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Agenda 09/08/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS e AGENDA Tuesday, September 8, t998 "9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR. TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR/~L4tN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M. 1. INVOCATION - Pastor Hayes Wicker, First Baptist Church of Naples 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES PROCLA/~L4,TIONS AND SERVICE AWARDS ,4, PROCLA~L4,TIO NS 1) Proclamation proclaiming September 29, 1998 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter. 1 September 8, 1998 8. SERVICE AWARDS 1) Gary Gangi, Revenue Services - 5 year~ 2) Nancy Epp, Library - 10 yeara 3) Kevln Potter, EMS - I0 yeara 4) Maria Cruz, Code Enforcement - 10 yeara 5) Samuel Poole, Jr., EMS - I0 yeara 6') Joseph Bieriey, Wastewater - 10 yeara 7) Jenne Jemmott, Library - 10 ye. ara S) 9) Thomas Bar~oe, Building Review and Permitting - 10 years Joanne Soprano, Library - 15 years C. PRESENTATIONS 1) Recommendation to recognize Tom McDonough, Maintenance Worker H, W:Lstewatcr Department, ss Employee of the Month for September, 1998. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Adopt an update to the Collier County Water and Wastewater Master Plans. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTItORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Recommendation to declar~ a vacancy on the Contractor's Licensing Board. B. Appointment of member to the Collier County Airport Authority. 2 September ii, 1998 11. C. Appointment of member to the Collier County Planning Commis.sion. D. Appointment of member to the Historical/Archaeological Preservation Board. E. Consideration of resolution r~pporting the formation of a state-wide "Clean Air Task Force.w OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Pctition No. PUD-98-6 Robert L. Duane of Hole, Monte~ & Associates, Ina repre~nting Mark Bates, requesting a rezone from "A" Agriculture to "PUD" Planed Unit Development to be known as Oak Grove PUD for single family and multi-family residential uses with a total of 550 dwelling units for property located at the northwest quadrant of the intersection of Livingston Road North and Daniels Road in Section I, Township 49 South, Range 25 East, Collier County, Florida, consisting of 137 +/- acres. 2) Petition No. PUD-98-4 Dwight Nadcau of Mc. Anly Engineering and Design, Inc. representing Gerald L. and Marion M. Bray, and George A. Canaan, rcquc, stinga rezone from "E' Estates to "PUD" Planed Unit Development to be known az Mir-Mir PUD for commercial uses permitted in the Randall Boulevard Commercial District, as set forth in the Golden Gate Area Master Plan for property located in the ~outheast quadrant of the inter~ection of Randall Boulevard and the Naple~ Immokalee Road, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. 3) Petition PUD-87-33(2), Mr. Bruce J. Siciliano, of Agnoli, Barber & Brundage, Inc., representing Mr. Uri Eii-AV, Elias Brother~, Inc., requesting an amendment to the "Wind~ong' Planned Unit Development (PUD), Ordinance Number 93-74 for the purposes of eliminating the multi-family dwelling types and the adult congregate living facility (ACLF) units and in its place permit single-family dwelling units utilizing the z~ro lot line development standards thereby increasing the number of dwelling units from 134 to I45 units for property located on the northwest corner of Rattlesnake-Hammock Road (CR- 864) and County Barn Road in Section 17, Township 50 South, Range 26 East, Collier County, Florida. OTHER 1) Petition SNR-98-4, David W. Schmitt, P.E. of Q. Grady Minor & A.t~ociate~, P.A., representing Roberto Boll/of Orangetree A.~ociate~, requesting a street September 8, 1998 13. 14. 15, name change from Randall Boulevard to Valencia Parkway, located in Golden Gate Estates Unit 23, 24, 25, 67, 68 and 69, in Sections 22, 23, and 24, Township 48 South, Range 27 East. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) THIS ITEM HAS BEEN WITHDRAWN. Petition No. V-98-11, Jerry Ncal of Custom Dock & Repair, Inc., representing George & Yohanna Tredwell requesting a 2.3 foot variance from the required setback of 15 feet established for boat docks to 12.7 feet for a proposed boat lift addition onto an existing boat dock facility. The applicant is also requesting a 6.4 foot after-the-fact variance from the setback requirements of 15 feet to 8.6 feet for the we.~ side of the same dock. The proposed boat lift will have 30.7 feet protrusion into the waterway which is the same as the protrusion of the existing dock. The property is located at 12 West Pelican Street in Islea of Capri. 2) THIS ITEM HAS BEEN DELETED. 3) ~.ONTINUED TO SEPTEMBER 22~ 199g. Petition V-98-10, Sharon M. Zuccaro, representing the Estate of Kenneth Culloden, requesting an After- The-Fact Variance of 46.$ feet from the required rear yard setback of 75 feet to 28.S feet for property located at 2300 Golden Gate Boulevard, further de~:ribed as the south half of Tract 16, Golden Gate Estates Unit 8, in Section 7, Township 49 South, Range 27 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discu~ion is d~ired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) To approve a budget amendment for the purpose of constructing sidewalks in the CDBG Shellabarger Park Project. 2) The Collier County Board of County Commi~ioners adopt the resolution approving the amended Local Housing Assistance Plan CR.A.P.) for fiscal years 1998-1999, I999-2000 and 2000-2001 as required by the Florida State Housing Initiatives (S.H.LP.) Program and the Florida Housing Finance Corporation; authorizing submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation for review and approval; and approving the effective dates. ~) Request to approve for recording the final plat of Waterways of Naples Unit Four and approval of the Pcrformnnce Security 4 September 8, 1998 Do go 4) Request to approve for recording the final plat of Waterways of Naples Unit Three and approval of the Performance Security 5) Request to approve for recording the final plat of Sapphire Lakes Unit 3-C and approval of the Performance Security 6) Request to approve an alternate construction and maintenance agreement and accept an alternate security for the project known ts Portofino 7) Lien Resolutions - Code Enforcement Ca~ No~. 70115-030 Guy J and Ruth B Iarussi; 71110.034 Guy J and Ruth B Iarussl; 71119-014 Guy J and Ruth B Iarussi; 71217-046 Guy J and Ruth B Iarulsl; 71217.048 Guy J and Ruth B larussi; PUBLIC WORKS 1) Accept proposals from Tampa Bay Engineering, Inc. to provide engineering ~ervices for the relocation of County water and wastewater facilities. 2) Approve a Joint Supplement Interlocal Agreement with Lee County to formalize maintenance responsibilities for Bonita Beach Road, Woods Edge Parkway and Vanderbilt Drive. 3) Approval of Task Order #WD-PSI-98-1 for the replacement of underground fuel storage tanks. 4) Authorize staff to reject proposals received for RFP 097-2725 County Water Department Software and re-bld at a later date. $) Authorize funding for the upgrade of the Manatee Road Potable Water System Pump Station. 6) Approve Amendment No. Four to Professional Services Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract #96-2474, Project 73031. 7) Authorize staff to negotiate with the City of Naples to purchase property declared surplus by the City. PUBLIC SERVICES 1) Amend the Vandcrbilt Beach Concession Agreement. 2) Approve Budget Amendment recognizing additional Tourist Development Tax revenue. SUPPORT SERVICES 1) Authorization to execute Satisfaction of Lien Documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. COUNTY ADMINISTRATOR 1) Budget Amendment Report 5 September 8, 1998 17. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directe& H. OTHER CONSTITUTIONAL OFFICERS 1) 2) Recommend that the Board of County Commissioners serve as the local coordinating unit of Government and endorse the Collier County Sheriff's Office Grant Application for continued funding from the State of Florida+ Department of Transportation, Highway Safety Funds for the Sheriff's Office D.U.L Enforcement Project. Recommendation to approve the use of confiscated trust funds to purchase specialized equipment by the Collier County Sheriff's Office. L COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition of Parcel Nos. 93, 93.1, and 93.2 in the lawsuit entitled Collier County v. RichardlL SD. er, Judith Sizer, et aL, Case No. 91-2775-CA-01-DRM (Pine Ridge Industrial Park MSTIT). 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition of Parcel No. 291 in the lawsuit entitled Collier Count), v. George If~nlch, et aL, Case No. 91- 2776-CA-01-DRM (Pine Ridge Industrial Park MSTU}. J. AIRPORT AUTHORITY SUMMARY AGENDA - ALL ITEMS APPEARING UNDER THIS SECTION MUST MEET THE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDMDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Approval of a Resolution approving the Preliminary Assessment Roll as the Final Assessment Roll and adopting same az the Non-Ad Valorem As.~ssment Roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statute. a, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordlnanee 90-30, az amended. Approval of a Resolution approving the Preliminary Assessment Roll az the Final Asae. zament Roll and adopting same as the Non-Ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection pnrsuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special 6 September 8, 1998 18. Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Public hearing to consider adoption of an ordinance appros{ng Petition CPSS-98-01, Gerald and Marion Bray and George Canaan, requesting a small scale map amcndment to the Golden Gate Area Master Plan Future Land Use Map. Petition No. V-98-12 Gavin and Susan Widom requesting a 5 foot 10 i~ch variance from the required ;30 foot front yard setback to 24 feet 2 inches for property located at 404 Bayside Avenue, further described as Lot 6, Block K, Connor's Vanderbilt Beach Estates, Unit 2, in Section 29, Township 48 South, Range 25 East, Collier County, FL. Petition No. CU-98-16, Dominick J. Amico, Jr, representing Collier Development Corporation, requesting Condltional Use "2" of the Industrial Zoning District to allow for a day care facility for property located on the south side of South Itor~eshoe Drive on lot 32 of the East Naples Industrial Park, in Section 35, Township 49 South, Range 2.5 East, Collier County, Florida. Fo Petition No. V-98-9 Jerry and Shelby Delashmet requesting an After-the-Fact variance of 1.6 feet from the required rear yard setback of I0 feet to 8.4 feet and 0.5 feet of the required side yard setback of 7.5 feet from 7.0 feet for property described as the west 54 feet of lot 12 and the east 10 feet of lot 13 of the Gordon River Homes SubdixSsion, in Section 34, Township 49 South, Range 25 East, Collier County, FL. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 Scptcmbcr 8, 1998 WHE~FA~, PROC~A44A T.~ON ,.'..,'. ,:.. th~ probletr~ of crim~ touch all se. gm~nts of oU) ~oc~ and c~'? u~i~ a~ erie the ~! ~ eco~mic ~r~t~ of o~.:-.'.~ , ~iti~: aM ' '¢: V''~ ~:' ,~ :,-~ .. . '. ~.~ ~,'. · ~ a~ fo~tt t~t ~W ~forc~toffi~' f~": ........ ali a~.-:' ~iic~ ~f~' a~ '.., ~ .=.~.- ~,~. ,,~x~' :~,, · ..?. 't,,.'.~;~. ~ :.': . V,,'. .' ' '~'~ .~', '. ~ , ',~, ' ~ r~c~nize t~t the m~ ~ ~ in ~ . ', ~ ~" ~. ~'r . 0~, a~ · , ...... ~' ' '.' ,~';: ,.' .. · . .: .' .....'.,~ , " ' ' '¢-*'~'-C' ','?' ..',;.,., '.. :., .. ::...... '¢." "d, ,:. . Ltd . . ,' DONEAND ATTEST: WIGHT E BI~OCK, £LERK BA¢ E C IVE SUMMARY RECOMMENDATION TO RECOGNIZE TOM McDONOUGH, MAINTENANCE WORKER H, WASTEWATER DEPARTMENT, AS EMPLO~E OF THE MONTH FOR SEPTEMBER, 1998. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Tom McDonough is an employee that consistently goes over and above what is expected of him. His main title is Maintenance Worker II, but Tom is an individual that displays many other talents that has earned him thc title of"Jack of all trades". Tom's prime responsibility is taking care of facility grounds which has earned him many compliments from employees as well as omside 'visitors. In addition to his normal duties, Tom has saved his department many dollars by troubleshooting and correcting equipment problems avoiding having to call an outside vendor; all which is done with a smile on his face. Tom is an asset to the Wastewater Department and the County as a whole. Without reservations, Tom McDonough was nominated and selected as Employee of the Month for September 1998. FISCAL IMPACT: "Employee of thc Month" selectees receive a $50.00 cash award. Funds for this award are available in the CCWSD Operations Fund (408), NCRWWTP Cost Center (233312). RECOMMENDATION: That Tom McDonough be recognized ~ the "Employee of the Month" for September, 1998. PKEPAKED BY: ~(~ ~ Kareax ~ Sr. HR Analyst Human Resources Department SEP 1998 vg. ,.,! EXECUTIVE SUMMARY ADOPT AN UPDATE TO THE COLLIER COUNTY WATER AND WASTEWATER MASTER PLANS OBJECTIVE: That the Board of County Commissioners the Governing Board of Collier County, and as ex-officio, the Governing Board of Collier County Water-Sewer District, (CCWSD), adopt the Technical Memorandum prepared by Camp, Dresser & McKee dated August 28, 1998 as an update to the Collier County Water Master Plan and the 201 Facilities Plan for the Collier County Wastewater Management Program. CONSIDERATIONS: The Board approved an agreement on February 17, 1998 between the County and Long Bay Partners for the advancement of construction of Livingston Road between Immokalee Road and the Collier/Lee County line. North Livingston Road has been planned for expansion for over 15 years and utility service has long been anticipated to accompany the road. Due to the uncertainty of when the North Livingston Road would be developed the Water Master Plan did not include service expansion into this area. Similarly, the Wastewater Plan did not contemplate expansion into this area until the 2003 - 2007 planning window. On October 22, 1996 the Board adopted the Water Master Plan Update prepared by Camp, Dresser & McKee (CDM) and on July 22, 1997 the Board adopted the 201 Facilities Plan Update for the Wastewater Master Plan which was also prepared by CDM. Since completion of the master plans additional information regarding development in the North Livingston Road corridor has become available. Specifically, development plans for the Dynabel and Livingston Country Club PUD's and a Developer Contribution Agreement (DCA) with Long Bay Partners (L3P), noted above, to expedite construction of Livingston Road. Staff requested CDM to conduct a supplemental study on the extension of water and wastewater facilities in the North Livingston Road corridor. The area of land that was evah~ated is bounded to the south by Immokalee Road and bounded to the north by the county line. Interstate 75 lies to the east and residential and commercial development along I. JS 41 and Old US 41 border it to the west. CDM has reviewed population projections and absorption rates for the Livingston Road corridor and has conduct",u:l hydraulic modeling for the water and wastewater systems. The study's results are documented in CDM's Livingston Road Water and Sewer Evaluation Technical Memorandum. The Technical Memorandum is attached as EXHIBIT A. CDM has made the follow/ng recommendations: Water - construct a 16 inch water main on Livingston Road 0mmokalee Road to Livingston Road EasffWest) which is the size needed for buiidout For water quality and system reliability, construct an 8 inch water main on the East/West se~dnent of Livingston Road. Another option to improve water quality and s~tem reliability would be, a connection to the Pelican Strand wmer main. See EXI-tlB1T B for a graphic representation of the water mains to be constructed. SEP 0 8 1998 Wastewater - Construct a 16 inch force main on Livingston Road from Immokaiee Road to Livingston Road East/West to provide wastewater service for the study area. A master pump station is not recommended for the Livingston Road corridor since it is relatively close to MiPS 1.03.00. As flows to MPS 1.03.00 increase overtime, the pumps will require upgrading. See EXHIBIT C for a graphic representation of the force mains to be constructed. Reuse/Effluent Irrigation - Include possible future construction of a reuse/effluent irrigation water main to serve thc Livingston Road corridor. At this time there is no capacity available to serve reuse/effluent irrigation demand. The reuse/effluent irrigation component of the Wastewatcr Master Plan docs not presently provide for adequate reuse/effluent irrigation system improvements to serve this corridor however this aspect of the Wastewater Master Plan will be fully evaluated next fiscal year. Staff concurs with the recommendations and believes it in the public interest to adopt CDM's Livingston Road Water and Sewer Evaluation Technical Memorandum as an update to the water and sewer master plans. LBP, the developers of Dynabel and Livingston Country Club, desire to construct certain water and wastewater facilities in advance of the County's current capital improvement schedule. Consistent with the 2/17/98 road construction Developer Contribution Agreement (DCA) between the County and Long Bay Partners (L~P), LBP is proposing to construct the water and wastewater facilities needed to serve the corridor. The proposal is to combine the road and utility construction projects to maximize overall efficiency. Under section 3.06, Developer Contribution Credit, of Ordinance 98-69, LBP has asked the County to participate in the cost of constructing water and sewer facilities in excess of the facilities needed to serve Dynabel and Livingston Country Club. The County's participation would be in the form of impact fee credits or direct cost sharing. A Developer Contribution Agreement outlining terms and conditions will be developed and brought to the Board for consideration. On 8/4/98, the BCC approved item 16(B)(13), approving an engineering agreement for the road and utilities design, but o~fly authorized the start of road design. Scope and fees ($122,000) for utility design are included in the approved engineering contract. The scope encompasses all water, sewer, and reclaimed water utilities along this corridor. Staff recommends the BCC authorize starting the utility design work in accordance with the.. already-approved scope and fees. FISCAL IMPACT: The proposed improvements ~ partially funded in the proposed FY 99 budget. $400,000 is budgeted for water facilities and $400,000 is budgeted for sewer facilities. The cost estimated for the ware? facilities is $1,066,660. The cost estimated for wastewater facilities is $829,920. Funding for the improvements will be provided from impact fees and developer cost sharing. Impact fee credits as provided under section 3.06 of Ordinance 98--69 may be utilized in lieu of direct County contribution to construction costs. aspect of the update are uncertain at this time. The estimated cost of constructing the muse/effluent irrigation water main north from Immokaiee Road to Livingston Road E/W is approximately $490,400 The funding approach and construction timing of 1998 | ODesign costs for corridor utilities are $122,000. Adequate funds are budgeted in the FY 99 budget for design costs. All construction related budget matters will be brought before the Board at a future date when the developer contribution agreements are presented for review and approval. GROWTH MANAGEMENT IMPACT: The Livingston Road segment under discussion is contained within the 2020 road plan and under the terms of the February 17, 1998 County LBP agreement will be under construction by December 31, 2000. Construction of water and sewer facilities concurrent with roadway construction provides for sound and cost effective infrastructure development. Extension of central water and sewer service along the Livingston Road corridor has long been contemplated and is consistent with the County's regional utility concept and the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners, the Governing Board of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District: (~) Adopt the Livingston Road Water and Sewer Evaluation Technical Memorandum prepared by Camp, Dresser & McKee dated August 28. 1998 as an update to the Collier County Water Master Plan and the 201 Facilities Plan for the Collier County Wastewater Management Program. (2) (3) Authorize staff to amend the water and ,,vastewater capital programs as recommended Jn the CDM Livingston Road Water and Sewer Evaluation Technical Memorandum. Authorize staff to negotiate and prepare, and the OCPM Director to execute, the necessary supplemental agreement in the maximum fee amount of $122,640.00 to design the Water-Sewer District facilities as part of the road design work already in progress. (4) Authorize staff to develop and bring back a Developer Contribution Agreement between the County and LBP providing for water and sewer utility cost sharing terms and conditions. PREPARED BY: ~~ REVIEWED _ Edw~d N.'Finn, ~ic Works Operations Director REVIEWED BY: ~~.~- Ed Ilschner, Public Works Administrator / / D~e EXHIBIT A Technical Memorandum Livingston Road Water and Sewer Evaluation Introduction This technical memorandum provides an update to the Water Master Plan Update (CDM, October 1996) and the 201 Facilities Plan Update (CDM, July 1997) for the Livingston Road Corridor from Immokalee Road to the Collier/Lee County line. The population projections for the Water Master Plan Update were prepared in 1995. At that time plans for extension of Livingston Road north of Immokalee Road were uncertain. Due to the uncertainty of access to the area to allow development, the Water Master Plan Update did not include recommendations for water transmission mains in the Livingston Road Corridor, north of Immokalee Road. Additional information concerning the road extension became available following preparation of the Water Master Plan Update. This information was used for the 20l Facilities Plan Update which included recommendations for a wastewater transmission main to serve the corridor. Since completion oft he planning documents, additional detailed information regarding development in the study area has become available, specifically, development plans for the Dynabel and Livingston Count, Club developments and the north/south corridor of LMngston Road. This evaluation includes analysis of the additional data, hydraulic modeling of the water and wastewater transmission systems and recommendations for water and wastewater system improvements. Data Collection_and Analysis Data collected for this evaluation included the following: Utility Service Concept Plan prepared by Dynabel and Livingston Coun~ Club's consultants, Wilson Miller and The V Group. Dynabel/LMngston project absorption schedule, project boundary map and identification of future areas for water and wastev,,ater service provided by Wilson Miller. Camp Dresser & McKee ~2~SLW. 35B ~/2B/g8 REVISED FINAL SEP 0 8 1998 l ori2 PC.,. ~- Reuse Technical Memorandum Livingston Road Water and Sewer Evaluation An estimate of development parameters such as densit2,.', persons/unit, absorption rates and time frame to buildout from David Weeks, Collier Count)' Planning Department. The first step in data analysis was to determine the planning period. Based on Mr. Weeks' assumption ofbuildout occurring ten years following completion of Livingston Road, the planning period ends in 2010. An intermediate )'ear, 2005 was also evaluated. Figure 1 shows the study area which includes the DynabeI/Livingston Country Club development along with seven (7) undeveloped parcels. Population projections were made for each of the seven undeveloped parcels in the study area. Data provided by Dynabel/Livingston Road Country Club consultants were used to generate population projections for those developments. Table I provides the population projections and assumptions used to develop the projections. Water demands and wastewater flows were estimated for each of the developments and were assigned to a node shown on Figure 1. Tables 2 and 3 provides the estimated water demands and wastewater flows for the study area for 2000 - 2010. Hydraulic Modeling The Water Master Plan Update includes development of hydraulic models for 1995, 2000 and 2005. In Janua.u.', 1997 additional water system modeling ,,vas conducted for 2010, 2015 and 2020. This additional modeling was less detailed; however, complete revision of the entire water system model is beyond the scope of this evaluation. Three ~nodel runs '.,,'ere completed and are described below: 2005LR - year 2005 demands for all nodes, NCRWTP at 80-90 psi, SCRWTP at 80-90 psi. Camp Dresser & McKee 6295LW. 358 8/'28/98 REVISED FINAL SEP 0 8 1998 2 of 12 (~ MODEL NODE MODELED PIPE PROPOSED ,,~ATER MAIN/ FORCE MAIN ,.'-,.,',.,.:::' :~: ?u :, c:..a_ ,,,,% ,'/ , . !Vz.E~iAL .._ P2 - ~0'-- .. , .,; ..... ~_ NTS L~ CDM Camp Drc.~r & McKce Figure No. 1 ~ingst n~d ~n~dnr Table 1 Livingston Road Corridor Population Projections Assumptions: 4 Units per acre - Urban Buildout Study 1.81 people per dwelling unit, single family residential. Water MP/201 1.42 people per dwelling unit, multi-family residential - Water MPt201 1.77 ppdu for Dynabel/Livingston CC per Utility Service Concept Plan Buildout/Absorption Rates: based on absorption schedule for Dynabel/Livingston Road CC 10% Year 1 30% Year 2 50% Year 3 71% Year 4 91% Year 5 97% Year 6 100% Year 7 Area Max. Buildout Begin Section Descri2tion (acres) Units Population Sales Buildout Node 12 NE Area 130 520 840 2001 2007 2 13 NWArea 160 640 1034 2003 2009 3 13 NE Area 160 640 1034 2001 2007 3 13 SE Area 160 640 1034 2003 2009 4 13 SWArea 80 320 517 2002 2008 4 14 NWArea 80 320 517 2004 2010 5 7 W ofl-75 388 1552 2506 2004 2010 6 Population Estimates Year 12 NE 13 NW 13 NE 13 SE 13 SW 14NW 7 W Liv./Dyn. Total 2000 0 0 0 0 0 0 0 170 2001 84 0 103 0 0 0 0 510 2002 252 0 310 0 52 0 0 864 2003 420 103 517 103 155 0 0 1214 2004 596 310 734 310 258 52 251 1529 2005 764 517 941 517 367 155 752 1623 2006 815 734 1003 734 470 258 1253 1674 2007 840 941 1034 941 501 367 1780 1674 2008 840 1003 1034 1003 517 470 2281 1674 2009 840 1034 1034 1034 517 501 2431 1674 2010 840 1034 1034 1034 517 517 2506 1674 170 697 1477 2513 4040 5635 6941 8077 8821 9065 9155 SEP O 8 1998 3 of PG.~ _ ? 12 Table 2 Water Demands Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Note: ADF ADF ADF ADF ADF ADF ADF Node 1 Node 2 Node 3 Node4 Node 5 Node 6 Total (gpm} (gpm) (gpm) (gpm) (gpm) (gpm) (gpm) 22 0 0 0 0 0 22 65 11 13 0 0 0 111 32 40 7 0 0 156 54 80 33 0 0 196 77 134 73 7 32 209 98 187 114 20 97 215 105 223 155 33 161 215 108 254 185 47 229 215 108 262 195 60 293 215 108 286 199 64 312 215 108 266 199 66 322 ADF Peak Total Hour (mgd) (mgd) Water demands are based on 185 gpcd. Peak hour factor is 2.6. Source Collier County Water Master Plan Update. (CDM, 1996) 0.03 0.08 90 0.13 0.34 190 0.27 0.71 323 0.46 1.21 519 0.75 1.94 724 1,04 2.71 892 1.28 3.34 1038 1.49 3 88 1133 1.63 4,24 1165 1.68 4.36 1176 1,69 4.40 SEP 0 8 19 8 of ]2 Table 3 Wastewater Flows Year 2000 Peak Hr. Peak Hr. Peak Hr. Peak Hr. Node 1 Node 2 Node 3 Node 4 (gpm) (gpm) (gpm) (gpm) 71 0 0 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Peak Hr, Peak Hr. Peak Hr Peak Hr. ADF Node 5 Node6 Total Total Total (gpm) (gpm) (gpm) (mgd) ~' cpd) 0 0 71 0.10 0.02 204 36 44 0 0 0 284 0.41 0.10 334 104 127 22 0 0 588 0.85 0.21 458 170 245 107 0 0 979 1,41 0.36 566 236 398 226 22 104 1552 2.23 0.59 597 298 541 341 65 294 2137 3.08 0.82 614 316 635 454 107 471 2598 3.74 1.01 614 325 714 536 149 650 2988 4.30 1.17 614 325 734 562 189 813 3238 4.66 1.28 614 325 744 573 201 861 3319 4.78 1.31 614 325 744 573 206 885 3348 4.82 1.33 Note: Wastewater peak flows are based on the following equation - ((18+p^.5)/(4+p,,.5)) where p = population in thousands. Wastewater flows are based on 145 gpcd. Source: Collier County 201 Facilities Plan Update (CDM, 1997) SEP 0 8 1998 Reuse Technical Memorandum Livingston Road Water and Sewer Evaluation 2010LI - 3'ear 2010 demands for Dynabel.fLMngston Count~' Club developments and zero demand at all other nodes; NCRWI'P at 80-95 psi, SCRWTP at 80-95 psi. 2010LA - )'ear 2010 demands for all modes; NCR'~q'P at 80-95 psi, SCR~TP at 80-95 psi. The results of the water system model runs are provided on Table 4. The pressure for average day demand for 2010 is approximately 66 psi. This value is slightly less than the Water Master Plan Update's recommended range of 70-80 psi. However, an acceptable level of service is provided. Increasing pressure by upsizing pipes would not be recommend due to water quali~' considerations and constructing a booster pump station to increase pressure less than 10 psi is not cost effective. Peak hour pressures are within the 40-60 psi range for extremities of the system which is acceptable. The 201 Facilities Plan Update included a wastewater transmission system hydraulic model for future conditions in 2000 and 2005. The wastewater model was nm for year 2005 conditions ',,,5th the addition of buildout (3'ear 2010) flows from the Livingston Road Corridor. In order to evaluate year 2010 conditions flows to MPS 103.00 were estimated by increasing flows based on the estimated percentage of increased in flows from 2000 to 2005. The hydraulic model includes pump stations that pump into Master Pump Station 1.03.00. This model was used to determine force main sizes and head conditions for the nodes in 2010. Table 5 is a summary of the wastewater hydraulic model data. Master Pump Station 1.03.00 has a modeled capacity of 4,018 gpm. for maximum conditions, all pumps in the manifold operating. Peak flows to Master Pump Station 1.03.00 in 2010 including flows from the LMngston Road Corridor are estimated to be 5,805 gpm. The pump station is capable ofpumping 69 percent of the peak flow. The 201 Facilities Plan Update hydraulic modeling recommended that master pmnp stations pump 60-80% of the peak flow which accounts for collection system storage and diversity factor (number of manifolded lift stations operating at one time). Model input and output data is provided in the appendix. Camp Dresser & McKee 6295LW 3,58 8,/'25/'~8 REVISED FINAL SEP 0 8 P~;.,,. It) . Table 4 Summary of Water System Hydraulic Model Results 2005 2010-1 2010-2 Dia. Velocity D~a. Velocity Dia. Velocity IPipe (in) (fi/s) (in) (fi/s) (in) (fi/s) 1 16 2.9 12 1.6 16 4.6 2 12 44 12 1.6 16 3.7 3 12 3 12 1.6 16 2.6 4 8 3.5 12 1.6 12 1.5 5 8 1 6 N/A N/A 12 2.4 6 8 I 6 N/A N/A 8 1.8 7 N/A N/A N/A NIA 8 0.2 8 8 0.3 N/A N/A 8 1.3 Note: Velocities provided are for peak hour conditions 2005 2010L1 2010LA Avg. Max. Peak Avg. Max. Peak Avg. Max. Peak Day Day Hour Day Day Hour Day Day Hour Node (psi) (psi) (psi) (psi) (psi) (psi) (psi) (psi) ('psi) 1 67.5 60.4 54.9 70.7 62.2 67.2 66.1 51 44.8 2 67.6 60.7 55.7 N/A NIA N/A 65.7 50.2 42.5 3 68.4 62.2 60.1 70.8 62.4 68.3 66,3 51.7 46.4 4 59.1 53.8 64.3 70.9 62.6 68.9 66.7 52.6 48.7 5 67.3 59.9 58.3 N/A N/A N/A 66.1 50.7 44.9 6 67.6 60.6 55.5 NIA N/A N/A 65.6 50 42,1' Table 5 Summary of Wastewater Hydraulic Model Results Dynabel/Liv. CC Only All Developments D ia. Velocity Dia. Velocity Pipe (in) (ft./s) (in) (fi/s) 1 12 1.4 - 1.7 18 4.0 - 5.0 2 12 1.4 - 1.7 16 3.3-4 1 3 12 1.4 - 1.7 16 2.3- 2.9 4 8 3.1 -3.9 8 3.1 -3.9 5 N/A N/A 12 2,0 - 2 5 6 N/A NIA 8 1.7 - 2.1 Hydraulic Grade Line Flow Dyn./Liv. CC All All Only Developments DeveloCments Node (~) (ft) (gpm) 1 44.7 - 54.8 85,1 - 114 491 - 614 2 35.1 - 41.8 24.5 - 113 260 - 325 3 34.4 - 39.2 73.4 - 95,2 595 - 744 4 32.7 - 36.6 67.4 - 87.3 458 - 573 8 I 36.1 - ,41.8 84.3-1127 708-885 SEP 0 8 1998 8of 12 Reuse Technical Memorandum Livingston Road Water and Sewer Evaluation Recommendations Water Two ahernatives were identified for the water transmission system as follows: Alternative No. 1 - Initially construct a 12-inch water main on Livingston Road (Immokalee Road to Livingston Road E/~r), then construct a 10-inch parallel water main. Construct five additional water mains to serve proposed developments. Alternative No. 2 - Construct a 16-inch water main on Livingston Road (Immokalee Road to Livingston Road E/X,;') which is the size needed for buildout. Construct five additional water mains to ser~'e proposed developments. Costs for the two Alternatives are provided on Table 6. Alternative No. 2 is the lower cost alternative bv 5;558,600.00. The costs are lower because it is less expensive to install water mains during road construction than after the road has been completed, and the economy of constructing one pipeline. Both ahernatives include an 8-inch water main on the East/West segment of Livingston Road. This water main creates a loop which increases system reliability and improves water qualib,. Another potential looping alternative is to connect to the Pelican Strand water main. Ahemative No. 2 is the recommended alternative. Since the Dynabel/Livingston Country Club require a 12-inch water main, the Count>, should upsize the water main on Livingston Road from Ir~m~okalee Road to Livingston Road E/W to 16-inch diameter. Wa s to wa to r A 16-inch force main on Livingston Road' fi.om Inunokalee Road to Livingston Road E./W is recommended to provide wastewater service for the study area. Table 7 provides the estimated costs for Camp Dresser & McKee ~2gSLW 358 ~'~e,/9~ REVISED FINAL Table 6 Water System Cost Evaluation Alternative No. I Pipe No. Item 1.2&3 Unit Cost Quantity 12" PVC Immokalee Rd. to Lwingston Rd. EAN Cost $30 12,000 $360,000 4 6 5 7 8 1.2&3 12" PVC to Dy~abel/Liv. Rd. CC 6" PVC Livings'.~n Rd. N. of Liv. Rd. EAN 12" PVC Liv. ~,d. ENVto Sect. 7 8" PVC Liv. Rd. EJVV for loop 8" PVC Liv Rd. EAN for-Sect. 14 NW 10" PVC Immokalee Rd. to Livingston Rd. EAN Subtotal Construction Cost Engineering Contingency Administration/Legal TOTAL S30 1,400 S20 4,200 S30 4,600 $20 5,700 $20 3,200 $35 12,000 15% 15% 3% $42,000 $84 000 S138 000 $114 000 $64 000 $420 000 $1,222 000 $183 300 $183,300 $36,660 $1,625,260 Alternative No. 2 tl~pipe No. ------ 1,2&3 Item Unit Cost Quantity 16" PVC Immokalee Rd. to Livingston Rd. EAN $30 12,000 Cost $350 000 4 6 5 7 8 12" PVC to Dynabel/Liv. Rd. CC 8" PVC Livingston Rd. N. of Liv. Rd. 12" PVC Liv. Rd. EAN to Sect. 7 8" PVC Liv. Rd. ENV for loop 8" PVC Liv. Rd. EAN for Sect. 14 NW Subtotal Construction Cost Engineering Contingency Administration/Legal TOTAL $30 1,400 $20 4,200 $30 4,600 $20 5.700 $20 3,200 15% 15% 3% $42000 $84 000 $138 000 $114 000 $64000 $802000 $120 300 $120,300 $24,060 $1,066,650 / SEP 0 81,9f 8 / Table 7 Wastewater System Cost Evaluation Pipe No. Item Unit Cost Quantity Cost 1,2 &3 4 6 5 16" PVC Immokalee Rd. to Livingston Rd. EAN 8" PVC to DynabellLiv, Rd. CC 8" PVC Livingston Rd. N, of Liv. Rd. EAN 12" PVC Liv. Rd. EAN to Sect. 7 Subtotal Construction Cost Engineering Contingency Adminis:ra,'ion/Legal TOTAL $30 $30 S20 S30 15% 15% 3% 12.000 1,400 4,200 4,600 $360 000 $42 000 $84 000 $138 000 $624 000 $93 600 $93 600 $18 720 $829 920 Reuse Technical Memorandum Livingston Road Water and Sewer Evaluation the wastewater transmission system. The Dynabel/Livingston Road Country Club project requires a 12-inch force main. Thus, the Courtb' should upsize the force main to 16-inch diameter to accommodate future flows. A master pump station is not recommended for the Livingston Road Corridor since it is relatively close to MPS 1.03.00. As flows in the Iv[PS 1.03.00 increase over time, the pumps will require upgrading. At buildout, the Dynabel/Livingston Road Country Club developn~ent will use approximately 11 percent of MPS 1.03.00 capacib,. The entire Livingston Road corridor including Dynabel/Livingston Country Club will require 58 percent of MPS 1.03.00 capacib, at buildout. The timing for upgrading the pumps in MPS 1.03.00 will depend on the rate of development in the pump station ser','ice area. When flows fi.om MPS 1.03.00 are at 60 percent of peak capacity, or approximately 2,410 gpm, the County should begin upgrade ofthe new pump station by updating flow projections for the pump station service area and selecting new pumps. Reclaimed Water Service The existing reclaimed water transmission system includes a stub out for a 12-inch reclaimed water main to serve the Livingston Road area. Based on a velocity of 4 feet per second, a 12-inch reclaimed water main has a capacity of 2.0 mgd. Based on a reclaimed water application rate of 0.76 inch/week and a 2.0 peak factor, a 12-inch reclaimed water main could serve approximately 340 acres. Hydraulic modeling would be required during the plarming phase of the reclaimed water main extension project to confirm capabilities and pressures based on the locations of the actual reclaimed water users. Additional system storage capacity would be required to provide reclaimed water to potential users in the Livingston Road area due to existing commitments for reclaimed water and the need for additional seasonal storage to meet peak demands. Camp Dresser & McKee 6295LW, 35B &"28/g8 REVISED FINAL SEP 0 8 1998/ Appendix ~._/7 _ : I SEP, O 8 lS~8 / Water System - Year 2005 Nodes - Demand gpm Pipes - diameter 2085/R Water System - Year 200q-- ~---~-~J~--/ Nodes - Elevation, ft ! SEP O 8 1998 Pipes - Length, ft ! .PG' /~..i Uax~mum Day Demands 1 SEP 8 lSS8 · P$o Water System - Year 2005 P(pe$- Yeloc(ty. Nodes - Pressure, Psi .8 .G .G .4 SEP 0 8 lSB8 T W~te? System- Year 2005 Peak Hour Demands Water System - Year 2005 Pipes - Velocity, ft/s Nodes - Pressure, Psi .? SEP 0 8 1955 ..1 14ater Sfstem - fear 200.~ Pipes - Velocity, ft/$ Nodes - Pressure, Maximum Day With Fire Flow Water System - Year 20]0 Nodes - demands gpm Pipes - diameter, in. SEP 0 8 ISSS SEP 0 8 1~8 Water System - Year 20]0 Nodes - Elevation, ft Pipes - Lenath, ft Haximum Day Demands ! SEP 0 8 1S~8 / Water System - Year 2010 Nodes - Pressure, Psi Peak Hour Demands - < 2.8 SEP 0 - Water System - Year 2010 Hodes - Pressure, Psi Pipes - Velocity, ft/s 010L1 Average Day Demands Water System - Year 2010 Nodes - Pressure, Psi SEP O 8 1SY8 .~...~_ PG. m,~.~ --. _ 010L1 Maximum Day wi th Fire Flow Water System - Year 2010 ~;odes Pressure, Psi Pipes - Velocity, ft/s 2~ 12 I~a ter S Nodes - i SEP i 8 1598 - ~q~..~ fstem - far zuz'lY Demand, opm E91gL 33~. :j:~--'--~r 33G4.G-K NO. A~dA J T¥,,,~q I Water System - Year 2010 Nodes Elevation, ft Pipes - Length, ft .4 Haximum Day Demands SEP 0 8 1S98 Water System- Year 2010 .2 Peak Hour Demands 3,G Water System - Year 2010 Nodes - Pressure, Psi Pi~es - Velocity, ft/s SEP 0 8~1~ .l .2 Average Day Demands i SEP 0 8 1S98 -~;' ~ee;..j'~ ~ Water System - Year 2010 NoUes- Pressure, Psi 1~ ~r~-Z_` < ~ flaximum Day with Fire Flows Water System - Year 2010 ~des - Pressure, Psi Wastewater Nodes - Pipes - System- Year 2010 Peak flow, gpm diameter, in. m 2~ 2~ -~ee ~ Wastewater System- Year 2010 Nodes - Peak flow, gpm Pipes - diameter, '~n. LIViNW 100% Peak Flow- i ... ~.~¥~.~ I I SEP 0 ! Nodes - Peak Pipes - dia~ter, in. -~ee 80% Peak Flow - All Flows < .7 Wastewaer Sys':~6m -" ~ear , Nodes - HGL, ft Pipes - Veolcity, ft/s -~ee 80% Peak Flow - Dyn/Liv CC Only SEP 0 B 15~8 Wastewater System- Year 2010 /(odes - HGI., ft Pipes- Velocity, ft/s ( SEP 0 8 1S~w 100 ~ Peak Flow - All Stations Wastewater System Year 20]' Nodes - HGL, ft Pipes - Velocity, F,_/~ P8 11 DYNABEL PUD P7 LIVINGS OAD CC JNTRt' .-'.LU B P4 P6 ,/ P5 NOS 14 IMPERIA: L. GOLF T I · LIVINGS ON RD PALM, RIVER IMMOKALEE RD. (c.R. !.3 N W NE P1 24 WILLOUGHB"r ACRES N RD. E/W PELICAN STRAND CARLTON% LAKES ,, A SEP 0 8 IS93 ! ~G. -Y¢'~ Camp Dresser & McKee Water Transmission System Collier County Livingston Road Corridor DYNABEL PUD IMPERIAL GOLF' LIVINGSTON RD. 23 PALM RIVER IMMOKALEE RD. (C.R. 846) LIVINGST COUNTRY I:::LUS ! I P6 P4 P5 /INGST~ 24 WILLOUGHBY ACRES N RD, E/W PELICAN r-. STRAND m /-CARLTON LAKES .3:3 Dresser & McKee SEP 0 8 IS~i I Wastewater Forcemain System Collier County Livingston Road Corddor ]EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE CONTRACTORS LICENSING OBJECTIVE: To declare a'vacancy on the Contractors' Licensing Board and to direct staffto issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 92-42, Section 4, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to tmusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half oft.he Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Con'u'nission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactoD' excuse. The Commission shall review the Board Chairman's notification at a {~om.mission meeting and shall declare the Board member's position to be vacant if the Conunission ncurs that the Board member was absent from two consecutive Board meetings without a safisfactoD' excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at an>' meetings after his or her position is declared vacant. C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from the Chairman of the committee requesting that the Board of County Commissioners declare Thomas Megger's position on the Contractor's Licensing Board vacancy due to his lack of anendance on the committee and direct staffto advertise to fill the vacancy. FISCAL IMPACT: NONE 0ROWTH MANAGEM ,~T IMPACT: NONE ~COMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Contractor's Licensing Board and direct staffto issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: ~ate: Sue Filson, Administrative Assistant Board of County Commissioners SEPTEMBER 8, 1998 AGENDA ~T__EM No. SEP 08 Pgo~ / Aug-2[-98 0[:53P e3egance ~n p3umb~ng P.02 Date: To: From: Re: Collier' Cou:%t¥ Chairman, Coil ie~- Cou~%ty Licensing Board Board Member Thomas A. ALtn: Sue Flison Per Cc~llie~ C~)unt¥ Ordingnce 90-~05 as amended, Mr. Meggor has been absent more Lhen Lhc prc.~czil~.;; J~m~ts therefore p~ompt.~ng a need fo= replacem,.nt. The attendanc<, of this board is ~mpe~'a[ive as no bus,ness can bc conducted withe)ut the required qu¢;rum. i recommend his pos4 t~o6 O~ Linc board be t e£minated and a replacement be 8poointcQ au ~ur.~n as possible, preferably an electrical cont£actor. 'J?.h.d~ .' Yuu, G~'y b'./I.~a,ye.% 'Chairm~ Collier County Control. tots L;CC,~$1F~g ~ourd AGE NOJk.~-tI~ ~o._/c~/' -- SEP 0 8 1998 pg.__ COLLIER COUNTY GOVEP %,IENT COMMUNITY DEVELOPMENT AND ENVIRON.',IEXTAL SER'v'ICE$ Di\-ISIOX July 13, 1998 2S00 NORTH HORSESHOE DRIVE NAPLES, FLORIDA ~-'~ Mr. Thomas Megger 4:5 Henderson Drive Naples, Florida 34114 Dear Mr. Megger: You have been absent from the last three scheduled Contractor's Licensing Boar/ Section 3.1.3 of Collier Counts' Contractors' Licensing Board Ordinance ~97-68 r."2ds ~.s follows: ' A member ofthe Contrac:ors' Licensimz Board ma,,' be removed from office for any cause .,aj,.r .... ~,. c, tnz Co!her ........ e,-- ........ ..... ,., .-. _,-.~ .Cc,.,,t., B,..,,.,d o, ,.oun,: Ccmm;ss~cners. If.'.;';',':-,:.,,..,-'..-. :--.',. ..... ~, ,~xo o~,nree successive board meetings without a satisfacto,-,, excu--'-]:: '."'. ' ........ approval cf the chairperson ef~he Contracto'~s' Licensing Board, the Contractors' L,c ........~,. Board sh:,l] re,4uest that the Collier County Board n£Counly Commissioners C,~.".;o..,, member's office vacant and promptly fill the vac~t;.:y. Please advise me/f>'ou are planning to continue to serve on fi'tis board and will be abJe to the August 19:1~95 meeting. Also the phone number you provided of 417.:55~, family Ihat does not have any knowledge of you. SincereI:.,, Thomas Y. Bano¢ Licensing Compliance Officer Telephone #941-403-2450 AGENDA ITF..,M .o. SEP 08 1998 Pg. ~ Building Review & Permitting (94I) 403-2400 Natural Resources (941) 732-2505 Code Enforcement Housing & Urban Improvement (941) 403-2440 (941) 403-2330 Planning Services Pollution Control (941) 403-2300 (941) 732-2502 AGENDA ITEM No.~ SEP 0 8 Igg8 Contractors Licensing Board Work Phone Appt'd Exp. Date ttome Phone DateRe-appt 2ndExpDate 2nd Term Les Dickson 202 Monterey Drive Naples, FL .54119 District: 3 Category: Roofing Contractor 643-1616 06/11/96 06/30/99 3 Years Thomas A. Megger 4920 Molokai Drive Naples, FL 34112 District: 1 Category: Electrical Contractor 732-8656 07/22/97 06/30/00 3 Years Humbert Gressani 3225 Duchess Drive Naples, FL 34112 District: 1 Category: General Contractor 01/04./94 06/30/96 3 Years 775.5881 6/11/96 06/30/99 3 Years Richard E. Joslin. Jr. 455-5000 595 13th Street. N.\V. Naples, FL 34 t 17 District: 5 Categoo': Licensed Commercial Pool/Spa Contr Robert P. Meister 22 4th Avenue South Naples. FL 34102 District: 4 Category: General Contractor 2624565 Daniel Gon. zalez 745 12th Avenue. S.. Suite AA Naples, FL 34102 District: 4 Category: Residential Contractor 434-8696 Arthur F. Schoenfuss 5110 Seashell Avenue Naples, FL 34103 District: 4 Category: Engineer 06/'11/96 06/30/97 1 Year 7/22/97 06/30/00 4 Years 04./18/95 06/30/97 2 Years 7/22/97 06/30/00 4 Years 11/07/95 06/30/98 3 Years 6/16/98 06/30/01 3 Years 597-7544 06/13/95 06/30/98 3 Years 649-6345 6/16/98 06/30/01 3 Years FFtdne~da),, June 17, 19911 Page I of 2 AGEN ITEM SEP 08 1998 llllll[ll [Ill[ I Illl - - mm[a[ia[nm[n , ,,,, ~i Contractors Licensing Board lVame IVork Phone A£,ot'd Exp. Date Term Home Phone DateRe-appt 2nd£x~Date 2nd Term Gar,,' F. Hayes 643-2431 1473 Curlew Avenue Naples, FL 34102 District: 2 Category: Speciahy Contractor;Plumbing 09/26'95 06/30'96 - 1 Year 6'I 1/96 06'30;99 ~ Years William T. Lewis 3416 Caloosa Street Naples, FL 34112 District: 4 Category: General Contractor 732.8700 06/16/98 06,'30/01 3 Years 732-8700 This 9 member board was created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate cit7 limits of Naples or shall be recammended IQ the BCC by the Naples C~'! Council. Members are required to file a Form 1 Statement cf Financial Interest each year w~th the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 97-68 FL ST..~ T: 489 5'mfS' Ed Perico, Building Review & Permitting Director:: 403-2400 O Wednesda),, June 17, 1998 Page2 of 2 SEP 08 FJ98 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 10, 1998, on the Collier County Airport Authority. CONSIDERATIONS: This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County. with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, f'mance, accounting, engineering, natural resource conservation or other related fields. There shall be at least I member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. On June 29, 1998, George W. Barton resigned from the authorit>' after qualifying as a candidate for the upcoming election. A press release was issued and resumes ,.,.'ere received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Eugene Schmidt n/a 4 yes none Thom;~ A. Ryan n/a 4 yes none Nancy B. Fessenden n/a 3 yes none George W. Ba~on n/a 4 yes none Charles Krout, Jr. rt/a I yes none COMMITTEE RECOMMENDATION: No recommendation. FISCAL IMPACT: NONE GROWTtt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Cour, ty Commissioners consider the applicants requesting appointment; appoint one member to fulfill the remainder of the vacant position; and direct the Count>' Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 15, 1998 AGENDA ITEM NOo._d_~.~L_~ SEP 0 8 998 COLLIER COUNTY AIRPORT AUTHORITY MEMORANDUM TO: FRO,XI: RE: DATE: Sue Filson, Administrative Assistant/-"-".x Board of Count), Commissioners/, John H. Drurv, Executive Director/ Airport Authority August 19, 1998 I have reviewed the resumes and all the applicants appear to be qualified. JHD:gdh H:g.19.gg Filson.Authori~ AG£ ND~4'r~I~M No.~ MEMORANDUM DATE: August 7, 1998 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant~,''~'''. Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the count3"s advisor), committees. Please let me know if those listed below are registered voters in Collier Count3.'. Also. please list the commission district in which each applicant resides. AIRPORT .AUTHORITY Gene Schmidt 383 Harbour Drive 205 Naples, FL 34103 Thomas A. Ryan ,2k1"79'~.~"/ 1905 gth Street South Naples, FL 34102 -,~'-,~ Na.ncv B. Fessenden 4660 5th Avenue. S.W. Naples. FL 34119 George W. B,'m'on 1155 Sandpiper Street, Suite D7 Naples, FL 34102 COMMISSION DISTRICT Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Thank you for your help. AGEND/~ I,~TEM SEP 08 1998 Name Airport Authority Work Phone Appt'd Home Phone DateRe.appt 02/I 5/94 394-4104 8/26/97 Exp. Date 2ndExpDate 08/10/97 08/10/01 2nd Term 3 Years 4 Years 6574171 08/10/93 08/10/97 4 Years 8/26/97 08/10/01 4 Years ~°'~'%' q$ 08/10/93 08/10/95 2 Years 732-1268 8/15/95 08/10/99 4 Years 08/10/93 08/10/95 2 Years 5664374 8/15/95 08/10/99 4 Years Monte Lazarus 785 Birch Court Marco Island, FL 34145 District: 1 Category: Attorney Stephen L. Price Highway 29, South Immokalee, FL 34142 District: 5 Category: Pilot/Businessman George W. Barton l'e$i~a'''''''~- 1155 Sandpiper Street, Su Naples, FL 34102 District: 4 Category: Financial/Plmnn[ng Michael Williams P.O. Box 413005 - 334 Pir ONaples, FL 34101 District: 4 Category: Marketing/Logistics MGMT Ernest Spineili 106 Tuscana Court. ~703 Naples, FL 34119 District: 3 Category: AirporvT..ngineer/ng Herbert H. Noren Box 299 Chokoloskee, FL 34138 District: 5 Category: Aviation Richard W. Anderson P.O. Box 337 hmnokalee, FL 34143 District: 5 Category: Military/Aviation 08/10/93 08/10/97 4 Years 353.-4138 8/26/97 08/10/01 4 Years 11/05/96 08/10/99 3 Years 08/26/97 08/I0/01 4 Years 695-2815 657-3087 AGENgA~ ~'EM No .._L(~_..__ SEP 0 8 1998 Airport Authority FVork Phone Appt'd Exp. Date Term ~'arne Home Phone DateRe-appt 2.dExpDate 2nd Term This 7 member authority was created on June 22. 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Coil;er County with business ability and experience in one or tf~ore fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a quarreled candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County. or Municipal level shall be appointed to, or be a member of. the Authority, Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Staff.' John Drury, Executive Director, Airport Authority: 403-2326 1997 Page 2 of 2 S£P O8 lgg8 ~EMORANDIj'M DA'IE: TO: FROM: August7,1998 John Drury, Airport Authority Executive Director Sue Filson, Administrative Assist ' Board of County Commissioners RE: Ah'pon Authority As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Gene Schmidt 383 Harbour Drive 205 Naples, FL 34103 Thomas A. Ryan 1905 8th Stree~ South Naples, FL 34102 Nancy B. Fessenden 4660 5th Avenue, S.W. Naples, FL 34119 George W. Ban'on 1155 Sandpiper Street, Suite D7 Naples, FL 34102 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 If you have any questions, please call ~ne at 774-8097. SF Attachments AGENDA IT.EM ,o. .. SEP 08 1998 August 5, 1998 Sue Fi]son, Admin~_~'ative Assistant Co,er Board Of County Comm~-~ioners Administration Building 3 3301 Tamiami Trail East Naples, FL, 34112 RECEIVED AUG o 6 1 S8 Board of County C0.?~iss loners Please enter my name as a candidate for the advertised open position on the Collier P~ note the attached resumes for your records and distn'bution as appropriate. I My address is as it appears on the ]etterl~.ad above. Also, my telepbone lu~ fax number /s: 941-263-3444. Tha~ you for you~ ~ ass~ aM please, also thank S~, for her courteous phone res~ses to my questions. NAPLES, FLOFdDA 34103 %,- ~ "'. ' .' "Refcrcnce: ^ttachmc~ to applicatk)n requesting appointment to the Coil/er County Airlx)n Authority, for Gene Schmidt. The foIlowing is a brief resume of my professional career and public service. I. Except for time spent in the miIitary durin~ the Korean conflk~t, my entir~ profcssional career was spent with Northwest Airlin~ which includcd various positions as chief Engineer, Pilot Instructor, Check Airman and Test Pilot, retiring in 1988 at the mandatory retirement age for a Boeing 747 Captain. 2. A Naples resident since 1979. 3. In 1987 appointed to serve on the first federally funded FAR part 150 Study for the Naples Airport. ' 4. Appoh'~ted to thc Naples Airport Authority Board of Directors in 1990 and completed that assignment in 1994, after serving two terms as Chairman. During thai period, a new control tower was built, along with numerous projects involving the securing of Federal and State fuming, and my participation on a vm-iety ofaviafion rehted committees. 5. Presently serv~g as a member of the "N~les Airport Noise Compat~ility Committee" ~ it's "Pubic Awareness" zub-comminee. 6. Currently act as an FAA S~ety Counselor for General Avi~ion, working under the direction of the Miami FAA District Offx~. ..:. : , 7,. SinSe' .1996, have ~ntin_ued as President ofthe Harbour Drive-Gult'Shore Blvd ".. · .: '~::.!';.?,/:. · .~ .~tio~ represemm~ lbny nme condominiums and co-ol:m'tive~, officen and :.:,':'5.~."~:, i,, :':'. · - Irg~Tglg'l:lI~ " , ~, , ['t;h.j'..l.;.~,o~;',~ ')",.::: '....':.. - '. : . . ,: i .- :.' '-.' .:*.- i" :, .. :.:' ..'t '"" )::':::.'~i." "" ":'~' '" :' "- ":" "~"~":' ": ':" " .... : ~.,: ....-..c..,=~'.~,,., Pre~ sen= on the t~idents Council, {Collier county) and ~. ,,~cms -:: ~ .:~.~.~".-. :. :, i.':4'.. ~. . ...,, :,.i->.,.-,~::.:,.,. ;, . . · .~. ;'- ' ,"- ':f ' .C-'-~' :,'¢~..~.:.4". ~. ~ o .' ":' ~.;, x-,.:.,.', ,. · x,, ,', ..... t '~'- .~:,, ',: '~. · ~'>~,-:'>: ':; o ~- ~ ~c ,, -,"- .- ,., ,~,~..-~ ~-, '.,,, -~"--', ",- ~..,t ~l;~:::~l~:~a , .- · . .~:..,.~...~. ..~ ,% %, .... ~ , ~..-~ ... . .... .~ ~ .... ~,:.,~.,._.~ .... . . .~$.Roai:ls -,......, ,. .-,. ....... Ir.,a..-.,. · .., ~....,,.,...~ g~: ~~....,, ~,.~..~,., ~, ~.,, ...... ,. · ' ,;ILS · · ' -~- ": · "o, 'x2~-':e"~' ~"I:~'Y-' :':~..r. 'i · ,.: i.':' ;'· ........ ""' '" .... '" "': "":"' .... · ,.., ~.y=ra ~'~e~ ,;~: : · -, .... ,.~ ~ ..,. .,. - · ...... ,!:;.~, ..... ~,.< :~ ·, . .... .:...~.. ,. ........ ~.~..,;~ .. , ·..,,...~.. ...... . ~ .... .: ,~*. ,~ .... tS., , ~. '.~ .. ;... ~ . .~-. ~,:---,~i ~7,,-~,;~'~.~ ?..-~,- : ..'. : ,.',..e ;-:?: ' · :; .:~,~e.':;,';'~ ;*.*" . . ' ':' ;;" ;'~"'"*~"*' *' ~ "°? ' ' * .... ' *';' .,"-" . ,-..-.~.~'.;~;;.,..;:-~.:. : "..;., : . . .. ,: -.. . ?.. ,. .... .., . : .'.. ;..~,' :.,:~ -....~.;: ..'-.~.' '...' . - .i~..:.'i:.'. . ': '"' ~ .... ' ' · . . · ...,, -, *%'~,"~.. . . . ""~ '" ~' " '"" , .":.,'r;."',,~.~~ ?-, · ,,¢' '.' · · ' ,, ' ;'~ ...%?--- . ' - ~ :, The Collier Co z~w°rk, mxlcr thc direction of:Mr. John DrafT, bas a valuable 3ssct to our area. Ifappoint~l, it would be m~ tx)pc to be able to txulicipai¢ :'X' ":' :'""" ' °ff'J~' P0'ss~ f°r ~r°wthand pr°spc~ t~t can result from careful planhla~ and the .. .:., ~:.'-~'.. · 3::??::;: dc;v¢lopmmi ~.fa dynamic strat~s7 for it's success. .. [ would bc pleased to be apart ot'tha~ pi'oct,! '. Thank you for your coasideration. ~41-26~3-3 ~ .