watches during nesting season outside the normal Park operating hours and use the Road for ingress and e~,ress from such watches. The CourtLy also has the right to infrequently conduct similar outdoor nature programs outside the normal Park operating hours and use the Road for ingress to and egress from such programs. (Section 2, proposed settlement agreement) 5. Specific Responses to the comments made by the Office of the Attorney' General Public Access Rigkts: Under the proposed agreement, the public has all the rights that existed under the Use/Access Agreement with additional rights for use. As stated above, the County may also conduct sea turtle watches and nature programs after normal operating hours. The proposed settlement agreement only requires that the County inform the community 48 hours in advance of such programs, so that the community can be prepared for the increase in traffic outside of davlinht hours. Without advance notice, such vehicular traffic, foot traffic or noise on the beach co~Icl' result in residents' misperception of attempted trespassing, burglarizing or breach of securiD'. However, with advance notice, the communi .ty will be aware of the cause of such traffic and noise and could even help facilitate access. Obviously, such programs will not and should not occur every evenin~z. The Preserve should at least operate in accordance with regular County. operating procedures for otI~er parks and recreational facilities, especially given the fact that the access road runs throu~zh the middle of this residential communi.ty. It is quite surprising for the Office of the Attorney Gen"eral to suggest otherwise. Night security always has been important to the residents of this community and has never been in dispute, and must be protected within the settlement agreement. The requirement of this somewhat short advance notice of nature related programs which occur after hours is vital for settlement. Much time was spent deliberating over the precise terms of this section. After reviewing the video [ad ;:,,~G~'~c~,c.~;M Agreement, perhaps Mr. Burnstein will take a more understanding position. 1998 Ramiro Manalich, Esquire -5- communication made in the course of settlement negotiations July 22, 1998 Guardhouse Location: It appears from the October 31, 1997 letter that the Office of the Attorney General has no opposition to the location of the guardhouse as long as public access is not impeded. As to the request to make the gates more "access-friendly" and less visible, the Homeowners Associations are willing to landscape the gate area so that the gates will not be as visine in the "up" position. During the normal County Preserve hours, the ingress gates will stay in the "up" position. However, the request that "Automatic penalties ought to be specified" is rejected in its entirety. The proposed settlement agreement is an attempt to amicably resolve this dispute, not a conduit for draconian sanctions. The proposed agreement provides that the Court will retain jurisdictKm for enforcement (Section 8) and the party, in breach of the agreement will be liable for attorneys' fees and costs to enforce the agreement (Section 12). Thus, Mr. Burnstein's concern of the "likelihood of reoccurring problems" should be adequately addressed. Since this proposed agreement is a "settlement" of the disputes between the parties and a legal action is pending, dismissals and releases of those claims should be provided. It appears to be contradictory and impractical to agree to settlement without effecting a dismissal of the claims, considering that the parties have a remedy to enforce the te.,-ms of sealement as set forth in the proposed senlement agreement. Guardhou.~e Operatj~tl: Mr. Bumstein has indicated a concern of a "conflict of interest" for the Homeowners Associations to pay an amount of m(~ne>' each >.'ear towards the cost ora Ranger. However, as proposed the Homeowners Associations would be contributing to the general fund of the Collier Count>.' Parks and Recreation Department in an effo~ to partially defray the cost to the public for a Ranger to periodically be available at the guardhouse when the park was full or near capacity. It is believed that a Ranger will promote harmony between the public and the community residents and ensure public access and information. As with other County. Parks with beach access, it is anticipated that the Ranger will prove helpful to the public. The Ranger would be available to inform the public of access to the facilities and provide traffic information to the beach-going public, v. hen the parking lot of the County Prese~'e is full or near capacity. This increase in cost to the Count>' was viewed as an increased cost which could be somewhat shared between the Homeowners Associations and the County., rather than make the public foot the entire bill. No indMdual Ranger ~tould be assigned, rather thc CounD' could choose who to send based upon availability. Rangers at other parks have proven to be veo' helpful to the public during the height of season when parking reaches capacity. If the Office of the Attorney General is not comfortable with the Homeowners Associations bearing 1/2 the cost ora Ranger and would rather have the public pay the entire increase in costs, the Homeowners Associations would agree to this modification. Alternatively, the Homeowners Association would agree to signage that is remote-controlled by Park Rangers and lighted when the Count>' Presen'e is at or near capacity. Even though Collier Count).' and the Homeowners Associations believe that the Coun .fy Preserve would be more efficiently operated with a Park Ranger available to greet and inform the public when the Count>' Preserve is at or near capacity, the Homeowners Associations are willing to compromise to allow for a remote-control lighted sign system ifthe State is unwilling to accept the Park Ranger alternative. Parking Spaces: In the opinion of the Homeowners Associations, the proposed settlement agreement actually provides for more parking spaces than was agreed in the Use/Access Agreement of November 10, 1987 (Section 7) which limited the spaces to the construction and de that time. Furthermore, the current number of parking spaces e.',.ceecls the carr~'im capw,~' l: i " 0v I0 1 98 Ramiro Manalich, Esquire -6- communication made b~ the course of settlement negotiations July 22, 1998 the Land Management Plan for the Preserve, which Plan also limits the amount of parking. It is the Homeowners Associations' position that the parking spaces already include an excess of 100 over the proper amount of 256. As a result, the proposed settlement agreement attempts to preserve the natural surr. oundings and the environment from further demolition to create additional parking spaces. From Ms. Sawaya-Crane's comments at the October 24, 1997 meeting, it appears that she would agree with the intent of the agreement to preserve the natural surroundings and environment. Notwithstanding, the agreement still does allow for the creation ofadditlonal parking spaces. It simply requires that the Land Management Plan's requirements be followed. Again, this Preseme should be treated the same as other County and State Preserves. However, if more acceptable, the H'omeowners Associations would agree to modify language in Section 5, on page 7, first sentence of the first full paragraph to the following: The County, may expand the current parking spaces ... only if and after the Board of Trustees of the Internal Improvement Trust Fund... Use A¢ce~; Agreement: The office of the Attorney General did not object to this section. Signage: The section on signage provides a detailed description of the proposed sign. Other than not being electronic, it appears that the proposed sign would be acceptable to the Office of the Attorney General. If an electronic si~ is required for the State to join the settlement agreement as discussed above, there should be some discussion as to who will pay for such a sign and what D'pe of electronic sign is required. These D'pes of signs are ~:er), costly, especially with remote control access. As to the availabili .fy of the Ranger, please see mv comments above regarding Guardhouse Operation. J'udlcial Approval Of 5et'tlemen[: Dismissal must be t,'ith prejudice to renewal. Such dismissal still allows the parties to enforce the agreement. As stated above, the proposed agreement requires the Court to approve the settlement, and the Court will retain jurisdiction for enforcement (Section 8). The party, in breach of the agreement will be liable for attome.vs' fees and costs to enforce the agreement (Section 12). If dismissal ,,,,'as v,'ithout prejudice, the next da)' a lawsuit could be filed relating to claims in the prior pending legal action. Dismissal without prejudice provides no finality to the dispute. It would be a senseless settlement if the Office of the Artome.v General requires dismissals without prejudice. As a result, the Homeov,'ners Associations, the Count).' and the State would be faced with the possibilit?' of future litigation and expenses. No doubt this litigation has been as costly to the public as it has been to the Homeowners Associations, and Mr. Bumstein should consider that a dismissal prejudice could limit future litigation. If the Office of the Attorney General is concerned that a claim in the lawsuit will be waived and it does not appear to be addressed in the settlement, please let me know and identify this claim. However, we have endeavored to address all the disputed claims pleaded in the pending lawsuit. Furthermore, if this lawsuit proceeds through trial the decision of the Court would be a decision on the merits. All claims pleaded and decided will be subject to resjudicata ancb'or collateral estoppel, and all claims not pleaded ,,,,'ill be effectively waivecl. For the foregoing reasons, dismissal with prejudice is mandatory to settlement. Dismissal With Prejudice: See above discussion of.Judicial Approval .Eff~LclJ~laa~: The Office of the Artome.v General did net object to thislsect~.'-'g'/~-'~r'- tNov 10 ! Pg- Ramiro Manalich, Esquire -7- communication made in the cottrse of settlement negotiations Jul.',' 22, 1998 Default/Breach: The Office of the Attorney General did not object to this section. Attorney's Fees and Cos~,i: This section should address Mr. Burnsteln's earlier request that "Automatic penalties ought to be specified" (comments to section concerning Guardhouse Location). Such a provision should not "chill" public agencies' responsibilities. Instead, it provides a remedy against the party in breach in addition to enforcement. If either party is to undertake the expense of litigation as a result of another part)"s failure to comply with the settlement aereement, they should be entitled to recover their fees and costs to obtain enforcement. Be'definition, the-breach ~vould have to be a breach of a material term to prevail. Unless the State anticil~ates breaching the proposed agreement, such a condition should not be problematic. Regardless, if' another action for declaratory judgment was coupled with an action for breach of the a~.reement, the prevailing parD., could recover costs under Chapter 85, Florida Stat-utes. The Florida Star'utes should not "chill" the Count' or State from exercising, required responsibilities. ~ The Office of the Attorney General did not object to this section. 6. Conclusion Once you have had a chance to view the enclosed video and consider the response of the Homeowners Associations, please let me know how the Count)' wo~Id like to proceed. As ab, va.vs, my clients would like to continue to work towards an amicable resolution of this matter usin= the material form of the proposed settlement agreement. While the Homeowners Associations are confident that they can reach an agreement with the State, if that does not occur, the Homeov,'ners Associations would still be interested in reaching a settlement with the Court .ry. JHK/pmb Enclosures cc: Clients /~ Ve,-v truly )'ours, J~ ~,.n H Ko, , N2470091.DOC I AGENDA No. I SETTLEMENT AGREEMENT THIS SETTLEMENT AGKEEME2',,q', ('Agrecme...t'), is entered into this _---- ~Y or , 1997, by and be~v~-n the Board o£ Count)' Commissiorz.~ of Collier Count}.', Florida, a poIifical sulxtivislon of the State of Florid.x, CCounty"), and Lei)' Barffoot B¢?h Propc~' O~vncrs' Asaoda. fio~ Inc., ~ Florida coq~nfion, CProperry O~crs"), ~ Lely Barefoot Beach blaster A. ssoo~on, Inc., a Florida corporation, ('Master Assochfion'), (coll~-fivcly, the Propen'y Owners ~d ]~[a.va:r Assochfion ma}' be referred to as 'Homeowners') (.~.'~d all the panics to tI~s a_.grc..-ment n'.ay be re£e,"red to as the 'Part[es'). WIT3'ZSSETH: WI-~ILE..KS, the PropeR' Owners ,--'~d blaster Association are hom:bxx,'ne.'s' ~socia:io~ r~rcscatLng residents of' the Lely Barefoot Beach subdivision (the '£ubdMsicn") located in Collier Count2..', Florida; WHZREAS, there is a certain me=~dering nosh-souu% road rur.-£'~g 0'.tcugh th: subdivision commortly k~o~x~ ~ Lely Be'ach Boul~'~rd (the 'Road'); and WHEREAS, Properr}' Owners own the folloxvLr, g d.*scribed real proper).' comprising the northern mort sec, ion of thc Ko~: Tract K of Lel)' Bar'.foot Beach, Unit On.-, accord~,g to the n-.ap or plat thereof on file md recorded in the Office of th: Clerk of the Circuk Court of Collier Count3.', Flor/da, L'~ Plat Bock 12, Pages 34-37, inclusive, more. co.'rumorJy k~cnvn ~ Lei)' Beach Boulc-,'~:d ('~rma K"); a~d · . WHZKEAS, Master Association oxvra that portion of the Road begltaxing at the southern most point owned by Property Owners a~'~d continuing south to the Road's southern terminus; and $etllc:n~t A~'cement 2191~l-l.&~c ot 10/~Y7 P~$c Iot I0 · ...... ~V'I'IEREAS, ~hc Propc~' O~crs and or ~h¢ Mas'~cr Association ~r~ ~c successors ~ ~tcrcs~ o~ ~ C~ ~ ~ly D~,'elopmmt Co~omdm; ~ k conuo~ by ~e o~ ~ I~ from D~ S~ of ~od~ ~d u~n ~Jch i~ opcn~:s ~rcf~ Be~ch Yr=r-n'~ C.a.~t7 Park (rh~ 'Park'); '~3-IE~, the Road lt..~n~ into the Park is z pri~-atcly-o~'r,~ re, ad znd is the sole l~d-use acccl, s to L~ly Barei'oo~ I~cach subdivisloa, a corrununiry of priv'au:Iy.~,'n-'d homes, as well as the sole la. nd-use access io the Park ~.'~d Stale Prcs-.n': at t,~c sou~,h.'.m ~d el'th-. P,¢a~; and WI-[EP,.EAS, the Count' ~.':d ~,: S~:e of Flori~ F~ve c.~e.'r,e.~: acc:ss rl.~hu ~hJch ~c{ude the Road for th.' public to reach thc Park and D,e Sure Presen'c (collectively, ~,-' W'H]EP,.F. AS, Hom¢osvncrs us.' ~e Road to access their hom...s ~.'~d the ~ddlc of~e Road, approx.imat:ly 2:52.1 fee: south of the pavern.'n~ lin.' of Bord~a Beach Road; and X'v'I-~EP..EAS, a controversy l',~ d,..vcloped 'oc~v~n the Pa,"'d.'s r:_:-',rdL~ e:ch c'&er's r~hts with m ..... c:'s cf ~he _~.--.,eral Fubllc to access respcc~ to the loc~tion of the Ouardl'~ouse, ~.' use of u'~e Road by '-~' thc Park, the operation of thc Guardhouse, and the vulidi,-,.' WFIEKEAS, Homeown:,'s kay: sued th: Cou.'~%' L-t the p.-::..&L':g Circ'.~it Cour~ Case, N'o. 95-007.3- CA-0I, in the 2Cab Judicial Circuit in and for CclIier Cour, Q', I:'{crida, s~'.' 'kL".g d.-cl::-a:or}' relief with respe."', to ~e Guard,house Ioca:ion cn th: Road and c:,-',.tL'~ doc',z'r,~,u, cf public re:oral, ~,'-.ich ~s:abIish and/or impact ~: public's pc,'rr,,a.nen: cas,,'m, -~,.t ffS.hr.s cn the Pt. ad to thc P,-::sc-m,-: t~ t. he sou~; ~nd Vv'I-[EREAS, in the pcndL':~ Circuit Ccu~ Case, l','o. 9S4YO?.i-CA-01, in the 2~h Judicial Circuit in ~-nd for Collier Court .fy, Florida, Homco~ers also s~k injunc,Jv~ r:!i:~ ~ith rrsixct to a Ccrun.9.' Cc~ Erurorc. a-n~t Board C'CEB') cratorc=ne.,t proc~g, ~'ha'r~Ln the Cc, un~' s~'ks to d~la..'~ tJ'.~ Oua.,'r~ouse icx:21ion in violation of the conuollLnlg PUD OrctL,~.ncc ~ thereby, to ol:tain r}~ uh. itnat,' r,a'n~>', a CEB OrcL-r dir~'tin.~ the h-atncdiatc r~.-noval oi' the Guar~ous: From the IG:nd ccm.s~u~nc4:s of ~posldons of F~r, cs, lic?.s and ul~'n, at.c_ f'o_r~lo_s_urc proc.~nF:.s; an,d NOV 10 1998 219{51-I.doc of I0,~? P~e 2 of 10 WHEKEAS, in CEB Czs¢ No. 96-012, Counb' circa Hom:o~w.:.'s for cer~L~ x~ohdo~ of Collier Co~' ~d D~'cIopmcnt C~: ('LDC') (OrdL-~ No. 91-102, a; g~;nd:d), O~ No. g5-~3, ~nd notlc~ ~,c m~r for h~ng bcror= ~M CEB; ~d %%~~, ~ Cir~k Cou~ C~= No. 9S4073~A%1 ~ CEB Cuc No. 96%12, ~~ ~ ~ ~e Ou~r~ousc l~on L~ ~c ~d~c of~ Ln Tn~ ~ ~ppro~ly 252.1 f~ so~ or ~e p~vcmm~ line of Bo~ Both ~d, is properly pc~ by Coun~ Bufl~g Pc~t No. gg-734, ~ad ~ercforc, is la~lly I~ La ~z ~!y B~cf~t complete ~d~ Collier CounW P~ Ord~ce No. SI-g3', ~d ~A$, in Circuit Court C~e No. 95~073~A~I ~ad La CEB C~e No. 96~12, Co~' ~s ~t: ~e Guardhouse l~:izn violates PL~ Ordinate No ~5-i3, x~h~ch pe~:s facili~' to be l~ted ~ Tract A, nor Tra~ ~ al~ou~ ponio~s of the ~tchousdguar&housc facili~' compl~ ~y ~end over ~d ~to ~: road; ~t P~ Or~cc No. ~5-~3 proEbiu ~y T~ K ~ would interfere xd~ access to ~e p~blic Park 1~ to the souzh; ~d ~lly, Ou~'~ou~ ~ con~ctcd in Tm~ K pu~u~t to ~ Mil~g ~t issu:d L~ c~or ~d "Ou~r~ousc l~tion co~kut~ ~ ~ped~m~ to publi~ ~cc~s ~o ~: P~rk Izn~ to Holadon ofPb~ Ord~cc No. SI-SS; md ~~, a multiple ~y h~F~g ~x~ hdd by ~z CEB La ~Js m~r, La ~ch ~e Panies were represented by coue~el, pres~ted ~ddence, e~%ed ~e ~imess~ ~d pre.ted ~elr o~I ar~ments. ~er~r, ~ CEB deli~ ~ ~ke S~ns~ne, ~d m~de ~e~r c~ EmdL~ of fi~ ~nd conclusio~ of hw. ~ch ~bs~u~tly xx=rc r~u~ to a f~l x~ff~m ~rder, ~t~ Fcb~' 27, 1997; ~ad ~~, pu~[ m CEB FL'~ Order, ~:~ Feb.' 27, 1597, Lhe CEB d~e~n~ p~t ~~ l~on d~ not Lmp~e public access [o ~e Park I~ to ~e sou~ ~d ~rAer. is not ~~, p~s~tly ~d~g ~ ~e Appellate D[~islon of ~e 2~ Judicial Cir~it Ap~ offf~ CEB Fi~l Order, purser m i~ tLme!y-fil~ Notice ofAp~l; ~d a. rn3c~ble resolution of Circu;t Court C2.se No. 95-0073-CA-01 ~d of Appell,x:e proceedLng~ ofCEB C~e 'No. 9~12 ~t ~c n~ for ~ c~n ot ~~fi~ pr~e~; ~ ~ ~ly B~ ~ ~ ~d p~ ~ fi~t of ~c mi~u of ~ly B~f~ ~ch ~i~ ~ ~fi~' a~ ~ ~t~ by ~u~o~ ~ or ~Mcl~, ~ x~zll ~ ~e public's %%~, ~ P~ics arc d~irous of ~g ~to ~s S~t Agr~t x~ch preset'es ~ ~ ~ fo~ ~Imv. NOW ~FO~, ~ CONSIDE~ON OF ~ S0~ ~%~ M~ CO~'.~%~S CON~'ED ~', ~ND ~ CONSIDE~KTION OF T~ blb~ B~EF~S TO FLOW FRObl ONE TO ~ O~ ~ P~ ~O AGUE TO BE BO~D BY ~ ~ND CONDI~ONS ~ S~ FOR~ HE~. 1. 6uthod~'. ~ ~dcrsi~ ~ting for ~ ~ ~If of ~e rcs~oivc P2nies, arc duly au~ r~r~fi~ of ~e r~ve Pa~ ~ ~ S~t Agr~t x~ ~I! ~ ~zr to ~gu~c ~fl deliver ~s S~l~mt Agr~mt ~ ~ b~ ~c P~cs to ~e t~ ~~ ~ ~ fo~ hcrc~. 2. ~ubli~ 6ccess Rights. Homc~xn~ do ~t ~-4 sFall n~ L~ ~c ~rc con:~ or obj~ ~ fi~u of~s ofP~ ~slton ~xM ~ ~ mi& ~ ~ Su~i~ ~ ug ~ R_~d for L~s to ~-~ ~~ ~ for ~s ~~s ~~sx~. ~ C~'~so ~ ~ fi~tto ~~)' ~u~ s~ outer ~mm pr~ ~{& ~ ~ P~ o~g h~ ~ use ~for~~d~~suchp~. N~of~~~p~s~ p~ to the Ma.c~r A.csod,xfion ~ra.ncous m,~ilLng ora leges. a.t ~ fo~'-~t (4S) hou= in a.dva.nce ~' teteplxme and AGENDA ITEM r~o. //9,4'- NOV 10 1998 Pg. ~ 3. (~u~rdhguse Loc~tiqn. C~nt)' zgr~s ~ ~vc, dJsmlss ~or rcl~ ~ny p~mt or ~ c~ ~l~g ~ ~t G~r~ l~fi~, appro~ly 252.1 ~of~~-h~~eof~~T~ C~'d~ ~. ~ ~i~ of ~ fo~o~ ~ ~y r~ly ~mr ~g du~g ~e ~yli~t h~n ~hm ~e P~ ~o][fi~ w ~ ~ are ~n, ~ ~g ~tion faciliu~ ~ ~slm public ~ a~s ~nd ~crefore ~io~ ~ a benefit to public ~h ace.s, ~er ~ im~dinfl public ~ch ace.s. No~x~m~dLn~, ~e Hcmeo~ers ~y s~ul~e~sly ~m[n ~eir ~n perso~el in ~e Guar~ouse dung o~ Park hcurs to ~is~ to direr, or o~xSse to ~ard ~c residcn~ of Lely Baref~t Both ~nd ~eir ~era, license:s, z~r L~t~s. 4, ~uardhouse Qperal;on. ~e Panics agr~ ~t at all tL~es during oFea Park houri, ~fly g:~ a.m. to suns~ ~c Guar~ouse gates s~ll at all ~es ~ L~ ~,e 'up' position h order to all~r u~m~ public access to ~e Park Izn~ to ~E soufi of Tn~ K At no tL~e dung uhe Park o~g h~n s~tl ~y Property Oxx~e/s pe~cl ~or M~r ~s~ia:ion's persov.nel pro~bit public ac~s to u~ Pa& facilid~ to ~e s~ nor ~ obti~ M ~y ~on or ~[~ ~z public to ~e Park facilities lo ~e sou~. ~er, C~n~' ~nov.nel s~II bor ~ll ~d exclusixe res~ili~' ~ ~sin ~e public ~ access~g uhe P~k bcilifi~ m ~he scu~ du(~g Pa:k At no ~ s~l C~n~ ~no~el ~ r~uir~ m ~s[n ~ly B~ B~ r~id~u, ~e{r ~aem, ~elr ~~ h ac~sing ~y pd~ pmp~/mx~ ~or ~~ by ~c r~idmu of ~ty B~cf~ ~ch. D~a~t ~ to ~e ~t of ~ a~gc c~ of ~f (I~) of a P~gcr pa}~ s~l k ~c by O~ 1 of m~ 5~, ~x~ m ~fl pa}~t of foun~ ~d one h~ ~ sL~'-fi~ dolhn ($I4,165.~) p~d by Nm~ 1, 1997. ~ch y~r ~c~Rer by July 31, NOV upco~'~g y~ ~l u~: 50% avcr2gc ~ o{'a P,.~gcr which ~611 ~ us~ ~ ~htc such ~. ~4 Count' ~c~s ~ ~W o~ ~ P~ ~ ~ ~ pr~ ~c ~e~6on ~ ~: ~ch go~ public. ~' cr~c. ~ ~c ~ Hom4~c~ i~ll ~ ~ ~c ~ ~ G~r~ousc, such c~ g,~ s~ll bc ~ "up* ~id~ at dl ~ during o~ Park hou~ ~nd r~ ~ ~he "up" ~idon ~I appro~tely ~ h~r ~ s~. Ho~ncrs, N ~elr sole ~r~ ~y cl~c ~t~ across ~e Road ~m ~ ~ ~y ~d 8:00 a.m. ~e follm~g ~y. ~c C~' sMll l~k ~c ~a~ at the m~mcc ~c Pa~ aP~r P~ opcnting houri L~ accor&~ ~i~ ~u r~rd oFen~Ng ~r~edurc at all C~n~' ~]ki~. ~g mnlc n~ting ~n ~fay I ~ 0~ 31 or mch }mr) C~n~' sb~I not ~uir~ to I~k ~e ga~e at ~)' ~Lm~ ~Mt would N~cfferc ~i~ C~n~' so ~nlc ncs:Lqg mo~atof~g m~d p~ ~d~. ~c C~n~' ~11 ~u~ ~}' l~r), ~or ~c ~ o~~ ~ Pnrk ~s[~ors, h~l ~c Collier ~ nl~ ~ o[ 0.42 ~ ~ ~n ~S~ ~e P~cn~, ~ch n~bcr o~ ~rsc~ for such · ~~ ~ ~ ~ ~c ~ ~ps~' o~ P~. ~c ~o~ number o~ pc~or4 D~ cm bc AGEND~ ITEM ~lO NOV 10 1998 pg. ~ Barcf'c~ B~__ch Prc:sc~-c County Park ('Land Ma~gcm~t Plan') pr~4ously 2dop~ by ~ C~' on July 20, 1993 (~ V(A), ~ur~ ~scss~ ~$ C3p:~q;;, ~ s~ ~o~ ~crc~. c3~g 1250 ~ ~ ~ I~' ~ ~ aM~ ~Iu~ 60 ~ f~ of~a~, 90 12~ ~ ~ ~b~ up ~ buff~ ~. ~ ~ ~g ~ for ~ this ca.lculztim )'~b m~) hm-xi~ ~ fi~-slx (256') pzr~g The Cou.~' will r',cx ~par~l the pa.rking spa:es__ bg'ond LM cu~t paring spaces vd'ich number thre~ h~ and fif~.'-sLx (356), which includes an additional o~ hu,~red (I00) spaces, unJcss and until t,h~ Board of Trur~=s of the Imemal lr,,~:,'ovcme',,t Trurt Fund of the Su:e e£ Florida ~d CcIlier Count', thrcragh requir~ publicly adveHis~ and open public rne~.L~gs and other requirements, am:.,~ the formula used in the Land Ma~$~."'=.cn..~ Plan for dc',ermL,,,L'~g ca.-~,'Lng capacity of th: Preserve. L~ the event thnt the fo ,r-.r, ula use~ L'~ the Land h{a:tagc-.,~.~, t PI~ is reolcutat~ ~ thereby ~cr~cs the numar of par~g spa~, ~e P~ agree ~t ~e c~sting ad~tio~l 100 spaces ~ ~c~s under the cu~cnt fo~ula ~Ii not be ~ ronsard but ~I1 ~ counced to~ar~ uhe n~' n~r o~ space. ~e Homeo~crs a~re: ~o · sr~ss the{r pen~ng cause ot'actlon to re~uce the current nua'nber orpar 'k~s spaces. 6. Use/Access Aoreernenh Homeo~.~crs he;thy u.'~condJdenally a.'~d cor',,,pl~:ly rcle.xsc Count' from those c:,-uln provisiora in that ccr~aL-~ UscZAcr.."ss A.~r .c:r;',,4~c dated Nover,,b.r I0. 1957. m~"~t b-4o be~v~-n Count)' and L~ly Development Corporation, prt'~cc~scr Ln tltlc to uhe real propc~' ~ in Homea~vners, wkh resp~,&~, to pzragwaph g ~%,~ch Board agre~ that r,m~,darfl cpcra~g pro. ute ct' recrcade.".al a~k'{ties occurring on Property. m'lI include ]L'n~g the numbe~ ofveMclcs accessing th~ . Prc~rO' to the number of ac~nl parking spa_c~__ loc~__?~ on the Prope,."q.'. I£ parking beccrrr~s full at any tL'ne, a~ ~o Prepe,"ty ~-i]l t~'npom'ily be clos~ at the in--on of Ben/ua E~__ch Road at ~ cnuan~ to Lely B~rcf~t Beach sx~bdiv~ion until such ~{me ~ parking spa_,:~_ become a,,~'lable. SeIIc~, or ~ a. ss[~'~, shall haw th~ Hght to ~op access to Property when pa.r~.g lot is full. 7. ~ Within 1~0 days oftM cffe~ve data ofthis AD,'e~ncnt., the Count)' sMI1 ins~l informational signs, compau'ble ~ith thc c,haraaer of' the Subdivision, bc~v~-n Bonlu Be:ach Rnad anti the 1998 C,n~dl',cxi,sc ~hJch sh~ll Ix: vlsibic to thc public, ~d ~ s~ll pro~c ~om~don rc~rdln~ nc~s ~bly ~i~cld. h s~l not bc r~i~ ~ ~' o~ ~c ~i~ ~ li~t~. foll~g ~ ~tc of~c~fim or~is Asr~mt by ~c Pa~. ~'cr ~c Pr~caz pa~a~ Io~ is ~I1 ~ ~ =padg' ~ g~c~ b)' C~n~' P~k Su~, ~ C~5' s~l uflli= thc si~ to ad~c ~c public of~: r~ ofp~g spac~ ~c ~e Preens. On ~e ~io~ b~v~ O~o~r u~-c~h ApHI of tach )~ ~ ~ ~}~ ~ ~=km~ of M~6~I D~y, ~~~ Diy (July 4~) ofa~.' ra:'ur~ wM:so~'er rclau::d to th: Acfi~ or App:=l. 10. ~.ffecfive D~t~ Th~s Agr~,,cnt w~'ll I:~ e~cc'j,.: on the date on wl-Jch the Court ~___~ z ~u'.al Order incor"~r~tl..~g ~ appro,.ing k. 1 I. ~. In LI-~ c~'u-nt tl~ any Paa'y to this Scra~-,~--nt Agreement ca'r,~rs zn act of d~td~ of this Scalcm~ ~ szxt such azt of d-~.~ul~rc:ah is ~i~:d by thc non- de~king/nc~-brc:~hing P~'r/, such ~zivcr sMll n~x opcr-~ nor be ca-ar, rued, ~ a ~Jvcr of later, sin'a'l~r or dissirru'l~ defauks/m:aches. Upon default/b _rr~ch of this Sc"Jcrz:nt Agreement by in)- ?arg.'. a non-&~ulting/nan.br~ching Pan>.' sl~li ha~: the option to c~-rcise all ~'~'I~ble remedies at law a~qd,'or in e. quit).' (including but not Hmhed to, clai,-ns for injunc'dve relief ancot da,-na_e~), in the Circuit Court to erfforct the terms of thls Agrc."mcn{ cnlercd as a F'L-.al Order. Said rz'n,,~{~ at law and/or ,2..n ~uir2,.' s,Mll be s~u~t before the Circuit Court th.~{ r~',~ined jurisdiction ~'cr the S~Icrn~{ A_erc-:.-nent for ¢.'fforcemen{ pu rpcrses only. I2. ,Ar~ornev'~ Fees ~nd Cost:~, The, Panics a.lrr, t."~t in th: c,.'mt any P~rC... to fids $c:flcnent Agre:m~t applies to the Circuit Court, p.ursua~t to a morion or action for e:fforcment oft~s Scr-J~"r, ent Agmt resulting from a defauk/breach offings Sc",2~'rar,,t Agr~w,,ent bt. thc other Pzrq,.', thc pr,~"~ling Parr,.' in such proceeding sMll be awarded irs rca.sa~ble a.,,.d ncccssar>.' ar:omcl,."s fc:s and costs, including appellau: ar, omo~s f~-~ and cofrs, incurred La such pr~_.-~___ini(s). In thc ~'cnt C~unn.' is the prr,~iliag Pa~.', Counc)~s award of reasonab[e and ncc~saO. a~rr~."s fc:s and cc}sa sMll be computed pum:.x.nt to the fMr market value of the ar:oral-(s) time and se."~'k.,-~ L':v~h'c.d (as governed by applicable rules of'I'M Florlda Bar z.nd case law) zM not on ~ basis of tM an.n'.,~l szlzO. of thc at':orn%-(s) paid be,.' the g~'crnm~ ~ti .~,. 13. }Cnt[re ^erecment. This Scrd~nent Agre::n:nt, cor. sLe. lzg of tea (10) conse:ufively numbered p~c~, con~mte~ the entire asrcem~t betwc=m the P~c~. Any amendment, mc~ifieations, a~/or ex:c'nslon of t,kls Senl_,mnent Agreement, to be effective and ~fforemble, ~Mll be ia xwltLng and o/Tie:ally aM duly exeeur. M by tM author;z~ legal r,:prc~entafiv~ of the respective ATTEST: DV, qGHT £. BKOCK, CLERK V,'itn~s Sign~r~r~ BOARD OF COUNTY COMMISS[ONER5 OF COLMEK COUNTY', FLOKIDA By:. LELY BAREFOOT BEACH PKOPEKTY 0WA'ER,'S ASSOCIATION, INC. Barry IkNicolx, g Pr~ident Printed lq~rne Wiu'~s S ign~.~m LELY BAREFOOT BEACH I~L-kSTEK ASSOCIATION, INC. B?. President Approval ~ to form ~ Icltd s~icicr,.c:..' f~r ~ HOM~OWNEKS: CUMi~'NG$ ~: LOCKWOOD Anov~ fn~ Lely Baxef'cx:~ Beach Pmpe'~. Ov,"ne~ Asso,";,~:~, Inc. ~nd Lely Barff'cot By:. AGENDA IT~EM .o. 40W~' NOV 10 1998 g. Department of Environmental Protection L~vvtcn Chiles Governor Virg,ma B. ~¢etherell Secre~r7 November 27, 1997 Ms. Nan Gerhardt Collier Count), Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Dear Nan, Than.k you for your help with the management review of Barefoot Beach Preserve. The review was a success and we enjoyed getting to 'know the area. Please find enclosed the review team repor~ for Barefoot Beach Prese~'e. We have also sent a cop). to Timothy Hancock, Chair of the Collier County Commission, and informed him that the review team findines should be incorporated into the management plan update. This report will also go to t"he Land Acquisition and Management Advisory Council (LAMAC) in mid-Januao.. If you have questions don't hesitate to call me at 850-488-2725, or Bill Hov,'ell or Amy Kni~,ht at 850-487-I 750. Since r_.ed.v, "'Robert Clark, Environmental AdministratOr Division of Sta:e Lands RC/ak Enclosure Land Management Review of Barefoot Beach.Preserve, Collier County (Lease No. 3868): October '17,-'1997 Prepared by Division of State Lends Staff Robert Clark, Environmental Administrator William Howe!l, OMCM Amy Knight, Planner November 6, 1997 AGENDA~TEM No. /~,,~- NOV 10 1998 I Management Review Team Members .Agency ::; .'i~'' Represented DEP/DRP DEP Northwes', District DACS/DOF GFC Scil and Water Ccns. District Count/Commission Conser~aticn Organlzation Private Land Mar, a_=er ,:...Team rnember ~.. appointed Mr. Ken Alvarez Mr. Jon Igfehart Ms. Son jla Durrwatcher Mr. Fra'~k Smith Ms. Laurie Mitchell (CoIlier Ms. Rosemary Miktuk Mr. David Addison (The Conser,,r, ncy) Mr. Shannon Ludwig (Corkscrew Swamp) Team member in attendance Mr. Ke,q AIvarez Mr. Jori Iglehart k',s. Sonj!a Durr¢,'a~=her Mr. Frank Smith Ms. Laurie Mi:shell Ms. Rcsema,'-/ Mr. David Addiss,n Mr. Shanncn Ludwig I I Process for Implementing Regional Management Review Teams Legislative Intent and Guidance: Section 8 of CS/CS/HBs 1119 & 1577 (§259.036, F. S.) was enacted to determine whether state-owned conservation, preservation, and recreation lands are beir, a managed for the purposes for which they ,.',,ere acquired and in accordance ~',,it~ adopted land-management plans. It establishes land manasement review teams to eva!uate the extent to which the existing management plan provZdes sufficient protection to threatened or endangered species, unique or important natural or physical features, geological or hydrological functions, or archaeological features, and to evaluate the extent to which the land is being managed for the purposes for which it was acquired and the de,=ree to which actual management practices, including public access, are in compliance with the adopted management plan. If a land-management plan has not been adopted, the review shall consider the extent to which the land is being managed for the purposes for v/hich it was acquired and the de~ree to which actual man'cement practices are in compliance with the management' policy statement and mar~aaement prospectus for that property. If the land management review team determines that reviewed lands are not being managed for the purposes for which they were acquired or in compliance with the adopted land management plan, management policy statement, or manaaement prospectus, or if the managing agency fails to address the review findings'in the updated management plan, the Department shall provide the review findings to the Board, and the managing agency must report to the Board its reasons for managing the lands as it has. No later than the second board meeting in October of each year~'the Department shall report the annual review findings of its land management review team. : I AGENDA ITEPI 1998 Review Site The management review of the Barefoot Beach Preserve considered 156 acres of uplands in Collier County that are managed by the Collier County Depadment of Recreation and Parks (see attachment 1 for map). LAMAC approved the management plan on September 28, 1993 and the next management plan update is due in September, 1998. Review Team Analysis The management review checklist was analyzed as follows: The checklist consisted of two pads: a plan review section that answered /hether or. not the management plan sufficiently addressed'protection/restoration/management needs for a series of items; and a field review section that scored to what extent sufficient .management actions were being taken for a series of items. For each item in each section the scores for all team members were averaged. Items for which the average score was Iow (_< 0.5 for plan review; < 1.5 for field review) are described in the following checklist results and indicated with a minus (-) in the corresponding checklist (Attachment 2). Checklist results Review Team Findings l.A.2.b. Rare Animal Monitoring Inventory and monitoring ~ -- ,,, r,~, e animal -,::,-~ . s,, .... s should b,:, I.A.3.b Rare PIant Monitoring Ifl. B.l.a IHon-native Invasive Animals: Coc'.rcl IlI.B.l.b N -", on-n~,~ e In/asive Animais: Monitoring III.C.l.c Ground Water IH.F.1 Storm water/effluent Ill. G.3.a. Buildings [lI.G.4. Slaff V.B.3. Ferry dock the management plan. Inventor/and mcnitorJn~ of rare plant species shculd be and described in the management plan. A control program for n=n.native invasive animals should be ~re.-.sed in the plan. Monitoring of crcund water should be addressed in ~'= - t,,. plan. Problem of storm water runoff from adjacent prope."ty should be addressed in plan. Existing buildings are nadequa[e' new buildings should be constructed. Additioaal personnel are needed. Operation of aferr/ dock i's ' : '- · Incons.s,=n, with the purposes for which the property was acquired. Some items also received high scores (>_ 2.5), which indicates that exceptional management actions are being taken. These are indicated in the checklist in Attachment 2 with a plus (+). The review team found that the managing agency is doing an excellent job of protecting and restoring natural communities, controllin~ non- native invasive plants, minimzing hydrological disturbance of roads, controllino a~imal poaching and vandalism, disposing of waste, delineating boundaries, providin~g public access via roads, trails, and parking, and educating the public. Recommendations to the managing agency The following recommendations resulted from a discussiO'n and consensus of review team members. "-' 1. Additional maintenance funding for non-native invasive ~'pecies removal and monitoring is needed. 2. Inventories of all species, including plants and gopher tortoises are needed. 3. Additional full-time staff for management and la,,',, enforcement are needed. The checklist items described above and recommendations to the managing agency should be noted in the next, management plan ~pdate as having been identified by the reviev,,team as needing to be addressed in the management plan update. The checklist items should be addressed in relation to the category(les) in which they received a Iow score, e.g. whether the plan sufficiently add~ressed protection/ restoration/management needs, or whether sufficient mana.:ement actions ',','ere beina taken. ~ Is the land being managed for the purpose for which it was acquired? After completing the checklist, team members ,,',,ere asked to answer "yes" or "no" to this question and given the opportunity to provide general comments. All team members agreed that the land is being managed for the p~rpose for which it was acquired. Individual team member comments are compiled in Attachment 3. Are actual management practices, including public a'ccess, in compliance with the management plan? After completing' the checklist, team members were asked to answer "yes" or "no" to this question and given the oppodunity to provide general comments. All team members agreed that actual management practices, including public access, were in compliance with the management plan. Individua} team member comments are compiled in Attachment 3. · ~..qE NBA ITEH '"-.__Zz2,,'¢ _ ttachment 1 Wiggins State-owned land ps. ss Collier County north BAREFOOT BEACH PRESERVE Attachment 2 Purpose for which Land was Acquired ' ' Please see attachment to this checklist for purpose of acquisition statement. Managed Are,. Uses (p 20) A. Existing Uses Are uses consistent with purposes for which properly was acquired and other restrictions? I. Swimmi:~g a.nd sunbathing ~ Yes ~ No' 2. Fishing [] Yes ~ No ' 3. Bird wa:thing F-) Yes ~ No 4. Beachcombh~g ~ Yes ~ No 5. Self-guided nature walks ~ Yes ~ No 6. Park R~qger ggided wa~:s ~ Yes -- No 7. Boat~g ~ Yes ~ No 8. PicnickNg ~ Yes ~ No B. Additional Proposed Uses 1.0 1.0 1.0 1.O 1.0 1.0 l. Canoe:aiIs ~ Yes ' ~ No 0.9 2. Dune boa-dwatk ~ Yes ~ No 1.0 3. Ferry dock 1~. Yes ~ No 0.2 4. Trail loop ~ Yes ,~ No 1.0 2.4 NOV 1 0 1998 Attachment 2 1. Is the land being managed for the purpose for which it was acquired? Explanation Yes '- No Are actual management practices, including public access, in compliance with the management plan? - Yes '*'o Explanation Agency Estimated cost incurred by )'our agency on reis review Name of tea. rn member Title Signature Date 2.5 AGENDA ~.~EM NO... ~ NOV ] 0 1998 Attachment 2 Management Review Checklist Barefoot Beach Preser ,e [.ease No..3868 Instructions: Please take time to review the management plan and check the Yes~'o boxes in the Plan Review section before the field trip. During and after the field review you will be asked to rank items in the checklist from 1 - 3 based on the following criteria: (1) = insufficient; (2) = sufficient; (3) = exceptional. Natural Resources A. Biological Resources I. Natural Co,'nmuniries (;~. ~.1o, I$-15) a. Beach dune 2. AnLma!s (pp. 15.;~) a. Lis:ed species protection b. Monitoring 3. Plants Op. a. Listed species protection b. Monitoring B. Physical Features 1. Unique Natural Features II. Cultural Resources A. Archaeological Sites B. Historical Srrucvarcs I ' YES, 0" NO ',. Plan Review Does the management )lan sufficiently address )rotection/restoration/ nanagement needs." Yes -- :,'o Yes -- No Yes -- No Yes -- No Yes -- No -- Yes -- No ,--; Yes -- No ~ Yes -- No 75 Yes -- No F- Yes -- No Yes -- No Yes -- No 2-1 SCORE Field Review To what extent are sufficient management actions being taken7 0.2 ,.9 ,9 0.9[ I ~ 3 . I 2 3 I 2 3 i ':, 3 ] 2 3 ! 2 : I 2 ~ I '~ 3 $COR 2..~ 2.1 !.0 !.0 A~ENDA ITEM rio,. NOV In lg98 Attachment 3 The following are compilations of comments from individual review team members and are given here for information purposes only. Review Team Comments: Is land being managed for the purpose for which it was acquired? "Currently very well managed. ' '.. "Funding for maintenance (staff monitoring) and exotic removal. Continued maintenance i.e. success criteria if needed. Staff and enforcement needed, Public safe,"/ Inventor'/~,l~o~her torl, oise p~pula'.icn; Plant identification, esp, rare endangered species.' Review Team Comments: Are actual management practices, including pubfic access, in compliance w/th the management plan ? 'Monies to promote existence of the park. A sign on I-7.5 designating this state park." "Full cost accounting fcr mitigation now required. This shcul~ be included in m.~mt plan". 'Need to assure that free, unencumbered public access is maintained thrcucn the Le',y Saref:ol Seach Community." - AGENDA /~EM No. ID N0V 1 0 1998 Pg,.~ Attachment 2 Plan Review Field Review Does the management To ~hat extent are ~lan sufficiently address sufficient management .protection/restoration/ actions being " " {a~en. management needs? SCORE SCORE '~j c~nt Propcrt7 Us.es - .}" ' .. Sro.tm'walter/effluent ',. . . ~ Yes 3. I~oid~'~,,add~tio~s' ' ' ~ Yes [] No 0.3 I 2 3 2.4 [] Yes ~ N?. 0.9 1 2 3 11.6 ~ G. Adequate Resources (pp. 2:3 ~ 1. Maintenance b. Toilets ~ Yes [] No 0.8 I 2 3 2.4 2. Public Access " ,-q Yes _ No 1.0~ i 2 3 - _ ~[ b' Equipmen~ ~ Yes ~' ~ - 3 2.2 [' ~ 4. Staff . -: ~ Yes ~ No 0.9 I 2 3 1.3 ~ Yes AGENDA ITEM N0V 1 0 1998 Attachment 2 III. Resource Management A. Restoration of Disturbed Natural Communities (p.2~.~ B. Non-native lnvasive Species 1. Animals a. Control · b: Monitoring 2. Plants b. Monitoring C. Hydrologic/Geologic Function 1. Hydro-Alteration a. Soil erosion/disturbances c. GroundWate~ monitoring · · D. Unauthorized Uses I. Poaching b. Plants 4. Other a. fires on beach b. C. Plan Review Does the management sufficiently address ~rotection/restoration/ ement needs? Yes ,~ NoV- Yes ~ No Z- Yes _.: No 'Z,' Yes -, No Yes m No Yes ;"-i No ~,' Yes -- No f"q Yes '-5 No m, Yes :- No ' Yes -- No Yes ~ No © Yes :..TNo Yes ,m. No L..U Yes 5 No ~ Yes ~ I% Yes 55 No ~ Yes C. No Field Review To ;shat exlent are sufficient management actions being taken? 1 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I '~ 3 I 2 3 I '~ 3 I 2 3 I 2 3 I 2 3 · ~ 3 AGENDA _~TEM NOV I 0 1998 Attachment 3 The following are compilations of comments from individual reviev/team members and are given here for information purposes only. Review Team Comments: Is land being managed for the purpose for which it was acquired? "Currently very well managed. 'Funding for maintenance (staff monitoring) and exotic removal. Continued maintenance i.e. success criteria if needed. Staff and enforcement needed. Public safe.'-/, Inven',ory cf. gopher tortoise popu~at on' Plant idenlification, esp. rare endangered species." , Review Team Comments: Are actual management practices, including public access, in compfiance with the management plan? "Monies to promote existence of the park. A sign on 1-75 designating this s:a',e park." 'Full cost acccuntinc f,~r mitication now required, This'should be - ~ ,.,u..., in mgmt p:an". "Need to assure that free, unencumbered public access is ma[n;aineX th. rcush the Lely Barefoot Beach Community." AGENDA I'TEM STAT OF FLORIDA October 22, 1998 The Honorable Barbara B. B~rry Chairwoman, Collier County Board of County Commissioners 3301 Tamiaml Trail East Naples. Floridn 3~, 112 Dear Commissioner Berry: This office has completed its review of the correspondence to your staff from Mr. Jason H. Kom on behalf of the Lely Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association ("Associations"). This office has also had conversations with a rcprcsentative of the Associations in Tallahassee: Having considered the options presented by these representatives, and having again reviewed the concerns expressed by thc public, I mm of thc opinion that I have no choice but to ask you and the entire Commission to join mc in rejecting the Associations' proposed agreement as outlined in thc Associations' letter of July 22, 1998. As you know, when the State acquired Barefoot Beach, it also acquired an casement to provide access to this public property from the Associations' predecessor in interest. The casement grant specifically states that the fights granted by the Associations' predecessor to the State are not to be restricted in any way. However, the Associations' interpretation of this gr,'mt of an um'estrictcd right of access is that it allows them to "stop all persons entering the road, regardless of the purpose for which such persons might enter." The Associations also assert that they have "the right to operate a guardhouse and to stop all persons entering thc Road to ascer:,aln their purpose for entering upon private property." In fact, the Associations have even gone so far as to demand that the State's easement be vacated in its entirety. Thc Associations have also acted upon this interpretation: closing the guardhouse gates during operating hours; stopping the public at the guardhouse during operating hours; and turning the public av,'ay. In taking these actions, and in submitting their proposed agreement, the Associations have demonstrated an unwillingness to recognize the public's right to unimpeded access to Barefoot Beach Park. Thc County properly responded to thc Assoclations_,' con, d_uqtb~ taking legal action to remove the guardhouse. The State has also taken legal action by askixliiPt ITl~l/ court to declare that the State has a right to unrestricted access to state-owned property. ! _. /O~r. '~ """ i0 1998 The Honorable Barbara B. Ben')' Page TWo The State and thc County have a joint responsibility to protect public rights. It appears that as long as fl:e guardhouse is located in its present location, the public's ability to exercise the rights secured by the state on its behalf will continue to be impaired. This office recognizes the Associations' concerns for security in their subdivision and is willing to assist in addressing all reasonable concerns in a just and expeditious manner. The Associations should demonstrate an equal willingness to address the public's reasonable concerns over the present location of Ifc Associations' guardhouse. Accordingly, I urge you and your fellow commissioners to move forward with >'our appeal of the Code Enforcement Board decision and other pending litigation. Robert A. Butterworth Attome7 General 1998 COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tomiarnl Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Emoil: otlorne¥@noples.ne! October 30, 199g He;di F. Ashton Ilom;ro Mafiolich Thomas C. Palmer Michael W. Peflil Marjorie M. ,Student l'.4ell,..sa A. Vasquez Rodney C. Wade' Rober~ N. Zachary Via Facsimile (840/487-2564) and Regular U. S. Mail Diana Sawaya-Crane, Cabinet Aide OFFICE OF THE ATTORNEY GENERAL The Capitol Tallahassee, Florida 32399-1050 Monica K. Reimer, Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL The Capitol Tallahassee, Florida 32399-1050 Collier Count), t: Lely Barefoot Beach Property Owners Association, Inc., et al. Appellate Case No. 97-1055-CA-TB Code Enforcement Board Case No. 96-012 Circuit Court Case No. 95-0073-CA-01 Dear Dianna and Monica: Enclosed please find correspondence from Lely Barefoot Beach Property Owners Association attorney Jason H. Korn, as well as two versions of proposed settlement agreements which Mr. Korn has submitted to my office. You will note in Mr. Korn's letter that the agreements are identical with the exception of the State being included as a party and signatory in one document. Please also note Mr. Korn's comments regarding additional changes which are bei'ng proposed by the Property Owners Association in response to Assistant Attorney General Milch Burnstein's previous correspondence dated October 31, 1997 as well as Attorney General Butterworth's more recent letter dated October 22, 1998. Commissioner Hancock respectfully requests that you consider this revised proposal and please respond with your position in regard' to the proposal. - continued - 1998 Oclobcr 30, 1998 Page 2 As we have previously discussed, this matter is scheduled for presentation by Mr. Hancock to the Board of'County Commissioners on November I0, 1998. As always, the County wishes to thank the Attorney General's Office and the Property Owners Association for their continuing consideration of' any proposed solution to this entire matter. Sincerely, Ramiro Mafialich RM:gb Enclosures CC: David C. Weigel, County Attorney Jason H. Korn, Esq. · Thomas W. Olliff, Administrator, Public Services Commissioner Timothy L. Hancock, District//2 ....hO,':' G £'ND A/if,) ~EM 1 0 1998 C U M NII N G S &. LO C Ii~VO 0 D ' L ,.,.October. 29, 1998 · _ o ' ' '7 ;. !.' T-- ?.". ~V t~ND DELIVERY Ram~ro Manalich, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, FL 34112-4902 3001 ?¢'~ia~, T,o,I .N'o,~h B~ita Spnngs PrO. BOS 413032 F:Im ~h Nc~es. Fi~ida ~4101 Gr~n~ch 941.262-8311 Ho,t~d Fa~ 941.263-0703 New H~n .... d-i=w co~ Jason H. Korn /'dso Adm,~ed m New York and ~&=ssa:huse~s 941-649.3111, Fax 941-262-6092 ikorn~'~cMow, com PREA4RED LV COAS:ECTION IfTTH SETTLEMENT NEGOTL4TIOA'S Re: Lei.,.' Barefoot Beach Property O'.vners Association. Inc,. el al/Collier Coun~ Dear Ramiro: Enclosed please find revised proposed settlement agreements, one with the parties listed as the homeowners associations, the Count)' and ~tate, and the other only with the homeov,'ners associations and the County. The agreements are almost identical, the only difference being reference to the State and inclusion of the State as a party to the agreement. These documents are being forwarded to you with the understanding that you will be fom'arding them to the Attorney General as soon as possible. This new 'rev'sed" version of September. 1998, ',','as prepared in response to the requests of the Attorney General's representatives as set forth in Mr. Burnstein's letter of last October as ',','ell as conversations between the Attorney General's representatives and representatives of the homeowners associations over the past several months. Specifically, enclosed please find the following: 1. Revised and modified settlement agreement with all parties as signatories. This document is identified in the lower left corner as 259881.doc of 9/18/98. This Settlement Agreement was revised to delete certain conditions of the previously proposed and agreed Settlement Agreement of October, 1997 [doc #219851-I of 10/97], relating to parking, guardhouse arms, count)' park staff, and including provisions relating to an electronic sign and other matters. 2. Similar revised and modified settlement aereement. (same as above) with the Count), and homeowners associations as parties only. This document is identified in the lower left corner as 255202.doc of 9/l 8/98. No.._.//9 1998 pg.~ Ramiro ~analich, Esquire -2- October 29, 1998 PREPARED IN CON,~ECTION WITH SETTLE%lENT NEGOTIATIONS Please let me 'know if there is anything further you need. JHK/pmb Enclosures cc: Client Sincerely. ~ NOV i 8 i99B &/ SETTLEMENT AGREEblENT THIS SETTLEMENT AGREE,~IENT, ("Agreement"). is entered into this day of · 1998, between Collier County by and through the Board of County Commissioners of Collier County, Florida. a political subdivision of the State of Florida, ("County"). and Lely Barefoot Beach Property Owners' Association, Inc., a Florida corporation. ("Property Owners"). and Lely Barefoot Beach Master Association, Inc., a Florida corporation. ("Master Association"), (collecti~'ely, the Property Owners and b. laster Association may be referred to as "tlomcowncrs") (and all the panics to this agreement ma.,,' be collectively referred to as the "Panics"). WIT.NESSETII: WHEREAS, the Property Owners and Master Association are homeowners associations representing residents and associations of the kely Barefoot Beach subdivision (the "Subdivision") located in Collier Count3.'. Florida; and WHEREAS, there is a certain meandering north-south road running through the subdivision commonly kno~vn as Lely Beach Boulevard (the "Road"); and WHEREAS, Property Os~'ners o~vn the folloxving described real property comprising the northern most section of the Road: Tract R of Lely Barefoot Beach. Unit One. according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court of Collier County. Florida, in Plat Book 12. Pages 34-37, inclusi~,'c, more commonly kno~n as Lely Beach Boulevard ("Tract R"): and WHEREAS, Nlaster Association owns an equitable interest in the Road and that portion of the 13.oad beginning at the southern most point owned by Property Owners and continuing south to the Road's southern terminus; and WHEREAS, the Property Ox~'ners and/or the Nlaster Association arc thc successors in interest of Lely Development Corporation as to that certain Use/Access Agreement dated November 10, 1987 between the County and Lely Development Corporation: and Settlement Agreement 2.~ .~202 doc of 9/I g'gg Pt, ge I o fl0 255202.do¢ o~'9/I 8,~8 Page :2 of tO WHEREAS. the Count)' ov.'ns certain land lying at the southern terminus of the Road, and it controls by virtue of a lease from the State of Florida land upon which it operates Barefoot Beach Preserve Count).' Park (the "Park"): and WHEREAS, the Road leading into the Park is a privately-owned road and is the sole land-use access to Lely Barefoot Beach subdivision, a communiv,.' of privately-o~vned homes, as ~sell as the sole land-use access to the Park and State Preserve at the southern end of the Road; and WHEREAS. the Count5, and the State of Florida have easement access rights which include the Road for the public to reach the Park and the State Preserve (collectively. thc "Preserve"); and ~ HEREAS. Homeowners use the Road to access their homes and operate a Guardhouse located in the middle of the Road, approximately 252. I feet south of the pavement line of Bonita Beach Road; and WHEREAS, a controversy has developed between the Parties regarding each other's rights with respect to the location of the Guardhouse, the use'of the Road by members of the general public to access the Park, the operation of the Guardhouse. and the validly' and enforceability of various contracts; and WHEREAS, Homeowners sued the Count3.' in the pending Circuit Court Case, No. 95-0073-CA. 01, in the 20th Judicial Circuit in and for Collier Count'. Florida, seeking declaratory relief with respect to the Guardhouse location on the Road and certain documents, of public record, which establish and/or impact the public's permanent easement rights on the Road to access the public Park lands and/or to the Presen'e to the south; and WHEREAS, the State of Florida intervened in the pending Circuit Court Case, No. 95-0073-CA- 01, in the 20th Judicial Circuit in and for Collier County. Florida, against the Homeowners and the County seeking declarato~, relief with respect to the location of the Guardhouse and the public's easement rights to access the public Park lands and/or Presep.'e to the south and other claims; and WHEREAS, in the pending Circuit Court Case. No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier Count3.', Florida, Homeowners also seek injunctive relief ~vith respect to a County Code Enforcement Board CCEB") enforcement proceeding, wherein the Count3.' seeks to declare the 10 1998 ?9. Guardhouse location in violation of the controlling PUD Ordinance and thereby, to obtain the ultimate remedy, a CEB Order directing the immediate removal of the Guardhouse from the Road in Tract R, or suffer the legal consequences of impositions of fines, liens and ultimate foreclosure proceedings: and WHEREAS, in CEB Case No. 96-012, County. cited Homeowners for certain violations of the Collier Count).' Land Development Code ("LDC") (Ordinance No. 91-102. as amended), and of pUD Ordinance No. 85-83, and noticed the matter for hearing before the CEB: arid WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and CEB Case No. 96-012. the Homeowners maintain that the Guardhouse location in the middle of Road in Tract R, approximately 252, I feet south of the pavement line of Bonita Beach Road. is properly permitted by Count)' pursuant to Building Permit No. 88-734, and therefore, is la~vfully located in the Lely Barefoot Beach PUD, in compliance with Collier Count)' PUD Ordinance No. 85-83; and WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012, County maintains that: the Guardhouse location violates PUD Ordinance No. 85-83, which permits an entry gate facilit)' to be located in Tract A, not Tract R, although portions of the gatehouse/guardhouse facility complex ma)' extend over and into the road; that PUD Ordinance No. 85-83 prohibits any modification to Tract R that would interfere with access to the public Park lands to the south; and finally, that the Guardhouse ~'as constructed in Tract R pursuant to a building permit isstied in error and that therefore the Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a violation of PUD Ordinance No. 85-83: and WHERE,AS, a multiple da)' hearing was held by the CEB in this matter, in ~'hich the Parties were represented by counsel, presented evidence, examined the ~vimesses and presented their oral arguments, and thereafter, the CEB deliberated in the Sunshine, and made their oral findings of fact and conclusions of law, which subsequently were reduced to a final ~¥ritten order, dated February 27, 1997; and WHEREAS, pursuant to CEB Final Order. dated February 27, 1997, the CEB determined that the present Guardhouse location does not impede public access to thc Park lands to thc south and further, is not in violation of the LDC, and so. dismissed the charges: and WHEREAS, presently pending in the Appellate Division of the 20th Judicial Circuit is the County's Appeal of the CEB Final Order. pursuant to its time[y-filed Notice of Appeal: and WHEREAS, the Parties agree that it is in the public's best interests, as well as in the best interests of the residents of Lely Barefoot Beach, that there be an end to further litigation among the Parties by an amicable resolution of Circuit Court Case No. 95-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings; and WHEREAS. the Parties agree that PUD Ordinance 85-83, as xvelt as preceding PUD Ordinances affecting Lely Barefoot Beach, recognize and presen'e the right of the residents of Lely Barefoot Beach subdivision to security' aeainst Road entry by nauthor~zed persons or vehicles, as ~vell as the public's right to unimpeded beach access along the Road to the Park lands to the south; and WHEREAS, the Parties agree that the public desires to have unimpeded access to the Preserve through use of the Road during normal park hours, and the residents of the Lei>' Barefoot Beach subdMsion desire to prese~'e their rights to night security ~vithin the subdMsion. 't WHEREAS, the Parties are desirous of entering into this Settlement Agreement v.'hich preserves and protects the respective rights and best interests of the Parties and those the)' represent upon the terms and conditions set forth belov.'. NOW THEREFORE, IN CONSIDERATION OF THE JOINT AND MUTUAL COVENANTS CONTAINED HEREIN, AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW FROM ONE TO IHE OTHER, IHE PARTIES HERETO AGREE 10 BE BOU,'ND BY THE TERMS AND CONDITIONS AS SE/FORTH HEREIN. Senlement Agreement 255202.doc of 9/18,98 Page 4 of 10 1. Authoritv. The undersigned, executing for and on behalf of the respective Parties, are the duly authorized representatives of the respective Parties to this Settlement Ag, cei-,,e~:~jAf~lr£~ ,"-,t I ri 1998 authority and power to execute and deliver this Settlement Agreement and to bind the Panics to the terms and conditions as set forth herein. 2. Public Access Rights. Homeowners do not and shall not in the future contest or object to the rights of access of Park visitors who do not reside in the Subdivision to use the Road for ingress to and egress from the Park from 8:00 a.m. until sunset, each and every da.,, of the .'.'ear. In addition, thc County has the right to conduct sea tunic watches during nesting season outside the normal Park operating hours and use the Road for ingress to and egress from such watches. The County also has right to infrequently conduct similar outdoor nature programs outside the normal Park operating hours and use the Road for ingress to and egress from such programs. Notice of such watches and programs shall be provided by the Count.,,' to the Master Association at least forty-eight (48) hours in advance by telephone call and contemporaneous mailing ora letter. 3. Guardhouse Location. The Parties agree to ~aive, dismiss and/or release any present or future claims challenging the current Guardfiouse location, approximately 252.1 feet south of the pavement line of Bonita Beach Road, in the middle of the Road in Tract R. The Panics do not, and shall not in the future, object to or contest the rights of Homcox~ners to occupy, operate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by law. the Homeowners will obtain the appropriate Count.',' permit for improvements to the Guardhouse. ~hich ~ill not be unreasonably withheld by the Count.,,'. In consideration of the foregoing. Count).' may reasonably monitor the operation of the Guardhouse during the daylight hours ~ben the Park facilities to the south are open. in order to assure that the Guardhouse operation facilitates and assists public beach access and therefore functions as a benefit to public beach access, rather than impeding public beach access. Notxvithstanding, the Homeowners may simultaneously maintain their own personnel in the Guardhouse during open Park hours to assist, to direct, or otherwise to guard the residents of Lely Barefoot Beach and their guests. licensees, and/or invitees. 4. Guardhouse Operation. The Parties agree that at all times during open Park hours, 8:00 a.m. to sunset, the Guardhouse gate arms shall be removed in order to allow unimpeded public '~g~- NDA ITEM Settlement Agreement ~l . . 255202.doc of 9/1~/98 access to the Park lands to the south of Tract R. At no time during the Park operating hours shall any Property Owner's personnel and/or Master Association's personnel prohibit public access to the Park facilities to the south, nor be obligated in any fashion or form to assist and/or guide the public to the Park facilities to the south. Rather, County. personnel shall bear full and exclusive responsibility to assist the public in accessing the Park facilities to the south during Park operating hours. At no time shall Count)))' personnel be required to assist Lely Barefoot Beach residents, their guests, their invitees/licensees in accessing any private property ov.'ned and/or maintained by the residents of l.ely Barefoot Beach. Beach traffic shall use the western most lane asvay from the Guardhouse. This lane shall be clearly marked by signage as a lane for beach going traffic. The Parties agree that it is not an impediment to public access to the Park facilities when drivers voluntarily stop their vehicles at the Guardhouse to discuss matters with personnel stationed at the Guardhouse. The drivers will not be encouraged to actively seek stops at the Guardhouse that impede the flow of traffic. In the event Homeov, ners ins'tall an exit gate at the Guardhouse. such exit gate arms shall be removed during open Park hours. 8:00 a.m. to sunset, and remain removed until approximately one-half hour after sunset. Homeo~vners, in their sole discretion, ma)' close gates across the Road to control ingress to and egress from the Subdivision after official Park operating hours, betv,'een sunset each day and 8:00 a.m. the follo~ing da>'. The Count>' shall lock the gate at the entrance to the Park after Park operating hours in accordance with its standard operating procedure at all County Park facilities. During turtle nesting season (Ma)' I through October 31 of each >'ear) Count>' shall not be required to lock the gate at any times that would interfere with Count.,,' sea turtle nesting monitoring and protection activities. The CounD' will request (by letter), for the safety of pedestrians and Park visitors, that the Collier County Sheriff perform patrols along the road. 5. Use/Access A~.reement. Homeowners hereby unconditionally and completely release County from that certain provision in that certain Use/Access Agreement dated November 10, 1987, Senlement Agreement 255202.doc ofg/I &'9g Page 6 of 10 entered into between Count), and Lely Development Corporation. predecessor in litle h) thc real property interest in Homeowners, with respect to paragraph 8 which provides: Board agrees that standard operating procedure of recreational activities occurring on Property will include limiting the number of vehicles accessin,.2 the Properts,, to the number of actual parking spaces located on the Property. l"f parking becomes full at an,,,' time. access to Property will temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lei,,' Barefoot Beach subdivision until such time as parking spaces become availal~le. Seller, or its assigns, shall have the right to stop access to Property v, hen parking lot is full. Settlement Agreement 253202 doc of g/lB'g8 Pa~e 7 of lO 6. ~. Within 180 days of tile effective date of this Agreement. the County shall install informational signs, compatible v, ith the character of thc Subdivision. betx~een Bonita Beach Road and the Guardhouse ~hich shall be ,,isible to the public, and which shall pro,,ide information regarding access to the Lei)' Barefoot Beach Park facilities. The costs of said signage shall be borne by the Count'. The intent of such informational signage is to advise the public of the Presep,'e locations, the parking fees. and parking space availabilib'. ' There shall also be informational signs regarding the separate parking lot for Lely Barefoot Beach at the northern end of the Road, as distinguished from the parking for the Preserxe at the southern terminus of the Road. Count' agrees that in designing such informational signage Count.',' shall confer with and obtain the consent of the Homeo~vners to ensure that such signage is of similar character as is presently' installed near the entrance to Lely Barefoot Beach subdivision. ~hich consent shall not be unreasonably ~ithheld. It shall not be required that an.,,' of the signs be lighted. The precise language, location and design of the signs shall be determined by the Count>' and Master Association to this Agreement v, ithin 60 days follov, ing the date of execution of this Agreement by the Parties. Additionally. within approximateb' 180 days of the effective date of this Agreement, electronic lighted remote controlled signs shall be installed near the intersection of Bonita Beach Road and Barefoot Beach Boulevard that shall be activated by Counb. Park Rangers or Staff v.'hen the parking for the Preserve is at or near capacity. The language on the lighted signs shall read "Beach Parking Lot Full". The reasonable cost of the design and acquisition of these signs shall be borne by the Master AGENDA ITEM No.._ /O NOV I0 1998 Association. in designing such signs, the Master Association shall confer v. ith and obtain the consent of the County.. which consent shall not be unreasonably v. ithheld. The precise location and design of the signs shall be determined by the Master Association and Count)' within 60 days follo'.ving the date of execution of this Agreement by the Panics. Whenever the Presen'e parking lot is full or near capacity as determined by Count.,,' Park Staff. the Count), shall activate the electronic sign(s) to advise the public'of the status of parking spaces at the Preserve. The lack of available parking at the Preserve shall have no effect on the public's right to access the Park ,,'ia the Road during Park operating hours. 7. ,Judicial Approval of Setllement A~reement. The Parties agree that, upon full execution of this Settlement Agreement, the Parlies shall file a joint motion in Circuit Court Case No. 95-0073-CA-01 (the "Action"). '.~hereby the Parties shall jointly request the Court to enter a final order incorporating and approving this Settlement Agreement and dismissing the Action with prejudice as a full and complete resolution of all issues benveen the Parties, and to request the Court to retain jurisdiction for enforcement purposes only. 8. .Dismissals With Prejudice. The Count)' agrees to dismiss '.,,'ith prejudice its appeal against the Homeowners in CEB Case No. 96-012. Appellate Case No. 97-1055-CA (the "Appeal"), within five (5) days of the entry ora final order incorporating and appro'.'ing this Settlement Agreement in Case No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorney's fees against each other of any nature whatsoever related to the Action or Appeal. 9. Effective Date. This Agreement ',,.'ill become effective on the date on which the Court enters a Final Order incorporating and approving it. 10. Default/Breach. In the event that an.,,' Part5. Io this Settlement Agreement commits an act of default./breach of this Settlement Agreement. and such act of default/breach is waived by the non- d'~faulting/non-breaching Part>.', such waiver shall not operate, nor be construed, as a waiver of later, similar or dissimilar defaults/breaches. Upon defaul'dbreach of this Settlement Agreement by any ParD', a non-defaultin~non-breaching Para,.' shall have the option to exercise all available remedies at law and/or in equity (including, but not limited to, claims for injunctive relief and/or damages), in the Circuit ] AGEtlDA Iii 255202.do¢ ot'9/18/98 Page 8 of lO NOV 10 19 8 Court to enforce thc terms of this Agreement entered as a Final Order. Said rcmcdics at law and/or in equity shall be sought before the Circuit Court that retained jurisdiction over thc Scttlcmcn! A~rccmcnt for enforcement pu~oscs only, il. b~lOrDe~'s and Costs. The Panics agree that in thc event any l'any to this Settlement Agreement applic; to the Circuit Coun. pursuant to a motion or action for enforcement ofthis Settlement Agreement rcsuhin8 from a dcraul~reach of tl~is Settlement Agreement by th~ other Pan)', th~ prevailing Party in such proceeding shall bc awarded its reasonable and ncccssa~' attornc?s fees and costs, including appellate attomc)"s fees and costs, incttrrcd in such proceeding(s), In Ihc event thc County is the prevailing Pan)', ~he award o~ r~asonabl~ and n~ccssa~' attorney's fcc~ and cosl~ in ~hcir favor shall be computed pursuant to the fair market value o~ the a~tomcy(s) lime and services involved (as governed by applicable rules of Th~ Florida Bar and case law) and not on the basis o~ the annual sala~ oflh~ altomey(s) paid by the governmental entity, ]~, Entire AEreement. This Settlement A~r~cmcnt, consJstJn~ of Ich (10) conseculJvaly numbered pages, constitutes thc entire a~rcam¢n[ b¢~vecn thc Parties. Any amendment, modJ~cafions, and/or extension or this S¢~lement A~rccment, to bc effective and enforceable, shall b~ in wrJtin~ and officially and dub' executed by the authorized Ic~al representatives of the respective Panics. ATTEST: DWIGHT E, BROCK, CLERK Approved on behalf of counsel for the COUNTY: By:. Ramiro Mar~alich, as Chief Assistant County Attorney BOARD OF COUNT~' COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Barbara BerD', as Chairperson 2.~ ~202.do¢ Page 9 of I0 AGENDA No, NOV 1 01998 LELY BAREFOOT BEACH PROPERTY O~,t,~ER'S ASSOCIATION, INC. Witness Signature Printed Name By: Barry. DeNicola. as President Witness Signature Printed Name Approved on behalf of counsel for the HOMEOWNERS: CUMMINGS & LOCKWOOD Anomeys for Lei>' Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association, Inc. By: Jason H. Kom, Esq. as counsel LELY BAREFOOT BEACH blASTER ASSOCIATION, INC. By: James Ryan, as President By: GaD' Kinsella, as interim President Settlement Agreement 25.~202 doc of 9/lg/gg Page I0 of I0 AGENDA IT£H 1998 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, ("Agreement"). is entered into this da.,,' of ,1998, by and between Collier Count.,,' by and through the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida. ("Count.,,'"), and the Board of Trustees of the Internal Improvement Trust Fund for the State of Florida by and through Robert A. Butter~vorth in his official capacity as Attorney General for the State of Florida ("State"), and Lely Barefoot Beach Property Owners' Association, Inc., a Florida corporation, ("Property Owners"), and Lely Barefoot Beach Master Association, Inc.. a Florida corporation. ("Master Association"), (collectively, the ProperS.' Owners and Master Association may be referred to as "}-{omeo~ners") (and all the parties to this agreement may be collectively referred to as the "Parties"). WITNESSETH: WHEREAS, the Property. Owners and Master Association are homeowners associations representing residents of the Lely Barefoot Beach subdivision (the "Subdivision") located in Collier Count', Florida; and W}IEREAS. there is a certain meandering north-south road nmning through the subdivision commonly known as Lely Beach Boulevard (the "Road"): and WHEREAS. Property Ox~ners own the follox~ing described real property comprising the northern most section of the Road: Tract R of Lely Barefoot Beach, Unit One. according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court of Collier Count', Florida, in Plat Book 12, Pages 34-37, inclusive, more commonly known as Lely Beach Boulevard ("Tract R"); and Settlement ^greemcn! 259881 .doc of 9/18/9g Page I of l0 AGENDA No. {~,/'t' NOV 10 1998 _ WHEREAS, Master Association o~vns that portion of the Road beginning at the southern most point owned by Property Owners and continuing south to the Road's southern terminus; and \VHEREAS. the Property Owners and or the Master Association are the successors in interest of Lely Development Corporation as to that certain Use/Access Agreement dated November 10, 1987 between the Count2..' and Lei.,,' Development Corporation: and WHEREAS, the County. owns outright certain land lying at the southern terminus of the Road, and it controls by virtue of a lease from the State of Florida land upon xshich it operates Barefoot Beach Preserve Count).' Park (the "Park"); and WHEREAS, the Road leading into the Park is a privately-owned road and is the sole land-use access to Lely Barefoot Beach subdivision, a community of privately-oxvned homes, as well as the sole land-use access to the Park and State Presen'e at the southern end ofthe Road: and WHEREAS, the County and the State of Florida have easement access rights which include the Road for the public to reach the Park and the Stat~ Preserve (collectively. the "Prese~'e"); and WHEREAS, Homeowners use the Road to access their homes and operate a Guardhouse located in the middle of the Road, approximately 252.1 feet south of the pavement line of Bonita Beach Road; and WHEREAS, a controversy has developed between the Parties regarding each other's rights with respect to the location of the Guardhouse, the use of the Road by members of the general public to access the Park, the operation of the Guardhouse. and the validity and enforceability of various contracts; and WHEREAS. Homeowners sued the County in the pending Circuit Court Case. No. 95-0073-CA- 01, in the 20th Judicial Circuit in and for Collier County, Florida, seeking declaratory relief with respect to the Guardhouse location on the Road and certain documents, of public record, which establish and/or impact the public's permanent easement rights on the Road to access the public Park lands and/or to the Prese~'e to the south; and WHEREAS, the State intervened in the pending Circuit Courl Case. No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier Ce'tory, Florida, against the Homeowners andt:.u.e Ceu2_'-., _~,~,.t.h,g AGE)4DA ITEM Sctflcm:nI A~r¢¢mcnt ~ 2.~ggSl.,:locorg/is.'98 '~ J~OV I0 19[J8 Pa.e: 2 of I0 ~ ~,r~. 73 declaratory relief with respect to the location of thc Guardhouse and the pt,blic's easement rights to access the public Park lands and/or Presene to the south and other claims: and \\'HEREAS. in the pending Circuit Court Case. No. 95-0073-CA-01. in the 20th Judicial Circuit in and for Collier CounD', Florida. Homeowners also seek injunctive relief xvith respect to a Count.,.' Code Enforcement Board ("CEB") enforcement proceeding, x~herein the Count.',' seeks to declare the Guardhouse location in violation of the controlling PUD Ordinance and thereby, to obtain the ultimate remedy, a CEB Order directing the immediate removal of the Guardhouse from the Road in Tract R, or suffer the legal consequences of impositions of fines, liens and ultimate foreclosure proceedings: and WHEREAS. in CEB Case No. 96-012. County cited }tom..'ox~ners for certain violations of the Collier County Land Development Code ("LDC") (Ordinance No. 91-102. as nmended), and of PUD Ordinance No. 85-83. and not~ced the matter for bearing before the CEB: and WHEREAS. in Circuit Court Case No. 95-0073-CA-01 and CEB Case No. 96-012. the Homeowners maintain that the Guardhouse Ioca'tion in the middle of Road in Tract R, approximately 252.1 feet south of the pavement line of Bonita Beach Road. is properly' permitted by County pursuant to Building Permit No. 88-734, and therefore, is la~fully located in thc Lei,,,' Barefoot Beach PUD, in compliance with Collier Count.,.' PUD Ordinance No. 85-83: and \VHEREAS. in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012. County maintains that: the Guardhouse location violates PUD Ordinance No. 85-83. x~hich permits an ento' gate I: facility to be located in Tract A. not Tract R. although portions of the gatehouse/guardhouse facility complex ma.,.' extend over and into the road: that PUD Ordinance No. 85-83 prohibits any modification to Tract R that wot, ld interfere with access to the public Park lands to the south: and finally, that the Guardhouse was constructed in Tract R pursuant to a building permit issued in error and that therefore the Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a violation of PUD Ordinance No. 85-83; and WHEREAS, a multiple da.,,' hearing was held by the CEB in this matter, in which the Parties were represented bv counsel, presented evidence, examined the ~itncsses and preset, od lh~'{r nr=l Selllement Agreement ~ :mg o, org =, s ! NOV 10 1998 I Page 3 of I0 I arguments, and thereafter, the CEB deliberated in the Sunshine. and made their oral findings of fact and conclusions of law. which subsequently were reduced to a final ~'rittcn order, dated Februa~' 27. 1997; and WHEREAS. pursuant to CEB Final Order. dated Februar}' 27. 1997. the CEB determined that the present Guardhouse location does not impede public access to tile Park lands to the south and further, is not in violation of the LDC, and so, dismissed thc charges: and WHEREAS, presently pending in the Appellate Division of the 20th Judicial Circuit is the County's Appeal of the CEB Final Order, pursuant to its timely-filed Notice of Appeal: and WHEREAS, the Parties agree that it is in the public's best interests, as ',~ell as in the best interests of the residents of Lely Barefoot Beach, that there be an end to further litigation among the Parties by an amicable resolution of Circuit Court Case No. 95-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings; and · WHEREAS, the Parties agree that PUD Ordinance 85-83. as well as preceding PUD Ordinances affecting Lely Barefoot Beach, recognize and preserx'e the right of the residents of Lely Barefoot Beach subdivision to securiD' against Road entr2,.' by unauthorized persons or vehicles, as well as the public's right to unimpeded beach access along the Road to the Park lands to tl~e south: and WHEREAS, the Parties agree that the public desires to have unimpeded access to the Preserve through use of the Road during normal park hours, and the residents of thc [.el',' Barefoot Beach subdivision desire to preserve their rights to night security within the subdivision. WHEREAS, the Panics are desirous of entering into this Settlement Agreement which preserves and protects the respective rights and best interests of tile Parties and those they represent upon the terms and conditions set forth below. NOW THEREFORE, IN CONSIDERATION OF THE JOINT AND MUTUAL COVENANTS CONTAINED HEREIN, AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW AGENDA ~.TEM NO._/~) Senlement Agreement NOV 10 1998 Page 4 of I0 I FROM ONE 'l"O TIlE OTI'IER. THE PARTIES ttERETO AGREE TO P,E BOUND BY TIlE TERMS AND CONDITIONS AS SET FORTH HEREIN. I. Authority'. The undersigned, executing for and on behalf of tile respective Parties, are the duly authorized representatives of the respective Panics to this Settlement Agreement with full authoriw and power to execute and deliver this Settlement Agreement and to bind the Parties Io the ten'ns and conditions as set fo~h herein. 2. Public Access Rights. Homeowners do not and shall not in ttle future contest or object to the rights of access of Park visitors who do not reside in lhe Subdi'~ ision to use the Road for ingress to and egress from the Park from 8:00 a.m. until sunset, each and e',eU' day of tile .~ear. In addition, the Count>.' has the right to conduct sea tunic watches during nesting season outside the normal Park operating hours and use the Road for ingress to and egress from such ,,~atches. Tile County also has the right Io infrequently conduct similar outdoor nature programs outside tile normal Park operating hours and use the Road for ingress to and egress from 'such programs. Notice of such watches and programs shall be provided by the Count>,.' to the Master Association at least forLv-eight (48) hours in advance by telephone call and contemporaneous mailing ora lener. 3. Guardhouse Location. The Panics agree to ~vaixe. dismiss and/or release any present or future claims challenging the current Guardhouse location, approximately' 252.1 feet south of the pavement line of Bonita Beach Road. in the middle of the Road in Tract R. 'File Parties do not, and shall not in the future, object to or contest the rights of Ilomeo~ners to occupy, operate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by lax~. tile Homeoxvners x~ill obtain the appropriate County' permit for improvements to the Guardhouse. which will not be unreasonably withheld by the County'. In consideration of the foregoing. County may reasonably monitor the operation o'~' the Guardi~ouse during the da.vlight hours when the Park facilitits to the south are open, in order to assure that the Guardhouse operation facilitates and assists public beach access and therefore functions as a benefit to public beach access, rather than impeding public beach access. Notv,'ithstanding. the Homeowners may' simultaneously maintain their own personnel in the Guardhous~ Settlement Agreement Page ~ or I0 hours to :'.;sist, to direct, or othem,'ise to guard the residents of Lei,.' Barefoot Beach and their guests. licensees, and/or invitees. 4. Guardhouse Operation. The Parties agree that at all times during open Park hours, 8:00 a.m. to sunset, the Guardhouse gate arms shall be removed in order to allow unimpeded public access to the Park lands to the south of Tract R. At no time during the Park operating hours shall an.,,' Property Owner's personnel and/or Master Association's personnel prohibit public access to the Park facilities to the south, nor be obligated in any fashion or form to assist and/or guide the public to the Park facilities to thc south. Rather, County personnel shall bear full and exclusive responsibility to assist the public in accessing the Park facilities to the south during Park operating hours. At no time shall County personnel be required to assist Lely Barefoot Beach residents, their guests, their invitees/licensees in accessing any private property owned and/or maintained by the residents of kely Barefoot Beach. Beach traffic shall use the western most lane away from thc Guardhouse. This lane shall be clearly marked by signage as a lane for beach going traffic. The Parties agree that it is not an impediment to public access to the Park facilities ~'hen drivers voluntarily stop their vehicles at the Guardhouse to discuss matters with personnel stationed at the Guardhouse. The drivers will not be encouraged to actively seek stops at the Guardhouse that impede the flow of traffic. In the event Homeox~ners install an exit gate at the Guardhouse. such exit gate arms shall be removed during open Park hours, 8:00 a.m. to sunset, and remain removed until approximately one-half hour after sunset· l-tomeo~vners, in their sole discretion, ma,,' close gates across the Road to control ingress to and egress from the Subdivision after official ['ark operating hours, betv,'cen sunset each day and 8:00 a.m. the follo~ing da.,.'. The County shall lock the gate at the entrance to the Park after Park operating hours in accordance with its standard operating procedure at all Count2,.' Park f~icilities..During turtle nesting season (May I through October 31 of each year) Count),' shall not be required to lock the gate at any times that would interfere with Count.,,' sea turtle nesting monitoring and protection activities. Settlement Agreement 259881 .doc o/'9/I 8/98 Page 6 of I 0 AGENDA ITEPI _ N0V 1 0 1998 '7'7 Tile Count)' will request (by letter), for the safer)' of pedestrians and Park visitors, that the Collier County Sheriff perform patrols along the road. 5. Use/Access A~reement. Homeox~ncrs hereby unconditionally and completely release Use, Access Agreement dated November 10, 1987, County from that certain provision in that certain ' ' entered into bev, veen Count3' and Lely Dc,,clopmcnt Corporation. predecessor in title to thc real property interest in Homeowners, with respect to paragraph 8 which provides: Board agrees that standard operating procedure of recreational activities occurring on Property will include limiting the number of vehicles accessing thc ProperLy to thc number of actual parking spaces located on tile Property. If parking becomes full at any time. access to Property will temporarily be closed at thc intersection of Bonita Beach Road at tile entrance to l.cl)' Barefoot Beach subdivision until such time as parking spaces become available. Seller. or its assigns, shall have the right to stop access to Pro?erLv when parking lot is full. 6. Siona~,e. Within 180 days of the effective date of this Agreement. the Count)' shall install informational signs, compatible with the' character of the Subdivision, between Bonita Beach Road and the Guardhouse which shall be visible to the public, and which shall provide information regarding access to the Lely Barefoot Beach Park facilities. The costs of said signage shall be borne by the County. The intent of such informational signage is to advise the public of the Preserve locations, the parking fees, and parking space availability. There shall also be informational signs regarding tile separate parking lot for /.ely Barefoot Beach at the norfl~ern end of the Road. as distinguished from thc parking For the Preserve at the southern terminus of the Road. County agrees that in designing such infom~ational signage Count)' shall confer with and obtain the consent of thc lkm~eowners to ensure that such signagc is of similar character as is presently installed near the entrance to Lely Barefoot Beach subdivision, which consent shall not be unreasonably v,'ithheld. It shall not be required that an.',' of the signs be lighted. The precise language, location and design of the signs shall be determined by the Count3' and Master Association to this ScIclcmcnc Agreement 2598RI.doe of 9,'18,'t)8 Page 7 of I 0 Agreement within 60 days following the date of execution of this Agreement by the Parties. NOV 10 1998,, Additionally, within approximately 180 days of' the effective date of this Agreement, electronic lighted remote controlled signs shall be installed near the inlersection of Bonita Beach Road and Barefoot Beach Boulevard that shall be acti`,ate'd by County Park Rangers or Staff ,xhen the parking for the Preserve is at or near capacity. ]'he language on tile lighted signs shall read "Beach Parking Lot Full". The reasonable cost of the design and acquisition of these signs shall be borne by the Master Association. In designing such signs, the Master Association shall confer with and obtain the consent of the Count).', v, hich consent shall not be unreasonably withheld. The precise location and design of the signs shall be determined b>' the Master Association and Count,,. within 60 days following the date of execution of this Agreement by the Panics. Whenever the Prescrse parking lot is full or near capacity as determined by Count>' Park Staff. the Counts' shall activate the electronic sign(s) to ads ise thc public of the status of parking spaces at the Preserve. The lack of available parking at the Prescrxe shall have no effect on the public's right to access the Park ,,'ia the Road during Park operating hours. 7, .Iudicial Approval of Settlement A-_reement. The Parties agree that, upon full execution of this Settlement Agreement, the Parties shall file a joint motion in Circuit Court Case No. 95-0073-CA-01 (the "Action"), whereby the Parties shall jointly request the Court to enter a final order incorporating and approving this Seulement Agreement and dismissing the Action with prejudice as a full and complete resolution of all issues bets,.ecn the Panics. and to request the Court to retain .jurisdiction for enforcement purposes only. 8. Dismissals With l'reiudice. The County agrees to dismiss v. ith prejudice its appeal against the Homeov.'ncrs in CEB Case No. 96-012. Appellate Case No. 97-1055-CA (the "Appeal"). within five (5) days of the eats' of a final order incorporating and approving this Settlement Agreement in Case No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorney's fees against e~ich other of any nature whatsoever related to the Action or Appeal. 9. Effective Date. This Agreement will become effective on the date on `,','hich the Court enters a Final Order incorporating and approving it. SetlJement Agreement 259981.do¢ or 9/18,'98 Page 8 of 10 AGEND~ ITEM NO.-=~_Z~ NOV ! 0 10. Def:,ult/Breach. In the event that an,,' Pan), to this Settlement Agreement commits an act of default./breach of this Settlement Agreement, and such act of de£aulLfbreach is waived by the non- defaulting/non-breaching Party, such waiver shall not operate, nor be construed, as a waiver of later, similar or dissimilar defaults/breaches. Upon default/breach of this Settlement Agreement by an)' Party. a non-defauhin~/non-breaching Party shall have tile option to exercise all available remedies at law and/or in equity (including, but not limited to, claims for injunctive relief and/or damages), in the Circuit Court to enforce tile terms of this Agreement entered as a Final Order. Said remedies at law and/or in equity shall be sought before the Circuit Court that retained jurisdiction over Ihe Settlement Agreement for enforcement purposes only. II. Attornev's Fees and Costs. lhe Parties agree that in the event any Party to this Seulement Agreement applies to the Circuit Court, pursuant to a motion or action for enforcement of this Settlement Agreement resulting from a defaulffbrcach of this Settlement Agreement by the other Party, the prevailing PaR. in such proceeding shall be a~vardcd its reasonable and necessaD. attorney's fees and costs, including appellate attorney's fees and costs, incurred in such proceeding(s). In the event the Count)' or State is the prevailing Part2:', the award of reasonable and necessar2..' attorney's fees and costs in their favor shall be computed pursuant to the fair market value of the attorney(s) time and services involved (as governed by applicable rules of The Florida Bar and case lax`.') and not on the basis of the annual salaD, of the attorney(s) paid by the govemmental entity. 12. Entire A~reement. This Settlement Agreement. consisting of ten (10) consecutively numbered pages, constitutes the entire agreement bet`.veen lhe Parties. An,,' amendment, modifications, and/or extension of this Settlement Agreement. to be effective and enforceable, shall be in x~riting and officially and duly executed by the authorized legal representatives of the respective Parties. ATTEST: DWIGHT E. BROCK, CLERK Settlemenl Agreement 2598gl .doc of 9/18,99 Page 9 of lO BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~'TY. FLORIDA By: Barbara BerD.. as Chairperson AGENDA ITEM .o.../0_/]- NOV 10 1998 ~,g. ~0 Approved on behalf of counsel for the COUNTY: By: Ramiro Mafialich, as Chief Assistant Count5.. Artomey THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FOR THE STATE OF FLORIDA Witness Signature Printed Name By: Robert Butterworth in his official capacity as Attomev General for the State of Florida Witness Signature Printed Name LELY BAREFOOT BEACH PROPERTY O~3,~ER'S ASSOCIATION. INC. By: Bart} DeNicola. as President LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. Witness Signature Printed Name Approved by counsel for the HOMEOVv,~ERS: By: James Ryan. as President GaD' Kinsella, as interim President CUMMINGS & LOCKWOOD Anomeys for Lely Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association, Inc. By: Jason H. Kom, Esq. as counsel Setllement Agreement 25958 l.doc ofg/l 8/98 Page I 0 of I 0 AGEI~DA ITEM No. /tP/k NOV 1 0 lgg8 .! EXECUTIVE SUMMARY PETITION PUD-98-11, MR. ROBERT DUANE. AICP, OF HOLE. MON'FES AND ASSOCIATES, INC., REPRESENTING STEVE HOUSTON, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNO~,~I AS TAMI,,SuMII PROFESSIONAL CENTER PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH (US-41) ON THE SOUTH 200 FEET OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COIJN'FY, FI.ORIDA. OBJECTIVE: This petition seeks to have certain property rezoned from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Tamiami Professional Center PUD which will consist &retail and office uses on Parcels I and II and on tract III ,,,,'ill be an Assisted Living Facility. ~ CONSIDERATIONS: The subject site is approximately 11.6 acres in size. of which 3 tracts (i, II, & III) have been established to provide for a mix ofretail and office uses while an Assisted Living Facility is proposed for Tract III. Tracts Il and III are separated by a 2.31 acre conservation area while thc buffer area and road right-of-, way comprises 2.89 acres. A second conservation area is located along thc southern property line3 within Tract III. This conservation area is required in order to preserve the oxbow of Horse Creek. The PUD document allows up to 15,000 square feet of C-1/T and C-2 type uses, excluding homeless shelters, soup kitchens, gasoline sen'ice stations, and drive-in and fast-food restaurants on Tract I. Tract II will alloy,' 25,000 square feet of C-lIT office uses only. The subjecl property has 200 feet of frontage on U.S. 41 and is approximately 2,520 feet in depth. Access will be provided from U.S. 41 along the southern property line (Tract "R"). A shared access is also proposed with thc adjacent property to the north, which is predicated upon approval of reciprocal easements with the adjacent: property owner. Shared access will proviclc the subject site access to a mcctian opening onto U.S. 41. The subject PUD proposes to allow C-I/T uses on Tracts I & II utihzing the Commercial Under! Criteria provision contained in the Future Land Usc Element (FLUE) of thc Growth Management Plan. The site is currently designated Urban Mixed Usc, Urban Residential on thc FLUE. A description Ofr~ Urban Mixed Use District in the FLUE advises that residential uses arc permitted along with certain industrial and commercial uses. The C-I/T commercial uses arc allowed in the Urban Residential Sub-: district subject to the Commercial Under Criteha as contained in the FLUE. The currently approved Commercial Under Criteria applies to sites that arc located outside of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. Uses that meet the intent of the C-I/T Commercial Professional/Transitional District are only required to be bounded on one side by improved commercial property or consistent commercial zoning. It should be noted that on October 28, 1997 the Board of County Commissioners approved amendments Management Plan, based upon the Evaluation and Appraisal Report (EAR) that includ td rev~s~ the Future Land Use Element. The language of the Office and In-fill Commercial Sub. Jistrict, which; NOV 1 0 1998 essentially replaces the Comnlercial Under Criteria provision are noted in tile staff report. Since the subject site abuts C-3 zoning on one side, stalTs analysis indicates that thc proposed rezone is consistent with the "C- I "T Commercial Under Criteria as noted above. In addition, this petition is also consistent with the EAR-based amendments to thc Office and In-fill Commercial Sub-district, however, on December 24, 1997 the EAR-based amendments to the FLUE ,.,.'ere found to be "not in compliance" by the Department of Community Affairs (DCA). Ahhouuh. thc DCA did not take issue with the revised language created for the Offfce and In-fill Commcrc~fl Sub-district as noted above. Since the compliance issue for thc EAR-based Amendments have not been resolved at this time, the Office and In-fill Commercial Sub-district language is not in effect. As a result. Section 5.2 of the PUD document provides language that prohibits the development of retail (C-2) uses. authorized in Section 5.3 for Tract I, until such time as the Future Land Usc Element of the Growth Management Plan providing for the Office and In-fill Commercial Sub-district is in effect. Therefore. the BCC must find this petition consistent with thc existing Commercial Under Criteria for tile approval of this petition. The Traffic Impact Statement (TLS) estimates tile site generated trips to bc approximately 1,625 average weekday trip ends. These trips will not exceed 5 percent of thc I.OS "C" dcsiun volume on US-41 or lower thc capacity below any roads adopted LOS "D" standard. Traffic Circul~tion Element (TCE) lists Tamiami Trail (US-41) as a 4 lane arterial road. Thc current traffic count for this segment is 24,326 AADT which results in LOS "D". It should be noted that a proposed road widening project to 6 lane this segment of US-41 is scheduled for completion by 1999 2000. Therefore. this project meets the County's concurrency requirement and is consistent with thc standards referenced in Policy 1.4, 5. I, and 5.2 ofthe TCE ortho GMP. It should be noted that tile subject site is a lefiovcr strip of hind located bctv,'ccn tile Imperial West PUD and the Collier Tract 22 PUD. Because of thc unusual proper'tv dimensions {200 feet wide by 2,520 feet deep), the layout of the Master Plan has been designed to'conlbrm with thc adjacent land uses as much as possible. Thc PUD Master Plan provides 4 primaD' land usc parcels on-site. This includes a 1.97 acre commercial tract along US-41.5.52 acre ALF usc on Tract lit, and a 2.52 acre conservation area. The purpose for each parcel is to provide a transition between land uses. Thc commercial retail and office uses arc a logical extension of thc e×istinu C-3 commercial zoning to the north based on thc property size and configuration. Thc commercial t~acls m not exceed thc depth of the adjacent C-3 zoned properties. Thc Master Plan also provides a 15 foot buffer instead of thc LDC required 10 foot deep buffer to soften the transition between land uses of adjacent properties. In addition, betv,'ccn thc adjacent lake to the north, Horse Creek to the south, and the FP&L easement to the east, there is sufficient separation provided to maintain compatibility with adjacent properties. In addition, the ALF structures are limited to a maxirnum height of l stor).', which is similar in height or less than the abutting residential zoning districts. The commercial structures within the commercial tract are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards include a maximum height of three stories or 35 feet for the commercial component and one story for the ALF component of the project. Setbacks for the commercial structures are 15 feet from the side property lines while the front yard setback from US-41 is 60 feet. The ALF setbacks require a minimum of 15 feet from the internal road and 25 feet from the side yards and perimeter boundaD,. NOV I 0 1998 I%. ~ The Collier County Planning Commission reviewed ttris petition during their public hearing on October 1, 1998. By a vote of 9 to 0. they fonvarded Petition PUD-98-11 to the Board of County Commissioners with a recommendation of approval subject to the lbllo~ving conditions: !) Reducing the maximum height of the Adult Living Facilil.y structures in Tract III from two stories to one story; 2) Upgrade the buffer requirement betxveen commercial uses from a Type A buffer to a Type "B' buffer that provides 80 percent opacity within one year and six feet in height; 3) A temporary construction fence shall be provided around Tract III during construction. Once the site is filled, a privacy wall shall be provided at the time of construction of buildings along the north and east property lines of Tract III; and 4) Any street lighting located along the internal road shall be shielded from the adjacent properties. It should be noted that one person spoke in opposition during the public hearine. She requested that thc site remain in agricultural usc. Since staff has also received tv,'o letters attached) in opposition to this request, this petition can't be placed on thc summary agenda. Lastly,' another person spoke concerning tire heighl of the proposed AI.F structures and lighting concerns. These issues ,,,,'ere resolved as stipulations as noted above. FISCAl. IMPACT: This petition by and of itself will have no fiscal impact on tire County. However, if this amendment achieves its objective, the lancl will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The Count2,. collects impact fees prior to the issuance of building permits to help o'ff-set tire impact of each new development on public facilities. These impact fees are used to fund projects in thc Capital Improvement Element needed to maintain adopted levels of service for public facilities. In thc event that impact fee collections are inadequate to maintain adopted levels of sen'ice, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH .MANAGEMENT IMPACT: The subject property is located within the Urban (Urban - Mixed usc District. Urban) designated area which provides for residential development along with certain industrial and commercial uses. The proposed C-I/T commercial uses are consistent with the approved Commercial Under Criteria. This petition also complies with the Office and In-fill Commercial Sub-district language when this EAR- based amendments are ratified. Therefore this petition is fully consistent with thc FLUE to the GMP. Inasmuch as the use of the subject propcr~y will not lower tire level of service below adopted standards, there should be no impact orr level of sen'ice relationships. Appropriate stipulations to be included in the PUD will ensure that Land Development Code requirements will be made applicable to the development of the subject property, particularly as this relates to native vegetation retention. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-98-11, being an application to rezone certain property from "A" Rural Agriculture to "PUD" subject to the conditions of approval that have been incorporated into the PUD document and attached in th, Ordinance of Adoption and made a part of this executive summary. NOV I 0 1998 3 PREPARED BY: WED Y ~(fA'L D~ O ~ XICOM ASA GER CU~ENT PLANNING SECTION PLA~ING SERVICES DEPARTMENT VINCEN~ A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-11/EX SUMMA RY/RVB/rb DATE DATE ./o. ;,~ DATE ATE ~ AGENDA ITEM NOV 1 0 19918 MESIORANDU~Xl AGENDA ITEM 7F TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMI!NT AND EN\ IRONMENTAL SERVICES SEPTEMBER 16, 1998 PETITION NO: PUD-98-1 I. T..\MIAMI PROFESSIONAl. CENTER PUD OWNER/AGENT: Agent: Mr. Robert Duane. AICP Hole, Montes & Associates, Inc. 710 10'h Street South Naples. Florida 34102 Owner: Steve Houston 1369 S. Dov,'nev street Denver. Colorado 80210 Thomas M. Taylor, President (Contract Purchaser) 710 10a' Street South Naples, Florida 34102 RE-QUESTED ACTION'; This petition seeks to have the herein described lanct rczoned /?om its current classification of'"A" Agr/cultural to "PUD" Planned Unit Development to be known as Tam/ami Professional Center. GEOGR4PHIC I.OCATION; The property is located on the east side of the Tamiami Trail North (US-41) on the south 200 feet of Section 15, Township 48 South, Range 25 East (See location map on following page). PURPOSE/DESCRIPTiON OF PROJECT; The Tamiami Professional Center PUD encompasses a land area of approximately 11.6 acres, of which 3 tracts (I, II, & lid have been established to provide for a mix of retail and office uses while an Assisted Living Facility is proposed for Tract III. The commercial retail component of the project comprises 0.91 acres on Tract I while office uses are limited to 1.06 acres on Tract II. The 5.52 acre Assisted Living Facility is located on Tract III. Lastly, Tracts II and III are separate( conservation area while the buffer area and road right-of-way comprises 2.89 ac 1 · A sec~Vd'dS~dr NOV 1 0 '1998 NO NOV ! 1998 conservation area is located along the southern property line south of Tract Ill on .22 acres. This conservation area is required in order t<) preserve the oxhov,' t)f~lorsc (.'reek. The PUD document allows up to 15,000 square feet of C-l,T and C-2 t.,q~e uses, excluding homeless shelters, soup kitchens, gasoline service stations, and dr/vt-in and fast-fi~od restaurants on Tract II Tract 1I will allow 25.000 square feet of C-liT office uses as noted above. The subject properly hasl 200 feet of frontage on U.S. 41 and is approximately 2.520 feet in depth. Access '.','ill be provided' from U.S. 41 along the southern property line (Tract "R"). A shared access is also proposed with th6 adjacent property to the north, which is predicated upon approval of reciprocal easements with th~ adjacent property owner. Shared access will provide tile subject site access to a median opening onto! U.S. 41. SURROUNDING LAND USE AND ZONINGi Existing: Thc subjcct propcrty is currcntly undcvclopcd and is infestcd with exotic vegetation. The site is also zoned "A" .Agriculture. Surroundinu. North lqast - South - To the north along US-41 are existing C-3 zoned properties. The site' abuts retail uses that arc under construction and a site that includes an: existing .Assisted Living Facility. To thc northeast lies the Imper/al.] West PUD which is developed with a mix of multi-family and zeroI lot line dwelling units. The approved density for this development is!I 4.98 units per acre. ,.~ The abutting property to the east is an FPL easement. The proper~yl also zoned Imperial West PUD. '; A portion of thc Collier's Reserve golf course (Collier Tract 22 PUD)i lies to the south of Tract I and II. To the south of Tract III are seven undeveloped single family tots. These lots arc separated from the proposed PUD by Horse Creek. This creek meanders along the southern edge of the subject site. ',Vest- To thc '.'.'cst is US-41, a 4 lane arterial road fronting the project. Across US-41 is undeveloped land that is zoned Agricultural. GROWTH MANAGEMENT PI.AN CONSISTENCY: All of the subject property is located within the Urban Mixed Use - Urban Residential Sub-district on the Future Land Use Map to the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Elemcrll - The subject PUD proposes to allow C-I/T uses on Tracts I & II utilizing the Commercial Under Criteria provision contained in tile Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Urban Mixed Use. Urbm the FLUE. A description of Urban Mixed Use'District in the FLUE advises that resi 2 ~entml usi:s ~_fe - NOV i 0 1998 ~P,3. ~ permitted along with certain industrial and commercial uses. The C-I 'T commercial uses are allowed in the Urban Residential Sub-district subject to tile Commercial Under Criteria as contained in the FLUE. The currently approved Commercial Under Criteria applies to sites that are located outside of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. For the purposes of this commercial under criteria provision. "bounded on both sides" may include an intervening street. The other applicable criteria includes the following: I) The property should not exceed 200 feet in width, although the width may be t,,reater at the discretion of the Board of County Commissioners: 2) The site has frontaue on an arterial road; 3) The site is located in an area generally commercial in character: 4) The ~i'epth of the site does not exceed the depth of the adjacent commercial property along the arterial road: 5) The proposed use must not generate in: excess of 5 percent of the level of service "C" desiun capacity on abutting streets that provide access; and 6) The proposed use must not exceed a floor area of 25,0'00 square feet. Uses that meet the intent of the C-IFF Commercial Pro£essional,'Transitional District are only required to be bounded on on~. side by improved commercial property or consistent commercial zonint~. It should be noted that on October 28. 1997 the Board of County Commissioners appro,,,eff~ amendments to the Growth .Management Plan. based upon the E'.'aluation and Appraisal Report (EAR) that included revisions to the Future Land Use Element. The language of the Office and In-fill Commercial Sub-district. which essentially replaces the Comn~ercial Under Criteria provision' includes the following changes: 1) For the purposes of this Sub-district. "abuts" and "abutting" excludes intervening public street or right-of-,.`.'av, except for an interYenin~z local street: 2) The site abuts a road classified as an arterial or collector as identified on the Future Traffic Circulation Map; 3) The site utilized for commercial is 12 acres or tess: 4) At the time of development, the project will be sen'ed bv central public water and sewer: and 5) The elimination of the provisions that the proposed use must not generate in excess of five percent of the level of sen'ice "C" design capacity on abutting streets and the proposed use mtlS111oi exceed a floor area of 25.000 square feet. Since the subject site abuts C-3 zoning on one side. staff's analysis indicates that the proposed rezone is consistent with the "C-I,'T Commercial Under Criteria as noted above. In addition, this petition is also consistent with the EAR-based amendments to the Office and In-fill Commercial Sub-district as follows: 1) There are no inter`.'ening streets: 2) The site abuts US-41 which is an arterial road; 3) The commercial Tracts are less than 12 acres in size: 4) The site ,.,.'ill be sen'ed bv water and sewer; and 5) The depth of the requested commercial does not exceed the depth of the abutting commercial C-3 parcels to the north. However. on December 24. 1997 thc EA.R-based amendments to the FLUE were found to be "not in compliance" bv the Department of Communit,~' Affairs {DCA). Although, the DCA did not take issue xvith thc revised lantzuat~e created Ibr the Ofhce and In-fill Commercial Sub- district as noted above. Since thc compliance issue for the EAR-based ,Amendments have not been resolved at this time. the Office and In-fill Commercial Sub-district language is not in effect. It should be noted that Section 5.2 of the PUD document provides language that prohibits the development of retail (C-2) uses. authorized in Section 5.3 for Tract I. until such time as the Future Land Use Element of the Growth Management Plan providing for the Office and In-fill Commercial Sub-district is in effect. Therefore, the Bce must find this petition consistent with the existing Commercial Under Criteria for the approval of this petition. Traffic Circulation Element - The Traffic Impact Statement estimates the site generated trips to be approximately 1,625 average weekday trip. The highest Peak Hour Trips are approximately 165 trips. These trips will not exceed 5'!/o of th~ LOS "C" design volume on US-41 after trip as{;~gnnl?,m~,r.,~ljJ~ adjustments are made. Furthermore. the site uenerated trips will not create a concu~ency pr~ within the projects radius of development influence IRDI} because the project trips don't lower the capacity below any road's adopted LOS "D" standard. The proposed PUD rezone ',','ill not create or excessively increase tr~fllc congest,ion on the arterial road system at built-out and complies wit,b Policies 1.3.1.4, 5.1.5._. 7.2 and 7..~ of'the TCE. ' The Traffic Circulation Element ['FCJE) lists US-41 North as a 4 lane arterial road. The current traffi~ count for this segment fronting the project is'24.326 AADT which results in LOS "D. It should be noted that a proposed road widening project to 6 lane this segment US-41 is scheduled for completion by 1999/2000. Therefore. this project meets the County's concurrency requirement and is consistenl with the standards referenced in Policy 1.4 of the TCE o'fthe GMP. Open Space Element, - The total open space (3.87 acres) and the open space that each individu!l development parcel sets aside as a function of complying with setbacks, water management and design features exceeds the thirty f30) percent required by the LDC. Staff is confident that this project as designed is consistent with tile open space element. Other Applicable Elemcnt/sJ - These include utilities and v,'ater management. Development of the land will proceed on the basis of connecticm to tl~e Cotmty's sewer and water distribution system. Once these utility lines arc completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as required bv County Ordinances. Water management facilities will be constructed to meet Count',,' Ordinances ,~nd these will be revicv,,ed and approved as a sanction of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this clement ofthe GMP. ' HISTORIC/ARCttAEOI.OGICAL IMPACT; Staff's analysis indicates that the petitioner's proper'tv is located within an area of historical andi archaeological probability as referenced on the officiai Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is required. Due to the existing development on all sides of thc site. a waiver from conducting a sun'ev and assessment was issued. Therefore, Section 2.2.25.8.1 ol' thc Land Development Code requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development w/thin the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRO,N3IE?;TAL. TRANSPORTATIO~N AND INFRASTRUCTURE i The subject petition has been reviewed by thc appropriate staff responsible for oversight related to the', above referenced areas of critical concern. This primarily includes a review by the Communityt Development Environmental and Engineering staff, and the Transportation Department staff'. The~ subject site consists of 1.8 acres of wetlands and 9.6 acres of uplands. Two Conservation Areasl comprising 2.53 acres or 22 percent of the site has been provided. Therefore this petition wasI reviewed by the EAB on September 2. 1998. The EAB recommended that a conservation easement shall be placed over the preset'es and recorded on the plat with protective covenants. Other approval stipulations from these reviewing agencies are contained within the PUD document. ~,~o~y,/~ 4 1998 ANALYSIS; Staff completed a comprehensive evaluation of this land usc petition and the criteria on ~vhich favorable determination must be based. This evaluation is intended to provide an objective. comprehensive overview of the impact of the proposed land use chanue._ be they positive or negative. culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of thc Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation o,f approval or denial by the Planning Commission to the BCC. Each of the potential impacts considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con. whichever thc case may, be. in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed a~ separate documents and are attached to thc staff report as Exhibit In addition, appropriate evaluation of petitions for rezoning shou!d establish a factual basis fo[ supportive action by appointed and elected decision makers. Thc evaluation by professional staf:P should typically include an analysis of thc petition's relationship to the community's future land us~ plan, and whether or not a rezomng action would be consistent with the Collier County GMP in all its related elements. Other evaluation considerations should include an assessment 'of adequacy transportation infrastructure, other infrastructure, and compatibility with adjacent land uses,°i~ consideration usually dealt with as a facet of. analvzimz the relationship of the rezoning action to th~ long range plan for future land uses. Notv,'ithstanfiimz'~he~ above, staff' in reviewing the determinant~ for adequate findings to support a rezoning action advises as Follows: Relationship to Future and Existinp Land Use~; A discussion of this relationship, as it applie} specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Th~ surrounding propertied include the following land uses: The adjacent properties to the north of Tracts I and II are zoned C-3. There is also an existing AL~! use located on the back C-3 zoned parcel abutting Tract 11. In addition,, commercial uses or zonin~ extends approximately 3.300 feet north of the subject property in the C-_,. C-2, PUD. and C-4 Zoning Districts. The Master Plan lbr thc h'npcriat \Vest PUD indicates that the adjacent property to th~ Conservation Area I contains an existing multi-family development known as the Manors at Regaj. Lake. To the north of Tract III is the Park Place ',\'est development that contains existing singl6 family and zero lot line dwelling units. 'Yhc approved density for thc lmperial \Vest PUD is 4.98 units per acre. The abutting property to the cast is an FPL casement anJ a zero lot line development. These properties are also w/thin the Imperial West PUD boundaries. A portion of the Collier's Reserve golf course (Collier Tract 22 PUD} lies to the south of Tract I and Il. To the south of Tract III are seven undeveloped single hmilv lots. These lots arc separated from the proposed PUD by Horse Creek. This creek meanders along the southern edge of the subject site. Along the v,'estem property line is US-41, a 4 lane arterial road Fronting the project...\cross US-41 is undeveloped land that is zoned Agricultural. With respect to the matter of compatibility with tile FLUE. this is an evaluation who4e is similarity of land use and relationship to adjacent land uses. In the case at hand.hnd based upoti < I lqG'v' i 0 1998 the Future Land Use Plan. we have an expectatmn that thc land v,'tll be used and dcveloped for tho~c land uses authorized within the PUD. Thc proposed PUD Document includes lower intensity comtnercial uses than thc existing C-3 zoned properties to thc north. Thc PUD proposes a mixture C-I/T and C-2 commercial uses excluding homeless shchcrs, soup kitchens, uasolinc sen'icc stations. and drive-in and fast-food restaurants. Furtherntorc. the proposed Aduh l.ivinu Facility on Tract is less intensive than the existinu ALF on the adiacent C-3 properw. The proposed ALF compone of the project abuts lands in thc Imperial \Vest i't.'D that arc partially d,,eveloped with Multi-Fami y Uses. including a large lake. The eastern half of Imperial West ahuttinu Tract 111 is developed wi h single family and zero lot line units. ~lfft~e°~,~jP~i~rnntehn:t btl~te,,~e~ tlte 15 foot buffer, adjacent lakes, ttorse Creek. natural featurc ;, · ' '. ' ufficient separation provided to maintain compatibility wi~h adjacent properties Itl addition the ALF structures are limited to a maximum hcitd~t of 2 stories or feet. which is similar in height or less titan tile abuuintt residential zonin~ districts. The PUD Master Plan provides 4 primar-).' land use parcels on-site. This includes a 1.97 acre commercial Iracl along US-41,5.52 acre AI.F use on Tract 1II. and a 2.52 acre conscn'ation area. The purpose for each parcel is to provide a transition hetv,'een hind uses. The commercial retail and office uses are a logical extension of the existing C-3 commercial zonin,.2, to the north based on the property size and configuration. ~ - The commercial structures within tile commercial tract are subject to Architectural and Site Desiun requirements of Section 2.8 of the LDC. The one exception to these standards involves tge reqmrement that no more than 50 percent of the required off:street parkinu Ibr the entire building 4e located between the primary facade of the commercial building.2 and the abutting r/ght-of-way. retail tract can not practically meet this requircnlenl because o~' the nan'ow width (200 feet) oft~e property. ,-ks a result, the parking for Tract I provides for parking on tv,'o sides. However, the fro yard buffer is increased from 15 feet to 20 feet along U.S. 41. v,'hich will buffer the parking area· Tie side buffers are also increased from l0 feet to 15 feet on the commercial tracts to provide fir additional green space. The general development standards include a maximum height of thn stories or 35 feet for the commercial contponcru and two stories or 25 feet tbr the ALF component the project. Setbacks for the commercial structures are 15 feet from the side property lines while tl"e front yard setback from US-41 is 60 feet. The ALF setbacks require a minimum of 15 feet from thee internal road and 25 feet from the side yards. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier Count,.' Growth .'vlanagement Plan and is there~bre compatible with other approved land uses in the area. Regarding the matter of timintt, it should be appreciated that urban commercial development has been approved v,'ithin tho CR-9~I and 1-75 Activity (/'enter. After considering tile availability of community infrastructure and sen'ices Isee belo,.vl it is clear that the developmen! (~f the subject property is timely and consistent with the FLUE to the GMP. ~ - The pr/mar),.' vehicular access point is from U.S. 41 v.'hich has no median opening. A sh,"u-4d access is also proposed with the adjacent property to the north. '.vhich is predicated upon approval 6r reciprocal easements with the adjacent property ov.'ner. This shared access will provide the subjet~t site access to a median opening onto U.S. 4.1. In viev,' of the adequate depth and sight distance on US-41, the access point s,h, ould, operate adequately. The access is subject to all the required FDOT ,~, permits and the Access ,~,,anagement Plan., The Iinal geometry and dcsiun of thl~~~-~'~ reviewed at the time of Preliminary Site Dt:veloprncnt Plan tSDP) anct"or"Prclin'fi{ary Sub~! t' i 1 0 1998 Plat ePSP) review, The GMP ccmsislency review ~il:~tes Ih:it apprm,'al of' Ibis pct~t..m is consistent with ~ policies of the TCE. Utility Infrastructure - Both a public sanitaD. sewer and municipal water supply are available to Iheli property and will be extended as a consequence of future development. :',.11 development mustr comply with surface water management requircmcnls invoked at Ihe time of site development plan' approval as thc case will be for development of ~llis land. Community Infrastructure and Services - Tile subject property is readily accessible to a whole range of community infrastructure which is enhanced bv its frontas2c on Pine Ridge Road. Shopping centers, business offices and medical offices of various specialties arc all within a si'ion, driving distance. Urban development is undenvav in all directions from this PUD which is an indicator. earmarking this site for development. Based on the above an;dysis, the folloxving conclusions can hc reached. b~Vmg Facility. commercial, and office development is consistent with the FLUE ofthe GMP. "t 2, The PUD requires that tile project be developed utilizing tile architectural theme requirements for! a unified design. The proposed development also limits the buildine heights to a maximum height of 35 stories for the commercial/office structures and 25 feet for the~ALF use. 3. U.S. 41 is operating at an acceptable level of service and is projected to operate at an acceptable level of service at the build-out of the project. The Traffic Circulation Element (TCE) lists US-41 North as a 4 lane arterial road. The current traffic count for this segment fronting the project is 24,326 AADT which results in LOS "D. It should be noted that a proposed road widening project! to 6 lane this segment US-41 is scheduled for completion by 1999/2000. Therefore, this projecti meets the County's concurrency requirement and is consistent with the standards referenced in~ Policy 1.4 ofthe TCE ofthe GMP. 4. The subject PUD is consistent with the Commercial Under Criteria provision contained in the!' Future Land Use Element (FLUE)of the Growth ,X,Jana~,e, mcnt Plan. Tile subject site meets theI following criteria: 1) Tile proper'tv docs not exceed ,.00 feet greater at the discretion of the Board of Count,,' Commissioners;.2) The site fronts on an arterial' road: 3) The site is located in an area generall~ commercial in character: 4) The depth of the site'~ does not exceed the depth of the adjacent co~'~mcrcial property along the arterial road; 5) The~ proposed use must not generate in excess of .5 percent of the level of service "C' design capacity, on abutting streets that provide access; and 6) The proposed use must not exceed a floor area off 25,000 square feet. 5. Findings related to the application to rezone to PUD and the development standards specified in' the PUD document and Master Plan support a recommendation of approval. ~ STAFF RECOMMENDATIOb'; That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-98-11, :i the Tamiami Professional Center PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: RAY BEI~OWS. PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: ~PcONALD F. NINO, AICP. MANAGER CURRENT PLANNING SECTION RO~RT J. MULHERE, AICP. DIRECTOR SERVICES DEPARTMENT VI~CENT-A. CAUTERO. AICP. AD~{INISTRATOR COMMUNIIY DEV. AND ENVIRONMENTAL SVCS. Staff Report for October 1, 1998 CCPC meeting. MM PUD-98-1 I/ST^FF R£PORT/RVB/rb ISSION: DATE DATE ?./7-- 5F DATE DATE NOV 1 0 1998 FINDINGS FOR PUD PUD-98-11 Section 2.7.3.2.5 of the Collier County Land Development Code requires d~e Planning Commission to make a finding as to thg PUD Master Plans' compliance with the following criteria: The suitabiliD, of the area for the type and pattern .of development proposed in relation to physical characteristics of the land. surrounding areas, traffic and access, drainage, sewer, water, and other utilities. P..rm Intensifying land dcvclopmcnt patterns produces economics of scale relative to public utilities, facilities and sc~'Jccs, which are currently available in this area along US-41 North. Iii) The subject site is eligible for commercial uses '.'ia the Commercial Under Criteria of the FLUE. Con; (i) Existing residents often perceive a mixed use developments commercial, office, and ALF as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. (ii) The proposed ingress/egress point docs not align with thc existing median opening on US-41 for hnperial Golf development. However, the petitioner is pursuing to obtain an access casement with the commercial properly to the north which ,,','ill allow access to the median oponing. Findin~ Jurisdictional reviews by Count.,,, staff support the manner and pattern of development proposed for the subject proper'tv. Development conditions contained in the PUD document give assurance that all infrastructure '.,,'ill be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of Count,,' Commissioners as conditions of approval by staff. Recommended mitigation measures ,.','ill assure compliance with Level of Service relationships as prescribed by the Grov:th Management Plan. Adequacy of evidence of unified control and suitabili~' of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con; Evaluation not applicable. Exhibit ~,GE NDA~ ).TE Id., NO¥ I 0 19,98 o Eln. fling.l Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: 6) Tile development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) The development of retail uses. authorized in Section 5.3 for Tract I, shall not be permitted until such time as the Future Land Use Element of the GMP providing for the Office and Commercial In-fill Sub-district is in effect. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth .X, Ianagcmcnt Plan. A review of consistency relationships with elements of the GMP is as £ollows: The subject PUD proposes to allow C-1/T uses on Tracts I & 1[ utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Grov4h .Managemer~t Plan. The site is currently designated Urban Mixed Use. Urban Residential on the FLUE. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain industrial and commercial uses. The C-I/T commercial uses are allowed in the Urban Residential Sub-district subject to the Commercial Under Criteria as contained in the FLUE. The currently approved Commercial Under Criteria applies to sites that are located outside of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. For the purposes of this commercial under criteria provision. "bounded on both sides" mav include an intervening street. The other applicable criteria includes tile following: 11 Tile property should not exceed 200 feet in width, although the width mav be t~re'ater at the discretion of the Board of County Commissioners: 2) The site has frontage on an arterial road: 3) The site is located in an area generally commercial in character: 4) Thc depth of thc site does not exceed the depth ofthe adjacent commercial property along thc artcriat road; 5) The proposed use must not generate in excess of 5 percent of tile level of service "C" design capacity on abutting streets that provide access: and 61 The proposed use must not exceed a floor area of 25,000 square feet. Uses that meet the intent of the C-I/T Commercial: Professionatq'ransitional District are only required to be bounded on one side by improved commercial property or consistent commercial zoning. It should be noted that on October 28, 1997 the Board of' County Commissioners approved amendments to the Growth Management Plan. based upon the Evaluation and Appraisal Report (EAR) that included revisions to the Future Land Use Element. The language of the Office and In-fill Commercial Sub-district. xvhich essentially replaces the Commercial Under Criteria provision inc[ud,e,s the following changes: 1) For the purposes of this Sub-district. "abuts" and "abutting" excludes interx'ening public sire way. except for an intervening local street: 2) The site abuts a road cl ,ssifiS~t ~ arterial 9r collector as identified on thc Future Traffic Circulation Ma 3) The site NOV 1 0 1998 Pa. utilized for commercial is i 2 :,crcs or less: 4) At thc time ofdcvclopment, the project will be sc~'cd by central public water and sex,. er; and 5) Tile elimination of thc provisions that the proposed use must not generate irt excess of five percent of the level of service "C" design capacity on abutti~3g streets and the proposed usc must not exceed a floor area of 25.000 square feet. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro; The PUD has been designed to provide transitional intensity throughout the site by restricting more intensive retail uses along the US-41 and by providing' a conservation tract adjacent to thc adjacent residential subdivision to the north. In addition, increased landscaping and buffeting has been provided to buffer the residential neighborhood and the ALF areas. Con; None. Finding; The PUD Master Plan has been desitned to optimize internal land use relationship through tile use of various forrns o~f open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Corl~. Evaluation not applicable. Summi~~ The amount of open space set aside by this project is consistent with the provisions of thc Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Conl Evaluation not applicable. Summary Findin~2 Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to expansion. ' This petition seeks to extend lhc ex/sting commercial zoning that is adjacent to the site to tile north via tile Commercial Under criteria. This project will not adversely impact an.,,' adopted level of scr-,'icc standard. .C,.0.R.;. None. Summary Findin?.2: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable v.'atcr supplies, characteristics of the~ property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject properly is timely, because supporting infrastructure is available. Conformity with PUD regulations, o,' as to desirable modifications of such regulations in the particular case. hascd on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Evaluation not applicable. Summary Findings.' This findint~ essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FiNDINGS FOR PUD-98-11RVB rb 1998 REZONE FINDINGS PETITION PUD-98-11 Section 2.7.2.5. of the Collier C_'ountv Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of tire Growth Management Plan. i. The subject proper~y is located within the Urban Mixed Use District - Urban Residential Sub-d~strict which allows for a maximum density oi'4 units per acre. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GY. IP should be considered a positive relationship. None Summar3' Findings; Tire proposed development is in compliance with the Future Land Use Element of the Growth M'anagemcnt Plan. The uses permitted v.'ithin this PUD are consistent with the currently approved uses. This petition is also consistent with Policy 5.1 of the FLUE to the GMP. 2. The existing land use pattern; Er.0.LC...9~ Evaluation not applicable. (a more detailed study is contained in the staff report.) Summar3: Findings; To the north along US-41 are existing C-3 zoned properties. The i, site abuts retail uses that are under construction and a site that includes an existing Assisted Living Facility. To the northeast lies the Imperial West PUD which is ~ developed with a mix of muhi-familv and zero lot line dwelling units. The approved density for this development is 4.98 units per acre. The abutting property to the east is an FPL easement. The property also zoned Imperial West PUD. A portion of the Collier's Reserve golf course (Collier Tract 22 PUD) lies to the south of Tract I and II. To the. south of Tract III are seven undeveloped single family lots. These lots are separated fi.om the proposed PUD bv Horse Creek. This creek meanders along the southern edge of the subject site. To the ,,vest is US-41. a 4 lane arterial road fronting the project. Across US- 41 is undeveloped land that is zoned Agricultural. AGENDA IlF_Id' EXHIBIT "B" "* ~ ;. NOV 1 0 1998 Pg. ~ The possible creatiou of an isolated district unrelated to adjacent and nearby districts: - The proposed rezone is provides a transition from the C-3 uses to the noah with the golfcourse to the south. Evaluation not applicable. Summary Findin~s~ The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for chanl~e. Pro.' The ¢tiswict boundaries are Iouicallv drawn and the,,' are consistent with the FLLrE of the GMP. ~ ' None. Summa~' Findings: Land to the north is zoned C-3 and contains similar or less intensive commercial/office uses. In addition, the boundaries are logically drawn by virtue that it provides a transition between land uses since the site is located between two existing zoned PUD projects. Whether changed or changin~ conditions make the passage of the proposed amendment necessary. Pro; The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE fFmurc [.and Use Element of the Growth Management Plan) is a positive one. None. Summary Findin~l Consistent with the Growth Management Plan. Whether the proposed change will adverseh' influence living conditions in the neighborhood; Pro: (i) The existing approved C-3 commercial to the north of tk -',ub.~h~,it~,~ ~ contains similar permitted uses while the adjacent property ~ then~~ ~ approved as a golf course for Collier's Reserve. NOV 1 0 1998 (iii Recommended mitigation actions l i.e. landscaping) made a condition of approval will go a long way towards off-setting an.,,' potential adverse influences on the residential subdivision to the northeast and south of the ,.\LF tract. Con: The ALt': location within the subject site could cause increased noise and traffic impacts on the nearby residences. However. due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: Thc proposed PUD will not adversely influence living conditions in the neighborhood because thc recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacer~t and nearby developments. Recommended mitigation actions should serve m ameliorate impact on thc adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion. or create t3.'pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safet2,.'. Pro: An acuon to rezone the protScrty as requested is consistent with the traffic circulation element. Con: (il (ii/ The property fronts directly on a public road (US-4I North) therebyI providing an access to the arterial road network over which traffic from , this mixed use development will draw and defuse traffic. .-\s urban intensification increases, there is some loss of comfort and ease of trax'el to thc motoring public. However, by lax,,' this degree of, discomlbrt is regulated by concurrency requirements, i' In the short run construction traffic is necessary for development may be irritating to local residents. Summary Findings: Evaluation o£ this project took into account the requirement for consistency with Policv 5.1 of the Traffic Element of thc GMP and was found consistent, a statement advising that this project when developed ,,,,'ill not excessively incre~e traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions arc subject to the Concurrency Management System. t, lov i 0 1998 10. Whether the proposed cl, an~e will create a drainage problem; Erin ~i) The Land Development Code specifically addresses prerequisite development standards that are designed to rcd~:ce thc risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent pr. operty over and above what would occur without development. Con;. (i) Urban intensification in the absence of commensurate improvement to intra-countv drainage appt,rtenances would increase the risk of flooding in areas when the drainage outFall condition is inadequate. Summary Findin.esj Every project approved in Collier County involving tho utilization of land for some land usc activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed l'or drainage relationships and design and construction plans are required to meet Count',' standards as a condition of approval. Whether tile proposed change will seriously reduce light and air to adjacent areas; Pro; Tile proposed commercial, office and ALF development conforms to the approved zoning on the adjacent properties. In addition, the maximum height for the ALF as provided for in the PUD is less than the maximum height standard for single family allowed in the LDC. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Coal None. Summary Findings_: All projects in (.'oilier Count,,' are subject to the development standards that are unique to the zoning district in whict'~ it is located. These development standards and others apply uencrallv and equally to all zoning districts (i.e. open space requirement, corridor management provisions, crc.) were designed to ensure that light penetration and circulation of:fir does not adversely affect adjacent areas. Whether the proposed change will adverseh' affect property values in the adjacent area; ' Prol Typically urban intensification increases the value of contitzuous underutilized land. ~ Coal None. SummaD' Findin~;; Tiffs is a subjective determination based upon anti~ which mav be internal or external to the subject property that can affect pr Property valuation is affected bv a host of I:actors including zoning, howe AGEI~IDA ITE~ ,,~ ~pe~y~v~ues~J eer zoning by NOV 1 0 1998 I1. 12. 13. 14. itself mav or may not affect values, since value determination bv law is driven by market value. The mere (act that a property is given a new zoning, desiunation may or may not affect value. - - Whether the proposed change will be a deterrent to the improvement or. development of adjacent property in accordance with existing regulations; Pro/Corl; Evaluation not applicable. Summary Finding51 The basic premise underMmz all of the development standards in the zoning division of' the LDC is that their sot[nd'application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not rcsuh in a dctcrrencc to improvement of adjacent property. Also. the PUD Document has Iransitioncd tile intensity of commercial uses to specific parcels identified on thc I'UD Nlastcr Plan. This :~rrangcment coupled with the requirement to provide open space and conservation ar~as should provide reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent residential property. Whether tile proposed change ',,,'ill constitute a grant of special privilege to an individual owner as contrastin/4 with the public welfare: Pro/Conl Evaluation not applicable. Summary Findings~ The proposed PUD complies with tile Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special pr/vilege. Consistency with tile FLUE is further determined to be a public welfare relationship because actions consistent with plans are in tile public interest. Whether there are substantial reasons ~vhv tile property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin,gs: Thc sub. ject property can bc developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of tile site as made possible by its consistency relationship with the FLUE as contained in tile Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the Count.,,': Pro: Tile project is designed itl a manner that is compatible with sm approved PUD property in size and scale. roun lt'n NOV I 0 1998 ~ Existing neighbors within the adjacent subdivision to the north may feel thal the proposed change is out of scale with the neigi]borimod. Summary Findin~r~ The subject PUD complies xv~fll thc Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the CounD' for the proposed use in districts already permittin~ such use. Pro/Con; Evaluation not applicable. Summary Findings;; There arc many sites which arc zoned to accommodate the proposed development. This is not tile determining factor when evaluating the appropriateness of a rczoning decision. Thc determinants of zoning are consistency with all elements afthc GMt'. compatibility, adequacy of inl?aslnlcture and to some extent the timing of thc action and all of thc above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site. however the environmental impacts are minimal. Thc proposed conservation area assists with the water flow of Horse Creek. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: Tile extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute thc PUD's development strategy. 17. The impact of development on the availal~ility of adequate public facilities and services consistent with the levels of service adopted in the Collier County. Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. as amended. Pro/Con; Evaluation not applicable. Summary Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP bare reviewed this petition and have found it consistent with the GMP. The conditions of approval hz~ve been incorporated into the PUD document. Staff reviews for adequacy of public sen'ices and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R.9~-I IH. vii'th Pa. September 22, 1998 Ray Bellows Principal Planner Comrnunity Development and Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Dear Mr. Bellows: I recently spoke to you concerning the re-zoning from "A" Rural Agriculture to "PUD" Planned Unit Development of an area south of the intersection of U.S. 41 and Impedal Golf Course Boulevard on the east side of U.S. 41 Nodh, in Section 15, Township 48 South, Range 25 East, consisting o1' 11.6 acres to be known as Tamiami Professional Center (Petition Number PUD-98-11). This property is immediately adjacent to mine. I am extremely distressed, however not surprised, to learn that Collier County has little or no concern regarding the destruction of yet another natural area. This area is small but is home to numerous species of wildlife (a partial list includes gopher tortoises, bobcat, deer, Bald Eagle, Piliated Woodpecker and several species of hawks). We know this as fact as we enjoy observing the many birds and small animals that frequent our backyard. Collier's Reserve, which is also adjacent, advertises that it is 'where eagles soar'. Well, they will probably soar no more. In addition, this re-zone will affect the values of all adjacent property. When we purchased our property we were made aware of the zoning status of this piece of property. As a result we felt, as did our developer, that the area would remain a natural area. A change in the zoning will adversely affect our quality of life not to mention the monetary consideration. It will lower our property value. Is the County prepared to compensate us in some way for this intrusion and for the financial ramifications? We wish to voice our strong opposition to this re-zone. If the County makes a decision to approve the re-zone, we will most certainly take subsequent action to have our concerns addressed. Respectfully, Judith A. Kraycik 1159 Imperial Drive Park Place West AGEN NO. NOV' I 0 1998 September 29, 1998 5 Fatima Road Stoneham, MA 02180 Community Development and Environmental Sen'ices Division 2800 North itorseshoe Drive Naples, Florida 34104 Re: Petition Number P[Sl) -98-11 Rezone Gentlemen: My wife and I want to go on the record as abutters to thc above referenced rezoning as being totally opposed to this parcel being rezoned from "A" Rural Agricultural to "PUD", with the exception of the land fronting [rS 41. The remainder of this Planned Unit l)evelopment to be known as Tamiami Professional Center lies between Collier l'resen'e and Regal Lake the natural habitat of numerous wildlife, birds, flowers, and trees. It would be a major transgression on nature to allow this parcel to be de'.'eloped and disrupt the natural wildlife habitat, bcauD', tranquillity and ecosystem that presently exists. My wife and I are not opposed to development or progress, ltowe'.'er, we are opposed to ~he needless destruction of our eroding ecosystems that support our wildlife. We urge you to take a stand today and not allow an',' change in the zoning beyond that parcel which fronts US 41. ' NOV 1 0 1998 I IMPERIAL PARK PLACE VILLAS ASSOCIATION Telephone (941) 643-4884 4148A Corporate Square Naples, Florida, USA 34104 Fax (94. ~'667! September 28, 1998 Collier County Government Community Development and Environmental Services D/v/s/on 2800 North Horseshoe Drive Naples FL 34104 Attn: Mr Ray Bellows, PHnclpal Planner ~IYFAX AND REGULAR MAIL re: Petition #PUD-98-11/Steve Houston Re-zoning Petition Dear Mr Bellows, I am the President of Impede/Park P/ace VillaS ,~ssqciat/on Inc. Thank you for recent correspondence relative to the above parcel of land, which is adjacent land which our association owns. We wish to express our strong objection to this re-zoning from classification to ~_Lanned Unit. Development classification. We feel that this use not be appropriate, given that this land abuts residential property. It is hi that noise, noxious odors, loitering and traffic .problems ere all possible by-pro~ of this new use. We further feel that then we bought our properties within /mt;er/al, that the pr zoning existed, and that we could count on .'.hat zoning for protection from use which is being proposed. Thank you; we appreciate your consideration at the upcomiqg meeting of the County Planning Commission. Sincerely, IMPERIAL PARK PLACE VILLAS ASSOCIATION, INC. Don Karal President dk :ts/FI LEO9 2 8 c ol/e n clos u r e. cc, Greater Imperial Board, c/o Pelican Bay Property Management 0 1998 DATE .APPLICATIOI~ FOR PUBLIC HEAR!~:C. ,FOR .R. EZONE AND CONDITIONAL USE REQUESTS pLANNED U]~T DEVELOP~ENT REQUESTS ,~U~ cOZ~M/3~ITY DEVELOPMENT DIVISION CUP~. ENT PLA/.~N I NG Name of Applicant(s) Hole, Montes & Associates, Inc. Applicant,s Mailing Address 715 10th 5~ree~ Sou[h City Naples State Florida Zip 3&102 Applicant's Telephone Number: Res.: Bus.: (g&l) 262-&617 Is the applicant the o;'ner of the subject property? Yes ¥ No .... (a) If applicant is a land trust, so indicate and name beneficiaries .below. (b) If applicant is corporation other than a public corporation, so indicate and nam~ officers and major stockho!de~s be!ow. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser attach copy of contract, and indicate actual owner(s) name and address below. _ Mr. Steve Houston, 1369 SouCh Downing Street, Denver, Colorado 80210 _ A ¢opy 9f the sales contract is attached. (If space is inadequate, attach on separate page.) 2. Name of Agent Robert Duane Firm Hole, Montes & Associates, Inc. Agents Mailing Address 7~5 10th Street South City Naples Telephone Number: Res.: State Florida Zip 34102 Bus.: (941) 262-4617 PO. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped submit 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 ENGINEER,S CERTIFICATION SHALL BE REQUIRED. SECTION _ 15 _ TOWNSHIP 48 Scuth 'RANGE 25 East '---Ti~-s~~eet of Section 15, Township ~8 S~uth, Range 25 East, less Highway Size of property 200 Address or location of ft. X 2520 subject property ft. Acres 11.6 east side of U.S. 41 ,Worth Existing land elevation 3/7 County Flood Criteria Elevation Zone~ AE E~vation 1-1 a. Date subject property acquired ( ) or leased ( ): _ day of , 19 Term o~ lease b. If, Petitioner has option to buy, indicate date of option: and date option terminates: See Sales C@ntract Does property owner own contiguous proper{y to the subject property? If so, give complete legalzdescription of entire contiguous property. (If space is inadeqdate attach on separate page). , NO. THIS APPLICATION IS INTENDED TO COVER: (Check which petition your are requesting): A. REZONING: PRESENT ZONING A REQUESTED ZONING FOR Office/retail and ALF uses. -- -- type of PUD B. CONDITIONAL USE OF ZONING FOR NOV 1 0 3.0.. REASON WHy APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See attached cover letter. 12. 13. 14. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? .. Yes X No ~F YES, P~OVIDE COPY OF THE DEED RESTICTIONS. iS THIS REQUEST A RESULT OF A VIOI~ATION? WHOM WAS THE NOTICE SERVED? No IF SO, TO HAS A PUBLIC HEARING BEEN }{ELD ON THIS PROPERTY ¥.'ITHIN THE LAST YEAR? iF SO, IN-WHOSE NA].~E. ,No ARE THERE EXISTING STRUCTURES ON THE PROPERTY? ,';0 CBS... , FR;J~'E , MOBILE HOME , OTHER TYPE: ~ AFFIDAVIT ~, - ~i~ /~37~/ being first duly s~'orn, depose and say that I am are the owners of the property described herein and which is the subject matter cf 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. I understand this application must ~ completed and accurate ~efore a hearing can be advertised~ I .rther permit the undersigned to act as our representative in any matters regarding this Petition. SIGNATURE OF O~;ER State of F-t~r-~da~ S C- :ATO E OS SIGNATURE OF AGENT /~ The foregoing Application 3{~acknowledged before me this -?'/~'/ day of .~ ~ -~ ', ~ by.~-~.~ c-//>~,_.t~_;,-;~..,, who personally known to me~r-~ho~as-~r~u~d SEAL (Sign'at~j~ of '~o<-a~' P~blic) (Print Name of Notary Public) NOTARY PUBLIC My Commission Expires: REZONE/CU APPLICATION/md/7/~?/92 AGENDA jT~'"~'~ NOV 1 O 1998 OFFICERS ~ND SHAREHOLDERS OF HOLE, MONTES ~;D ASSOCIATES, iNC. President Senior Vice President Senior Vice President Vice President Vice President Vice President Vice President/Suz-veyinc Secretary Assistant Secretary Treasurer Thomas M. Taylor George H. Hermanson Robert L. Murray Ned E. Dewhirst Ronald E. Benson, Jr. Dorian Popescu Thomas J. Garris John R. Wolski Ned E. Dewhirst John R. Wolski NOV 1 0 ~998' CO~TPJ:CT FOR SALE THIS COI~TP3, CT is r. ade between: Seller: Se!!er's Address: Steve Houston !269 S. Downey Street Denver, Co!crado 50210 Buyer: Buyer's Address: Thomas M. Taylor 715 Tenth Street South Naples, F!crida 24102 For good and valuable consideration, the receipt and su~.iciency cf which is hereby acknowledged by the parties hereto, it is mutually agreed that the Seller shall sell and the Buyer shall purchase property as described in Paragraph ! upon the terms and conditions hereinafter set forth: ....... z .................. The property (the "Property") to be sold and purchased is as follows: A. The !2.i3 acre parcel cf real property in Collier County, Florida desc~~b_d as follows: The South 200 f=e~. ~ of the -Couthwest Q~=""-'=- .... of Section '5, Tcwnshio ~= ¢:utk Ranc~ 25 East Collier County, Florida less U c.4! rich- ~= way. B. Ail rights, privileges and easements appurtenant to the real property and all sewer, water, and other utility services, and other governmental approvals and permits, including but not limited to, any prepaid impact, access, service, recreational or other fees of any kind, appurtenant to the real property. C. The Property shall also include imprcvements to above-described real property. any and all 2 PO-~C.~iASE PR r~-- · -~ ,: The purchase price (hereinafter referred to as the "Purchase Price") for the Property shall be payab!~ by Buye. as ,o.!ows: A. deposit (the "Initial Deposit") to be held in escrow by Escrow Agent· The in'~Itial Deoos. it shall be delivered to Escrow Agent upon execution by Buyer of this Contract and will be paid to Seller at closinc, or as otherwise provided herein. B. deposit (the "Second Deposit") to be held in escrow by Escrow Agent. The Second Deoosit_ shall be delivered to Escrow Acent. cn or be=~O.e ~ sixty (60) days from the date of this Contract, which is the same date as the expiration of the investigation Period as d~scribed in Paragr~! of this Contract. The Second Depcsi~ wi!_. be paid to Se!l~r a~~.i closing, or as otherwise provided herein. The initial Deposi~ and ' I 0¥ 10 998 F'~, ~ . the Second De,esi- shal1 k~ : .... ~' thi · - - _ re ..... G to in s Contract as t%~ "Deposit". .._ C. Cash to close in the amount o= subject to adjustments, credits, prorations and other matters as =rovided h~,, k~ . id Buver '-., ' - . ....... to - Da by · -: sank wire of funds, cashier's check, bank check, or at%orney,s escrow account check, at the e!ecticn cf the Buyer on c!csing and deliver,, cf deed to Buy~-r in accordance with the terms and orcvisions of '; - ' . this Contract. " D. All deposits shal1 be held in an interest account and all interest will accrue cr be paid to Seller, except in the case of the Seller's default hereunder. 3 i~'~ESTiGAT!©N ='-=!OD_: For a period of sixty (60) days from the date of this Contract (the "Investigation Period") Seller grants to Buyer and its acents, servants emD!oyees contractors and reoresentat!ves a r:''~- ' ' ' - , _c.,, to eh.er up~.. the Property and to examine the Pr p_r :. ..= c~ tTM Dura'' t~= inspection Period the Buyer shall further have the ri_cbt, but not be recruited to cr othez-~.ise limited to, review the fol!owin9 items: A. All zoning, land use, env{ construction laws and -~cu~-~-= - .... men,a!, bu~!c~n~ and -- ~--c~_n_~ c~ _e~u!at~n9' or any other requirements or conditions cf any governmental or other a~ency or entity havin9 jurisdiction over, the Property, which would affect the access to, use occupancy, enjoyment or development of ,h_ Property; and that the Property will be fully usable by Buyer for Buyer s . ' -ntended purposes. By execution of this Agreement, Seller hereby authorizes and grants to Buyer, its agents, emp!cyees, and contractors, the right to access to all records held by, and to interview, appropriate government authorities r.e!at ire to any phase of the use, occuoancy construction, ceveicoment mark~t-~n= or -'uture use or enDoyment cf the Property; · SO__ ~ests ~-~ , = ...... cai studies and surveys and environmental studies or surveys =.,=J , ~u}_. ma}, cause to be conducted at zts own expense, cn the Property; C. The nature and location of any easements, covenants, restrictions, a~reements, contracts, cr other documents or conditions which benefit or affect the Property; D. The size, availability, capacity and cost of all utility services to the Property; E. An inspection of the physical condition of the Property by a certified engineering firm and environmental consultants at Buyer's sole expense; Seller acrees to provide to Buy_. w~tn~ .... ye (-} days of the Date of this Contract copies of any of the fo!!cwin~ to the extent they exist and are in the Seller's position: B. C. D. E. Soil tests and all prior engineering tests. Plans and specifications for the Property. Surveys or drawings of the Property. Prior title insurance policy. AJAy leases. F. Real Estate Tax Bills. Before the expiration of the investigation Period, for any reason, the Bu}'er may elect to terminate this Contract by delivering written notice to the Seller or Escrow A~ent, and in such event this Contract shall be null and void and the Escrow Agent shall return all deposits to the Buyer. if the Buyer elects to terminate this Contract then Suyer agrees tc supply to Seller copies of all reports, studies, permits, and other data generated with regard to the Proper~y which ~:as accumulat~ by Buyer during the investica[icn Pe~.oo. if, at the end of the investigation Period, the Buyer has elected to proceed with the Contract, then on or before 5:00 P.M on the last day such Investigation Period, the Buyer shall deliver to the Escrow Agent the Second Deposit described ~- Paragraph 2B. 4. ZONING CONTINGENCY PER!O~: For a period of One Hundred Eighty (180) days (the "Zoning Contingency Period") following the Investigation Period, Buyer shall attempt to re-zone the Property to commercial zoning. Buyer may extend the Zoning Contingency Period by two (2) thirty-day (30-day) periods by paying to Seller for each such 30-day period prior to the expiration of the Zoning Contingency Period (or first extension period if the second 30-day extension is desired). The extension payments shall not be credited against the Purchase Price. Seller agrees to join in any and all applications, petitions or recuests for such ..... ~ ..... zoninc ~h~l] ~,'~, .~ - -~-=~'~. n~z costs of such re- Conti~cj~-~~ %= ?-e_expen~e ot Buyer. If during the Zoninc ~ · y ~e._o~ the ~uyer is unable to obtain such a - ' ~ then the Buyer shall have the ~ch~ ~ ~ ........... re zoning. --= ..... =~,,,~n=~e unls contract by delivering ~ritten notice to the Seller or Escrow Agent. In such event this Contract shall be terminated and be null and void and the Escrow Agent shall return all Deposits to the Buyer. The Escrow Agent shall pay the Deposit to Seller if: (1) written notice of termination is not given to Seller within the time periods set forth in the Investication Period or Zoning C°ntingency Period, and (2) the Buyer is-not willing to close in accordance with ~his Contract (and Seller is not in defaul (3) the Buyer is not willing to Durchase any extension! Zoning Contingency Period. ' 5. EXPENSES OF SAL~F~=: Seller shall pay ~ ~ ~o~ documentary stamps on the deed, and for recordinc any other instruments necessary to clear the title to the Property, cost cf furnishing a completed D~stract of Title certified to date, certified special assessments, and real estate commission. Buyer shall pay for recording the deed, recert~=ica'ion cf the title, insurance. '~ ~ - and title 6 PRORAT!O~{S: Except as -~.{ ~ · - c ..... ~.s. specifically set forth elsewhere herein, taxes, rents, and other expenses and revenue of the Property shall be prorated as cf midnicht cf the day mrecedin~ the closing. - . , Estimated taxes for the }'ear of closing shall be prorated based (in the event the amount c= taxes = ~ unknown) upon ~ ~ ~o. the current year is t.,_ prior year's taxes with due allowance being made for the maximum allowable discount. Tax proration may, at the request of either party, be subsequently readjusted upon receipt of the tax bills for the ':,ear of closing. The cash to close shall be increased cr decreased as may be recuired ky any such prorations. 7. EVIDE~?CE OF T!TL~E: Seller shall deliver to Buyer or his attorney or other authorized representative within i0 days from the date of this contract, a complete :--bstract of Title certified to date showin= 'itle to '~= cood and mar~:e~ab!e s'<~- only to real estate taxes for the year of closing and oil, gas and mineral reservations. Buyer, or his attorney, shall have 15 days for examination of the title and if the title to the Property is found to be different than ~s set forth cr ~ ~ ~ - -e~.u~~ed in this Contract, then Buyer, or his attorney, shall notify Seller, or his attorney, in writing of the defects and Seller shall have a reasonable time to cure these defects. Seller a~rees to make a diligent effort within a reasonable time to cure such defects; failure to make same shall constitute a default under this Contract. Upon Seller's inability to cure any defects within a reasonable time, Buyer may elect to'accept the Property in the existing: condition or Buyer may terminate this Cont-=ct and have its deposit returned. 8. $-~: The Buyer may have the Property surveyed at its sole expense which shall show existing road right-of-way, easements, encroachments, elevations, and a legal description of the Property, based on the Abstract of Title. if the survey, certified by a registered Florida Surveyor, shows any encroachment on the Property or violates any of the covenants contained in this Contract, the same shall be deemed a title defect, and the Seller shall have the same time to remove said encroachment as this Contract allows to cure defects of title. If the Seller shall fail to remove said encroachments within said period of time, then at the option of the Buyer, all deposits upon demand shall forthwith be refunded to the Buyer whereupon Buyer and Seller shall be released of all further obligations under this Contract· i 0 1998 a material inducement to Buyer to enter into this Contract, Seller hereby covenants and/or represents an!/cr warrants tc 5uyer that as cf the date of this Contract and as of the closing date as foi!cws: A. Seller is the swner ~= -~ ==~ simz!~ t~ to the Property. B. Seller, represents, that there are no actions, suits, special assessments, proceedings or investigations pending or, to the best of its knowledge, threatened affectinc the Property in law cr in e~ity before any cc-'~ .... ~-al ~epartment, commission, board, agency or instrumentality, cr any private individual cr entity, which involve -~ possibility c= any juccment, ilabi!i~y, or change of zoning against the Property. C Sei~=~ has not -nuered into any 'eases, written or ora! for all cr any ~~- ~= h~ ' " ' ~=~ t urouert: ...... ~. as ~isc!csed in wri%inc to B~.,,=r ' ' .n__~ are no tax l:ae{~4-ies ~r ot'~ ....... " n_~ obligations or liabi!itles of Seller, whether contingent, or otherwise, which affect the Property cr which, by aDs~c=.icn = law or otherwise, ~uv~ will become resDonsib!e ~-- as a ~sult -= -~ acquisition of the Property. ~ ..... ~- . E. The Property {or any part [hereof) has not been utilized to treat, generate, deposit, store, dispose of, or place any hazardous substance (as defined by 42 U.S.C. Section 9601 (14)), any solid or hazardous waste (as d~fined by 42 U.S.C. Section 6901) cr any petroleum product (as defined by Section 376.201 (22), F.S.); nor has Seller authorized any other person or entity to treat cene~ote '~ ~ ~ cf , - , a_p~s.t, store, dispose , or place any hazardous substance (as defined above) cr an,:, petroleum product (as defined above) on [he Property, cr any part thereof; and no other person or en~ity has treated, c ~= ted deposited, stored, disposed cf, or placed any hazardous substance (as defined above) or any petroleum product (as defined above), on the Property, or any part thereof, nor on any real property adjacen~ to the Property. There are no underground storace tanks of any kind located at the Property. - F. The Property is in full compliance with all construction and development apprcva!s, permits, and requirements and all applicable building codes, health, safe=y, and fire codes. G. Seller has fully disclosed to Buyer all matters which would not be readily observable by Buyer and which would materially and adversely affect the value of the Property. The Proper~y has no significant structural defects either latent or patent. , The Property consists of not less than 12.1~ 5 NOV 1 0 3998 P~J.~ i. There is legal access from the ~-cs~t}, to a public highway or road suff~ ~- '' -'' . , ,c .... t for a commercial use cf the Property. J. The Property is not the residence cr homestead of Seller or Seller's family. K. Water, sewer, gas, electric, uti!i'~es, telephone and other commonly used utilities are avai!ah!e to the Property in sufficient capacity and at normal and customary rates. L. Seller has received no notice of the commencement or threatened commencement of eminent domain proceedings against the Property or any part thereof. - - M. Ail of the information, representations and warranties by Seller to Buyer as described ~n this Contract and as provided by Seller to Buyer pursuant to the provisions of this Contract are true, correct and complete and it shall be a condition precedent ' of Buyer's obligations to close that the same remain true, correct and complete as of the closing. 10. ~URViVAL OF COVENA!;TS. REPRESENTATIONS ~P WARPJ~?~T!E!: All covenants, representations and warranties contained in this Contract and in the documents delivered at Closing shall be continuing and shall survive the Closing. All such covenants, representations and warranties shall not be effected by any independent investigation, verification or approval by Buyer or anyone acting on behalf of Buyer. 11. CONDITIONS D~ECEDENT TO CLO£r~,,~ ' Buyer '" -,,~: ~.t 's option, it shall be a condition precedent to closing that: A. , No material adverse change in the condition of the Property shall have occurred since the date of this Contract. B. Sel!er's representations and warranties contained herein shall be true and correct in all material respects as of the closing date. C. The execution and delivery by Seller to Buyer of each and every instrument required by this Contract. ' 12. ~S AND O~-~ ~-u~ -~ ...... C~: The Seller shall at closing deliver the following to Buyer: A. A Statutory Warranty Deed from Seller conveyin~ fee simple title, subject only to those items set forth in this Contract. to any and all personal property included in this sale. C. Any corrective instruments that may be requ connection with perfecting the title to the Property. ~BNAP%14 ~)C~, 1 6 A Bill of Sale with full warranties conveying title AGE~A ITeM red £n NOV 1 0 199E) D. A no-lien affidavit, pursuant to the provisions of this Contract, in form and substance reasonably acceptable to Buyer's counsel and so as to provide an insured closing. E. A non-foreign affidavit, as required by Internal Revenue Code Section 1445. = All other documents as may reasonably be required by Buyer's counsel to effectuate the consummation of this Contract. G. A closing statement' reflecting the basis upon which the credits, debits and adjustments to the cash to close were determined. 13 DEFAULT =v Sr~-~ ...... =~: If Seller should breach any of its covenants, representations or warranties contained in this Contract, then after notice to Seller, all deposit(s) shall, at the option of Buyer, be returned to Buyer promptly on demand, provided, however, Buyer shall not thereby waive any rights or remedies it may have because cf such default by Seller, including an action for specific performance cr for damages as a result of the breach. ~cwever, if Buyer elects to bring an action for specific perfc.-nr, ance, the deposit shall continue to be held by Escrow Agent until a final judgment has been entered. 14. DEFALVoT BY BUYEr: Prcvided Seller is not in default under this Contract, if Buyer should breach any of its covenants, representations cr warranties contained in this Contract, then after notice to Buyer the deposit(s) shall be paid to Seller by the Escrow Agent as liquidated damages. In the event of any such default, Seller shall have no other remedy against Buyer, and upon the payment cf said deposit to Seller, this Contract shall ~e terminated, whereupon Seller and Buyer shall be released of all further cb!i~ations under this Contract. 15. ATTORr~EYS ' FEES: If any party defaults in the performance of any of the terms, previsions, covenants or conditions cf this Contract, or breaches any representation or warranty made in this Contract, and by reason thereof any party ,'ml,],,yr, t Itc ~J~', vi~'cz~ ,,f ~ attorney to enforce performance or to l~e~'fnvm on¥ se~'v{ce ]~.nsed ~:pon any s~2ch default or breach, then, in ~,t~y ,,f. u~]d uvu~tu, t]~c prevailing pa~'~y shall be entitled to Yecove~' from the otl~cr party reasonable attorneys' fees and all uxl~c~ucu and couts Jz]curred by the prevailing party pertainin~ ~'l~c~'ctn a,~d in c2~fo2'ccment of any remedy, includin~ appellate ~';'. NO']'I~E~: A~y ~otice to be given or to be served ~a2'%%, hcvc~dc2-, Jl~ cot~nection with this Contract, taus! DIVISIBILITY OF PROVISIONS: If any Ju deturm~ ned to be unlawful or ,'u,,,;~.~9 port.~ono hereof shall remain in full ~n]~wf~] or ~:enforceable portion did %'~,#~t'% t 4 '. l ti', I 7 )on any writing and must be given by cert:fied or registered mail and shall be deemed to have been given and received when a certified cr registered letter, containing such notice, properly addressed, with postage prepaid is deposited in the U.S. Mail; and if given otherwise then by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices shall be addressed to the parties of this Contract at the addresses stated at the b==innin= ~nv ~arty hereto may designat~ any other address in s~bst~.,.~ ' _ ~u~.on' of the fcresoing addresses by civing five (5) days written notice to the 5~ - o .... r party hereto, of such substituted address· Notice given by or to the attorney ~ ~ ~ ~o, e.ther party shall be effective as if given by or to such party. 18. EURTMER ASSURanCES: Seller and Buyer agree that at any time, and from time to time, before and after the closing, they will on request of another part}', execute and deliver such further documents and do such further acts and thin~s as such other party may reasonably request in order to fully effectuate the intent and purposes of this Contract. ' 19 ASSr~'~=r~rTv · -= .......... : Buyer shall have the right and authority to assign this Contract and all of the Buyer's rights hereunder to any other person, partnership, corporation or other entity. Upon any such assignment being accomplished, such assignee shall succeed to all of the rights, privileges and obligations of Buyer hereunder and shall for all purposes be substituted for and be deemed to be the Buyer hereunder, after which the original Buyer identified in this Contract shall be relieved of all further responsibility and liability hereunder. 20. TIME IS OF THE ESSENCE: Time is of the essence of this Contract and each of the covenants and provisions hereof. 21. CLOSING DATE: The sale and purchase of the Property as described in this Contract shall be closed and the deed and all other closing papers executed and delivered on, or before at the option of Buyer, 30 days from the expiration of the Zoning Contingency Period. Said date and/or the act of closing is herein sometimes referred to as the "Closing' or "Closing Date". 22. OPTION TO CLOSE: Notwithstanding any other provisions of this Contract to the contrary, Buyer shall have the privilege and option of proceeding with and requiring that Seller consummate the closing without regard to whether or not any or all of the covenants, representations or warranties of Seller set forth in this Contract have been satisfied or confirmed as being true and correct. 23. PLACE OF CLOSINg: The sale and purchase of the Property shall be closed at the offices - of Quar!es & Brady, Barnet~ , ^~^,~ _ Suite 300, 4501 Tamiami Trail North, Naples, Florida 34103.1 ~~ 24. REAL ESTATE BROKER'S COI~4ISS~O]~: The parties warrant and represent to each other that they have no knowledge of any real estate broker or agent involved in this transaction nor of any commission due or to become due as a result thereof, except that due commission due John R. Wgod & Associates, Inc. on closing, which is the sole obligation of and shall be paid solely by Seller. Each party agrees to indemnify, defend and hold harmless each other party from any and all laws, damage, cost or expense, including reasonable attorneys, fees, which the other party may sustain or incur by reason of any claim for a commission by, through or under the indemnifying party. 25. ESCROW AGENT: A. The parties agree the Escrow Agent shall be Quarles & Brady, Barnett Center, Suite 300, 4501 Tamiami Trail North, Naples, Florida 34103. (the "Escrow Agent"). B. The Escrow Agent shall hold in escrow the deposit. If requested by Buyer, all cash received by the Escrow Agent shall be placed in an interest bearing account, and such account must allow withdrawal cf all funds upon one (I) day notice cr less. The interest earned on such funds shall be paid at such time that the Escrow Agent disburses the principal amount of the deposit, and the interest shall be paid to the Buyer, except in the case of Buyer's default. The Buyer shall be resmonsib!e for the expenses of such account. C. It is acreed the duties cf the Escrow Agent are purely ' m!n,s .... al in nature, and that the Escrow Agent shall incur no liability whatsoever except for willful misconduct or gross negligence so long as the Escrow Agent has acted in good faith. The parties release the Escrow Agent from any act done or omitted to be done by the Escrow Agent in good faith in the performance of the Escrow Agent's duties hereunder. D. If the parties be in disagreement about the interpretation of uhis Contract, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent }~ereunder, the Escrow Agent may, at its sole ,{~,,'~ i~,,~, f{lc ~,~ a~:l.~ol~ ],~ j~tc~l.,lu:~dcr to reuolve the said d]uogrcu,,,c~t. T}~c Eucrow Agcnt shall be i~demnified for all costs, .i~cl,:,{j~g rcauo,,ab]e attorney's fees, in connection with the aforcoaid interpleader action, and shall be fully pro~ec=ed in u~[,l,u~dj~g all or a part of its activities under this Contrac~ unt. i] a final j,~dg,nent ]n the interpleader action is received. E. 'l'hu Escrow Agent may consult with the counsel of its ow~l c}~oJcc u~d uha]l have full and complete authorization and ~'otuct.{o~ ~:- .,:~y ,~ct.~o:~ taken o~' s~ffered by it hereunder in good faJt]~ and ]n ,,cc~¥dance with the opinion of such counsel. The E:~,:,.~,w A%i=.,,I. ul,.~] I ~,tl,c,wiuc :~ut I)u liable for any mistakes of fact ,.,~' c~'~',,,' ,,L ']'~'~'3,,c~,~., o~' ~o~' a~y ~ctu of omissions of any ~:~l~;Ju ,~.~,,uc,~ 1,~, i[,~ wi I libel m~u(:()~,{,~cL ,):' ~rous negligence:. 9 NOV 1 0 1998 ~ : F. The Escrow Agent may resign upon ten (!0) days' written notice to the parties in this Contract. If a successor Escrow Agent is not appointed with said (I0) day period, the Escrow Agent may petition a court of competent jurisdiction to name a successor. G ~- !er · T.,_ Sel acknow!e~es that the Escrow Agent is the attorney of the Buyer, but that acting as escrow agent hereunder shall in no way be deemed or construed a conflict of interest. 26. PERSONS BO~D: This Contract shall be binding upon and shall inure to or othe,~wise accrue to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. Whenever the context permits, the singular shall include the plural, the plural shall include the singular and the use cf any ~ender shall include all other genders. 27. ENTIRE AGREEMENT: MODIFICATiOnS[ This Contract embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein, and all prior and contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Contract· Neither this Contract, nor any provision hereof, may be waived, modified, amended, discharced or terminated except by an inst~dment in '~ ' ' ' w.,t~ng signed ky the party against which ~nforcement of such waiver, modification, amendment, discharge or termination is sought and then only to the extent specifically set forth in such written instrument. 28. CAPTIONS: The captions and title of the various paragraphs in this contract are for convenience and reference only and in no way define, limit or describe the scope or intent of this Contract, nor in any way affect this Contract. 29. H~DWRITTEN PROVISIONS: Handwritten provisions inserted herein or attached hereto that have been initiated by the parties hereto shall control all typewritten provisions in conflict therewith. ' 30. ~~: To facilitate the execution of this Contract any number of counteroarts of this Contract maybe executed and delivered. ' 31. CONSTRUCTION OF CONT?~%CT: Each party acknowledges that all parties to this Contract participated equally in the drafting of this Contract and that it was negotiated at arms length. Accordingly, no Court construing this Contract shall construe it more strongly against one than another. 32. DATE OF CO!,~RACT: The date of this Contract shall be the date on which the Seller and the Buyer have signed this Contract, whichever date be the later· 33 PERIOD OF OFFEr: The :: ~ '--- · o~e~ or any counteroffer comprise~ by this instrument if revoked if not accepted and notice of zo i NOV 10i 998 t acceptance delivered to offeror, or ~ke counter cffercr as the case may be, by 5:00 ?.M. March 30, 1998. Offer and acceptance by Lacs~ ...... ~-~le transmission is bindinc. IN WITh~SS ~EREOF, the parties have entered into this Contract effective as of the date as defined in this Contract. WITNESSES: As to Buyer: BLFf ER: ,ho..,as M. Taylor -:c~-i'.'e=.~=.~ Date/Date sign,~oxy =uve~. March 30, 1998 -~. - ' '' (Inicial~ WITNESSES: As to Seller: SELLER: Steve Houston Effective Date/Date signe~y Seller: :.;arch 30, 1998 "',,~ (In.~ial) 11 NOV 1 0 1998 0013 0 000632 cer~ 1~ .it~t. i~ Collie: Coant7~ florida, ~outb, ~q. ~5 ZA~t. l~ ~I~58 ~, t~ said O:antor ~s hereunto bls ~d ~d seal the ~y ~d y~a: first ~e v:itten. Sig~ sealed ~ delivered ~0~ ~ ~uly autho~i~d in t~ ~tAte a~oreaaid ~ In the a~oreaaid to ta~e ackn~led~nt, ~.o~lly a~ar~ ~ the ~r~on de~crl~ in and who execut~ the l~t~'~nt and who ~ckn~ledg~ ~ore ~ that he execat~ the ~SS ~ h~d ~d o~ic~A~ ~eal in the Co~ty 7:.:£ EE.~£;:; LZ:'-'~:!-£2 ~-i.::2 ;F;~£F?':' YF=:-: ... .;-...:.....;:. .:-'FR.'.':";:.2. --"-.-= ='= ,~.~-~-.-, ~::.::.:E~=;.'..'._ .:..:;.'; :,:; /-.7J;£?£Z i:"::;7.. ?.;.':;Z;CY · '= ........... '...:~.. -' - -.:{, ~-.q:;3£ Li .-'-..;.ST, j ;'il;=.: ;-":;T'.', .:.i;;:Z/.., . ::.::ZT::;% LF 11.6 A2F. ES; .; .'-:FF.'..', ' c,;:- . .~:-..: : ·-'-, ::':.'";: . .:..~s: :;a:es, -'nc., .2 ;'.'/'!-;.; o:. ,' .:' '.-','*'. .; -'~ .... : .-Ti.. :.-:. · 'f'~'%'%<' '' ': 2' -~.;:.*' '.~.~Hi;. .'.i:'. 'f -pm ';.'r~:~2..c.~:rc -:' '.'til;~r 5..:.;..,., ;'lc;:-'.:: "-'; 77 1: :; ':::;Te:t:.' .;:~;e: -:. J.--c:;:=. 1:, ........... '- w ..... . .....- , .:ange 25 Ea: ~:, :~;: :. :.-:er .:1~.', ~z :;.:.s:r::.-:~. ;-. =:::.',:.:o :...-.ce.* 71-;02, 4O NOV 1 0 1998 ~A~SA~.% 5. 55~.FY, Cha;rman -2- r, lov 1 o TAMIAMI PROFESSIONAL CENTER PLANNED UNIT I)EVELOPMENT Prepared for: itole. Montes and Associates, Inc. Prepared by: ltolc, Montes and Associates, Inc. 715 Tenth Street South Naples. Florida 34102 (941) 262 - 4617 lIMA File No. 98.61 July. 1998 Revised October 1998 Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: 1998 TABLE OF CONTENTS I. STATEMENT OF COMPI,IAN.CE II PROPERTY O\¥~NERSHIP. LEGAL DESCRIPTION AND SHORT TITI, E. AND UNIFIED CONTROL III STATEMENT OF INTENT ..\ND PRO.IECT I)ESCRIPTION IV GENERAl, DEVELOPMENT REGI,'L:\TIONS V PERMITTED USES & DIMENSIONAL STANDARDS VI ENVIRONMENTAL STANDARDS VII TRANSPORTATION REQUIREMENTS VIII ENGINEERING AND UTILITIES REQUIREMENTS IX WATER MANAGEMENT REQUIREMENTS LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAl, PUD MASTER PLAN EXHIBIT B - LANDSCAPING AND WAI,L DETAIL CROSS SECTION FOR TRACT III NORTH AND EAST PROPERTY LINES NOV 1 0 1998 SECTION I S'FATEMENT OF CO.MPI.IANCE The development of l 1.57 acres ol'propcn>' in Section 15. 'l'ov, nship 4g South. Range 25 East. as a Planned Unit Development. to be known as the Tamiarni Professional Center Planned Unit Development. is in compliance xvitb the planning goals and obiectives of tl~e Collier Cot, aw Growth Management Plan based upon the following reasons: 1.1 The subject propen>' is located in an area identified as a Mixed Use t;rban Residential in the Future Land t;se Element of the Growth Management Plan for Collier Count)'. 1.2 The project is consistent with the provisions of Commercial Under Criteria 01'the 1989 Growth .Management l'lan and may also be lbund consistent v,'ith the proposed Commercial and Office Infill Subdistrict of the Future l.and t'sc Element of Ordinance 97-67. not >'ct adopted at the time of application for tlais Planned l'nit Development. 1.3 The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilities. 1.4 The project shall be in compliance with all applicable Count>>>' regulations including the Collier Growth Management Pkm. 1.5 The project will be sen'ed by a complete range of services and utilities as approved by the Count)'. 1.6 The project is compatible with adjacent land uses through the internal arrangement of structures, tile placement of land use buffers, and tile proposed development standards contained herein. 1.7 The Planned Unit Development includes open spaces and natt, ral features which are preserved from future development in order to enhance their natural functions and Io serve as a project amenit>'. 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System. as implemented by the Adequate Public Facilities Ordinance. 1.9 The proposed plan is consistent with I'olic>' 5.8 of the Collier Count.',' Growth Management Plan which permits care facilities within the Urban Designated :',,rea subject to regulations contained in the LDC with which the subject propert>' flfily complies. 1-I AGENI NOV 1 0 1998 SECTION II PROPERTY OWNERSI liP. I,EGAI. I)I",SCRIPTION ..\NI) SHORT TITI.E AND UNIFIED CONTROl. 2.1 2.3 2.4 Property Ownership: The subject property is under ccuntract for purchase to I tole. Montes and Associates and presently in the ownership of: Steve ttouston 1369 South Downing Street Denver. Colorado 80210 Leual Description: The south 200 feet ofthe southwest ~,q of Section 15. Township 48S. Range 25 E of Collier County Florida. less U.S. lti~hway No. ~,I (State Road No. 45). Short Title: This Ordinance shall be known and cited as thc "Tamiami Professional Center Planned Unit Development Ordinance". Statement of [?ni fled Control: It is the intent of ltole. Montes and Associates. Inc.. to establish a Planned Unit Development on 11.57 acres in Section 15. Township 48 South. Range 25 East. Collier County. Florida. The subject property is under unified control and ownership for thc purpose of obtaining PUD zoning. 2.5 Phvsical Description: The subject property is long and narrow. 200 x 2520. and is located just to the south of Imperial Golf Estates and north of Collier Reserx'e. and on the east side of U.S. 41. Soils for the subject property include seven (7) Immokalee Fine Sand. sevcmeen (17) Basinger Fine Sand, and thirty-nine (39) Satellite Fine Sand. The site drains into Horse Creek and the Horse Creek flowway will be maintained after development. Water quality treatment will be directed to grassed swales and detention areas prior to discharge into Horse Creek. 2-1 NOV 1 0 1998 Pa. SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 Introduction: It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the (..r'ollier County Land Development Code (LDC). The purpose of this document is to set forth guidelines, for the future development of the project, that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Pr0iect Description; The project is comprised of about I1.57 acres and is located 580 feet south of imperial Golf Course Blvd. on the east side of U.S. 41 in Section 15. Township 48 South. Range 25 East. Access to the project is provided by a connection onto U.S. 41 and shared access is contemplated with the adjacent property to the north, which will provide access to the three (3) tracts which are proposed for development. The project is intended to support a selected range of retail and office uses on 1.97 acres, and an Assisted Living Facility on 5.52 acres to meet the needs of the surrounding community. Land Use Plan and Proiect Phasine: mo The PUD Master Plan contains a total of six (6) tracts consisting of three (3) development areas, two (2) Conservation Areas and roadway area and are noted as follows: 'FABLE Tract I ! Retail 0.91 Tract II 1.06 Office t A.L.F. 5.52 Tract Ill Conservation Area I } Preserve 2.31 Conservation Area II } Preserve 0.22 Tract R [ Roadway 1.55 The Master Plan is designed to be flexible with ~he placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all ~ applicable requirements of this Ordinance. LDC and local, state and federal ~ permitting requirements. All tracts ma.,.' be combined or developed sel: ~ N0¥ 1 0 1998 3-1 t subject to compliance with thc applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Preliminary Subdivision Plat review process. Bo The anticipated time of build-out of the project is approximately three 13) 2,'ears beginning in 1999. ~IOV 1 0 1998 SECTION IX' GENERAl. DEVEI.OPMENT RFGUL:\TIONS The purpose of this Section is to set forth thc development regulations to bc applied to thc development and use of the Tamiami Professional Center Planned Unit Development and Master Plan. 4. I General: The following arc general provisions applicable to thc PUD Master Plan: Regulations for development of the Tamiami Professional Center Planned Unit Development shall be in accordance v,'ith the contents of this document, the PUD, Planned Unit Development District and other applicable sections and parts of the Collier Count,,' LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier Count.,.' 1. DC shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the de,"elopment of the Tamiami Professional Center Planned Unit Development shall become part of the regulations which govern the manner in which this site ma.,,' be developed. Do Eo All tracts identified on the PUD Master Plan ma.',' bc used for water management purposes and parking. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage: Clearing, grading, earthwork, and site drainage v,'ork shall be performed in accordance ~vith the Collier Count.,,' LDC and the standards and commitments of this document at the time of construction plan approval. .- 4-1 4.3 4.4 Easements for Utilities: Easements..`vhere required, shall be provided for water management areas, utilities and other purposes as may be required bv Collier Count,,'. All neccssan.' easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sen'ices and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. .~ Amendments to the Ordinance: 4.5 4.6 4.7 Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier Count.,,' I. DC. Project Plan Approval Requirements: Attachment "A". PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to. or concurrent with. PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All subdivision of property and the development of the land shall be in compliance .`.`'ith the subdivision regulations set forth in Section 3.2 ofthe LDC. Prior to recording of the final subdivision plat. ,,.`'hen required by the Subdivision Regulations set forth in Section 3.2 of the LDC. final plans ofthe required improvements shall receive the approval of all appropriate Collier Count.',' governmental agencies to ensure compliance .`vith the PUD Master Plan. the Count.`' Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3. Site Development Plans shall be applied to all platted parcels. Sunset and Monitorine. Provisions: The Tamiami Professional Center PUD shall be subject to Section 2.7.3.4 of the LDC. Time Limits for Approved PUD Master Plans and Section 2.7.3.6. Monitoring Requirements. Polline Places: Any community recreation/public building/public room or similar common facility located within the Tamiami Professional Center PUD ma.,,' be used for a polling place, if determined necessan.' by the Board of Count.',' Commissioners in accordance with Section 2.6.30 of the LDC. 4-2 NOV 1 0 1998 4.8 4.9 4.10 Native Vegetation Rctcnfion Rcquircmcnts: The project shall prcsep.'e native habitat, in accordance with provisions of Section 3.9.5. Vegetation Removal Protection. and Preservation Standards. of thc Collier County Land Development Code. Common Area M'aintenance: Common Area Maintenance. inc,)uding thc maintenance of common facilities, open spaces and the water management facilities shall be thc responsibility of the ovmers' association, together `.vith any applicable permits and conditions from applicable local. State. or Federal permitting agencies. Landscaping Requirements: All landscaping requirements, buffers. ',,.'ails. and berms shall be developed in conformance ,.vith requirements of Division 2.4 of the Collier Count.,.' LDC pertaining to landscaping and buffering: however, buffering along L'.S. 41 at the front ofthe property shall be at a twenty (20) feet minimum, and the side yard buffer requirements shall be fifteen (15) feet along the north and south property line for all tracts. Landscaping for Tracts l and II shall be ora similar plant material and composition. Furthermore, a landscape type B buffer shall be developed in accordance with LDC requirements along the north property line in areas adjacent to the proposed office building on Tract Il and an existing assisted facility located along the north property line. 4.11 Open Space and Common Areas: 4.12 4.13 The project shall meet or exceed the thirty (30) percent open space requirement setforth in Section 2.6.32.3 of thc LDC with the conservation and buffer areas depicted on the PUD Master Plan. Open space shall also include all pcn'ious green space with development parcels and lots. Signs: As provided for v.'ithin Section 2.5. Signs. of the Collier County LDC. floweret, signage for the commercial component Tracts l and Il and the ALF. Tract Ill. of thc project shall be unified into a common design theme. In addition. Tracts Il and Ill shall be permitted a ground sign at the tLS. 41 entrance ,,,.'ax'. Architectural Control: All site and building design shall conform to thc requirements of Division 2.8 ofthe Collier Count.,.' LDC to insure a t,nified architectural design and theme: however, parking will be generally developed as depicted on the PUD Master Plan for Tract I,Jhe re,il component of the project. 4-3 NOV I 0 1998 4.14 4.15 Parkintz In accordance with the requirements of Division 2.3 of thc I.DC and Section 2.6.26.1.2.3. Lightinq All lighting shall be screened from adjacent properties. Particular attention should be given to shielding all light from.adjacent assisted living facility to the north and residential development existing or taking place both north and south of the subject property. 4-4 NOV ! 0 1998 SEC'FION V PERMII'TED USES ANI) DIMI~NSIONA[. STANDARDS 5.1 5.2 Purpose: The purpose of this Section is to identify pcrn~iucd uses and development standards for areas v,'ithin the Tamiami Profe.ssional Center I'UD designated on Exhibit "A". PUD Master Plan for Tracts I. Il. Ill. and Conscr,,'ation Areas I and il. General Description: Tracts I. II. and IV, as shown on the PtJD Master Plan. are designed to accommodate a full range of principal uses. and accessor3' uses. The two Conservation Areas are to be left in their natural state. 5.3 The acreage of the tracts, depicted on thc PUD Master Plan. is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Preliminar?' Subdivision Plat submittal in accordance with Division 3.2 of the Collier Count,,' LDC. All tracts are designed to accommodate internal roadways, open spaces, water management facilities and other similar uses. Development of retail uses. authorized in Section 5.3 for Tract I. shall not be permitted, until such time as. the Future Land Use E~lement of Ordinance 97-67 of the Growth Management Plan providing for the Office and In-fill Subdistrict is adopted. In the interim, uses authorized by Section 2.2.12. Commercial Professional District (C-l) and Commercial Professional Transitional District (C-I/T). of the Land Development Code. as the.,.' exist as of the date of the approval of this PUD. shall be permitted subject to the requirement that the gross floor area of authorized office uses shall not exceed twenty- five (25.000) square feet. Permitted Principal Uses and Structures: No building or structure, or part thereof, shall be erected, altered or usc& or land used. in whole or part. for other than thc following: A.) Tracts I & II' All of:he Permitted and Conditional uses in the C-i and CI/T Zoning Districts of the LDC. in effect on the date of approval of this PUD. for Tracts I and Il. excluding: homeless shelters, and soup kitchens. Retail uses on Tract I are those permitted in thc C-2 District ofth~ in effect on the date ofapproval ofthis PUD. with the excep i'on-fi-~o~~ 5.4 5.5 follov;ing: Conditional Uses in C-2 District. gasoline service stations, and drive-in and fast-tbod restaurants. B.) Conservation Area I and II Permitted Uses 1hr Consc~'ation ..\rcas I and II. depicted on the PUD Master Plan. are limited to boardwalks, nature trails, and similar passive recreational uses. so as to retain these areas fundamentally in their natural state. C.) Tract Ill: Group Care Facilities (categ¢)ry I & II ): care units, subject to the provisions of Collier Count>' I,DC section 2.2.3.3.6: nursing homes: assisted living facilities pursuant to 400,402 F.S. and Ch. 58A-5 F.A.C.: and continuing care retirement communities pursuant to 651 F.S. and Ch. 4.183 F.A.C.: all subject to Collier County I.DC Section 2.6.26. Permitted Accesson' Uses and Structures -All Tracts: Accessory uses and structures customarily associated with the above permitted uses and structures, including vehicular garages or covered parking, except in Conservation Areas I and II. Accessory uses typically associated with ALFs. including common areas for food se~'ice, recreational uses, and administrative facilities. o Any other use which is comparable in nature with the foregoing uses and which the Development Sen'ices Director determines to be compatible. Dimensional Standards for Permitted [;scs: A.) Tracts I & II: 1. Minimum Lot Area: Fifteen thousand (15.000) square feet. 2. Minimum Lot \Vidth: One hundred (100) feet. 3. Minimum yard Requirements: ao Front Yard: Sixb' (60) feet for Tract I from thc U.S. 41 R.O.W., and twenty-five (25) feet for Tract II from the internal roadway edge ofthe pavement. b. Side Yard: Fifteen (15) feet. 5-2 NO. ~ t./r) !_ NOV 1 0 1998 c. Rear Yard: Zero (07 feet for Tract I interior to the project ,and twenty- five (25) feet for Tract II. Maximum H'eight: Thrc. e (3) stories or thirty-five (35) feet. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. Minimum Off-Street Parking and Off:Street Loading: As required in Section 2.3 ofthe LDC. Merchandise Storage and Display: Outside storage or display of merchandise is prohibited. Development Intensity: A maximum of fifteen thousand (15.000) square feet of retail ma,.' be developed on Tract I. A maximum oftwenty-five thousand (25,000) square feet ofoffiee use ma.,,' be developed on Tract Il. (See also Section 5.2 of this Ordinance.) Tract III: Minimum Lot Area: One (I) acre. Minimum Lot Width: Two hundred (200) feet. Minimum Yard Requirements: Front Yard: Fifteen (15) feet from the edge of pavement of the access drive exclusive of parking areas internal to the project. Side Yard: Twenty-five (25) feet. however, within the side yard uncovered patios, sidewalks, and walls six (6) feet or less in height may be permitted within fifteen (15) feet of the property line outside the landscape buffer area. c. Rear Yard: Twenty-five (25) feet. Maximum Height: One (1) story or twenty (20) feet. Minimum Off:Street Parking and Off-Street Loading: As required in Section 2.3, and Section 2.6.26.1.2.3 ofthe LDC. Building separation: One half(I/2) the sum of the building heil hts. 5-3 NOV 1 0 998 Dcvclopmcnt lntcnsity: A maximum floor area ratio of.45 is pcrmittcd l'or Assisted Living Facilities in accc, rdancc with the requirements of Section 2.6.26 of the I.DC. Prior to site clearing, a temporar5' construction fence will go up around the perimeter of the property for Tract Ill. l'pon completion of filling the site. the construction of the privacy ,,,,all xxill go up at the same time as construction of buildings along thc north and east property lines as depicted on F. xhibit B. the land.,capmg cross section. 5-4 IOV 1 0 1998 SECTION Vl EN\"I RONM F. NTAI. S'FAND..\RDS The purpose of this Section is to set forth thc environmental commitments of the project developer. 6.1 Two Conservation Areas are depicted on the PUD Master Plan and comprise 2.53 acres of native habitat to be retained a~d enhanced. 6.2 The petitioner shall be subject to the landscaping and buffering requirements of Section 2.4 of thc LDC. with expanded burr'ers as provided for herein in Section 4.10 of this Ordinance. 6.3 6.4 6.5 6.6 Petitioner shall be subject to Section 2.2.25.8.1 of the I.DC pertaining to archaeological resources in the event the.,,' are identified on thc property contained in the Conservation and Coastal Management Element Idiscover3' of a archaeological or historical site., artifact or other indicator of preservation }. Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. Native vegetation prescn'ation shall conform to the requirements of Section 3.9.5.5.4 the Collier Count.,,' LDC ,'md preserve areas shall be generally provided for as depicted 6n the PUD Master Plan. Adjustments tO the boundaries of the preservation area may be made at the time of Final Site Development Plan Approval in accordance with the standards of Section 4.5 of this Ordinance. 6.7 6.8 6.9 An exotic vegetation removal, monitoring and maintenance (exotic freel plan for the site. v.-ith emphasis on the conservatiort/prescrvation areas, shall be submitted to Currc, nt Planning Environmental Review Staff for review and approval prior to Final S!ite Plan/Construction approval. A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plarvconstruction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Sen'ice (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. \Vhere protected! species are observed on site. a Habitat Management Plan for those protected species shall be submitted to Current Planning EnX'ironmental Staff for review and approval prior to Final Site Plarv'Constructlon approval, t r,o ~~ ! 6-I ] NOV 1 0 1998 6.10 A Conse~'ation Easement shall be placed over the preserves and recorded on the plat (or~ by separate instrument if the parcel is not plattcd l with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or likely entity/'or ownership and maintenance responsibility and to Collier County with no responsibility tbr maintenance. .9 NO. NOV 1 0 998 SECTION VII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitn~cnts of thc project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 The road impact fcc shall be as set forth in Ordinance 9_-.. as amended, and shall be paid at the time building pemfits arc issued, unless otherwise approved by the Board of Count.,,' Commissioners. 7.3 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conlbrm with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745. Florida Statutes. 7.5 7.6 The single project connection to U.S. 41 shall be restricted to right-in"right-out turning movements and left turning movements for southbound U.S. 41 traffic, per FDOT approval. Shared access shall bc provided with the adjacent property to the north, provided the necessary, cross-easements can be obtained. 7.7 Arterial level street lighting shall be provided at thc project entrance. 7.8 This office encourages the applicant's pursuit of an access connection with the property to the north to alleviate access conflicts onto U.S. 41 North. 7.9 Evidence of an FDOT Connection Permit or a Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development order on the properly. 7-1 NOV 1 0 1998 .a. 8.2 SF.C'FION VIII UTII.ITY :',,ND ENGINEERING P,t!QUIRE.X. IENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities: Ao Co Se`.vcr and `.vater sen'icc shall be provided by Collier Count,,'. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project arc to be designed, constructed. conveyed, owned and maintained in accordance x,.ith (..'oilier Count,,' Ordinance No. g8-76, as amended, and other applicable ('t)untv rules and ret~ulations. All customers connecting to the v, ater distribution and sewage collection facilities to be constructed ,.','ill be customers of the (·ountv and ,,','ill be billed by the Count,.' in accordance with the County's establisiqed rates. Should thc'County not be in a position to provide water an&'or sewer, customers shall be customers o£ the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to sen'e the project. Appropriate easements for an.,.' project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County: Water-Sewer District. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97-017 or amendments made thereto and shall be approved prior to the issuance of development construction approval. Engineering: Ao Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department lbr review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Sen'ices Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County I.DC. 8-1 NOV 1 0 ~998 Co Do Subdivision ol'thc site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUI) Master Plan. The developer and all subseq.uent petitioners shall bc required to satisfy thc requirements of all Count.,,' ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. including but not limited to Preliminary Subdivision Plats. Site Development Plans and any other application that ,,,,'ill result in thc issuance of a final development order. 8-2 NOV I 0 1998 SECTION IX WATER ,Xl..\N:\GE.XlFNT R[!OUIRF..XI[!NTS The purpose of this Section is to set tbrth the water manauemcnt commitments of the project developer. ' 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Sen'ices Department for rcviev6 No construction permits shall be issued unless and until approval of the proposed construction, in accordance xxith tile submitted plans, is granted by the Development Sen'ices Department. 9.2 Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier County I,DC 9.3 Landscaping may be placed within thc xx'atcr manauemcnt areas in compliance with thei criteria established within .Section '~ " :; _.4.7..~ of the I,I5(_'. 9.4 The petitioner shall submit a cop.,,' of the SI:W.XlD permit application to Collier County,, Development Services Engineering Staff for review and comment. ,! 9-I AG r-- N~A. i T..E. M. ~0~ ~ NOV I 0 i1998 NOV 1 0 19 EXHIBIT "B" ENCORE SENIOR LIVING NAPLES, FLORIDA NORTH & EAST PROPERTY LINES TYPICAL TYPE "B" LANDSCAPE BUFFER EXECUTIVE SUMMARY PETITION NO. PUD-98-14, GEORGE L. VARNADOE. OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING GRANADA SItOPPES ASSOCIATES, I.TD., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GRANADA SHOPPES PUD FOR A MIXED USE COMMERCIAL DEVELOPMENT CONSISTING OF A MAXIMUM OF 390,000 SQUARE FEET OF GRO~SS FLOOR AREA INCLUSIVE OF RETAIL, OFFICE AND SERVICE LAND USES FOR PROPER'fY LOCATED AT THE SOUTHEASTERN QUAI)RANT OF TI IE INTF. RSI.~CTION OF U.S. 41 Al ID IMMOKALEE ROAD (C.R.. 846) IN SECTION 27, TOWNStI[P 48 SOIJ'FH, RANGE 25 EA~ T, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.2+ ACRES. OB,IECTIVE: This petition seeks to rezone certain lands located at the S.E. quadrant of North Tamiami Trail (U.S.'t N) and Immokalee Road (CR 846) from its current classification of"A" Rural Agricultural to "PU~'I' Planned Unit Development for commercial uses of the land. CONSIDERATIONS: The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (iR 846) comprising thirty-nine point two (39.2) acres of' land with frontage in excess of 1,000 feet alo ~g Tamiami Trail N. and Immokalee Road. The development strategy proposed describes a mixed use commercial development consisting of t ~e uses authorized by the C-4 zoning district with certain exceptions. A listing of the C-4 uses with tle exceptions noted as strike throughs is provided in the companion Planning Commission report. The property is located within the area designated for Urban-Mixed Use Activity C. enter purpos~ ~. Land uses allowed in designated "activity centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-I through C-5 permitted and conditionally approved land uses, or as other~vise approved by the Board of County Commissioners for bona fide commercial land uses otherwise not accounted for in the LDC. At 39.2 acres the project includes ali of the land designated "activity center". ~ Findings for consistency with applicable elements of the GMP advise that this project if approved would be consistent with the GMP. Rezoning findings described at length in staff, and CCPC repdrt are also supportive of an action to rezone the property as requested. Criteria upon which land use decisions are rendered is that they be compatible with surrounding latd uses. Compatibility means that they do not affect adjoining property in a harmful or negative mann¢r. It should be noted that no physical residential development is adjacent to Ibc subject pn ~,.,'~__,'ly ^~w~,,; ,NO. ~ NOV 1 0 i998 Residential uses in thc Pelican Marsh master planned comtnunity arc located several hundreds of feet removed from the boundary of the subject land. Existing commercial development is located in th other directions opposite thc subject property. The rezoning of this property as intended cannot be determined to be incompatible with adjacent lands. Insofar as that relationship applies to the larger community, it should be appreciated that compatibi ty in this context is a limited one, and singularly has to do with the potential for development to establ sh traffic conditions that are annoying to residents in the larger community, as may be the case with trat conditions at the intersection ofN. Tamiami Trail and Immokalee Road. This is an unavoidable res in an urbanizing region entirely dependent upon automobile ,,'chicles to transport persons, goods ahd services, particularly as this applies to impacts on major intersections. Nevertheless, the Collier County GMP provides for "l,evcls of Service" standards below which rczoning actions are not allowed to cause "LOS" conditions to Fall. Analysis for this relationship advises that thc required "I.OS" relationship is consistent with the TCEIto GMP. Therefore, compatibility from the perspective of the larger community is both unavoidable a~nd consistent with the only threshold we have .... The intensity of commercial development proposed by thc PUD regulation provides a maximum gn floor area of 390,000 square feet on 39.23 acres. This is the equivalent of I 0,000 square feet of fie area per acre of land and a floor area ratio off 0._.~. Collier Count,,,' or GMP provisions do r, O'" specifically address floor area ratios, nonetheless, staff has historically taken the position that 10,0! sq. fi. of commercial development for each acre of land is a reasonable rule of thumb in terms assessing intensity of land use for commercial developments. The intensity of use proposed by PUD is consistent with this rule of thumb. The Collier County Planning Commission heard this petition on October 15, 1998, and unanimously recommended approval of this rezoning petition. Several speakers addressed the CCPC. The two principal areas of concern expressed had to do with a suggestion to construct a county east-west ro~}d from Goodlette-Frank to the N. Tamiami Trail. and recommended conditions for approvals and mitigating potential impacts to Naples Park local streets from the proposed signalized' intersection ht 107t~ Avenue and U.S. 41. Both representatives of District 2 and Collier's Reserve urged that an east~wcst County road be constructed to link Goodlette-l:rank Road and U.S. 41. The CCPZ discussed this issue in some detail, including funding alternatives and construction timing, and concluded that it ,,vas not thc responsibility of the applicant to construct and fund a County road th~tt otherwise was not wan'anted by thc traffic volumes of the Granada Shoppes project. The CCPZ recommended that the Board of Count>' Commissioners find an appropriate mechanism to add proposed east-xvcst road to the County's Traffic Circulation Plan in order to address cost sharing (impact fee credits) with the Developer for said roadway. With respect to the proposed signalized intersection at 10T~ Avenue and U.S. 41, the CCPC heard comments suggesting that traffic impacts would occur on the Naples Park local street network if a full signalized intersection were installed at this intersection. ]'he CCPC recommended that the applicant ~S )r NOV 1 0 1198 work with the Naples Park representatives and Collier County Transportation Department sta '~to address access issues and possible solutions for reducing traffic impacts to the local street network. FISCAL IMPACT: This amendment by and of itself will have no tiscal 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 coIle:ts impact fees prior to the issuance of building permits to help off-set the impact of each 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 ewmt that impact fee collections are inadequate to maintain adopted levels of service, the County n provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMI'ACT: Petitions deemed to be consistent with all provisions of thc Growth Management Plan can not havel impact on the Collier County Grow'th Management Plan. This petition was reviewed for consister and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse imp; resulting from the adoption of this petition. ct Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to tlis development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical 4d Archaeological Probability as referenced on the official Collier County Probability Map:. Therefore, ~o Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-98-14, Granada Shoppes PUD be approved subject to the following conditions: 1. That the BCC consider appropriate mechanisms to add the proposed east-west roadway on the appropriate County roadway plan (Traffic Circulation Plan). That the Developer's offer to limit office building heights to 4 stories be accepted. That the applicant discuss 10Th Avenue access issues, and potential solutions with representatives and Collier County Transportation Department staff. ith Naples Par~: Ne, NOV 1 0 1998 R~I~ALD F. NINO, AICP CURRENT PLANNING MANAGER REVIEWED BY: DATE ~OI~RT J. M~ULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR A~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE PUD-98-14 EX SUMMARY/md NOV 3. 0 1998 AGENDA ITEM blEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNTNG COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SEPTEMBER 29, 1998 PETITION NO: PUD 98-14 GRANADA SHOPPES OWNER/AGENT: Agent: George L. Varnadoe, Esq. Young, vanAssenderp & Vamadoe, P.A. 801 Laurel Oak Drive, suite 300 Naples. FL 34108 Owner: Granada Shoppes Association, Ltd. 2640 Golden Gate Parkway, suite 115 Naples, FL 34105 (Details of Ownership Described by Application Document). REOUESTED ACTION; This petition seeks to rezone certain lands located at the S.E. quadrant of North Tamiami Trail (U.S. 41 N) and Immokalee Road (CR 846) from its current classification o£ "A" Rural Agricultural to "PUD" Planned Unit Development for commercial uses of the land. GEOGRAPHIC LOCATION. The property is located in the SE quadrant of Tamiami Trail N. (U.S. 41 N) and Immokalee Road (CR 846) comprising thirty-nine point two (39.2) acres of land with frontage in excess of 1,000 feet along Tamiami Trail N. and Immokalee Road (See illustration following page.) SURROUNDING LAND USE AND ZONING; Existing: The property has been actively farmed for many years. With the exception ora strip of land contiguous to both ImmnV.l,-,- and N. Tamiami Trail, no vegetation is present. NOV 1 0 199 I~"'~ ~ , I~'-" "~ ' ' ,., ~'~ J ~'-~ m ~.~ ~ , ~. z o_. ',.,,~ . . , l~l .I/--I ~,'-'"'-.r. " ' ' ,, j ,/ i i~ ~' ~.__.~)1,~,.~,~,, r / ,9.° !r-~,~.~ ~- Jj J"~ ' ii ,.;. ' ~l ,.,o. .., ;/ AGE,, ~ (,,.?,~ ~' .,, ...j~~-- NOV 0 Surrounding: North - To the north the property is bound by Immokalee Road. Opposite the property and north of Immokalee Road lies the Riverchase shopping center and undeveloped land, all of which is zoned "PUD" Planned Unit Development. All of the property opposite the north side of the subject property provides for retail and office development in the Collier Tract 21 PUD South - West - To the East lies undeveloped agriculturally t farmed land which is actively cultivated. The property is zoned "A" Rural Agricultural. The Creekside Commerce Park lies east of this agriculturally zoned land. To the South with one small exception the land is contiguous to the golf course system that makes up part of the Pelican Marsh PUD Master Plan. The land is zoned "PUD" Pelican Marsh. The exception land is vacant and zoned Agricultural. To the west lies N. Tamiami Trail (U.S. 41 N.). The west side of N. Tamiami Trail, opposite the project side is commercially developed with retailed and office land uses. This property is zoned C-3. PURPOSE/DESCRIPTION OF PROJECT.._ The development strategy proposed describes a mixed use commercial development consisting of the uses authorized by the C-4 zoning district with certain exceptions. A listing of the C4 uses is provided as follows with the exceptions noted as strike throughs: 2.2.15.2.1. Permitted uses. 1. Unless otherwise provided for in this code, all permitted uses in the C-3 commercial intermediate district except for the following uses: (i) Membership Organizations (8611-8699) (ii) Outdoor retail Nurseries, Lawn and Garden Supply Stores (526) (iii) Pawn Shops (5932) (iv) Group Care Facilities (v) Kiosk Vendors (vi) Retail Home and Garden Center (5211, 5251) I0. 11. 12. Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993, 7997, ~,onc~ ~..,,a~,,,. r'm,',n., · · ' , . ' Automotive dealers an · · · d gasohne service stations (groups 5511,553 I, 5541 with ,'7 services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only).. .......... a~ ......... ze, m.~g ~:hzt~' .... :.,. · Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog. Rental, 7389 except auctioneering, bronzing, field warehousing salvaging of'damaged merchandise. Commercial printing (2752, excluding newspapers). Communications (groups 4812-4841) including communications towers up to.! specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. AI[~ establishments engaged in the retail sale of alcoholic beverages for on-premise?i consumption are subject to the locational requirements of section 2.6.10. Engineering, accounting, research, management and related services (groups 8711- 8748). Glass and glazing work (1793). 13. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 14. Health services (groups 8051 -8059, ~(hospitals) 8071-8072 and 8092 8099). 15. Hotels and motels (groups 7011, 7021 7041 when located within an activity center). ' .__?g 17. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catchbasin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery, cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair.) 18. Miscellaneous retail (groups 5912-5963, 5992-5999). 19. Motion picture theaters (7832). 20. Public or private parks and playgrounds 21. Personal sen'ices (groups 7215, 7217, 7219-7261 except crematofies, 7291.7299).I 22. Real estate (group 6512). 23. Social sen'ices (groups 8322-8399. except for homeless shelters and kitchens) 24. [Reserved]. 25. Vocational schools (groups 8243-8299). soup 26. Any other general commercial use v,'hich is comparable in nature with thC foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. ~ The maximum gross floor area may consist of 300,000 square feet of retail and service useSi and 90,000 square feet ofoffice uses. GROWTH MANAGEMENT PLAN CONSISTENCY; ~ The property is located within the area designated for Urban-Mixed Use Activity Center purposes. Land uses allowed in designated "activity centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-1 through C-5 permitted and conditionally approved land uses, or as othe~'ise approved by the Board of Commissioners for bona fide commercial land uses othe~'ise not accounted for in the LDC. At 39.2 acres the project includes all of the land designated activity center. A consistency evaluation with applicable elements of the GMP advise as follows: Future Land Use Element - This petition is consistent with the FLUE because it propo: uses of land and it is located within an "activity center" designated area. Activity NOV 1 0 1998 Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed petition will generate approximatelyi 9,023 average weekday trips at build-out after "pass-by" trip adjustments are made. The estimated! p.m. peak-hour trip ends generated is 886 after trip adjustments. Year 2002 peak hour volumes were estimated using the growth rate established by the FSUTMS model which includes the: existing/committed road and intersection improvements. Based on this data, the site generated traffic' exceeds the significance test standard (5 percent of the LOS "C" design volume) on US41 and on' CR-846 after trip adjustments are made. However, this petition will not lower the level of service': below the LOS "D" standard within the project's radius of development influence (RI)I). Therefore, ,~ the project is consistent with Policy 5.1 &. 5.2 ofthe Traffic Circulation Element (TCE). The TCE lists US-41 as a 4-lane arterial road from the Lee Count)' Line to GulfPark Drive. US-41 is also a 6 lane facility south of Gulf Park Drive. The current traffic count for the segment fronting the project is 40,185 PSDT and is operating at LOS "B". the Peak Season Daily Traffic was based on the Peak/Annual Ratio shov,'n in the County's Transportation Planning Database. It should be noted that this road. se~ment~ is projected to be deficient by 2001. However, the 6 lane improvement of this segment ts scheduled for construction within the first 3 ,,'ear period and is considered a "committed" .' road improvement. In addition, Immokalee Road is a 4 llne road east of US-41. The traffic count for i' this segment is 30,536 and is operating at LOS "C". This seement is projected to be deficient by! 00.,. The planned and proposed ~mprovements within the projects RDI are required to ensure that 1 the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and i.4 ,: of the TCE. In view of the above findings the proposed rezone action is found to be consistent with TCE policies and objectives. Conservation and Open Space - Industrial and commercial developments are required to retain thirty (30) percent of their land area as open space. Section 2.11 of the proposed PUD provides that the development of the property will comply with Section 2.6.32 and Division 3.9 of the LDC relative to open space and retention of native vegetation. This will be accomplished through subsequent required approvals for Site Development Plans and platting approvals. Water. Sewer and Storm Water Managcmen! - The subject property is served by the County's sewer system and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process any approved plan will be required to be consistent with all relevant provisions of the LDC. NOV 1 0 1998 HISTORIC/ARCJIAEOLOGICAL IMPACT. Staf£s analysis indicates that the petitioner's property is located outside an area of historical an~ archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRAS~'RUCTURE The subject petition has been reviewed by 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 Transportation Ser,'ices Department staff. Staff recommendations arc included in the Development commitments sections of the PUD. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objectiv~ comprehensive ovcmiew of the impact of the proposed land use change, be they positive or negative~ culminating in a staff recommendation based on that comprehensive overt'Jew. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5. of the Land Development code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of Count.,,' Commissioners. Each of the potential impacts or considerations identified during the staff review arc listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, o~: compliance with mitigation. These evaluations are completed as separate documents and are attached. to the staff report. ~ Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action~ by appointed and elected decision makers. The evaluation by professional staff should typicallyi include an analysis of the petition's relationship to the community's future use plan, and whether or: not a rezoning action would be consistent with the Collier County Growth M'anagement Plan and all~, of its related elements. Other evaluation considerations should include an assessment of adequacy of~ transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities) and other:, infi'astructure (i.e. communi~, facilities and sen'ices) and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analvzinu the relationship of the rezoning action to the long range plan for future land uses. ' ' Relationship to Future and Existing Land Use,, - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management - All of the land which is the subject of this petition is located in an "Activity Center". County Future Land Use Element to the GMP advises that land located in an "activ intended to be used by land uses generally considered to be commercial, spanning the 6 ~ole range of' NOV ! 0:3998 land uses that are retail, service or office activities in nature. Activity centers were generally intended to be thc only geographic locations where non-residential land uses would be permitted in Collier County. In the absence of any regulation limiting the amount of non-residential land use activity that could occupy an activity center, generally most activity centers now developed or committed for, development include the entire land area of the "acti',:ity center", unless existing land use patterns the time the current FLUE was adopted prevented that from occurring (i.e., S. W. comer of N. Tamiami Trail and 111t~ Ave.). In other cases the owners of land made the decision that market conditions did not support the use of all the land for non-residential purposes. (i.e. SW comer of, Immokalee & eR 951.) The conclusion that can be drawn is that in the event the entire area ofthe SE quadrant ofN. Tamiamii Trail (U.S. 41 N.) and Immokalee Road (eR 846) is zoned for retail and office functions (i.e. 39.2 acres) that decision would be consistent with the FLUE to the GMP, notwithstanding the premise that some of the subject land may be used for residential purposes and still remain consistent with the FLUE. Additionally. an.,,' consideration of the potential uses to which land ma,,, be put as it relates to the FLUE to the GNI'P. and still be consistent, are previous decisions on nearl~y land which may affect theI market condition for that land. For example, any consideration to use part of the subject land forl residential purposes which is a permitted use in "activity centers" is adversely affected by the fact that "Creekside Commerce Park" a large industriaL/commercial development is located a shorti distance away. For the same reason existing residential property owners object to non-residential!' zoning actions near them, that same reasoning affects the potential of property to develop forl residential purposes ""'hen next to non-residential development, i Comnatibility Another important ..... ~ . _ - criteria for wh;ch land use dec~szons are rendered is that they be~i compatible with surrounding land uses. Compat:b:hty means that they do not affect adjoining property in a harmful or negative manner. It should be noted that no physical residential development; is adjacent to the subject property. : Residential uses in the Pelican Marsh master planned community are located several hundreds of feet removed from the boundary of the subject land. Existing commercial development is located in three other directions opposite the subject property. Clearly the rezoning of this property as intended cannot be determined to be incompatible with adjacent lands. Insofar as that relationship applies to the larger community, it should be appreciated that i compatibility in this context is a limited one, and singularly has to do with the potential for i; development to establish traffic conditions that are annoying to residents in the larger communiW, as may be the case with traffic conditions at the intersection ofN. Tamiami Trail and Immokalee Road. This is an unavoidable result in an urbanizing region entirely dependent upon automobile vehicles to transport persons, goods and services, particularly as this applies to impacts on major intersections. Nevertheless., the Collier county GMP provides for "Levels of Service" standards rezoning actions are not allowed to cause "LOS" conditions to fall below. 7 NOV 1 0 ~998/ Analysis for this relationship advises that the required "LOS" relationship is consistent with the TCE to GMP. Therefore, compatibility from the perspective of the lar~er community is both unavoidable and consistent with the only threshold we have. ,~ Another consideration is that of internal compatibility. Should it be argued that a portion of the land be residentially developed, that decision w6Uld result in a smaller amount of commercial development on the subject property. This being the case, one has to assess the viability ora smaller amount of commercial development with the residual going to a residential development, and the likelihood that such residential development will be compatible, and therefore likely to enjoy market success. In the opinion of staff residential development, given its juxtaposition between commercial development and Creekside Commerce Park, a typical industrial/commercial development would most likely have to target a moderate to Iow income residential household. While this is not intended to imply that housing in this area is therefore undesirable, nonetheless, this analysis would be deficient if it did not identi~, the most likely type of housing response that would result from i decision to limit the amount of commercial development in favor of a mixed commercial/residential development. Land Use Intensity - The intensity of commercial development proposed by the PUD regulation provides a maximum gross floor area of 390,000 square feet on 39.23 acres. This is the equivalent of 10,000 square feet of floor area per acre of land and a floor area ratio of 0.23. Collier County LDC or~ GMP provisions do not specifically address floor area ratios, nonetheless, staff has historically taken~ the position that 10,000 sq. ft. of commercial devel°pment for each acre of land is a reasonable rule of thumb in terms of assessing intensity of land use for commercial developments. The intensity of use proposed by the PUD is consistent with this rule of thumb. Traffic Analysis for consistency with TCE policies advised that this project will not have a, significant impact as measured by 5'CE policies and, is therefore, technically consistent. '~ Approval of this project will not cause Level of Service standards to be exceeded. In any event? should development not proceed to its fullest extent and "LOS" deficiencies arise there is ani.I established procedure for correcting said deficiencies or othenvisc establishing a moratorium on thel' issuance of building permits. Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff has reviewed the layout of the PUD Master Plan and finds the following: There are three proposed access points from US-41 and two off of lmmokalee Road. Since there is clear sight distance at these access points, the ingress/egress into the project should operate adequately. Therefore, this petition is deemed to be consistent with Policy 7.3 of the TCE. It should be noted that the final traffic circulation system design is subject to the Access Management Plan. The access will also be reviewed at the time of site development plan review (SDP) or preliminary subdivision plat review (whichever is required). It should be noted that Policy 9.3 of the TCE .eacll.ur. ag~ the interconnection of local streets between developments to facilitate the convenient movement throughout the local road networ~ Plan does not provide an interconnection with the adjacent properties, however, that not foreclosed because the access road on the most easterly frontage of Immokalee R 8 r Th~ Mn~ter AGENDA IT. EM oppo~un'T ,ad could very NOV well serve the remaining land sandwiched between this project and Creekside Commerce Park consisting of approximately twenty-two (22) acres. Transportation engineering stipulations contained within the PUD address the need to install turn lanes at all project entrances and for the developer to pay a proportionate share of the costs of required traffic signals. Utility. Infrastructure (i.e. Sewer. Water. Storm Water - Development occurring at this property wilil be connected to the County's sewer and water distribution system, evidence which further attests to the timeliness of developmcnt of property. All development must comply with surface wat~ management requirements invoked at the time of subdividing or approval of SDP's whichever firs~ occurs, Community Services Support Facilities - Both fire, police and other emergency services can be readily provided from the appropriate provider jurisdiction. The North Naples Fire District has submitted an application for Site Development Plan approval for a site recently rezoned to accommodate a fire station east of Goodlette-Frank Rd. This will place a fire station within one mile of the proposed Granada Shoppes development. Master Plan and PU'D Development Standards: Master Plarl - The master plan illustrates Land Development Code requirements relative to landscape buffers and water management facilities via a series of lakes..,~m internal roadway system serves to establish distinct building areas along the perimeter roads, and the main shopping center, further separated by a parking lot. Several ingress/egress points along N. Tamiami Trail and Immokalee road'~ will serve to diffuse traffic impacts on the arterial road system and impacts to internal buildingl blocks. PUD Re~lations/Development Standards - Section 2.17 and 2.18 specifically address a program! aimed at promoting a quality ,type of commercial environment. Section 2.17 requires a common architectural theme and a complimentary program for landscaping and signage to achieve a desirablei overall integration of all activities on the total site. The minimum setback from N. Tamiami Trail and Immokalee Road is forty (40) feet. Building heights will allow retail buildings a maximum of two-stories and office buildings six stories (not to exceed seventy-five (75) feet.) Office development is authorized throughout the PUD, and therefore, the impact of six story buildings on Immokalee Road and N. Tamiami Trial is a factor to be evaluated. Traditionally, staff has requested setbacks equal to one-half (1/2) the height of buildings adjacent the arterial road system. A forty (40) foot setback will accomplish this general rule. Standards relative to lighting, signage and landscaping are somewhat more restrictive than current LDC requirements primarily in the sense that their design content is more specifically addressed. NOV 1 0 1998 STAFF RECOMMENDATIOI~ That the Collier County Planning Commission recommend approval of Petition PUD 98-14 as described by the Ordinance of'Adoption and Exhibits therefor (i.e. PUD Document and Master Plan)! ,b F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: 0BLURT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ~/INCENT A. CAUTERO, AICP, ADlVI'INISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-14 Staff Report for the October 15, 1998 CCPC meeting. COLLIER COUNTY PLANNING CON~vI.ISSION: MIC~RUET, CHAmMAN PUD-98-14 STAFF REPORT/lo DATE 10 NOV 1 0 FINDINGS FOR PUD PUD-98-14 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning~ Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability .of the area for the txpe and pattern of development proposed in~ relation to physical characteristics ofihe land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. P_r.m (i) Location at a major County arterial road and a state highway impacted by commercial development at three corners of this intersection clearly is supportive of the commercial use of the subject land. (ii) traffic conditions which serve as a bench mark for determining the appropriateness ora rezoning action are present to support that action. (iii) A public utilities are in place to support the planned use of the land. (iv) Physical characteristics of adjacent land as represented by their use support a non-residential type of development. ~ (i) Intensification of development pauerns at major intersections tends to become congested to the point where highway users are further stressed or inconvenienced. ~ Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County re~lations. Any inadequacies which require supplementing the PUD document '.,.'ill be recommended to the Board of County Commissioners as conditions ot' approval by staff. Recommended mitigation measures Will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitabilitx of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Evaluation not applicable. AGE~ NOV 1 0 !998 ~r,.. ,, EM.tlJagl Documents submitted with the application PrOvide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objeetivesi! and policies of the Growth Management Plan. Pro: (i) The development strategy described by the PUD is structured to be consistent with ali applicable goals, objectives and policies of the GMP. ~ (i) None Els.fling; The subject petition has been found consistent with the goals, objectives policies of the Growth Management Plan. A more detailed description of this conformity. is addressed in the Staff Report. The internal and external compatibility of proposed uses, which conditions may' include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. ~ Pro: (i) PUD development standards acknowledge the applicability of LDC requirements which are aimed at achieving internal and external. compatibility. 0 Con.' (i) None ~ The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation or lands,ape buffers. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects by required landscape buffers and PUD development standards structured to achieve a compatible relationship. The adequacy of usable open space areas in existence and as proposed to serve the development. Evaluation not applicable. EJa.diagl The PUD recognizes the applicability of both open space and native vegetation which must be achieved during the development process. The timing or sequence of development for the purpose of assuring the available improvements and facilities, both public and private. 2 NOV ! o 1' 98 ,., Evaluation not applicable. ~ Timing or sequence &development in light ofconcurrcncy requirements is not a significant problem. All required public infrastructure is available to support this project. The ability of the subject propert2,.' and of surrounding areas to accommodate expansion. Pro/Con; Evaluation not applicable. Eiaflin~ Ability, as applied in this context, implies supporting infrastructure such as wastewatcr disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject properly is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Evaluation not applicable. Eiafliagl This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for commercial development and associated area requirements. FINDINGS FOR PUD-98.14tT, F'N/rnd N~ ~ NOV 1 0 1998 REZONE FINDINGS PETITION PUD-98-14 Section 2.7.2.5. of the Collier Coun.ty Land Development Code requires that the report and'! recommendations of the Planning Commission to the Board of County Commissioners shall' show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: e Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Managementi Plan. Evaluation not applicable. Summary Findings; The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staffreport addresses this same finding. The existing land use pattern; Evaluation not applicable. Existing: Surrounding: The property has been actively fanned for many years. With the exception of a strip of land contiguous to both Immokalee Road and N. Tamiami Trail, no vegetation is present. North - To the north the property is bound by Immokalee ~r Road. Opposite the property and north of Immokalee Road lies the Riverehase shoppingi center and undeveloped land, all of which is zoned "PUD" Planned Unit Development. All of the ~ property opposite the north side of the subject property provides for retail and office development in the Collier Tract 21 PUD East - To the East lies undeveloped agriculturally farmed land which is actively cultivated. The property is zoned "A" Rural Agricultural. The Creekside Commerce Park lies east of this agriculturally zoned land. No. ~ NOV 1 0 1998 e South - To the South with one small exception the land is contiguous to the golf course system that make~ up part of the Pelican Marsh PUD Master Plan. The land is zoned "PUD" Pelican Marsh. The exception land is vacant and zoned Agricultural. West - To the west lies N. Tamiami Trail (U.S. 41 N.). The west side of N. Tamiami Trail, opposite the project side is commercially developed with retailed and office land uses. This property is zoned C-3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Evaluation not applicable. Summa~. Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GM? FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, support the timing relationship and justify revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing. conditions on the property proposed for change. Evaluation not applicable. Summa~' Findings; The district boundaries are logically drawn and in part predetermined by the FLUE to the GMP. la"nether changed or changing conditions make the passage of the proposed amendment necessary. Evaluation not applicable. Summa~, Findingsl The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GM?) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood; Er.m (i) In view of the fact that currently no residential dev~ contiguous to the property there can be no adverse inflt adjacent neighborhood. ence on any ' NOV 1 0 1998 (ii) Development of this property for commercial uses should widen the opportunities available for goods and services and professional disciplines to sen'e the near by residential neighborhoods thus shortening travel times. Con.' Residents in the immediate residential neighborhoods (Collier Tract 22 and Naples Park) may perceive the increased traffic conditions resulting from increased commercialization as disruptive and inconveniencing their travel movements. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Additionally, to which there is no immediately adjacent residential development. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othenvise affect public safety. Pro: (i) All ingress and egress to the property, is ','ia a major arterial divided highways which provide for best management practices relative to turn lanes and there appropriate spacing. (ii) No traffic level of sen'ice will be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con'(i) Area residents typically find increased traffic intensity as annoying and disruptive of their expectations, an inevitable result of urbanization focused on the movement of persons, goods and sen'ices solely dependent upon automobiles. Summan' Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro: (i) The project design for storm water management will be accordance with Collier County requirements and the rules an of the South Florida Water Management district. :1 regula~a' NOV 1 0 1998 e 10. II. _Cam (i) Urban intensification potentially can heighten the occasion for area wide flooding under the most severe rainfall event. Summam' Findings: Every project approved in Collier County involving the utilization of land for some land use actMty is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Evaluation not applicable. Summary Findings: All projects in Collier Count.,,' are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect properD., values in the adjacent area; Pro: (i) Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the east side of the property because of its agricultural zoning classification. Other or/entations deal with similar land use, and therefore should have no detrimental effect on land value. .C..dall (i) None. SummaD' Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent properD' in accordance with existing regulations; Pro/Conl Evaluation not applicable. no ~ NOV 1 0 1998 12. 13. 14. 15. Summa~' Findings' The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. Summa~' Findings; The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the propern.' cannot be used in accordance with existing zoning; Pro/Con; Evaluation not applicable. Summars' Findings; The subject property is zoned Rural Agricultural. Rural agricultural zoning is a holding classification pending rezoning to a use of land consistent with the FLUE. Whether the change suggested is out of scale with the needs of the neighborhood or the Count3." Er_o. LC..o~ Evaluation not applicable. Summar)' Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the Count?,.' for the proposed use in districts already permitting such use. Evaluation not applicable. Summa~' Findings: This site is zoned Rural A~m-icuhural Whether or not there are other similarly zoned residential areas is irrelevant. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. 5 NOV 1 0 1998 PQ. ~ 16. The physical characteristics of the propert3' and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Evaluation not applicable. Summary Finding$~ The site will be altered to the extent necessary to execute the development strategy. 17. the impact of development on the availabiliW of adequate public facilities and seth'ices consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Evaluation not applicable. Summar?..' Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: .CdM~ as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. PUD.98.14 P~ZONE FI'NDINGS/md NOV 1 0 199~] PETITION NUMBER DATE APPbICATION FOR PUBLIC HEARING FQR ~ZONE AND CONDITIONAL USE REOUESTS PUD98- I RECEIVED SEP'O l 1998 Name of Applicant(s) Granada Shoppes Associates, Ltd., Applicant's Mailing Address 2640 Golden Gate Parkway, suite 115 city Naples State Florida Zip 34105 Applicant's Telephone Number: Bus.:(941)262-2600 Fax.: (941} 262-8017 Is the applicant the owner of the subject property? (a) If applicant is a land trust, beneficiaries below. XX Yes No so indicate and name (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. XX © If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. XX (d) (e) (f) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See Exhibit "A", attached (If space is inadequate, attach on separate page.) 2. Name of Agent Georqe L. Varnadoe, Esquire Firm younq, van Assenderp & Varnadoe, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida See Appointment of Agent attached as Exhibit "B". Agent's Telephone Number: Bus.: (941) 597-2814 Zip 34108 Fax.: (~3,) 597-1060 NOV 1 0 1998 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit four (4) copies of survey (1" to 400' scale). See Exhibit "C", attached. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 27 TOWNSHIP 48 South RANGE 25 Eas~ 7 o o 10. 11. Size of property ft. X ft. Acres 39.2 Address or location of subject property Southeastern quadrant Of the intersection of U,S. 41 and Immokalee Road Existing land elevation: County Flood Criteria Elevation: 8.5 feet 11.0 feet a o Date subject property acquired (X) or leased ( ): 14th day of November , 1988 Term of lease yrs./mos. bo If, Petitioner has option to buy, indicate date of option: ; and date option terminates: Does property owner own contiguous property to the subject property? If ' so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. THIS APPLICATION IS INTENDED TO COVER: you are requesting): (Check which type of petition XX A. REZONiNG: PRESENT ZONING ~griculture REQUESTED ZONING PUD FOR 300,000 qross square feet of retail (conununity shoppinq center) and 90,000 qross square feet of office use. B. CONDITIONAL USE OF ZONING FOR REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): Land is within an activity center desiqnated on the Collier County Comprehensive Plan and is desicFnate to accommodate commercial and office uses. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. YES XX NO NOV I 0 998 14. IS THIS REQUEST A RESULT OF A VIOLATION? NOTICE SERVED? No._ IF SO, TO WHOM WAS THE HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN TH~ LAST YEAR? IF SO, IN W~OSE NAME? NO, ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No. .. TYPE: CBS ., FRAME , MOBILE HOME OTHER AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER We, being first duly sworn, depose and say that we are the of 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, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. BOULEVARD PARTNERSHIP, a Florida partnership Its:~ Dated: OWNER: OCEAN BOULEVARD PARTNERSHIP II, a Florida partnership Its: ~ Dated: ~/~-/~ George L. Varnadoe, Agent SWORN TO AND SUBSCRIBED BEFORE ME THIS ~4~' DAY OF ~ Notary Public MY COMMISSION EXPIRES: , 1998. JOINT CONSENT AND APPOINTMENT OF AGENT This Joint Consent and Appointment of Agent is made this "~/.,day of/~(,$~K/" , 1998 by Newcaster Devcorp, Inc., a Florida corporation and OBP I Corporation, a Florida corporation (hcreinafter jointly rcfcrrcd to as thc "Panners"). WITNESSETII WHEREAS, thc Partners are the sole general partners of Granada Shoppes Associates, Ltd., a Florida limited partnership, established pursuant to the Florida Revised Uniform Limited Pannership Act, Section 620.101 et seq., Florida Statutes; and WHEREAS. Ocean Boulevard Partnership, a Florida general partnership, is a limited partner in Granada Shoppes Associates. Ltd.. and owns approximately 39~ acres of land (the "Property') located in Collier County. Florida. described in Exhibit "A" attached hereto; and WHEREAS. the Parlners and Granada Shoppes Associates, Ltd., intend to develop the Property, which will include obtaining a rezoning of the property to PUD and obtaining permits to develop, construct upon and improve the Property; and WHEREAS, the Panners have decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to rezone and develop the Property in the manner intended by the Partners, and to authorize said agent to act on their behalf with their full consent and authority to obtain development permits and approvals for the development of the Property, including the rezoning of the Property described in Exhibit "A" to PUD. NOW, THEREFORE, the Partners, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals for the development and rczoning of thc Property, jointly consent to the following: APPOINTMENT OF AGENTS I. George L, Vamadoe and the law firm of Young, van Assenderp 8,: Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, arc hereby designated and appointed the agent/representative of the Panners and of Granada Shoppes Associates, Ltd., a Florida limited partnership, with full authority to act on their behalf to perform all legal services related lo, and to supervise the preparation, submission, and review of an5' applications needed to obtain a rczoning and approval of the Panners' plan of development for the Property. 2. George L. Vamadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Partners and the Granada Shoppes Associates, Lid., a Florida limited partnership, with their full authority, before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Property described in Exhibit "A", including obtaining PUD zoning on the Property. These agencies or entities may include, but shall not be limited to, the following: ao and sub-units of Collier County. The Collier County Board of County Commissioners and all departmen)s, divisions AGENDA ITF-M b. The Southwest Florida Regional Planning Council. NOV 1 0 3998 c. The Florida Depa~tmenu of Community Affairs, Environmental P.[9.tcction, and Transportation. above, Associates, Ltd., have signed bclow. d. The Florida Game and Fresh Water Fish Commission. e. The Florida Secretary of State and all other Cabinet level offices and agencies. f. The Florida Land and Water Adjudicatory Commission. g. The South Florida Water Management District. h. The U.S. Army Corps of Engineers. AS EVIDENCE OF THEIR JOINT CONSENT AND APPOINTMENT OF THE AGENT named the Partners in their corporate capacities and as sole general panners of Granada Shoppes PARTNERS: NEWCASTER DEVCORP, INC. a Florida corporation BY:--W. 'D~las ~itt~,'its President as a Genera¥ Parmer (CORPORATE SEAL) OBP I CORPORATION, a Flor~oration Paul Marinelli, it~ President as a General Partner Dated: .~, [/vt /Cl ~o (CORPORATE SEAL) WITNESSES: f-~ignatur~x. ~ P~nt~d Name tnature Printed Name WITNESSES: Signature C~L W. ANDERSON Printed Name Signature MARCIA J. W1LHELM Printed Name NOV 1 0 1998 JOINT CONSENT AND APPOINTMENT OF AGENT This Joint Consent and Appointment of Agent is made this ~,"/ day of ~6U.g"f-' , 1998, by Ocean Boulevard Partnership, a Florida partnership, which has a mailiflg address of 2640 Golden Gate Parkway, Suite I I 5. Naples, Florida 34105 and by Ocean Boulevard Partnership Il, a Florida partnership, which has a mailing address of 2600 Golden gate Parkv,'ay, .Suite 200, Naples, Florida 34105 (hereinafter referred to as the "Owners"). WITNESSETH WHEREAS, the Owners own approximately 39.23 acres of undeveloped land (hereinafter referred to as the "Property") located in Collier County. Florida. which land is more particularly described in Exhibit A, attached hereto; and WHEREAS, the Owners intend to carD' out development on the Propcrty that will require changes to the current zoning of the property by Collier County. including havine the property rezoned as a Planned Unit Development (PUD). and ma)' require approvals or actions by other governmental entities or agencies of the State of Florida. thc ILS. Arm)' Corps of Engineers, and agencies of Collier Count)'; and x, Xq-tEREAS. the Owners are desirous of appointing an agent to represent them in preparing applications for, and obtaining any and all governmental approvals necessary to develop the Property in the manner intended by the Owners and to authorize said agent to act on the Owners' behalf with full authority to obtain all such approvals, including the rczoning ofthe Property described in Exhibit A to PUD and to represent the Owners in all dealings, negotiations, and hearings necessary to effectuate the de,.'elopment plan for the Property. NOW, THEREFORE, the O,.vners, in order to acknowledge their consent and to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals for thc rezoning and development of the Property, hcreb],' authorize and direct the follov.'ing: AI'I'OINTMENT OF A(;ENT The Owners hereby appoint George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoc, P.A.. whose address is 801 Laurel Oak Drive. Suite 300, Naples, Florida 34108, as the authorized and duly designated agent/representative ofthe Owners, with full authority to act on the Owners' behalf to perform all legal services related to and to supervise the preparation, submission and review of an), applications needed to obtain approval and implementation of the Owners' plan of development for the Property. George L. Varnadoe and the la,,,,' firm of Young. ,.'an Assenderp & Varnadoe. P.A., are authorized to act as agent for the Owners. with the full authority of the Owners before any and all governmental entities, and an.,,' agencies ofthe state and federal government as may be appropriate and reasonably related to obtaining approval ofproposed develop: hen: NOV 1 0 1998 Property, including obtaining PUD rezoning on the Property. The agencies or entities before whom the agent is authorized to represent the Owners' interests may incl.ude, but shall not be limited to the following: ao The Collier County Board of County Commissioners and all departments. divisions and sub-units of Collier County. b. The Florida Game and Fresh Water Fish Commission. The Florida Secretary of State and all other Cabinet-level offices and agencies. d. The Southwest Florida Regional Planning Council. The Florida Departments of Community Affairs, Environmental Protection and Transportation. f. The Florida Land and Water Adjudicatory Commission. g. The South Florida Water Management District. h. The U.S. Army Corps of Engineers. AS EVIDENCE OF ITS JOINT CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owners have signed this appointment and placed its seal below. ~qTNESSES: Signature '-7 · Printed Name Signature L Zo- tb' bb Printed Name OWNER: OCEAN BOULEVARD PARTNERSHIP, a Florida partnership Its: ~ Dated: ~/~?/qoa (CORPORATE SEAL) WITNESSES: $igna~.~re ~'uo~d L. rn~ Printed Name OWNER: OCEAN BOULEVARD PARTNERSHIP II, a Florida partnership Its: Dated: (CORPORATE SEAL) NOV 1 0 1998 CF. RTIFICATE OF AMENDMENT TO CERTIFICATE OF I,IMITEIr) PARTNERSHIP OF FLORIDIAN TOWN CENTER ASSOq'IATES. LTD, a Florida limited partner~hila FLORIDIAN TOWN CENTER ASSOCIATES, Ltd.. a Florida limited partnership. existing under the lav,'s of the State of Florida. pursuant to the provisions of Section 620.109 of the Florida Statutes, amends its certificate of limited partnership, filed on May 5, 1998, now of record in the office of the Department of State. in the following respects: Subsection I. 1.2 of thc certificate of limited partnership which nov,' reads as follows: I. 1.2 Name. The name of thc Partnership shall be FI.ORIDIAN 'l OWN CENTER ASSOCIATES, Ltd., a Florida limited partnership". Except as may be approved by the General Partners, the business of the Partnership shall be conducted solely under such name and all assets of the Partnership shall be held under such name. is amended to read as follows: I. 1.2 Name. The name of the Partnership shall be "GIL,\NADA SHOPPES ASSOCIATES, Ltd.. a Florida limited partnership". Except as may be approved by the General Partners, the business of the Partnership shall be conducted solely under such name and all assets of the Partnership shall be held under such name. This amendment to the certificate of limited partnership is adopted by all of the members of the limited partnership, to be effective on the filing of this amendment for record in the office of thc Department of State of the State of Florida. and on such filing to become a provision of thc partnership agreement and of the certificate of limited partnership. in Witn.~ss Whereof. the undersigned have executed this certificate ofamendment on August '7~1.~. 1998. NEWCASTER DEVC/.O,,RP. INC.. a Flor~orati~(,~ as General Partner OBP ! CORPORATION, By: Its Pre~ide~ as a General Pa~ner OCEAN BOULEVARD PARTNERSHIP a Florida general partnership as a Limited Panner IMM-41 ASSOCIATES, LTD. a Florida Limited partnership By its General Partner/q New~vco~ ~~~da Corporation W. 15ouglas Pine~ Its President as a Limited Pa/'tner F:~USERSLDPi~COLLIE R',GRANADA AMT NO.~ NOV 1 0 7998 GRANADA 8HOPPE$ OWNERSHIPS Oc~n Bolllevqrd Psrtner~hio 1I Lamar Gablo Citrus: Sproul PeJ'tnership Barton Collier IV Il'rev. Trust Alexander E. Collier Irrev. Trust L~a C. Collier Irrevocable Trust OtlP I Corporation Lamar Gable Frances G. Villere Juliet C. Sproul Ban'on Colll,'r OFFICERS Paul J. Marinelli David K. Borden Bradley A. Boa. z L,~mar Gable Ban'on Collier 1211 luliet C. Sproul Frances O. Villere NrwcOster Devlcorta, Inc, W. Douglas Pitts Pan Thomas Cot~rtel{s ' OFFICERS W. Douslas Pitts Pan Thomas Counelis Elias Vassilaros James Kurps Douglas H. Pridgen 50% 37.5% 6.25% 6.2.5% 50% 37.5% 6.25% 2.0933% 2.0§33% 2.0933% 50% 37.5% 6.25% 6.25% President Vice Presidr,I Sgretary & 'l're. asm er Executive Vice P~ e~iclent nnd Db'er, to~ Executive Vic, c l'~ Ex~utive Vice 1'~ Presid~nl Vice Vice Prcsidcld Secretary Treasurer AGE NOV 1 0 1998 DEPARTMENT 'Helping Floridians LAWTON CHILES .I Ut 1 .'t 1998 OF COMMU ilY create safe, vibrant, sustainable communities' JAMES F. MURLEY July I 0, 1998 C. Laurence Keesey, Esquire Young, van Assenderp & Varnadoe, P.A. Post Office Box 7907 Naples, Florida 34101-7907 Re: Ocean Boulevard Partnership 39 Acre Parcel Clearance Letter Request, File No. CL-988-061 Dear Mr. Keesey: We have completed the review of your letter dated June 23, 1998, on behalfof Ocean Boulevard Partners (OBP), requesting a Clearance Letter determination from the Department regarding the Development of Regional Impact (DP, I) status of a 39-acre parcel located in the southeastern quadrant of the intersection of U.S. 41 and Immokalee Road in Collier County, Florida. According to the information you provided, the development of the 39-acre parcel will consist of 300,000 square feet of retail/commercial space on 31.75 acres and 90,000 square feet of office space on 7.48 acres. The retail/commercial portion of the development would reach 75% of the square feet threshold and 79.4% of the acreage threshold. The office portion of the development would reach 30% of the square feet threshold and 25% of the acreage threshold. Further, as a multi-use development, the sum of the retail/commercial and office threshold percentages remch ordy 105 (by square feet) a.,~d 104.4 (by acreage) which are both less thc. an 80% of the multi-use tb:eshold. Specifically you have asked, considering the development parameters presented above, if the development of OBP's 39-acre parcel will be required to undergo review and obtain approval as a DKI pursuant to Section 380.06, F.S. Section 380.06(2)(c), Florida Statutes (F.S.), provides that the Department shall a!eply the guidelines and standards which were in effect when the developer received authorization to commence development from the local government. 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 3239 Phone: 850.488.P, 466/Suncom 278.8466 FAX: 850.cJ:~l.0781/Suncom 291.07 Inlernet address: ht~p:/Iwww.slale.tl.uslcomaffldca.html Section 380.06(2)(d), F.S., and Rule 28-24.014, Florida Administrative Code (F.A.C.), provide that development that received authorization to commence after October 1, 1985, which is at or below 80% of all numerical thresholds in the applicable guidelines and standar. -2100 ' NOV101998 :XIOA ~::C~ n ~'fK] fO Mr. C. Laurence Keesey July 10, 1998 Page Two not be required to undergo DR] review; a development that is between 80% and 100% of any numerical threshold is presumed not to be required to undergo DRI review; a development at 100% or between 100% and 120% of any numerical threshold is presumed to be required to undergo DR] review; and a project which is at or above 120% of any numerical threshold in the applicable guidelines and standards shall be required to undergo DR] review. Rule 28-24.020, F.A.C., Office Development, provides, in part, for any office building or park under common ownership, development plan or management, the DPd threshold is 300,000 square feet of gross floor area or 30 or more acres. Rule 28-24.031, F.A.C., Retail and Service Development, provides, in part, for any retail, service or wholesale business establishment or group of establishments which deal primarily with the public onsite, the DRI threshold is 400,000 gross square feet, 40 acres, or 2,500 parking spaces. Rule 28-24.032, F.A.C., Multi-Use Development, provides, in part, that the threshold for any proposed development with two or more land uses is where the sum of the percentages of the appropriate thresholds for each land use in the development is equal to or greater than 145%. You also asked for a determination as to whether the development of the 39-acre parcel would be considered a unified plan of development with Creel<side Commerce Park PUD, pursuant to the criteria in Section 380.0651(4), F.S., since the same persons have ownership or significant equitable interest in both developments and they are physically proximate. According to the information provided, there is no common development effort, no master plan or series of plans or drawings covering the two developments has been submitted to a local general purpose government, the developments will not voluntarily share infrastructure, and each development is independently marketed and advertised. Section 380.0651(4), F.S., provides, in part, that two or more developments, represented by their owners or developers to be separate developments, shall be aggregated as a single development if they are determined to be part of a unified plan of development and are physically proximate. Section 3g0.0651(4), F.S., also provides, in part, that two of the following criteria must be met to determine there is a unified plan of development: the same person has ownership or a significant legal or equitable interest in the developments, there is an indication of common development effort, a master plan or series of plans or drawings exists covering the developments sought to be aggregated which have been submitted to government entities for authorization to commence development, there is voluntary sharing of infrastructure, or there is a common advertising scheme or promotional plan. NOV 1 0 1998 Mr. C. Laurence Keesey July 10, 1998 Page Three Based on the information provided, the Department concludes that the development of the 39-acre parcel does not exceed g0% of the applicable thresholds pursuant to Section 3 g0.0551, F.S., and does not meet the aggregation criteria pursuant to Section 3 $0.0551 (4), F.S. Therefore, the pro.~ect would not be considered a unified plan of development with Creekside Commerce Park PUD and will nol be required to undergo DRI review. Please be aware, however, that the conclusions of this letter represent an informal determination. The Department has no independent confu-mation of the assertions provided in your letter and therefore reserve~ all fights pursuant to Chapter 380, F.S., concerning this development. Further review of the project may be required if the developer's plan represented above is materially changed or if additional changes are proposed. If you have any questions or comments concerning this matler, please call Bernard Piawah, Planning Manager, or Mark Mark'wood, Planner II, at (gS0) 497-4545. Sincerely, Po~ Bureau of Local Planning JTB/mm CC: Dan Trescott, DRI Coordinator, Southwest Florida Regional Planning Council Robert .L Mulhere, Planning Services Director, Collier County AG E I~l~ ITEM. 2 4 ~0 ORD:NANCE,,.."' AN ORDIUANCE A2~.E~;DiNG ORDINANCE ::U~{BER 91-102 THE COLLIER ~OU,":-v.. '_~.,,D-" DEVELOPMEU? CODE WHICH -'NCL'JDES THE C~M~REHEUSiVE ZONING REGU~TIONS FOR THE UNINCORPORATED AREA CF COLLIER COUNTY, FLORIDA BY ~ENDING THE OFFICIAL ZONiUG AT~S ~P NUMBER 8527N; BY CHANGING THE ZONING C~SSIFICATION OF TME HEREIN DESCRIBED REAL PROPERTY FROM "A" RU~L AGRICULTURE TO "PUD" P~NNED UNiT DEVELOPMENT KNOWN AS G~NADA SHOPPES PUD FOR A MIXED USE CO~ERCIAL DEVELOPMENT CONSISTING OF A ~IMUM OF 390,000 SQUARE FEET OF GROSS FLOOR AREA INCLUSIVE OF RETAIL, OFFICE AND SERVICE ~UD USES FOR PROPERTY LOCATED AT THE SOUTHEASTERN QUAD~NT OF THE INTERSECTION OF U.S. 41 AND IMMO~LEE ROAD (C.R. 846), iN SZCTIOU 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUHTY, FLORIDA, CONSISTI~G OF ~9.2~ ACRES; AUD BY PROVIDING AN E~F~CTIVE DATE. WHEREAS, George L. '.'arnacce cf Tcung, van Assenderp & ';arnadoe, P.A., representln~ Granada Shoppes Associates, L~d., petitioned the Board cf Csunty Ccmr~lss~oners to change the zoning ~iass~flca~isn of the ~erein described real property; TOW, THEREFORE BE IT GRDAiNE2 Dy the Board of County Ccr~.Isslcners cf Cell;er County, SECTION ONE: '11 :32 33 ~4 37 38 The zoning ' ,'~- -' c~ass .... a~zcn of :he herein described real prcper~y located in Section 27, Township 48 South, Range 25 Collier County, Florida, is changed from "A" Rural Agriculture "PUD" Planned Un~: Developmen~ in accordance with the Granada Shoppes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning A~las Map Uumber 8527U, as described in Ordinance Number 91-102, the Coli;er County Land Developmen~ Code, is hereby amended accordingly. SECTION TWO: 40 This Ord:nance shall become effect:ye upon filing with the 4~ Department cf State. 42 43 44 4S -1- NOV 1 0 1998 , $ 2o 26 2~ PASSED AND DULY ADOPTED by the ~oard of .County Commissioners of Collier County, Florida, this -- day of , 1998. BOARD OF COUNTY COMMISSION£RS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form ano Legal Sufficiency Mar~oOe M. Student Assistant County Attorney NOV 1 0 1998 GRANADA SHOPPES A PLANNED UNIT DEVELOPMENT PREPARED FOR GRANADA SHOPPES ASSOCIATES LIMITED AUGUST, 1998 Exhibit "A" NOV 1 0 1998 Granada Shoppes A PLANNED UNIT DEVELOPMENT 39.23+ Acres Located in Section 27 Township 48 South. Range 25 East Collier County, Florida PREPARED FOR: GRANADA SHOPPES ASSOCIATES LIMITED PREPARED BY: x3,qLSON, MILLER, BARTON & PEEK. ~'C. 3200 Bailey Lane. Suite 200 Naples, Florida 34105 and YOUNG vanASSENDERP & VAFLNADOE 801 LAUREL OAK DRIVE SUITE 300 NAPLES, FL 34101-7907 t0,1791~..~8!l'~a VO 02'.9,'AIL'~OLD DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 8/28/98 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION !I PROJECT DEVELOPMENT 2.1 Purpose 2.2 General Description &the Project and Proposed Land Uses 2.3 Compliance with Count>' Ordinances 2.4 Land Use Summary 2.5 Lake Siting 2.6 Fill Storage 2.7 Use of Right-of-Wa.v 2.8 Sales Office and Construction Office 2.9 Changes and Amendments to PUD Document or PUD Master Plan 2. I 0 Prelim inary Subdivision Plat Phasing 2. I I Open Space and Native Vegetation Retention Requirements 2.12 Surface Water Management 2.13 Environmental 2.14 Utilities 2.15 Transportation 2.16 Common Area Maintenance 2.17 Design Guidelines and Standards 2.18 Landscape Buffers, Berms, Fences and Walls 2.19 Signage 2,20 Public Places 2.20 General Per'miRed Uses SECTION III COMMERCIAL DEVELOPMENT 3. l Purpose 3.2 General Description 3.3 Permiued Uses and Sections 3.4 Development Standards EXHIBIT A GRANADA SHOPPES PUD MASTER PLAN (WMB&P File No. E-0690-008) EXHIBIT A- I EXHIBIT A-2 EXHIBIT A-3 SHOPPING AREA PEDESTRIAN WAY PARKING AREA PEDESTRIAN WAY PERIMETER PEDESTRIAN WAY EXHIBIT B LEGAL DESCRIPTION PAGE ii iv 1-1 2.1 3-1 Vet fl2,.~A'ARNOLD ~ 0~90-001 -~00-PJlRj1D- 2213 ) NOV I 0 1998 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Granada Shoppes Associates. Ltd.. hereinafter referred to as the Developer. to create a Planned Unit Development (PUD) on 39.23+ acres of land located in Section 27, Township 48 South. Range 25 East. Collier Count)', Florida. The name of this Planned Unit Development shall be Granada Shoppes. The development of this site will be in compliance with the planning goals and objectives of Collier Count).' as set forth in the Growth Management Plan. Thc development will be consistent with thc policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for thc following reasons: The subject property is within the Urban Commercial District. Mixed Use Activity Center Subdistrict as identified on the Future Land Usc Map. This District is intended to accommodate the majority of ali new commercial zoning in the Count.','. The Mixed Use Activity Center Subdistfict boundaries are flexible, and the boundaries as shown of the FLUE Map ma.,,' be modified through the use of the Master Planned Activity Center designation where thc Developer maintains unified control of a majority of a quadrant in a Mixed Use Activity Center. The Developer owns the entirety of the Southeastern quadrant of Mixed Use Activity Center #2 and the proposed project boundaries represent the use of the Master Planned Activity Center concept. Thc proposed development is consistent with both the existing Collier County Comprehensive Plan and the recently adopted plan amendments. Under the existing Plan. the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which encompasses at least one full quadrant of a designated activity center. The pertinent plan provisions specifically allow flexibility in the boundaries, mix and location of uses permitted within an activity center, including the modification of the square configuration. Thc recently amended comprehensive plan provides the property with flexibility in the boundaries, mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. The Plan provides that 100% of the acreage within the activity center is eligible for commercial uses. Granada Shoppes is compatible with and complementaxy to existing and zoned futme land uses surrounding the project as required in Policy 5.4 of the FLUE. Site and building improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. unless and to the extent amended herein. o The des'elopment of Granada Shoppes will result in a well-designed commercial project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3. I.E and F oft he FLUE. The development of Granada Shoppes will be designed in a manner consistent with Objective 7, Policies 7.1,7.2, 7.3 and 7.5, which address access management, on-site traffic and pedestrian circulation, and compliance with the Collier Count>, Streetscape Master Plan. Granada Shoppes does not meet the minimum thresholds for a Development of Regional Impact (DPd), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or below 80% of all numerical thresholds for retail commercial, office and multi-use development pursuant to the guidelines and standards set forth therein. The Florida Department of Community Affairs (DCA) has reviewed and issued a clearance letter for the project. The de,,elopmcnt of Granada Shoppes will result in an efficient and economical extension of community facilities and services as required in Policies 3. I H and I. of the Future Land Use Element. The Granada Shoppes will be developed consistent with the Collier Count3' Access Management Plans, as required in Section 2.6.38 of the Collier County Land Development Code. Granada Shoppes has received a waiver from the historical/archeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for conhaining histofical/archeological artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archeological site, significant artifact, or other indicator occur during site development or building construction. iii SHORT TITLE This ordinance shall be known and cited as the "GRANADA SHOPPES PLANNED UNIT DEVELOPMENT ORDINANCE". N(~ 9~-00$-0OO.PPLrD.~2111 JV NOV I 0 1998 I 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE 1.2 The purpose of this section is to set forth the legal description and ownership of Granada Shoppes, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION Please refer to Exhibit "B". 1.3 PROPERTY OWNERSHIP I 1.4 The subject property is currently under the equitable ownership or control of Ocean Boulevard Partnership. a Florida partnership, or its assigns, whose address is 2640 Golden Gate Parkway Suite 115, Naples, FL 34105, and Ocean Boulevard Partnership II, whose address is 2600 Golden Gate Parkway. Naples, F! 34105. GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by U.S, 41 and commercially developed property. To the south lies the Bay Colon)' Golf Course, which is part of the Pelican Marsh DR]. To the east lies Agriculturally zoned and utilized property. Immediately north lies lmmokalee Road, and commercially designated and developed Riverchase Shopping Center, which is part of the Collier Tract 22 DR]. Bo The zoning classification of the subject property at the time of PUD application is A (Agricultural). I Co Do Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986. the Granada Shoppes property is located within Zones "AE-I I" ofthe FEMA flood insurance rate map. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand. Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Rivieria fine sand, Ft. Drum and Malabar fine .sand, and Satellite fine sand. NOV 1 0 1998 % 1-2 Eo F° Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods along the north and west boundaries with var),ing degrees of Brazilian Pepper infestation. The project site is located ~ithin the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July 1995). The South Florida Water Management District has required off-site discharge to the Pine Ridge Canal. NOV I 0 1998 2-I 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Granada Shoppes, and to identify relationships to applicable Count,,' ordinances, policies, and procedures. GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES Granada Shoppes is a 39.23 acre mixed use retail commercial and office development which ,Mil consist of general and specialty retail shops, restaurants. business and professional offices, and financial institutions. Granada Shoppes shall establish project-wide guidelines and standards to ensure a coordinated and consistent level of qualiv:' for proposed features and facilities. The PUD Master Plan is illustrated graphically on Exhibit A (X,~fMB&P. Inc. File No. E-0690-008). A Land Use Summary indicating approximate land use acreages is shov,'n on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Coun.ty development approvals in accordance with the Collier Count>' Land Development Code (LDC). Co The Project shall contain a maximum of 300.000 square feet (gross building area) of retail commercial uses and a maximum of 90.000 square feet (gross building area) of office uses. COMPLIANCE WITH COUNTY ORDINANCES Ao Regulations for development of Granada Shoppes shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance and applicable sections of the LDC, which is in effect at the time of issuance of any development order. Where this PUD Ordinance does not lrrovide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Bo Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. lO~'l.~la~l]4 &,*er 0~.'*'I~'AKNOLD NO690-OOl.OOO- ppL'D. 221 NOV 1 0 1998 2-2 2.4 Co Development permitted by the approval of this PUD gill be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Do All conditions imposed herein or as represented on Granada Shoppes Master Plan are part of the regulations which govern the manner in which the land may be developed. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3,6. LAND USES Bo 2.5 LAKE A. The location of land uses and general project configuration are shown on the PUD Master Plan. Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of Count).' development to accommodate utilities, topography, vegetation, and other site and market conditions. subject to thc provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of Count' development approval. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final County development approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the Count3'. Standards for roads shall be in compliance with the applicable provisions of the Count' LDC, unless otherwise approved during Count), development approval. The Developer reserves the fight to request substitutions to Code design standards in accordance with Section 3.2.7.2. of'the LDC. SITING, EXCAVATION AND SETBACK REQUIREMENTS As depicted on the PUD Master Plan. lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development, The goal of this Master Plan is to achieve an overall aesthetic character for the project by designing the surface water management system lakes as an integral feature of the project, and to utilize the lakes as a waterfront amenity for the public as well as tenants of the project. In that regard, exceptions from slopes and setbacks ma)' be requested duv plan review process. NOV 1 0 1998 2-3 Fill material from lakes is planned to be utilized within the project site; however, excess fill material may be transported off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional material from the project site, a commercial excavation permit will be required. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and ma.,,' use combinations of vertical bulkheads (rock. concrete, wood), vegetation and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwatcr criteria and Section 3.5.7. of the LDC. Setbacks: Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a) Lakes and stormwater management features ma)' be located adjacent to internal roads. The roads ','ill be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Lakes and stormwater management features shall be set back a minimum of twenLv feet (20') from lmmokalee Road or U.S. 41 rights-of-way, providing appropriate County and FDOT barriers are installed where required. 2.6 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Granada Shoppes PUD during development phases of the project. The following stv. ndards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty-five feet (35') Fill storage areas in excess of five feet (5') in height shall be separated from develo,ged areas by fencing, excavated water bodies or oth~: vh "-- barriers if the side slope of the stockpile is steeper than 4:1. NOV 1 2-4 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.7 USE OF RIGHTS-OF-WAY The Developer may place landscaping, signage, lighting, water management facilities, ben'ns, decorative walls and fences, utilities or decorative entry features within any public or private rights-of-way adjacent to or within the Granada Shoppes. if the applicable agency's permits and approvals are acquired. 2.8 SALES OFFICE AND CONSTRUCTION OFFICE 2.9 Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Granada Shoppes PUD. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporat3' use permit shall be valid through the life of the project with no extension of the temporar2,.' use required. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. ofthe LDC. Minor changes and refinements as described herein ma)' be made by the Developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Sep,'ices Administrator shall be authorized to approve minor changes and refinements to the Granada Shoppes Master Plan upon gxitten request of the Developer or his assignee. C. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier Count)' Growth Management Plan and Granada Shoppes PUD document. The minor change or refinement shall not constitute a substan pursuant to Section 2.7.3.5. I. of the LDC. NOV 1 0 1998/ / ._. P,,. 2-5 The minor change or refinement shall be compatible with extemal adjacent land uses and shall not create detrimental impacts to abutting land uses. water management facilities, and conservation areas. D. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other waler management facilities where such changes are consistent with thc criteria of the South Florida Water ManagementDistfict and Collier Count.','. 2. Internal realignment of fights-of-way or internal drives. 3. Reconfiguration &parcels per Section 2.4 ofthis PUD. Minor changes and refinements as described above shall be reviewed by appropriate Collier Count' staff to ensure that said changes and refinements are otherwise in compliance with all applicable Count?.' Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. Written approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to an.,,' application for Subdivision or Site Development Plan approval. however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining ali other necessary Count.,,' permits and approvals. 2.10 PRELIMINARY SUBDIVISION PLAT PItASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project ma.,,' be accomplished in phases to correspond with the planned development of the property. 2.11 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will comply with Section 2.6.32 and Division 3.9 ofthe LDC relating to open space and retention of native vegetation. 2.12 SURFACE WATER MANAGEMENT Pursuant to delegation from the SFWMD. Collier Count.,,' will issue the surface management permit for the water management system which will be dtsigne~ ~ 2-6 accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40. ~' 2.13 ENVIRONMENTAL Ao An Environmental Impact Statement waiver was requested by the Developer and approved by the Collier County Planning Services Department, Environmental Review Section staff due to prior agricultural actMties on the site. pursuant to Section 3.8.9 of the Land Development Code. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. 2.14 UTILITIES 2.15 Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. TRANSPORTATION The Developer shall provide appropriate left and/or right turn lanes on lmmokalee Road and U.S. 41 at the project entrances. Such turn Janes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. There shall be full access, signalized intersections at the project's eastern entrance on Immokalee Road and U.S. 41 entrance at 107th Avenue. The Developer shall provide a fair share contribution toward the capital cost of traffic signals. Future access points to lmmokalee Road and U.S. 41 are those shown on the Granada Shoppes Master Plan. Access to U.S. 41 is subject to approval and permitting by FDOT and locations may be modified from those shown on the site plan as determined during the permitting process. Do 1~/l~,~l.4~lji ¥1t 02,.W~ILNOJ. D Arterial level street lighting shall be provided by the Developer at the project's main entrances in conjunction with the development of these entrances. Road impact fees and credits shall be in accordance with the provisions of Ordinance 92-22, as amended. 2-7 2.16 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface v,'ater management system, will be provided by the Developer. 2.17 DESIGN GUIDELINES AND STANDARDS Ao The Collier Count), Planned Unit Development District is intended to encourage ingenuity, irmovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Granada Shoppes PUD is planned as a functionally interrelated commercial site under unified control. The Developer will establish guidelines and standards to ensure quality for both the common areas and the individual parcel developments. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines. Co The Granada Shoppes PUD ,.','ill feature an integrated and compatible architectural building style or theme, which will be incorporated into the primary retail center, and all free standing uses. Massing of building facades will be reduced by transitioning building heights, widths and colors, and adding architectural elements such as loggias, canopies, comer towers, archways, or columns, which will form courtyard-like areas, appropriately scaled for public gathering spaces. These treatments will create visual interest and variety, while providing visitors to the project, a pedestrian-friendly atmosphere. Building architectural styles shall be compatible and complementary throughout project, and shall feature unifying and complementary elements such roof treatments, signage, landscaping and building materials and building colors. Do The Granada Shoppes PUD will be a full)' integrated planned site, where attention to the overall site design is achieved by providing well designed and integrated vehicular use areas, pedestrian paths, and architecturally unified signage, landscaping, and lighting throughout the site. 1. Common Areas a) Internal roadways will provide efficient vehicular circulation and will be designed with streetscapes that create pedestrian-friendly environments. Streetscape plans will be designed to establish a hierarchy of vehicular and pedestrian flow with landsn~.o~tl~.t~9. improvements appropriate in scale and character with th: fun~fi~ NOV 1 0 1998 b) c) of the street and adjacent land uses. The intent is to link uses throughout the project by designing appropriately located and scaled pedestrian and vehicular circulation routes. Project architectural features will be developed within common areas of the project and will be coordinated in design, color, and style. Architectural features shall be permitted throughout the site. Lake banks and water management features will be designed with edge offsets to complement the building architectural style and landscape features of the project. Free-Standing Uses a) b) c) d) Site Planning: Each free-standing use will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the internal drive to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and relationship to the project and vehicle and pedestrian access ways. When adjacent to a project lake, buildings may be oriented to the lake feature and may provide decks, walkways, and/or seating areas adjacent to or over the water feature, depending upon the compatibility of such features with the type of business located on the parcel. Architectural standards: Design elements for free-standing use shall be compatible and complementary with the architectural theme of the project, including building materials, roof materials, colors, signage, lighting, and landscaping. Building lighting design will be architecturally treated in the style of the building architecture. Similarly styled pedestrian level lighting fixtures will be located along all pedestrian pathways. Landscaping: Landscape design guidelines for free-standing uses will create a harmonious and visually pleasing landscape that is cohesive and complementary to the overall master landscape plan. The Granada Shoppes PUD landscape concept will feature combinations of native plants and ornamental varieties ,~t'l'ifch be designed to define and accent pedestrian and veh~cu ~r spac~ ~0¥ i 0 2-9 2.18 as well as enhance the building architectural style. Landscape designs will create a coherent theme, which emphasizes plant material as a primary unifying element. Landscape elements along public rights-of-way will be complementary to streetscape landscaping. Hedge material required to be installed to separate parking areas from rights-of-way shall be installed adjacent to the parking areas. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate. the parcel entD'. (2) Landscaping materials will be utilized to define the main site and building entrances. e~ Graphics/signage: Sign graphics serve to provide continuity of design for all signage in the project, consistent with the overall visual impression of the project. All monument signage shall be housed within an architecturally' uniform sign structure. LANDSCAPING, BERMS, FENCES AND WALLS Landscaping. berms, fences and walls are permitted as a principal use throughout Granada Shoppes. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the project. The following standards shall apply: Ao Landscape buffers contiguous to lmmokalee Road rights.of-x~3, and U.S 41 rights- of-way will be installed at the time of site development or subdivision improvement and will have the following characteristics: Minimum width of 20'-0". measured from the property line. The minimum number of required trees shall be calculated at I tree pe..r 25' linear feet. Plantings shall not be required to be planted on 25' centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of plantit g NOV 1 0 1998 2-10 Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering. Bo Landscape buffers contiguous to the agriculturally zoned parcel immediately east of the Granada Shoppes shall be a Type "A" buffer and will be installed at the time of site development or subdivision improvement and will have the following characteristics: Minimum width of 10', measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. Canopy trees ',,,'ill be planted at an initial height of 12' on average, with a 6' spread. C. Landscape buffers contiguous to the Pelican Marsh PUD shall be Type "A" buffers. Do Landscape buffers, berms, fences and walls ma>' be constructed along the perimeter of the Granada Shoppes PUD boundary concurrent with site development or subdivision improvement. Eo Sidewalks, signage, water management systems, drainage structures, project architectural features, and utilities shall be permitted within landscape buffers. 2.19 Landscape berms located within the Granada Shoppes PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that they encroach into the right-of-way when approved by the applicable owner or agency. SIGNAGE A. GENERAL All ground mounted project and free-standing use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color and building material. Pole signs shall be prohibited. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Granada Shoppes. All sign pursuant to Collier County Division 2.5 shall apply unless such regulati lot I)~91-4 fl)4 V~ ?a'.e,90-O01,*,~O0- P P L"D,.:: ! )~ NOV 1 0 1998 2-11 conflict with any conditions established in this PUD. in which case the PUD Document shall govern. a) Free-standing use parcels shall be considered a separate single use parcel of land for the purposes of this PUD so that signage may comply with the LDC requirements. b) Signs and decorative landscaped entrance features within a County dedicated fight-of-way shall require a fight-of way permit subject to the review and approval of the County and FDOT where applicable. c) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. d) All project sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. PROJECT IDENTIFICATION SIGNS One project directory, sign. with a maximum of 250 square feet of sign cop)' per side and a maximum sign copy height of 25', shall be permitted per public right-of-way frontage. The directory sign may be permitted within the medians of project entry drives generally depicted on the Master Plan. Project identification signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or moRRo of the development. Project identification sign copy will not exceed i00 square feet in size on any side, and shall not exceed a maximum height of I0' above finished grade, except for architectural detail treatments. No minimum setback shall be required, except that no sign shall be so located so as to create vehicular line of site obstructions. NOV 1 0 1998 Pg. ,~'~ 2-12 C. FREE-STANDING USE MONUMENT SIGNS Each free-standing use shall be permitted one monument sign per public road or private drive frontage. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80' for private road frontage. o For public road frontage, the maximum height of the sign copy shall be I0' above finished grade. Architectural details of the sign structure may project above the 10' height: however, no part of the sign or sign structure shall exceed 12' in height above finished grade. For private drive frontage, the maximum height of the sign copy shall be 8' above finished grade. Architectural details of the sign structure may project above the 8' height: however, no part of the sign or sign structure shall exceed 10' in height above finished grade. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, ma],' be designed to reflect an alternative specification and common architectural theme upon approval by the Development Serx'ices Director. in accordance with Section 3.2.8.3.19. ofthe LDC. 2.20 PUBLIC PLACES A. GENERAL. The Granada Shoppes will provide a variety of publicly accessible amenities which ,,,,'ill further the project's commitment to complement and enhance Collier County's Architectural and Site Design Guidelines, and se~'e to provide a sense of place for the community. B. PUBLIC ARCHITECTURAL FEATURES NO~gr~ll .Ot~ppt'D. ~! ~ I ~ $ A publicly accessible architectural feature such as a pergola, pavilion, gazebo, courtyard, observation deck or similar feature shall be constructed at the intersection of Immokalee Road and U.S. 41. Such feature shall be architecturally unified with the project's overall design theme and linked to the project's pedestrian pathway network. The public space shall be a minimum of 300 square feet in size and provide seating for the' patrons of Granada Shoppes. The feature may have project ide NOV ! 0 1998 2-13 signage which will meet the sign cop>, criteria of 2.19B of this PUD. Decorative architectural features shall be permitted throughout the Granada Shoppes PUD, and shall be permitted within or adjacent to pedestrian pathways. PEDESTRIAN PATHWAY NETWORK A pedestrian way network shall be established throughout the project as shown conceptually on the PUD Master Plan. The pedestrian system will serve to link the primary shopping and office areas with free-standing uses at the perimeter of the project site, by providing a landscaped walkway protected from vehicular traffic movements. An',' required breaks in the pedestrian network for vehicular access to the ~ite shall be identified through use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. a) Shopping Area Pedestrian Wav The shopping area pedestrian way (Exhibit A-l) shall be a wide interminently covered walkway, featuring pavers or stamped concrete surfaces. This pedestrian way shall include architectural features such as fountains, courtyards, arbors or similar design features, and decorative landscape plantings. This pathway shall have a minimum unobstructed pedestrian way of 10' average width. Seating and decorative landscape plantings shall be provided intermittently along the pathway and at al/primaD' tenant entrances. b) Parking Area Pedestrian Way The parking area pedestrian way (Exhibit A-2) shall be located generally within the parking area as shown on the PUD Master Plan. This pedestrian way system will be designed to promote safe and convenient linkage from the parking areas to both the perimeter free-standing uses and the shopping area. Vehicular crossings will be identified with signage, landscaping and clearly. marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system shall be a minimum of 14' in width, with a minimum 6' ',vide stagt~I concrete or banded concrete pedestrian pathway. This 2-14 pathway way will feature canopy trees or palms with ground level landscape plantings. Canopy trees or palms will be planted within adjacent parking landscape islands. Canopy trees or palms shall be planted along the pedestrian way system and shall be a minimum 12' high with a 6' spread for canopy trees and equivalent specification for shade palms, at the time of planting. c) Perimeter Pedestrian Way The perimeter pedestrian way (Exhibit A-3) system is designed to link free-standing uses with the parking and shopping area pedestrian way as shown on the PUD Master Plan. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system will be a minimum of 15' wide and will feature a meandering 6' wide paver, stamped concrete or concrete path with meandering landscape treatments. Seating shall be provided intermittently along the pathway system, adjacent to public use areas. 2.21 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Granada Shoppes PUD. General permitted uses are those uses, which generally serve the Developer and tenants of Granada Shoppes and are typically pan of the common infrastructure. B. General Permit-zed Uses: 1. Essential services as set forth under LDC. Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Architectural features and elements including walls, fences, arbors, gazebos and the like. NO. NOV 1 0 ]998 2-15 10. Il. 12. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Kiosk vendors Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. Shared parking between the primary retail facility and flee standing uses shall be permitted throughout the site. Each free-standing use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for the Granada Shoppes shall meet or exceed the minimum parking required for the combined land uses. NOV 1 01998 3-1 3.1 3,2 3.3 SECTION III COMMERCIAL PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Granada Shoppes designated on the Master Plan as Retail and Office. GENERAL DESCRIPTION Areas designated as "R/O" on the PUD Master Plan are intended to provide a maximum of 300,000 square feet ('gross building area) of retail, office and service uses on a maximum of 32 acres. Areas indicated as "O" on the PUD Master Plan are intended exclusively for general and professional office uses and permit a maximum of 90,000 square feet (gross building area). Eating and Drinking Places shall not exceed 25% of the project's total retail commercial square footage, unless additional parking spaces are provided for restaurant uses, PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or part. for other than the following: A. Permitted Principal Uses and Structures: All permitted uses in the C-4 Zoning District of the Collier Count), Land Development Code, as of August 28, 1998 except: a) b) c) d) e) f) Agricultural Services (groups 07 i !-0783) Amusements and Recreation (Outdoor-groups 7948, 7992, 7996 and 7999) Automotive Repair Facilities (7532-7539) Hospitals (8062-8069) Membership Organizations (8611-8699) Outdoor Retail Nurseries, Lawn and Garden Supply Store: ~OV 1 0 1998 ___ P~._ &¥ 3-2 g) Marinas (4493). h) Pawnshops (5932) i) Group Care Facilities 2. Kiosk Vendors 3. Retail Home and Garden Centers (521 l, 5251) B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. 3.4 Outdoor dining shall be permitted as an accessory provided adequate pedestrian accessibility is provided. DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. use to a restaurant. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: I. Principal Permitted Uses a) Immokalee Rd. and U.S. 41: Fort>' feet (40') b) Internal Frontage Drives: Fifteen feet (I 5') c) Distance Between Free Standing Uses: Thin,,,' feet (30') d) Waterfront: Zero feet (0') to bulkhead or riprap at top ofbank e) Minimum Building Setback from Non-Right-of-Way Perimeter Project Boundary of PUD: Thirty feet (30') for buildings up to 50' in height Fifty feet (50') for buildings greater than 50' in hei .qG E~Cyy4)~ ¥ ~ -- ht. 3-3 2) Accessory Structure Setbacks: a). Front Yard: i. Roofed parking facilities- Twenty feet (20') b) Side Yard: i. Common Architectural Features' Zero feet (0') ii. Roofed parking facilities- Ten feet el0') c) Lake Bank: i. Common Architectural Features-Zero feet (0') ii. Seating areas- Zero feet ('0') Maximum Height: 1. 2. 3. Retail Buildings: Two-stories. not to exceed rift3' feet (50'). Office Buildings: Four-stories. not to exceed sixty feet (60') Architectural features: Seventy.five feet (75') NOV 1 0 1998 i : IlI· il. ; Ill! f'll ri,. EXHIBIT B DESCR~P hON A tract or parcel of land lying in Section 27, Township 48 South, Range 2.5 East. Collier County, Florida which tract or parcel is described as follows: From the northwest corner of Section 27, Township 48 South, Range 25 East. Collier County. Florida run S.00'38'4.3'E. along the west line of the northwest 1/4 of said section 27 for 125.02 feet to o its intersection with the southerly right-of-way line of Immokalee Road (CR-846) and the POINT OF' BEGINNING. thence run N.44'38'23'E. along the southerly right-of-way line of said Immokalee Rood for 34.99 feet; thence run S.89'45'00"E. along the southerly right-of-way line of said Immokalee Road for 573.45 feet; thence run S.88'53'15"E. along the southerly right-of-way line of said lmmokalee Road for 500.61 feet; thence run S.89'45'00'E. along the southerly right-of-way line of said Immokalee Road for 134.22 feet; thence run S.00'OO'OO"E. for 224.65 feet to o point of curvature; thence southwesterly along the arc of o curve to the right alr radius 85.00 feet (delta 90'00'00") (chord 120.21 feet) (chard bearing S. 45'00'00'W.) for 135.52 feet to the end of said curve; thence run S00'O0'O0"E for 830.91 feel: to a point of curvature; thence southwesterly along the arc of o curve to the right of rod/us 50.00 feet (delta 86'54.'07') (chord 68.77 feet) (chord bearing S.43'27'03"W.) for 75.8a, feet to a point of tongency: thence run S.86'5~,'07"W. for 258.32 feet to a point of curvature; thence westerly along the arc of a curve to the right of radius 936.00 fe~t (delta 06'23'14") (chord 104.29 feet) (choral bearing N. Bg'54'16"W.) for 104.34 feet to the end of said curve; thence run S. 13'25'32"W. for' 5¢8.97 feet; thence run S.69'14.'15"W. for 258.29 feet; thence run S.00'$9'15'E. for 25.00 feet; thence run S.89'20'45'W. for 396.46 feet to a point on the west llne of said Section 27 and the easterly right-of-way line of U.S. 4.$ (S.R. 4.5) Tomaimi Trail: thence run N.00'38'45'W. along the west line of said Section 27 and said easterly right-of-way line of U.S. 4.1 for 1670.23 feet to the POINT OF BEGINNING. containing 39.23 acres more or less or 1,708,858.58 square feet more or less. Bearings hereinabaove mentioned ore based on the west Line of Section 27, Township 48 South, Range 25 East as being N.OO'38'45"W. Subject to easements, reservations and restrictions of record NOTES: 1. THIS IS NOT A SUR'vEY. 2. BASIS OF' BEARINGS IS THE NORTH UNE OF' THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP ¢8 SOUTH, RANGE 25 EAST AS BEING S. 89'45'00" E. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF REC( EXECUTIVE SUMMARY PETITION NO. SV-98-2, WILLIAM D. KEITH, ESQ. REPRESENTING JOHN P. CARDILLO AND DANIEL R. MONACO REQUESTING 15 FOOT VARIANCE FROM THE REQUIRED SETBACK OF 15 FEET ESTABLISHED FOR SIGNS TO 0 FEET ALONG TAMIAMI TRAIL EAST AND A 5 FOOT VARIANCE FROM THE REQUIRED SETBACK OF 15 FEET ESTABLISHED FOR SIGNS TO 10 FEET ALONG OSCEOLA AVENUE FOR A POLE SIGN FOR AN EXISTING LAW FIRM LOCATED AT 3550 EAST TAMIAMI TRAIL IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting the above described variance in order replace the existing sign with a new one to be installed with reduced setbacks. CONSIDERATIONS. The Collier County Land Development Code (LDC) allows one pole sign per parcel 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 replace an existing sign with a new one. However, the petitioner is proposing to install the sign at the property line along Tamiami Trail and with a 10 foot setback from Osceola Avenue. The applicant argues that because of the existing bridge with its high guardrails and mangroves along Halderman Creek, their sign is not visible from some reasonable distance for motorists traVeling eastbound on Tamiami Trail. The Collier County Planning Commission reviewed this petition on October 1, 1998 and by a vote of 9-0 recommended approval. This petition did not qualify as a Summary Agenda item because the staff's recommendation to the CCPC was for the denial of this petition. FISCAL 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. PLANNING COMMISSION RECOMMENDATION. That the Board of Zoning Appeals approve SV-98-2. No. ~-1~4~'.,~ · NOV 1 0 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER I DATE ~~,~~ ALD~.EWED BY: F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE R(~ERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: V~CENT A. CAUTERO,-AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATr~ "- NOV 1 0 1998 AGENDA ITEM 7C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: RE: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES September 11, 1998 SV-98-2 AGENT/APPLICANT: Agent: William D. Ketth, Esq. Cardillo, Keith & Bonaquest, P.A. 3550 East Tamiami Trail Naples, FL. 34112-4905 Owners: John P. Cardillo & Daniel R. Monaco 3550 East Tamiami Trail Naples, FI. 34112-4905 REQUESTED ACTION: The applicant is requesting a 15 foot variance from the required setback of 15 feet established for signs to 0 feet along Tamiami Trail East and a 5 foot variance from the required setback of 15 feet established for signs to 10 feet along Osceola Avenue for a pole sign. GEOGRAPHIC LOCATION: The subject property is located at 3550 East Tamiami Trail in Section 15, Township 50 South, Range 25 East, Collier County, Flodda ( See attached Legal description). PURPOSE/DESCRIPTION OF PROJECT. The Collier County Land Development Code (LDC) allows one pole sign per parcel 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 replace an existing sign with a new one. However, the petitioner is proposing to install the sign at the prope,,-ty line along Tamiami Trail,and with a 10 foot setback from Osceola Avenue. The applicant argues that because of the existing bridge with high guardrails and the mangroves along Halderman Creek, their sign is not visible from a reasonable distance for m(.,torists traveling eastbound on Tamiami Trail. NOV 10 1998 ili 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 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: ae bm ce de Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building Involved? Yes, this property is located along Halderman Creek. The view of the building and the sign is partially obstructed by the mangroves and the existing bddge. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, as discussed above, the causes of obstruction of the view are the bridge and the mangroves, which were pre-existing and not caused by the applicant. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? ~ No, the site is functional and the business, in this location, has been existing for almost two decades. This variance, if granted, will provide a better exposure and visibility for this business's pole sign. ~. 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, a variance is not necessary to make possible the reasonable use of the land or the building. The existing sign is visible from the road when approaching the: site. This request is to remove the old sign and install a new sign where it will be visible from a greater distance than the existing one. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings,! {~r structures in the same zoning district? ' Yes, the granting of this variance will allow the petitioner to install a sign closer toi the road than the Code would allow, which is denied to others unh~ a,~~/ variance is approved. NOV 1 0 1998 pq. .5 .. fe 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. Furthermore, when the road is six laned in the future as planned, this sign with a zero feet setback from the road ROW may become a safety hazard to motorists and aesthetically detrimental to the public. Are there natural conditions or physically Induced condlflons that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc. Yes, there is a 50 foot grassed right-of-way between the edge of pavement and the property line. However, this grassed area may in part or in full be used for the six laning of US-41. 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. STAFF RECOMMENDATION: Staff recommends that the CCPC recommendation for denial. forward Petition SV-98-2 to the BZA with AGEN~2~ ITEM NOV 1 0 1998 P~. · PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D.~ AI..;P PRINCIPAL PLANNER DATE REVIEWED BY: ~DNALD F. NINO, AICP, MANAGER' CURRENT PLANNING DATE i~OBE~,T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES VINCENT a. CAUTERO, AICP, ADMINISTRATOR COIV MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE DATE COLLIER COUNTY PLANNING COMMISSION: MICHC~E[~ ~, CHAIRMAN ~.O ~.-~ ..~ PETITION SV-98-1 Staff report for October 1, 1998 CCPC meeting. This Petition has been tentatively scheduled for October 27, 1998 BZA meeting. 4 AGE N.O~IT_E M No. _.,O3_,~') / NOV ! 0 1998 RELATING '",~ PETITION ~:U:~,:=R_.. $V-98-2, UOR A SIGN VARIANCE O~'4 PROPERTY HEREINAFTER DESCRIBED ii: COLLIER COUNTY, FLORIDA. WHEREAS, %he Legislature of the State of Florida in Chapter!'i125, Florida Statutes, has conferre~ on all counties in Florida :he establish, coordinate and enforce zoning and such business requisitions WHEREAS, the County pursuant =hereto has adopted a Land ~evelc~ment Code (Ordinance No. 9i-102) which establishes regulations wn=:n ~s :ne granting cf ';ar~ances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affec:ed, has held a public hearing after notice as in said regulations made and provided, and ha~ considered the advisability cf a 15 foot variance from the required front yard setbac~ of 15 feet established for signs to 0 feet along U.S. 41 and a five foot variance from the required front setback Of 15 feet established for signs to 10 feet ~iong Oceola Avenue for a s=gn as shown on the attached ~lot Dian. ~xhibit "A", in · C-3 zone for the property hereinafter described, and has found as a matter of fact that satisfactcry provision and arrangement have been made concerning ali applicable matters required by said regulations and in accordance with Sec=ion 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity ~o be hear~ by this Board in public meeting assembled and the Board hay!hq cons~dere~ all ma~ters presented, NOW THEREFORE BE IT R£SOLVED BY T~E BOARD OF ZONING APPF2%LS of Collier C:unty, F!or~Oa, ~nat: -I- NOV 1 0 1998 ,'.._ g: The Pett=zon SV-98-2 filed by "~ ~,,..am D. Ketch, £squire, representing Cardtllo, Ketch & Bona~u=s=, P.A. with respect to the property hereinafter describeo as: be and. '.he same hereby is approveO f=r a 15-fooc variance from the required front yard setback of 15 fee-. established for signs to 0 fee~ along U.S. 41 and a five-foot variance from =he required fron~ setback of 15 fee= established for signs ~s 10 fee= along Oceola Avenue for a pole slqn as shown o~ =he attached ~Io= plan, Exhibit "A", of =he= C-3 Done ~hls day of , 1998. :~ ATTEST: ;~ DWIGHT E. BROCK, Clerk 19 23 Approved as Co Form and Legal Sufficiency: 27 Assis:an= County A:=orney 2~ 31 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIOA BARBARA 5. BERRY, Chairman -2- NOV 1 1998 SURVEY lie ~L II, I~If..A1"E~ ARCH TO I~.,TTON ~ · KEITH B'ONAQUIST ATTORNEYS AT LAW 3550 I ! I NO , ~L~ ~;~-: .... il I ~". ! 'NOV .......... C'Lx~,-. ~, LEGAL DESCRIPTIO~ 3SS0 EAST TAMIAMI TRAII. Commc~tj at the Point of Begirufing of PARCEL A~ thence run N89-41-00E a distance of 286.03 feet to the Point of Begirming of PARCEL B; thence continue N89-41-00E a distance of 139.60 feet to the Southwesterly bou~d,~., ofthe Tami---' ~--:' ,.o -~- __.~ .... '-I ~,[u trau I.u;3 '+1); mence bJii-47-301A . a~ong sma boumwesterly boundary a dL~'tance of 59.24 feet to a concrete munument; theace SSl- 12-30W along the Northerly Right ofWay of Osceola Avenue a distance of 131.60 fe~ to a concrete monument; thence N89-41-00W along said Northerly Right of Way a distaace of 100.00 feet; thence leaving said Northerly Right of Way line mn NI 1-29-03E a distance of 129.90 feet to the Point of Begh~ing of Parcel B. RECE;VED °LANNINO $~-RVICE~' SV 98.2. NOV 1 0 1998 ,'~ VARIANCE PETITION "(VARIANCE FROM SETBACK P. EQU!RED FOR A P;~3~TICUL;'.-R ZONING DISTRICT) PETITION NO. .~ ~ 9 8" ~ ' ' DATE PETITION RECEIVE~4~'I ~~99~ (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME PETITIONER' S ADDRESS ~50 SOUTH TRAIL. A FI.OPTDA PARTNF~RR~P 3550 EaSt Tamiami Trail, Nat~les., FL ~&!!2-Ag05 TELEPHONE_ (g& 1 ) 77&-2229 AGENT'S ADDP. ESS CARDILLO, KEITH & BONAQU2ST, P.A. - WILLIAM D. KEITH, ESQUIRE 3550 East Tamiami Trail, Naples, FL 34112-4905 TELEPHONE (941)774-2229 : LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S)__ BLOCK (S) RANGE SUBDIVISION SECTION TWP. (If legal description is lengthy, i.e. metes & bounds description, attach additional page) Please see attached legal description. CURRENT ZONING OF SUBJECT PROPERTY C-3 Commercial (In~ermediate District) EXISTING LAND USE ON SUBJECT PROPERTY Commercial Office Building ADJACENT ZONING & LAND USE ZONING ' N LAND USE Commercial Retail S C-3 Vacan: Lot E C-3 Vacant Lot W ~e'r c ia 1 Vacant Lot MINI~-TUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 50' sz $: 50 REAR: CORNER LOT: ~O~. ,(CIRCLE ONE) WATERFRON LOT: N~CIRCLE ONE) NO. ~ NOV 1 0 ]998 NATURE OF PETITION Provide a detailed explanation of the request including wh~,! structures are existing and what is proposed', the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (includ~be~kting permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. Petitioner is requesting a ground sign variance of 15 fee! to reduce the required 1 $ foot set back. There is a 50 foot lawn maintained by petitioner between the proposed si_on. Tamiami Trail Holderman Creek bridge. This would allow the sign to be placed at the Petitioner's prope~_v line. A new sign is being proposed to replace existing sign. The property owner purchased th,,, property_ in 1975 In 1981 ownership was transferred to 3550 South Tamiami Trail. a Florid., partnership composed oforig'inal owners and an additional partner. The ori~nal building formerly a home and 4 unit motel remodeled and converted to law o~ces in 1975. The variance is necessary_ for increased s!gn visibility_ and the safety and convenience of clients whos,. visibility_ of si~ is limited because of the bridge, mangroves and low prope~v level below road. Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1- 6). (Please address this criteria using additional pages if necessary.) ' ' Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The propert~y sits considerably lower than Tamiami Trail, When approaching fro.', the West. the building is parallel to the bridge over Haldeman Creek. Because or the height of the bridge, the location ofthe bridge. ~ardrails. and the man.ore,.- 'in Haldeman Creek the current sign or building is not visible until an eastboun, I NOV 1 0 1998 "f~.~here special conditions and circumstances which do not result fi.om the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request -. Yes. The low condition of the property relative to Haldeman River bridge, the mangroves in Haldeman River. the height of'the bridge and the bridge guardralk which limit visibility of the sign and building. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes. Current 15 foot set back restricts visibility of sign. Eastbound clients traveling at 45 mph (+) on Tamiami Trail must make an immediate right hand turn in less than 50 feet on to Osceola Avenue after they have spotted our current si_cm, creating a potentially hazardous traffic situation up to the bridge and highway. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of land, building or structure and which promote standards ofheahh, safety or welfare. Yes. Sign variance to property line will allow sign to be visible to eastbound and westbound t;'affic earlier allowing a safer turn Also_ there exists significant distance (approximately 50 feet l between property line and the base of'the bridge. at edge of pavement of Tamiami Trail which Petitioner maintains by mowing and cleating. There is no traffic ofany kind on the highway side of the si~, Will granting the variance requested confer ~n the Petitioner any special privilege-that is, denied by these zoning regulations to other lands, buildings, or structures in t~,,i '~oning district. [ .o-'~/. No. Existing retail establishments have visible signage. Because of'cornet location near bridge and the excessively wide area between proper~y line and e~lg> of'the pavement of Tamiami Trail and the base of'the bridge, the current sign ha,.> Will 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. Yes. Acljacent property is commercial and is on major right of'way. There will bl no detrimental impact to public In fact. public safety will be enhanced by reducin~ traffic hazard through increased sign visibility. Proposed sign will not block view of neighboring si~s Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Yes. End Petition AG E NDA.,~tEA~ : E_XECUTIVE SUMMARY PETITION: A-98-5. KlM PATRICK KOBZA, OF TREISER. KOBZA & VOLPE. P.A.. REPRESENTING THE SOUTHPOINTE BOAT SLIP OWNERS AT THE SOUTHPOINTE YACHT CLUB AT WINDSTAR MARINA, AND GLENN OAKES. LEE FLANDREAU AND JACK FINK, REQUESTING AN APPEAL OF A DETERMINATION OF INSUBSTANTIAl. CHANGE 'FO TIlE SOUTHPOINTE YACHT CLUB PUD MASTER PLAN. ADOPTED BY ORDINANCE 88-82, AS AMENDED, RENDERED BY 'FILE PI.ANNING SERVICES DIRECTOR PURSUANT TO THE PROVISIONS SET FORTH IN SECTION 2.7.3.5.2. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. ~ The objective of this appeal is to determine whether staff's determination that proposed changes to thc Southpointe Yacht Club PUD Master Plan arc insubstantial in nature and that said determination was based on competent substantial evidence pursuant to the criteria set forth in Section 2.7.3.5.1 of the Collier County [,and Development Code. CONSIDERATIONS: On July 23, 1998, staff received an application 1bt Insubstantial Change Determination to the PUD Master Plan for the Southpointe Yacht Club PUD. This insubstantial change process was requested after several meetings were held between the property owner, their legal representative and County staff with respect to the owner's request to add a 12 foot wide concrete sidewalk for emergencv and pedestrian access. revise the building footprint locations to reflect current conditions, and to relocate the parking lot area and to dedicate it for marina parking. The need to revise the current Master Plan results from a prior approval of a site development plan (SDP-94-78) which provided for a reduced building footprint in size and shape than is shown on tile original/,,,, approved Master Plan. The reason for this change during the SDP process ',,,'as to allo'`v tbr increased open areas and improved x'ic'`v corridors between the five smaller buildings versus the view blockage created by' the 2 larger buildings as shown on the Master Plan. This change also resulted in the elimination of a proposed parking area between the two larger buildings as depicted on the current Master Plan which necessitates the relocation of the required marina parking. The parking depicted on the Master Plan between the two buildings was not specifically designated for an)' particular use and could have been used to serve the marina or the residential uses. The intent of the Master Plan amendment (PDI-98-3) is to acknowledge the as-built conditions of buildings #2 and #3 and to delineate the required parking for the marina. In addition, a 12 foot wide emergency access '.,,'ay from the parking area to the dock has been added to the Master Plan northeast of Building #5. The PUD amendment also depicts the existing parking spaces on the south side of tl ' NOV 1 0 1998 { / the property owner prox'idc parking for thc marina (as required in the PI !D document} as a result of complaints bv unit and slip owners within thc development. These modifications are not unusual given the conceptual nature of PUD Master Plans residential communities. PUD Master Plans are conceptual in nature and are intended to be used as a general guide for development, thereibre, minor administrative changes may occur during the site development plan process as long as the changes are deemed consistent with the general intent and the development scheme depicted on the Master Plan. Changes that are not deemed consistent with the general intent of the Master Plan will require an amendment to that plan. While staff determined that the revised building footprint locations were consistent x¥ith the general development scheme as depicted on the approved PUD Master Plan. a Notice of Ordinance Violation was issued by ('oilier County Code Enforcement on May 4. 1998. for failure of the owner to prt~vide the required parking lbr the marina. As' a result, staff determined that an amendment to the Master Plan to depict the required parking was warranted. It was then necessary for staff to determine whether or not the proposed changes to the PUD Master Plan were substantial or insubstantial in nature. The appeal before you today does not challenge staff's determination that PUD Master Plans are only intended to he used as a general guide for development and thai minor administrative changes can be made during the site development plan process as long as the changes are deemed consistent with tile general intent and development scheme depicted on the plan. Furthermore. the appeal is not directed at the requirement that the property owner amend the existing Master Plan to illustrate the additional marina parking. Rather. this appeal is directed at the Planning Director's determination that the revisions to the PUD Master Plan are insubstantial in nature pursuant to the provisions set forth in LDC Section '~ 7 '- ~ ', .... -~.-,.-. The Board is thus lhced with the task of determining. through this appeal process, whether the Planning Services slaff (in particular the Planning Director) based its insubstantial change determination on competent substantial evidence. If tile Board reaches this finding, then tile appeal should be denied. If the Board. after reviewing the applicable evidence and lestimonv, finds that staff did not base its determination on competent substantial evidence, then t'he appeal should be granted. and the property owner should be directed to resubmit for a full bloxvn PUD amendment. It should be noted that the subject insubstantial change petition (PDI-98-3} was continued by the Collier Count>' Planning Commission until such time as this appeal is resolved by the Board of County Commissioners. In reviewing the issues raised by the appellants, staff is of the opinion that these issues are not germane to this appeal process to determine if staff based its insubstantial change determination on competent substantial evidence. In the following paragraphs, staff will outline the substantial competent evidence that was used in making its determination. On Februa~' 12. 1998 a meeting svas held between Klm Kobza. [.isa Barnett (the legal representatives of several individual boat slip owners}. Wayne Amoh!. 2 NOV ] 0 i998 ~._ l~cl Planning Services Director). Robert Mulhere. (then Current Planning Manager) and Brian Milk. Principal Planner to discuss the marina parking concerns within the Southpointe PUD. It was discussed that pursuant to the Southpointe PUD (Ordinance 88-825. the marina is required to provide two (2) parking spaces for every three (3) wet boat slips. Since there are seventy-two (72) wet boat slips. 48 parking spaces are required. However. the PUD document did not specifically designate a marina parking area on the Master Plan. Staff agreed to investigate the matter to determine the best possible course of action. Subsequently. a review of the approved .ql)P-94-78 indicates that the parking area shown on the Master Plan was relocated to provide 30 parking spaces on the south side of the main entrance road. This parking area was not specifically designated for any parlicular usc and could ha~'c been used to serve the .marina or the residential uses. On April 15, 1998. a meeting was held between Andrew Soils (the property owners legal representative). Klm Kobza on behalf of several unit and slip owners, Commissioner Mac'Kie. Ron Nino (then Chief Planner). and other staff members concerning the building permits for building #4 and thc Marina parking. In addition. other concerns ',,.'ere raised such as noncompliance with the fire and safety codes and the Americans with Disability Act for the existing development. As ~ result, the property owner stated their commitment to work with the County to provide ali the fire protection facilities and emergency access as required by CoUnty Codes and the Fire District. On April 22. 1998. staff approves an Insubstantial Change to the approved site development plan (SDP-94-785 to depict the required handicapped parking spaces. On Ma5' 4. 1998. the Collier County Code Enforcement staff issued a Notice of Ordinance Violation for failure to provide thc required marina parking. It was the opinion of staff that only 30 spaces of the required 48 spaces have been constructed along thc south side Gulfstar Drive. Subsequently. Bryan Milk infi~rmcd tile property owner that Southpointc Yacht Club Master Plan needed to be amended m illustrate existing and proposed changes including the required marina parking on tile Master Plan. A meeting was held on June 24. 1998. between the petitioner, tile developer of the Yacht Harbor Cove Condominium. Ron Nino. Dennis M~zone. Wayne Bryan. and others including Gayland Moor of the East Naples Fire District to add~ess th~ fire and emergency service access issues along with marina parking. Mr. Bryan and Deputy Chief Moor detailed the required improvements to meet the applicable fire and safety codes as follows: 15 A standpipe system shall be provided to the clubhouse island from the marina boardwalk. The standpipe system will comply with NFPA 303. Standards for Marinas and Boatyards: 2) A standpipe system will be provided along the marina perimeter that will comply with NFPA 303. Standards for Marinas and Boatyards; 3) A 12 foot wide emergency access way meeting Collier NOV 1 0 1998 Emergency' Access requirements shall bc provided from thc turnaround area of thc parking lot to be constructed bctxvecn buildings e5 and e6 of thc Yacht l larbor ('nyc Condominiums: and 41 A fire hydrant shall be prox'idcd adjacent to thc turnaround area of the parking lot between buildings ~5 and ~"6./he property ~wncr t F. ast Sound Realty'. Inc.) agreed to make the required changes as noted in their letter of June 26. 1998. On July' 23. 1998. East Sound Realty. Inc. submitted an application for Insubstantial Change Determination to the PUD Master Plan for the Southpointe Yacht Club PUD. This insubstantial change is to revise the building footprint locations to reflect current conditions, add a 12 foot wide concrete sidewalk for emergency' and pedestrian access consistent with the Fire Department requirements, and to depict the relocated parking lot areas to be used tbr marina parking that includes thc provisi~m Ibr adequate drop- off and pick-up of supplies and equipment in close proximit.v to the docks. This petition was then distributed m thc appropriate agencies lbr their rcvicxx and comment. The Land Development Code (I.DC) sets forth thc criteria by xx'hich insubstantial amendments to a PUD Master Plan arc to be reviewed betbre they can be approved by' the Collier County' Planning Commission. This petition was reviewed by the appropriate professional staff in regards to this LDC criteria. The resulting substantial competent evidence supporting the insubstantial change request was received by' Current Planning Staff and the Planning Sen'ices Director as follows: I ) Edward J. Kant. Transportation Sen'ices Director. stated in his Julx 27. 1998 memorandum that the proposed change does not appear to have an)' effect on tile adjacent road network: 2) A review by' the East Naples Fire Department indicates that the revised Master Plan is consistent with the requirements made by' Mr. Wayne l:lry.'an and l)cputy Chief Moor during their June 24. 1998 meeting with the petitioner. This includes the provision of a 12 foot wide concrete walk tbr emergency' sen'ices access to the marina: 3) Thc Building Review/Permitting staff' approved tile proposed changes on July 27. 1998: 4) Stephen l.cnbcrger. Environmental Specialist approved the proposed changes as noted in his memorandum dated August 6. 