- -- :. August 3, 1998 Sue Filson, Administrative Assistant Board of county Commissioners 3301Tamiami Trail East~ Naples, Fla. 34112 Dear Ms. Filson, I should like to apply for the vacancy on the collier county Airport Authority. At the present time I am a member of the Naples Airport Authority Noise Compatibility Committee and also have knowledge of the Authority's workings as I have attended of their meeting~c If I were on The Collier Authority I would push for a closer working rlationship between the two groups as I feel they have many areas of common interest. At the present time I am working with your executive director, John Drury in trying to convince Rare Aircraft, a manufacturer and restorer of vintage aircraft to relocate to the Immokalee Airport. I initially purchased our first residence in Naples in 1978 and became a voting resident 3 years ago. I am involved in several real estate projects including a strip center on Estey and Airport Road, an industriqal building in Corporate Square, and plan on startng a shopping center on Bayshore this fall. several A brief resume is included. Thank you for your consideration. SEP 08 FJ98 Sincerely, 1905-8th St. So. Naples, Fl. 34102 Thomas A. Ryan Born Marshall Minnesota May 16,1929 Graduated Marshall High School 1947 Graduated University of Minnesota 1951 Bachelor Business Administraion U.S. Army 1951-1952 Sales Engineer Honeywell 1952-1955 Sales Engineer American Standard 1955-1970 Started Ryan Co. 1970, Burner Service Co. 1973, Pneumatic Controls Co. 1974, Energy Resource Systems 1980 Semi retired 1992 but continue in land developement projects. Married Patricia 1951 seven children, seven grandchildren Our Lady of the Lake Catholic Church Co~i~ President 4 years St, Ann Church Lector and founder visitors envelope program Collier Harvest Member board of Trustees Lafayette Country Club former member Board of Governors ~!ember Windstar Country Club Member Naples Sailing and Yacht Club Member Experimental Aircraft Association and Classic/Antique Division Former private pilot and from a family involved in aviation. Interests golfing, running,boating gardening. AGEND~ ITEH SEP 08 i998 Collier Cty Board of Commissioners 3301 E. Tamiami Trail Naples, Fla. 34112 Dear Commissioners: 4660 5th Avenue SW Naples, Fla. 34119 July 29, 1998 Having participated as an onlooker and 'cheerleader' to the successful efforts of the Collier County Airport Authority in rejuvenating three local airports, I would like to throw my hat into the ring and be considered for appointment to this organization. As a pilot, I have been impressed by the integrity of the CCAA Board Members to upgrade the facilities, attract aviation and aviation-related businesses, while promoting safety and quality in services. Enclosed is a brief resume for your consideration and review. I welcome further contact for any further clarification or questions, and look forward to an opportunity to become involved in promoting general aviation in a safe and productive manner. Sincerely yours, Nancy B./Fessenden SEP 08 1998 NANCY B. FESSENDEN 4660 5TH AVENUE SW NAPLES, FLORIDA 34119 352-7282 OBJECTIVE: Appointment to the Collier County Airport Authority EXPERIENCE: Quest For Kids 2706 S. Horseshoe Drive Naples, Fla 34104 March 1998 to present Part time Site Coordinator London Helicopters/Smith Aerial Photography Naples Airport Naples, Florida 34104 The Willough at Naples 9001 Tamiami Trail Naples, Florida 34108 March 1997 to March 1998 Part time Asst. to Business Mgr. Jan 1992- Sept 1996 Psychotherapist/Program Dir. Broome Council on Alcoholism Main Street Binghamton, NY 13905 Jan 1990-Jan 1992 Program Coordinator State University of NY at Binghamton Vestal Parkway Vestal, NY 13850 Aug 1988 - Dec 1989 Academic Advisor/Health Systems Coordinator AVIATION EXPERIENCE: · Private Pilot License (450 hours) + Transport Pilot, Naples Civil Air Patrol · Angel Flight Inc., Mission pilot · Naples Pilot Association, Member · Cessna Pilots and Owners Association,.Member · Aircraft Owners and Pilots Association, Member · Cessna aircraft owner (Partial) · Touch n Go magazine, Southwest area correspondent AGEND~ ZTEH SEP 0 8 lgg8 EDUCATION: State University of New York at Binghamton * Bachelor of Science in Liberal Arts 1977 · Master of Arts in Social Science, 1990 MILITARY SERVICE/ORGANIZATIONS · United States Marine Corps, Corporal, 1967-1969 · Marine Corps League · Vietnam Veterans of America, Inc. · Naples Civil Air Patrol AaE.9 SE? OB lggB Jul>, 24, 1998 Ms. Sue Filson Administrative Assistant Board of Count), Commissioners 3301 Tamiami Trail East Naples. FL 34112 Dear Ms. Filson: Enclosed y'ou will find my resume for a reappointment to the Collier County Airport Authoritx. [ feel that nLv past experience on the Authority will be a great heip as we continue to press forward in aviation here in Collier Count5'. Thanking you for your consideration. I remain, Sincerely. rge ",V Barron George W. Barton, Sr. 1155 Sandpiper Street, Suite D7 Naples, Florida 34102 Home 941-732-1268 Car 941-250-8690 E-mail barronsr~aol.com OBJECTPv'E: BUSINESS EXPERIENCE: Pursue to reapply for a position on the Collier County Airport Authority. A VLATION EXPERflENCE: Barron's Financial Planning 1984 to Present Successfully assisted individuals in the planning and conserving of their estates. Held seminars to large groups of the affluent to assist in u.nderstanding of new tax laws. Prudential Insurance Company 1969 to 1984 Selected as Manager for the Atlanta office. Developed and trained group of 44 permanent agents. Chosen as "Manager of the Year" for the entire Southern Region for several years. HILLSBOROUGH CO. AVIATION AUTHOPdTy 1964 TO 1970 Chosen by Governor Haydon Bums as Vice Chairman for this five member board Guided board during the critical design, building and completion of the new Tampa International Airport. Challenged developers in the cost estimates for the new airport. AGENDA IT. Etq Cited by the Governor, news media, and various business leaders for having saved the State of Florida 3.5 million dollars in construction costs for the new airport. Experience in Customs, Free Trade Zones and other areas important to the growth of the Collier County Airport Authority. COLLIER COUNTY A.DLPORT AUTHORITY 1993-1995 Served as first Chairman of the Authority and members beginning in 1993. Have past experience in Free Trade Zones and Customs. Private Pilot Owned and operated, until recently, a Cessna 210 Aircral~. Personally flown hundreds of hours tlu'oughout the United States. Currently licensed private pilot. EDUCATION: Georgia Tech., Bachelor of Science. Naval Science Georgia Tech.. Bachelor of Science, industrial Engineering EXTRA CUT,.R_ICULAR: 3 '.'ears Georgia Tech. Varsity Football, Center position. Naval ROTC SAE Fatemity MILITARY SERVICE: UNITED STATES NAVAL RESERVE, (retired) Naval Officer PERSONAL INTERESTS: Flying. Computers, Golf, Fishing and Travel References and further data on request .o. SEP 08 1998 ~ .............................................................................. r ...................... II III 87- -S8 18:13 g41] ]341 8 KEBT 881 July 22, 1998 Sue Filson Administrative A~i~tsnt Board of Coumy Commissioners 3301 Tuniami Trail Esst Naples FL 341 ! 2 Fax 774-3602 Orderings: Plesse consider my ~plication to become a member o£the Collier County Airport Authority. I w~ bom i.n Philadelphia Pa. A graduate of'the Philadelpkia School System. Trained ss a Mechanical Engineer. WW II Veteran USN Salesman and Sales Executive 24 years in the Grapl~cs and Business Machines fields. 17 years President and CEO of'an Executive Search firm (Sales Executives) Lifelong in£e~est in Aviation. Pd~te Pilot (ASEL) Certified Ground Instructor, Instrument, Advanced (FAA) Lieutenant Colonel Civil Air Patrol Comm~nder Group $ Florida Wing Master Observer "Snowbird" since 1971 Collier County Resident since 1991. first M~co Island, presently Lely Resort. Active in various volunteer organizations. responfully, Om'les grout Jr. OBJECTIVE To appoint 1 member to fulfill the remainder ora vacant term, expiring on October 1, 2000, representing Commission District 2 on the Collier County Planning Commission. CONSIDERATIONS: The Collier County Planning Commission has 1 vacancy due to the resignation of Mr. Donald J. York on July 14, 1998. This 9 member committee assists in the fOnmLlation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form I, Statement of Financial Interest each year with the Superxisor of Elections. Terms are 4 )'ears. A list of the current membership is included in the backup. A press release ,.,,'as issued and resumes were received from the following 2 interested citizens: .APPLICANT CAT___._EGORY DIST ELECTOR ADV. COMM. Terri Tragesser District 2 2 yes none Michael $. Volpe District 2 2 yes none COM:MITTEE ~_~__COMMEND_ A'I'ION: No Reconu'nendafion FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP.AC___~.T: NONE RECOMMENDATION: That the Board of County Commissioners consider the applicants requesting appointment; appoint I member to fulfill the remainder of the vacant term; and, direct the County Artomey to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 8, 1998 5EP 0 8 1998 Pg. / MEMORANDUM COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES PLANNING SERVICES SECTION .5¢ TO: Sue Filson, Administrative Assistant BCC FROM: Robert J. Mulhere, Planning Direct?~.~ THROUGH: Ronald F. Nino, Planning Manager :t,~~/ RE: Collier County Planning Commission Vacancies DATE: August20,1998 RECEIVED ,tUG 9 t 1998 ~O~.r~ of ,'.r~unl:.: ,~Om,,.p~.~5 ,.;q.__,. With respect to your memorandum dated August 7, 1998 please be advised that the CCPC has as a matter of policy, decided not to make recommendations regarding applicants for vacant CCPC seats or positions. Staff review of the applicants indicates that both are qualified pending verification of residence in District Two. RFN/mk/fi",plan n ing/r on AGEND& ITEM No. SEP 0 8 1998 AGENDA ~TEH SEP O8 P398 Collier County Planning Commission Work P/tone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term L Michael Pedone 5174 tvlabry Drive Naples, FL 34112 District: 1 Category: Commission District Donald J. York 154 Ambtev.'ood Lane Naples, FL 34105 District: 2 Category: Commissmn District 774-3343 07/16/96 10/01/97 1 Year 775-1158 9/23/97 10/01/01 4 Years 649-1500 03/01/94 10/01/96 2 Years 2624501 10115/96 I0/01/00 4 Years lvlichael J. Bruet 209 Egret Avenue Naples, FL 34108 District: 2 Category: Commission Dismct 2614455 08/15/95 10/01/96 I Year 592-0027 10/15/96 10/01/00 4 Years Gar-,' Wrage 11053 Linnet Lane {~aples. FL 34142 istrict: 5 657-3171 11/05/96 I0/01/00 592-6154 Categoo': Commissmn District Russell A. Priddy 13213 C.R. 858 Immokalee, FL 34143 District: 5 Category: Commission Dismct 657-6661 09/23/97 lO/01/0l Edward J. Oates. Jr. 635 Palm Circle East Naples; FL 34102 District: 4 Category: Commissmn District 262-7160 I0/10/95 10/01/99 Mike A. Davis 6120 18th Avenue, S.W. Naples, FL 34116 District: 3 Category: Commissmn District 4 Years 4 Years 4 Years 643-1777 09/24/91 10/01/95 4 Years 455-2818 10/10/95 10/01/99 4 Years 1998 Page i of 2 AGENDa, ITEIq .o._ /po_ ,. SEP 08 1998 Collier County Planning Commission Russell A. Budd 5960 18th Avenue, S.W. Naples, FL 34116 District: 3 Category: Commission District Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Ternt 6434527 09/21/93 10/01/97 4 Years 455-3070 9/23/97 10/01/01 4 Years Karen E. Urbanik 1558 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District 643-6058 02/03/98 10/01/99 /,5 Years This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09103185 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09124185, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in ~e formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement cf Financial Interest each year with the Supervisor of Elections. Terms are 4 years. FL ST.4 T: Staff: Wayne Arncld. Planning Set,rices Director:: 403-2300 Wednesday, February 04, 1998 Page 2 of 2 N~?END, A ITEM MEMORANDUM DATE: TO: FROM: August 7, 1998 Vinell Hills, Elections Office ~, Sue Filson, Administrative Assistant.[/'}' Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners 9511 soon consider the following individuals for appointment to one of the county's advisory, committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COLLIER COUNTY PLA.~ING COMMISSION Terri Tragesser 208 Hickory road Naples, FL 34108 Michael J. Volpe 131 Edgemere Way South Naples. FL 34105 COMMISSION DISTRICT Thank you for your help. No. SEP 0 8 1998 DATE: TO: FROM: August 7, 1998 Robert Mulhere, Current Planning Mana~,5[//t Sue Filson, Administrative Assistant Board of County Commissioners ~ Collier County Planning Commission As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Terri Tragesser 208 Hickory road Naples, FL 34108 Michael J. Volpe 131 Edgemere Way South Naples, FL 34105 Please let me 'knox,,', in ,,,,x/ting, the recommendation for appointment of the advisor).' committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. ]'hank you for your attention to this matter. SF Atmckments AG£ND~ IT£N ~o._/cnC_ _ ( S£? 08 TERRI TRAGESSER 208 Hickory Road Naples, Florida 34108 941-597-7719 Ms. Sue Filson Administrative Assistant Collier Count)' Board of Commissioners Collier Count3, Government 3301 Tamiami Trail, East Naples, Florida 34112 SUBJECT: Application for District Two Planning Commission Vacancy Dear Ms. Filson: Please consider this letter and enclosed resume my formal application for the Planning Commission vacancy currently being advertised. Most of mv 22 years of residenc~' in Collier Count3' have involved communit)' participation. At each level of involvement I have made a sincere commitment to become 'knowledgeable as to the subject matter and scope of the responsibili~'. The last several years of participation in civic and government advisor)' committee work have prepared me for understanding the role and importance of the Planning Commission fi.ruction in Collier County government. Should you require additional information or have any questions relating to this request, please do not hesitate to contact me at 597-7719 or fax at 597-6108. Sincerely, AGENDA ITEH .o.,, ¢ SEP O8 lgg8 Pg. ~ TERRI TRAGESSER 208 HJcko~- Road Naple~. Horida 34108 Phone 941-597-7719 Fax 941-597-6108 E-mail trag¢~ser ~napl~nct.corn ' .EMPLOYMENT Urban Land Institute (1998-Present) SW Florida Administrative Director Southwest Florida Land Preservation Trust (1991-1994) Executive Director · Organization management · Board and committee management · Budget preparation · Public communication/fundraising Greater Naples Civic Association (1987-1990) Executive Director · Organization management · Board and committee management · Budget preparation · Public communication/newsletters/membership facilitation Southeast Bank, N.A. (1984-1987) Administrative ,Assistant to CEO/Board &Directors · Organization and coordination of board meetings · Day to day support to CEO Naples Community Hospital, Inc. (1976-1981) Administrative Assistant to President · Coordinated board &trustees meetings and follow-up actions · Coordinated medical staff meetings and follow-up actions · Restructured and implemented medical staff credentials review · Developed and implemented medical stafforientation program · Maintained board and medical staffby-laws for accreditation compliance .E. DUCATION Barry University Professional Studies/Communication AGE NDp/~TEM No. , ,,,- C~ SEP 08 FJ98 COMMUNI'IT INVOLVEMENT · Board of Directors, Collier/Naplescape (1995-present) · Vice-Chairman, Second District Association (1996-present) · Board of Directors, Greater Naples Civic Association (1996-present) · Co-Chairman, FOCUS Urban Design Task Force (1997-1998) · Collier County Advisory Board, Comprehensive Plan Review/Land Use(1996- 1997) · Collier County Technical Working Group for Density and Transportation Issues (Present) AG[ NO ~.~t'T~.~ SEP 08 1998 Pg. FROM : COS SERUICES PHO~ NO. : 941 2G3 949? Jul. 23 1998 10:S~AM Pi 376 Burning Trec Drive Naples Florida 34105 legal assistant out~ourc¢ r,~-,dces by 941-263-1594 941-263-9497 Car~inal@aol.com SUSAN L AI4ZBORN of'Hce e.-mail DATE: July 23, 1998 FAX TRANSMTI'TAI, TO: FAX NO.: Ms. Sue Filson Administrative Assistant Board of County Commissioners 774-3602 PAGES. RE: 3 __ (Including cover page) Michael J. Volpe - Collier County Planning Commission AGE ND~A ITEM Nc) SEP 08 1998 PHO~ NO. : 941 26~ 9497 Jul. ~ 1998 10:5~1 P~ TREISER) KOBZA & VOLPF) Czm,. Thc Horthcrn Trust Building d001 Tamiamt Trail North Suilc 330 Naples. Florida 34103 Telephone (9~ 1 ) Fax (94l) 6~9-0~23 Intcrnct Address: www.t~vnaplcs.com Iuly 22, 1998 R,¢h~ Shapaclr t, W~lliam L Rogcr~ Ms. Sue Filson~ Administrative Assistant Board of County Commissioners 3301 Tm'n.iami Trail E~st Naples, FL 34112 VIA TE LEF. A.X 774-360? RE: Collier County Plan~ing Commission I Dear Ms. Filson: I am im~ested in applying for a position on thc Collier County Platm~g Commission to represent District 2. Enclosed plea.se find a briefresumt az req~rired with ti'tis application, M.J-V :sa , Very truly yours, Michael I.'¥6¥¢ enclosure SEP 0 8 lg98 SERVICES ~ NO. : cj~ll L::~3 cJ~lg? Jul. 23 19CJE~ 10:55~qr~ F3 MICHAEL J. VOLPE 131 Edgemere Way South Naples, Florida 33940 Former Deputy Commissioner and Counsel, New York State Offices of Mental Health and Mental Retardation Developmental Disabilities; former Town Attorney for the Town of Rotterdam, New York and advisor to the town planning and zoning commissions; former Atlomey for the Rotterdam New York Industrial Development Agency which is responsible for the acquisition and improvement of real property th. rough the use of industrial revenue bond financing. Author of article entitled "Stop Gap and Interim Zoning: A Device to Maintain the Status Quo Pending the Adoption of a Comprehensive Zoning Plan"; Recipierrt of the American Jurisprudence and Justinian Awards for Excellence in Real Property and Land Use Control; Member o£ the Property, Probate and Trust Law section of the Florida Bar; Member of the Collier County Real Estate Attorneys Association. Practice concentrated in the areas of Real Property; Probate, Trust and Estates, Estate Plarm5ng; and Corporate, Banking and Business Law. CIVIC AND COMNHJNITY ACTIVITIES: Member of the Tenth Uaiversity President Search Advisory Committee Member, Board of Director~, Naples Family YMCA 1984 (Treasurer 1985 and 1986; President 1987 and 1988); Member, Board of Commissioners, Golden Gate Fir~ Control and Rescue District 1984 - 1988 (Chairman 1985-1986) Member, Advisor3.,' Board of Directors, Southeast Bank, N.A., Naples, Florida Bank/rig Center (1985-1987) Commissioner, Board ofCmmry Commissione=, Collier Count3,', Flor/da. (1988-1994; Vice Chairman 1990 and 1991; Chairman 1992) Member, Board of Truxte~$, International CoLlege (I 996-presenO EDUCATION: Syracuse University College of Law, Syracuse, New York, J.D. summa cum laude, (1967) Syracuse University, Syracuse, New York, Bachelor of Am (1965) Member, New York Bar (1967) Member, Florida Bar (1978) SEP 0 8 1998 Donald J. York 154 Amblewood Lane Naples, FL 34105 July 14. 1998 Timothy J. Hancock, Commissioner District 2 Collier County Collier County Government Center 3301 Tamiarni Trail East Naples, FL 34112 Dear Tim, Per our earlier telephone conversation today I have decided to run for election to the Collier County School Board. In accordance with County ordinances, which do not permit a candidate running for public office to continue to serve on a County advisory board, this letter ',,,'ill serve as notice that I am resigning my appointments to the Collier County Planning Commission and the Collier County Tourist Development Council, effective immediately. I have alv,'ays believed that each and every one of us has an obli,2_ation to give back to the community a little of what our community has given to us. (iver the years 1 have alwavs tried to follow that tenet. It i.s my sincere hope that the citizens of Coliier Count.,,.' will support my candidacy for the School Board. Irrespective &that, I would like to take this opportunity to thank you, in particular, and the other members of the Board of Commissioners, for the trust and .su.p.po.rt you, ~d they, have alv,'ays shown. Rest assured, I will always suppor~ every mmatlve to make Collier County, continue to be, one ofthe finest places to live in America. CC: Sue Filson M~r. ely )nald J. York S EP 0 8 1~98 ~ OBgECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on October l, 2000, on the Historical/Archaeological Preservation Board. CONSIDERATIONS: This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier Count),, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. David J. Driapsa representing the category of Architect resigned on March 31, 1998 leaving l vacancy. A press release was issued and resumes were received from the following interested citizen: AP,PLICA~'T CATEGORY DI$__T ELECTOR ADV. COMM. William J. Tyson Landscape Architect COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE yes none William J. Tyson GROWTH blANAGEMENT IMPACT: NONE RECOMMENDATIQ~__: That the Board of Count.,,, Conu'nissioners consider the recommendation for appointment and appoint 1 member to fulfill the remainder of the vacant term, and direc~ the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Cormnissioners Agenda Date: September 8, 1998 SEP 08 PLAh~ING SERVICES DEPARTMENT MEMORANDUM cfi RECEIVED TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Robert J. Muthere, Planning Services Directtar._~.-/ August 28, 1998 Historic Preservation Board Vacancies Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the t~vo vacancies on the above referenced advisory committee. The vacancies represent the categories of History and Landscape Architecture. Please note that the Preservation Board has reviewed the resumes of the applicants and has recommended that Alex Dusek be appointed as the History member and William Tyson be appointed as the Landscape Architect. If you have any questions concerning this matter, please do not hesitate to contact my office. CCi Vincent A. Cautero Ron Nino Ray Bellows Historical/Archaeological Preservation Board 3lame Work Phone Appt'd Exp. Date Terns Home Phone DateRe-appt 2ndExpDate 2nd Term Jolm W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 District: 2 Category: Archaeology Naples, FL 34108 District: 2 Category: Architect 597-2269 10/15/96 10/01/99 3 Years Lora Jean Young Box 1823 Marco Isla. nd, FL 34146 District: I Category: Citizen-At-Large 09/27/94 10/01/97 3 Years 591-2321 9/23/97 10/01/00 3 Years 09/27/94 10/01/97 3 Years 642-5925 9/23/97 10/01/00 3 Years 10/15/96 10/01/99 3 Years Thomas W. Franchino 2~3-8357 660 8th Street. North Naples, FL 34102 District: 4 Category: Real Estate.:I_and Development -,. LauraRupp Burke '5"a' "Ct 161 \Vest Avenue 514-1261 Naples. FL 34108 District: 2 Categoo': Histo~' 261-9468 03/05/96 10/01/97 5 Years 9/23/97 10/01/00 3 Years Joanne Nlarro Quinn 1084 Sixth Street. South Naples, FL 34102 District: 4 Category: Citizen-At-Large 03/24/98 10/01/98 Diane M. Gonzalez 2654 Poinciana Drive Naples, FL 34105 District: 2 Category: Citizen-At-Large 7 mo. 649-0088 09/01/92 10/01/95 3 Years 434-8696 9/12/95 10/01/98 3 Years ltzcrln~da)', March 25. 1998 Page I of 2 AOENDA IT~EM / S£P 08 lgg8 Historical/Archaeological Preservation Board ]Va/ne VVork Phone Appt'd Exp. Date Term Home Pho/:e DateRe-appt 2ndExpDate 2nd Term This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC Div. 1.22.1 Ord, No, 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulale, and administer historical and archaeological resources in Collier County. under the direct jurisdiction and control of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. ~rchaeolog¥; c, Real Estate, land development, or dinance; d, architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Members are required to file a Form 1 SIstement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. Fl.. ST.4 T: Stuff: Bob Mulhere, Current Planning Manager:: 403-2300 ~'e#nesday, March 25, 1998 Page 2 of 2 SEP 08 1998 MEMORANDUM DATE: August 7, 1998 TO: FROM: Vinell Hills, Elections Office ~..4~/0. Sue Filson,'Administrative Assistant/,// Board of County Commissioners ~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the follov,,ing individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier Count).,. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLOGICAL_ COMMISSION DISTRICT William J. Tyson 732 Hemando Dri ,e Marco Island. FL 34145 Thank you for your help. AGENDA ITE.~ No. ,/0 SEP 0 8 1998 M]EMORANDUM DATE: TO: FROM: August 7, 1998 Robert Mulhere, Current Planning Manager SBU:arFdi 1:~ nd2~y i~i: tr atrnmii'~: i oA~; ir[t~' HistoficaFArchaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William J. Tyson 732 Hemando Drive Marco Island, FL 34145 Please let me know, in v, viting, the recommendation for appointment of the advisory committee within the 41 da.,,' time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. Ifyou have an)' questions, please call me at 774-8097. Thank you for 3'our attention to this matter. SF Attachments AGENDA ITEM Nc) SEP 08 1998 William d. Tyzon 73:2 Hemando Drive Marco Island. F'L 34145-1914 Telephone 941 394 0800 26 JUL 9~ 15oard of Collier County Commissioners ,~,301 East Tamlaml Trail Naples. FL34112 RE: APPLICATION TO BE A MEMBER OF THE COI2.IER COUNTY BOARD OF HISTORIC/ARCH EOIX)GICAL PRESE~A~ON Dear Sirs: I am wrlUng to express my lnter~t In becoming a member of the Collier County B~ard of Hlstortc/Amheologleal Prer, ervaUon. I had been vaeaUonlng on Mamo Island slncr January. 1987 before becoming a permanent resident In July. 1.993. Afler re. tiring with twenty years service from with the U.S. Navy and twenl'y, three year~ In public education, my wife Priscilla and I could hardly wait for the school year lo end in June of 1993. We immediately moved to this Island paradise, Not only do I consider myself fortunate to live on Marco IsIand.! believe that Collier County. with all it has to offer, is the best part of the entire state of Florida. I knew nothing of the unique history of Collier County before retiring here. l suppose being a former educator, it did not take long for my curiosity to be aroused about Ion. al hIstory. I bec~me an early member of the Marco Island Chapter of the Collier County Historical Society and immediately became active with that group. It was with a certain degree of pride when. as treasurer, l signed the check rt-presenUng monies we had raised to pay t~ck some of the TDC Grant FUnding we needed to bring the Key Marco Cat to the Collier County Museum. I know we were the flpst ffnot the only organization thuu far to return any funds to the TDC. Regardleso. In the five years I have Lived here, I have come to realize with the never ending development taking place tn our county as well as the re. st of thc stale, them has to be some proprietary group championing the idea that we must discover and preserve as much of our history as po~tble for futura generations. The .same must Ix' said for our environment. While development and population growth Is Inevllable and Is considered progress, there are mistakes being made whether it be In the Everglach' or Pelican Bay. Some body. or organized group, united in their :Jalnklng, with no pemonal agendas need to be overseers and advlsor~ to the County Commissioners. A.s I that is the [mtTaae, e of the Hlstorlc/Amheologlca] Prr. servaUon Board. Thal is why would very much like to become a member of the tkau'd. What ar~ my qualifications ?? They are primarily In the ar~aa of landscape architecture and history. I was bom into a Quaker farm family and from an early are was Instructed that we wta'e to act as ea.retakers of the earth while we shar~l its bounteous wonders. I knew how to grow things in Pennsylvania. However, ulx)n moving to this sub-tropical island It was a whole different ballgame I Fourycars ago I Joined the Calusa Garden Club in an effort to learn more about what would grow and how to es. re for lt. I have benefited greatly from being a club member. I am pres :nth, the Pre.~ldcnt of thc Calumet Oardcn Club. One of the objective of our club m ti) e~u 'ate. AGENDA ITEM young people about horticulture mhd ourenvlronment. We hav~ been worktng tithNo. /_LQ /~ SEP 08 f998 students at Tommie Barfleld Elementary School for ~n~nu~ ~e p~m ~ ~e ~den~ In ~e n~ Cha~ Middle ~h~l In ~e fmll. I enjoy my a~lia~on ~ ~e · e M~r Ga~ener ~l~ o~c~ In conJ~cOon ~ cou~ and ~oml~ a ~ M~ter G~ener. I have ~n an acUve ~lunt~r ~e ~enslon Offi~ Plant C~ic. I Commlt~e and ~ve ~ ~ C~I~ of~t co~ for ~e ~sl e~ht ~nths. ~e ~laUon I enjoy ~ my ~e~ at ~e H~t CHic. ~ ~ll as ~b Pete~n and ~e o~er ~en~ ~o~ me di~ct acc~ to ~eir ~ow~ge and ~clllU~. Since June of 1~ I have volunt~ at ~unds in ~ effo~ to g~n mo~ hands-on e~ence and ~owl~ge of ~tlve planls Fr~m a HIsmric/Amheological point of view. I hav~ r,~cently b~n m~lected to a second thr~e year term on the Board of Directors of the Marco Island Historicsl Sc~lety. I w~rked with Dr. Wldmer on the Old Marco Dig of 1995. I am intmr~ted In Lhe history of not only Marco Island but all of Collier C~unty. I have. internist in our herlt~ge, whether it be Srnall~mod's Stor~ in Chokolokee.. the Ochopee l:~st O~lce. or l~bert's Ranch In Immoks]ee. I am enrapt by it all l t must say in conclusion. I am a team player with no hidden agenda. ! do not own · bo~t or fish. nor do I pllkv tennis or bridge. That leaves me with sufficient time lo grow things a_nd hol~fully be an as,~t to the Hlstorlc/Amheologlcal Pr~,crvatlon l~oard. Slacer~ly. AGENDa, ~TEM No MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS I I August 19, 1998 The Honorable Barbara B. Berry, Chairman Collier Co. Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Chairman Berry: The Manatee County Board of County Commissioners has adopted a re,solution, supporting the formation of a State-Wide 'Clean Air Task Force.' This Task Force, when established, would initiate sensible goals to reduce air pollution. Technology is already available to reduce air pollution to lower levels in the future than what exists today. This Task Force would bring together information needed to set policy direction to enact legislation. This legislation desperately needed to protect Florida's most important asset: "a clean environment.' I would like to personally urge you and your County to join Manatee County.in drafting a resolution similar to the enclosed copy. The Governor needs to hear from all Counues that our air quality needs to be a priority. This Task Force would set in motion the action needed to protect Florida's quality of life. As Florida grows in population, air pollution is increasing. Many of our Counties are already affected with a haze that hampers the bright clean air we once took for granted. Th is was brought home to us recently when the inversion layer covered our State trapping heat, raising temperatures, creating an unwanted haze and exceeding safe ozone levels for human health. This forced many of our constituents to stay inside to protect their health. There are many causes of pollution, but little is presently being done to establish goals to reduce it. It is time for Counties to become proactive in protecting the quality of air our citizens must breathe. Please place this item on your agenda for adoption of this resolution. I also urge you to place this item on your legislative platform so our legislature can give this issue the attention it deserves. St Enclosure Sincerely, ~ McClash County Commissioner District 7 5EP 0 8 1998 P.O. Box 1000, Bradenton, Florida 34206 · Fax (941)745-3790 * Ph. (941)745-3700 RESOLUTION' R-98-220 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, SUPPORTING THE FORMATION OF A STATE-WIDE "CLEAN AIR TASK FORCE." WHEREAS, pursuant to Section 403.073, Florida Statutes, it is a goal ofthe State to develop and implement strategies to prevent pollution, including public information programs and education pro.ams: and. WHEREAS, Florida growth is endangering our fragile environment; and, WHEREAS, the inversion layer covering our State this year has made us more awm'e of how much pollution our State is generating; and. WttEREAS, the air we breath should be given equal attention to other important issues such as education, crime and transportation: and. WHEREAS, the technoloD' is available to reduce air pollution to levels that would be lower in the future than what exists today: and. WHEREAS, the time has come for Florida to act by forming a CLEAN AIR TASK FORCE which would Evaluate all major stationary, sources in the State. Establish a furore goal to reduce mobile som'ce pollution. Determine pollution control methods and costs associated with pollution control equipment that ',,511 reduce pollution in the State of Florida. Investigate funding methods needed to reduce pollution. Play a proactive role in bringing together the information to set policy direction to enact le~slation which is desperately needed to protect Florida's most important asset: "a clean environment", help ensure a better economy and set standards to preserve the health of the citizens o£Florida. NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners of Manatee Counv:'. Florida. supports the establishment by the Governor ora CLEAN AI~R TASK FORCE to reduce air pollution in the State of Florida. ADOPTED, with a quorum present and voting, this /.~'",X. day of Am ::in. SHO Clerk o£the Circuit Cour~ BOARD OF COUNTY COMMISSIONERS MANATEE COUNTY, FLORIDA · , c k,m / No._ .7'") SEP O8 1998 pg._ "~--,-'~. EXECUTIVE SUMMARY PETITION NO. PUD-98-6 ROBERT L. DUANE OF HOLE, MONTES & ASSOCIATES, INC. REPRESENTING MARK BATES REQUESTING A REZONE FROM "A" AGRICI.K,TURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS OAK GROVE PUD FOR SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL USES WITH A TOTAL OF 550 DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF LIVINGSTON ROAD NORTH AND DANIELS ROAD IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 137 +/- ACRES. The petitioner seeks to have land described herein rezoned fi.om its current zoning designation of "A" Agricultural to "PUD" Planned Unit Development for the purposes of developing a r~idential development on 137.43 acres, providing for six (6) tracts consisting &development areas and three (3) tracts consisting of wetlands, open spaces, lakes and street right-of way. CONSIDERATIONS1 The applicant proposes to develop the property for a maximum of 550 single family and multi- Ofmaxily dwelling un/ts at a density of 4 dwelling units per acre. Access to Oak Grove is provided from Orange Blossom Drive which is proposed to be extended through the subject property (for which the project will dedicate 2.38 acres) and the adjacent property to the south to intersect with Livingston Road. Access is also proposed from Livingston Road for which the project will dedicate 275 feet of right-of-way, or 13.29 acres for its ,future extension. The subject petition is for a mixed use residential PUD, for single family and mulfifamily land uses, which are authorized uses of land in the urban residentially designated area of the Furore Land Use Element (FLUE), therefore, it is consistent with the FLUE. Land Use Residential Density: 'II~e projected density of 4.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre The subject property is located within one (1) mile of an Activity Center located at Vanderbilt Beach Road and Airport-Pulling Road. However, the Future Land Use Map does not designate this Activity Center with a density band, therefore under the density rating system of the Future Land Use Element the subject property is eligible to receive a base density of four (4) dwelling units per acre. l. amds surrounding the subject site are developed with densities which range from 1 unit per 2 ¼ acres (Estates) up to 7 units per acre for the Bermuda Apartments. Residential properties immediately abutting the subject site to the north and west are developed with Odensities range to dwelling per acre. which from 3.34 4 units SEP 0 8 1998 Pg. / I Traffic Circulation Element - The planned roadway improvements within the project's RDI are required to satisfy the level of service and concurrency requirements. All roadway segments within the project's RDI are projected to operate at an acceptable level of service at the projected build, out of the project. The proposed PUD will not create or excessively increase traffic congestion within the project's RDI and complies with policies 1.3, 5.1, 5.2, 7.2 and 7.3 of the Traffic Circulation Element (TCE). The TCE lists Airport-Pulling Road (CR-31) between Vanderbilt Beach Road and Pine Ridge Road, as a 4-lane arterial road. The current traffic count for this segment is 37,031 PSDT and is operating at LOS "D". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that this road segment is projected to be deficient by 1999. However, this segment is scheduled to be improved by 1999/2000 and will be operating at an acceptable level of service. In addition, the site generated traffic onto CR-31 will be lessened when the 4 lane extension of Livingston Road is completed in 2002 while the 6 lane improvement to Pine Ridge Road between CR-31 and 1-75 will improve the traffic circulation in the project area. As a result of these road improvements, this petition complies w/th Policy 1.3 and 1.4 of the TCE. This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off- set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that irnpact fee collections are inadequate to maintain adopted levels of service, the Count>' must provide supplemental funds from other revenue sources in order to build needed facilities. .GROWTH MANAGEMENT IMPACTi_ The site is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive ora variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). This petition will do nothing to impact the Growth Management Plan. HISTORIC/ARCHAEOLOGICAl, IMPACT... Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as refaced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ---- AGENDAITEM NO.~ SEP 0 8 1998 PLANNING COMMISSION RECOMMENDATION: The CCPC voted unanimously to recommend that the Board of Count~ Commissioners approve PUD-98-06. Two (2) speakers at the Planning Commission hearing held on August 6, 1998, presented vocal opposition to the minimum 10 foot wide required landscape buffer along the · north property line of the site. PREPARRD BY: ]~5')~NALD F.'lqINO, AICP, ~,iANAGER G.'IJ~RENT PLANNING SECTION 5 :'I~ER~J. MIfl._.HI~, AICP, DIRECTOR £-//-?eo DATE PL~NN~ SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE DA'~'T!' (' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUT)-98-4 Mir Mar PUD This petition has been tentatively scheduled for the September 8, 1998 Board of County Commissioners PuN ic Hearing. NO. ~ $EP 0 8 1998 AGENDA ITEM 7-M MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: YULY 6, 1998 RE: PETITION NO: OWNER/AGENT: PUD-98-6 OAK GROVE PUD Agent: Mr. Robert Duane, AICP Hole, Montes & Associates, Inc. 715 10~' Street South Naples, FL 34102 Mark Bates (Contract Purchaser) 533 Turtle Hatch Lane Naples, FL 34103 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Aghculmral to "PUD" Planned Unit Development for the purposes of developing a residential development on 137.43 acres, providing for six (6) tracts consisting of development areas and tl'~-ee (3) tracts consisting of wetlands, open spaces, lakes and street fight-of way. GEOGRAPHIC LOCATION: The subject site is located within the northern half of Section 1, Township 49 South, Range 25 East, approximately one half mile east of Airport Road and one and one half miles north of Pine Ridge Road. PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 550 single family and multi- tamily dwelling units at a density of 4 dwelling units per acre. Access to Oak Grove is provided m Orange Blossom Drive which is proposed to be extended through the subject propert t and te adjacent property to the south to intersect with Livingston Road. Access is also propo ed N~or'~ SEP 0 8 1998 Ofrom Livingston Road for which the project will dedicate 275 feet of right-of-way, or 13.29 acres for its future extension. SURROUNDING LAND USE AND ZONING: Existing: The subject property is currently a mature producing orange grove. It presently has an Agriculture (A) zoning designation. Surrounding: North - Vineyards PUD; Single Family residential South - First Baptist Church PUD; vacant East - Vineyards PUD; single family, multi-family West - Citrus Gardens PUD; single family, multi-family GRO~,~'TH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is lusive of a variety of residential land uses including single family, multi-family, duplex, bile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 4.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre The subject property is located within one (1) mile of an Activity Center located at Vanderbilt Beach Road and Airport-Pulling Road. However, the Future Land Use Map does not designate this Activity Center with a density band, therefore under the density rating system of the Future Land Use Element the subject property is eligible to receive a base density of four (4) dwelling units per acre. Lands surrounding the subject site are developed with densities which range from 1 unit per 2 % acres (Estates) up to 7 units per acre for the Bermuda Apartments. Residential t~c roperties immediately abutting the subject site to the north and west developed with tensities which range from 3.34 to 4 dwelling units per acre. 2 "° ~ $£P 0 8 1998 Traffic Circulation Element - The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Orange Blossom Drive alter trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. The planned roadway improvements within the project's RDI are required to satisfy the level of service and concurrency requirements. All roadway segments within the project's ILDI are projected to operate at an acceptable level of service at the projected build-out of the project. The proposed PUD will not create or excessively increase traffic congestion within the project's RDI and complies with policies 1.3, 5.1, 5.2, 7.2 and 7.3 of the Traffic Circulation Element (TCE). The ITE Trip Generation Manual indicates that the proposed development will generate approximately 5,261 average weekday trips at buildout. The ICE lists Airport-Pulling Road (CR-31) between Vanderbilt Beach Road and Pine Ridge Road, as a 4-lane arterial road. The current traffic count for this segment is 37,031 PSDT and is operating at LOS "D". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that this road segment is projected to be deficient by 1999. However, this segment is scheduled to be improved by 1999/2000 and will be operating at an acceptable level of service. In addition, the site generated traffic onto CR-31 will be lessened when the 4 lane extension of Livingston Road is completed in 2002 while the 6 lane improvement to Pine Ridge Road between CR-31 and 1-75 will improve the traffic circulation in the project area. As a result of these road improvements, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC/ARCHAEOLOGICAL IMPACT; StaWs 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. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas of critical concern. Tiffs primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Divisk staff. 3 SEP 0 8 1998 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staffrecommendation 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 the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation ofapproval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the 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 as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infi'astructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in revie~ving the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Usesi 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 Plan. The subject property is located within the Golden Gate Estates Mixed Use residential subdistrict future land use classification as depicted on the Future Land Use Map and the Golden Gate Area Master Plan of the Collier County Growth Management Plan, but it is proposed to be an expansion area to the Randall Boulevard Commercial District through a small scale Future Land Use Map amendment. The site is located in the southwest quadrant of the intersection of Randall Boulevard and the Naples-Immokalee Road (C.R. 846) between the existing Randall Boulevard Commercial Center PUD and the Big Corkscrew Island Fire Department. The PUD document indicates the proposed development plan for the 2.38 acre site is for those commercial uses specifically 4 S£P 0 8 1998 development tracts throughout the site surrounding five (5) lakes, in addition to two (2) existing lakes. Development of Tracts I and II will be limited to single family and duplex dwelling units in order to insure compatibility with similar single family residential uses bordering the northern boundary of the site. The maximum building height is limited to 35 feet for Tracts I and II, 45 feet for Tracts III and VI, and 50 feet for Tracts IV and V, which are interior to the project and closer to the First Baptist Church to the south. Proposed are three (3) separate tracts for the future Livingston Road right-of-way, the preservation of a portion of an existing wetland area, and a Florida Power and Light easement. All of these tracts are located along the western site boundary. The PUD Master Plan indicates that access to the site will be provided from Orange Blossom Drive which is proposed to be extended through the subject property, and the adjacent property, to the south, to intersect with the future Livingston Road extension. The project will dedicate 2.38 acres for Orange Blossom Drive's future extension in exchange for impact fee credits. Access is also proposed from Livingston Road for which the project will dedicate 275 feet of right-of-way, or 13.29 acres for its future extension. The proposed Master Plan indicates the main access through the site will consist ora loop road which runs east and west across the subject site. The applicant proposes to architecturally unify the structures, signage and landscaping throughout the project. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. Traffic: The ITE Trip Generation Manual indicates that this petition will generate approximately 5,261 average weekday trips at build-out. This project meets the County's concurrency requirement and is consistent with Policiesl.3, 1.4, 5.1, 5.2, and 7.3. From a planning and traffic safety standpoint, thc proposed access points provide clear sight distance. The proposed access should operate adequately subject to any required engineering modifications and the Collier County Access Management Plan. Thc final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review indicates that approval of this petition is consistent with policies of the TCE. Utility In frastructur¢: The project site will be served by a full range of services and utilities provided by Collier County. All development must comply with surface water management requirements invoked at the time of site development plan approval. SEP 08 1998 OCommunity Infrastructure and Services: The project site is located w/thin one (1) mile ortho Activity Center located at Airport-Pulling Road and Vanderbilt Beach Road. The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. Based on the above analysis, the following conclusions can be reached from the staffreport: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multifamily residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification and similar to the density of development for neighboring PUD's. Qi.All other pertinent elements of the GMP were reviewed and the methods for achieving :onsistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. 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 and compatibility with adjacent land uses at a density of 4 dwelling units per acre. Future commercial development within the nearby Activity Center will provide convenient commercial opportunities to the residents of this development. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-98-6, Oak Grove PUD pursuant to the Ordinance of Adoption and Exhibits attached thereto. 6 SEP 0 8 1998 PO. PREPARED BY: SUSAN MURRAY PRINCIPAL PLANNER DATE IEWED BY: CURRENT PLANN'I'NG MANAGER DATE ROBERT J. MULHERE, AICP DATE PL .._..AN,NTN~'ICES./,.. DEPARTMENT DIRECTOR DNT'E COMMUNITY DEVELOPMENT AND ENVm0NMENTAL SVCS. Petition Number: PUD-98-6 StaffRepon for August 6, 1998 CCPC Meeting NOTE: This Petition has been tentatively advertised for the September 8, 1998 BCC meeting. COLLIER C~O .L/NTY PLANNING COMMISSION: MI C H-~L~~ EI~aSON...~ _-73--.T 7 SEP 0 8 1998 Pg. REZONE FINDINGS FOR PETITION PUD # 98-6 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use ]nap and the elements of the Growth Management Plan. Er.oLC,~: Evaluation not applicable. Su~: The proposed development is in compliance with the goals, objectives and policies ofthe Future Land Use Element ofthe Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. ~ummar?,.' Findings: Existing: The subject site is in agricultural production as an orange grove and has an Agricultural (A) zoning designation. Surrounding: North - Vineyards PUD; single family South - First Baptist Church PUD; vacant East - Vineyards PUD; single family, multi-family West - Citrus Gardens PUD; single family, multi-family The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Surrounding the subject site to the north, east and west is existing single family and multiple family residential development generally developed at densities between 3.34 and 7 dwelling units per acre. 8 SEP 0 8 1998 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Evaluation not applicable. Summary' Findings: The site is adjacent to residential development to the north, east and west and a future church to the south. The proximity to adjacent developments justify a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditious on the propert3' proposed for change. Evaluation not applicable. ,$..utnmary Findingt: The district boundaries are logically drawn. They allow for the dedication of right-of-way for the future Livingston Road extension and preservation of an existing wetland on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary.. Evaluation not applicable. ~ill'nmary. Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Grovah Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension ofthe similarly zoned parcels to the north and west. Con: None. Summary_ Findings/ The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 9 I SEP081998 I 7. Whether the proposed change will create or excessively increase traffic congestion or create ~'pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected Wpes of vehicular traff~c, including activiV,.' during construction phases of the development, or otherwise affect public safer3'. Pro: (i) The proposed development ofthe subject property is consistent with the provisions o f the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Access to the subject property, is by way of the Future Livingston Road extension and Orange Blossom Drive. Con.' As urban intensification increases, there is some loss ofcomfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. SummaD' Findingsl Evaluation of this project took into account the requirement for consistency with Policy 5.I of the Traffic Element of the GMP and was found consistent. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. ..C..-.-.-.-.-.-.-m~ Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Summary. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 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. 10 SEP 0 8 1998 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Evaluation not applicable. SummaD' Finding.i: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other 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. 10. Whether the proposed change will adversely affect property, values in the adjacent area; Pro: Urban intensification typically increases the value ofadjacent vacant or underutilized land. 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 many 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con; Evaluation not applicable. Summary Findings_.' Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. 11 SEP 0 8 1998 Summarw Findings; Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property, cannot be used in accordance with existing zoning; Evaluation not applicable. Summary_ Findings; The subject property is not undevelopable under its current zoning designation. Surrounding properties east and west of the site are already developed with land uses which are similarly intensive. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the Count3.'; Evaluation not applicable. SummaD' Findings; The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Evaluation not applicable. SummaD' Findings: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 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. Evaluation not applicable. SummaD' Findings; The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 12 17. The impact of development on the availability, of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Application not applicable. Summary_ Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 13 SEP 0 8 1998 HNDINGS FOR PUD PUD-98-6 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 Plan's compliance with the following criteria: The suitability, of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro'._ (i) The subject site is located adjacent to existing residential development to the north, east and west and a future church to the south. (ii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. .C, llm. (i) None. 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 regulations. Any inadequacies wlfich require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions ofapproval by staff and the CCPC. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Evaluation not applicable. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 14 SEP 0 8 1998 Pq. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con; Evaluation not applicable. The subject petition has been found consistent with the goals, objectives and policies of the Grovnh Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. e The internal and external compatibility, of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con.: Evaluation not applicable. The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con;_ Evaluation not applicable. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Evaluation not applicable. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. 15 SEP 0 8 1998 The abilit3' of the subject property, and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Th.is assessment is described at length in the staff report. 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. This finding essentially requires an evaluation of the extent to wh/ch development standards proposed for this PUD depart fi.om 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 similar residential structures. 16 NO ~ SEP 0 8 1998 PETITION NUF~BER DATE APPLICATION FOR PUBLIC HE~RING~ FOR REZO~CE A3~'D CONDITIONAL US~ REOUESTS PLA~,~ED UNIT DE%~LOPMENT REOUEST$ COM2fUNITY DEVELOPMENT DIVISION CURRENT PLAI~NING !