1998: and 5} Start Chrzanowski. Senior Engineer. indicated that the requested change as submitted would not significantly impact thc projects water management plan. Thc Current Planning staff also reviewed the application for Insubstantial Change Determination to the PUD Master Plan utilizing the criteria set lbrth in the Land Development Code. The Staff Report provides the professional review of planning staff which recommends that the Collier County Planning Commission approve Petition: PDI-98-3. which represents an insubstantial revision to the Master Plan. This recommendation was influenced by the previous determination that the changes approved in site development plan (SDP-94-78) were deemed consistent with the general intent and the development scheme depicted on the existing Master Plan. Additionally'. since a Notice of Ordinance Violation was issued by Collier 2ounl'v ,,, J~GENO~ ~TEU 4 NOV 1 0 1998 Code Enforcement for failure of thc owner to provide the required parking for thc marina, the Master Plan is now required to be amended to correct this problem. Conclusion: The property owner indicated to staff' that thc proposed changes are to acknowledge the as-built conditions of buildings #2 and #3 and to delineate thc required parking area for the marina as stated in the May 4.1998 Notice of Ordinance Violation. These changes to the Master Plan will not result in an increased intensity beyond that which currently exists or can be expected in consideration of the number of boat slips and residential density currently permitted within the PUD document. Additionally. thc Master Plan will accurately reflect the uses and locations of uses currently in existence within this PUD development. The changes proposed arc clearly consistent with thc I.DC provisions for a finding of insubstantial change. ]'he staff determination was based on competent substantial evidence and professional evaluation as noted above. Thc appcllant's appeal of the Planning Services Director's finding that the proposed .Master Plan changes are insubstantial in nature is without merit. As previously stated, this petition v, as continued by the Collier County Planning Commission until such time as this appeal is rose,Ired. Staff response to each of the specific items raised in thc letter of appeal arc summarized in Exhibit "A" that is attached to this Executive Summary. FISCAL IMPACT: Not applicable. RECOMMENDATION: That the Board of Count.,,' Commissioners deny this appeal and uphold thc determination of the Planning Services Director that thc revisions Itl the Southpointe Yacht Club PUD Master Plan are. in fact. insubstantial in nature. I'REPARED BY:,.;'~. '" / ,'5.',. Rob~rt,~. Mulhere. AICP Vincent A. Cautero. AICP Date: EXLCUTIVE SI 'MMARY A.98-5'RVII RJM'rb EX1 II BIT "A" This exhibit provides staff response to each of the specific items raised in thc letter of appeal dated September 1 l. 1998. Particular focus has been paid to those issues directly related to the criteria set forth in Section 2.7.3..5.2 for insubstantial change determination as noted below: Dcm: LA. The appellant acknowledges the property owner's request to amend the Master Plan to provide the required marina parking, however, thc location of the required parking is at issue. The appellant states that thc petitioner is requesting lo move the marina parking from an on-site location .adjacent to the marina to a location off-site away from the marina. They also contend that this petition results in a relocation of a nonresidential land use since Section 4.1. I of the PUD document defines parking for the yacht club. clubhouse and wet slips as a permitted usc. What the appellant's fail to reveal here is that the approved PUD Master Plan does not depict any marina parking use within the marina tract boundary. Therefore, the petitioner is not moving parking from an on-site location to an off-site location. In addition, the appellant fails to mention that the listing of parking and similar uses intended to exclusively serve the patrons and guests of the yacht club as a permitted use falls under Section IV of the PUD document. This section provides the specific land uses and development regulations for the Yacht Club Development Area only. It should be noted that Section III of the PUD contains the list of permitted uses, accesso~' uses and development standards for the Multi-Family Development Area. Furthermore, Section 3.1.2 (3) lists private garages, carports and off-street non- covered parking areas as an accesson.' use in the ,Multi-Family area. Since the generic parking area in question is clearly depicted within the .Mulfi4amily area on the PUD Master Plan, there is no relocation of non-residential land uses. Item: LB. The appellant states that thc marina parking is not centrally located and that the marina parking has been moved from a location adjacent to the marina to a location nearer to the residential buildings. This location does not allow slip owners to load and unload vehicles in close proximity of their boats, thereby resulting in an incompatible land use for the marina, it should be noted that the appellant has not provided the complete response as provided in the staff report, subsection (h) which states the following: "the proposed marina parking is centrally located within the boundaries of the PUD Master Plan and is designed to serve the existing marina use within the PUD via a 12 foot wide concrete walk for pedestrian and emergency access.' The location of the proposed marina parking (an additional 18 spaces) and the location of the existing parking along the south side of the main entrance road (30 sp 6 NOV 1 0 1998 screened from land uses that are adjacent to the PUD boundaries. As previously stated, staff determined that the approved PUD Master Plan does not depict any marina parking, therefore, the marina parking has not been moved. Lastly, the Master Plan provides a drop-off and pick-up area between buildings #5 and #6 and connecting with thc pedestrian and emergency access. Item: LC. Thc appellant contends that thc original PUD Master Plan contemplated that parking would be located where the Petitioner is now building residential units. As a result, the relocation of parking would alloxv thc developer to increase thc residential density and intensity of land uses through the construction of residential units where the original parking was required to be. This is a specious statement since the total number of dwelling units and boat slips are specifically provided for within the PUD document and have not been exceeded. Furthermore, thc shifting of building footprints in size and location will not increase thc number of dwelling units permitted or reduce green space since thc proposed marina parking area is located where a residential building was located on the original Master Plan. Item: ILA. Thc states that thc insubstantial change determination is based on incorrect and incomplete criteria since the analysis did not take into account thc Iocational requirements for off-street parking as defined in section 2.3.4.11 of thc l. DC. This section basically states that all off-street parking Ihcilities shall be located on the same lot they serve or may be located on another lot under the same or different ownership subject to certain conditions specified in that section. Since Section 4.1.1. (b) of the Southpointe Yacht Club PUD lists parking and similar uses intended to exclusively sen'e patrons and guests of the yacht club as a permitted use, the proposed marina parking use may be designated as shown on the amended Master Plan without regard to the off- site parking location requirements. In addition, even if thc Iocational requirements for off-site parking were applied, Section 2.3.4.1 !.5 of the Land Development Code indicates that where special circumstances exist, the Iocational requirements of Section 2.3.4.11.2.b and/or Section 2.3.4.11.2.d ma.',' be reduced where the proposed {~ff-site parking will serve water-dependen! and/or '~vater-related uses. Item: ll.B. 'fhe appellant states that it was represented to thc boat slip owners prior to their purchase that the parking on the original Master Plan would serve thc marina. This claim has no bearing on the this insubstantial change determination since the County's approval of original Master Plan did not specifically depict a location for marina parking. Furthermore. thc appellant claims that the marina parking had to be provided on the Mater Plan in order for it to be approved. As previously noted, PUD Master Plans are only intended to be used as a general guide for development, therefore, not every specified use within a development tract needs to be illustrated. The appellant also indicates that Section 2.2.3 of the PUD document defines minor variations in the location of roads, structures and lake boundaries to require a PUD amendment tbr all changes to over 100 feet. This statement is inaccurate and inherently false. Section 2.2.3 of the PUD defines minor variations as being ~'!~hln l~ 50 feet of the location as shown on the PUD Preliminary Master Plan. Any va: iation~ ~ 7 t40v 1 0 1998 up to i 00 feet shall require conceptual site plan approval as defined in Section 2.6 of the PUD Document. Section 2.6 outlines the conceptual site plan process. It should be noted that the PUD document does not address variations over I00 feet as the appellant claims. Furthermore, Section 2.7.3.5.1 of the Land Development Code provides the criteria as to whether a change to an approved PUD Master Plan is substantial or insubstantial. The appellant has submitted a professional opinion prepared by William I.. lloover. AICP, which indicated that 48 parking spaces are required by the PUD while the LDC would require an 25 additional parking spaces. In response, the I.DC marina parking standard is not applicable since the Board of County Commissioners adopted the Southpointe Yacht Club PUD. In addition, the proposed' Master Plan is consistent with the PUD requirement to provide 48 parking spaces. Mr. lloover also mentions that there are possible fire safety concerns regarding the yacht club building lire sprinkler system. lte also states that Section 2.2.3 of the PUD document requires a I'UD amendment for variations in the location or roads, structures, and lake boundaries exceeding 100 feet. It should be noted the issues of fire hydrant location and building sprinkler systems are typically addressed at the time of site development plan review and or construction plan review. Staffs response to the variations to the Master Plan per Section 2.2.3 of the PUD was addressed in Item II.B above while the issue of off-site parking was addressed in Item II.A. AGEI'~OAJTEM nov 1 0 1998 TREISER~ KOBZA & VOI.PE, cmo. LIqa H Thoma,~ ^. Colhn~. II = Kent A. $ohan~on · Catherine E KMon Kim Pamck Kob/a: Slanley J. Andre~ H, Richard M Tre,~r Christopher T. Vernon Michael 1. Vol~ - ATTORN£Y$ AT L. AW The Northern Trust Buildinff 4001 Tamiarni Trail North Suite 330 Naple.~. Florida .14103 Telephone (941 ) 649-4900 Fax (941) 649.0823 Internet Address: www.tkvnaples.com kn.'hard Shapaek ¢~ WiIham L Ro~er~ o~' C oun..el Scptcmber 11. 1998 VIA llAND DELIVERY Mr. Vincent A. Cautcro, Administrator Community Development and Environmental Services Collier County Development Services 2800 Horseshoe Drive Naples, Florida 34104 Mr. Ronald F. Nino, AICP, Manager Community Development and Environmental Services Collier County Development Services 2800 Horseshoe Drive Naples. Florida 34104 Mr. Robert J. Mulhere. AICP Planning Services Department Director 2800 Horseshoe Drive Naples, Florida 34104 Mr. Raymond Bellows Principal Planner 2800 l torseshoe Drive Naples. Florida 34104 Collier County Board of County Commissioners Attention: Chairwoman Barbara Ben').' 3301 Tamiami Trail East Naples. Florida 34112 Re: Appeal to Board of Collier Count' Commissioners of Insubstantial Change Determination Relating to Petition No. PDI-98-3, Southpointe Yacht Club PUD Dear Commissioner Ben')', Mr. Muihere. Mr. Cautero, Mr. Nino and Mr. Bellows: Our firm represents thc Southpointe Boat Slip Owners Committee Ad Hoc, which is comprised of several aggrieved boat slip ov,'ners at Southpointe Yacht Club at Windstar Marina, including Glenn Oakes, Lee Flandreau and Jack Fink. On Juls' 23, 1998, East Sound Realty, Inc. submitted an application for an insubstantial change determination to the PUD Master Plan of Southpointe Yacht Club, PUD #88-82. The requested change would relocate eighteen or more parking spaces for Southpointe Yacht Club at Windstar Marina, which are required spaces under both PUD #88-82 and the Collier Count>' Land Development Code. from property adj~ NOV 1 0 1998 Appeal to Board of Collier County Commissioners September I1. 1998 Page 2 of 9 marina to an off-site location. On August 24, 1998, Collier County Community Development Services Division determined that the requested amendment to the PUD Master Plan specified in Petition No. PDI-98-3 constitutes an insubstantial change. A copy of the written determination, signed by the Director, Planning Services Department (joined by a principal planner, the manager of the current planning section, and the administrator) was provided to the Appellants, along with a notice of public hearing before the Collier County Planning Commission scheduled for September 17,1998. Pursuant to section 2.7.3.5.1, section 2.7.3.5.2. section 1.6 and section 5.3.2.2 of the Collier County Land Development Code, and section 250-55 through 250-60, inclusive, of the Codes of Laws and Ordinances of Collier County. Florida. this letter serves as an appeal to the Board of Collier County Commissioners, on behalf of the above-named appellants, as aggrieved property owners, appealing the determination that Petition No. PDI-98-3 constitutes an insubstantial change to the Master Plan of PUD #88-82.~ BACKGROUND Section 4.2.1 of PUD #88-82 requires two (2) parking spaces for every three (3) wet boat slips at Southpointe Yacht Club at Windstar Marina. The marina consists of seventy-two (72) boat slips and therefore the required number of parking spaces for the marina and yacht club is forty-eight (48). Although the marina is full.,,' constructed, the required on-site parking spaces have never been provided and the owners of the boat slips have been forced to park in unimproved lots adjacent to the marina in order to access their slips. On May 4, 1998, Collier County Code Enforcement issued a Notice of Ordinance Violation and Order to Correct to the current developer of the properties adjacent to the marina for inadequate off-street parking facilities. The developer was ordered to amend the site development plan. and the PUD master plan, to show adequate off-street parking facilities for the existing wetslips. On July 23, 1998, East Sound Realty, Inc. submitted an amended PUD Master Plan and an application to have the amendment approved through the insubstantial change process outlined in the Collier County Land Development Code. However. the staff of Collier County incorrectly evaluated the relocation of the parking under the criteria. Therefore, the determination that Petition No. PDI-98-3 is an insubstantial change was made in error. i Through the filing of this appeal, the Appellants do not waive any rights or interests they may have to pursue additional remedies, to challenge the legality of the ordinance (specifically improper delegation), nor do they waive their right to appeal any future decisions made by the Collier Count)' Planning Commission or Board of Collier County Commissioners with regard to this manet. NOV 1 i0 1998 Appeal to Board of Collier Count)' Commissioncrs September 11, 1998 Page 3 of 9 The Insubstantial Change Determination Made by Community Development Serwices Relating to Petition No. PDI-98-3 is Incorrect Under Section 2.7.3.5.1.4, Section 2.7.3.5.1.8, and Section 2.7.3.5.1.9 of the Collier Coun .ty Land Development Code. Section 2.7.3.5.1 of the LDC defines an insubstantial change to a PUD as a change that is not deemed to be substantial. A substantial change exists where any of the circumstances outlined in section 2.7.3.5.1 of the LDC exist. The Memorandum dated August 24. 1998 to the Collier County Planning Commission from Community Development and Environmental Services (hereinafter "staff report" attached as Exhibit "A"i outlines each of the circumstances cited in the LDC which would constitute a substantial change and provides a response. However. the staff report incorrectly evaluates several of the criteria. A. Section 2.7.3.5.1.4 of the LDC Section 2.7.3.5.1.4 of the LDC states that a proposed relocation of nonresidential land uses constitutes a substantial change. The staff report states that the parking areas are deemed to be accessory to the permitted uses. and therefore there is no relocation of] nonresidential ]and uses proposed by this petition. This is incorrect. Section 4.1.1 of the PUD document defines parking for the yacht club. clubhouse and wetslips as a principal use. The Petitioner is requesting permission to move the parking required by Collier County Ordinance. and which is a principal use under the PUD. from an on-site location adjacent to thc marina to a location off-site and a substantial distance away from the marina. This is clearly the relocation of a nonresidential land use as contemplated by tl~e LDC and therefore is a substantial change. Furthermore. the Staff report attempts to justify thc relocation of the parking by stating that the new parking location will serve to comply with thc parking requirements for the marina ,,'ia a 12 foot sidewalk. The sidewalk is 12 feet in width. The report fails to mention the distance from thc parking lot to the marina. There is no basis within the staff report from which one could determine whether thc location of the proposed parking complies with the LDC or not. There is no mention of distance anvwhere in the report (see discussion in ll.A. below). The insubstantial change determination must' be reversed. B. Section 2.7.3.5.1.8 of the LI)C Section 2.7.3.5.1.8 of the LDC states that a substantial change exists where "the change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use." The staff report, subsection (h) states that the proposed relocation will not have this effect since the marina parking is centrally located and is designed to serve the existing marina. This is an incorrect analysis. The marina parking is not centrall, located. In fact, it has been moved from a location adjacent to the marina to a locati ~n NOV 1 0 1998 po, // Appeal to Board of Collier County Commissioners September I 1, 1998 Page 4 of 9 the residential buildings and a substantial distance away from the boat slips. It does not allow the slip owners to load or unload their vehicles within a reasonable proximity of their boats and does not appear to serve the existing marina. This results in an incompatible land use for the marina, which is an adjacent property. Therefore, a substantial change exists under this subsection of the LDC. C. Section 2.7.3.5.1.9 Section 2.7.3.5.1.9 of the LDC states that a substantial change exists where the proposed change "would increase the density or intensity of the permitted land uses." The staff' report, subsection (i), states that the additional parking does not increase the intensity of the permitted land uses since it is needed to satisfy the marina parking requirements. However. the' staff report fails to consider that the original PUD Master Plan contemplated that the parking would be located where the Petitioner is now seeking to build residential units. Therefore. the relocation of the parking would allow the developer to increase thc residential density and intensity of the land use through the construction of residential units where the original parking was required to be. Additionally. the new location of thc parking was originally intended to be green space. Therefore, the construction of a parking lot in that location increases the intensity of the land use. Thus, for any one of these reasons, a substantial change exists under section 2.7.3.5.1 of the LDC. II. THE INSUBSTANTIAL CHANGE DETERMINATION MADE BY COMMUNITY DEVELOPMENT SERVICES RELATING TO PETITION NO. PDI-98-3 IS INVALID. The Insubstantial Change Determination Is Based On Incorrect And Incomplete Criteria. The insubstantial change determination made by Community Develop- ment Sen'ices relating to Petition No. PDI-98-3 is invalid because it was evaluated using incorrect and incomplete criteria. If the complete set of criteria enumerated in the Collier County Land Development Code (hereinafter "LDC") had been utilized in this determination, it is clear that the requested changes specified in Petition No. PDI-98-3 are, in fact, substantial changes. Furthermore, to allow the parking to be relocated through the insubstantial change process will result in a violation of the LDC and of PUD 88-82. The staff report begins by stating (under the Purpose/Description of Map Change section) that the relocation of the parking areas are deemed to be on-site since the proposed parking locations are still within the PUD boundaries (see staff report attached hereto as Exhibit "A"). This analysis fails to take into account the locational requirements for off-street parking as defined in section 2.3.4.11 of the LDC. For purposes of determining NOV 1 0 1998 Appeal to Board of Collier County Commissioners September 11.1998 Page 5 of 9 proposed parking is on-site, it is irrelevant that thc proposed location is still within the PUD boundary. Section 2.3.4.11 states: "1. Ali reqt, ired off-street parking facilities shall be located on the same lot they serve or may be located on another lot under the same or different ownership, provided: a. The lots are contiguous...; and b. The lot proposed for parking permits parking facilities or the same or more intensive land uses than thc lot on which the principal structure is located. c. That in the case ofoff-site parking facilities proposed to be located on a lot or lots not under the same ownership as the lots on which the business or use said parking is intended to serve is located, such off-site parking may be approved as follows: i. Subject to the procedures set forth in section 2.3.5 of this code; or... a. All of the lots are under the same ownership; ' b. No off-site parking space is located further than 300 feet from the building or usc the.',' arc intended to serve . . . unless special circumstances exist under section 2.3.4.11.5: c. The lots are not separated by an arterial roadway... d. At least 67 percent of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under section 2.3.4.11.5." [emphasis added]. A "lot" is defined in section 6.3 ofthe I,DC as "... part of a subdivision recorded in the public records of Collier Count,'3'. Florida .... "In the present case. the proposed parking is to be constructed on a lot under different ownership than the principal structure (the marina), and therefore must meet the off-site requirements of the I.DC (sec memorandum dated June 8. 1998 from Ronald A. kisak to Blair Foley attached to Exhibit "A"). The staff report does not address these criteria and ignores the Iocational requirements mandated by the I.DC. No off-site parking space is permitted to be located further than 300 feet from the building or use it is intended to serve, .,,'et nov,'here docs the staff report even discuss the criteria of distance. Additionally. at least 67 percent of the required parking for the development is required to be located on the lot with the principal structure. To date. none of the required parking (no percentage) for the marina is on the same lot as the principal structure nor is an)' on-site parking contemplated re)der the Petitioner's proposal. Although special circumstances exist under section 2.3.4. il .5 of the LDC since the parking is intended to serve water related use. the I.DC clearly does not alleviate 100% of these requirements. It merely allows some flexibility. The staff failed to use the correct and complete criteria in evaluating whether the parking is on-site or off-site and failed to address the Iocational requirements under thc LDC. thereby using incorrect and incomplete criteria in determining that PDI-98-3 is an insubstantial cbnnoe lqOXY I 0 199B Appeal to Board of Collier County Commissioners September I I, 1998 Page 6 of 9 To allow the parking to be relocated through the insubstantial change process will result in a violation ofthe LDC and the PUD. The determination is invalid. B. The Determination is Based On Inaccurate Facts The staff of Collier Count)' relied on inaccurate facts in making the insubstantial change determination. The staff report states that the parking area shown between the two larger building as depicted on the current master plan was not specifically designated for any particular use and could have been used to serve the marina or the residential uses. This is an incorrect statement. As hearing testimony will demonstrate, the parking area shown on the original master plan was in fact shown to the boat slip owners before the)' purchased their boat slips. It ,,,.'as represented to them that this would be the location of the parking that would serve the marina. Additionally. section 4.2.1 of the PUD document requires tv,'o (2) off-street parking spaces for each three (3) boat slips. Had the master plan not shov.'n the required parking (or at least a location for the required parking), it could not have been approved in compliance with the PUD document. The current master plan does not show an'.' other parking for the marina and therefore it is unquestionable that the parking as shown '.'.'as intended to serve the marina and clubhouse. The staff report also states that this is a minor administrative change that may be made to the plan since the changes are deemed consistent with the general intent and the development scheme depicted on the master plan. Changes deemed inconsistent require an amendment to the master plan. First, this is not a minor change as defined by the PUD document. Section 2.2.3 of the PUD states that minor variations in the location of roads, structures and lake boundaries shall be defined as being within rift)' feet (50') of the location as shown on thc PUD Preliminary Master Plan. Any change over fifty feet (50') either requires an amendment to the PUD Master Plan (for changes between 50 and 100 feet) or an amendment to the PUD itself (for all changes over 100 feet). Although the Staff report does not address the distance that the parking is being moved, our research shows that it is approximately 489 feet from the original location as shown on the PUD Master Plan. and as a result the lake's western boundary has been relocated over 100 feet to thc east. thereby requiring a PUD amendment. Furthermore, parking for the marina and clubhouse is defined as a principal use in section 4.1.I of the PUD document and therefore would fall under the requirements for movement of a structure, once again, requiting a PUD amendment under the definitions in section 2.2.3. Therefore, by the terms of Collier Count), Ordinance, PUD No. 88-82, this cannot be considered an insubstantial change. Additionally, the proposed change in the location of the parking is inconsistent with the general intent and development scheme as depicted on the master plan. Section IV of the PUD states that the yacht club will be the visual, recreational and cultural focal po community. Its function will be similar to that of a golf course country club. The n aster~l~,~ NOV ! 0, 1858 Appeal to Board of'Collier County Commissioners September I I. 1998 Page 7 of 9 depicts parking for the marina and clubhouse adjacent to the marina and clubhouse. It cannot now be claimed that it would be consistent with the development scheme and intent to fail to provide parking adjacent to the marina and clubhouse. The proposed parking will have the effect &lowering the property values of the boat slips and diminishing the owners' use and enjoyment of their property. Additionally. this would be the only marina in Collier County (with the exception of the City of Naples Dock) that does not provide adjacent parking. Another inaccuracy in thc staff report is that thc general development scheme depicted in the PUD master plan has to be revised to designate the required parking area in the locations shown because it is the only area available which does not provide building and related space. This statement contradicts the earlier statement in the staff report that the change is deemed consistent with the development scheme depicted in the master plan. Now. one paragraph later. the staff report states that the development scheme needs to be revised. Furthermore, buildings 4 and 5 have not yet been constructed, and a permit for building 5 has not .','ct been issued. Therefore, there is still available space to construct parking adjacent to the marina. The insubstantial change determination is not only based on incomplete and incorrect criteria, but it is also based on facts which are inherently false. The determination violates the PUD document. Collier County Ordinance 88-82 and the LDC. The insubstantial change determination is invalid and the relocation of the parking ma.,,' only be accomplished by amendment to the PUD. III. SECTION 2.7.3.5.1 OF TIIE LDC, ALLOWING STAFF TO MAKE AN INSUBSTANTIAL CllANGE DETERMINATION, IS AN IMPROPER DELEGATION OF AUTilORITY AND IS INVALID. Section 2.7.3.5.1 of the LDC is an improper delegation of authority and therefore is invalid. Collier County Government does not have a statutory, or constitutional basis upon which it can delegate the authority to amend a PUD. which is a Collier County Ordinance, through an insubstantial change determination made at thc staff or planning commission level. The effect of this provision is to delegate thc lawmaking authority of an elected governmental body, which is clearly prohibited by law. This procedure results in a direct violation of property owners' due process rights, including the right to a public hearing before ti~e proper governmental body. The Appellants do not waive their right to pursue this argument and hereby preserve this issue for appellate purposes. CONCLUSION The purpose of the substantial change determination is to ensure due process and to protect property owners from changes to zoning ordinances, such as this one. without thc of a full hearing before the Board of Collier Count)' Commissioners. The relocat!on NOV 1 0 1998 Appeal to Board of Collier County Commissioners Scptember 11. 1998 Page 8 of 9 parking in this case will not only have the effect of significantly decreasing the value of the boat slips and diminishing the owners' use and enjoyment of the property, but it will negatively impact the adjacent properties. The proposed relocation fails to sen, e the marina, as required by the PUD Master Plan and the LDC and must be considered a substantial change for any or all of the reasons outlined above. Clearly, the proposed modification does not meet the criteria for an insubstantial change and is in violation of both the LDC and the PUD document. At the least, the modification impacts the considerations outlined in section 2.7.3.5.1.9 of the LDC and therefore must be deemed substantial under section 2.7.3.5.1.9.11 of the I,DC. in addition to the subsections already cited. The insubstantial change determination made by Community Development Sen'ices is incorrect and is based on incomplete criteria and the Petitioner must amend the PUD to relocate the parking. Respectfully Submitted. T .RE~SER, KOBZA & VOLPE, CItTD. Klm Patrick Kob~. Esq. Florida Bar No.: 360945 Lisa H. Barnett. Esq. Florida Bar No.: 0096180 CC: Mr. Glenn Oakes Mr. Lee Flandreau Mr. Jack Fink Enclosures: Filing Fee NOV 10 1998 Appeal to Board of Collier County Commissioners September 1 I, 1998 Page 9 of 9 CERTIFICATE OF SERVICE I hereby certif,v that a true and correct cop.,,' of the foregoing Appeal has been forwarded to the following persons via First Class U.S. Mail or ttand Deliver)'. !) Mr. R. Scott Price Kelly. Price, Passidomo & Siket 2640 Golden Gate Parkway. Suite 315 Naples, Florida 34105 2) Ms. Marjorie Student Collier County Attorney's Off]ce 3301 East Tamiami Trail Naples, Florida 34112 3) Mr. Rex Roten Livingston. Patterson. Strickland & Weiner 46 North Washington Boulevard. Suite 1 Sarasota. Florida 34236 4) Mr. Andrew I. Solis Kelly. Price. Passidomo 8: Siket 2640 Golden Gate Parkway. Suite 315 Naples, Florida 34105 Dated this ~ day of ,1998. l. isa I!. Bamct'i. Esq. AGENDA LTEM _ ~ No. ~ ~,r,.,~. ~ NOV 1 0 1998 3IEMORA,YDUM EXHIBIT A TO: FROM: DATE: RE: COLLIER COD~'NTY PLANNING COMMISSION CODhMI.~'ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AUGUST 24, 1998 PETITION NO: PDI-95-3, SOLYrHPoINTE YACHT CLUB PUD OWNER]AGENT: Agent: Mr. Blair A. Foley Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 Owner: East Sound Realty, Inc. 1700 Windstar Boulevard Naples, Florida 34112 P, EOUESTED ACTION: The petitioner seeks approval of an insubstantial amendment to the Southpointe Yacht Club PUD Master Plan to relocate parking areas to serve the marina. ~;EOGRAPHIC LOCATION: The Southpointe Yacht Club PUD is located directly south of the Windstar PUD which is a ½ mile' south of Thomasson Drive and ~/, mile west of Bayshore Drive in the northwest quadrant of US-41 and Vanderbilt Beach Road in Section 23, Township 50 South. Range 25 East (See location maP:l! fc~llowing page). PURPOSE/DESCRIPTION OF MAP CHANGEi The applicant wishes to amend the currently approved PUD Master Plan by adding a sidewalk and relocating the parking lot areas to serve the existing marina. The relocation of the parking areas are deemed to be on-site since the proposed parking locations are still within the PUD boundaries. The proposed amendment (Exhibit "A") also includes a revision to the building footprint locations by r~placing the two larger residential structures to the south of the marina with 5 smaller residential structures. The need to revise the current Master Plan results fi.om a prior approval of a si~ development Plan (SDP) which placed buildings #2 and #3 approximately 35 to 4. i feet~~.3~ together than is shown on the originally approved Master Plan (Exhibit "B"). The it I tent of this t ov 1 0 1998 mi EXHIBIT "A" NO. NOV 1 0 1998 Z EXHIBIT ORIGI.MAL MAS · .R -PLA:,' 10 1998 MASTER PLAN DEPICTING ACCESS TO THE WINDSTAR PUD DATA 11.95 .46 AC. 4.09 A~ 16.5t AC. ..-; .'., ! .,.~~ EXI-'IBI'T A · .-., ), · PRt::t:I~%~NARY MASTER PLAN change during the SDP process was to allow t'or increased open areas and improved view corridors between the five smaller buildings versus the view blockage created by the 2 larger buildings. This change also resulted in the elimination or relocation of a proposed parking area between thc two larger buildings as depicted on the current Master Plan. This parking area was not specifically designated for any particular use and could have been used to serve the marina or the residential uses. The actual location of structures and parking for the marina is at issue. Therefore. the intent of this petition is to acknowledge the as-built conditions of buildings #2 and #3 and to delineate the required parking for the marina. In addition, a 12 foot wide access way from the parking area to the dock has been added to the Master Plan which also depicts parking spaces on the sou',h side of the main entrance road. These modifications are not unusual given the conceptual nature of PUD Master Plans for residential communities. Since PUD Master Plans are only intended to be used as a general guide for development, minor administrative changes have traditionally been made to the plan during the site development plan process as long as the changes are deemed consistent with the general intent and the development scheme depicted on the Master Plan. Changes that are not deemed consistent with the general intent of the Master Plan will require an amendment to that plan. For example, the Collier County Planning Commission approved an insubstantial change to the Southpointe Yacht Club PLq3 Master Plan in 1993 to allow a roadway interconnection to the Windstar PUD to the north (Exhibit "C"). Since this interconnection was not consistent with the general intent of the development scheme depicted on the PUD Master Plan, an administrative approval of the interconnection could not be made. It should be noted that a Collier County Code Enforcement Notice of Ordinance Violation was issued on May ,~, 1998, for failure to provide the required parking for the marina. In order for the petitioner to add the required marina parking and to comply with the Notice of Violation, the general development scheme depicted in the PUD Master Plan has to be revised to designate the required parking area in the locations shown because, in fact, this is the only area available which does not provide building and related space. In addition, two meetings were held with the petitioner concerning the above referenced issues. On April 15, 1998, a meeting was held concerning the building permits for building #4 and the Marina parking. Another meeting was held on June 24, 1998 between County staff, the petitioner, and others including Gayland Moor of the East Naples Fire District to address the fire and emergency semice access issues. As a result, these emergency access issues have been resolved as noted in the analysis section ofthis StaffReport. The Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan are to be revised before they can be approved by the CCPC. The criteria and a response to each criteria is listed as follows: a. Is there a proposed change in the boundary, of the Planned Unit Development (PUD)? No, there is no proposed change in thc boundary of thc PUD. Is there n proposed increase in the total number of dwelling units or intensity or height of buildings within the development.'? 2 No. there is no proposed change in thc type of land use or incrcasc in the total number o£ dwelling units which might have the effect of increasing the intensity of the use of the land or height of buildings within the development. It should be noted that the PUD document specifies the project density and the total number of dwelling units that can be built. The document also specifies the type of units and provides development standards that regulate the height of the permittcd structures. As a rc~ult, the change in size and location of'the building footprints will not change thc requirements of the PUD document. Lastly, since the parking areas are accessory to the permitted uses, the relocation of those required parking spaces will not increase the intensity of the permitted land uses. The only change this amendment affects is the change from fewer larger buildings to a greater number of smallcr buildings and.the manner and location of parking for the residential and marina uses. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, consev.'ation, recreation or open space areas, within the development in excess of five (5) percent or five (5) acres. There is no proposal to diminish lhe existing open space areas with structures which would decrease the areas presently used for recreation. An August 6, 1998 memorandum by Stephen Lenberger, Environmentalist II, states that the proposed change to the Master Plan is approved as submitted. de Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, The proposed amendment will not increase thc size of institutional, commercial and/or industrial uses. As noted above, the parking areas are deemed to be accessory to the permitted uses (for residential and/or marina), therefore, there is no relocation of nonresidential land uses proposed by this petition. The spatial relocation of the parking areas is necessary since the buildings (~t2 and #3) already occupy the parking location depicted on the Master Plan which may or may not have been intended to serve thc marina. The new parking locations willi serve to comply with the parking requirements for the marina via a 12 foot sidewalk. ee Is there a substantial increase in the impacts of the development which may include, but, are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? , No, there are no substantial increases in the impacts of the development or significant changes to the traffic circulation system resulting from the spatial relocation of the building footprints and parking areas within this partially developed PUD community. However, the distance residents of Southpointe Yacht Club) will ha'rg to marina slip owners (who are not the marina, will increase from the distance they'woul~h~ from the proposed parking area to ......... ,, , , .... 1 II III III III ................... l'r had to travel had the parking been placed nearer the marina, as may have been possible if the original parking lot been developed for marina usage between buildings #2 and #3. However. this distance is offset by the provision ora 12 foot wide concrete sidewalk that will allow for emergency services, and therefore, the provision of emergency services to the marina is unaffected. The petitioner also indicates that a cart will be provided to carry pedestrians and supplies from the drop-off and pick-up area to the dock. Furthermore, the Fire Department has determined (see attached letter) that the emergency service access proposals to the marina will satisfy their requirements. Lastly, the July 27, 1998 Traffic Impact Memorandum by Ed Kant (see attached) indicates that the relocation of the building footprints and the parking area for the marina will not create any additional site generated trips and does not appear to have any effect on the adjacent road network. As a result, this amendment will not have any greater impact on any County roadway nor will it impact any other public facility. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional site generated trips based upon the ITE Trip Generation Manual inasmuch as there are in fact no additional land uses brought about by this amendment. ge Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, Engineering Review Staff has indicated that the proposed change to the Master Plan should not result in a requirement for increased stormwater retention. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the proposed marina parking is centrally located within the boundaries of the PUD Master Plan and is designed to serve the existing marina use within the PUD via a 12 foot wide concrete walk for pedestrian and emergency access. The relocation of the parking area as illustrated on the proposed Master Plan is necessary since the existing Buildings (#? and ;t3) are located in the area in part that was depicted as a parking lot on the current Master Han. Since the marina is currently deficient in parking, staff has determined that the Master Plan should be revised to indicate the required parking. The existing parking area on the south side of the main entrance road has been added to the Master Plan to reflect the existing condition. This existing parking area is screened from the adjacent properties to the south by a natural buffer area, therefore, staff is of the opinion that the proposed change will not bring about ~1~.~1~ incompatible relationship with land uses that are adjacent to this PUD. No 4 NOV 1 0 1998 Are there any modifications to the PUD ,Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity, of the permitted land uses? No, this modification is in compliance with the Future Land Usc Element of' the Growth Management Plan. The modification to relocate the building footprints and parking areas which are accessory to the permitted uses does not increase the intensity of the permirted land uses. In addition, the PUD document specifies the project density and the total number of. dwelling units that can be built. The PUD document also specifies the .type of units and provides development standards that regulate the spacing and height of the permitted structures. As a result, the proposed change in size and location of the building footprints will not change the approved density of the PUD. je The proposed change is to n PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier Count).' pursuant to See. 380.0{5 (I9), F.S. Any change that meets the criterion of See. 380.06 (19)9e)2., F.S., and any changes to a DRIIPUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier Count).' under Sec. 2.7.3.5.4 or See. 2.7.3.5.6 of this Code. The Southpointe PUD is not a DRI. The above analysis indicates that approval of the amendment to the Master Plan supports a conclusion that the amendment is insubstantial. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 2.7.3.5.1.1 through 2.7.3.5.1.97 Based upon the above referenced analysis, the proposed modifications are only to the Master Plan. There are no changes that impact any consideration deemed to be substantial. STAFF RECOMMENDATION; Staff recommends that the Collier CounD' Planning Commission (CCPC) approve Petition PDI-98-3 representing an insubstantial revision to the Southpointe PUD by changing the current Master Plan as shown in Exhibit C as compared to the revised Master Plan shown as Exhibit A. NOV 1 0 '1998 PREPAKED BY: ~,AY~LLoWs PRINCIPAL PLANNER ~)N ALD 'i~. '~ (5, 'A.YC~, MANAGER ~~ ~~o S~CT~ON VII~CENT~A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PDI-98-3 Staff Report for September 17, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE DATE DATE' MICHAEL A. DAVIS, CHAIRMAN PDI-98-3/STAFF REPORT/RVB/rb NOV 1 0 1998 e EAST SOGND REALTY, ENC. 4343 Yacht Harbor Drive Naples, Florida 34112 June 26, 1998 H. Wayne Bryan, Offi.ce of the Fire Code Of£~cial Collier County Fire Control & Rescue Districts 2R000 Nnrth Hnrse.~hoe Drive Naples, Florida 341Cg Re: South~inte at Windstar Marina bmr Mr. Bryan: This letter will confirm the agreements reached at the meeting attended by you, Gayland Moore, Ron Nino, Kevin Manning of McGiffen-Shipp.~ Construction, Inc., Blair Foley of Coastal Engineering Consultants, Inc., Mr. Mazzone of thc Code Enthrccment Deparunent, ~d Debts Brunet and Attorney Andrew Soils on behalf of East Sound Realty, Lnc., regarding the fire safety and emergency access at thc Soud~pointc at Windstar Marina. Pursuant to your requests, East Sound Realty, Inc., will agree to provide the following fire protection systems and ace,s at the Southpointc at Wir, dstar Marina: A standpipe system will be provided to the clubhouse island from the marina board walk. The standpipe system will comply with NFPA 303, Standards for Marinas and Boatyards (1995). A standpil~ system will bc provideg along thc marina perimeter that will comply with NFPA 303. Standards for Marinas and Boatyards (1995). A 12 foot emergency ~ccess meeting Collier County emergency access requirements will be provided from the turnaround area of the parking lot to be constructed between buildings 5 and 6 of the Yacht Harbor Cove Condominiums. A fire hydrant will be provided adjacent to the turnaround area o/' the park:,ng lot between buildings .5 and 6. It is understood that thc design and consu'uction of the s~dpipe systcms wiU be s,mch that all portions of thc ve..,tscls in thc marina will bc within 150 fcct of each stanclpilx: or hydrant, and that the distance is measured from the Fire hose connection 1o the end oF the fire hose nozzle. This letter will also confirm that thc turnaround area to be provided in thc parking lot docs not need Io provide for full turning movements of fire fighting eqt~ipment. Fnrther, it alsn agreed that the boat slips associated with the residential island arc exempt from the requirements of NFPA 303. NOV 1 0 1998 H. Wayne Bryan, Jr. Sune 26, 1998 Page 2 The foregoing fire protection systems and emergency acce~,~ hetw .con buildings $ mad 6 shall be provided at East Sound Reaity's expense. East Sound Realty will proceed with the design and permitting of the standpipe systems. The develc~cr of the Yacht Harbor Cove Condominiums will be providing the additional access between buildings 2 and 3 at its expense and will be confirming same by separate letter. If you have any questions, please feel free to contact Andrew Solis at 261-3453. Sincerely, Susan Hanson Vi~ Prc.sident cc: K. Manning, HcGiffen-Shipps J. McGiffen, Southern Pointe, Inc. R. Roten, Esq. A. Solis, Esq. T. Grimm, $outhpoince at Windstar Marina NOV 1 0 1998 OFFICE OF THE FIRE CODE OFFICIAL aOllier County Fire Contr. ol & Rescue Districts 00 North H~rseshoe Drive pies, Florida 34104 615/98 McGriffen-Shipps Construction Inc. 109 Overlea Way Venice, FL 34292 Permit No. 98030446 - Condo (~ Windstar Gentlemen: This letter is a request for a meeting concerning the proposed 4 unit condo referenced above. It has come to my attention that a serious lack of fire apparatus access exists for this entire site development plan (Yacht Harbor Cove). All approved site development plans on file depicted a 3" fire line to service the clubhouse island and boat slips. I now understand that no fire protection line or system was ever installed. Additionally, no access is provided to the boat slips that circle the harbor. These conditions violate the provisions of NFPA 1, Fire Prevention Code and NFPA 303, Marinas and Boatyards. If fire apparatus cannot position themselves within 150 ft. from all boat slips then NFPA 303 requires that hose connections be provided in accordance with NFPA 14, Fire Standpipe Systems. In discussions with Deputy Chief Gayland Moore of the East Naples Fire Department, I have learned that he has fire hydrant access problems as well as dead-end turnaround problems at the site. All these issues necessitate a meeting between parties so that an acceptable remedy(s) may be agreed on. Permit #98030446 is on hold by the Structui. al and Plumbing Plan Reviewers for vadous unresolved issues that they have. I have also now placed a hold on this structure pending the resolution of the issues I have articulated. Please contact me at your earliest convenience. Respectfully, ayn .CC.~ay~gpartment Colh'c:~Coun~ Development Services H. WAYNE BRYAn, JR. · OFFICE (941) 403-2498 · FAX (941) 403-2334 Yacht Harbor Cove Violations.doc 06/0519S I Collier County Transportation Services Department Memorandum To: Ray Bellows Project Planner From: Edward J. Kant, P.E. (~ Transportation Services Director Date: July 27, 1998 Re: PDI 98-3, Windstar Marina This proposed change does not appear to have any effect on the adjacent road network. We otTer no additional comment at this time. If there are any questions or if you seek additional information, please contact me at 774-8494. cc: File: PDI 98-3, Windstar Marina NOV 1,0 1998 PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION MEMORANDUM TO: FROM: DATE: RE: Ray Bellows Principal Plnnner Stephen Lenberger. i Environmental Specialist II Angust 6, 1998 PDI-98-3 Southpointe Yacht Club XX Approved ns is. NOV 1:0 1998 PETITION NUMBER DATE PUBLIC HEARZNG BEFORE COLLIER COUNT~ ~uu~z.~ co~zss~o. JUL 23 ~ ~z~ s~vzc~s ~~ ~c~e Name of Applicant(s) Eas~. Sour~ Bealtv, Inc. Applicant's Mailing Address 1700 Winstar Boulevard City Naples State Florida Zip 34112 Applicant's Telephone Number: Res.: .N/A Bus. :(941) 774-2300 Is the applicant the owner of the subject property? Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major 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 owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See attached legal opinion of ownership. (If space is inadequate, attach on separate page.) NOV 1 0 1998 Name of Agent Agents Mailing Address City ..Naples Telephone N,~mher: Res.: Blair A. Foley Firm Ooastal Engineering Consultants Inc. 3106 South Hours. shoe D~ive State Florida Zip 34104 Bus.: (941) 643-2324 PUD ORDINANCE NAME AND NUMBER: SouthDointeYachtClub .~3D#82-82 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). Provide Written Description of Map Change See revised mau. (If space insufficient use attachmeDt) Provide Current PUD Document and Master Plan. Yes __x Provide Amended PUD Master Plan. Yes x DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: x No If no, explain: Yes 10. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? N/A HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSEO FOR THE AREA SOLD AND/OR DEVELOPED? x Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See revised master plan. AGE~JT.,~ NOV 1 0 1998 We, .=-ast...~% l%~al:y~ Inc. being first duly sworn, depose and say that I am are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary mat=er a:CacneO to and made a part of this application, are honest and true to the best of our knowledge and belie~. I understand thi~ application must be completed and accurate before a hearing can be advertised. I further perm~= the undersigned to act a~ our representative in any matters regarding this Petition. ~T SO~ ~, INC. SIG~TURE OF ~lair h. ~ley, P.E. l SWO~4 TO ~D SUBSCRIBED BEFORE Mm~7 19_~ ~' " MY co~ss~o~ EX~RZS: PUD INSUBSTANTIAL APPLICATION NOV 1 0 19,,q8 PROM: DATE: RR: MEMORANDUM Blair Foley Ronald A, Lisa~ ~Iun¢ 8, 1998 Windstar/lviariaa Vi~ F~x 643-114,3 Scott has ,,k.~d m~ to reapond to your f'aczlrailc of June 4, 1998, inquiring about the ownership of tlu: various parcels in thc Southpointt: PUD. Rather th~ the drawing tl~t you .Faxed over, pla3~ ~ to the dmwlng ~ by Rick Ewing dated Jm~u3r7 9, L998, Conztzl En~=~ing Fi~ No. 97.400, ACAD Drawing No. 97400 Sk'T. According to the most _recent information we h~vc in file: 1. Tract A and Tract B ~own thereon, are orated by _g.a~t Sound Rcalty, Inc., aa Ohio co--on. The si§mm.,'y for this corporation is Susan J. Hanson, Vice Presider. 2. The Future Devcl~ment Parcel shown the.q:on, including ~opos~ ?hut: Four and Proposed Phase Five of Yacht l~--bottr Cove shown thr. r~on, i.s owned by Southern Pointc, Inc., a Florida corporal. We believe that $ohn W. btcOi~en, Pl~ident, iJ th~ ~Fnatary for this corpomdon, but plem.~ conFu'm tl~t with Ihem. 3. The origiaal grantee from East Sound Realty, Inc. of thc Iv',atina Cove propexty shown thctcon wu Marina Cove-Naples Limited Patmetahlp, a Florida limited partnership. Ffowevcr, plca.~ contact them in cate of John Seav~ Commuaiti~s, lac. to con,tm Itta: tlxat entity i~ still thc proper applicant with rcspcct lo ~ garccl ~ for thc rtam~ of thc proper ~ignatode. s. 4:47 NOV 1 0 1998 4. Thc owner or Tract E of Soutl~oiz~ at Windsar l~,iatin~ as sliown the4'~n ~nd of t~ common arcas between th~ buikliags nnd bctweea th~ bulldlrt~ and the prope~y ~ in Yacht ~ur Cow Pl-,tsc 1. ~ 2, and ~ 3, b ~~ Ncls~ ~i~o~ ~., a ~or~ ~o~ ~ol of ~ ~i~n ~ ~ ~ ~ F~t ~ ~ Point, ~. P~ co~ ~ for ~ ~~ for ~ ~. 5. Tr'act F o f,~lnt~ at Windst~ Muina (open ws~t~) ~ shown thmxm is owned Fast So,,,~ P,~Ity, la:. 6. Th~ various ttnits wid~;n Yacht ~ Cove Phm~ I, Y~ ~ ~ ~ 2, ~ Yacht ~r ~ ~ 3, ~ ~ ~ ~&~ ~ ~ ~ ~ p{~c ~t ~. For ~ if you ~ ~ ~ nM ~~ of~ ~~ ~ ~ a~, pl~ ~ ~ ~w. Ptea.~ let ua kn~w if you need n.nyth;,~ cts.. ix:: R. Scott Pri~ Page 2 uf 2 0~3~)8 '98 14:47 NOV 1 0 1998 PD198-3 f!ltlil!t~itit!t IIIIIIIIII!1111111 ~'T BY: 8-13-98 ; 12:53 : KI:)S,Mt''' 9.i1~J369~8:-' 2/ 7 KELLY, PfLICE, PASSIDOMO & SIKET ¢ :HA Il'Il.: II I':l I ATTORNEYS AT t.AW GREY OAIC% BI III.DING f~ POINCIANA PROFI'~IONAIo PARK 1640 ¢IOI.I)RN ~A'I~. PARKWAY N^PLE$, FLORIDA 3410S-320.N ,Tuly 23, 1995 Kim Patrick Kobza, Esq. 'IYeiser, Kobza & Volpc, Chancred The Northcm Trust Building 4001 Tamiarrti Trail North, Suite 300 Naples, Florida 34103 Re: $outhpointe at W/nds~r Mnfina . Dear l~im: As you know, thI.~ firm rcprcscnt~ P_~t Sound Rcalty, Inc. w/th ~ to the abovc referenced project. I nm in rcce/pt of Attorney Lisa Ih'ac~'s lc~ dam luly 17, 1998, alleging that our clic~t has misrepre.scnt~ several matlc~ and implying l~tt it has attempted Io circumvent thc County permi~g process. This ~ consl/tul~ P-,~ Sound Realty'$ response ~o the above rci'crenccd Icacr. We ~cqucst that you forward a copy of this response to your clicms. First, Ms. Bamett's lettex misstat~ the far. ts. The letter suites that a meeting was held without your client's knowledge wherein the County st~ffdetermi.,-~ that thc County did not havc any grounds to continue to hold th~ building permits for B~l,4;ng 4 based upon the Ma.dna parking issue. She fails to stale that this issue was resolved on April 15, 1998, at~ a meeting with Mr. Nine, Commissioner Ma~'lCle, and others that you personally attended. The PDI process now underway was not born of any developer/County conspira6T. Subsequent to the April 15, 1998 m~fi~g, we were advised that a 'hold" had been placed on the permit in question on the basis of the fire safety issue~ you raised with the Fast Naples Fire District and tile Office of the Fire Prolzxltion Official. This hold had beell Isslled a~ a direct result of your private discussions with thc fi,re chief. AS Seer Price stated at the April 15~ receding, our client is committed to providing all fire protection facilities and acce~ as are rcquirvd by the County and the Fire District. As a re..sult, our client and the developer of thc Yacht Harbor Cove Condominium had a meeting with Pon Nine, Wayne Bryan and Gayland Moore of the Fast Naples AGE~ NOV 1 0 !998 [ ~E'_T BY: 8-13-98 : 12:54 : KPS,~- 9416436~8:: 3/ 7 Klm Patrick Kobza Suly 23, 1998 Page 2 Fire D/st/ct on Sune 24, 1998. ~-. M~'-oneat~ded th~ m~fi__ng. ~e sole pu~ of ~ m~g w~ ~~. ~. ~ ~d ~ ~id ~ ~p~n~ w~ ~ r~ ~ o~ ~t ~d ~e Ya&t ~r C~ve d~elo~ coning ~t ~ h~ ha~ ~ r~lv~. Ther~ was nc-vet nny disc'u~on at tim l'une 24 meeting regarding wheth~ th~ building permit for Building 4 was contingent or conditioned on the PDI hem-lng that Ms. Barnett s~,e~ was scheduled for August 6, 1998, In faa, Mr. Nino sslced Mr. Ma=one who at the County had author/zed the _~c__ond 'hold' on the permit since that issue ~ been resolved at the previous meeting. Mx. Ma=one did not have a cleat re,q~nse. With regard to the PDI submis~on, the application has been filed and wiU be scheduled for hearing shortly. For your review, atIacahed is the most recently revised elght___,~n_ (18) parking space plan for the Marina. Plea.~ note the addition of a twelve foot (12') access lane from the parking area to the w~_¢r. I trust that this letter serves to clarify the facLs trpon which your clkmts are proceeding. I seriously doubt that the erroneous statements conlained in Ms. Bameti's letter will s~rve to foster zny cooperation between the If you have a~y qucagons, please feel free to give me a call at any time. Susan I-Ian~n Thomas Grimm Debra Brunet & SLKET NOV 1 0 1998 ~'T BY: 8-13-08 ; 12:54 ; 9416436968;: EAgT SOUND II~&LTY, INC. 43a~ ¥'a~! Harbor Drive N~ples; }:Iortd~ 34112 Ju.~ 26, 1998 Re: SouU~pcinte at Windstar Marina Dear Mr. i~n/an: This ]crier will con,tm the sareemmts reached at the m~eting aitended by you, Oaylaad Moore, Ron Nlno, Kcvin Manning of McGiffea-Shlplal Conilzucti~, I.,lc., Blair Foley of C:.oas~l Engineering Consaltant~, Inc., Mr. Mac. one alum Code enfmccmmt ~t, ~d fire safety aad 6Ale~Oncy access a£ lbo $out~poinlc si Winda'~r Mahna. Putluant m luut r~u=t~, Fast Sound R~tlty, Inc., will a~,-t~ to provide flu: fei[owing fire protection strums ace. n~ At the ,q~mlhpoln~ at Windscax .Marina: A sLm, nd~e sy~mm will be provided lo the ¢lubhoame igand A standpipe systr, m will be provided clone tl~ rnnzina perimeter that will with NFPA 30'3, Si,.~ndan:b for MarinM and Boatyarfls (19953. foot err~gm~ access meeting Collier Count7 emergen~ ~. ~Lrem~U ~ll ~ pmvi~ from ~ ~r~und ~ oE U: ~g lot to ~ ~m~c~ b~ bu~nBs 5 and 6 ~ ~ Y~ H~ Cove Co~iums. hy~t ~II ~ ~id~ ~m~t m xhe ~n~nd ma of~= ~g lot ~ buildin~ ~ aM ~, it h unzt~ratood chat the de-~illn and con&mmctloo of Se standpip~ $yAtems wiU bc such that ~11 port/cats of th~ vmw. ls in thc m,~-int will bc within 150 fe.~ of e~_eh II~apipc of hydrant, and thai the dlsta.mm is measured from Ute fire hose connection to thc end of lbo fir~ hose no~e. Thh I~tm' wl/t sttm cotffbm th~ the. tttrnamurtd area to bo provided in the parking lot dc~s not need re provide for frs11 t~ming movements oF fire fll:httflg equ~pmenL l:~rt~er, it al.~ ag _rte_a_ th$.t the boat flips trmeiated with the rr.-~enti~ island ate exempt from t~c tcqslirer~r.~a of NFPA 303. No NOV ! ~ .~-BY: H. Wayne Bryan, June 2~;, 1998 8-13-98; 12:155; liPS&H-, 9416436~68;: .5/ 7 P. 00;t TI~ ~'oregoin~ nra prm~ systems and em~'~eney aoca.v.s ~tw~ ~inas 5 ~ 6 ~gn ~d ~t~ng of ~o Sb~dpf~ ~mi. ~ d~ of ~e Yarc l~ ~ C~ominiums ~H ~ ~v~ng ~a ~i~ a~s bctw~ ~Udings 2 and 3 at i~ cx~n~e will ~ ~fi~8 ~me by ~mm 1~. If you have any qt~eations, pi~sc Ceel free to contact Andrew Soils at 261-3453. Sincerely, Stun Hanson Vic~ President .. S~"T BY: · Jun- 2~$- gE 8-13-98 ; 12:~ ; 9416436568;# 6/ T P.02 McGlfl~n 8hlpl~ Construction, Inc. 273 Hidden Bay Drive Osprey, Florida 34229 Ph# (941) 966-9438 Fax~ (941) 966-9437 'v'IA FACSIJvll Lf:. ~ne26,1~8 Mr. H. Wayne B~an, Jr. Iqrc Code Official Collier Cx~unty, Rr~ Dl~i,;ct J~: Yacht Harbor Cove D~r Mr. Per out mectin8 on Sunc 24. i 998 and subta~lUent discussions rcgmmling FB'e & Life Sa£ety for the IViarina at Wind Staz. I will mchcdu]c ail on site meeting with C. myland Moore next w.-dc, to determine the increase in width ~ £or the existing cortcrete access between Buildings 2 & 3 at Yacht 11trbor Cove. ! apprec;ue your input and direction in helpi,'~ resolve these issues, fryou {,ave any questions, plea.me don't he,{mate to contact me. ~ orcon~o. \ ICW~vf/kw ° cc: Andrew Solice, E.mq. NOV 1 0 1998 12,,/ 12:55 ; 94164116~68:: 7/ 7 1:0 °c~ 11:,6 AGE~D& ITEM PLAN - "B" NOV ! 0 1998 o., ,,.o~ o.,,,,,~.,o.=, .,.,.,.~,,oo _....__.:,,,_..~.: ,_ .~D: RE$OLUTiCN "~ ~- RELATI::G ,* PETIT::N :;UMBER ~:I-98-3 FOR iNSUBSTANTIAL CHANGES TO SCUTHPOiNT£ YACHT CLUB PUD FOR PUReOSE OF REViSiNG TKE .~ASTER P~N TO SHi~ THE BUiLDiNG F~TPRiNT LOCATIONS TO CG:IFO~ WITH EXISTING CONDITIONS, ADDING A SIDEWALK AND PARKING LOT TO SERV~ THE PARINA, AND ADDIt:G PARKING SPACES ON THE SOUTHSIDE OF THE ~XN ENT~NCE ROAD ON PROPERTY HEREINAFTER DESCRIBED i:: COLLIER COUNTY, FLORI DA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations ~ as are necessary for the protect:on of the public, and WHEREAS, the County pursuant :hereto has adopted a Land Development Code {Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, and WHEREAS, the Collier County Planning Commission is authorized by :~e Board of County Ccmm. issicners to grant Insubs:an:ial changes to PUb's in accordance with Subsection 2.7.3.5 of :be Land Development Code of Collier County, and WHEREAS, :he Collier County Planning ComMission, being the duly eLecte~ constituted Planning Commission for :ne area hereby affected, has held public hearing after notice as ~n said regulations made and provides, an~ has considered :he a~vLsa~ility of PDI-99-30 Insubstantial changes as shown cn the revised Soutnpo:n:e Yacht Club PUD Master Plan (Exhibit "A"}, Ordinance Number e8-~2, ~or the property hereinafter ~escr:Ded, an~ nas found as a matter of fact t~at satisfactory provision and arrangement have been ma~e concernlng all applicable matters required by sa~d regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and :i WHEREAS, all interested parties have been given opportunity ~o be~ heard by this Commission in public meeting assembled and the Ccma%ission having considere~ all matters presented, [IOW THEREFORE, BE IT RESOLVED BY the Collier County Pla Commission of Collier County, Florida, that: NOV ! 0 1998 The pe:~:~n .;i.. ~., Consul:ants, inc., representing Southposn:e Yach= Club PUD, with respect :o the property hecesnafter descr:bed as Exhtbi= be and :he same he:eh7 :$ approved fog making the noted mlnor design changes ~o the $outhpointe Yacht Club PUD having the e~ect of =ev$stng the ~aste= Plan to ssf~ She building footprint locat£ons to existing condst£ons, adding a sidewalk and parking lot to serve the exist£ng marina as authorized by the Southpointe Yacht Club PUD. ~E IT ~URTHER R£SC~V~D that this Resolution =elating to Petition Number PDI-gB-] be recorded in the minutes o~ this Commission and ~iled ~ith the County Clerk's O~ice. This Resolution adopted a~te= motlon, second and majority vote. ~ne this day o~ , 199B. COLLIER COUNTY P~.ANNING CCMMISSiON' COLLIER COUNTY, FLORIDA ATTEST: ~iCNAEL A. DAVIS, Chairman VINCENT A. CAUTERO Execu=ive Secretary Community Oevelopment and Environmental Services Adm£n~strator Approved as to Form and Legal Sufflc'~enc./: Mar]o~ie M. S:uOent -- Ass,.s:an: County A~torne~ -2- AGEN~eL I* NOV 1 1998 I--> 100' &GEl NO NOV 1 0 199B ! o: . :. ! ... i. LEGAI~ DESCRtFTION The north 1/2 of the north 1/2 of the southwest 1/4 of the northwest 1/4, except the east 50 feet; and The north 2/3 of the south 1/2 of the north 1/2 of the smJthwest 1/4 of the northwest 1/4, except the east 50 feet; parcels being in Sec'don 23, Town. ship 50 Sou~, Range 25 East, Collier County, Rorlda. EXHIBIT 'B" NOV 1 0 1998 HO 0 VER PLANNING Rezonings, PUD& PDs, Conditional Uses, Special Exceptions, Varianeesj Traffic/Parking/Zoning/Feasibility Studies & Site Plans (in SW Florida) September 8, 1998 Treiser, Kobza & Volp¢, CHTD. 4001 Tamiami Trail North, Suite 330 Naples, FL 34103 RE: Somh Point Yacht Club PUD Per your request, I have investigated several items regarding the subject PUD. Even though I have reviewed 6 books/pamphlets bom national publications regarding parking standards, I have not been able to fred a statement giving maximum walking distance for the subject use or a similar use. The reasonable location (convenience) of parking to the use it supports varies tremendously, based on whether the parking is in a central business district or suburban area and the type of land use. After reviewing Site .Develo. pment Plan 94-78,.I have concluded that the yacht club has inm~cient parking. It has been my past experience that g~aily specific development standards within th~ PUD Docun~nt override those found in th~ Land Development Code. In this case Section 4.2.1 of the PUD Document states, parking shall be based on 2 spaces for each 3 boat slips. This was the old standard up until I overhauled the parking standards that were approved in early 1991. However, the site plan utilized a portion of the newer standards that reduced parking but avoided the part that would increase theh' parking. A marina is required to have 1 space per 2 wet slips plus I space for each 100 square feet of building area for private clubs, meaning yacht clubs (see attached). However, they utilized a credit bom the wet slip parking for the yacht club that was specifically excluded. (I specifically excluded some uses as they generate too much parking demand.) Additionally, if one reviews the required parking in the Land Development Code for private club it states that additional parking at normal standards is required for marinas. The PUD Document states the project is approved for 72 slips with 22 of those reserved as accessory uses to the residential uses within the project However, the site plan only mentions 50 wet slips and based the parking on this. Based on 72 wet slips and a 2500 sq. tL yacht club building, minimum parking should be provided as follows: 1) If the P~l~ocument governs then they would be required to .have, at..leas..t 72 slips/3 .-- 24 x 2 ~4.~arking spaces including 2 for disabled. 2) It the ~.ana taeveiopment Code governs they would be required to have 50 parking spaces. Yacht club -- 2500 sq. fl./100 = 25 spaces + 50 wet slips/2 = 25 more spaces. Additionally the condominiums would have to provide extra parking for their m ~ follows: if the majority ofthe dwelling units ar~ within 300 feet ofthe recreatio~ 3785 Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941.403.8899 · Fa NOV 1 0 1998 941~4.nO$'9009/t~ Mr. Klm Kobza September 8. 1998 Page 2 t~cility the parking is based on 25% of normal requirements and if a majority of the dwelling units are not within 300 feet of the recreational facility then the parking is based on 50% of normal requirements. Unless those 22 wet slips have been reserved conveniently to the residences the majority of the residences are not likely within 300 feet. Hence the multi-family units would need either 5 or 11 parking spaces for their share of the yacht club in addition to the 50 already required for the yacht club. Our clients mentioned their concerns for fire safety regarding the yacht club building and the boats being kept at the slips. Items "s." and "t." ofthe Agreement Sheet (attached to the PUD Document) state that a fu'e sprinkler system will be required for the yacht club and any other buildings on the island and a fu'e hydrant must be located within 250 feet of this building. Apparently neither of these have been provided. Thc PUD Document also requires fractionalization plans for each tract that is developed. However, these were frequently not required much after about 1990. Basically the fractionalization plans kept pan of the land within the PUD Master Plan from being utilized more than once. Section 2.2.3 of the PUD Document is very imponant regarding our goals, in my opinion. This allows 3 types of variations for roads, structures, and lake boundaries to the PUD Master Plan. Variations up to 50 feet are automatically permitted, those over 50 feet and up to 100 feet require an amendment to the PUD Master Plan only. Those exceeding 100 feet are not permitted unless a PUD Amendment were approved. I believe I can easily show that the latest PUD Master Plan has relocated the lake's western boundary over 100 feet to the east. Additionally, the latest PUD Mas~er Plan no longer shows the east-west road at the northern portion of the site. Obviously, the main parking area for the yacht club has been relocated about 400 feet to the east but this t,~3~e of use was not listed in Section 2.2.3 I believe we can also get some more mileage out ofthe parking standards within the Land Development Code. Section 2.3.2 gives the purpose of off-street parking and states adequate off-street parking shall be provided for each use. Section 2.3.4.1 l.g. states, ..."no motor vehicle shall have to back onto any street, excluding single-family and two- family residential dwellings and churches approved under section 2.3.16." Curremly, there are 30 parking spaces adjacent to the south side of the southern east-west road that back out onto that road. The PUD Document specifically limbs those to 30 spaces and they show 30 spaces there on SDP 94-78. Section 2.3.4.11.1. of the Land Development Code advises, All required off-street parking facilities shall be located on the same lot they serve or may be located on another lot under the same or different ownership, provided." Sections 2.3.4.11.2 througl NOV 1 0,1998 Mr. Kim Kobza September $, 1998 Page 3 2.3.4.11.7 describe how projects may be reviewed and poss~ly approved for off-site parking. Off-site parking is required to be within 300 fee~ of the building or use they serve, measured by the shortest feasible walking distance. However, this can he reduced for waterfront uses. Additionally off-si~¢ parking requires that at least 67% of the required parking be on-site. One could suggest that they need to apply for an off-site parking permit. It does show that the County believes 300 feet is the longest acceptable walking distance for typical land uses. After you have had a chance to review this feel welcome to give me a ring to let me know where we would like to go from here. Thanks. Sincerely, HOOVER PLANNINO Bill HoOver, AICP cc: HP198anall.itr NO NOV 1 0 1998 ZONING § 2.3.16 Library, community recreational facility Lounge, bar, bottleclub, nightclub, pool hall ~drinking establishment) Marina, boatel Medical/dental office or clinic {outpatient care facility) Model home sales office/center Motel Nursery, plant (retail) Supp. N'o. ~ LDC2:127 I for each 200 square feet or 1 for each 3 seats, whichever is greater. I per 50 square feet plus 1 per 75 square feet for any outdoor eating/drinking areas. 1. per 2 wet boat slip~ excluding those used for charter boats plus 1 per 5 dry boat storage spaces. Wet slips used for charter boats {including those for fishing, shelling, diving, and sightseeing purposes} are com- puted at I per 3 boat passengers based on the maximum number of passengers and charter boats used for dining are computed at 1 per 2 boat passengers based on the max. imum number of passengers. Each parking space provided to meet the marina's boat slip or dry storage parking requirements may also be credited towards meeting 100 square feet of the parking requirements for the marina or any permitted marina-related activities excludin~ restaurants, lounges/ bars and _orivate clubs. Use~ not receiving credit from ~arkin~ orovided for boat slips at the normal rate for those uses as re- ouired within this code. 1 per 200 square feet. 4 for the first unit and 1.5 for each addi- tional unit. 12 per 10 guestrooms {this includes the re- quired parking for the motel office and all accessory recreational facilities designed pti- marily for motel guests}. Where accessory uses are designed pr/marily rot motel guests, they shall be computed as follows: 6'/per- cent ofnormal requirements for restaurants, I per 350 square feet t'or other retail uses, 1 per I00 square t'eet for meeting rooms, ball. rooms and convention rooms and 1 per 75 square feet for lounges, bars and nightclubs. 1 per 250 square rest of roofed and enclosed building area plus 1 per 2,000 square feet of outside display area open to the public. AG E NIiL~_~T,~ M., 1 l0 m8 i § 2.3.16 COLLIER COUNTY LAND DEVELOPMENT CODE Nursery, plant (wholesale) Office Office (contractor's) Post office Private organizational club, ledge or fraternal organization Printing establishment Public buildings (fire, emergency medical sar. vice or sheriff station and jail) Recreation facilities (indoor; sports, exercise, fit. ness, aerobics, or health club/skating rink/game room/bingo parlor Recreation facilities (outdoor) tennis, racquet- ball or handball courts Research laboratory Residential uses: Boarding/rooming house, bed and breakfast residence Convalescent home, nm'shag home, home for the aged, rehabilitation facility Duplex Supp. No. 3 LDC2:128 1 per employee of largest workshift plus 1 per 10,000 square feet of display area and 1 per acre of growing areas. 1 per 300 square feet. I per 300 square feet per [of] office area and 1 per 1,000 square feet per [of] roofed storage area plus 1 per each company vehicle that will be parked overnight. I per 100 square feet. 1 per 10CI ~quare feet or 1 per 3 seats that will be set up at any time, whichever is greater. This shall be computed on all areas used for offices, meeting rooms, restaurants, dining rooms and indoor recreation. Other uses such az marinas, retail areas and out. door recreation areas require additional parkin~ at normal reo_uirem~nL~. 1 per 200 square feet of building area. Re tail sales area~ shall be calculated at 1 per 250 squ~e feet and office area shall be esl. culated 1 per 300 square feet. I per 200 square feet for administrative of. rico area and 2 per employee of the largest shift for all other areas plus 1 per 5 pris. oners based on the maximum holding ea. pacity for any jails. 1 per 100 square feet. 3 per court plus other uses as required. 1 per 300 square feet of office area plus 1 per 500 square feet of other areas or 1 per employee of largest workshiR, whichever is greater, plus 3 for visitors. 1 per rented room plus 2 for owners/em- ployees. 2 per 5 beds. 2 per dwelling unit. NOV 1 0 1998 ZONING § 2.3.16 Single-family house, town/row house, mo- bile home, guesthouse, caretaker's residence Dormitory/fraternity/sorority Multifamily dwellings Nursing home Restaurant (walk-up or drive-through with walk.up window and/or outdoor seating) Restaurant (drive-through with no walk-up window or outdoor seating) Restaurant (fast food) Supp. No. 3 LDC2:129 2 per unit. 1 per 2 beds, plus 1 per manager, plus 1 per employee. All units shall have 1 per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2.bedroom or larger unit. 0flice/administra. tire buildings shall have parking provided at 50 percent of normal requirements. Where small.scale recreation facilities are accessory to · single-family or mult[family project and intended only for the residents of that project, exclusive of golf courses/ clubhouses, the recreation facilities may be computed at 50 percent of normal require- ments where the majority of the dwelling units are not within 300 feet of the recre- ation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recre- ation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Family care facility, group care facility (cat. egory I and category IlL and care unit, see section 2.6.26 of this code. 1 per 60 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas Ikitchen, storage, freezer, etc.} 1 per 200 square feet. A stacking area of 9 vehicles for the first drive-through lane and 6 for any additional drive-through lanes. 1 per 100 square feet. A stacking area of 10 vehicles for the first drive-through lane and 7 for any additional drive-through lanes. 1 per 70 square feet for public use areas including outdoor eating areas or I per 2 seats, whichever is greater, and for non public use areas {kitchen, storage, freezer, etc.) 1 per 200 square feet. A stacking area of 9 vehicles for the first drive-through lane and 4 for any additional drive-through lane~, NOV 1 0 1998 · ... ;,,. NOV 1 0 1998 Pq. ~ '.'..I .% II It I ! I ! ! I I I ~1~ ~Z~YA 2J-~Oc~Lt~Og NO NOV 1 0 1998 II 'Il .~. ~'/ .~/ · . EXECUTIVE SUMMARY PETITION NO. V-98-18, C. DEAN SMITH OF Q. GPADY MINOR REPRESENTING VICTORIA LAKES CONDOMINIUM ASSOCIATES, REQUESTING A 23 FOOT VARIANCE FROM THE REQUIRED 30 FOOT FRONT YARD TO 7 FEET ALONG BERKSHIRE STREET AND NOTTINGHAM DRIVE FOR CARPORTS FOR A PROPERTY LOCATED IN NORTH NAPLES, APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD ON THE WEST SIDE OF AIRPORT ROAD, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting the above described variance in order to facilitate the construction of carports over existing parking spaces at an existing condominium complex. CONSIDERATIONS; The applicant is proposing to cover existing parking spaces with carports in Victoria Park development. The property in question is zoned RMF-12 and the front setback in this district is 30 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. The original request of the petitioner included a 20 foot variance along Airport Road as well. However, at the Planning Commission hearing the applicant amended their request to withdraw the request for a variance along Airport Road frontage and do limit said variance request to Berkshire Street and Nottingham drive.. The Collier County Planning Commission reviewed this petition on October 1, 1998 and by a vote of 9-0 recommended approval of the amended variance request. This variance did not qualify for the Summary agenda because of the fact that staff's recommendation to the CCPC was for denial and further, staff has received three letters of opposition to the granting of this request. FISCAL IMPACT; None. GROWTH MANAGEMENT IMPACT; None. HISTORIC/ARCHAEOLOGICAL IMPACT' Staff's analysis indicates that the petitioner's property is located outside historical and archaeological probability as referenced on the official Colli n a~.~ .~r County NOV 1 0 !998 Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. That the Board of Zoning Appeals approve V-98-18 subject to the CCPC stipulations. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED BP ~ ~ I~C.TNALD F. NINO, AIOP, MANAOER CURRENT PLANNING SECTION ROBE~RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE _lb. DATE /0- 2~.~'z. DATE ED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES bATE -- 2, NOV ! 0 1998 AGENDA ITEM 7D TO: FROM: DATE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 11, 1998 RE: PETITION V 98-18 AGENT/APPLICANT: Owner: Victoria Lakes Condominium Associates C/O Gulfview Property Management 2335 Tamiami Trail North, Suite 303B Naples, FL. 34103 Agent: C. Dean Smith Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL. 34134 REQUESTED ACTION; The petitioner is requesting a 20 foot variance from the required 30 foot front yard to 10 feet along Airport Road and a 23 foot variance from the required 30 foot front yard to 7 feet along Berkshire Street and Nottingham Drive for carports. GEOGRAPHIC LOCATION~ The subject property is located in North Naples, approximately one mile south of Immokalee Road on the west side of Airport Road, in Section 20, Township 48 south, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJEC¥: The applicant is proposing to cover existing parking spaces with carports in Victoria Park development. The property in question is zoned RMF-12 and the front setback in this district is 30 feet. Because of the location of existing parking spaces it is necessary to obtain a variance to build carports. SURROUNDING LAND USE AND ZONING; Existing: - Multi-family residential, zoned RMF. 12 -1- ~GE~DA NOV 1 0 3998 [ [ - ~- [ [,[[[] ................. !fl~ - NOI 1998 Surrounding: North - Multi-family residential, zoned RMF-12 East . Airport Road ROW. South- Residential, zoned PUD West - Single-family residential, zoned RSF-3 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. INFRASTRUCTURE; Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. Section 2.7.5 of the Land Development Code grants the authority to the Board off' Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection(6)(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 (6) are as follows: ~, Are there special conditions and circumstances existing which are pecullar! to the location, size and characteristics of the land, structure, or building Involved? Yes, the existence of a large lake prevented the buildings and the associated parking lots to be placed with large enough setbacks that would not require a variance for carports. Are there special conditions and circumstances which do not result from the i action of the applicant such as pre'existing conditions relative to thel property which is the subject of the variance request? . Yes, the site was developed several years ago. All buildings and parking lots are' existing. It is not possible to relocate the parking lot where a variance would not be necessary for carports. However, in the opinion of the reviewing staff, a variance is not necessary on the side facing Airport Road. The elever (11) parking i, spaces along Airport Road are not assigned spaces, they are g~ spaces and do not really need carports. -2- Jest ~f~irt~ Nov 1 0 1:998 Ce ee fo ge Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there are several condominium buildings in Collier County without carports. Carports are not a necessity. Unit owners lived in this development for over 10 years without them. 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 northern portion of this development, known as Victoria Shores. was granted a vadance in 1995 to build one carport per unit. This request is more extensive. The request is to have carports for all parking spaces, assigned spaces and guest parking spaces. 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, if granted, will allow the petitioner to build carports 7 and 10 feet from the front property lines, which will be denied to others in the same zoning district unless a similar variance is granted. 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, this variance, if approved, will reduce the front yard requirements and will not be in harmony with the general intent and purpose of the Land Development code; however, it will not be injurious to the neighborhood, or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Will granting the variance be consistent with the Growth Management Plan. The granting of this variance will not change the requirements of Management Plan. -3- the Growth AGE~D& ]TE~ NOV 1 0 1998 IIII IIII I STAFF RECOMMENDATION.._ Staff recommends that the CCPC recommendation for denial. forward Petition V 98-18 to the BZA with a PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: /,R'ONALD F. NINO, AICP, MA~A(~R'~' - CURRENT PLANNING SECTION DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-18 Staff report for October I, 1998 CCPC meeting. This Petition has tentatively been scheduled for October 27,.1998 BZA Public Hearing. Collier County Planning C~ion: ~C_-..C-J:~EL ~, CHAIRMAN AGENDA II'EH NOV 1 0 1998 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-18, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ~ ~HEP-L%2, the Legaslature cf the State of Florida in Chapter 125, 9 ~icr;=a Statutes, has conferred on all counties in Florida the power to l0 esta~i;sh, cc~xdtna%e and enforce zoning and such business regulations 11 as are necessary for the prctection of the public; and 1~ WHEREAS, the County pursuant thereto has adopted a Land II Development Code (Ordinance No. 91-102} which establishes regulations 14 for the zoning of particular geo]raDh~c ~Ivisions of the County, among ~M£REAS, the Boar~ of Zoning Appeals, being the duly elected '~ const:tu:ed Board of the area hereby affected, has held a public hearlng after notice as in said regulations made and provided, and has considered the advisability of a 20-foot variance from the required 30- foot front yard setback to 10 feet along Airport-Pulling Road and a 23 foot varlance from the required 30-foot front yard setback to 7 feet alcn= ~er~shire Street and N ' ott~ngham Drive as shown on the attached p!ot blah, Exhibit "A#, In an RMF-!2 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations cf said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meetlng assembled, and the Board havinig considereo all matters presented; NOW THEREFORE BE IT RESOLVED Bf THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-18filed by C. Dean Smith of Q. Grady Minor and Associates, P.A., representing Victoria lakes Condominium Association, with respec~ to the property herelnafter described as: Block 2 Victoria Park One, as recorded in Plat Book ll, Pages 7-~, of the Public Records of Collier County, Flor AGE~D~E~ -1- NOV 1 0 1998 14 %? 20 2~ be and the same hereby is approved for a 200foo= variance frcm the required 30-foot front yard setback to l0 feet along Airport-Pulling setback to q feet along Berkshire Street and No:tingham Drive as shown on the attached plot plan, Exhibit "A", o~ the P~F-12 Zoning District wherein said property is located, subject to the following conditions: EXHiBiT 'B~ BE iT RESOLVED that this Resolution relating to Petition Number V-98-18 be recorded in the minutes of this Board. r This Resolu%ion adopted after motion, second and majority vote'i Done tt~s day of , 1998. ATTEST: BOARD OF ZONING APPEALS DWIGHT ~. BROCK, Clerk COLLIER COUNTY, FLORIDA ~ARBApA ~. ~E~RY, Chairman A~pr:ve~ as to Form and Legal Sufficiency: ~4 · ]~rle M. S:ucient 2S Assistant County Attorney 29 -2- AG£ ~DA J~' E t/ NOV ]. 0 i ,i~ "'- ij-!jF-L] ,alRPOR I'-PUL ,-INC ROAD f EXHI B I~T_ IA" NOV [ 0~19:8 ~ I, C. Dean Smith, as authorized agent for Petition V-98-18, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 1, 1998. 1. The perimeter landscaping shall be upgraded to comply with the current LDC requirements. A landscape plan shall be provided to Development Services 'for review and approval. No permit for carports shall be issued u~less and until the landscaping is upgraded in accordance with the approved plan. State of Florida County of Collier PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of ,1998 by - has produced - _, who is personally known to me or who oath. as identification and who did (did not) take an (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: State of Florida County of Collier REPRESENTATIVE FOR CCPC The foregoing Agreement Sheet was acknowledged before me this day of ,1998 by , who is personally known to m~ or who has produced - oath. . as identification and who did (did not) take an (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT 'B" AGEND~ I. ZEM -- NOV 1 0 1998 VARIANCE PETITIQ[{ (VARIANCE FROM SETBACK(S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) -~. I ECE VED PETITION NO. DATE PETITION RECEIVE~__~~ (ABOVE TO BE FILLED IN BY STAFF) PETITIONER' S NAME Victoria Lakes Condaninium Association PETITIONER'S ADDRESS c/o Gulfview Property 5~%nagerent 2335 Tamiami Trail North, Suite 303B, Naples, FL 34103 TELEPHONE (941) 403-7991 AGENT ' S NA2~E C. Dean ~nith AGENT'S ADDRESS Q. Grad}. Md.nor & Associates, P.A. 3800 Via Del R~y, Bonita Springs, FL 34134 LEGAL DESCRIPTION OF SUBJECT PROPERTY. LOT(S) BLOCK(S) Victoria · ~ SUBDIVISION Park One SECTION 26 TWP. 48 RANGE 25 (If legal d~scription is leng{hy, i.e. metes & bounds description; attach additional page) CURRENT ZONING OF SUBJECT PROPERTY .~-12 EXISTING LA24D USE ON SUBJECT PROPERTY _ ~lti-Family Residential ADJACENT ZONING & LAND USE TELEPHONE (941) 947-1144 2 N $ RMF-12 Residential Residential E R/W ... Airport P~ad W PSF-3 Residential MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 30 ' SIDE: 30' REAR: 30' CORNER LOT:~ (CIRCLE ONE) WATERFRONT LOT: ~(CIRCLE ONE) -1- ~ATURE oF P£TIT~Q~ ~ovide a detailed explanation of the request including what ~tructures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. R~est for a vari~unce frc~ the r~ed 30' front setback to an accesso~_~_____ eet -- (N°ttinpham Drive and Berkshire Street) and 10 feet alon~_~r/~rt Road to _ allow the construction of said accesso structures bein covered kin structures open on all ~ ~- s.d_=. Be_lng. a .condcrainium, property c~3~_ership occurred on different dutes. The encroach is necessa~-~, in order to construct- _ the proposed covered ~-arkLn? structures. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the _LAND~ STRUCTURE_OR_~_~L!~ involved and which are not applicable to the same degrees or extent to the lands, structures or buildings in the same zoning district? condcmini~ build' s. The sit' of the lake Prevented the rinci 1 structures frc~ be~a located further awa frc~ the existin roads. -2- NOV 1 0 1998 Are there special conditions and circumstances which do not result from the action of the applicant? _ Yes. The sitp~ontained an existing lake. buildings and before the association took control of the project. The existin~ buildings and parkinq restricted the construction of Covered Darkin~ without the granting of the variance. Will a literal interpretation of the provisions of the Land Development Code deprive the applicant of a right or rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning code and work unnecessary and undue hardship on the applicant? Yes. The setbacks to accessory structures outlined in t,he L.D.C. are the same as the principal structure. Other properties ir: t/he sam~ zonin., _district, includLnq buildings on Huntin_crton Drive ~nd A~r/.~ .qr~ within this project, have carports constructed closer than 30' to the property. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land building or structure? ' Yes. Existinq site conditionst internal traffic flow patterns, and fire department access considerations dictate the request is the minim%rn variance to allow construction of the covered parking. 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? N,o. Other projects, includinq buildinqs on Huntinqton Drive and _ Airart Road within this project, have been approved for covered oarkinq, structures similar to theones requested by this petition. -3- NOV 1 0 1998 __ p. __ Will the granting of this variance be in harmony with the general intent and purpose of this Land Development Code, not be injurious to the neighborhood, or otherwise detrimental to the public welfare? and The proposed parkinq structures are oDen on nll sides and wil~ be buffered frcm the road by landscaping. The parking structures will be benificial to the sourrounding neighborhood by prov~_d_~nq a transition/ buffer area between the principal structures and existin~ local roads. By the absence of any walls enclosing the parking structure, the roofline of the proposed structures will be visually absorbed by the lan~_sc~ing and background of the principal buildings. ' SI~NAT~rK--E OF PETITIONER OR AGENT FEE $425,00 (DOUBLE FOR AFTER-THE-FACT VARIANCE) VARIANCE APPLICATION/12/14/92/md -4- p.g.. /~z-- ._ 941 94? 03?5 08/04 '98 07:54 N0.082 02/02 ana may that I am =h~ owner ~df~'the property described herein and which is =hu ~ubJect ma=~er of the ro os~ · ~nswers =o ~e e ~ P . d hearing, ~ 5~ions in this a ' data, and othe .... ppl~caclon, and all Z understand th~s application must be completed and accurate before a hearing can be advertised. I fu~her ~e~it Q, G~y_~ & ~.~~ to ac~ as my (AGe'S N~E] ~ rePre~enta=ive ~n any ma~ters regarding this Petition. ~GNA~E OF O~ER State of Florida County of Collier _The foregoing was acknowledged before me this ~ kno~o me o~ who has p~od6ced tdefi~ftca=ion and who did ~) =aka an oa=h~ . (did .... ~ aS ~agna=ure of ~o=ary ~ublic) -- SF. AL (Print Name of Notary Public) NOTARY ~K~BLIC AG~.ND& tTEU _ NOV 1 0 1998 State of Florida County of Collier ' SIGNATU~ OF 'AG]~NT C. Dean Smith Q. Grady Minor & Associates, P.A. iThe fgregoing was acknowledged before ~no~n to' m- or who has p~oduced identification and who did (did not) SEAL me this [~ ~" day of , who is personally as ake an oath. ~(signature of Notary Public) ~print Name of Notary Public) NOTARY PUBLIC Serial/Commission ~ ~'~'1 --~1 My Commission Expires: VARIANCE APPLICATION/5/14/91/md -6; NOV I 0 1998 P~:_.// ._ _ EXECUTIVE SUMMARY PETITION A-98-4, WENDELL R. & DIANE L. KEENE, REQUESTING AN APPEAL OF THE COLLIER COUNTY PLANNING COMMISSION'S APPROVAL OF PETITION BD- 98-26 ON AUGUST 20, 1998, FOR PROPERTY LOCATED AT 400 WILLETT AVENUE, FURTHER DESCRIBED AS LOT 10, BLOCK N, CONNORS VANDERBILT BEACH, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The appellants wish to appeal a decision of the Collier County Planning Commission approving Petition BD-98-26, heard at the CCPC's August 20, 1998 regular meeting. The appellants state that the proposed boathouse would obstruct their view of the waterway and that there is adequate room for the boathouse to be relocated on the subject property. .CONSIDERATIONS, On August 20, 1998 the Collier County Planning Commission heard and approved a boat dock extension petition (BD-98-26) applied for by Janet L. Storey. The resulting Resolution approved a boathouse with a total protrusion into Vanderbilt Lagoon of 20 feet. The Collier County Land Development Code allows boathouses if they meet certain criteria and are approved by the Collier County Planning Commission, which takes into consideration the factors required by Section 2.6.21.1 of the Land Development Code (LDC). At the Planning Commission public hearing for Petition BD-98-26, a letter of opposition from the appellants was presented. The appellants stated that the boathouse would block the view from their house, which is currently under construction. The agent for the property owner stated that the top of the boathouse will be one foot higher than the required finished floor elevation of the appellant's house. The Planning Commission voted unanimously to permit the boathouse as requested. A copy of the Planning Commission Staff Report, the minutes of the August 20, 1998 meeting, and photographs presented by the agent representing Ms. Storey, tl~e petitioner, at the CCPC meeting are included with this Executive Summary. New photographs, which have been supplied to staff by the appellant, are also included. F_ISCAL IMPACT_' There is no fiscal impact to Collier County. · GENDA)TEM . NOV Z 0 1998 GROWTH MANAGEMENT IMPACT' This appeal has no impact on the Growth Management Plan. ' STAFF RECOMMENDATION. Since the proposed boathouse meets Code ~equirements, and the view in c~uestion is across the odginal petitioner's property, staff recommends that the Board of Zoning Appeals uphold the Planning Commission's approval of BD-98-26. PREPARED BY: F~.E~ .I~{EISCHL, SENIOR PLANNER ///CU~NT PLANNING / ~R/EVIEWED ,I~Y: ONALDF. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBF~"r j. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPRO~,D4~y: VINot~.NT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary A-98-4 NOV 1 0 1998 MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JUNE 24, 1998 RE: BD-98-26 OWNER/AGENT: Owner: Agent: Janet L. Storey c/o Erik Akins SW Flodda Resources Corp. PO Box 3229 Naples, FL 34106 Miles L, Scofield 3584-B Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The petitioner requests approval to construct a boathouse extending a maximum of 20 feet into the waterway. GEOGRAPHIC LOCATION. The subject property is located at 400 Willett Avenue, legally described as Lot 10, Block N, Conner's Vanderbilt Beach Estates, Unit 2. ___.~~ NOV 1 0 1998 ! I i.[ '0 GULF OF )V 1 0 1998 p,,, 4z IIIIII ~ PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to allow the replacement of an existing dock with a dock facility extending a maximum of 20 feet into the waterway. The facility shall include a 20 foot by 40 foot dock, a boat lift, and a boathouse. Section 2.6.21 of the Collier County Land Development Code states that boathouses proposed on residentially zoned properties shall be required to be approved by the Collier County Planning Commission. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: Single family house & dock; zoned RSF-3 North: Single family house & dock; zoned RSF-3 East: Willett Avenue ROW South: Single family house & boathouse; zoned RSF-3 West: Vanderbilt Lagoon ENVIRONMENTAL REVIEW: The environmental staff of Current Planning has reviewed this petition and has no objection to the granting of this requesl, subject to the stipulations incorporated into the attached Resolution. STAFF COMMENTS: Staff has reviewed this petition in accordance with Section 2.6.21 of the Collier County Land Development Code and finds the following: Will the proposed dock design and moored vessel protrude greater than 25 percent of the width of the navigable canal or greater than 20 feet for boathouses, and will a minimum of 50 percent of the canal width between dock structures/moored vessel(s) on the opposite side of the canal be maintained in order to ensure reasonable waterway width for navigability? The waterway is approximately 300 feet in width at this location, therefore the proposed facility will not protrude greater than 25 percent of the width of the navigable waterway and a minimum of 50 percent of the waterway width will be maintained. Are there special conditions related to the subject property which will justify the proposed dimension and location of the subject dock? On a waterway of this size, a 20 foot dock does not require approval by th however, construction of a boathouse does. NOV I 0 1998 Is the proposed dock of minimal dimensions necessary In order to adequately secure the moored vessel while providing reasonable access to the boat for routine maintenance, without the use of excessive dock area? The proposed facility has been configured so as to minimize total dock area and protrusion into the waterway. If it were not for the boathouse, the facility could be built without a Boat Dock Extension. d. Is the proposed structure of minimal dimensions to minimize the Impact on the view of the waterway by surrounding property owners? The proposed facility has been configured so as to minimize the impact on the view of the waterway. The maximum protrusion of the boathouse from the property line is less than 20 feet. Is the moored vessel in excess of 50 percent of the length of the waterfrontage such that the addition of a dock structure will increase the impact on, or negatively impact the view of, the property owners? The proposed facility would accommodate one vessel in a boat lift and boathouse. This is less than 50% of the 172 feet of waterfrontage. Is the proposed location and design of the dock/vessel combination such that it may Infringe upon the use of neighboring properties, including any dock structures? The proposed facility woulc~ be 15 feet from the south property line. The proposed facility would not impede use of dock structures on either neighboring property. Regarding benthic organisms in the vicinity of the proposed extension: Are seagrasses located within 200 feet of the proposed dock? No seagrasses were observed within 200 feet of the proposed facility. Is the proposed dock subject to the manatee protection requirements of this code (Sec. 2.6.22)? The proposed dock is not subject to Section 2.6.22. however, at least one 'Manatee Area" sign shall be posted. NO NOV 1 0 199_.__I .Boathouse Criteria: The Petitioner states that the proposed boathouse meets these specific criteria for boathouses: 15 foot side setback 20 foot maximum protrusion into the waterway 15 foot maximum height 1 boathouse maximum 4 sides completely open Roofing material complies with LDC requirements ..Staff Recommendation: Based upon the above findings, staff recommends that the Collier County Planning Commission approve Petition BD-98-26 subject to the stipulations in the Resolution. PREPARED BY: Fred R~ischl Se~o'~"Pla nner // Current Planning Manager Date Date .,'~obeh J. Mulhere, AICP Date Planni, i,i~ Services Director Vincent A. Cautero, AICP Date Community Development and Environmental Services Administrator Petition Number: BD-98-26 Staff Report for the August 6, 1998 CCPC meeting. COLLIER COUNTY PLANNI~MMISSION: Michael A. Davis, Chairman NOV ! 0 1998 ~ BD-98-26 'O ¥1ew Io the west at the site of the extsting dock AGEN NOV 1 0 '1998J ___.P~. f~ ' view to the north along seawall vllw lo Iix iouth ll~ #lvvlll NO~ NOV 1 0 1998 IIII II I IIIII ~ II I-i RELA. TI:;G TO PE-':TiON NUM.~ER COLLIER .~u3,Y, -~LCRI DA. ...... e~.s.a ...... '.ne State =f ?ic:-_~.a '-n Chapter 125, Ficri:a Statutes, has conferre~ un all :~unt;es ~n Fiorlda the power ts estabilsh, coordinate an~ enfDrce z~nlng and such bus:ness regulations as are necessarv ~cr the Drctectlon of ~he public; ~and -'-' ~' ' ' '' - , :. : :: r~r.:~Ter,: ~.:-.-- E~:. m~le ::~.cer~%+g all ................ ·tar. z :e'/e::Sment code: and ;;HE~EAS. ~' :z'.eres:e= ~ar':e~ :.=vt neet. 7:'/eh the oppor{unity ........ mo~e~, a~'d the ::tW THEPEFgPE, BE '- PESCLVE2 BY :ne C9!ller County Planning Co~mlsslcr. of ~ ' ' ~ un=y, Ficrl~a, The ~e~:tlon ''le~ ~.z Cf=les i. ~-~-~.'- '' - .............. e11 & Associates, representing Janet L. Storey, with :esDec: to the property hereinafter descr:bea as: Lot ~0 Block N, Connor's anoer~:lt ~eacr. Estates Unit as recsr:e~ ~n Plat foc~ ~, Page c .... r County, Flcrl=a. -I- .g. /b~:' .... __{ be and the same :s herecy ap~rove~ t: re, lace an exlst~ng :=oK with a boathouse, boat sli~ and boat the RSF-3 zoning distrlct where:n said propert./ is located, subject to the o~.cw~ c~ndltlcns: 1. All docks, or mooring ~:i=ngs, w~ichever protrudes the greater into the water, regardless cf length shall have reflectors and house nu~ers four ~,', :nches m:n:mum size installed at the outermost end on =otb sides. 2. In or,er ts at,tess the protectlon of manate "~anatee Aler ....... ... es, one - ~-u.. s..a.. Se permanently aff&xeo to Fha p[lings and shall ~e v:s:ble from the waterway. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers and the Florida Department of Environmental r Prctectlon snail be PresenteJ pr[cr tc :ssuance of a building permit. BE IT F'J.=THE.~ FES~L','Ei t:.a; t:,:: .=e~-,i~t'_=.-. relating to Petition ........ ~ ...... ~-s~[ss ion and with the Csunt.! Tier.,.'s Cff'-ce. .'-.r .-..ctl~.-., s..=.-., ar.= maior:t./ vote. ~cne ua'..- ~: , 1998. : 12tolE.: T~UNTY .:LA~'~NING tOM, MISSiON ?.i'-HAEL A. iA';:£, i~airm..an Execut i.;e £e-'retar7 T;:m:.-,ur.:ty ~e:'e]~. i =:: A.r..:rs./ed as ts Esr.-. a.-.~ '~u~l ? .=-. ' Ass: sta:;t CL or. fy -2- NOV 1 0 1998 Suly 29, 1998 fl EC;'- ' AUG 2 ? lgg8 Collier County Government Attn: Mr. Fred Rcischi, Senior Planner 2800 North Horseshoe Drive Naples, Fl. 34104 ' 98-4 Re: Petition NO. BD-98-26 Proposed Boathouse at 400 Willctt, Naples, FL Dear Mr. Reischl: We would like to go on record as protesting thc building of a boathouse at 400 Wilier Avcuc in Naples. We arc thc neighbor next door, lo thc south, ofthc proposed boathouse and we do not want the boathouse built in any location that blocks our view. This boathouse would substantially block our view of the bay. We purchased this lot because of the water view. We realize the odd shapes of these lots causes this problem. We believe that with over 170 feel of water frontage at 400 Willctt, lhcy v.'ould be able to put up a boathouse that would not be objectionable to us. Mr. David Bayer, 2204 Tamiami Trail N., Naples, 34103 ,will be rcprcscnting us and speaking in our behalf at the hearing. Ifpossible, please send Mr. Bayer a copy ofany information regarding this project. Please feel free to contact us in Wisconsin at 608-233-9349. For mailing purposes, our address is 4806 Batz Road, Waunakce, WI 53597. ]'hank you for your consideration in this matter. Sincerely, Wendell R. & Diane L. Kccne 368 Willett Avenue, Naplcs, FL 34108 NOV 1 0 1998 August 2.1, 1998 Wendell & Diane Keene 4806 Batz Road Waunakee, WI 53597 608-233-9349 RECEIVED AUG 3 1 1998 ,-3LANNIN~ .~E~V~E.~: A 98-4 Collier County Government Attn: Robert Mulhere Community Development & Environmental Ser~'ices Division 2800 North IIorseshoe Drive Naples. FL 34104 Re: Petition No. BD-98-26 Proposed Boathouse At 400 Willett Avenue, Naples, FL Dear Mr. Mulhere: We would like to appeal the decision to allow a boathouse to be built at 400 Willett Avenue, Naples. We were to have a representative speak in our behalf at the meeting on August 20th; however, he did not make it to this meeting. I am sorry for not being there and being able to present our side of the issue. We purchased and paid S450,000.00 for the lot at 368 Willett Avenue because of the beautiful, unrestricted view of the water. The proposed boathouse will definitely obstruct our view of the water. (See Pictures I & 2) Even if the boahouse is only one foot higher than our house or even the same height of our house, it will obstruct our view. It would not have been as bad a problem, had we been able to build within i0 feet of the water as originally allowed. The new law had us redesign our house to be twenty feet from the water. From our lanai, which is over twenty feet from the waler, we see the entire boathouse and it obstructs our view of the water. Also, it was our understanding, this boathouse would be replacing the existing dock, as stated in Petition No. Bd-98-26. As you can see from picture number 3, the new boathouse is further south than the pre-existing dock. NOV ! 0 1998 Picture 4 also shows with 172 feet of water frontage at 400 Willett Avenue, there were alternate locations to place the boathouse. The house to the north of 400 Willett Avenue faces away from 400 Willett and they would not see a boathouse placed on that side of the property. If we may be of further help regarding this appeal, we will fly down for a meeting or whatever is needed. Please feel free to contact us in Wisconsin at: 608-233..9349 - Phone 608-233-9430- Fax Sincerely, Wendell R. Keene & Diane L. Keene cc: Fred Reischl - Senior Planner Jerry Break- Contractor, Bay West Ventures A-98-4 ~,*~s presen',e¢ by lhe peht,oner at tr~e CCPC neanng .~P.g AGENOA tTEta NOV ! 0 1998 NOV 1 0 1998 pg._ /'/~ ~ across No NOV 1 0 1998 NOV i 0 199J AGE~T~I~ rtov 1 0 1998 __.__~.~.~ /9' August 20, 1998 MR. REISCHL: Good morning, commissioners, Fred Reischl, planning services. This is a request for a boathouse which requires the boat dock extension petition for a lot that has an existing boat dock that is going to be removed and a new dock in configuration is proposed to be constructed, including a dock, a lift and a boathouse. The pro -- the maximum protrusion of the dock is 20 feet; therefore, no boat dock extension is required for the dock itself. However, the boathouse does require public hearing for this commission. The proposed boathouse meets all the criteria in the Land Development Code. I did receive a letter of objection from a neighbor. I don't think your monitors are on. No? Okay. In your packet, you have a copy of the proposed site plan. There's two site plans, one for the existing dock and one for the proposed dock. And you can see to the south of the subject lot is lot nine. And on lot nine is a house under construction. The objection was received from the owner of that lot. They stated that they designed their house with a view to the west, which basically is across the subject lot. And, therefore, they say that the boathouse is going to block the view that they designed the house to have. The setbacks for their proposed boathouse do meet code. It could be redesigned to another place on the lot. However, staff still stands by its recommendation of approval in that it does meet the minimum site setback. CHAIRMAN DAVIS: Mr. Bruet? COSfMISSiONER BRUET: I= i" were relocated to the no~~h would that affect the view of the adjacent property to the north? MR. REISCHL: I didn't look at the house on lot 11 to see -- COMMISSIONER BRUET: You mentioned it could be moved -- ~R. REISCHL: Yes. COMMISSiO~¢ER RRUE?: -- and ycu can see ~ha~ they have a large amount of frontage. I wish -- MR. REISCHL: Yes, i do. COMMISSIONER BRUET: I wish if that person that had written were that opposed to it, they would have appeared, and I don't think that's the case. Mit. REISCHL: i don't see them here. COMMISSIONER BRUET~ Okay, thanks. CHAIRMAN DAVIS: Mr. -- any questions of Mr. Reisch!? Petitioner have anything to add? MR. SCOFIELD: Hi my name is Miles Scof~ezd, representing the~' petitioner. What I'll do is I'll give you a couple of photos. It makes iti pretty simple. It will show you the house next door under construction who also has a very large boathouse there and a wrap-around dock to the front. This is the petitioner's house over here. The dock has alread~ been -- the old dOck has been removed, the new dock is in with the bOat lift. The piling are there. You can see the piling, re AGE~ No ?aqe 5 ! NOV 1 0 1998 I August 20, 1998 standing up. They had to come -- we had to come here to get approval for the boathouse before they could construct that. If you'll notice in the photographs, the neigb2Dor that's -- that filed the complaint, his finished floor elevation of his house is at 1! feet. The top of the boathouse that we're tr~ying to approve today is the top of the -- the peak of the boathouse is at 12 feet, and their finished floor is 11. So they will be looking way over this boathouse. It's a fairly large house, as you can see from the photographs, and they have a boathouse on this side of their lot with a wrap-around -- with a big dock out front next door to the petitioner's. CHAIR/~-A~; DAVIS: Any questions of Mr. Scofield? Thank you. Anyone else here to speak on this p~tition today? Seeing none, we'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, I move that we recon%mend fdr approval BD-98-26. COMMISSIONER BRUET: Second. CHAIPJU.2~ DAVIS: Your motion was to approve? COP'24iSSIONER PRiDDY: To approve. CHAIP3~; DAVIS: Okay, motion of approval by Priddy, seconded ~y Mr Bruet. Discussion? Ail those in favor, signify by saying aye. Opposed? (No response.) CH~XI~; DAVIS: That carries unanimously. COMMiSSiONER OATES: Is that house next door, Rocky, is that a Taj Mahal, or what is that thing? COMmISSiONER PEDONE: Is that a boathouse for the house next to it there ? COMI{iSSiONER OATES: Yeah. CHAiP/,UC? DAVIS: Pe~.iticn V-98-13. Once again, all ~hose present that would like to speak on this petit~'~cn, ~iease stand and raise your right hand so the court re~Dor~,=~ may swear you ~1 speakers wr~'e du" . CHAIPiGd? DAVIS: Mr. P~adamTchian? COMfMISSIONER OATES: It isn't showing. It doesn't show. MR. BADAMTCHIAN: It doesn't show? CO~V~M ! ~ ......... C}-~iF~42C,~ DAVIS: The overhead projector doesn'*c seem to be comi'ng uD. on the monitors. Yeah, the monitor out to the audience seems '~¢~ .be working, but the ones up here don't seem to be. Thank ycu very much. Push your red button after you've flippe~ that open, and it should come on. We all learned something tcday. Thank you. Go ahead, Mr. Badamtchian. ~z~.. BADAMTCHIAN: Good morning, Chahram Badamtchian from planning services. Mr. Brian Jones, representing Mr. Robert Phelps, is requesting a five-foot variance from the required side yard setback of 15 feet to Page 6 .o~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 98-254 OBJECTIVE. That the Board of Count.: Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 98-254 for a public nuisance. CONSIDERATION: On July 28, 1998 the Boar(] of County Commissioners adopted Resolution No. 98-254 assessing a lien for a public nuisance in.the principal amount of $2115.00 on the properly described as commencing at Lot 32, Pine View Villas, Block "A", Section 13, Township 50 South, Range 25 East, which is owned by FoxJP. On September 21, 1998 Mrs. Fox paid $2135.86 however the check was processed after additional interest had accrued. Therefore l request that the interest amount of $21.55 be waived and this lien be satisfied in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account (111 138911) GROWTH MANAGEMENT: None. RECOMMENDATION. That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on August 31. 1998 by Resoluhon No. 98-254 recorded ir-, OR Book 2455. Page 3239 of the Official Records of Colher County. Florida. REVIEWED BY: tvlichelle Edwards Arnold (.'.ode Enforcement Director VincentA Cautero, Al~Admin~strator Community Dev. and Environmental Svcs DATE: EXEC!iTIVE SUMMARY I.IEN RESOLIJTIONS - COI)E ENFORCEMENT CASE NO'S. 80605027/Claude E LaRuc. 80608-063/Boris & Emogene Pukay, 80610-059/Thales Delorenzi & Patricia Campelo, 80708-124/Phillip Pierre & 80709-064/Edward J & Laverda L Pelc OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in thc Resolutions in order to recover public funds expended to affect thc abatement of public nuisances at these locations, all as provided k~r in Ordinance 91-47, thc Collier County Weed, I~ittcr and Plant Control Ordinance. CONSI I) ERA'FI()N ,,ks required by Ordinance 91-47. a I,cgal Nmicc of Asscssmcnt and copy' of thc Resolution ',','ill be mailed to thc respective property owners, and the Clerk to the Board will record thc resolution thirty days after mailing of thc resolution. Case No. 80605027 80608-063 80(", ! ()-115') 80708-124 80709-064 Owner of Record Case Summao, Lien Amount Claude I:, l,aRuc $ 245.00 Boris & l'imogcnc '1 halco. Deloren>'i & 1>atricia Campclo tq~iliip Picrl,z Edward .I & l.avcrda l, 'Pelt a. Violation determination 06/04/98 b. N¢~ticc of Violation served 06/26/98 c. \;critica!ion ofunabaled nuisance 07/13/98 ct. Nuisance abated with public funds (/8/10/98 c. ()wncr invoiced tbr costs 08/21/98 a. Violation determination 06/09/98 b. Notice of Violatiol~ served Undeliverable c. \"erification of unabated nuisance 07/21/98 d. Nuisancc aBated with public tunds 08/10/98 c. t)X~,llCr invoiced for costs 08/21/98 a. Vio!ati~m determination 06/09/98 b. N~>ticc t)[ Violation served Undeliverable c. Vcri !~cation of unabated nuisance 07/16/98 d. Nui>ancc abated with public fimds 08/13/98 c. ()xxncr inxo:ccd tbr,costs 08/14/98 a. \:i,flati{m determination (}7/09/98 b. Notice of Violation served 07/14/98 c. \;crification oftmabatcd nuisa,ace 08/07/98 d. Nuisance abated with public funds 08/10/98 c. ()wncr invoiced tbr costs 08/14/98 a. Violation determination 07/10/98 b. Notice af \"iohttion sc~'cd Undeliverable c. Vcr~l~catmn ,:ff unabated nuisance 08/03/98~ d. Nuisanccabatcdwithpublicl~nds 08/10/9: [ c. Owner invoiced tar costs 08/14/9; ] 245.00 300.00 245.00 $ 245.00 NOV 1 0 1998 pq. FISCAL IMPACT A total reimbursement of' $ 1,280.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account~ ti1-138911. GROWTtt MANAGEMENT IMPACT Not applicable. RECOMMENDATION '/hat the Board of County Commissioners adopt the attached Resolutions. PREPAICEI) BY: Code Enforcement REVIE~VED BY: .luli{Belanger, Senior Customer Sen'ice Agent Co~ Enforcement REVIEWEI) BY: DATE: //ct')- 2~.-9,_,© Michellc Ed;vards .Arnold, Director Code Enforcement APPROVEI) BY: .... Vincen~ A. Cautero, AICP: Administrator Coromunit¥ Dev. & £nvironmental Sves. CSce 8 - 6/91 A O E .%.~A. ITEM NOV 1 0 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Claude E La Rue 7012 Chadwell Rd SW Huntsville, AL 35802 DATE: DATE: REFERENCE 80605-027 #62092120004 LiEN NUMBER: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded 1n Plat Book 3, Pages 67 and 68 of the Public Records of Collier County, Florida. malntai-~-: n',' ':,: -f ~- -.f '-~. - ...... ' ~.- re beret' a~vised that the ...... . ........... ~.--~---., ~ ......... U)' Ordinance ~,-4,, serving notice thereof Prohiblted acc~ulation of non-protected mow~le vegetation in excess of 18" height =n a s~d~v~slon other than Golden Gate Estates. Weeds over 18". ......... o :. : .... - .... s $ 45 O0 arz ~r:.zr..:strazz'.'e czs- cf $200.00 for a - - urc...,=,,ce are prope:~.'. S.:cr. :eE.;es~ for hear;nE must be made t~o the C'erk of ~he Board of County ~,.,~z..isslu. r. ers, n~-.~ .... ,~-- .~=~-:r N~:;ies Ficrida 34112 in v:ritinc within thirty ~.~ ?l£~ ?', ~t-,;..~ ? 2 F EOU::7':' CO:..':.:i.-CS: .*4;ER3 CS:e 9- ' , 92 NOV 0 1998 A RES%L'JTiC.'; GF THE ~OARD CF C$1k~TY CO!<:41SSiSNERS PRg',':Di,';G FB~ ASSESSMENT OF LIEN, FOR THE CCST OF THE /~ATEMENi OF PUBLIC ~CJiS~iCE, IN ACCORD~4CE WiTH ORDiN;~CE 91-47. WMEREAS, as .m~s'.'iJ~'~. _. :r. CrJ:nance 91-47, the dlrect costs cf abatement o~ certa:n nuisances, lncludin~ prescrlbed adrlnistrative cost incurred by the Count},, shall be assessed against su:h ~ro~erty; an~ WEEREA£, the cost thereof rc the County as to each parcel shall be calculated and re~3rte/, to the ?car~ ~[ C'.uL"/ C%~z~ss~on~:'s.. - , ~o~,~'ther_ ~ ',':th a description o~ sa~d parcel: an~ WHEPEA£, s'~cn O~:F~[:S~,~F.' n?.a'' ?,e a i,~ga], val:d and binding ck]igation upon the propert?' a~a~nst '^'/.:ch r.~de '~:,%;' ~ai~; and WHEREAS, th~- asse_z-.nt= ~ s:.a.' ' be:c~e due and payable tklrty '~C)~ days after ..... +h,. ma~iing of ~oti'Je of ;,.ssesE~er, t after '.'r.~::. ~r,t,arest shall accrue at. a rate of t'weive percent ~i2.C% NS>;, THEREFiFE, EE :l 9E£iL'.'Ei E':' THE EOAFL OF CC, L~.:TY COMMi£SiC.NERS OF COLLIER CO%~TY FLORIDA. tn~t %he F-rz~.ert'/ descr:/.~d as fc, i'ows, and hav:n~ been abated c~ a p'.ihi~c nulsanc,~ ......... ~--~ .................... the owner cf sa~d prc~ert].', ~s heres}, assessed the LEGAL DESCRIPTION: COST Claude E La Rue 7012 Chadwell Rd £W Huntsville, AL 35802 Lot 9, Block 4, NAPLES M3%NOR ;~DDITION, according to the plat thereof, on file and recorded in Plat Book 3, Pages 67 and 68 of the Public Records of Collier County, Florida. $245.00 f"xr.ers --.' the aL-'.'e J.':z:'r.ued ~r-u~-rt%',... ~:-.3 ...... r su:::; ;'.'ncr faT' = tc ~a)' s'J-~ assessment DATED: ATT££7: BE.;..FD C.? 3,%~,;.-':' COMM: S$: C.';EFS CLLL ::-CF 3Otq;7';', FL'iF: 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 NAME: 30 31 32 33 34 35 36 37 .38 RE FERKNCE: 39 80s05-027 #~2092120004 40 41 42 43 44 45 46 ~7 48 49 50 51 52 53 54 55 56 57 62 jC_ZA',': i ~'E l 7EL 63~' ~: b':;TY ATT: F2:E':' 65 CSce l: - 5;~%BAg~A B. BERRY, NOV 1 0 1998 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LECOtL NOTICE OF ASSESSMENT OF LIEN Boris & Emogene Pukay 21 E ~ain St Mystic, CT 06355 DATE: REFERENCE 80608-063 #57310240008 LEGAl. Lot 27, Block 152, A RE PLAT OF A PORTION OF Marco Beach Unit Five, a subdivision according to the Plat thereof recorded in Plat Book 6A, page 23A of the Public Records of Collier County, Florlda. Yc,;, as =he 5',;nar ..:' t:,e [.r=.'~er, 7 ar~c-,'e Ce£criDeC, as reccrde~ in the records Ccm~iiance Eor'.':5:e:~ :.:~r~Tez, -j:= :.r. 6/30/98, crJcr the anatemer.' of a cat,air, nuisance exis'inc cz. ,.-~. ant'.'<: Dr-.f. ert). ?rtr. lkitcz~ h'/ 'Dry, ir. ar:se 91-4-, servlnc notice thereof Prohmb:ted accumulation of non-protected mow~le vegetation in excess of 18" height mn a s~dmv=smon other than Golden Gate Estates. Weeds over 18'. of $ 245.00. 3::r ::z~z, =5' F,-=-' and sna' ' re ..... =- .er su,sn urlwsrranl¢,s cr c::<r.':.=si-,.~: ar '-.'h}' .riff y, e:,:per, ses 5:.: .:il ntt .T'z'r.stltste a lien against ...... ~ .......... r. writing withir,, thirty iLEP?{, PiiA,r'i S'F '13'JNT'f ,C;D!.2',:iS2-iO}iE.=S CSce ~- i/93 AGENDA ~ T E I'~ NOV 1 0 1998 .'-5 RESOLUTION NO~ 98- A RES%LUTi%N OF ,'HE BCA3, L OF COL~.~.'Y COMMiSSiONERS PRO','iLiNG FOR ASSESSMENT OF LIEN, FOR THE COST OF THE A:BATE:.:E,';T OF F'/BLiC N'UIS;~aCE, iN ACCORDAt~CE WiTH ORDINANCE 91-47. WHEREAS, as provided =n Ordinance 91-47, [he d;rect costs cf abatement of certain nuisances, including prescribed adm;nlstrat:ve ccc% lr. curre~ by the County, shall be assessed against such property; and WHEREAS, the ctst thereof to the Ccunt~' as ts each parcel shai' be calculated and reported to t~ B~ar~ of ~c'sn''.' ~zrr:ss~r~n~.rn together ','~tr, a description cf said parcel; and WHEREAS, SD;ch assessment shall b~ a legal, valid and b:nd~n? obligation upon the a~al~st '~hl~:h ~J,. '~i,tl' pald; aF.d Niw, THKPEF~,PE. 55 iT ~ESOL','RD B'~' THE ~5ARL CF C%~$T'x' COMMiSSiSNERS OF CCLLiEP C'K~CTY, FLORIDA, that tT.e ~rs~ert':' !esrr:hc, d as ~-uii~'ws. ar,~ ha'.'~n? been abated cf a public nuisance after due and proper net'-~ ............ t-~-~.of tc the 9w-~ ~,~ said property, ~s hereby assesse9 the ._.'~Ic'~':n~_ costs of such abater~e~%, l~ 'xlt LEGAL DESCRIPTION: COST 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N~.~: 30 3l Boris & Emogene Pukay 32 2~ E Ma].n St 33 MystlC, CT 0~355 3~ 35 36 37 38 39 40 42 43 46 47 4~ 49 54 56 57 6] 62 ~' t ' 64'~ CCD~,;TY 65 66 csce :1 - : 9~ Lot 27, Block 152, A REPLtkT OF A PORTION OF P~arco Beach Unit F~ve, a subd~vlslon according to the Plat thereof recorded in Plat Book 6A, page 23A of the Pu]Dllc Records of Collier County, Florida. $245.00 REFERENCE: 80608-063 ~57310240008 cf the a:i:"e J.~ssi-i~- ~ proper.ry, ar:/ ~ ?Jun c',':'.e:' f]~!s to paV such ascessment ,i:hin tn:rtl.' (35', d3':':- he'zecf, a rei~if:ea cs?.' ;f this Pesci'utlC:~ shall be recorded of C,Ti let C3~:F/'..'. : u CL?l/iltule a 11~:; a'Ja:nst s~rh property acccrdlnc to , unless surh dlrer~lzn IS Sta','?i k'.' thls RGr~rC: ':9~n aDuea! ~ the assessT, er.t Of th~ owner 'Th:s Res:;l'.:t:t:~ adT.;,:eJ {~ft~.: mot IOn, se':ond and ma)cc'it}' vote. DATED;: DWiSH7 E. BR3'JK, CLEF?' COLLIER CC, L'T;'FY, FLORIDA APPROVED AS TO AND LEGAL BARBARA. B. BERRY N~ /A~;') _'1' NOV 1 0 1998 BOARD OF COUNTY CO~94ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Thales Delorenzi & Patricia Campelo 9733 Arbor Oaks Lane Apt #304 Boca Raton, FL 33428 REFERENCE 80610-059 #57872480005 LEGAL DE£CPi??iO~:: DATE: fro.-., ?L::iR:<, hLARi C:Y ?O'i::.-Y Lot 22, Block 348 of Marco Beach Unit 10, a Subdivision according to the Plat thereof recorded ~n Plat Book 6, Pages 74-79, of the Public Records of Collier County, Florida. r. ai:-.:%:' ~ ' ..... ' : ; .... .. ..: : ..... , ...:.t '. Cc:.~i:a:.':e .'e:'.'. · '{,; : :. :, :. : ' 6/10/98, : :..; ';.~ ,-:: ~'-~r~.r.' ' ~ ;, certa:n Prohibited acc'~ulatlon of non-protected mow~le vegetation ~n excess of 18" height in a s~d~v~s~on other than Golden Gate Estates. Prohibited d~plng, accumulation, storage or burial cf lmtter, waste or ~andoned property. Weeds over 18'. i fallen palm tree along the right of way. puui:c f,:: us a~ , z.:; r~ '2_: -;: $I00.00 a:',s acrin.~z.rat:'.'e uls~ cf $200.00 for a '..:'.a' cf $300.00. f'.;'n ' .~' : , rI. Po3':..':l'. ;f ~he h:ar; if lc;:,~':' i':::,zlssloners of 8RS s.,~ 7.~ ...................... ~"-'~ - ~'- ' .... ~-- " .~ :' r-I'. y 7.7.1rty ~{ , ..-~:.:'~ ...... s.~'.er S~ic/: assessF~lrlt . Comzr. issi'sr, ers, 5svern.rer. 2 2e:.'.e:-, }:iF. les, F.::-za;: ':4112 :r. ',.'r:t:r.} w:thir, thirty NOV t 0 1998 C£ce 9- 6 '7 8 9 10 Il 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 a0 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 A ~.ESOL:ii!ON OF THE BOARD OF COUNTY COMMiSSiONERS ~S=o .... r,.4~ OF LIEN, FOR THE COST OF THE AEATEMENT CF DU51,1C NUISanCE, IN ACCORD~J~CE WiTH C.iLiNAI;TE 91-47. WHEREAS, as provided in Orfilr.ance 91-47, the direct costs cf abatement of certain nuisances, inclu~i~u..u .rrescrl~'~':.,-- admlnlstraLlve Ccst incurred ky t~e Count'/, shall be assessed against such prcperty~ and WHE?.EA$, the cost thereof ti the Count'/ as tc each parce' sha]i be calculated and reporte:] to, the ~oard of C,:.'antiy ?ctr."isa;cners, tc~ether with a descri~ti,sn cf said parcel; and a iega' ~ valid and hlndi:,g or~iigatlcn upon the and WHEREAS, t:,c asses£ment si.al' :;~.--c~- .... d';e and pavac!e. ~h' ~rv...... .~,5) days after the mail;ng of Notic~ cf A. sse~smenz after which ir:retest she' ' accrue at a rate o~ twelve percent (12.C%) "'W ...................... B'f ,,~ , ..~=r.=:~.=, ~'_ .. ~-'~-~a~ THE BCA.RZ OF '3Ot~4TY COMMiSSiONrRS OF ~O~' ~rR C'~U ..... FLORIDA, that the ~r-~~. ---., iesrrih~i_ as .~.'~:ls. ws. an~ havlng b~-_ .... abated of a public nuisance . . - ....................... c~'ner ~. said prcper%y, ls hereby assessed following TCStS Cf s'~rh abate-eT.: , ~7 wit : NAME: Thales Delorenzi & Patricia Ca~npelo 9733 Arbor Oaks Ln Apt #304 Boca Retort, FL 33428 REFERENCE: 80~10-059 $57872480005 LEGAL DESCRIPTION: Lot 22, Block 348 of Marco Beach Unit 10, a Subdivision according to the Plat thereof recorded in Plat Book 6, Pages 74-79, of the Public Records of Collier County, Florida. COST $245.00 law, unless such :]~reJ%ion is sta'/e~, l?)' th:s ~oard 2~;on appeal, cf the assessment 7his Reqzl~licr: ado~ted af~e~ ~c~ic/;, second an~ majority vote. DATED: ATTEST: DWIGHT E. BP, aC?:. CLE.~,K 56 57 APPROVED AS TC F.'DP~.: 5g ;C[D LEGAL SUFFii':K:Ci'f: 59 ,. / , 60 ., ,' , ,. ; ,' ",_._--~ 61 ¥,'.'---DAV.TD WEiGEL 62-' CCU%~TY ATTORNEY 63 64 CSce il - 1/98 BOAF. D OF COLq';TY CO?,MISSIONERS COLLIER COU?;TY, FLCR.'DA 5ARBA. P_A B, B.~,.., CHAiRMA2: AGENDa, ~?EM ~ NOV 1 0 7998 BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Phillip Pierre 1894 -40=h Terrace SW Naples, FL 34116 DATE: REFERENCE 80708-124 #36384480006 LEGAL D£SERiP710::: Lot 15, block 223, GOLDEN GATE, Unit 6, Part 1, a mubdzviszon according to the plat there of as recorded in Plat Book 9, Pages 1 through 7, of the Public Records of Collier County, Florida, ComDllar~r'- ' ............ ~ ........ : ""~.. ~ ......... '"- , .... ;. 7/10/98, c~':<r tlc. k:,.'--.-,. ........... ..... ;. certain r,u~sance ' ' ......... :'-'~':' }' ~-::-.'-i~ ira~: ~'/ < ;':.;.ar. 2e ?i-.':-, :~e:-.':r.l; ntli:ze Prohlb~ed acc~u!at~on of non-protected mow~l~ vegetation in sxcsss of 18" in height ~n a s'~d~v~s~on other than Golden Gat~ Weeds over !~". ............ = a'. a ::.:~. -' .'':"_ : f $ 45.00 ~:.C ~S:: :r.:.~''./ ~: :-.-c. Cts'. %J $200.00 for a 245 00. :: .... .... :: ........... Ccm.m:.ssi.:::-.e:~ 'L''.'eIF.7. eF.~ Center, ~:Lles, ~'2orlca ~,.;li2 'n ',,'::ti:',u ',;irhln thirty CSce AGENDA t~M NOV 1 0 1998 1 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5~ 51 52 53 54 55 56 A RE£CLL~i6N %? THE BOA?D OF CO~TY COMMiSS~,J,.E~ ~PO','iDiNG FOR ASSESSMENT OF LIEN, FOR THE COST CF THE ABATEMENT OF FUBLiT I~IS~;CE, iN ACCORDAn;CE WiTH ORDIN~;CE 9i.47. WHEREAS, as provided in Ordinance 9!-47, the d%rect costs cf abatement of certain nuisances, including prescribed ad-.inlstratlve cost incurred by the County, shall be assessed aoainst such property~ and WHEREAS, the cast the.=~.t tc the ~-~..~y ...... as ~o each parcel shall be calculated and reported to the Board of ~ ....... Ccm~,iSSl©r~e~s tcgether .with a description c' sald parcel: and WHEREA£, :~ucn assessment shall he a legal, valid and hindln~ cbi:gat~un upon the property WHEREAS, the assessment shall become due and payable thirty (~O~ daS's after the mailing of annum on any un~a:~ ~crLicn there&~. NOw, THEFEFiPE 5:5 iT ~E£SL','Ei, 5'J' THE I;1ARL C? COUNTT ~"~"~'S~iONERS OF COLLIER ~O ...... FLORiLA, thst t't' .... [,r~',r-r%?': ~ ~escr'~':. ...... as ~t' ''zw~ an~ h~'.':ng been akate~ o~ a pubt:c nuisance a~ter such abated, er.t, :z wlt: NA34E: LEGAL DESCRIPTION COST Phiillp P~erre 1894 -4,D~' Terrace SW Naples, FL 34116 Lot 15, block 223, GOLDEN GATE, Unxt 6, Part 1, a sulmdlvlslon according to the plat there of as recorded in Plat Book 9, Pages 1 through 7, of the Public Records of Colller County, Florida. $245.00 REFERENCE: 80708-124 cf Coii~e:' Count}', to ctnstltute a i~en a~alnst surh FrcpertT a=corJin~ to !aw, unless such d!~-,~ .,~S~ a~Deal cf -~ assessment ~ th- owner %'bls Resalt:%::;7. a,!c~ed a~ter ~t~n, second and majority vote. DATED: ATTEST. ..t,.Gr:. E. EPOCZ, S'LEFK COLL[ER CCU?JTY, FLORIDA 57 58 59 APPROVED AS TO (~ A~PD LEGAL SUTF'iCiE:;i':': 6 i " ' COL?;TY ATTOPME Y 66 csce 1: BAP. OA?~A B. BEROY, CHAi P.~tAN 1 NOV 1 0 199J BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Edward J & Laverda L Pelc 1307 N Kankakee St Lincoln IL 62656 REFERENCE 80709-064 #35690600005 LEGAL DESCF. iPTi%~: DATE: 'fEN NUMBER: Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. You, as tt'~ owner ;:' :h~. Lr',?:r above ~'~., L, ed '- - . ':'/ ~:~.~cr: , as :e~or'Jed ~r, the records maintained Dy ~h~. - ''~1~-~ ....... o~ the urboer~,/. . Appr-' ~r,~:.._ are ~:ere~)' ad'.,: ~.d__ that the Compliance S,-r', ...... '.'~-a~...., ....... ,.~ or, 7/13/98 ~r': .... ~ a-a-~-.~~- ~f nuisance e;<~s%zn~ cs. %he a~c'.'e proper%y ~rchzt~%es by Crd~nance 9i-47, notice thereof ~n23 '.'L'L S'2Ch ~,'21sar~ce belnC: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" Dubilc f .... ;= az a 2'-~ ..... ~' ~' S 45 00 ar,~ ~ .... ~ ra:ive . . . ' ................... a ......... - co~' 0~ $200 00 lc:' to~a~ of $ 245,00. SJ:'r. Cos2~3, h7 Resoit:tLon cf the Board cf C~u,qty Commissioners of Collier Count',' Fizrl,da, have been assessed agalns5 [be above proper[}' on and shall t=,- ..... a '2en on the property tn~r~.y {30' days -~' ~ such asses..m._n[ You mayr :o.~._s ~."~ ' a r:f, arl :.,l. before. ,~ ...... h~ ~Oe~.~ Of nOuR[.y.~ CCF~F2~. SSlORerS' tO; show Ca'.]~, if ar, y, wr,'; ~he_ e;,::,,~-,s~-~. and ch,~rs~~. .~ ~nc',:rred tv ~h,~,_, _ Ccunzy under this Ordinance aga~ns% the ~:oper%>'. Such reques~ for hearths must be made to 5he Clerk c~ the Board of County Ccs2r. lssloners, Government Center, Naples, Florida 34112 lt~ng wzthin thsr%y :20/ days from the date of 5his assessmen% to be valid. AGENDA ~TE~ NOV 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 RESPLUTiON NO. 98- A RESZLUTiON OF THE BOA.RD CF CO%?;.-Y COMMiSSiCNERS FF~'.'iZi::3 ~iR ASEESSMENT CF LIEN, FLR THE CEST CF THE ~ATEMENT CF ~'~l. lg :~CiS~';CE, !N ACCORDA2{CE wiTM CRiiN~';iE 91-4". WHEREAS, as provided ir. 5ri:nanse 9'-47, the direct costs of abateTen~ of certain nuisances, Includ;n~ ~res~r~hed ad-:nlstra~ive csst imcurred ky ~he County, shall be assessei WHERE;..£, the rzs~ -h- ....... ~h~ County as to ea-~ ~-~ ............ .,. pa .... shall be calcula~e~ anJ reported tc the 5saz-j :~ ?-,usry "~mr;ss~oners, toyether with a descript;cn o~ sald parcel, and WNE3EA5, s';rr, assess-est ssa' ' be a iepal, valid and binding obi~gatlon upon the prc~er~y a~a;nst 'which -ale un~;' pa;d; and ' ~ ~ ~ - yah ........ y ~3~) days after the maclang of Nc~",- ~ Assesn~er, t after 'wh;,-~ .... ~ ..... shall ..... - ......... ;:- aucrue at a rate cf twelve percent per annu~ cm any '.;npa;d por~lo7 ::5's, THERE?Z. RE, EE 17 FESCL','E3 ~'= THE BOAR2 ,iF CO~:7Y COMMiSSiONERS OF COLLIER CO~:TY, FLORIDA rna' -~ .... ...... :_~sperry _scr;se~ as fellows, and havln~ keen abated of a suh!~c nuisance after iue asi ~rr~.-r nz~;re t'nerezf tr the c'.'ner cf said property, 2s hereby assessed N~ME: LEGAL DESCRIPTION: COST Edward J ~ Laverda L Pelc Lot 15, Block 2, Unit 1, $245.00 1307 N Kankakee St Part 2,GOLDEN GATE, as Lincoln, IL 62~5~ recorded in Plat Book 11, Pages lland 12, P%~lic Collier Records of County, Florida. #3563C500005 law, unless surh ulrert ~cn :n staye-j by thl~ Bsar,] ,~pon a~peal of the assessment of the DAiEL: 20 21 22 23 24 25 26 27 28 29 3O 3l 32 33 35 36 37 38 REFERENCE 39 80709-064 4] 42 43 45 ~6 47 ~0 51 A'77£$ i: 52 DW:GN? E. 53 56 57 58 59 61 62 r.p DAVID WEiSEL 63~ ,:Ob?;7':' 65 csse !i APPROVED AS 70 FSR;< ;'lid LEGAL fi /' NOV 1 0 ]998 I,~X ECl;TI VI,~ SIJ.,MMA RY LIEN RESOLUTIONS CODE ENFORCEMENT CASE NO'S. 80413- 061/Valentin & Migdalia Gonzalez, 80,l13-064/Shang Mci ltuang, 80413-065/John Pagliaro TR OB,JECTIVE Board to accept report and adopt separate Resolutions assessing, a lien against the parcels identiiied in the Resolutions in order to recover public funds expended to effect the abatement ora public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSII)ERATION As required by Ordinancc 91-47. a legal nolicc of assessment and copy of thc Resolution will be mailed to thc rcspcctivc property owners, and thc Clerk to thc Board will record the resolution thirty clays after mailing of ttac resolution. Case No. Owner of Record Case Summary Lien Amount 80413-061 $ 305.00 Valcntin & Migdalia Gonzalez a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance 04/09/98 04/17/98 05/07/98 O0413-064 80,11.3-065 Shang Mci t iuang John I'agiiaro 'FR d. Nuisance abated with public funds 05/26/98 c. Ow,er invoiced for costs 05/29/98 Violation determination Notice of Violation served Verilication o!' unabated nuisance Nuisance abated with public fBnds ()',*.'ncr invoiced tbr costs Violation determination Notice oi' Violation served \;crification of unabated nuisance · Nuisance abated with pub[lc funds Owner invoiced for costs 04/! 4/98 05/04/98 05/26/98 06/02/98 06/04/98 04/I 4/98 04/27/98 05/21/98 06/02/98 06/04/98 245.00 245.00 FIS(;Ai, IMPACT A total r,_'imburscmcut ors 795.00 mavbc anticipated la,.' voluntary action or foreclosure. Thc only cost to be incurred by the C~;unty is the cost of recording the Lien. which is estimated to be approximately $ 212)0. and can bc paid from Code Enforcement account ~ I 11_1'°~' GROWTH MANA(;EMI,~NI' IMPACT Not applicable. R ECO,M MEN I)AT I ON That the Board of County Commissioners adopt the attached Resolutions. AGENDA ~TEM NO. ~ NOV i 0 19913 PREPARED BY: N1elo~ty Brid-gem..~,'-Cus~'omt)r Service Representative Code Enforcement REVIEWED BY: DATE: JulieBelanger, Senior Cuslome~Service Agent Code-Enforcement REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement A/~hP P Ry~"E I) BY: 'v'incen! A. Caulcro, AJCP, Administrator Community I)e;. & Environmental Svcs. CSce 8 - 6.'91 No ~ NOV 1 0 1998 BOAPdD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Valentin & Migdalia Gonzalez 1237-39 t;rw 33r~ St Miami, FL 33142 DATE: REFERENCE 80413-061 #62255200004 Lot 41, Block 6, Naples Manor Lake, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, Plat Book 3, Page 86 also described as Lot 41, Block 6, Naples Manor Lake Replat, Plat Book 4, page 67, Public Records of Collier County, Florida. You, as '.hr` c'.',-,er <: 'r,,- r.:'.:;er-,/ ab-/,'e de:{cr;befi, .'~3 rez~rdeJ ;r. the records maintained by Manager, C: ] ct. 04/13/98, :: ncr t:.~ !:r_ater~er, t of a rerta;n 7.',;~saLce e>:ist:ir;~ or, tho above property F, rlr. lz;te: : .. r':.r.l:r,c,t }[-4-, ser.,,:n7 r,,zt:ce therezf 'zFiF. 72. u, s',ic:; r.u~sance belna: Prohibited accumulation of non-protected mowable vegetation ~n excess of 18" ~n hexght in a subdzv~on other than Golden Gate Estates. Prohzb~ted dumping, accumulation, storage or burzal of lltter, waste or ~ar. doned property. Weeds over 18", also tree branches, palm fronds. and sba;[ rc-~:-e ;; ;.-: 'r. ~r.c ~.r:~.:: 'y tr.:rtl' j,~ ::~'.'3 a~ter s',zr, as~e3~'r, er;t . excessLve cr '~'hy FJi:F. e;.:per, ses shc'J~ :-,zt rcnst:t.nte a i:er. a~a:r, st the ~-roperty. Such request fo,: r, earir.~ r.:,s] re. ma.~c: Lc th,: ['Jerk c,t tt.e Bt:a:~ ~[ [;:'dF. fy Com~,;ss~c:.ers, , day~ ~ ;Cr~ the date ~ ~ AGENDA rTE~U NOV 1 0 1998 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5! 52 53 54 55 56 57 58 RESGLL'TI 9N NO. A RESOLUTi9~i CF THE BGARD OF COUN'TY COMMISSJON£RS ['RO';iGi;;G FOR A..~r~o~,,~.,. OF LIEN, FOR THE C0£7 OF THE ARATEME:F7 OF PUBLIC.'VJIS;uN3E, I:; A.C,.~.~...E~ ,n---.-- WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ;;HEREA£. the cDst thereof tc the rounty as to each parcel shall be ca!cu]ared and reported to the Board cf County Ccx:m:$s:oners, to~ether w~th a descr:pt~on of said parcel; and WHEREAS, such assesnm,:nt ~;L;,ii b,: ,'~ ieq;.i, vai:d and bln~:ng obligation upon the property against which r.a~e ~nt:~ pal'S; ar,'] · - - ~0ya ........ rty ' da%'s after the mailing Notice cf Assessrer, t al[er '~'r.;?r. ;r. terqs% shall accrJe a~ a rate cf twelve percent {12.0%) per annum on any unp~i~ psrtltn tnerrzof NP~, TH£~.EFlk£, ~E iT kE£$L','EL E'F THE BOARD 0F ?C~;TY CO~<MiS£iONERS OF COLLIER CO~;'7'f, FLORIDA, that the pr$~er~i,, descr:bed as follows, ar;~ ~.~'.'ing been abate~ cf a public nuisance aft,~r due and ~rcper nz%:ce %'hereof tz %~.e owner cf sa~d ~rsperty, is hereby assessed the following costs of such at]teme-t, NAME: LEGAL DESCRIPTION: COST Valentln & Mlgdalla Gonzalez Lot 41. Block 6, Naples Manor $305.00 1237-39 ~UW 33'~ St Lake, according to the plat Miami, FL 33142 thereof, or. file and recorded In the Put~llc Records of Collier County, Florida, Plat Book3, Page 86 al~o descrlbed as Lot 4l, Block 6, Naples PLaner Lake ~eplat, Plat Book 4, page 67, ~:bilc Records of Collier County, Florida. 80~13-061 #62255200084 '~3t, ~al,'5 hereof, a ce:'t~f~e%] c~>' ~f thi.; Resulution shall be reccr.Je-j in the official records cf Ocli:er iaunr¥, t,~ cgxgli~'lte a 11~;~ against such propers}, accordln~ to law, unless sJch .... czlon ;S 3la~,'u'i h',,' this i-bari ~;po; appeal c~ the assess'merit of the owner. fATED: ATTEST: DW:SH.- E. E-?.,':ZK, ?L£1-K 59 6O 62 ;em LEGAL 67 68 C~ce II - ~OARE CF CCL.?,~tY CC~C:iSSi©PJERS EARBAP, A B. BERRY, CHAIR:qAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Shang Mci Huang 470 Dobie St Tow~ of ~t Royal Quebec Canada H3P 1S5 DATE: REFERENCE 80413-064 #36561520006 LEGAL Lot 20, Block 281, Unit 8, Part 2, C, OJ~EN GATE, according to plat thereof recorded in Plat Book 9, Page 111 of the Public Records of Collier County, Florida. YOU, .55 ~_hr.· -,',;;.r:; '. f ' ;,r: :..~'.:,':;'.y ;;;,' ';': 'Je£cr; Lr:-j, as rcgo:-lec i n the records maintained ky '.:.,: t: :.':,: 3'. '.:,e l':'.;, :'y /:p.r, raiser, are he:c,~y advised rna% the Cc:r..sliance £er','.se£ Xe;.aTer, '~.s 5; 04/16/98, otter the aLater:ent o[ a certain nuisance e:<is%ir.~ ct. :;.e a.'_:'.'e [~rz~.£-r:'/ ?:~:.irlten .~)' CrS~.~.ance 91-47, ser'.'in~ notice thereof Prohlblted accumulation of non-protected mew~le vegetation ~n excess of 18" in height ~n a s'~dlvlslon other than Golden Gate Estates. Weeds over !8". 'fc;~ fa~ie~ %2 ankle ~ 2~;. r.~_'.~n~-~'; ~.cre~ln, ~' >.'ks eLc:te~ L',' the e:<~enci~':re cf ~unlzr f'ln13 el. e 3:_1.:'.' uts- :1 $ 45.C, 0 e:.3 aaxLr, asEra-'.'.'~. :::st. .-:f $200.00 for Cf $ 245.00. 2~11 i' ..%'.: , L} PO~Jii'iiL%:'. cf tr,e [33e13: 2f lo.ill}' lo::'J:lssibne:s c,J 'il, il.e:' a:%! shall secor~. ~ .~er. 2:. ~ne ~'re~ert_y thirty (l~ll} cays a~ter sash uP.'.~arrar.!e': t:' ex'leE.:l'.'% { r .,/.y 5_1;. e:.:F_enses s}.tils :.c~ CCRS'.iiULe a ~ieFi agaL;lst the ~rc~ertl'. S,2zn :~-~;.?s~. f:.r r.e~r~r.~ rlst De mace ii ~he Cler,~ of the Boari of County Ccxx. lssisr, ers, Go'.'=r:.xen% let. let, Na~ies, FlsriCe 34112 lt. },'rltl;,~ witLln thirty (30} ,'s fret. the cate 1! Er. la asiegsrent to be vai/~. CSce 9- i NOV 1 0 1998 1 2 4 5 6 7 8 9 10 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ,17 48 49 5O 5I .52 53 54 55 RESOLUTION NO. 98- .... S~.U~, ..... THE BOARD OF COUNTY COMMIS_ciONERS PRO'] ' - * '"" lw,,~ FOP ASSESSMENT OF LIEN, FOR THE C5'ST CF THE A&ATEMENT OFwou_,t'~_ ~VJIS~CE, iN ACCORD~ITE 'KITH ORLiN;CgCE 91-47. WHEREAS, as prey:deS ;n Orz:r. ar, ue 91-47, the d:rect costs of abatement of certain nuisances, Including prescribed adm:n:stratlve cost in:urred b7 the County, shall be assessed against s';~n ~rtner%'/ amd WNE~EAS, the cas~ %hereof 'c the County as to each parcel shall be calculated and reported to the 5card o~ Count7 "~,~,r~ssloners, together with a description of said parcel; and . .... r.-~.:, sscn assessrenl anal be a legal, valid and blndin9 obligation upon the propert}, a~alnst 'w?,~sh r~.a~e ur.t~' pal,; and WHEREAS, '.he assessrent :;hall become due ar,:] payable th:try ~3C days after ~he malign9 ~' ' shai' --~u~ rate .... , .::% -v.=, za .. ~= .... .=~ z: .nc BC;~.2: 57 CO~;T'{ COMMi£SiCNERS OF COLLIE? COUNTY NAME: Shang Mel Huang 470 Dobxe St Town of Mt Royal Quebec Canada LEGAL DESCRIPTION: COST H3P 1S5 REFERENCE: 80413-064 ~3656152C00{ Lot 20, Block 281, Unit 8, Part 2, GOLDEN GATE, according tc plat thereof r~cord~d in Plat Book 9, Page 111 of the Pub!lc Records of Collier County, Florlda. $245.00 The Clerk af %7. e 3'2ari sc.al' ra:i a n?t:ce si assessment cf i~en to the o~er or C',;~ierS Cf ~h9 aE-''~ .............. 'J.?s' ~'~.~ ~..~'--v~_. .... : .......... ~r,i ' ~ s~c~ G'~'i~r ~allC ~c. pa}' su~ assessmen~ ~':~h~n thlr'_7 2' ia)'s he~. .... a ", ........... .... ~ed topi.' c! ~h:s ~-,5c'vt:on sh~ii he recorded ~n the s ~ ~c..ier -t'.~L~'.'. ~ Cv::S~iLute a a~alns~ such property ~crordln~ to AT'iE£T. 5:;-.5.1 'iF 3ZlZ:T':' iC. MMiSSiONEES E;-3. BAF3~ B. BERRY, 'TNJ:!RFJC~ / NOV 1 0 1991 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSP[ENT OF LIEN John Pagliaro TR Box 6591 Station J Ottawa Ontario Canada K2B 3Y7 DATE: REFERENCE 80413-065 #36561280003 L£,JAL DES'CR;FT; : Lot 14, Block 281, Unit 8, Part 2, GOLDEN GATE, according to plat thereof recorded in Plat Book 9, Pages 107 through 112, inclusmve, Public Records of Collier County, Florida. Ccrr. si'anze Ser'r~ce.= :.:ar.~uer, 32z z~. 04/16/98, '.:zer ~r.e ahaler%:.l 3f a certain Prohibited acc~ulat~on of non-protected mow~le vegetation ~n excess of 18" in height &n a s~dzv2s~on other than Golden Gate Estates, Weeds over 18". CozF. ty, ~ ;:lea, :.::'." :';:=: ~EZe :S"; ¢~Jalz~-:t tlc =tt','e F. rC,~zly proper%?'. Such request fzr hearzr.7 xdsl ne ~au,- Lc %t.e llerk cf t. he ~:arc 3f Corr, lsslcr, ers, ]5'.'e:-r. rer. t ?enter, :;~?ies, Fizr:z= 24112 :r. ',,'r:tir.:3 w:tr.:r, thirty' CSce 9- l.'P3 Nov 1 o 1998 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 d2 43 44 45 46 47 48 49 50 51 52 53 54 55 RESgLUTiON NO. 92- A RESDLUTiON OF THE BOARD OF CO5~4TY COMM:S£iDNERS ~p2.,,i ~-,· .~,~, FOR ASSESSMENT OF LIEN, FOR THE THE ~ATEMENT OF PL~LIC NUISt~CE, iN ACCORD~CE WJTH OP~iN~;CE 9i-47. WHEREAS, as br-,',,;c,:,~ ::. %;q;.',ance 9!-47, the direct costs of abatement of certain nuisances, includin= ~rescr,' ~ ist .5_G adm:n rative cos[ incurred by the County, shall be assessed against such property; anG WHEREAS. the cost Or. erect to tr, e County as to each parcel shall be calculated and re~crte5 tc the 3bard :~f Ccur. t?, C~,-,-:ss:oLers, together w~th a descr~pt:on cf said parcel; amc] WHEREAS, s;c:. a~;£e£zr, er,~ snail be a !ega', '.'ai:d and b:ndln9 obl:gat~on upon the proper~y a~alr, st wt.:cz raJe un~l pa~J; and WHEPEAS, the assess~.en% sr.a'' Lecsre Jue and payable th:try 39~ days after the mail:ng Notice -~. Assess,e~.t ~.'''_er '-'h;ch ~r. terest sna' ' accrue at a rate ~r~. t',.'ei'/e percent (12.0%) annu- Tn qr.'.. .... ~i.~ai~ ~%r~icr; ~her~-~,. I ;;~>;, .-HE.:EF''Z:' ............................. .-;r -- ;:~ ,.-.- :.v-~= P-2:.:L -~-- .... ;-',' ~"~"'cc:t;:;EES OF COLLIER FLCRiDA, t.*.a: ~:.e ~:'tLe:':':' 5es':r::'e] ~3 [zllc','s, ar;ri hav:n:3 beer, ata~ed of a F, ubl~c r,u:sance after 5sc. :~r.n :rt.:e: hz- :-.~ --~,--~.-~ -~ -~ o','r.e:- cf ca:J pr:z~rt'..., :s hereby assessed John Pagl~aro TR Box 6591 Statzon J Ottawa Cntar~o Canada K2B 3Y7 LEGAL DESCRIPTION: COST REFERENCE: 80413-0~5 ~3~561280003 Lot 14, Block 281, Unzt 8, Part 2, C~DLDEN GATE, according to plat thereof recorded in Plat Book 9. Pages 107 through 112, xncluslve, Publl~ Records of Call:er County, Florida. $245.00 ;.TT£27 · LWiGHT E. 5.Zl X.'. VL.K~ TS :,k: .:fY- U l L'2:TY. EXECUTIVE SUMMARY LIEN RESOLUTIONS - (.'ODE ENFORCEMENT CASE NO'S. 60522-087/Gary L & Nancy C Seward, 80514-028/Lloyd (; Sheehan & 80622-009/Connie Simon & Marlo Pikui. OB~IECTIVE Board to accept report and adopt separate Resolutions assessing a lien against thc parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided tbr in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a legal notice of assessment and copy of thc Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. 60522-087 80514-028 80622-009 Owner of Record Gary L & Nancy C Seward I,Ioyd G Shcchan Connie Sirnon& Marlo Pikul Case Summary. a. Violation determination b. Notice of Violation Undeliverable c. Verification of unabated nuisance d. Nuisance abated with public fhnds e. Owner invoiced for costs 05/21/'96 sen'ed 06/28/96 07/09/96 07,'18/96 a. Violation determination 05/I 3/98 b. Notice of Violation served 05/I 8/98 c. Verification of unabated nuisance 06/(/8/98 d. Nuisance abated with public funds 06/12/98 e. Owner invoiced for costs 07/01./98 a. Violation determination {36/19/98 b. Notice of Violation Undeliverable c. Verification of unabated nuisance d. Nuisance abated ,a'ith public funds e. Owner invoiced for costs served 07/13/98 07/I 8/98 07/24/98 Lien Amount $ 245.00 2 45.00 F'ISCA I~ J MPAC"F A total reirnbursement o1'$ 735.00 may be anticipated by voluntary' action or lbreclos~re. o The only' cost to be inct'wred by thc County is the cost of recordirlg the Lien, which is estimated to be approximately $ 21.00, and can be paid from Code Enfi)rcement account # I11-138911. GROWTtt MANAGEMENT IMPACT Not applicable. RECOMMENDATION NOV i 0 1998 PREPARED BY: Meloc~v-B~'idgerr~n, ~ustom-~r ~m, ice Representative Code Enforcement DATE: REVIEWED BY: Juli~e Belanger, Senior Customer Service Agent Code Enforcement DATE:~_ REVIEWED BY: Michel'le Ed~vards Arnold, Director Code Enforcement APPROVEI) BY: Vincent A. Cautero, AICP, Administrator Community l)ev. & Envir~mmental Svcs. DATE: DATE: CSce 8 - 6'91 ,~G O E NOV 1 0 1998 BO~dD OF COLr~Ty COM~I$SIO~ERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Gar~ L & Nancy C Seward 830 Bebout Venetla, PA 15367 DATE: R~F~.RENCE 60522-087 #5679200000q LEGAL Lot 17, Block 50, MARCO BEACH, UNIT TWO, a Subdivision, according to the Plat thereof, recorded in Plat Book 6, Pages 25 through 31, of the P~bllc Records of Collier County, Florida. Prohibited accumulation of non-protected mowabie vegetatIon :n excess of 18" height In a subdlvlslon other than Golden Gate Estates. Weeds over 18'. i':.-i:-F, ?'..;...:1 l.? ?i'.';;7Y ':_S:.:XiSSiC::r:-:' NOV 1 0 1998 Pg. A RESOLL'/iON OF THE BOARD OF COUNTY COMMiSSiONERS P~';','iDiNG F:)F' A:tf][-]S:]MEr;T OF ',,iEN, FOR THE COST OF THE ABATEMENT OF ['Ual, lC NUISANCE, iN ACCOPD/~CK WHEREAS, as prc',':ded il'. Bt'fir. anco 91-47, the direct costs of abatement of certain nuisances, including prescr:bei adr:n:str~t:','e ':Dst incurred by the County. shall be assessed against such prcperty; anti WHEREAS, the cczt thereof tc the Co',;nt7 as tc each parcel shall be calculated and reported tc the B~arJ cf C~nt7 qc--:s~;cr, ers, togetr, er ','~th a description of sa~d parcel; and WHEPE;,S, such a:{sess-er.', an~ . t,e a leu;,', val;d and bindlng c~ligatlon upon the propert7 against wh~rh male ur.t:' ~a;d; an'] WHEREAS, the a~sess-ent sh~l] b,:~.c-e d'~e and payable thlrt7 '.]0) days after the maiilng of Notice cf Assessre~.% after 'w;..u;. .r, ter,~st Lr.a' . accrue at a rate of twelve percent (12.G%} per NOw, THERE/iF.E, ZE iT RE£SL'.'E2 ?:' THE 55ARE OF CO~;TY COMMiS£1ONERS OF COLLIER COmiTY, FLORIDA, th:at the ~rz~e:'ty iesTtlt.'2 ~S fcllS~'z, ani ha':~ng been asazed of a public nuisance after due and ~rcper n~tlce tr,er,:tf to t:.e C'wner 0~ said property is hereby assessed the foilo~ng costs of such abater, ext. LEGAL DESCRIPTION COST 1 2 3 4 5 6 7 8 9 10 I1 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 ~x~.~: 3O 31 Gary L & Nancy C Seward 32 830 Bebout 33 Venetia, PA 153~7 3~ 35 37 3~ 39 4O 4~ 42 43 44 46 47 ~9 5O 5~ 52 53 55 56 57 59 6~ 62.d~AVID WEiGEL 63 U COL~TY ATTC'~:£Y 65 CSce li - Lot 17, Block 50, I~CO BEACH,UNIT ~dO, a Sul~dzvls~on, according to the Plat thereof, recorded in Plat Book 6, Rages 25 through 31, of the Public Records of Collier County, Florida. $245.00 RKFERENCE: 60522-087 #5679202,0C, 02 the ahc'.'e ,Jesu: ;L<.i [,rEp,:::'/. ar.! :f s~t'r. ~/-'5. er tails tc pa}' such assessment w:lh:n ~]0" day/ ?;~r*'c1, a ::ezzlfle~ cc~l,' q5 :his Rescl'.;tlcr. shall se ~o-c-:i~i in the dlrectlcr', is staved :" ~5.:s Be)r,-: upz:: a~e~l 7:f the assessment of the o'.'ner. ATTEST: COL~, :T Y '?'OM'{i SS i ONERS CS?CT'f, ?i. SR i iA AFFROVED AS TC Foa:< AND LEGAL SUFFii'iFI,:2':' .-6 ',:" '?'' ' "' : E.ARBARA B BEi R'f, C}LAi RYJ,I; · G D E NOV 1 0 1998 _----- BOARD OF CO~4TY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~ENT OF LIEN Lloyd G Sheehan 2626 Tamiami Trl E #7 Naples, FL 34112 DATE: REFERENCE 80514-028 #62094080003 LEGAL DESTFi P71C:~: Lot 16, Block 6, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. Page Book 3, Pages 67 and 68. aS tY.~: q> i.r~: "~ mair~ta: -~ ....... Ccm~iiar.~-~. c ...... ,~-. .,,.~,,., ........ 05/14/98, ~--,~ .... ~ a::ate::er.t c~ a "~-rtain nuisa::,?e Prohibited acc~ulat~on of non-protected mow~le vegetation ~n excess of 18" in height zn a st~d~v~s~on other than Golden Gate Estates. Weeds over 18", - ............ - .... ~ .... $ 45.00 a:,d a ::: .... .... ~t-:.' '','~- ......c~t ,cf $200 . 00 .~'-:: a to, el. ,_ 245 00 :' .... :-- ' ........... ~ . ...... z : c~',,'F eft<.: : 2-':. a.?s~:fr~q;:.l . :,fly I~2C:' .: i.,-~: l:.~ :_-iii,'~- l'~: .... ' ............ : ....... ::%. /.~:r.~ *_L 5:~:,'w i:;j'.;:<~., ~r~,D~r~'v. ::'2z]' re.o' .--:' for ' ,-~- ' ~: '--,:~- be :,adc- -~ -~,~- ~' ~'k :. ' the ~;,-~ c,f Cc.~:r;ty 3LET,?:, El.::F./ 0~' Cf, U:;.-':' CSce 9- '')l NOV 1 0 1998 Pg. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 5a 55 RESOLUTION NO. 98- A RESCL'JT:ON OF THE BOARD OF SOUNTY COMM:SSiONERS FROViDiNG F'Si ;~SESSMEN/ OF LIEN, FOR THE COST OF THE ABATEMENT OF P'.iBLIC N~'iS;C:CE, iN ACCORDS;CE WiTH CRLiN~:CE 91-47, WHER£AS, as prLvlded :n Cr~lnance 91-47, the dlrec[ costs cf abatement el certain n,&isances, :ncludln? prescrlbe~ administrative cost incurred by the Count'/, shall be assessed a~alnst s'a'~h Drcpe:t-/; and n~=~, the csst thereof to the County as to each parcel shall be calculated and reported to the Beard cf Count7 Co~r, iss~oners, together with a description cf saiJ parcei; and WHERE;-.£, szcr. ~s~ess-ent shall be a legal, vai:d anJ Linden9 cbi:gation upon the prcpert'.,' a~:r, st '~':.:ir, -acc ur. tl pa;d; an~ WHEEE;,S, the sszeusze:,: shall become due ar.S payable th:ri7 "]9; days after the mail:ns of Nc, rice ~f Assess-chi after '.'h::h interest sna[~ accrue at a rate ~f twelve percent per ann'ur ~:. an':' '~np~ portloL tt. cre~ . ::2>;, THERE?ZE£, 5E iT F. ES%L'.'E5 ~':' THE ?2ARS <;? TO:PiTY CCW<iSSiONERS OF COLLIER CblrNTY r.~_m;~.,.~, ir. at 5he [::~(:rt~,' ........ j~c~.:-~.-j as ~o!]o'ws, an~ ha'.'ln~ beeF. a~a~ '~_.~ C.~ a pu~l lc ns: sance NAME: Lloyd G Sheehan 2626 Tamiami Trl E ~7 Naples, FL 34112 LEGAL DESCRIPTION: COST $245.00 REFERENCE: 80514-028 ~6209408C003 Lot 16, Block 6, NAPLES M~dqoR ADDITION, according to the plat thereof, on file and recorded in the ~blic Records of Collier County, Florida. Page Book 3, Pages 67 and 68. c'wners c~f the au,~'..e :ies~:i~e'2 urstert',' and ~ f s%;:~, o'wner fa~]s t~ bay suuh assessment c[f:c:al reccrd~ cf Veil.ar Count)', tL c~nst~t'ate a ' :em a~a~nst surh proFert7 Th~s Resolution aCo~,ted after motion, seccn~ and ma]cr~t}' vote. ATTE£T: B'.;;.-~.:: CF C3',D~'TY COMMISSIONERS i']LLiEF CCT:i'iT, FLi.~iDA ~,~ARE;C'~,A P.. PEER'.'. CH. AiRt-IAD; NOV 1 0 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Connie Simon DATE: Marlo Pikul 5352 Treetops Dr Naples, FL 34113 REFERENCE 80622-009 #62201760006 'ZEN NU!<SEP: LEGAL DE£ZFi~TiLN: Lot 24, Block 4, A~brDED PLAT OF NAPLES P~34OR EXTENSION. according to the plat thereof, of record in Plat Book 3. Page 101, of the Public Records Of Collier County, Florida. Prohibited accumulation of non-protected mowable vegetation ~n exces~ of 18" in height ':=':'','%s~on other than Golden Gate Estates. "' .-nv :'L'-~'' ' '- ........ " ~ ...... NOV 1 0 1998 I 3 4 5 6 7 8 9 10 !I 12 13 15 16 17 18 19 2O 21 23 2,1 25 26 27 28 29 3O 31 32 33 3.5 36 37 38 39 40 42 43 4~ 45 46 48 49 $0 5~ 52 53 54 57 58 59 6O r.~., ..... ,.:, ~v THE ........ ~..~ LIEN, ~C'~ THE CCST OF THE ~ATEMEN7 OF ~UBLi2 ~CJiS~'~CE, WHEREAS, as ~rs'.'ided :x Ord:manc~. 91-47, the t:rect cssts -~ abatement of certain ............ ~ prescrlbe~ a~Tlnlstratl.:e cost incurred hy t'-~ C%unty. shall be assessed WHE}F.;...~. the c-st ~here%f to tr.e C'-un~.,. as :c each F. arcel shai be calculated anl cf Nat:i-. 3f ;,ssesx-.~;.t after '*':.,i.'. ;r;tere~ sba'' ~;:rru,} at a r:~ '' ~'welv,, percent N'>;. T}'{E.:;.EFiRE, EZ :- ::c-;.'..iL p..:. THE E%;O.Z iF ?{i?;Ty Ci.;",>ii!'£15:;ER:~i iF {'<Li.:E? ~" ....... Fi. iR:i;,. :xe: :i'.e ~r~er:l,. ~eszr::_,;-; ,~z: ;-' a;.i ....... :, LEGAL DESCRI____~PTION: cos___! Co:%nie Simon Lot 24, Block 4, $J~EN~ED PLAT $245 00 Marlo Pikul OF NAPLES ~%-~OR EXTENSION. ' 5352 Treetops Dr acccrding to the plat thereof, Naples, FL 34113 cf record in Plat Book 3. Page i01 of the Public Records of Collier County, Florida. REFERENCE: 80622-009 ~622~17~000~ 4 R'ltiCe of assess~,ent of i~en tc the o'Wner or C'~'r. ers cf the ahn',,e dfr, rrir, e:i F~rzF, e:7l,,' and it ~ ..... c',.r,~ falls tc pay su,.~ assessm ......... : 2iSV,{i£.Fii,:;F_? ~ 'lhLiF~ l i'_1: :':', APPROVES AS TO AI~D LEGAL SUFF:?iENT':': EA.RSAP.;, ~. BERRY, 62 COL::T': ATTi, R::Ey 63 64 CSze ii .. i'9:. NOV 1 0 1998 I EXE(TUTIVE,gliMMARY I,II..'N I/ES()I,U'I'IONS - C¢)I)E ENFORCISMENT CASI'; NO'S. 80224-019/Ralph & (;raciela TerD', 80226-05f}/.Iames R Coiosimo TR c/, ..Naples P, ealty SeN'ices Inc., 80302-052/h'an Magana, 811316-040/Rodnev Bushnell & 80323-16 !/Eslcban T:~m'avo O P,.I ECT I V i( Board to accept report and adopt separate [(csolutions assessing a lien againsl thc parcels idcnti',~cd in thc Rcsaluti{ms in {~rdcr t~ rcc(>vcr public I'unds cxpcnctcd to cfl~ct thc abatcmcm of a public nuisiulccs al thc:4c h~cali~ms, all as pnwidcd I'~r in ()rdinancc 91-47, thc Collier C<mnty Weed. I.itt~r and l'lant (j~mtrol ()rdinancc. CONSII)EI,bVI'I¢)N As required bv ¢)rdinancc 91-47. a legal notice of assessment and copy of thc Resolution will bc mailed t~ thc rc'ff)ccti,.'c pn~pcrty ~w,'ncrs, and thc ('lcrk to Ibc l~,oard will record the rcsolutim~ thirty days after mailing of'thc resolution. Case No. Owner of Record Case Summam' Lien Amount 80224-019 $ 245.00 80226-050 8(,30~-0>.. 80316-O4O 8032.3-161 Ct' P, alph & (iracicla Tcrr~ .lames I.~ Cah)simo 'l'l,t c,"o Naples Realty Services Inc. a. 'v'i{~lation determination 02/23/98 h. N(,~icc (~1 Violation scm'cd 03/I 6/98 c. Verification af unabated nuisance 03/17/98 d. Nuisance abated with public funds 04/03/98 c. ()wncr inv{ficcd tbr costs 04/16/98 a. 'v'iolatian determination 02/25/98 h. N%ticc ~l' Violation served (12/28/98 c. VcrilicatMn ol'unabatcd nuisance 03119/98 dm Nuisance ah,tied with public [tilids ()4/27/98 c. ()wnur inv~iccd flu' cnsts Ivan \lagana ;t. Vi(~lati,.u-, dc;crn,.inati~;n ' b. Notice {~1' Violation served [Jndclivcrablc c. Vcri/ication of u/mba)cd nuisance d. 5;uis:mcc abated with public funds 05/i c. ()w~cr inv,,iced lbr co:4ts 05/18/98 Rndr, cv lluxhucll a. Violalicm determination 03,'17/98 b. Notice of V iolmion served I lndclivcrablc c. \"critication {~l' t:naba~cd rmisancc d..N'uisuncc uht~tcd with punic l'unds c. ( )x~ncr inv(,i,:cd Ik~r costs l{stcbilrl 'J';llll;iVc~ u. Violati,m dctcrmin~tion b. Nolicc of Violation served c. Vcrii'ication of unabated nuisance cl. Nuisuncc abated with public l\mds 04/I 6/98 04122/98 ( 03/19./98 O3/27/98 04/I 6/'98 0,1/22/98 675.00 39(I. fir) .?-;5.~)() 245.0O FISCAL IMPACT A total reimbursement of S i,800.00 may bc anticipated by voluntatw action or foreclosure. Thc only cost to be incurred by the County is the cost of recording thc Lien. which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account ," 111-13891 I. (;ROWTH MANAGEMENT IMPACT Not applicable. RECOMMENI)ATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: 5kqody Bri~d~eman, C'usfim~er Sera'ice Representative Code Enforcement DATE' REVIEWED ,Julie Belan~er, Senior Custome~r Service C'°dd Enforcement REVIEWED BY: DATE: 51icbelle Ed~vard.g Arnold, Director Code Enforccmen~ DATE: APPROV,~ FIY: Vincent A. Cautero, AICP. Administrator CommuniD' l)ev. & Environmental Svcs. DATF,: CSce 8 - 6/91 NOV 1 0 1998 p~. BOAPJD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Ralph & Graclela Terr~ Main Road Small Pedro Grand Cayman Britlsh West Indie REFERENCE 80224-019 #62205680001 h:E:: ::':M~:- LEGAL DESC?i?Ti%:;: Lot 34, Block 7, NAPLES ~J~NOR EXTENSION, accord=ng to the Plat thereof, recorded in Plat Book 3, Page 101, of the Public Records of Collier County, F!orlda. Cc::.:.i:--..~. :,:- ,'i::."'.'~:::' ~:'.: :,' r, ':.': 02/24/98, ' : :,.: t:,:: a:.{~' ~.-:':-:'.' ' :' -~ ':~ :' .:::, :.'::?~:."~ e:-:~£' L:~.: ~ :. '::.: .:;: ". ~ : i ' :''; ~ : :.~:--'"' : :': : :t:,~:,:-- '.']- :-, z.:::'.'t:L :. r,f., ~'::. · ~.;?C?. '[:.:, : . :. : .... ' :' .L ;: Proh~b~t=_d accumulation of non-p=ot~ct~d ~owable v~getat~on ~n excess of 18" height ~n a subd~v'-s~-on c,t'ne[ than Golden Gate Estates. Weeds over 18". ......... ~ 45 00 ; S200 00 : ' '' ?';:; ....... - = . . . · ~ . ,i.': : ::' .:,l F' : :' .'.'. . o.' $ 245.00. , .::'.'. .... : . ;'. ,:-. _: '.:.. ? a::: ': ,:,'',.' ",:':'.: -, :..,r: · : ' .,:~ r CC.;:,'-';', ,: . : : . :::, ,". ~ .'- : . , :. : '~ : ~:~::.::' '.:.. ~:. :'.',:' ~.:: ?.'::' ',.' ' '. ':'o'; :..::'.,' :'c-:i :,%.:". .; :.- .' .:..: : :_.:'7::~ ': . .'*' ~.~: '1 Cf ~.': 2:.~': :'t2'.:' .:~:..-'F.;:I:t ' % F .:'.¥ '~ ~:',',~', ',,.':',': t:,:: ~_-.:.:~ ;:::. ', : i:. : ::. :: :- .:-. : .: :,?F: ~-':' t:',, ~:'.'.::.' '.' :: :-.: t.:.t~ . :'::.: :::.t-' ~'F,;.:£:~.i.J~:".:C.'] :z %:.:'.'< .-. ::l '.'.: . : ',-,:,:' : . :.. C, .. C2::e 9- :' ) 1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 2d 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,18 49 50 51 52 53 54 55 56 57 58 59 61 62 63 65 I A RESOLUTION OF THE BOARD OF COL'NTY COMMISSIONERS PR.LVi~i:;S FS, F ASSESSMENT OF LIEN, FOR THE COST OF THE AEATEME~;T OF PUBLIC ~!S~;CE, iN ACCORDanCE WiTH ORLi:;An:CE 91-47. WNE?.EAS. as prs'.':ir-d_ ir. Cri:nan-~_ 9~-47. , the direct costs .-,-~ abatement ~..-" certa;n r,u:sa:'.cez. :r. ci'xJ:r.{j p:esr::h--:i air,:r;iszrat:ve cost ;ncurret by the County, shall be asses~ed agalnst such WHEREAS, the wast thereof ts the County as to each parcel shall he calculated and rept:-t,:i t5 th< 5oarc sf .Tc'znty l'zmm~ss~oners, together w:th a description of sa~d parcel: and WHE.~E;:S. :vs-_'h ~:~.=essrerit shall be a fetal, valid anti bind:hq ckiigation upon the .r.r'./.er:y a~:r. 3'_ '..':'.~;:. "adc '.'r,t~] pa;d; ar,'J FLSFiLA, that t?- F:'LFe:t)' de~v:-::;,~u as 5'flows, sng ha'.':n7 ~:e~n aba:ed ~ a guti:c n'.::sance LEGAL DESCRIPTION: COST $245.00 Ralph & Graclela Terry V~in Road Small Pedro Grand Cayman Dr~t~sh West Indle Lot 34, 3lock 7, NAPLES MA/gOR EXTE~SION, according to the Plat thereof, recorded in Plat Book 3, Page 101, of the Public Records of Collier County, Florida. REFERENCE: ~0224-01~ ~62205680001 I law, unless O~,~ r. ATTES/: £WiG.:/i E 5F.%2'?', C:.i:':F ;'..PFR?,VEr, ;,.S -2 FC..qX LEGAL 3L'FF' i DAVID WE i,LSEL COU.~;':'Y CSce II 1/95 5ARBAP3, 8. P.£RF.Y, NOV 1 0 1998 Pc BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEC~kL NOTICE OF ASSESSMENT OF LIEN R~FER~NCE 80226-0'50 #38453161005 All of Tract 45, Unit 35, C~LDEN GATE ESTATES, as per plat thereof recorded in Plat Book 7, Page 85, Public Records of Collier County, Florida. DATE ................ : - . .V, ar, as~,-,_., d ....................... .... 02/26/98 :::,,: ':.,, Prohibited dumping, accumula~zon, storage or burial of l~tter, waste or abandoned property. Kitchen s~nk, 2 lawn chairs, camper shell, mattresses, auto shell, sinking canoe, bottles, paper, plastic, & etc, 675 00. :" ........... ~ .... ' ........ ' ........ - .-- " ~.F,: ~:A~ ] :LL:i .~-l' :: . : '... ;. ' .'" ~ : :,T t ' : ' :.t :' ',, ' 'J::','E ,':l '..7: :~7:'. S':ze?~ve-.' . ~,~ r':.:s~'~ ~'':.. , ....... &~.~ LTF, 2E~* : iT, Z.Z:~:: :l,,' CSce 9- 1/92 NOV 1 0 1998 James R Colosimo TR c/o Naples Realty Services Inc. 4099 Tamiami Trl N Naples, FL 34103 I 2 3 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 A ~ESCLUTi$:; CF THE BOARZ OF CO[2;TY COMMISSI©NERS FRS'.'iDiNG FOR ASSESSMENT OF L!EN~ FOR ~E COST OF THEABAiEXENT C,F PUBLIC ~IS;4~CE, iN ACCORD;d4CE WiTH 9RDiN;C;CE 91-47. WHEREAS, as .~rov.d~.~ in Ordinance 91-47, the direct ccsts of abatement cf certain nuisances, .--'..~ .... ~.res? be! ad-.in:strative cost incurred by the County, shall be assessed against .~'acn proper:;,.; and WHERE;d3, the cost thereof to the Ccunt7 as to each parrel shall be calculated and r~or~ to the 5~arj ~ - -. --- .~. _cur,%y C%-,m:sslOners, together wlth a descrlptlcn ct said parcel; and ...... %.~ses~;rer. t ar.a i be a legal, vai:d and b~nd~ng ob]i?~tion upon the ;;HE:~EAZ, the .asz':;~::;'er,'~ s?.a'' nec~me due and payable th;rt'., 12~5 days after the mailing cf No~c~ ~' Assq ' - ~'. si4rent after which interest shall accrue at a rate of ~welve percent {]2.~%) per ar:r;~7, '.r. a;,y ur,N,]:u p~r'.lsr. ',',,~rr.cf , NOW, THE7EFLRE, 5R :T .zESSi,'/ED L':' THE BCAKD OF CDb2;TY COMMISSIONERS OF COi,LiER COb];TY, FLORIDA tn:~ ~h': ~-r~[.erty dessr::.ed as . ,. and havlnu been abated of a pubi~,i nulsance ' ~' ' iOWS, al%er due anJ prc~er nt%~se 5hereof t9 the o~'ner cf sa~S Dro~erty, Is hereby assessed NAME: James R Colos~mo TR c/o Naples Realty Servzces Inc. 4099 Ta2r.~am~ Trl N Naples, FL 34103 REFERENCE: 80226-050 #38453161005 LEGAL DESCRIPTION: All of Tract 45, Unit 35, GOLDEN GATE ESTATES, as per plat thereof recorded · n Plat Book 7, Page 85~ Public Records of Collier County. Florida. COST $675.00 -.ne :i,,rk cf '~he Er. ard shall m~i a nct~ue cf assessment cf ilen to the c'wner er o"nezs cf the ah3'.'~. ~e:~cr~hed p:z~.e~%),, and ~f suct owner fails ~c pay such assessmen~ w:thin %[-,:.~t%.' '.2~ ;~)'c ;.e:',~cf ;, ~" .... ~'~ ; ,.9~ ~h~s Res:.lu~zr, shall be r'ecorde~ ......... . ~ cop7 ATTEST: Dh'iGHT E. BROCK, CLERK 62 [% :;_SA',' i D 63 COLC:i'Y ATT3RNEY 65 CSce 11 - EY E;-ABARA B. BERR'f CFJ~iR~'.'JC: NOV 1 0 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ivan Magana 229 Nansemond AJch Norfolk, VA 23503 REFERENCE 80302-052 LEGAL DATE: #36116200001 LIEN NU~' 'z=-'-u' CSce 9- NOV 0 998 Lot i0, Block 125, Unit 4, GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 110, of the Public Records of Collier County, Florida. Acc~ulatlon of prohlbited exotics on unlmproved land located withln 200' of lmproved, s'~dlvided property. 3-4 Brazillan Pepper Hedges. t 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 .n:. ,..:~,,.r..,t- ..... r ;"hh:" ::":CA.'i'_'E. i~; XZTH C.~' '' ...... '-iRER£A.S, as .~rz','liel it. :r':::.5:.le 11-4- ,,'ne i~rec% costs cf abazemenz cf certain nu~sar.~e&, [n'l'a~'~s preset;Lei ~rln:stra%i.,.~ cost ;ncurred ky the County, shal~ b,- assessed WHEFEAS, %ne uts% thereof 10 the County as to each ~arcel shall ke calculated and repcrtec 5c %he ~carl zf Cc';n%y lLrr':£sicners, together with a description o~ said parcel; and W}{EREAS. £'zzh assessrer, t ::hall he a le~a', valid anl b:nlln? obligation upon the prcper.,y a~ai:',s: 'which ~a-J,- ur, t:' p:~:d, ar, i WHEFEAF_, -.:',.. a?.~--rn--:,, nh.,'' r,,:c ,-,. -:~, .,re .r,d)',Jkl,: th:r:}' '~',. da,is a.'ter the ma:ling of Nctlce gf Assess~<:nt after w'hic.h ~nterest st, al' accrue at a rate cf twelve percent (12 .0% per annum or. ar.-/ ur,~a:d [,trt~or. ':erecf. NOW, 7'HEREPiF5, BE 17 FE£%L','EL BY THE BC;~2 CF CCN;TY COMMiSSiONERS OF COLLIER COUNTY FLORIDA, that %ne Frcperty iescr[ned as follows, ant hav~n? been abated of a public nuisance after ,~"~ an~ ~rz~er not:?: tner,:5~ to the c'~'ner -~ said property is hereby assessed the NAM~E: Ivan Ma gana 229 Nansemond Arch Norfolk, VA 23503 REFERENCE: 80302-052 #36116200001 LEGAL DESCRIPTION Lot 10, Block 125, Unit 4, C~GLDEN GATE, according to plat thereof recorded ~n Plat Book 5, Page 110, of the Public R~cord$ of Collier County, Florida. gOST $390.00 official res,afdc ia'w, unless st:ch alii'e-:Clan is stay,.~i by :his ~oard u[cn aDoea~ C~ ~he assessmen~ of .,ina O'wF.e r, ' ' ' DATED: ATTEST: DWiSNT E. k~'iC? , C:.ERF 57 58 APPROVED AS TO FOR>: 59 A2;3 LEGAL 6~k~;,v l D WEISEL - 63 COMITY ATTORNEY 65 CSce ii -- !/9~ E2AFZ DF COUrTlY CCM:diSS:C4;EFS CCi. LiEF CO%T;TY, FL'iR/LA 5AR:i;~i.A ~. EERF':', NOV 1 0 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LiEN Rodney Bushnell 164 N Walnut St Hinckley, IL 60520 DATE: REFERENCE 80316-040 '56791720909 LEGAL Lot I0, Block 50, MARCO BEACH UNIT TWO, a Subdivision, accorcking to the Plat thereof, recorded in Plat Book 6, Pages 25 thrcugh 31 of the Public Records of Colller County, Florida. ' Prohiblted accu=ulatlon cf non-protected mow~le vegetation zn excess of 18" in height ~n a subd=vzs=on other than Golden Gate Estates. Weeds over !8". cf $ 245 00. C~-ce 9- /?2 NOV 1 0 998 RESOLUTioN I;O. 99- A RESOLb"T:3,'; OF THE BO;~RD OF COUNTY COMMiSSiONERS PRCViDiNG FOR ASSESSMENT OF LIEN, FOR THE COST CF THE ABATEMENT OF PL~LIC N~JIS~NCE, IN ACCORDS:CE WITH C'RD/N~;CE 91-47. WHEREA.~, as pro'.'ide~ in Ord:nance 91-47, the direct costs cf abater, est of certain nuisances .-~:.,~.-- scr:bed ........... ~ pre · adr.'.inlstrative ccs% ln'u'~"~ bT :.ne ~ .... t.~,, shall be ass~ss~ against such propert}.; and WHEREAS, the cost thereof ts the Count7 as to each 5accel shall te calculatod and reported to th~ BzarJ ~f ~ur,'y - - Eom, missioners, together wlth a descrlpti©n of said parcel; and WHEREAS, suEh assessment shall be a legal, val;d prcperz,;,, a~alns[ '-'hick r. ade until paid; and of Notice ~ /..ssess~er, t after wi~ich interest shall accrue at a r,~te of t.,,~.~,.~ ~erren: , - . per annum on an'/ ur. pa:d ~crticr. :hereof. .... tlc 0%; NC,;,', THEgEF'OFE, EE '- RESg:,'.'EZ BY THE EO;~,2 2'F COU:;T':' '/O!<MiS£ii:;ERS OF COLLIER COL~;TY. FI,ORiLA, tr, a~ the ~:7[,q.r~T Jesc:-::ed an follows, a:::~ after due ar.j ~:'z~r :~s::ce ther~.-f -~ · ' - ~ .... c nu:sance - .... C'.'ner cf sa;~ ~ra~.e:'.)., is hereh?, assr.~se~ th~ 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N~ME: 30 ~OST 3] Rodney Bushnell Lot 10, Block 50, ~JLRCO BEACH UNIT $245.00 32 164 N Walnut St TWO, a Subdivision, according to 33 Hinckley, IL 60520 the Plat thereof 34 , recorded in 35 Plat Book 6, Pages 25 through31, 36 of the Public Records of Collier 37 County, Florida. 39 41 42 43 a5 46 ~7 48 ~9 50 51 52 53 54 55 56 57 58 59 ,, 61 62{C'-CAV:D WEiGEL 63~ CO~:Ty ATTORNEy 65 CSce ii - i/9~ ~.~FS__Re~___C_[: 80316-040 #56791720009 LEGAL p~SCRIPTION: official re'ccc'jo c~ 2'::11 - ' .... :.-3', tc ccnstit'.:~.e a lief. a~alnst ~._h property acccr~lr;c DAf ED: ., '.,' ATTEST: B,L'AR2 OF CC~;TY C'2'MMiSSiONERS -'-~ ..... FL.iRiDA APPRO','Ei AS AND EAREA.RA E. 5ERR':', NOV 0 1 1998 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~ENT OF LIEN Esteban Ta~:ayo 441 NW 40~r' Ct ~ami, FL 33126 DATE: REFERENCE 80323-161 857396240006 Lot 13, Block 258, PiARCO BEACH UNIT 6, a subdivision according to the Plat thereof, as recorded in Plat Book 6 at Pages 47 through 54, of the Public Records of Collaer County, Florida. .... ~: "~' ' :" :': [ C:' ',.' ."'...' f :,J: 2':': , q"'~': :"~':':: "' ::':'"' '' ': ' '. :' ' 7 . ......... :: : :: 03/23/98, C'>:L,~'L i:-.~ CF. ~.L'C- .::' ". ~ :-~.; : Prohibited accumulataon of non-protected mow~a~le vegetation an excess of 18" in height an a s~d~vlslon other than Golden Gate Estates. Weeds over 18". CSze T:.LF:-', EC.::F: C,5 C~":::':' NOV 1 0 1998 1 .5 A FES2L:~:ZN OF THE BOARD OF COb~.;Ty COMM.~SSiONERS 6 P~S,','iLiN9 FO~ ASSESSMENT OF LIEN, FOR THE 'COST OF 7 THE AEATE,'4EN7 C,F PUBLIC '"'/S~CE, IN 10 WHEREAS, as pro'.'::~,::~ tn Or'~;nanc,z 91-47, the '];reel Costs of abatement, cf c,']taln nu;sance5. 11 including prescribed aJm:nlstrativ,: ':'s, :ncurre~ t,7 tL- Count)', shall be assess. J against such ]2 prcpert}., and .. ]3 14 WHE~.EAS. the cc.s~ '?.erecf ~, th,: Count7 as tc each parcel shall be caiculate~ and reported 16 ,, against w~,-~ 20 WHEREAS, the assess-e:., sba'' ~ ...... , ...... ~ .... a:,~ [.a'z',~tle fY. lit}' ¢32~ days after the mailing 2~ Notice cf Assess-er.t &ftr:r '.'h;c:'. :r.',:r,.3' nm:,'' a':ur~e at ~ ra,.e cf twelve percent (i2,0%; 22 annum or, an7 Ur.b.]i.j ['.r' ::.r. '~"r .... 23 ...... 24 ~::,>;, 7F:EF/FSPk, EE :T FEF,',L','E:, 5':' THE hCAP: CF CD:,9;T'~' COMMiSSiONERS OF COLLIER COU?~TY, 2~ FLORIDA, that t::e T-r:-7, er:7 'Jes~r;r,,.rd a~ f~' lc'ws, and ha',':ng been abated of a pukl:c nuisance after 27 of suuh aLa[eren~. ''. '-.t -' ~-r':F.e:'tT, is he:eL7 assess,,~ the fol]owin~ costs 28 3] Esteban Tazayo Lot 13, Block 258, ~CO $245.00 32 441 ~ 40%~I Ct BEACH U~;IT ~ a subdlulslon 33 Mlaml , FL 33126 34 according to the Plat thereof, 3~ as recorded in Plat Book 6 3~ at Page~ 47 through 54, of 37 the P~llc Records cf Coiller 3~ County, Florlda. 40 80323-161 4] 42 43 The clef.: cf t::e 5pard sh6~' 7. a;l a r;f. rlce of a~:sessr, ent cf l~e7. tc the owner cr o'wners 4.5 /36~ da',,¢ h~-e~: a --~ ..... ' ..... ' - .... : .... eq .cc~)' :s~ tn:s ~,s~iutlc:: shall De reccrde~ it; tP, e of[icia~ records . o ..... ~ro~ert~' acccr~ip.,~ to law, U''] ess ~ .... 47 directlc:, is sta .%.j 27 t :is 5csrd ~:~,u7, aFpeal of the assussment of the cwnez . 49 " ..... '" ::7 50 5J 53 C'2. LL/ES, Cfl~CT':', FL, C. gii)A 54 55 56 r' :' 57 E.AF~ARA ~. EERR';', 58 AFPRC'.'F2 A2 TS 61 ~ 7. 62~ .~a'.':2 XEiSE' -- 63~ C0~%7 Y EXECUTIVE SIIMMARY APPROVE WORK ORDER CDb, I-FT-98- 1 2 FOR RELATED ENGINEERING AND ORGANIZATIONAL SERVICES REI,ATED 'FO OPTIMIZATION OF OPERATION AND MAINTENANCE PRACTICES AT Tile N()RTI! ANI) sell'I'll (:()lINTY REGIONAl, WASTEWATER TREATMENT PLANTS. OB.JECTIVE: That the Board of County Conlnlissioners as Ex-Officio the Governing Board o1' thc Collier County Water-Sewer l)istrict initiate Optimization Services for the North and South County Regional Wastewater Treatment Plants by approvin~ professional engineering services to Camp. Dresser & McKcc. Inc, (CDM) CONSIDEI'tATIONS: In order to achieve highly elTicient plant operations For both the North and the South Regional Wastcwater Treatment Plants, two things need to be done First, an analysis and assessment of the existing operation, l~nances and staflqng, needs to be conducted Second. the action plan identified in the analysis and assessment phase needs to be implemented This work order will be for analysis and assessment phase, only The cost of doing this pr(~posed work order is S85,100 This work ,.,,'itl be authorized as \Vork Order ~;C[)M-FT-O~-I2 with Camp. Dresser and McKee Inc · Tile office of the County Attorney has approved subject work order as to form and leual sul'f~ciencv StaFf has revie~ved ~he seep and "~ · - c ,~e propr3sal, by the firm and finds them to be comtner~surate with the expected lcvc. I of ctTorl FISCAl, IMf'ACT: F '' , ' · ..... un,.~nL. for ~his ',',ork order ;s in FL:nd 408 (~ountv Water/Sewer operating, ('oS~ Center 2 l Ol ~( %'astcw;Itcr Operations ,&dminislration and Object Code 6;'999 , . -', (),her ('ontractual 5;er','~ccs in thc amount of S85,100 (;R()Vv'Tll 51AN.,\(';ESIf,:NT I,~lt)ACT: RI'iCO31,~IENI)ATlI)N: StaFf rccommcr:cts that thc Board of Cot~nt,. Conlrn/ssioncrs, as tix-Of/X, cio Governing Board of the (Jollier (7()t~nly Water- Sev,'er District. approvc Work Order ::CI)NI-FT-08- I 2 For $85, I00 and authorize tile F'Vv'F.D Director t() execute \V'ork Order CI)M-FT-98-12 Executive Summary Work Order CDM-FT-98-I2 Page 2 SUBMITTED REVIEWED BY: ......... DATE' /~/Z//~o ., Senior Project Manager Public Works Engineering Department Rich tfellriegel, P.E., Interir~ Director Public Works Engineering Department REVIEWED BY: Tim Clemons,'Director Wastewater Department APPROVED B ~~.z...r= .d llschner, Administrator Public Works Division Attachment: CDM Professional Services Proposal Copy, of' Work Order #WMBP-FT-98-15 F ,'q S L .M J DATE' ..................... ' ;is~.i~n ~ ';m '[nsk 2 '! ask 4 'I ask 5 'F() I'A[. ['tl!~]l* "t"ll r ~" I' Ti$'ItlP''*; ilia' ...................................................... CDNI "') '3 U ~ c)3 ') o Febma~ 12, lqqR M'r. Tim Clemons Wastewater I )irec. lc~r Collier County tJtilitic~ Divi~it)n 3301 E Tamiami Trail, Building Il Naple. s, Florida 33962 Propusul £or Professional Engineering Services Noith and South County Regional ~V~"'I'P's Optimization Services - Phase 1 Fixed Term .qc~'iccs ('.onlracl ~'~ ')5-2,122 Dear ,'".'Ir Clcmons g'. 0 I VVe are plea~ed tc~ suhmiI lhi,< revised pr~p~sal in rc:,p(msc to c~u~ muctit~g cm January 23, 1998. W'c I~avc.~uvisc. d lhu proposed scope and cost oFse~'ices to include opthnizntion smviccs for both the No~th and South County Regional W%"I'P's A~you can see, there will be substantial savings in man-hotirs and cnq hy study C'[)N~ is prepared lo provide lhe fBIIowing xcrvicc~ related It~ optimjzalicm o1' S('_O~;_Q F S E R V I ('E The Scrape of Scr,.'i(:c,~ fl)r Il:i: x,V[:,jL ..\atho;izatit_;n includes prol'es~ic, nal engineering and o~ganizuti(ma] sc'trices ~cla!c'd ~o optimization ofopera~ion and m,~in~enance pra~:ticc,~ at thc N'orih and St.,otb (-'ou:~ty R.eg ,:,hal \t.'asle,.v,:~ter '1 r('a!n',tr~l I'tant,; best balance between cos[-cfl~',:(iv,, op,.'/ationq .nnd ,,, stained hi2I,-{lualilv xcrk icu ll~ ils reqt irnmore derailed invc~f~gatirm thc: ,,,ilial c>.amin~tiun will ;~)cus on two criteria' cosl uxumincd in fuitllcr d,.'lail Si~nilar y, it:~ l~tlc ion c,~t~ hcc, peraicd r, ll,rc cflhcicntly, but is also a reialively small COSt. Ihen there ~q lirlle rcil~rl I(~ t:.".lllllJrlC il close y, s~n,ze significan:ly improving perlbrmance ~iH nr~r m:~rc~iaflv changg thu' ' ' ' . utt ~t/ s overall cost slntcture ihiq I .... j CDM ?¥1r Tim (~lemonx, NN'u~luwut~..~ DiJ¢,:tcu February 12, 109g Page 2 The project will be completed inlwo phase~ Phase I will involven co~pe~i~iveanalvsis ~nd assessment where current opera,ins data will be compared ~o known highly-eflSeient operaling standards Additionully, ~l~n0edsnssessment will he pcrft~rmed und potemial harriers tn high produgtivitynchievement will bee~ahlished Probleln areas identified will he rcvicwt:d with management and staff] and rec¢~mrncnd~,tiuns for improvement developed h is impo~ant that a comn~on level ofunderstanding and supporl at all levels be reached al this point Phase I will result in an Aclii~r~ Plnn which will be ~he ha~s l~r procucdi~ with tlsc i'haxc II implcmuntatic>n. Phase Il will be thc: implementation stage Whole thc various needs identified in the first phase will he implemented and thui! results meUSuled 'l"hegoal at this point i,~ t~ ~chic.vc highly efficient plant (;pcrnti¢ms PHASE I: CO,'~]PETI'FIVE ANAL~r'SI$ A,NI) A.N.~qIC.N.qNIENT This task will i;~clude a review of current operating and finarlcii~l dart, t~,~ L, oth plants Available budget and actual e'<pendltures will hc p~ovitlcd by the County Plant pedbrmance and budget expenctil~res %viii he c~n~lidalcd irllc fu~cliot~al grouping:% (st~ch as liquid ~trearn ~reatment, xludgu lrc~lmcnl ~nd d sl>osa) etlltment dispr~sal) ~n prr~vi(le a t~ixl~ric~l bnsulir)c For hunchma~king activities. Oenerally. the lbcuses ~ill include t:~)s{-k.~'gc[ vc~lgs~ e~ciency, ~nd custome~/emplos, ee satistttclion '1 he c~trcnt ~rg~u zittiu~ stzuctu,e will be examined by Function to better understand the work [>r~ct's5 Tbs C'ountv will assign administrative staff to collect lhe ava~lah?e data f~,r ruvic~ I~'~ CDNi This ta~k will ind~:du a dt:~dl~'d rc~iev., el'Ibc spec~tic ~em~ ~dcnlilScd in Tonka I ar, d 2 ns r~rf~h~crnalic. (TDN] ~ill n~tal>'ze Jive (5) ~bcu~ area~fc.~rnpc, thivc utiliD, operations and practices, as well a~ accepted in(lt~sl~5, hiitrH.JF~ld~: The tbcm~s ;~rcas are woekJoitd tlex~bility, tYinge tn lahc~ r;~i~. I~,t~,~ tt~ budge~ talio, salaries. .f,~l,Z.QZl, l~ablc~, including over time usage, energy managc',;ncr~t, chemical management. solids handling, maintenance exper, scs anti pr~curcmut~t eiTicicncy delivery altcrn~t vt:,, und fluv,'/]oadings · iX,'Ictnilg¢lTlr.~t 5y~IClT~.,s. :nch~dmg accrual/ta~g~.t uc~cuunting, perfbrmance incentives. health and ~afety, IraininL~' ot~l~tHci;~, computerized maintenance management gy'~tem~ (k~{g), prt:dictivc tmdntcu:mce, process control. NC)Ps. and OA/OC P~Ll~fmaqC¢, including Inst time,'w~rker~ c¢~mpcn~ati(m, N~O}~ preterites, cross trainin~flex wc~rk, graf[ cort~mi~nl(:alion. ~:llpUwk'l merit, accountability PN1 to L'.NI ratin, permit c¢mff~liancu, and p(dcntial i~npacts of'J~;tt~re reg~lntnry cfiange~ ~zX~_'i -_ ~Ek'ILI.OP PRIVAT[:. APpRr.)AC'I I · For a 5,-year c~'mtract ot.~crati<m (~fb~,lh phmts ~.vitll the Cot~nty .Narrative and data will dclinealc sl;4flq/l~ tuq~ilutl~utlls. ~'.Ht:,umab]¢ usa.~;,?, and inch~de an explanati(m o£pri,,,~lc .~uct(H tna. r'~ngctncr~t ~)'~Lc ns Trtsk .1 data ~.,.iH be then ,;~ed ('/tlr;ns,. fh~.: c()Jlal)oralion process in Task 5 as a comparative trim[ t'~r L',,3irlln&,. cnmi-.ct,tivt.rw,, xsil}l tile private sector 3Lt3 N__K__ b - COl .I ,./Xt30_I_'LA]'.j_Q,~,\Lt.~I-; T [T40$,"P, ,\P, RI I: R I I}l :,N l..l: C:ATION \Vo~king with count>, sr;~'lt'. CI)%1 *hn[I a~<~<t in :dct:lil'vJt:R tJlk' i~tc~nal and e~ternM barriers that currently prevent them fl~m~ t~c;n.~,~ ~,n:p~tivu an~ eHic~ent asdesired Then. CI)M and rev:ev., tke ~,~::r!v li,:~hnt,., ;~n,.t ,\cli~,:~ P~a ~ ' 1' A .':; K-6-:. ~_ U,\_~ ,.', ! AJ3JZ ~ .~.~__& U I),_,L,E,.E .S 1 ;.,N' T proceed ,,,.ith t'ha~e ti - ltnj)!u;,l~,:r,.lltli~ql t 1 I'IIASt; II - IYI'PLE.~IENTATION OF A('TION I'I,A.N !,'O1~ OPTi~IIZATION (The following generic taxk', maS. be included in a ['uture work atsthorizatinn fl~r CI)M to a,gsist thc C~mntv Sl)uuific task par'amete~s will be delermined fr~n~ thc results uf thc Phase work) ZASK ] - PI ,,%%X_OI/I.;B A'JSLQ. N5 This task '.viii in','ulvc thc implementation of'the process nnd npcrati~mal cf'ranges identified as producing improvement~ in cos! ett'ec~ivc perfc, rmancc in Phasu '[ ft)~ bath facilities I 6 5.K_2_ :JZIZB,5,O NNEL T}li:~ task ,.viii involve v.'orking with various compnnenr, off thc f~rgardzalitm ID diz/,.'~.Js:~ long- term goals and c, pportunities l'~'~r c'hanL~in..., thc c,;rtur~t ',iluatiul~ tu achieve a highly productive wnrk force lhat ccfllecfivelv takcx {*v.r~cr.-.}dp and rt':,p~nmibility f'nr performance res~lt~: Z,.~K 3 ~"]'~CI:J.i",_'_OLD~_"LZaEA_(' I I ,I'TY M'QDI I.' ¢ 'A !3_(2.N=5 This task will involve facilities pi,arming arm engineering du~ign ustimates to define capital costs and pa'yhack nf facility rnndificali(m, identified in Phase I as beneficial in achieving crw~pctilivc tJlili~x t~pcrati(mx av,'ar,_' ~,:',s rtl'th- cuu.'.c and eJt'cct reMtionshiF, s of',ariouq key plant aclivitic:, h will also invtd,..c it/p cnlcnting the necessarb, imprr;',,.'en'~enl~, in Th,.; hcahh ami >mfcly programs lo reduce accidents and v,','rkp ace risl.:~ In cmph~vc~:.. 'l'}:i:.~ taM.: will inv.:dye brainstorming ant collM~oralmn ~cssi~ms v,'ilh kt:v indiv)duals thEoughout the utility and other appropriate Ccmntv Dcpa[t~ncnts where identified '[ l.-u, task in,/td,.c., rc,,lalin~ tim' mission slatement and ali,k,.mr~.t:, the (~ruaniz}~ti¢m Il} t~chicvc its Mr. Tim Clemons, Wa~tewater l-;irer, lor February 12. 100~ Page 5 IA S K 7 -~_U.r,4 M A i.klZl: This task involves su,nmarizing and docurnenling the irnprovurnunt:~ accomplished toward hig}'dyettScient ulility operations The report will also address the Iemnining fi. narc improvements 1o be compl¢led ~m achieve maximum productivity. The findingt will be presented to the Public V,,'orks Administrator and ethel oW~cials as required C.D_SX_O_E_fiF.2,._YI C E S The .qerviccs, described in Phase l, Tasks ] thlough 6, will be. provided on a h]rnp ,~um basis A bleakdown of thc csthnatcd cost of services is inch~ded in Attachment I .,5(:11 g D LIj..d,.~ '1 he services dc~,c~ibud in l)ha,,u [ ',viii bu ,.,,ll~pl,:ted v.'ithin nine [)r(~cc:cd If'you have any q~csfic, ns. nr reqi~irc additi(w}al infollm~tio~h (lo nc)l hesitalo tc, conlact me. Very truly ?,'{~ur:q. CANI'P [ RESolzR &' Nlc¼1.,I'. IN( -/' ( 1/// · .. _. f ~ -~."') ..-__ . R. ic}latd D. N1~o~u, 'Vice P~csident /\llachmcnl M'f. Ed llschner. Public ",Vorks A(Im[ni,.;rnror Jin: I-lagerly. (.'1):,1 l)avc Phillips, ~te,.'e Kellogg. CI)\I lO:C,'.:, bJ~.TEbt,-~TE~. ~--,Dlq ]~ ?,.I i T .-Z Z' :. ¥, .:., ;- ,M~. Tim Clcmons, XVastewnler Director Febma~, 12, lOON Page 6 A'I-FACIlN1ENT 1 COST (.)F SI-:RVI¢;I-:S 1 2 3 4 4 5. l'rc~cnt |"mdmgs/}-nlat Report ........................ I tJcnchmarkmg Develop f'r~,,'atc Approach Collabc>ratmn Mcctmgs/Ba. rr~,:r I 1). COLLIER COUNTY N()I*,'I'I I AND SOIJTit RI:.(.;IONAi. 'WANTI;,'WA'TER 'rP.~ATMENT PI.ANTS C)I'TIMI/ATIC)N gERX'ICES - PHASE 1 I AN},[ '--t ESTIM/CI ED I.AROR }{OURS T¢ch ()rgam,,atmnal Evalualmf~ 17~ U. mploycc Intervmx~s/Nccds Assessment I 26C} COST l 8,500 2,1.2()(1 15f~ 14 ,~00 1 NO I O,gr~O 0£} R,O00 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. OB,IECTIVE: To provide the Board with thc City of Naples request for a road inlpact t~e credit in the amount of $2,802.74 and to obtain Board approval for same. CONSIDERATIONS: Thc former Chamber of Cornmcrcc building located on U. S. 41 just south of thc Coastland Mall has been vacant for many years. The City has requested that tile owner, Flcischmann Enterprises, Inc., remove the building as it has become an eyesore. Thc owners are agreeable; however, there is no plan to immediately erect a new structure on thc site. Normally, il* a new building were to be erected immediately after razing thc old one, any available road impact fee credit would be applicable to the ne,,,,' building penn,it. In this case, tim owners, with thc consent of' tile City' of Naples, have requested that any road impact fee credil be made available to them fo/ their use at t"is location alt a later (late or in some other location that thc,,' own. /\ttachn~ents Nos. I through 4 pr(:vide a chrono ogy of this request, including thc mcthodolo~y used by the Transportation Sca'ices Department in calculaling Ifc applicable road impact credit. Section 3.02 of Ordinance 92-22, as amended, thc Road In:pact Fcc Ordinance, provides for calculation of road impact f~es For changes in tree rH'propcrtic:s. S)aff has ~ ' and finds it consistent with rfc intent of thc Ordinance. FISCAl.. IMP,,\CT: Approval of' this r'cqucsl will result in a road impact t~ce credit amoul'l[ ofTM ..,,,8 )_.74. In addition, stal)'~.~ of` t}~c opinion Hint thc L'ranting of this rcquesl wil! rlot adversely impact the cash flow or liquidity of'thc }{oad Irnpacl £c?¥rxtst Fund (Fund .*.34). GROWTIt ~IANAGEMENT IMPACT: None ^o [,~ . ] I'~0. ~ N 0 V ~ 0 ~98 Executive Summary Approve a Road Impact Fee Credit Page 2 of 2 RECOMMENDATION. 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. SUBMITTED BY' Edwar~(~TK~~ APPROVED B ¥'~ ~ .. DATE:./,~ -J'~ - 5',(-' ~ervices Director Works Administrator Attachments: No. 1 - March 26, 1998, letter from Joan F. Tobin to Dr. Richard L. \Voodruff No. 2 - April 24. 1998, letter fi'om Transportation Dept. to Dr. Richard L. Woodruff No. 3 - Max' 7. 1998. lener from Transportatmn Dept. to Dr. Riclaard L. Woodruff No...:I -- Sept I. 1998. letter from Dr. }';,/chard L. Woodn]ff m Transportauon Dept. NEA PO LIT.~N ENTERPRISES 255 I'HIRTEF~N'TH .~. V'ENI;E SOUTH SUITE 20'2. N?d~LES, FL $4102 P HO N~E' 941-261-8936 FAX 941-261.2964 Dr Ri:h~r$ L Nco! .... ~ :i' :.f Naples ?35 ii,Nih SUree~ South - :" RE: US 4!/Fie~s:hmar.:. Boulevard 9.6 Acre Property .............. ~ ...... , ~-,~ ee zf frsy. l&-~ c,:', '~'~ 41 We u-,X= ..... ~ -'.- ' reEurn for our ..... ~, th~ c~y of Naz~ ~,'~uTM ~ovi~ .... . ......... us with impac~ fee trellis is ccmmensa~e, u~ f~r de,msiishinc. _ '~= .... building. ~',e w: heel !hese imuact fee cred: o~her pr.sper~ies ~h~l we m~'y own (ibis / AllACHMENT NO. PAGE .... .~ -._an5 n vlew of the green space preservation movement that ,r. ay r~qui~ th~ impact ~ ~ ...... ~e_ credits to be used i.n c.~ ........ on ~r~ t~ d~"eloDment or o~' ~ ..... . n_~ proper~y) . - .. -- r_~ ~s~,~= ~rovided that ~ level cf 'ransferrab!e immact fee credi5s is acceptable, we are ~ a p.csiEicn to move relatively rapidly in demolishing the bu!ifilnu. 'Jery truly yours, J3an F. Tohin Es'ale of Lore[te Fleischmann ATTACHMENT NO. [PAGE a COI.IJ_ER COUNTY GOVERNMENT 'IT, ANSPORTATI ON DEPARTMENT April 24, 1998 3301 E. T.&MiAMI T~'ML NAPLES, FL 3411.2 (94 1) 774-8494 FAX (94l) 774-5375 A CER.'77FI£D BLUE CH~P [)r. Richard L. Wuodmff City Manager City of Naples 735 Eighth Stree~ South Naples. FL 3-:i,32 RE: Ro~ iraTe:c: Fee Credits for US 41 .'Fieischmann Boulevard 9.6 Acre Prope.'-r:' Foe-re:er C:';amber of Commerce Headquarters Building Dear Dr. \Voodr'u:':': We have .'ec:::ved acc, py of.Ms..loan F. l'ob:n's .Marc5 26. 1 c,~95, let:er to xou reques'~ing a deter-mrna:ion of road ~mpa:: ;'ees :or the sub:cee properz,'. \Ve will 50 plvast.'d :o re;'icw thc ~."~fc:;maiion Dr'esented w, that lee'tee ,-.nd arc'ride a caicula:;en to you: however, undt-r thc o:&:,ance requ:remenis, only :he 'P, card of County Co:nm:ssloners ,may make the final determination as to v, inether an ,mpact fee credit would be ax'aiiaNe fo'r use to .':ranzfcr to other prope,'-ties within an impact lee d:smct. an .... ,,a,. that ;'.'e should be able to get 'the mfl?,,-rnat:on to.vou ,,ye.Em ,,h.~ next ,~o~b....... If there arc any questions or :f you set;: additional info~auon, please do not hesnatt 1o contact me al 77A-SA94. Transpon2ti~Sen,"~ces Director ~/rnkI. tr 'A'oodr~ff US 4i ~, Fee Cred:t CC: Robert F. Fernandez, Count',, Administrator Ed Iischner, Public Works .Administrator File IAITACHMENI NO. PAGE / OF COLLIER COUNTY GOVERiN NT TRANSPORTATION D E PART.",I ENT ,2301 E. TAMIAMI TRAII. NAPLES, FL 3--111'2 /9411 774-8494 FAX (941) 774-537,5 .",Ia',' 7, 199S Dr. Richard L. \Voodruff Git,,' .Manaeer City of Naples 735 Eithth street South Naples. FL 3.].I0_.' Road [mpa.st fee Credit for Fieischmann Pro:er;v Fo,'Tner Chamber oi-Commerce Build/n~ .- US 41 Dear fir. \Voodruff: ]euer is a 2)]1o',,.' :~p re, our prior co;-res:>ondcnce same subject Tou had received a for road impa,:I fz..' credit for '}'c. . existing r, uildlnt, j on thc site from .',.Is. Joan F. Section ..... '~ ()* of Ord;nan:c '~"_-_'" ...." .2:-; a:uendcd :he Collier Cc)untv Transpor'tation Impact Fee Ordinance, sets forth thc i;aramet~..,'s for detent:thin2 road /m?ztc[ fees f'or usc..-\nv chan,_,c ~n us,_' which i;lcre'ases tho net external trips on the roadway subi,ccr ~o additiona! road impact fe',.'s. Convcrseiv. a road impact fee credit may be available ifa chan~e in use ?rovidcs for diminished trafiSc ~eneration. E.x~stin~ uses as cf the enactment of' the ©rdinance are considert'd "Lzrandfathered". That is. there is no "" '~ ' the Ordi to m...ham_m m nanc.':' collect road impact l'ecs from uses lhat existed at th'.: time il iS OUr r.4 ,- -~-~',,,~ ' u.~..er.~ta;],, ,,, ti:at the subl.':ct buildin_ i:us bt:ch in.; -~ _ ~' D~a since l OOO, v,'ellbefore the enactment of the Ordinance. Al[houTh we 1;ax's no know.~dge oFwhat its original usc was, it was Cot many years 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 <50,000 SF (Cate?u' 27 in the Ordinance). On this basis a potential credit ofS2,802.74 (1.597 SF SI,755'1000 SF) may be available. Ifa new retail building of the same size were to be erected on the site. there would be no additional road impact fee due. If, however, a tarucr retail building or some other use were to be proposed, additional road impact fees would be required. These addi:ionni fees could be offset somewhat by any available credit. -1 ATTACHMENT NO. PAGE / OF 2_ 1 1998 Dr. Richa,~d L. \Voodruff ,May 7, 199S Pa~,e '~ Ms. Tobin has requested that an), credit be pemlitted to be transferable ~o other properties under the ownership of the estate. Such d"e~drmination is not within the scope of stafFs authorirv and must be made by the Board of County Commissioners. If'desired, we ',','ill prapm,-e the appropriate Executive Summary for presentation of'Ms. Tobin's request to the Board. P]ease advise as to ho,.,,' you wish to proceed. Ifthere are any questions or if you seek additional information, please contact me at 774- 8494. ' \"e,'3.' truly )'ours,~ · rans?onafioh Services Director Robtrt F. Fernandez. C. ountv Administrator Ed i1~~'~,- ,-. ,.,.a.:,.r, Public Works .'~,dminis~rator Ff?c Fieischmarm ATTACHMENT NO. PAGE z OF 75 e:o _3 ?I! 2:17 September 1, 1998 Nh'. Edv,'ard Kant Tran£portatic)n Sera'ices Director Collier County Government 3301 East Tamiami Trail Naples, FL 34112 OFFICE OF THE CITY MANAGER ,*:. ~'.; £ F: Request for Road Impact Fee Credit - Former Chamber of Commerce Building Dear ?',ir. Kant: Over the past several months you and i have discussed the possibility of having the Board of' County Commissioners credit tile road impact fee for the former Chamber of' Commerce building at the cornero£Fleischmaan Boulevv. rd and U. S. 41. The City of Naples has been working with the FJeischmann estate to secure permission to have this propert'y tom ~ · ~o,,vn, therebv eliminating this negative appearance :n our community. As you w/Il see fi'om the a,'-tached /etter, Neapolitan Enterprises has agreed to procee~ with the demolition o£this structure provided that they may receive impact fee credits whh those credits being trans£erable to other properties in their ov,'nership. This is to offScially request that you place this matter on the next available County Commission agenda, asking them to authorize thSs transferability. At this time we cannot identiS:, the specific parcel far transferability purposes but wouid rather' ask that it he left to any parcel in the ownership or' Neapolitan Enterprises on a dollar per dollar basis. Should you need l'~urthcr in£ormation on this request, please advise. Sincerely, Dr. Richard L. Woodruff City Manager Attachments Xc: Gil Sherburne, Zoning Enforcement Inspect,o,r PAGE _ OF FACSIMILE (~41} 434-4620 T£LEPHOtlE (~45} 434.4r~I0 SL]/ICOM 974-4610 735 EIGHTH STREET, SOUTH · NAPLES, FLORIDA 34102.6796 NOV 1 0 1998 EXECUTIVE S UMIVlAR APPROVE BID #98-2872 AND BID #98-2873 FOR THE PURCHASE OF THREE CREW CAB FLATBED DUMP TRUCKS AND THREE, FIVE CUBIC YARD DUMP TRUCKS IN THE AMOUNT OF $243,198.00. ~)_i}.~: To award equipment purchases in accordance with Bid #98-2872 and Bid #98-2873 to Wallace International Trucks, Inc. for three (3) crew cab flatbed dump trucks and three (3), five (5) cubic yard dump trucks in the net amount of $243,198.00 CON~..D_E,.t~M~_O_X,5.: Invitations to bid were sent out on September 18, 1998, and opened by the County Purchasing Department on October 14, 1998. These budgeted equipment replacements are necessary for efficient transportation of work crews to maintain, repair and construct County roads. Bids were received by Wallace International Trucks, Inc., in thc Iota/ amount of $243,198.00 and Hunt Truck Sales in the amount of S292,500.00. Staff has reviev,'cd these bids and recommends approval of the bid submitted by Wallace International Trucks, Inc. as being the lowest bid proposal meeting or exceeding bid specifications. [.LSCAI__. ~J_h!_P_zUC__I: One, five (5) cubic yard dump truck is being purch~ed by the Stormwater Management Department. and thc remainder arc fc)r the Road and Bridge Section as noted be/ow: Road and Bridge Fund i01-I63628.7641 l0 5205.420.00 Slr, rmwatc: Cap/Iai Fu?~d 325-t 72930-7641 ] 0 5243,198.00 CT: None [:~LCDY~L_.XlI2b.'IL,'~TIO,',;: That thc Board award Bid #98-2872 and Bid #98-2873 to the Iow bidder, Wallace International Truck, Inc. for thc purchase c,f three, five ct~bic vard dtlmo trucks and three crc,.,,' cab ,qalbed dump ,a cks. SUrBMITTED B'f: I,arry: Henry'. Road and Bridge Superintendent REVIEWED ~. ~ .,,, ' . · , , Stephen Y. Camcll, Purchasing [~rector REVIEWED BY ~ , ~ '/~ ?/' Edward J. K2nt,~T/fan_-h~ortation Services Director REVIEWED Ed Ilschner, Public Works Administrator I)ATE: 10/28./98 DATE: /C',2f- DATE: A~tachrnen~ ~3~d Tabula:mn NOV 1 U l~S~ PG. ~ ~IVE SUMMARY APPROVE A DEVELOPER CONTP, IBUTI©N AGREEMENT WITH ©CEAN BOULEVARD PARTNERSHIP AND OCEAN BOLILFA/ARD I)ARTNERSHIP ( )I.\ELOfER ) FOR TIlE CONTRIBUTION OF LAND TO THE I:I,OR1DA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR RIGftT-OF'-WAY NECESSITATED BY THE WIDENING OF U.S. HIGHWAY 41. ~~E~E~: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Developer fbr fl~e contributim~ of land lo FDOT h'~r right-of-way necessitated by the widening of U.S. tlighway 41 in exchange for road impact fee credits. COS~R,,XjIiON8: Ordinance No. 92-22, as amended, Section 3/)6 provides lbr ~l~e establishment of a "development conlribution credil" against road impact fees imposed under Section 2.01, in rctum Ibrcerlaindonationsofrequiredlands. Underlheprovisionsof~heabove_rel~renced Ordinance, when fl~e Transportation Director approves the dedication of said land as being necessary for the construction of'(.'ollJor County "transportation network" improvemmqts, tho I)ireclor may ask tJm Beard of ('aunty ('ommissiancrs to approve a Developer ('cmtr/bution Agreement which will establish a credit u.t3aJnst impact fees othe~vi~o payable fbr the ch:velopn~ent of lbo parcnl narcol from which ff, c dedication came. (7oilier Co:mtv and Fr.)OT arc dcsiraus oFrna/.:inu imr~rovcmcnts t,.: (..'.5. liigim'ay 41 l'J'an~iami I'rai! Norfl;), from [he vi,tinily ,'~FihllF Park Drive north to'Oki [J.S. al ,(' ~, 887). Thc improvements ;irc include thc F, ro,,.is~on of a Rigi~t-olkWav Easement area necessitated hv thc xvidcr~insz ~,f ti.5. f'/ighway 41 on a .3N5::: acre portmn of land owned by tho Developer (hcrcinaf!cr referred m us Ibc "Contribution"). 'l'hc L)cvcloper shall dccd lbo hind contril~ution Io FDOT upon r~'ct~i¢lin,~z nl'~l~c Dcvciopcr('c, ntrJi~ul~ru~Agrccmc, n~i:~fimPublicleccords.:~f(%llicrCounty Florida. C',.ml)tv Road lmp;n:t l"::c Ordinance No. 9~ '~" I - ,--..:.~.. as amended, rcqt:ircs thc va/uo c,F fi~c Contriix~lion bo bused u[)on an a[qm~isa} o1' nlarkct value of ibc (:ontribution. Collier COUIIIV ;~t~J t}/C I)cvciopcr hitvc cat sod the market value t~f thc C'ontributiorl to he appraised. Bot}~ pames acknowledge ami accept thai ~l~c value of Iho Oonlribution is Ninety-'Fhree Thousand (593,000) Dollars. as derived fi'om ;m analx's~s oF ccmq~arabic s.:llcs of'similar properties, between unrelated panics in a I>aruainin~z Thc l)c','clopcr Js als{~ requesting FCnnission to assign thc I 'npact Fcc Crcdils to ;tn;' of its stlcccssors or assigns, lbr any land cievclopment project located w/thin Road Impact Fcc [Sistrict ()nc. Thc opinion el'thc County Attomcv's Office is to limit the assignability el'the Impact Fcc Credits. ?lS(':..Xi, IM~J~P ACT: Thc appraised value of ibc Developer's ('ontribution is $I.', LO()(I arm crcdils Io -,f the Dc,.,clot.mr shall he issued against Road Impact Fcc Distric! One Fund 331-16365f). AGENDA I]'£M., NOV 1 O 1998 PG.__ / Said credits are not anticipated to adversely a££cct tile cash f'low or liquidity of the Funds in the Road Impact Fcc District. GROWTIi /~IAN,\GEMENTAIXlPz\CT' Cir;mling of iht impact £cc credit and execration o£ the Developer Contribution Agreement will provide for the construction o1' necessary inl'raslructure consistent with thc County's Growth Managcnncnt Phm. RECOMMENDATION: That the Board of County Commissioners: l. Approve thc impact fcc credit in exctnangc fi)r tine Contribution' Approve the Dcvelopcr to transfer thc impact Icc credit for :thy land development project Road Impact Fcc District /~ulhorizc thc C:hairman to execute a Developer ('ontribution ,,\grccmcnl, on behalf'of' thc [Board of ('or,nix' (.'ornmissioncrs; and 4. .,\pprove any and all t~cccssary Budget amet]dmcnts. SI_,:B,XqI-FTF. D bi5': Toni ,A. )zLott. kL_S..2e ,n~ _rS&c_ci;0is_.t_ " P, cal Propc.~F' Man~gcmcn~ lgc~lmcnt REVIE',VED BY' .,' ,' ~ F ' ~'. ,// Edward J. Kant. P. sportation Services Director t~d llschncr, Public Works .~x(lministralor [):\TE: ''''-z' 5 ~ -?J' AGEN DA. IT£1~ _~ NOV 1 0 PG. -~ DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this~dayof __ , 1998 by and between COLLIER COUNTY, a political subdivision of lhe State of Florida (hereinafter referred to as "County")'.,','hose mailing address is 3301 Tamiam~ Trail East, Administration Building, 3~ Floor, Naples, Flonda 34112, and OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, and OCEAN BOULEVARD PARTNERHSlP II, a Florida general partnership, its successors and assigns (hereinafter referred to as "Developer") whose mailing address is 2600 Golden Gate Parkway, Ste. 200, Naples, Florida 34105. RECITALS' VVHEREAS, Developer holds fee s~mple legal "Prop'e~t/') leca!ed in the unincorpr:,r,~ted area of Collier Co~n!y, Fior~rJa, sa~d Properly being descnbed in Exhibi~ "A": and V~HEPEAS, Developer ,'epresen!s that nc ob!igal~on barred or prohibited by any c~nlractual agreement with any cther person er entity, and ~H :R,_A.., THE ~JT ,~ and County are desirous of making improvements to U.S. Highway 4! (Tamiami Trail North), from the vicinily of Gulf Park Drive north to Old U.S, 41 (C.R. 887), said ~mprovemenls Io include prowsion of a Right of Way Easement, for t~e w~dening ef U.S. Highway 41, on a .385~ acre potion of lhe Properly owned by Deveroper, more particularly shown in Exhibit "B" which is attached hereto and made a pa~ hereof {said .385z acre portion the prope~y hereinafter referred to as the "Contribution"); and L, PG. WHEREAS, FDOT has informed Developer, the Collier County MPO, and Collier County that in order for said widening improvements to be accelerated in FDOT's adopted work program, the cooperation of adjoining landowners is required and will result in substantial cost savings: and WHEREAS. the parties to this Agreement acknowledge that the Road Impact Fee Credits established under this agreement shall run with the Property, shall be assignable by the Developer to any specific projects of the Developer in the County's road Impact Fee District One, and shall be reduced by the amount of the Road Impact Fee due for each exhausled: and building permit issued thereon, until ail such Credit has been WHEREAS, County requires that the va,u. of the market value, and Road Impact F~_ Ordinance No 92-22. as amended, Contribulion shall be r)ased upon an appraisal of fair WHEREAS, Developer hss caused the fair market value of the Contribution lo be appraised at $.~L.0~__,__o__...g-°_. and County accepts the appraisai value of the Contribution, and both parties acknowledge that the value is derived from an analysis of comparable sales of similar properties, between unrelated parties ~n a bargaining transaction: and WHEREAS. lhe parties ~o this Agreement ackno',vledge Road Impact Fee credits shall be a credit on!y against Road Impact Fees. and II-:at suc.n Credits shall not offsel, diminish or reduce any other charges, fees or other ~mpacl fees for which Developer is responsible in connexion with the development of the Properly: and WHEREAS, the Developer is willing to assist FDOT and the County in accelerating the needed improvements in FDOT's work program in return for certain [IL£ NUMBER PC,. assurances by FDOT and County having to do w~th timing of the widening improvements and that development of the Property can occur in accord with previous and future approvals of the County and that said "Contribution" will qualify for Read Impact Fee Credits in accordance with County Road Impact Fee Ordinance No. 92-22, as amended, and other law, as fudher detailed hereinl and WHEREAS, such proposed plan is in conformity with contemsiated improvements and additions to the transportation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or prcposed plans, will not ~,dverseiy impact the cash flow or liquidity o~' an,.,,' Road Impact Fee Trust Account in such a say as to frustrate or in~erfere with other planned ar ongoing grov,,lh necess~laled capi:al ;mp__,rovements and addit.cr~s tc ~he transportation nelv,,,ork; and WHEREAS, such proposed plan. wev,,,ed ~n conjunct;on v,'~tn oti'-,er existing or proposed plans. ,,,,,ill r~ot create a delrimentai ~m~,ata,nce beh,veen tne ar',erial and collector roadways; and WHEREAS, the proposed plan ~s consistent ,,vith the public interest; and WHEREAS, the part~es to this Agreement acknowledge that the failure of this Agreernent to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law. ordinance, rule or regulation governing said permitting requirerr, ents, conditions, terms or reslrictions; and; WHEREAS. the pad;es to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreements; and WHEREAS. the parties to this Agreement acknowledge that this Agreement is not to be conslrued as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH' NOW. THEREFORE, for and ~n consideration of the promises and respective undertakings of the parties hereinafter set forth and the sum of TEN DOLLARS ($10.00), and other good and ,valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it ~s agreed by between and among the parties as follows: I. The recitals are true and correct and are herewith incorporated as a part of this Agreement. 2 FDOT has requested and the Developer has delivered and FDOT has accepted the Contribution v,,h~ch ccnsists of 385_+ acres of land for a Right of Way Easement necessitated by ,h, '¢,,iden~no of U.S. Highwa,v 41 Upon dedication of the Contribution. and recording of the Easement in the Public Records evidencing transfer of the conveyance, and acceptance of the ~ed~ca,~on by FDO"F ¢ .... County hereby agrees to grant to Deveioper Road Impact Fee Credits Ordinance ,92-22 as amended, for the fair market vah;e of' the acreage described herein in the amount set forlh in Paragraph 6 herecf 3. Developer shall provide FDOT with an attorney's opinion as to the record title holder of the Property. which opinion shall also identify any lienhotders having any lien or encumbrance affecting the portion of the Property known as the Contribution. 4. Developer shall convey to the FDOT, via Grant of Easement. the Contribution. more particularly described in Exhibit "B" hereto Said Easement has been delivered to the FDOT by the Developer. and a copy of the recorded Easement will be provided to the County by the Developer. 5. This Agreemenl shall be effective on the date it is executed by said Developer and the County. 6. Upon recording of the Easement. and acceptance of the dedication by FDOT. the Developer shall be entit!ed ',o a Road Impact Fee Credit in the amount of 7 Upor'~ closing ur~[ii deve!oomer~t of th= Properly rs ..... ~..,le =d or un,~, the balance of the Road Impact [-:~,: Credit has been -,-,~ .er, :o . . ~-- r~.~uc~._, zerc (,3) the Coun!y shall apply podions of the road Impact Fee Credit toward lhe Road . I,,,p,¢u~ Fees wi~cn the Developer is requi;ed to pay fo;- each building permit ,/,'i-,ich is appli.,;d fo,' on the Property. or as provided in Paragraph 8 herein, reducing tr',e baiance of the Road impact Fee Credit by the same amount due for eacx building permit so issues 8. All Impact Fee Credits graf;ted to either Developer hereunder shall be assignable in '/,.'hole or in part to any successor cr assign designated by said Developer. subject to credit application within rcac Impact Fee District One. as defined in Ordinance 92-22. Appendix B, as amended. In addition, such Impact Fee Credits may be used by Deve oper, its successor or assigns, for any land development project in Road Impact Fee District One. 5 1998 9 Ccunty shall provide De,,,'efcper'with, a certified ccpy cf this Agreement including all exhibits altached hereto such that Develcper's certified copy of Exhibit "C" Road Impact Fee Credit Ledger), shall serve as the ledger sheet Io document developer's balance cf Road Impact Fee Credits. 10. This document incorporates all agreements or understandings applicable to the matters contained herein, and the parties agree that there are no comrni!ments, agreements or understandings concerning the subject matter of tills Agreement that are no conlained in this Agreemenl. Accordingly, it ~s agreed that no deviation of lhe terms hereof shall be predicated upon an,/ pr',cr representalion or agreements, v,,hether oral or ,,r~c.n. II is fi.;'rl, her aur.ed that no mod~ficat~.on amendme,~,t or .31terat~cr', ot the t~.rms or conditions c. ontair~ed herein shall beef':--'~,,,.,'e unless r--r,,--..~p,~.~. ,,,-~,, ~c,.~ ~'''',,, ,.:~- ',',.'r~tter'~ document exesuled with lne same formality, and of e,oual aligner,/ nerev,..,h !1 This Agreement snail be governed and constrt:ec: ... ¢.,_~r._,,..nce with the Lav,,s of the e, ,- ...~a,e of Florida. !2. Upon v,'ritten app',icat:,on made ur:to the "", · ' bv ,..,uun;v . the Developer, Ccunty shall, within sr,'..ty (60) days. refund to the Developer the l:,'n.~.act Fee Cretin Balance. Said v,,,rl',len -, ,--,:'~: ;~, ,-.e~;~:~-,; r',.:.,,. ..... ¢-r a~ ~p,..,~,.~t,,...n shall ,'-.~',,'"~ i,,,..,,_,~ a.. ., ..~,,cr"~ r",a:.:e..~'; ::'.e ,..,,:...: ,.., ,._, ~, ti'', al~, deve,opm_," r~,.-, su!:.,ect, to '~,-,,.,,~ payment of i~cad Impact Fees has O~q .... compieted on the Property. The refund by County shall be dis0ursed as agreed betv,,,een Developer and County based upon the Liquidity of Road Impact Fee Distnct One and provided it does not adversely affect the cash flow of said Road Impact Fee Districl account; p'o,,/~ded, however, nolv,,ithstanding the foregoing, the refund shall be paid to Developer no later than five years frcm the date of Developer's application. 6 AGENDA ll~F.~ ~ NOV 1 0 lgg8 PG. ATTEST: DWIGHT E. BROCK, Clerk 13. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 14. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County. Florida, to enforce the terms and conditions of this Agreement. said remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement 15. This Agreement may be amended or canceled only by the mulual consent of the parties to lhe Agreemenl, or by their successors in interest. 16. This written Agreemenl. including all exhibits atlached hereto, shall constitute *h,~ entire agreement and understanding of the, ~ ' ..... c-..,r,,es and tt'~ere are no prior or contemporaneous written or ora! agreemenis understandings, pror'n~ses. '.,varran~ies or covenants not contained ,here~n This Agreement ma),' be execuled ~n two or more counterparts, ail of which shall be considered one and the sar'ne ,,va~ver, and each of which shall be deemed an original. IN WITNESS WHEREOF. the County and the Developer have caused lhis Developer Contribution Agreemenl to be signed on the day and year first written above BOARD OF' COUN?Y COt"LM.[SSiOi',iERS OF COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Approved as to form and legal sufficien/~y: OAssistant County Attorney 7 AGE ,A 'r t N O V 1 0 19.qFI J This Developer Contribution Agreement may be signed ~n ccunterparts, separately by each party. When all such counterparts have been signed, this Develcper Contribution Agreement shall be deemed fully s~gned by all the pa~ies. Signed. Sealed and Delivered in the Presence of: Witness (j DORIS J. LEWIS V,~tness GAJL W. ANDERSON Print Name OCEAN BOULEVARD PARTNERSHIP, a Florida General Pa~nership Lamdr Gable~. as a Pa~ner of Ocean Bculevard Partnership STATE OF ~ COUNTY /1 , The foregoing instrument ',,,,'as -J'''--' ' '~,'~,-~ ' ' "'/~ · ,~,,..~,, ,c,a ..,~c be%re me ,h;s day of ' 1~.~8, by Lamar Game, as a Panner of Ocean Boulevard Partnership, a Florida general partnership. He is ep,....~E.sonal]z' known to me or has produced __ __as identification.. (Notacy Seal) Notap/ : / Printed Name: '"' li~.~l,l.t'~....~'~ 8 NOV 1 0 lg.~8 PG. I This Developer Contribution Agreement ma,/ be signed ~n counterparts, separately by each party. VVhen all such counterparts have Deen s;gned, this Developer Conlribut~on Agreement shall be deemed fully signed by ali the parties. Signed, Sealed and Delivered in the Presence of: VVitnes.~'¢~/~l.] /,_., /h~T"d,~..~ Print N a4,'rre \ t ~ - X ~,-.-~, t...,~,.,""-O Witness Print Name OCEAN BOULEVARD PARTNERSHIP, a Florida General Par~ership Frances G. Viller~, as a Partner of Ocean Boulevard Partnership STATE OF COUNTY OF /'} Tine foregoing instrument ,,,/as a,cknov,,ledged ~, ¢ ,me th ,.,e,,~, ~ ~s / day of '~ ~"' ~ '~__/~~ '. 1998. b'/ Frances O Viiiere. as a Partner of Ocean Boulevard Pa~nership, a Florida general partr:ershio She Js r..,erso_natl____~_knov/n lo rne or has produced as ~dentJficaticn. Notary Printed Name: This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Dev.9toper Contribution Agreement shall be deemed fully signed by all the parties. N0V I 0 19.qa Signed, Sealed and Delivered in the Presence of: Witness ~ DORIS J. LEWIS Print Name L,~ Witness GA!L W. ANDERSON Print Name COUNTY OF OCEAN BOULEVARD PARTNERSHIP, a Florida General Part~hio _ Barton Collier III, as a Partner of Ocean Boulevard Padnership _~d %e foregoing instrument 'was acknowledged before me this ?~1,,_ day of -/~ , 1998, by Barron Collier III, as a Partner of Ocean Boulevard Partnership, a Florida general partnership. He is oersonally known to me or has produced (No,ar'/Seal) as identificati,~n.// .... .,:..'L..¢~..,~ -.¢_~- .... Notary P" "":'~ Name: This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been siened, this Developer Contribution Agreement shall be deemed fully signed by all the part~'es. 10 1998 Signet, Sealed and Delivered in the Presence of: Witness Witness GAlL W. ANDERSON Print Name STATE OF ~--~,,.~',~:~ COUNTY oF OCEAN BOULEVARD PARTNERSHIP. a Florida General Partnership ~ // '-'~e~'~i ~'proul, as'-a P~rtner of 6cean Boulevard Partnership ~ Th~ foregoing instrument ',,vas acknowledged before me this 'Y'~"~'"' day of F.L'/~-.d"D~/~, , !998, by Juliet C. Sproul. as a Parlner Of Ocearl Boulevard Partnership, a Florida general partnership. She is personally known to me er has produced as idenl ficalion. (Nctar/Seal) Notary Printed Name:' 11 NOV ]0 ,9.qR H~'~ . J l' ' - This Developer Contribution Agreement may be signed in counte ,rparts, separately by each party. When all such counterparts have been sGned, this Developer Ccr, tr',r-.uucn Agreement shall be deemed fully signed by all the Signed, Sealed and Delivered in the Presence of: Witness DORIS ,J. LEWIS Witness GAlL W. ANDERSON Print Name STATE OF COUNTY OF OCEAN BOULEVARD PARTNERSHIP 11 a FicriCa general partnership Lamer Ga{)le, as a Partner of Ocean Boulevard Partnership fl 1998, by' Lamer Gable, as a .~,:,,_ Ocean Boulevard Partnership II, a Florida general partnership. He is r~ ...... ~', p..,.~,..,,~.',~y kr, cwn ts me er has produced as identification. ,,,,/' ,, (Notary, Seal) N o',ar'y :y, .~. ~t ' Printed Name: 12 NOV 1 0 lq`nc` B,cR,qoN COLLIE~ C0. This Developer Contribution Agreement may be signed in ccunterparls, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed. Sealed and Delivered in the Presence of: Witness Print Name \ a Witness Print Name CITRUST. a Louisiana Partnership, as a Partner of Ocean Boulevard Partnership II Christopher D. Villere as a Partner of Citrust STATE OF COUNTY OF egoing ~,~,rjment Wao acknowledged before me th:s ~ ?-./4 of day of Ocea~n'L~;:uEvarc~ 1,_998 by Christopher D. Villere as a Partner of C" ,' I~rus~, as Padner ~- - ~-artnership II, a Florida general padnership. He is personally kno_~wn to nqe.__..___.._~3~' has produced __ as identification. ' .... Nclan/Public 13 This Developer Contribution Agreement may be signed in counterparts, separately by each party. W'hen all such counterparts have been signed, this Developer Ccnl. ribution Agreement shall be deemed fully signed by ail the parties. Signed, Sealed and Delivered in the Presence of: Witness Print Nam(e--.., r. Witness DORIS J. LEWIS Print Name CITRUST, a Louisiana Partnership. as a Partner of Ocean Boulevard Partnership II Mathilde V. Currence fltda Mathilde B. Vil!ere. as a Partner of Citrust STATE OF CO UN'I-Y OF ,,¢".]Th/e,,foregoing instrument ,,vas acknowledged before me this ~,;/',Z..~ day of r'~Z'~~ , 19.98 b'/ Mathiide V. Currence. ftkJa Mathilde B. Villere, as a Partner of Citrust, as Partner of Ocean Boulevard Pannership I!. a Florida general partnership..S..~he ~s..~.ersor:ally known to .rr,:e cr has prod,Jced Id_, 1,,, ,ca don. SUSAN 1. ~,IATURO OCT. 15,2000 Notar-y Public ...~;'~L.~~ Printed Name: 14 This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by ail the parties. Signed, Sealed and Delivered in the Presence of: Witness ,~ BQRIS J. LEWI& Print Name "'T CITRUo ,aLouis~ana Partnership, asa Pa~ner of Ocean Boulevard Partnership II Lamar G. Villere as a Partner of Citrus, SYATE OF ZCo?;~,4 COUN'FY OF ~__~_~k.z ~"~..__ /IThe foreqoing instrument was ackr',c,.','iedged before me this f/'~-' day of_~~~ ....... 1998 by Lamar G. Vi,,ere as a Pair. er cf Citrust. as Pa,ner of Ocean Boulevard Pa~ner'ship II, a Florida general parlnership. He is personally known to me or has produced ~ ",¥),2,("7F C, cc, l,~,~mm¢'~ J,.,-, ~-~.~.~>~. -r CC589434 J~'or r'.JD OCT. 15,2000 as identification. Notary' Public Prlrted Name: 15 NOV 1 0 l.qgs , PG.-- This Developer Contribution Agreement may be signed ~n'-'"',.,..,unt=roarts¢. . separately by each party. VVhen all such counterparts nave been signed, this Developer Contrib.~tion Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: Witness ~ DORIS J. LEWIS Witness GA~L W. ANDERSON Print Name SPROULPARTNERSHIP, a Florida general partnership, as a Partner of Ocean Boulevard Partnership II Katherine G. Sproul, as a Partner of Sproul Padnership ST, T COUN' OF _ day of_~.~:_,~ _, 1998 by Katherine G. Sproul. as a Pa~ner of SCrcu,----Partnership as Padner of Ocean Boulevard Partnership Il, a Flodda general partnership. She is Eonallv known to me or has produced Printed name: 16 AGE,iDA Il[EM. NOV 1 0 199R P6. 8,~RRON CL, LL~?,] CU. This Developer Contribution Agreement may be s~gned in counte~ans, separately by each party. When all such counterparts have been s~gned, this Deveicper Contribution Agreement shall be deemed fully signed by ali the parties. Signed, Sealed and Delivered in the Presence of: Witness '4 )RIS J. LEWIS Witness GAlL W. ANDERSON Print Name STATE OF C OUNT-Y OF SPROULPARTNERSHIP. a Florida general partnership, as a Partner cf Ocean Boulevard Partnership II V' J~nifd:/V. Sproul, as a Partner of Sproul Partnershio ,qThe foregoing instrument ',vas acknowledged b=for~, m~ this '~7:/'7,...- da,, of .~(~.~_ , !998 by Jennifer V. Sprou!, as a Pa~ner of Sproul PannershJp, as Partner of Ocean Boulevard Pannership , a Forda genera partnership. She is person~ known to me or .... produced . ~-" ~ , ,. P '--T~ (Notan/Seal) r,~,:tan/ ~u~!~c Printed marne: 17 N0vp . 1,0, 1998 ~/NU~CCL~;ER CO. 1 This Developer Contribution Agreement may be signed ~n counterparts, separately by each party. When all such counterparts have been s;gned, this Developer Contribution Agreement. shall be deemed fully signed by all the parties. Signed. Sealed and Delivered in the Presence of: Witness ',J DORIS J. LEWIS · , ' Witne.~s GA. IL W. ANDERSON Print Name SPROULPARTNERSHIP, a Florida general partnership, as a Partner of Ocean Boulevard Partnership II 'J'ulie A. Sprcut, as a Partner of Sproul Partnership STATE OF '~ ' COUNTY </- _ /hThe,foregoing instrumen: ,,',,'as aci.<nowledged oefore me th,s '"'"/'zr~- day of ~(_,.'~_'/z'~5~z,j?_~ :_, 1998 by JUl. A. Sproul. as a Panner of Snroul Partnership, as Par-tner of Ocean Boulevard Partnership gersonally kno',vn to me or has produced identification. (Notary Seal) II, a Florida general partnership She is as ..... ~": .,'/'__.Z --~ ' ' ' Notary Public /~ Printed name: 18 This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: BARRON G. COLLIER IV IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Partnership 11 ~ii~t C. ~proul. as~;/rustee Witness ',3 DORIS J. LEWIS Print Named ,~ Witness GAlL W. ANDERSON Print Name STATE:. OF COUNTY OF .____L._L~_( ,/,'El-' The,...,foregoing instrument was acknowledged before me this "~ 'f'/.v r 1 z98 by C Sproul. Trustee of BarroW' El c~oliie iv day of ~ ~ ........ v Juliet as Irrevocable Trust, on behalf of the Trust, as a Partner of Ocean Boulevard Partnership II, a Florida general partnership. She L~~all.v_k_nov,'n tc me or has produced as ider'mfication. (Notary Seal) ~,]c~iar-y Public Printed name: 19 NOV I 0 PG. This Developer Contribution Agreement may be signed in counterparts, separalely by each party. When all such counlerparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: Witness Witness GAlL W. ANDERSON Print Name COUN-FY OF ALEXANDRA EDEN COLLIER IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Partnership II ~-o"'~]]i~t C. Soroul a's T{-'~stee Th6,ff'oreooing,,, ...., --instrumenlwasackn°wledgedbef°remethis / day of ~-.~_.C~ _, !~98'" by Juliet C. SprouI. as Trustee of Aiexandra Eden Col!ier Irrevocable Trust, on behalf of the Trust. as a Pa~ner of Ocean Bouievard She is personally known to me or has as iden~'a~?~ Prin~ed name: ~" Padnership Ii, a Florida general partnership. produced 2O NOV 1 This Developer Contribution Agreemenl may be signed ~n counterparts, separately by each party. W'hen all such counterpa~shave been signed, th~s DeveIcper Ccntribution Agreement shall be deemed fully signed by all the padies Signed, Sealed and Delivered in the Presence of: Witness ',., LgORIS J. LEWIS Witness GAlL W. ANDERSON Print Name LARA CHRISTINA COLLIER IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Partnership I1.., ¢~'11'eTc~ Sprout, ~s Tf~st'ee STATE OF _~Z.~ COUNTY OF _qC.4 //./'~__ The/Coregoing instrument ',,,,,as acknov,,ledged befcre me Ibis day o~r ?[-?d./~_',~.~ , 1998 b,/ JhJlie( C. Sorout. as Trusle-~'"'oi'-L. ar~ Christina Collier Irrevocable Trust, cn behalf'of the "- ~rLs, as a Parlner cf Ocean Boulevard Partnersmp !I, a Florida general paC, nershic She is 3ersonallv known to me or has produced (Notary Seai) SUSAN J. NE~ ~ty r~MMSSStON ~ ~ 812005 ~,I~S: April 21, 3)01 __ as iden,~ificaiion. N~tary Public ,'"/ ~ Printed name: t_,/ ~~ Itdoc-dev eloper-agreement-ob p.-obpii 21 AGENDA IT,F_M,, N 0 V 1 0 PG. Seclior. 