~ame cf Applicant(s) .Mark 5a:es (Contract Purchaser) App!ican~'s'Mai!ing Address 533 Turtle Ha=ch Lane Ci~'; Xapies State Florida Zip (941) Applicant's Telephone ]~umber: Res.: 261-6434 Bus.: is the applicant the owner of the subject property? ~ Yes X 34103 .... (a) r= applicant is a land trust so indicate and name s_nef_c_ar._es .be!ow. (b) if app'iicant is corporation other than a public corporation, so indicate and name cf ricers and major snoc)'hclders belc-w. --_ (c) rf appiica~%t is a partnership, limited partnership or other business entity, so indicate and n~me ~- -nc__~a!s be!6w. (d) If app!ica~t 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 indicaue aczua! o'wners if not indicated on the lease. :. (f) if app!ican't.is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See attached sales contract. if space is inadequate, attach on separate page.) Name cf Agenu Agents Mailing Address City _Naples Telephone Number: Res.: Robert Duan9 715 Firm _ Hole, Montes & Associates 10th Street Sou~h State Florida Zip 34102 Bus.: (941) 262-4617 SEP 0 8 1998 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. ~ request involves change to more than one zoning district, ~hclude separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). tHE A_=PLICANT IS P~SPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION· IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, ~ ENGINEER,S CE-RTIFICATION SHALL BE REQUIRED. ~ECTION I TO~SHIP &9 $ 'RANGE 25 E See at_~ached legal descKi?tion. ~ Size cf prcperty 2105 ft X 2799 335 79"~ Address cr location cf subject proper~yN.A. Acres 131 137 suing land elevation -~12 County Flood Criteria Elevation N.A. a. Date subject property ac_c%lired (X) or leased ( ): 1st day of June' , 19.~1 ~ern cf !e~se .yrs./mos.- b. if, Petitioner has option to buy, indicate date of option: _a/11/97 and date option tez-minates: 10/15/98 ~See Sales Con=fac Does property o:'ner o'~ contiguous proper~.y to the subject proper~y? If so, give complete legal ~.desc. ription of entire contiguous property (If space is nadecuate, attach on · i separate page). THiS APPLICATION iS INTENDED TO COVER: (Ch'eck which ts~pe of petition your are re.=uesting): ~ A. REZOI~iNG: PRESENT ZONING AG REQUESTED ZONING FOR Residential Develdpmen~ - .-- PUD OCONDiT/ONA~. USE N.A. OF _ ZONING. FOR REA. SO!,' k-HY APPLiCATIO!,' SHOULD BE APPROVED (Attach additional sheets if necessary): See Cover Letter. !!. "2. .4. iS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? ~Yes X ~o iF YES, PROV----~!DE COPY OF THE DEED REST!CTIOI~S. iS THiS P, EQUEST A RES~JLT OF A VIO!,Z. TIO]¢? t~nO.. W~.S T== NOTICE ¢--~r=n~ ~0 IF SO, TO 5L~.S A PUBLIC H-2A_~S],,G BEEN HELD ON THIS PROPERTY WITHI],' THE LIST YEAP,? iF SO, i!~-WHOSE NA2{E? No .......... E>:ISTih~G STRUCTURES 0],' THE PROPERTY? CBS FP32: E 'zOEiLE HOME O~'HER TYPE: We, being first duly sworn, epose and say that ~ am are the owners of the property described erein and which is the subjec~ matter cf the proposed hearing; hat al! the answers to ~he questions in this application, and all ketches, da~a, and other sup?lementary ~.atter at~ached ~o and ad~ a .Dart cf ~his au-iicaticn, are hcnes~ and true ~o %~.e best f our knowledge and belief. ! understand this application mus~ completed and accurate 5efore a hearing can be'advertised~ ~r~er pe~it the undersigned to act as our representative in any ~tte~ reg~di~g this Petition. / / // ~ ~ , ~ .'~. ~_ ~ - ~~ /~. · .I ,'.> /"~,/:~' ~ . , ~ , , SiGKATbT, E OF AGEKT ate cf Florida unty of Collier The forecoin= ADp!ication was acknow!edced ~z~fore me zhis L__ of' ', personally kn~ u~mj o~ who ~as produce~ ~~ , who as' identification and · :e an oatb. f :L Serial/Cor.~,ission f~ My Commission Expires: who did (did not) (si~ature cf .Notary "~Prinu Name of Notary Public) NOTARY P~LiC SEP 0 8 19~ 4-2~-95 :lO:lO.~l : · %~1 DII'EST T i TL~- o~ ~mhip 49 Io~, ~i~e 2~ Zmmt. con~nLn9 r lO).)t_.~ acre,. ~r, er Lc,,. eubJeat to all o~ the ol~, ge* end ~noreL righte perta:~ ~ the SEP 0 8 199E m ~Imm C,~ .,~rr~Jc~.,&m Coa:o~ ~. Pm~¢ ~. r-~rrlso.n SEP 0 B 1998 sqq ~dde~du.~ ,,. SEP 0 $1998 PRESENT PROPERTY O~VNER'S LIST .lanis Stonebumer Hudson Judith A. Bice David Stonebumer. President SEP 0 8 1998 3 4 5 8 9 0 2 3 4 5 7 8 2 4 5 6 0 2 3 4 5 7 0 1 2 3 AN ORDINANCE AMENDING ORDINANCE NUMBER 9i-i~2 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9501S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OAK GROVE FOR SINGLE FAMILY AND MULTI- FAMILY RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF THE iNTERSECTION OF LIVINGSTON ROAD (C.R. 881) NORTH AND DANIELS ROAD, iN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 137+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. MHEREAS, Robert L. Duane of Hole, Montes and Associates, inc., representing Mark Bates, petitioned the Board cf County Com.~iosicners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Cor~issicners of Collier County, Florida: SECTION The z~nin~ classification of the herein describe~ real Froperty located in Section !, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Oak Grove PUD Document, attache~ hereto as Exhibit "A" and incorpora[ed by reference herein. The Official Zoning Atlas Map Number 9501S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. SEP 0 8 1998 7 i 6 7 4 PASSED AND DULY ADOPTED by the ~oard of County Co~,issloners of Collier County, Florida, this __ day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Marjc(3~ie M. Student Assistant County Attorney -2- SEP 0 8 1998 · Pg- ~_...._. GROVE A PLANNED UNIT DEVELOPM~ENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 IRECE .VED JUL 0 9 ~998 ~N,~,l,,ss seav~c~o PUD98-6 ~. , June, 1998 HMA File No. 98.25 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals SEP 0 8 1998 TABLE OF CONTENTS Page SECTION I - Statement of Compliance .......................................................................................... 1 SECTION II - Property Ownership, Legal Description and Short Title .......................................... 3 SECTION III - Statement of Intent and Project Description ........................................................... 4 SECTION IV - General Development Regulations ......................................................................... 5 SECTION V - Pertained Uses and Dimensional Standards ............................................................ 9 SE$ON VI - Environmental Standards ...................................................................................... 12 SECTION VII - Transportation R~uir~mcnts .............................................................................. 13 SECTION VIII - Utility and Engin~m-i. ng Requirements ............................................................... 15 SECTION IX - Water Management Requirements ....................................................................... 17 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS SEP 0 8 1998 SECTION I Statement of Compliance The development of approximately 137.43 acres of property in Collier, as a Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Oak Grove will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use and permits up to four (4) dwelling units per acre. Therefore, the proposed five hundred and fifty (550) dwelling units are consistent with the Collier County Growth Management Plan, based on (137.43) acres x four (4) dwelling units per acre. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 ofthe Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. -1- SEC 0 $1998 Provisions have been included with/n the PUD Document to provide two means of ingress and egress from Orange Blossom DHve and Livingston Road to the project. The proposed extension of these roadways will a.~ure adequate traftic circulation and n6n- substantial impacts to the existing and proposed traffic network of the area. All final Development Orders for ti'ds project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. -2- SEP 0 8 1998 SECTION II Property Ownership, Legal Description and Short Title 2.1 ProCe_m.' Ownership The subject property is currently under a contract for sale to Mark Bates at the time of this rezoning request. 2.2 Legal Descripti0q Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida, and, more particularly, described in Exhibit "B". 2.3 General Descrit>tion of ProperS_ The property is located approximately one-half mile east of Airport Road and one and one-half miles north of Pine Ridge Road along the proposed extension of Livingston Road. The zoning of the subject property prior to the application of zoning is Rural Agriculture (A). Physical Description The drainage plan for the Oak Grove PUD will consist of five (5) drainage basins and five lakes. Lake 1, the largest of the new lakes, will incorporate the existing 1.96 acre lake immediately adjacent to the existing wetland lake. It will serve as the most downstream lake with Water Control Structm'e 4 serving as the ouffall for the entire project. Control Structure 4 will discharge into Canal D-2, which is the storm water receiving body under pre-developed conditions. Existing site elevations vary from 11.5 to 12.5 NGVD. Soil types on site are: (3) molsbar frae sand, (16) oldsmar fine sand, (25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25) Holopaw Fine Sand. The property is located in Flood Zone X. Short Title This ordinance shall be known and cited as the "Oak Grove Planned Unit Development Ordinance". SEP 0 8 1998 -3- SECTION III Statement of Intent and Project Description 3.1 !ntroductioq It is the intent of this ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code tLDC) that will permit five hundred and fifb/(550) dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project is comprised of 137.43 acres located within the northern half of Section I, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road and one and one-half miles north of Pine Ridge Road. Access to Oak Grove is provided from both Orange Blossom Drive, presently a sixty (60) foot fight-of-way, running west to a median opening at Airport Road that is proposed to be emended through the subject property and the adjacent property to the south to intersect with Livingston Road. Access is also proposed fi.om Livingston Road, running south to its intersection With Pine Ridge Road for which the project will dedicate 275 feet of R.O.W. or ~13.29 acres. The project w/Il provide for a range of housing types, including single family and multi-family development at four (4) dwelling units per acre. 3.3 Land Use Plan and Project Phasin~ The PUD Master Plan contains a total of six (6) tracts consisting of development areas and three (3) tracts consisting of wetlands, open spaces, lakes, and street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately five (5) years from the time of issuance of the first building permit. -4- SEP 0 8 1998 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Oak Grove Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: Bo Regulations for development of the Oak Grove PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code ('LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and an.,,' other conditions or modifications as may be agreed to in the rezoning of the propens'. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions ofatl terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Do go All conditions imposed and all graphic material presented depicting restrictions for the development of the Oak Grove PUD shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions fi.om any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearin~ and Drainage -5- Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County. LDC and the standards and commitments of this docume time of construction plan approval. SEP 0 8 1998 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development ~'~andarcts contained in this ordinance. Amendments 2.7.3.5 of the requested. to this Ordinance and PUD Master Plan shall be made pursuant to Section Collier County LDC, as revised, in effect at the time the amendment is 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concm-rent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the planing laws of the State of Florida. 4.6 Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all u'acts as shown on the PUD Master Plan. Provision for Offsite Removal of Earthen Material The excavation of earthen material and its s~ockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: 4.7 4.8 Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent ofthe total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions Oak Grove 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 4.9 An)' communit3, recreation/public building/public room or similar common facility located x~Sthin the Oak Grove PUD ma3' be used for a polling place, if determined' necessary by the Board of Count3' Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property.. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC, which requires a minimum of.. sixty (60) percent for residential developments. Areas dedicated to Collier County for the extension of Livingston Road and Blossom Drive may be counted towards the total open space requirements should the need arise. 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property.. -7- SEF 0 8 1998 O4.12 4.13 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a home owners' association to be established by the developer. Dedication of Public Facilities Dedication of road right-of-ways and public facilities shall be in accordance with Section 2.2.20.3.7 of the LDC. -8- SEP 0 8 1998 SECTION V 5.1 Permitted Uses and Dimensional Standards Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Oak Grove PUD designated for residential development on the PUD Master Plan, Exhibit 'A". 5.2 5.3 5.4 Maximum Dwelling Units Five hundred and rift',,' (550) dwelling units are permitted within the Oak Grove PUD, based on a density, of four (4) dwelling units per gross acre. General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES USE I +8.45 II e13.60 III ±20.25 IV :*:8.19 V +15.42 VI --+-13.49 S.F. and Duplex (side by side) S.F. and Duplex (side by side) S.F. or M.F. S.F. or M.F. S.F. or M.F. S.F. or M.F. The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part. for other than the following: -9- SEt' 0 .a !998 I. Principal Uses: (a) (b) (c) (d) (e) (0 Single Family Detached Dwellings Zero-Lot Line Dwellings Two-family and Duplex Dwellings Single Family Attached and Townhouse Dwellings Multi-family Dwellings, including Garden Apartments Any other housing type which is comparable in nature with the foregoing uses and which the Development Sen'ices Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. 5.5 Development Standards 1. The following Table I sets forth the development standards for residential areas. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS P~wI~Vd'ITED USES ' SINGLE FAMILY ZERO LOT LINE TWO FAMILY & .S/NGLE FAMILY MULTI-FAMILY AND STANDARDS DETACHED Minimum Lot Areas 6,000 S.F. 5,000 S.F. 3,.~00 S.F.'" 3,000 S.F. pcT' du. I AC Minimum Lot Width'~' 60 50 35 30 Front Yard 25 20 20 20 25 Side Yard°~ 7.5 m 0 or 10 0 or 7.5 0 or .:~ BH' 0 or .5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Accessory. 10 S 10 10 I0 Maximum Building 35 Hci~ht Distance Between 15 10 1:5 .5 SBH" .5 SBH Floor Area Min. {SF) 1200 1200 1200 1000 600 mEach half of a duplex unit requires a lot area alloc,,ion of 3,500 S.F. for a total minimum lot ar~a of ?,000 S.F. mMinimum lot width may be reduced by 20 percent for cul-4e-,,,c Iou I~ovided minimum lot area r~luirt, mem i~ ~till maintained. mAcces~or}, u~s such a~ pool enclosures mT be ataebed to principal u~s. 'mWhere the zero (0) feet yard option is utilized, the oplx~ite side of the utucmre shall have a ten (10) foot side yard. Zero (0) fee~ yard~ may be u~ed on either side of a structure provided thru the opposite ten (10} foo~ side yard is provided. ~rrrracu 4 {four) ~nd 5 (five) u~ ?ermined a maximum heist of 30 (fit~/) feet '~H - Buil~linlll Heisht "SBH - Sum of Buildinj Hci~hls Zero-Lot Line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying Development Standards under Table 1. Zero-I~t Line dw~l_lin~ shall be defined as any type old.ached single family structure emplo ,,ng'-'-'~m'~__~.~I 1 -I0- SEP 0 8 1998 reduced side yard as set forth herein, which conforms to requirements of Collier County Land Development Code, Article 2, Division 2.6.27. Only one residential dwelling unit type shall be permi~d on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts. the)' shall be separated by recreational facilities, common area.s, or landscape buffers. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffeting of the LDC; however, a Type "B" buffer shall be provided on a three foot high undulating berm along the northern edge of Tracts I and II depicted on the PUD Master Plan to provide additional screening for adjacent single family uses. Landscaping along the internal access road depicted on the PUD master plan shall consist of uniform plant material that meets or exceeds the requirements of Section 2.4 of the LDC. Landscaping and signage shall also be uniform at each signature entranceway into individual tracts, which shall also promote a similar theme throughout the planned development. The first tract to be developed in Oak Grove shall set forth the landscaping and signage standards for the internal roadway depicted on the PUD master plan and entranceway standards. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus trees are permitted to be used in meeting the landscape requirements for the subject property; however, additional supplemental native plantings may be required to achieve the intent and purpose of Section 2.4 of the LDC. Perimeter buffers shall only be required for the boundary of each tract at the time it is developed. Buffering may be required during the site plan review process of all or some remaining tracts as determined appropriate by the Development Services Director, based on the type of use and proximity to residential use. 8. All signage shall be in conformance with Division 2.5 of the LDC. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading. Paved parking is also permitted within the FP&L easement, subject to their authorization. 10. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-c N~ /~l ~.~ I I -11- SEP 0 8 1998 Within each individual tract, architectural standards shall be unified with regard to colors, roof lines, and textures, so as to create a uniform architectural standard for each individual tract. -12- SEP 0 8 1998 SECTION VII Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 7.1 7.2 The developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. a) b) c) d) The Oak Grove PUD shall reserve a maximum of 275 feet along the eastern boundary oft he project for the future widening of Livingston Road and associated water management requirements in exchange for impact fee credits. Forty- feet of right-of-way shall be provided for a portion of Orange Blossom Drive to be constructed on the subject property as depicted on the PUD Master Plan in exchange for impact fee credits. Orange Blossom Drive shall be designed and constructed as a minor collector road within the boundary of the subject property within the 100 feet of right-of- way to be provided by this and the adjacent property to the south. Donation of said right-of-way easement and the calculation of road impact fee credits shall be made in accordance with the provisions and requirements of Section 2.7.2.8.1, "Dedication of the Public Facilities and Development of Prescribed Amenities" of the Collier County Land Development Code and the Collier County Road Impact Fee Ordinance and shall be subject further to a Developer Contribution Agreement between the developer and the Board of County Commissioners. .. 7.3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic C~ontrol Devices as required by Chapter 316.0745, Florida Statutes. -13- SEP 0 8 1998 7.5 Connections onto Livingston Road: (a) All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as they may be amended. Median access and control shall remain under County control unless established via a ~ht-of-way agreement between the Board of County Commissioners and the developer. 7.6 In the event that access is not available to Livingston Road by the commencement date for construction, access is permitted from Orange Blossom Drive. -14- SEP 0 8 1998 SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project axe to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project. Co Prior to approval of construction documents by the Count-v, the developer must present verification, pursuant to Chapter 367, Flofid~ Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer faciIities. Do The Utili~'~onstruction'docum'e~n~s ~or-th~' ~:oj'ect'~' S~er~ge syst~r~ shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main mu.~t be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. -15- SEP 0 8 1998 Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. ' 8.2 Engineering ao Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans shall be submitted to the and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Bo Co Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. Do Eo The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County 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 applications that will result in the issuance ora.final development order.. The development will provide adequate right-of-way for futttre turn lanes at the project entrance to Orange Blossom Drive and the design will be coordinated with the Oil:ice of Capital Projects Management. Fo The development shall convey fee simple right, of-way to the County for both Livingston Road and Orange Blossom Drive prior to the receip! of any development order for construction activities. SEP 0 8 1998 -16- S£C"~0~ 1~ Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project' developer· 9.1 Detaitcd paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be i$.s'ued unless and until approval of the proposed construction, in accordance with the submitted plans, is gr~t~ by the Development Services Department. 9.2 9.3 9.4 9.5 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property, lines with side, mar or abutting property li~es fenced. Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. The conveyance swale from the v,~ter control structure to the D-2 canal shall be within a drainage kasem~nt to'be recorded prior to approv~ ofth~ first development order. ,1 SEP IvllTCHELL B. THOMPSON, P.A. LF~G ~,T, DF-gCRI'PT10~ : pm of Scc~o~ 1. Tcrv~:xl:Jp ,19 Soufl~ ~,~e 25 ~ Co~ Cou~v/, FIoH~ Thc F~.~st I.'2 oft~c Norris,. 114 oftb~ ]4or,.h~ 1/4 oft~e $oul.~v,,~s{ 1/4 ofs~:l. Jon Towz~]~ 4~ Sout~ ]~a~ 25 ~ ~ ro:d ri~ ofw=y r4ra~,~g 6.0~ :~ ot Suh, i~,~ to ~=nts z~rt ~stri~oas o£re~ord; co=~i~_r 231.55 Ac~ more o~ Note, I:.~l ~I=~-'i~cr= i~ b~'~ o= nur. h.'~.at~caI~., do~= ~, ] foot B~rin~ a~ a~m~ ~nd bas~t o~ the Wes~ 1~ of~e SoutJ~e~s~ 1/4 of~on 1 N 02-$D-06 W. Not v~lld '~l== ca~o_~?_8 wi~ ~e Prof~sio:~]'s ~ .' SEP o 8 1998 '1, _ "~= EXECUTIVE SUMMARy PETITION NO. PUD-98-4 DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING GERALD L. AND MARION M. BRAY, AND GEORGE A. CANNAN, REQUESTING A REZONE FROM "E" ESTATES TO '~PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MIR-MAR PUD FOR COMMERCIAL USES PERMITTED IN THE RANDALL BOULEVARD COMMERCIAL DISTRICT, AS SET FOR~I~I IN THE GOLDEN GATE AREA MASTER PLAN FOR PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF RANDALL BOULEVARD AND THE NAPLES IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP 48 SOUTH RANGE 27 EAST, COLLIER COIH'qTY, FLORIDA. The petitioner see 'ks to have la.nd described herein re'zoned from its current zoning designation of "E" Estates to "PUD" Planned Unit Development for the purposes of comtmcting a commemial development on 2.38 acres, providing for limited commercial uses consistent with those uses permitted in the Randall Boulevard Commercial District as described in the Golden Gate Area Master Plan of the Growth Management Plan (GMP). The applicant proposes to develop the property for a maximum 20,000 square foot shopping center. The requested rezoning shall have the effect of extending the existing Randall Boulevard Commercial district, with commercial development opportunities limited by the provision of that district. The PUD Master Plan proposes a shared access between the subject site and the Big Corkscrew Island Fire Station immediately to the west, which shall be the PUD's only primary access. CONSIDERATIONS;_ The subject property is located in the Golden Gate Estates Mixed Use Residential designated area on the County's Future Land Use Map. The parcel lies within the Corkscrew Planning Community within the Golden Gate Area Master Plan. Concurrent with this rezoning request, the petitioner seeks to change the land use designation from Estates to Randall Boulevard Commercial District thereby amending the Future Land Use Map of the Future Land Use Element as well as amending Map 6 on page 25 of the Golden Gate Azea Master Plan to expand the Randall Boulevard Commercial Distr/ct by 2.38 acres. A small scale Future Land Use Map amendment to Randall Boulevard Conn'nercial District and subsequent rezoning to PUD for those specific uses authorized within the Randall Boulevard Commercial District land use designation will, therefore, be consistent with the FLUE. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road (CR-846) after trip adjustments and assignments are made. The amendment will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). The Traffic Circulation Element (TCE) lists this segment of CR- 846, east of Wilson Boulevard as a 2-1ane arterial road. The current traffic count for this segment is 8,209 PSDT and is operating at LOS "C". The segment west of Wilson Boulevard has a count of 12,087 PSDT and is operating at LOS "D". It should be noted that these road segments ar,~ nr, t AGENQA t?EM ~ projected to be deficient within the next five (5) years. Therefore, this petition complies v, ith ,o. ~ Policy 1.3 and 1.4 of the TCE. SEP 0 8 1998 FISCAL IMPACT. This PUD by and of itsel£will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off- ~t the 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 the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. .~.¥1~Lt~LAN A G E ME NT iMP~,~ ~d The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. ~OLOGICAL IMPACT. Staff's anaIysis 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. ~ING COMMISSION RECOMMENDATION, The CCPC voted unanimously to recommend that the Board of County Commissioners approve PUD-98-04. One letter of objection was received prior to the Planning Commission meeting held on August 6, 1998. The letter was in objection to the indication on the PUD Master Plan of a potential future interconnect with the neighboring commercial property to the east. AGE $£P 0 8 1998 PREPARED BY: CHIEF PLANNER. Ea, VED BY: CURRENT PLANNING SECTION -6BERT k-lV~t~HERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-98-4 Mir Mar PUD This petition has been tentatively scheduled for the September 8, 1998 Board of County Commissioners Public Hearing. NO. ~ SEP 0 8 1998 pg. MEMORANDUM AGENDA ITEM 7-B TO: FROM: COLLIER COUNq'Y PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JULY 6, 1998 RE: PETITION NO: OWNER/AGENT: PUD-98-4 MIR MAR Agent: Owner: Mr. Dwight Nadeau, AICP McAnly Engineering and Design, Inc. 5101 East Yamiami Trail, Ste. 202 Naples, FL 34113 Gerald L. & Marion Bray 532 Ibis Way Naples, FL 34110 and George A. Carman 696 10~ Avenue N.E. Naples, FL 34120 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "E" Estates to "PUD" Planned Unit Development for the purposes of constructing a commercial development on 2.38 acres, providing for limited commercial uses consistent with those uses permitted in the Randall Boulevard Commercial District as described in the Golden Gate Area Master Plan of the Growth Management Plan (GM_P). GEOGRAPHIC LOCATION: The subject site is located on Randall Boulevard between the existing Randall Boulevard Commercial Center PUD and the Big Corkscrew Island Fire Station, in the southwest quadrant of the intersection of Naples-Immokalee Road (CR-846) and Randall Boulevar. SEP 0 8 1988 P 0 8 1998 in Section 27, Township 48 South, Range 27 East. The site contains 2.38 acres, more or less (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum 20,000 square foot shopping center. The requested rezoning shall have the effect of extending the existing Randall Boulevard Commercial district, with commercial development opportunities limited by the provision of that district. The PUD Master Plan proposes a shared access bet',veen the subject site and the Big Corkscrew Island Fire Station immediately to the west, which shall be the PUD's only primary access. SURROUNDING LAND USE AND ZONING: Existing: The subject property is vacant and presently has an Estates (E) zoning designation. Surrounding: North - Single family residential and designated Urban Residential land use within the Orange Tree PUD and Estates Mixed Use District. South - Developed Single Family Estates zoned property and designated Estates Mixed Use District. East - Mobile gas station and designated Randall Boulevard Commercial district. West - Estates Mixed Use district and Big Corkscrew Island Fire Station. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Golden Gate Estates Mixed Use Residential designated area on the County's Future Land Use Map. The parcel lies within the Corkscrew Planning Community within the Golden Gate Area Master Plan. Concurrent with this rezoning request, the petitioner seeks to change the land use designation from Estates to Randall Boulevard Commercial District thereby amending the Future Land Use Map of the Future Land Use Element as well as amending Map 6 on page 25 ofthe Golden Gate Area Master Plan to expand the Randall Boulevard Commercial District by 2.38 acres. A small scale Furore Land Use Map amendment to Randall Boulevard Commercial District and subsequent rezoning to PUD for those specific uses authorized within the Randall Boulevard Commercial District land use designation will, therefore, be consistent with the FLUE. ' Consistency with other applicable elements of the Growth Management Plan (GMP) is as. follows: I SEP 0 8 1998 Traffic Circulation Element - The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road (CR-846) after trip adjustments and assignments are made. In addition, the amendment will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). The ITE Trip Generation Manual indicates that the proposed development will generate approximately 2,442 average weekday thps at buildout. The Traffic Circulation Element (TCE) lists this segment of CR-846, east of Wilson Boulevard as a 2-1ane arterial road. The current traffic count for this segment is 8,209 PSDT and is operating at LOS "C". The segment west of Wilson Boulevard has a count of 12,087 PSDT and is operating at LOS "D". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that these road segments are not projected to be deficient within the next five (5) years. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. 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. INFI~4,STRUCTURE; The subject petition has been reviewed by the appropriate staffresponsible for the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval subject to conditions which have been incorporated into the Resolution of Adoption. SEP 0 8 1998 Pa. ~' This petition was administratively reviewed on behalf of the EAB and staff recommended approval subject to conditions which have been incorporated into the Resolution of Adoption. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staffrecommendation 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 the Land Development Code thus requiring staffevaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review ofeach 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 as separate documents and are attached to the staffreport. propriate evaluation of petitions for rezoning should establish a factual basis for supportive tion by appointed and elected decision makers. The evaluation by professional staff should typically in.clu.de an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses~ A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationskip of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The site is presently a mature producing orange grove surrounded by single l~.ily and multi-family residential land uses to the north, east and west. The PUD document t~lllicates the proposed development plan for the 137.43 acre site is for single family and mult, mmily development with customary accesso- uses s ' " ry ucn as common facilities for recreational uses and open space. Residential development on the site is planned to occur within six (6) 4 1998 designated in the Randall Boulevard Commercial District within the Golden Gate Area Master Plan. The PUD Master Plan indicates that access to the site will be shared via an expansion of the existing access point to the Big Corkscrew Island Fire Department to the west, with potential of a future shared access with the Randall Boulevard Commercial Center PUD to the east. Commercial development of the site will be concentrated towards the northern DA of the site, with the southern ¼ of the site used for stormwater retention purposes. The small size of the site limits the development area and likely will restrict internal access through the site to those drive aisles required to serve parking areas. The existing Randall Boulevard Commercial Center PUD is adjacent to the subject site to the east. Open space, ingress/egress, landscape buffers, and other applicable development standards comply with the requirements of the Collier County Land Development Code. With respect to compatibility issues, staffis of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. The ITE Trip Generation Manual indicates that this petition will generate approximately 2,422 average weekday trips at build-out. The project is projected to be completed by the year 2000. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road after trip adjustments and assignments are made. In addition, this petition will not lower the level of service below this segment's LOS "D" standard within the project's radius of development influence (RI)I). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). The TCE identifies this segment oflmmokalee Road, east of White Boulevard, as a 2- lane arterial road. The current traffic count for the segment is 8,209 PSDT and it is operating at a LOS "C". The segment west of Wilson Boulevard has a count of 12,087 PSDT and is operating at LOS "D". The Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. It should be noted that these road segments are not projected to be deficient within the next five years. Therefore, this petition complies with Policy 1.3 and 1.4 ofthe TCE. Utility Infi'astructur¢: The project site is presently not serviced with centrally provided potable water or sanitary sewer. The project shall utilize well and septic systems. All development must comply with surface water management requirements invoked at the time of site development plan approval. 1998 !2ommunity Infrastructure and Services: The existing commercial development adjacent to the subject site provides limited convenience commercial oppommities to the residents of this rural portion of Collier County. Development of the subject property for commercial uses will provide additional convenient corrhmercial services to further serve the residents of this area. Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Estates to PUD, and the PUD development strategy for commercial development will be consistent with the Randall Boulevard Commercial District of the Golden Gate Area Master Plan. 2. All other pertinent elements of the Golden Gate Area Master Plan were reviewed and the methods for achieving consistency are made a part of the PUD regulations or othenvise acl'fieved by the PUD Master Plan. 3. 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 and compatibility with adjacent land uses. STAFF RECOMMENDATION, Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-98-4, Mir-Mar PUD pursuant to the Ordinance of Adoption and Exhibits attached thereto and with the following stipulation: 1. The small scale land use map amendment from Estates Mixed Use Residential to Randall Boulevard Commercial District, for this property shall be approved by the Board of County Commissioners. Subsequently, this rezoning action upon approval by the Board of County Commissioners shall become effective when the small scale comprehensive plan amendment upon which it is b.~ed becomes legally effective pursuant to Subsection 163.3187(3) (c), Florida Statutes. 0 8 1998 t SEP 6 PREPARED BY: PRINCIPAL PLANNER REVIEWED B Y: DATE RONALD F. NTNO, )dCP CURRENT PLANNING MANAGER DATE ROBE](T J. b,~HERE, AICP DATE PLANN~ SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTP,~T--'0-~ COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. D~TE ~ Petition Number: PUD-98-4 StaffReport for the August 6, 1998 CCPC Meeting NOTE: This Petition has been tentatively advertised for the September 8, 1998 BCC meeting. SEP 0 8 1998 REZONE FINDINGS FOR PETITION PUD # 98-4 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Evaluation not applicable. Summao' Findings: The proposed development is in compliance with the Future Land Use Element and the Golden Gate Area Master Plan of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. SummaD' Findings_'. Existing: The subject site is vacant and has an Estates (E) zoning designation. Surrounding: North - Single family residential and designated Urban Residential land use w/thin the Orange Tree PUD and Estates Mixed Use District. South - Developed Single Family Estates zoned property and designated Estates Mixed Use District. East - Mobile gas station and designated Randall Boulevard Commercial district. West - Estates Mixed Use district, Big Corkscrew Fire Station. The subject property is located adjacent and west of the existing Randall Boulevard Center PUD, and adjacent and east of the existin, g Big Corkscrew Island Fire and Rescue District's south station. The current Estates zoning designation allows for development of single family residential dwelling units and family care facilities. The location of the subject property, between a commercial land use and a fire station, is not conducive to the permitted type of residential development under the current zoning scenario, rather, is appropriate for commercial development as proposed by the subject rezoning petition. 8 1998 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Evaluation not applicable. Summar?,_' Eill.02ags: The site is adjacent to an existing commercial development to the east and a fire station to the west. The site fronts on an arterial roadway. The proximity to adjacent developments justify a rezoning action to PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property, proposed for change. Pro/Con: Evaluation not applicable. Summao' Findings: The district boundaries are logically drawn. The site is similar in area and shape to the Randall Boulevard Center PUD adjacent to the site on the east side. 5. Whether changed or changing conditions make the passage of the proposed amendment necessaD'. Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Golden Gate Area Master Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcel to the east and will provide a palatable development alternative to the presently permitted single family residential type of development. Con: None. Summary_ Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity, during construction phases of the development, or otherwise affect public safety.. 9 1998 Pro: (i) The proposed development of the subject property is consistent with the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Access to the subject property is from an existing driveway access to the fire station by way of Irnmokalee Road, a County medal roadway. .C,.OlIi As urban intensification increases, there is some loss ofcomfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. Summar!,.' 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. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro; Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con'. Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Summary. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Evaluation not applicable. Summary. Findings: All projects in Collier County 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.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10 10. Whether the proposed change will adversely affect property, values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con; None. Summary_ 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 many factor~ 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Evaluation not applicable. Summao' Findings: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. Summary Findings: Since consistency with the Golden Gate Area Master Plan as part of the County's Growth Management Plan is deemed to be in ;he public's interest, and because the proposed rezoning action and subsequent developmeut complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Evaluation not applicable. Summary_ Findinss; The subject property is not undevelopable under its current zoning designation. Surrounding properties east and west of the site are already developed with land uses which are similarly intensive. 11 SEP 0 8 998 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Evaluation not applicable. Summa~' Findingsl The proposed development complies with the Golden Gate Area Master Plan as part oft'he County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summar?,.' Findings: 16. The physical characteristics ofthe 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. Evaluation not applicable. SummaD, Findingsi The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Application not applicable. Summa%, Findings; The project site is presently not serviced with centrally provided potable water or sanitary sewer. The project shall utilize well and septic systems. 12 -_Z.{z_._ FINDINGS FOR PUD PUD-98-4 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 Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject site is located adjacent to existing commercial land uses to the east and an existing fire station to the west. The subsequent development of the site ,,,.'ill provide commercial sen'ices to this rural area of the County which are currently available in this area on a very limited basis. Con; (i) None. 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 regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, parlicularly 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. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of Common areas. 13 SEP 0 8 ~998 O 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Evaluation not applicable. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designaled Golden Gate Estates Mixed Use on the FLUE to the GMP. The petitioner is concurrently requesting an small scale Future Land Use Map amendment to extend the Randall Boulevard Commercial District as described in the Golden Gate Area Master Plan. As such it authorizes zoning actions aimed at allowing the land to be used for commercial purposes. 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/Con' Evaluation not applicable. The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable.. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring 14 SEP 0 8 1998 PO. that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. The abiliD' of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, 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. J 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. 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 similar commercial structures as well as those uses specifically defined in the Randall Boulevard Commercial District in the Golden Gate Area Master Plan. 15 1998 DATE APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE AND CONDITIONAL USE REOUESTS PLANNED UNIT D~V~LOPMENT REOUESTS COM)K/NITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant(s) Gerald L. & Marion M. Bray Applicant's Mailing Address ~32 Ibis Way City Naples state zip Applicant's Telephone Number: Res/Bus.: ¢941~ 594-1915 Is the applicant the owner of the subject property? Yes No Name of Applicant(s) Applicant's Mailing Address ~eor~ A. Cann~ 696 10th. Ave. City Naples State ~ Zip 34120 Applicant's Telephone Number: Res/Bus.: ¢941~ 353-0122 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 a 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, 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 lease, and indicate indicated on the lease. a lessee, attach copy of actual owners if not Gerald L. & Marion M. Bray. Husband & Wife. as an Estate by the Entireties. and Georqe A. Carman. a married man. Tenants in SEP 0 8 1998 Name of Agent McAnlv En~ineerinq and Design. Inc, Agents Mailing Address 5101 East Tamiami Tr.. Ste. 202 City ~ State ~_lorida Zip. 341Q~ Telephone Number: Res: N/A Bus.: 775-0723 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION SECTION ~7 TOWNSHIP _ 48 South RANGE _ THE EAST ~ OF TRACT 54, GOLDEN GATE ESTATES. UNIT NO. 23. _ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7. PAGES 9 _AND 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORID%, 4. Size of property 2.38± acres 5. Address or location of subject property:_. The subJec~ Property is located in the southwest ~uadran~ of the inter section of Randall Boulevard add County Road 846 (Naples-' _~I~mokalee Road). 6. Existing land elevation 14.0'-14.8'NGVD County Flood Criteria Elevation Zone D 7. a. Date subject property acquired (X) or leased ( ): Date of purchase b. If, Petitioner has contract to buy, indicate date of contract: 10. 11. 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: (Check which type of petition you are requesting): A. REZONING: PRESENT ZONING _ E. Estates REQUESTED ZONING _~ FOR Commercial DeveloPmen~ B. CONDITIONAL USE OF ZONING FOR REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See application letter IS THE PROPOSED USE PROHIBITED BY DEED RESTRICTIONS Yes --L No IF YES, PROVIDE COPY OF DEED RESTRICTIONS. 2 SEF'O 8 ]998 12. 13. 14. IS THIS REQUEST A RESULT OF A VIOLATION ? No IF SO TO WHOM WAS THE NOTICE SERVED ? - ' HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR ? N9 IF SO, IN WHOSE NAME ? ARE THERE EXISTING STRUCTURES ON THE PROPERTY ?_~_Q_ TYPE: CBS , FRAME ..... , MOBILE HOME , OTHER We, Gerald L. & Marion M. Bray, Husband and Wife, a an Estate by the Entireties, and George A. Carman, a married man, as Tenants in Common, depose and say that We are the Owners of the property described herein and which is the subject matter of the proposed hearing; that all 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. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition as evidenced by the attached Agent Letter. ~S2 [GNATURE OF OWNER .., SEE AGENT LETTEE STATE OF FLORIDA COUNTY OF COLLIE~ The. foregoing instrument was acknowledged c ... _~ , 1998, by Dwight Nadeau, Planning r mcAnl~; Engineering and Design, Inc., being the firm acting as agent fo~ the Property Owners. He is persona'lly known to me and did not take an oath. C:~CORR\MIRPUD.APp (4/98) 3 SEP 0 8 1998 Po. Eas~ Ta~arni Trail Suite 202 Florida 34113 horn It May Concern: ; be advis¢~l that authorLudon is h~y ~v~ to the fi~ ofMc~y En~n~ng ~d ~si~ thC. ~ a8~ for ~d L., ~ M~on M. Bray, ~d O~e A. C~ in ~1 ~io~ relating to the ~g of ~ct~ land u~ for ~e follo~n8 desc~bed l~ds: ~e ~ ~/~ of Tra~ 54, Golden G~te E~ates, U~t N~. 23, a~ordin~ :o the ~l~t ~h~f, o~ ~o~ in Plat ~k 7, Pages 9 ~d 10, o~ ~blic R~ords of Colli~ Count, ~regoing ~t w~ ~c~owledsed before me t~s ~day of ~ 1 ~8, by ~fld s~ho is p~ng~ ~ to me, ~d who did not t~e m osth. ~ Sf~Y ~uc ~ ~ ~ ~ v~ ' ~ 1 ~ssion Nm~ 1998. this ~ day o~19g$, by 'orego~g instrument wu ac~owledg~ before me did not t~e ~. B~y, who is pe~ongly ~ to me, md who ~Y P~LIC ~Y P~LIC ~on Num~: ~o~ ~ ~ who is ~ly ~o~o ~, ~ ~o ~d ~t ARY PUBLIC mis,don Number: ~ tn'v hancl o~~~ 1998. SEP 0 8 1998 FZLII NOz 98010020 TI~S~'R~ Ms~ 22nd ~o~ January AD. ri 98 .~ GERALD L. BRAY ~ MARIAN M. BRAY, hUSBAND ARD WIFE 1998 ? lo ~4 !6 17 19 23 25 29 3O 31 33 36 37 40 41 42 ORDINANCE NO. 98- AN ORDINANCE A,MENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~AP NUMBER 482728; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MIR-~AR FOR COMMERCIAL USES PERMITTED IN THE RANDALL BOULEVARD COMMERCIAL DISTRICT, AS SET FORTH IN THE GOLDEN GATE AREA MASTER PLAN, LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF RANDALL BOULEVARD AND THE NAPLES-IMMOKALEE ROAD (C.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.38 + ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of Mcanly Engineering and Design, Inc., representing Gerald L. and Marion M. Bray and George A. Cannan, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE iT ORDAINED by the Board of County CoMmissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 27 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Mir-Mar PUD Document, attached hereto as Exhibit "A" and incorpora%ed by reference herein. The Official Zoning Atlas Map Nuraber 482728, as described in Ordinance Nun%ber 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the small scale comprehensive plan amendment upon which it is based becomes legally effective pursuant to Subsection 163.3187(3) (c), Florida Statutes. -1- SEP 0 $1998 $ 7 11 12 19 2o 21 23 2~ 25 ~7 PASSED AND DULY ADOPTED by the Eoara cf Ccun%y 2cr.r,~ssLcners of Collier County, Florida, this day of , 1998. BOARD O? CCUNTY COMMiSSiONERS COLLIER COUNTY, FLORIDA EWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Worm and Legal ~ ''~ .u.~ciency :.~arjo3~e M. S%Uden~ Assistant Coun%y Attorney -2- SEP 0 8 1998 MIR-MAR A PLANNED UNIT DEVELOPMENT P,.EOULAT~ONS AND SUPPORTINO MASTF_~ PLAN FOR ~R-MAP~ A PLANNED UNIT DEVELOPML~'T PURSUANT TO PROVISIONS OF TH~ COLLIER COUNTY LAND DEVELOPN~ENT CODE PREPARED FOR: GERALD L. & MAR.lAN BRAY 532 IBIS WAY NAPLES, FLORIDA 341 I0 GEORGE A. CANNAN 696 10TH. AVENLfE N.E. NAPLES, FLORIDA MEJlJ 1995 PKEPAKED B~: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAM]ANti TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AME~~S AND RI~PEAL Exhibit NO. ~ SEP 0 8 1998 T,ABLE OF CONTENTS LLst of Er~u'bits and Tables Statcrn~nt of Compllan~ Section I Section 11 Section III Section IV Legal Description. Property Ownership and General Description Project Development Commercial Development Development Commitmenta ii ! $ 7 SEP 0 8 1998 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLA~ SEP ~PO. 0 8 1998 STATEMENT OF COMPLIANCE The development of ·pprox~atcty 2.38 ·cres of property in Co~er County as · Planned Unit Developrr~nt to be ~ow~ as M~'-]~/~u' w~ be in comp~'~ce with the goals, objectives and po~ies of Co111er County as set fort~ in the Growth Management Plan. The proposed Lifted comrncrc~ facilities of Mir-M,~ PUD will be cor~istent with th~ growth polk:ie~ land development reguladom, and applicable comprehensive planning objectives of each of the elements of Growth M, .anagement Plan for the foUov,4ng The subject property for development is withJn the Golden G·te Estates Designation as identified on the Golden Gate Azea Future Land Use Map, but is proposed to be an expansion ~rea to the Randall Boulev~d Commercia~ District through · Small Scale Plan Amendment pursuant to Subsection 163.3187 (1)(c), Florida Statutes. The uses contemplated are co~L~ent with Randall Boulevard Corm'neeclal DL~fict a~ set forth in the existing Golden Gate Area Ma.seer Plan. The proposed PUD and expansion of the Randall Boulevard Commercial District will serve to implement Objective 1.4. of the Golden Gate Area M,'tster Plan by providing limited commercial uses to enhance the quality of life of the residems of Golden Gate Estates. The development slandarcLs, landscaping and architectural design of the project ~*'ill ensure compatibLli~T and compkmem existing surrounding l~d u.~s. SEP 0 8 1998 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.I PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to descn'be the existing conditions of the property proposed to be developed under the project name the Mir.Mar PUD. 1.2 LEGAL DESCRIPTION The subject 2.38i acre property is described as: Th6 East ¼ of Tract 54, Golden Gate Estates, Unit No. 23, according to the Plat thereof, of record in Plat Book 7, Pages 9 and 10, ofthe Public Reco:'ds of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject proper't)' b owned by Gerald L. Bray and Marian M. Bray, husband and wife, as an Estate by the entireties, and George A. Carman, a married man, as tenants in common. 1.4 PHYSICAL DESCRIPTION The subject property is located in the southwest quadrant of the intersection of Rsndall Boulevard m*zi the Naples - Immokalee Road (C.R. 846), in Section 27, Township 48 South, Rz. nge 27 East. Thc subject property is presently undeveloped, but has been previously disturbed through the construction of the above..ref~e~__.eed__ inte~'sectlon. Further, the property has been traversed, through the graciousness of the property owners, by the Big Corkscrew Islam Fire Department's emergency vehicles to utilize ~n existing six inch potable water well for 611lng their truck water taxtks. The prepefl7 contains an admixture of both native and pioneering exotic vegetation and is ~ by surrounding development and ahered hydrolo~. The property is generally without topographic relief, with elevations ra~ from 14.0 to 14.8' above mean sea level_ The:proposed water management regime for the project WIU direct runoff to the stormwaler detention areas for water quality treatment, with outfall into the Randall Boulevard/lmmokalee Road Rights- Of-Way and to the Corkscrew Canal west of the project site. 1.5 PROJECT DESCRIPTION Thc Mir-Mar PUD shall he an ex*tensior~ of the existing ILmdall Boulevard Commercial D~rlct, with commercla.I development opportunity limited by the provisions of that District. In an effort to improve ingress and egress both to the PUD property arxt the Big Corkscrew Island Fire Station immediately to the west, access shall be shared with the fire station, thus providing greater turning movement onto C.R.-846, which shall he the PUD's on,Sy primary access. Should an agreement be r~achexl hetw~en the owners ofl/~ Mir-Mar PUD, and the owner of lands to the east, vehicular interconnection of the properties is SFP 0 8 1998 _ Pg. the narrow rectang~ a-ape of the i~perty arxi conaraia~ ~ ~ the propmy a.,mt be ck',~ioped with mol: than a 20,000 ~ltate foot lhoppiag crate. 1.6 SHORT TITLE Tl~ Ordiran<:e shall be known and cited as thc "Mit-Mar Planned Unit Deve~l:nncnt Ordinance". SEP 0 8 1998 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpo~ of this Section is to delineate ~ gtneml~ descn'be the projec~ plan of development, relationships to applicable County Ordimnces, the rcsptcdve land uses of the Mir-Mar PUD development, as well ~s other project relationships, 2.2 GENERAL mo Regu~tiom for development of Mir. M~r PUD shaU be in accordance with the contcnu of this docum~t, PUD-PI~'~I U~t Development District and otl'~r applicable sect~om and parts of the Coll~cr County ~ Dev~.lopment Code a~ Crrowlh Manag¢~nt Plan in effect at the time or bu~tlng permit ,ppGcation. Where these regutations f~l {o provide devtlopment~J s'ttndards, then the provisions ofhhe most similar diztric! in the County ~ Dcveiopmen! Code shall apply. B:' Unless otherwise noted, the defir~tlons of aU terms shall be the san~ az the definitions set forth in thc Collier County Land Development Code in effect at the tL-m of buUding pcrmit appl~.ation. ALI conditiom imposed and nil graphic material presented depicting restrictions for the development of Mir-Mar PUD shall become part of the regulations which govern the mam~ in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sectiom of the Land Development Code, where applicable, remain in full force and effect with respect to the development oftbe land which comprises this PUD. Eo Deveioprnem permitted by the approval of this petition w~ be subject to a ~m~ ~ ~¢r tM pro~m of Di~n 3.15, ~te ~ F~t~ of~ ~ ~ ~lop~t ~, at tM ~ or ~ to ~ of The project Master Plan, Imrudln8 t.yout of propeseff land uses, smd vehicular use areas is illustrated grapl'dca.lly by Ex}u'bit "A", PUD Master Pla~ Bo, In addition to the various areas ~ specific items shown on Exlu'bit "A", ea.~ments as nee__~_-,,,'y (ut~hy, private, semi-private) shall be estabKshed within the The subject property, being of limited size and width, can only support a maximum of 20.000 square feet of conmaercial shopping center uses. howtw,~, the developer reserves the fight to pursue dcvelopn'mat .uthorlty for, singular l:¢rmM~ed_ ~u_~e~ or/ muhiple permiued uses on more than one parcel. SEP 0 8 1998 Pq. ~ 2.4 PROJECT PLAN APPROVAL REQUIREMENTS Given that MLr-Mau' PUD is proposed to be developed With commercial land uses in no more than throe phe.ses by the existing property owner, sulxlMsion is not anticipated, nor required bas~ on the present development intent. Should the de~,elopmeut intent cha~4e such that subdivision procedures are required pursuant Io the Colllet County Land Development Code O-DC), the provisions of Division 3.2. of the LDC shall apply. Prior to FinaJ Local D~veloprnent Order issuance for ~ or p~ of ~be PUD, ruud plans of ~ requir~ L'~rovements shall receive approval of the appropriate Collier County govcrnrncntai agency lo insure compE~'~c¢ with the PUD IvLuler Plan a.nd the Collier County Land Deve}oprnent Code. Exile, it "A", PUD Mas~cr P{an, constitutes the required PUD Ek:velopmcnt Plan. Any divLsion of propo'ty and the development of the land shall be in compliance with DMsion 3.2 of the Collier County Land Deve{opmcnt Code, and t],~ platting law~ ofthe S~ate of F{orkia. Co The provLmions of DivLmlon 3.3 of the Collier County Land Ek:veloptrent Code, when appl{cable, sh~ll apply to the development of all platted tracts, or parcels of land as provided in s~3d Division prior to the issuance of a building pcrmh or other development order. Appropriate ~ts will be provided at the time of infa'astmctura.1 improvements reg~ding any dedications and method for providing perl~t,-,I maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN C~nges and amens may be made to this PUD Ckdinem~ or PUD Master Development PLan, Ex~u'bit "A", as ~ovided for in Sectio~.~?.3.5. of the Co{~et County Land Development Code. Ivih,~r changes and refaaemems ~ ~scn'bed in Section 4.3.C. of th~s PUD document may be made Lq connection ~ any type of development or pern~ appikafion required by the Collier County ~ D~velopmera ~. 2.6 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES 2.? Eastments shall be provid~ for water management areas, access, utilities and other purpo~s as require. Ail neces..~ ea~ments, dedications, or other b~rurnents shah be granted to insure the continued operation ~ ma. inte~ Of Ill llervice utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance eslablishing Mir-Mar PUD. LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subse:tion 2.7.3.3. oflhe Land Developmem Code, upon ~dop~ion of~ PUD Ch'dL, uu~ce and atlendant PUD Master Plan, the provisions of the PUD documem become a part of the Land Development Code and shall be the ~andards ofdevelopmeat for the PUD. Thenceforth, development Lq the area de[Lqe, ated ss Ibc PUD DLslricl on the Official Zoni~ Atlas wflJ be governed by the adopted development regulations ~ PUD Master Plan. SEP 0 8 1998 SECTION Ill COMMERCIAL DEVELOPMENT 3.1 PURPOSE 'l'nc purpos~ ofthis Section is to texturally ~'tlcut,,te lhe development plan for the project site ~ depicted on Exlu'blt "A", PUD M~er Plsn. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET A total of approximately 20,000 squ~r~ f~t of commercial land use arc& is proposed for the PUD project lands. The dev~loper reserves the right to construct the commercial land uses in one, two, or three ph,~s ~ may be dictated by mazket demand. 3.3 USES PERMITTED In no inst~:e shall the land uses permitted herein be diminished, or prohibited except through an amendment to this PUD Document. No building or structure, or part thereof, shall be erected, ~Itered or used, or larval used, in whole or in part, for other than the following: Principal Uses: 1) Autornob~ Service Station 2) Barber and Beauty Shops 3) Chikl Care Centers 4) Convenience Stores 5) Drug Stores 6) Food Markets 7) Haxdw~r~ Stores g) L~undries - Serf'Service Only 9) Post OfF..cs, ~d Professional Offices (including branch banks) 10) Rcl~r Shops - Radio, TV, Small Appliances ~d Shoes 1 I) Restarts. h~cluding f~t food r~.aumnts, but not drive-in r~s~un~ts 12) Shopping Center 13) Vcteriruso, Clinics with no outside kenneling SEP 0 8 1998 - .o. .?5"- B. Accessory Uses Accessory uses and st,'uctures cus~orr',ari~ associated with Ibc pcnnined principal uses and s'tructuzcs, including, but not linked to: i) Parking facilities and $ignage. 3.4 DEVELOPMENTSTANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or Ioi boundary l~es, or between structures. Con, u'r~rcial condominium a-~oclation boundaries shall not be utilized For determining development standards. B. MINIMUM LOT AREA: 10,000 .square feet. C. AVERAGE LOT WIDTH: 100 £cct. D. MTNIMUM YARDS: 1 ) Front Yard: 75 feet. No parking shall be permitted, nor any merchandise stored or displayed in the front yard setback area. 2) Side Yard: 30 feet. 3) Rear Yard: 75 feet. Eo M~NIMUlvl DISTANCE BETWEEN STRUCTURES: I0 feet. MAXIMUM HEIGHT: 25 feet. Go MINIMUM FLOOR AREA: 1000 ~uare feel gross floor area per principal structure, on the ground I~:)or. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 oftbe Collier Counter Land Development Code Ln effect at the th'ne of Site Development Plan approval. ARCHITECTURAL UNIFORMITY: Comn'~rcial/office development in this PUD shall have a cornnx~n archilcctural theme for all struclures. Guidance for the commonality of architecture may be derived from Division 2.8. of'lbe Land Development Code, or may be unique to th~ PUD. Con'u'r~rclal/offce developmen! she design shalJ conform with thc guidelines and s~andards of Divlsion 2.8. of the Land Development Code. 6 1998 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development comn',iitnents for the development of the project. 4.2 GENERAL All £acilities shall be con.siructed in strict accordance with Final Site Ek-veiopmem Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to tkLs PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Divislon 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible/'or the commitments outlined in this document. Thc dcveiolxr, his successor or assigr~e, shal~ follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rczoning of the property. In addition, any successor or azsignce in title to the developer is bound by any commitments within this agreement. These commitn~nts may be assigned or delegated to a commercial condominium association, as may be created by the Developer. Upon assignment or delegation, the Developer shall be r~leased from respons~llty for the comm~men~ 4.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Phm illustrates the proposed development and is conceptual in nature. Proposed tarsi use layout shall not be coratn~ to be final and may be ~ at anytime at any subsequent approval phase. Subject to the provisions of Sectlon 2.7.3.5 of the Land Development Code, amendments may be made firom time to time. All necessary easements, dedications, or other instrun'~nts shaU be granted to insure the cominued operation and maintenance of all services and all common ar~as in the project. The Community Development and Environmental Services Administ~or, or his designee, sh~II be authorized to approve minor changes and refincmcnu to the Mir- Mar PUD Master Plan upon written request ofthe developer. !) The following limitations shall apply to such requests: L The minor change or tc~T~e~ d~d] be co~L~cr~ ~ em Co,ct County Growth Managemem Plan and the Mir-Mar PUD document The minor change or re~nement shall not constitute a substantial c. ban~ ptu'su~ to Subsection 2.7.3.5.1. of the Collier County Land SEP 0 8 1998 4.4 Thc minor change or refinement shall be comp~t~le with adjacent land uses, and sha~ not create detrL,~nLtl impac~ to abutting hnd u~s, water maragement facilities, or external to the PUD bom'sdsri~ ~) The tu~wi~ ~ be considered minor chtnSes or refinements, subjcc~ to the limitations of Subsection 4.3.C. 1) of this docurmm: Reconfigaration of water management facilities where such changes are consistent with the criteria of' Col~r County. 3) Minor char:go and refinement~ as described above, ~ ~ ~ ~ npprop~te ~ ~ to ~ ~~ ~ ~ ~p~b~ ~ ~d~s ~ ~t~ p~r to ~ A~tor's ~t~n for appm~ 4) SCHEDULE PROVISION Approval by the Administrator of a minor change or refmernent may occur independent¥ from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designec's approval shall not constitute tn authorization for development or implementation of the minor change or refinement without first ol:~'firfing aH applicable County or City permits tnd approvals. OF DEVELOPMENT/MONITORING REPORT AND SUNSET This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the [.and Development Code. Bo An umual PUD mon. itorin8 report shall be subraitted pursuant to Section 2.7.3.6 of the Land Developrrmat Code. 4.5 TRANSPORTATION A. ArterlaJ level s'treet lightin~ shall be required at the project access point on CR 846, with said lighting irmalled prior to issuance of the first Certificate of Occuptncy. B. Adequate turn lanes shall be designed to serve the project, and shall be reviewed at the site plan approval stage of development. A site-specific access plan shall be developed at the appLicant's sole expense, and shall be reviewed and approved by the County prior to issuance of any building permits. C.. The PUD Document references the potential for future intcrconnection with adjacent properties. Notwithstanding the provisions of the Randall Center PUD, for which the developer has no responsibility, such interconnection shall be provkled at the earlier of either the developer's option, or a request by the County Transportation Services Department to facilkate tmfF:~ flow, and safe operations. D. There shall be no direct access to Ra.,xJ~ Boulevard permitted for this site. SEP 0 8 1998 4.6 WATER ~ANAGEMENT The development of'this PUD Master Development Plan shall be subject to and govt-rned by the following eonditiom: De'ailed paving, gm:flag and site dndr~ge plans shall be subrr~ed to Engineering Review Services Section for review and approval. No eonstrucnion perr~s shall be issued un]ess and until approval of the prol>osed cor,~rucdorg in accordance with the approved plans is granted by County Englneeri~g Review Services. 4.'7 UTILITIES Given that the project site is not presently serviced with centrally provided potable water or sanitary sewer, the pmjec't shall utilize well and sept~ systems. 4.8 ENVIRONMENTAL 4.9 4.10 An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site sha[l be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Thc PUD shall retain the appropriate amount of existing native vegetation to be preserved in hs enti. rery, with ail trees, underslor~, and ground covers leR intact and und~urbed, except for prohibited exotic species removal. For this parcel, a minimum of 9000 square feet of exls~ing native vegetation aha. U be retained or mitigated for in accordance with Section 3.9.5.5.4., LDC. The PUD shall be consistent with the Environmental Sections of the Cotlier County Growth Management Plan Conservation and Coastal Managemen! Element, and the Cottier Coumy Land Development Code in effect at the time of Cma] development ord~ approval. Pursuam to Section 2.2.25.8.1. oftbe Land Development Code, if during the cora-se of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, ~ development within the minimum area necessary to prot~ the discov~T shall be immediately slopped, taxi the Collier County Code Enforcement Department contacted. SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time ofzoning approval. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walLs are generally permitted as a principal use throughout the Mir-Mar PUD, and except .as provided for herein, buffer improvements shall be in conformance with Division 2.4 of the Collier County Land Development Code.. The fo~v,~ng slandards ~ apply: 9 SEP 0 8 1998 A.,. Landscape berms sha.lJ have the max~num side slopes: 1) Crrassed berms 4:1 2) Orouml cowrcd herms 3:1 " 3) P, Jp-Kap berms ! :1 4) Structural w,alicd herms may be vertical Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provisio~ finished grade sha~ be considered no greater tha~ 18 inches above the crown elevation of the nearest existing road, unless the fcnc~ or ~ is constructed on a perimeter lraxlscape berm. In these cases, the fence or wall shall not exceed 6 fee~ in height fi'om thc top of berm elevation with an average side slope of greater than 4:1 (Lc. 3:1, 2:1, I:1, or verticaI). Pedestrian sidewalks, bike paths, water rnar~gcment facilities and structures may be allowed in landscape buffer areas, so long as landscape buffer is increased I~ the equivalent width. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-greet parking areas shall he in accorda~s:e with Division 2,4 of the C. oilier County Land Development Code in effect at the time of Site Development Plan application. lO SEP 0 8 1998 MIR ~ "A" - MAR PUD MASTER PLAN .o~ EXECUTIVE SUMMARY PETITION: PUD-87-33 (2), MR. BRUCE J. SICILIANO, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING MIL URI ELI-AV, ELIAS BROTHERS, INC., REQUESTING AN AMENDMENT TO THE "WINDSONG" PLANNED UNIT DEVELOPMENT (PUD), ORDINANCE NUMBER 93-74 FOR THE PURPOSES OF ELIMINATING THE MULTI-FAMILY DWELLING TYPES AND THE ADULT CONGREGATE LIVING FACILITY (ACLF) UNITS AND IN ITS PLACE PERMIT SINGLE FAMILY DWELLING UNITS UTILIZING THE ZERO LOT LINE DEVELOPMENT STANDARDS THEREBY INCREASING THE NUMBER OF DWELLINGS FROM 134 TO 145 UNITS FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF RATTLESNAKE-HAMMOCK ROAD (CR-864) AND COUNTY BARN ROAD IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OB,rECTIVE: The petitioner seeks to amend the Windsong PUD, Ordinance Number 93-74 as noted above and to revise the PUD Document to meet current Land Development Code terminology and standards. CONSIDERATIONS: The requested amendment to the Windsong PUD Document and master plan proposes to eliminate all the multi-family and ACLF mits. The amended PUD document only permits single family dwellings and attached dwellings utilizing the zero lot line development standards as defined in the Land Development Code. It should be noted that the PUD is eligible to receive an additional 3 units per acre on the former 4 acre ACLF tract which results in 12 additional dwelling units. However, the petitioner is only requesting 11 additional units at a density of 2.75 units per acre. This will result in a total of 145 dwelling units on the 37.6 acre tract. As a result, the new project density of 3'.86 units per acre is 0.13 units per acre less than the residential density allowed in the currently approved PUD. Other modifications include revisions to the master plan that allows the residential units to be oriented around an enlarged and centralized lake area and eliminating the access point onto County Barn Road. Lastly, there are changes to the environmental conditions which include increasing the retained native habitat provided on the existing plan from approximately 6 percent to an amount not less than 16 percent. It should be noted that although the 25 percent retained native habitat requirement for new projects is not being met, the LDC provides exceptions to that policy for parcels that cannot reasonably accommodate both native vegetation and the proposed activity. This is especially true for small developments or in- fill residential projects. The current development rights entitle the owner to 134 dwelling units and 104 ACLF units pursuant to Zoning Re-evaluation Ordinance No. 90-23. It should be noted that the Density Rating System includes no provision to retain these 134 dwelling units. Instead, the Density Rating System would limit the entire 37.6 acre PUD to 3 dwelling units per acre for a total of 113 dwelling traits per acre. However, Policy 5.1 of the FLUE provides that: Projects approved prior to adoption of the Plan and found to be consistent through the zoning reevaluation program will be permitted to provided the permitted number of dwelling units and the intensity of development allowc SEP 0 8 1998 Pq. / including impacts to roads, water, sewer, drainage, solid waste and parks are not increased. In addition, "changes to residential zoning dis~cts which constitute a reduction in density will also be permitted." In staff's opinion, this amendment to eliminate 104 ACLF units and add 11 single family units will result in reduced impactn to roads, water, sewer, drainage and solid waste. The amendment also results in a slight reduction in density by 0.13 units per acre. In addition to the above FLUE consistency analysis, it should be noted that the development rights to this property come under scrutiny on October 23, 1998, pursuant to the sunsetting provisions of the Land Development Code. It is entirely unlikely that development could occur in a manner that would delay application of a review of this PUD pursuant to the sunsett~g provisions. A compatibility study conducted by staff indicates that the proposed amendment reduces the density and intensity of the existing PUD to a level that is similar to the Riveria Golf Estates PUD to the north which has an approved density of 3.6 units per acre. It is also less dense than the multi-family developments to the south and west. Since the amended PUD eliminates the multi-family and the ACLF units as permitted uses, the proposed detached single family or attached dwelling units utilizing the zero lot line development standards will be more unified and architecturally compatible with the single family development to the north and with the multi-family units to the south and west. In addition, the traffic impact review indicates that the proposed amendment will generate approximately 120 fewer trips per day than the amount currently allowed in the currently approved PUD. Furthermore, Rattlesnake Hammock Road is can'mn'O' a 4 la~ ro~ Iron~ng l~t~ project, 73e, current tra~c count for Offs ~egment is 9,446 AADT which results in LOS "A' operation. The currant ~ count .far County ~am Road i~ J 0,3~g and i~ opexating at LOS "C". The Collier County Planning Commission heard this petition on August 6, 1998. They unanimously recommended approval of this petition by a 7 to 0 vote. Staff has also received 2 letters in support of this PUD amendment petition. In addition, several neighboring residents spoke during the public hearing requesting information on the future platting of the lots, the drainage and on the architectural style of the dwellings. They also expressed general support for the amendments as proposed. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Approval of tiffs amendment to the Windsong PUD Document is consistent with Policy 5.1 of the Future Land Use Element of the Growth Management Plan. The requested density of 2.75 units per acre on the former 4 acre ACLF site results in 11 additional dwelling units which is .25 units per acre less than the site is eligible to receive by the density rating system. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-87-33 (2) be approved as described by the Ordinance of Adoptio thereto made a part of tlfis executive summary submission. J SEP 0 8 1998 P~I~ '~ ~ PKEPAu~ED BY: P,-~Y B~LOWS, P~CIP~ PLAN~ C~NT PL~'~G SECTION ~/ ~ ~, '~/~ ~NT PL.~X~G SECTION P{-~~G SERVICES DE~TMENT ~ENT A. CAUTERO, ~CF, DM~S~TOR COMMLB'ITY DEV. A~ E~q'I~O~IEiIt SVCS. D.~TB DATE DATE DATE PUD-S7.33 (2~ EX SL'M.',IARY RVB rb 3 SEP 0 8 1998 AGENDA ITEM 7-I MEM OR.~NDL~! TO: COLLIER COU'N'~' PLANNING COMMISSION FRO.M: CO~EM'L',':NqTY DE~;ELOPMENq' & ENVIRO~{ENq'AL SERVICES DATE: JULY 17. 1998 PE/ITION NO: PUD-87-33 (2), WTNT)SONG PUD AGENT/APPLICANT: Agent: Bruce J. Siciliano A~oh. Barber & Brundage. Inc. 7400 Tamiami Trail North Naples. Florida 34108 O'a, Tler: Dr. R. Jchard F. Zehner 310 West Market Street Orw~gsburg. PA 17961 Con.ac: Purckaser: Mr. Uti Eli-Ay Elias Brothers. Inc. 1805 W. Cro~'n Pointe Boulevard Naples. Florida 34112 GEOGRAPHIC LOCATION: The subject property is located on the northwest comer of Ranlesnake Hammock Road (CR-864) and Count3.' Barn Road in Section 17. Township 50 S, Range 26 E. (See map on following page) REOI-ESTED ACTION: The petmoner is requesting an amendment to the Windsong Planned Unit Development (PUD) and Master Plan to eliminate multi-family dwellings and the Adult Congregate Living Facility (ACLF) units as a per'mined su'ucture while retaining the single family dwelling units. The petitioner is also proposing to increases the number of dwelling units from 134 to 145 units. PCP, POSE/DESCRIPTION OF PROJECT: The proposes of this petition is to amend the PUD Document and master plan by eliminating all the multi-family and ACLF units. The petitioner's stated intent is to develop the site with attached single family dwelling units utilizing the zero lot line development standards. It should be noted that the PUD is eligible to receive 3 units per acre on the former 4 acre ACLF tract which ;s eligible for 12 additional dwelling units. However, the petitioner is only requesting 11 additional dwetling units resulting in a grand total of 145 units. Therefore, the new project density of 3.86 units per acre is 0.13 units per acre less than the residential density allowed h the,,'-,az3~,' ,~.~] ./ currently approved PUD. This is based on a carryover of the 134 dwelling units, and conw mort I SEP 0 8 i998 I! 0 8 i998 T- 'I~I -" Iii . I , 11 ?F.P 0 8 i~98 o£ 104 ACLF units to I 1 dwelling units. Other modifications include revisions to the master Nan that allows the residential units to be oriented around a centralized lake. ,Lastly, there are a number of changes to the environmental conditions that increases the nati,,e hal;itat from 1.2 acres to 4.8 acres which represents a 400 percent increase m native vegetation over the amount provided for m the existing plan. ' 'N ' , · 's, N,' · Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North - Developed single family; Zoned: R./veria Colony PUD" (3.68 alu's/acre) East - Count). Barn Road & developed residential; Zoned: Mobile Home "MH" South . CR.86,4 & developed multi-family; Zon : "RMY'-16" West - Developed multi-family; Zoned: ,,~.;,d, Vie,,,,. looking south fi.om project. ~ .~ N ~ N ' N N · This pet/don has been reviewed by the appropriate staff elements of the Grov,-th Management Plan, as noted below: View along the western property line. for compliance with the applicable ~'se Element (FLI.~iI The Windsong PUD was originally approved under Ordinance 88-6 on .lanuary I, 1988. Permitted uses consisted of 180 single family and multi- family units at a gross density of 4.79 units per acre, 104 ACLF units and 2.5 acres of C-l, C-2 or C-3 commercial uses. Pursuant to Zoning Re-evaluation Ordinance No. 90-23, the PUD was amended on October 12, 1993 to permit 134 single and multi-family units on 33.6 acres and 104 ACLF units on 4 acres. This results in a density of 3.99 units per acre for the residential units and 26 units per acre for the 4 acre ACLF tract. The project lands are located with the Urban- Residential-Mixed Use designated area on the FLUE Map to the GM?. A consistency analysis v,'Jth applicable elements of the GMP is as follows: FLUE and Densjl~ - The owner entity is currently entitled to initiate a development order for the construction of 134 single and multi-family units on 33.6 acres. The proposed conversion of the 4 acre ACLF tract to residential uses at 2.75 units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationship as noted below: Base Densi .ry Traffic Congestion Boundary +4..0 dwelling units per acre Maximum Permitted Density -~L0 dwellin_~ units ncr acr~ ' +3.0 dwelling units-per ate SEP 0 8 i998 The requested denser..' of 2.75 umts per acre on the former 4 acre ACLF site results m 11 addmonal dwelhng umts. This is .25 units per acre less than the site is eligible to receive by the FLUE and ~ts dens~D' rating system. Development rights currently entitle the owner to 134 umts as noted above. The additional 11 units results in a grand total of 145 units at a gross densiv,.' of 3.86 dwelhng units per acre. However, the Densis' Paling System includes no provision to retain these 13.1 dwelhng umts at a densis' of 3.99 units per acre. Instead. the Density Rating System would limit the enure 3'7.6 acre PUD to 3 dwelling units per acre for a total of 113 dwelling units per acre. However, Policy 5.1 of the FLUE prov~de-~ that: "Ail rezoning petitions must be consistent v,'~th th~s Grov:th Management Plan. In addition, PI,'D projects approved prior to adoption of the Plan and found to be consistent through the zoning reevaluation program v~ll be permitted to make changes provided the permitted number of dwelling units and the intensity of development allowed by the PUD (including impacts to roads, water, sewer, drainage, solid waste and parks) are not increased. Changes to residential zoning districts which constitute a reduction in densi~' wiU also be permitted." The \\'indsong PUD was not found to be consistent through the zoning reevaluaUon program and ,.,.'as. therefore, rezoned to be consistent with the FLU'E Densit2,.' Rating System in 1993. Theret'ore. tE:s peution is not rexqewed to determine if the density and intensity, of development are not increased for purposes of determining FLLrE consistency. However, since this is a residential PL'D. if it can be determined that a "reduction in densit3.'" results from the proposed change (from 134 mixed DUs and 104 ACLF units to 145 duplex or single family dxvelling units), then this petition could be found to be consistent with the FLUE via Policy 5.1. In staff's opinion, this amendment to eliminate 104 ACLF units and add 11 single family dwelling units does result in a densit?' reduction. In addition to the above FLUE consistency analysis, it should be noted that the development fights to this property come under scratiny on October 23, 1998, pursuant to the sunserting provisions of the Land Development Code. It :s entirely unlikely that development could occur in a manner that would delay application of a review of this PUD pursuant to the sunset'ting pro~,'isions. Traffic Circulation Element; The traffic impact re'*qew indicates that the proposed amendment will result in the project generating approximately 120 fewer trips per day than the cun:entlv approved PUD will generate. In addition, Rattlesnake Hammock Road is currently a 4 lane collector road fronting the project. The current traffic count for this segment is 9,a46 AADT which results in LOS "A" operation. The current traffic count for County Barn Road is 10,658 and is operating at LOS "C". Applicable Elements: Staff review indicates that this petition has been designed to account for the necessars' relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMI:' during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier Counb' Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat app, roval, or building permit applicable to this development. Therefore, this proposed pLrD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applic[~ble 3 SEP 0 8 i998 elements of the GMP and level of service relationships are to be achieved by stipulations and/or developmem commin'nents made a part of the approval of this development order. PLAN.'NING EVALUATION FOR ENVI'RON3IENTM~.. TRANSPORTATION ANI2 LN FRA STRU CTL~,.E~ - This petition was referred to all appropriate Count), agencies for their review. Since no level of sen'ice (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code and which have been incorporated into the revised PUD document. This petition went to the Environmental advisor. Board on July I, 1998. They have required that 25 percent (9.,I acres) of consen'ation areas be'retained on-site. The purpose of this petition is to ~ the \Vindsong PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent is to achieve a level of administrative convemence because it avoids the requirement to track amendments to the original document ;n order to understand the totalit3. of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognmon of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: The changes lo the tract boundaries will allow for a more unified conservation and presen'ation area. Furthermore, the elimination of the ACLF will create a more unified residential community. Other changes include slight reductions to the setback and lot area requirements to accommodate the proposed dwelling units. Lastly, this PU'D amendment will not adversely impact an>, level of sen'ice standard and is consistent with the currently adopted GMP via FLUE Policy 5.1 ('Reduction in Density"). A compatibility study conducted by staff indicates that the proposed amendment reduces the density and intensity of the existing PUD to a level that is similar to the Riveria Golf Estates PUD to the north. It is also less dense than the multi-family developments to the south, west and east. Since the amended PUD eliminates the multi-family and the ACLF units as pei~nined uses, the resulting attached zero lot line development will be more unified and architecturally compatible w/th the detached single family development to the north and with the multi-family units to the south and west. No longer is there an intermixing of single family, multi-family and ACLF dwelling types as is currently allowed in the PUD. Furthermore, all public facilities, including u'ansportation have been deemed adequate to serve the project. The petitioner also proposes some minor modifications to the development standards. For example, the lot width for the zero lot line lots has been reduced from $0 feet to 35 feet while the side yard setback is reduced from 7.5 feet to $ feet for detached units. Lastly, the front yard setback is reduced from 25 feet to 20 feet. The adjacent properties to the west and south are currently developed with multi-family dwelling types that includes rental apartments. To the east is a Mobile Home Park that is developed with approximately 760 units. These multi-family and mobile home developments are separated from the Windsong PUD's residential tracts by County Barn Road and a conservation area on the ia-'i'f side and by Rat~lesmake Hammock Road and landscaping along the south property line To 4 SEP 0 8 }998 improve consistency with the env'ironmenta] regulations, the revised PUD Mast~ Plan provides more native habitat hah the existing plan. Based on the above referenced analysis, staff is of the opinion that this amendment is compatible with the surrounding land uses. As a result, this petition should not have any adverse economic impact on the adjacent properties. Furthermore, this amendment will not have an adverse impact on any adopted level o£service standard. STAFF RE CO 513,1'E.N'D AT!_ ON l Staff recommends that the Collier County Planning Commission forward Petition PUD-g?-33 (2) to the Board of County Commissioners ~'ith a recommendation for approval. Staff Repor~ for the Jul.,,' 16, 1998 CCPC meeting. DATE DATE COLLIER COUNTY PLANNING COMMISSION: RVB.'rb' STAFF P,.EPORT/PUD-87-33 SEP 0 8 1998 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEAR.IN(} FOR STANDARD REZONE AND CONDITIONAL USE REQUESTS PLANNED UNIT DEVELOPMENT REOUEST$ COMMUNITY DEVELOPMENT DIVISION CUKRENT PLANNING Name of Applicant(s) Ur/Eli-Av. Elias Brothers. Inc. Applicant's Mailing Address 1805 W. Crown Pointe Blvd. Cit'}.' Naples State FL . Zip 341 lO,2.._ .Applicant's Telephone Number: Bus: (941 'l 417-0944 Is the applicant the owner of the subject property? Yes X _ No ( a ) If applicant is a land trust, so indicate and name beneficiaries below If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. .,, (c) If applicant is a partnerskip, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a leasee, attach cop)' of lease, and indicate actual owners if not indicated on the lease. __X__ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page. 2. ?,lame Agent: Name Bruce J. Siciliano. AICP Firm Agnoli. Barber & Brundage. Inc, Agent's Mailing Address 7400 Tamiami Trail North Cib' Napl¢; State FL Zip Telephone Number: Bus: (941) 597-3111 Fax: (941~ 566-2203 34108 PUD ORDINANCE NAME AND NUMBER: Windsong PUD 93-74 DEY.2dLED LEGAL DESCRIPTION OF THE PROPERTY COVER.ED BY THE · &PPLICAYION (If space is inadequate, attach on separate page. I£request involves change to more than one zoning district, include separate legal description for prope~' involved in each district. If propers,.' is odd-shaped, submit four (4) copies o£survev (1" to 400' scale). THE .APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGrN'EER'S CERTIFICATION SHALL BE REQUIRED. SECTION_ 17 TOWNSHIP_ 50 S RANGE 26 E _The southv,'es~; l,'a 9~the southwesl 1/4 of Section 17. Township 50 South. Range 26 EasL Collier Counp,'. Florida. less and excevt the road rieht-of-wav for Counw Barn Road and Rattlesnake Hammock Rd, ' - - - Address or location of subject property. The Northwest comer of the intersection of Rattlesnake Hammock and Count' Barn Roa~ Does proper't)' ov,'ner o~ contiguous properts., to the subject property? If so, give complete legal description of entire contiguous property.. (Ifspace is inadequate, attach on separate page).-_._N.O_ T'~TE OF AMENDMENT: __X_._ A. PUD Document Language Amendment .__,_X__ B. PL~D Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X ~ NO If no, explain: YES HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME?_ NO PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN X UNDER CONTRACT AND,"OR _ DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? ... X Yes. No. IF YES, DESCRIBE: (ATTACH ADDI?~: ...... SHEETS IF N'ECESSARY). PU [ "; ~ See enclosed Narravdve and revised PUD Master Plan and D Document [ 0 8 1998 The undersigned being first dui)' sworn, depose and sa)' that we 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 matter attached to and made a pan of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We .. fimher.?ermit the undersigned to act as our representative in any matters regarding this petition. ~esky, Pilon & % ood SIGNATURE- OF OW~R Dr. Richard F. Zehner Trustee Agnoli. Barber & Brundage, Inc. SIGNATURE OF APPLICANT Mr. Uri Eli-Ay Elias Brothers, lng. o f Rklq:51~ Pennsylv.ania Count>.' of ,.,The foregoing Application was acknowledged before ~,'0,.~,k~_,~.,~ 1998 by Richard F. Zehner kno~Lto me or ¢'ho has produced did (did not) take an oath. me this ~ day of , who i~ personally as identification and who (Signature of Notary Public) NOTARY PUBLIC Commission # A//~ My Commission Expires: · NOTARIAL SEAL ,., BaFoara A. Mosoiino, Notary Pu~ :' On~gsburg Boro, Schuylkill Co. PA ~ ' My Commission Exptms May 1, 2001 5.-"2 0 8 1998 '0 The undersigned being first duly sworn, depose and say that we 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 matter attached to and made a pan of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. Siesk'5'. Pilon & Wood Agnoii. Barber & Brundage. Inc. SIGNATURE OF OWNER Dr. Richard F. ;~ehner Trustee SI GNATIJ OF APPLICANT Mr. Uri Eli-Av Elias Brothers, Inc. State of Florida Collier County The foregoing kno~n to me or who has produced did (did not) take an oath. Application was acknowledged before November 2S, 2001 me this ].__~'-day of who is personally as identification and who '~T~-ture o N~ry-P~lic) NOTARY PUBLIC Commission # My Commission Expires: S£F 0 8 i998 WINDSONG PUD UtiliB' Statement The owners of the Windsong PUD agree to deed to Collier County the water distribution and wastewater collection facilities v-itl'fin the project area upon completion of the construction of these facilities in accordance with applicable Count3.' ordinances. The owners agree to pa)' applicable system development charges and connection fees to the Count3' Public Works Division prior to the i~suance of building permits by the CounS' Community Development Division. The owners also agree to dedicate appropriate Utilis' Easements for sen'lng the water and sewer systems if required. Owner ~ Date By: Owner Date OI.O0$KSDOC 1998 WINDSONG PUD Utili . Statement The owners of the Windsong PUD agree to deed to Collier Count5' the water distribution and wastewater collection facilities Mthin the project area upon completion of the construction of these facilities in accordance Mth applicable Count' ordinances. The owners agree to pa>' applicable system development charges and connection fees to the Coune,.' Public Works Division prior to the issuance of building permits by the Counp,.' CommuniD,.' DevelopmentDivision. The owners also agree to dedicate appropriate Utilir).' Easements for ser-,'ing the water and sewer systems if required. Contract Purchaser Date By: Contract Purchaser Date :"[ 08!998 1 ] OFFICERS & STOCKHOLDERS Dr. Richard F. Zehner, Trustee Fee Simple Ova'ncr SEP 0 8 1998 © I I '" / · ' I , - . , I r 0 0 0 ~,., %,* 0 SEP 0 8 1998 ,I SEP 0 8 1998 ! m~ opm( r~ 4 1~ SEP 0 $1998 ,.~~ SEP 0 8 1998 I SEP 0 8 1998 SEP 0 8 1998 SEP 0 8 1998 SEF 0 8 1998 SEP 0 8 1998 ¢:::nance -ha~l become eff~* upon fiZ~nq State. ~ASSED AND DULY ADOPTED by %he Board of Coun:y Comml$sioner$ of ~ C~iiier County, ~icrlda, =his __ day cf , 1998. 6 7 A:.-ES?: 8 DWiGH?--. BROCK, Clerk 9 10 Il 13 14 Approved as to Form and 15 Legal Sufficiency 16 19 Mar:~:e :{. :0 A~s:an: C:un:y A::crney BOARD OF COUNTY :OMMISS:ON£B$ COLL:ER COUNTY, fLORIDA BARBA~ B. BERRY, Chairman -2- SEF'O 8 1998 A:; OR.'i:;ANCE .'-~EN~'-NG ,';P,'~,:NANCE :;DNBEP. 9i-':;2, THE C~,LLiER COUNTY LAND 'DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNiNCORPO.:.~TEi. AREA CF COLLIER COUNTY, F'-ORi~A, BY OJ~.ENDING THE OFFiCiAL 23NiN$ ATLAS :.L%P :lUMBERED 0E17S 5Y CHANGING THE .'-ONING TLAS$1FiCATiON OF THE HEREIN DESCRIBED REAL PROPERTY FPOM "PUD" TO "PU~," .:LANNE2 UNIT DEVELOPMENT KNOWN AS WiNDSONG, FOR PROPERTY LOCATED ON THE NORTHWEST C3RNER OF P~ATTLEONAKE PiA,~MOCK ROAD (CR-864) AND COUNTY BARN ROAD, IN SECTION 17, TOWNSHIP 50 SOUTH, P. ANGE 26 EAST, COLLIER COUNTY, FLORIDA, ,~NS,.-..JG CF 37 6 ACRES; PROVIDING FOR THE .:.E~EAL CF 9.:.DiNANCE }lUMBER 58-6, AS A.ME}iZEi, '.HE F&F~MER WINDSONG PUD; AND BY F.:.OViii:iG Al; EFFECTIVE DATE. WHEREAS, Er;ce ' Sic:franc, AICP of Agnoli, Barber & Brundage, ,. 2- ir.:., r_.--r_~..-.%'_n7 Ur: Eii-A'.', Elias -'~r:;hers, '-nc., petm;'-cne~ :ne 2~ :-:ar: :f C:ur.:y -':r:~.~-~-~::.-.er-- -.: :.'.ange '.he ::n'-n:. :iass~flca~cn cf 29 %ne n_r.'-.-. :..:r-:.~- real .,~- THEF. EF~.RE~.~ EE iT 5.:.DA-':;ED BY THE BOARD CF ..... ,~,,,.Y"- COMMISSIONERS 32 ~ECT' 2~ 33 The 2:n:.-.~ '-ia~s'~f'-:a:'-cn cf the here'.n oescr:~,eo real proper;}' 3~ 'aza:e= :n Sec:Ion 17, .-:wnship 50 Sou=h, Range 26 East, Collier 35 .ii in-.':', rlurl:a, :.~ chanqes from "PUD" :¢ "PUD" Planned Unit 36 ievels.ur, en-. l.t a:ccrcance w:=h %ne FUD Documen-., attacheci hereto as aa ....... -. , wn'-ch is inter,cra;ed here,-.-, a,~d ky reference made par: }8 hereof. .-he Cffic'_ai Zcn'.nq A;las Map nu,n~ered 0617S, as descrlbeo 39 Crdlnance :lumber 91-!~2, %ne Collier Counly Land Development Code, ...... y amenoe~- acccr:lnqly. 3ra'-nance ::u,u'~er -I:--E, as amenaed, known as t,",e Windsong PUD, ~3 aacptec cn January 12, .1~88 by the Board of Coun;y Commissioners cf :~ Call:er C:unuy, :s herezy repealed :n mrs enumreuy. ~6 -1- SEP 0 g 1998 W12'4DSONG PLAN,~ED U'NIT DEVELOPMENT AMENDMENT 37.6 Acres Located in Section 17, Township 50 South, Range 26 East, Collier Count)', Florida PI~EPA R.E D BY: AGNOLI, BAP~ER & BRUNDAGE, INC. 7,100 TAMIAMI TRAIL NORTH NAPLES, FLOR.IDA 34108 ABB PROJECT NO. 7653/X003 July. 1998 PI~EPAR.ED FOR: ELIAS BROTHERS, INC. 1805 W. CROWN POINTE BLVD. NAPLES, FLOPdDA 34112 AND DR. PdCHARD ZEHNER 310 W. MARK.ET STREET OR~qGSBURG. PA 17961 Date Amendment Filed Date Amendment Revised Date Amendment Reviewed by CCPC Date Amendment Approved by BCC Amendment And Repeal Ordinance Number EXHIBIT A 1998 LIST OF EXHIBITS SECTION 1 TABLE OF CONTENTS PAGE i STATEMENT OF COMPLIANCE ................................................................... 1-1 SECTION II STATEMENT OF INTENT PROPERTY O\~,~ERSHIP 8,: DESCRIPTION ................................................ 2-1 SECTION III GENERA. L DEVELOPMENT REGULATIONS ............................................. 3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS ........................................... 4-1 SEP 0 8 1998 LIST OF EXHIBITS EXHIBIT A EXHIBIT B P.U.D. Master Plan, ABB File NO. 6596 UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987 SEF 0 8 1998 SECTION I STATEMENT OF COMPLIAN(~E The development of approximately 37.6 acres of property at the northwest comer of Count.,,' Barn Road and Rattlesnake Hammock Road (C.R. 864) in Collier Count', as a Planned Unit Development to be known as ',X'indsong and permitting 145 residential single family dwelling units, including zero lot lines units as defined by DIV. 6.3 of the Collier County Land Development Code on, 37.6 acres will be in compliance with the goals, objectives and policies of Collier Count?' Growth Management Plan for the following reasons. Residential Project O 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 ofthe Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and se~'ices permits the development's residential densi~' as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The residential density of approximately 3.86 dwelling units per acre (145 single family dwelling units on 37.6 acres) is in compliance with the future land use element via Policv 5.1 as this PUD results in a reduction in densits.' from the previous PUD (Ordinance #9~-74) which permitted 134 single and multi-family dwelling units on 33.6 acres and 104 ACLF units on 4 acres. 06'938kS.doc I-1 i "' ~ I S'P081998 SECTION II STATEMENT OF INTENT PROPERTY OWNERSHIP AND DESCRIPTION 2.1 PURPOSE The purpose of this section is to outline the description of the subject property, including the legal description, general description of the property area, physical description, project description, ownership and the Statement of Intent. LEGAL DESCRIPTION The southwest ~,,~ of the southwest % of Section 17, Township :50, Range 26 East. Collier Count3.'. Florida. less and except the road right-of-way for Count3,' Barn Road and Ra~lesnake Hammock Road. 2.3 PROPERTY O\\ .'NERSHIP Fee Simple Owner: Dr. Richard F. Zehner 310 West Market Street Orwigsburg, PA 17961 2.4 GENERAL DESCRIPTION OF PROPERTY AREA Located in eastern Naples, the subject site is sm'rounded by urban development with multi- family housing and the Lely Resort to the south, a mobile home neighborhood to the east, a multi-family neighborhood on the west and Riviera Golf Estates to the north. 2.5 PROJECT DESCRIPTION/STATEMENT OF INTENT It is the sponsor's intention to create a gated single family residential, development. The development shall be located around a manmade lake and areas of natural vegetation which enhance the development with natural beauty and a neighborhood recreation/pool area. 06-938kS.floc 2-1 The revised PUD Master Plan proposes to delete ali multi-family and ACLF units to create an attractive, secure single family neighborhood oriented around an enlarged central lake. and a native pine flat,.,.'oods conse~'ation area abutting County Barn Road. A community' recreation area and pool within two to three minutes walking distance of all homes is also proposed. The existing PUD currently permits 134 single family and multi-family units at a densi~' of 4 dwelline units'ac, an ACLF of 104 units on four acres and a conservation area of 1.2 acres. The revised PUD Master Plan proposes a reduction in densiD' and intensi~' and a substantial increase in Native Conservation Area and open space. All multi-family and ACLF units are also dele:ed. The new development program proposes 145 units at a gross density of 3.86 = units ac res. Native conservation area has been increased from 1.2 acres to approximately 6.1 acres, an increase of 500%. The nexx PUD represents a substantial improvement in design quality by creating a well- conceived secure single family neighborhood. In contrast, the existing master plan consists of three unrelated uses without any sense of neighborhood focus or environmental sensitiviLv. Access to \\'indsong v,'ill be via an entrance along Rattlesnake Hammock Road at an existing median opening. Rattlesnake Hammock Road ,,,,'as recently widened to a four-lane, divided facility. A temporary construction access along Count)' Barn Road is also proposed. 2.6 SHORT TITLE This Ordinance shall be known and cited as the WINDSONG P.U.D. Ordinance. 2.7 PHYSICAL DESCRIPTION The subject property is located in Eastern Naples in Collier County and consists of 376_+ acres of land. The site possesses frontage on both Rattlesnake Hammock Road and Count).' Barn Road. both of which are Count' maintained arterial and collector roads. Access to the site is proposed at existing median openings on both roadways. A wetland exists near the center of the site and is vegetated with pine!cypress with invasion ofmelaleuca. Because the site is surrounded by urban development, the natural drainage patterns have been significantly altered. 2-2 SEP 0 8 1998 3.1 SECTION III GENERAL DEVELOPMENT REGULATIONS PURPOSE The purpose of this section is to delineate and generally describe the project plan of development, the respective land uses included in the project, and the development criteria. 3.2 GENERAL Regulations for development shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the "Collier Courts' Land Development Code and Growth Management Plan". Residential areas designated on the Master Plan are to accommodate single family housing including zero lot line units as defined by DIV. 6.3 of the Collier Coung' Land Development Code, essential ser,'ices and customary accessory uses. MODEL L'.'NITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units ma,,,' be designated as models. Such model un/ts shall be govemed by Section 2.6.33.4 of the Collier Coung' Land Development Code. Temporal').' sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of the Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 3.3 06-93gkSdo¢ PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered, or used, or land or water used in whole or in pan, for other than the following: 1. PEI~MITTED PRINCIPAL USES AND STRUCTUR.ES: 1) 2) 3) Single family dwellings, including zero lot line, units pursuant to DIV 6.3 of the CCLDC detached single family homes; Water management retention and lake areas; Conservation area. 3-1 SEP 0 8 1998 2. PERY41TTED ACCESSORY USES AND STRUCTURES: 3.4 3.5 3.6 3.7 1) 2) 3) 6) Customary accessoD' uses and structures; Signs; Essential services, including interim utiliD' plants; Recreational facilities; Gatehouse; Swimming pools with screen enclosures. PEILMITTED MAXIMUM NUMBER OF DWELLING UNITS One hundred and forty-five (145) residential dwelling units. MINI.MUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, and other standards not specified herein, shall be in conformance with applicable Count>.' standards in effect at the time building permits are sought. PROJECT DENSITY The total acreage of Windsong is approximately 37.6 acres. The maximum number of dwelling urdts to be built on the total acreage is 145. The number of dwelling units per gross acre on the residential tracts is approximately 3.86. LAKES AND RETENTION A proposed lake and stormwater retention area has been sited in proximity to the existing and proposed roadways to permit optimum use ofthe land, increase the efficiency of the water management system, and enhance the project's overall aesthetic character. Exhibit "A" - PUD Master Plan shows the proposed location of the lake and retention area. Accordingly, the setback requirements described in the Collier County Excavation Regulations may be reduced with the approval of the Development Services Director. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated ma3' be removed from the development. 06-938kg.doc 3-2 S£P 0 8 1998 \k'TNDSONG DEVELOPMENT STANDARDS PEI:;L\,II TTED USES STANDARDS SINGLE FAMILY ZERO DETACHED LOT LINE*** MINI.MUM SITE 7500 3850 AREA SF SF SITE \VIDTH MIN. AVG.texcep~ cul-de-sacsl 70' SITE DEPTH .',.liN. AVG. 110' I10' SIDE YARD 5' 0OR5' FRONT YARD 20 20' LAKE BANK 10' l 0' SETBACK* REAR YARD 15' 15' SETBACK ** MAX BUILDING 35' 35' HEIGHT. (FT.) DIST. BETWEEN PRINCIPAL STR. 10' 0 OR 10' FLOOR AREA 1000-' 1000-' MINIMUM(SF) I StoD' 1StoD' 1200- 1200- 2 Stom' 2 Stor? See Section 3.7 Rear setbao[ ts 10 '.for acce~ or3.' use~ and structures. ' .45 defined b) Df! 6 3 ~f the Colher Coun0 Land De~ ¢lopment Code 0o-938k8 doc 3-3 SEP 0 8 1998 3.8 3.9 3.10 LANDSCAPE BUFFER A landscape buffer shall be established around the perimeter of the property in accordance with the standards of Section 2.4.7, Alternative B, of the Land Development Code. The landscape buffer that is shown on the PUD Master Plan is 20' wide. POLLiNG PLACES Polling places shall be a permitted use for the Supervisor of Elections in conformance with Section 2.6.30 of the Land Development Code. SITE DEVELOPMENT PLAN APPROVAL Site development plan approval shall be as set forth in DMsion 3.3, Site Development Plans. of the Land Development Code. 06.938kS.doc 3-4 SEt, 0 8 1998 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 4.2 TR_4.NSPORTATION IMPROVEMENTS Project entrance locations, as well as turn lanes and median openings at the project entrances, shall be required as provided for in Ordinance #93-64, Right-of-v,'ay Construction Standards Handbook. and Resolution #92..442, Access Control Policy. These improvements will be shown on the Preliminary SubdMsion Plat and Construction Drawings and will be constructed at the time building permits are issued. bo A sidewalk'~ike path shall be located along one (1) side of the main internal road system. These improvements will be shown on the Preliminary SubdMsion Plat and Construction Drawings and will be constructed at the time building permits are issued. .Access to the residential tract on Rattlesnake Hammock Road shall be designed with an internal "T" intersection with sufficient throat distances so as not to impede traffic. The Count-,' reserx'es the right to control both the location of the access and the design of such access. All costs associated vdth providing the necessao.' design, construction and permitting will be at the sole expense of the owner/developer. e. All roadways throughout the project are private. The owner'developer shall be responsible for payment of all costs associated with the design, construction and permitting of turn lanes and tapers to serve this development. The developer shall provide arterial level street lighting at all project accesses prior to issuance of the first Certificate of Occupancy. In accordance with Ordinance #92-22, as amended, requiring development to contribute its proportionate share of funds to accommodate the impact ofproposed development and area roads, WTNDSONG or its successors or assigns, agrees to pay road impact fees in accordance w/th said Ordinance. All of the above improvements are considered "site related" as defined in Ordinance ~92-22, as amended, and shall not be applied as credits for an.'.' impact fees required by that Ordinance. 06.938k8 doc 4-1 SEP 0 8 1998 All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 4.3 SOLID \VASTE DISPOSAL Arrangements and agreements shall be with the approved solid waste disposal service to provid'e for solid waste collection service to all areas of the project. 4.4 PUD ,1ASTER DEVELOPMENT PLAN a. The PUD Master Plan (E,'xhibit A ), is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that the final design ma)' satis~' the project and comply with all applicable requirements. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Minor design changes shall be permitted subject to County staff administrative approval. In the case of clustered housing with a common architectural theme, required property development regulations and setbacks may be waived or reduced provided a site development plan is approved by Collier Count}.' under Division 3.3 of the Land Development Code. .azeas illustrated as "lakes" shall be constructed as lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. fo The roads within '¢,~fN~DSONG are planned to be private roads. They will be designed to two-lane local street standards, with the option of reducing the right-of-way width to rifty feet with the approval of the Development Services Director prior to the preparation of construction plans. All required improvements may be installed in the proposed right-of-way. 06.938k8 doc 4-2 1998 4.5 UTILITIES 4.6 ao Telephone, power and TV cable service shall be made available to all residential units. All such utility lines shall be installed underground. The stipiflations contained in the Utilities Department memorandum dated August 21, 1987, are herein incorporated by reference (Exhibit "B"). WATER MANAGEMENT ao Detailed site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Director. bo In accordance with the Rules of the South Florida Water Management District (SF\VMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The use of off-site discharge from the project during the design storm event must be approved by SFMWD prior to the issuance of any construction permits for this project. Off-site discharge, if so permit-ted, shall be limited to 0.06 cfs/acre. Co An Excavation permit will be required for the proposed lake in accordance with the Collier County Excavation Regulations. 4.7 ENWIRONMENTAL ADVISORY BOARD STIPULATIONS Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the acquisition of a vegetation removal permit prior to any land clearing. A site clearing plan shall be submitted to the Planning Services Department for their review and subject to approval prior to any work on the site. This plan may be ~bmitted in phases to coLncide with the development schedule. The site clearing plan flaall clearly depict how the final site layout incorporates retained native vegetation as sho~m on the revised PUD Master Plan. bo 04.-935kSdoc All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and presen'e areas. Following site development plan approval, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic spede~. This plan, which viii describe control techniques and inspection intervals, shall be fried with and subject to approval by the Planning Services Department. 4-3 SEP 0 8 1998 4.8 If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site. artifact, or other indicator is discovered, all development at the loc~ation shall be immediately stopped and the Planning Services Department notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services Department will respond ha a timely and efficient manner so as to provide only a mhaimal interruption to an5' constructional activities. Environmental permitting shall be in accordance w~th the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conser,'ation areas shown on the PUD Master Plan shall be recorded on the plat with protectix e covenants per or similar to section 704.06 of the Florida statues. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity Ibr ownershi? and maintenance responsibilities and to Collier County with no responsibiliLv lbr maintenance. The PUD .Master Plan has been updated based on the findings of the U. S. Army Corps of Eneineers ICorps) and the South Florida Water Management District regarding iurisd~'ctional wetands. Due to the poor quality of the proposed wetland preserve, both 'the CORPS and the South Florida Water Management District recommend mitigation by obtaining land off-site. The PUD Master Plan provides for the preservation of 6.1 a~res of native vegetation in the form of pine flatwoods, which represents 16% of total PUD acreage. At the time of PSP submittal, the petitioner shall show areas not less than 16% of retained native vegetation. Retained areas of native vegetation shall be preserved in their entirety with all trees, understo~' and ground cover left intact and undisturbed. except for prohibited exotic species removal. These areas shall be recorded on the final plat with protective covenants per or similar to section 704.06 of the Florida statutes and shall be dedicated on the plat to the project's homeowners association or like entit)' for ownership and maintenance responsibilities and to Collier Count)' with no responsibility for maintenance. EAST NAPLES FIRE DISTRICT STIPULATIONS a. This department will require that all fire hydrants be served by a minimum 8" looping water main with hydrants spaced no further than 500 ft. apart. 0~-938k8 doc All structures shall be so arranged that fire apparatus will have sufficient access to them. 4-4 ~' "-"~'~ SIP 0 8 998 t A. Water & Sewer EXHIBIT "B" 1) 2) ~) 4) 06-938kg.doc Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier Count' and the State of Florida. Water and sewer facilities constructed within platted fights-of-way or within utility, easements required by the Count' shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate Count2,.' Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the Count).' to be located within utility easements shall be owned, operated and maintained by the Developer. his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure the.,,' meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, Count3.' owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the Count3.'. when required by the Utilities Division. pursuant to Count')' Ordinances and Regulations in effect at the time conveyance is requested. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. All customers connecting to the water distribution and sewage collection facilities will be customers of the County. and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customersof the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to suppl.,,' potable water to the project and/or receive the project's wastewater at the time 5-1 SEP 0 8 19~8 5) development commences, the Developer, at this expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulator3' agencies. ..-~ Agreement shall be entered into between the County and the Developer. binding on the Developer. his assigns or successors, legally acceptable to the Count.'.'. prior to the approval of construction documents for the proposed project. stating that: a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the Countys off-site water facilities and'or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply sep,'ices only to those lands owned by the Developer and approved by the Count)' for development. The utility facility (ies) may not be expanded to provide water and/or sewer service outside the development boundary approved bk· the Count)' without the x~Tirten consent of the County. b) Upon connection to the Count)"s off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the Count)'. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the Count)' within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refining of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water ancL/or sewer lines necessary to make the connection (s), etc. 06-938kg.doc d) At the time County. off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 5-2 SE F 0 .~' 1998 1) 2~ All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the Count' ~s-ithin the project limits required to make connection with the CounD"s off-site water and'or sewer facilities: or. Ali water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and./or sewer facilities are constructed on private propert.v and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main inter-connecting with the Count)' sewer facilities including all utility easements necessary~ b) Water distribution facilities from the point of connection with the Counts"s water facilities to the master water meter serving the project, including ali utiliv,.' easements necessary. The customers served on an interim basis by the utiliD' system construi:ted by the Developer shall become customers of tl~e Counv,.' at the time when Coun5' off-site water and/or sewer facilities are available to serx'e the project and such connection is made. Prior to cormection of the project to the County's off-site water and.'or sewer facilities the Developer, his assigns, or successors shall turn over to the CourtS' a complete list of the customers served by the interim utilities system and shall not compete with the Count.',' for the ser,,'ice of those customers. 'I'he Developer shall also provide the County with a detailed inventor' of the facilities served within the project and the entiV,.', which will be responsible for the wa~,'r and, or sewer sera'ice billing for the project. All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. go The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. 5-3 SEP 0 8 1998 The Corms' v-ill lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off- site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion oft he proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. ^) Data required under Count.',' Ordinance No. 8-112 showing the availability of sewage service. must be submirted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the se',vage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. B) If an interim on-site water supply, treatment and transmission facility is utilized to sen'e the proposed project, it must be property sized to suppl.,,' average and peak day domestic demand. in addition to fire flow demand at a rate approved by the appropriate Fire Control District sen'icing the project area. C) Construction and ownership of the water and sewer facilities, including any proposed interim water and'or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies. Ordinances. Practices, etc. in effect at the time construction approval is requested. D) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. £) The on-site water distribution system to serve the project shall be connected to the District's 12-inch water main on County, Barn Road, extended throughout the project and looped to the District's 8-inch water main on Rattlesnake Hammock Road. During the design of these facilities, the following features shall be incorporated into the distribution system: a) 06-938kg.doc Dead end mains shall be elimitlated whenever possible by looping the internal pipeline network. 5.4 SEP 0 8 1998 The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project, improved as required outside the project boundar2,.' to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities and extended within the project limits as required. If the District's Regional Sewage Transmission facilities are available for sen'ice within the fights-of-way of Rattlesnake Hammock Road, at the time design commences on the project, connection shall be made directly to those facilities after completion of the necessar2..' hydraulic analyses. O) Section 5.5 - Utilities of the rezoning petition document shall be revised to include the above stipulations and specie' the Petitioner's acceptance of them. A draft Ordinance for the rezoning approval, which contains the above stipulations, must be submitted to the Utilities Division for review and approval prior to the Petition being considered by the Board of County Commissioners. 06-938kS.doc 5-5 1998 EXECUTIVE SUMMARY PETITION SNR-98-04, DAVID W. SCHMITT, P.E., OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING ROBERTO BOLLT OF ORANGETREE ASSOCIATES, REQUESTING A STREET NAME CHANGE FROM RANDALL BOULEVARD TO VALENCIA PARKWAY, LOCATED IN GOLDEN GATE ESTATES UNITS 23, 24, 25, 67, 68, AND 69, AND IN SECTIONS 22, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: The Petitioner requests a street name change from Randall Boulevard to Valencia Parkway. CONSIDERATIONS: The Petitioner states that the reason for the proposed change is 'to better direct the general public and visitors to the Vaiencia Community and Public Golf Course.' The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 320 owners of property abutting the street in question, 167, or 52 percent, have granted their approval of the change. The street is about 5.4 miles in length and runs be~,een Immokalee Road and Desoto Boulevard. FISCAL IMPACT: None. The petitioner has agreed to bear the cost of replacing the street signs. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition 04, changing the name of Randall Boulevard to Valencia Parkway. A~Eh12A~TE~. SEP 0 8 1998 : ' ,, ~,,~:,:,,,,,,,,e ,,,,I-I-I~-1-!-~ ......... ~' I -,l~l~ -. .. i i~''''' '" *' '"" " ": ' ' a, ~ ~ 1'1=~=1, Pii 11,1,~--i,i i,i--i -i-.i.- ..,,, ;I "' ;I ' ~ii'~J~d*l'l=i:]'l'l:f'''i,'~ :' I ~ ~ '~' ~ ~ :,-"' ~ -' ~, ~ ~t t~ ' ~ ii '1' iii' "i:~l~l~l~*l, ~ 'xx ,, ill ~ . ,, ,~ , ,, ,, ,:, , =~ ,,,,~,,,,, ~:,~, ~,~,.~,if,,:,~,i,~,,.i,1,;'~~`'' '": ~' ~" ':='~' ;, ~ ,, ,, ~ I ~;~ i ~' '~ i'~:~' ~, , ~ '1 ~;,-~:-,~If t * : '" ~' ;~ ~l'~l'l' 'ITI'I'I'!I'I ;!'11~1'11'~ 'l:{' .l- -- .. -.- ~ -. ,. ~ll~ 'l'l=~1'1'1`1'1,1~ ~'~'1' PREPARE~ BY: R~)~S-GOC'~ENAUR, PLANNER I C~RENT PLANNING R~VIEWEDI~Y: CURRENT PLANNING MANAGER DATE DATE /~E, AICP, -- PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNR-98-04 SEP 0 8 1998 Property o~ners per Graphics/Property Appraiser 299 per petitioner 320 50% + 1 o£ 299 ,, 150.5 50% + 1 of 320., 161 Petition signed by 167 SEP 0 8 1998 Q. GRADY MINOR. P.E. MAPd( W. MINOR. P.E C. DEAN SMITH, P.E. DAVID W. SCH,MrI'r, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners April 28, 1998 ALAN V. ROSEMAN ~ ROBERT W. THINNE,%, A.I.C.P ERIC V. SANDOVAL P_qM. Mr. Ronald Nino Collier County Planning Service 2800 North Horseshoe Drive Naples. FL 34104 RE: Proposed Randall Boulevard Name Change Dear Mr. Nino: Orangetree Associates wishes to change the name of Randall Boulevard to Valencia Parkway. The proposed change is requested to better direct the general public and visitors to the Valencia Community and Public Golf Course. I have attached the following items to facilitate the proposed name change. 1. Application fee of $330. ($10 fee plus $1.00 x 320 property owners) 2. Executed original petitiom (162) 3. 1 copy of Executed Petitions on 8'h x 11 (Pages 1-54) If you have any questions concerning this submittal or need additional information, please call. Very truly yours, David W. Schmitt, P.E. DWS:jw Enclosure cc: Roberto Bollt - Orangetree Assoc. F:OKANGE\VAL.NC (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA~aolxom 3800 Via Del Rey · Bonita Springs, Florida 34134 SEP 0 8 1998 ~RADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHM1Tr, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Eng/neers · Land Surveyors · Planners May 28, 1998 ALAN V. ROSEMAN ROBERT W. THINNF_& A.I.¢.P. ERIC V. fiANDOVAL, PS.M Mr. Ross Gochenaur Collier County Planning 2800 North Horseshoe Drive Naples, FL 34104 RE: Randall Boulevard Name Change Dear Mr. Gochenaur: Per our phone conversation please find enclosed five (5) additional petitions in support of the requested street name change. Thank you for your assistance. Very truly yours, David W. Schmitt, P.E. cc: Rot)eno Bollt DWS:kdd F:ORANGE\VAL.NC (941) 947-1144 - FAX (941) 947-0375 · E-Mail: QGMA~laola:om 3800 Via Del Rey ' Bonita Springs, Florida 34134 1998 ---Pg:~ . Q. GRADY MINOR. P.E. MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'I-F, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ALAN V. ROSEMAN ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P-SM. May 11, 1998 Mr. Ross Gochenaur Collier County Planning 2800 N. Ho~'~cshue Drive Naples, FL 34104 RE: Randall Boulevard Name Change Dear Mr. Gochenaur: Per your request the following additional information is provided in support of the requested street name change. 1. Legal description should include the following. Section 22, T48, R27 Section 23, T48, R27 Section 24, T48, Unit 23 Golden Unit 24 Golden Unit 25 Golden Unit 67 Golden Unit 68. Golden Unit 69. Golden R27 Gate Estates Gate Estates Gate Estates Gate Estates Gate Estates Gate Estates There are 320 identified properties on Randall Boulevard from its intersection at Immokalee Road east immediately past DeSoto Boulevard. This was based upon the property owners list obtained from Collier County. We initially mailed petitions to all 320 property owners. Subsequent follow-up was done via phone contact with many of the property owners (where phone numbers could be obtained) and additional petitions mailed. 3. The Petitioner is willing to pay the cost of those road signs requiring change. (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMAghaol.com 3800 Via Del Rey = Bonita Springs, Florida 34134 ~,..,~1 1998 Mr. Ross Gochenaur RE: Randall Boulevard Name Change May I1, 1998 Page 2 For your use a map has been included showing the various streets along Randall Boulevard. If you need any additional information, please call. DWS:jw Very truly yours, David W. Schmitt, P.E. Enclosure cc: Roberto Bolit F:OP-~ANGEWAL NC SEP 0 8 1998 RESOLUTION NO. 98- F, ESOLUTiON RE~:A~M!NG FANDALL BOULEVAF. 2 · ~L-,,~.A PARKWAY", WHICH STREET IS L~CATED i:: PART iN O.:ANGETREE SUBDIVISION, LOCATED -~'---.WE~-N-' iw~OKALE~ ...... ROAD (CR 84~) EAST DESOTO BOULEVARD IN GOLDEN GATE ESTATES U:~!T$ 23, 24, 25, 67, ~8 and 6~ AND iN SECTIONS 22, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. XHEREAS, the ~.:ar~ of County Commissioners is authorized pursuant to 13 authcr~ty cf Chapter 336.~5, Florida Statutes, to name or rename streets :4 and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to 1~ confirm the renaming of Randall Boulevard to Valencia Parkway. This 17 street is located in Golden Gate Estates Units 23, 24, 25, 67, 68 and 69, · ~.. an~ in --.~--~3n$ 22, 22 and ~' , Township 48 South, P. ange 27 East, Collier ...... :, Florida Orangetree Subdivision, according to the plats thereof, 20 recorded in ~lat Book ~, Pages 9-13 and Page 65, Pla% Book 5 Pages 89-90 1: anc Fiat Bock 7, Page 65 of the Official Reccrds of Collier County, WHEFEAL, inere a~ears %c se nc street in Cclller Count}' with this 24 na~e 3r any similar sounding name; and 25 WHEREAS, it is necessary for identification purposes to confirm the 26 nar~e of ~kis street, 27 ~:OW THEP. EFDP. E, 5E '- RESOLVED B'f THE BOARD OF C~U~TY COMMISSIONERS OF ............. ~f, FLORi2A: 29 The name cf this street is hereby changed from Randall Boulevard to 3o '.'alen~ia Parkway and is confirmed as such. ~E iT FUP. THER ~ESOLVED that ~his Resolutlon be recorded in the Public :2 Fer:r~s .cf Tcilmer County, Florida, an~ no~ed upon the maps cf the street ]] anz :cnln~ atlases cf Collier County, and notations made cn the referenced 35 This ~esciuticn adcpte~ after motion, second and majority vote. Lone this day of , '998. 37 ~ ATTEST: 40 41 43 2WiGHi E. 5~OC71, Clerk 45 A~prcve~ as t~ Form ant Legal 46 Sufficlency: ~O Assistant Cmunuy Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman SEP 0 R 1998 EXECUTIVE SUMMARY To approve a Budget Amendment that authorizes the Office of Management and Budget to transfer funds from Fund 121, Cost Center 919010, Object Code 991000, Project No. 00000 CReserve Contingencies) into Fund 121, Cost Center 138755, Object Code 763504, Project No. 00000 for the purpose of constructing Sidewalks in the CDBG Shellabarger Park Project. ~ To have the Board of Commissioners authorize the Office of Management and Budget to transfer funds from the CDBG Grants "Reserve Contingency" Object Code into thc CDBG Shellabargcr Park Sidewalk Object Code. CONSIDERATION: Originally, the application for 1997 CDBG funds for infrastructure improvements at Shellabarger Park did not request allocations for sidewalks. However, the County Engineer requires that sidewalks be installed in all new developments. While Shellabargcr Park is not a new development, its main road, El Paso Trail was turned over to the County this year, and is no longer considered a private road. Because this road is now owned by the County, the engineering firm designing the project, Wilkison & Assoc., has designed the infraslructure improvements at Shellabarger Park with the County requirements in mind. This means thit sidewalks should be installed. Unfortunately, because the sidewalks were not part of the original 1997 CDBG application to the DCA, the I)epartment of Community Affairs will not reimburse the County for the activity. The Housing and Urban Impro~ent Department has funds available to pay for these sidewalks so that th/s development will meet county road requirements. Not only are the sidewalks important so that E! Paso Trail meets County Road Requiremen~ but it is also important because there are currently no sidewalks on El Paso now. If a new road was constructed, the residents would be forced to walk in the streets if they wanted to walk anywhere in the development. FISCAL IMPACT:. To approve a transfer of funds from Fund 121, Cost Center 919010, Object Code 991000, Project No. 00000 (Reserve Contingencies) into Fund 121, Cost Center 138755, Object Code 763504, Project No. 00000 for the purpose of constructing Sidewalks in the CDBG Shellabarger Park Project. No new funds will need to be allocated for this project. GROWTH MANAGEMENT IMPACT: The transferred funds into the Shellabarger Park site will be used for [he construction of new sidewalks along El Paso Trail, to provide a safer environment for pedestrians in the development and to construct a road with the appurtenances that are required by the County engineering department. RECOMMENDATION: That the Board of County Commissioners authorize the Office of Management and Budget to transfer the requested funds from the designated line items to the objSUBMITYED ec ts co des requeste_.cLia.the~Bud..g. ~_i , ..._..,..~, et ...,~t form.~" ~1~''/~ Don ~.. l~l~lock, Jr, Matd'ger Date: 7 "' 30 -~(~ · REVIEWED BY: ~ ~ el,/''~' Date: ~'.~9 '"/.~ Grog lVJtl~h'c, Director Vince A. Cautero A/CP, Administrator Community Development & Environmental Services HO, ~ SEP 0 8 1998 EXECUTIVE SUMMARY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT THE RESOLUTION APPROVING THE AMENDED LOCAL HOUSING ASSISTANCE PLAN (H.A.P.) FOR FISCAL YEARS 1998-1999, 1999-2000 AND 2000-2001 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES (S.H.I.P.) PROGRAM AND THE FLORIDA HOUSING FINANCE CORPORATION; AUTHORIZING SUBMISSION OF THE AMENDED LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AND APPROVING THE EFFECTIVE DATES, OBJECTIVE: To have the Board of County Commissioners adopt the resolution approving the amended Collier County Local Housing Assistance Plan (H.A.P.) for fiscal years 1998-1999, 1999-2000 and 2000-2001. CONSIDERATION: On April 28, 1998, the Board of County Commissioners passed Resolution 98-106, thus approving the Local Housing Assistance Plan (H.A.P.), the Inter- local Agreement between the County of Collier and the City of Naples, and the Certification to the Florida Housing Finance Corporation (F.H.F.C.). The State of Florida requires each local government to adopt a resolution establishing a maximum award schedule, an average cost per eligible housing unit, and a maximum cost per unit per eligible housing unit benefiting from awards pursuant to the S.H.I.P. program. The F.H.F.C., once in receipt, officially reviews the H.A.P. and offers its respective comments and recommendations as to the language and content of the document. The Collier County Department of Housing & Urban Improvement has contacted the Florida Housing Coalition and the F.H.F.C. in an effort to seek expert advice on making the necessary revisions to the Collier County H.A.P. The revised H.A.P. addresses the recommendations of the F.H.F.C. and adds clarifying language to the housing strategies and incentives as described within the plan. FISCAL IMPACT: Fund - Fund 191. An estimated $1,240,387 per year over the next three yeq awarded to the County with $135,698 allocated for the City of Naples and $1,11 unincorporated Collier County. Ail loans will be paid from the S.H.I.P. Affordable Housing Trust ..~ =.-'I! 1__ ~,699 1998 GROWTH MANAGEMENT IMPACT: The amended Local Housing Assistance Plan will further the goals of the Housing Element (Ordinance 97-63) of the Collier County Growth Management Plan. The H.A.P. will allow Collier County and the City of Naples to enhance the development and rehabilitation of affordable housing. RECOMMENDATION: That the Board of County Commissioners adopt the proposed resolution for the amended Collier County Local Housing Assistance Plan for fiscal years 1998-1999, 1999-2000 and 2000..2001; Authorizing submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation for review and approval; and, approving the effective dates. SUBMITTED BY: Date:~ ~., .~' -J~a~n E.3Sweat, Manager REVIEWED BY: /~ ~~?~ Date:z~' Z .7- O~eg Mi/(ali¢, Director - APPROVED BY: Depa)'tment of Housing and Urban Improvement ~L~~. ~/f/. ~ Date: ,~-~, 7- ~oo Vincent A. Cautero, AICP, Administrator Division of Community Development and Environmental Services AG~. A NO. ~ SEP 0 8 1998 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. 95-~ RESOLUTION APPROVING TI-~ AMENDED LOCAL HOUSING ASSISTANCE PLAN (H.A.P.) FOR FISCAL YEARS 1998-1999, 1999-2000 AND 2000-2001 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES (S.HI.P.) PROGRAM AND THE FLORIDA HOUSING FINANCE COKPORATION; AUTHORIZING SUBMISSION OF THE AMENDED LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AND APPROVING THE EFFECTIVE DATES. x,~,~IEREAS, the Florida State Legislature enacted the William E Sado'* ski '10 Affordable Housing Act on July 7, 1992 (the "Act"). Section 420 907. et seq, Florida 20 Statutes, Chapter 91-37, Florida Administrative Code, as a comprehensive funding package :21 for state and local housing programs to better enable local governments to meet their 22 responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and ,existing documentar3' stamp taxes on deeds to local governments for development and 25 26 27 28 29 30 31 32 33 34 35 36 maintenance of affordable housing; and WHEREAS, on April 28u' 1998, the Board of County Commissioners of Collier County, Florida, approved Resolution 9g-106, thus approving the Local Housing Assistance Plan, the Inter-local Agreement between the County of Collier and the City of Naples, and the Certification to the Florida Housing Finance Corporation; and WHEREAS, the Florida Housing Finance Corporation reviews the Plan and offers its respective comments and recommendations as to the content of the document, and WHEREAS, the Collier County Department of Housing & Urban Improvement, has, as a resuh of discussions with the Florida Housing Coalition and the Florida Housing Finance Corporation. amended the original Local Housing Assistance Plan and added clarifying language to the housing strategies and incentives as described within the Plan; and WHEREAS, the Act requires in order to qualify for additional S.HIP. Funds, local governments must develop a new, one to three year Local Housing Assistance Plan outlining the local governments' use of SHIP Funds, and 39 9,~4EI~,EAS, it is in ~he best interest of Collier County to qualify for the S.~I.P. 40 Funds, ~d ~1 a~ion ~en by ~e Co~ ~ ~ermce of tach qu~on is for a ~d 4~ Counb' pu~ose. 42 NOW, ~FO~, be it resolved by ~he Bo~d of Coumy Commissioners of 43 Collier Count.',', Flodd~, tha: ~ I The Board of Count' Co~ssioners hereby ~pproves the amended T~ee Y~ ~5 Lo~ Housing ~sisl~ce Plm for fi~ y~s 199~-1999, 1999-2000 ~d 2~0-2~i. ~ 2. The Ch~ of ~he Bo~d of Counw Co~ssioners is amho~ed ~o mb~ 47 lhe ~ended Loc~ Housing ~sis~ PI~ a copy of w~ch is anached herelo ~d ~e 48 p~ hereof, ~o the State of Florida Housin~ Finance Co~orafion for its r~ew ~d ~9 approve. 50 7. This ~esolufion s~l l~e effecl immedialely upon its adoption 5~ T~s ~esolufion adopted ~er motioa second and majomy vo~e favofin~ ~me 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 DATED; ATTEST: DWIGHT E. BROCK, Clerk BOA.KD OF COUNTY COIVL~flSSIONE-KS COLLIER COUNTY, FLOB, IDA BY: Barbara B Ben5', Chairman Approveda~to ~ ./~'(~ ., Heidi F. Ashton Assistant Count}' Attorney j~.O'ship/r,- so SEP 0 8 1998 COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (SHIP PROGRAM) 1998-2001 Prepared for Collier County and the City of Naples e, ,4~ "'~':" TM SEP O 8 1998 Pa, SECTION SUBJECT PROGRAM DESCRIPTION PAGES III IV V VI VII VIII IX X Xl Xll General Information Proposed Use of S.H.I.P. Funds Public Input Plan Implementation Responsibilities LOCAL HOUSING PARTNERSHIPS Housing Partnerships HOUSING ANALYSIS SUMMARY Background Rental Housing Housing Units Substandard Housing Employment & Wages INCENTIVE STRATEGIES PROGRAM STRATEGIES AND SUPPORT Impact Fee Relief Housing Rehabilitation Down payment/Closing Cost Assistance Land Acquisition/Transfer Demolition with New Construction Special Needs Housing Emergency Home Repair OTHER Plan Affordability Non-Discrimination Policy Plan Advertisement & Outreach Support Services Affordability Administrative Expenses ADMINISTRATION Budget TABLES TIMELINE HOUSING DELIVERY GOALS C E RTIFICAT10 N INTERLOCAL AGREEMENT 1 1 1 2 3 5 5 6 7 7 8 9 10 11 12 13 14 15 15 15 15 16 16 17 1 { SEP 081998 : SEP081998 1 SECTION I PROGRAM DESCRIPTION ' SEP 08 i995 GENERAL INFORMATION Collier County, in conjunction with the City of Naples, is the requesting applicant for funding assistance under the State Housing Initiatives Partnership (S.H.I.P.) Program. Collier County, a non-entitlement community, contains a population of approximately 203,112 (1997). Naples is a city of approximately 21,332 (1997), and has been a Community Development Block Grant entitlement city since 1986. The City of Naples' entitlement status qualifies the City to receive automatic funding assistance annually from the U.S. Department of Housing and Urban Development (H.U.D.). The Housing Assistance Plan (H.A.P.) is a three (3) year plan beginning with fiscal year 1998-99 and ending on June 30, 2001. Estimated resources available for the countywide program is $1,240,387 FY 1998-99, with $135,698 allocated to the City of Naples and $1,104,689 for unincorporated Collier County. These figures are based on the December 1998 S.H.I.P. Program allocation report and are subject to additional funding by the State Legislature in the Spring of 1998. This Housing Assistance Plan sets forth the goals and strategies for increasing the supply of affordable housing throughout Collier County. This Plan meets the provisions of Chapter 67-37 of the Florida Administrative Code and Sections 420.9071 through 420.9079 Florida Statutes. The City of Naples and Collier County has entered into an Interlocal Agreement providing the County with the authority for the local administration of the S.H.I.P. program. Both communities view affordable housing as a community-wide problem with no jurisdictional boundaries. Housing assistance provided through this program benefits the entire community and not just the jurisdiction in which the housing activity occurs. PROPOSED USE OF S.H.I.P. 7UNDS Collier County, noted as one of the fastest growing communities in the United States, has a need for housing that is affordable for the lower income families in the area. This Local Housing Assistance Plan is designed to increase the availability of affordable housing by utilizing various strategies. The strategies available under this Plan provide assistance to very-low and Iow income families. All eligible families will be able to receive assistance by participating in the one of the strategies in Section III of this Housing Assistance Plan. PUBLIC INPUT The Collier County Housing and Urban Improvement Department (H.U.I.) prepared this Plan with input from the public and the Affordable Housing Commission. Public input was solicited at the January 12 and February 16, 1998 Affordable Housing Commission meetings regarding the S.H.I.P. Program. The meetings on the Housing ?si,~ta.nc~,~. Plan were advertised in the local newspaper of general circulation. ! SEP08 i998 1 ' 1 PLAN IMPLEMENTATION RESPONSIBILITIES The Collier County Housing and Urban Improvement Director and his designee will be responsible for the implementation of the strategies identified in this Housing Assistance Plan. When applicable, the H.U.I. Director will work with the various, local financial institutions in an effort to promulgate and implement the strategies which may require the applicant to secure a loan in order to qualify. Additionally, the H.U.I. Director will be soliciting other county departments, the City of Naples, local builders and contractors, and other housing entities for assistance in the implementation of the strategies. The total cost for coordination and administration of these strategies will be funded by the S.H.I.P. funds and will not exceed 10% of the total allocation. 2 S£P 0 8 i998 SECTION II LOCAL HOUSING PARTNERSHIPS SEP 0 8 1998 COLUER COUN;i'YHOUSlNG ASSISTANCE PLAN'':SECT1ON Il i,:,.~ ::':i: :~: i.::~Lb'~AL :HOU:'~iN~":PARTNERSHIpS'''' · . .'~:.': :;:i..:':: ': ¢" i' :'::'' :' ;' ' :' HOUSING PARTNERSHIP Collier County has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the S.H.I.P. program documents. Representatives of these groups are routinely invited to attend public meetings regarding the development of the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. A few of the existing groups who have been consulted are: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Collier County Banking Partnership. Salvation Army Transitional Living Center. Collier County Extension Service -- University of Florida. Affordable Housing Task Force. Habitat for Humanity. League of Women Voters. Alliance for the Mentally III. Collier United for Rights and Equality (CURE). Housing Committee - Chamber of Commerce/EDC Coalition. Family and Consumer Sciences Advisory Committee.. Community Housing Partnership of Collier County, Inc. Saint Matthew's House. Collier County Housing Authority. Collier County Housing Finance Authority. The primary group providing assistance with the development and implementation of the County's housing programs is the Affordable Housing Commission. The Commission is an advisory committee made up of citizens representing lending institutions, developers, community-based housing and service organizations, and providers of professional services relating to affordable housing. This group functions as the Local Housing Partnership for Collier County and the City of Naples. The Commission holds monthly meetings that are open to the public. Responsibilities of the Commission include monitoring the City and County's Growth Management Plans, identifying opportunities to network and brainstorm for ideas and solutions to the affordable housing situation. Both City and County staff participate in monthly meetings to provide technical assistance. Other non-profit organizations and individuals are invited to render their advice and suggestions. Recent highlights for the promulgation of housing services within the area include: · Collier County has recently provided a $60,000 deferred loan to the Community Housing Partnership of Collier County, Inc., for the rehabilitation of affordable housing units. . ~ · County and City staff are preparing a presentation on affordable housir~ Chamber of Commerce and Economic Development Council of Collier County¢ 3 I with the SEP 0 8 1998 · In fiscal year 1997, the Collier County Loan Consortium, Inc., in partnership with the Collier County Extension Service and County/City Government, approved 131 mortgage loans through the Home Loan Program valued at 9.89 million dollars. Allocations for fiscal year 1998 have increased to 11 million dollars. The Home Loan Program is designed to assist very-low, Iow and moderate income residents who are interested in purchasing a home in Collier County. Program benefits include: free home buyer education programs, no private mortgage insurance required, Iow market interest rates, fixed rate/fixed terms and just a 3% requirement for down payment. · The Collier County Extension Service, with support of Collier County government and the City of Naples, is interested in creating a newsletter to provide various information on housing issues, home repair ideas, financing, etc., to all S.H.I.P. legatees. The newsletter will be mailed quarterly to approximately 400 recipients. · Collier County is "leading the way" in seeking membership in the National Partners in Homeownership. National Partners in Homeownership is a public-private partnership formed in 1995 to increase homeownership opportunities in America. The partnership consists of over sixty five national organizations representing real estate professionals, lenders, home builders, non-profit housing providers and federal, state and local governments. 4 ,.f.,;' ; .' ...* SEP 0 8 1998 SECTION III HOUSING ANALYSIS SUMMARY SEP 0 8 1998 COLLIER CouNTy HOUS~N(3 ASSISTANCE PLAN: SECTION !11 J · "i'iiH~0UsING. ANALYSIS SUMMARY BACKGROUND The Housing Analysis Summary has been included in this Local Housing Assistance Plan to identify the current housing situation in Collier County. An analysis of the local housing conditions for very-low, Iow and moderate income households housing can assist us in the identification of future needs within the County. Affordability is defined as, "a unit with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of thirty percent (30%) of an amount which represents fifty percent (50%) for very-low income, sixty percent (60%) for Iow income or eighty percent (80%) for moderate income of the median adjusted gross annual income." Utilizing the 1990 Census Income Data, as well as the 1998 median income data for Collier County. we are able to identify that a four (4) person family earning < $27,050 would be considered very-low income. A four (4) person family earning < $43,300 would be considered Iow income. The 1990 Census also reported on the affordability of housing by identifying the total number of households living in non-affordable housing units. Of the households earning less than 80% of the median income for Collier County, 10,705 households, or approximately 17% of the total occupied units, were reported as living in non-affordable housing. The need for affordable housing was classified for all areas of the County: CENSUS DESIGNATED AREAS East Naples Golden Gate Immokalee Lely Marco Island Naples, City of Naples Manor Naples Park North Naples Palm River VERY-LOW~ LOW~ & MODERATE UNITS 1,089 1,231 1,161 291 598 1,249 299 728 1,178 213 RENTAL HOUSING There are 5,579 rental units within apartment complexes within the coastal urban area (see Table 1) and 1,192 rental units in the Immokalee area. These units were examined in ar, effort to determine their affordability for very-low, Iow and [f'no'~.~~,2'' income persons. The maximum rent limits allowable under the State ~part~ent Incentive Loan (S.A.I.L.)Program, the Low Income Housing Tax Credit (IJ..I.Hs'~FC~ 8 1998 Program and the Collier County Affordable Housing Density Bonus Ordinance were utilized, respectively, for this study. Of the 5,579 aforementioned apartments, 1,218 (21.8%) units are affordable for the very-low income households. At the Iow income level, there are 2,589 (46.4%) apartment units identified as affordable housing. The number of units available to the very-low and Iow income households has improved significantly since these figures were last reported in the previous Housing Assistance Plan. Of the 5,052 apartment units recognized in the previous Housing Assistance Plan, there were only 435 (8.6%) affordable units for very-low income households. At the Iow income level, there were only 1,562 (30.9%) apartment units identified as "affordable." The Depadment of Housing & Urban development is presently updating the apartment inventory of the urban area. Updated 1998 information will be available in the fall. An increase of 1,515 apartment units will be evinced in the update. The number of affordable units for very-low and Iow income households will also be shown in the fall of 1998. Figures will show an increase in the percentage of affordable units for both very-low income and Iow income. The median rent for rental units in Collier County in 1996 is $700 per month (see Table 2). The most common rental range was between $400 and $600 per month (39%), followed by $600 to $750 per month (25%). Tenure patterns in the County indicate that there are approximately 18,384 persons paying a monthly rent. On the other hand, there are 43,319 homeowners in the County (see Table 3). All units investigated meet the affordability criteria at 80% of income households. There are limited incentives available for moderate income households under the S.A.I.L., L.I.H.T.C. or Collier County Impact Fee Waiver or Deferral Ordinances. The 1990 Census provides us with an inventory of units and illustrates the occupancy status for those units. In Collier County, as much as 34.5% of the total units are vacant at one point in time during the year. Nearly 70% of those vacant units are reserved for seasonal residents. It is estimated that during peak season in the coastal urban areas, the seasonal population is approximately one-third greater than the permanent population. It is also estimated that the Immokalee Planning Community experiences an influx of approximately 12,000 people during the winter months which is an increase of nearly 90% of the permanent population. AREA POPULATION COASTAL URBAN 245,746 IMMOKALEE 33,899 HOUSING UNITS In the year 2000, it is estimated that Collier County will have 156,975 (see Table 4). Based on the 1990 Census and the high-range population ~rojec'fl~-)'; by the County, the number of housing units in the County was generated I:~ dividing ~ SEF' 0 8 1998 6 the high-range population projections by person, per total dwelling unit figures from the 1990 Census. In 1995, the median value of all single-family homes in Collier County was $136,483. The majority of those homes (30%) were valued at $200,000 and higher (see Table 5). Household sales information can be found in Table 9. SUBSTANDARD HOUSING An important component of the housing market in Collier County which affects the livability-status is the age of the structure. Repairs and rehabilitation costs rise as the age of the structure rises. 1989 to March 1990 7,255 ........................................................................................................................................ .................................................... 21,127 30,099 1960 to 1969 10,760 1950 to 1959 ~ 3,416 1940 to 1949 727 801 Prior to 1939 . ._, 1970 to 1979 EMPLOYMENT AND WAGES The employment base in Collier County has increased over the years coinciding with the population growth. The majority of the work force is employed in the retail trade and service industries (see Table 6). The Florida Department of Labor reports that in 1996, the total labor force in Collier County was estimated at 81,500. The service industry has an employment of 24,392 and the retail trade industry employs 18,807. In 1996, Collier County's unemployment rate is 6.0%. A steady decline in the unemployment rate since 1992, when 9.4% of the people were unemployed, has made the County a more attractive place in which to locate a family and/or a business. Income rates vary throughout the County (see Table 7). In 1996, the majority of households earned $50,000 or less. Twenty eight percent of the households earned $25,000 or less, while 36% earned between $25,000 and $50,000. SEP 0 8 1998 SECTION IV INCENTIVE STRATEGIES SEP 0 8 1998 III. IV. Ve VI. INCENTIVE PLAN RECOMMENDATION WORKSHEET Name of Local Entity: Collier County Incentive Under Consideration: ~1 The affordable housinq definition in the appolntinq resolution. Current Status: The local government currently does not have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: It is important to have a standard definition of what affordable housing is in order to develop programs that will target very low, low, and moderate income families. SHX~ funds in Collier County may be used to provide housing for very low and low income families. At least 30 percent of the units assisted with SHIP funds must be for very !ow income families and an additional 70 percent must be for ]o'x income families. Under the present definition, affordable housing is a unit with a monthly rent or month!~~ mortgace pa':'r, ent, ~nc]uding property taxes and insurance, not ir, e>:cesz cf ~C. ~.~r~ent of an amount %'hich represents 50 · percent (for vn~...~.. .lc,.,. in,rome), 80 percent (for low income) , cr 120 percent (for moderate income) of the median adjusted gross annual income for households in the count},. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive: Advantaqes: The Affordable Housing. provisions of the Impact Fee Ordinance defines affordability ih, an identical manner as the Housing element of the Comprehensive Plan, which is defined as housing where the occupant is paying no more than 30 percent of income for gross housing costs, including, for owner-occupied units, ~rincipal, interest, taxes and insurance, .~nd for renter-occupied units, rent plus utilities. The use of 30 percent to define affordable is especially useful in ~'aintai~ing consistency with the private lending industry'.. The t~pical underwriting limit used in the private sector for hous{ng costs is usually less than 30 percent of income. The implementation of Collier County's down payment, closing cost and impact fee waiver and deferral programs are greatly facilitated by this definition as the programs function as a public-private partnership. Disadvantaqes: Not Applicable. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: The definition allows participants in the program to retain a significant poruion of their income for otker expenses such as medical treatment, child care, food and transportation. Nec] i~ible Effects: None Kno;;n. ' S£P 0 8 1998 Housing Incentive Plan ~1 VII. VIII. IX. Housing Cost Reduction Recommendation: None. Anticipated Recommendation of Advisory Committee: effect. Recommended Schedule for Implementation: from Implementing this Definition already in Already in effect. Signed:_/~ ~ ~/f Chairperson, AdVisory committee SEP 0 8 1998 .... ~,~ ~'~'~ ~ECL)M/4ENDATIO~q WORKSHEET III · IV. VI. VII. Name of Local Entity: Collier County Incentive Under Consideration: ~2 The Expedited Processing of Permits for Affordable Housing Projects Current status: this incentive. The local government does have a program for' Explanation of Existing Regulations Regarding This Incentive: Collier County has adopted expedited processing procedures to speed the rezone and approval and permittinq.~of developments for affordable housing in Ordinance No. 89-39 adopted July 18, 1989. The affordable housing representatives of each departments involving regulations. committee has held discussions with of the County development services additional expedited processing Explanations of Advantages/Disadvantages of Changing or Adopting of This Incentive. Advantaces: Any reduction in time it takes to process a pe."nit for an affordable hca:sing project, whether it is for a single home or several hundred.~ units result in reduction in the selling price of the home. ',..'n~t]ng for permits, resubmitting rejected applications and ccor~]!nating with multiple regulatory agencies is time consuming. This translates ~nto dollars when considering that during this period the land payments and interest are accruing and personnel must be paid to process the permits. Each additional $1,000 in cost resulting from permitting delays will add $2,768 to the cost of the home over the lifetime- of the mortgage. (Thirty Years A.P.R. 8 1/2%) ' Disadvantages: If affordable housing projects are f~rther expedited in the permitting process, it is likely that non-affordable developments may take longer to process. Provide an Explanation to as to the Negligible Effect or Benefit to the Public Health, Safety or Welfare. Benefits: Any reduction in the cost of housing makes more housing available to more people, especially those with lower incomes. Housing Cost Reduction Anticipated From Implementing This Recommendation: $2,768 and up depending on how much additional time can be reduced from the permitting processing time. , 0 8 ;998 Housing Incentive Plan ~2 VIII. Recommendation of Advisory Committee: If applying for an affordable housing density bonus which do~ not involve a rezone, go directly to the Board of Coun Commissioners for review and approval without requiring public hearing by the Collier County Planning Commission. If rezone is required for affordable housing, set aside two slots at every planning commission meeting for affordable housing issues receiving priority treatment. Decrease the amount of processing fees for rezone applications. Also, decrease fees for site development plansc If rezoning PUD for affordable housing, amend section 2.2.20.2.4' of the Land Development Code regarding minimum area required; 10 acres - if affordable housing, no minimum area required. Decrease landscaping requirements and parking requirements for affordable hcusing projects. Minimize stipulations for approval regarding roadways, traffic lights and other developmental stipulations for affordable housing developments. Develop a model set of PUD plans that are sealed and approved to provide to interested developers of affordable housing developments. IX. Recommended Schedule for Implementat/on: Ongoing. Signed:_/~--~. .... ~ Chai'rp/rso~ 'Advisory Committee. 0 8 1998 INCENTIVE PLAN RECOMMENDATION WORKSHEET III · IV. VI. Name of Local Entity: Collier County Incentive Under Consideration: ~3 Mo~ificati°ns of Impact Fee Requirements Current Status: The local government does have a program for this incentive. Explanation of Existing Regulations Regarding This Incentive: Impact fees for affordable housing are waived or deferred under impact fee ordinances. All impact fees are-~aived.., for very low income first time home buyers, 50% are waived and 50% are deferred for low income first time home buyers, and moderate income first time home buyers can receive a 25% deferral of their impact fees. Impact fees for rental housing are deferred for either a six or fifteen year period with various deferral options depending on the percent of very low income and low income tenants. There are repayment requirements and deferrals must be repaid either in si>: or fifteen years depending on the options selected by the developer. Rental projects must be maintained as affordable housing for a minimum of fifteen years under these programs. Explanation of Advantages/Disadvantages of Changing or Adopting This Incentive. Advantaqes: Currently, impact fee~,for a single family dwelling unit are between $4,300 - $6,300 depending on where the unit is located within the county. Multi-family impact fees .are between 52,300 - $4,300 per unit depending on the the location of the unit within the County. These fees are a substantial proportion of the cost of affordable dwelling units, and any red~ction of these fees increases the economic feasibility of pro~i~ing affordable housing. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety or Welfare. Benefits: A reduction in impact fees will increase the availability of newly constructed housing for very low, low, and moderate income families. vii . Ne%l__ig.k~!e Effects: None Shown. Housing Cost Reduction Anticipated From Implementing This Recom~nendation: Up to $6,300 per unit is realized from infrastructure impact fee relief. Additional affordable housing could be built with. additional impact fee waivers and deferrals. Hodsing Incentive Plan viii. Recommendation of Advisory Committee: Collier County should increase the amount budgeted to reimburs, the impact fee funds for fifteen year deferrals for affordable housing projects. IX. Recommended Schedule for Implementation: Define funding source and budget funds for granting flfteen year impact fee deferrals for affordable housing for very ].ow and low income families, by December 1994. Signed: c~ i~p er~on-,- A~vi sony Committee , J 0 8 ;998 INCENTIVE PLAN RECOMMENDATION WORKS}{EET II. III · IV. Ve VII. Name of Local Entity: Collier County Incentive Under Consideration: ~4 The Allowance of Increased Density Levels. Current Status: The local government does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an affordable housing density program as a portion of the Land Development Code. Th~s program provides increased density for housing that is affordable to yery low, low and moderate inccme families. This program has been used for the development of both rental and ownership affordable housing with increased density levels. Explanations of Advantages/Disadvantages of Changing or Adopting This Incentive. AdvantaGes: The affordable housing density bonus program does not need to be amended. The incentives are very good and the procedures are not difficult to use. DisadvantaGes: ~:ct Applicaole. Provide and Explanation as to the Negligible Effect oz Benefit to the Public Health, Safety or Welfare/ Benefits: The affordable housing density program allows for additional units which increases the supply of safe, decent affordable housing for very low, low or moderate income ~amilies. Continued marketing of the program should make it more w.i'dely used in the future. ~ NegliGible Effects: ~one. Housing Cost Reduction Recommendation: Anticipated From Implementing This A value of approximately $4,000 - $8,000 per unit is saved as calculated by the cash contribution factor of the affordable housing density bonus program. .~ The market value of the affordable housing density bonus allows reduced rents cr reduced land costs fcr home ownership uniuE. VIII. Recommendation of Affordable Housing Committee: Continue to aggressively market the affordable density program. IX. Recommended Schedule for Implementation: Ongoing. Signed: /~ ~-~.~_~./~J~ Cha~r~e~son~-Advisory ~ommittee INCENTIVE PLAN RECOMJ4ENDATION WORKSHEET III. IV. .......... d~s .,~t have Curre,t St~tu~: .... local ~ .... ~:-- This In~entivc _~%~_-- ~ .... ~ .......... t~ Ch pt : " t b~ ~ -~ " services ' f ' d ~ -. -, ~ .... * ;-;ater Thc ~ii~^~ ~ ....... of~=~ ..... ~=:-~ for ...... f~i ................. ~ .... lopment to occur ~n any ...... ~ ......... i .... th'e ~ - .h .... e~ t~e~ f~: u=~=~wp, ..... ..... =. The u~i~-~~] .... ~ d~-:-~d ' .... i ff da ....... h gay ~'~ pr~" ~ ' Thc capa ...... ate util:r~cs. ~;~y ,'. :;' 0 8 1998 Ve ~v~+;~ ~-~ ......... ~ ' '~ f~t~,e bond ......... ~ .................. , oF to provide ............. ~ ~n"~ ,,,cc+~;.cn pa~'mcnt ~. a d' t f .............. , a ..... ~ = ..... :--= ~- pay cap~+-liza~icn~ ~ VI. VII. VIII. IX. Housing Cost n ...... ndat; Var discount a.mount. .1. hcus' g fo ~-~ ........... connccti ~ ~'~ -~ ~ b~ bond CO t Chairp/rson, Advisory Committee 0 8 ?998 III. IV. Ve VI. VII. ...... per se,~c . program None. ~ .... ~ .... ~* rights ....~'- separated property cwncrchip -~ ~ ~ parcel ~-~-~,,,~ ~ o f *~,,~ governmental ~"j~- ~ -~lCtlO~.' ' to ~O~C. "' :' ~3 8 ]998 times ~ ~cr ' it apprcvc~ on ~ ..... ~,,~ ........... ng prcpcrty. .............. = .-..~,.i .... ~"-'," ,',": ~ .... ~ .... ,-,,,- ght ....................... rl c, spcoif' ~ i} -~ ....... i~ ' equal to or 5~sfcrrcd to any a limit ^ +~^ ~D~ +^ ~+~;~ XI. Signed . '~'<~-.-~/.-~c/,~.,..,, Date: ChairDe~rson, Advisory Committee ,_. ,.. 0 8 1998 III · IV. VI. VII. Name of Local Entity: Collier County Incentive Under Consideration: setback recuirements. ~7 Reduction of parkinq and Current Status: The local government currently does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has reduced parking and setback affordable housing on an individual project basis. on low and Explanation of Advantages/Disadvantages of Changing or Adopting' this Incentive: Advantaces: Not all projects are reviewed as Planned Developments. It is recommended that the Land Development Code be amended to al!cw for administrative approval of parking and setback relief for all affordable housing projects. Disadvantaqes: There are some affordable housing projects that do not fit the mold of most developments - such as elderly housing. Projects for the elderly must either provide excessive amounts of parking or undergo a variance procedure Ehat may or may not allow a reduction. Building the parking or undergoing the variance procedure adds both time and money to the cost of t~ne project. These costs must be borne by the development which must then increase the cost of the units to the recipients. Provide an Explanation as to the Negligible Effect or B~n~it to Public Health, Safety, or Welfare. " .-' Benefits: The relief of parking and setback require~eDts can reduce costs of housing and therefore increase the number of available units and lower the final cost of the housing to the occupant. Neqliqible Effects: None Known. Housing Cost Reduction RecomJnendation: Anticipated From Implementing This This depends on the size of the project. 0 8 1998 VIII. Recommendation of Advisory Committee: After reviewing the handout regarding the reduction of parki~ and setbacks requirements and the Collier County Land Development~ Code, we submit the following recommendations: Allow for elimination of stripping of general parking areas over five spaces or skip spacing (one line for every two spaces). Increase compact car spaces from 25% to 35%. More and more people are driving smaller autos. The auto industry is gearing itself for additional compact~D~roduction. Parking should be reflective of this change. 3. Allow for "Multiple Parking Areas" or common lots. 4. Promote the shared parking concept where applicable. 5. ~aintain 1.5 parking spaces per unit for multi-family. o Allow secondary parking areas to be constructed of a limerock base and surfaced with mulch. This acts as a porous base that assists in drainage and is less costly/expensive to install and maintain. o o Allow administrative parking variances especially for Senio] Establishments. Promote the use of one way streets to reduce paving areas. 9. Reduce right of way widths. 