27 township 48 Soulh._Rar,.g9.25 East A tract or parcel of land lying in Secficn 27, Township 48 Sou~n. Ran§e "5 East. C:.!her County. Florida which tract or parcel is described as follows From lhe Norlhwesl corner of said Sechon 27 run S 00°02'23' V.,/a!ong :,he Wosl line of said Seclion 27 and Ihe Easl line of Tam,ami Trail (State Road No. 45) lor 125.02 i'eel Io the South line ol Immckalee Road (Stale Road No 848) and the Point of Beginning oi' ',he herein described parcel From said Porn! of Beginning run alcng said South line cl lmmokalee Road the following courses: N 45°28'51' E for 35 08 feet; S 89'04'03" E for 57346 feel: S 86"12'18" E for 50061 14709 feet: Ihence run S 00"02'33' W paral!ei ',vdh sa~d Tamiam, Tra~l for 1175.51 feel: thence run N 89'57'49" W for 1245 00 feet to said East of Tam,ami Trail: thence run r,i 0c,.o02.23· E along sa~d East line cf Tamiami Trail for 1194 98 feet Io the Pc, mt of Berjmn~rvj acres, more or less. Bearines heremabove mentioned are based or', Immokaiee Road (State Road Ho 846) ar.s the U'.,r!n hr.e of quarter fN~A,/-ll4) cf Secticn 27 Tc',,,'nsr,:. 48 South 89'04'03' E A trac', or parcei of land lynn.3 ir, e _ , .~.c,u.,:, 27.-r'c,,.r ¢-i;-. 48 ::'.;:t,th., r.:a,'-.ge Co',lier C,:un',/. m, onda ,,4 uch ~ract or pm .se' ~s dr;sc. ,:;;.~ ~ ,as From the f.~or1,~;wes~., corner :,f sa~d Sr;:hcr, 27 run .r.j ..,,-.o~.~ ¢.:'Y '"; ~' '~. V/aIcn'~ Road tie 45; rot 125 G2 feel I.", t-.e ~.;..tu:q ;,ne ,:/ I'T, mc.'<aiee P. oad .'Stat,': Road ;40 ~,',6;.. t!l~r-h:'.e Furl &lc,qt.. salt: ..°"'.,., i !i":a 'h~, ~ tcllo,./!n~ cc:urEas '' 4£'28'.'::i' E fo,' 3F...,3.8 feet. S .~,g'04'5,7.' E f-~ :~.77 4,3 r.~':t. S 8S"12'1r;' E for 50051 fee aqd S 89':34'G.3' E ,v.r.. t,':,rr',~ ¢ '""':,-. to ;he F-cu,,t ~" . ,~ . _ . J'.;,,~ ,"_~ Irnmqk~lee .... Road thc, fci;').,,,:q? ::ot;rse~._ .~; .39o04'C. 2- r_: r,3: i ,r,,,.8 ~,', feet O0 ...5 ~,7 '¢,.' fr~r ;9 .. :e;-t c ::9"0,';'C, 3' Err'): '~'¢ ~,3 ,.¢,:-:: . Of the tlorlh,::,asl ouatter ('N'E-1f,4) of sa~:.* "' -'-. :',et;ce . . o ;,.,,.,,: ~'7. rc.,q,r'r along said Soulh !il-~o of I ,'n.moka r,,., ~oa?, S r, qo,-.:. ,:. - ~:,., i. E ~::r ?'i,3 '31 f"'...et 't lhe East hnn o! F!ouda Pov,,er and LElrq Cam;larry ,:.:asem:.,rt ¢~,, ~,¢~. ~nstrumer:l re;tarried ,n DeeJ B,o3k 30 al ;-';-_ifie 27 C. 31: ,:.r Cot.mt) :~,~."~-:'~ thence run S 0,, .s,. ,..~ E along s.alc Cas! ilr;e for ' '~' hr- feet. .$ 85'06'45' '././ for '~3 r;,3 rr;el , ~h,-. ' ,-, ;' .5 0,3 ' ~-,. _ e~,, t~ r, mro ~ur! ti ?.?0;' 40" L',' t,. ~:! !¢ ,?,,' t,:t.,t :.3 ..~:.: !:~::,: ,' ,: Tar?,JarT',l Tral! " cf. i'; C'm fee. 'hence run S 89°57"49, E fur ',2,:!; C,C; feel; t,~,ence r~;q t',~ 0O°'.}Z'~3' i! for 117551 feet to the Po;n: c,f [3egmnm:s ~'- ,- . or less Subjecl to easernenls, restrlchor's amd reserval~sns of record Bearings hereinabov8 menhoned are base"; on the crcp, torhr~e SL~,",'O~ Immokalee Road (Stale Roar; No ~r';"'-g) and ',h.;,* ,"~crth ilr:e r~'., the ~4Orlh.,,'O~t quarter (HW-1/4) of Section 2,". 'f'ov.'nslup 48 South. Ran.L4e 25 East bears 04'03' E. lees AGENDA I]"EM,,.. N0V 1 0 1998 PG., , Section 2..Z, town_sh~__p_ ,48 South Ran_£,L.~_25 Eas! A tract or parcel of land lying in Section 27, Tov/r~smp 48 Sou:~', ,;'~ar, ge 25 [-_-as: .,Cc er Counly, Florida which tract or parcet is desk;bed as foilcws From the Norlhv,,esl corner of sa~d Section 27 n.m S West tine of sa~d Section 27 and Ihe East line of Tam~am~ Traii Road No 45) for 125 02 feeIto the South line of Immok, alee Road iState RcadNo 846) and thePoinlofBegmnmgoflheheremdeso.~bedpa,.cei From said Point of Begmn:ng run along sa~d South hoe of Irnmokalee Road the following courses' N 45'28'51" E for 35 08 feet, S 89'0,4'03" E for 57346 fr~et; S 86'12'18" E for 50061 feel and S 89°04'03` E for 147 09 feet: thence run S 00'02'33' W parallel wdh said Tamran-,;~ Trail fo,' I 175.51 feet; thence run N 89°57'49· V'/for 1245 r,~.-) of Tammm~ Trod, thence rUr~ ~'l 00'02'3,.3" E alo,'t,.g sad Tam,ami Trml for 1194 98 feet to the P'zmt of Begmnmg CcmammS 34 ar: acres, more or less Bearlr,§s hereinabove mentioned are based or`',h,~_ Immokalee Road (Slate Road ,hie 8,4¢--)~ and t~,,'',~ t.~orlr: hr, e cf the f .... *""*~',',,~'s,r quarler (NVV-1/4) of Sechon 27, Township ,48 South, Rar. gr. 89°0,4'03' E ' aF, rj Section 27 ,"' o,,,,,, n ,: .m. Lp 48 SoL,!h Ran,'.~, ;'~' A tracl o,' parcel cf land I'/mg ir' Sechc, n 27 VVest hn,~ .Of sa~d Ser',,ar "7 an-~ Ihe ,r{,'-:s', ;:r,e ." .... u, Tra; ,:5'2'3 5'~' E rot 3508 fe~- S 89'0403' ,ri fo:' £73 ,;(~ 'ne' ,L ~:i;":! '.: :: for 530r-' f~-,,"d and S 89"C4'C3' [-.' for 147 ~',' feet Be.g<in,ng Frcr'n sa~d Point o,' Iraeg:nnmg c3~-,:,nue a'cn:; 3a C ~;ou'.' ,:;~: ' im:n'o~3~e-3 Road hhe foilov,,~ng Courses S ,~:9'24 S3' E f,-... · -,:;;:, .5: fee' C0°55'57" W for 10 OO feet S 85'04'r,'~" E '~. ~¢-- ;'3 ,,--., 13 '~','- Y,,'e0', , of ',he Northeast quarter {i'.,Irc-!,,4} of sa~c: Sechsn 27 ',""er',-.:e along sa~d South hoe of Immokatee Road S 8?3? "2' E ':.' "15 71 feet ts tl',e East line ¢:f Florida Power and Liohl Cancan,, sa.~e.~.e.-I cesgr:t:ec ,r': 21enc.o run S 04~5~'15" E aioFLg sa~C East ;mo fr',r t52Z-' 95 "e~'. ',hr.r'~,', ',~:-' S ,L~5'0.~'45' W for lC,.¢3. 60 feet tc the Ea?, ;J,~,,') cf a c.,.:,:r :~tF~ ':';as.-'.'~'o'' ,descr:hed rn deed recorded ,n Official RecCrrJ BSS" E*.",~ ,'~t ,.'3as,: 75 '30 fee thence run h,~ 89°57',19" ,,.,/ ,"er 2;-:C,3 07 f-,-.' :c s/:~': ~{ast Tam,ami Tra& the¢~ce run N 09'02'23" E a'orLi.; sa': Eus: ':": '.."' -: 'i ' - feel. Ihence run S -a. 9°57'49" E for 12,15 92 fen,' .... ".',.'-~', 'u" ,,~ -,-,*.-: '~-:. r. for 1175 51 feel to the Point o! iae.]',nnmg r-.~,.,,,~ n ~'; E:; 0:' a-'.-;~.. _ ma.'e or Sub;ecl to easemen s. reslnctions aqd rese',,at Bearings ,hereinabove mentioned art, ~' ~, r:-' ...... Immokalee Road (Slain Road No 845) and :r',e quarler {HV',/-II/,) of Section 27, To,vr',sh::: 48 Sot,',, qar-,se 2~ Eas:: er',% S ~.Y" 04'03' E. Jess NOV 1 0 1998 PG. All thai pad of Section 27. Township 48 Soulh, Range 25 Eas: Cc:her County, Flonda being more parlicularly descnbed as follows' Commencing at the West ¼ corner of sa~d Seclion 27; thence along said West line North 00'39'12" West 827 69 feet: thence leaving satd line North 89'20'45" East 577 78 feet to the P©INT CF BEGINNING of Ihe parc, et herein described: lhence Nodh 57"47'59" Eas146.92; Ihence Nodh 68'35'21" East 110.88 feet; thence Norlh 00°39'12. Wesl 187.52 feet: thence Nodh 77'43'40" East 573 08 feet thence South 72'59'03" East 785.48 feet, thence South 00'39'15' East 27 71 feet, thence North 89'20'45" East 50378 feet; thence South 00'39'15' East 100 64feel: thence South 89'20',45" West 1957.22 feet to the Po~m of Beginner's .of '.he parcel hereindes~ibed. Conta:n~nggSacres more or [ess Bearings are based on Ihe ',,'Vest line of said Section 27 as .be~n~ Ncrlh 0C',39 2' West arid less A tract or parcel of laed lying ~n the f4odh ¼ of Section 27, Township 48 South, Range 25 East, Coal:er Counly, Flor~da, whrch Irac[ or r;.,.~rce! ~s des.'.m;e.":, as follows: From !he Ncr".',,v. est c. orr'.er of saic Sootier, 27 rut', S 8~°45'00" E aicr9 !he North linc of said Section 27 for 1868 'I 3 feet: Iher;:e run ~ 00' ~ 5'0,$" '¢.¢ for 125 00 ft';e~ to a polnl ,';r, the Soulher!y riohl.of.,,vay hr,e of In"mckalee P. oaL1 From sai,J Pein( of Berj~nr.nrj run S 89~4.-"'.'00'' along the sa~,~ Scu~ne;i right.of-way ~r~e of hnmekalee ,-'Road fo~ 487 '3.3 feel. tr:er, ce ,~,n S 0(,~' aiong tine said Souiherh.,' ;:,gnt-of-v, ay bee cf Immokalee Road fo,' :0 CC fe.'--t. thence run S 89",~5'00' E alor',g te~e sa~d Southerly rhqht-o,"-v, ay !,ne of Road for 150i9 feet: ~'~ence rtz,'"', S 89°48'16' E a!cng the Southe:',y r,gnt-cf-.,,'nv tine of h'nmokalee Road for 7 i6.99 feet to a oo~nt Dr', the Easterl7 :'ne cf the Florida Power and Ught Company easement: thence run S 05°34'16.` E said westeri¢ boundary cf said Florida Power and Lighl easement for a d~stance o," 75.00 feet: thence 'un S 89'22'44" W for a d;sla,",':e or 723 57 feet, !hence rt~" N°00'39'15'¢,/for '100 64 feet: ff'~enoe run S 89'20'45 W for ~03 7~ feet. ru~ N 00' 39'15' Wfor 27 ;"! feel, lh,-~nfe rut ~l 72'$~'E, 3' V,,' fr;r "27 R~ fee; thence run/',4 02'19'57' V.,~ for !4;'4 24 feel to the Po~r',t cf Bo,;!mr~,~' {; 50,39 ac'es more or less Exhlb~E This instrument prepared by and when recorded return to: Lee Treadwell Barton Cotlier Company !640 Golden Gate Park~aY. Sra. ~ 15 'Naples, FL 34105 P ,.-~ C E L SECTION STATE C OULNTY PERPETUA[. EASEMENT TI[IS EASEM~bFI' made this }~r4.. day of ho O-o ~ [ , 199z~,., b'/OCE,,MN BOULEVARD PA.R'I>TERS'~i [~ OCEAN BOULEV,,~ P..\RTNqZRSHI'P II, a Florida general partnersilip, Grantor, to the ST,:,.TE OF FLOP. i'L-)A DEPARTMENT OF TRANSPORTATION, its successors and assigns, Grantee, v.,'hose pos: c,q]ce address is' Po~ Office Box 1249, Ba.qo'.v, Florida 33831.12,19 WITNESSETH: ]'hat the Orantor for and in consideration of:he sumcfOncDol!ar and other valuable considerations paid, the receipt and suflSciency of which is hersby acknowledged, hereby grants unto the Grante:e, its successors and asstgr:s, a Perpetuai Easement for the purpose c>fcons:mc:ing and maintaining outfalls ant drainage facilities in: over, under, upon and tlu'ouglh the fbllowir~g described !and i.,: Cc,;iier' County, Florida. viz: The Grantor reserve ~.?~e right to usc the easement :'or :he purposes of landscape buffering, landscape berm, water management berm or wail. It ,.viii be the full understanding that if tile Department of Transportation needs to enter the property to inspect, repair or replace pipe, it is the Orantoc's responsibility to repair' of replac~ any damage within the easement. SEE FX'HIB IT "A" TO HA'VT A.ND TO HOLD the same unto said Grantee, its successors and assigns forever, and the Grantor will defend the title ro said iar:ds against al} per'sons through or under said grantor. IN WITNESS WHEREOF, the said O:antor ?las caused these presents to be executed in its name, the day and year Grst above written 1,, ,fl;,al~Ot~ C0tui* CO. ] NOV 1 0 1.q.qfi Si,?,ned, se,~led and delivered th~ presence- oF: Witness DO~S d. LEWIS Print name Witness ~/ MARCIA J. WILHE[2,~ Prinf. nam~ OCEAN BOULEVAP-,D P . :. P,, T ,".[E P, SHIP. Ju?.~.~C' Sproul, as STATE OFrLO !DA CObOl'FY OF C. OLLrF~' The fore§oin':'- instrument was ackno,,vled.geu 199 by JuJiet C. Sproul, a.s p~ner oFOCE,AN BOL;LEVAP, D PAFLT','/EP, SHIP, a ~:lorida,,en~'ai n~rtnership who is person~,lly kno~l?,,o .... ~,~ ~! ~ ....' (s~) ~~ , ~ , - - .... ~ ................ :-- My ,:omniiss~on ~xpircs. _ ........... AGEN T NO~/ 1 O 1.q~8 PG. ' ~ Exhibi~ "B" (Pag,:. ] of ,:ii Signed, sealed and delivered in the presence of': Witness k3 DORIS J. LEW,'~b Print nzm¢. Witness ~/ MARCIA J. WILHELM Print name OCEA>I Bf,3ULEV,,~.RD P,-~.RT,X,'ERSHIP 11. a Florida lim,[ed pannership STATE OF FLOKIDA COUNTY OF 199~. by Lamer Gable, as g,znerat partner l~m5. C~ pannership, who is personally COKrMi~S (74 EX!: ~UG.27-17~' hic:t.~, j' ~, .rJ,,h.,,...lc 'n a:',d :u,"" 'q'-~,.c Co u nj'/and '.7,1:,:ti !::st aforesaid commission expirts: ,,:, NO Signed, sealed and delivered the presence or': Witness D_C) RI ~LJ...E~YJ~ Print name. Witness MARCIA J. WI~ Print name Chris[op~wID ',,/i!!ere. asr r*arzner AG E NPA,i'T..F.,M,.-., NOV 1 0 ~ftqR ExhJ. b.tt "B" (Page ,1 o£ 8) STATE OF FLOFd-DA CObq'qTY OF COLLIER The ~,regoing instrument was acknowledged before me ~his ~./_.d;,y of -J (.,t,..~r'- . lgg_~, by Christopher D. Villere, as a Panner ofCilms~ . personally known to me. (Seal) i",l~"n.~ 0 LYNN D. S-'FIRP ,u Notary Public in and Far the County and $tat~ ias~ af'or~sMd ,,'vly co~nmi~sion expires Seri,~i No Print name ?' / ' ? .~"'--'3 --" ,.,.d/'~ ./'_ JLII;~ /C ~pl',D,, 35 ~', .,3t' .~t)roul Pa. rln~r:',hip N 0 V 1 Cl PG. ">'" ' STATE OF FLOMDA cOUNTY OF COLLIE. P, . - . .~,,, The foreooin~ instrument was acknowledged ~clor¢ me h~s . ~..), of~ _. ~b; Ju~et C, Sproul, ~s ~ '' cl ,,cheryl 199 , a P~neroFSproul P~nersupz crida p~nnership, who is personally known ~o me (Seal) t.Ncrr~'f ?LrBLtC S"T^TF_ O~ FLO~,rDA L~,y coM~4t~lo~ EX?. ^96. lxiL~¢ I LYNN D. S'T1RP Notar/ Public in and ','or the Count'/and Stale !esl aforesaid .'v!y commission expires: Serial Nc (,_~LulE}Z I'/ I,.%P,.E:'.,'CC.,-.-':.,-,E TRUST. BARP. ON G -r , , Signed, sealed :.~nd delivered ~r, the presence 0f: Wirness DORI '~J. LEWIS Print name STATE OF FLOEtDA COUNTY OF COLLIER The~regoinginslmmentwasackn°wledged before me[his _.] dayof' .~ 199~,byJu etC. Sprout, astms~eeoFBarr°nC°llicr IV lrrevocableTmst, whois (Seal) ~ ~?~ --~ LYNN D. STIRP Mota~ Public in and for the County and %rate last afforesaid My commission expires: Serial No NOV 1 O 199B BARRON COLLIC/~ CO. I Exhibit "D" ( Page A.L:XA>,T)R .~ Er",~xr COLr ':R , .... r. ~ ~, ..... ~ .. u~;~ =:_ r~)~'-'~.'r',C.~Pt~TRUST, Signed, sealed ~nd delivered in the presence o.F: ;Nitness DORIS J. LEWIS Witn~Ar~CIA ~. WILHEL.bl Juti~C/'gpraul, as ,tastee / PFint n~m¢ STATE OF FLOPJDA COUq'-ITY CF COLLIER ..._.~. 199~_ by Julia'. C. Sproul, as tr'us;ee or miexandrn =con ,. o:,~er lrrev.,~?.L)ic., ,:s,, wt,o iS personally known ~o rne Ol-i, ic.u',z, ~'--' '. (Seal) ~ L'f"NN D Ci'i.~ -- / NOTS, AY f~J~tlC STAl'T~Z OF FLO~["~A1 "?'/'--Tr--'- ...... ~'-'~--~-' .... -J- ? L_T'~ '4 z3, .~' ilr,:r- ' ~.;o,'a:/ P'.~h,'-u ir', and for ~i~c C~cmnly and S~Ic !as: aforesaid .,'vly co,nm,ss~on expires Seri:~l No ..... ~.~.,.: , if.L[t.E",.'C)(-;.-:,!~,~ : T.RtJcT Signed, sealed ,~nd delivered in the presence of': Wit ness ~'J DORIS J. LEWIS__ Print name - - I // /q. Witn~RCIA J. WILHELM Print name NOV 1 0 1998 PG. '~' flARflON CO~ Exh, ibit "B" (Page STATE OF FLOR. IDA COIj-IqTY OF COLLIER. 199~,, by Juti~ C.,Sproul, as Irus~ oFLnra Chrislina Collie? lrrevocabl~ Trus~, who pcrs'",Ynally known I,, me. ,,'~ iJ ~ ' LYNN D. STiRP >;,s~?,r~ Pub!ic ~n and for th~ Exhibit "B" (Page 8 of 8) SECTION 03010-2568 PARCEL 8O5 That portion of the northwest ~ of Section 27, Tcwnahip 48 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of said Section 27; thence along the west line of said Section 27, South 01°00'44'' East a distance of 124.94 feet to an intersection with the easterly existing right of way line of State Road 45 (US 41) per Florida Department. of Transportation right of way map Section 03010-2250 and the southerly existing right of way line of !mmokalee Road Iper Official Records Book 1747, Page 2251, as recorded in the Puklic Records of Coil[ar County, Florida) for a POINT OF BEG!!,:~iNG; thence along said southerly existing right of way line cf Immokalee Road North 44°26'17'' East a distance cf 14.04 feet; thence leaving said southerly existing right of way line South 0i~00'44'' East a distance cf 1,680.15 feet; thence South 88:59'16" West a distance of 10.00 feet to said ea:~ter!}' existing right of way line; thence along said easterly existing right cf way line North 01°00'44'' West a distance of i~67Q.20 feet to the POINT OF BEGINNING. Containing 16,752 square feet. Lega% Description Approved by: EXHIBIT "A" Page 4 PG. ' ' / NOV 1 O l§,q~ EXECUTIVE SUMMARY APPI[OVE A DEVELOF'ER CONTRIBUTION AGREEMENT WITH COLLIER DEVI:A~OPMENT ('(-)I~PORATION ("I)E\/EI,OPI~I(") FOR THE CONTRIBUTION OF LAND 'FO THE FI,ORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR A WATEP,. MANAGEMENT DETENTION AREA NECESSITATED BY TI-ti-; WIDENING OF U.S. HIGHWAY 41. ~: To oblain Board approval for a Developer (_'onlribt,tior~ /\grce~'ncnt between Collier County and the Developer for thc contributior~ of land to FDC)T for a ',vatcr t'aanagcmcnt detention area necessitated by t}~c widcninM of U.S. l tigh,,vay 41 in exchange for road impact tee credits. f~iON'hJJ)J'.7,Jgz"x~.[l_O~: ()~:ti,qancc No. 92-22, :is amen¢tcd, Section 3.C)G provides fbr tho establishment o1' a "dcvc!npr~cnt contrJbutJor~ credit" against rend impact Fees imposed under Section 2.01, i~, return liar ccrta}~ donations of roqt~ircd I~cts. {D]dcr IBc i>rovJsio~s of thc above- referenced Ordinarlcc. v,'hcr~ Ibc Transportation Services Director approves thc dedication of said land as being ncccssary for t}:e conslruction of ('oilier ('o,.mty "transportation network" improvcmcnts, thc [)ircctor may ~tsk thc [~oard of (;ou~ty C'on~issiotqcrs to approve a l)cvclopcr Contribution Agreement which ',rill establish a credit against impact fees cql~erx~,isc payable fl0r thc development of t}~c parent parcel fi'om which the dedication canoe. Collier Cotintv nnd [:DOT are dcsi:'ous of mnki~g i~provcmcnts to [5.S. ]tigh',vav 41 {T;:t~ia~ni Trail Norlh), fYom thc vicinity of Ciu/~' Park /):'ivc n,~O.h to OlcJ U.S. 41 tC.[~. 887). T];c ii~Dvovemcnts arc to Jncluch: t}~c prc, vi~:io~ of a water ~'~at;agcr~c~t dctcntiot~ area ~eccssitntcd bv thc xv~(tcnin[,, of U.S. tligh,,vay 41 o~ a :f2 ;~crc po~ion ,~F llmd o',vncd by thc Developer (hcrcirii;fler rc['ClTCd }'O aS thC' "Contribution"). 'J'hc [)cvelol-)Cr S}lZij} ([ccd thc Int]d contribt:tic, r~ Io FDOT tipor~ rccordir~z of tl,c l)evolopcr Contribul~or~/~grccn~cnt in thc Public }~ccords of Coiiior (7Guilty. I:/orida. County IR. Gad Impact Fcc Ordinance No. 92-22, as amended, requires thc v~ttuc of thc Contribution bcbascd upon an appraisal of market value of thc Contribution. ('ollierCoun~vand t}~c I)cvelopcr have caused the market value of thc C'ontribution to be appraised. 13o!h parties acknowledge and accept that thc value of thc ('o~atribulion is ()~]c [{tmrtrcd Thirty l'}lottsarld (513(),0()()) Dollars, as derived l~om an ar~nlysis of co~t]parablc sales of sin~ilar proper-tics, bctxvccn unrelated parlics in a bargaining transaction. Thc Developer is requesting permission to assign thc h'npacl Fee CD'edits to any of its successors or assigns, for any la~d devclopvnent project located within t,',oad Impact Fcc [)istrict One. Thc opinion of thc County Attorney's Office is to limit thc assignability of the Impact Fcc Credits. FISC,,kl. 13,1PACT: Thc appraised vatuc of thc Developer's Contribution is S130,000 and crcdits to thc Dcvclopcr shall be issued against Nc)ad Impact [:cc District One Fund 331-163650. 0 V 1 0 Said credits are not anticipated to adversely affect tile cash flow or ]ic!uiditv of tho f'unds in thc Road Impact Fee District. GROWTtt blA~N_'AGE~jENT IMI'ACi_T: Granting of the impacl Fee credit and execution of the Developer Contribution Agreement ,,,,'ill prcp:idc For thc construction of neccssar5' inFrastn~cturc consistent v. ith the County's Grov,,'til Management PlaT1. t?J:X. LO_NIMENDATION: That the Board of County Commissioners: 1. Approve the impact fee credit in exchange for the Comribulion: 2. Approve thc Developer to transfer thc impact fee credit for an',' land development projccl in Road Impact Fee District ©tlc; 3. Authorize the ('hairman ta cxccutc a I)cvcl¢,pcr ('ontribution AgrccmclV. c,n behalf of ~hc ,~t,ard of County Commissirmers; and 4. Approve any and all neccssa0' budget ame:ldn~cnts. S U B M ITT E D B '~: __t_o;_u_zN~5LoJ. L_Sg_uJ_o_rS~.~s_~L--mt.L, , Real [~peny Mana~cmeu~ .. ,f ,~7 / ,." .. ,-~ /~,-;;~ ,/,' ,'" 2; REVIEWED BV:~._ Edward J. Kanl. P.E.,'~a~spomation ~' "' 3c~ccs Dircctor REVIEWED g'" ' ~:'~ ~';'~': - Ed,~schncr. ublicWorksAdmjniz~rator r),,\TE' ': :,,: iS NOV 1 O 1998 PG., '.~, DEVELOPER CONTRIBUTION AGREE.",IENT THIS DEVELOPER CONTRIBUTION :\GREEMENT (hereinat'~cr referred to as the ".-\greement"~ is made and entered into this da,.' of 1998 bv and between COLLIER COL.'NTY. a political subdivision of the State of Fh)rida (hereinafter referred to as "Count?.'") whose mailing address is 3.301 Tamiami Trail East. Administration Building. 3": Floor. Naples. Florida 34112. and COLLIER DEVELOP.\lENT CORPORATION. a Florida corporation, its suc:.:t:~;s(~rs and :~ssit:ns ~hercinaf~cr referred to a~; "Dc'.'ch>pcr"~ v.'hosc mailin,?.. address is 3003 Tamlarni Trail North. Naples. I:i,)rida 341,'i3 R EC IT.,\ I.,ql WHERE,\S. Developer holds fee simple legal title to :he real pro[>erty (the "ProperLy") located in tine ur:incoq~orated area of Collier Count':. Florida. said Prop',err>' helm: described in WHF_RE.,\S. I.)esel }leer rcpresen:s that r~o (q~Ii~ation ~:r undcrtakl:~.!: hereunder is barred or prohibited bv :.ia,.' contractual agr,.-cmcnt with ::nv other pete;on or c.qtitv: and WHEREAS. the State of Florida Departn":en: of-I'rans?ortaru,n ," I:I)(?.T ' ~ :lad (Tc,,lntv nrc desirous of making irnpro;'cmcnts tr,, U.S. I!i.~:hwav 41 ITzmiiami 'Frail >;or:h,. from thc ;'icinitv of' Gull' Park Dn,.c north re', ©lei l l.S. 41 i(:. R. 83'7,..~ah2 l:npr,,,.~..mur'.::, t,~ :r:ciud,,: I;rc:vision c,,i' a water management detention area, fi'~r thc widening ()f l..'.S, l lighway 4.1 on a _: acre portion of the Property owned b;' Developer, more particularly shown in Exhibit "I:3" which is attached hereto and made a par: hereof/said. ±.:" acre portion of the property hereinafter referred to as thc "Contribution"): and N0V 1 0 1998 PG. WHEREAS. FDOT has informed Developer. the Collier Coumv M PI). and Collier C~mntv ,,hat in order for said widening improvements r.o be a,:cctera~ed in FDQT's adopted work pro,ram. the cooperation of adjoining landowners is required and '.viii result in subs[anual cost savings' and WHE~AS. ~e panics [o this A~reement acknowledge that the Road Impact Fee Credits established under this Agreement shaI1 mn wi~ the Prope~y. shall be assignable by the Developer [o any specific projects of the Developer in ~e County's Road Impact Fee District One. and shall ~ reduced by the amount of the Road Impact Fee due for each buildin~ permh issued thereon. until all such Credit has been exhausted: and WHER.EAS. County R~'~ad [mpac~ Fc~: Ordinance N~. 02-22. as amended, requires that thc value of ~c C,gntr~Sutior~ shal~ be based upon an appr,~i:~ai , f fair market ','slue. ;~rzci WHEREAS. Developer has caused d:c fair market value of thc C~ntribu~ion ~c', bc appraised ac~ov,'Icdge that dm value ~s derived from ;m ;tnalv~ts ~,t' c,~rnm:trablc s:~l,:s ~t ~imilrxr pr,':,pcrrics. between unrelated partm.s in a bargaining rransactien: anti WHEREAS. tt~e pa~ies ro ,h;,. ,s ..... -X?~e~-nent acknowledge Road Impact Fcc Credits shall be a credit only a~aiast Road [mpac: Fits. and [hat such Credits shall nut ~ffs,zt. diminish or rcdticc the developmem of thc Propc~y: and WHEREAS, ~c Developer is willing to assist FDOT and thc County in accelcratin~ thc needed improvements in FDOT's work program in ruturn for certain assurances by [:DmT and County having to do with tm~ing of thc widenint improvemems and that development of the Prope~ can occur in accord with previous 2nd ~turc approvals of the County and that said I NOV 1 0 1998 PG. "Contribution" ,.','ill quali~' for Road Impact Fee Credits in accordance v,'ith Countv Read Impact Fcc Ordinance No. 02-22. as a;nended, and other Iav,'. as :knher detailed herein' and WHERE.-\S. such proposed plan is in coni"ormitv ,.vith contemplated imFrovcmcnts and additions to the trm'~sponation network: and WHEREAS. such proposed plan. vie,.ved in conjunction with other exis~in.t4 or plans, will not adversely impact the cash tlov.' or liquidity et'any Road Impact Fee Trust .-\ccount in such a way as to frustrate or interfere with other planned or ongoing growth nccc:4sitated capital improvements ',,.md additions to t~t: tran~;portation network: and WHER['7:\S. such prol;nsed., plan. viewed ;n ',:nniunction '.vi:.h ,:~ther c',',,'ti.,,..'-, :3r pre, posed plans, will not. cr,,zate a detrimental imbalance bct',¥ecn thc after:al ;tn,.! collcc:,,r :'¢~ad'.vav:4: and 'O;J--!ERE.-\S. ihe prop,3scd plan 4:. cc,nslstc?,: ',,. iii; thc pt:bile interest: and WHERE.,\5. th,,:' parties to thi:, .-\zrce:nent acknewlcdge tha: tine /'ailt:re ,.)t' t!'~is .-\zrct:ment to address an": pcr:;'..~t, condition, tcr-m or restriction sha]l not ruler .... id]t.,, .... ,.. ,,r tnc:r 5 ~ccc2s')rs of the necessity' ofcornpl,:'ing with a::v lax,., ordinance, r'~:ic ar regulation gover'nip, g .~aid perrnittin~ requirements, condizions, terms or re~,trictio~s: and WHERE:\S. the pa?ties to this .-\fzreemcnt~ acl:~,~wlcdgc that ti~c t;,.,'rdcr:s a:~d hone",~t.,~ o;'this Agreement shall be bindin~ upon and shall inure [o thc successors in irncrcst Agreement: and WHEREAS, the parties to this :\grecmcnt acknowlcdzc that this Agreement is not to be constn~ed as a development agreement under the Florida Local Government Development Agreement ,Act. AGE A NOV 1 0 1998 PG. ~ WITNE55ETH' NOW. TItEREFORE. for and in considerati,-~n of thc premises and rcspc:::~','c undcrtakines of thc parties hereinafter set forth and the sum.of TEN DOI_L:\RS ~510.0©i. and ,)thcr ~.:o,>d and valuable consideration, the receipt and sufficienc':' of ,a'h~ch are hereby mutually acknowledged. it is agreed by. between and among the parties as follows: I. The above recitals are true and coffee: and are herewith incorp~0rated as a part this Agreement. 2. FDOT has reques;ed 3n:l the l)c'.'e!nper ~s in the process ,~1 negot~at~n~ an agreement :o dedicate :,? FD(;'I' the (',>ntributir, n '.t'htch ,:,;,r:sist* ,'f-'-2 acres ,:~;' iand t'nr a ....... -.,e,,{, described herein in the Ordinance oo.~? as aracndcC, for thc fair marks: value c, fthc ac ...... e . am,:>unt s~t ,~ .... in P:tragraph ~i 5. I')=velopcr shall provide }:DOT'xizh an atttc, rnev's ,pin~{',n as t,, thc rcc~ord titic holder cf the Propcrt':'. which c:pinion shall also identify any ticnhf>ldcrs ha,.'ln{2 anv lien nr encumbrance affecting ~e portion of thc Property known as the Contribution. Developer shall cr~nvcv t{) the [:I)OT. via Warranty Deed and free of all liens arid encumbrances, the Contributirm, rn,~rc particularly described in Exhibit "B" hereto. Said Wa~anty Deed shall be delivered to the FDOT by thc Developer within thirty days of thc date of ~is Agreement. and a copy of the recorded deed will be provided to the County bv Developer. ,0 N0¥ 1 0 iq.q8 This .Agreement shall be effective on the date it is executed by said Developer and the County. 6. Upon recording of the deed and acceptance of thc dedication b,.' FDOT. thc Collier Development Co~oration shall be entitled to a Road Impact Fee Credit in the amount et' ONE HUNDRED THIRTY THOUSAND DOLLARS ($130.000.00~. 7. Upon closing, until development of the Properu' is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero ~'0'). the Count.',' shall apply portions ,>f the Road Impact Fee Credit toward the Road Impact Fees which the Developer ~s required to pa.,.' for each building ?:remit which is applied for on the F-'rc0perty. or :is provided in Paragraph 8 herein, reducing the balance of the Road Impact Fo'.: Credit bv thc same al;:c~unt due [or t:ach building permit so issued. 8. Ail Impact Fee Credits grantect t,~ ,_'ither De,,..'Ioper iqcrzur~dcr sl',ail be assignable in xvhole or in part to any st~ccess('~r r;: assign dcsignaled by said I)evc!c~pcr. s,abjcct lo credit application within Road Impact Fcc District ()ne, as defined in t)rdinar;cc 02-22. :\ppcndix F,. as amended. In addition, such Impact Fcc Crcdi!s ma,.' be used t'v lDevel~nper, its xucccssc}r er assigns, for any land development project in I-/c~ad Impact Fee 1)istrict One. 9. County shall provide Developer with a ccrtiticd cop>' o[ this ..\grcemcnt. including all exhibits attached hcreto, such that Developer's certified copy of Exhibit "C" (Road Impact Fee Credit Ledger). shall serve as the ledger sheet to clocumcnt Developer's balance of Road hnpact Fee Credits. 10. This document inco¢orates all agreements or understandings applicable to the mauers contained herein, and ~e pames agree that there are no commi~ents, aoreements= . or understandings concerning the subject matter of this Agreement that are not contained in this AGE A PG. Accordingly. it is agreed that no deviation of the terms hereof shall hc predicated upcm any prior representation or agreements, whether oral or written. It is t~hcr azrccd that no modificati ~endment or alteration of the te~s or conditions contained herein shall bc contained in a written document executed with thc s~e tb~atit',', and of equal dignity herewith. 11. ~is Agreement shall be governed and const~ed in accord~ce with the Laws or'thc State of Florida. 12. Upon xwitten application made unto the County bx thc D,zvclopcr. Count',' shall. within sixty ~60)dax'~. refund te :hu I)eve!opcr thc lmpac: application shall include a ~crtificTtion made hv thc l)cvci~pcr that aii ,icvui,)prncnt subicct t,.', thc District tg~c a;;d provided It does n,'~ advcrsciv aI':~'c: thc cash :]n~, ,',t said R,.~ad lt~pact Fct? [. is,..c, account: [wo,.'~dcd. ht:~v.c','c;', not'.vithslanding Ibc ;'orc~,)~nu. thc rzl'und :;hal! bc paid. t(> Dc,'clopcr no later th~ five year5 from the dale of Developer's application. 13. Cotmtv shall record ti;is Agreemcrit in file nuh!ic records of Col!itt County. Florida. within 14 days nI' its execution b,v the Chairman of thc beard L~f'Countv ('c~mrnissioncrs. 1,. Either party to this Agrccmcn: rna', Court of Collier County. Floricta. tc~ enforce tho ~crms ;tad~,,,,,,~' -'~:tions of this Aurccmcnt.. said remedy being cumulative with any and ail other remedies :."ai.ablc t,., thc parties I;:,r cn/brcemcnt r,I' thc Agreement. 15. This Agreement may be ~nendcd or canceled only by thc rnutual consent of the paroles to the Agreement. or by their successors in interest. NOV 1 0 19.q8 PG. ,, '3' t6. This written ,Agreement. including all exhibits attached hereto, shall constitute the entire a~reement and understandin~ of the ?armies. and :here are no prior ~}r contemporaneous written or oral agreements, understandings, promises, warranties ,or c~vcnants not contained herein. ' N IN WIT. 'ESS WHEREOF. the Count',,' and the Developer have caused this Developer Contribution Agreement to be signed on the day and year first writ,,en abovc. NOV 1 0 1.q.q8 PG. / SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: W'ITNESSES: Printed Name / Printed Nam~ COLLIER DEVELOPMENT CORPORATION. a FIorida corporation j EFFREY ./X,K ~3IRR ".'ice Presiaent STATE OF FLORIDA COUNTY OF "' .... (.,)I_LIER The foregoing Instrument was acknowledged before me this "fl.b"~da,. _ . 1998, bv Jeffrev hi. Birr as Vice-President of Collier I)evclapment Cor?or?.tion. a Florida corporation. He is r2erso___r.~?!y kn,.uvp, to me t,r who has produced as identifica~:c.:~. (Affix Scal~ NANCY LYNN HALL COb,eaJS$1ON ~ CC 6,~0455 ~m~,ES JUN 24, 2001 ~ .'~,~. gED TH~U AT? Nz''7 50~I3~NG CO,, I~. Signature or' Notary PuNic Printed Name of Notary Notary I~bii...: - State of F'lorida c,, mm x o- ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk Approved as to form and legal sufficiency: Heidi F. Ashton ~ -- Assistant County Attorney G:',USER$~DAN'~co[licr ~ntcr~r:sc~ DCA\DEVCO?,'AGMREV '.',pd BOARD OF COL .'NTY' CO.MMISSIONERS ()F COLI.IER COUN'FY, FLORII)A B A R B :\ R,-\ B. B ERR Y Chairman NOV 1 0 1.qg8 PG. EXHIBI'I' "A" PARCEL NO. I A PARCEL OF LAND LYING IN SECTION 2!. TO\,\ .'NSHIP 48 SOUTH. i'L-\NGt'[ 2! [lAST. COLLIER CO[..'NTY. FLORIDA, SAID P..\RCEL OF LAND BEING MORE P:kETICUI.AtlLY E)ESCRIBED .-\S FOLLO\VS' COMMENCFNG AT THE SOi.;T~IE.-\S'T' CORNER OF SAID S[iCTIG>: 2 l: TiiENCL: NORTH $9°50'30'' Y/EST .-\LONG THE SOI;T}!F_RLY [.INE OF THE. QUARTER ,,SE i/4) OF SAJD .SECTIO.x4 21 ['OR .\ DISTA:4C,r:. {)F 995.63 Fl'lET: LE~,VI.",;G SAID SOI.'THERLY [.?4E :',,'©FhTli 0,):,'i]9'30" E,.\S'I FGP, A DISTANCE OF !C)0.00 FEE'/TO .-X.,, r.,, l-r:R..~.....'l'iO.~.; \vI'i'}i .x i.t:,t:.; O0.OO r ~::t:T NOIr. F~ !Fi'fLY (-)1: P.,\?~4L£,EL \Vi'Df 'Fife SAiD SOL'TI iER[. '[ i.I:4E ¢-9[-' TIlE 5r ~l.'Tt iE,',,%T QI i,\R'I'i'4R (SE 1/4) OF S ECl'lO>: 2 I. TI iE P< )I.",;T G :: BE(il';,4,'<i :;() GF TI ll:-i [ {[<I~..EiN DL: 5(5 RIB ED P.-\~CEL NO. !: THENCE NORTH ,%9°.~0'.50' WES'I ..\ ! . () :,: (i 5..':!!) F'..\ R..',.!..i.li!. I..!X ~: I:'( ~i4 .\ f')!S T'..",NC;:. 166! .26 FEET TO .-'~N iS:'r.'F. RSF. CTi()N \VI Fft .\ ;_i>,'l! _~0./)(~ i.;:E'[ i:..\S'I'!'![t;.'~" ()[: AND ?,-x?..,,,Lr. Er_ \\-['r!-i 'ri-I!-~ !7..',,:-;'r't:i.',i.'~' r.1.',:!i c')}: TI ti.. :~)r "ri t',:,~'!i 5'!' c.~[ '..x i~.'r~-:[~ ,: s'..',,' i.4) THENCE .X:QRT! I O! "52'25" ',:x'[-]S'[' ..\L¥,'N(, 5..\ii) i'..\ [(..\!.l_Ei. i. l:<I{ [:~>l~ ..\ i)IS'!'..\NCE ()F 440.86 FEET: THENCE LEAVING SAID I'At<:\I..I.EL I.INF S()L'TiI 88:27'37" \~,'t(S'f FO)l< A I)IST..kNCE OF 30.00 FEET TO .,\>/INTERSiSCTi()N \\'ITit 'Fl II-~ SAID E..XS'Ft!RI.'Y I.I?<t{ Of.' TI IF-] SOUTHWEST QUARTER (SW 1;4.~ OF SECTION THENCE NORTH 01 °$2'23" Vv'L:ST AI.()N(i 5.-\iD E.-\S'I'ERI.Y !.I7t! FOt,~ .-\ I)IST:XNCF. OF 890.00 FEE1'': THENCE I.EAVIN() SAID EASTERLY LINE NOR'I-'It 89'-~1'48" WEST AI.()NG ,,\ I.INE P..XtL,,\[.I.F.I_. \VITH THE SOL'TI IER[.'f L~N't-] Gt- SAID S¢~I.'Tf I\VF. ST QI.'AI< I'I:.R OF SECTION 2t [:OR A DIST..',.NC[! OF ! 5.":O.q,q Ft:I-;'[ '1'~') .-\N INTi.:i,LS't!('TI( ):,' \\TI l-I THE [-]ASTERL'Y LIN'F OF TI fE W[:.?I' O.X't.i-t IAi.i: ,' ',,V:: ~ ('ii-' Tt ti{ \.-',,ii) $(-)l 'Ti ©UARTER (SI\" 1.4) OF S[-.'CTION 2!: THENCE .N'ORTH 01 ':52'-17" \',,',:!ST :\l. ONfl SAID ii..',.S'[ERI.'V I.[N'[:. F()R A DIST,,\NCE OF 621.76 FEET TO AN INTERSECTI()N \VI'I'll A I_.INE 399.71 FEET NOWI`'ttERLY OF AN[) PAi:L, XLLEL WITH THE SOUTttERI. Y I.IN'[i OF TIlE N'OR'['tt ONE-HALF (N '/:) Gl: SOUTH ONE-HALF (S '/:) OF DIE NORTHWEST QUARTE[~, CNW I,.'4) OF TtlE SOUTHWEST QUARTER rS',,\" 1.'4> OF SAID SECTION THENCE SOUTH 89°57'13'' \\.'EST AL©NG SAIl') [L-XP.L-Xl..I_EI. [.IN[:. FOR A DISTANCE OF 1.304.52 FEET TG AN' i'N'FERSECTION WITlt A [.I;'x'E 50.00 FEET EASTERLY OF AND PAP~XL, LEL WITH THE WESTER[.Y LINE OF SAID SECTION 2I, SAID L!NE BEING THE EASTERLY RIGHT-GF-WAY LiNE OF COUNTY RGAD C-901; THENCE NORTH 02°13'17" \VEST ALONG SAIl) RIGtTT-OF-V','AY I_l.X,'E FOR. A DISTANCE OF 147.3.46 FEET TO AN INTERSECTION \\qTH A [_lYE i752.45 FEE]' Page 1 of 4 NOV 1 D ~qq~ J / r-~_ _.! SOUTHERLY OF .AND PAP,_-q. LEL WITH THE NORTHER. L':' LiNE OF SAID SEC'FIO.X; THENCE LEAVING SAID EASTERLY RIGHT-OF-\VA'f LINE .x,'ORTFI 89:5_~'45" E,-\ST ALONG SAID PARALLEL LINT FOR A DIST,.\NCE OF I_<,98._<0 FEET TO A."; BiTERSECTION WITH THE SOUTHERL'r' LINE O[: BL'LK,qEAD LINE NO. 2 AS PJECORDED IN' PI.AT BOOK i. PAGE ]6 OF THE PUBLIC RECOP, DS OF COLLIER COUNTY. FLOR_IDA; THENCE SOU ~'iq-l, 20:50'21" EAST .-\[.ON'G SAiD I.INE FOR-\ DIST..',,NCE OF 3'7.72 FEET z O A ~ 'o ~. ' t O F (t UE V A TU RE: 'I,%'ENCE SOUTltERLY, SC)L'THEASTEP, LY. E.-\STERi.':'..x'ORTIiEASTEt'tLV AN[) .";ORITiERLY CO.NTi.X;UP,~'G ,\LG:<G SAID LiNE .-\.x,'I)AI.O>;G SAiD (Uf<VE. CO.";CAVE NOR.'FHERLY, H..\\,'INfi ,.\ P,..\DIUS OF aO0.6r~ FEi{ F. A C,;-_'.x;TR..\I. ANG[.E OF 157:43'~0" FOP, ..\N ,aRC DIST.-\NCE OF !101.17 FEET TO .-:. P()IN',r' OI: Rf:VF~RSE CURVA~_'RE: THENCE ,~','ORTHERL Y, NOR'Il !E.-\S'I'ERL Y, F...xSTER L'f..-\.','D S()I_'-I't-IEASTERI.,'f CONT'I:.;I.'i'NG .-\LONG SAIl) I.INE ,.',,?;D ,.\LONG 5..\!D ('UP, VE. CO.x:C..:,','i! SOi.U-HEASTERL'¥'. tL,\'v'I},'C, A P, ADii.'S Of 50~) 00 FEi:.T. A (2E:,'TRAI...\}(Oi_,i.! OF 124'=!6'03'' FOP, AN ,.NRC DISTANCE OF. ':i)84.44. FEET TO A P~i~IN'T OF TA>;GENC'~': TTHENCE SOUTH 53:5,V08" L:..,\S'I' ,r.'OR A DiSTA.",'('E OF 505.81 FEET Tt) I.x,"I'ERSECTION \VITtl 'i-i{£ WES'[ERL':' LI:,,'E r}!: LANDS DESCRIBED ;.xj OI.'FICI.,\I. ~ECORDBOGK i355. f'AGE I Oil.?UBLICP, i:(.'ORDSOFCO!_LIEitCOi.':,'Ty. FLORIDA; THENCE SOUTH 00=39'10'' EAST AI.O.X;G SAIl) 'A'ESTERL 5' LLNt-] D-)R .,\ DIST..\ NCE OF 10~6.03 FEET TO ',ri IE .5()IjTI-tWEST COR:','ER GF SAID LANDS: THENCE NOt",Ttf S9:20'50" EAST ..\I.ONfi Tt-IE SOt.'TtiEi-~I.'f I. INt{ Of S.,\iD FOR A DISTANCE OF 50.00 FEET TO AN INT!tRSECTION \\'tTi t '1't!t'~ \VFiSTERL'f OF WALKERBII, T RO..\D AS DESCPJBED IN I)EED P, OOK 33. t'..\GE 279. PUBLIC RECORDS OF COI.i.tER COIZX"I%'. THENCE SOUTH 00°39'10" EAST ALO?,'(} SAiD \Vt.tS'I'ERI.'f I.I.',:E i. GR ..\ DIST.,\NCtt 60.00 FEET TO AN I.'X,'Tt!RSEC'FION ;'~TI'II 'l'!tti SOL'TI tERLY I.INii ¢)I-SAIl.) \VAI.KERB!I.T RO.,\D: THENCE N()ltTt~ ,S9:;20'50' EAST Ai.O?;G SAID .SC)l "1'I II:iRt.\' LINE I:~)R :5 DISTANt;fi! OF 600.21 FEET: THENCE NORTH 89~21'48'' E,,\ST CO,'TI.X,'I~'I?,'G ALON(i SAID SOl?Fl IERI.Y I.I.x,'E FOR A DISTANCE OF 731.07 FEET TO Ttlti .x,'ORT!t\VEST CORNER OF LANDS DESCRIBED IN' OFFICIAL RECORD BOOK 1210. P..\GE 1672, t'I.'BI.IC RF_CORDS ©F COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°-~3'07'' EAST ALONG 'File \VESTERLT I_[NE ()F SAID LANDS FOR A DISTANCE OF 300.00 FEET; THENCE NORTH 89°21'48'' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DIST..~.x,'CE OF 300.00 FEET TO AN IN'FERSECTION WITH THE WESTERLT RIGHT-OF-WAY LINE OF TA.XlIAMI TRAIL (L'.S. -:1. S.R. 45); THENCE SOUTH 00043'07" EAST ALONG SAID \VESTERLT R[G}-tT-OF-\VAT LINE FOR A DISTANCE OF 1010.73 FEET: Page 2 of 4 1998 THENCE LEAVIt,. :G SAID \VESTERL.X,' L.I.";E HOP, TH OF -~42.82 FEET; THENCE SOUTH 45:09'30" WEST FOR A DISTANCE THENCE SOUTH 00°09'30.. WEST FOR A DtSTA.XiCE THENCE SOU'I'H 45=09'30'' ~.'E.ST FOR A DISTANCE THE?,;CE SOUTH 00°09'30.. \VEST FOR A DISTANCE THENCE SOUTH 45:fig'_~,q'' WEST FOR A DISTANCE THENCE SOI,'TH 00°09'30" WEST FOR A DISTANCE '..VEST F/7;P, .-\ D!ST.-\.','C!:'. OF I5 !.26 FEET. OF 100.00 FEET. OF 200.00 FEET: OF 390.00 FEET: OF 190.00 FEET: C)F 338/)0 FEE-I' T() THE POINT OF CO};TAi:{IN(i 2(~1.649 ACRES OF LAND, ),lORE OR LESS. SUBJECT TC) EASEMENTS A.X;D RESTRiCTIC)NS OF RECGP, D. PARCEl, NO. 2 ..\ PARCEL r)F i..,\.x,',r) [.','IX'() IX SEC!'i;-~N 21. T* COLLIEP, COU.',:-/~ Y. ~ [.()RiDA. 5AID PARCEl. OF DESt_RIBE~', .', < CO:q.MENC[.';(i ..',,'[ '[']![i 5~'()ltT}ili..\ST NORTHERI. Y L[XF. Of: SAiD S()UT~iEAST FEET; 'rilE\CE LEAVING SAID NOlt'l'tfERl."f I.[NI5 XOR'I'tt (')0:40'47" WI~ST F()l/ A DISTANCE OF 12.87 FEET TO AX INTERSECTIOX \VITt-i Tf-iE XORTIIERLY [.INE OF WALKERBII.T RGAD. '[tie POINT OF BEGINNING OF 'i't tE t tEREIX I)I(SC'RIBED I'ARCE[. NO. 2; TIIENCE SOI.:TH $9:2 ]'4$" \VEST ALONG S.-\i!) .",'(')ttTt fERLY Ll.";li F()R ..\ DISTANC,E OF' 356,00 FEE'[' T(.-) .,\N [NTF. RSE(:TION \VITit A l.[.'x'E P..\R.-XLI.E[. \VITI[ TI IF. RIGHT-OF-WAY i.INE OF TAMIA.XlI TRAIl_. l i/.S. 41 - S. fi. 45 ): TII/NCE LE.-:,VING SAID NORTHERLY I. iN'E N()R'I'!! c}0:4rr4'-" \VEST ..\LONG SAID PARALLt':L [.,LN'E FGR A DISTANCE OF 5on. 13 Fi!ET 'l'C} ..\N INTERSI:_'CTION WITH Tt SOUTHERLY LINE OF BULKftEAD LINE NO. 3.,,iS Rt-Xi;ORDED IN PL..\T BOOK I. f'.-\(5I'; 16, PUBLIC RECORDS OF CGI.I.IER COUNTY. FLCoRIDA. BEING ,.\ POINT OF INTERSECTION WITfI A .'x'ON-TASGEN',r C'I/RV[i FP, OXI \Vt-lICIt T!-IE RADI!;5 POINT BEARS NORTH 20°56'08'' EAST: THENCE EASTERLY .-\LO.'x'© S..\ID SOI.'T}IEi'tl.'V I.IN'E AND ALONG SAID Ct/I<\'[:'. CONCA\"E NORTHERLY. [t.-\V .D,'(-i ..\ RADIUS ©[: ar)0.~in FEET. A CF_.'C'T'R.-\I. ANGI.!-~ OF 53°03'24'' FOR AN ARC DISTANCE OF 370.xi FEET TO A !'OINT'OF INTEP, SECTION \\:ITt t A NON-TANGENT LINE WHICH I$ PAR..XI.LEL WITH TIlE AFORESAID \VESTERLY RIGHT-OF-Vv'AY LINE OF TAMIAMI TRAIL (U.5. al - S. R THENCE SOUTH 00°40',17'' EAST ALONG SAID PARALLEL LINE FGR A DISTANCE OF 630.00 FEET TG THE POINT OF Page 5 of -: lqO¥ 1 0 1998 PG. CONT,~'I~G 4.790 ACI~ES OF LAND. MORE OR LESS. SUBJECT TO EASEMENTS ,a.,X4D RESTRICTIONS OF RECORD. G,.USERS'BETS'F wp$ ££CTIO."; ". E:,:}{ A TO DCA ',:d E.'~IBIT "B" SECTION 03010-2570 PARCEL 100 That porl2ion of ~J~e northeast ¼ of Section 21, Township 48 south, Range 25 East, collier County, Flcrida, being described as follows: Co:mence on ~_he no~th right of way line of Walkerbilt Road at the southwest corner of Tract 3. of the Cocohatchee River Trust P.U.D., am per plat thereof reco.~ded in Plat Book 18, Page 97, Public Records of Collier County, ?lorida7 thc_nee along said right of way line South $8'5~'04" West a distance of 202.74 feet to the POII~T OF BEGUilING; continue thence ~lo~]g said right of way lane South 88'59'04" West a distance of 153.62 feet; ~lence t;orth 00°54'20" We~t a distance of 593.17 fe~t to the mean high water line of the Cocohatchee River; th,_nce along said m~t~r line the following four (4) courses: 1) Sout~ 59"33'59" East a di~l:ance of 0.09 foot; 2) Soutk 6J"Sp'33" East a distance of 64.49 feet; 3) Sou~h 87~40~32" East a distance of 55.11 feet; 4) So[lth 83~07'47'' East a diz;tancc of 411.39 feet; thence South 00"54'20" East a distance of 554.93 feet to s~id right of way line of Walke~bilt Road and the POINT OF BEGINNi);G. Containing'2.000 acres. Date: Page 4 TOTAL F. P.~ N 0 V 1 0 PG, !~IPOU,",~'T~ rh~s Road Impact Icc (.':edi~ Lcd~:c: :~, mtcnd,:d Fee Credits appl?-in~ D.~'J,~j !o mc rcqh.~;n~ PARCEl. NC). I A PARCEl. OF LA,'.;D l.V.'I,',;G I."; SECTION 2!. COI.I,iER CO( 'NTY. FI.QP, IDA. 5. AIF) P,\R(]FL DESCRIBL:D ,.:,S FOLLOWS COMMENCh~,'G ,\1- File fiOI.:TIIF. AFT CORNER OF S,',.ID >;El_ i'iON 89°50'30" WES F ,\[.ON(; '[}!E qtX "I !!ERLY I. INE OF 'Fit!.: SI')I 'Ti SAID SECTION 2! FOR A .... )~..'Ch('E r'~F 99563 FE CT. ';'}tENCj~ LiNE NORTti 00~q9'30'' E.XS] [c)~ -x DISTANCE OF lq0 fin FI:.E] A L~E 10/).00 FEET NORTI!ERI y OF AND PARALLEL 'XTT~t THE SAID ~}lE SOU~IIEAST QUARTER ~5i~ i ;~OF SECTION 21. 'FI{E POINT OF BF. GI}.¢:ING HEREIN DESCRIBED P.,XRC~I. ~,r) ,,. SECTION 2 I. ' 440.86 FEE7': (SW t/4)OF SAIl) SE('TIC~:'; 2!. PAP, ALLEL V,'I[}{ TI}ii NOP,'I!iERI.Y [.}N[:. ( q: $.\l!i Y!:r"?[~)); ' ' TIlE PUBLIC RECOR,r)s OF C'()I.LIEP, (.'OI;NT'f. ? POINT OF CL'R\'ATURE. }lAVING A RADIUS OF 40000 FEE'.[, .,\ CENTRAL ..\NGLE cfi ' 5:'-;; ~,':" DISTANCE OF 1101.17 FEE]' Tr).,\ ,POi,X,' F OF REVEP, S,~i CL'P,'C.x i'l THENCE NORTItERLY. NOR'.['} IE.-kSTERI,Y. EASTERLY...',:;D SOl.' 1 !,:E..\5'i CONTINUrNG ALONG S.,\ID LINE AND ..\LCIN() SAID ('I 'P, vE, CnN(:..\','[i qr'~ "~: .\~ r;: ..... HAVING A RADIUS OF 500.00 FEET. A CENTRAL .,\:,'('il.E (IF !24¢i6'07'' Fc',P, ..\>; ..\ p,(' DISTANCE OF 10S,I.44 FI!ET TO ..\ P(~I.X:T ()F THENCE SO[;'1"!153°5S'08''EAS'r FC)R..\ ) ST.','<CF<,FFt:! Y] FEE! ~O .\' I INTERSECTION WI'HI File WESTERLY [./NE OF I.,\NDS BOOK 13~5, PAGE IOII.PUB[.[C RECORDS OFCC)I.I.[ER ('O(.'NT'F ~[QRt[)A. HENCESO[:Tll 00'39'10" EAST ALf)NG SAID WES'IFR Y 66.0.'t FEET TO-ril~ SOD'ri{WEST CORNE[LOF SAI[~ I.&NDS, ' ..... IENCE NORDI a9 20'~0" EAST ALONG 'Dic SOL'T~tERLY I.[NE rq S..',,i~) LANDS FQR .% DISTANCE OF ~O Off FEET TQ AN INTERSECTION ',VITIi WALKERBIL F ROAD AS DESCRIBED IN DEED BOOK 3J. PAGE 2'a, PU[H.IC RECORDS ()~- COLLIER CO~;NTY, FI,ORIDA: THENCE SOUT[I 00~3o'I0'' EAST ALONG SAID WESIER:.Y LINE FOR A DISTAN("[: Q[: ,n .:, FEET TO AN INTERSECTION ',k'lTl~ ['}[E SOI/'FIIERI.'f THENCE NORDI ~9'20'~0" EAST ALONG SAID Sr)L"UIERI. Y LINE FOR A DIS'lANCE FEET; TiIENCE NORTI{ g9~21'4S'' E..xS] CONTINUING ..k[])?-,(} SAIl) SQI."I}I[Ri.T i.i~.F lr',R A DISTANCE OF 731 {}7 FEET TQ 1lIE N()R]'iIWEF F OFFICIAL REC()P.D B()()K 12 ItL PAGE 16~2. PL'i~LiC R[],~ORDS ()! (Y)L [.iER Ct)UN F':'. FLORiDA: THENCE SOUI'I{ 00~4YG7'' EASF Ai.ON4} THE '&'FS'D-.RI.Y DISTANCE OF 300.00 FEET; DISTANCE OF 300.1)0 FEET TO ,.XN P; [ ERSFc'FiO>; RIGJIT.OF. WAY LiNE(~I:T.,XML,?.:~ iR.x;;, r':.; TItENCE SQU'FH 90"~)'07" EASi Ail ~);(~ 5.\.Il') 'A'lzS i'~(i~.l '~' Ri(}}II-~ )1.'4 \':' [,i'.l( [, ~< .',, DISIANCEClI: ~OlOV3 FEET. THENCE LE..XVIX:(} SAID 'A'E% r FRI.',' LiN[ ~;OP Iii 'IiIENCE SOL'IIi,15m'~ ~u' ';,liS; f;q~ A [H:',[..x>;~;L ~ ;f: TItENCi:: SC)UIIt UO'O'r?.9' WI:El FOR A i)!S'!.X);, 7E GF ;',0 ;)q FFi.'i TJIENCE SOl/TIt 45:O0'30" WEST FF)R A D;S'TA?;f E (;[ ]r,O ,;'7, l. lth:. DIENCE SOI_;T}~ IjrP0')'3,)" '&'fiST FOR ,X DiSTA?:,' EGINNING; ~O}'/,x ,',,~ 2~:2 g,~r~ACRES~d. }.,',..';D,,M~,Rh,~q; ;]:%5 I',\Rf'[l,5~). 2 APARCEi. OF I.ANDI.'fh";Gf,';St:("II~N £:. i(]V. NSiiiF'.:X St~! ;i!. P.',.'.~ i!: :5 !..',.b;. COI. LIER COL;NT't'. FI.ORJD.,V SAil; P..\i".('i{: ,~ i .',':;~ i;i:l~';~: ?,;.'.! P.',.P. 7:(" ;-\i.': 'r' DESCRIHEI) ,\S LINEOFTAMIAMITRAII.(~;S 41 -$ R a5 ~. TItENCE LEAVING SAID N()RTitERi. Y I.iNE NI.)l{ ltl LINE FOR A DISTANCEOF 599 I] FEET'FQ AN INrERS5:.c. BULKHEAD LINE NO. 3. AS RECORDED 17,; P[...\'I COLLIER COL~TY, ELORIDA. BEING A POINT[)[: [NIERSEC'TICoN W['NI A N()N-TANGENI CURVE FROM WItICH THE RADIUS POINT BEARS N~ ~[C[ THENCE EASTE~Y ALONG SAil) SOUTHERIW I]N[: ANI) ALONG SAID CURVE. CONCAVE NORTHERLY. HAVING A ~XDJUS OF aO00O FEET. A CENTRAl. ANGI.E QF 53=03'24" FOR AN ARC DISTANCE OF 370.41 FEETTO A POrNT OF rNfERSECT!ON WIT}{ A IS PARALI.EL WITH ~-tg AFORESAID ".VESTERI.T R~CS}tT-(fi:.'4'AY .S. 41- S. R45): NOV o D~T£ NOV 1 0 19.~8 PG. /'------~ EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGRt:;EMt:~NT WITtt OCk;AN BOULEVARD PARTNERSHIP SOUTH, LTD. ("DEV'EI~OPFiR") FOR TI lE CONTRIBUTION OF LAND TO Tt-tE FLORII)A I)EPARTMI~NT OF TILt'xNSPORTATION ("FDOT") FOR RIGHT-OF-WAy AND DRAINAG}~ NECESSITATED BY THE WIDENING OF IJ.S. HIGHWAY 41. ~'[I~L: To obtrfin Board ~U>prr)val fl)r a Dcvch)l)cr C{mtriimtio:3 Agreement between Collier County and thc Dcvchymr For thc contribution of land to ?'I)()T for r~ght-oF-xvay and dra~na~<c ~DJ~-~l~QbLh: ()rdin;mcc No. 92-22, ;~:~ ~mmndccl, Sccticm 3.06 provi(tcs For thc establishment of a "development contribution credit" against road Jmpac~ f~cs Jlllp{3sctl tllldcr Section2.01, in return tbrcertain donationsof'rcquJrcd lands. Under thc provisions oF thc abovc_ referenced Ordinance, when thc Transpo~atio~ Se~'ices Director approves thc dedication of said land as being n,2cc':;sa~, tier t}2c construction of Collier County "transpc, rtation network" improvements, thc Director m%.' ask thc Board of County Ccm'm~issioncrs ~o approve a Dcvclopcr Contribution/xgrccmcnt whicl~ uill establish a credit against impact fees otherwise pr?able for thc devclopmcnt of thc parent parcel from which thc dedication came. Collier County anti FDOT are desirous of making improvcmcnls to U.S. l tiglm'aiy 41 (Ta:niami Trail Nomh), fi'om thc vicinity of Gul/'Park Drive north to Old U.& 41 (C.R. S87). Thc improvements arc to include the provision ora Right-of-way Easement and Drainage [!ascmcnt areas necessitated by thc widening of U.S. Highway 41 on a 1.6085 acre portion of land owned by thc Developer (hcrcinaRcr rcfDrred to as thc (.ont~but on ). Thc Dcvclopc, rshall deed thc land contribution to FDOT upon recording o¢ thc Derek)per Contribution A*~rocmcnt in thc t'ublic Records o[' Collier County, Florida. ~ CoLlt~ty i!~oad Impact Fcc Ordinance No. 92-22, as amended, r'cqt~irc:< Iht valise ()t' thc ('(mtr/bution bebascd upon an appraisal of markct value of thc Contribution. Co/I/cFC:otmtM~md thc I)cvcloper have caused thc market value of the Contribution to be appraised. Both parties acknowledge anti accept that thc value of the Contribution is Three thmdrcd Fifty-Seven Thousand ($357,000) Dollars, as derived f?om an analysis of comparable sales of similar properties, between unrelated pa~ics in a bargaining transaction. Thc l)cvclopcr is requesting permission to assign thc Impact Fee Credits to any of ils successors or assigns, For any land devclopn~cnt project located within Road lmpacl F'cc District One. The oi-finion of'thc County Attorney's OFfice is to limit the assignability of thc impact Fcc Credits. 1998 FISCAL IMPACT: The appraised value of the Developer's Contribution is $I 30,000 and credits to the Developer shalI be issued against Road Impact Fee District One Fund 331-163650. Said credits are not anticipated to adversely affect the cash flow or liquidity of the funds in the Road Impact Fee District. _GROWTH MANAGEMEN~_IIM.,p~:~T: Granting of the impact fee credit and execution of the Developer Contribution Agreement will provide for the construction of necessary infrastructure consistent with the County's Growth Management Plan. LLE_Q.C)_3. IME~D_A.TIOh: That the Board of County Commissioners: I. Approve thc impact fcc credil in exchangc for thc Contribution; 2. Approve the Developer to transfer thc impact fee credit for any land development project in Road Impact Fcc D/strict One: 3. Authorize the Chai,,man to execute a Developer Contribution Agreement, on behalf of the Board of County Commissioners; and REVIEWED BY' 4. ,,\pprove any and a!] necessary budget amcndmcnts. SUBMITTED B Y:_'LonJ Real ~mpen5, Management eepa~ent REVIEWED BY: Edward J. Ka~.E.,~~nation Sec'ices Director Ed Ilschner, Public Works Administrator NOV 1 0 998 ] DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of and between COLLIER COUNTY, a political subdivision , 1998 by of the State of Florida (hereinafter referred to as "County") whose mailing address is 3301 Tamiami Trail East, Administration Building, 3":: F!oor, Naples, Florida 34112, and OCEAN BOULEVARD PARTNERSHIP SOUTH, Ltd., a Florida limited partnership, ~ts successors and assigns (hereinafter referred to as "Developer") whose mailing address is 26,00 Golden (...]ate Park,z/ay, Ste. 2©0. Naples, :--cr da 34105 RECITALS' WHEREAS, Developer holds fee s;mpie legal title to ',he real property (the "Property~') loc.,3',ed in the unincorp,or,sted area of Cc!lief Counly, Florida, said Property being described in Exhibit "A", and WHEREAS, Developer represents thai no obligation or undertaking hereunder is barred or prohibited by any contractual agreement with any other person or entity; and WHEREAS, THE State o~' Florida Department of Transportation ("FDO-F') and County are desirous of making improvemenls to U.S. Highway 41 (Tamiami Trail North), from the vicinity of Gulf Park Drive north to Old U.S. 41 (C.R. 887), said improvements to include provision of a Right of Way Easement and Drainage Easement, for the widening of U.S. Highway 41, on a 1.608± acre portion of the Property owned by Developer, more particularly shown in Exhibit "B" w'hich is attached hereto and made a part hereof (said 1.608J: acre portion of the property hereinafter referred to as the "Contribution"); and WHEREAS, FDOT has informed Developer, the Collier County MPO, and Collier County that in order for said widening improvements to be accelerated in FDOT's adopted work program, the cooperation of adjoining landowners is required and will result in substantial cost savings; and WHERE,,".,S. the parties to this Agreement acknowledge that the Road Impact Fee Credits established under this agreement shall run with the Property, shall be assignable by the Developer to any specific projects of the Developer in the County's road impact Fee District One, and shall be reduced by the amount of the Road Impact building permit issued thereon, until ali such Credit has been Fee due for each exhausted: and WHEREA. S ,..,o~,n,:r Road Impact Fee Ordinance No 92-22, as amended, requires ~,hat lhe value of the Contribution shali be based upon art appraisal of fair' market value: and WHEREAS Developer has caused the fair market value of the Contribution to be appraised at $',-.,~?, ~Od .¢.__.¢..O and County accepts the appraisal value of the Contribution. and both parties acknowledge that the value is derived from an analysis of comparable sales of similar properties, bet',veen unrelated parties in a bargaining transaction: and WHEREAS. the parties to this Agreement acknowledge Road Impact Fee credits shall be a credit only against Road Impact Fees. and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which Developer is responsible in connection with the development of the Property; and VVHEREAS, the Developer is willing to assist FDOT and the County in accelerating the needed improvements in FDOT's work program in return for certain assurances by FDOT and County having to do with timing of the widening improvements and that deveicoment cf the Property c~,n occur in accord with prewous and future approvals of the County and that said 'Contribution" wiil qualify for Road Impact Fee Credits ir', accordance with County Road Impact Fee Ord;nance No. 92-22. as amended, and other la,,,,/, as further detailed herein: and WHEREAS, such proposed plan is in conformity wilh o:.)r~temp!ated irnprcvemenls and adc~itions to the transporla~ion network: and WHEREAS. such proposed plan, viewed in conjunction v,,'ilr,, ,other existing or r, ..... - ' . ,m~¢~, the flow or . ,~r~p~..,~ec plans v,.iil not adverse!y ~ ""-,'-" cash liquidity c~ any Road Impact Fee Trust Account :n such a say as to frusFate or interfere w~t;'-', other planned or ongoing gro'wlh necessitated capital improvements and additions to !he transportation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadwaysl and WHEREAS, the proposed plan is consistent with the public interest; and WHEREAS, the parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions andl 3 1998 WHEREAS, the padies to this Agreement acknowledge that Ihe burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreements; and WHEREAS, the parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Loc. al Government Development Agreement Act. WITNESSETH: NOV,/. THEREFORE, for and in consideration of the promises and respective undertakings of the panics hereinafter set fodh and the sum of TEN DOLLARS ($1000), and olher good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by, between, and among the parties as roi ows' 1. The recitals are true and correct and are herewith incorporated as a pad of this Agreemenl. 2. FDOT has requested and the Developer has delivered and FDOT has accepted the Contribution which consists of 1.608+ acres of land for a Drainage and Right of Way Easement necessitated by the widening cf U.S. Highway 41. Upon dedication of the Contribution, and recording of the Easement in the Public Records evidencing transfer of the conveyance, and acceptance of the dedication by FDOT, the County hereby agrees to grant to Developer Road Impact Fee Credits pursuant to Collier County Ordinance 92-22, as amended, for the fair market value of 4 the acreage described herein in the amount set forlh in Paragraph 6 hereof. 3. Developer shall provide FDOT with an attorney's opinion as to the record title holder of the Property, which opinion shall also identify any lienholders having any lien or encumbrance affe~ing the portion of the Property known as the Contribution. 4. Developer shall convey to the FDO'T,', via Grant of Easement. the Contribution, more particularly described in Exhibit "B" hereto Said Easement has been delivered to the FDOT by the Developer, and a copy of the recorded Easement will be provided to the County by the Developer. 5. This Agreement shall be effecl~ve on the da~e it is executed by said Developer and the Coun!y. 6. Upon recording of the Easem, enl and acceptance of the dedication by FDOT, the Develooer shall be ,~ '~'¢, a Road lmpact Fee Credit in the amount of , .ntl,~_d to 7. Upon closing, unti; deve!opment of the Properly is completed, or until the balance of the Road Impact Fee Credil has been reduced to zero (0), the County shall apply portions of the road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the Property, or as provided in Paragraph 8 herein, reducing the balance of the Road Impact Fee Credi~ by the same amount due for each building permit so issues. 8. All Impact Fee Credits granted Io either Developer hereunder shall be assignable in whole or in part to any successor or assign designated by said Developer, subject to credit application within road Impact Fee District One, as defined in 5 Ordinance 92-22, Appendix B, as amended. In addition, such Impact Fee Credits may be used by Developer, its successor or assigns, for any land development project in Road Impact Fee District One. 9. County shall provide Developer with a certified copy of this Agreement. including all exhibits attached hereto, such that Developer's certified copy of Exhibit "C" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document developer's balance of Road Impact Fee Credits. 10. This document incorporates all agreements or understandings applicable Io lhe matters contained herein, and the parlies agree thai there are no commitments, agreements or ur:derstandings concerning the subject matter of this Agreemenl that are noconlained~n this Agreement. Accordingly. it is agreed that nodevia~ion ot'lheterms hereof sh,a,'! be predicated upon any prior representation or agreements, whether oral or ',vri~en. It is f',.;~lher agreed that no modification, amendment or alteration of the terms or ,...,noi,~cns con,air, ed herein shall be ~'~,-. ,,::, e .... h,/v unless con!a~ned in a ',,vn~len document executed wilh the same formality, and of equal ,"'~ '. ,..,~.~n~,y herev,,dh. 11. This ~,~emenl shall be governed and construed in accordance with the Laws of the State of Florida. 12. Upon written applicaticn made unlo the County by the Developer, County shall, within s;xty (60) days. refund to the Developer the Impact Fee Credit Balance. Said written a~plication shall include a certification made by the Developer that al/ development subject lo the payment of Road Impact Fees has been completed on the Property. The refund by County shall be disbursed as agreed between Developer and County based upon the Liquidity of Road Impact Fee District One and provided il does not adversely affect the cash flow of said Road Impact Fee District account; provided. however, notwithstanding the forego rig, the refund shall be paid to Developer no later than five years from the date of Developer's application. 1 3. County shall record this Agreement in the public records of Collier Counly, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 14. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County. Florida, to enforce the terms and conditions of this Agreement. sa~d remedy being cumulative with any and all other remedies available to the :ar'ties for enfcrcement of the Agreement. 15. This Agreement may be amended or canceled only by the mutual consent of the pa,qies io the Agreement. or by their su~..ussor.:, in interest. : 16. Ibis writlen AgreemenL including all exhibits attached hereto, shall constitute the entire agreement and understanding of ~he parties, and there are no prior or contemporaneous written or oral agreements, understand ngs, promises, warranties or covenants not contained herein. This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same waiver, and each of which shall be deemed an original. IN WITNESS WHEREOF, the County and the Developer have caused this Developer Contribution Agreement to be signed on the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk BARBARA B. BERRY, Chairman Approved as to form and County Attorney 7 ( PG, ~ / This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: Witness '~1 DO $ J. LEWI_~ .... Print N a ~r~./j..4 ~ Witness GAlL W. Print Name OCEAN BOULEVARD PARTNERSHIP SOUTH, a Florida limited partnership Lamar L~able, as a general partner ,/,/he, foregoing instrument was acknowledged before me this of _ .~. ~a4.'.,~ , 1998 by Lamar Gab!e, as a Partner o-~-"- Pa~ne~-ship South, a Florida li~,"nited pa~nership. He is_personally kncwn to rne or has produced as identification. ~ day Ocean Boulevard Notar'y Publi~ ~-nn,ec name: ~ AGE' A ~ 6ARRON COLLIER CO. 1 N0V i 0 f998 - 8 /L PG.__ II This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the/~re~ence of: VVitnes~ Print Na?e Witness DORI~ J. LEWIs Print Name STATE OF /'~'~O~I~A. COUNTY OF C.,;~ l_ l ~.¢¢~ OCEAN BOULEVARD PARTNERSHIP SOUTH, a Florida limited partnership Frances G. Ville~. as a general partner of~..~_/_~~ 1998 by Frances G. Villere, as a Partner of Ocean Boulevard Par'tnership South. a Florida limited padnership. Sh.~~~lly krLc.~n to me cr has produced (Notary Seal) OgF ~:~AL NOTAblY SUSAN L MATURO C Ol,~J S;SK)'N 0C589434 MY OObIMI:S,S4C,,N E'XP'~ES OCT. 15,2000 as identification. Notary Public ~'US,,41,J L..,~!.,ff'r"u~) Printed name: 9 _ j ,~Afi~ON COLLt~t CO PG.. This Developer Contribution Agreement may be signed in counterparts, separately by each party. VVhen all such counterparts have been signed, this Developer Cont~bution Agreement shall be deemed fully signed by all the parties. S gned Sealed and Delivered in the Presence of: V~t. ness , ' --- DORIS S. LEWic Print Nam,e(' Wi[ness Print Name OCEAN BOULEVARD PARTNERSHIP SOU-FH, a Florida limited partnership Barton Collier III, as a ge~'~ral partner COUNTY OF Eoj~ T.~,e !oregoing instrument was acknowled3ed before me this ~__-.-.~ day of __~.._C_"2~__~ .... 1998 by Barton ~ollier III as a Partner of Ocean Boulevard Par:nership South, a Flon~a limited partnership. He is_.pers__¢z:L~Lv__k._n_0_w.~ to m.__e_ or has produced as identification. (Notary Seal) Notary Public ~,.~,/" ¢ Printed name: sus~ ,L ~o, NOV 1 0 1998~ This Developer Contribution Agreement may be signed in counterparts, separately by each party. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: Witness ',j DORIS J. LEW~ Print 4ame/..t. ,. '¢.~tness -¢~,IL W, ANDER.~C%L Print Name OCEAN BOULEVARD PARTNERSHIP SOUTH, a FloriCa iimited partnership ~di~l~-e-t ~TSp~Oui, as ,¢'~e~e~r-~l 'partner STATE OF 1~¢ ,j~,~ 1 ~:-~.~ cou 'rY :_ .... ?"'he foregoin§ instrument was acknowledged before me this "7'7~-' day of _~..~ ¢__...¢~_~_ , 1998 by Juliet C. Sproul, as a Pa,'-tner of Ocean Boulevard ,"' ,'h Florida limited ,.,~dn._, .-,h,e. She is personally ~~ nr has Partnership S~.~ ,, a ~'- =.- ;. _ produced as identificati%n, (Notary Seal) Notary Public (../ Printed name: i~,t1,1. ~[]..so~ 11 This Developer Contribution Agreement may be signed in counterparts, separately by each parly. When all such counterparts have been signed, this Developer Contribution Agreement shall be deemed fully signed by all the parties. Signed, Sealed and Delivered in the Presence of: Witness '.,.) DORIS J. LEWIS Print Name./..i . ,. ¢ . ~,M, tness GAIL35L_.-~L~]~ ER SO N Print Name STATF OF" /~¢1/~- OCEAN BOULEVARD PARTNERSHIP SOUTH, a Florida limited partnership Barrcn Collier III, as a general partner cf and for Ocean Boulevard Partnership /?l'he, fc/regoing instrument was acknowledged before me this / day of _L'~.F'/_',~_'),(2~,. 1998 by Barrcn Co!lief II!. a general partner of and for Ocean Boulevard Partnership as a limited partner of Ocean Boulevard Padnership Sou~h, a Florida lim~,~d [:)a~nership. He's pe, sor,~l.,,, knov,,n ',", m,-', o; has produced as identificalion.'- (Notary Seal) Notary Public ' ~/' It.doc.-develcp er.ag,'eem e nI-c bp.-$oulh 12 Dos~r~plion of 53 12 acre parcel, being a part of Sechon 34, Township 48 Soulh. Range 25 Easl Collier County, Florida Beginning at Ihe southwes[ corner of Pelican Marsh Unit Two as recorded m Plal Book 22, pages 41-48, incJusive of Ihe Public Records of Collier County, Florida also being apoinlonthe easterlyrighh-of-wayofUS 41,Tam~amiTrad North; Thence along the boundary of said plal in the following s~x (6) descr,bed courses 1) Nodh 89'20'48' East 204.55 feel: 2) Easlorly 61518 leer along the arc of a o, rcular curve concave southerly having a radius of 826 09 feet through a cenlral angle of 42'40'0.4' and being sublet, dod by a ct",ord wh~¢: bears South 69"19'10'East 601.07 feet. 3) South 47"5~'O8' East 100 03 reel, 4) .~outheasledy 418 87 feel alon~ lha arc of a c~rcu;ar curve concave no,'lh,~aslerly having a radius of 800,00 feel through a c. entraf ar~g!e cf 29'59'57' and being Sublr;c, ded by a chr..;r~ wh:Oh bears Soul;'; 62'.50'57' East 4'~4 10 feet. 5) Scu~h 77'.:¢9'05' East *,4,: '~O fr..et cJ4'~9'52' and b,c,,'";g subtendr~d ~,;. a '.2,ord wh~¢'~ bear,: {;c~:'.h :~0"2'3 Tract 'GCS', as 'r.'.Cor~ed :r', Pia!'Ps, o~. 23. pages 4.3.47, P;.,DI.s .r~ecorq.s Collier Counl;,,. Fi.orida thence aic..,-~g sa,d bou-'.;ar7 ,S~,..:? :7'00'47' "/Test I¢i 41 feet ihenoe continue along sa,d boundar/ soul.her!) 37 60 feet ~!on~ !h',e arc of a circular cur,ce concave eas, ledi having a rat,us Of 13,3, 00 fee~ thro;_¢ch a car':Ira! angle cf 16'34'19' and be,nc s,..,Lter,d¢.d by a toro wh~cn bears $::;.~¢h 08'42'37" West 3747 feat; Ihence conhnue along sa~d boar,dar;/ ar'rd a soulhedy e~.ter;s~or'~ lhereof ,Sou'h 00°26'28' ',/,;est 180.,54 fee: to a pc'-,~ .:~n ',he boundary of Grand Isle at Pelican Marsh -2s re.sorted in Plat Boo;-: 24. Pages 67-7C. Public Re-..ords of Co]her Counly, Florida. thence No~ 8.g"33'32' V,,'as~ 335 8: fee! :o the northwest come,' of Pehc.,.ar; Marsh Unil F:iYe, as re(;ordeal in P[al Book 22 Pages 88-89. Pubhc Records of Collier County, Florida: lhence along lhe boundary of said Pelican Marr, h Unil Five, South 03"03'39" East 49287 feel to the norlherly boundary of proposed righl-of.v,,av cf Vanderbif: Beach Road, Ihence along said proposed right-of.v/ay '.",'esterty 6~ 46 feet a!on~ '.he arc of a non-!angenlial circular curve concave southerly having a 'ad,us o~ 2430 O0 feet through a cenlral angle of 01"3.6'51' and b8~-.'3 sub',ended by a cncrd bears Sou!h 83"50'08' West 68.46 feet Io a po:nt~of reverse cu,'-.zature thence continue along said proposed righhof-way westerly 368 '37 "ecl[ alcan the arc of a circular curve concave nodher[.i having a radius of '10!.934 through a central angle of 00'172,5' an~ being sub[ended by a c,hord bears South 83°07'55" West 368 ~7 feel to a r~Omt Of compound c~¢rvalure thence conhnue alo,qg said proposed r:ght-of-,,,,ay wes!eri/ 74 44 feet al.~ng the arc of a circular curve concave northerly havin~ a radius o? 6860 68 feel ~hrouqh a central angle of 00"37'18" and being su~':',ended by a chord ¢.'hm_h bears 83'32'47' West 74 4.4 feet; thence leaving said proposed righl-of-',,,vay and along II~;e boundary of lands described in O.R. Book 820, Page 12 of Ihe Pubhc Records of Cother doan',./. Florida, and along a non4angential line Ncdr~ 00'3903" West 254 51 thence along the boundary of lands des~ibed in OR. Book 680, Pag'a 782, Norlh 48'22'47" West 297.34 feet; Ihence conlinue along said boundary SoL:'th 8?20'57" West 42000 feel Io a petal on the boundary of a parcei described in O R. Book 637 Page 1'~61, also known as trail Boulevard: thence along sa;d bo',.;nda,? NoOn 00"3g'03' Wes: 200.80 feet. N0V 1 0 1998 PG .... [ 3 Ihence conlmue along sa~d boundary Soulh 89'2G'57' VVes~ 80 GC feet Ioa on the easlerly nghl-ol.way of sa~d US 41: lhence along sa~d ng,hPof.way Ii~e North 00'39'20" West 1291 0(5 feet to the Point of Beginning of the parcel herein described Containing 53 12 aG'es more or less Bearings are based on Ihe State Plane coordinates 1983.Datum ., adjuslment, west line of said Section 34 as being Soulh 00'39'20' East Cerlificale of au ho,' za~ion #LB-43 and A Description of pad of Pelican Marsh Unit Five Plal Book 22, Pages 881brough 89, Coliier County. Florida All thai part of Pelican Ma~'sh Unit Five as retarded in Plat Book 22. Page-.', 88 through 89, Pubtic Recocds of Collier County. Flonda being more parhcularly described as follows, BEGI/'JNir,;G at the norlhwes~er',y cor,)er c.f sa~d Pelican Marsh lJnlt F ye' Thencr~ along the boundar'/ of Sa~d Pehcar, Marsh, Unrl Five South 89"33'32" Eas! 305.56 feel to a ¢,omt on the west hr;e ..of Tra:l '/VF-~ (Drainage Easement) according Io lhe Plat of Gra~;d Isle al P,';ii,~tn March. Plal Boo~,' 24. P:3ges 67 ihrough 70, Public Records of Collier Coun!v, F:orlda. Thence atong said hne South 00"O0'0r0¢ Ea's: 481 !7 feet to a pam~ on the r~c."1~, line of Tract "B' ('Vander,bdt Bear:.h R..~ad; according to the Plal of Felis.an Marsh Unit Five, Plal Book 22. P~0es 88 through na Pubhc Records of Cober Chun!y, Florida, lhence southweslerly, 306 37 feet alo;;~ Lhe arc c~ a non-la,"".genliar c;rcular c:jr',e concave ia t,he sou:beast, hay,ag 07'13'26' and being subtended by a chord ,,',,h~ch bears South 8F~'lS'16",'Fesl 306 17 feet to a ,c:)o~nl on the bounda.-'/ c;f sa?J F'e~ican Marsh Unit Fi.,e- IP, ence along said hne North 00'03'39' V'/dst 492 87 feet :o tr, e PO!NT CF BEGINNING of the paroet here,n descq['.ed, Contaiomg 240 acres r23re cr Fess. Bearings are based on '.,"'.o r~rjr",h Jhqe Of 5?:;d Pa'.-an Mar-:h U,m: /,ye 2.,:,~",'-, 89 ~3~, East ~. :: soc:h AGE I : NOV 1 0 1998 PG. Exhibit "B" (Page This instrument prepared by and when recorded return to: Lee Treadwell Bah'eh Collier Company 2640 Golden Gate Park'way, Ste. li5 Naples, .'FL 34105 PARCEL SECTION STATE ROA.D COUNTY Tlq~S EASENfEi'FT made :his day of ~5~.__~ i99~, by OCE~ BO~,EV)3.D SOU'F~ LTD., a Florida limited par:nership, Grantor, to the STATE OF ~O~A DEP~TN~ OF T~gSPORTATION, its successors and assigns, Grantee, whose post o~ce address is: Pc:stOf~bceBox 12~9, Bartcw, FIorida33831- i249. '~VITT~T. SSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and su~ciency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns=,,a Perpetua! Easement for the purpose of cor. stnicting and maintaining outfails and drainage faciiities in, over, under, upon ar, d through the following described !and in Collier County, Florida. viz: The Grantor reserve the fight to use the easement for the purposes ofiandscape buffeting, landscape berm, water management berm or wall. It will be the full understanding that if the Department of Transpor'tation needs to enter the property to inspect, repair or replace pipe, it is the Orantor's responsibility to repair or replace any damage within the easement. SEE EXSq_TB IT "A" TO I'J,_A.V-1E. A.NrD TO HOLD the same unto said Grantee, its successors and assigns forever, and the Grantor will defend the title to sa}d lands against all persons claiming by, through or under said grantor. FN W'ITNESS WH2ER~OF, the said Grantor has caused these presents to be executed in its name, the day and year first above written. NOV 1 0 1998 Exhibit "B' (Page 2 of 6 OCE,~' BOUq_EVAJLD SOUTH'., LTD, a Florida limited partnership Signed, sealed and delivered in the presence of': By: 7z~C-~-.~--r-"x~- ~('3z--~ ('/',----~ tamar Gable; a gener'ai panner '/ Printed name (~'")~-"->. i ./~' DORIS j. LEWIS c/ Vv'itoess MJ'd::~CIA J. WILHELM Pdn',ed name Wirn~C 6/ . ~ DORIS j. LEWIS ~qz ' (x / , Witness Phnted name Frances .G. Villere, a gene~i partner Ba:on Collier [][, a general Farmer ]ui~,~-4-'C,~Sproul, a 8eneraJ~'a(:ner STATE OF FLORZDA COUNTY OF COLLFER The ,[o~regoing instrument was acknowledged before me this ~.~Lday of 199..~_, by Lamar Gable, as general partner oFOCEAN BO~EV~O SO~ ~,orida ,im,ted pam, ersh,p, who is p~rsonaliy know: t;Te. ~~Yg; c~3o, .... I Xota~ Public in and tot the County and , ;.z¢,~ Stat last aforesai My commission expires: Serial No. COLttEi~ CO,~ NUM~ Exhibit "B" (Page 3 of 6) STATE OF FLOR.1Z)A COU'bFFY OF COLLFFR The foregoing instrument was acknowledged before me this/,F'~,~ day of ,..~_.¢_..-____, 199__, by Frances G. Villere, as general partner of OCEAN BOLFLEVARD SOUTH, (Seal) - - '-' U L'~".FN D 57.1.~ ~ /b,!OTCJ, Y Ivbr-ctiC 5'F^T'E O"F Fm. cQP, LDA/ j coh,(-~(~-~o;4 NO. ccs.~izm J LYNN D. STIRP Notary Public in arid for the County and State ',as~ afYresaid My commission expires: Serial No. The ~/egoin= ins[~rnent was acknowledged before rn~ this/~ day oF 199~ by B~c,n Collier IIi, as general panner of OCE.,X~ ~OULEV.~q~ SOOTH,. LTD., a Florida limited pa~nership, who is personai~¢ known ~?e. _ ~xy ~524t%loN ~. Au& 27.1%8JNotaw P=blic in and for the County and State last aforesaid My commission expires: Serial STATE OF FLORIDA 199~¢__, by Juliet C. Sproul, as general panner of OCE ,A;N BOLFLEVA_RD sou':i'H'7 LTD., &Florida limited pannership, who is personally kn, o~wT/~o me. J LYNN D crli.p NamE': // "~ Jscrr~,Y PU~L.tC s"r^','s oF F, LOP4D^ ~/V L'LYNN D. STIRP i com~,~lssloN No. f .~'r, CO.V..,,alSSION ~_x'e. ^UC. ~7.~..,:,~ Notary Public in and /'or the County and State last aforesaid My commission expires: Serial No. COLLIER CO. t FILE NUMBER NOV 1 0 1998 PO. /Q~ Exh:bi r._ "[~" (Page 4 of 6) SECTION 03010-2568 P~HtCEL 8O4 That portion of the northwest ~ of Section 34, Township 48 South, Range 25 East, Collier Count)', Florida. Being descrLbed as follows: Commence at the northwest corner' of said Section 34 also being the southeast corner of Section 33, cf said Township 48 South, I{ange 25 East; thence along the north line of said Section 33, North 89°52'20'' West, 52.70 feet to the sul-vay base line for State Road 45 (U.S. 41) ; thence along said survey base line South 01~00'30" East, 667.04 feet; %hence leaving said survey base line North @8°59'31'' East, 52.7'0 feet tc the intersection of the south as corded in Plat line of Parcel ~ Pelican Marsh ' '~ Two re Book 22, Page 41, Public Records of Collier County, Florida and the east existing right cf way line of said State Road 45, also being the land line comznon to said Sections 24 and 33; thence along said south line North 88°59'31" East, i0.00 feet to the POINT OF BEGINNING; thence continue along said south line of Parcel C the following six (6) courses: (1) North 88°59'31'' East, 194.46 feet to the beginning cf a curve concave southerly, (2) along the arc of said curve to the right, having a radius of 826.09 feet, a central angle of 42°40'04", an arc length of 615.18 feet, the chord for which bears South 69°40'27'' East to the end of said curve; (3) South 48°20'25'' East, 100.03 feet to the beginning of a curve concave northerly, (4) along the arc of said curve to the left, having a radius of 800.00 feet, a central angle of 29°59'57'' an arc length of 418.87 fee%, the chord for which bears South ~3°20'24'' East to the end of said curve; (5) South 78°20'22'' East, 144.30 feet to the beginning of a curve concave southwesterly, (6) along the arc of said curve to the right, having a radius of 395.00 feet, a central angle of 94°59'52'' an arc lengt~ of 654.92 feet, the chord for which bears South 30°50'26" East to the end of said curve and the end of said courses, also being the northwest corner of tract GO5 of Pelican Marsh Golf Course Phase One as recorded in Plat Book 23, Page 40, Public Records of Collier County, Florida; thence along the west line of said Tract GCS, South 16°3~'30'' West, 181.41 feet; thence leaving said west line, North 73°20'30'' West, 25.00 feet; thence North 16°39'30" East, 181.41 feet to the beginning EXHIBIT "A" Page 4 Exn~b,~c "B" (Page 5 of 6) of a curve concave southwesterly; thence along the arc of said curve to the left, having a radius cf 370.00 feet, a central angle of 94°59'52'', an arc length of 613.47 feet, the chord for which bears North 30°50'26'' West to the end of said curve; thence North 78"20'22" West, 144.30 feet to %he beginning of a curve concave ncr%her!y; thence along the arc cf said curve to the right, having a radius of 825.00 feet, a central angle ot 29°59'57'', an arc length of 431.96 feet, the chord for which bears North 63°20'24'' West to the end of said curve; thence North 48°20'25'' West, 100.O3 feet to the beginning of a curve concave southerly; thence along the arc of said curve to the left, having a radius of 801.09 ~eet, a central angle of 42°40'04'', an arc length of 596.57 feet, the chord for which bears ~;orth 69°40'27'' West to the end of said curve; thence South 88°59'31'' West, 194.46 feet; thence North 0!~00'35'' West, 25.00 feet to the OF BEGIhq~ING. Containing 1.3!2 acres. ~ Descr~ion Approved by: M. A. Kvser ~,.'/L. S. ~.~26~---- Date: ' -..'~/t//~, /~ NOT VALID U7 ,~-SSJF~qBOSSED EXHIBIT "A" Page 5 NOV 1 0 19§8 ~o,q c~s,~;E~ co. ~iLE Exh~bzt "B" (Page 6 of SECTION 03010-2568 PARCEL 8O6 That portion of the northwest ~ of Section 34, Township 48 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of Parcel C, Pelican Marsh Unit '~o as per Plat thereof recorded in Plat Book 22, Page 41, Public Records of Collier County, Florida; thence North 88°59'31'' East a distance of 0.07 feet along the south line of said Parcel C to the easterly existing right of way line cf S%ate Road 45 (US 4!) per Florida Department of Transportation right of way map Section 03010-2250 for a POINT OF BEGINNING; thence continue along said south line of Parcel C, North 88°59'31" East a distance of 10.00 feet; thence South 01°00'35'' East a distance of 1,290.79 feet to the northerly line cf an existing County Road right of way per Official Records Bock 637, Page 1161, Public Records of Collier County, Florida; thence South 88°59'25" West a distance of !0.00 feet along said County Road right of way line to said easterly e×isting right of way line; thence North 0!°00'35:' West a distance of 1,290.79 feet along said easterly existing right cf way line to the POINT OF BEGIN!;I~G. Containing 12,908 scfuare feet. Legal DescriD.tion Approved Date: ~_~Y_~/ /g)~ /~9/~ NOT V~ID UN'SS EMBOSSED by: EXHIBIT "A" Page 4 S ~ S NOV 1 0 1998 EXECUTIVE SUMMARY APPROVAL OF A CONCESSION AGREEMENT AMENDMENT BE'IX~'EEN THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEI. AT PELICAN BAY, INC., ('DIE REGISTRY) AND COI.LIER COUNTY '['O PROVIDE AN EXPANSION OF TIlE I)ECK AND IMPROVEMENT Ot: TIlE KITCItEN FACII.ITIES AT THE CI2UM PASS BEACtt PARK OBJEC~I'IVE: '1'~ prcwidu ;m m'q~rr,','t.~t !xmc!', fr,,l: f.~c01tv t',,r thc ','~s~t,,;'s t,, thc (:hvn Pas, s Park. CONSIDERATIONS: 'll}~I'' ~'×l';li'l;', }'C;W}, "':l:l ''( lll," (]l.lr'~: I~.IS,; t:,,;~rd',v,:lk W, ch,dc'$ ;lr'.:>'t under w}'.ch ,.'~s~rc,rs, can ~.~.~:.~i~r: c~t}:c.r ~h~: ~un ;m:t he.it tlr' Iht' r,i!r'i v:}'l, un ',v;!ititli~' f,',r thc Itl rcv~.:win$~, thu [)rr~pr,sc.d c:.:[~;m'.l~,rl, it ',v:m t':uh~T',t th.~t :tcni.~l lwnulit r,[' this ::c.fit' r,t' u'npr~vc:ncnt ',v,~uld ha..',, i,.c~, w:rv hmm.<i. I:~ rr.l'ur,.ru'r: t,, li~,: [~r,d(.cl, t]~sCussionS larger deck c'<pans~r,n, ;xkhtu,n:d re'sfrr,r,m ;Hid tJlnml[ t'ac~ht~cs..mci a I.Irjwr r,,r~t'cd :lrc.~ for current a}Tccmcnr r,r,,v~cic~/ l},r a tivu vt,ir rc'rrn, which cxp~rcs :n 2003, with options t;,r ~Sx'c ','car term, wil,:h would c:.:p~rc ,n .'Xpml r,t' 2008. and afl r,ptlr,n t;,r all xddition:fi five vt:ir rcncv.'al. Thc I¢,n;[(.r ~n:r=aI tc'rrr~ :dl,,',v:; ~5,r 'he c~,n'zc'~si,,r~'a;ru t,, rccr,uj, thc V;lltl(' /lac c;tpttal mvc<rmcn~ ~,f t})~. deck c'xp.,~$~.',n ;md :mprr,vctmr~r:;. 'I'hesc ;mpr,',vcmr_.nts have bccn ('s~'trna~cd t,, l,c v.ducd :~r 5-1fi.i.(~t~i and ',vdl prr,vidc addiWmal 2,30(1 square feet r,( pulflic arc.i. '['hc (~r,tlrqtv wl]} Cr,rltlrllJ(. to, c~,ntrihuw r,rWnally l~udgctc, d 51(~rU)n0 at thc cr,nclus~r,n r,t' Ibc pr',,x'cl ,irld tlp,,rl $~l~m~ssl~,rl ~,t' p.nd Thc Rcgnsto' will ~q>vioush' tx'neff, fr~,n: thc :Mdtti,mal amcmtv th.~t will l~c' av:tihdflc hr)tel g~csrs, but thc public will alsc~ bent.fit as tl~c. tSt(:ihtics ;llld scrx'lcc5 will I~c availa}~]c agreement have rcrn:m~ed unchanged in t<:rm:q rq' thc sc~'iccs that will be prr,vidcd Rcs~stU'. Thcsc includc thc prr~v~s~nn ,,t' mun sen'icc. 0~,~(t st.rv~cc, thc sales sund~' ;toms, thc rental r)( be:ich chitirs arid d;tl¥ mr)tutoring and cte:m~ng c,( thc facilities. l.:.xhibits attached to thc agrc'c'r'nur~t p,~rtray thc c:<p:msu:',n cnvisu',nc,d, t l,',wcvur, because thc extensive pcrm~mng pfc)cuss that will Ix: ;IS?,t'I.ItC(t with this prr,jc'ct, linc final design and (acihtv may I~c altered, l l~v,'cvcr, thc agr~,elm.tll ( )n~'u c,,~npJ~.tvd, th~ GROBZI'H MANAGEMENT IMPACT: l~,cc.msc tJw Impr~,vcl~lunls will })c'o,mc thc immediate property o1: Collier Counp; upcm cr, mplctvm, thc full value r,~' rhu m~prr~vcmunts estimated to t)e S464,000 will become part of thc (]c.tmty's park tS~c~llt~(:s invc. nrr,rv and will [)e counted toward thc level cfi' service stand,irt] t} ,r park l~tCi]lti('q. RECOMMENI)ATI(')N TI IAT Till:, BOAR1) OF C()I;NTY C()MMISSIONI!RS ,tppr,)v¢ thc ,tmon(lcd (Tr',l'lC(tSqlr,ll ,g!reurncrit J)ct',vur:r~ 'I'h(' thc I),.c.j,[~,~,r]., I I~,t(.! ,:t l>c.l:,.;,r, l'~.?, II1!2.. ,IFI(i (/,Iii('[ (i',tlllt; l,r',,,,j,ht,~, t,,r ,in ,'t:!.tr;j.t'tl .,:~! AMENDED ANI) RFS'IA'r'ED CLAM PASS PARK CONC:~S ,,ora FMEt,,T 'r~tlS AMENDED AND RLSTATFD CONCFSSfQN A'DREEMLrqT (he, ten called the "Agreement") made th~s day of 19,38. between COLLIER COUN1Y. a pclifical subdivision whose ad~:r~:ss Is 3301 Fast Tarn~am Tra~, .Naples, Florida 34112 (hereinafter culled the "Cr¢unty")arid ItlE ASSOCIATION OF UNIt OWNERS OF THE REG!SrFY HOTLL f..T PELICt, N BAY. INC a tx;t-for-profit corporation, whcSr: ad~r~sF, is 5C~ S~u.~ate Q~r,'e. Nap~o~. Florid~ 3~!03 (hereinafter called the "Concess',ona~re '). Count/ar;d Concer:,.,.~,,-. rt: ~."~tc.t~;d ~r,[o a Clam Pass hark C~ncesston certain ~rnprcvcmer]ts r"Count',, in'2,',.)'.'.em()nh-: ~ a~v: the Cc". -,--~-',', ' ..... ( ....... om,3::r.~ v,'r.)uld ccnslruct defined heroin; L, eyor'~:! those ~;::;.~ro',,'eme,qtS .... [ fort-. ~r'. tr~e (:o"~cos$:or~ Ar..:ueome",t; and VV,'-tFZi~L;,,.5. thc; C.c;mtv h.-~, r,-~qt;,:-':.t,:.d tl rd: th,,'; C,3-!c.¢.sF.~oncair~ ccn".ln¢C! thv County I;r~pro'.,emc. nt: aior, a v.,i.'.h I!',~j r' .... r ........... and t h .,-_, ..OC~..C.~....-,I,..,/ ,.. ','.';ii:",,': ('..3''~':'~'~ u" ' · ,.~U.,.,')~C, Lg '~,h,~, terms ..... c, cr:d ,',)nu tl.:.-reUlafter set for't.h or, April '4 1998 and er:dine:ca, Ao~: ~:: 2C0% -~:~Ap'c.c:::'er~t ~' -' ' .,n,~, [',e autarnatically exlondec 'or a~ addtiona! five, (5, vo;:r t~r;~' upcc l~e some lerms aqd ccnditions contained herein (except 2(A)and ¢U ~ b919,.'..', v. ';.:;~ \','iii thet~ be roger) unless e t~or party provides writ:es notise of ~ts iatc'~t~or' r'c: '" .'esov. t~ ' ' '¢ one hundred ~ghty (180) day~ ~-io- Io I:.~ ~:x: ~' thc. 'r-~ha~ tot% If e~;her pa~y desires to extend this Agreement bev::rU th-. ~r*~ ;¢~ fl..t. ", ,..ear ,]¢ter:si9~. that pa-ty shall notify the other party at. least one hund',-. ~ ,.c e~qht,. (18C) days prior to lt~e expration of this Agreerne'-,t (or the cxtcns~cn thereof; cf'iii r;es~'ed dffferer~ ~er,'ns and cond,t~uns or fu'ther extension period and the other part), si~al respond witmn thirty (30) days o." rece:pt of suc.h notification Failure to respond shall .h.? deemed a rejection of the offer to extend. CONSIDERATION As co:~slderution based upon the respective and mutual obligations and pedormance required of the 0ar'tieshereto it,s understood and agreed that: ~" ' (A) [ho Consoss~ona~re st al' at ~ts cxp,..n..,~, but net to exceed $464..300.00 reriov,~t& and hr~p~uve k. Jt'.;he'~ ¢' ,..' ,,r ,- . ' ,J ........ :., ~n th,". r.e,x~stir~g restaurant bu~!dir;g, expand Ibc- boa'd.,,;alk and (:e.':~' f;~cd:br:s ,~nc.,..jd r~O ,'.o ~LrucI~on of ccvered areas), construct addit,o,"ai bathroom fac~i:,t~o.s, di¢'~n,~ f;;.:ir~l~e$, st-:,.nd up bar and seating facilities ("Expanded Faoilibes') Tho r.: ,-. .... ' ' , /~-, ..... ,',;,¢ F:O ;I .~,,_.:., ..J:U !:i,;: i.:,~ ,::;:r u~p~t:ted on Lxhibit "A" and rna,/ he re oca',ed · ~eret,, and ~ncorpora' ,' ,ct %¢,."' m~ ~ ~.. /,. ¢. '.."..,~ ';,'~, _,.- ¢' . . ' , .'.; ', ~ ~:,3 $iu,) .... .uL,,o (;0 t,'av,'ard thc; c~)nstru(:tion of the r:'xr,~,'-.~-,--, --. ¢:, . ...... sh;: ,.. ma.-:,-R; Cr)'l' ,~s.sionaire v,',.thu': [l~irty (30)days ~ ,., ..... s,, Fac ih~'.; 3 .... ~,,. Ii ~'.'. · Of .... "-' ....... . ,e,~erp, el a sumr::,ary ir"/o,ce and tits st;~s.'~crt;n.u ~nvo~ces iron"',, tho Corl.t;essio~airo's c;er;.e, ral ¢omtr~rt¢-r DF sJbcor, tractor$, -3:*d u:~;; .~, % aL,~IOP, reviev,, , [h~ Cojr'~ty. ....... "' ~i ':' '- , bv ' "' ~ C~C"IC-:::'$siOnOh'C' s'~,atl on,'...-;;!¢; a ,, ¢.,"r se".';c3 con$~stm9 c! a nL, mber of electric pc,',vr:~ v,zh;Ch~*. ',vi(t 8pF, rr, 5- '~:.': p.':~t n-) fur !)bLiCR 3oers helv/e~rl th,-, pubt~c ParkerW ;ir(wi. ,,,..: - ~-.- ;~':'s3;! --,'.-'::... ='ac4d,es ,2. !'r"iFn:¢nl or two (;'.,) trams $i'"/~ L;,_' ,:.. t,'bri"S sh~il be (')Per,~led '~' -'~ --.-. ,,.- ',. ' ' .... :' , ~" - .... ~',"' i l!'.r,~.~_, A,'., ~ ~.(.) In no case shall ',U ~,FnO bc.'l',/.'~:d:r U'.'~Jil(J~!t-- :r.'j"l,. ;:: I,' . ,' ' · hO t'"'~r'qs ' - .... "-rff - ~ ..... "~ ~ ~: ",,;,:L: ur,,'-;.~ .';~,",Pr.:,: ~l,~(:~-~ ( I :)) r-Pli'tUte$' , ~ ',','Ii! De ,.,,,O;u,t;., ''; ............ ' .... pro,,l,.,, con'./er, on'. t'a'l:~.ur.¢...:: :'~..- ~. ¢ ~-- ,.,-., · ,,u..~,,. a ~"~, ,,..,,bi g ....... The ct p.-.':',s,.::~::,--. ·: up. sh;;;i ' ~ "'"'""" first point "~' '~" ::; '~':'-,' ,o: ': !..-,- . *~':' ~' ',. ',-,,it-,. ::',., ~,' ,:: ' ,,L'i C ;,~'ir~.:in,:j at~,,~; iFC, tram d;i,.,¢.,.; 3,'~u:: it.c; :..r;;f,-~:-,~. :. ':' · ~"-'"' -.: "~'.: [..rov dec bv th[: Con.cossi,-3.,,:a~-t-. I ,h,.': t';i":'. ':r. , ..... : . '... :: _ :;n:,: ,;;;;3 .'... L.',' the L)l'c::'.t.ar Or' Parks R~croat.c;n ~'ei;~rtr:',en' - :,,,'.': and recommendations. 3 CONS'rRUC'rtON Ok EXPAIxlL):_L) ~:ACILiTIES !~:~V l u 1998 J (A) Concessionaire agrees that the cor~st'u'..;tior~ of the Exper'dec Facihties will be completed by October 31,2...000. ir, the c,,./en: t~e Concessionaire ts delayed ~r, the construction of tho E×~anded Facilities fur f,3..-35o¢',9 beyond i($ reasonable control, the Concessionaire will be granted an e×tension ry :i:ne to con;~;lete the Exp;jr',:.Jed FacihtJes commensurate with the delay c~usod tc tlc: ¢~c'",cosslo~cir© (B) Prior to constructing the E. xpande;: ;-acilities the Concessionaire will provide the Coun?y Pjblic Services Dwis~on ("County") v,qtm all proposais and plans for tho Expanded Facilities fo' the Coumy's approval, specifl/mg the nature and extent of the desired a!;o'ation. ~mprovoment, (;hunqe or ~Cdidun. ~lcng witf~ tt',~ est,~ated starling and comp!etlon t~me for th~ proj~c[, and ~:cludil~g the factual budget statements show~ng sufficient fjrdng lO complete any phase Dr proses al the Expanded Facihtios impro./oments I'uDDR cbta;rfinothe Csunt'/s consent and commencmg said changes, (C~ ':' ,h ,--Co~,', ., ...o.: ona!r,2 c. OVO,'~ar',t5 ~'~ ' .... ~,,(, ~,..";'o05 m, conqoctlon '.,'¢fth any of lP.~ Umlt=.¢:' ...... 5'2t¢ o; Am,.rl_..,* "~ Utate ',' i;:.r::.:'~. "'¢~,,"~' ct ~,.'"".~u,"' eric an/ and all g~'..'ercment3: at.;e¢c~es h;]'.,,n{} N' ............ ~ ~ . a? ¢..~(.:.~.~ ,,. lhe freulod and b ..... , pr.::.:.' (:f ,hu :'., ~::; r~':~r:~r' ~,-. tr:~ tern: ~r c:hc: oxp',-aNo;', or :~:F.-,I;r,b;:..;~ ,.f :t;:~ A~}r~:~:.t ~;; ~ gou,'~ 5r~ order and C:¢r]d.,tK)r, as '.'qo/ ','/ore {afit,3~hT:~ '=-""n' ' ....' ' ' ' b'vlthtn , ........... . ¢~,u .'.'~;¢ ,., _ t~¢ e,c~i;teu lhldv(301 shai, prornpti} romo.'e a~;cons:~,.,::,,, , · :.1., ~::: :. :.,'. :;::; c;.',,;~;'m',o-,;. :r,o ()aunty may efleclsa;c romova, a',:ho C;o',',-:;,', :.n'.... ,':,;.,.",... _;:.. (:'.-, ;33",:css,ana~ros failure l~me!y an.j 3r fully roT-~/p..'¢, h; fi .il, 'm :1..; '~ . '~'1- : . ~: :: oq. ;:mor,~ ~'[:.on notice by the Count) rF~ -~n C,o:~ce~.;s or~,--;,r,;'; si'a ';~nstru,.-: tr, e F~panded Facilities on the Prc,.m~sos ~n a L,u.x,r:~sz-~k~. a:,c rea:~..3nahI.3 m.3nnor, and the Curmessionaire's acli3ns $h31; rot cOnfl~¢' v,'¢,': tho (,¢.~ur~f',,' 5 '¢gul,.3~ ¢on:rnl and w~ll bO $chodu cd :n such a way as I0 tllirm~Z,.., to U:u gr'd~tt'...'~t L'xtL'rl; bo'35~bk_- Ii',,.., ::'~L.,Jct L.' thu Cody u~Oratior~ of Ca;la [~ass Park. (F-) The County. its duly authori?ed agents, represontat,vos and employees shall have the ,fight t(~ enter rolo ar,; .~:.oq the P:e"n~ses at all reasonable hours fo' tr, e purposes of ~nspection. incurred dunng thc-., construction of the Exp;..~r '.;e',J Facihties (H) The Concess~ona~r~ agCees fha: Ih,.,.: r:x3anded Facilities once completed, shall bo oF. on to the pubhc aud lhat ~er,,,ce p'c_,viCed to tile public ,.,,,iii be exactly tqe same as that provided to t,o,e, gLOStS 4 BLJSINFcc'();' ..... " 'c,r,,, ,.,- . F:D',-' r'.I~',l~C~r:r'"rt':F,t IrC q% :~'~rlC':;'(':~,! ;ia(:'-: :; ,.,,, t-;f tsL:,~r,bt'.;r '~f)~' ..... ~ ~)'/ U'H; of Parks and R..( ...... ',"n '"ha,/ ..... J(:; '"' "," k:r:d:, of l-~..:'5ir:e$se's ar:d provide the r, - ,'F, n ., . "~, . ..O : ~ ~-~ :2,°, , fO Io.";i:',~ .%?,'v,C.c;S ~r,:j O,'",ly St.;.7.:', ~,j'..; ;',( :::'~':.:h ,~.' .: :,,-:~'., ~-.,. ,.: ',,~, ItpcL;" "- ..... ' ' . .... 2r~,., Ut:.. IOX~ (.'-',i Foe..") ~.a.r). RFV,,--h.,....,;. O."L::.~ ;".e .sa:e of Coed and bevernqes from pe~rna'~;~t cu~igp-' : o: " a,e(, IOCahC;p,F ':'7~',:;;!c: [:;.;5,'a, CC:~c ~"l accot*d,3r~c.o v,'~th the provis~uns of : .... '" t, ,~ A:jreeme:~t. ~B) BE:F'.H EC, UI:MFt,iT RF'..:'";.~ S ' '"-' .c, AI FS ...... .'-','~ .' The renlal bv hour/"dav of beach e:.:.ul~.:..'T~er] su:;h ,"' ' ' ,- - - ' - .'a,:. ,,~a,r.,.. caf. ar:o:,, to ,.,-; s b'm,'-,roIla$, rafls or u,hor oc:uipment ' "" c:;nc,, v;itt~ the provisions of th~s ,Acjre,:rr:e,~t $ FAC" (.,",) This Agreement sna;, ccnh'o~ ,r~ the event of any direct conflict ,,vii,'] the Beach AccessFaci:itiosAgrec~montdated Nu'.c;'~,ber 1,5. 1987. as amended. TheCounly own5 the parking Jot, the ga.~t',~u=~, the U, ou~,'J,,.,;;ik. ~r;d thc, Be,~cl-~ Fac;htF,:s. TI.o County shall operate a.qd maintain, at ils cos: th.,:.:. C.~r'.'.,"t,c:,.' ~gt, :he galehouse, and the Board'va and shal! be responsi::lo for rep:;~rfl m:::r~tc¢;;.-,:,.:.e ,S"d cnp',:al ir",prov.,':.-.mert$ at tho Beach Facilities. The Concessionaire shall prey'alu dady ciean:r~g and upkeep at tt:e Beacl: Faciht~es The Coun~ shail eslu[~hsh and coiiec', ail fees and charges for use of all faoi~t es owned and operated by Iho Count),. (B) The Corlu~ssionairc:. at ~',r .... .,.. n e,,.,., v."',,~-",-,..~.., may provid~ a stand or ott~er facility besirJr: or underneatt~ tt,~ dune wal .... ~ ~,,),.:~ naa' t,n~. ~acl:s de Facil~hes frcJm wJmuh tO rend recreational equipment ts the usc;r.'., cf Clam Pass Park (C) The Concess~ona',re ~s ~authonzed to pro,;~de movable umbrella uushcarts for tho sate cf food and r~or,-a',coh:)l~:; be,.,erages subject to tho 'estrictlons o! Sectio'~s.3 19 ard2fi, hereof 6. ;,,'C)OiF!CAT!O.'~S I() :51F(LIC;T!JRFS ANQ IMPP, OVF. MF_I',;TS The ,. (.,.~, .... , ',._'(,;,. , R",(4 condition, a.> r".od~fied pu's~:;:" (c .:,,;~,1_,.! t :sbt, va m responsib'.o for all inteno- modlficahon.5 and rr~a,atqr.-'ir co. ':'.clud;n.:; ~f~,tr,;r':(;C: dcmrs. '.','.ndo'.vs and screens. Except then pay and b~ liable for such modff~cu.t.:.'~s v,.h,cl; ::,,-..ct, n',,c County assets upon ccmpietion. ,Do(a~ied p',ans for ~r'). sur.,'.;t;:r',t:;: uTu;r,'.p,e:n,;,n:S shall b,-.. subn'-iXec to the County for app'oval. 7. MA;NILNANCE T~eCc.~rtyagreestc;:rc,¢Metheasggnec~ac~:mesmt~ei- "as is" condor:on, as modff~c uu'sua',: lc., Scct,c':s 2(/,~. a"d t:~ 3erforc', accesser/extcrio' mainlenanco cn the tacil~Ues Hss~gner: m the Cc,:fce:=;o:l¢l'b ab woil as ts ma nlai;~ tho below' ground le,/e connection hr'es fo¢ porma'~ent x','at~r a~r~ sewer ut,h:ios. Fxterior rr~ain~e',tsnco o' the fac' ~tros d:~' 'x.l :~,.;~::r~¢ cr;'~,' romi:'.'t~~ or litter of the puL'lie areas of the P31k. ~u}!l r,';:~',D,.A. DQ:'.'c t'iv 't:;; ,, ;,h '. ',.' ~?,-- (.,- ~t.L;:.;Cna~r= operating ,hours as lurt;':~'~ d~t~s:~',.,'.,,- ,.".'... 0 · _ ,~, ,.,~ o.. .,u'~n~ normal op~ratiag hours 35 set fodh in Section 15 ..... . . r~.., ,~reo,. as rnav be approvt:s b,,, :h~ M,~aru el (Sou;~ty Commissioners. However, during the term ()f t-tis Agreement. Ih~, (}o,'x;[:s'.j~onalru shall be t,he only entity authorized to I~ave access to and use the k~tchen and equipment located U'uru~'~. Thc Cuunty shall be r~sDonsiblo lo assure the pro: (':' and safe use of the Premises as well as the security of X *r.~ ¢~' ~', .. pon .....,.,~o,,,,~r. > opera~nq equipment Lind ali Premrsos ar~, used b)C',h~ "~ '-" ..... '~'~ ':' :~ (r~.: :},sL; ..... 2FICf,b ........ La': Fit'.' :j , F.'ron~ptly provide ma~nteaanco and repair of oquipmerfl or rep[f.:¢;ement of Concessionaire's operahng eq'Jiprr~ent or invontcr'>, if ~u,.., use darnagc, s cr ~mpa.rs ~r:), oporahn~ equipment or inventaW or tt~e septic or sewage system or if any ]nvonton)' ~s in apgropriateiy consumed or destroyed. During authorized special events, the Concessionaire will be allowed to operate its norr~al dady complomont of equipment and st~ft. "Nsrmal'shailbedefined eq'sipment and staff that tt~e Concess~ona(re has ava~laule at the Premises orl a norma~ day, 365 days per year. S,jch oqu~pmeqt shall not be incre;~sed ar ~ftc:r~d during special events without the p'ior express wri~en perrTfis sUSa of thc Dir(:ctor of Parks and Recroabon. (B) TOw County shall m;]ke t!u.: Prerr',:sos a'.,'a:Ic:b'u fa, r, ra,,¢,~ lO hold a~er- form and payaus~o~h:o~' J,.;u"i unt of 3200 00 per ,.ad, t~ Oo~n[vfor ~¢ .... n~ f ~', [~,-, County -' fO; Att author~zud grasps, h~,l.~:r'9 SO:?t';~al p;r..,[jt,:; e.,'~rltb al lbo Premi5o.,: and des~r~r;g groups. ""'~.., ..... qr.2'( t".r, L',r,.rm~lt,'~:l ',r:, prOvh~Jr.-: tn~ir t.'.'..;~ trap' or "'"-,,: ,v, motorized transportatior, to and fronl .... r.r;mtses l.l_r .b,.., "'~ ' tr;mspor'.L~tu...,'t. ~r',c!ud n0 t'am rjr{vet(.';), at t':~ r;~lu Of ,:",.').=, 00 p,.":' tram per lx~ur and shali colic:Ct from each. /.,uth.3, ,::,:rd ,'::.?.L:;'; r~i'r:c:i: L:,r bud: t.r;:¢rtt L4OFVF.'.OS. amplff ed mus~:; Dr steel-r. Jr',jm bands /,.1! grOj[.';S S~:;½!l rD,'_-. "-JU~JJ,b'_C! [O ail County nu se ordinances and shall be r,.:':~po;',sl[;,le to er ~ur,':. ,,,, tempi ante therewdh. (G) Tt'~e q:onc~ssJona~re b:hLali De entitlc:d to coqtract privately with an'>, authorized group to provJCe catering or gtl~or sc.:%'~:os geared by th<., group; however, lhe Concessionaire sh;31i mc)t too ,,,,l~g;J~,..:' t(.; pro 'ldo uny tr.3['~portation or other s~m,'ir,;*3~ to .c).,roui-,.~, th,at do mot ;,.,~sh ts ...... fi;.' ¢~'-, ,.cr"'~, a .... ",Ja_'JiL'i~Ll:rL'b s,:rv,cc~¢, 'f hP. Cc)hr:ia.SaiD,quire shall be the ur'ly entity aJthorized to operat,: tram:., upon tho .bcardwalk boh. veen th(: County parkin§ lot and I~e Prom~sos and to have afl. er-hours access :o arid use of kitchen equipment in the restaurantfaciiityattneConcess~on. :he pub[;crestrooms shal; remain available to authorized groups holding after-hours fur"c~ior, s at the. Premises. Tho recreational rental equipment of Concessionaire a( th~ Premises shal: riot b,.¢ ava:lable or accessib:o to any authorized groups, unless arrar',gemects for such uses arid access are made between the group(s) and Concessionaire. g USE OF THE BEACI-! lb Pt,(It,,1AP, Y The PAP': s for the uso of the public for recreation and othe' public purposes, and th~ Conuess~ona~re's activity shal] not infringe upon thepubl;c's, right lo such use subject or~lv {,) Sec,,on 8abcve. Thc Iocation of any equipment, r .... . "~ ~'"" ''";'~ subject to approval cf the Parks and ~c. creabonO~Dartrnen(. Howove,.thmdr)es ,' · upon obta ;'*¢ '- schodtjltn9 promotlonfjl o ,~,,. F',',~L;dfr~rj r",',*r '~ '.'.'hlCP, ~i,'JR: tOmg, Drjnty limit access to th(: Promises. or Ony F. odK)n thereof Counb¢ Iron usCn.:~ the pub!K. ~reas of '.,:,-: beach t]jr p.:bt~c ond'or (;r./~c purposes ..... / .... : , .v.--:,~.'~ r~,]., rot :.,t' (.:lt)5,~,C ',cc c:t? er pJbiiC 1 ' S:"R'v'iCES ~,",~I2, DU'i I;-£ The C,]':..1:,,)$s,ona,rc: a,.~"ec, s lh,~ the oI')eralion and tT'anten;,nCe Ct the .... . ....... ,-,.-,,,.-.i ~3 to .':.,cc hnndled by tr~ine, d ;'mrsonnel 'v/ilh emr,!:asis (:n s;.!f~[.,, dr,t] ';:.,"lau'~r~r' :!~,:-; Rea::hsi:'jc., Facpl~ties and ~mmodiatoly adjacent ~eac.h m ;.., r'~.:tt :,~-~ C'r ',-:r;,, lag.'-~-.r' The Corce~',fi~ona~rc; hereby' agrees to pe,"1orm ,h,. fa!lo',vlnt; r..iamt:.,:.~ t:~e b:a. thr..-.,.~m h': :,:; ,:.t ';: n cfc. n,~ - -~ srJn,t;.~,-".,' C,";'r~C,'ltlOr': at at facilities (E) Col!eot. bag and place (l'~c aarbage ~.,, conta~ne's. ,3nd have the containers removed from th(; Prermse~ - (F) Remove trash daily and provide liner pizkup for alt tra$1~ and debris ,r, containers for the ,mn',od~aUJly adjacent b::~;ch, Boachside Faoimes, Boardwalk and surrou'~ding areas, excluding the Courty Public Parking ,Area. (G) Reserved) (H) Reser,,ed) (11 Ope,'-, and close the Park. according to , ~s,ab~shed Par;.', hours, subject to Section ~ above OOLiN fY PUBLIC ;"'ANKING Ak,'L;A. Couutv Pubi~c Parking Area sh;.,,.ll be Ir~ uch: re'z, ponsibility of County. Concessionaire 'ncur no ¢,'.xp_,.~.a",~',",;" or habd%' v.'~th ,'es.:~,.:t [t~,¢r,.. tb. I Il,: Cuncet;sl,7~.aire ,.,~11 ensure, that nc employees ','..ii! ....... ,. .. · F,.4,~, U~.trb ir tt'~' L~UDiI'.: .Ct C,¢'l,' (j ~il=l '¢,'orblr',C ~',L'urb. U"q!OS5 previously aiJp~'u',~:.; ir: ',',rillr'G ... ,, m ", ......... '' ' ' i'~,,. NC) DiSL;RI!.I'"~,,IIC,.,,' lhe r'.,~.~ .... '-~.,Io'~' -o ',,e' aL3roes that there sPai. be no d~scrim~nat on at: to race. sox. color, crc, e.'.J o' rational or~g~n in its operalions under this ,~qreemon., end fur'tm~.- there shod bo r,C ::: scr,minaton ~' --,-' _ .. Uo.., Serviocj. maintenance or opera!ion ,et the Pr,:;rnfs~:. ,',ii laciJ "l,O:," ..... r~- otoC ~'u ...... '~ tho Pre 'n ;,' ,-, ,",,.. ., sha[t bu .¥ta,ae. 3',,'allable to the pU .... '<UL~,ff,.;' IC t"~ r ;"~ C,f '" ' ~11~. , , . .. ., ,= ,'.~ ..... ;..,..~.., .... r~ ............. ¢t,,; t3 ostabl~sh ant · ~ ' .... " I!.; ':"' e~¢,",,ce ,J,=., and rer',.~ .:¢~l¢u,3,,=, t'.~ ~,u,'~de r'"~; .;. ,,¢,... o.'d~r1', ()potation and securitvof tho ORDERL ',' ~- ' ...... O, .,- R.t., ~ ~©1'..~' I ,.., I ".e ur.;',," '""lona~rc. shal; a, all times have neat ~3r, d c',rd(',rly o.,qerat,?,- nn.i r.~'nll rT.~a~nt.'~.r~ :.'ii n,':,.r'.6, x.~,,qr/ h.q.Jsokeepin:'~ services for ' ' permit'tod'to ~,le Prer'r~t;t,~.) ~ h.3rc, .'-,hal; ,";..o ne Ii',/no ¢-u,:Jr!ur ',o .~hjh ;~ '. ':'c, n ,:: ,')o live or', the 15 HOUF~,S ©:~ ,Oz~£~'C, TIOI'; (-%'br3CeSstOr~al.rU :~!~ali open · ,vt.e-.. u*,le~ ,:,:,;e~,'.;:~u ~;j,'ee,-; v. ,., :' ;. ;.' -;:ct,,.:,.- :..:' -';~r~ ~' ~nd F:,ecre~bon. ~ ~=~ ~ a~o '"'" open ~;'~,:~ ......... fr~r' 7L~.',':~ tb CU~k ' ' :~ · ' ~":"- " '~'-'"' .. ,n. ','".. Far," ~r,C qezreationtodoother,vise or the premises ute inu~, ~. in acccrdunc= '.','d~: ~;e:t ur~ ,:' ,_a~,.'v~ .... Du r~c.. ~-"l_mentr' weather. ,ne Concess;ona~r~ shall use ~t~ ov,": b~b* JL ~' ~ .... jr,,~rit r~garOr-,G :losing the concess{on. Co,ach'. shall have the right 1,3 request C,or{ce~'s;cr;a'.=e ts ~'. x,en,~' ' '~ ,~',' normal operating hours to accomrn()dato Ccunty-sporlsore'.d e,,(;~i'.) lc;' u:; t:~ 1 {~ h,sur5 8. f such extended operahons aer 'fear. at no cost to County. Concosslor~c~re rosol'~Od the ;ight. fu~ any oxtendu,d operation beyond 1 '3 hours po' y~ar, 1o re:iu¢¢e a ,.~r.[ten guarantee from' County ,evenuos to be generated durinc~ such extended hours. ~n amount(s) to be mutually agreed u;on by the pa~ios i==-'-Agenda I f. e'~' I , 1 u;1998 10. ~RICES. All paces musl be · " , arid rnu~t be approved in writing by tn,.~ .Director cf Parks and Recreation· 'lhe Concessionaire snail rent or sell only those m;rns approved in wrqmg by the County. 12' SIG,N~,_. Concessionaire sha!i, at,ts so:ecost, providearld rrmoves~gns at al put)li:approachostoitsconcessoqs. Allacve~smg. sig.~ageand posIingshal! approved in writing by tho Director of Parks ;~ac Recreat on 18 VEHICt ES IN PAR~: Vehid,:::;. ~ - . au,~,o.,,.od pedestrian trams. emergency vehicles and authorized constructx;n v.'-;hicb.~s, are oql,/allowed in areas where ,,,.ad/.,,.,.,.., are pro.,udud apr vt;hitler, ,,,,,ill park r',n ')' in a,eas ce;~:.:r)at~d fur vehicle p~;k,nrj. The Concessionair~ shall t ~'.,o ti',,.., rlr..jt~t {u u':.e ,,-,': ;ir, s, ,'~n tt:'e b~,~.ch only to load and _ c,B ,..)D_,o ';,AD F',~..= The sale or dvspu,;slr~y ~): beverage in lO CONIAINFR~, I¢' ',~ "" A ' - -" - ..~ ........ ,,r., t.,u ;)errnilted in the Park R,z,/eraces m;~v ~'e ", ..... c'c-,.-, ...... ,. eon.t. ;'.h-.:st'c or [.;L~;~er cups. althoL.~flh b~odcflradab;e coPra;nam arb ,' ' .. - . . nos, desired f/tm1 a L, obn~,' standpoint, l he dis~ensm~ and use of .~rra,,,/s is. -'~ ~ ,;, ,,o prohibited ..;. C;P,.,~.O~. ,'.?.)r'cC.,.:l.,n~,~r,:~ ,3 '. ; ' ~ e) :; that ther~-: ',v,l' bo no r,,,r:,- ight storage ','.'esl of the ;-' ,- ~' .... - .... u;,'~bb ,:~ SPOOF~i exCel;bop iS issued by the 21 t';O .... u~.,','-; F RC)US ,'.',,-. I - ....... ; ~eSb;b,"',a~r~ '-,.,t~'d!i r~ut use or permil in the g._,ar,.,,,o '- 6eachs~.de F;.icl;~h~,- r.,. p,;;-/, tko .~,tc~.ra.~t: :.; ,~ ur:,;i:i,b.t;¢Fi L)i!3, Oil lamps, turper, tin~ b~r:z~r'e, r'aptha, o;' .~,h.=, '-' ........ ~ .....'"-,-'.-. :;r - ou,,..:)wJ, ,,U (;.r ~r~l~I~'..5 L)r~,,hi[') torj ;c ;h~, ,'-.'~ :c:os '" ,,;.: ,F'sur,:tPt;b' dO:rli.~Sru.gb rjoir~g b .s~n.r.,ss ;r; the state o" 22. CO.'"~CU$S!C;NAIP, F 1',:OI iO F4E'"- '- , .... ,. ,.,.v,,- F'RD~.:~'ry. I-~e Ccncessiorx:~ire ~,, t. .... ~ tO n.., ,. romo','o ;~r,/ pe::;:.,q~l r)r-~'-.',-~.. :.. m ,:, the Park for the purpose of ties r'r',~et ~'5'-cu.r(tF ~:ltb t't. (b.! 3C'c.._:~id' (iL'r,?: ',CF ~'P.: ~':.':C:qi F:",'~P, t5 COPd',JC, J'~CJ [3¥ Concegsi©r, arr6' and (c) th.r; renal' or ;U;...u.;,..r'r~,L-nt. r.j~ ~rL.,k,;...,,-t,.,, I~l L.IrP,' C.'V'OFII thC' County shall be n,r- · . n.,,i,lud of an~, l.'":.,,:;.t(-:,.,fillL!! ~,=':';'K'-,, ;',, ,-,: i'-..j.:..br:)(;:,..~,, lilt~'~,, ai"¢,,?Ci t{l¢; style, amodRl or quahty of service or - ', ..... ac,.omm,,..;¢t~or, s a: :ne Par-, l.":e parbes rocogaiye that reducer.: by the removal of its propert'), ;-) ,' o , / ,-. -j Cot',tess oqair~ satisfies its o31igat~ons under this Agreement. il shall, within I~rter;n ( i F.} r'J;;,/s after expiration et' this Agreement, remove its personal property 3r~d ,.;qulBFr'ent from t,h.e ,L'remq~e:5, provided such removal can bo accomplished w.thL~ul damn?nc the Premi,._4es. Shodld Concessionaire fail to remove such personal prup~rt7 and equ~pr'~erM, th~ County may cause same to be 'emoved and stored at the cost and exper',sc ,,')f tho C,.')rcossioca~ro and the Count,,, shall 'I¢',,/r.:.' 8 COrl[llluir1, c lion '~ ", ~ .~ ' , ,urGe,. in tPe amob,ql cf ,. ,e cost aqC ~X,L)erlSE, Of Such removal and storage unti! paid. and may soil such persur~al urupert.,,, and reimburse ilsolf for such cosl and ex;ense, ir, clud~ng the ox,cans,,} of 23 SECURIqY. TheConcessioaam;shailprgvideanysecu.dtymeasures mo:,,' be required to protect the Beach Faci tms, anc its equi:)ment and rnatenais. Such . v . ,'~..su, es may rot violate local or stat(: la,,,,, or other restrictions ol this Agreement. 24.. NOL~- c I._N,.... Concessionaire agrees that il will not suffer, or :hrough its actions or [hose actions of anyone under its c,'2ritro!, or $1. ji')orvigion'caus@ to be filed upon tho Park ~n~,, iit:~] u: er~cdmbrarlC. U. ltl thu :'..vein: an'), ;ier': Is fi!ed, Concessionaire agrees to caJse sash lien to be d~scna~gcd with n ton (!(]) days of recer,vir, g w'r~tten notice from the CountT. Adm.nistrator o' by any Ott~¢.r state. COLIFt',r' · ¢-j ...... ' ,~c:, re. spon.",ibilities fo'r cor;e(;iion of any deficiencv rile,'- b'./ s',.'::h ~r,s .... ' ,- 2~J. F~ECOR~JS AL;QiT. T~e ConceYs~c)-~a:re aqrees to eslablish and mainlam such recorcs ;as mav [;e n'-¢"r'~''~ by the Cuu'~tv to s¢ov ~e c.',',d,m.-~, that :,~i terms of this tho right and autho,'itv to 3udc all re.:ord's an: ...... ] .... his 2o~a~nmg IrC ,ho concession operation Ssch audi~,,,,,~ll b~ con,: ~,,¢ a, I ......... ~ ...... at a fiequcncy deform,ned by the Ccunty "n ' - ,~ C SOR~FTIUrlICa[~C tO "~ C,~,,~L'.b .... rtrb ¢0 .....s 1o c. rovide materials fry the au(J:: at thp dc ..... / p , ' - . :,i;~.~e,. LI~.~ ',','lt"Ir' !~;re~ (:: bus~nesfi da','s after the Counly's notice is received. .. r.JF OR C Etv' L,,,~ , (A) Too p;~os ugrc.,_~ th3'. thc. (:m..,";f'.,. ~"'nf; ho,..,: ;~ ,'.;¢)rltmu'nc; her: on personal prsper-tT or Irade fixtures cl tt;~. Co;,,:s.:~ u. ri~ ¢,,.. locater at tt~,3 Cla,~ Puss Park. '.,,,S L; 'i,::l 3~,.~,' '.: $jC.!l ~ ,),,' ,] ;-,-: :-,*,:-,-:: "'t' . , '-';.,.'-;-,"~,;:h,L ~;J,"~,~ .','% Z:~ ,';' ?~ ]' ~'squiruC pa;'mont,'s) by tn{i: Conc~sb~¥:!3:r(- th,.": C,c..;ntv she!! have t,he rloh; tu possesson of and rotah'-, Conce:,ssi.ur':Cl:u s po's-m,3: p-op~..r't,, and'or trace f'xixres ',rs extent of the heroin descnb~d let', '.'ali.,,:. ~;r,t~! I1-.,'-: f'J:l nmou/t spa!! be paid, er lo sell Pu,);;~. &uctx),q ar;d after ~-"' ,-? -, ;... ,, ,rs teaser,aL;l), et fees ap~.:i';, the balance o: th,: p.,oceecr, to .*..c."- p.~vq~e.".:, a,qu H' Ir'ere shoJid be an,;, e,~c,enc., t3 resort to anv other !eeal ro:-ncdv ~.;','anable ;o tr:~ 0c.:ur,t,. $~mulh-jr~0OuSi'~, v., th the exe~Jtlon of lh s Arjree~nc:,~I the Curlceb:,,?~a~u ',.vii! furnish the 'Count:., v.,Jts t.,vo (2) compfete UCC-1 Slatemonts. to cove- such 2ors:)ral property o: rental esuipmen: at Oarn 2ass Park ~n an amount equal to the County',-.; i:en under this Agreeme.d. one to be filed Iocalh/ and one to be filed ir, T'allahassee Th~ UCC-1 S1atem..an~ shal? evidence fao County's secured status fcr ti'x; perlormancu cf ~hc. Ooncoss~o-.a,re's obhgalrons. Any IC change or amendment to the UCC-1 S:uI~n~er]t(s) :ndica(ing differenl property of Concessionaire to secure County'S hen ncr'cur':Jet shai; requ:re ~ wr.t/en amend~ne:~t duly executed by the parties. (,3) (B) In the event · ~o,a,,.~n of this A~reemenl b7 the Concessionaire. or if the Courlly or it5 a,.,th.:rh ..c :",-,-,-,-, ' ..... ~ ~ re~,, ~s~n~a',~','e shall c~ee[n any conducl on the part of the Concess[cnaire to be n.o~ec on the Concessionaire Inspecbon Report. the county shall have the righL to suspend lh,~ operaticn of the conr.;ession should the Conc~:~5ona~re fail I.o correct a q..' such · ~.u.'~uj... u: p, ra'.:bc~ l(.~ ~I~e sat~sfactio:] of the Coun:y. 7he Concess:oe[:~ro shaF no: ::.c"r'"*eqce operat,c);,, durirr3 such suspenson ur,ill 'he violat~o.'-', has 2eon ccr'e::r;d 25 P L R F O P,:',.I,:, ",J C F_ ~ O*., '~ Sh,a:i ;;(:.'..V v,.,l:' Ihff C;r: '¢' ,. ;t "".~ ..... -, - ' - . ' , , .......... '.- i--- -: .--, :;-.-. m':,~~' :f - r-TEL.'..; T!;CLSAt',,D ($15.0C'00C) :)OLLAN,~ (~es; ~ L_?., :;e ::' r,:i: r , Cf ;,- :.r a:'Jovc. , I r,r-. PeKormance bond - o,.'.:'.~c'.m~.;Jn,,,:~.-c-z,- '~d:l ': 'gt:u'..o'Lt ut .,~!.' Ir.'. .... rl...,':.; _i '.! .. · S,~hS,:=: ~:s "I,-,-,,.---' ., . ' '-" "': :::"' .:~.': 5'..,n:.3ss:or, a:.-...',, has '..-'- .u,...~.',,,..,.,S L."'h...e [',lb ,i.:",r:'.,-,~.-.-- ',.'*',; ConcesslT.-'.au-e r, rc'sgC, r',:' ',~(.;rl~,,es[:,:,O;l~l;e. bh,3i L;FC, Z,.'r('; il':,,':, foliO'.'. :n:-; Cr~,3ura[:Ce w~th insurance comp,an .,.es ];c.e:~$e-~ !n ,*'.,- :-:t,3h~ c.: ..... ,,-: ¢~': ~'~',-:1 fiiq ;-~,- ..... ., " '"" · ...... :..: ';'JCh PF'~3urOr',cC. with '.'re Col ~r C.ju.~tS, .~;jr~',: a:'~C F2,::.cre0:,c.-, IN S U FtANC U (1) Wor~,:er's Componsaton [ ') \ Promise Ope'asorh lncltJdecJ Product~ Comgle~c;d Operabun'~ Included, Incepencent Contr;JctDrs (0 C.P.) ncluded: Superx, ision Exclusion Deleted; Personal Inlun/ L~a bilit'), ~ 1.O(.)O.O,3fl. O0 Single L~rnit UodJly rnjdm/& Property' Damace Comb, r~ed Each occur'ronco Conlraclua! Indemnity/ $1000.000 Sincjie L~;nit !1 (4) (5) (6) t lold Harmless blod~ly Injury & Prooerty Endorsement Damage Combined Earth Thirty (30) Days Can;:ellation Notice Required. Collie. County Board of' Commlss'onors nltrf'ed ~as "additional insured." Tho Insurance Cerb,rcute must state the Bid Nur'~bor and Title. (B) Ail ~r',sura~,;u pol~cier, r~:fluired Stlaiil bt, issued and w,dtten with a corrpany or uumpanies authorized lo c;ngage ~n tho b~JSinofis of .genera', hability insurance (C) the Regisln/and/or ,quci~str.v s :.:e:~eral contrac;tor shall deiive~v to the Counly custornao' insurance certificates (..,'i insura~nce phc" to the construchor" of the Expanded Facili:~es ',,,'h~c!~ c¢:dificates shall ,;learly md cate ~nd evidence such '¢aid up classification as requ:red far strict oom;').l;.~r'(;e with th s Aeree ,-ner:t. Thn said contractor she i agree tu r~,r~ko rte chances r': tier. co at:o~l$ ,-'" ' - ..,, tho ~ssurar~Co v/¢taout thirty (30) days ;.)nor wrillen ;:(:,lice to the Co~;~qtv "t~:-., s;';d ger~,:,.ral cent:actor shal! assure tha't th,.'.' ir',.surar;c'.,-e: CO,/or~_:(:r¢ oro',':d'..;'J 3":4'.; "3:;:_ '~: t:'c; CDmpc4r ) cr curT~par',~OS v','ritJRt] such h".SLIr&nc6~ policy shall pro'.,,':c: '.c t~5 Co,mi;' .','r~t:er, ~':',1~t;r of cnnc-311at~on thirty (3ri5 days prier :o any such proposed ca-,gel!at or', ;r~,? Co:jr, f,' reber,,',:-;~ the n~jhl ,'o reasonably amend the i¢]surance requ~romer;:s bv rb~.uanc, o cf no:roe m ',',.'r~t~rlq to the General C.3r, trac:or Sa:" ' " (;.!j I;~ the cvf:nt that the (;cunt,.. Cons nut rll.d~nla~n such insurar]r..'e r.)r/ all County-owned personal and fecal property ~nd funds are not available for repair or replacement et' Faciht~es prowJed for he'~n, noth~ncl :.r.)ntained ~n Ibis Ac~reerr~enl shall be conslruec as imposing on the Coun?/:he obhgul.~:.)r:"to repair or replace t"he County-owned Facilities provided for hereto,. Should the Pr~rnisos. during tho Term of this Agreement, then become k~operab:e or if any required operatino~ perrniI be revoked as a result of any failure of C. ounty t(.~ r~aair or repl,aco a~';..~,¢u.,,y-o,,ned Facilities. Concessionaire shall have the option, with the prior written apuroval or the Director of Pa'ks and Recrealiur~. cf providing such repa,r or replacement at ~ls o..v:-: expense and to seek. lo obtain reimbursement from Ccunty for all costs ". ,er.,.,;,'-,~,,' incurred 30. INDEMNIFICATION '[he Cc, r;ces.~:~c, na~re a:.:rees to protect, dele'id, indemnify and hold harmless t,le County and ts officers, employees and agents from and agsinst any and all losses, penalli(~.,-:, d;im;-~cm'-; ~ttlerm'Jr~t.s. ¢cmt.~, chsrge~, professional fogs or cth~r fxp~nsr.:s or liabilities el every, k,~d ar;,j ct~u:a~.t...,r or~t~i~ out o:' Or r~lahng to any and ~II cl,.~ims, liens demands, obt..gat~ur-,..., achur '~, pruce.~:d~tgs ur ,.;~use:~ cl ~chon of overt kind and character in connecbon wtt~ Or ari$~r,g ali,ocli7 or indirectly out uf fi'us Agreement end/or the perforr'na-~ce thereof. 3'~. PERMIi'S; LICLNSES, TAXES Th,..- Concess~$r.a:;o and the County agree tO co'sc0rat,2 aqd to .... ' . .~ ~,u,': Oli "..'..~ .... ~'*~ U,_'.,,'~- r~ r ;:,~.'"...-,~ 'j,~ r I r~t: ¢,~., ~ C ? n5,'3 E ! ~'rJ~.b~r'.' for Concessicna~r~ ',- ~'; to cc;reply , ," _ . ~ r ~,..,n~,.d~,y of an employ'or with ,~, ...... ~ hvth.' - "~r-.-.-=~,~-;.~ ~hail he solely responsible for p~y~oni of an7 ~nC a. t:.x¢~*' ~evc. o o¢,t,%e ..*'¢).~,,~¢' ...... "~'un~ operation. In addihon, the Concessionaire shall comply, v,,~l",, ~li ra~es. :ec',Jiut:ons_ and I',,,,,-~,,o of Collier County, the state of Flor da . or the U S. Oo',.'~rr~m~nt r:t:,', ,r~ f,3rt'e or here~/'ter adopted 32 LJTiIITfFS · ~ ......... .; ~--- ' "~i::~ o'.'.; ,'.:.,b~, j.;ro,,'ide ,:.:jrl:,, i)ropar]e gas (~) Tho CC:,,C~..