10. Rear and side setbacks of the project should be r~uced in cases where the project abuts a similar project. ~ ~' 11. Encourage parallel parking in areas along roadways., . xI. Recommended Schedule for Implementation: Signed:/~/--~ ~~ Date: Chairper/on, Advis~)ry cOmmittee Name of Local Entity: Collier County Incentive Under Consideration: ~8 Allowance of Zero-Lot Line Configurations III. Current Status: this incentive. The local government does have a program for iv. Explanation of Existing Regulation Regarding This Incentive: Collier County Land Development Code provides for zero-lot line configurations. For projects that do not ~qualify, there is a variance procedure available. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive. Advantages: Zero lot line configurations are a creative way to increase the spatial advantages of property so as to allow for better Ch-site amenities as well as reduce development costs. Disadvantaqes: Care must be taken to avoid overcrowding of units of poorly planned site layouts. vi. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: Zero-lot line configurations can reduce costs of housing and therefore increase the number of the available units and lower the final cost of the housing to the occupant. vii. Negligible Effects: None known. Housing Cost Reduction Anticipated from Recommendation: Depends on size of project. Implementing .this viii. Recommendation of Advisory Committee. Amend the Zoning Ordinance to allow the administrative approval of zero-lot line configurations for affordable housin9 projects. IX. Recommended Schedule for Implementation: Consider amen.,!r, ents by December of 1994. ~hairpe~son, Advisory Committee ' ' 1998 Setbacks and ~:d .... '" Ra~: ~ -' .~,, of Straa III. IV. Va Expla-at~n,,.~. cf Advantag~-/Disadv~_nt=g~-"-__ ~_~ ~---;_.._..~...= .... -. Adopting '~:- l--^ntive ~n~ .... u~ requ; ....... t f~ hcusin9 prcjectc. VI. ~=,,=~ ~t~ ~- modification of street sa'~--'' a,,~ -"- +~ number of housing t~ ~ o~cupant .... ~,~ ~ Ef : mown VII. Mousing Gensi ffordab!c housing '^ Pla~ne~- ............... t ~ .... o ..... k and s{dcwa~- q IX. ~e ............. Cch ...... or Implcmontat~on: Chairpe)~son, Advisory Committee Date: ~ _ ~ ~ o=P 0 8 1998 III · IV. INCENTIVE PLRR RECOMMENDATION WORKSHEET Name of Local Entity: Collier County Incentive Under Consideration: fl0 The establishment of a process by which a local qovernment considers, before adopt~on~ policies, procedures, ordiDa~ces, requlations, or DlaD Drovisio~ that have a siqnificant impact on the cost 0f housing. current status: The local government currently does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an executive summary and fiscal impact. statement (ESFIS). The intent of the ESFIS is to provide more information for the board and affected citizens with regard to the purpose, need and costs of proposed resolutions and ordinances of a regulatory nature. Under the ESFIS, a consistent format is used that requires the first four sections of the ESFIS be completed and approved by the County Commission, prior to the staff drafting any new regulations relating to the Comprehensive Plan and Land Development Code. This pre-review process is aimed at correcting instances where staff %ses a great deal of resources in developing proposed regulations, when there is a lack of firm Board direction and consensus as to the need for the proposed regulation. The first four sections of the ESFIS that are required prior to the county directing staff to dr~t new regulations, does not include information that pertains to the fiscal impacts that the proposed regulations will have on the cost of housing. Fiscal Impact is dealt with in section 5 of the ESFIS. In the past this has resulted in much staff time needlessly expended on ;unpDpular proposed housing regulations. ~. ,. Explanation of Advantages/Disadvantages of Changing and Ad~pting this Incentive. , , Advantaqes: The current accomplish its objective. process established (ESFIS) should Disadvantage~ The primary fiscal objective of the ESFIS is to determine the fiscal impact on County resources. For the ESFIS to function under the integer of the SHIP program, those policies procedures, ordinances and regulations that have a significant impact on the cost of housing, need to be considered in the initial four sections of the ESFIS. 0 8 1998 Housing Incentive Program #10 VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, of Welfare. NoNe. VII. Housing Cost Reduction Recommendation: Varies reduced by this process. Anticipated from Implementing this depending on how regulations can be VIII. Recommendation of Advisory Committee: The current ESFIS should be amended as follows: 1. What new or changed conditions cre~a e implementing this regulation at this time? the need for. 2 o Does the proposed regulation duplicate, upon any existing local, regional, regulation? parallel or expand state or federal Does the pruposed regulation significantly affect the cost of housing. IX. 4. The Housinq and Urban Improvement Department will be responsible for receivinq, before adoption, policies, procedures, ordinances, regulations, or plan provisions to determine if there may be a significant ~mpact on ~he cos~ housinq and submit findinqs to the Board of Coun~ Commissioners· ~ Recommended Schedule for Implementation: Signed: --~C7~-~ Cha~r~ferson, Advisory Committee oo $,'.-.? 0 8 1998 III. IV. Ve VI. VII. ~ S VC housing "4!~-~~ ~ ~ao~If~-o ~*=~...~,.~..~.. ~,,~'~ ' prcf~-~ status *~ will aa~ ~-.,~-~* ~- economy ith ~,,~* 4 ~ ~nd ~ assist thc 1 ~D of ~ .... ~ ...... ........... ~: ~ a l~nd, bank -pr-~ r-t-~e ' -"- p }'ears Ce~ ~ ccnvcylng prepcrty action m~t be~"-~,,~=~. TaR d~--~ales are .... in ....... ~ .... ~ ............ ~I th take awo f:"- to give proces~ ~e--a~--E-xplanat~n as to ~^ ~^~"~"~^ ~fcct c-~ '"" 1 f-r c .,, ~ to the supp~by--~f housing availablc f~ very income fa~ilieo. .Neect-i~~- E f f - ~ ~ ~u~i~V cos t -Recom3nenc%a : -n R ......... nd~t~on ~f Ad.~sory Committee: o ,,~ ly ~1{ .... who will prod[ ~= ' ........ io~' ~- ~"~r~*~ _~ 0 8 1998 IX. Chairperson, Advisory Committee SEP 0 8 1998 SECTION V PROGRAM STRATEGIES & SUPPORT 1998 COL. LIER COUNTy HoUslNG'!:AS'~:iS~ANcE P:~N: SEcTIoN V '" ..... ' '1 STRATEGY I: IMPACT FEE RELIEF DESCRIPTION: Homeownership: Impact Fees imposed on new construction of single family units for very-low income first time home buyers* may be waived or deferred provided the applicant meets all the qualifications established in the Collier County Impact Fee Ordinances. The participant must occupy the home as his/her/their permanent place of residence. The maximum amount of S.H.I.P. dollars allotted per unit is $6,500. The assistance is in the form of both a waiver and/or a deferral. Impact fee relief is a zero interest, 15 year deferred payment loan. Recapture terms include a secured second mortgage to be paid full when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. The average amount of home ownership impact fee relief paid with S.H.I.P. dollars is estimated at $6,000 per unit. This strategy is an ongoing policy and is functioning as intended. * A first time home buyer is someone who hasn't owned a home as their principal place of residence in the past three years. 8 SEP 0 8 1998 STRATEGY I1: HOUSING REHABILITATION DESCRIPTION: Homeownership Repair: The Housing Rehabilitation Program is targeted for very-iow income homeowners throughout the County. The program encourages the use of volunteers and skilled labor to completed the needed repairs in order to help minimize costs. All identified repair work will include improvements needed to correct housing code violations and/or deferred maintenance. Funds for homeowners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment upon sale of the property, loss of homestead, refinancing or thirty years. The maximum amount of S.H.I.P. dollars loaned per unit will be $15,000. The average amount of homeowner rehabilitation paid with S.H.I.P. funds is estimated at $10,000 per residence. Rental Repair: Funds will be available to property owners to correct housing code violations, provide handicap modifications and rehabilitate property. Funds will be available in the form of amortized loans for up to twenty (20) years, with an annual interest rate of five percent (5%). Property owners will be required to provide two dollars ($2.00) of private funds for every one dollar ($1.00) of S.H.I.P. funds contributed. Other funding sources, such as Community Development Block Grants (C.D.B.G) may be sought to supplement this program. Landlords must rent their units to very-low and Iow income persons for a minimum of 15 years, or the duration of the loan, whichever is longer. Compliance will be monitored annually by the County. Renta! housing offered for safe prior to the end of this period or have remaining mortgages under the Program must be subject to a right of first refusal for purchase at the current market price to eligible non-profit organizations that would provide continued occupancy by eligible persons. The maximum amount of S.H.I.P. dollars provided per unit will be $15,000 for homeownership and $5,000 for rental properties. The average amount of rental rehabilitation paid with S.H.I.P. funds is estimated at $3,500. State mandated maximum price per unit: The avera.qe price per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 9 1998 STRATEGY IIh DOWN PAYMENT/CLOSING COST ASSISTANCE DESCRIPTION: Down payment/closing cost assistance will be available to very-low income first time home buyers in conjunction with rehabilitation or emergency repairs for any existing dwelling unit. Additionally, down payment/closing cost assistance will be available to very-low and Iow income homeowners participating in the Demolition or Land Acquisition/Transfer Programs. This is available for single family, villa, duplex and condominium units. A thirty-year deferred payment loan of $2,500, with zero perCent (0%) interest, will be provided to first-time home buyers for assistance with their down payment and/or closing costs. In addition, a deferred payment loan of $2,500 with zero percent (0%) interest can be provided for rehabilitation or emergency repairs for the qualifying unit. The combined deferred loans of $5,000 will be secured by a second mortgage to be paid in full to the Affordable Housing Trust Fund when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. All recipients must declare the dwelling unit as their principal place of residence. State mandated maximum price per unit: The averaqe price per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 10 · :., 0 8 1998 STRATEGY IV: LAND ACQUISITION/TRANSFER WITH NEW CONSTRUCTION DESCRIPTION: Collier County has recently initiated a land acquisition/transfer program. The initial focus of the program is the acquisition of vacant land which can be developed for affordable home ownership opportunities. Some of the acquired properties will be obtained by the County through delinquent property taxes. The funds will be applied to the cost of clearing title and/or purchasing properly and increasing the scope of the program. Acquired lots will be made available for purchase by very-low income families and non-profit organizations. Those very-low income families who qualify for the program will be permitted to take advantage of either the Impact Fee Relief or Down payment Assistance opportunities. Commencement of construction for owner, occupied dwellings will be required within twelve (12) months of closing on any acquired parcel or within twenty-four (24) months from the end of the applicable state fiscal year, whichever is first. The maximum amount of S.H.I.P. dollars provided per property shall be $5,000 grant. No provisions are required for the recapture of the furids. State Mandated maximum price per unit: The average price per assisted unit: $106,365 $65,000 11 S E P 0 8 799<:1 · ,,,t ~1'~/'~1 I~.'~,~ I V, DEMOLITION WITH NEW CONSTRUCTION DESCRIPTION: Collier County, through the Housing Assistance Plan, has initiated a demolition program in conjunction with new construction. A thirty year deferred payment loan of $5,000 with zero percent (0%) interest is provided to very-low and Iow income homeowners of substandard single family dwellings found not to be possible or cost effective for rehabilitation. The deferred loan will be secured by a second mortgage to be paid in full when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. The loan will be applied to the costs of demolition. The County is presently exploring the possibilities of donating selected substandard mobile homes to local scrap metal or recycling establishments in an effort to reduce the costs of demolition. In addition, participants qualifying for this program will be allowed to take advantage of either the Down payment Assistance or Impact Fee Relief opportunities. As a result, the participant may have an increased chance in securing a loan for new construction. State Mandated maximum price per unit: $106,365 The average price per assisted unit: $65,000 12 1998 DESCRIPTION: SPECIAL NEEDS HOUSING Down payment assistance will be awarded to not-for-profit organizations serving special needs clients for the purchase of homes and/or apartments. The not-for-profit organizations will be selected on a first come-first serve basis. The assistance will be in the form of an interest free deferred loan. The non-profit organization must rent the units and/or make them available to very-low income and special needs residents for a minimum of fifteen (15) years. Compliance will be monitored annually by the County. Rental housing offered for sale prior to the end of this period or have remaining mortgages under the Program must be subject to a right of first refusal for purchase at the current market price to eligible non-profit organizations that would provide continued occupancy by eligible persons. All strategies of the Housing Assistance Plan are available to those persons with special needs. For example, special needs individuals may participate in the Rehabilitation and Emergency Home Repair programs in an effort to make housing modifications such as handicap ramps, grab bars, guard rails or other necessary additions and/or repairs. IndMduals are accepted on a first come-first serve basis. The maximum amount of S.H.I.P. dollars provided per unit will be $3,000. 13 SE2 0 8 1998 EMERGENCY HOME REPAIR DESCRIPTION: Collier County will initiate a program geared toward emergency home repair. The Emergency Home Repair Program targets very-low and Iow income home owners who will be accepted on a first come-first serve basis. Priorities will be given to elderly and handicapped home owners whose homes need repairs to correct life threatening, health and/or safety defects and energy efficiency. Corrections will also be made in order to alleviate exposure to natural environmental elements. Funds for home owners will be available in the form of a thirty year deferred payment loan at zero percent (0%) interest. Recapture terms include a secured second mortgage to be paid in full upon the sale of the property, or a loss of homestead occurs, or refinancing occurs. The maximum amount of S.H.I.P. funds to be loaned per unit will be $5,000. Funds shall be utilized to pay the cost of actual emergency repairs and other associated expenses necessary to assuage the urgent housing repair needs. State Mandated maximum price per existin,cI unit: $118,264 The averaqe price per assisted unit: $65,000 14 1998 SECTION VI OTHER i$EP081998 PLAN AFFORDABILITY All strategies relating to home ownership will comply with the income limits adjusted for family-size, established by the Florida Housing Finance Corporation. The monthly mortgage payments, including allowance for taxes and insurance, meet the affordability criteria (housing costs should be approximately thirty percent (30%) of the households gross monthly income). The rental units receiving assistance under this Plan will comply with the rental rates of units adjusted to bedroom size, established by the Florida Housing Finance Corporation. NON-DISCRIMINATION Discrimination is strictly forbidden on the basis of race, religion, creed, color, age, sex, familial status, marital status, handicap or national origin in the use of S.H.I.P. dollars. PLAN ADVERTISEMENT AND OUTREACH The Department of Housing and Urban Improvement will advertise the availability of the Housing Assistance Program at least thirty (30) days prior to the beginning of the application period. The Department will publicize the S.H.I.P. Program via newspapers, public service announcements, lenders, realtors and various neighborhood organizations. SUPPORT SERVICES The County and the City provide information to all participants of the Local Housing Assistance Programs regarding other existing community services that may be able to provide additional assistance. These supportive services can include home owner maintenance, money management services, transportation assistance, etc. Job training opportunities are also available through the Collier County Cooperative Extension Service. Some of the support services available to S.H.I.P. recipients in Collier County include: 2. 3. 4. 5. Job Training Partnership ActJVVorkforce Council of Southwest Florida Meals on Wheels Help on Wheels Good Wheels The Collier County Division of Social Services 15 7. 8. 9. 10. 11. 12. 13. 14. Better Living for Seniors The Collier County Council on Aging Tri-County Nutritional Program Tri-County Senior Services (Our Place Senior Center) Senior Friendship Center-Health Services Senior Community Service Employment Program Consumer Credit Counseling Service Paint Your Head Out Naples Collier County Extension Service AFFORDABILITY Housing that is affordable is defined as monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in subsection (19), subsection (20) or subsection (28). However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark [s. 420.9071 (2) Flonda Statutes]. ADMINISTRATIVE EXPENSES The administrative responsibilities for the S.H.I.P. Program are to be completed by the Collier County Department of Housing and Urban Improvement. Ten percent (10%) of the total S.H.I.P. funds that will be used for the administration of the program. The resolution stating the percentage adjustment is attached to this Plan. The funds wili be used for employee salaries, office expenses and any other expenses required to facilitate the implementation the strategies indicated within this Plan. In addition, some of the funds will be used to produce a questionnaire-type survey that will be targeted at the local builders and developers in an effort to provide the citizens of the county with a list of single-family units priced between the $50,000 to $80,000 range. The information collected from this survey will be included in a brochure and made available to potential very-low and Iow income first time home buyers and any other interested parties. .. 16 1998 SECTION VII ADMINISTRATION S~? 0 8 1998 COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION Vii ADMINISTRATION ADMINISTRATIVE COST BREAKDOWN Figures are listed as percentages AC TIVITY 1998/1999 199912000 2000/2001 1. Staff Salaries 54 54 54 2. Other Staff' 16 16 16 3. Office Supplies 17 17 17 & Equipment 4. Advertising & 8 8 8 Copying 5. Miscellaneous2 5 5 5 TOTAL 100% 100% 100% Other staff includes Social Security, regular retirement, health & life insurance, etc. Miscellaneous may include encumbrances for studies, surveys, travel, etc. 17 0 8 998 SECTION VIII TABLES SE? 0 8 1998 o o o o o ~ ~. 0 o o ~ o m ~ SE-~ 0 rn 0 m m 1998 t,j'l (.~ (..~ .,~ I~ .,ih,. C) ~ Cy~ t,J'l0 C~t~0 ..~ (.00J(..n bo "~..I0-'' t.~ C)') t- t.,.O 0 ~ I',O 0 0 ..~. 0 0 CO O OJ 0') ~_.~ 0 ~ G PO0 0 o~ ~O 0 G .... 0 (-3 0 .~ ~ 0 ITl o ,~ o o ~g~, o ~ o o - - ~ - 0 o ::r.o .~' ° ~" ~ ~ ~ m SEP 0 8 ~98 0 -. o~ o o o o ~- ~0 ~ ~ ~ SEP 0 8 1998 0 ~ 0 0 ~ 0 0 ~ 0 ~ 0 0 0 ~0 0 ~ ~ 0 ~ 0 0 0 0 ~ SEP 0 ~ 1998 Z -~ ITl SEP 0 8 1998 0 'ID 0 o o o o Units o o o o o o o -.-I rn Z C: SEP 0 8 1,998 TABLE 4 HOUSING UNIT PROJECTIONS AREA I 1995 I 2000 I 2005 I 20'10 Unincorporated Total 104,325 139,889 179,910 224,515 City of Naples i 16,124 16,874 17,624 18~374 Everglades City t 206 212 217 223 I County Total . 120,655 156,975 197,751 243,112 Source: Co&er County Plant, lng Department. SEP 0 8 1998 c) °~ o 0 o 1998 Retail Trade Wholesale Trade Agriculture Service Industry Construction Govemment Manufacturing Financial Services rll ,,REP 0 8 19! SEP 0 8 1998 SECTION IX TIMELINE '--"5'.--~ SEP 0 8 1998 .._..~=_.. P0813 PO8 1998 SECTION X HOUSING DELIVERY GOALS SEP 0 ~ ,e~ l,,~ ' I SECTION XI CERTIFICATION SEP 0 8 1998 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Gove,xuuent: COLLIER County/City (1) The local government will advertise the availability of SHIP .funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or origin. nation'. (3) A process for selec:ion of recipients for funds has been developed. (4) The eti=ible munici=aliiv or count>' has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local govenu'nent (or interlocal entity) ,,','ill be unable to comply with the provisions the plan. (7) The Loca! Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months followin,z the end of the State fiscal xear in which they are received. (8) The plan conforms ;o the Local Governm,:nl Comprehensive Plan. or that an amendment to the Local Government Comprr:h~nsive Plan will be ini~imed at the next available opportunity to insure conformance with tiae Local Housing Assistance Pl.:re. (9) A.,,aendmer. ts to the approved Local Housing Assistance Plan shall be provided to the Corporatic with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys ~enerated from act~x'ities such as interes~ earned on loans. Amounts on depo.s~: ~:: the local housing ass~stanc~ ~rust fund shall be invested as per'mined by (12t The local housing assistance trust fund shall be separately stated as a special r~venue fund in the local governments aud'ned financial statements, copies of the audits will be forwarded to the Corporation as soon as available. (13) An interlocal entiLx' shall have its local housing assistance trust fund separat state fiscal >'ear. and the audit fom'arded to the Corporation as soon as possible. :ly audited for each SEP 0 8 1,998 <~5) {16') (17) SHIP funds will not bc pledged for debt scrMce on bonds or as rent subsidie:~. Developers receiving assistance from both SHIP and thc Low Income Housing Tax Credit (LIH¥C) Program shall comply with the income, affordabili~y and other LIHTC requirements. Similarly, any units receiving ~.ssistance from other federal programs shall comply with all Federal and SHIP program requirements. Lozns shall be provided for per~ods not exceeding 30 years, except for deferred payment loans loans that extend beyond 30 vc~rs which continue to service eligible persons. Rcn~at Units constructed o~ rchabllila~ed with SHIP funds shall be monitored at least annually 15 >'ears for compliance x,, l~i~ ~en:mt income requirements and affordability requirements. \\'ilncSS .-~ OR &ted Barbara B. Berry, Chairperson Type Name and Title Date (S.~3:r.t z~ t.o Chair~:aa $ S ic_nd'[';i;~ SEP 0 8 1998 SECTION XII INTERLOCAL AGREEMENT SEP 0 $1~96 INTERLOCAL AGREEMENT % THIS INTERLOCAL AGREEPiENT made and entered into this day of April, 1998 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City cf Naples, a municipal corporation created and existing under :h.. '.~'...'s of the S'a:e .if Florida, act.~nc ky and through its City Cc'.::',c'.l (the "Cit):" ' WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP"), authorizes moneys :n the Local Government Housing Trust Fund (the "Fund") to be .'.i~st r'~ut~d to apF. r~:','~d cogent, res and 6]:~;~h]e municipalities w~th:n th6- County pursuan~ %c an in[er!cca~ agreer,~ent; arid WHEREAS, Collier Coun!'y is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined that SHIP lu~(t~ can be more effect.~ve].y and efficiently utilized a~d managed when the County and the City work cooperatively to address the com~.~unity's affordable housing needs. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual SEP 0 8 1998 covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the moneys in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 10.94% County 89.06% For Fiscal Year, 98-99 the State allocated 10.94% of the SHIP funds to the City and 89.06% to the County. Therefore, no less than 10.94% of the total allocation will be earmarked for the City of Naples in any given year. These percentages are based upon the January 1998 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this !nterlocal Agreement, the term of this Agreement shall run concurrent with the distribution of moneys in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this ~ day of April, 1998 shall expire on the 30th day of June, 2001, unless at such time the City and County mutually agree to exte~ this Agreement or 2 SEP 0 8 19 8 terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the moneys in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated Intent and their authority to execute this Interlocal Agreement. 4. The moneys distributed will be deposited in the below listed Depository Account or Accounts: Naticns Bank Acct~ 0000005193 Separate line iter. s will be maintained for the County's SHIP e!locations and th~. City's SHiP a!lccat~ons, The Corporation will be nctifled c,f any change. The [~arties agree to hav~ such Account and Accounts audited annually as required by statute and Corporation Rule. If one account is maintained for the parties hereto they agree to pay their pro-rata share of the cost of an audit based on the same percentage as the SHIP program a!lcc~on distribution sched~]le. 5. Provided this Interlocal Agreement remains effective be%ween the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 6. The parties to this Agreement understand that the ~' ng af~ rdable st,~t~,'e requirea an :nqentive plan fo~ p~.,~d] '~",~'s::~o as,-J the. .~q: .... '~ ,.', cocpe~a~,- 1~% e:.sz: :r:,.} that the requirements and :{p:r~t o£ the sta~,ate are 5at~sfLed. 7. The parties to this agreement recognize the contributions of the joint City/County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory Committee in accordance with the SHIP requirements in 420.9072 (2) (b) 4. and 420.9076 (2), Florida Statutes and County Ordinance No. 93-19, as amended. The County's Housing and Urban Improvement office will be responsible for the overall a~ministration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075(6)and County Resolution 98- //~ The County will establish, administer and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County which are the parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal :ear, the SEP 0 8 1998 noticing party shall cease to be a party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the ~unds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statutes. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 11. Attached to this Interlocal Agreement are copies of the SHIP enablinc legislation and the rules promulgated to implement same. Both parties acknowledge that the Statute and rules are ncorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93-19, as amended which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. 5 _ I ' SEP 0 8 1998 IN WITNESS THEREOF, the parties hereto have caused this · Agreement to be executed by their duly authorized officials. ' ,~.'. .. .... - ~- . ; ! . .: · ATTEST:'~'T-~:'. , · · - · % · ...;. ..... · ... - . : '.'~>~x'~. -" ..... ~..'.~- . . · .,.~ - . - ~_','. ......... , .~.: . APPROVED AS TO FORM AND LEGAL SUFFICIENCY: hSSSST~NT COUNTY ~TTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: B~~ BERRY ,%~CHAI~4AN'~-~ D~TED: ¢/~F~ff CITY OF NAPLES, a municipal corporation ATTEST: TARA A. ~NORM/~N; 'tl]J~ CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: KENNETH B. CUYLE~ITY ATTORNEY BILL BARNETT, County of COLLIER '" "<~:~' '~i: ,~, ';~/",', ':'~ '-i~ .... -- :~..~- .' ::~ ~,;. :~,--z,.."~ ~".' ,""rrect copy or a docum~t: n "'~ ~ ~ 6 SEP 0 8 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan Program Information Sheet Program LOCAL GOVEP~NMENT: CttI'EF ELECTED OFFICIAL: ADDR.ESS: 3301 }>/ease complete the following i¢formation: Collier County Barbara B. Berry, Chairperson Tamiami Trail East Naples, Florida 34112 TELEPHONE:(941 ) CONTACT PERSON: ADDRESS' 774-8097 FAX:Q41 ) 774-3602 Greg Miha]ic~ Director~ Housin8 & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 OTELEPlqONE:(941) 403-2}~0 FAX:(941) 403-2331 ENTERLOCAL AGREEMENT: City of Naples YES,.~O (If yes, list other participants in thc intcrlocal agreement) (The following i,~o,"mation taus! be fi,,'nished to the/~gency before anyfi,nds can be disbursedJ LOCAL Gox, rER~,NMENT EMPLOYER FEDERAL ID NUMBER: 59-6000558 MJkI]L DISBURSEMENT TO: Collier County Finance Department - Court Plaza 3 ADDR.ESS: 2671 .,tirport Road South Naples, Florlda 34112 Attention: Kelly Jones SEP 0 c EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF WATERWAYS OF NAPLES UNIT FOUR AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Waterways of Naples Unit Four. CONSIDERATIONS: The Board of County Commissioners on June 28, 1998 approved the final plat of Waterways of Naples Unit Four with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $530,091.25, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $271,314.95. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize rew~nues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $7013.21 Fees are based on a construction estimate of $530,091.25 and were paid in June, 1998 and are reflected in the Executive Summary of June 28, 1998. SEP 0 8 1998 .... Pg. /' Executive Summary Waterways of Naples Unit Four Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Waterways of Naples Unit Four", with the following stipulations: 1) Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Waterways of Naples Unit Four". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houidsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thoma§ ~. Kuck, P.E. Engineering Review Manager Date Robe~ Mulhere, AICP Planning./~vices Department Director Vincent A. ~autero, AICP, Adm±nistrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date SEP 0 8 1998 CONSTRUCTION, MAINTENANCE AND ESCROW AG~ FOR SUBDMSION I~PROVEMENT$ THIS CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS AGREEMENT entered into this day of , 19 by ~4Xrr-t-v,,4-1,~ .~c,,on. ~O,:';'.~w., description of entity (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter "The Board") and '~N,a-~ ,'%~'t~.,~-'. F-,;.,~,. ~- ~.,'..,e..', (hereinafter "Lender"). A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Waterways of Naples, Unit Four. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by ~:,'Tt..e."t,. {~r:,.,,e~C'a..,,,.M I,oC a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Reqfired Improvements" are limited to those described in the Estimate. C. Section 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated , i. ' ','~";: (the "Construction Loan") to fund the cost of the Required Improvements. E. De?loper. and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this {~ement is $..L'7 ~, '., ~ ~. "1~ and this amount represents 110% of the Developer's engineer's estimate of the construction costs e Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to Specifications that have been approved by the Development Services Director within '2.4 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $7.."/I "L&':Bfrom the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $~'71 ,'~4 .'~ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall~not constitute a draw against the Construction Loan fund. but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan. shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work e.,osu less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the lelease of any remainder of escrowed funds except to the extent of $ 2."/ 1'5[ .c30 , which shall remain in escrow ~ a Developer guaranty of maintenance of the Required Improvements for a minimuth period of one (1) year pursuit to Paragraph 10 of the Agreement. However, In the event that Developer shall fail to comply with* the requirements of this Agreement, then the Lender agrees to pay rs e County immediately upon demand the balance of the funds held in escrow by the Lender, aa of the date of the demand, 5ded that upon payment of such balance to the County, the County will have executed and delivered to the ~ uch funds a statement to be signed by the Development Services Director to the effect that: "" .... Page I of 3 i SEt, 0 8 1998 (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement: (b) the County, or its authorized agent, will complete the work called for under the term.s of the above mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) the escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out .nd execute the above-mentioned development work; and, (d) the County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County, 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision regulations, 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision, provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found t~ be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall unless or until the board accepts maintenance responsibility for and by the County. 1 I. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. Page 2 of 3 1998 IN WITNESS WHEREOF, the Board. the Developer and the Lender have cau.~'d thi~ Agr~mnem to be executed by their representative this day ot ,19 WATERWAYS JOINT VENTURE, A Florida General partnership By: WATERWAYS OF NAPLES LIMITED, As general partner By: WATERWAYS DEVELOPMENT INC., ASBy:general partn,/~/~_.~ ' Richard Davenpo/rt, P'~'sident Witne~. t9 First Union National Ban& of Florida: ibrlntNm~: 'r?J ': : <" "'"' .Z /;,: A~EST: DWIGHT E. BROCK, CLERK Deputy Clerk FIRST UNION NATIONAL BANK OF FLORIDA Printed Name: Title: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Barbara B. Berry Page 3 of 3 ' SEP 081998 ENGINEER'S PRELIMINARY ESTIMATE OF PROBABLE COSTS PROJECT*. WATERWAYS OF NAPLES. UNfT 4 DATE: 07~ ITEM I DESCRIPTION ON-SITE PAVING QTY. UNIT COST PRICE ~4' ASPHALT (l~t LIFT) ~/4° ASPI%ALT (2nd LIFT) ~ BASE I~ ST~LEED $UBG~E a,~ 8Y $1,~ $12.1~,70 V~LEY G~ER 4,1~ INLET TOPS 8 24' STOP B~ BLUE RP~ STOP SIGNS 2 STREET SIGNS 2 ~ $1~,~ ~.~ SURLY 1 LS S11,~.~ $11,~.~ TESTING FIlL G~E LOTS 1 LS $11,~ TOTAL PAWNG $118,21695 DRAJNAGE 15'RC P. 131 LF $1600 $2,0~ 00 18' R C P 639 LF $1900 $12,141.00 THROAT INLET HEADWALL {18') 4 EA $I.100.00 $4,400.00 TOTAL DRAINAGE S25,437.00 WATER 8' DR18WATER MAJN 1.~ LF $9.50 $18,933.50 FIRE HYDRANTS 3 EA $1,60000 $4,~00.00 CONNECT TO EXISTING 2 EA $1,000.00 S2,000.C0 SINGLE WATER SERVICES 2 EA $2:25.00 $450 00 DOUBLE WATER SERVICES 24 EA $315.00 $7,560,00 3' PVC CONDUITS 440 LF $4.00 $1,7~0.00 TOTAL WATER S35.503 50 SEWER 8" OR35 SEWER MAIN (0-~) 8' DR35 SEWER MAIN (6-8') SAN. MANHOLE (0~) SAN. MA~NHOLE (6.-8') SINGLE SEWER SERVICE DOUBLE SEWER SERVICE T.V. SEWER M,NN CONNECT TO EX_ STUB ~65 LF $12. CO $10,38000 975 LF $14,50 $14,137.50 3 EA $1,05000 $3,150.00 4 EA $1,200.00 $4,800.00 5 EA S375.00 $1,875.00 22 EA $42500 $9.350.00 '1 LS $~.800.00 $$.80000 2 EA $1,000.00 $2,000.00 TOTAL SEVVE R $47,492,50 V LIGHTING 1 LS $10,00000 $10.0~0.00 W LANDSCAPING 1 L$ S10,00000 S10.000.00 TOTAL SUBDMSION IMPROVEMENTS TOTAL SUBDIVISION BOND (110%) $271,314.9~..~~ SEP 0 8 1998 , '~,;. AG EN DA ~RAN SI~ITT .AJ.. S LIP · Date Subndtted: --. · .: Requested Agenda Date: I o' 1~- ~ "] [] (6) Clerk C] (8B) Public Wor~ ~ (SE) Co~M~ ' ~ 04) BCC Co~tions ' ~-i) Approval of Minutes , ; J [] (5) Proclamations [-! (7) Public Petitions . J [] (SA) Community Dev. & Env. Svcs. 'q (BO) Public Services ' J [] (SD) Support Services · [2] (9) · Atto~ey . · J [] (10) BCC ' _~(12) PublkHearin~s' ': J [~ (ISA) SZApublicHcarin~, ..... ,., [] (lB) Communications-;; .... ~:."-. J X (16) ' CortsentA~da .' '- ".' ....... . ..... . ...... . . .. . . . . ,..-. -.:~, ..,, . ~:~.-;=.~.,,.~,~.. UNIT TWO ...... ..' ."~is~-~f'D6cuments Attached: '.: ' , '. . ' · - -: 1.' ExeCutive Summary (required) 2. Location M~p' "":: 3. Construction & Maintenanc~ Alrecm~t '-.' 4. · ....... ~' " " . . ·... .... ',.'?.:- _ EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT TWO" OBJECTIVE: To approve the final plat of "Waterways of Naples Unit Two", a subdivision of lands located .in Section 14, Township 48 South, Range 27 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Waterways of Naples Unit Two". These documents are in compliance with .the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct uhe improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Waterways of Naples Unit Two" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. ~ISCAL IMPACT: The fiscal impact to the County is none. The project cost is $281,518.90 to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving & Grading - $75,412.00 - $206,106.90 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generate~ by this project: Total: $5,665.30 Fees are based on a construction estimate of $281,518.90 and were paid in June, 1997. ~ SEP 0 8 Executive Summary Waterways of N~ples Unit Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$ 653.24 b) ¢) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 377.06 Drainage (.50% const, est.) Paving, Grading (.425% const, est.)- $ 875.96 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1,131.18 Drainage, Paving & Grading (1.275% const, est- $2,627.86 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: o That the Board of County Commissioners approve the final plat of "Waterways of Naples Unit Two" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. SEP 0 8 1998 ! Executive Summary Waterways of Naples Unit Two Page 3 PP, EPARED BY: John R. Houldswofth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Donald W. Arnold Planning Services Director Date Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH:ew Date , SEP 081998 : ,< L SITE LOC'ATION OIL WELL ROAD _ IHHOKALEE ROAD -..-..' RANDALL BOULEVARD . .:'S. .:~ RIDGE _<j GOLDEN GATE BOULEVARD --: =--' ..... ROAD ~i ..... --- · ..._..-~,,,-.-- GOLDEN 51 ,~o -" '.' 'T GATE ~1 SEP 98 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREENfENT FOR SUBDI\qSION IMPROVEME,WI'S PRIOR TO RECORDh'qG OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEM'ENT FOR SUBDI~,qSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this day of 19~ between Wate~'ays Joint Venture hereinafter referred to as "Developer," md the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: L Developer has, simultaneously with the delivery ofthis Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Waterways of Naples, Unit 2. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, hq consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenant and agree as follows: Developer will cause to be consu'ucted: Water, Sewer, Roads, Drainage, and Lighting within 10 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith a~ees to construct said improvements prior to ~'ecording said subdivision plat and the Board of Coun%' Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the Developer shall tender its subdivision performance securiQ' in the amount of $29,353.89 which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development sen'ices Dh'ector, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant prelim~ary approval of said plat. The required improvement shall not be considered complete until a statement of substantial completion be Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier Count)., Land Development Code. The Development Sev,'ices Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Disector's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary, approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Develepment Services Director to inspect the required improvements. The Development Services Director or his designee shall respect the improvements and, if found to be still in compliance with the Collier Copr~y~. Development code as reflected by final approval by the Board, the board shall release thI ten ',; SEP 0 1998 . percent subdivision performance secufiD'. The Developer's respo~ility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the Coun .t7. '7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactots, completion, repair and maintenance of the requited improvements. The Board shall have the fight to comtruct and maintain, or catue acceptance ofbi~, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited lo, engineering, legal and contingent costs, together with any damages, either ditec! or consequential, which the board may sustain on account of the failure of the Developer to fulfill all orthe provisions of this Agreement. 8. All of the terms, covenants and conditiom herein contained are and shall be binding upon the Developer ar:d the re£pect'ive successors and ~signs of the Developer. IN \VlTNESS WHEKEOF, the Board at~//t~;Developer have causejt thi~gr~cement to be e.~ecuted by their duly authorized representatives this day of Waterways Joint Venture By: Waterways of Naples, Ltd., as General Partner By: Waterways Development, In~s Gen. Parmer R. A. Davenp~, l¥~ident ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM3,1ISSIONERS OF COLLIER COUNTY, FLORIDA By: Tim Hancock, Chairman Approved as to form a legal sufficiency: ,,~,, Da~.:i~ C. Weigel Count' Attorney (Ord. No. 9,.-/.~, &2; Ord. No. 94-58, &3, 10-21-94; Ord. No. 96-21, &3) SEP 0 8 1998 AFFIDAVIT STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) BEFOKE ME, the undersigned authority, personally appeared Edward H. Gilbert (the "Affiant"), who, upon being duly sworn, deposes and says as follows: 1. Affiant is an attorney, dul}' licensed to practice law in the State of Florida. 2. Affiant has reviewed certain constituent documents of Waterways Joint Venture, a Florida pannership C\\'aterways"), Waterways of Naples, Ltd., a Florida limited partnership ("Naples"), Waterways Development, Inc., a Florida corporation ("Development"), and Tribris, Inc., a Florida corporation ("Tribris"): certificates of public officials; and certificates and oral and written statements of Watcv, vays, Naples, Development and Tribris. Based upon such review, Affiant is of the opinion that: (a) (b) (c) (d) (e) FURTHER AFFIANT SAYETH NAUGHT. Water,rays is a general partnership organized under the laws of the State of Florida; The only partners of Waterways are TriBris and Naples. The general partner of Naples is Development. Richard Davenport is President of Development is an authorized signatory for Water~vays. Robert ,Miller is President of TfiBris and is an authorized signatoD' for Waterv. ays. Edward H. Gilbert The foregoing instrument x~as acknox~ledged before me this 10th da.', of September. 1997. b.'. Edxsarcl H Gilbem who (did) (did not) take an oath. Persona!l~ knox~ n, Produced ID commission expires: 3~ 'J V.,.~'/(,.. NOTARY PUBLIC. State of Florida SEP 0 8 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF WATERWAYS OF NAPLES UNIT THREE AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Waterways of Naples Unit Three. CONSIDERATIONS~ The Board of County Commissioners on July 28, 1998 approved the final plat of Waterways of Naples Unit Three with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $339,410.00, to be borne by the developer. The The security amount, which execceds to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $624,323.30. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3220.16 Fees are based on a construction estimate of $339,410.00 and were paid in June, 1998 and are reflected in the Executive Summary of June 28, 1998. SEP 0 8 1998 I,g. _, / . Executive Summary Waterways of Naples Unit Three Page 2 GROWTH MANAGEMENT II~PACT: None RECOM/4ENDATION: That the Board of County Commissioners approve the final plat of "Waterways of Naples Unit Three", with the following stipulations: 1) Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Waterways of Naples Unit Three". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R." Houfd'sw~rth, Senior Engineer Engineering Review Date REVIEWED BY: Tho~astz~.. Kuck, P.E. Engineering Review Manager hob~ Mulhere, AICP Planning' Services Department. Director Vindeht A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date · ":=' ' '" ' ' "'"' ":~~/:'1' -~. :.~ ~-~ '...~. ...~< '.~;~i~ T SCALE SITE L~ ' LOCATION I MMOKALEE ROAD I _~ OIL WELL ROAD RANDALL BOULEVARD .:~.:.- ~~ PINE RIDGE ROAD ~ GOLDEN · .. ~ ..... GATE ~~ CITY GOLDEN GATE BOULEVARD ALL I gATOR'"ALLEY SEP 0 8 1! CONSTRUCTION, MAINTENANCE AND ESCROW AGI~£!~4ENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS AGREEMENT entered into this __ day of , 19 by ~/cFO~o:.~-~ ,,~t '~'1' ~O~,-x-'.4., description of entity (here/halter 'Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter 'The Board") and (-.*,,,-,, ~;-~.-.; -'~ ~:'.%.~,- ,'- IC,.,:.,~O~, (hereinafter "Lender"). A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Waterways of Naples, Unit Three. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by ~..,Tcac"t~ ~.taG,,o~"O~ ,..& t,o(. a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the 'Requi~'ed Improvements" are limited to those described in the Estimate. C. Section 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated ..1,..~: l"l:J~ (the 'Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is S ~: ;.~4, :;,. ::. 6~. and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to Specifications that have been approved by the Development Services Director within 2.~ months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $~L4,~:2.~.'~from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ ~7.~,32.:..'50 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (I0%): and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ t~'~4.5'~ $':~ , which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, In the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand. provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exc~ for such funds a statement to be signed by the Development Services Director to the effect that: Page I of 3 SEP 0 8 1998 .o (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply ithe requirements of this agreement: (b) the County. or its authorized agent, will complete the work called for under the terms of the above mentioned contract or will complet~ such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) the escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to cra'fy out and execute the above.mentioned development work; and, (d) the County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or b) notify the Developer iting of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision, provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements ~hall unless or until the board accepts maintenance responsibility for and by the County. 1 I. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. Page 2 of 3 SEP 0 8 1998 pa. IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreemen! lo be executed by their duly authorized representative this ~day of .19 . Wime~ to WatervJ'ay4 Joint Venture: ",/ ,..~ · /,_ /., ,, ...~., WATERWAYS JOINT VENTURE, A Florida General parmership By: WATERWAYS OF NAPLES LIMITED. As general partner By: WATERWAYS DEVELOPMENT INC., As general partner By: .~.,/,,~-,O~ Richard Daven,li~Crt,MS:esident Witness to First Union National Bank of Florida: ! ;_-. ( , ,, ,,', Print Na~e: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk FIRST UNION NATIONAL BANK OF FLORIDA Printed Name: e4'.,',~'F'/.>;' /c'?z.-~ Title: 5.t.~,,;,,: 1~',er' '~re $/ o/~7 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Barbara B. Berry Appro~{ed as to fort9 and,legal sufficiency: // : ./I 3 i//, %3'{-~Davi~C' Weigel, County Attorney Page 3 of 3 1998 ENGINEER'S PRELIMINARY ESTIMATE OF PROBABLE COSTS PROJECT: WATERWAYS OF NAPLES, UNIT 3 DATE: 07/29/98 ITEM I DESCRIPTION ON-SITE PAVING QTY. UNIT COST PRICE 3~4' ASPHALT (1st LIFT) 7.999 SY $1.85 $14,798,15 3/4' ASPHALT (2nd LIFT) 7,999 SY $2.15 $17,197,85 8' BASE 8.527 SY $5.15 $43,914.05 12' STABILIZED SUBGRADE 11,676 SY $1.85 $21,~30.50 VALLEY GUTTER 4,725 LF $3.~ $18,711.00 TYPE 'F' CURB & GUTTER 4,250 LF $4.70 $19,g75.00 MODIFIED'E' CURB 375 LF $8,00 RIBBON CURB 50 LF $8.75 ~137.50 TYPE 'A' CURB 45 LF $7.50 $337.50 4' SIDEWALK 3855 LF $8.00 $23,130.00 INLET TOPS 17 EA $48800 $7.956.00 4' SOLID YELLOW 2100 LF $8.20 $420,00 18' SOLID YELLOW 526 LF $1.25 $857.50 24' STOP BAR 96 LF $1.75 $168.00 AMBER:AMBER RPt, rs 100 EA $8.50 $850.00 BLUE RPM's 4 EA $10.00 $40.00 ARROWS 24 EA ~30.00 $72000 STOP SIGNS 2 EA $120,00 $240.00 STREET SIGNS 2 EA $150.00 $300.00 12' CROSS WALK 110 EA $1.75 $192.50 9-BUTTON DELINEATOR SIGN 7 EA $125.00 $875.00 FINAL GRADE R O W. 1 LS $5,100.00 $5,100.00 SPEED LIMIT SIGNS 4 EA $120.00 ~480.00 SURVEY 1 LS $18,70000 $18.7~3.00 TESTING 1 LS $2~30.00 $2.200 00 FINAL GRADE LOTS 1 tS $9,675.00 $9.675.00 TOTAL PAVING $210.725.~5 OFF-SITE PAVING 3' Sill ASPHALT 5,100 SY $8.90 SAW CUT EDGE 3,500 LF $0.55 8' BASE 5,3O4 SY $8.86 12' STABILIZED SUBGRADE 5,525 SY $1.85 4' SOLID WHITE THERMO B0 LF $0.38 4' SOLID YELLOW THERMO 270 LF $0.38 ~ SOLID YELLOW THERMO 5,280 LF $0.80 6' SOLID WHITE THERMO 4880 LF 18' SOLID YELLOW THERMO 600 LF $2.10 6' SKIP WHITE THERMO 600 EA $0,42 24' SOLID WHITE THERMO 25 EA $2.70 MONC~'COLORLESS RPt~'s 5~ EA $4.50 AMBER/AMBER RPI~s 260 EA $4.50 AR RC~/S 17 EA STOP/DOUBLE STREET NAME SIGN 1 EA $215.00 R2-SA SIGN 2 EA $130.00 FINAL GRADE R.O.W. 1 L~ $2,100.00 BAHIA SO0 EDGE OF PAVEMENT 7,740 SF 50.22 HYDROSEED RIGHT~)F-WAY 12900 S¥ $0.21 TRAFFIC CONTROL 1 L$ TOTAL PA~qNG $I $,31,0~1.44 $10.221.25 $3040 $102.50 $25200 $1,170.(30 $1.702.e0 $102.2a4,~e I11 DRAINAGE 15' R.C.P. 18' R.C.P. 24' R.C.P. 24' M.E.S. THROAT INLET HEADWALL 118 TOTAL DRAINAGE 293 LF $16.00 $4,688.00 1146 LF $19.00 S21,774.00 2221.1: $28.00 t5,772.00 2 LF $400.00 $800.00 19 EA $850.00 $16,150.00 9 EA S1,100,00 $9,900.00 $59,084.00 WATER 8' DR18 WATER MAIN 8' DR14 WATER MAIN FIRE HYDRANTS TEMPORARY SAMPLE PT. 8' G.V.'s PERMANENT SAMPLE PT. CONNECT TO EXISTING HOT TAP EXISTING 8" W.M. SIPGLE WATER SERVICES DOUBLE WATER SERVICES 3' PVC CONDUIT TEMPORARY BLOWOFF A.R.V. 5,064 L; $9.50 $48,108.00 250 LF $11.00 $2,750.00 7 EA S 1,600.00 $11,200.00 1 EA $500.00 S 500.00 12 EA $525.00 $6,300.00 1 EA $650.00 $650.00 1 EA $1,000.00 $1,000.00 1 LS $2,800.00 $2,800.00 8 EA $225.00 $1,800.00 17 EA $315.00 $5,355.00 680 LF $4.00 $2,720.00 4 EA $350.00 $1,400.00 1 EA $900.00 S 900.00 TOTAL WATER $85,483.00 SEWER 10" DR35 SEWER MAIN (12'-14') 8' DR35 SEWER MAIN 8' DR35 SEWER MAIN (0-6') 8' DR35 SEWER MAIN (0-6') 8' DR35 SEWER MAIN (0-8') SAN. MANHOLE {0-6') SAN. MANHOLE {0-6') SAN. MANHOLE (0-6') SAN. MANHOLE SAN. MANHOLE (0-6') SINGLE SEWER SERVICE DOUBLE SEWER SERVICE 4' DR18 FORCE MAIN 4' DR14 FORCE MAIN A.R.V. T.V. SEWER MAIN CONNECT TO EX. STUB TOTAL SEWER 196 LF $32.00 $6,272.00 356 LF $12.00 $4,272.00 400 LF $14.50 $5,800.00 1,061 LF $18.00 $19,098.00 560 LF $22.00 $12,320.00 1 FA, $ 1,050.00 $1,050.00 2 EA $1,200.00 S2.400.00 2 EA $1,450.00 $2,900.00 3 EA $1,600.00 $4,800.00 2 EA, $1,850.00 S3,700.00 9 EA $375.00 $3,375.00 17 EA S425.00 S7,225.00 527 LF $7.00 S3,689.00 160 LF $8.00 S 1,280.00 1 EA S 1.200.00 S 1,200.00 1 LS S2,500.00 12,500,00 ILS $1,000.00 $1,000.00 $82,881.00 Vl LIGHTING I LS $10,OOO.00 $10,000.00 Vll LANDSCAPING 1 LS $17,108.O0 $17,108.00 TOTAL SUBDIVISION IMPROVEMENTS TOTAL SUBDIVISION BOND (I 10%! $567,566.64 S624,323.30 E~CUTIVE SUMMAR~ REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF SAPPHIRE LAKES UNIT 3-C AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVe. ~ To approve for recording the final plat of Sapphire Lakes Unit 3- C. CONSIDERATIONS The Poard of County Commissioners on February 2, 1996 approved the final plat of Sapphire Lakes Unit 3-C with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $72,643.50, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $79,898.00. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1589.00 Fees are based on a construction estimate of $72,643.50 and were paid in January, 1996 and are reflected in the Executive Summary of February 2, 1996. Executive Summary Sapphire Lakes Unit 3-C Page 2 GROWT~ MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Sapphire Lakes Unit 3~C'', with the following stipulations: Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Sapphire Lakes Unit 3-C". 3) Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rober~Mulhere, AICP P~ Services~ment Director V~n/c~. C~adtero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date SEP 0 8 1998 I:,g. ~ .. ROAD ¢Il~K SAPPHIRE LAKES UNIT 3C LOCAT'ZON BLVD. LOCATION CT SAPPHIRE LAKES PAGES 28- ;P 0 8 1998 CONSTRUCTION, MAINTEN~CE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THiS CONSTRUCTION, MAINTENANCE AND ESCROW AGREI~-MENT FOR SUBDMSION IMPROVEMENTS AGRI::_I::MENT entered into this ,~ day of.luly, 1998, between REUVEN HAIM BUILDERS, INC., a Florida Corporation, hereinat~er referred to as "Developer", and the Board of County Commissioners of Collier Coumy, Florida hereinafter referred to as the "Board" and PENINSULA BANK, hereinafter referred to as the "Lender". A. Developer Ms, simultaneously with the delivery ofthis Agreement, applied for the approval by the Board of a certain plat ora subdivision to b~ known as: SAPPHIRE LAKES. UNIT ~-C B. The subdivision will include certain improvemems which are required by Collier County. ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Avirom-Tolton & Associates, a copy ofwhich is attached hereto and incorporated herein as Exhibit I. For purposes ofthis Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.6.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of)he Required Improvements. D. Lender has emered into a construction loan agreement with Developer dated //}'~,,,/,~/<~j) (the "Construction Loan") to fund the cost of)he Required Improver~efts. / .... E. Developer and fig Board have acknowledged thst t~ ~mount Developer is required to guarantee pursuant to this Agreement is $79,89&00, axed this amount represents 110% of the Devaloper's engineer's estimate of)he construction co~ts for the Required Improvements. NOW, THEREFORE, in consideration of)he foregoing premises and mutual covenants herea.~er ret forth, Developer, the Board and )he Lender do hereby covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to spe, eific, afions that have been approved by the Development Service Director within 36 months from the dale of approval of said subdivision plat. ° EP 0 8 oz.q 2. Developer herewith agrees to construct sa~d improvements prior to recording sa~d subdivision plat and the Bom'd of County Commissioners shall not approve the plat for recording until sa.id improvements have been completed.. 3. Lender agrees to hold in escrow $79,89It.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $7,263.00 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (l) year pursuant to Paragraph l0 of the Agreement. However, in the event that Developer shall fail to comply with the requiremems of this Agreement, then the Lender agrees to pay to the Count>' immediately upon demand the balance of the funds held in escrow by the Lender, as of the date ofthe demand, provided that upon paymem of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; Co) the County, or its authorized agent, will complete the work called for under the terms of the above-mentioned comract, or will complete such portion of such work as the County, in its sole discretion, shall deem nec~S~' in the public interest to the extent of the fimds then held in escrow; (c) the escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering legal and contingent costs and expenses, and to offset any damages, either direct to consequentiaL, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned developmerrt work; and (d) the County will promptly repay to the lender any portion of the funds drawn down and not expanded in completion of the said development work. SEP 0 8 1998 ,.5' __j 5. Written notice to the Lender by the County specifying what amounts are to be aid to the Developer shall constitute authorization by the County to the Lender for release of the specified fund to the Developer. Payment by the Lender to the Developer of' the amounts specified in a letter of'authorization by the County to the Lender shall constitute a release by the County and Developer of'the Lender for the funds disbursed in accordance with the letter of authorization fi.om the County. 6. The required improvemems shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been fi.LrTtished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Code. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either; a) notifiy the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing ofhis refusal to approve the improvements, therewith spedfying those conditions which the Developer must fulfil! in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreemem. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and ail legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission ora written requ~ for inspection, the Development Services Director shall inspect the Required Improvements, and if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. Ail ofthe terms, convenants and conditions herein contained are ~ shall be binding upon the Developer and Lender, the respective successors and assigns ofthe Developer and Lender. ' SEP 0 8 1998 IN WITNESS WHEREOF, the Boaxd, thc Developer and Lender have cauRxi this Agreement to be executed by their duly authorized representatives this ,,F~'_ day of July, 1998. SIGNED, SEALED AND DELIVERED ,I~. PRESENCE OF: ~ Printed or Typed Name Printed or Typed Name A Flo n~n President IN THE PRESENCE OF: Printed or Typed Name Printed or Typed Name PENINSULA BANK ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairmm Approved as to form and legal sufficiency: David C. Wiegel Collier County Attorney SEP 0 8 1998 TRI AGREEMENT TO COMPLETE PHASE 3-C QTY UNIT PRICE AMOUNT Sanitary. Sewer System: 8" PVC gravity main (0'- 6' cut) 337 LF 4' Dia. manhole (0'-6' cut) 2 EA 4' Dia. manhole (6'-8' cut) 1 EA 6" double service lateral 13 EA 6" cleanout assembly 13 EA TV inspection 1 EA 15.00 $ 5,055.00 1,050.00 $ 2,100.00 1,200.00 $ 1,200.00 275.00 $ 3,575.00 85.00 $ 1,105.00 700.00 $ 700_00 Subtotal sanitary sewer Potable Water Main: Connect to existing watermain 2 EA 8" PVC C-900, DR-18 watermain 690 LF 8" PVC C-900, DR-14 watennain 60 LF 8" gate ,,~lve and box 2 EA Fire hydrant complene 2 EA Perm. bacteriological sample point 1 EA 3" PVC blank casing 110 LF Misc. fittings 1 LS 1,OO0.OO 12.00 14.00 500.00 1,800.00 750.00 4.00 2,000.00 Subtotal potable water 15" RCP 417 LF 18" RCP 150 LF C.B. (valley gutter inlet) 4 EA 15" concrete headwall 2 EA 18" concrete headwall 1 EA 2" F.P.L. conduits (install only) 260 LF 18.00 22.00 975.00 850.00 900.00 3.00 Subtotal storm drainage 1 1/2 asphactic concrete: 1st ligt 3/4" asphalt I757 SY 2nd lift 3/4" asphalt including prime 1757 SY 8" limerock compacted and primed 1757 SY 2' valley gutter 860 LF TEST 1 LS Balance subgrade/final grading 1 LS 2.OO 2.30 5.20 4.20 4OO.OO 1,2OO.00 Subtotal paving $ 13,7:38.00 $ 2,000.00 $ 8,280.OO $ 840.00 $ 1,000.00 $ 3,600.00 $ 750.00 $ 440.00 $ 1~910.00 7,506.00 3,300.00 3,900.OO 1,7OO.00 9OO.OO 780_00 $ 3,514.00 $ 4,041.10 $ 9,136.40 $ 3,612.00 $ 400.00 S 21,903.50 GRAND TOTAL $72,634.50 Wednesday, Sune 24, 1998 SEP 0 8 1998 REQUEST TO APPROVE AN ALTERNATE CONSTRUCTION AND MAINTEKANCE AGREEMENT AND ACCEPT AN ALTERNATE SECURITY FOR THE PROJECT F~NOWN AS PORTOFINO OBJECTIVE: TO approve an alternate Construction and Maintenance Agreement and accept an alternate security for the final plat of "Portofino", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: The original developer of this project has transferred their interests to the current developer. The current developer wishes to replace the existing agreement and security with their own. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. The agreement and security have been reviewed and approved by Engineering Review Section and the County Attorney's office. ~n~ineering Review Section recommends that the Board accepts the alternate agreement and security and return the previous agreement and security. FISCAL IMPACT: The fiscal impact to the County is as follows. Ail required fees have previously been paid. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $8818.99 Fees are based on a construction estimate of $422,449.00 and were paid in August 1994 and are reflected in the Executive Summary of October 11, 1994. AGE E No. ~ SEP 0 8 1998 Executive Summary Portofino Page 3 PREPARED BY: .~ ~ ~..,~ (2. 5~.~, c,~,..I), John R. Houldswor~h, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rd ~ AICP Planning Services Department Director Vihcent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date Date SEP 0 8 1998 1 ]frO NTERE Y.' '." .... :,..-~.LO(~A~ION MAP F'-'LiCA.'; ~' -rLI'.V£,VT,tkY Si-rE CONSTRUCTION AND MAINTEN~'CE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDI%rISION LMPROVEMENTS entered into thi.~ . day of 19.__, between TAYLOR WOODROW COb~IuNrrIES hereinafter referred to as "Developer", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORIDA, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery oft_his Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as Ponofino at Pelican Marsh, according to the plat thereof recorded in Plat Book 24, pages 6 through 8, of the current Public Records of Collier County., Florida. 2. Division 3.2 of the Collier County Unified Land Development code requires the Developer to post appropriate guarantees for the construction of the i~rovements required by said subdk4sion regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required irt,m, rovements. NOW, THF. REFORE, in consideration Of the foregoing premiss and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Infrastructure including drainage, water, sanitary, roads, code required landscaping within thirty-six (36) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of FIFTEEN THOUSAND SEVENTY-NINE DOLLARS AND 851100 ($15,079.85) Dollars which amount represents 10% i I ,cE.: 081998 }fthe total contract cost lo complete construction plus 100% of thc estimated cost to complete the required irr~provements at the date ofthk Agreement. 3. In the event ofdefault by the Developer or fa~u'e ofthe Developer to co~lete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance secuHW to insure sati_d'actory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be re,Aewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall within sixty (60) days of receipt of the Otatement of substantial completion, either: (a) notify the Developer in writing of its preliminary acceptance of the improvements; or (b) notify the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which the Developer must fififill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements ofthle Agreement. 6. The Developer shall maintain all required improvements for a minlrrmm period of one (1) year atter preliminary acceptance by the Development Services Director. Atter the one (I) year maintenance period by the Developer has terminated, the Development Services Director shall inspect the improvements and, if found to be still in compllanee with Collier County Land -2- 1998 D~,elopment Code as refleaed by final acceptance by the Board, the Developer's responsibility for maintenance shall continued until the Board accepts maintenance responsibility for and by the County.. 7. In accordance with Division 3.2 of the Collier County U-ified Land Development Code, the Developer may request the Development Services Director to reduce ,,tonally the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduaion in the dollar amount of the subd/vision performance r, ecurity shall be accompanied by a statement of substantial completion by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fldfill/ts obligations under this Agreement, upon certification of such failure, the County ^am~xrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not llm~ted to, engineering, legal and contingent costs, together with any damages either direct or consequential, which the Board may sustain on account oft_he failure of the Developer to can'y out all of the provisions ofthis Agreement. -3- ! iSEP 081998 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns ofthe Developer. IN WITNESS WItZREOF, the Board and the Developer A~eement to be executed ,19_. by their duly authorized representatives have caused this day of TAYLOR WOODROW COMMUNITIES, a Florida General Partnership Signed, Sealed and Delivered By: in the presence off TAYLOR WOOl)ROW ltOMES FLORIDA, INC., a Florida Corporation, a General Partner MARGARET E. BOUCHER ~ted Name of Wimess Gall A. Shugart Printed or typed name Prited Name of Wimess Signed, Sealed and Delivered By: in the presence of: MONARCIt ItOMES OF FLORIDA, INC. a Florida Corporation, a General Partner MARGARET E. BOUCHER Printed Name of Witness Gall A. Shugart Prited Name of Witness John R. Pe~hkln_ Presidem Printed or typed name TTEST: W'iGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: David C. We~gel Collier County Attorney By:, Chairman File:C&MAPM $EP081998 BOND NO. 16-31-12 PERFORMANCE BOND KNOW ALL PERSONS BY TltESE PRESENTS: that TAYLOR WOODROW COMMUN1TII:.S 7120 SOUT~ BENEVA ROAD SARASOTA, FL 34238 hereinafter referred to as "Owner") and AMERICAN HOME ASSURANCE CO. 70 PINE STREET NEW YORK, NEW YORK 10270 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of FIFrEEN THOUSAND SEVENTY-N'L-NT DOLLARS AND 85/100 ($15,079, 85) in lawful money ofthe United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and surety are used for singular or plural, as the context requires. TllX CONDITION OF Tm.q OBLIGATION is such that whereas, the Owner has submitted for approval by the board a certain subdivision plat named PORTOFINO AT PELICAN MARSH and that certain subdivis/on shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commksioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, TItEREFORE, if the Owner shall well, truly and faithfully p~form its obligations and duties in accordance with the Land Development Regulations during the guaranty p~iod established by the County, and the Owner shall satisfy all dalton and dem.nds incurred and shall fully indemnify ad save harmless the County from and against ail costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FUROR, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shah in any way affect its obligation on thin Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvement s. PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hfs'cio, so as to binll I PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surer}' to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, ,nd whether referring to tiffs Bond, or other documents shall include any alteration, addition or moeli6¢ation of any character whatsoever. IN WITNESS X~IEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this __ day of 1998. TAYLOR WOODROW COMMUNITIES, a Florida General Partnership By: TAYLOR WOODROW HOMES FLORIDA, INC. a Florida Corporation, a General Partner Signed sealed and delivered ~ARET E BOUCHER '~Printed or typed name (3ail A. Shugart Prated o£ryped name -2- SEP 0 8 1998 Si~ned sealed ~d delivered presence o.f ~/9,~,. ~.~d:~ET E. B~ ~ted or ~ed n~me By:. MONARCH HOMES OF FLORIDA, INC. a Florida Corporation, a General Partner AMERICAN HOME ASSURANCt: COMPANY By: Printed of typed name JA(2K M. WOQpRU.F~ ~A~I", ) ~NEY-IN-FACT. WITNESS: wZZ ESS: The foregoing instrument was acknowledged before me fla s (::, th itl]r'of .ao n~..., ,1998 by ~ as President of both Taylor Woodrow Homes Florida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners of TAYLOR WOODROW CO1HMUNiriEs, a Florida C-eneral partnership. t.'~who is personally known to me; or __ who has produced a Florida driver's license as identification and did/did not take an oath. NOTARY PUBI~ A. Shugart Prbt Name My Commission Expires: Commission Number: File:M: \p ar\amipro\pbpm -3- SEP 0 8 '[998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of SAN FRAKCISCO On JUNE 25, 1998 before me, JANET C. ROJO, NOTARY PUBLIC , OATE NAME. TIT~.E OF OFFICER. E G., '.JANE I:)0~. NOTARY J)I. JBUC' personally appeared JACK M. WOODRUFF . NAME(S) OF SIGNERf$) ~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence JANET C. EOJO COM.~;.. #1150661 SAN ~.N .... COCOUN~ ~,'y Ccmm [~:~es ~J;. 16.2~01 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ SIGNATURE OF NOT~ OPTIONAL Though the data below is not required by law, it may prove valuable Io persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY.IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT BOND NO. 16-31-12 TITLE OR TYPE OF DOCUMENT Four (4) NUMBER OF PAGES JUNE 25, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: ' . ~m.~,~.......CAN EOt'[E ASS~CE ~~ -- I SIG~ER(S~ER THAN NAMED ~VE.,;' .: ~. ~ Amer!~.:.,~ Home Assurance Comp. any .National Union Fire Insurance Company of Pittsburgh, Pa. Paine\poi Bond OF:icc: l': \\'a:cr S:rect. New York. N.Y. 10035 KNOW ALL MEN BY I'IIESE PRESENTS: POWER OF ATTOILNEY No. 03.B.5.1650 That :\n:crtean lb,mc .-\ssurance Company, a New York corporation, and Naltonal L'mon F~re h'lsuran¢c Comp;my of lhttsbur~h. Pa.. a Pcnns> I,. ama corpora::on, docs each hereby appomt ---Tern.' J. Mou~han..lack 51. Woodruff. John R. Lamherson, Cynthia L. Lev, is, Donna .M. ¢;erg, rich, Susan Gannu%cio. Patrick l'..Mou~han: ol'San Francisco. California~ :ts true and lawful ,\uomcyt s!-m-F:~c:, w~th full authority to execule on ils behalf bond.:, undcrtakmgs, recogm/ancc$ -',nd other contracls of :ndcmmb' and x~ nt:ngs obhg::ory ~n thc nature thcrcot~ issued in the course of tls bus~ncss, and to brad thc respective comp;my thereby. 1N WITNESS XVI I E REOF. Amcncan I Iomc Assurance Company and National Union F~rc Insurance Company of P~ttsburgh, Pa. have each ~x¢cu[cd thcs~ presents thts 2nt.__~l d:ty of M:,rch. I')9..~S. La~.n.'~'%V.'-Carlstrom. ~Sentor \;icc I'rc~dcnt Nauonal Un:on F~rc Insurance Company of Pmsburgh. PA. V~ce Pres~dcnL American tlome A ssurunce Company ;,I'.k'FE OF NEW YORK r.:OUYFY OF NEW YORK }ss. On Ih~s 2nd dJv of March. 199S before mc came ~hc abo'.c · .m~cd o:'ficcr nl' Amcnc',.n Home ..\ssura--~nce Company and N:monal a,on F~rc I~surancc Company of P~:tsbur.~h. Pa.. ~o mc personally :~ox,.n to bc thc :nd~'.~duJl *;d officer described hereto, and ckno..~ Icd~cd th',\ he executed :he forc~mng mstrumcnt and affixed '~c sca!s of sa~d corporanons thereto by authority of his office. He. 01:~'~261 ~2'8 CER'FIFICAI'E xccmts of Rcsoluuons adoF:cd by :he Boards of D~rcctors of American }Some ..%ssutancc Corripany and Nanonal Union Fir,; Insurance Company of .... t,q:.,, p.~ on Ma.,. IS. IH-:.qOI.'~'ED. fiat :he C):a~mun of thc Board. thc President. or att.'.' Vtcc Prcs~dcn! be. and hereby. Is. authorized to aDpoml Allomcys.in-Facl Io represent 3nd ami on behalf of thc Company to execute bonds, undcnakm~s, rccogmzances and other con\mca of mdemmty and wnlmgs ohhg~toO. ~n thc nature 'crcoF. and to attach :hereto the co~ora~c seal o(lh¢ Company, m thc ~nsacuon of~ts $urcly busmcss: RESOI.VED. [I~ai tit,.- st.cna:urcs and aucslauons of such officers 3nd thc seal of thc Company ma)' be a~xcd lo 3ny such Po~cr of Attorney or Io ~ny :ru~cJ~c re!atm$ thcre:o by Facsimile. and any such Poxvcr of Attorney or ccmficalc bcanne_ such facsm~flc signal\cs or Facs~mflc seal shall he vahd and upon ~hc Company ,~hcn so affixed ~'ith respect to any bond. Jndcnaking. recognizance Or other contract of ~ndentmtv or wr, mg ohligatom mn thc :~F:SOI.'~ED. Fha! any such Auomcy-ln. Fact dchvcnng a secretarial ccntficauon Ihat thc forccotng, resohmons still bc in clTcct may msctt in '~uch .'r:n~c;mon H~¢ daf,: thereof, sam duc to hc not later than thc dale oFdchvcry Ihcrcofhy such Aunrn¢',,.m. Fact." ! ;=,'ah¢:h M Tuck. Sccreury of American I{ornc A<surancc Company and or Nauonal Umon F~tc Insurance Company of Pfltsh,rgh. Pa, do hereby certify .~: thc :nrc.~mn_~ cx¢~ts of Rcsoluuon$ adopted hy thc Boards of Dtrcctors or these corpor'mons, and thc Powers of Attorney ~ssucd pursu:mt thcrcto, arc :c and coffee:, and lh~t both :he Rcsoluuons and thc Pov. crs ofAuorney .'.rc in full forcc and effect. ~, '~, I'I'NI.:SS ~,'~ IIEREOI:'. I ha,.c hereunto scr my hand and affixed Ibc racsm.lc .seat otcach corporation ,h,, .25th dJyof JUNE Tuck, Stere\ar . ~,) 98 SEP O 8 1998 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 70115-030/Guy J & Ruth B Iarussi, 711104}34/Guy J & Ruth B Iarus-q, 71119-014/Guy J & Ruth B Iarussi, 7121%046/Guy J & Ruth B Iarussi & 71217-048/Guy J & Ruth B Iarussi OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the 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 for 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 the 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. Owner of Record Case Summary Lien Amount 70115-030 Guy J & Ruth B Iamssi a. Violation determination 01/14/97 $ 400.00 b. Notice &Violation served 02/22/97 c. Verification of unabated nuisance 02/14/97 l d. Nuisance abated with public funds 04/22/97 e. Owner invoiced for costs 04/28/97 71110-034 Guy J & Ruth B Iarussi a. Violation determination 11/08/97 350.00 b. Notice of Violation served 12/10/97 c. Verification of unabated nuisance 12/18/97 d. Nuisance abated with public funds 02/12/98 e. Owner invoiced for costs 02/20/98 71119-014 Guy J & Ruth B Iarussi a. Violation determination 11/18/97 350.00 b. Notice of Violation served 12/10/97 c. Verification of unabated nuisance 12/18/97 d. Nuisance abated with public funds 02/12/98 e. Owner invoiced for costs 02/20/98 71217-046 Guy J & Ruth B Iarussi a. Violation determination 12/16/97 340.00 b. Notice of Violation served 01/15/98 e. Verification of unabated nuisance 04/02/98 d. Nuisance abated with public funds 04/27/98 e. Owner invoiced for costs 04/30/98 71217-048 Guy J & Ruth B Iarussi a. Violation determination 12/16/97 340.00 b. Notice of Violation served 0 I/15/98 c. Verification of unabated nuisance 04/02/98 d. Nuisance abated with public funds 04/27/98 D e. Owner invoiced for costs 04/30/9f- , ^ a E I~IDA_I.TYO~ SEP 0 8 1998 FISCAL IMPACT A total reimbursement of 5; 1,780.00 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 # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Melody Bridgen~n,-Custom~ Service liepresentative DATE: Code Enforcement REVIEWED BY: JuiCe Belanger, Senior Customer Service Agent Code Enforcement REVIEWED BY: DATE: Michelle Edwards Arnold, Director Code Enforcement DATE: APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: CSce 8 - 6/91 0 8 1998 Guy J & Ruth B Iarussi 788 Park Shore Dr. A~T F-25 Naples, FL 33940 BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNt"f, FLORIDA LEGAL NOTICE OF ASSESS~4~NT OF LIEN DATE: ~55701720003 LIEN NUMBER: CSce 9- 1/93 assessment to be valid. CLERK, BOARD OF COUNTY COM~ISSIONERS SEP 0 8 1998 Pg. 3. ~ REFERENCE 70115-030 LEGAL DESCRIPTION: ~ of Linde Park, except Lots 38, 39, 40, 42. 43 and 44, a Sutx~lvision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office cf the Property Appraiser, are hereby advised that the Compliance Services Manager, d~d cn 1/15/97, order the abatement of a certain nuisance existing on the above property prohibited ky Ordinance 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18", and downed tree branches, limbs, paper plastic, bottles, cups etc. You failed to aka~e such nulsance; whereupon, it was abated by the expenditure of public funds at a dlrec= cos5 .of $200.00 and administrative cost of $200.00 for a total of $400.00. Such costs, by Reso!utlon of the Board of County Commissioners of Collier County, Florida, have been assessed agalnst the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of ! 2 3 4 5 6 ? 8 9 I0 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 5O 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE A~BATEMEI~ OF PUBLIC NUISANCE, IN ACCORDANCE WI/~H ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the d~rect costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against whlch made until paid; and WHEREAS, the assessment shall become due and payable thirty [30) days after the mailing of Notice cf Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION~ (~y J & Ruth B Iarussi A/,L of Linda Park, except Lots $400.00 788 Park Shore Dr 38, 39, 40, 42, 43 and 44, · Apt F-25 Subdivision of Lot 51 of NAPLES Napl.~s, FL 34103 ~ROVE A/TD TRUCK CO'S LITTLE NO. 2, less State Road right-of-way, · ccording to the plat thereof in Plat Book 4, Page 19 o£ the Public Records of Collier County, Florid·. REFERENCE: 70115-030 #55701720003 The Clerk of the Board shall mail a notice of assessmen% of lien to the owner or owners of the above described preperty, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such directicn is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUITTY, FLORIDA BY: BARBAP~A B. BERRY, CHAIRFJ%N SEP 0 8 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Guy J Iarussi, & Ruth B Iarussi 788 Park Shore Dr. Apt F25 Naples, FL 34103 REFERENCE 71110-034 #55701760005 LEGAL DESCRIPTIOII: DATE: <current date> LI F. II NUHBER: ALL of Linde Park, except Lots 38, 39, 40, 42, 43 end 44, Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, &ccording to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/19/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited eKotics on unimproved land located within 200' of improved, subdivided property. Outgrowths of Brazilian Pepper Hedge throughout vacant lot in question. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 150.00 and aoministrative cost of $200.00 for a total of $ 350.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 SEP 0 8 1998 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 RESOLUTION NO. 98- 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PLFBLIC N~JIS;%NCE, IN ACCORDANCE WITH ORDINANCE 91-47. 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 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE I? RESOLVED BY THE BOARD OF COUNT, Y COMMISSIONERS OF COLLIER COU~TTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Ouy J & Ruth B Iarussi 788 Park Shore Dr. Apt F25 Naples, FL 34103 RXFERENC~: 55701760005 71110-034 LEOAL DESCRIPTION: ALL of Linde Park, except Lots 38, 39,40, 42, 43 and 44,a Su~ivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FAP~ NO. 2,1ess State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of t-he l~ublic Records of Collier County, Florid&. COST $ 250.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records cf Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: B;kRBAR3% B. BERRY, CHAIRFJ~N SEP 0 8 1998 Guy J Iarussi, & Ruth B Iarussi 788 Park Shore Dr. Apt F25 Naples, FL 34103 REFERENCE 71119-014 #55701760005 LEGAL DESCRiPii0N: BOARD OF COUNTY CO)~4I$SIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENTOF LIEN DATE: LIEN NUMBER: ALL of Linde Park, except Lots 38, 39, 40, 42, 43 end 44, · Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as ~ne owner cf the property above described, as recorded in the records maintained by the office of the Prsperty Appraiser, are hereby advised that the Compliance Services Manager, did on 11/19/97, order the abatement efa certain nuisance existing on the above property ~rchib~tez ky Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Found exotics consisting of approx, six (6) small to med. Australian pine trees & several outgrowths of Brazilian pepper hedge. You failei %o abate such nuisance; whereupon, it was abated by the expenditure of public funds a~ a ~irect scsi of $ 150.00 and administrative cost of $200.00 for a total of $ 350.00. £~ch costs, ty Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall Decome a lien on ~he property thirty (30) days after such assessment. You may reques~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses an~ char~es ~ncurred by the County under %his Ordinance are unwarranted or excessive cr why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, _'ser.enCenter, "--~ Florida 34112 in writing within thirty (30) days from the date of ~es, - assessr, enttc ~e valid. ~ .~ ~ .. CSce 9- 1193 CLERK, BOARD OF COUNTY COMMISSIONERS SEP 0 8 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PB~LIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. 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 WHEREAS, the cost %hereof to the County as to each parcel shall be calculated and reported to the Board of Count}' Commissioners, together with a description of said parcel; and WHEREAS, au:h assessment shall be a legal, valid and binding obligation upon the property against which made un:il pa!d; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion %hereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOkRD OF COUNTY COMMISSIOI{ERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such aba~ement, to wit: NAME: LEGAL DESCRIPTION%. Guy J Iaruasi, & Ruth B Iarussi 788 Park Shore Dr. Apt F25 Naples, FL 34103 ALL of Linde Park, except Lots 38, 39,40, 42, 43 and 44, a Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2,1ess State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Publ£¢ Records of Collier County, Florida. $ 350.00 REFERENCE: 55701760003 71119-014 The Clerk of the Board shall mail a notice of assessment of lien to the owTler or owners cf the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count},, :o constitute a lien against such property according to law, unless such direc:icn is stayed by this Board upon appeal of the assessment of the ow~ler. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOA.RD OF COt~ COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COU~¥, FLORIDA APPROVED AS TO FO~M AND LEGAL SUFFiCieNCY: 61 i ' ~ 63~f_l)~VI D WEll. EL (>4~~ COUNTY ATTOrnEY 65 ~ CSce 11 - 1/98 BY: BARBARA B. BERRY, CHAIRMAN SEP 0 8 1998 BOARD OF COUNTY CO~IISSIONERS Guy J & Ruth B Iarussi 788 Park Shore Dr Apt F-25 Naples, FL 34103 REFERENCE 71217-046 #55701760005 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: LIEN NUMBER: LEGAL DESCRiPTiON: Ail of Linde Perk, except Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner ~f the property above described, as recorded in the records maintained by the office cf rte ?roper~y Appraiser, are hereby advised that the Compliance Services Manager, did on 2/17/97, or,er the abatement of a certain nuisance existing on the above property prchibi%ec ty Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Palms fronds, tree branches, paper, plastic containers, glass & metal items. You fal!ec ts. abate such nuisance; whereupon, it was abated by the expenditure of .public funds at a direst ucst of $ 140.00 and a~ministrative cost of $200.00 for a total of $ 340.00. Such ccc%s, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed agains: the above property on and shall Decome ailen on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by %ne County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CSce 9- 1/93 CLERK, BOARD OF COUNTY COMMISSIONERS SEP 0 8 1998 I 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 3? 38 39 40 41 ~2 43 45 46 48 51 52 53 54 55 56 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NTJISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. 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 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT R£SOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notlce thereof to ~he owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~E: Guy J & Ruth B Iarussi 788 Park Shore Dr Apt F-25 Naples, FL 34103 REFERENCE: 71217-046 #55701760005 All of Linde Park, except Lots 38, 39, 40, 42, 43 end 44, a Su~ivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. g0ST 340.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thls Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 57 58 59 APPROVED AS TO FORM. 60 AN~ LEGAL SUF~IC~FliCY: 6! 64~%' COUNTY ATTORNEY 65 66 CSce 1i - 1/98 BOARD OF COUITTY COMMISSIONERS COLLIER COUNt"f, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN SEP 0 8 1999 BOARD OF COUNTY CO~*~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSM~NT OF LIEN Guy J & Ruth B Iarussi 788 Park Shore Dr Apt F-25 Naples, FL 34103 REFERENCE 71217-048 #55701760005 DATE: LIEN NUMBER: LEGAL DESCR!PT!CN: All of Linda Park, except Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of N2tPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the cwner cf %he property above described, as recorded in the records maintained by the office of the Prcperty Appraiser, are hereby advised that the Compliance Services Manager, diccn 2/17/97, crder the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Palm fronds, downed tree sections, paper, plastic, glass & metal items. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cczt of $ 140.00 and a~ministrative cost of $200.00 for a total of $ 340.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florlca, have been assessed against the above property on and shall become ailen on the properly thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and char~es incurred by the County under this Ordinance are unwarranted or excessive cr why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment To be valid. CSce 9- 1/93 CLERK, BOARD OF COUNTY COMMISSIONERS SEP 0 8 1998 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 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 a9 50 51 52 53 55 56 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUN'FY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR ThE COST OF THE ABATEME/~T OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. 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 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty {30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLR~'TY COMMISSIONERS OF COLLIER COU~Y, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESgRIPTION~ ~OST Guy J & Ruth B Iarussl 788 Park Shore Dr ;%pt F-25 Naples, FL 34103 REFERENCE: 71217-048 ~55701760005 All Of Linde Park, except Lots 38, 39, 40, 42, 43 end 44, a Su~x/lvision of L~t 51 of I~A~LES GROVE ~ TRUCK CO'S LITTLE FAP~4S NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. $ 340.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction Is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 57 58 59 APPROVED AS TO FORM 60 ~ND. LEGAL SUfFi C~I ~CY: oVID WEIGEL LVNTY ATTORNEY 65 ~ CSce 11 - 1/98 BOARD OF COU~ COMMISSIONERS COLLIER COU~Y, FLORIDA BY: BARBA.RA B. BERRY, CHAIP34A-N SEP 0 8 1998 EXECUTIVE SUMMARY ACCEPT PROPOSALS FROM TAMPA BAY ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES FOR THE RELOCATION OF COUNTY WATER AND WASTEWATER FACILITIES REQUIRED BY IMPROVEMENTS TO STATE ROAD 45 (U.S. 41) FROM SOUTH OF MYRTLE ROAD TO IMMOKALEE ROAD, STATE PROJECT NO. 03010-6568, AND FROM IMMOKALEE ROAD TO COUNTY ROAD 887 (OLD US 41), STATE PROJECT NO. 03010-6570, COUNTY PROJECT NOS. 70047, 70048 AND 73048. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier CounW Water-Sewer District, accept proposals from Tampa Bay Engineering, Inc. to provide engineering services and authorize staffto prepare a Professional Services Agreement for those engineering services. That the Board authorize the Chairman to execute the Agreement following approval by the County Attorney. .CONSIDERATION: Tampa Bay Engineering, Inc. CI'BE) is currently providing engineering services for improvements to US 41 for the Florida Department of Transportation (FDOT) under State Contract No. C-4842. TBE was selected to provide these services by FDOT through competitive negotiations in compliance with the Consultants Competitive Negotiations Act. The proposed improvements to US 41 will necessitate the relocation of Collier County Water- Sewer District facilities. It is proposed to enter into a Joint Project Agreement with FDOT to have the relocations constructed as part of the road construction project. The proposals from TBE are for engineering services to design the utility relocations and incorporate them into the road project. TBE will also coordinate the utility relocations with their own road design by adjusting road and stormwater system designs, where possible, to reduce the number of utility relocations required. ('~,. SCAL IMPACT: Total fees for these projects are $156,840.47. Funding will be split evenly between the Water and Wastewater Departments because both water and wastewater facilities ex]st from the beginning to the end of the projects, requiring equal amounts of engineering effort. Funds for the project in the Fund 412; Cost Center 273511; Project No. 70047; amount of $60,420.24 are available from: County Water Capital Projects Combined Water Capital Projects Relocate 20'712" Water Main on US 41 fi.om Immokalee Road to Old 41. Funds for the project in the amount of$18,000.00 are available from: Fund 412; County Water Capital Projects Cost Center 273511; Combined Water Capital Projects Project No. 70048; Relocate 12" Main on US 41 from Myrtle Road to Immokalee Road. SEP 0 8 1998 P~.: I.. ~ , Executive Summary Accept Proposal Page 2 Funds for the project in the amount of $78,420.23 are available from: Fund 414; County Sewer Capital Projects Cost Center 263611; Combined Sewer Capital Projects Project No. 73048; Relocation of Reclaimed Water Main and Force Main on US 41 North. GROWTH MANAGEMENT IMPACT: None. _RECOMblENDAT!ONS: Staffrecommends that the Board of CoUnty Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the proposals from Tampa Bay Engineering, Inc. and authorize staff to prepare a Professional SeN'ices Agreement with Tampa Bay Engineering, Inc. in the amount of$156,840.47 for Engineering Ser¥ices related to the relocation of County water and wastewater facilities required by improvements to US 41 from Myrtle Road to Immokalee Road and from Immokalee Road to County Road 887. Staffalso recommends that the Board authorize the Chairman to execute the Agreement following its approval by the County Attorney. Ronald F. Dillard, P.E., Project Manager Office of Capital Projects Management REVIEWED BY: Steve Carnell, Director Purchasing Department REVIEWED BY: P,4ul E. Mattausch, Water Director DATE: k. ~i,;. ~"$ Timothy L. Cte,n4ons, Wastewater Director Richard J. Hellriegel, P.E., Interim ~irector Office of Capital Projects Management REVIEWED B'i"~ Ed Ilschner, Administrator Public Works Division RFD:rfd Attachments: Two Proposals SEP 0 8 lgg8 PLANNERS 'C~o1,¥ By De~,gn' August I1, 1998 Mr. Ronald F. Dillard, P.E. Collier County Government 3301 E. Tamiami Trail, OCPM Bldg. Courthouse Complex Naples, FL 33962 Proposal for FDOT/JPA Water & Wastewater Design Services SPN: 03010-6568 FPN:I95378-1-52-01 W'PI No.: 1114150 SR45 (US41)~outh of Myrtle Road to Immokalee Road Dear ?'.ir. Dillard: Tampa Bay Engineering, Inc. (TBE) is pleased to provide a proposal on the above referenced project. Per your request, please find below a detailed Scope of Services with regards to the above referenced Joint Project A~eement (WA): Co TBE shall prepare water and wastewater utility relocation plans to meet Florida Department of Transportation (I'DOT) JPA Utility Installation Highway Contract (UIHC) criteria. Plans must meet FDOT present Plans Preparation Manual (PPM) criteria, 1998 FDOT Standard Specifications and the current edition of the FDOT Utility Accommodation Manual. TBE will desi~ the project to meet all Collier County Engineering and Construction practices and guidelines while meeting FDOT J'PA design criteria. TBE shall submit and obtain all necessary permits required for the construction of the proposed water and wastewater facilities, i.e., FDOT Right-of-Way Use Permit. TBE shall develop a JPA Relcoation Schedule that meets FDOT approval for sequencing the highway construction preliminary contract duration. This schedule will be developed with consideration of the highway construction Maintenance of Traffic (MOT) plan for accuracy and constructability. Coordination of the JPA Agreement documents will be conducted by TBE between FDOT and Collier County. TBE will assemble and submit to FDOT approval the official Utility Estimate (Approved by the County). Also develop the Construction Estimate for FDOT loading to the FDOT CES, then submit FDOT CES Greenbar (Signed/Sealed). TBE will coordinate any necessary SEP 0 8 1998 1~167U5 19Norfh..Sui~e$50 Clearw=fer, Flonda3376~ 727'$31.3505 Fax727.$ *t~z9~ CONSULTANT: arrangements with FDOT Central Office Estimates. G. TBE shall prepare and coordinate the necessary revisions to meet approval in submitting the Technical Special Provisions for the FDOT Utility IPA Letting Package. H. TBE will submit final water and wastewater design to roadway designer for incorporation into the Utility Adjustment Sheets. I. TBE will analyze other utility relocation design to insure coordination with other right-of- way users. J. TBE will attend all necessary project status meetins, and conduct required field meetings. K. TBE will provide copies of all correspondence along with a record set of the JPA Package. TBE will provide all of these above referenced services for Seventy Seven Thousand Six Hundred Seventy Four and Thirteen Cents ($77,674.13). Client and Consultant have caused this Agreement to be executed by their duly authorized representative as of the date written below. Signature Nicholas M. Zembillas, Vice Preside, n[ Name (Typed or Printed) Name (Typed or Printed) Date L. M. Date TBE shall assemble for approval to FDOT the Official Engineers Estimate. SEP 0 8 1998 , o z;, ri SEP 0 8 1B~8 J! TAMPA BAY ENGINEERING, INC. MISCELLANEOUS AND OUT-OF-POCKET EXPENSES State Project No. 03010-1568 W.P.I. No. 1114150 F.A.P. No. A~-301-1{13) Aerial Photography Roadway PJght-.of-Way Maps 0.00 Sheets x $ 0.00 · $ 0.00 ~ Sheets x $ SUBTOTAL AERtAL PHOTOGRAPHY Aeda! (Mylar) 0.00 Sheets x $ 0.00 · $ 0.00 SUBTOTAL AEPJAL (MYLAR) · 0,00 J ~ 11x17 Xerox Plots ~xll Xerox Phase I (30%) Phase II [§0%) Phase tH Phase IV (100%) Brtdga PmErnlnary Bridge F'u~,al Total Sheets Cost Per Sheet 0 0 0 TOT~S ~ ~ ~ Travel from C. Jearwater To Naples: Per Diem SUBTOTAL REPRODUCTION ~ps x 0 people x day,/trip trips x ~ people x -- pet trip POV Rental To Bactow: Per Diem POV Rental To FL M~ers: Per Diem POV Rer~l trips x --'3~'- miles x '--'--~0T'.'.'.'.'.'.~- pet mite ~ps x ~ days/t~tp x ~ I rr~'ies trips x 0 people x ~ps x ~D" people x -- Per trips x ~es x ~ I~' rn~e ~ps x ~ daTs,~flp x'~ I ~ ~ps x 0 people x da)'~b'lp trips x '0' people x -- per fire ~'ips x miles x ~ ~ ~ x $ x $ x $ $ g2.50J per diem · $ 0.00 · $ 0.00' · $ 96:00 rate) · $ 0.00 per diem · $ 0.00 · $ 0.00 · $ 0.00 role) · $ 0.00 per diem · $ 0.00 · S 0.00 · $ 0.00 rate) · $ 0.00 SUBTOTAL TRAVEL $[ 96.001 Shipping& Telephone ( 75.00 pages x $2.50 I page 3~-"~'-u~s x ~ I m~ule 2'5~--~u~s(cefl) x ~ I mi~ule SUBTOTAL SHIPPING, TELEPHONE AND FAXES Miscellaneous F_Jc~nses Film(w/der,eloping) ( 10 dL~kette$ x 1 I d'~kette) · $ F~ots (Vet;urn) (__ v~,ums x- I vellu~ ) · $ P~oL~ (Mylar) ( ray, ars x- I mytar ) · $ $10.00 SUBTOTAL MISCELLA, NEOU$ EXPENSES = CADO (~ houris X I hour ) · $ Co~pq..'tar ( hours x- I hour ) = $ SUBTOTAL CADO & COMPUTER · TOTAL MISCELLANEOUS AND oLrr-oF-POCKET F. XPEN~F.~ · J ;'~:X~-"'~095,-69. OO~MISC 1 §68.WY, 1 $~o.ooj August 1 l, 1998 '98 FtU8 Pt] 2 38 Mr. Ronald F. Dillard, P.E. Collier County Government 3301 E. Tamiami Trail, OCPM Bldg. Courthouse Complex Naples, FL 33962 Proposal for FDOT/JPA Water & Wastewater Design Services SPN: 03010-6570 FPN:195380-1-52-01 WPI No.: 1114152 SR45 (US41)Xlmmokalee Road to CR887 Dear Mr. Dillard: Tampa B ay Engineering, Inc. (TBE) is pleased to provide a proposal on the above referenced project. Per your request, please find below a detailed Scope of Services with regards to the above referenc.ed Joint Project A~eement (JPA): TBE shall prepare water and wastewater utility relocation plans to meet Florida Department of Transportation (FDOT) JPA Utility Installation Highway Contract (UIHC) criteria. Plans must meet FDOT present Plans Preparation Manual (PPM) criteria, 1998 F'DOT Standard Specifications and the current edition of the F'DOT Utility Accommodation Manual. Bo TBE will design the project to meet all Collier County Engineering and Construction practices and guidelines while meeting F'DOT J'PA design criteria. TBE shall submit and obtain all necessary permits required for the construction of the proposed water and wastewater facilities, i.e., l:DOT Right-of-Way Use Permit. TBE shall develop a JPA Relocation Schedule that meets FDOT approval for sequencing the highway construction preliminary contract duration. This schedule will be developed with consideration of the highway construction Maintenance of Traffic (MOT) plan for accuracy and constructability. Eo Coordination of the JPA Agreement documents will be conducted by TBE between F'DOT and Collier County. Suite 550 Cleorwater. Florida 33764 TBE will assemble and submit to FDOT approval thc official Utility Estimate (Approved by the County). Also develop the Construction Estimate for FDOT loading to thc FDOT CES, then submit FDOT CES Greenbar (Signed/Sealed). TBE will coordinate any necessary arrangements with FDOT Central Office Estimates. ~o. ~?/,,'~ l~{~t') SEP 0 8 1998 7z,.53 .3.sos 7 ?.s ,.l.;i!?4 7 Mr. Ron Dillard, P.E. August 11, 1998 Page 2 Ho TBE shall prepare and coordinate the necessary revisions to meet approval in submitting the Technical Special Provisions for the F'DOT Utility JPA Letting Package. TBE will submit final water and wastewater design to roadway designer for incorporation into the Utility Adjustment Sheets. TBE will analyze other utility relocation design to insure coordination with other right-of- way users. TBE will attend all necessary project sUtus meetings, and conduct required field meetings. TBE will provide copies of all correspondence along with a record set of the JPA Package. TBE shall assemble for approval to F'DOT the Official Engineers Estimate. TBE will provide all of these above referenced sen'ices for Seventy Nine Thousand One Hundred Sixty Six Dollars and Thirty Four Cents (S79,166.34). Client and Consultant have caused this Agreement to be executed by their duly authorized representative as of the date written below. CONSULT.Aah'T: Signature Signature Nicholas M. Zembillas, Vice President_ Name (Typed or Printed) Name (Typed or Printed) Date Date SEP 0 8 1998 TAMPA BAY ENGINEERING, INC. MISCELLANEOUS AND OUT.-G~-POCKET EXPENSES State Projec~ No. 03010.-1570 W,P.I. No. 1114152 F,A.P, No. A~-301-1(13) . Aerial Photography Roadway 0.00 Sheets x $ 0.00 · $ 0.00 Right-of-Way Maps ~ Shee~ x $ ~ · $ 0.00' SUBTOTAL AERIAL PHOTOGRAPHY 0.00 J Aerial (M)4ar) 0.00 SheeL~ x $ 0.00 · $ 0.00 SUBTOTAL AERIAL (MYLAR) Reproduction 11x17 Xerox Plots 8x'11 Xerox Phase I (30%) Phase II (60%) ~iF ~' ~' Bddge FL~al ~' '0' '0' Total Sheets 0 0 0 Cost Per Sheet TOTALS SUBTOTAL REPRODUCTION s3g.ooI Travel from C~earwater To Naples: Per Diem POV Rental ~ps x __0 people x__ days/trip trips x iF people x pet trip trips x --'7'00- miles x ~ per rtuqe ~ps x C~O" daysJtdp x ~ I miles To Barrow: Per Diem POV Rental b'~os x 0 people xI days.~p trtps x ~iF people x per trip trips x miles x ~ per mile trips x ('--iF days./tHp x ~ I mOe,~ To Ft. Mye.'~: Per Diem POV Rental 0 Lrips x ____0 people x__ dayVtrip --iF t~ps x ~' people x I>m' trip --~- tr~ x miles x ~ per rnlie --iF ~ps x C--IF day-..~p x ~ I maes x $ x $ x $ pero'iem · $ 0.00 · $ 0,00 · $ 224.00 rate) · $ 0.00 perd',em · $ · $ o.00 · $ 0.00 rate) · $ '0.00 per diem · S 0,00 · S · $ O.DO rate) · $ o,oo SUBTOTAL TRAVEL $[ 224.00t Shipping & Telephone ( 150.00 pages x S2.50 I page x ~ I minute x ~ I minute SUBTOTAL SHIPPING. TELEPHONE AND FAXES Misce~neous Expenses Fllm(w/developlng) (__diskettes x__ I diskette) · $ PIots('v'el~um) (__ vellums x__ I vellum ) · $ Plots(Mylar) ( myiars x__ I nyar ) · S SUBTOTAL MISCELLANEOUS EXPENSES · CADD Computer hours x__ I hour ) = $ hour~ x__ I hour ) · S SUBTOTAL C, ADO& COMPUTER · TOTAL MISCELLANEOUS AND OUT-OF4~OCKET EXPENSES · J:~DOC'~5-69.0(N~I SC 15~8.W'K1 1075.00 } ~;4.s~. - z ' SEP 0 8 Igg8 EXECUTIVE SUMMARY. APPROVE A JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT WITH LEE COUNTY TO FORMALIZE MAINTENANCE RESPONSIBILITIES FOR BONITA BEACH ROAD, WOODS EDGE PARKWAY, AND VANDERBILT DRIVE. OBJECTIVE: Board approval and execution of a Joint Supplemental Interlocal Agreement with Lee County to establish perpetual maintenance jurisdiction for portions of Bonita Beach Road, Woods Edge Parkway, and Vanderbilt Drive. CONSIDERATION: During the past ten years, the Board of Commissioners of Lee and Collier Counties have rendered various decisions to support and continue the joint planning, design, construction and maintenance of roadway improvement projects near the Lee/Collier line. Such actions by each Board were initially authorized under, and have since been guided by, the terms and intent of a Master Interlocal Agreement executed on September 6, 1989. For each distinct roadway commitment, the Lee/Collier Boards have entered into amendments (or Joint Supplemental Interlocal Agreements) to the Master Interlocal Agreement. Several recent Joint Supplemental Interlocal Agreements between the Counties include design and construction cost sharing for Bonita Beach Road west of Vanderbilt Drive, and Livingston Road north and south of the Lee/Collier line. Recent discussions with Lee County staff have focused on the need to formalize maintenance and operational jurisdiction for three roadways west of U.S. 41 and north of Wiggins Pass Road. Each of the three selected roadways partially or fully straddle the Lee/Collier line. The first roadway is Bonita Beach l~oad west of Vanderbilt Drive which has been recently constructed to a four lane divided facility. The second roadway, Vanderbilt Drive south of Bonita Beach l~oad, is presently under design by Collier County for four lane improvements, and the third roadway is an existing east-west arterial known as Woods Edge Parkway between Vanderbilt Drive and U.S. 41 which was constructed by land developers and is currently a non-public roadway. Vanderbilt Drive intersects with both Bonita Beach Road and Woods Edge Parkway, thereby resulting in physical continuity for effective coordination of maintenance and operational activities by the Counties. With the exception of the most easterly portion of Woods Edge Parkway (less than 0.5 mile) which lies entirely within Lee County, the three roadways equally straddle the Lee/Collier line. SEP 0 9518 Executive Summary Joint Supplemental Page 2 The attached Joint Interlocal Supplemental Agreement contains the necessary contractual provisions for bilateral maintenance responsibilities, and has been approved by the Collier County Attorney's office for legal sufficiency and by the Transportation Department for administrative acceptability. L~¢ County shall be oblieated to: 1. Maintain and operate Bonita Beach Road west of Vanderbilt Drive, approximately 1.6 miles of which lies within Collier County. This obligation includes several major bridge structures and traffic signal systems, including the Bonita Beach Road/Vanderbilt Drive inter~ection. Collier County shall be qblieated to: 1. Maintain and operate Vanderbilt Drive between junctions Bonita Road and Woods Edge Parkway, approximately 1.0 miles in length. Beach Maintain and operate Woods Edge Parkway between Vanderbilt Drive and U.S. 41, approximately 1.0 miles in length. Collier County's maintenance responsibility shall not commence until such time that Woods Edge Parkway wholly meets the requirements of the Land Development Code and is formally accepted as a public roadway. A minimum one year maintenance bond in the amount of 10% of the estimated construction cost will also need to be posted by the current roadway owner. Le~ ~n,d Collier shall be oblieated to: 1. Share equally (50%/50%) in the permitting and design costs for Vanderbilt Drive four laning improvements between Woods Edge Parkway and Bonita Beach Road. 2. Share equally (50%/50%) in the future roadway construction costs for the subject one mile segment of Vanderbilt Drive. 3. Enter into a future Joint Supplemental Interiocal Agreement for Vanderbilt Drive design and construction cost sharing commitments. .FI,'$¢AL IMPACT: There are Iongterm maintenance and operational costs associated with the recommended Joint Interlocal Supplemental Agreement. Collier County will need to appropriate and budget recurring funds for future maintenance and operational costs for Vanderbilt Drive and Woods Edge Parkway. It is uncertain when Woods Edge Parkway will be officially dedicated to Collier County as a public roadway. The construction of four SEP 0 8 199 Exe':utive Summary Joint Supplemental Page 3 laning improvements to Vanderbilt Drive is not presently programmed to occur within the next five years. Hence, future maintenance and operating budgets for both roadways will need to be established when deemed necessary by staff. An approximate total fiscal impact, however, is provided below for both roadways (as present worth). *Annual estimated personnel costs: *Annual estimated operating costs: *Annual estimated capital costs: Total approximate annual cost $6,300 $6,300 $12.600 $25,200 ..GROWTH MANAGEMENT IMPACT: The Joint Supplemental Interlocal Agreement is consistent with the Transportation Sub-Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Joint Supplemental Interlocal Agreement with Lee County for roadway maintenance obligations, and direct its Chairman to execute same in triplicate originals. PREPARED BY' REVIEWED BY: ~70~.-~-- .~ ...... ¥ DATE: ~~~i?meD~:ectOr REVIEWED BY: Edward~J. ~'~i't~., Director " REVIEWED B~~ DATE: ~ -~- ~ Ed Ilsehner, Administrator Public Works Division DATE: ~) If;del? iorf ~.a p~ tY;~~MM2,a gPer omi;nC: M a n a g e ~/~ I I / - ' JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING ROAD MAINTENANCE OF BONITA BEACH ROAD, VANDERBILT DRIVE AND WOODS EDGE PARKWAY This Joint Supplemental Intedocal Agreement (Agreement), made and entered into this day of ,1998, by and between Collier County, a political subdivision of the State of Flodda, through the Board of County Commissioners, Collier County, Florida, the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water-Sewer District, hereinafter referred to as 'Collier", and Lee County, a political subdivision of the State of Flodda, Board of County Commissioners, Lee County, Flodda, the governing body of Lee County, hereinafter referred to as "Lee". W_LT_bLE,S. T.U: WHEREAS, Collier County and Lee County, by and through their respective Boards of County Commissioners, entered into that certain Master Intedocal Agreement between Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design, construction and maintenance of road improvements within a specified boundary area of Collier County and Lee County; and WHEREAS, on June 19, 1990, and Apd124, 1996, Collier County and Lee County, by and through their respective Boards of County Commissioners, authorized and entered into supplemental agreements to the said Master Intedocal Agreement for the preliminary design, final design, environmental permitting, right-of-way acquisition stages and construction relating to the four-laning improvements to Bonita Beach Road; and WHEREAS, Collier and Lee Counti&s have generally recognized the public need to proceed with maintaining the road segments that are within the transportation boundary SEP 0 8 1998 ,J- speckled in the Master Intedocal Agreement; and WHEREAS, both Boards of County Commissioners expressed support for a road maintenance agreement for facilities along the county line. NOW, THEREFORE, in consideration of the above premises and othergood and valuable consideration, the receipt of which is hereby acknowledged, and in fudher consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. Lee County agrees to maintain Bonita Beach Road four lane section, including the Vanderbilt Drive intersection, from Hickory Boulevard to Vanderbilt Ddve. 2. Collier County agrees to maintain Vanderbilt Ddve from Woods Edge Parkway to Bonita Beach Road. Collier County also agrees to maintain Woods Edge Parkway from Vanderbilt Drive to U.S. 41. Collier County's maintenance obligation shall not commence until Woods Edge Parkway is dedicated to Collier County and Lee County and accepted by Collier Collier County's acceptance of the roadway County and Lee County as a public roadway. shall be contingent upon the following items: a) b) Collier County shall inspect Woods Edge Parkway for conformance with the Collier County Land Development Code. If the existing condition of the road deviates or vades from the Collier County Land Development Code, then the Collier County Board of County Commissioners must approve the deviation or variance; An independent professional engineer shall review and certify to Collier County and Lee County that the construction of Woods Edge Parkway meets or exceeds the minimum design standards; and, 2 SEP 0 8 1~8 c) The owner of the Woods Edge Parkway who dedicates the roadway to Collier County and Lee County shall post a minimum one (1) year maintenance bond in the amount of ten (10%) percent of the estimated construction cost of the roadway. 3. Each jurisdiction agrees to allow the appropriate entity to maintain the road segments addressed above. 4. Lee County and Collier County staff will provide the maintenance level, applicable to the maintenance standards currently used in the respective counties, The maintenance activities are generally described as follows: street sweeping; shoulder, curb and gutter maintenance as required; pavement repairs; traffic sign, pavement marking and traffic signal operation and maintenance; bddge repair and maintenance; median landscaping; median and roadside mowing; cleaning of drainage pipes, catch basins and drop inlets as required; sidewalk maintenance and repair;, repair, replacement, reconstruction and similar activities resulting from damage caused by accidents or natural disasters; and all other aspects of transportation facility maintenance. 5. The parties hereto recognize and agree that each county shall continue to retain the ability to control access unto the rights-of-way within their own respective jurisdiction. Each County will apply its own rules and procedures relating to access of right-of- ways upon its own road segments and land development reviews and approvals. 6. The parties hereto recognize and agree that either county has the ability to affect the progress of the road maintenance activities by the commitment of road maintenance activities funds. Should either Lee County or Collier County be unable to budget required maintenance funds during any fiscal year, the other county retains the right to proceed with appropriate maintenance activities on the condition that necessary funding is reestablished the ensuing fiscal year. This Joint Supplemental Intedocal Agreement is solely for the maintenance of the three road segments stated heretofore. Collier County shall own, control, maintain and be responsible for all Collier utility facilities. Collier County agrees that it will maintain and keep in repair or cause to be maintained and kept in repair, all of such constructed utilities within the right-of-way of Bonita Beach Road, and comply with all provisions of applicable law. Lee County shall not disturb or damage the Collier County utility facilities. 