-::,b,...,,~ ..... '~.'~,, :-.., , or other luol~.: needed for ~ts , '-.,: .... ,: C'.: ,',,, :"::tv public telephone ' -' "31i.-,7 ' ...... irh-,,,31, "- ' ',"r. th(-;. (_7, C, 1,. 0.,., I C,!'l a i FO '--, ,-, - -r. ' ...... re,~tc... Shrill be submitted to the D~ v_,or czf · - 34 DE.:'AULT AND TF,;'?M!NAT,,ON It oithe- p;:r'.7 fa;is to comply with any of the terms and cor~d~tior;s hereof, and such nOl-~-cor'nhfllhll~CO i5 rsO', cured within thidy (30)days after written notice is given to the nr..)r~-curr,pi~,,,v~ pa;ti,', the n~n-ofh~rldlrig k:~rty may terminate this Ag'eemc. nt Should C. odnt'.,,, ur,let' the t.,P..rms of th~s ag'eement be entitled to declare Concossiona:ro. in dofaul' and turrt~:r~dtu , ~,jr.~r ~,,, then the County may revoke ,h. pr'ivilee, e el the (:,-m~--~,.:,-,.,r '-~re h, r.n,,-~r thc; P"er'r:~sCs for :he.. pur,..os..., for which th~s conces'~on ,.',';.as .granted arid tic,t; ,'.".o*jr'~t', ma,,' c',:Jst a',l p~os present upon the Premises attempting to exorose any of' the rig",ts so revoked. Continued occupancy of the facil:ty by Concessiur~aire after ~errrfir --, ....... ~' · ~.,.~,, r-;t, A ",.~"F-'f shal: ccnstitu[o trespass, and may be prosecuted as such. Ir. add t on. thd (';r.;r~r..'es,~;~or~a~re sba I pa,,,, to lhe Counly ONE HUNDRED ($100.00) DOLLARS per da'/ a.~, ,~qu~dated damages for such bvspass and holding over. 35. ADMIN STP, ATION. 'r h~:.~. A¢:rt;,,:rT}(;nt :3hail t)¢, administered on behalf Count'/by tho County Administrator or h:.~ desi:~rr, r, 30 NOTICES. T~tF RFGISTRY " ' S,l~.~ dec, mod (C/ Ti',,-, Coqc-.¢.c ,~r~3r,r, ?:mc; ',-,' '- - ........ ,, ¢ ,;r,./ rrb':.':.' cP, an,..~e the above '-nailing acdrc, sbes al any ~l,'"'lO UPOrq C.!i'..'H~(.~ thc. cthnr I')nrl, '.',r;ttc. r~ ,q'U~.CLitlOn All notices under tms concession A(.;reernent r'F~jst DC: ~r'l wr;t'n~j. 37 NOT A I EASL it jr:; px lr~.'-'si:' · · - I .... a~ that no pa~. parcel, budd~r~g, structure. eCuJDrrlerq, or SpOco i5 leaso.3 to tho Con.sessJoaa~ro subject on7 to the provisions . ~r~ lesscr,'iessee relat onsh~p be~noen the pa.'ties. Concessionaire's nghl Io operate the ('nrm,.ss~r.,r~ shall ccqlinue only 5c tong concoss on cperation comphes with the ur~de,'lakings, pro'.,i5uons, agreemenls, stipula~:..)r ~. dh.., condibons of *,his Concession/~g}reemer,', 38 NO PARTNFP,,SHIP. I',lo:h~nc h,':~:%n con:al::e:: ~.ia,I create or be cons r~ed as crealinw a padnersh,p beh,veen tit,.: Cc. utah,, uqd Ule O?'~CUL;tJt,t)fh~lrO or tO COnStitute '.he Com.;ess~onaire as aa agenl ct' the Count'>' 39 ASSIGNMEN- The Cor:cesslr.;qalre may riot assicn th s Agreement Or an'/ Cuuni" , part ther,e~;f, cv~thout prior w;lttur' auprc',,al of t;':e BL, ardur Commlssior~er.5. wtfich approval shall not be ur, reasonably withhel.:'J Th~ Agrc. emont shal! be bir~d:rLg Jpon ;',nd shall inure to thc benefit of th:,. respective s~JcF. CSSO?, and ,RRS~Cr~R Of t~l.e ;)art~e:~ hereto. if any 40 {;CHOP:'' ""r' , ..IL ....0,'. lr~ C,'.u:: ~.:,~..:.,-:...~ re ;.¢?i'ee lc, cooperate v,, ~h J :.x Courtly in conducl~rx~ surv,-,us. ,'.-~r~d t.',. r,u ','jf~,-- r,,' .... (,f v:sdor .. ~ -.' , .... t)r,.,.~ - dS,3~c: Of COr, Co~Sior'~ services Where tr~'.s /,,:jr~L'rm:"]t [?ro',udr."; fo,' !hL' OCt r~(~, (,'.; prc:.,:JC, ¢ response ,or DC. dO'rT, ~r~ .......... ...:.,¢,: ...... ,,... ) "~S;..:O,'qd 0," ,:JCl U;,O,q reflue, st. gn~ shall nht uqregg(-~na~)ly '.'::t~h.'z.,Ic qF. (tor, ge~I '.',here (".r.,jnty'r'. c:~m."'¢:rd ..,vu,:~, '.z, gtee':. ',<) L~ro'/:Je i~le : :.;'~Ce:::'Z:ortiJL"b \'~'t", ,-~,,JFqce qC't~CC: O~ al'iV S~,..~o¢l even', arid cucprdir;;.~te v.,'dh t.'~e Cor~:.:~s,..:,t)na;,e reqc.,rd~c; r,'~r-r;e County agre¢5 to provide Concess:or:;llr.-.j .,','ltl': r:otl(.',-> ,'¢ ',,, :,,, ~n~,' h, ¢, Of th,'.: ~U~dr;iL':-;~(.JU F-~JCil;ti,.:b L)t [ti(; ~O;.;;~,,'.,-; r, 41 FORCF t'.I,:,JFU:~= In Ih,,: c,.'.','.n: c,' 'p' - ' ,~y.,r .,,.,rrr~ reO bdes. burr,cane.,', or otqer such CrC~..I.~rre,'-,~.CS. the ':.;our, t', shn~', rc;m:)vc oF c.-]u:,c t:) :*e /ernr.)'ved ur',/ and all debrl:~ fron~ r-. ,-,.. . Pa ; ~ - ..... ' .'Rtz .ZJ~:I :l.,':S V.,'f'lt.';:l C.Qt']rllt':fj ;~, WAIVL,~ ~".Jo ,.'.'si,..,:..: ::; L.;::u ", (;,' aq, c:,,,':'~a~: or :.u~ldi:;t;r~ of this Agreement shall be taken tc constitute a v'a,.,'er o; an',,' subsequent breach of such covenant or conddion nor to lushly or e, ut;' t:,rL:~, t'~b .':o: c'.)~c:r,,or~me on 8r~,,, cther occas on of tho same or ar':y oilier CU,.~la:d ut (:.fcr~d~(u')r'. hC.r,zuF' r~ur Shrill '.me m, act~on of (]ountv at or, y time when Concess ona~re rs rn def~u:t hc;~eOf D,) construed as a wawor of such d(?~LJlt or County's ngh[ ~o terminate this Ag'oeme'~t duo to s~ch dO¢aLJJl, flor shall afl1' waiver of 1998 44. WAIVER, OF LOSS FROM H/CARDS. The Concessionaire hereby expressly waives a!l claims against the County 'o' loss or damage sustained by the Concessionaire froth o: by the public, or from the Registry, Re.,;ort. ~ts euesls and patrons. 45. CONFLICI'ANDSEVFPJ~BtL '~y Thc.. partles agree lhat in case any on,z or more of tho provis~ons contained m lhis A~rcoment st~all be held ~nva d illegal or unenforceable in any respect, such invalicit,;,, illegality or unefurceab~lit,/ shall not effect any other provisions thereof, and said AOreemer.t shall Ue ct.ms,rued as ff such ;nvahd, illegal or u~enfor¢oab!e provision had never [:'.:cn conga,ned 46. ENTIRE UNDERSTA',,/DING. This Conc,.t, ssior~ ,*..- ' ,~,creernent ccnf~ins tho firl;jl anti er',trre understanding and a§roomc:nl bot/,'c,,r:n the pad~es m;~mtu, Lind .supemece$ fSrlr..)r concesS On ~agre6, r'rl~¢,l o,' ~."~6r',£Jont:, [! ¢;,'~of betv,,c.-.e,q .%t;(;h p,~rlic;s ~r any St,'] ~r,..L'? q q f. :0 3r,-:5¢',~ t ...... , ~ , ~I .. ~,.. ,,.p r,;r,~7 ,. r COI';,'.J,'~.,;>r~ ~.~r:~ or /,.., ~'.r .... , - ,- , not be aff,":c .";d b,,/thir~ Ar..,- ,'.m,-.n .'"- .' .... :' .j e .m.. ,'~ ,::, ,'.m"/em,.~er ! 5 1983 47 F[ORIDA I.AWS Th,:: ~ accordar~r'o ~,,.,'ilh tho I, ..... ,o~, thc: si.ate, of P'lC¢,:;~. Co;lc'ess,on;;~ro must bt: re,:j~stered to conduct business ir I.qe stat,:: (;f Flarida ~;~d hc ¢,b!~. ',u furr',$h sahsractor/proof cf .~,uch ret:;'s(ra hen 48. COtvIPC,,".~EN- PARTS Th S ,:.~:r0,.';rr'er~l COn~:i'~ts of :he folk).vmg component verbatim: (B; Hue ,'2 1,6 IN WITNE$~ WHERPC)F. the Conuession~ira ar,~ County, have each, by' an aLt~uriZ~ Felon ur agent, Cxe~u~d t~;x Am~nned ~.~n ~t~d ~iam Pa~ Park ATTEST. BL~AR:.~ Ok COUNTN' COM.V, tSSION[R~ (;;Or tjEP, COUH'fY, FLORIDA DWIGHT = BP, r.}(.;K, CLERK. · ~y: .... Signr.,,d. $~al, g'~ ,end dal~','nrc, d in provence I'Cu,por~e Seal) ?u;:. AS_A©C.:ATION OF UNIT OWNERS OF i7 I~XECI:I'IVE SUMMAi{Y APPP, OVAL OF BUDGET AMENI)MENT TO COMPLETE TIlE PC MOI)ERNIZ,VI'ION PRO,IECT , OB,IE.CTIVE: Authorize a budget amendment re-appropriating $105,600 m complete thc balance of the personal computer (PC) modernization pmjec!. CONSIDI-___};R__A_T_IONS: The Information 'i'cchno!(~y I'C Moderni:,',ntion prqicct is treating thc completion stage and a number of out:qandi~g hems I'rolp, }:Y 98 remain Io be complelcd. 'I'otal forecastexpcndi~ures in }'Y 98 were $45t.300. lh)wcvcr, only $3,15.700 was actually expended o;' encumbered prior to ~hc end of risc fisca[ year, !caviag a project balance o1'5i05,600. As the entire $451,200 was forecast Jn FY 98 but not cxpcndcd/cncun~bcrcd, carryforward revenue should be available ;o fund thc remaining balance ~)t' thc I'C ModcrnizJtt/on prqject in F'Y 09 ttowcvcr, to the extent possible, staff nxoids appropriating carryfom'ard revenue until audited cartTf°rward figures arc ava fable. As a result, su~[F recommends re-appropriating the $105 600 project balance using available rcscr,'c funds. ' ' FISCAl, IMPACT: Thc total fiscal impact (~f this i!xccutivc Summaryis 5105,600. Funds arc avaiiable in the Reserve account of the Facilities .Management - County-wide CIP Fund (301- 919010-993000). These funds will he appropriated ~o tile PC Modernization prqjcct (301 121 I -~ 80180). The reserve account will be replenished when audited carrvG)rxvard l]ut~rcs arc avaitaNc. GROWTIt MANAGEMENT iMPACT: None. RECOMMENI)ATION: That thc l?,oard el' County Commissioners approve a budget amendment appropriating reserves to complete t}~c balance et'fine PC Modernization project. - .. I ....... ~mmm ~ccnnmogy I)irector APPI~OVEI) B Y: I)A'I'E: l0 lgg8 / , · EXECUTIVE SUMMARY · Al>PROVE UNANTICIPATED EXPENDITURES RELATING TO A WATER BREAK OBJECTIVE: To have the Board approve unanticipated expenditures relating to a water break as described within this summary. ' CONSIDERATIONS: During the week of October 9, 1998, two 4" potable water lines broke just outside the Administration Building. This flooded the general vicinity outside the building and the Human Resources Depa~ment inside. Related expenditures were as £ollows: ?ip¢ replacement (outside contractor) Rental ofdchumidific:~lion cqnipmcnl Backhoe rental Repair pumphousc ,.,.,all (~mtsidc cr)ntractr~r) Install drain and rog)adc landscape Water break alarm systcn:* Total $2,12 ] .00 $ 770.OO $ 134.00 $2.550.00 $7,250.00 S3,350.00 $ 16,175.00 *This system will go inlo an atann status when the water flow is high suggesting a break. Additionally, staffis recommending portable dehumidification equipment be used in the Shcrif'Fs Operations Building until acceptablereladvehumiditylcvclsarcrcachcd. When this building isvacatcd, the equipment will bc used in other areas with humidity problems and / or Flood dama~zc. Thc cosl o!"this equipment is 'r'~l~" approx i m atcl y S6500. FISCAL IMPACT: The total cost for all projects is $22,675. Funds would be transferred into the Facilities Management Cost Center (001-122240) from the General Fund Reserves Cost Center (001-919010). Any insurance proceeds w/Il be deposited back into the General Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve thc t]ood and water damage expenditures as listed above, along xvith the necessary' budget amendments. Prepared By: × "~c_.~'//~~~ Da re: Skip Camp, CFM, Director The Department of Facilities Management Leo E.'Ochs, Jr., Ad~ini.ftrator Support Sen, ices Di~/j,.~m Date: AG£ ND~, ITEM Nov ,/ AI'PI.tOVAI, f)F BUi)(;ET AMENDMENTS BCC Agenda November 10, 1998 Solid Waste Administration (Fund :'go. 470) Budget ,'~me,~dment No. 99-030 [{ CScr','cs Rcs,zrvc for Conting¢l;¢~cs lmmokalee l.andfill Op..crating Expenses !52,800) [;ilS, tiS l.or',.~ l'¢rm (Tare Operatin'.,I kxp,:n','_',, SS, l l){J Tmai - I) - [~xpla;la~.?n.' The ["lorida l)¢partmcr~t of t".n:'m~nn~cntal l'rr)lccllun is roau~rmg, i, new budgeted cost center t'<)r Ih.-' long-term ca~c ~)f Iht closed l:.uslis far:dP, Il site iT1 I:",m~ Budget AmendmtmI 1t99-025 Capital Outla,..' ($5,000) Total - 0 - l!xp!anatioa: Funds arc needed fm thc final change cmicr and close <>tit t~f thc priLic~l. When thc can.'y Forward is completed later in thc .',,'car, the funds ,.,.'ill bc returned to reserves. AGENDA ITEM ~o._/L~ ,~_~ NOV 1 0 1998 ~g._ I I3OAI~,D OI: COUNTY COMMISSIONIiRS MISCI'~Li.ANEOUS NOVEMBEI~, I 0, 1998 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITIJ ACTION AS DIRECTEI3_: Clerk or'Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1 ), the disbursement:s for the Board ol'Cotmty Commissioners for th\; period: A. ©ctober 12 - 16, I~,. ()ctobcr 10 - 23, 1998 District: C.. Collier ."4oil and Water Conscrvat{on I)i:;trict Notice {~f M(~ct. ing (]~ld~:n (Jitt~: Fire (ion\roi & I?.cscuc l)J:;trJct Agep, da of ()ctr~ber l,~,. 1998 SoL~t}~ }:lorida Walcr Manag~:mcnt I)Jstricl. l.ctter ~.~f Octo~;cr J 5, } 998 from Frank WiJlJamson, .Ir., Cimirman. ('J~vernJmg i'}oard to Mr. Robert I~,. I3radlcy, I)Jrcctor/OJ'l]ce of I'lanning and [~;ud~etJ:~g/O£I~cc of ,",iinutes: .'\irport ~\uthoritv zXgcnda off ()ctot~er t 2. 1998 and ,%'linutcs of Scptcmbe. r v 1. I). I':nvir(mmental Policy '['echnical Advisoo, Board Agenda\ off()ctober 19, 1998 }lisloric and/%rchacoiogical t~rescrvation [~oard .qgend~ (~I' ()ct~b,:~r 16, 1998 and .X~i~tltcs oF September 18, 1998 Immokalce 13cautil~cation ,,X, dvisor;. (7{~mmitt~:c ,\._cc~(la o1' ()ctc~}'>cr 21. 1998 and Minutes oFSeptcmbcr 16. 1998 Isle oF Capri l:irc (:on\roi I)istrict ,'\ctvisorv C(>mmittcc I%'linutc>; r*f'()ctob,.2r 1 1998 ' · l.cc Cot_mir IVlctropolitan [>land,lng Organi~'~tion/\gcnda ol'(')ctobt:r 16. 1r~98 and l~ecommendcd 2020 Tra,'~sportation F'lan Amendments in the ltonita Springs-t:istero/\rea and Adoption off 2020 f~lan Amendments ~,,, thc Eec coul]tv ' (}. Pathway Advisory Committee Agenda o£Octobcr 16, 1998 and Minutes of August 21, 1998 :---,AGENDA "ilLEM .o. / ¢, NOV 1 0 1998 eg. / EXECUTIVE SUMMARY PETITION V-98-14, MARK & ANN HUNTER, REQUESTING AN AFTER-THE-FACT VARIANCE OF 6.9 FEET FROM THE REQUIRED SIDE YARD SETBACK OF 30 FEET TO 23.1 FEET FOR PROPERTY LOCATED AT 2121 CAKES BOULEVARD, FURTHER DESCRIBED AS THE SOUTH HALF OF TRACT 13, GOLDEN GATE ESTATES UNIT 97, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioners request a 6.9 foot after-the-fact variance from the required 30 fool side yard setback for a structure, along the north property line ~o allow construction to continue on a garage. CONSIDERATIONS. The petitioners v,,ish to allow a garage under construction to remain as it currently exists on the subject property. The petitioners planned a side setback o;" 30 feet for the proposed garage, however, an error in measurement resulted in the encroachment. There is no land related hardship, however, the petitioners are acting as owner-builder and the relocation of the garage would cause financial hardship. The subject property and the adjacent lot to the north are heavily wooded, which may ameliorate the impact of the encroachment. 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 Su~,ey and Assessr"lent waiver is not required, r~o I'10V 1 0 1998 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 15, 1998, and by a unanimous vote, forwarded Pe!ition V-98-14 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: FR~D~EISCHL, SENIOR ¢~NNER ,~0~RENT PLANNING !/EVIEWE~ 0~': CURRENT PI.ANN NG MANAGER DATE DATE ROBERT J, MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP D--ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERV!CES ADMINISTRATOR executive summaryN-gS-14 No ~ NOV 1 0 1998 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DATE: SEPTEMBER 15, 1998 RE: PETITION V-98-14 AGENT/APPLICANT: Owner: Ann S. & Mark T. Hunter 2121 Oakes Boulevard Naples, FL 34119 REQUESTED ACTION: The petitioner requests a 6,9 foot after-the-fact variance from the required 30 ~oot side yard setback for a structure, along the north property line to allow construction to continue on a garage. ~o /Y /Y NOV 1 0 1998 J8 I GEOGRAPHIC LOCATION: The subject property is the south '/~ of Tract 13, Golden Gate Unit 97, located at 2121 Oakes Bouievard. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes Io allow a garage under construction to remain as it currently exists on the subject property. The petitioners planned a side setback of 30 feet for the proposed garage, however, an error in measurement resulted in the encroachment. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North East - South West Single family house; zoned E Undeveloped lot; zoned E Oakes Boulevard ROW Single family house; zoned E Drainage canal, across which is property zoned A 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 TRANSPORTATIO_N_,__INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on :,nfrastructure, transpodation or the environment. ~o /7/~ NOV i 0 1998 ANALYSIS: Section 27.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8 which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No. The subject improvements could have been configured to fit on the properly with the required setbacks. bo 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 encroachment is due to an error in measurement. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there is no land related hardship. However, the Petitioner is acting as owner- builder and the relocation of the garage would cause financial hardship on the Petitioner. do Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The slab is existing and therefore would be the minimum variance required. 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 smaller side yard than w be permitted for a similar lot in the E zoning district. However, the adjacent it is ~o /? ,d/ NOV Z 0 7998 undeveloped and (with a 30 foot side yard) the closest structure constructed in the future would be 53.I0 feet away. fo 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 vadance wilt reduce lhe 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. go 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 subject property and the adjacent lot to the nodh are heavily wooded. ho 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. STAFF RECOMMENDATION: Due to the fact that the encroachment will be ameliorated by existing vegetation, and that a separation between structures of 53.10 feet shall be maintained, staff recommends that the CCPC forward Petition V-98-14 to the BZA with a recommendation for approval. NO',/ 1 0 1998 PREPARED BY: FRED ,B'EI~C, HL, SENIOR PLANNER CURRENT~PLANN lNG DATE REVIEWED BY: ~ON-ALD F. NINO, AICP, ~ARA(~ER CURRENT PLANNING DATE ~O BE ~l~l~, DtR~CTOR PLA~gE RVICES VINCENT A, CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number: V-98-14 Staff report for the October 15, 1998 CCPC meeting. This Petition has not yet been scheduled for a BZA Public Hearing, Collier County Planning Commission: C~._..A,EL~ CA'CrC CHAIRMAN AG~ ND,~ LTE~ ~ /?Zv HOV 1 0 1998 David and RuthAnne Lincoln 2061 Oaks Bird, Naples, FL 34119 941-598-4203 10-01-98 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT 28C0 N. HORSESHOE DRIVE NAPLES, FL. 34104 CURRENT PLANNI'NG RE: PETITION # %95-14 FOR AFTER- THE- FACT VARIANCE. DEAR MR REISCHEI., SENIOR PLANNER WE HAVE NO OBJECTION TO THE APPROVAL OF THIS VARIANCE FOR MARK AND ANN HUNTER, 2121 OAK£S BL'~T). SINCERELY, RUTHANNE LINCOLN 1998 has f~ .... as a -,~--~- ~ ~ ~ac% that ....... ~ sal~ '~-~' 'C*iL7, S and in accordance with ~e?:iat:sr, s cf sa:d Land Development Code ar, ctr, e ~oard ............ ~' '= ','~r2 ze%uack t -~ lO feel as NOV 1 0 1998 2 12 Dl=tr:c'. .......... ',,"~,-r-'- sa:'] F, roOr.'ty. .... :s ' za,:ec~ , ?~ojec:. ;c t.h,._ _ .~c;ll,'/,:LNg %ham ~6 persen~ cf the aclual replacement cost cf the structure at the time cf i:s destruction, any reco~s:ru{:=icn shall cs:',fcrm %c the ~rc'.'ls~,sns of The Land Development Cote :n e~fect at the t;me of reconstruction. , i99~. B©APD OF ZO"iNG., APPEALS -.-, .-,v FLOR iOLLiER .,~,U~ .... iDA 5AROAPA P_. 5EPP.'f, Cha:.rman I -2- NOV ] 0 1998 '~ 0V'22"_~° v, '55.07' ~E NDA J..TE M (PLAT) (FIELD) ~, I~OV i 0 1998 -~. ~ ,,, EXECUTIVE SUMMARY PETITION PUD-98-10, MI),. ROBF, I(T I)I. JAN[:,. AI('P, ()F I IOI,~:,, MONTES AND .;\SSOCIA'I'ES. INC., REPRESENTING JIM COI,OSIMO, 'I'RtJSTIiI.:, REQUES'!r'ING A REZONE FP, OM ESTATES TO ';PUD" PI,,\NNF. I) l.;Nl'[' I)EVISI.OPMI.LN'I' '!7) t~,1:, KNOWN AS CAMBRII)GF. SQUARE PUD FOR PROPERTY LOCATED ON TIlE NOP,'I'f-t SIDE OF PINE RIDGE (C.R. 896), APPROXIMATE[.'¥ 300 FEET EAST OF LIVINGSTON ROAD IN SECTION 7, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLI.IER COUNTY, I:'I.ORIDA. CONSISTING OF 12.79 ACRES. OB,IECTIVE: This petition seeks to have certain property rczoncd fr(m] "f'7' Estates to "PliD" Planned Unit Development to bc known as Cambridge Square t'[!1) which will con:dst of office and group care thcilitics. CONSII)ER:\TIONS: '/'he Cambridge Square PUD provides for a mix of commcrcial/{d'Iicc and social service uses such as child care. schools, churches, and group care facilities. C{m'n'ncrcial (~-!/T type uses are permitted in Tract A ()f thc project while transitional personal services uses arc only permitted within Tract B. Thc PUD document allows tip to 35,01')0 square feet of C-I/T i~scs. {m Tract A and a maximum floor area ratio of 0.45 fbr an Assisted [,iving Facility (AI,t:) in Tract B. This tract also allows for other transitional uses such [ts churches and (!ay care thcilitics, l,astly, there is a 2.59 acre wetland preserve area along the eastern properly line. The subject property has approximately 990 feet of frontage on Pine Ridge Road and is adjacent to thc Naples Gateway Piti) to the east. A full access point will be provided from l"ine P, idge serving both Tracts A and B. The subject PUD proposes to allow C-I/T uses on Tracts A & B consistent with the requirements of the Pine Ridge P, oad Mixed Use District (Ordinance 98-26) that was approved as an amendment lo the Golden Gate Master Plan. A description el'this district advises that no more than 35,000 square feet of office related uses are permitted v:ithin this district. In addition, schools, churches and day care facilities may be developed along with Category I and Il Group Care [:acilities with a Floor area ratio not to exceed 0.45. l)cvclopmcnt within this district is subject to the following conditions: I) There shall be no access to Livingston Woods Lane; 2) There shall be a minimum hmdscape buffer of 75 feel along thc north and ,.,.'est property lines: 3) Driveway access, parking and water management facilities may be alloxved within the 75 foot buffer area along the west property line anti water rnanagemcnt facilities within 75 feet of the noah buffer area, but these facilities shall be no closer than 30 feet to any property lines: 4) No automobile parking, homeless shelters or soup kitchens shall be 5) The eastern 2.59 acres, more or les,*, of'I'raut 28 shall be preserved as wctlamls. ,~o NO¥ 1 0 1998 1 Thc Traflic Impact Statement ('I'I,%) estimates tile site generated trips t() bc approximately 2,003 average weekday trip ends. These trips ,,','ill not exceed 5 percent of the LOS "C" design volume on Pine Ridge Road or lower the capacity below any roads adople, fl [,OS "D" and "E" standard. The Traffic Circulation Element (TGI-i) lists Pine Ridge Road (C.R. 896) as a 4 lane arterial road. The current traffic count tbr this segment fronting thc project is 40,978 AAI)T which results in L()S "D" while thc adopted standard is LOS It should be noted that thc subject site is adjacent to tile Pine Ridge Road Interstate Activity Center:to the east and Estates zoned propcFty tO the north and wcst. As previously noted, thc I'UD Master Plan provides 2 prhnau' land use parcels on-site. Thc purpose tbr each parcel is to provide a transitibn between thc proposed land uses and dm residential land uses ir) thc west and mmh. To improve the relationship and compatibility with thc adjacent residential land uses. this l'[JI) provides a minimum landscape buffer ()t' 75 feel along thc north and west properly lines. Furthcmmrc, there shall be no access lo Livingston Woods I,anc. I iowcvcr, driveway access, pltrk~ng and water management lhcilitics may be allowed within lhc 75 fl){)t hullkr area along Ibc western prt)pcrty linc and water management hcilities within 75 feet of the no:%crn buffer arc& but these facilities shall Dc n(~ close~ dmn 30 l~et Io any pmpcny linc. l,a,~tly, n() ;mt~):n(~})ilc parking, h()mclcss shelters ()r sotlp kitchens shall bc pcm~itted while tl~c eastern 2.59 :~crcs. m(,'c ~)r less. c)f'lract "A" shall hc preserved as ~vcthmds. Since t}~c Pine Ridge Road Mixed I,;:.;t: District r'equircs increased I;mdscaping/huFl~r areas ;md limits the approved uses to no more than 35.000 square [)ct ol'G-I/T ()l'[}cc rciatcd u:~cs, this project shr>uld not adversely impact thc adjacent pr(~pcr~ies. With respect to Ibc matter (ffcmnpatibility with the Fl,lJli. this is an evaluation who>sc primary focus is similarity oF land usc and relationship to adjacent land uses. In thc case at hand, and based upon thc Golden Gate Nlaster Plan, wc have an expectation that thc land wilt bc used and developed for those land uses authori×cd within thc I>[JD. The proposed PI, JD Document includes lower intensity transitional and of'floc uses versus the retail uses allowed within the 4 approved PUD projects to the east. lnaddition, thc l)lJD cxcludcs homeless shelters and soup kitchens as permitted uses. InTractt3 is a proposed Assisted [,iving Facility which is less intensive than the permitted uses on Tract -A,' and is compatible with residential. These proposed uses provide a transition with tile single £amily residence to thc ,,,,'cst. In additir)n, thc 75 Foot wide buFFer, adjacent to I,ivinsjston Woods l,anc provides sufficient separation to maintain compatibility with ad. iaccnt properties. Lastly, thc AI,F structures are limited to a maximum height of 35 I'cct, which is similar in hcighl tt) tilt t':statcs ×(ming district. Thc C- 1/T office uses are a logical extension oFth¢ approved PUD commercial ×oning to tilt east that permits retail uses. The Collier (,'ountv l'lanninM C(,mmissit)n reviewed this petition during fi~cir public hearing c~n October 15. 1()(}8. [/x'',~ v()tc o1'7 t(~ (), they [brwardcd Petition 1'1.~1)-98-I0 t() thc Ilo:lrd oFCoumy Commissioners with a rcct>mmcndatitm ()f appFoval. It sht)uld hc noted that no individuals spoke in opposition during thc public hc:~ring. Since stall' has not received any letters in opposition to this request, this petition has bccn placed on thc summary ac3enda. NOV 1 0 1998 ~Pq. - c>~ FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if dlis amendment achieves its ob. it(rive, the hind ',,,'ill bc developed. 'l'he mere fact that new development }las been approved will result in a future fiscal impact on County public hcilitics. Thc County collects impact fees prior to the issuance of building: permits to help off-set tim impact of each new development on public facilities. Th(se impact fees arc used to fund projects in thc Capitai tm. provcmcnt Element needed to maintain adopted levels of service lb( public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of sem.,ice, the Count5.' must provide supplementa! funds from other revenue sources in .'o,-, o.d., ,o build needed facilities. GROWTII MANAGEMENT IMPACF: Thc subject property is located within Iht I'inc Ridge P,{)ad Mixed IJsc D/strict that was approved with thc adoption of Ordinance 98-26 of thc (k)ldcn Gate Master Plan. A description of this district advises that no more than 35,000 square/kct of office re!atcd uses arc permitted within this district. In addition, schools, churches; and day care Ihcil~tics may bc developed along with Category [ and IF Group Care Facilities whh a Floor area ratio n{~t I~ cs(ccd 0.45. Thcrclbrc this petition i:~ fi[l}y consistent with thc FLUE to thc GMP. Inasmuch as thc usc of thc subicct property will not lower thc !cs'el of service below adopted standards, th(re should bc no impa~t on level of sc(vice relationships. Appropriate stipulations to be included in thc I'[/[) will ensure that l,and Development Code requirements will bc made applicable to thc development of thc su~icct property, particularly as this rclates to native vegetation retention. PLANNIN(; COMMISSION I,II'XiOMMENDATI()N: Tile Collier County Planning Commission recommends approval of Petition PtlD-98-10, being an application to rezone certain property from "F," [£statcs to "PUD" subject to the conditions of approval that have been incorporated into thc P[ID document and attached in the Ordinance of Adoption and made a part of',his executive summarv. AG E NOA_..I T E.,~ NOV I 0 1B98 PR. EPARED BY: · LANNIN(~ .Si;RVICf;.S D[!P/\R'I .vII;NT APPROVE, D/BY: / , j./..~._~/'--'-// / VINCENT A CR{.'TE~(). AICP ADMINtSTRAT(~R COMML,,I[~ DEV. ANDENVIRONMhNFAI. PUD-9,~-I0 EX .R['.U,M/\RY RVB rh /~', t. 7~ I)/\'I'~[ / l),,VI'li NOV 1 0 1998 TO: ~! E~I()IL,\N DI.;5I AGE::DA I TEZ 7-I FROM: DATE: RE: OWNEIUA(;ENT: COI_LIER COUNTY PLANNING ('O.M.XlISSION C'ONIML~.,~I I"5 DE ,,' [:LOP: IENT AND E.',;','IRONNIEN"F..\I. SEPTEMBER.~~,"" 1998 PETITION NO: Pt;D-.98-10. CAMI3RIDGESOL'AREPUD :\t:erlt: Mr. Robert Duane. ,.\ICP tfolc, .Montes &.,\ssc, clatzs. Inc. 710 l//' Street South :,;aDios. Florida 3.11{12 ()',,v I'~ C r: ACTION: This petition seeks to have thc herein-described land rczoncd from its current classification ofi'E'' Estates to "PUD" Planned Unit Devdopment to be known as Cambridge Square. GEOGRAPHIC I.OCATION: The property is located on the north side of Pine Rid_ue Road {CR-S95). approximately 3()0 feet east of Livingston Road in Section - Township 49 Sotlth. Range 2(, East (Sec location map on l'oltoxving pageL P UR_P_OS E/D I'L,5._C RI PTI O N_QI:' P RO,J.E.(.'T: The Cambridge Square PUD encompasses a land area of approximately 12.79 acres, of which 2 tracts (A & B) have been established to provide for a mi× of cornmercial, office and social services such as child care, schools, churchcs, and group care l'acitities. The commercial ('-I,'T t.vpe uses allowed in Tract A of the project comprises 5.'78 acres ,.vhilc transitional personal services uses are limited to 7.01 acres v.'ithin Tract B. Lastly, there ~s a 2.59 acre wetland preserve area along thc eastern property line. The PUD document allows up to 35.0{.)0 square feet of C-1 'T uses. on Tract ,,\. Tract B will allow an Adult Living Facility. The subject property has approximately 990 feet of frontage on Pine Ridge Road and is adjacent to thc Naples Gateway PUD to the east. A full access point ,qI1 b,e~~ from Pine Rid~.z,e serving both Tracts A and B. I ]998 Z S URRO_UF D I N G L :\.',; P_2; S E_,,:L3~D_Z O,X I Existing' The subject property is cum:nth' undeveloped and is veuclation. The site is also zoned "E" ': ...... - 5u,wounding' :,;orlh- To the north, across I_ivirlZ:Ston x, Vo>ds dwellin-'<_, that arc zoned r, st,.,tes.'-- ~ East - The abuu~ng property to the east is approved as a prcscr-,c tract for t}'~c undeveloped .Naples Gatcwav PUD. This is a commcrcia! within the Pine Ridge R. oad Interchange .,\cuv~tv gotit}l - Tolhesouth is Pine Riduc_ P, oadthatisa4 laneancr, a~' ; ' road. Across Pine Ridge Road is a proposed fire station facili:v that ~s/,mod Public !,;sc and an cx/st~ng golgdriving rankle fY~cilitv. \V,,:s:- thc ',vest ~s a sintzic family d'.',clling on land that GROXVT.H ,M..~NAGJYMENT PI,AN CON_SJSTE,NCy: All of tta0 subject property ts located within the Pine Ridge Road .",lixcd L;sc District on tile Golden Gate Master Plan. A review of consistency, relationships with elements of ~J..~c Elcmcl~l - The subject PUD proposes to al]o',t C'-I.T uses on Tracls .,\ & B consistent with the rcqu~rcmc'rtts of thc Pine Ridge React Mixed [.'sc District. Ordinance ')S-20 that was approved as part of the ©olden Gate :\lastcr PlarL A description of this district advises that no more than 35.000 square feet of office related uses arc permitted within this district. In addition, schools, churches and da.,,' care facilities may bc developed along with Category.' I and Il (koup Care Facilities with a Floor area ratio not to exceed 0.45. Development within this district is subject to~ the following conditions: 1) There shall be no access to I,ivingston \Voods l.anc: 2) There ~hall bca minimum landscape buft~r of' 75 feet along thc north and west property' lines: 3t Drivcv,'av access, parkinu and water management facilities may hc alhm. cd within thc 75 lbot buffer area alonut the ,.',.'est property, line arid water management facilities ,,,,ithin 75 feet of Ibc norlh buffer area. but these facilities shall t',c no closer than 3(} Ii:ct to any property lines: 41 .",'o automobile parking, homeless shelters or soup kitchens shall bc pcrn'~ittcd: and 5)Thc eastern 2.59 acres, more or less. of Tract 28 shall be preserved as wetlands. It should be noted that Section 5.'2 of thc PUD document lists tine pernnittcd uses that ;irc consistent with these conditions, thcrclbrc, thc this petition complies with thc Pine Ridge Mixed Usc District of the Golden gate Master Plan. Traffic Circulation Element - Thc Traffic Impact Statement estimates the site ucncratcd lrips lo bc approximately 2.003 average wc'ckda,.' trip ends. -I'he highest Peak }lout -['rips are approximately 198 trips. These trips will not exceed 5";, of thc LOS "C" design volume on Pine Ridge Road after trip assignments and adjustments arc made, Funhcm~orc. thc site_ucnerated trips uill noC"eY',. _~.~.~a't concurrency' problem within thc projects radius of de;'cic>pmcnt influence IP,[)I) bet[oust tile project trips don't to`.vcr thc capacity' below any road's adopled LOS "D" and "E" standard. 'linc proposed PUD rezone will not create or cxcesslx'clv increase trafl}c ccm~:cstlon cm thc artcFlai roati s',slc'n] at built-out and corer)lies ,.vilh Policies. 1.3, 1.4.5.1. ..... q '" -,._" and 7Y The Traffic Circulation Elemcr~t ['I-CE) lists Pine Rid,,e:_. Road as ,',. 4 lane :.merial road. thc current traffic count for thissetzmcnt fronting thc project is4(LgST..\AD'['. Thc resultinu roadwav, opcr:',tion Js [.OS "D while thc minimm.n standard is I.C)S "F" Timrcfi',rc. this project uccts ti;,.: ('ounty's concurrency requirement and is consistent with Ibc standarcts rcl;.:rm~ccd in Pc, licv t.4 ('if ~!',e TC_YE of the G.M?. OpefL..~.a,_Ce F. lcmc.al - Thc total open space (3.99 acres)and tl~c ,qpcn :;¢acc that each individual dcvclopmcnt parccl sets as;ldo as a funcYlion of complyinu ,,v~th setbacks, water mana,_:'cmcnt and design features exceeds thc thirty f30) percent ~cquircd h,.' t}~c I.D('. Staff is confidc:',t that this project as designed is consistent with the open space clcrncnt. ~.l~°.c.r Applica~g&tl.U - These clements include utilities and x~ater n~anagcmc~i ;acilities. Development of Ibc land will proceed on thc basis of connection to thc County's sewer and wa~cr distribution system Ch;cc these utility lings arc completed In accordance with ('otmtv stam!ards, they will be deeded to thc Collier Coantv Water-Sewer Dismct as required by County ~)rdinanccs. proposed water management system ~br thc 12.79 acre site will consist of three acres of retention, detention arexs that will treat thc required volume of storm-water nlnol'( Thc system will be designed to alternate the peak discharge tbr thc 25-year/72-hour desima sto~ ~n accord&ncc with the roles established by the SFWMD. All water management facilities wiYI be constructed consistent with County Ordinances and they will also be reviewed and approved as a sanction of obtaininu subsequent development order approvals. Thcrclbrc. this petition is consistent with this the GMP. Staff's analvsis indicates that thc petitioner's propcr~5 is located outside an area of hist(~rical,and archaeological probability as referenced on thc official Collier County. Probability. Map. 'l'hcrcI~)rc. an Historical. Archaeological Survev and Assessment is not recruited. }to,.vc,.'cr. this project ~s subject to Section 2.2.25.S.1 of thc Land Development Code which requires thc ibllowir~: If. durinu tile course of site clca~ng, excavation or other constructton :.tctlx'llv ail historic or archacoloui~_al a~it'act is found, all development x,.~Jhin thc nllni~"tlum at'ca necessary to protect the discover,, shall be immediately stopp:zd and thc ('oilier ('panty (-'{.)dc [:}nli'~rccmcrlt l)cpa~rncnt contacted. EVALUATION FOR ENVIRONME,NTAL, TRA.~'SPORTA'FIO.N AND INFRASTRt'~CTURE: This pmition has been rcviev.'ed bf' the appropriate staff responsible for oversight related to ~}'~c abi°vc referenced areas of critical concern. This primarily includes a review bv the Commuiutv Developnlcnt Environmental. Engineering staff, and thc staff of thc TransportatiOn Department. Th~: environmental review indicates that the subject site consists of 2.59 acres of wetlands and 3.9 acres of unimproved pasture. One preserve area comprdsing thc 2.59 acre wetland has been provided along theeastem property line. This petition ,.',.'as reviewed by thc EAB on September 2. 1998. l'hc EAB recommended that a copy' of thc SFWMD pcn'n~t is required prior to dcvelopmer}i- app,.m,~~ Transportation Department may require an additional lC) feet of right-of-:,.'av for thc ~'idcni(~,_,-of Pine t.lr ,.; 1 0 1998 Ridge Road. Other approval stipulations from ~hesc rcviev,'ing agencies arc contained :,.'~ti',~?, thc pl..;[) document. StatT completed a con,.prchcnsi'cc evaluation of ibis land t~sc pct~:ion a~d t}~c criteria (,r~ which a favorable clctc~ina~ion must be based. This evaluation comDrchcnsivc ove~'icw of thc impact of the proposed land use chant~e, b,: they positive or r~cgat~ivc. culminating in a staff recommendation based on lhal comprchc;~si~ c o~crvie~v. Thc lislcd c='i:cria arc specifically no~cd in Section 2.7.2.5 and Section 2.7.3.2.5 of thc l.and [)cvclopmcnt ('ode ~hus requiring staff c,.'aluation and cornmcnt,=and shall be used as ll~c basis for a recommendation of approval or denial by thc Planning Commission to thc [~C(~. [5ach of t}~e potential ~-t~pacts or considerations iclcntilScd dunnt: thc staff rcvic~v arc listed under each of ~tqe cri~c~'ion noted and arc cate~zorizcd as either pro or con. whichever Ibc case r~aav eac~ of t}ac criterion ~s (;)l~()'.vc(t by a summapv co~clus~o=q c~Imir~aiinM ~ a (tclcr~q~t~ation of compliance, non-co~pliancc, or compliance xvi~h ~nitigatio~. 'l'hcsc c,.'ait~atio~s arc c,~t~p}ctcd separate ctoct~cnts and arc allachcd Io lilt stal'F rcporl as [i:<hibit "..x", In additior~, appropriate evaluation of' petition,s Ibr rc>:or~g shot.~lcl cstahlish a l'actual basis supportive act:on by appointed and clectcd oflicials. The cv;~luatior~ by professional 5;tc~t't' should ty~ically include an analysis oi'the petition's relationship to thc con~mut~itv's future land usc plan. and whether or not a rezoning action would be consiste~t with thc ('oilier C'ount',' (_}MP'(i~Idcn Gate Master Plan alld ali of its related elemenls. Other evaluation considerations should l~cludc an assessment of adequacy' of transportation infrastructure, other it~frastructure, a~d con~patihility with adjacent land uses. a consideration usually dealt u','ith as a facet of analyzing the relations}~ip of the rezoning action to the long range plan I~r future land uses. N'ot~viths~anding ~he abo~c, s~aff in revicxving thc de~e~inants For adequate tlndings to suppo~ a rezoning action advises as t~-'lows. Rel.~tionsl~ip Lo Future and Existing Land Use.ti ..\ discussion of this relationship, as it applies specifically to Collier County's legal basis for land use pinioning, refers to the relationship of the proposed zoning actior~ to the Ft~ture Land Use t:.ler~ent of the (Srov,'th Nlanage~'~e~t Plan. The surrounding proper'tied include the l'ollo;ving land uses: The adJacent proi~cn.v tn the east of Tract "..\" is zoned PI.'D. This comn~crcial Pt~'D is located within the Pirie Ridge Roa&."I-75 Interchange :Xctivitx' (Tc'ntcr. Thc pcm~ittcd 'uses ~vithir~ this PU'[7' and thc three other approved PL:D projects within this .,Xc~ivitv C'cntcr contain land t~scs that arc s~nqilar to thc C-3 district. To the south of Tracts ".-X" and "g" across Pine Ridge Road is a driving range and a future Fire Station. The propers>' to the west contains one singlc-l'an~il~ d~t'ellinu ~hat free, ts on both Pine Ridge Road and Livingston Road. The properties ~o ~he nomh across Livingston Woods are pa~ially developed with single family d~vcllings and are zoned "I? t~s~a~es. To improve the relationship and compatibility with ~he adjacent residential iand uses. tt~is Pt2D provides a minimum landscape buffer of 75 fee~ along ~he no~h and ~t'esl propers'., lir~es. Furthermore. there s~all be no access to Livingston X~'oods I.anc. }to~vcvcr. drivc~vav access, parking and ~vatcr ~anagcmcnt facilities r~av be alloxvcd xtithin tine 75 foo~ buffer area along the west property' linc and water managetnent facilities ~'ithin 75 feet oFthe nomh buffer area. but these facilities shall bc no closer than 30 feet ~o any prope~y lino. L~tly. no automobile parking, homeless shelters qr sot~~ shall be pe~itted while ~he eastern 2.59 acres, more or less. of Tract ".-~" st~all ~c prcsen'ed as 4 ,~ ';3',' 1~0 1998 1 wetlands. Since thc Pine Ridge Road Mixed Use District. Ordinance 98-20 that was approved as pan ,)t' tt~c Golden Gate Master Plan limits thc approved uses ~o m~ more than 35.000 square l~'ct el ('-t'I' office related uses. this project should not adversely impact thc adjacent properties. \\'ith respect to thc matter ofcompatibilitv ,.,.'iti~ the FLL'E. this is an evaluat~c,n '.,.' ~osc pram;try Ibcus is similarity of land usc and relationship ~o ad.jaccnt land uses. In thc case al hand. ard hascd upon thc Go,den (]atc Master Plan. ~vc have :m expectation that tiao lard ,.viii bc t:sc,J a~d dcvu. hT, pcd for ~hose land uses authorized within thc PUD. '[he propc, scd PUD Document includes !o'.vet intensity transitional commercial uses versus the approved Interchange ('ommercial zoned PUD prelects mqhe cast. The PUD proposes a mixture of C-t T uses excluding homeless shelters and soup kitch~ms. Fumhcmaorc. the proposed ..Mlu!t Living Facility on Tract g is !ess intensive than tho pcm~ittod rises on Tract %X" and provides a transition x~it]~ thc sin~io family residence t,o tl, e v:cst. Staff is of the opinion that rite 75 fi>et wide buffer, adjacc:qt to lJ,.'ings~on Woods l.am: provides sufficient separatmn ~o maintain crm~pmibiliiv w~th ad.iaccnt propcmics. In addition. :he ALF structures arc limited to a mr~x!mum height ~o~trict. The PUD Mastcr Plan provides 2 primary land usc parcels cra-site. Thc pu~msc for each parcel is t,.) provide a transition between land uses. Thc C-t T office uses arc a logical extension of thc approved P[_'[) commcrc~:~l xenon,2 to thc cast that point,ts retail usus. Thc cor'nmc'r'ciai stn~ctures v,.'ithin thc cornrr~crcial ~ract are subject to ..\rchitcctuiral and Site Design requirements of Section 2.3, of'ti~c I_DC Thc ~:cncral development standards include Front Yard setbacks that increase ;vith building }qeight with a m~nimum from 25 feet for a single story structure to 45 feet IYr a thrcc story structure. Furthermore. a 75 foot setback is provided from I.i,.'ingNton \Voods Lmm and thc western PUD boundary l~nc. V','ith respect to these compatibility issues, staff is of the opinion that thc subject petition ~s consistent v.'~th thc Collier County Growth Management Plan and thc Golden Gate Master Plan. Thc project is also compatibic xvith other approved land uses in the area. Regarding the matter of timing. ~t should be appreciated that urban commercial development has been approved within the Pine Ridge Road Activity (_'enter. After cons~derirqgthe availabilil,: of community infrastructure and services (sec hclowl it is clear that thc development of thc subject property is timely and consistent with thc }:LCE to thc (]NIP. TraflSc - Thc pnmar5' ','chicular access point ~s from Pirtc Ridgc Road fha', has no median opening. In v~c~v of the adequate depth and sight distance on Pine Ridge Road. thc access point should opdratc adequate]? Thc access ]s sub/cci to all thc required County permits and thc Access Management Plan. Thcdcvclopcrshallprovdcarighttum lanc at thc proposed cntrancc. Thc finalgcomctO'and design of the access will be rcxie,,vcd at the time of Prelimina~' Site Development Plan (SDP) an&'or Prclimma~' Subdivision Plat tPSP) rcv~exv. Thc (SMP consistency review states tha~ approval of this petition is consistent with poi;tics of the FCE. L:'tility Infrastruc~ - Both a public sanitary sewer and mumcipal water supply ;irc available to the properLv and ,.,,'ill be extended as a conscqucncc of future development. Potable water ,.vili be supplied by the Count',' Water service svstcm through arq existing 12 inch main running east and 0,'est on the north side of Pine Ridge Road. Conncctior~ to thc Count,,' sewer svstcm shall be to thc CoUnt.,,.' force main located on thc south side of Pine Ridttc Road. All development must comply with surface water management requirements invoked at thc time of site development plan apl)ro',..'al :.ts the case wilt be tbr development of this land. ,.: Community ln£rastm¢lur¢ and Services - The subject property' is readily' accessible to a x,.h()le range of community infrastructure. ,which is enhanced hv its frontage c,n Pine P, idgc Road. f),cs~dcntial neighborhoods are within a short driving distance to this s~e along with other shoppin,:: centers. business offsets and medical offices of various specialties, t'rhan developmcnl is undcrv, av in all direcuons from this tq~D. which is an indicator, ean'narking this site for development. Summary: Based. on thc above anal,,'sis, the Ibllowing conclusions can be reached. The proposed rczomng of thc subject propen':' l'rona "E" Estates to .Pl/D to allo',', I;',r an adult I. ivin.'4 Facility and office dcvclopmetf't is consistent with thc Pine Ridge Road N1i:,:ed t 'sc District of thc (5olden Gate .Master Plan. Commercial structures within the prnject shall hc required to contk)m~ to thc architcct:~ral theme requirements of Section 2.8 of t}~c ('oilier ('ountv l.and Dcvc!opn~cnt C'odc. ['he proposed development also limits thc buildinu heights tn a maximum height {~f 35 fcc: for thc commercial office structures. ]'h,,. site ucn,_'ratcd 1rips arc estimated to bc approxin:atelv 2J)()3 average v, cckdav tn[, ends. Thc hitd'~csl f'cak tit>ur Trips arc i:pproximatcl)' 19$ trip ends. These trips ,.,.'il! not c,:cccd :,"'a of the [.~S "('" design volume on Pine Ridge Road after trip assignments and adjustments :ire made. Furthermore. the site generated trips ',,.'itl not create a concurrcnc.,.' problem v.'ithin ~hc projects radius of developmer~t influence iRDI/ because the project trips don't lo~,.'er the capacity r~elow an,,' road's adopted LOS "D" and "E" standard. 4. The Firadinxjs related to tile application to rezone to PUD and thc development standards spccificd ira the PUD document support a recommendation of approval. STAFF P, E C O .'M 3_LE .N D ..',, 'F I Q..",': That the £'oll~cr {'oumv PlannlnU ('ommlsslon I( '('['(*1 recommend approx :ti of Pct~t~on i't '1 )-')S-1 >. thc Cambridtze Square PUD Docurncrlt and Nlas~cr Plan SUbleCt 1o ti;,..' ccmdltions of apprc-.'al that have been ~ncorporated into the PUD Document. l: 0 1998 PREPARED BY: , RAY B, ELI,OWS. PRINCIPAL PLANNER PL,XNX NC ~ONALD F. NtNO. AtCP. MANAGER: CURRENT PLANNING SECTION ROBERT J. MUElfERE. AICP. DIRECTOR PLANNING SERVICES DEPARTMENT A~PROVED VINCENT A. CAUTERO. AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAt, SVCS. ,Staff Report for the October 15. 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION' MIC/bUN~EL J. BRUET. CHAIRMAN pUD.~L'~-I0 5, [,,',.I }: REF'OR r R\'[,~ rh D.,\ T [! ' D A T E D AT t998 I:iNI)INGS I:()1~ i'! I) P ~ ' D-gg- I It Thc ~uitabilitv of the area for thc t)pe and pattern of dcx'clopmcnt proposed in relation tn ph?sical characu.'ristics of the land. surroundin~ areas, traffic and access, drainage, sewer. ~satcr. and other utilities. area alonu [)~nc Ridtzc Road and thc [mcrcmmuc .,~cIivitk (.'elliOT ;. '- , .',1 XC(~-t..'-,~; 5uh-,._iistr~cl el'the ~.i~idcn ( ,;tlc :,.1;tster t'!an ( '0 n: [:.x~stinL-' r,es~dcnt,~ ,,flex 7crcc;,.c a mt.'<cd u~,c dc~cJOplllCllt -LiCk aS this proposed of'rice and ..kl.[: de,cleF, mom as iIR InlCnilI]CallOR near. their neighborhood This ~nlcns~ficalmn may be perceived as a ISclor resulting in ~nconcement traffic movements to and from lheir place o1' residencc,~ ~ncrc~nu no~se and ~llution. and reduc:n~ propc~y values -Thc proposed ingress egress point docs not align ,,v~th thc cx~st~ng median o~nln~ on Pine Riduc Road. Finding: .:unsdict~ona[ revmv,'s by Count,. staff support thc manner and pattern of development proposed lbr the subject property f)ex'elr~pmen! conditions con;ained in the PUD documcr~t g~'.e assurance that all infrastructure w~il be developed and be consistent w~th Counlv reguiauons .Xnv ~nadcquac~cs ,ah~ch require supplementing the PUl) document xt~ll bo recommended to thc Board of C'ountv Commissioners as c~mditions of approval bv staff. Rccommcndcdm~t~gat~on mcasurcsw~]lassurecompliancc with l.cvcl ofSc~'~cc rclalionships as prescribed by thc (.}ro~lh Management Plan ..kdequacx' of exidence of unified control and suitability of an,,' propt~sed a~reements. contract, or other instruments, or fl)r amendments in those proposed, particularly as the,,' may relate to arraniJ, ements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/('on: [?,,aluatlon not applicable Exhibit ...\. .; __2'..'/lOt 199; o Finding: !)ocumcntssuhmlttedx~]lh;hca;,,pl]cut]onpr(),,~dcc,,Mcnccofun~ficdcomrol. The P[.rD document 'makes approprm~c pro,. l~lO;1S I',3F ~c, ntlnU~nC ~)~cratlon and ~allltC~aacc el common areas ('onformitv of the proposed Planned l'nit Dexelopment ~ith the goals. ,bjectives anti policies of the Growth .~lana~zement Plan. The development strategy l'or the subject property ~5; ent~rcl,, consistent whh the goals, ob!ec~¥,.cs and poi~c~es el'the (;rox,.'~h Management Plan 'l"hc development of C-I 'F uses. authorized ~n .Sectton ',,'! and VII ~s consistent v,'nh the Nne Ridue Road Mixed t.;sc Sub-district of thc tiolden (;ate Master Plan ('on: Finding: i'he SUbleC[ pct{tlor~ ilas i~cen /bund consistent ',,,~[h thc zeals. ~)bleCtlVCS and policies of thc (Jr~m. lh Manazcmem Plan and the Golden uatc Master Plan .X review of consistency relationships ~th clements of the GMI~ is as /bllox~s I'he subject, PUD pro~ses to allow C-I T uses on Trncts A and B consistent x~th the Pine Ridge Road Mixed Use Sub-d~stnct of thc Golden Gate Mas~er Plan The internal and external compatibility of proposed uses. ~shich conditions may include restrictions on location of improvements, restrictions on desigm and buffering anti screening requirements. Pro: The PUD has been designed to provide transitional ~ntcnsm,' throughout the site bv restncung more ~ntens~,,'e office uses to the eastern tract and by providing a 75 foot landscape buffer adjacent to the residential subdivision to the north. In addition, increased landscaping and buffering has been provided to buffer the res~dentml ne]~zhborhood and the .,',,i.F area ~n Tract B Con: None Finding: I-he PUD Master [)/an has been designed to opum~ze ;nternai land use relationship through the use of various tbrms of open space separanon External relationships are automatically regulated bv the Land Development Code to assure harmonious relauonships between proJects. The adequacv of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. '. 0v 1 0 1998 Pq.. (). .',;ummarv F'inding: the amount of open sr~auc :,~.'t aside t',',, this prolec,, .... con,.Jr~tent '.~ ,th thc pm~ iglnns ~)f thc [.ar,(] Dc',,.'lopnlcnt C~Jc O The timinlz or sequence of 'Jevehq)ment for the purpose of assuring2 the adc(luucx of a',ailable improvements and facilities, both public and private. Pro/(;on: [!\aluatlonnotapplicablc Summary {-'indin_g2 Timing or sequence of dc',',.:'lopmcnt lu light of c,mcurrcncv reqmrements automaucallv" trlugers thc mccharusm fc~r cnsur~ne that further degradation ~s not alhm'ed or the I.OS deficiency ~s corrected '['he ability of the subject l)ropert)and ,f surroun,,lin~ areas to accommodate expansion. Pro: .Mixed Use Sub-district that ~s part of the Oolden Gate Ma~ter ['lan r'his project ,.,nil not ad',.ersclv ~mpact an,.' adopted Ic,.el of service standard. (7on: None Summary Finding.' ..\bilitv. asappltcd in this context.~mplicssupponing ~nfrastructure such as \vastewater disposal ~;.vstem. potable :\ater supplies, characteristics of the property relative to hazards, and capacity of roads. ~s supportive of conditions emanatinu from urban development. This assessment is described at tenmh in the staff report adopted by the CCPC Relative to th~s petition, development of She subject property ~s t~mci\', because suppomng ~nt'rastructure ~s available ' ('onformitv s*'ith PUD regulations, ur :is to desirable modifications of such regulations in the particular case. based on determination that such modifications are justifitxl as meeting public purposes to 8 degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable Summary Findi....n_,g,i This finding cssentmlh' requires an evaluation of the extent to Which development standards proposed for this PUD depart (rom development standards that \~ould be rcqmred for the most similar conventional zonin~ district The development standards in this PUD are similar to those standards. F}NDIN(5S F(')R PI 'D-~x. I0 R','B'rb ' ,. 0 1998 REZONE FINDINGS PETITION PUD-98-1 fl Section 2.7.2.5. of thc Collier County Land Development Code requires that fi~.c report and recommendations of the Planning Commission to thc Boarct of County {,'ommissioncrs shall show that thc Planning Commission has studied and considered thc proposed chan~c to the following, where applicable: 1. Whether the proposed change will be consislenl ~ith the goals, objectives & policies of the Fulure I,and Use Map and the elements of the Gro~v~h Management Plan, The subject propcny is localcd within thc Pine RidgcRoad MixcctUsc District cm thc (-}olden (Sate Master Pi ~i. Development Orders deemed consistcm with ail applicable clcmcnts of thc FI,UE of thc GMP and Ibc Golden Gate ,Master [>!an should bo considered a positive relationship. None $urrlmao' Findings: The proposed development is in compliance with tile Future L~nd Use Element of thc Growth Management Plan. Tile uses permitted within this PUD ~re also consistent with the Pine Ridge Road Mixed Use District on the Golden Gate Master Plan. 2. The existing land use pattern; Pro/Con_: [2:'aluation not applicable, la more detailed study is comaincd in thc slaft' report. I o ~ll. IllmaD' Findill£S: 'Fo thc noah. across Livingston \Voods Lane arc single family dwellings that arc zoned Estates. The abutting property to the cast is approved as a preserve tract for tile undeveloped Naples Gateway PL'D. This is a commercial PUD within the Pine Ridge Road Interchange Activity Center. To tile south is Pine Ridge Road that is a 4 lane arterial road. Across Pine Ridge Road is a proposed fire sta'ion facility that is zoned Public Usc and an existing golf driving range facility. 'lo the west is a single family dwelling on ]and that is zoned Estates. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro:/Con: Evaluation not applicable. 4, ,5_lkn_l.mlLr_3_.2_Findin~ The parcel is of sufficient s~/e that i~ district unrelated to adjacent and ncarbv districts. It is also consistent ,.vid:~: .,, ~" ,'~ -. c" ,,. .c(, land uses by virtue of its consistency ~vilh Ii~e }:I.! Whether exislin[.; district boundaries are ilh~ically dra;,,n in rela~i(m to t, xisting conditions on thc property proposed for chaunt. Pro: Th,,: distrmt boundarie:~ ar,,; lomcallv dra',', n and thcv arc consistent ',,~'tlh lhc FLUE thc G.',,IP .5_l~mmary_]~Jll.0Jll~.;. The proper'tics t,) the cas~ arc zoned PUD and they contain more intensive c(,mmcrc~ai office uses. In addilmn. Ibc bcmrxhtrics arc logically ¢lra',.vn b;' virtue that thc Sublcct I'[ 'D provides a i,'-ansitiot~ i~ctv, ccn thc commercial re:ail land uses with the adjacent resident;al properties. Whether changed or chanp.,inp_, conditions make tile passage of the proposed amendment necessary. Pro' The proposed ;'on~ng change :s appropriate based on thc approved commercial land uses to thc and because of the subject PUD's relationship to thc (5oldcn Gate Master Plan is a positive one. Coil\ None. Summru"y Firldin£s_;. Consistent with tile Golden Gate Xlaslcr Plan and Growth Management Plan. \Vhether lhe proposed chan~e ,,',ill adver:qelx intluence living condilions in neighborhood: Pro: (i) Recommended rnitigat~on actions (i.e. landscaping) made a condition of approval ,,,,'ill go a long way towards ofl~ctting any potential adverse influences on thc residential subdivision to thc north and west of thc project. (.,'0I!5 Thc office location within tine subject site could cause increased noise and traffic ~mpacts on the nearby residences, ttov.'cver, duc to thc proposed landscape and burr'ct areas, the proposed PUD should not adversely impact tile adiaccnt properties. Summary Findin2,v~ The proposed PUD will not adversely influence living conditions Ibr approval have been promultzatcd and c, csitmcd' to ensure ttlc Icast--'"'""--'~'ziffa6unt .- 1 0 1998 Of adv£I'sc ilnpDct ('41 ~(iiaccIlt [!I'ld IlF.2dr~3k' (:~ta'.'CiOpmCllIS. !¢.t:C()il/nlC;ldta{t II':l~.Iuatl¢3!l ~iC~lOnS should serve ~c, aI~eIior~tc lmpac! cfi the ;~ci~:i;.'cnt rcsidcll~::~! ~trt'2.. Whether Ihe proposed chan~e ~'ill create or excessively increase traffic cf,ngestion or create types of traffic deemed incompatible s~ith surroundin:~ land uses. because of peak volumes or projected types of vehicular ~raffic. includin~ activity during construction phases of the development, or other~sise affect public safety. A~ action to rcz~r~e thc propcrtS' as requested is coo. s~ste~t with ti~c tralTic c~rculation clcn~cnt Thc property IYonts directly on a public fond I?inc P. idL'c Road/ thcreby providing '.ccsss to thc ar'formal road nctv. ork t~xcr ,.v~ict'~ ir:'.l'!'ic l'r[~m this mixcd usc dcvclopmcnt v.'il! draw and dciMsc traft'~c. discar:afbn is rc~tllatcd [~',' coract]tTcnc',' rcctuircme~ts as adopted in thc Growth %lana~cmcnt Plan.. In thc short run construction trafISc ri;adc ncccssaF',' For dcvclop~t~cnt may be irritating to locnl residents. Summar3_' Findir~5._i Evaluation oFthis project took into account thc requirement for consistency ;vith Policy 5.1 of thc Traffic Element of thc ©NIP and was found consistent, a statement advising that this project when developed ',,.'ill not excessively increase traffic congestion..,\dditionall,,' certain traffic nlanagcmcnt s,,'stcn'~ improvements arc required as a condilion ofapproval~ic, trim l:,.~cs, traffic signals, dedications, crc.). In thc li:nal analvsis all rczone actions arc subject to thc Concurrency Nlanagcnlcnt Svstcm Whether the proposed change svill create a drainao,.qe problem: Pro: The I.and Development Code specifically addresses prerequisite development standards that arc designed to reduce thc risk of tqooding on ile~lrbx.' propcmies. .X,'ew development i~ and of itself is not st~pposed to increase ff~ooding ?otential on adjacent property over and ah,,ovc what would occur v.'ithot~t dcvelopmcnt. (_~;on; () 1_5rbar~ intcnsi/hcation in thc absence el' commcnsurntc impro,.cmcnt to inter-county drainage appurtenances may ~ncrcasc thc risk of flooding in aream when thc drainage outl'alI condition ~s inadequate. Summary FindinEs: Ever':' project approved in Collier County involvin~, thc utilization of land for some land usc activit;' is scrutinized and required to mitigate all sub-surface by developmental activities as a condition of approva Thi,~c'~ drainage generated r,'..3,.. 1 0 1998 I0. 11. ,,,.'as reviewed lbr drainage relationships and design and cr'mstmct~on plans arc rct~u~rcd to meet County s~;:ndards as a comti6on oFapproval \Vhether the proposed chanRe will seriously reduce liF, ht and air to adjacent areas: Pro: The proposed PUD dc,.'chlprncnt conFoi'ms to tht2 a!)provcd zomn~ O:l propcmes. In add~tion, the maxin~um hc~._nt Fc)r d~c structures as provided f`or is t}':e same as thc maximun~ height pcm~tted '~ithin thc commercial PUD pre. icc'ts m the east.. '[he overall dcvclopmcnLstandards arc compatible ,.x'iff~ thc standards listed lbr thc similar commercial districts in thc I.D(' which afc dcs~tmcd Io protect thc circt:ial~tm of light and a~r to adjacent areas. ('on: No:~c, ~_N.m.~;z~' t:2!lJJ, n._,vj_;. All proiccts ~n ('oilier ('ountv are subject to Ih,..' dc,.ciopment ,~tandar,.is that arc tuliqt~c It', thc/omnu district ~;1 v. hlch ~t is located. '1 h,,:sc ,.lc. cl,'T,m mt standards and others apply gcncl'ailv and equally r(') all zoning districts (i.e. ,:,pm~ space requirement. COtTidor rnana~cmcr~t provisions, crc.) were designed to er, sure that light penetratk)n and circulation of air docs n,3t advcrs::!v af,f,ect adjacent areas. Whether the proposed chan,,le ~ill adversely affect property values itl the adjacent area: Prg: Typicall.v urban intensification ~ncreast2s the value of' contiguous und,.:mtilized land. C,.' o 1~ None. .Summary Findings; This is a subjective determination based upon anticipated results. which {]]av be internal or external to thc subject property that can afl~ct propcru' values. Property valuation is affected by a host of` factors including zoning, however zoning by itself` nlav or may not affect values, since value dctcnnination by law is driven by market value. The mere Fact that a property is given a flOW zoning designation may or may not affect value. , Whether the proposed change will he a deterrent to the improvement or development of ndjacent property in accordnnce ~vilh existing regulations: Pro/Con: Evaluation notapplicablc. ~3ummar)' FindingLi The basic premise underlvinu alt of tile development standards in the zoning division of the I_DC is that It~eir sound application when combined with thc administrative site development plar~ approval process, gives reasonable assurance that a chamzc in zoning ,,,,'ill not result in a deterrence to irr~provemcnt of adjacent 1;',7}'~, 1 0 1998 I 13. 14. Also. tim PUD Document has lransitioned tile ~ntcns~tv of uses m specific parcels identified on thc PUD Master Plan. This arrangement coupled with thc rcquircmcnl provide open space and conse~'a~mn ar'cas should provide rcasonabJe assuranc,: fha[ a chan~c in zonJn~ will llot rcstl]l in a delerrcnce tn ',mpr'o','cmc[][ ~r' dc",'chmmcn: adjacem residential propcmy. \Vhether the proposed change ~ilI constitute a ~4rant of special privilcEc to hn individual owner as contrasting with the public welfare; Pro/Con: Evaluat,onno~applicablc. Summar_x_EinOim~_: Thc proposed PIiD complies ,.xith the Growth .Manazcnx:nt Plan and the Golden Gate Master Plan. which arc public policy staterooms supponin5 Zoning actions whcn thcv arc consistent with said phms. [n light of thls facttbcproposolchange dacs not constitute a grant of special privilcuc. ('{insistency xxilh Ibc FI.I'E ~ f~l~hcr thc public interest. Whether there are substantial accordance ~vith existing zoning; reasons v,'hv the property cannot be used in Pro/Con: Evaluation not applicable. Summary Finding_; The subject property can hc developed in accordance ':,'ith the existing zoning, howcver to do so would den,.' this petitioner of thc oppomunity.to maximize the development potential of thc site as made possible by its consistency rclationship with thc Ooldcn Gatc Master Plan and thc©rowthManagcmcntPtan. \Vhether the chan~e suggested is out of scale ,,,,ith the needs of the neighborhood or the Countv: 15. Pro: The project is designed in a manner that Is compatible ,.,.ith surrounding and approved PUD property ~n size and scale _C_,,.~I1.2 Existing neighbors within thc adjacent subdivision to the :lomb may feel that thc proposed change is ()tit of scale with the neighborhood. Summary Findin;,.l:. Thc subjcct PUD compiles v,'ith the Growth Managcmcnt Plan while the intensity of land uses is deemed acceptable for this site .: ,i Whether is it impossible to find other adequate sites in the Count;' for the proposed use in districts already permitting such use. Pro/Col'l; Evaluation not applicable. 16. Summary Findin_~s~ There arc many sites, which arc zoned to accomrTu~d;~tc thc proposed development. '['h]s is 1~0~ ~[',~ dc~CnllJllJnc ]'~IC[OF 'AJlcI1 CV~IJLJ~i~ltl~ [Jlc appropriateness of a rczonin~ decision. '}'hc dctcn~3Jr];ttlls ('~1'/(~lli/~g ~lrC CO/~%iNICT~C',' with The physical characteristics of the property and the (JeEree of site alteration which would be required to make the property usable for any of the ranf2, e of potential uses under lhe proposed zonin~ classification. P,_I:9_;. The subject properly' is undeveloped. Presently exotic vcuctation has invaded !thc site, however Ibc cnvironmcnud impz:c~.s :.~rc tnininla! 'The prop(~scd conscrv:~t~on ;tree ,.tS,,,.' ~-'st.,,' w~t}l tile water flow _C..QD.;. Dcvclc~pment of thc site n:av crc:lie :~ need fl',r udditiamti fili and site altcr:~tion for in fr~Istr-uc[urc ilup:'evcmcnts. Thc cxlellt of r, llC :tJtcr3~:~oll ~vlll he determined as :~ fimction of 17. The impact of development on the availability of adequate pul)lic facilities and services consistent ~'ith the levels of service adopted in the ('oilier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. :is amended. Pro/Con; Evaluation not applicable. Surlimnp' Findingsi ,.\ multi-disciplined tcanl responsible tbr jtmsdictional clements of the GMP have reviewed this petition and have lbund it consistent with thc (}MP. The conditions of approval have been inco~oratcd into thc [)[.'D docL~n]cnt. 51afl' rex icws Ibr adequacy of public sca'ices and Icvcls of scrx'Jcc dctcrmlncd ihat required infrastructure meets w~th GMP established relationships. 1998 0 0 DATE APPLiC?-.TiO~: FOR ~LiC FOR REZONE AND CONDiT~-~O~{AL USE ~- · uzv~PM~T ~STS coF~ITY D~E~PM~T D~ISI~ Name cf Applicant(s} Ji: C3!osimo, Trustee '' ' ~ ,,¢ .... ina Add~ess ~0:)9 l'amia:i Trail '-~ ~'" Naples f.,.ate Flor/~a Applicant's Telephone ~;umber: Res. : Bus. : ,'941') ~62-3034 !s the applicant Uhe owner ~f the sub-tract 1'1 Yes No .... ~a) if appiican~ ~s a .and trusE, so indicate and name benef~ciar~ es below. --~ (s~ l~ appl:cant is csrpc, raticn cuber l:han a public corpcrazicn, so indicaLe and name ~..~f{n~ .ztockkclde,:;c be!ow. .......... ----nd r. aic~ (c) if applicant is a .~artnership, limited partnership or or_her business en2izv, so indicate and name principals below. ' ~ (d) If applicanz is an owner, indicate e>:actlv as recorded, and list all other owners, if any. {e) if applicant :~ ~ ' -~ c lessee, attach cop'3· cf indicate ac~ua! cwnez-z '': no~ indicated cn -~ (f) 7~ appiicanz :s a conzract purchaser, attach cop}, of contract, and indicate actual owner(s) name and address below. {If space is inadecua~e, aztach on separate page.) 0 Name cf .z..genl Bruce Anderson,"Robert Duaae Young, VanAssenderp ~ VarnadOe/Hole. } rirr, ~1 ana A~sc Agenus !':ail/n.: Address 801 Laurel Oak Dr., Ste. 300/ 715 Tenth St. South City Naples State Florida Zip 3A108/36102 Te!e~hcne Number: Res.: Bus. : (941)262-]0i~k&~617 1998 DE?AiLED LEGAl., DESC.--:.ZPTZON C,F 2".':E .:-~C'¢-".--:..:.: CS'~.,-<ED 5':' ':'.::'E APPLiCATiON (if space is inadequaue, a5%acn cn separa%e .'.5age. if recuest involves change to more than one zoning district, include separate i~cal description =c~ zropertv invo!vec~ in each district, if property is odd-shaDed submi~ co~i~s c= survev (i" to 400' scale). ' THE APPLiC_~{T iS RESPONSIBLE FOR SUPPLYING THE COP~RECT LEGAL DESCRIPTION. iF QUESTIONS ARISE ~' ...r~,,z,~,,,...= .... LEGAL ~= ,~-~"r_~,, AJ~ ENGINEER'S CERTiFiCO. TiO~; SPLkLL EE REQUIRED. ' S ECTI ON ' ~ TO'q{ S.q I p ---- ~._~ .~8 nf Colden Gates Estates ['nit 25 as recorded in PBP, Pav=e 85 ~iZn ~: ...... rc.~er~v : ,.', ~ .-:. Address cr !oca%i,::n cf subjec% ;;est ~:' Nanles {:a[e'zav PUD f1£. .Acres '2. 792 Acres North of Pine Ridge Road o E>:is~inu 'and ele','a Eleva%icn Cone .',: County Flood ,--;-..~- or leased ( ): a. Date subjec: property acqmire~(:':) day of .ianuarv 19 ~ Te~ cf lease yrs./mos. b. if, Petitioner has option to buy, indicate date cf optic.n: and date optio.n %ez-r~ina~es: Does F-ropers-:-owner ,s',,.'n contiguous -rc, pernv 'cs ~he su~jec~ proper:-:-? if sc, cive come!ets ~oca! descr{-:ion cf e ~<-- contiguous .~~c ...... (if space Is inadequa-ce, attach on · ' ' , _., a::: L) 5,~iden Gate Estates Section 7, io'.mship ~9 South, Range 26 Eas~. THiS APPL!CATin~: ~:_~ ., .... =,DED TO COVER: {Ch'eck which type cf peti%icn ','our are ~u~=-~ ..... i ..... nS) ' ............... ,=_~=res :=.-,"rc--~-r-. ~.D~.:-rKG PUD FO., X~dicai 'Offices ,% Adult Facilities "-~' OF Z DNi.WG FOR 1998 I iC. REASO:~ r~r.~y APPL!CATiO}; SHOULD SE APPR0'..'.~2, (Attach additional st, eels : ~ necessary) : See Cover ..error ii. 12. 14. iS PROPOSED ~c- L...~ z;~O~;l~'rm~.r-, r:'v DK~i) Yes :,: No ~YES PRO:TiDE ~.Opv OF THE DEED ZS THIS REQUEST A RES-JLT OF A ,z.~-~.T ...... W-HOF: ;';AS ,hr ,,O~..C~_ SERVED? iF SO, TO HAS ~- PUP. LiC ::--:.:-~;c SEEN HELD Of: ~'= .... ~'~='~'.' ,, ~ .... ,' " ' ........ -..~s z'.<wz ...... s!.n~:~ THE ~.ST 'fEA~? Tr ,-~, !N' ~HOSr ........ Yes. 3ira Colosimo, ~rustee ..... a ~..,~: STRUCTURES CBS FP~.~ E MOBILE OTHER '"vpE: AFFiDA',rTT ceocse aha say :~'a: i ar: are ~he owners of herein and ;;nlCh is the s:2b7~: mat~er ~ :ha~ a~ ~ ~he ans'wers -_s -~n quest' ~ ' ' -- ~-.~= ions ::his app!icauic.n, and all skeuches, data and ~-~-~- SUDD! ........ ' matuer as~aches to and mace a par~ o: - ' ' ~r, Ls a~s:ica~ion, are :':ones: and :rue ~c %he best of our know'ledge and belief. ! unders%anC %his aDDI ica~io~ must be completed and accurate ~efc~o a ' ~ ' -- n_a__.~g can be advertised. I fur~er pe~it the u s ~={ n~e.~.g~_G To ac~ as c'dr representative { n anv matters regarding this Petition. ' - OP' State c.f Flor'ida Count':, cf Collier The fore~oinc Ammlication was acknc.'wledced before me nhis · ? ., day of ~ - , ~ ~ ~'.,~d , i99P by QSi~,'-%F, 16' '~ ~ who 'is .~e~sonallv kno~ to me o~ who has produced "~ ~)/"' ' t:ake an cash. _ as' idensifica%ion and who did (did .non) I S~_AL E,.~vl ~. 23, I~ 'to, ,0 REZONE/CU A~DT ..... ns.'- -: .... ===.~ --'~., ./m_ / 7/27/92 (Signature of Nouar':',dPublic) (Przn~ Name of Nouar7 Public) NOTARY PUBLIC Serial ~ -~__ - ./~cm .... ~ion f,~ "'" ,4q ~' ,. ~" . ~'.~ Commissic, n E}:c~-es: :, m~R-2~-97 TUE N~PLES GATEWAY LI,-ND 'I"gUS? BENEFICL~RIZS O:,o:g-,~ 1993 F~nZiy Tru.~t d~d 1/13/'93 Acme i~'cstme~,,, Co. U/A. DatM 5,e2Jg-,9 1.~ ~'ad S. ~O ~w~d S. E!~ckb~ R~ l& C~p~U ~d Clevt~6 L. Chm'i~ ~z~ C~)' KoNer W~;er E. L~off WiHi~ JoSh }~ob[~ T~t ~gela ~ R~ V~ia Moss ~uea6~ Ce~cfine Mos/~ ~adon ~ Sue Pran H~ Develop~nt ~. O. Rob~ ~cha'~ ~d Jointly Wi~ ~t Of S~4vo~p ~ D Be~ E. S~o~or4 '&'a~ord Mortgage ~. B~'~=e R. Weaver H~cn B. Wick 6.622 Ncw~.z,,'cn Cir'-~le, N~iei. FL 230 G,.:.ar~b' Bldg., C~'~ar Rapid. x. IA 4995 Eomta Beach Road r-,604, B:,,'Q~ Sp,'"mg'~, r-'I. g231 Bay Co',ony Dr ~704, Napl--.s, FL ';09 p ~w..r~ Lan:, ,'Naple-!, FL P. O. Bo:,: 53 15519 kq~e ~gc, ~a~',qjie, VA 513 PNe~ Line, ~oad, LN 2221 Vei~mt DNve, ~11 Wild= Ro~ Napl~, 2015 2015 242 bEOw~ 2015 ~'~1~w. 3490 Rid~ime DTix=. A..q.n ,,~-bor, N~t 43 2nd S~'--c=.t, Bemta Sp~'~gs, FL 3430 Gu2.5 Shore Et;'i N ~3-C, Napi:s. FL 049 YL':t2 A','e'au¢ Sou~ Naale-s ~. z.5C, O Glmn Avmue, #302. Sioux CiW. Lt.., 232 lat~-'stx~ ?a~q,.'~,'ay, B:~o~, PA i H0': I 0 1998 I I I 1993 JM,I 3:O0 BOOK , ,:,: ?BJJ. oo ?repared by: Thomas G. Eckerty, Esq. 12734 Kenwood Lane, Suite Ft. Myers, FL 33907-5639 Richard J. Aaron, Esq. Richard j. Aaron, P. A. Suite 304, at ~he 720 Goodl~tte Road Norzh Naples, Florida 33940 Parcel ID# Tract 12 - 38451000003 Tract 1~ - 38451040005 Tract 28 - 38452120005 Tract 29 - 28452!60007 Grantee SS#: /! ~'~/~OO. O O WA~_R~;TY DEED THIS iNDENTURE, Made this ~' day cf Janua~/, 1993 Between, NAPLES GATEWAY DEVCO LIMITED PARTNERSHIP, a Florida Limited ParTnership, whose address is 6770 Livingston Woods Lane, Naples, Florida 33999, grantor*, and JAMES R. COLOSIMO, TRUSTEE, under unrecorded Land Tl-ust Agreement dated 12/10/92, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Florida Statute 689.071, whose post office address is c/o Naples Realty Sez-vices, Inc. 4099 North Tamiami Trail, Naples, Florida 33940 of the County of Collier State of Florida, ~rantee*, ' : WiTNESSETH, That said grantor, for and in consideratio~ of the sum of TEN and 00/100 ($10.00) DOLLARS, and other goodl and valuable consideration to said grantor in hand paid by :isaid grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, personal representatives, successors and assigns forever, all of that certain land situate, lying and being in Collier County, Florida, to-wit: All of Tract 12, !3 and 28, GOLDEN GATE ESTATES, L~IT NO. 35, according to the plat thereof recorded in Plat Book 7, Page 85, cf the Public Records of Collier County, F!crida. and Ail of Tract 29, Uni~ 25, GOLDEN GATE ESTATES, a Subdivision of all of Section 7, Township 49 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 85, Public ReCords of Collier County, F lo._da, LF~S AND EXCEPTING the following described 29, Unit 35, Golden Gate Estates, to wit: "~ -- ' Com~nence at a poin% on the Southwest coz Section 7; thence run along the South 1 Section North 89'24'36" Easn a distance of to the Southwest corner of said Tract and net of ~isaid ,299.78 [feet :he POINT OF ,3R OOK BEGINNING; thence run along the West line of said Tract North 00'26'26" Wes% a distance of 38.30 feet; thence South 84'20'44" East a distance of 61.53 feet to the beginning of a curve concave Northerly; thence Easterly along said curve having a radius of 5654.58 feet through a central angle cf 02'43'58" an arc distance of 269.70 feet to the end of said curve and to a point on the East line of said Tract: thence run along saiJ East line South 00'26'26" East a distance cf 9.63 feet to a point cn the Southwest corner of said Tract: thence run along the South line of said Tract and said Section line South 89'3,%'36" West a distance cf 229.94 feet to the POINT OF BEGINNING. Sub]eot, however, to restrictions, reservations and easements of record, outstanding oil, aas and mineral interests of record, if any, and real estate taxes for the current and succeeding years. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging cr in anywise appertaining. I. TO ?~VE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; ti%at the grantor has good right and lawful authority to sell and convey said land: that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for sinqu!ar or plural, as context requires. iN WITNESS k~EREOF, Grantor has hereunder set grantor's hand w. lt.en and seal the day and year first above ~' ~ . (Print name and address) (Print name/address) NAPLES GATEWAY DEVCO LIMITED P;=RTNERSH!P, a Florida Limited Partnership By: Naples Gateway Corporation, a Florida ~Genera i Partne~ '" .... 'JAMES 0 '-CONNELL/ President~/ Attest: ." ~"---- --"---~' Print: ~-~ ~;L',7/~4''. !ts: Secretary i 6770 Livingston ~oods Lane Naples, Florida ~33~.9 ] 0 1998 1792 002209 9R BOOK, PAGE STATE OF FLORIDA : COL.~TY OF COL ...... ~ a "~ ..... Public duly authorized tv i aw ~- ~, ,~= ...... the ,state and count':' named abo>_'e to take acknowledgments. ! certify that JAMES oersonally, known to me, ."~. has/have produced identification, and who who did take an oath the facts are true, or did not take an oath. as I~ nothing is checked, i )[now J?~MES O'CO.,,~~'TT and t-.',,t-~,,~r ¢.-.,('t,... ',", and each. of then took an oath. i also certify that they (1) signed this Warranty Deed as. the ..~esident and c~ ........ , ~ - ', ~ o ~ · .......... ~ of NAPLES GATE-~A~ _ORPO.'3,._ON, a Florida Corporation, (2) acknowledged the execution of this document for an don behalf cf and as the act and deed cf that corporation, (3} stated they are authorized to sign for ~e corporation by that corporation by resolution, or by law, or ~b'~h, and that the seal affixed hereto :s the seal of that corporation. ~' ,~ , WITNESS my hand and named abov~ ~; ~ ..... s day My commission expires: Notary Public My Co:L~ission Number: My Commission Expires: official se~ !n the co~nty a~ state of January, 1/993:. , // ,.// ' No{a~f' Public'/ (Print name/~dress below) /.~ '~ ~ I ]998 I June 24. 1998 Robert l,. Duane }{ole, Montes & Associates 715 Tenth Street South P.O. [3ox 1586 N'aples, Florida 34106 Re: .Morningstar Development Properties, Inc. DearMr Duane: e Pursuant to your request lbr information regarding the above-referenced corporation, please be ad~,dsed that James A. Nashman is the sole Stockholder ofone hundred percent (100%) of the stock, as well as the President. Vice President, Secretary.. and Treasurer of'the corporation. If you have an.',' questions regarding this. please let me know Ve~. truly yours. MORRISON & CONRO'I'. }' A -,, Kristin M Conrov ~ KMC'dw cc: J. Nashm~n 4: 44 ..... ~: ....... : LAND "--"-"'',',="' iCH -,,~DES ,::= C$':':PPEHE::S:'.'E ........ ~.'~..~' FEGUi,AT:~:'',~,.. FOR .... u.. ~.~v:',r~rn.:_ t::a.~. ,,: ...... a." COUNT':', 5Y AME,~:Di::G TH:2 CFFiCiAL ....... c. .... THE h'EREi:; LESC.%iEED REAL [?CP£.;.ir':' F~.C:.: "E" ESTATES TO "~UD" /LA'.:t:E2 '.;:;iT :h','ELL[:.:E::T '.-~K t';}: AS CAMbRiDGE S?UAP. E ~'32 FCF :.:LZiCAL CFF:CE£ ASSiZ?E?. [ i"lNc r:.~r ..... . ........ ~-~z ................ : .... ,,,:~:'.sr. .i2'.; ': .... ~,,..:; .... [-5::2 ' ' ~:*': ..... :: ............. >.,-~ ..... a.,~,,,:'., ~'A:;QE 2{ 5;-.2 '3L:.I.:iF' C%'i:;iY, .;"LCFii.:.., ..... ~:2Ti..., ,: ... ? ;'":'Fr;.~.,.,- .:?':' .:?%',':,~i:N; EF?E{:TIT5 "xa'':~* th~ ;:Ln::.': ci ~ssif;ra%iln -: %he r.ereir, iescr~n.?: real ?v .... ~" ........ n,}, :.:r:za, :s :r, ar,~ei frzr "5" Es%ares to "PUD" NOV i 0 1998 4 6 8 12 ~4 27 ...~,J,, ~ f _L.,.,/.: SS .... iEF. ?3U~;?'..', AT?ES?: DWIGH? E. 5.m~C?:, Clerk BAR~.AF2: B. 5EFR'f. Cha:rr. an · ::ss 1 s ta:.t ....... '.,' At t; :':.e:.' -2- I,~0¥ 1 0 1998 CAMBI{ii)(;F; SQI. L,\I{E t'I,ANNEI) UNIT I)EVI.;I,()PM ENT Prepared for: Naplc:; (iatc,.vav [.and '1 rust [:'rclxtrcd 715 'l'cnlh Naples. I"l, )4102 {{M..\ [:ilo No. 97.97 July. 1998 Revised ()ctobcr. 1998 1998 T,\IH.I{ ()F C()NTENT.'-; SEC'I'ION I - Statement at'LTtm'~pliancc SECTION II - Property ()v, ncr:;hip, l.cgal I)cscript~,m and Nhor't SECTI()N Ill - ,"';tatcment of lntcnt and l'r~icc~ {)cscripti(m SECTION IV - (;choral l)c~ ciopmcnt Rcgulali(ms SECTION VI--(3cncral Permitted Uses SEC'I'ION VII - Permitted t'scs & Dimensional Standards 'I'ract SEC'I'I()N VIII-Permitted [.:scs & I)imcnsioi~al Standards Tract SECTION IX -'I'ransportatirm Requirements SECTION X -lStilitv and Imginccring Rcquircn~cnts St{C'I'I()N XI - Water Nlunagcmcnt Rcquircmcms S EC'FION X Il - Fn vi ronn~cnta[ Rcquircmcnts i']XllllllTS A. PUl) Master }'lan 1 1 (~ l t) 21 iiO',' i 0 1998 The development of 12.79 acres of property in Section 7. lownship 49 South. Range 26 l'iant. ~ts a Planned Unit Developmem to be known as the CAMBRII)Gti SQtJARE I'IJD will hc in compliance with thc planning goals and objectives of thc Collier CounW Growd~ Management PI~ for thc following reasons: ' - l.l 1.2 1.3 1.4 1.5 The sub. icc{ property is located in thc Golden Gate .'Mash, er Plan area and i:; con:ds{eat wifl~ the requirements cf the Pine Ridge Road Mixed Usc I)is~rict. which permi~ limited office and off:er c:onditinnal uses. Ordinance qg-26 lbr ~he pronosed area and development stanciards contained in this PI;D. ' Improvements arc planncJ to he in cor:]pliancc with applicable land dc','ch)pmcnt regulations as set forth in ()h. iectivc 3 of thc Future I,and Usc Element. ' The pro ecl will be served by a full range ~,I' services, includinu sewer and wa~cr hv }',>micic~ ~ 1}1 anJ 3. Il. ,,l'the } uturc l.and l<~, lc c~m3bincd xvilh archi]cclun~i contr,,{> 21iltJ C',~iCII~INC >crecnin< ;Uld bul'l'crin~ fl3at arc designed to make thc pr,~.icct ct,mpatibic ~ ::h :md compicmcn~a~ t~, b,~l]l nearby planned commercial and residential }and use, Al1 final local l)e','chff~nlctll (,~rdcrs l'or ti'.'.-, proicc{ arc subject l~, Ibc ('oilier ('~mntv ('oncugcncv Xlanagemcnt S','stcm :{s impIcmcn[cd b,, d~c ..Xdequi{[c Public Facilities ()rdinance -I- NOV ] 0 i998 ,*'~ I~C:'J'J(.)N Il PR()Pt.]t,['I'T O\VNI.:R.'<,I I[1'. l.}.:(;,,\l. I)I.~.%CRIIq'I()N AN[) .'<,] I()R'[ '1 l'l l.[.; 2.1 2.2 2.3 2.4 PRf)I't:;R'I'Y f)',.V N }:. R .'-; ! The property is uwned hv Naples (k~ewav i.and Trust at thc time of rezoning. I,EGAI, Tracts 12, 13 & 2~ 'Ibis ~)rdinz, ncc shall be kn~xvu and cited as Ibc "('AMt~i(II)(}I S()[~ARI{ I)I.ANNt.]I) IJNI'I I)I':VI(I.( )I'M I~N'I'". PIIY~I('Af. I)I~S(~RIP'I'If)N The project site lies entirely xvifl~in thc l-7fi ('a,~z,m Basin. Thc si~c drains to roadside s,.valcs on Pine Ridge to thc north. kk'atcr management fur thc p~oicct will include a rctcnti{m'dctcnti~m system Io prox'~dc depths less than 1 199~. 10__ 1998! 3.1 3.2 .3.3 3.4 I.N'I'R(~DI ~CTi ON ]'he developer's intent i:; to establish a Planned [Jnit Development mcctin~ or exceeding thc applicable standards of thc C,~llicr ('mmtv I.and I)c','clopmcn~ Cocic. Il is thc purpose of this document to set f'orth guidelines fi~r future development of thc pr'oj¢ct that mcct acccptcd pianninL2 principles and practicc:q, and to implcmen! the Count,,' Growth Management Plan. PROJF. CT DI:SCP, III ION Thc project is campriscd oi'12.79 acres, more ar Icxs. and is h~catcd on thc north xidc oF Pine Ridge Road. approximately lhrcc hundred (300) feet t, thc cast of l.ivingston Road. Cambridge Square may support a number of tracts lBr dcveh~pmcnt, which arc cxt~cctcd to develop with a mixture oFoff]cc and other Transitional /)scs. Access to, thc subject parcel will be from Pine Ridge Road on thc designated access point an thc PI 1I) Nlastcr Plan. Exhibit A. I./\NI) I 7.'qt( PI.AN Thc project permits a range of ofticc, adult living Facilities und other transition:ti uses to meet thenccdsofthcdcvclopingarca. ThcP!:D Nlas~crPlandcpictsawcthmdprcscrvc area. internal circulatian, open spaces, landscape bul)i'r areas. :lnd mac external ;~cccss point onto Pine Ridge Road. Thc Pt/I) Nlastcr Plan isdesigned t,~Bc flcxiBtc inasmuch approval is rcclUCStcd. PlC,(')JI!CF PI I..\SIN(~ Thc applicant hax set a prclimilxlr,~ ch;vch~pmcnt ',chcdulc for thc subject pre,per:> I'or complclicm ¢~1' imlmWCmcnts hv .lanuarv 20(>2. This pr~icclUm <,I' thc [)r~,lCCl's development can Be n<) more lhun an cslil:u~tc based or1 current markcl knoxvlcd~c ',~, ///'5 ' Ov' I 0 1998 (;I.~NI'R.:xl. l)l{%'l'kl.<)i'Nll N'l I41.Ait 'l..:,,'l'l¢)N~ 'J'he purpose of this Sectmn is t,~ scl Ibrlh thc dcvclopmcnl regulations that may bc al?lied genermly to the development of thc ('arnbridgc Nquarc l~lanncd I Jnit I)o.'clopmcnt and '' . ,' Plan. 4.1 GENERAL The following arc general provisions applicable to thc Pl5I) Master I'lan: Regulations for development of Cambridge Nquarc I'UI) shall be ~n accordance with thc contents of this d()cumcnt, thc PtJl)-lqanncd [Jnit l)cvclopmcnt District. and other applicable sections and parts of the (Miller County l.and I)cvclopmcnt Code (I.I)C) and Clmwth Management Plan. in cfIkct at the time of issuance uf any development order, to which said rcgulatirms relate which atHhorizcs thc construction of impr,)vcmcnts, ghould those regulations fkdl to provide specific developmental standards, then thc provisions of thc most similar zoning district in thc I.[)C shall apply. 'Ibc dcx'clopcr, his successor or assignee shall Ibllow thc l'[JI) Master Plan and thc regulations of this 1>[ 7I). as adopted, and any other conditions or modifications as Zl ~ Z~ Xr I ~ C agreed to in thc rczoning ~)f thc propcrt}. In addition, any successor in title or assignee is sub cot to thc comn3ilmc~ltN within this agreement. t:nlcss othcrv, isc noted, tile dcliniti,,n~, ~l';ttI terms shall hc ~hc ~,anlc as thc dcfinitionss0t l'{,rthinthcI.l)( inert'cot at thc time {~f buildin5 permit a?plication. ..\Il cc, m. litim'~s impr~scd and al kkmhich govern thc rna,mcr in which thi~ site may bc clcvcl~)pcd. l)cvcloprncnt permitted hv tile apprt~',il! **l' this pctiti[,n will hc subject l,, a omcurrcncv rcvicxv under thc provixitmx of l)iv. 3.1 5 .,Xdcqualc l'ublic l"acilit~c., et'thc I.I)C at thc earliest or next to occur of either []m!l St)P approval, final plat approval, or building permit issuance applicable t~ this development. [:nless spccilica}l5 waixcd l]lnmgh unx variance t~r waixcr, pr~x'isions I'r~m~ ;mx other applicable regulations, thc prtwisi{m:q el' l}l{)sc rcgu[ati qlq llr~i ofl~crwisc pr,~vidcd for in this PI ;I). remain in frill fi~r-cc and cflbct 1998 '4.2 .";I'I 1~ (;I.f{,,\t.,',IN() AND 4.3 4.4 ClearinLz. L-zradinLz. earthwork, and site draina~c w~rk shall hc pcrlbr'mcd in accord;moo with thc Collier C'ounly I.i)C and thc standard:; and c~mm~i~mcnts oF this docurncr]! in ct]~ct al thc time o[ conslruction plan approval. FOR tJ'I'II.ITIIL% F,,ascmcnts. v, hcrc required, shall be provided ibr v,'atcr managcmem areas, utilities and otl~er purposes as naa)' bc required bv Cailler County. All necessary easements, dedications or other instrunmnts shall be granted to ensure thc continued operation and maintenance of all services and utilities. This wilt be in compliance with applicable rt:gulations in ct'f~ct at thc time cm~structi~m plans and plat approvals arc requested. PtJD MA,N'I'I'~R PI,AN 4.5 4.6 Exhibit "A". t>[}I) Mamcr Plan. illustratc~, thc prnpaxcd dc','cl~)pmcnt and is c(mccptual in nature. Proposed tract ar special land usc boundaries shall ~ hc at final plattin!: or site development plan applicati,m. All rlcccssar',.' casements, dedication:;, or other instruments shall be L~rantcd to insure the continued operalion and n~aintcnancc o1' all service utililics and all cnmmon areas in die pro. ioof. t'Rf)Jt{('T PI,,.\N ,,\Pf'Rf)V,,\I, RIiQI Thc ."4ilo [)cvcl()plr~cn[ Plan for indi,,idual tracl:, ~,hull hc submillcd and rcvic~ud, in accnrdancc with all provisisns of l)iv 3.3. Site l)cvclopmcnt Plans of thc (',,lticr (Muntx I,and l)cvclopmcn~ ('odd unless olhcrwisc pr{wJdcd Ik~r within thin I~l :1 ). and prior h~ thc issuance ofa buildin~ pcrm~i ,~r ~thcr rCqLIircd dcvci~plllCnt ~rclcr> FOR ()Fl.'-$1'l'li RI.:~.I()V..\I there is u surplus of earthen matcrkll. Ihcn its ~d'f-silc disp(~sa] ix als(> hcrcbv pcrn~ltlcd t:xca,,'adon ac~i,,'ilics shall compl.', ',','ifl~ Iht dctiniti,m of a "l)cvch,pmcnl iCxcavation" pursuan! to Ncc. 3.5.5.1.3. l,and l)evclopmei~l ('ode. v.'hcrcbv olt'-sitc NOv i 0 1998 :,- _ 4.7 4.8 4.9 removal shall [mt exceed tcrl (1())pcrccrrt of thc I~tal v~Jumc excavalcd tip t(~ ;~ m:lximum ~l' 21),t)l)O cubic v~rds. A timetable Io facilitate said removal shall bc submitted t(~ thc l'lanning Scrx ices [)irccmr for approval. Said timetable shall illcludc thc length ~d' tirnc it ,,*.'ill take to complcJc said removal, hours of t~pcr;.tlior~ arid h;lu] rot. itc.'-,. C. All provisions <il'Nec..~... I,and l)cvclopment Code ere applicable. SUNSET AND MONIT()RIN(i F'R()VISI()NS The Cambridge Square PUD shall be sub.jeer to Sec. 2.7.3.,1. of thc C~llier County l,and 7'" I)¢velc~pment Code. Time l,imits lbr Approved PUI) Master Plans. and Ncc. 2.. Monitoring Requirements. POl.l.lN(i t'I.ACI{S Anv community r¢creatio:dpublic building/public room located within thc Cambridge Square I'IJD may hc used for a polling place, if'determined necessary by thc Supervisor of Elections. in accnrdancc with Sec. 2.6.30 of thc Collier ('ountv I.and Development ('ode. N,,VI'I\'I~ Vt!(iI-71',,\TI()N RF. TI!N I'I()N RI.;¢?t!IRI*.',11tN'I $ Thc pro. jeer shall preserve native habitat, in accordance v. ith thc pr,wisi~n.s of .'4cctiem 3.9.5. \"ugetatior~ Removal. Protection. and t~rcscrvatior~ Standards. t>!' the ('oilier ('¢,untv I.and l)cvch~pmcnt ('ode. C(').\!.",I()N ..\l~,ti.,\ .Xl,.\IN'I'I':NAN('I( GC)IlllllOI1 al",2,:l lllailltCllLlllC¢, ir)eluding thc lllililllCllallCC t',l' coi11111Oll facilities. spaces. ,.valor management li~cilitics shall I',c thc resr,,,nsit',iJitx ,,I' Ibc [)o',cleF, ct. ~hcir stlcccssors (~r assigns. 1998 4.12 4.13 4.14 4.15 \",'hcncv,zr thc developer elects tc~ create iand arc, anJ ,,r rccr'c:iti{,~ purchasers ~,f pr(~pcrty within said development, i~ which thc cc~tllrn(,1 i~tcrcs~ is l{~catcd. thnt developer cntilv shail provide approl,riatc Ic~:~i ~nstrumcnts liar thc cslahlishmcn~ Hropcn}' ()wncrs' :Xss(~cialion or ant)thor :~pproprialc ttr/li[x', xvhos,2 J'uDctiorl shrill ir~cludc provisions t),r l he pcrpctu~d care and maintenance of all common i~acilitics and open spucc subject further to thc provisions of thc Collier C'ountv l,and l)cvclopmcnt Code. 2.2.20.3.8. ()PI'~N SI),,\CI! I'tI(()[JIP,}';MIiNTS h combination o1' thc hikes, v.'ctland and upland preserves, li,~dscapc hul'fcrx ~tnd (,pun space shall mcct thc 30% open sp;~cc rcq,ircmcrnt l~r thc dcvclr~pmt:r~t as sci l'~,rth in dcvcl~)pmcnt pz~rccls :md lots and sh:~ll zlls(~ include ,11 ):tr:d th:ti m:~v I~c dedicated l'or public purposes. SI'Fl:. .\~,(' .\ .()1 ()(li(',\l I,~l:'-;()['14('t.$ Such resources 4. l(, I ...\ N [ ),',4 ('..\ P 1 .x,' ( i .,\NJ) 1'o I h,,,,,-i n,~.z coltdition~: t',v tl~c 1998 /\. Pine Rid~!e Road l,andscapc l~uff,,:'r 1. Width: A minimum nfl5 foci. 2. Sh3de Trees: 23 l".~m on center, minimum: 14 fcct in hui',4ht at instal!aticm. Palm or Pine Trees' In addition to thc required shade trees. I per 15 feet: may be clustered \vith 30 foot maximum distance between 1roe:; or cluster of trees: trees to have an average t',cight of 18 feet and a minimum ot'8 feet. ,1. l ted~2c: .,\ hcdkze of at least 24 inches in height at thc I~mC of planting and attaining a minimun~ of three l'ccl ill hciuht within (mc year where vehicular areas arc adjacent lo road riQ~-of-way, pursuant t{~ ('~qlier ('ountv I.I)C Section 2.4.4.3. Thc required hedge shall bc designed to be curvilincar. East l,andscapcd f~,uffcr \Vest I,andsc;:pc [~uI'lbr None. Thc site's existing wetland preserve shall pn~vidc thc pro cct's required huff'er. t. \Vidth: ,,\ lllillilllL~Ill of 3() [Cci x~.ilhollt \t.':,tl,..'r lll;ir'~;!'4ctl/Cllt: and. shall incorparznc a I',crm *'.itt,, a minimum hciuht o1' x IDct. Thc required i~cclTc shxll bo designed to bc curvilincar over ~hc berm. Shade Trees: 20 fi)or OI1 CelltCr. 111illillltlH1. 14, I'o~q in hci,.:ht ,:it In addition t,~ thc required shade trees. I per 1(~ l'cct' max be clustered with 3() foal lll;tXillltllll dlMallCC ax'uragc hcighl oI'18 I'cct ami a n~inimun~ ol'X (cut. 4. lied.ac: ,,\ co~VillU~ms hc,._Jgc comprised of a minimum t~l' wn gallon plants live ikct in height. ~hrcc lbct in spread and spaced a l~lininlu~ll I}mr IL'ct on ccn~cr plantinM, Installation shall bc intcrv.'m'cn with CC)IIlilI/IOllS S l}xq ~rccn {~r htack cox'crcd vinyl 1). North (P,¢ar)I,andscapc Buffer 1. \Vidth: Shade 'I'rccs: 75 f~.'ct' ;~ I~ii~iFnum (~J' 30 l'cct witi~out water management: and, shall incorporalc a berm ~vitl~ minimum hci~h~ off3 fo'ct. Thc required hcdFc shatl~ be designed to he curvilincar over thc berm. 20 [~t tm center, minimun~: I4 foot installation. Required shade ~rccs shall bc N,laplc:' Palm or Pine Trees: In addition to thc required shade trues, I per l() feet: may t',c clustered with 30 lk~ot maximum distance bctwccn trues of cluster o[' [rets: trues to [lilVC an ax'crape I~ci~ht of 1 N lkct and a minimum of g t'cct. 4. ]ledge: A c(mtinu{ms h¢clgc conlpriscct of a minimum of'tun gallon plants five f~et in imight, three fcct in spread and spaced a minimum four IL'ct on cchtcr at planting. Installation shall bc inlcrxvox'cn with contint:ous 6 l*oot green or }Mack covered vinx chuin link 1Z'ncc. l" Internal t3ulTcr Bctx,.ccn [Tscs l. \Vidth: Shactc 'I rues: Palm ¢~r Pine 'l roes' minimum N() butTer required if developed under unified c~mtr~,l. i. i,v t d 1998 SILC'I'I()N V I)E,c, CRII'TI(]N()t.' ' () '" . , .5.1 PUP, I~OSIi The purpose of this Section is to set forth the General Permitted Usc:~ and do,'clopmcnl sla;~dards for ]'facts "A" and "B". 5.2 DEVEI,OPMENT INTENSITY The maximum development intensity permitted on Tract "A" is thirty-five thousand (35.000) S.F. of gross leasable office space within the }/,astern parcel, not to exceed five (51 acres. Transitional uses on Tract "A" arc permitted to hc developed tip to a floor area ratio of .45. Tract "B", thc maximum development intensity is als(> based on a floor area ratio of .45. 5.3 I)I';SCRIPTION ()F I'ROJE("I' PI,AN ANI) t)R()l'()Slil) I.,.\N[) [ :SI.:S Thc project :Master Plan. ;ncluding and usc of' land thr thc acrcaac n~tcd, is illustrated graphically by I'~xhibit ".,V'. PI il) Master ['lan. 'I'..\BI,t! 1: (I,,\MBI{II)(}li SQ[5..\I),,I( SL/*I.Xl.,\R'f ()1. I)I!VI:,I,OI'MI(NT INTI-~NS1Th' : l'YPl.' .,\ £'1~, 1':.,\ (}t'i INTI.:NSITh' i TR,,\CT..\ I Oflicc"'lransitional {_:scs 5.0 Nlaximum 35.0[)0 : ..... ~ .... ;-:~-~-T ...... . ................................. J ..... : ...... I *Permitted I/scs arc del]ned in Ncction VI. Vll. and VII1. :'his acreal2c includes ()pon .~pacc or recre'ati(mal ::rc~ls thal [Yl.[t\l be ]llc,[ited xxi:hil iract ac rcagc. Table 1 is a schedule of thc inlel~cted lam! uses. v, ith approximate aorta? of Ibc hmtl project indicated. Thc arrangement oJ'thcsc lamt areas is s}~own on thc Nlastcr }'lan (tLxhibit ",,X"). Thc Maslcr Dcxcltq~mcnl t'l',m is an illustratix'c prcliminar} dcxcl~:i~llc~ll 1998 -il- '.~:,'J 1 0 1998 6.1 6.2 'l't~c purpose ot'this Section is to scl tk~rlh thc tdcncral pcrlnittcd u.',cs l~r b~lh 'l'racls .~[ and I~ depicted on thc P[.;D Master Plan. Ce~ain uses shall be considered general permitted uses throughout thc Cambridge Square PUD. General pcrmiucd uses are those uses which gcncrat serve thc Developer and end- users of Cambridge Square PI.Il) and typically arc part of ibc c(m~mon infrastruclurc of thc proposed development. (~cncral Permitted Uses: l{s:,;cntia[ s,.2rviccs a.,.; .'.;ct Ik)rlt'~ ui~dcr ('t)llicr ('~)ui'~t', I,ai'~d (,.~ode, ,%cction 2.6.9. I. \k'atcr i~anagclncnt I'acililics and rclutcd strt~cturcs. 'I'cn~porary construction, suits, and administratix c oI)iccs Ik~r thc [)cvclopcr and [)cvclopcr's auth~}rizcd contract{ws :md consultants. 'reserve areas or landscape Ik'aturcs i~cludinu }nut n~,t limited t[~ l:mdscat~c hul'l~'rs, htr'ms, and I~Hcc~. 7. ~hicb ~hc l)cvcloDmc~n Services [)ircclt~r dctcrm~c~ I,, bc -12- / NOV I 0 1998~ 7.1 7.2 .%1'~£"1'I( )N VII PI.~Ie. MI't'TI~I) I :."4liS, & I)INIIh.N.%I(}N:\I.."41 'i't'~AC7'I z\ Thc purpose of this Section is t() set i\wd~ the regulations for thc area dcsi~unatcd on Exhibi~ "A". PUD Master ['lan. as "Commercial-Tract .,\". ,,\ maximum of' 35.0f}¢} square feet of leasable commercial area shall be developed within Tract A. No building or structure, or par1 thereof, shall be erected, altered or used. or land or water used, in whole or in par1, for other than thc following: A. Permitted Principal IJscs and .q~.ructurcs I. The commercial uses are as Folh~ws: }1. ()roup Care l'acilitics fcatc?r.'. I & 11): care units. pr(wisions oF('ollicr ('~)untv l,l)(' %ccli()n 2.2.3.3.(): homes: assi~cd livinp facilities pursuant t~ 4()().402 58A-5 F.A.C'.: and continuin~ care retirement pursuant to (~51 F.$. and ('h. 4. 183 F.,,X.C.: all sub, cot .,\ccountin~. auditing, and I:,~kl<ccpinp services 18721 ). l~usincssscrviccs(gr,mps7311. 7; 7;71. 7_172. 7374-7_176. ('hildcarc centers and adult da\ care centers {,N351 I. (.'hurchcs and t~thcr places t~l'xk,w',niI} (86G1). [)cp(~,dtory imatitutions x,.'ithot]t drix c-thr~mgh (groups (~()11 I{l~ginccrin~, architectural, and survcvim2 services I?r~mps :';71 i- ~713). I lealth services (group,~ 8/) 11 -8(I.1()) NOV 1 0 1998 7.3 ~74~) 1. Medical ()l'llcc (yr~,up'.~ ~011 -- m. Niisccllancous personal services (7291). n, Non-dcposil~ry credit institutions (yr~mps 614 - o. Rcal cslatc (~roups 6531-6541 ) p. Nchools, public and privatc ,,M~ other usc which is comparable in nature with thc uses and wi~ich thc l)cvclopmcnt ~crviccs l)ircct~r clctcrminc~ bc compatible. t'crmiucd Accessory [;scs and ~trucmrcs 1. ,,Xcccssorv uses and structures customarily ass~ciatcd with tim permitted principal uses and struclurcs, includin~ vchictmlar ~ara~cx ~r c~x'crcd parking. 2. l(sscntial scrx'iccs and 1k~cilitic:4. ..Xnv other usc. ~hich is comparable in nature ~ith Ibc tk~rcg~intd which I)cvelopmcm Ncrx'ices l)ircctor determines I,~ bc .%ilo 'l'wcntx-lix c (25)I-'cot 'l'hirtv-livc (35)l:cct l.'ortv-I] vc 145) l"ccl NOV 10 1998 Side '~ ard: Rear 'Yard: 1') Maximum ][ci~ht of Structui'c.¢;: E. Maximum Number of Stnrics: 'l'wcn~.>'-fi vct 25 Il'cot Scvcnl','-iivc { 75 ) {'cci Thirty-l' irc (35) Feet. 't'hrcc {3)hahitabic floors. Distance Between Principal Struclurcs: None, or a minimum of ten (10) feet with unobstructed passage from front to rear. G. Minimum Floor Area o£Principal Structures: (')nc thousamt (l.000) square feet per building on thc [zround fi(mr. Il. ,Architectural Common Theme: Structures within this Tract sJlall have a comm<m archhcctural theme, inclusive or compatible usc ofmatcrials and colors. Slructurcsmus~includethcf~)llowin~ elements. I. Primary Exterior Walls: .'<,tucct, .'2_. Porches or exterior c¢~,.'crcd areas: StUcc~ ~r ~'(~¢~cl l:ramc 3. Primarx Roofs and Covered l>arkin~: ('lay ur Cement. 'lilt: 5'12 r(~ofpitch or greater. 4. Parking and site lighting: .,Xnodizcd Bronze }"ixturcs NOv 1 0 1998 8.1 8.2 51'X"t'I<~N VIII Pi:.RM I'i"1 Et) t.!SliS & I~IMI' N.SI()NA t. .";'I .,\ N I)A R D.S' ' PURP©SE The purpose of this Section is to set lbrth tile regulations Ibr thc area designated on Exhibit "A", PUl) Mas~er Plan. as "Tract B-Transitional l;scs". A maximum 0.45 area ratio of square footage shall be developed within Tract B. No building or structure, or part thcrcof, shall bc erected, altered or treed, or land or water used, itl whole or in par1. Ibr other than thc following: A. Pcrmiucd Principal IJses and Slructurcs: Group Carc Facilities (catcgor,v I & 11): care units, sub. itel to thc provisions of Collier County LI)C Section 2.2.3.3.6: nursin~ homes: assisted living facilities pursuant to 400.402 F.S. and Ch. 5~A-5 F.A.C.: and continuing care retirement communities pursuant tn 651 ILS. and Ch. 4.183 F.A.C.: all subject to (;oilier County I,I)C Section 2.6.26. Child carc comers and adult dax carcccntcrs (8351~. Churches and other phtccs of worship 18661}. 4. Schools. public and privxtc ]~,. Permitted .,Xcccssorv ['.',cs and Nlructurcs lV~ incipal tmtrs and strtcturcs ~ }Sssential service, lind I'acili~ic.,,. Cus;tomilr',.' .,[lcccsso7\ LISCS iltld strucltlre5. Irlcludii1u vehicular garages or covered parking. Recreational uses and facilities such as swimmin,=, petals and lentils omits. Such uses shall hc x'isuallv and functi{mallx con~patibtc with thc ad accnt primary strtlclurcs. ~hich have usc (~1' such I';tc"' ' lll[IC5. q ,,\n\' other usc which is cornp',trahlc in nature vdth Ibc l'orcuoinu uses and which thc DcvcMpmcm Ncr\ ices l)irccu,r determines to hc c{m~patihlc ~ ~G~4r r NOV 0 8.3 l)l-'.\" '~I.OPMFNT STANDARI)S FOR" ' "' I~ I I...:,LJ B. C. D. E. F. G. tt. Minimum SiteArca: Minimum Sile Width' Setbacks for PUD Boundaries: Setbacks Inlemal to the PI. il): .'Maximum l teighA_of Structures: Maximum Number of glories: 2.2."; Acres 75 Feet 25 [:eel: none il' under unified omlrol. Thirty-15vc (35') Feet. Three (3) habilable floors. I)istance Between Principal Sin cturcs: None. or a minimum often (10) foci w/th unobstructed pass;igc fromm fr~mt l{~ rear. Minimum Floor Area of Principal glrt cturcs' ()nc thousand il.riO0) square feet per buildin< on thc grmind llo~r. Architectural (Jommon Theme: Structures within this Tract shall haxc a common architectural theme, inclusive c~iI1111()i1 or compatible usc of malcrials and colors. Structures must include fo]lo,.vitlg COllllllOrl C]CIllCtll,'-;. 1. I~rimarv t!xlci'ior \\'ails; Stucco Porches ()r c×tcrmr covered (trcdg; ~[Llt.'C(~ ~)r \\'(',{)d J"r:llllC l'rimarx l~,oot's ami Covered th~rking: ('lax or (icmcnl l ile; 5 12 r~fpilch or greater. Parking and site lighting Anodized Bronze Fixturc~; 1998 The purp¢~s¢ of this N,.'cti(m is t~) set l'ortl: thc tran~;p,;rtation commitmcnt:¢ of thc t'roject Developer. 9.1 The developer shall provide arterial level street lighting ;.,t thc l'tJl)'s singular access point on Pine Ridge Road. Said improvement shall b,-' in p!acc prior to the issuance an'.,' Ccrti flcatcri of Occupancy'. 9.2 '['he Developer shall provide ii right turn ianc at th,.' project's prop()scd access fronl Pine RidgcRoadpriortt) theissuanc~.~l'aCertificateofOccupancy. Thc i)cvclopcr shall bear the cost of these improvements and such improvements arc not subject to impact fcc credits. 9.3 The County may require an additional 1() feet of right-of-way lbr thc widening (~i' Pine Ridge Road prior to thc issuance ofa CerlilScatc of()ccupancy. ThcC()unlvmavacquire the property in the turin of a roadway casement tbr impact Ibc credits if acquired prior to thc development o[' thc subject prt)pcrt)'. 9.4 Pedestrian access shall bt: provido, t bctv,'ccn all parcels and uses in thc dc,.'elt)pment, at the time of Final Site l.)cvclopmcnt Plan appr~val Ii~r eacl: im~dividual In:ct. NOV 1 0 1998 The purpose of this .'qcclion is !o set forlh thc ulilitio:; and cngiuccring commitments ~,1 the Pro ecu Developer. 10.1 I -I'II.iTtES Pr,able water will be supplied };x ~l~c Counlv \Vater service s,,'stcm through an c:,:isting 12 inch main running casl and ,,:cst on the north side c,f Pine Ridge Road. All construction plans and technical spccificatior~s f~,r thc project shall bc rcvicxvcd and appr~wcd by thc Pia.,~ning l)cpanmcnt. [{ngin¢,zring Review Ncr,. ices pri,,r u~(:t)mmcnccmcnt afc~mslruclion. {)n-site water lllaii'l.'4 shall Dc installed hx thc [)evchT, cr at m~ c(,st 1() thc C,'mntv and shallbcnlastermctcrcd. All~m-s~tc v,'atcrma~n:.xhalI hc,~wncdandmaintained bx thc I)cvcMpcr. his assigns or ('.7onncction to thc County sc;~.cr s,,'stcrn M~al] be t<> thc (.'ounlv force main located on the south siclc of Pine Ridge R~ad. at n~ c~5I t{~ thc ('ounlv. Sewage shall be pumped by an on-site stat~<m h) thc ('(rant', 5x'stcm. All construction plans and technical spccilicat~,ms shall bc appn}vcd hv thc Phmnii~g l)epanment. 15ngincering Rcvic~t Ncrvicc. prior to omstruction. EN( ;I 5; f<t ',1{ I N(; l)lanning Ncr, ices I)ircct,~r Ibr rcxicx~. N,,o,nstructitm permit5 shall bc issued tli11055 HIld until approval ,~1' thc proposed construcli~m, in ilCCl,rdilllCc with thc submittc~t pians, is granted i~ Ibc l'i;mni~lg Mortice:, I)ircct~m all ;~pl,licahlc includin~ th~sc scl Ibnh '1 hc I)c,,ch)pcr. and al] suc~.'cs,4,,;.. ~n intcrc,<t ~,~ thc l)cvcl(q-~cr shall hc required cl'l~'ct prior lo ,>r COllctlrl'clll ~k ilh i~n', 5n}~>ctiuclv dc',cJO~lllC[ll ~rtlcr relating tt~ this s~tc. including Site I)cvcl,q>mc~t l'l;mx and any other applicalitm that will result in thc issuance ol'a lfnal t~r h,cal dc,,clopmc;n ,)rdcr. NOV 1 0 1998 \V:VI'I.R NI.,\NAt;IL.NIi;NI I-/}.()t IR1{.',,!17,41S '['hc purpose cq' lhi:,; .'4, cctitm !:,; t¢~ ~ct forth linc ',,.atcr :mm;i;,.cmcnt comrnitmcnts ~t' thc i'r,,icct I)e:'clopcr. 11.1 l)ctailcd paving. ,14,,r;tdinE. and site drainaL2c plan.,, 5, hall bc submiued to tt~c [)cvclopmcnt approval oF thc proposed construction, in aco~rdancc with {}~c submitted plans granted by Planning Scrx'iccs Directar. 11.2 Design and constructiol] of' all improvcmcnt~, shall I~c sub.jeer t~ compliance xx'ith thc apl'm~priatc provisions of thc (.'~llicr (:ountv I,and I)cvch,pmcnt ~,'t~dc. l.and,',capin}?,, within thc ',,,'atcr manaL~cmcnt arca'~, iv, permitted, except :m pr, q~iNt..'d hx thc ('oilier (7<)unlv t,and l)¢vclopmcnt ('tx. lc. 11.4 ..\nexcavationpcrmitshallbcrcquircd',~hcrcal~l'qicahlcin:<c'(~rd;mccx~'ith I)i', 3.5of thc I,and l)cvclopmcnt Ct)dc and South J.'Jorid'a \\'ulcr .'xl;maUcmcl'!t l)istrict Rule:;. 11.5 Thc subicct property is currcmlv under comm(m oxvncrship with I}~c adjacent properly to thc cast. Under this circumstance, a ks'dior Illalllit~C[llC!l[ SVS(C;ll IllaV }lC shared with propcrt} to thc cast and thc cypress area xkilhin t}lis S', qlClll LIS pcncr'allx depicted ,)n thc l'(,~I) Nlastcr Plan. shall bc preserved und enhanced. If thc ownership chan,~cx on thc propc~y to thc cast. water management lk~cimitics may t,c sharcd with ibc necessary \Vatcr manx~cmcnt requirement.,, ~,f thc l'( 'I.)'-. in,,lix i,,Ju,l[ dcvch~pn~cnl:-, .,,luff! b,,' linked ti~rou~h thc proposed draimu.~c c:tscmcnt, u'~ sh~xvn ,m }{xl;ibi~ "..\" I'l'I) Nlaxtcr Plan. which outli~lls to thc sit(:':; eastern v.'clJand [',rcxcr'x c area. I1.7 ..\ copy ol ibc St' WXII) permit ix required pri~,r i,, dc', ci~,pmcnl i'qun u!'~lm~,.'al. l-or pcr~mctcr berm );ci.ulltx in cxcc.~x ~1 txx~, l,.'ct. ,id,,.' ,.i~,pcx shull hc ~ a l',u~xin~um ~,t' NOV 1 0 1998 .% [!("I'I(}.N' ..x711 I~N \"II{,' ),",,'NII.iNT,,\ I. l~l!OI ;lbtt'2:,If'iN I .% Developer. t2.1 'I'he project shall meet all pertinent environmcnlz~l related rccltdrcrncnt,.~ of iht: (.'oilier (2t-}tHlt~ Cir~wth hJanagcmcnt Plan. including the (~t~ztst~] Zo~lc ~md C'onscrvation Management [element. in effect ~,t thc time lhat rctit~ests arc ~a(tc fk~r Site [)c~'clopmcHt Plan 12.2 A wetland preserve area i~4 depicted <>n thc P[.rD .'x. la,~tcr I~lan. 'Ihi.% ~cl~a~d is trader common ownership with thc ad accnt property 1~ thc cas~. THc pro cot's pllm for development is tn prcscr~'c this xvctland area ir] its entirety and to enhance il with shared water ~3u~agcmcnt between thc two propcmics. 12.3 IEnviro~m~cnlal pcrmittin,g, shall be in accordance xvith thc s~atc off Flor/da bc c(~uHlcd toxvards mitigation liar impacts to Collier (_'ot~t) jt~ri>;cticli(Tr~ul wctlar~ds. 12.4 whichever is r~j*plicablc, with protective covenants per ~,r similar it, 5ccti{,n 7r).l.0(, of 12.5 12.6 Itl Ibc cvc:~t, thc Dr,uccl chics n(~I rccit~irc phitti;l~. :ltl co~scrvati(~l~ arca:~ sh;~I] hc l'r{~ol' ~1' ~xxHcr.ship l'(~r thc shzircd w~ltcr H~aI~l[zcmcl~l liar thc ud.i,dning properly h~ thc oust shall bc provided to Current -21 - NOV I 0 1998 12.7 12.8 Thc l)¢','dopcr shall retain thc c?:istin~ k~cthlnd preserve c~,p.s~stinS.: ~1' 2.5~ acres, rnm'c or less. per the rcquiremcn! of ()rdinazlcc 98-26. Buffers shall be prm,'idcd around wetlands, extending a least liftccn (I 5} fcct hmdward from thc edge of wetland preserves in all places and averaging t',vcnty-tivc (25) fcc: from thc landward edge of thc wetlands ~o remain on site. ",Vhcre natural buffers arc not possible, structural buffers shall be provided in accordance with thc State of }"lorida Environmental Resource Permit Rules. NOV 1 0 1998 :7' NOV i 0 ]! EXE C_U_~_U M MA Ry PETITION NO. V-98-15, R. BRUCE ANDERSON REPRESENTING RONALD L. GLASS PRESIDENT OF RSG FAMILY LIMITED PARTNERSHIP-IMMOKALEE, REQUESTING A 30 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT FRONT YARD TO 0 FEET ALONG NORTHERN FRONT YARD, AN 11 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT FRONT YARD TO 19 FEET ALONG THE EASTERN FRONT YARD AND A 10 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT FRONT YARD TO 20 FEET ALONG THE SOUTHERN FRONT YARD OF AN EXISTING APARTMENT COMPLEX IN IMMOKALEE. The petitioner is requesting the above described after-the-fact variances in order to remove existing setback violation for an existing apartment complex. ¢-O~T t O N _,~ This site, known as "The Immokalee Apartments" was developed in 1970. The applicants purchased this property in 1998. A survey ordered by the buyer indicated the encroachments. The survey has also revealed a 5.2 foot encroachment into the Delaware Avenue ROW. The applicants have petitioned the Board of County Commissioners to vacate 5.2 feet of the said ROW. The applicants are requesting this variance in order to remove setback violations that have existed for 28 years. The Collier County Planning Commission reviewed this petition on October 15, 1998 and by a vote of 7-0 recommended approval of the variance, staff has not received any letters of opposition to the granting of this request. At the CCPC meeting no one spoke in favor or in opposition to this variance petition. None. _.G R O W']' Fi ~L.~_.T_ IMPACT; None. HISTORIC/ARCHAEOLOGIOAL IMPACT: historical and archaeological probability as referenced on the official Colli, Probability Map. Therefore, no Historical/Archaeological Survey and Asse required. StafFs analysis indicates that the petitioner's property is located outside an area of r County sme t° NOV 1 0 1998 PLANNING COMMISSIQN RE~?~.h~L0~ That the Board of Zoning Appeals approve V-98-15. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER Rb~IALD F. NI-N-O, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE R~,DIRECTOR PLANNING SERVICES DATE APPROV/~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGENDA ITE.~,~ 7-F TO: FROM' DATE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COM, MUNIT¥ DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Sept. ember 18, 1998 RE: PETITION V 98-15 -: AGENT/APPLICANT: Owner; Ronald L. Glas, President RSG Family Limited Partnership-lmmokalee 850 S Collier Boulevard Apt. # 1701 Marco Island, FL. 34145 Agent: R. Bruce Anderson, Esq. Young, Van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive Suite 300 Naples, FI. 34108 The petitioner is requesting a 30 foot variance from the required 30 foot front yard to 0 feet along northern front yard, an 11 foot variance from the required 30 foot front yard to 19 feet along Ihe eastern front yard and a 10 foot variance from the required 30 foot front yard to 20 feet along the southern front yard of an existing apartment complex in Immokalee. _G_ED GRAPHIC LOG ATIO.)_.~_;. The subject property is located at 601 Delaware Avenue in Immokalee and is further described as the SE1/4 of the SW1/4 of the SE1/4 of Section 4, Township 47 south Range 29 East, Collier County, Florida. ' P-J~L.~P_Q~:~.D E S C R !..P TI 0 N OF This site, known as "The Immokalee Apartments" was developed in 1970. The applicants purchased this property in 1998. A survey ordered by the buyer i:~uc..~ea ,k,-, encroachments. The survey has also revealed a 5.2 foot encroachm;.~nt ~to tho/?c- -1- NOV 1 0 1998 1998 Delaware Avenue ROW. The applicants have petitioned the Board of County Commissioners to vacate 5.2 feet of said ROW. The applicants are requesting this variance in order to remove setback violations lhat have existed for 28 years. Existing: Multi-family residential, zoned RMF-16 Surrounding: North East South - West - Multi-family residential, zoned 'WR" Village Residential Mixed residential, zoned "VR" Village Residential Mixed residential, zoned '"VR" Village Residential Vacant, zoned RSF-16 (13) HISTOF~LCIARCHAEPLOGIGALIMPACT, 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 not required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND !NFR__ASTRUCTURE' Approval of this variance request will have no affect on infrastructure, transportation or required environment relationships. This is a local subdivision street. Many local subdivision streets have less ROW than the result of any vacation of five feet. ANALY$ $; 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 Subsection(6)(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 (6) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, This property, when developed, was zoned RM-3. This zoning district required a 30 foot front setback. Same setback applies today to this property which is zoned RMF-16. -2- 1998 bo do eo go Are [here 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 purchased this apaltment complex 'with these encroachments. The applicants did not cause any encroachments. By this petition, the petitioners are trying to remove the existing encroachments and thereby remove a "cloud" on the title. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes, a literal interpretation of the Land Development Code ,,',,ill result in the removal of all encroaching buildings which existed with no complaints or problems for 28 years. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. This variance request is the minimum variance to make the existing buildings setbacks conforming with the provisions of the Land Development Code. 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, however, nothing is to be gained by not removing the inability of this owner and subsequent owners to obtain financing due to the cloud on the title created by its non-conforming o,atus. 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, a variance is seldom in harmony with the intent and purpose of the LDC. in that the setbacks are established for a multitude of reasons, paramount among them are free flow of air and light and aesthetic considerations. However. these conditions existed for almost three decades and have not caused detrirnent to th;e public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? -3- I40V ] 0 1998 No, h. Will granting the variance be consistent with the Growth Management Plan. The granting of this variance will not change the requirernents of the Gro'~h Management Plan. STAFF RE. GO MMI~ND.ATION: Staff recommends that the CCPC recommendation for approval. forward Petition V 98-15 to the BZA with a PREPARED BY: .-. / .] /, CHAHRAM BADAMTCHIAN, Ph.D., AIOP P/,R.,.~N C I PA L PLANNER ~RF_,VIEWE D BY: '~'L~)- . NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE RO{3ERT J. MULHERE, AICP, DIRECTOR DATE PL~/~ NG SERVICES VINCE~IT A. CAUTERO, ~,, ~'DMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: Vo98-15 Staff report for October 15,1998 CCPC meeting. This Petition has tentatively been scheduled for Hearing. November 10,1998 BZA Public Collier CountyPlannin Commission: 'MICH--, ~HAtRMAN NOV i 0 1998 Ar'ronr~ErS ~,'r L~'~, NAPLES S~pte~nber 28, 1998 T~.~-~SC[. FLO.~D* 3~30~-1633 Su~T.ust .Mr. Chahran] Badamtchian Senior Planner Community Dcvelopmen~ & [:.nvironmental Scr:'iccs Division Collier Count\' Government 2800 N. Horseshoe Drive Napl;~s. FI, 34104 RE: Petition No. 98-15 - RSG Family l_irnitcd Pannership - lmmokalce .,\partmcnts [)ear Chahram' [:olloxving is ti~e information neccssarx' to complete thc Disclosure of Financial Information section in thc above referenced Petition: RS(,; Family I,imited Partnership General Partner: Barficld BavProFerties. lnc. Limited Partners: Ronald L. Glass Stephen Glass 'Fn~st Robert Glass 'I'n~st Suz,annc (]lass Trust 24.75% 24.75% 24.75% 24.75% I appreciate }'our prompt anent]on to this matter. Should you have an.,.' questions, please give me a call. Thank you. Sincerely. R. Bruce .Anderson ,~GEN"' I M i NOV 1 0 lgge ! RESOLUTI©:,~ NC.. 99- RELAiiUG TO PETiTI©N NUMBER V-98-15 FOR A VARIANCE ON PROPERTY HEREiNAF?ER 5'£S£ F' - - ~ .--;.~ !:; ~:-~-v= COUNTY, f'LORi~A. WHEREAS, :.ne le~:siature cf the State of Flor:ha :n Chapter !25, 9 Florida Stat'aces, has csr. f=~=d on all counties tn FicrzCa ..... power 10 establish, ccordlnate and er~force zoning and such business regulations 11 as are necessary fzr the protection of the public: and ~HERLA. S, %ne Counzy pursuant thereto has adoptec a LanG 13 OevelcDr~ent Code ~O~dinance "~ )! · . .,~. -i02) which es~.'~-~ishes re~]ulations 15 which is the Srantln~ of varlances; ans 16 WHEREAS, the Boars cf Zen:nc Appea~s, D~ing ~ ~'Iv elec~ec 17 ccnszitutec--a = .... .... ~ -~= .... area r.~r_ =~','-~. aff~-~o~,~ has h~id_ a puoiic IS hearlng ar%er nctlze as ~n sa~ reuuia~ons made and zrcvided ant has 19 ccnsi~erez the aS-.'is~~: ~ ~ly cf a ~-,oot variance from the requlred , ~ .......... ncrt..~rn property 22 feet to 19 feet alcr. V tr.e easterr, proDertl, line ar.c a lO foot variance 2B from ~he r~au~r~S-. .... ' .... ~,,~ yard setback cf 30 feet ts 2T feet along the 2~ southern property ilne as shown on the a~tached plo~ plan, Exhibit "A", 25 in an Pr{F-i{ Zone for the property hereinafter ~escribed, and has found 26 as a matter of fact that satisfactory provision and arrangement have 27 teen maae concernln~ all applicable ma~ters required by said ~8 regulations an~ in asasr~ance wlth Section 2.7.5 cf the Zoning 29 Regulations cf sa~C Land Develcpr.en[ Code f~.r the unlnccrporated area 30 of Collier County; and 31 WHEREAS, ali :nlerestes,m~rtles-- have beep. clven, opportunity to be 32 heard by. '~s~;.. 5:arc in public .-,~'~n~ ...... assert!ed, anz tr.e 5card havzn~ 33 considered ali r, atters presentec; 34 NOW THEREFORE BE '- RESCL','ED~nv ..... ~u~ SC'AFb OF ZO~;i''~.,= APPEALS ]S Collier County, Flcr~Ca, that: 36 The Petition V-~-': ~ilea hy R Bruce A. nderscn cf v .msenderp reyresen%ing RSG Fami!y'Llmlted Partnership- oka!ee, with respec~ ts the 7roperty hereinafter Cessr:sed as: -i- f~OV 1 0 1998 t~e ar.-~ the same hereb':' is approved for a 30-foot variance Irom the :e?;fre~ fr;r.t }'ar~ setaazk cf 2S fee~ to 0 feet along the r. or:hern proper%)' ~:ne, an 11 los% varlan~e fret, ~he required front yard setback variance from lke requirefl front ya:~ se%back cf 30 feet tc 20 fee% aicng the southern property line as shown on th~ attached plot plan, Exhlblt 'A', cf the PM~--i6 Zcnin7 Oistrist wherein said property is located. -.= h~ r~ordec ;r. t~ r. lnu'~= $~ this Board This Pesc]utisn acopted after mo~ion, second and ma3ority vote. '~r,e this day c'_ , ,998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBAS~ B. BERRY, Chairman \ \ _Lc. gal d~$cripti~n The souEheas~ M of the Southwest W of the Southeast W of Section 4, Township 47 South, Range 29 East, Collier County, FlOrida. EXHIBIT "B" NOV 1 0 1998 VARIANCE PETITION 1.[ 9 8 ".* 1 5 11~'~ (VARIANCE FROM SETBACK¢Si REQUIRED FOR A PARTICIII,AR ZONING DISTRICT! ' PROJECT PLANNER: fABOVE 3'0 BE FILLEI) 1N BY STAFF) PETITIONER'S NAME: R S G Family Limited Parlncrship-l._mmokalcc PETITIONER'S ADDRESS: 850 S. C~llier Blvd._~_Apt. 1701, MarcQIsland, FL 34145 TELEPttONE: AGENT'S NAME: R. Bruce Ande_r3_£~_n_~f__¥_r2_u._n~_g~.~3D ..'55~.q[Ld?P & Varr~a¢to_c)~ P.A. AGENT'S ADDP, ESS: 801 Laurel ()ak Drive. Su. jtc 300, Naples, FL 34108 TELEPHONE: (941 }597-2814 FACSIMII..E NO.: (941) 597-1060 I.EGAL DESCRIPTI()N OF SUBJECT PROF'ERTY: The Southeast ~A of thc Southwest ?.i of thc Southeast ~A of Section 4. Township 47 South. Range 29 East. Collier Count.,,'. Florida. (If legal descripticm is length.,,', i.e.. metes and bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY: RY[F-16 EXISTING I.ANI) USE ON SUBJECT PROPERTY: Immokalee ,.\partmcntq ADJACENT ZONING AND LANI') ZONING N S \.'P, Residential E VP, Residential W RMF-16(I.~ Vacant LAND USE Residential N0¥ 1 0 1998 MINIMUM Y.,~,RD REQUIREMHNTS: FRONT: 30 CORNF. R I.OT: N-f~/y~;s (CIRCLE ONE) SIDE: 15 WA'FF. RFR()NT I.OT: NO,-Y-~ CIRCLE ONE) R[':..\R: No! a_p~.li__~_ca_b, h,' b,.'cause..,p_r.<~cr~ has three front~'ards NAT_L'RE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed: tile amount of encroachment proposed using numbers: i.e., reduce front selback from 25' to 18'; when property owner purchased property; ',&'hen existing principle structure was built (include building permit number if possible); whv encroachmen! is necessary; hon' existing encroachment came to be: etc. This is a companion petition to a separately filed Right-of-Way Vacation Petition to vacate a portion of Dcla~vare Strect abutting the northern boundary of the subject propenv. Thc Vacation Petition shc~uld bc heard and approved prior lo this Petition because one of the earianc¢ requests is predicated {~n measurements fr{~m tile proposed new right-of-way line. Petitioner seeks the following setback variances: A) Reduction from thirty feet (30') to zero feet (0') ahmg northern front yard: B) Reduction from thirty feet (30')to nineteen feet (19') alon~2 thc eastern front yard: and C) Reduction from thirly feet (30') to twenlv feet (20') along thc southern front yard. Thesc variances are sought for thc hnmokalec Apartments constructed in 1970, which provide much needed ttUD Section 8 subsidized housing (I00 apartments) fi,,r Iow income workers in the lmmr>kalec area. Thc building encroachments werediscovcrcd in 1998 in connection with the sale of'thc property to thc current owner. The Immokalce Apartments were constructed in 1970 under Collier County Buildim2 Permit No. 70-164. Thc buildin~ permit file. aportion~fwhichisaltachcd, rcficctsth~itthcsub~cctpropcrlv was zoned MF-3. and that the required setbacks of thirty feet (30') on the north boundary an~ twenty-five feet (25'/ fi)rtlleothcrboundariesweremet. A site plan and architectural plads and specifications ~vcr¢ also included in the building permit file. It is unknown whether it was a survey error, construction error, or some other factor that caused thc buildings to be constructed into setback areas, but Count,,.' files demonstrale that the then owners of the~property sought t{3 comply with County requirements at thc Iime of construction, and that the County four.d thc construction to be in compliance. It is in tile public interest to grant these variances toeliminatc the threat of destruction or removal of these encroaching buildings which help meet housing needs lbr the working poor in lmmokalec, and which have existed for twenty-eight (28) years with(mt problems and without the knowledge of the property owners or the County. N0¥ 1 0 998 /9" Please note that staff and the Collier Count)' Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in their determination to approve or deny a variance petition I)v the below listed criteria (1-7). (Please address this criteria using additional pa~es if necessary.) o ,'-.re there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved. Yes. because the property is bordered on three (3) sides by' public rights-of-way, and thc suh. jcc~ property has three (3) frrmt yards. Setback Variance A is for a building encroachment adjaccnl to Delaware Street right-of-way lhat is unpaved, except for thc entry drixcaav I(~ thc Immr~kalcc Apartmt:llls. At the time of building permit issuan,:c. only a tv.'cntv-fivc f{,~t (25') setback rm thc cast. west. and south was required f~r thc buildinF~ which arc thc subject Vari;~nccs Band C. With thccxccptionr~felccrric meter boxes, and a less than ~>r~z loot (l '1 cr~croachmcnt of thc most n()rthcrn building inl(~ thc eastern v;~rd, thc huildingq which arc thc subject ~)f Variances B and C met thc then required setback of twentv-fivc fcet (25') (now thirty foot (30' ) requirement). It appears that meier br~xcs wcrc all(,xcd t~ cncrr)ach in setback areas in 1970. Among' Iht other special omditions and circumstances is the fact that these apartments help meet affordable h(~usine needs in Immokalcc. and arc tIUI) Section 8 subsidized housing. Are there special conditions and circumstances which do not result from the action of tile applicanl such as pre-existing conditions relative to the property ,~'hich is tile sub.jeer of Iht, varianct, request. '(cs. thc huiklin~ cncr~achn'~cnts 1't;~vc unkn(m, ingl.,, existed f{~r twenty-eight (28~ years before thc applicant purchased thc prt'~pcrtv, and in the process (,f ch~qing the applicanl discr~xcrcd thc cll(.'ro;tchrllerl[s. Will a literal interpretation of the provisions of this zoning code u.'ork unnecessary and undue hardship or create practical difficulties on the applicant. Yes. literal intcrprctati(m could result in thc removal and dcstructi{m of much nccdcd affordablchousing units inlmlnokalcc. Thccncrr)aching stmcturcshavccxistcd withtmt any prnhlcm fi~r twcnty-eigtnt (28) years, and should hc left imact by approval of this variance pctitit,n. 'frill 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 or welfare. Yes. oniv thc minimum setback rcductitms necessary t(~ make thc buildings conforming with current setback requirements have bccn requested. Provision and maintenance of NOV 1 0 1998 affordable housing promotes the public health, safety, and weifare as encouraged in ~hc Comprehensive Plan and Land Development Code. V~'ill granting the variance requesled confer on the petitioner an.,,' special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? 'Yes. but the special use of lhe property for affordable housing subsidized hv thc federal government, and the twenty-eight (28) year existence of the encroachments constitule special circumstances which provide a rational basis for the approval of the variances. Will granting the variance be in harmony with the intent and purpose of this l,and Development Code, and not be injurious to the neighhorhood, or olht'r~visc detrimental to the public welfare? Yes. Iht County Comprehensive Plan and Land Development Code encourage thc provision of affordable housing, and thc building encroachments have existed for tx~cntv- eight (28) years without injury or detriment to the neighborhood and public welfare. Denial x~{,uld be detrimental to thc public welfare. Are there natural conditions or physically induced conditions that ameliorate the }2oals and objectives of the regulation such as naiural preserves, lakes, golf course, etc. 'Yes. I')cl;~warc Street ~$ unpaved ad.latent t~, thc property except for thc drivcv,'av entrance tc, thc Imrnokalcc Apartments which was paved bv a prior owner. Will granting the variance be consistent with the Gross'th 5lanagement Plan? Yes. both thc Future l.and Use Element and the Housing Element encourage provision of affordable housing to meet the needs of Iow income workers, especially in the lmrnokalcc aFt2a, NOV 1 0 1998 t~conald I.. Glas. being first dui',' sworn, depose and sa.,,' Ihal I am lhe President of Barficld Bay Propcrtics.'Inc.. ral pa~ner of RSG Family Limited Pannership-Immokalce, the owner of thc 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 mher supplementaD, maiter anachcd to and made a pan of this application, are honest and tree to the best of my knowledge alld he!k'.f. I undcrsland ibis applkation must ~ completed and accurate bcfl2re a hearing can k~ advertised. I further ~rmh R. Bruce Anders~n, Esq. lo act as my representative in any matters regarding ~is Petition. State of Vlorida County of __~ · RSG FAMILY I.IMI'.r'ED PARTNERSHIP. IMMOKALEE. a Florida limhed parmership I%': ~ARFI[:LD P, Ay ~'qE$. INC.. a l=lorida x,, (:orr, oration, t~:'~ral ~Par m~ · -- Rhnald I.. 61a~~t -- The foregoing Affidavit :,.'as acknowledged before me this ~- da,.' of 9~---,~L- . 1998 by Ronald L. Glas. as '7 the President of Barfield Bav Properties. Inc.. general partner of RSG Family Limited Pannership-lmmokalee. O~o is personally knnwn to me or who has produced ~ Fr_ '~C,- '."ac · ??..,.,/.~ as identification. _3 v.,~ CAf Iix Seal l State of Florida County of Collier Signature/of Notary Public Print Name of Notary Public NOTARY PUBLIC Commission ~.' Mv Commissi(m expires: R, Bruce Anderson. Agent (Affix Seal) ,'"1";'; .... ELIZABETH M. DILLJNGHAM .-"T" )i.' whoThe foregoingis personallyAffidavitknownWaSto me.ackn°wledged before me this'~.~a.',,' o .~k~ , 1998 by R. Bruce Anderson. Signak6re of Notary PubLi~ /J G:~,USER. S BETSY.~p^I K,\NE \'.ARI.\NCE WPD Print Name of Notary Public NOTARY PUBLIC Commission # ~ ~ L/,.),_,,3 / ~ C~ My Commission expires: ,..~.~ . (4~ /9 9NOV 10 1998 ~ __/_Z .... 1 1. PETITION VAC 98-1)19 'FO DISCLAIM. RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN A 5.5' BY 45' PORTION OF RIGHT OF WAY ON DEt. AWARE AVENUE, LOCATED IN SECTION 4. TO\VNSHIP 47 SOU-I'H. RANGE 29 EAST, IMMOK.,\I,EE, FI,ORIDA OB____J..E.C_TIVE: To adopt a Rcsoluuon Io vacate the above-described pon'ion of Right of Way on Dc!aware Avcntm CONSIDER..XTIONS: Pctmon VAC 98-019 has been rcccp..cd by Pla.truing Scm'ices from Bruce Anderson. Esq.. as agent for thc pctmoncr. RSG Family lmnncd Partncrsh~p-lmmokalec, rcquestina thc vacation of a 5.5' by 45' portion of Right of \Va~, on Dchmarc A,,cnuc 'l'hc northern apartment building of thc lmmokalec Apartmcnts was constructed in 1970 and encroaches into thc Right o£ Wax thc amount that is rcqucstcd to be vacated. Thc public would bc benefited b5 ailmv]ng the much needed afford,~ble housing apartment building to remain without the concern of rcmot'al duc to thc encroachment Lcncrs of no objection have been rcccivcd from all pertinent agencics. Zoning is RMF-16 FISCAL I?IPACT_: Collier County has collected a $1.0(10 "Pctmon to Vacate" fcc &om thc petitioner, which will be deposited m Road and Brld~2c Fund s101-163610 This fcc covcrs advcrt sing. recording and other processing costs ~GROWTH MANAGEMENT IMPACT: None .RECOMMENDATION: That the Board of Count,,' Commissioners l. Adopt the Resolution for Petition YAC 98:019 for the vacalion of`the above-described portion of' Right of Way: 2. Authorize the execution ofthe Resolution by it's Chairman. and 3. Direct the Clerk to the Board lo record a certified copy of'the Resolution in the Public Records. PREPARED Rick Grigg. P.S.M Planning Scrwlccs Thomas E. Kuck. P.E.. Engmccring Rcvicv, Manager REVIEWED By:~~T_C p~______. APPROV'ED Bx,.': Plannin.,g.,54~'iccs Department Dire~or {,Tmcc~t A Cautcro'-~ AICI~.-Administrator-~-- Cornmunitv Development & Environmental Services DA TE :_Z.~___~._% -~Sr-xj ___ AGENDA ~TE~,~ NOV 1 0 1998 ATTAC[ tM F. NT A ~O_AD_RLG_BX_.5 -_O F - w A Y S Date R e c e i v e d: _T_~ _,-e_.,.~,__~.~.~,"f Petitioner: _R$O F,x,?2!5'_jAm.g.~_IZa_gncrship-_gmnQkal~;c Address:_.8~0 $, C~olIB:r_B_IsxL~A.pt, 1701 City 'State: ,"._La r~,~J_P_,_a_agl~ EL Petition Telephone: Zip Code Agent: R_.~.il~LC~ A_a0_grson. ',C~i!g_~.an Assg_lld_e.l:E_N ",'orn o_c. P.A Address: ~5)_l_L_,a__u_r__eJ__Qa_k_ Driyc. Sunup.3.®. Telephone;Lg:Lk'!~9'?-2~la City;State: ,NapL:~ FL Zip Code:_3_4_l_O~ .... lx~cation: Sccticm 4 Tm, vnship __ 47 Range ..... 'PL9_9 j.: Legal Description: Please refer to Exhibit "A" auachcd hereto and incorporated by reference herein for the portion of right-of-way to which thc petition applies. Thc =..¢.275 square feet portion of Delaware Strccl right-of-wav sought lo bc :'acaled includes a poni~m of lands conveyed by quit- Claim Deed to Collier County recorded at O.R. Book 58, Page 337. Official Records of Collier Count,.'. Florida. and a portion of land within a street and easement dedicated to the general public as "D Avenue" on thc subdivision plat of"Pinecrest" recorded in Plat Book 7. Page 108. Official records of Collier Cc, untv. Reason for Request: Recent discovery of affordable housing apartment buildings encroachment which dates from 1970. Please refer to Exhibit "2B" attached hereto and incorporated by reference herein for thc Statement of F'uhlic Benefit. Current Zoning: RMF-16 l)oes this affect density? I Hereby Auth(~rizc Agent Above t() Represent Mc for this Petition: X Yes N'o RSG FAMILY I.IMI'FED PARTNF. P, SIIIP-IMMOKAI-EF,. a Florida limited partnership Bit(, ~ BARFIELD B,~-'Q )R~OPE~IES. INC.. XXa Florida corpr&,,at'~ General Parmcr Please see wi'rich must accompany this petition, and deliver or mail to: "Policy and Procedure of Vacation and Annulment" for the list of supportive materials ,2, ' ', ~, ': ' Transportation Services Collier Count>' Government Complex Naples. FL 34112 Telephone: (941) 774-8494 IqOv' i 0 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM ADDRESSP.O. D~awer 6097 DATE 8/6 .19_9_8 CHECK NO _0~_8_485 DESCRIPTION INVOICE NO CUND I COSICENTE~ ! OBJBS PROJECT C~ I CF AMOUNT ~ lO1 163610 329100 '"" j 00000 i :x ]000.00 1000.00 NOV 1 O ]030 e¢ Terri He,er Ut:;A}~ NS;. BRoUGHTON: EHCLOBED APE COPIES OF TtIF. CURREIrF 1997 TAX NOTICES FOR Tile TWO pROPEP, T!ES REFERENCED ABOVE SHf)WII~G P,EAL ESTATE TAXES HAVE BEEt; PI, i D , FOP. IHFOP. MAT1Otl TIEGARDING SPECIAl, ASSESSMENTS PLEASE CONTACT THE · cc-c- r.' ' t)EPAETHEt:T R'r %il}l ADDRESS BELOW:. COLI, IER COUNTY EEVEt;UE SERVICES SPECIAl, ~SSESSMEHT DEFT 2802 }; ItORSESIIOE DP` t;APt,ES Fi, 34104 (941) 4G]-235R I~UP[ICAT[ 1997 COLLIER COUNTY NOTICE OF AD V~LOREm TAXES AND NON-AD VALOREM ASSESSMENTS DISCOUNT E,IRI',ILD j 42 IN NOV 3l IN DEC [ 27. IN JAN 17. IN FEB I 0% iN rI~R W~O! - ' milt '~ft ...... ~m'OUm'! ............ ~.Ul.~d, ..... 3-4 .............. .P~Im~t ~9~nOSTO . _ 68,796, 3.7265 256.37 5.8340 401.36 2 · 5900 178 · 18 2.1088 145.08 · 5620 38.67 2 · 0000 137 · 59 .0535 3.68 16.6746 1,160.93 5 17 COUnTHOUS[ ~0¥1~.[% · ~UIIDIM~ C-1 5' ~tt coo~ ~ 5 ~ LSCAOWCOO( 2; .......................... 2 KiNE TR ET AL, PAUL T D 651 ORCHID DR 19 N~DLES FL 34102-5012 __t~s~tors~._.i4 47 29 SW1/4 OF ~i~ ! PAID - 97/11/26 1,114.49 S[i/4, LESS RD R/W 8.82 AC OR i RE(lO 51611.09 ' 1334 PGS 948-954 OR lU92 PG i GUY L. C&RLTON - TAX'COLLECTOR 1384-1396 & 0R1876 PG 834 0000000126040009 0000116093 0000000000 00000 I~lvr ~'~f Str,~ rr,~ ?~ nl.r~ ?~rn~,,~, Tm,( THIS l~[J [0~ T~I COtt[CTO~ ~ OFtlCE U~E ONl~ _~QUNIJ.U E EH ,6~fl, H~ .... I 3.7265 5,660.99 5.8340 6,662 · 53 I 2. 3,934.51 5900i ,117. 2. 1088 3,203.52 · 5620 853.74 t 2.0000 3,038.23 ~ .0535 81.27 [ 16.8748 25,634.79 _~"toUc__._N 47 29 SE1/4 OF SWi/4 OF SE1/4, LESS R/W 8.82 IC OR 1111PG 533 ~ OR 1492 PG 1384- 1396 0000000126120000 0002563479 0000000000 00000 5' COU~TMOUS[ [0~[I · IUILDI#G 1' 5._"'tLc~L] ..... 5 ..... ] t,c~o, coo~ 2_205756. 2, KANE TR ET AL, PAUL OR<H D PAID - 97/11/14 24,609.40 RECe 1905.05 GUY L. CARLTON - TAX COLLECTOR yon IA~ COLttCl.n~4 S OffiCE USE ONLI' NOV 1 0 1998 U U 0 ~ · 0¢'4 O,4' / UJ i-pi ~Z 0 ~ ,"-* 0 0 000~ 0 O~ ~ e" AGENDAITI:: M °N0v 1 0 1~98 ¢:ILJG ~,'[j[.] i~:LI4 } F,' 'OLL IL:I,' CH;'F F'P. GF'LR'I" 41 ¥;4 L~,_'/I ~(J b~,'~k'}L.,k:) FCt~2.1 OC(TR] IDIOB12£ZOiIBBSI[1B?III1ZOi)Bgli I FOLIO 51RAP 4729B4 g91.#fl~2EB4 ORB/Pi i6931/[12231 SALE Ofl]E ! G]1~3921 ~ AX1 [ ACRES I .TN! TRS->I4?II2~IIBq] LEGAL-! -3 HHSI'D ~X ttiSY,-X CIU-X UET-X BLD-X WID-X ~t AG-X £BB12628BBBS) OWI~F..R> AYALfl, HECIUR:& NORIiR PO BOX 5273 Itl~KRLEF Fl 4 47 2~ S 228FT OF ~ 198FT OF ~/2 OF SE~t4 OF SEll4, LESS 38FT R/g ON ~S or 1693 PB CURREiII-EX-AHT $ [ R) MII_i.-CDD[ ~ ( el HILL-RATE $ [ ~] (16,B748l ¢ [ 8) $ I 81 SITE IIM [ 111LM] L-USE II'~ liNT ASA TAXABLE --PREL 1 MI ~qflY- - 1998 TAX ROLL 34143 5~73 ArEA IH CERI-9~-URL 199B-PRELlH 9895711 1~17441 1185851 ! 1133721 1%B585] ! ~3372! 1~B5851 ! ~13372] CNlY ~[ 412,1B1 XSTU 81 233.ZBi S-SL (1 GIS.151 ~ $1 62,151 S-LB $[ 286,421 1SO ~i ZZ1,171 CITY $[ ,iYl UAOP $1 5.9Z1 TAXES) TOTAL ¢1 1866.111 -CERIIFIED- 1Bfll RE~?7 08YOOlOg8 10.2g AM ~ 3 E '. D &,,~T E ~h~. ~'~41 ?'74 ~1 · - TOTAL :OLORAO0 _,ole ®1@ AVE :®[~: :G i fi9 ; ;'~I ?,t ~----, COLORADO SECTION 04 TOWNSHIP 47 RANGE 29 0RAWN BY. DaTE UPDATE- $Y, GATE 1/97 qS-o/q ~ rio 101~8 ~0 'd S~ ~lt~dl~ Edzlbit 'A' No ~ NOV 1 0 1998 I£~' d 2411 PG: 3114 I 5'I'ATE 0;' FI',OR! AG E ~;OA.J.7 E~ NOV 1 0 1998 AGE~DA ITEM NOV 1 0 1998 cj2'd EXHIBIT A TOWD~P,i~' ~'~ SOULI'., s,~nqC a Pc~i%~c~] 'L'~:,~ ~i~io~, ..:y if: C( fcc /; ~ : .~ . NOV 1 0 1998 EXI4IBIT "2B" Statement of Public Benefit The Immokalec Apartments are federal llousing and Urban Development ("HUD") Department Section 8 subsidized housing rental apartments that were c{mstructed in 1970 in accord with the submitted plans and specifications approved by Collier County Building Permit No. 70-164. For twenty-eight (28) years the encroac'tunent into the right-of-way of 5:275 square feet of the northern apartment building has existed without problems and without the knowledge of the current or prior owners of Immokalee Apartments or Collier Count)'. The maintenance of safe, sanitao' and decent housing is a goal of the }lousing Element of the Collier County Comprehensive Plan. Immokalee Apartments were one of the first government sponsored housing developments in Immokalee, anti the apartment complex continues to help meet the very real housing needs of low income workers employed in the Imray>kalco area. Vacation of thc 2:275 square feet portion of right-oftway where the building encroaches will, in conjunction with approval of a separate companion variance petition, benefit the public interest by allowing the twenty--eight (28) year old much needed affordable housing apartment building to remain in its existinp location without thc threat of destruction or removal because of the encroachment. G:~,USERS,,BETSY v~.p61 K..XNE EX}IIBT2B.WPD (,OLLIER COUNTf GOVERNMENT TRANSPORTATION DEt'AR'FYlENT June 3(>, t998 3301 E. TAM!A.",ll TRAIl. NAPLES, FI,. 34112 (941 ~ 774.849,1 F/,~X ~94! ! 774.537h CERTIFIED BLUE CIIiP COMM~'NiTY R. Brace Anderson. Esq. Young, van Asscnderp arid \"arnadoc, P.A. P.O. Box 7907 Naples, FI. ?.4101 Re: Vacation ora portion of Dclav.'arc Street. lmmokalec, FL Dcar Mr. ,Anderson: On June 24. 1998, you rcqucstcd, through Mr. Ed Ilschner, Public Works Administrator. a Letter of No Objection to the subject vacation. This office has reviewed your request and wc offer no objection to the proposed vacation. You ma,,,' continue to process your request through thc Community Development Division. Thc responsibility for vacation petitions has Ceen transferred to Mr. Rick Grigg, P.S.M., Engineering Review Section. If there are any questions or if vou seek additional infom:ation, please contact mc at 774- 8494. Ve~' truly' yours, / / cc: Ed llschncr, Public Works Administrator File: Immokalee Apts. (Delaware St. Vacation) NOV 1 0 1998 COLLIER COUNTY GOVEI:LN%'fENT COMMI.'NITY DEVEI,OPMENT AND ENVIR¢)NME:4TAI, SERVICES r)IvIStO:4 PLA~ING SERVICES June 29. 1998 2800 NORTH tlORSESIIOE DRIVE .",:APl,ES. FI, 2.i]O.i Mr. R. I3mcc Anderson Youn8. vanAsscndcrp. Varnadoc 801 Laurel ()ak Drive. Suite 300 Naples. Florida 34108 Re: Petition to Vacate a }"onion of Delaware Street Right-of-Way. lmmokalee. Florida Dear Bruce: This is in response to your wriuen request to this off'icc to review the petition to vacate a portion of the Delaware Street rig. hr-of-way and provide you a letter of no objection. We have reviewed thc request to vacate and have no objection subject to your receiving a letter of no objection from the Transportation Department. If you should have any questions or if we ma,,,' be ofadditional assistance, please advise. Sincerely, ' Thomas E. Kuck. P.E. Engineering Review M~ager TE K/md."DELA WA RE STREET cc: Edward Kant. Transportation Services Director Rick Grigg, P.L.S. Building Review & Permitting (941) 403-2400 Natural Resources Code Enforcement Housing & Urban Improvement (941) 403-2440 (9411 403-2330 Planning Ser'.uces Pollution Control 1, 732-25(~2 NOV 1 0 1998 COLLIER COb TY GOVEfhNM-ENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLAN.~iNG SERVICES June 29, 1998 2800 NOF, TH HORSESHOE DRIVE NAPLES, Fi. 3,i104 - Mr. R. Bruce Anderson Young. vanAsscnderp. Varnadoe 801 Laurel Oak l)rivc. Suite 300 Naples. Florida 34108 Re: Petition to Vacate a Portion of' Delaware Street Right-of-Way. lmmokalce. Florida Deal' Bruce: This is in response to )'our v, Titten request to this office to review the petition to vacate a portion o.f the Delaware Street right-of-way and provide you a leuer of no objection. We have reviewed the request to vacate and have no objection subject to ,','our receiving a letter of no objection £rom the Transportation Department. ,~u should have an.',,' questions or if we may be of additional assistance, please advise. R b n"a.} ddYr,2--Y~n o. AICP Current Planning Manager RFN/md,'DEI.A WARE STRFET CC' Dramas E. Kuck. P.E., Engineering Review Manager Edward Kant. Transportation Se~'ices Director P, ick ©rigg. P.L.S. Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Scm'ices Pollution Control (941) 732-2502 NOV 1 0 1998 MOKALEE TER & SEWER DISTRICT JUL ~ ~ ~99~ 1020 SANITATION ROAD iMMOKALEE, FI_ 34142 TELEPHONE (941) 658-3630 July 7, 1998 R. Bruce Anderson Young, Van Assenderp & Van-~doc. P.A. Sun Trust Bldg. g01 Laurel Oak Drive. F, uite 300 P.O. Box 7907 Naples, FL 3,1101-7907 Dear Mr. Anderson: The Immokalee Water & Sewer District finds "No Objection" to thc vacation of the portion of Delaware Street Right of Way. located in Township ,47 South, Range 29 East, Section 4. Collier County, Florida. Ibc Immokalee O ~artments, 601 Delaware Street, Immokalee. Florida. as referenced in .,,'our June 24, 1998, letler. ?lease call if you have an.,,' questions. {~re ly, David E. Lindsay Executive Director I:\WPWIN60\DAVEDOC\IMMAPART.LTR AGE NOV 1 0 1998 ~VID ,P H©~st£'n'£n° RO~ C. Young O~v,~ 8. ~r. John H. Bold[, Director Sturm~ atur Management Collier County Government Center Building H 3301 E. Tarniami Trail Naples, FE 34112 YOUNO, VAN ASSENDERP & VARNADOE, ATTORNEYS AT L_Aw Naples June 24. 1998 P.A. POSt Orrtc[ Box 1833 T~-*.SSZC, F~OmO~ 323G~-~833 Su~T~uS~ BU,LO,~G POST Orrmc[ BOx 790~ RE: Request for i.etter of No Objection to Petition to Vacate a Portion of Delaware Street Right-of-Way. located in Township ,:17 South. Range 29 East. Section 4, Collier County. Florida. the Immokalee Apartments. 601 Delaware Street. lmmokalec, Florida. Dear John Our finn represents the RSG Famil;' Limited Partnership-lmmokalee, the new owner of the Immokalee Apartments (the "Property") located in thc Southeast t,a of the Southwest ~,4 of the Southeast *,4 of Section 4, Township 47 South.' Range 29 F. ast, Collier County, Florida. In the process of selling the property, the long time prior owner discovered that a portion of the apartment building on the northern boundap,' of the Property encroaches +5.5 feet into the sixty foot (60') right-of- way for Delaware Street ~±275 square feet). To resolve this situation, the property owner is filing a petition requesting that Collier Count.,,' vacate that portion of Delaware Street right-of-way that the apartment building encroaches upon, as depicted and described in the attached Exhibit "A", consisting of two pages. Collier County requires the property owner to obtain a letter of no objection from you to be included with this right-of-way vacation petition. The +27.5 square feet portion of Delaware Street right-of-way sought to be vacated includes a portion of lands conveyed by quit-Claim Deed to Collier County recorded at O.R. Book 58, Page 337, Official Records or' Collier Cuunb'. Florida. and a portion of land within a street and easement dedicated to the general public as "D Avenue" on the subdivision, plat of "Pinecrest" recorded in Plat Book 7, Page 108, Official records of Collier Count.','. Should you have an)' questions, please do not hesitate to contact me. or my assistant, BeLsv Diltingham. I would appreciate receiving }'our no objection letter before Jul.',, 10, 1998. Thank you for .','our prompt attention to this matter. Sincerely, R. Bruce Anderson RBA/'bd Enclosures as stated LEE ?OU#TY£L££TAI££OOP£R TIY£ July 7, 1998 Mr. R. Bruce Anderson Young, Van Asscndcrp & Vamadoe, P.A. P. O. Box 7907 Naples, FL 34101-7907 Re: Petition to vacate a portion of Delaware Street Right-of-Way, Section 4, Township 47 South. Range 29 East. Collier County', Immokalee, Florida Dear Mr. Anderson,: Lee County' Electric Cooperative, Inc. does not object to vacation of that portion of Delaware Street right-of-,.vay described on the attached, co;~sisting of two pages. Please call me at 1-800-282-1643, extensior~ 422 ill can be of any further assistance. Sincerely', Karen Hardin Real Property' Representati'.'e Attachment NOV 1 0 1998 June26.199g ,~.lr, I'll Bruce Anderson Young. Van Assenderp & Vamadoe. g0l I.aure] C~ak Dr.. %::itc 3rff~ l'O. Box 790, Naples. Florida 34101-7907 RE: Petition to Vacate - A Porqion of Delay, arc Street Right-of-V','a? Section.~ '[ownship47S Range29[:L Collier County. Florida [)ear ,"d r. Anderson: Sprint-Florida. Inc. has no objection to .',cur petition 1o vacate the fOllO~ving easement: A portion of Delaware Streel Right-of-Way. Iocaled in Tov, lnship 4'7 South. Range 29 East. Section 4. Collier Count,.'. Florida. the Immokalee ,.\pan,neats. 601 Delaware Street. Immoktae¢. Florida. As described in .',our legal description and Exhibit "A" attached. I f~.ecanbeofanvfurtherassistance, please contact me at 941" ' '~ ' . -~60-6~9o. ccrel.x. [.els E...Michael Netv, ork Engineer I Attach. cc: Easement File NOV 1 0 1998 (')'/'1111 ! /)tilt' (' '011 ~Irlicl[tlll .~'II/k'ITJS(H' TIME WARNER CABLE 1998 Jul.,,' 28. 1998 Sent ~/ia b'acsimde: 597-1060 ./ R. Bruce Anderson. [",sq. Young, Van Assenderp & Varnadoe. P.A. 801 Laurel (,')ak Drive. Suite 300 Naples. Florida 34101 RE: Immokalee Apartments, 601 Delaware Street, lmmokalee, Florida. Letter of no objection Dear Mr. Anderson: Time Warner Cable (TWC). v,'ith franchise authority in Collier Count,'.'. and Florida Cablevision Management Corporation. its operating entity, has reviewed the legal description and plat you provided for the above-referenced property. This letter ',,.'ill serx'e as Time ",t,'arncr Cable's letter of no objection. Should you have any questions or require any additional information, please do hesilate to contact me. Sincerely. FOR TIM£ tt"ARNER CABLE Grant Pate Construction Supervisor GP:lr Cop.',' to: Jim ['arsons, Operations Manager Dave Wolfley. Commercial Development 1610- 40th Terruce. ,%'aples. f'lorida 34116 Tel 19,111 598.110.1 Fax t94h 455.2187 1418 .~E T~nth 5treet, C~,pe Coral. t]ori~ 33990 Tel 19.11f 574.2020 3't~a (941~ 574.2813 NOV 1 0 1998 Po .,2~, ,_liJ 1-09--98 14 : 0§ [:t~'l lsot~t.h ~416g:J?643 P.O2 supe ew.,. Youa& V~- ,~& Varr~, P.A box N~I~. Fl, ]4101-7~07 Var..ate Easement Consent RE: R~/uea;t f°r Jeta:r °f No ~ to V~ca. te ~ Potion of ~ Sttc~ ng~t.cff..wa, y. iocm~ ~ 7crwn.,~[p 47 Soul& Ra, o.g;t 29 EalL S,~ctio. n &. C~llJe..t Cotmty. Flond~ ~ ~ce .~l& 601 DeLaware So,:et lmmok.~ee. Flovid~ This letter t, er¢~ a,t Letr. e.r of Ne ~n to be inclode¢l tn thc Square feet) of 14c~h Eau:~k d.b,,. S~. m:xt~ir~d Amer~aa Tcleca~tini~ Inc. a.k& Walal TV ,n 1997 ~ith all risan amd Prr~ilel~ and ata~-i~y ~o cxerc~ ~ ~t 5500-2 Division Drive · Fort M~,'crL FI. ?,:~,9~).q · l'ei. (941) 693..%700 . Fa..x (941) Jbt-~- 1998 15:k~5 9416957645 AGENDA~TE~ NOV 1 0't998 Collier County Govt Complex BiOg - J 3301 Tarn~am~ Tra¢ East, Nap!es. FL 3,~112 Teleohorw¢ (,aC 9,: ~) June 26, 1998 J!JL 7- I998 Mr. R. Bruce Anderson Young, vanAssenderp & Varnadoe, P.A. P.O. Box 7907 Naples, F1 34101-7907 RE: -,..,,Ac. q~ - 0/9 better of No Ofdection to Vacate a Portion of Delaware Street Right-of- way, located in Township 47 South, Range 29 East, Section 4, Collier County, Florida. The Immokalee Apartments, 601 Delaware Street, Immokalee, FI. Dear Mr. Anderson: Staff has reviewed },our request for a letter of 'No Objection' for the above described project. The Sheriff's Office reviews these requests to determine if the granting of tile vacation will have any foreseeable negative effects on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these sero/ices, the Collier Count)' Sheriff's Office has UNo Objection' to the granting of )'our request. If the agency can be of any further service, please advise. ~'-..D o n~ H ~ r~ te r,'~h e ri ff C o"5~ttw--C,9.2~, FL DH:jab cc: File c: \W FrWin\let t er s\Anderson.lir t40V 1 0 !998 ~e. ..q,¢ __-- IMMOKALEE FIRE CONTROL DISTRICT ~02 E. NEW MARKET ROAD, ][fLMOKALEE, FIJORLDA 34142 June 26, 1998 R. Bruce Anderson Young, van Assenderp & Varnadoe, PA Post Office Box 7907 Naples, Florida 34101-7907 RE: Immol,:alee Apartments Dear Mr. Anderson: The Immokalee Fire Control District does not foresee a problem with the small portion of the Immokalee Apartment Building being on the county ride-of-way. The District has no objection to Petition to vacate a portion of Delaware Street right-of-way. We will, as in the past, respond to all emergency calls and inspect the building according to the NFPA guidelines. Should you need an.,,' further assistance in the matter, please feel free to contact me at (941 ) 657-2111. Sincerely, RaSr'Alvarez Fire Chief GENERAL (.)FFICE (941)657-2111 FIRE P Rt:.'.VENTI O N (941)657-2700 FAX (941) NOV 1 0 1998 ,7-9489 6 7 9 i0 12 14 15 16 17 I9 20 21 23 24 25 26 29 30 33 34 37 RESOLUTION NO. 98. RESOI.LTION FOR PETITION VAC 9~;-01~ TO DISCLAJM. RENOU'NCE AND VACATE TH'E PUBLIC'S i'NTER£$T IN A 5 Y BY 4Y PORTIO',; OF RIG)iT OF WAY ON DELAWARE AVENUE. LOCATED IN SECTION 4, FOWNSHIP 47 $OLT}I. RANGE 29 EAST. IMMOKALEE. FLORIDA WHEKEAS. pursuant m Sc.-mon 336 09 and 3.*',6 10, Florida Stalulcs. Bruce Anderson. Esq, for the ~'tltmncr. RSG Fa.md,. L~m~t.ed Parmcrsh~p-lmmokal~, docs hercb? r~qucs'1 thc vac,a.~on of a 5.5' b? z,~' ~-amon of Raght of ~'ay on Dcla~are Avenue, located m Sccuon 4, Towrkship 47 South. Ra.,'~c 29 lmmokalec. Florida. and WHEREAS. thc Board has th~s da,~ held a pubhc hearing to consider vacatm~ ~)d road Pdght of Wa', as more full) dcscrlb~ beirut, and nouce of smd pubhc hcanng to '.-aca~t was g~'.'cn as reqmred b> lax,.,; ~md \~.~"fEREAS. thc grarmn~ of the '~acauon will not advers¢l) affcc~ the ownership or right of conxcruc-nl access of other propcrt? owners NOV','. THEREFORE. BE IT RESOLVED BY THE BOARD OF COL'NTT COMMISSIONERS OF COLLIER COUNTY. FLORID.\. that thc foiiowm~ Road R~gN of 9,'a? ~s hcr~'b,, ,.'acat.~ Sec E×Nb:: "A" anachcd hereto a.,~.d incorporated hereto BE IT FUR'FHER RESOI.VED. that thc Cl:rk to the Board ~s hcrcb~ d~rcc~t to azlvcmsc thc adoption of t,h~s Rcsn',uuon once m a paper of general arculatmn in the £'ount'~ vqthm 30 days followm~ ~ts ~opuon BE I'T FURT}{ER RESOL\'ED, that thc Clerk to iF,;. Board ~s herebx d~rcctcd to record a cemfied cop} of th~s Rzsolunon. thc proof of pubhc~.uon of the nouce of pubhc heanng a~d thc proof of pubhcauon of the nouc¢ of adopt,on of th~s Resolution tn the Pubhc Records of Colhcr Count.',. Ftonda Th~s Re~ohmon adopted after mouon, second and majont? vote fa',onn~ same DATED Ai-FEST DWIG,WI- E BROCK. Clerk Approved ~s to form and I~gal Hc~d~ FAshton BOARD OF COb.%-F'f COMMISSIONERS COLLIER COUNTY. FLORIDA BARBARA B BERRY. Chmn'nzn -- NOV 1 0 ]998 EX ECI, rI'I VE SUM.MARY PETITION A\' 97-031 '[O DISCI.AIM. RENOI.:N'CE AND VACA'FE 1'HE COIjNT'f'S AND Tile PI/[31.1C'S IN'I ERESI' IN' A 60' WIDF. ROAD RICitH' OF WAY SttO\VN .,\S "PELTON AVENI.:E'' ON Tile PLAT OF "BURl)Al. IT' AS RI'X;ORI}FI) IN Iq.AT B{)OK .1. P,,X(itt 2. PUBI.I(' Rt(CORDS OF COLLIER COUNTY. FLORIDA AND BEING LOCATI.;I) IN SEC'TION 11. TOWNSHIP 50 SOU'FH. RANGE 25 EAST OBJECTIVE: To adopt a Resolution to vacate thc abovo-dcscribcd road right of way. CONSIDERATIONS: Petition AV 97-031 has bccn rcccn, cd b~ thc Transportation I)cpartmcnt from (Jar,.' Butler. P.E., as agent for thc petmoncr. Jose l.omcli, requesting thc vacation of thc above-described 60' wid~ Road Right of Wav platted as "Pclton Avenue" Thc road has nc~cr bccn built and thc platted right of way is a vacant parcel. 'D~c public would benefit from this vacation b5 not having to maintain this unimproved parcel of land. 'D~c lot owners on thc cast and ~cst sides of "Pclton Axcnuc" have prepared documents granting a Utility Easement over a portion of thc proposed parcel to bc vacated so thai thc ul~hlv providers can access an~t maintain their fhc~litms Thc (.'oll~cr Counts Transl,ortat~on l)cl, artmcnt has rc~c~vcd thc Petition and has no ob.i¢ction. Letters o£ no objection ha,.c bccn rccc~tcd from all pertinent agencies Zoning ~s RMF-6 FISCAl, IMPACT: Colhcr Cotmtx has collected a $1.01)0 "Pompon to \"acatc" fcc front thc petitioner, which will be dcpositcd m Road and Bridge f:und (I01-t6361r}) This t~'c covers advertising, recording and other processing costs GROVCTH MANAGEMENTIMP.,\CT: None RECOM MEN DATION: That thc Board of County ('omm~ss~oncrs 1. Adopt the Resolution for Petition Ax.,' 9%031 for the vacation oFthe above-described road right wayi and 2 Authorize the execution oFthe Resolution bv it's Chairman: and 3 Direct the Clerk to the Board to record thc replacement casemenl documents and Io record a cenilied copy ol'the P, esolution in tiao Public Records and lo make proper nntation of this vacation on thc recorded plat as referenced above PRF. PARI!D REVIEWED [15' Rink Grigg. PS,M Enginccnng P, cvicw Sen'ices Thomas E. Kuck. P E. Engineering Review .Manager REVIEWED BY APPROVED BY Robert Mulhcrc. AICP Planning ficrviccs Department Director I//'X/¢ ,' ~ -' ' \'m ccJZnt~.~.' ~ ~ Adm,nistra,or Community Development & Environmental Services D A TI£: . "" NOV I 0 1998 P ET i T I ON TO V_A~C A__~T_E_,_ AB ANDO)~,_._D. JSC__Q~_;_T_I]]t._I_~. ~__O_R__C_..L O___S_E Public Street A11 eyway Subdivision Plat Dedicated Easement ____ Utility __._ Drain'age Date Received: Petitioner:* Address: City/St Agent: '~ Address: '... , City/State- ,, .., . _ Address of Subject Property: ~./ ~ / ~ty/State- Location: Section Legal Description- Maintenance Other (ex~l ain) Flat 8ook: Petition No: ~'~- '~,' Telephone: ..~. Zip Code: : TelephOne:_ . Zip Code Township Range Page(s)' Reason for R_quesn t' .~.~'_. L.u..~' Current Zoning'~ -~ : _ [Joes th~~. aftect density? _]tL..~_~__~=__.'~ ! Hereby Authorize Agent Above to Represent He for this Petition: Yes S e of Petitioner Date Please see "Policy and Procedures of Vacation and Annulment" for the list of supportive materials which must accompany this'petition, and deliver or mail to: *(1) (2) (3) (4) (S) Transportation Services Division Collier County Government Complex Bldg. "D" Naples, FL 33962 Telephone: (813) 774-8260 If applicant is a land trust, so indicate and name beneficiaries. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. RDM:OI0792']51 Nov l 0 1998 ,Mad~ u%i~ 26th ~y of June A D ~9 95 IVY' V. ADA~(S A/K/A I~ AOX, ~ ~~I~ ~W, 'r~ S~VIV~G S~UB~ OF JO~ ~. ~, A/K/A JO~ ~X ~, DEC~D JOSE ~I ~ ~,~ LO~LI. ~SB~ ~ WIFE wbc~ pou 0(fic~ ~ ,s: 2596 LiI~WOOD AV~ N~k~LES, ~OR~A 33962 Or~tems' T~ Id ~ :566-51-8542 589-7~-35%7 ~h, ~ ~ S~or, for ~ m ~]~ of~ ,~ of S 10.00 This Warranty Deed I 'Z' "/ ? '~/'- O_~ / ~ 195~0~4 Oa: 2080 ~: 040~ ~{ LK~T 1, BL, O(IZ 3, BU~DALE, ACCORDINO TO ~ PLAT ~F, AB RI~CO~D~I~ IN PLAT BOOK 4 AT PACIE 2, OF T~ PU13LIC RECOP. D8 OF COLLIER CO~0 FLORIDA. PARCiLL I.D. # 25081200008 SU3OICT TO eemaments, restrictions, and reaer vations of record. TO'~k'tI~,,,.dLh ~.ll thc z~u'~c'rocr~u, hc'r~d*tLu',c:nl, Ln,d a(:~un,~..~c_~ h~c'-rcm ~lon.~,ng ar mn ~q~z~ ~. To.ye ~d ~ H~d, ~c ~ m rc~ ,m~c f~ ~ IIUc 10 ~d ~ ~ will ~(~ ~ ~ ~ ~ I~ C~ Of ~l ~ whom~ct: ~ ~ ~ ~ ~ ~ O(~1~~ cxc~( t~ ~i~ m~{ ~o ~ 31. 19 94 In WII~ ~f. ~ u~ grater N~ s~8~ a~ ~i~ U~ p~ta thc ~v ~ y~ tim ~ · ~'gt~d. sealed ~ d~hvered in our presence- .55 ,,,j t.. j. , ,~ ,' ADAMg .... 16 Chandler ~: -- Tozah~. who ,) pc."u, cx~ly known m rr, r c,r who ~ produo:,:l ;,! PRKPARJ{~ BY: Sylvia Dillon R~CORD & RrI'Ull. N TO: Collier title Insurance 2335 N. Tau~iaJ:l Trail, Suite 310 i!iMaPle~, Flor/da 33940 i Film No: CTI-1192-95 Kare~ A Arnot: tlr j 11 1998 COLLIER CO[JN'It" GOVERNMENT i'! 'BI.l('. \'4'(>RKS Dcccmbcr 8. 1997 Ms, Debbie Bcccrofl Butler Engineenng, Inc. '~'~'~3 Trade Center Way Naples. FL 34109 Re: %'acation of thc ,'qixtv feet t0()'l righl al'way (ROW) adiaccnl Io thc cast of I,ol . Blk 3. Bumdale Subdivision {Lorncli Prolcctl Dear Ms. Beecrot't: This office has reviewed ,,'our request to vacate thc above-referenced sixtv l'cct {t~(.}') right of The ('oilier ('ountv Water-Sewer District has no facilities w/thin the area and v,'e. thcrclk)re, have no objection to thc vacation of thc 60' right of way. Should you have any further questions, please feel free to contact me. Sinccrelv. ('ind',' M. ISrb Public Works .Senior Engineering Technician RECEIVED DEC 1 I 1997 Butler Enginooring, Inc( CC~ t-~dward N. Finn. Public Works ()pcrali{~ns I3irector 'Tim ('lemons. Wastewatcr Director Russ Muller. Transportation Scrx'~ccs NOV I 0 1998 BUTLER engineering, inc. November 24, 1997 Mr. John H. Boldt, P.E., P.S.M., Director Collier County Stormwater Management 3301 Tamiami Trail East, Building Naples, FI. 34112 Butler EngineerIng, Inc. Re: LOMELI PROJECT Lot 1, Blk 3, Burndale Subdivision Dear Mr. Boldt ,-,4--- / Attached please find description of~asement to be vacated. ']"he proposed easement is a dead end unpaved~,R.O.W, that was stubbed out for future extension and never utilized. This information should allow your office to generate the required "Letter of No Objection" for the easement vacations. Please review the attached materials and sign the bottom of this letter if this meets your satisfaction. Ifyou have any questions, or need any further information, please do not hesitate to call. Sincerely, BUTLER ENGINEERING, INC. Debbie Beecroft I have no objection to the subject vacation(s) as described above. John F~. Boldt Stormwater Management Director HOV 1 0 1998 2223 TRADE CENTER WAY - NAPLES, FLORIDA 34109 - 941-566-3636 / FAX 941-566-1327 C )LI,I R COL. December 5. 1997 Ms. Debbic Beecrofl Butler Engineering, Inc. 2.223 Trade Center Wa',' Naples. FI.. 34109 [tiE' 'v'acation ol"tmimpro',cd right-ol'-~',a.', bct,,~ccn l.~,t I. I?,{(,ck '; I~urdalc ai~d l.ot 15. t'~lock 2 Burdalc Dear Xls. [~eccroF~: We have re', ic,.vcd thc proposed v~.lci~tiol] t~l' thc unimproved right-ol'-,.va>' rcI;crcnccd above. Since there are no drainage l'acilitics v, ithin thc riuht-oI'-~,.av, this ol'iScc has "no objection" to thc proposed vacatio~. Ill can bc of anv further assistance to ,,ou in this regard, please let mc kno,.v. %inccrcl.v. John [>,. [touldsxvort ~ Senior Engineer cc: [.tick (Srigg. '[ ransportatic, n [lul{(Ji~k' i'(.',',':~.w 4',: } 'l;lll r'~l r: ~_: -'~,) W0V i 0 1998 DEC-SI --97 WED ¢J1:24 Collier Count'/ Govt. Complex 3301 Tam,am, Trail East, b,/ap!es, FL Teiephor-,e (AC 941) 774-4,~34 .. 'r, TION SVC$. 9'7, F!'7C 31 PH I: 53 Ms. Debbie Bee. croft Butler Engineering, Inc. 2223 Trade Center Way Naples, Florida 34109 December 24, 1997 RECEIVED DEC 3 1 1991 Butl~r Eng~eerln.g, inc. Re: Waterline l~-;ascment Vacation Northeast corner of Lot 1. Block 3. Burdalc. P.B. 4. Pg' 2 Dear Ms. Bcecroft: StaiThas reviewed your request for a letter c~f"No Ob ection" for the above described project. The ot November__. 1997. is on a dead end unpaved easement to be vacated, ~ described in ','our letter ' ' "' < right-of-way, off I,inwood Street. that was stubbed out for t'uturc extension and never utilized. Thc Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effects on our ability' to provide la,,,,' enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long ms ibc vacation, either now or in the future, does not impinge on our ability to deliver these: services, the Collier County Sheriffs Office has '~o Objection" to the granting of your request. If the agency can be of any further service, please advise. Sincerely. Don t lunter, Sheriff Collier C~hunt!,'. Florida Dtl:mc FiJc:'a, at~r~ir~ :l)urdat¢ ~,G E ',t~A. Il E 'M j r,,o /~' ~'- NOV I 0 1998 I::PL 12/09/97 Florida Power & L~§h! Compan'f.4105 'iSlh Avenue $ W. Naples. FL 3399~ Butler Englneering. Inc 2223 Trade Center Way Naples. Florida, 34109 Arm Ms Debbie Beecroft Re Letter of No Objecuon for Vacauon of Easement Lot I, BIk 3, Burndale Subd~v~smn Dear Ms Beecrofl. Upon rece~,.~ng .,,'our letter of Il 25 97. Florida Power and made a held inspect~on ot' the site. Florida Power & Light has overhead power line faciliues that run east & west on the south property I~ne of lot I. tile Pelton ,.\venue ROW and continues on to the east Florida Pov.'er & L~ght does not object to the vacation of the majority of the easement, however the south I0 feet of the ex,sung uul~t~,' easement musl be ma~ntatned through the area If there are any' questions, please call me at 353-6007 RECEIVED DEC 1 2 191t7 Butler Engin~._,-~ring, lnc, f'lOV i 0 1998 an FPL Group company MediaOne" Thi~ i~ Broadband. This is the way. 301 Tower Road Naples, FI. 34113 Telephone: 941-732-3801 FAX: 941-992-1289 December 3, 1 997 [~£0 0 5 1997 Butle. r Engineering, Inc. Debbie Beecroft Butler Engineering, Inc. 2223 Trade Center Wa,/ Naples, FL 34109 Re: Lometi Project Lot 1, Block 3, Burndale Subdivision Collier Count,l, Florida Dear Ms. Beecroft: MediaOne:" has existing facilities along the southern boundary of Lot 15, Block 2, Burndale Subdivision and along the southern boundary of Lot 1, Block 3, Burndale Subdivision. These facilities cross the alley easement that is requested to be vacated. IVlediaOne-'~ has no objection to the vacation of the alley easement provided an adequate public utility easement is maintained in such a way that there is easement continuity between the southern portion of Lot 15, Block 2, Burndale and the southern portion of Lot 1, Block 3, Burndale Subdivision. Please call me if you should have any questions. Sincerely, Construction Manager SWH/jdr NOV 1 0 1998 DEC-£'Y.- ~? T'/E 05 ~ I PM P. ~1 Sprl t 97 nEL~ 2~ ~: 26 Post-BP Fax Note 7671 P.E: Lomeit Doj¢c: l.ot I, Dlock 3, i3umdal¢ ~:ar bls .:',eccroR [:~ response to )rOll: rtquesl fur a Ichor of no ob.ice,ion for Ihe prop,'.;sed ',,-'cauon c.,f ,..,t:cr csst'rl:¢nt alor~g Lmwood 5rreeL b~rlnt ha., !c,:nd thc folio',,', mg ,~, ~;c~d ,.;s,s: ~'as made to respect ~,,~> facildic,, that may be. aflictcd proposed ;nc,tion of the ~,,:er eas, ement. Florida Power & i.ight ha~ aa e×lstmg pole li~c a]ong tee ~ear of thc concerned lots and Sprint ,s attached to thcnt Sprinbflonda,/nc. dc. cs not object to the proposed vacation of casemem t,t long as S~lnt-Florlda re. bls Icccssibility to ~rfurr. an~ m~m~ennnce er ~p ~]~dmg ot !Sb'qcerg ly, ¢ Net'~ork E~gmecr I. C(" Chron F Apl P9 Fm UT UL 8~ FCIC21 OCITRI ID12588828888311838338128881I FOLIO STRAP 84?688 1 ORB/PI 1387 I/I 2819 SALE DATE [ 8]i1187 $ AMT [ 78888 ACRES [ ,31 TRS->158][ 25 I[ 11 LEGAL-1 -2 -3 -4 I258882880831 OWNER> TONEY, RONALD S:& ROSEflNN H 185All 2715 LINDOOD AUE NAPLES FL BURDALE BLK 1 LOTS 18 $ 11 OR 1387 PG 2819 CURRENT-EX-AHT HHSTD-X S [ 25888 188X-X S [ 8 CIU-X S [ 8 UET-X S I 8 BLD-X $ I 8 UlD-X S I fl AG-X $ I 8 WII-X S I 8 12/12/1997 02 01 PM HILL-CODE [ 112] HILL-RATE [15,3868i -1997-- -1997 TAX ROLL- 34112 4733 AREA CW CERT-~G-UAL CERT-97-UAL 168881 i 2168~ 788681 [ 8885~ 948681 ! 182457l 94868] I 97786] 69868] I 72786] [ 011LND Sl L-USE IMP SI HKT $[ ASDfAGADJ SI TAXABLE SI 278.941 HSTU Sl 68,28] 424.17] WHB SI 48,86] 188,311 ISD $[ 122.38] .881UROP $[ 3,89] (1997 TAXES) TOTAL $[ -CERTIFIED- AUE 2715] CNTY SI S-SL $[ S-LB $[ CITY Sl LOCATION INA LINWOOD 1118,G7] ~j RES477 t,o lTL-'"' NOV I 0 1998 I I Rpl Pg Fm UT UL FCIJ~21 OCINR} IDi25888328882]18383381288811 FOLIO STRAP 84?688 1 ORB/Pi 13881/i 2611 SALE DATE !181i18881 $ AHT I 550881 ACRES I .1S 1 TRS->I SB )[ 251111) LEGAL-1 -2 -3 -4 1258083288821 OWNER> ,JONES JR, HAROLD FI 125811 269S lINk/ODD AUE NAPt. ES BURDRLE BLK I LOT 12 OR 1388 PG 261 CURRENT-EX-AHT HHSTD--X $ [ 25088l 188X-X $ [ CIU-X $ I UET-X $ I 8 ] BLD-X $ I 8 ] WID-X $ I 0 l AG-X $ I 81 ~H-X S I BI -1997 lAX ROLL- HILL-CODE [ 1121 HILL-RATE [15,38681 -1997- FL 34112 4787 AREA CW CERT-gG--UAL CERT-9?-UAL [ 81] LND $I 84881 [ 188881 L--USE IMP $l 388171 [ '318781 HKT ${ 392171 I 426781 ASD+fiGADJ $[ 392171 I 48394] TAXABLE $1 142171 I 15394I CNTY $1 57,371 HSIU $I 14,44] S-SL $1 89,81] WHB $[ 8,651 S-LB $1 39.871 lSD $1 25.89} CITY $1 .88] UADP $[ .82] (1997 TAXES) TOTAL. $l -CERTIFIED- RUE 26951 LOCATION INA LINWOOD 236.851 RES477 12112/1997 02:01 PM I Rpl Pg Fm UT UL 8__ FCIC2] OCINR] 1Di2588836881;141[8383381288811 FOLIO STRAP 847688 1 ORO/P[ 12951/[13141 SALE DATE i 81[89071 $ AliT [ 458881 ACRES I .15 ~ IRS->[ 581125 ][ 111 LEGAL-1 -2 -3 -4 [2588836888410UNER> SPINK, NORttAN E:& ESTHER J 135All 2772 GULFVIEW DR NAPLES BURDALE BLK I LOT 13 OR !295 PO 1314 CURRENT-EX-RHT HHSTD-X $ I 8 108X-X $ [ 8 CIU-X $ I 8 UET-X $ I 0 BLD-X $ I 8 WID-X $ { 0 AG-X $ I 0 Wli-X $ i 8 12/12/19970202 PM -1997 TAX ROLL- HILL-CODE [ 1121 HILL-RATE [15,3868] FL 34112 5839 AREA CW CERT-gG-UAL CERI-97-UAL I 81] LND $1 84881 [ 18888~ L-USE IHP SI 284641 I 29421 liKT SI 368641 [ !48221] ASD+AGADJ SI 368641 [ 482211 TAXABLE SI 368641 [ 48221] CNTY SI 149.89l HSTD SI 37,721 S-SL SI 234.651 WHB $[ :.22,68l S-LB SI 184,17l ISD SI :67,651 CITY SI ,881 UADP SI 2,15] (1997 TAXES) TOTAL -CERTIFIED- AUE 26?91 LOCATION INA LINWOOD 618.831 RES477 ~GL NC)A JT E M_. NOV ~ 0 1998 Apl Po Fm UT UL FCIC21 OCINRI IDI250804088031IB30338120001I FOLIO STRAP 04760B 1 145All ORB/Pi 1128]/[ 342l SALE DATE [ B118585] $ AMT I 01 ACRES I ,34 I TRS->15011251{111 LEGAL-1 -3 -4 125888488883] OWNER> FRANKLIN, LELA 2647 LINWOOD AUE NAPLES Fl. BURDALE BLK 1 LOTS 14 + 15 OR 711 PG 763 & 1128 PG 342 CIJRRENT-EX-AHI tlMSTD-X $ I 25888 188X-X $1 0 CIU-X SI 0 UET-X SI 8 BLD-X '~ I 8 WIll-X $ I 5AA AG-X $ [ 0 Wtl- X ~, [ 0 -1997 TAX ROLL- MILL-CODE I 1121 MILL-RATE [15,3868] -1997- I 811LNO $1 L.-IJSE IMP $1 MKT $[ ASOtAGAOJ $[ TAXABLE $1 184801[ 33215] [ 516951 I 5169511 261951 I CNTY $1 S-St. $[ S-LB ~[ CITY ~[ 34112 4787 AREA CW CERT-gG-UAL CERT-gT-UAL 237681 347851 585451 532461 27746 1 183,391 MSTU 5[ 26,821 161,871 WMB SI 15.59] 71,861 ISD $1 46.671 ,flBI UADP ~l 1.481 LOCATION INA LINWOOD (1997 TAXES) TOTAL -CERTIFIES- flUE 26471 426.88] RES477 12/1211997 02:02 PM NOV Z 0 1998 Rpl Pa Fm UT UL FCIC21 OCINRI 1D12588844800511038330128001I FOLIO STRAP 847688 1 ORB/PI 19621/I 94 I SALE DATE [ 27 Il 8694 I $ AHT [ 685081 ACRES [ .191 TRS->i 58112511111 LEGAL-1 -2 -3 -4 1250804480051 OI, iNER> GREEN, DOIJGLAS d:& SHARON L 165All 2631 LINWOOD AUE NAPLES FL BURDALE BLK 1 LOT 16 OR 1962 PG 94 CURRENT-EX-AHT tlHSTD-X $ I 25888 188X-X S [ 8 CIU-X S I 8 UET-X S I 8 DLD-X $ I 8 WID-X $ I 8 flG-X S I 8 WH-X S I 0 ttlLL-CODE 1121 HILL--RATE 115,38681 -1997- -199'? TflX ROLL-- 34112 4?8? A.~EA CW CERT-96-UAL CERT~9?-UAL I 8111_ND SI 18888l I l 12968~ L-USE IMP SI 38596] I ~, 32006~ HKT SI 486761 { ! 449661 ASD~AGADJ SI 406761 I 41896] TAXABLE Sl 156761 I ! 168961 CNTY S-SI_ S-LB Si 43,76] lSD CITY LOCATION INA LINWOOD (1997 TAXES) TOTAL SI -CERTIFIED- AVE 26311 15,851 9,581 28,42] .981 259,96 ] RIS4?? 12/12/1997 0202 PM NOV 1 0 1998 I I Rpl Pg Fm UT UL 8 : FCIC21 OC[NRI 1012508048808911038330128881[ FOLIO STRAP 847688 1 175All ORB/PI 2895]/[21961 SALE DATE i 1118995] ~ AHT I 0 l ACRES I ,19 ] TRS->[58 ]1 251[11I LEGAL-1 -2 -3 -4 125888488887] OWNER> RODE, JAHES A RODE, ERIC JACKSON 2?25 DAUIS BLD BURDALE BLK 1 LOT 17 NAPLES CURRENT-EX-AliT HHSTO-X S I 8 188X--X Sl 8 CIU-X $ I 8 UET-X $ I 8 BLD-X $ I 8 WI D-X S I 8 AG-X S I 8 WH-X S I 8 FL HILL-CODE I 112] MILL-RATE I15.3868) -1997- I 881 LND SI L-USE IMP SI HKT SI ASD~-AGADJ Si TAXABLE Sl CNIV S-SL S I S-LB SI CITY -1999 TAX ROLL- LOCATION INA LINWOOD 18888] [ 351871 I 45267] [ 45267] i 19967] I 34184 4334 AREA CW CERI-gG-UAL CERT-97-UAL 129G8] ~ 36410! :~ 49378] i 47723] 22223] 82.81] MSTU SI 28.84] 129.G5l WHB Si 12.49l 57,5G] ISD S1 37,381 ,801UABP SI 1.19] (1997 TAXES) TOTAL SI -CERTIFIED- AUE 25951 341.92} RES477 12/!2I~g97 02 02 PM I Apl Pa F,~ UT UL FCIC2] OCINR1 I0[258885288861103833812888]i FOLIO STRAP 847688 1 185All ORB/P[ 2895]/I21981 SALE DATE I 11189951 $ AHT I 8 ] ACRES I .17 1 TRS->i501[251[11] t. EGflL-1 -3 -4 [258885288861 OWNER> ROWE, JAHES A ROWE, ERIC JACRSON 2725 DAUIS BLUD BURDALE BLK 1 LOT lB NAPLES CIJRRENT-EX--AtlT HMSTD-X $ I 1BBX-X $ i CIU--X $ [ Bi UET-X $ { 8] BL.D-X $ l WID-X ~ I BI AG-X $ I BI WH--X S I FL HII.L-CODE i 112 l HILL-RATE 115,38681 -1997- -!997 TAX ROLL- 34184 4334 AREA CW CERT-9G-UAL CERT-97-UAL 9248 1 i Bi I 9248 i I 92481 I 92481 I 881 I.ND SI L--USE IMP Sl MAT SI ASD~AGADd $1 TAXABLE $1 44,27] HSTU $1 69,31] gAB $1 30,77] lSD $1 ,08] UADP $1 (1997 TAXES) TOTAL SI -CERTIFIED- RUE 2595] CNTY SI S-SL SI S-I.B SI CITY SI LOCATION INA LINUOOD 11888] 11888] 118881 11.151 6.671 19.9Bl .64] 182.791 RES47? 12/121199702 02 PM r.4ov 'L 0 1998 Rp.L Po Fm UT UL 8~ FCIC21 OCINR! 101258885688881[83833812888i1 FOLIO [258805688881 STRAP 84?688 1 ORB/P[ 1463]/I 354] SALE DATE [17][8889] $ AHT [ 55888] ACRES TRS->i581125][]~1 LEGAL-1 BUROALE BLK 1 -2 PG 35,1 -3 -4 CURRENT -EX-AH] HHSTB-X $ I 25080] s! 188,.--X ~ [ 8 l CIU-X $ [ UET-X $ I B ] BI_D-X $ [ B ] WIO-X ?,1 ~G-.X ~ I 8 ] WH-X ~ I OWNER> BRANOT, DARWIN F:& DORIS R 195All 2563 LINWOOO AUE -1997 TAX ROLL- NAP L E S LOT 19 OR 1463 H[L.L-COIJE 112 l HILL-RATE I15.38681 LOCATION INA FL 34112 4794 CERT-9G-IJAL I 0!1LNO $[ 9248 L-USE IMP ${ 31446 HKT $I 48686 ASD+AGADJ $l 40686 TAXABLE $i 15686 AREA CW CERT-97-UAL 11888]' 32512] 44392] 41987] 169871 CNTY 51 63.881 HSTU S-SI. SI 98,641 UHB $[ S--i.BSI 43,791 ISA CITY SI .001 UADP 12/12t1997 02 03 PM (1997 TAXES) TOTAL SI -CERTIFIED- LINWOOO AUE 25631 15,85i 9,58] 28.44] 268,121 RES47? I 1998 Roi FCIC2] OC[NR] 1Di258818888841183833812888]! FOLIO STRAP 84?688 2 115All ORB/Pi 1562]/[1683] SALE DATE [ 21[18981 $ AHT [ 51888] ACRES [ .231 TRS->1581[251[111 LEGAL-1 -2 -3 -4 125881888884] OWNER> CUNNINGHRH JR, REGIS PO BOX 9656 NAPLES FL BURDRLE BLR 2 LOTS 11 + W 1/2 OF LOT 18 OR 1562 PG 1683 CURREN1-EX-AHT ttHSTD-X $ [ 8 188X-X Si 8 CIU-X $ I 8 UET-X S [ 8 BLD-X `g I B 141D-X `g I B dG-X $ [ 8 Wtt-X 5 [ 8 -1997 TAX ROLL- HILL-CODE I 112 ] HILL-RATE [15,3868] 34181 9656 AREA CW CERT-gG-UAL CERI-9?-UAL 126881 [ 16280ijjJjJt 237431 [ 2489L;'~IJJ~ 363431 ! 410921 363431 I 418921 363431 I 418921 I 811LND $1 L-USE IMP $l HKI $I flSO+AGRgJ $[ TAXABLE $f 153.131HSTU $[ 38,541 239.731 WttB $[ 23109} 186.431 lSD $[ 69;I21 .08] UADP $1 2.281 CNIY ,gl S-SL $l S-LB $[ CITY $[ LOCATIIIN INA LINWOOO (1997 TAXES) TOTAL -CERTIFIED- RUE 27161 632 :. 24 ) RES477 12/12/1997 0204 PM NOV I 0 1998 Rpl Pa Fm UT UL FCIL~2] OCINRI ID125881848806]!83833612880]! FOLIO [258818488861 OWNER> STRAP 84?668 2 125All ORB/PI 1665]/[1916 I SALE OFITE I 8][8284] $ AHT I 468881 ACRES I .15 l TRS->I581i 25li 11 ] LEGAL-t BURDAI. E BLK 2 LOT -2 Pti 1916 -3 -4 CURREhiT-EX-AH[ tlPISTD-X $ I 25888 188;<-X $1 0 ClIJ--X $ I 8 UET-X $ i B BLD-X Si 8 WID-X .$ [ 0 AG-X $ ~ 8 WH-X $ l B KOttI_HflGEN, JAY W:& JOflltNE 2696 LINWOOD flUE -1997 TAX ROLL- NAPLES FL 34112. 4?84 CERI-gG-UAL 12. OR ~865 t 811 LND $[ 8488 I.--USE IHP $[ 34631 HI<T .$1 43831 FISO+flGfl[ld$i 43031 TAXABLE $1 18831 HILL-CODE [ 1121 MILL-RATE [15,3868] -1997- LOCATI[]N [Nfl CNTY $1 72,881 HSTU S-SL ${ 112,721 WMB S-LB $l 58,84] ISD CITY $[ ,001 UflDP AREA CW CERT-97-UAL Il 18888] I I 35863] 1 I 46~63] II 44322] Ii 193221 1211211997 02 04 PM $1 18,121 $l 18.86l 32i. 58i ,$1 1.83] (1997 TAXES) TOIAI_ $I -CERTIFIED- LINUOOD AU[ 2696] 297.271 RES4?? NOV 1 0 1998 Rpl Pa Fm UT UL 8__ FCI~2I OC[NRI 1D[258818888881[83833812888][ i25881888888] OWNER> GRINOLDS, DARNELL O 135All 2680 LINWOOD flUE FOLIO STRAP 847688 2 ORB/P! 22641/124021 SALE DATE i26111296] $ AMT I ACRES [ ,16l NAPLES TRS->[58][25][11] LEGAL-1 BUROALE BI_K 2 LOT 13 '-3 CURRENT-EX-AMT HMSTD--X ~ I 25888 '! 188,,-X Sl 0 CIU-X $ { fi UET-X $ { 8 BLD-X SI 8 UID--X Sl 8 flG-X $ I B WH-X S I 8 -1997 TAX ROLL- MILL-CODE I 112 ] MILL-RATE {15.3860] -1997- FL 34112 4?84 AREA CD CLRT-gG-uA[. CER!-9?-UflL I 011 LNO SI 84801 I L-USE IMP SI 255541 I 26464~m MHT SI 339541 [ 372641 flSDiflGflDJ SI 3395~] I 349731 TAXABLE $I 89541 [ 99?3I CNTY $1 37,161 MSIU $[ 9,i361 S-SL SI 58.181 WHB $I 5.681 S-LB SI 25.831 lSD SI 16,70] CITY '~I ,88] UflDP ~1 ,531 LOCATION INA LINWOOD (1997 TAXES) TOTAl. ;l -CERIIFIEB- RUE 26881 153'44) RES47? 12/1211997 02 05 PM r,~OV 101998 J Apl Pg Fm UT UL FCI~]2I OCINRI ID12588112088711838338128881[ FOLIO STRAP 847688 2 ORB/P[ 1605]/[1998 SALE DATE [ 9110491 $ AHT [ 81 ACRES I .16 TRS-> 158 Il 25]l 11 LEGAL-1 -2 -11 -4 1250811288871 OWNER> HARRAFFINO, HARIA CARLA 145flll GIOVANNI HARRflFF]NO 137 HARUIE flUE TORONTO 0NTARIO CANADA BURDAI. E BLK 2 LOTS 14 OR 1685 PG 1998 -1997 TAX ROLL- MILL-CODE I 1121 HILL-RA1E I15.3868I -1997-- MGE 4 KS CERT-~G--URL l 88i LNO SI L-USE IMP Sl HKT SI ASD~AGADJ SI lflXflBI. E $[ AREA CW CERT.-97---URL 84881 i 18888 8]! 8488] ! 18888 8488] I 18888 8488] [ 18888 CNI'Y SI 40.25] HSTU SI S-SL SI 63,LFIll I/MB 51 S-LB $1 27.971 IS[] SI CITY SI ,('tBi UADP .~[ (1997 TAXES) TOTAL. $[ -CERTIFIED- AVE 2GG41 LOCATION INA LINWOOD 18.131 6.07] !8,171 ,581 166,181 RES4?7 12/12/1997 02 05 PM I ',c r, ov ] 0 1998 Rpl Pa F~ UT UL 8__ FCIC2] OCINRi I01258811688891[8383381288811 FOLIO STRAP 847688 2 ORB/PI 1974]/I 1431 SALE DATE [ 5]18894] S flHT [ 66888] ACRES I ,191 TRS->I5811251l LEGAl.-1 -'2 -3 1258811680891 OWNER> CARROLL, ROBERT M:& CYN1ttIA [. 155All 2648 LINWOOD AUE NAPLES FL BURDALE SDBD BLK 2 LO1 15 OR 1974 PO 143 CURRENT-EX-ANT tIHS[D-X S I 250881 180X-X $ I 81 CIV-X S f 8] VET-X $ I 8 ] BLD-X $ I 0 ] UID-X $ [ fl] AG-X S I 8 I ~IH-X S [ 0] HILL-CODE [ 1121 MILL-RATE 115,3860] -1997- -1997 TAX ROLL- 341.12 4784 AREA CW CERl-96--UflL CER!--97-UAL 188881 I 12968~ 3427211 35525-~ 44352] I 48485] 44352] [ 456831 19352l I 28683l [ 81] I. ND $[ L-USE IMP SI MKT $1 ASD+AGADJ SI TAXABLE SI 77,071HSTU $I 120,6G1 WHB $[ 53,571 lSD SI ,08] UADP SI (1997 TAXES) TOIAL Sl -CERTIFIED- flUE 26481 CN1Y SI S--SI. SI S-LB SI CITY SI I.OCATION INA LINWODD 19.401 11,621 318.221 RES477 12/12/1997 02 05 PM NOV 1 0 1998 I Rp] Pg Fm UT UL 8__ FC[~2I OC[NR] ID[25881288888][03833812880][ [25881288808] OWNER> LOHEL], JOSE=& HAURA 15All 259G LiNNOOD flUE FOLIO STRAP 84?680 3 ORB/P[ 2888]/[ 489] SALE DATE [19118795] $ AHT I 55588] ACRES I ,19l NAPLES TRS->1581[25][111 LEGAL-1 BURDA[E BLK 3 LOT 1 OR 2888 -2 PG 489 -3 -4 CURRENT-EX-AH HHSTD-X S I 25888 J/ 1BB,.-.X $ I B CIU-X Si UET-X $ [ B DLD-X ¢,I 8 WID-X Sl AG-X Sl B WH-X $ [ 8 -1997 TAX ROLL- FL 34112 4781 CERT--gG-UAL I 81] LND $[ 18080] [ L-USE IMP SI 28B73] [ HI<T $[ 38153] [ ASD+AGADJ SI 38153! I TAXABLE SI 51531 [ HIt. L-CODE I 1121 HILL-RATE I15,38681 -1997- CNTY SI 22,57l HSTU SI S-SL SI 35.34l DHB SI S-LB $l 15,&9I ISD Si CITY SI ,88] UADP SI (1997 TAXES) TOTAL SI -CERTIFIED- AIJE 25961 LOCATION INA I_INWOOD AREA CW CERT-97--~AL 12968l 218471 34887] 31858] G0581 5.69] 3.481 18.19] .32] 93.28] RES477 12/12/1997 02 05 PM I r NOV 1 0 1998 Apl Pg Fm UT UL FCIC2] OCITR] [DI2508124008011038330120081[ FOLIO 1258812488 STRAP 847688 ORB/P! 1741 SAI_E DATE [ 4] $ Al"IT ACRES I TRS->I581[2 LEGAL-1 BURDA -2 PG 71 -3 -4 881 OWNER> 3 25All I 711l 108921 ?55881 ,17] 51111] I.E BLK 3 LOT 1 SMITH, TIHOTItY & IIFFflNEY fl 2526 LINWOOD flUE NAPLES 2 DR 1741 MILL-CODE I 1121 MILL-RATE 115,3flGBI LOCATION INA -1997 TAX ROLL- FL 34112 4781 CERT-gG-UAL I 811 LND $[ 9240] I_-USE IMP $! 422591 MKT $l 514991 flSD~AGADJ $l 514991 TAXABLE $1 26499} CNTY $[ 20?.391 HSIU $l S-SL $I 324,671 WMB $[ S-LB $1 144.141 lSD $I CiTY $I .881 UADP $1 (1997 TAXES) TOTAL $1 -CERTIFIED- LINWOOD flUE 25261 AREA CW CERT-97-UAI_ I1888~j~ I 55651l I 55651] 55651] 52,20l 31.271 93,61l 2,981 856.261 RES477 12t12/1997 02 16 PM NOV 10. 1998 Rpl Ps Fm UT UL 8__ FCI~]2I OCINR1 I01250812888821183833012880]1 FOLIO STRAP 847688 3 ORB/PI 23291/I 7871 SALE DAlE I 81187971 $ AHT I 75808 I ACRES I ,26 I TRS->1581[25 ][111 LEGAL- 1 -3 "4 [258812880821 OWNER> DESUARISTES, ERIC 35All 2522 LINWOOD AUE NAPLES 80R[IALE BLK 3 LOTS 3 T E 2OFT OF LOT 4 CIJRRENT-EX-AHI HHSTD-X $ [ 25888 188%-X $I B CIU-X $ I B UET-X S I 8 BLD.-X $ I B WID-X $ I B fltl- X $ ~ 8 WIt- X $ [ 0 -1997 lAX ROLL- FL 34112 4781 AREA CW CERI-gG-UAL CERT-97-UAL 88] LND $( 13944] [ 17928] -USE IHP $1 395181 l 489t]91 HKT $l 534541 I 58837] ASD+AIiADJ $1 53454] I ~ 58837] TAXflBI. E SI 534541 I : 588371 HILL-CODE I 112] HILL-RArE I1.5,3860l -1997- CNTY $[ 219.261 HS'IU $I 55.181 S-SL $( 343,261 WMLI $I 33,871 S-LB SI 152.391 lSD $[ 98.971 CITY $[ .80] UADP $[ 3.15] LOCfl'IION INA LINWOOD (1997 TAXES) TOlfll_ $I -CERTIFIED- fiVE 25221 985,281 RES4?7 12/12/1997 02 05 PM IIFM 1998 Rpl P~ F~ UT UL ~__ FCIC210CINRI ID[25081328001110303301200811 FOLIO STRflP 847688 3 ORB/P[ 19841/i 658l SALE OflTE [13li8194l $ RMT [ 63000] flCRES [ ,26] TRS->[581125I[11] LEGAL.-1 -3 -4 1250813208011 OWNER> PFISTER, BAUID:& BETTY LOU 45All 34?0 LAKEUIEW OR NAPLES BURDflLE BLK 3 W 2?FT OF LOT 4 ALL LOT 5 + E 1FT OF LOTS G ? 0R'1984 PG 658 CURRENT -EX-AMT ItHSTD--X S [ 81 100X-X $ [ 01 C[U-X $ [ B I UE T--X $ [ BLB-X $ I 81 UlO-X $ I 0 I AG-X $ l WH-X $ I 81 -1997 TFlX R0LL- MILL-CODE I 1121 HII. L.-RATE 115.38681 -1997- FL 34112 5824AREA CW CEttT-gG-UAL CERT-9?-UflL [ 08] LND $[ 1.3944 II L-USE IHP$[ 41524I [ 42995~1J MET $[ 554681 { 68923] ASD',AGADJ$I 554681 { 609?.3} TAXABLE $[ 554681 i 689231 CNTY $1 227,031 MSTU ${ 57,14l S-SL $I 355,42I WHB $I 34,24] S-LB $I 157,791 ISD $[ 1.82.47] CITY $1 ,OBI UADP $1 3.26] (1992 TAXES) TOTAl. $1 -CERTIFIED- AVE 2520l I. OCATION INA LINWOOD 937,351 RES4 ? 7 12112/1997 02 06 PM 1998 Rp! P9 Fm UT UL FC[~2I OCiTRI IDI 6183396888811838338120881I FOLIO STRAP 119888 1~31~. 881t5All ORB/P[ 23641/[38331 S~tLE DATE [281[1!971 $ ft~iT I 8 I ACRES [ 1fl,87] TRS->I S0 ][ 2S 1111 ] LEGAL-1 N G & T C L F ~2 -3 -4 [618339688881 OWNER> WILD PINES OF NAPLES INC NICtIOLSON LTD PFIRTNERSttIP 2?45 WILD PINES LN t~ 519 NAPLES LOT 39, LESS OR 1319 PG 51 AND LOTS 1,2,3,4,5,28 IN BURDALE BLOCK 1 ~URRENT-EX--AHT HHSTD-X S I 01 HILL-CODE 100~<-X $ I 81 [ 112] C]U-X $ [ UET-X $ [ 01 HILL-RflTE BLO-X $ I 81 [15,3860] WID-X $ ( ~1 -1999- flO-X $ [ WH-X $ I 12112/1997 02 17 PM -1999 TAX ROLL- FL 34112 4753 AREA C~ CERT-96-UAL CERT-97-VAL I 831 I_NO SI 556708] [ 556788l L-USE IMP $I 1486538] i 1394918] HAT $( 1963238] [ 19516181 ASD~aGADJ $i 1963238] [ 1951618l TAXABLE $[ 19632381 I 1951618] ChlI'YSI 9272.781 HSTU $I 1838,42l S-SI. $l 11385,941 WllB $l 1896,81} S-LB $1 5054,69} lSD $[ 32fl2,821 {~ITY $1 .801 UAOP $[ 184.41] (1999 TAXES) TOTAL -CERTIFIED- 1411 LOCATION INA I~ILD PINES 30027.59] RES477 Rpl PQ Fm UT UL FC[~2] OC[NR] ID[61834848088][83033012088][ FOLIO STRAP ORB/PI 3q7l/[ 71 SALE DATE i 8][8888 $ ANT I 81 ACRES I 4,84 TRS->[ 58]1251lll LEGAL-1 -2 -3 -4 1618348488881 OWNER> FORSYTlt ET DX, I~ILI. IAM E 117081;] 832.0805A11 2572 LEE ST NAPLES N G + T C l_ F NO 2 11 58 25 U 537,32FT OF LOT 32 OR 347 PG 71 MILt.-CODE 1121 MIl. L-RATE [15.3868] -1997- CURRENT-EX-AMT HMSTD-X $ { 25088] 108X-X $ { 0] CIU--X $ I Et I UET-X S I 0 I BLD-X $ i 8 ] UID-X ~[ 81 flG-X S { B ] I~tt- X $ I 81 12/1211997 02 09 PM --1997 fAX~ROt.L- FL 34112 4728 AREA CW CERT-gG-LIAL CERT--97-UAL [ 88l t. ND Si 1225891 I 1225~9~11~ L-USE IMP $I 84876i [ 87781 MKT S[ 2065851 [ 2182981 ASD+AGADJ $[ 2865851 I 2182981 TAXABLE $I 181585] I 18529fli CNTY SI 698,491 MSTU $1 173,78l S-SL $1 1888.981 WMB Sl 184,13] S-LB SI 479,901 lSD Si 311.681 CiTY $1 ,881 UADP $[ 9.91] LOCATION INA LEE (]997 TAXES) TOTAL $1 -CERTIFIED- ST 25721 2858.87! RES477 r,c f,JOV 1 0 1998 Rpl P~ Fm UT UL FC[~2I OCINR] IDI &18341688831[ 830338128801[ FOLIO 1618341688831 OWNER> ESTES, BRAD--'& PttYLLIS 3384 DALDOA CIA U NAPI_ES FL N G + T C L F NO 2 11 50 25 E 5OFT JIF W 587,32FT OF' LOT 32 LESS S19SFT OR 1133 Pll 56 STRAP 117888 032.8~185All ORB/PI 11331/1 561 SALE DATE [ 01184851 $ AMT I 228881 ACRES [ ,15 I TRS->158 Il 25]1111 LEGAL-1 '-2 -3 -4 CURRENT HHSTD-X S l 180;<--X $ I CIU-X S [ UET-X 0 I BLD-X S I UlD-X $ I flG-X $ l WH-X S I MILL-CODE I 1121 [ 49] LND SI L--USE IHP ST HKT SI ASD+AGADJ ST TAXABLE SI MILL-RATE I15.38681 -1997-~ CNTY $1 S-SL $1 S-LB SI CITY SI -1997 TAX ROLL- 34185 2784 AREA CW CERT--gG-UAL CERT!97-UflL 968811 96881 lflGgGl I j 110181 2B2BGI I 206181 28286] I 286181 28286] I 286181 LOCATION INA FRANCIS ?G,881 HSTU SI 19.33] 128,24] WHB 51 11,58l 53,38i ISD Si 34.G7] .88] UADP SI 1,18] (1997 TAXES) TOTAL. SI -CERTIFIED- AVE 26631 317.10l RES47? 12112f1997 02 C9 PM Rpl P~ Fm UT UL 8 ~ FCIC21 OC[NR] 101618342888821183833812888]I FOLIO STRAP ll?8fdO 832 . 8895f::1'11 ORB/PI 2356l/[ 022] SALE DATE 1281[10971 $ AHT I ~5~BBB] A~RES i .7~ I TRS->[ 58 1[ 25 ]1111 LEGAL-1 -2 -3 -4 IIHS1D-X 100X-X CIU-X UET-X BLD-X W]O-X AG-X Utt-X I61034288882] OWNER> KOGOY, HICIIAEL A 4688 LAREUOOD BIUO NAPLES FL N G + T C L F NO 2 11 58 25 COHH NW COR OF LOT 32, E587.32FT TO POB, E238FT, S135FT, U238FT, N135FT, TO CLIRRENT-EX-AHT $ I 8 HILL-CODE $ [ B i 112 ] $ I 8 HILL-RATE S I 8 [15.38681 $ [ B -1997- -1997 TAX ROLL- 34112 8880 AREA CERT-96-UAL CERT-97-UAL 44168] i 441681~ 897781 I 92962~ 1339381 I 137122l 133930] [ 137122] 133938] [ 137122] [ 88] LND SI L-USE IHP SI HRT SI ASD+AGADJ SI TAXABLE SI CNTY $[ 518.991 HSTU Si 128.611 S-SI. $1 799,97] WHB SI 77,86l S-LB $[ 355,151 lSD Sl 238,65l CITY $[ .881 UADP $1 7,34] (1997 TAXES) TOTAL 51 -CERTIFIED- AVE 26951 LOCATION INA FRANCIS 2189.77] RES477 12/~2/1997 02 09 PM NOV 1 0 1998 Apl Pc~ Fm UT UL 8~ FCIC, 21 OCINRI IDI618342488841183033012888]! FOL I8 STRAP 117888 832.#185All ORB/Pi 2383]/[2281 SALE DATE !11118497 $ flHl [ 68888 ACRES [ ,38 TRS->[58112511111 LEGAL -1 -2 -3 -4 HIISTD-X 188X-X CIU-X UET-X BLD-X UID-X AG-X UIt-X 1618342488841 OWNER> DELLS ,JR, RAYHOND E 1981 DELLA DR NAPLES N O + T C L F NO 2 11 58 25 COil SD COR OF LOT 32, E 697.32FT TO POO, N 135FT, E 96FT, S 13SFT, W 96FT TO POB CURRENT-EX--AHT $ I 0 HILL-CODE $ I 8 [ 112 ] $ [ 0 $ [ 0 IIILL-RATE ~ [ 8 [15,3868] ~ [ 8 -1997- ~ ~ 8 LOCATION (NA FL I 881 LND 6I L-USE IHP $1 HKT $1 ASD+AGADJ $[ TAXABLE 61 -1997 TAX ROLL- CNTY 61 S-SL 61 S-LB 61 CITY $[ 18432 ] 311691 496811 49681 I 49681 ] 34117 4847 AREA CW CERT-9G-UAL CERT-gT-UAL 18432] 32262l 58694] 58694] 58694] 188.911 ItSTU $1 47.54] 295.75] Ult8 61 28.49l 131.381 lSD $1 85.27] .88] UflDP 61 2.71] [1997 TAXES) TOTAL $[ -CERTIFIED- 1178881 779.97l RES477 12/12/1997 0210 PM 1998 Apl P~ Fr~ U'T UL 8~ FCi~21 OCINRI IDI61834288886][83833B12BBB][ FOLIO STRAP 117888 832.Blt5All ORB/PI 4151/I 257] SALE DATE I 01189711 S AHT I 0] ACRES [ .58 ] TRS->i 58 Il 2511111 LEGAL-1 -2 -3 -4 16183428880610UNER> tiOGAN EST, ALBERT C/O ARENA S HOGAN 2664 FRANCIS AUE NAPLES FL N G + T C L F NO 2 11 58 25 E 1GBFT OF g G97.32FT OF S 135FT OF LOT 32 OR 415 PG 257 CURRENT-EX-AHT HHSTD-X $ i 25888 I/ 188,,-X $ I 8 CIU-X $ [ 8 UET-X $ { 8 BLD-X $ [ B WID-X $ [ 588 AG-X S [ 8 WII-X 6 [ 8 HILL-CODE [ 1121 HILL-RATE [15,3868l -1997- -1997 TAX ROLL- 34112 4728 AREA CW CERT-9G-UAL CERT-gZ-UAL 387281 i 38728ii 135441 [ 14199NII 44264] [ 449191 44264] [ 449191 19264] [ 19419] I 811LND Sl L-USE IHP 6I Hi(T 6[ ASD~AGADd $[ TAXABLE SI 72,371 HSTU 61 18.211 113,29] WHB $I 18,91] 50,38] lSD $1 32,671 ,BBl UflBP 61 1.841 (1997 TAXES) TOTAL 61 -CERTIFIED- RUE 26641 CNTY SI S-SL Sl S-LB S l CIIY 61 LOCATION INA FRANCES 298.791 RES477 12/12/1997 02 10 PM NOV 1 0 1998 Fleet Martgage Group D D/1SK)N 0,40 Fleet Mortgage Group, Inc. P.O. BOX 3139 MILWAUKEE, WI 53201 (800) 562-3167 12/08/97 JOSE LOMELI 2596 LINWOOD AVE NAPLES FL 3q112-0000 RE: Account Number 005q363885 Dear Valued Customer: Thank you For your recent inquiry regarding the payment of your property taxes. Please accept this as confirmation that your taxes have been paid as Follows: Date Paid: 11/10/97 Tax Amount: $$503.q7 Parcel Number: 0000025081200008 Treasurer-Tax Payee: collier county Please note that your taxes were paid by Fleet Mortgage Group in the form of one check to the taxing authority which included tax payments for other loans. As a result, we are unable to provide you with a comy of the canceled check at this time. If this latter Zs not sufficient, you are welcome to contact us in 60 days, at which time a copy of the canceled check will be available. Fleet Mortgage Group welcomes the opportunity to service your loan. If you have additional questions, ploase contact our Customer Call Center at 1-800-562-$167. Sincerely, Customer Service Department Fleet Mortgage Group, Inc. 6.09 l,;OV j 0 1998 Fieet Mortgage Group 324 Went Evene Street, P.O. Box 100537, F~ormrme, SC 29501-0537 (803) 673.37~ f_ fq ~ q% IN DUPLICATE NOTICE OF A~ VALOREM TA×E~ AND NON-Ab VALOREM ASSESSMENTS NOV 3% IN bEC 2% IN ,JAN 1% IN FEB 0% IN :~14 , SC~OOL · StAr~ COURTHOUSE COMIg. EX · MJ~DtNG C-1 900 15.69 schwa.. LOC.,kJ. ~ {(APLES, FLORIOA341124~J7 .562E · 32 vo,~.~ o., ] ~C-[JNwoo~ AVE ~93.202~~ NAPLES FL 34112-~781 52.98 F~ 323.29 wAmw;,~, ES COMM, IM PROY'E. i bTXT_~ . IBURDALE BLK 3 LOT I OR 2080 PG 409 0000025081200008 ~"F[P,.S E S{O( FOR {4jRTI~ 600. 0000052445 0000000000 00000 GUY L. CARLTON TA~~- COLLECT I NOV 101998 mis ~EX r-oR T~x CO~CTOR'S OmC~ USE{ONW. p., ?..~.~.__ SUNBELT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM JOSE LOMELI/MAUP~A LOMELI NAPLES, FL DATE . 12/30 197 ...... CHECK.~ 1326 DESCRIPTION _P_F'...T_~__T.!~_O.N AZ_ 97-03~ INVOICE NO ........................ COSTCENTE9 O~BS 163610 329100 T. MEYER PnC~ECT CA t C~< AI,4C il000 00000 i ix ' I _ NOV ~ 0 1~ 1 3 4 5 6 7 8 9 I0 1t 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RI-;S¢)[.I '! ION \'0, uS- }4}:S( )I.I ;I"ION ..\ND I IIE 'rite f'I.AT COI.I.IER C¢)b.~TY. I£.ORIDA ANI) IH:lNG I {)CATED I:4 SLCTff}N Il. IOWNSltlP 50 ,'-;()I?Dt. RANGE [LAST '&'II[{RE/X.'q. pur'.,uanl b) .'qccHons .1.!6 r~,). 3.1(, I(I and 177 I~'}1. I i,,r, da Stalutc.-.. tia~-, i:ullcr, i' } . a~ a,ecnl h,r thc tx:tmoncr. J~,sc [.oHlch tJ~s hctc~ rcqHcM t[,c ~;ICatlc)H (d a t)~ ~dc mad r~}H ,,t ~.'*~ shm~n a, ~'c]'.an .,'~cnuc ,m thc pi;it o] "ilurdalc" as rccord~ m '&'}IEREAS. thc Ih~ard ha'* Ibis da,. hcld a pubhc hcanng m c(ms*dcr ',a,:atlng sa,d mad rmht (,t x~a',, as morc lullv dcscnbed bcMv,.. :md IlOll¢C i,[ ~,ald pubh¢ hcannc m ',acal¢ '.',a,, ~l'~cn as rcqmrcd b,. la'.,,", and WIH [(I /\.N. Thc Vrrmlm,.., ,,t thc :;lcalum ~*ll n,,l athcr,~ci~ allc,:l thc (,:~.nctqu'0 ~,r nub! ~,1 cml',crucnl a,,.cc'..s ,)1 olhcr propcrI} road re:h! of v.a,, is hcrcb', ~acatc4 Br).,\[,.'l) ~)i (~):'~.';':' t.~)L'[MIkqlr)";!F:.S r)i' ('()[.I IIi}~, Sec [xh)h)l 'A" allached hcrcm and mcorp,,ralcd hcrcm BI! ['[ llJR'IllI'~R i~l SC)I.V~ l) BY 'I*t IE B( L.XRI~ ( H C'r >I 'N I'Y COMM [SSI~ }NI ?.k ¢ H C~ >l i It~}-', Cr}~ ]N'I'Y. I-'I.()RII)A. H~ Ihe li:~lit? ['ascmcnt. more p;:rt~culart~ described m }.xMb~t "]~" at~achc,J hcrcm :,:nj mc(,r¢,ratcd I~crcm. ~s hcrcb~ accepted as~ rcplaccrncn: cascnlcnt lot [hd~Jx Pr'~ldcrs p;~r ot*gcncraJ c~rcuJallon in thc C:our~t% ~thtn 30 da\ s I(~Jlowmg ~ts ad(~ptmn [)E Il' i:[;RTllI':R RES{)I.VED. that Hm Clerk t,~ thc Board ~s hcrcb~ thrcclcd b~ rcc,,rd a ccrlHicd c()p5 ot flus Rcsolut.mn. thc ptmfl' ,d'pubhcal:on o} thc n,,Hcc ~,1 pt;bbc hcarm~ and thc pr(~)l (q pubhcatmn ~,t Ibc m,I)cc ol ad,~pt~on ~,~ flus ~cst~lutmn m ibc [)ublic Rccords (~f Colhcr Courm,. } i,,nda I)ATEI) A'ITEST ;)WIGI[T ~: BROCK. C(}i.I.H.R (.'(): 're F'C. 1'~ ( )RID,\ H,*..P, llAP.'~ it iq [".F','~' Chmm;an 1998 LINWOOD STREET 60' R/w N. 89'BS'40'E. 50,00' P.O.B. Northeast corner of Lot 1 Block BURDALE' P.B. 4, Pg, 2 Lot 1 Block 3 8URDALE $,Bg'23'50'M, 60.00' Lot 1.5 Block 2 BURDALE Exhibit "A" Sbwsct 2 of 2 AV 97=031 MOOD LAND PARK P.B. LPg. 55 NOT A SURVE~ r TRIGO A. & ASSOCIATES, INC. Z~23 'Z'~LD~ C~T~ I~AY UTILITY EASEMENT Fl[tiS LASEMEN]'. granted this/'Z.7--'da.x of May 1998 b~: ROBERT CARROI.I. and C~TI ifa CARRO[.I.. lit ;SBANI) AND WIFI.L las m that pt)rt/~m thc cmscmcnt area over Lot 15, Block 2 B~&fle Subdivision[ and JOSE L()MELI AND MAL'R_a. LOMELI. HUSBAND AND WIFE. {ms to tMt Nmion of ~c casement ~ca over I.ot I. Block 3 Burd~e 5uNtivision] as Gmtors, to F. p. I... SPRI:T ?, :~n.:...,_, ther ..... .qpp 1 i c;~b ] e ut 5 .._i i tv, provide: irs successors and ~signs, ~ WITNI:SSETt-{: That the Gran~:ors for and in consideration of thc sum often dollars ($ l f;.001 and othcr valuable consideration paid by the Grantee. receipt of which is hereby acknowledged. hereby convey, grant, bargain, and sell ~to thc Grantee. its successors ;md assigns, a perpetual, non- exclusi,,,,: '.::.',crncm. license, and privilege to enter upon and to install and maintain utiliD' facilities. on thc t'oilo'.vinc described lands being, located in Collier County, Flnrida. k) wil: that por't~;n ot'Pelton Avenue. Hurdale Subdivision. ,'ts recorded tn Plat book 4. Page ?.. o:' the Public Records, (;oilier ('ounty, Florida ;md being nmrc particularly descnbe.t ils follows: Commencing at the northeast comer of Lot I. Block 3, Burdal~, 5ut:di', :s~orl: Thence mn along thc southerly rS,'~t-of-way ~.~f' I.in,,v md Stre:t North 89'28 4u" f_rust a disumcc oI'20.0() feet k) the POIN'I ()I: l%e:'..cc .:ontinue North 89~28'40'' East a distaace of 20.00" itel, l"hCIlCc South 00*28'20" East a distance t)fl~': .~_,. ,_ feet' S9~3'50" East a distm~cc t,t'20.O0 feet: 000'2..g'20'' Fast a distance o: 10.00 feeI: 89~3'50" 'West a distance of 60.00 feet: 00:28'20" West a distance of I 0.00 feet: 89~Y50" East a distaacc of 20.00 feet: 00~8'20' 'g/cst a distance of 125.75 to the P()rN'] (')l: BI:.('iFNNING I () lb\vi:' AND 'l'O }tOLD thc siunc tmto thc Graatcc as~d its assigns, together ~5th thc fight to cmcr u[~,r~ :,aid land. excavate, and take maler/als for the pur~sc o~ co~s~lctmg, o~rat~n(:, and ma~n~,un:n~' t;ril~rv ~hcilitics tl~ercon (irantor ~d (ir~tcc arc used lot singul~ or plural, as the NOv I 0 1998 Print Name MA UIL~ LOMELI STATE OF FI.OKiDA [:tobit "n" COUN-IW OF COLLiER sM 2 of 3 AV 97-031 I HEREBY CERTIF'f that on this day. before me. an officer duly authorized in thc state aforesaid and i~ the county afore~tid to take acknov.'lcdgmenu;, personally ap!:,eJred ,IOSE LOMELi and MAURA lxUMEI.,I known to me to b¢ tb.c pcmon.q d. c21crib¢,d m and who cxocut~ the forcgomg Acce,~ E~4-meat and acknowledged before mc: that thc>, executed the same. '¢,q]NESS my hand and official seal in thc county a~d state la.st afore~tid thi¢ /,,_/~O day ot I'¥\.L3~J , I998. ~SEAL/ No'o,"y ?,.,::)lic- 5'~'e 2f r>o-5~C r No,~r,:. Public - S[att' of Flor/da ' S'FA FIi OF Y'I.ORIDA CObLNTY Ot (JOLLIER I t{E.R. EBY CERTIFY that on ti:us day, before me, an officer dui)' authorized in the state aforesa*d as~d m county albresaid to mice acknowlcdgmcms, person~ly appeared ROBERT CARROLL and CY'N'FltlA £ARROLL. known to me ~o be ~e per'sons ciescnbed m and who executed ,abe t'oregomg Access Easement and aclmowledged he f,-,,e me fl~t Lhey executed lac s. amc '¢,]T:'.,TSS my t",and aha officia! seal m '.he count,,' and ~tate iaxt arbreS~d thJs /z..~ ~J'd~,.' o! DEBO;,AH r. AY BEC--C~OFr, NO,Ory O~DliC - ti.cote of r:c2oo My Comr";~'on Ex.~re50c' 15. 2301 Com-~sion ,' CC689525 PREPAREI) BY: Rich:u-d S..,\,rmtmziata 100() Tamiasni Trail North. Suite 201 Naples. Flonda 34102 041-263-S282 2' _ ': (lJ '.- :-:::~r-~'__, v' LC.c/ ........ No[ar:' ~h]bli~ - ,g~u: of Flonda k, OV .l 0 1998 SKETCH Bearing Basis P.O.C. No~neDst corner of Lot 1. Block 3 ~URDALE ~.B. 4, Pg. 2 Lot ~ Block .3 8URDALE OF DESCRIPTION LtNWOOD STREET 60' N. 89'~8'zO'E. 60.00' P.O.B. , Lot 1 5 Block 2 BURDALE NOT A SURVEY S, 89'23'50'W. 60,00' WOOD LAND PARK P, 3. L Pg. 55 GENERAL NOTES: !, 1) ,~1 distances or~ in f~Ct and decimal, thereot. 2;) ~d~ ore ~ on ~ ~ R~hI-oI-W~ of Un~ S~L ~rdale; P.B. 4, Pg. 2. ~ing N.8~28'~ E. A~ TRIGO & ASSOCIATES, INC. DATE: Feb. 4, ~9 2223 TRADE CE}~{'l~ WAY DRAWN lB'Y: AT SC NkP~. FIJDE.E)A 3394.2 SHEET :2 OF :2 FiLE LAND ~tr~'V'gY~O ~ NO. 98.0032 EXECUTIVE SUMMARY PETI'I'iON Ak; 98-016 TO VACATE A 12' WIDE DRAINAGE EASEMENT BE'IAVEEN LOTS 31 AND 32. BI,OCK B, ACCORDING TO THE PLAT OF "COLLIER'S RESERVE,", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA AND TO ACCEPT A 12' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT. OBJECTIVE: To adopt a Resolution to vacate the above4escribed 12' wide Drainage Easement and to accept a 12' wide Drainage Easement as a replacement easement. CONSIDERATIONS: Petition AV 98-016 has been received by thc Planning Services Department from Dominick J. Amico. Jr.. P.E.. of Agnoli, Barber and Brundagc, lnc., as agent for the petitioners. Collier's Reserve Ltd. and Elizabeth J. Schlcmmcr. requesting thc vacation of thc above-described 12' wide Drainage Easement to accommodate proposed rcsidcntial construction Thc>' arc also requesting that Collier Count,,' accept a 12' wide Drainage Easement as a rcplaccmcnt casement Letters of no objection have been received from all pertinent agencies Zoning is P.U.D.. FISCAL IMPACT: Collier County has collected a $1.000 "Petition to Vacate" fcc from the petitioner, which will be deposited in Road and Bridge Fund (101-163610). This fcc covers advertising, recording and other processing COSTS. GROWTH MANAGE.%IENT IMPACT: None RECOMMENI)ATION: That the Board of County Commissioners. 1. Adopt the Resolution for Petition AV 98-016 for thc vacation of thc above-described 12' wide Dr{b, inagc Easement: and 2. Approve and accept thc replacement cascmcnt: and 3. Authorize thc execution of the Resolution by it's Chairman and direct thc Clerk to thc Board to record thc replacement Drainage Easement documents and to record a certified cop>' of thc Resolution in the Public Records: and 4. P, cqucst thc Clcrk to thc Board to m~c appropriate marginal notes on thc recorded plat PREPARED BY ___~,.r_..w~__(_2~r_.,_~.~.¢- _ Rick Gri~. P.S.M. Planning Sc~,iccs ~omas E. Kuck. P.E. Engineering Revicx~ M~agcr REVIEWED BY ~~~ ~ Rob(n Mulher~IC~ Plannin e~ces Departmen irector APPROVED BY: V~ncc~A. Cautcro, AICP. Administrator Community Development & Environmental Sc~'iccs DATE:_ I1 13 14 6 !9 2O 24 26 19 3O 31 32 .33 34 35 36 37 38 39 40 42 43 44 RESOLUTION NO. 98._.~. RESOLLTION FOR PETITION AV 98-.016 TO VACATE A 12' DP_klNAGE EASEME%T BETWEE}.~ LOTS 3~ AND 32. BLOCK B. ACCORDING '1'O TIJE PLAT OF "COLLIER'S KESERVE"..-kS RECORDED IN PLAT BOOK 20. PAGES .$9 'I'14ROUGH 87. PUBLIC RECORDS OF COLI..IER COUNWY. FLORIDA AND TO ACCEPT A t2' ~'IDE DR.~d'NAGE EASEMENT AS A REPLACEMENT EASEMENT WHEREAS. pursuant to Sexton 177 i01. Florida Statutes. Don'umck I Am~co, ,Ir. P E.. as for th~ pcuuoncrs. Cclh~r's Rcs~rvc Ltd a~d Ehzalx'th J Sc.hlcmrncr. docs he,by request the racoon of a 12' vndc Dr'amag¢ Eascmcm bclv,'ccn Lots 31 :md 32. Block B. azcordm;~ to thc pla~ of"Colhcr's Rcscn,'c". as rocordcd m Plat Book 20. P~cs .$9 through 87. Public P-a:r,.ords of Colhcr Co ,tmb'. Florida a~d to acc~t a 12' w~dc Dral,'~agc Eascrnc-nt a~ a rc'placxmcm c..xscmc'nL and WHEREAS. the Board ~ th~s day held a pubhc hcartr, g to consider va~'ntmg .s4tld 12' v,~oc D~magt Eascmc'nt. ~.~ more fullx described bclox¥, and not~c.c o:' s,'ud p'abhc hreann~ to x-aca~: was g~xe'n a.s rcqmrcd by lax,,': and WHEREAS. the granun_~ of the vacauen x~'.l not ad,,¢,-s¢t? a.i'Tec'~, ~e o,.g'ncrskp or n~t of con,.?'mmt access at'other Dropcrt}. owners NOW. THEREFORE. BE FF RESOI..\'ED BY THE BOARD OF COL.'NT'~' COMMISSIONERS OF COLLIER COUNTY. FLORIDA. tJ',at the £elioxxmg be :md ,s hereb.', vac. z~"d Sci Ext~Nt "A" att.x~h~l hereto and mcorporat~J hcn:m BE IT FURTHER PdESOLVED BY THE BOARD OF COL%-FY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, ',ha~ thc 12' x~dc D,--~n,.~g: Ea. semcm'., mort: particu~zl> described m Exl'ub~t "B" anz. chod hcr~o and mcorl~rate4 hen:re, is h¢,'-cb> acceptt, d as thc r~bxr..tmcm ca.scrncm! :'or the Drmna~.,¢ Eascmcmt vac. az~ hereto BE IT FURTHER RESOLVED. that thc Clerk to thc Board ~s hereby directed to recmrd a ctrttfied cop..,' of th~s Rcsoluuon tn the Pubhc Rccor~ of Colhcr Count','. Florida, :md to ma. kc prolxr nmmnon o£ Otis ~ acauon on thc recorded plat as referenced above TMs Resoluuon adopted a,qcr mouort, second and majority voit favoring sa. mc DATED ,ATTEST DWIGHT E BROCK. Clerk Appro','¢d as to fom~ and legal He,ch F Ashton .A. ss~s'tam CounD' Attomc-,' BOARD OF COU.'NTY COM,MISSIONEI:LS COLLIER COL%TY. FLORIDA BY: B~.RBARA B BERRY. Chalrman raOV I 0 1998 EXHIBIT A SHEET I OF I Ak' 98-016 / / / / / / / / / / / / OV 1 0 ~998 DRAINAGE EASEMENT Exhibil 'B" Sh~'t Iof 12 AV 98-016 THIS EASEMENT, granted this 18th day of Ma)', 1998, between ELIZABETH J. SCHLEMMER ~ GRANTOR, to the COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation and to COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum ofTEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE. receipt of w'hich is hereby acl, mowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, it successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain storey, rater drainage facilities, on the following described lands being located in Collier Count;,'. Florida. GRANTOR agrees for itself, its successors and assigns, that it will be responsible for the cost of an?' maintenance of improvements within thc casement area. to wit: (See attached Exhibit "A" which is incorporated by reference herein) TO ttAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land. excavate, and take materials for the purpose of constructing. operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GR,,\NTEE are used for singular or plural, as the context requires. t,lov 1 0 1998 F~hibi~ ~ 2of 12 ~,¥ 98-016 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and )'ear first above written. Signed, sealed and delivered Printed Name/,~} ~ Witnesx~ d.,~ ~-~ ~,,~ic, oc.., /5_ Printed ~c CO~TY OF~ ~[ ~ ~C_ .. Whose mailing address is: 104 Smoke Rise Drive Warren, NJ 07059 The foregoing instrument ',,,'as acknowledged before me this produced day of · 1998 by ELIZABTtt J. SCHLEMMER. She is personally known to m___~e or as identification and did not take an oath. LYNN HALL co~,..~,s,o~ ~ CC ~.~0455 g:~'lll~S JUN 24, 2001 BOND*~,~o CO., INC. NOTARY PUBEIC Printed Name Prcpatcdby: JuneMillcr Agnoli, Barber & Bmndagc. lac 7400 Tamiami Trait N.. Suite 20,0 Naples. Fl.. 34108 NOV 1 0 1998 EXHIBIT t3 SttEET 3 OF 12 AV 98-0t6 ¥ 1998 EXHIBIT B SHEET 4 OF !2 AV 98-016 ~ 'I1| ,lOX/ 1 0 1998 DRAINAGE EASEMENT S~. 5 of 12 THIS EASEMENT, granted this 4th day of May, 1998, between COLLIER'S RESERVE, LTD., a Florida limited parmership, as GP, A. NTOR, to the COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation and to COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, it successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stonnwater drainage facilities, on the following described lands being located in Collier County, Florida. GRANTOR agrees for itself, its successors and assigns, that it will be responsible for the cost of any and ail maintenance of improvements within the easement area, to ,,,,'it: (See attached Exhibit ~A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilitie~ thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. 1998 Extubit "B~ ~h,~ 6 of 12 '~.V 9g-O 16 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and ddivercd in our presence: Witness Printed Name Witness "-~ Printed Name STATE OF FLOILIDA COUNTY OF COLLIER COLLIER'S RESERVE, LTD., a Florida limited parmership COLLIER MANAGEMENT SERVICES, INC., a Florida corporation, its general partner Jeffrey M. Birr, ~'rresiden Whose mailing address is: 3003 Tamiami Trail North Naples, FL 34103 The foregoing instrument v,'~ acknowledged before me this ~" da)' of ~tt~0,,tA , 1998 by JEFFREY bi. BIRR, as Vice President of COL----LIER MANACrI~' MENT SERVICES, INC.,*' a Florida corporation, on behalf of its general partner of COLLIER'S RESERVE, LTD., a Florida limited partnership. He is personally known to me and did not take an oath. Prepared by: June Miller Agnoli, Barber & Bmndag¢, lnc ?400 Tamiami Trail N, Suite 200 Naples. FI. 34108 NOV 1 0 1998 / ? ~OV] 1 0 ]998 EXHII31T B SHEET 8 OF 12 AV 98-016 t~3V 10 1998 DRAINAGE EASEMENT F~rlu~b ~ -B- S~ 9 of 12 AV THIS EASEMENT, granted this 4th day of May, 1998, between COLLIER'S RESERVE COUNTRY CLUB, INC., a Florida not-for-profil corporation, as GRANTOR, to the COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation and to COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GtL,\NTEE. WITNESSETH' That the GRANTOR, for and in consideration of the sum ofTEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, it successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida. GRANTOR agrees for itself, its successors and assigns, that it will be responsible for the cost of any maintenance of improvements within the easement area, to wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO ttOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for O~e purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. , Exl:u'bit $1~,~ 10of 12 ^¥ 9 g.~ 16 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness Printed I,,.am. (: < ~....,. ..--q '5, ~.~1 u..,- _,_£_>4_..._ Witness Printed Name COLLIER'S RESERVE COUNTRY CLUB, INC., a Florida not-for-profit corporation Jeffrey M. Birr, Presid~ Whose mailing address is: 3003 Tamiami Trail Noah ~s, FL 34103 Printed Name Prep=cd by: June bliller Agnoli. B~bcr & Bmndage, Inc. 7400 Ta. miami Trail N., Suite 200 Naples. FL 34108 STATE OF FLORIDA COUNTY OF COLLIER C__~7_UN~L~RTThe foregoing instmment was acknowledged before me this dt'4~'5, day of , 1998 by JEFFREY M. BIRR, as President of COLL-IER S RESERVE Y CLUB, INC., a Florida not-for-profit corporation, on behalf the corporation. He is personally known to me and did not take an oath. NOTA/RY.PUBLIC ............. no J2~/''' NOV 1 0 1998 EXHIBIT B SHEET II OF I2 AV 98-016 lllllllll 1998 EXHIBIT B SHEET 12 OF 12 AV 98-016 Illhll l I l I I Illlllllll 1998 ATTACHMENT B R~TITIOt~ YQBM FOR.VACATIOt; OF PLATS OR PORTIO~;S OF PLATS OF SUBDIVIDE0 }~ANQ [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: r-~-~-~_~-~c~ Petition f:AV-~-~/~ Petitioner(Owner): ~.ol I fer'~ A'e.~nrvn, -~ flizabeth~mer Address: 300'f 'Fnmf~m~ Tr_ T. Telephone: [9~;)_o7-~p59~ ~ ,~ City/State: ,YapioE, f"i Zip Code:_ 3Z103 Agent: Dominack J. AmYco. Jr., P.E. Address: 7~00 '[~m~ 'r'~... .','. , Ju][c 2Of~ Telephone:{9~])~ ~97.-~]]] City/State: ).'m,nf~. Ff. Address of Subject Property: Zip Code: lZlQR 12036 Coll~er'~ R~$erv9 Dr, City/State: .','aplez, FL Zip Code: 341I~' Location: Section 22 Township ~8 Range 25 Legal Description: Lot ~ ~ ~3 Block B Unit Subdivision: C'olI~~s~rt,e~ ~ ,.. '~ Plat Book 20 Page(s) 59-87 Reason for Request: I/2 o£ [.o~ 32 will be annexed Lo £o~ 31 ~ I/2 o£ Lot 32 ~'ill be annexed to Lot 33 of Block B. --~'e are proposfn.q to ex[infuis,%~ Current Zoning: PUD Does this affect density? ,','O i Hereky Authorize Agent Above to Represent Me for this Petition: Yes " Siena.....urn, of, .~w~r~ner (Owner) Print Name No Vice President o£ Collier Nanagement Services, inc., general par[ncr of (Title) Collier's Eeserve, Lta. Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 (2) S'~.nature of~titioner (Owner) Date Elizabeth J. Schlemmer if applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) if applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other o~ners. 'a drainage easemon~ :cnich runs through Lot 32 and grant a drainage easc. zent /tv separate instrument) at the common lo[ line created splitting Lot 32. Page 4 of 4 April 10, 1998 Mr. John Boldt, P.E. Stormwater Management Department 3301 Tamiami Trail East Naples, FL 34112 Re: Extinguishment of a Drainage Easement and Dedication of a Replacement Easement within Collier's Reserve, Block B, PN 5175 Dear Mr. Boldt: We propose to relocate a drainage easement granted to Collier's Reserve Association, 1nc. and to Collier County by the Collier's Reserve plat. A lot line adjustment is in process with which splits Lot 32 of Block B and annexes half of that lot to Lot 31 and half to Lot 33. We would like to vacate the drainage easement which now runs on the common lot line between Lots 31 and 32 and grant a new drainage easement by separate instrument which will run along the common lot line created by splitting Lot 32. Enclosed is a site plan and sketches and legal descriptions of the easements for >'our review. Also please find enclosed the amended drainage calculations for the additional length of pipe. We are asking for a "letter of no objection" from your Department. Should you need further information, please do not hesitate to call our office. Sincerely, Dominick J. Arfiico, Jr., P.E. DJA/jam Enclosures cc Mike Bmet 02-729j 8.1tr. V, Td .Main ()I't'~cc: '4()(~ i.m:l.',r::: i:.:. N su;2c 2ti{). Na;';,z,..FSond,! 341(lS . 'J41 3~)- 3111 · FAX.:9. I.cc(',mntx: 1,"-.,3_.~ ........... ~-; ............... ..... ~OI F,,rt.\l...'zrs. t-'(-4,~ ,,,t,a.::~J('~i.. · ~41 .:.:4-!,1-7 · FAX: 94 NOV 1 0 1998 5¢,6-2203 COLLIER COL. 'TY GO\ \%IENT COMMUNITY DEVELOPMENT AND ENVIRON.M£>TT.kL SERVICES DIVISI©.X 2800 NORTH HORSESHOE DRIVE NAPLEF.. FL :;4i04 PLA1TNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION August 2, 1998 Hr. Dominic Amico, P.E. Agnclt, 3arker L ~rundage, '2nc. 7402 7arlami Trail :;., Suite 230 ::a~le~, Th. 241t5 : .... sisns -~ Coi"'=~'s u=s~ .... - '~a~ =~ ion ..... , .......... ral .... PiPe .... ccaE -ear Xr. Amico: This :s 'n resmcnse no you:: submit:al cf plans showing the re!ccalicn .cf 24 inch drainage pipes to :he revised lot line. >;e have no cbje.csicn ts the cz'cEased revis!on. Additzcnsii?', we have nc cbjec-~ ....... he ','aca%icn of the et<is:thc easer, en:, prz','ided an al:ernaze easemen5 's granted Two ccc:es cf the ap~rc','ed :lans are belng resumed fo:' 'four ':se. 71ease cai' me '= you have an',' z':est~ns sr need any fen~cr Engineer ....__:__~ Fuca:e_ , icmDilanc~ ......... S .... ~-== '..,'/a::a.chment Rick Gri~g ~-%~z~ April 8. 1998 ,",,ir. John }touldsworth Senior Engineer Collier Count.,,, Development Serx'ices 2800 North Horseshoe Drive Naples. Florida 34104 Dear John: On behalf of the Board of Directors for the Collier's Reser,,'e Association, Inc., this letter is to register a "no objection", to thc vacation of an existing 12' drainage easement running between Lots 31 & "'~ "B". .~, Block in accordance with Plat Book 20. Page 62. in the Public Records of Collie'r County. To allow the drainage basin which encompasses these lots to continue to function, in accordance with the active permit, a new drainage easement will be U, Titten. necessary drainage structures placed and dedicated to the owner's association, Io replace the easement being vacated. Sincerely. ~moth,, Hmrs President Collier's Reserve Association. Inc. /nh CC: Jeffrey M. Birr. Collier Enterprises Michael J. Bruet. Collier Enterprises File ihcrhr doc lr~Or} C,ROSSPf~INTE DRIVE ,~ NAPI.ES. FLOI,IID..\ ?,39.12 TEL ~.Q41~ 592-it',tm , ~.,(a~ ~;95..:,?,3 , F..'~X ~941~ 592.0503 1998 ABUTTING PROPERTY OWNERS WITHIN 250': BLOCK B Lots 9, IL 13, 30, S ~ 32, 33 Collier's Reserve. Ltd. 3003 Tamiami Trail N. Naples, FL 34103 Lot 31 & ix,' ~ 32 Mrs. Elizabeth J. Schlemmer 104 Smoke Rise Drive Warren, NJ 07059 Lot 34 Dr. & Mrs. Jack Lindsey 11988 Collier's Resc~'e Drive Naples. FL 34110 Lot 29 Mr. & Mrs. Jerome Bushman 164 Spring Lake Circle Naples. FL 34119 Lot 14 Mr. & Mrs. Martin Attman 12065 Collier's Reserve Drive Naples. FL 34110 Lot I 1 Mr. & Mrs. McClellan 12029 Collier's Reserve Drive Naples. FI. 34110 Lot 12 Empire Builders 1750 J&C Blvd.. #2 Naples. FL 34109 04-816j8 doc NOV 1 0 1998 Vg..._ ,WO O 0 0 0 0 0 0 oD ~o ~E .o RE.OROEla ~8001 ~,~8-0336 ZA~'~ SUNBELT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM __C.o _l~._~e_r.~_j~c~¢j:_¥.¢_~ J.J;(J_~___6~__ ADDRESS 3__0_05. _~a_mta_~_~_ _T r__a__~ _l _CITY~_a4¢~_¢s: FL_ DATE 6/11 ....... 19 98__.CHECK NO __~,_.3__2_ _ D E S C R I P T IO N _._P.e_~.i_J;~_~_n_..~_V_ ~°_8_-.0_ ~_6 _ INVOICE NO PROJECT CA 00000 FUr~D COST CENTER 101 163610 1329100 , CK I AMOUN Nov ?e r r :[_.Hey I ~N C~..J NOV 1 0 1998 "1 -J ~ I pq ~ ] I 0 i998 Scee~ Hecto~ ~ Dav]~ 'J'' 777 South Flagler Drive West Palm 8each, Florida ]3101-6198 Proper%y Control N~bers: ~ece[ved Rece~ve~ $ OCCume~t~ PAGE THIS INDENt, made this i T day of December, 1992, between COLLIER DEVELOPMENT CORPORATION, a Florida corporation, Grantor, and COLLIER'S RESERVE, LTD., a Florida limited partnership, whose post office address is 3003 T&m~ami Trail North, Naples, of the County of Collier, State of Florida, Grantee, w I T N E S S E T H: That said Grantor, for and in consideration of the sum Of ~ ~'~, Dollars, and other good and valuable considerations to sa~d Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: (See Exhibit A attached hereto and incorporated herein by reference) SUBJECT TO: 1 Taxes for the year of 1993, and all subsequent years. Applicable zoning laws, ordinances and land use regulations. Declaration of Protective Covenants for Collier's Reserve dated the '.%-'day of December, 1992 Matters of public record (it not being the intent to reimpose the same). and said Grantor does bereave, full',,' warrant the title ~.. said land, and will defend the same against .h. lawful claims of 811 persons whomsoever claiming by, through or under Grantor. IN WITNESS WHEI~OF, Grantor has hereunto set Grantor's hand and seal the day and yea[ first above written. Signed, sealed and delivered in the presence of: Printed Name of Witness Printed Name of Witness COLLIER DEVELOPMENT CORPORATIOn;, a Florida corporation (cord ~eal (acknowledgement c.n following page] AGENO~ I T~.~.I N~ NOV 1 0 1998 2297 STATE OF FLORIDA 1~'81 ,4 500t~ 1 P~GE Thru_ foregoing instrument was a~kn,o,wl edged ~ ~e~ore me this .\'~"- da' - .. .-. ¥ O£ December. 1992 by the ~A~_~9 ~.,L~ of Collier Development~ Co~po~atior Blo~ida co~po~ation, on behalf of the corporation. He Personally known to me o[] ] h=: a~n~f~r~Y~and did not ~ake a~ oath, /Notar~Publ i~- Printed Name: '~YZ~/~Z Co~ission Number: My Commission expires: Sea] 4356,001b - 2 ,~G E N OA,~J E M-- No NOV ] 0 1998 I BOOK PAGE EXH I B I T ~r;~c:; Li-O'~, :nziusive, and Tract F. of the Flat of Collier'? Reser.'e. Lots 1 through 62, inclusive, of Block B of the Plat of Collier Reserve; and Lots 1 through 66, inclusive, of Block C of the Plat of Collier ~eser','e; and I,nts i through 11, inclusive, oE Block D of the Plat of Collier beserve; and Lct~ I t~rr~ugh ?, inclusive, cf Block E of the Plat of Collier Peser','e; and i,ots ! through 82, inclusive of Block F cf the Plat of Collier ~:.e 5 9: ','e. 2O The Flat ~* ........ '-"~;er'~ ~_s_."~ o-','~_ beinm, recorded in Plat ~ook · .- ~_r__ .... the Fublic Records cf Collier C~un~, Florida ..,,,. ,,, cou"~-' 2297 NOV i 0 1998 WARRANTY D i:;ED m~.~,e rs~s--~ ~;_ d.~. ~" ~~.:__,~ t~'~. ~',.~.. COLLIER'S R~ERVE, LTD., THI$ INDE, VTU~, a Faorlda li~ced par:v~rs~ip. Or 3~)3 TanUam~ Tra?. Nurth, Napl~. ~o(,' ~ 341~. ht~ci~fler ~11~ ~c Grantor. i~ EL~AB~ J. SCAR, a ~rntd woman, here~mtler ~lltd the G~n~, . ~ roiling ~dreM Il I~ S~ RL~ ~ive. Warren. New ler~y 07059. WITNE:'SETH: THAT m~ Grat~tor. for ,'lad Ln con*~dec~',on at'the fl.~ ,'TEN DOLLARS ~ Ir'I,r'A'}), a~ o~hcr g~ a~ ~luablc ~dcrmfion G:~,ttt~s) ~ ~(s)' bests a~d auigns forc~cr thc fnllo~', cscr:~ Iz~. si~. lyin~ a~ ~z~ 20. pales 59 ~oUgh ~7, inc'&s:ve or'the ~ublic ReprOs of Collier C~y. Boddl I1 docrib~ on ~uhjec~ lo: (1) r¢21 es, Jc ~kx~s ff. ,h~ y~ r 1995 ar4 ~II Juhsequen[ ~ ~; (2) reservations. eo~emcnu, zed r:gh~-of.~y nf re;orca (3, a?p[tcahit zoning la'~ S. nrdi~nct& and land u~: rtgula6om; (4) Declaration 0~ Prcle;:ivc Coveran~l for Collie: 's Rese~,e rccordetl ,n alfred; i Record ~k 17~1. P.ie 149, P~blic R~rd: of Collier ~'~6h th: conslcac:mn of any :mp',~e-e~:: ~o :n¢ proper:y;(6 :hit cer~m ~hon Agre~ent da:ed February 6, I~, tT 2n~ be:'~ccn COLLIER'5 RZ'SER% E. LT:3 ~ Gr~me:(,l herein, grantmg ~o COLLIER'S R~ERVE. LTD. Com.~r :omens or' Co~rructinn or ~um?iekn:~ ,,r .'n~qructhm &~ prnvidcd in ~id Option Agreement, ~c ftys ur which I:%' W/TNESS WHEREOF, r!:..~,~ (;r','~lnr h,,., CdU~d ~,s deed w, be executed afl the day Ir4 year firsc ab,ye written. Si,~r~d ~aled a,'xl dellvertd thc prc,~nc¢ of: COLLAR'S RF.~ER'/E, Lzd. BY: Collier Maragcm~nt, Scrv,cea, Inc.. · Florida corporation, ----~___~/ r Serrrey M. B~rt, 'qi~:den~ tCorpora~e 3~aI) STATE OF FLORIDA COUNTY OF COLLI[R ~e ~'o,e~o,~ ,,,~ .... e,~r ....~,,'.,'~edge~' ~o,~ ~ ,~;, (:~ ~,y or ~'~ . ;~98. ~y J~m~y H~. ~,rr ~ Vice P:t~Ment and an bCha~t Cf C'OLLIEE M.~NAG~(ENT SERViCeS ~'C , , Rn,:da co~oration, the GC~tII Pan~r of COLL~'S RD~ERVE, LTD., n ~o;~ :imh:~ ..... ~.~ H¢ r5 E,~.L; Primc¢ N,~mc I LA:,'D D£$CP, IF~O;,i OF LOT ,5'I AND ;'HE t,~i'fTH ,"5.','E-H,CLF (NI/2) OF LOT ..'£ 9LOC.K "3' O~' THE PLAT' O.r' CCLL.'ER'$ RESERVE, ,c$ RECORDED IN PLAT ,~.C, rGk' 20. HALF z,~,.,/~, ,DF LOT 22 ' ~ -'z*,~ BE~',','G MC,-~E' PART~CULA;?L Y DESCRIBED AS FOkt. O~,~ Bc,.,,~,,,I,,G AT THE NORTHt~CSTEP. L¥ CORNER 07 S,~D LOT 32; THCNCE SOUTH 70',14,'~2' EAST .~! ' T~£HCC $C,U~.ERLY AL~,';~3 SAiD ~D~'VE; CONCAV~ £AST~F?L Y. HAVING ,~ ..... -, Dr 90.00 ?'EET, A CENIRAL ANC__,CE.OF ;7'5~2' FOR AN ARC DISTANCE OF 28.03 FE£: TO A PO,'NT O? I.'~TERS~C~ON F,I,~., A NO,~,'-TANGfNT. LINC; .'.~.ENCE NORTH 87'35'22" 'W~.ST'?C,R A DISTANCE OF .206.~9 FEET TO A PG"','T OF INT~R$(.C'I"zON ~f'TH.A NG~'-TAt~'G'~,'T CURV~'~TROM YIHIC.)t T)-fE RADIUS POINT BEARS TH£NC"~ NO~'Th'ERLY. AhONG ¢,AIO CU~'~, C~vC~¥~ L'AST~i v ttA~NG A R/.2.'US OF 250.00 F~7, A ~.ANC~'O,~ f,~'46' F~ ~.ARC DISTANt" OF 67,25 ~IN 7 fOE, TAN~NC ~ . . ~EN'~ N~PW"2l'2~'~' EAST F~ A 'DISTANCE OF ~.53 FEE~ TO DIE 14L/lO0 112a92 ITSt OR BOOK SP£cI~ DKE~ THIS i:rOE:l~--b~, made this ~,%~ day of'7~C~,.~."%pP, i992, by an~ ketween COLLIER DE~LOP~NT COP~0~ii0N, (the "Grantor"), a Plo:ida corporation existing under the laws of the State of Florida, having its place of business in the County of Collier and State of Florida, who~e mailing address i~ 3003 T~J~i Trail North, Naples, Florida 33940, and COLLI~'S ~SER~ CO~I CLX, INC. (the "Gran~ee ), a not-for-profit corporation existing under the law~ of the State of Florida having its place of bus~ne~s in the County of Coll~er and State of Florida, whose mailing address is 3003 Tamiami Trail North, Naples, Florida 339~0. Dennis W u;~er, Esq Hi'lief & War. less. P.A. W I T N E S S E T H: That Grantor, for and in consideration of the sum of Ten and :;o/100 U.S. Dollars ($i0.00) to it in hand paid by Grantee, tke receipt whereof is hereby acknowledged, kas granted, bargained and sold to Gran~ee, its successors and assigns forever, the fcllow~ng described land (the "Propertv"), situate, l'zing and being in the 'ic, unty cf Ccliier. State of ~iorida, to-~it': -- SEE EYe!BIT A ATTACHED HERETO ~3~ MA~E A PAF, T r T2 HA~,~ A:~' TO HgLD ~he same in ~o fo . -- ~.e simple fever ~is ccn'.'e.,ance is made subject to, and by acceptance cf this - Deed, Grantee accepts this conveyanc~ sub{eot to the following: {a~ a~licable zoning and other regulatory laws, regulations and ordinances and other impositions of governmental authorities: ,'b) taxes and assessments applicable for the }'ear of conveyance and all subsequent }'ears; <c) all matters which would be disclosel by an accurate survey and inspection of the ?ro~erty: (d) the Declaration of ?r~tectiYe Covenants da~.d%.,~.,C,%c Iq~?--, 1992: and (e) all other easements, dedications, agreements, licenses, rights-of-wav,, limitationz, conditions, restrictions reservations, other matters cf ~,~ , covenants ~u~.ic record, Prepare~ bi,' and Eeturn Sanctuary Censre 2 2 NOV i 0 1998 6rantee does hereby waive any right that it may now cr hereafter have to any claim for adverse possession of any properties adjacent - the Proper'" cr an'; claim for a grescri~t.v, easement u~cn ar,'.' such adjacent properties, arising from an';' encroackments of tLe r_v_-_n.s thereon u~on an',' such adjacent pfc, pert:es. ~.,.._P~AN,.= OF TEiS DEED, Grantee hereby acknowledges Granto:'s affiliate ~ntends to market and develop Collier's Reserve residential community ("Collier Reserve") and that Grantee agrees that it may be necessary or desirable for the development of Collier's Eeserve to grant easements, dedications, agreement~, licenses, restrictions, reservations, covenants and rights-of-way, cid t~ modify the boundary lines, to modify the drainage facilities for cD .::i!ier's Reserve, to plat or replat the Property and to take such other action as Grant,r, its successors cr assigns may deem necessary and appropriate, but which does not materially affect the use cf the Property, and Grantee ag:ecs to execute and deliver, and ~!il cause the holders of any liens upon or interest in the Property to execute and deliver, any and al! documents and instruments which ,]ranter, its successors or assigns deems necessary or desirable. /he covenants cf Grantee containe~ herein shall be deemeC to ke c:'.'enants running with the Property and shall be binding u~cn 9:antee an~ Grantee's successors and assigns, including ail =_ successors in title to the Property. A.:~D Qrantc, r does hereby specially warrant the :it!e to the Property. and ~i!i defend the same against the lawful claims of all persons claiming by, through er under Grantor, but against nc, others. iN Wi?:~SS ~E?~O~, Grantc: has caused these presents ts be simp, cf in its name b}' the uroper officers, and its corporate seal tc Ye 'nereuntT affixed, c.n the Cay and year first above written. Sealed and Delivered P:esence cf: a Florida corporation By: s ::P=res idem3/~' P:int Uame .... se iling Add:ess'is' ~;ap!es. ilo:ida 23940 ,'::,:~o:a:e Seal STATE OF FLORIDA ) ) s - COUT~Y OF COLLIFR ) =~TH..IS IS TO CERTIFY that on the /~ day of~:~.~. te.~re ,me, a notary public, personally a~ea:ed~ ~> ~.'~ ', ~ne person ~'ho signed this Special '-'arrant',' D~ed, and the)' acknowiedge~ befo:e me that they ~igned th~ same. WITNESS my hand and offic~l ~eal in the County and State last aforesaid thi~ /~ day o~~, !9~ State of O~ Tracts M-1 through M-7, inclusive, and Golf Course Tracts 1 through 8, inclusive, of the Plat of Collier's Reserve, as recorded in Plat Book ~_Q__, PageS~-~q.., of the Public Records of Collier County, Florida NOV 1 0 1998 Date: April 30, 1998 Collier Count3.' Community Development Division 2800 N. Horseshoe Drive N ~ apres, FL 34104 Re: Letter of Authorization - Collier's Reser','e Drainage Easement Vacation & Dedication of Dear Sirs: The undersigned, being the Vice President of Collier Management Ser-,'ices. Inc., a Florida corporaHon, as general panner on behalf of Collier's Reserve, Ltd.. a Florida limited partnership. owner ors % Lot 32, Block B of the plat of Collier's Reser~'e as recorded in Plat Book 20, pages 59-87. of the Public Records of Collier Count>', Florida. hereby authorizes the firm of Agnoli. Barber and Brundage, Inc. to act as my agent in the aforementioned drainage easement vacation and dedication of a replacement easement. (Signature) ~ Printed Name: ..reffrey bi. Birr STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was ac'knowledged before me this 3o¢'''' day of ~ ,1998 by Jeffrey M. Birr, Vice President of Collier Management Sen'ices. Inc.. a Florida corporation, as general partner on behalf of Collier's Reserve, Ltd., a Florida limited partnership, who i____E_s personally known to me or has produced as identification and who did not take an oath. NANCY LYNN HALL COM/,/LISSION jt CC 840455 E%Pli~E$ JUN 2,4, 2001 AT~Nr. TIC BONDINk~ CC)., IDC. 04-81 ?jgdoc v, pd NOTAR~ Printed Name: O, ~,.,~ e..~ L., My commission expires: "h'"~ "Z. NOV 1 0 1998 April 30, 1998 Catiier County Corm"n'a,xi~.' Develo?ment Division 2800 N. Horse~ Ddve Naples, FL 34104 ~c~m~nt Dear Sirs: The :~.-Ldcr-:i~,ned, be:-"h3 :he o,,vncr of'Lc: 31 an~3 N '/2 Lot 32, Biock B of th: plat. of CoUier's P. es{:r~'¢ ~ r:cord¢'J ir, P',at Book 20. ?a~e$ 59-87, ofthe Public Records of Collier Cou.nLv. ' Inc. to act a.~. my · . aumun--~ '' Florida. hc:ebv .' · '.,~. lh~ .q:-m ofAgnoli, Barh~.r and Brunda~e. albrcmcnEoned da'ain~g¢ e~emer, t vacation and dedic~dor, of a r~pla¢¢ment e~emen~. Printed Name: Eliza~tin J, Sc~ernJr.¢r T'ne foregoing insm. unent w~ ackzowicdgcd before mc Qfis day of_ . . 1998 by Elt~beuh J. Sc?Jenner who i~ per~on~h' ~o~n to me or h~ pr~uced ~ '~ ~ identification ~d who c~id not take an oath. NOV 1 0 1998 ~jj~ =~_,, ~I,,'E~ S~O=ES } ]' SS_L:E:'£ :E~E:'IE 22 S9-5~ TRW-REDI 1-800-.1.4S-733 .® , .. ~ ~ - ':~.. ~ , 7/ ." '. . - "~ ~'",' -~. .- -- ~ = :5' ~ . _ ~, .2'2~'0 . ~.~ ~ t~-.~':: ~ - '~'.'~-~~_ ~[5~'s~' z/ ~ ~ L ~.~~ ~L .'~.:/ . ,,.-~' ~: '~.o~ ~ .~ :~o ~ ~ = ~oo.~ c~ ~ '~ ' .. ,, ,, ... -. ... ~: . -'~.?. ~.. 29 , ~ ~..'~-- t . ~/;' G"~t.o~,:~ · ':~ /4 BLOCK B -,"'-~ ~";',,..:,,'"',- ~ g ~. - ,::... _...-~... ~ ~. c 'V '" ' " -.-~ .......... ~:~ Tc 0.7 .~' No ~_~ - ' ~ ~' NOV 1 0 1998 :.. ~ .. ,~' _. Pc. ~_