7. Lee County agrees to promptly notify Collier County in writing of any maintenance problems, questions, issues, emergencies, traffic accidents or other events conceming the maintenance and operation of Bonita Beach Road. Collier County shall notify Lee County of the same or similar items dudng the maintenance of Vanderbilt Drive and Woods Edge Parkway. 8. Within sixty (60) days of the execution of this Agreement, Lee County at its cost, shall distribute to the local newspapers and media a press release containing information advising the public that Lee County is the maintaining agency of Bonita Beach Road. Lee County further agrees to notify in writing the public emergency offices of Lee County's maintenance responsibility. 9. The parties shall retain their respective responsibilities for review of right--of-way permits for the highway corridor and shall process such permits in a cooperative and expeditious manner. 10. Lee County and Collier County agree to equally (50%~50%) share in the permitting, design and construction costs for the four laning improvements of Vanderbilt Drive SEP 0 8 19 u8 ! within Lee County. The parties agree to enter into a separate intedocal agreement which sha',l set forth the obligations concerning the four laning of Vanderbilt Drive. 11. The maintenance responsibilities of Lee County as set forth herein shall not impact and/or degrade the mission or maintenance of abutting local streets which are maintained by Collier County. 12. To the extent permitted by law and as limited by Section 765.28, Flodda Statutes, Lee County shall indemnify and save Collier County harmless from any and all claims, liabilities, losses and causes of action adsing out of any act, error, omission or negligence of Lee County, its contractor or its agents or representatives adsing from or incident to the Lee County duties and responsibilities under this Agreement. Provided, however, Lee County shall not be responsible for any and all claims, liabilities, losses and causes of action adsing out of any act, error, omission or negligence of Collier County, its contractor or its agents or representatives. To the extent permitted by law and as limited by Section 768.28, Flodda Statutes, Collier County shall indemnify and save Lee County harmless from any and all claims, liabilities, losses and causes of action adsing out of any act, error, omission or negligence of Collier County, its contractor or its agents or representatives arising from or incident to the Collier County duties and responsibilities under this Agreement. Provided, however, Collier County shall not be responsible for any and all claims, liabilities, losses and causes of action adsing out of any act, error, omission or negligence of Lee County, its contractor or its agents or representatives. 13. This Agreement constitutes the entire understanding between the parties, and any previous Agreements, whether written or oral, shall be superseded by this Agreement. I~O ..~.~ 14. This Agreement may be amended only upon the concurrence of both parties and executed with the same formalities as this odginal Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, the day and year first above written. ATTEST: COLLIER COUNTY CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO AS THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Deputy Clerk By: Chairman APPROVED AS TO FORM Collier Co~nty'Attomey'$ Office ATTEST: CHARLIE GREEN, CLERK By: Deputy Clerk BOARD Of COUNTY COMMISSIONERS Of LEE COUNTY, FLORIDA By:, Chairman APPROVED AS TO FORM By: Lee County Attorney's Office 6 SEP 0 8 EXECUTIVE SUMMARY APPROVAL OF TASK ORDER #WD-PSI-98-1 FOR THE REPLACEMENT OF UNDERGROUND FUEL STORAGE TANKS OBJECTIVE: To obtain approval for Task Order #WD-PSI-98-1 for the replacement of two underground fuel storage tanks per the requirements of the Department of Environmental Protection(DEP) and the Environmental Protection Agency(EPA). CONSIDERATION: In that the funding for this project has been given prior budgetary approval, and the vendor Professional Service Industries. Inc. is an approved vendor on the County's Hydrological Consultant and Cleanup Sen'ices contract (#95-2380). it is our intent to award PSI this contract per the specifications of the Task Order. Consultant contract, and proposal documents. FISCAL IMPACT: The fiscal impact for this task order is in the approval ora Purchase Order in the amount of $122.151.14 for sen'ices to be rendered during removal and installation of the storage tanks. Funds for these sen'ices are available in Water Capital Fund - Water Capital Projects - Underground Fuel Storage Tanks Project (412-273511- 70026). GROWTH MANAGEMENT IMPACT: None RECOM.,MENDATION: That the Board of County Commissioners approve Task Order #\VD-PSI-98-1 to Professional Service Industries. Inc. in the amount of $122.151.14. Bobb Reeder- Facilities SuperintendentAVater / Paul Mattausch - Director/Water' RE\.'IEWEDBY: ..~.~ ~. '~,.,q" Date: Steve Carnell - Director/Purchasing AP?ROVED B~ Date: Ed Ilscl'mer- Administrator/Pubic W~rks SEF 0 8 1998 I TASK ORDER # WD-PSI-9$-i Asrcement for Fixed Term Hydrologitml Consultant and Cleanup Servic.-.~ Dated May 7, 1996 (Coutra¢! This Task Order is for hydrolo{ieal ¢~nsuhant and cl¢{nup services for woo& ku.~wn a{ Collitr County W~tcr De~irtmen: ~grrently him ~o tanks ~hnt mast be replmcm~ ~nd~r ~k.s Thc work is SpeCified in the proposal ditcd 8/'//98. w).{.ol,, is a~tach,d he:eeo and made , p~rt o~ this Task Order. In accord~ncc with thc Term: and Conditions of ~b~ Agrccm:nc rcF:r~ncc~ above, Task Or,er ~WD.PSI*9{.~ is mssi~n,d ~o ~rofessio~al $ervlce [n~cst~ies, lac. Task i . AST Installation Task 3 · UST Closure As~css~nl and R~ov{l Task S . ~SSSC UST/AST Activities Schcclul: of '~,'9t}(: Comple:e wor~: wi:hin 90 days from rc:~ipt or :kc Nc~icu ~u Proceed author'~z{r.{ ~tar: of work. Comoensmtion;_ Reimbursement will bc re,dc by thc u{rce:l sch¢¢u:: of tasks and the al~propr,ata amounts per e~ch task. Assessment o~ th: completion of each :~sk ~ill b~ m~de by ~he Coun:y's ~:~iSaat:~ representative. , Task 1 S Task 2 $ Task 3 $ 2.//47.47 Task 4 S Task 5 S 107.360.~Q TOTAL F~ ~ 122.151.14 Any change within monc:ary authorily of this Tank Order made subseq~eut to final dcFar:mcn! approval ',vail be considered tn add,lional servi¢e anti char~ed Iccotdlngly. ~.--........~- Name ~nd Titl~ Dstc ACCE~TI-D BY: ^CCEPTED BY: Date SEP 0 8 1998 Geotechnical gt~'~ Construction Consulting · Engineering · Testing August 7, 1998 Collier County Government Collier County Utilities Division 3301 East Tamiami Trail, Building H Naples, Florida 34112 Attention: Mr. Robert Reeder Facilities Superintendent Re: Proposal for Petroleum Tank Management Services South Naples Water Treatment Plant and Manatee Road Repump Station Naples. Florida PSI Proposal No. 552-8118 (Revised) Dear Mr. Reeder: Professional Service Industries, Inc. (PSI) is pleased to present this proposal for petroleum tank management services, specifically underground storage tank (UST) removal and aboveground storage tank (AST) installation at the South Naples Water Treatment Plant and the Manatee Road Repump Station. In order to meet regulations and standards promulgated by the EPA and the Florida Department of Environmental Protection (FDEP), the current USTs will need to be addressed. PROJECT BACKGROUND According to information provided to PSI by the Collier County Utilities Division (CCUD), two USTs (one UST at each site) are currently used for the storage of diesel fuel for the emergency generators. The UST at the South Naples Water Treatment Plant is a 10,000-gallon, steel, single-walled tank and the UST at the Manatee Road Repump Station is a 550-gallon, fiberglass, single-walled tank. According to our understanding, CCUD has elected to replace the current USTs with AST systems configured with underground piping. PSI, therefore, proposes to assist CCUD by developing the specifications for the removal of the USTs and the installation of the ASTs. The USTs will be removed and disposed of, and the ASTs will be installed in accordance with EPA and FDEP regulations. To insure uninterrupted emergency generator service, a 1,000-gallon temporary fuel tank and piping will be provided. The CCUD will be responsible for filling and emptying the temporary fuel tank. -- Profess,onal Serv,ce In.sines. Inc.. 5801 Benjamin Center Dna. Sure 112. Tamp;.'FL Collier County Utilities Division PSI Proposal No. 552-8116(Revised) August7,1998 Page 2 PROJECT OBJECTIVE The purpose of the proposed work is to: Obtain construction, operational and cost details on several AST systems, and select the system that cost effectively meets the parameters of the project. · Prepare plans and specifications for the removal of the existing two USTs. · Prepare plans and specifications for the installation of two AST systems. · Prepare a bid package to solicit licensed Pollutant Storage Systems Specialty Contractors (PSSSC) to perform the UST removals and AST installations. · Provide an evaluation of PSSSC contractor bids and make a recommendation to CCUD. Provide for oversight during the UST removal and AST installation activities, and prepare a Storage Tank System Closure Assessment Report according to FDEP regulations. SCOPE OF SERVICES Based upon our understanding of CCUD objectives, PSI will perform the following tasks. Task 1 - Project Preparation And Project Management PSI will develop a Site and Safety Health Plan, bid specifications, project design specifications, and construction drawings for the AST installation. The Site and Safety Health Plan will address the specific site conditions and hazards. The bid specifications wi!l detail the scope of work required by a specialty contractor, and will be provided to three licensed Pollutant Storage Systems Special Contractors (PSSSC) for cost and qualification comparison. PSI will review the qualifications, cost, insurance, and availability of the PSSSC candidates and provide a recommendation to the CCUD. The construction drawings for the AST installation and project specifications will be signed and sealed by a Florida Reg,stered Professional Engineer as required by the permitting agencies. PSI will also arrange for the selected PSSSC to accompany PSI on a pre-construction site visit. SEP 0 8 1998 Collier County Utilities D~vision PSI Proposal No. 552-8116(Revised) August 7, 1998 Page 3 Task 2 - AST Installation Activities The selected licensed PSSSC will install one 10,000-gallon and one 1,000-gallon, double- walled AST system in accordance with Chapter 62-762, FAC, "Storage Tank Systems". The AST systems will be positioned on concrete pads in the approximate location of the respectively removed USTs. For billing purposes, the AST installation activities performed by the PSSSC will be referred to as Task 5. PSI will supervise the AST installation activities and provide as-built drawings of the final AST system designs. A general description of the installation activities that will be performed by the PSSSC is presented as Attachment A. Task 3 - UST Closure Assessment And UST Removal Activities PSI and the selected licensed PSSSC will perform the UST closure assessment, the UST removal, and the UST disposal in accordance with 40 CFR Pad 280.72 (a) and (b), and Chapter 62-761 FAC, "Storage Tank Systems". For billing purposes, the UST removal activities performed by the PSSSC will be referred to as Task 5. The licensed PSSSC will perform the following: · Remove and properly dispose of the USTs, their associated integral piping, and tank sludge. Manifests and receipts will be provided. A more detailed description of the removal activities that will be performed by the PSSSC is presented as Attachment A. PSI will perform the following: · Supervise the removal activities for the two UST systems. Collect soil samples for soil headspace vapor analysis. The soil samples will be screened in the field for the presence of volatile organic vapors using a Heath Poda-FID II brand organic vapor analyzer (OVA) equipped with a flame ionization detector (FID). The OVA has a manufacturer's reported detection limit of 1 part per million (ppm). The OVA will be calibrated prior to use using a 107 ppm methane standard. The screening procedure will be accomplished in general accordance with the methodology described in Chapter 62-770, Florida Administrative Code (FAC), Petroleum Contamination Site Cleanup Criteria. In the event a reading of 10 ppm or ~ greater is observed in any of the soil samples, the soil sample(s) will be SEP 0 8 1998 Collier County Utilities Division PSi Proposal No. 552-8116(Revised) August 7, 1998 Page 4 retained for laboratory analysis. PSI will contact Collier Cou.nty for authorization to have the soil samples analyzed for "pre-burn" parameters using EPA Methods 8021, FL-PRO, and RCRA metals by various methods. Collect groundwater samples from the UST excavations in accordance with Chapter 62-761 FAC. The groundwater samples will be analyzed using EPA Methods 8021 and 8310. · Prepare and submit all required plans, reports, and forms related to the assessment. In the event contamination is discovered during the removal activities, the CCUD will be contacted. PSi will provide the CCUD with recommendations and a cost estimate to remediate the contaminated area. For budgetary purposes only, an average unit rate for contaminated soil removal and disposal is sixty-five dollars per ton. Task 4 - Project Closure A representative of PSI will accompany the Collier County project manager during a site closure inspection to ensure the job is complete in accordance with the plans and specifications. After the project has been completed and all manifests and receipts have been submitted, PSI will issue a Storage Tank System Closure Repod and a letter detailing the AST installation. Three copies of the Storage Tank System Closure Report and of the letter will be provided to Collier County, and one copy of the Storage Tank System Closure Report will be forwarded to the Florida Department of Environmental Protection. In addition, PSI will provide Collier County with a diskette containing the final as-built drawings. Task 5 - PSSSC UST/AST Activities As mentioned above, the UST/AST activities performed by the PSSSC will be billed as Task 5. EXCLUSIONS AND LIMITATIONS Unforeseen underground conditions. Unforeseen replacement of aboveground appurtenances and/or equipment not requested in the scope of services provided to PSI. SEP O $1998 Collier County Utilities Division PSI Proposal No. 552-8116(Revised) August 7, 1998 Page 5 · In the event all phases of each task are not performed in one mobilization, additional equipment is needed, or the duration equipment is needed is extended, additional mobilization and equipment charges will be added to the final invoice. · Transportation, treatment, and/or disposal of contaminated liquids, solids, sludge, and soils. · Weather delays. COST ESTIMATE PSI proposes to provide the above-described services on a unit rate price basis in accordance with the terms and conditions specified in the Collier County Annual Environmental Contract and the Collier County Task Cost Estimate, which are incorporated into and made part of this proposal. It should be noted that the scope of work does not include contamination assessment (other than the required Storage Tank System Closure Assessment) or remediation in lhe event that petroleum contaminated groundwater or soil is encountered during the UST removal activities. Should any additional work be required beyond the scope of services included in this proposal, Collier County will be contacted for authorization prior to initiating the additional work. PSrs estimated cost for the above described services is $122,151.13 and is outlined in Attachment B, Collier County Task Cost Estimate. These figures are contingent on: the number of soil and groundwater samples submitted for laboratory testing; contractor services; fuel transfer and disposal; backfilling and grading; AST installation and UST disposal; and unseen site conditions. The estimated cost does not include any of the following: excavation of rock; dewatering; shoring; excavation, disposal, or treatment of contaminated soil; or line replacement other than already specified. OCollier County Utilities Division PSi Proposal No. 552-8116(Revised) August 7, 1998 Page 6 PSi appreciates the opportunity to be of service to Collier County on this important project. If you have any questions or comments, please do not hesitate to contact us at 813-886-1075. We look forward to working with you and servicing your environmental needs. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. .,"' ~.~.,~_~ ~., N~[ncy ',','S.;Castricone, El p r'o'j~r~-E'ng i n e e r David A. Stedje, PG Project Hydrogeologist i ,/ Enclosure: NSC/DAS/msp proposals'8116 doc Attachment A - PSSSC General Scope of Services Attachment B - Cost Estimate ATTACHMENT A PSSSC GENERAL SCOPE OF SERVICES (Project Specifications Pending) SITE 1 - SOUTH NAPLES WATER TREATMENT PLANT UST Removal 1. Sawcut and remove approximately 40' by 5' of the edge of the asphalt driveway for the tank removal. The 40' by 5' area will be replaced with asphalt, any additional asphalt that has to be replaced due to cave-in will be replaced at $3.00 per square foot. 2. Provide labor, equipment, and materials to remove a 10,000-gallon single-walled steel tank, associated piping and concrete anchors. (An additional $700 will be charged if the tank is not single-walled steel). Manifests will be provided. 3. Provide a 1,000-gallon temporary tank and piping. County will be responsible for providing fuel. In the event a 2,000-gallon tanker truck is needed, one will be provided for $700 per day. Provide sheet piling at an additional cost of $345.00 per linear foot if sheet piling is required. The sheet piling will be required if the excavation affects any existing structures. Excavate soil from over and around the tank and stockpile, Provide a rinse and vac cleaning of the tank. The vac truck will be charged at S140.00 per hour. S0.70 per gallon for non-hazardous fluids, and $345.00 per drum for sludge material. Cost estimate includes 8 hours for the vac truck, 1,500 gallons of fluids, and 3 drums of sludge. Backfill the tank excavation with gravel to the water table. Complete the excavation with the previously excavated soil. Spread the remaining soil on site or dispose at an additional S35.00 per ton. Provide compaction of the soil to meet 95% modified proctor standards. Excavation of rock is not included in this bid. AST Installation 1. Install one approximate 30'x 10'x 8", #.4-rebar-reinforced, 3,000 psi concrete pad. 2. Supply and install one epoxy-coated, UL rated 2085 Duotank" 10,000-gallon double-wall steel AST with overfill tube, overspill protection, fuel level clock-style gauge with audible alarm, interstitial leak detector sensor, remote fill with spill-free coupling, emergency vent, atmospheric vent, emergency shut-off valves (solenoids), swing joints, brass foot valve, and anchors. Placards, labels, signs and a fire extinguisher will also be provided and installed. 3. Set AST in place with anchors, and install 4"-diameter painted, concrete-filled steel bollards every three linear feet. 4. Provide and install two sets of 1"-diameter black iron steel aboveground piping (both supply and return lines) from the new AST to the new underground piping. SEP O 8 5. Provide and install two separate sets (one set going to each generator) of Total Containmen¢ primary and secondary piping for the 3~4" product lines and 1" return lines. Provide and install one fiberglass sump with a 42"-diameter manhole at the entry into the ground. Any codng through walls or floors is included, as well as all fittings. 6. Raise the existing day tank to an appropriate elevation. 7. Provide a certified pressure test for the tank and lines. 8. Replace any sod that was disturbed. SITE 2 - MANATEE ROAD REPUMP STATION UST Removal 1. Provide labor, equipment, and materials to remove a 550-gallon single-walled fiberglass tank. associated piping and concrete anchors. Manifests will be provided. 2. Provide sheet piling at an additional cost of $345.00 per linear foot if sheet piling is required. The sheet piling will be required if the excavation affects any existing structures. 3. Excavate soil from over and around the tank and stockpile. 4. Provide a rinse and vac cleaning of the tank. The vac truck will be charged at $140.00 per hour, S0.70 per gallon for non-hazardous fluids, and $345.00 per drum for sludge material. Cost estimate includes 4 hours for the vac truck, 50 gallons of fluids, ~ind 1 drum of sludge. 5. Backfill the tank excavation with gravel to the water table. Complete the excavation with the previously excavated soil. Spread the remaining soil on site or dispose at an additional S35.00 per ton. 6. Provide compaction of the soil to meet 95% modified proctor standards. 7. Replace any sod that was disturbed. 8. Excavation of rock is not included in this bid. AST Installation 1. Supply and install one 1,000-gal!on daytank (UL rated 2085 or equivalent) with concrete basin, fuel level clock-style gauge with audible alarm, remote fill with spill-free coupling, emergency vent, and atmospheric vent. 2. Properly dispose of existing daytank. Any wall coring is included. 3. Provide and install black iron steel pipe for the 3/4" product line and 1" return line. The piping wiJl be painted any color at CCUD request. 4. Provide a certified pressure test for the tank and lines. SEP 0 8 1998 / At:C: 2~'95 11:44 F~ ?5I-T%\IPA 613 85~6514 TO 19413532874 P. 03.03 Collier Count! Utilities Dirts on PSI Prol3osal No. 552-8116(Revised) Aug;~$t 7. 1998 Page 5 · In the event all phases of each task are not performed in one mobilizat[~)n. addit;o.~al equipment is needed, or the duration equipment is needed is extended. additional mobilization and equipment charges will be added to the final invoice. · Transportation, treatment, and/or disposal of contaminated tiauids, solids, sludge, and soils. Weather delays COST ESTIMATE PSI proposes to provide the above-described services on a unit rate price basis in accordance with ~e terms and conditions specif'~ed in the Collier County Annual Environmental Contract and the Collier County Task Cost Estimate, which are incorporated into and made pa,'t of this proposal. It should be noted that the scope of work does not include contamination assessment (other than the required Storage Tank System Closure Assessment) or ramedlatlon in the event that petroleum contaminated groundwatsr or soil is encountered during the UST removal activities. Should any additional work be required beyond the scope of services included in this proposal, Collier County will be conta~ed for authcrization prior to initiating the additional work. PSl's estimated cost for the above described services is $122.151.14 and is outlined }n Atta~ment B. Co~lier Count)' Task Cost Estimate. These figures are contingent on: tl~e number of soil and groundwater samples submitted for laboratory testing; contractor services; [~,el tra,~sfer and disposal; backfilling and grading; AST installation and UST disposal; and unseen site conditions. The estimated cost does not include any of the following: excavation of rock: dewatering; shoring; excavation, disposal, or treatment of contaminated soil; or line replacement other than already specified. EXECUTIVE SUMMARY AUTHORIZE STAFF TO REJECT PROPOSALS RECEIVED FOR RFP #97-2725 COUNTY WATER DEPARTMENT SOFTWARE AND RE-BID AT A LATER DATE. OBJECTIVE: To have the Board reject proposals received for RFP #97-2725 and re- bid at a later date. CONSIDERATIONS: The Water Department solicited proposals for a software system. Five proposals were received by the due date of September 26, 1997. The Selection Committee then short-listed this to three proposals. After review of the three proposals and interviews by the Selection Committee, it is the consensus of the committee that none of the proposals meet the functional needs of the Water Department. The Water Department is now in the process of doing a 900 mhz survey to find out what it would take to connect all the Utility sites together. After this survey, the Water De partment would like to modify the proposal and send the proposal out for re-bid. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: To reject proposals received for RFP 97-2725 County Water Department Software and authorize staff to re-bid. Robed Reeder, Superintendent W/~Department P~ul Mait~t~sch, Water Director DATE: DATE: ~/~'/-'~' Water Department Stephen Y. CaYnell, General Services/Purchasing Director REVIEWED BY' Ed Ilschner, Administrator Public Works Administration DATE: ~.__~~ ~ SEP 0 8 EXECUTIVE SUMMARY AUTHORIZE FUNDING FOR THE UPGRADE OF TIlE MANATEE ROAD POTABLE WATER SYSTEM PUMP STATION OBJECTIVE: To obtain approval and funding for needed upgrades to the high sen'ice pumps used to maintain system pressures in the Eastern sectors of the Collier County water ser~'ice area. CONSIDERATION: Over the course of the last season it has become apparent that the currently installed high service pumps now at the Manatee Station are not able to generate sufficient system pressure in high demand situations. Though no recommendations to this effect have been made in the existing Water Master Plan it has been noted by the consuhing engineers, Camp, Dresser, & McKee Inc., that this was due to unforseen growth and development of several large scale projects along CR951. The scope of this project includes; hydraulic modeling and preliminary design. preparation of plans and specifications, the purchase of three new pumps equipped with variable frequency drives, construction costs, inspection, and various other construction services such as testing, correspondence, and contract completion. FISCAL IMPACT: The fiscal impact of this proposal would be in the initiation of a new capital project entitled "Manatee Station Pump Upgrades." This project will require funding in the amount of $376,000 for completion &the upgrade scenario. Because the need for this improvement is driven by system growth water impact fees will be the recommended funding source. Funds are not presently budgeted but may be made available from Water Impact Fee fund (411) reserves for capital outlay. There is presently $2.472,000 budgeted in this reserve account. The budget amendment will reduce reserves by $376,000 and place the funds into a project account for proper tracking. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve funding for the upgrade of the pumping facilities at the Manatee Road Re-pump Station and the necessaD' budget amendment. Bobb Reeder Facilities Superintendent/Water REVIEWED BY: /.I , Dare: '~'~/~ Paul' M:~ttausch Director/Water APPROVED BY D ate:. ~"/~/~:~:' Administrator/Public Works SEP 0 ~ lu~J EXECUTIVE SUMMARY APPROVE AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY 5-MGD EXPANSION, CONTRACT //96- 2474, PROJECT 73031 OBJECTIVE: That the Board of County Commissioners, az Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Amendment No. Four to the Professional Services Agreement with engineering consultant, Hazen & Sawyer, P.C., for construction engineering services for the North County Regional Waztewater Treatment Facility (NCRWWTF) $-mgd Expansion project as contained in contract #96-2474. CONSIDERATION: On May 14, 1996, item 16 (B) (4), the Board approved a design contract for the NCRWWTF 5-mgd Expansion project via a professional services agreement with Hazen and Sawyer, P.C. Due to budget constraints at the time of award in FY 96, fees were negotiated only for the design report and preliminary design phases of the project. The remainder of the design contract would follow in subsequent fiscal years when funds became available. Subsequently, the Board approved Amendment No. One for final design and bidding services, Amendment No. Two for upgrades to the NWWTF Reclaimed Water Pumping Station, and Amendment No. Three for modifications to the sludge stabilization and solids handling areas. A summary of contract amendments is as follows: Description Original Professional Services Agreement: Amendment No. One: Amendment No. Two: Amendment No. Three: Proposed Amendment No. Four: Total Professional Services Agreement Amount $ 745,000.00 $ 768,895.00 $ 65,750.00 $ 88,495.00 $1,875,255.00 $3,543,395.00 BCC Approval 05/14/96; item 16(B)(4) 09/23/97; item 16(B)(20) 12/16/97; item 16(B)(8) 06/16/98; item 16(B)(7) Amendment No. Four is for typical construction engineering and inspection services plus some specialty services. Typical engineering services during construction include detailed observation, contract administration, engineering technical support during construction, and assistance during startup. Specialty services include administrative assistance with the Florida Department of Environmental Protection State Revolving Fund loan program, one year of post- construction technical operations support services, one year of warranty coordination services, and independent systems integration services. Integration services consist of programming computers in the operations control room to interface with monitoring and control features of the treatment plant. On previous projects, integration work was performed by the general contractor's specialty subcontractor. For this project, staff proposes to have the design professional do this work because of problems experienced on previous projects with the slow responsiveness of past specialty subcontractors. no. __IL Executive Summary Approve Amendment No. Four to Professional Services Agreement with Hazen & Sawyer, P.C. Page 2 This proposed amendment brings the total engineering fees, excluding fees for specialty services, to 13.6 percent of the estimated construction cost. This ratio compares well with a mean of 12 percent as indicated in the "1996 PSMJ (Professional Services Management Journal) Resources, Inc., Design and Building Industry Design Services Fee Survey" for a project of this magnitude and scope. FISCAL IMPACT: Funds are available as follows: Amount: Fund: Cost Center: Project: $1,875,255.00 (413), System Development Sewer Impact Fees (263611), Combined Sewer Capital Project (73031), NCRWWTF 5-mgd Expansion. GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater treatment capacity demands in the North Sewer Service Area and is consistent with the Comprehensive Plan, and also, the 201 Facilities Plan Update (BCC approved July 19, 1997.) RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Amendment No. Four to the Professional Services Agreement with Hazen 8: Sawyer, P.C., in the amount of $1,875,255.00 for construction engineering professional services for the NCRWWTF 5-mgd Expansion, Contract #96-2474. PREPARED BY: REVIEWED BY: Peter Schalt, PMP, OCPM Project Manager Richard Hellriegel, P.E., OCPM Interim Director REVIEWED BY:' ~m Clem0ns,~asteWater Director DATE: REVIEWED B~ .DATE:.. ;/o'q~'~ot~' Ed Ilschner, Public Works Administrator PS:ps:kwb AUachment: Eight Original Professional Services Agreement Amendments No. Four SEP 0 8 1998 NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT $ MGD EXPANSION AMENDMENT NO, 4 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 4 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this day of , 19 , by and between the Board of County Commissioners for Collier County, Flodda, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services ,. A reement for the provision of professional services for the NORTH COUNTY REGIONAL STEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: SEP 0 8 1 S8 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CON.,SULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEM with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. A 0 L #0.~ SEP 0 8 lSS8 ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS VVHEREOF, the parties hereto have executed this Amendment to Professional Services Agreern~nt for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT $ M(3D EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By:, ODwight E. Brock, Clerk Barbara B. Berry, Chairman Approved as to form and legal su~ency: un~ At'u3mey - -- By:. ,Sawyer, P.C. Pr~ldent 6 ,c~ 10:S~ SEP 0 8 1558 PG.~ ,5~ August 25, 1998 Via: Fax/First Class Mail Mr. Pete Schalt COLLIER COUNTY PUBLIC WORKS OFFICE OF CAPITAL PROJECTS MANAGEMENT 3301 Tamiami Trail East Building D Naples, Florida 34112 NCRWW'rF 5-MGD Expansion Contract Amendment No, 4 Schedule A - sc°Pe of S~rvlces Dear Mr. Schalt: The purpose of this letter is to define the scope of work of Contract Amendment No. 4 for the above-referenced project. In general, this Amendment includes the following items: Engineering services for the design and construction management of odor control facilities for the new Aeration Basins and the expanded Dewatering Building. As you recall, fees for construction period services and additional services were not determined as part of our original Professional Services Agreement (PSA) dated May 14, 1996. It was previously agreed that fees for these services would be established during the latter stages of Final Design. Therefore, this Amendment establishes engineering fees for Tasks A.5 (Construction Contract Administration), A.6 (Detailed Observation) and A.7 (Additional Services) of our original PSA and Contract Amendments Nos. 1,2, 3 and 4. A detailed scope of work is presented below. The scope is divided according to each of the two general items discussed above, and then sub-divided according to the Tasks included in our PSA. Item I - Odor Control for New Aeration Basins and Expanded Dewaterlng Building Task A.3 Final Design Preparation of complete bidding documents for the following items. Note that no additional fees are proposed for Task I (Design Report) and Task A.2 (Preliminary Design). All design fees for the additional odor control facilities are addressed in Task 3 (Final Design) 1. Odor containment of the new Aeration Basins and associated structures, as follows: Odor containment of the basins themselves by flat, free-span aluminum or FRP cove rs. 42431072 bo Ventilation of the influent channels, aeration basins, effluent channels and Splitter Box through FRP ducting to a dedicated odor scrubber facility, Odor containment of the influent, effluent channels, and Mixed Liquor Splitter Box by either covered grating, aluminum checker plate, or flat aluminum/FRP covers. vlixed Liquor SEP 0 8 1998 Mr. Pete Schalt August 25, 1998 Page 2 of 8 A two-stage odor scrubber facility to be designed for the Aeration Basins and specified as a sole source package from U.S. Filter/Davis. Sole source procurement is at the County's request for service contract consolidation. 4. Odor containment of the expanded Dewatering Building as follows: Enclosure of the truck loading area (first floor) and belt press room (second floor) for both the existing and expanded portions of the building. Enclosure would be constructed of concrete masonry units and glass blocks (for natural lighting). Rollup doors would be installed at either end of the truck loading area. Air curtains at each rollup door will be evaluated to contain odors if the doors are open during truck loading operations. o Ventilation of the truck loading area (first floor) and belt press room (second floor) of the Dewatering Building through FRP ducting to a dedicated odor scrubber facility. Since the fresh air intakes at the existing sludge feed pump room and the polymer room open up into the truck loading area, these intakes will have to be reconfigured so as to isolate these two rooms from the truck loading area to be scrubbed. A two-stage odor scrubber facility to be designed for the Dewatering Building and specified as a sole source package from U.S. Filter/Davis. Sole source procurement is at the County's request for service contract consolidation. The proposed location of the Dewatering Odor Scrubber Facility is east of the existing Dewatering Building, where the Sludge Stabilization System currently sits. The County is attempting to sell the equipment. As there has been little interest from potential buyers, the County has requested that the 5-MGD Expansion contract documents include provisions for the Contractor to remove and dispose of all Sludge Stabilization System equipment, including process units, structural platforms/stairways, electrical equipment, control panels, etc. The Contractor would give the County the option of salvaging equipment prior to its disposal. Therefore, this scope includes the necessary demolition drawings and specifications/schedules for civil, structural, mechanical, electrical and instrumentation items. Additional fees for construction contract administration services are included in Item 2 below. There are no additional fees associated with this item for Tasks A.4 (Bid Period Services), A.6 (Detailed Observation) or A,7 (Additional Services). item 2 - Determination of Engineering Fees for Construction Period and Additional Services Background The original PSA states that total engineering fees for Tasks A. 1 through A.7.9 shall be equal to 11.5% of the estimated construction cost of the project at the 60% design stage. The Consultanrs 60% construction cost estimate for the project, including Contract 1 (Solids Stabilization Improvements) and Contract 2 (5-MGD Expansion) was $21,033,000. Based on this estimated construction cost, the Consultant forwarded an estimate of fees to the County (see , 2, 3 o72 SEP 8 19S$ Mr. Pete Schalt August 25, 1998 Page 3 of 8 CA4-1). The projected fees for Contract Administration and Detailed Observation were $366,000 and $392,000, respectively. Task A. 5 Construction Contract Administration Since the fees for construction period services were originally projected, Contract 1 (Solids Stabilization Improvements) and the Solids Stabilization Odor Control Facility (in Contract 2) have been deleted from the project. Design of these facilities had been completed at the time of their deletion. Therefore it was agreed that the Consultant would include a credit to the County only for Contract Administration services related to the deleted items. The Consultant proposes a credit of $17,000 for shop drawings and other office support services related to these items. As part of this Amendment, new odor control facilities for the new Aeration Basins and the expanded Dewatering Building are being added to the project. The Consultant proposes an additional cost of $25,000 for shop drawings and other office support services related lo these items. This amount also provides for coordination between the County and the Contractor regarding items to be disposed and items to be salvaged from the sludge stabilization facility demolition. A summary of the proposed total fees for Contract Administration (Task A.5) is presented below: Initial Projected Fee $ 366,000 Addition for Reuse Pump Station Modifications (Contract Amendment No. 2) $ 15,000 Credit for deletion of Contract 1 and Solids Stabilization Odor Control (Contract 2) ($ 17,000) Addition for Odor Control for New Aeration Basins and Expanded Dewatering Building (Contract Amendment No. 4) $ 25,000 Net Proposed Fee for Task A.5 $ 389,000 A detailed breakdown of currently proposed contract administration fees is attached as Table CA4- 2. Task A. 6 Detailed Observation The odginal PSA included provisions for either a 'full-time Resident Engineer or a half-time Resident Engineer and a full-time inspector for Detailed Observation Services. Since then it has been mutually agreed by the County and Consultant that the size and complexity of this project warrants additional field staffing. The revised level of staffing consists of a full-time Resident Engineer, one full-time inspector, and pedodic specialty inspection for structural, electrical and instrumentation work. in addition, it has been agreed that the total construction period be increased from 20 to 22 months. A summary of updated fees for Detailed Observation (including specialty inspection) is attached as Table CA4-3 42431072 SEP 0 8 1998 Mr. Pete Scha/t August 25, 1998 Page 4 of 8 Task A. 7 Additional Services Task A. 7. 10 One-Year Operations Follow-up Services The scope of work for One Year Operations Follow-up Services is defined in the original PSA. The proposed Not-To-Exceed fee for this subtask is $50,000. Task A. 7.11 System Integration Assistance The scope of work for System Integration Assistance is defined in the original PSA. The proposed Not-To-Exceed fee for this subtask is $275,000. The following additional items have been added to Task A.7 since the original PSA was executed: A. 7.12 SRF Funding Management during Construction As requested by the County, the Consultant will subcontract with Angle Brewer and Associates, Inc. (ABA) to provide SRF funding management services throughout the construction phase of this project to complete the required reporting and monitoring for funding. ABA is providing similar services for the currently ongoing construction project at the County's South Regional Wastewater Treatment Facility Upgrades project. A.7.13 Warranty Period Services The Consultant will provide follow-up inspection services to verify that the Contractor has satisfactorily corrected any warranty items within the one year period following final completion of the construction project. The proposed Not-To-Exceed fee for this subtask is $20,000. Attachments In addition to Tables CA4-1, CA4-2 and CA4-3 (previously mentioned), the following schedules for this contract amendment are also attached: Schedule B, Attachment A - Schedule of Fees for Basic Services Schedule B, Attachment C - Schedule of Fees for Additional Services (Including Detailed Observation of Construction) Schedule C-Project Schedule (updated) The Consultant proposes to incorporate the additional odor control facilities for the new Aeratior~ Basins and the expanded Dewatering Building and complete bidding documents within four (4) months after receipt of wdtten Notice to Proceed from the County. Schedule C (Project Schedule) has been revised, accordingly. 42431072 I SEP 0 8 Mr. Pete Schalt August 25, 1998 Page 5 of 8 If you have any questions or comments, please do not hesitate to call me. We look forward to completing the bid documents and proceeding ahead to construction. Very truly yours, HAZENK~.AND SAV~~. Project Manager c: Tim Clemons Gary Bors Albert Muniz Bob Burbdnk File 4243.1.2 42431072 SEP 0 8 ~,~. /~ Mr. Pete Schalt August 25, 1998 Page 6 of 8 TABLE CA4-1 NCRWWTF §-MGD EXPANSION CONTRACT AMENDMENT NO, 4 CONSULTANT'S INITIAL ESTIMATE OF FEES Task No. Description Fees A.1 Design Report 110,000 I'A.2 Preliminary Design 585,000 A.3 Final Design 690,000 A.4 Construction Bid Services 50,000 A.5 Construction Contract Administration 366,000 A.6 Construction Detailed Observation 392,000 A.7 Additional Services (see below) A.7.1 Operations Manual Update 80,000 A.7.2 Operator Training 20,000 A.7.3 Process Startup Assistance 20,000 A.7.4 Permitting Services 20,000 A.7.5 Surveying 25,000 A.7.6 Laboratory Testing and Geotechnical Services 40,000 A.7.7 Reproduction 10,000 A.7.8 Photographs 2,000 A.7.9 Postage 3,000 Subtotal Task A.7 220,000 TOTAL (A.1 through A.7) 2,413,000 Note that projected fees for Tasks A.5, A.6, A.7.1, A.7.2, A. 7.3, A. 7.7, A. 7.8 and A. 7.9 were provided for information only and were not included in the original PSA or any subsequent amendments to date. 42431072 SEP 0 8 1998 Mr, Pete Schalt August 25, 1998 Page 7 of 8 TABLE CA4-2 NRWWTF 5-MGD EXPANSION CONTRACT AMENDMENT NO. 4 BREAKDOWN OF FEES FOR CONTRACT ADMINISTRATION Original Scope Progress Meetings RFI's and PCM's Change Orders Shop Drawings Substantial Completion Reviews Final Completion Reviews Record Drawings Project Management Subtotal Fees(S) 24,000 108.000 16,000 120,000 16,000 16,000 37,0OO 29,000 366.000 Additions Contract Amendment No. 2 Reuse Pump Station Modifications) Contract Amendment No. 4 (Odor Control) Deletions 15,000 25,000 Deletion of Contract 1 Solids Stabilization improvements) Deletion of' Sludge Stabilization Odor Control System TOTAL (12,000) (5,000) 389,000 42431072 SEP 0 8 1998 Mr. Pete Scha/t August 25, '/998 Page 8 of' 8 TABLE CA4-3 NRWWTF 5-MGD EXPANSION CONTRACT AMENDMENT NO. 4 BREAKDOWN OF FEES FOR DETAILED OBSERVATION ~tion F¢-time Resident En~22 months' Full-time Ins 22 months ctions Structural Electrical Instrumentation Subtotal ~,dditional Detailed Observation for Contract Amendment No. 2 ,use P,S.' TOTAL 260 --'-'---- 800 ---'----' 48,640 ------- t20 -------- 45,600 ------- 120 -------- 18,800 793,820 SEP 0 8 1998 42431072 PG. UJ I. IJ LU ~ 0 c) -r.O~' EXECUTIVE SUMMARY AUTHORIZE STAFF TO NEGOTIATE WITH THE CITY OF NAPLES TO PURCHASE PROPERTY DECLARED SURPLUS BY THE CITY D.~: Recommendation to authorize staff to negotiate with the City of Naples to purchase property declared surplus by the City of Naples. CONSIDERATION: The City of Naples has declared a parcel of land, located south of the existing North Naples Ground Storage and Water Treatment Facility located just south of Vanderbilt Beach Boulevard and Goodlette Road, as surplus. The property is located in Section 3, Township 49, Range 25 (a location map is attached). Staff is of the opinion that the site could be utilized by the County to accommodate an additional six (6) MGD water ground storage tank, Goodlette-Frank Road Improvement Project mitigation, and a recycling drop-off center for the northern section of the County. The City of Naples has already advertised the property to the public seeking bids pursuant to City Council direction. According to representatives of the City of Naples, the current bid opening is scheduled for September 24, 1998. Staff has communicated its interest in the property but in order to postpone or cancel the bidding process, a formal request to the City Council is required. If staff's request is approved, staff shall prepare a letter to be executed by the Chairman of the Board of County Commissioners which shall then be forwarded to the City of Naples. If the City Council agrees to postpone or cancel the bidding process, staff shall have an opportunity to obtain formal appraisals on the property and to negotiate a purchase price and other terms and conditions with City representatives. County staff shall return to the Board of County Commissioners with any negotiated Purchase Agreement. The City of Naples has already obtained one (1) independent appraisal on the property. The Naples City Council must receive a formal request by the Board of County Commissioners no later than September 10, 1998 in order to be reviewed by the City Council at its September 16, 1998 meeting. It is the opinion of the County Attomey's Office that in order to purchase the property from the City of Naples, two (2) independent appraisals will be required pursuant to Florida Statutes. FISCAL IMPACT: An amount not to exceed $7,000 will be required to obtain two (2) independent appraisals. A Budget Amendment will be required: From: Fund Center: 412 Cost Center: 919010 County Water Capital Projects Reserves To: Fund Number: 412 Cost Center: 273511 Project #: 70062 County Water Capital Projects Combined Water Capital Projects Carica Road Property Acquisition GROWTH MANAGEMENT IMPACT: None. S EP 0 8 1998 Pg.,, j~ RECOMMENDATION: That the Board of County Commissioners: (1) authorize staff to obtain two appraisal reports froln independent appraisal firms in order to value the surplus property; (2) authorize its Chairman to sign a letter on behalf of the Board requesting the Naples City Council to postpone or cancel its bidding process in order that staff may negotiate with representatives of the City of Naples; and, (3) approve the necessary budget amendment. PREPARED BY: ,.~'~.¢w- DATE: ~ ' 2_~:, -%.I~ SAND-'RA-~AYLOR, R~ PR6AI~TY MANAGEMENT DIRECTOR REVIEWED BY: , ~~'~""~"'~¢---- DATE: ~;~"J'~' "~ ED ILSCHNER', PUI~LIC WORKS ADMINISTRATOR SEP 0 1998 I / l : : : : : : : : l§ LOCATION MAP i SEP 0 8 1~S8 EXECUTIVE SUMMARY AMEND THE VANDERBILT BEACH CONCESSION AGREEMENT. Objective: To have the Board of County Commissioners amend the Vanderbilt Beach Concession Agreement to Day-Star Unlimited Inc. to allow the sale of snacks and beverages. Consideration: The concessionaire recently requested that the County amend the concession agreement to allow the sale of snacks and beverages. Often times, parents will need a drink or a snack for their children. but they do not want to carry their beach apparatus, gather their children, and walk to a local vendor. Selling these perishable items on site would be convenient to the public visiting the beach, and would keep within our goal to offer outstanding customer service. This arrangement also would be consistent with the concessionaire sen'ices at Tigertail Beach Park and Clam Pass Beach Park. Currently. the Concessionaire is authorized to sell and/or rent umbrellas, chairs, hammocks, tubes, rafts, floats. kites, cabanas, caps. shirts, beach related sundries to customers visiting Vanderbilt Beach. This arrangement has been a positive experience with the concessionaire, the Count.,,'. and the public. Fiscal Impact: The Count.',' shall receive fifteen percent (15%) of the gross monthly revenues or a minimum monthly dollar amount of $300.00. Revenue in the amount of $2700 is budgeted under General Fund, Beach and Water Park Operations. Concession Fees (ti 001-156363-347908). Owth Management: None Recommendation: That the Board of County Commissioners amend the Vanderbiit Beach Concession Agreement to Day-Star Unlimited Inc. Prepared by: ~ "'-~,~67t.~4.o_ ~ Date: ~/7_'7/~'~ Jghn Durmuck. Operations Coordinator Department of Parks and Recreation Reviewed and Approved by "' ' "'; :-' "'" Date: Marla Ramsey, Director Department of Parks and Recreation Reviewed and "', /, '~ Approved by: . .,:~_~ 5~t2.--'..' '~ 5'; Steve carnell, Direet6r Department of Purchasing {~iewed and roved by.7 Thomas W. Olliff, A~lj~istrator Division of Public Services Date: (~'Z-7.. q~) SEP 0 8 1998 .0 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, made and entered into this day of ,1998, by and between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Day-Star Unlimited, Inc. (hereinafter called "Concessicna,re") WITNESSETH: WHEREAS. County and the Concessionaire have entered into a Concession Agreement for the sale and/or rental of umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas, caps, shirts, beach related sundries, and any other lawful activity approved in writing by the Director of t,ne Parks and Recreation Department; and WHEREAS the Concessionaire desires to sell beverages and snacks which was not permitted m :he December 16, 1997 Agreement; and WHEREAS. the sole purpose of this Amendment to the December 16,1997, Agreement is to perm,: :he Concessionaire to sell beverages and snacks under this Agreement. NOW. THEREFORE, the December 16, 1997, Agreement between County and' the Concessionaire ~s hereby amended to read as follows: c. USES. The Concessionaire is authorized to conduct the following types of business and t3 provide the following services, and only such business and services, at the location as set forth below: Sale of beverages and snacks, sale and/or rental of umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas, caps, shirts, beach related sundries, and any other lawful activity approved in writing by the Director of the Parks and Recreation Depa~ment. 12. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of .'15% of the total gross revenue or a minimum monthly dollar amount of .9300,00, whichever is greater, of the Concessionaire's business of selling beverages and snacks, selling and/or renting of umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas, caps, shirts, and beach related sundries. The percentage shall be based on total gross revenues per month. Said payments shall be tendered to the County by the 15"' of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The apphcable Florida State Sales Tax on payments to the County as per this Agreement shall be added tot he Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement, and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a State of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to us point-of-sale machines or other accounting control equipment for the proper control of cash and payment. Ail financial records are to be maintained during the entire term of this A§;eement and for a period of three years following the termination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the VANDERBILT BEACH CONCESSION AGREEMENT the day and year first written above. ATTEST: ('As to Chairman) DWIGHT E. BROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk CORPORATE SEAL -., . .I, Witness Approved as to form and le ga..~iciency~,,~ 1 Thomas C. Palmer Assistant County Attorney By:.. BARBARA B. BERRY, Chairman Day-,Star Unhm~te¢l,,. Inc · y ,~,-~, · A Florida Corp. -2- I SEP 0 8 199 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS RECOGNIZING ADDITIONAL TOURIST DEVELOPMENT TAX REVENUE. OBJECTIVE: To provide the carry fop.yard that has been projected in the FY99 Tentative Budget. CONSIDEIL,XTIONS: On September 10, 1996, the Board of County Commissioners adopted Ordinance 96-54 which provided for budgeting a portion of the two percent tourist development tax revenue to fund County owned museums. The ordinance also allows the budget to be amended, provided the total funding for the museum does not exceed seven percent (7%) of the net revenue received from the two percent tourist development tax. During the process of developing the proposed FY99 budget, staffrevised the two percent tourist development tax revenue projections for FY98. As a result &the revised revenue proj,'. :ons, an additional $29,400 became available for transfer to the Collier County Museum Fund (Fund 198). The additional revenue is included in the FY99 Tentative Budget and is required to fund museum operations as proposed. FISCAl. IMPACT: The attached budget amendments will recognize the additional $29,400 of revenue in the Tourist Development Tax Fund (193-919010-314300) and transfer it to the Collier County Museum Fund (198-929020-481193) where it will be budgeted in reserves (198-919010- 991000). The budget amendments will increase the transfer to the Museum from $315,000 to S344,400 and will not exceed the seven percent (7%) limit. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendments recognizing and appropriating the additional $29,400 of funding available to the museum. get Analyst Ii~Sffice ofManagem~gnt & Budget REVIEWED BY: ~ ~ DATE: Ron J_~J~o, Director, Collier County Museum Tho~s' ~.'611iff~P~llli& Services Administrator ' - AGENDA ITEM 1998 AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA OBJECTIVE: Recommendation that the Board of Count)' Commissioners authorize the Chairman to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida CONSIDERATIONS: The Board of County Commissioners authorized the filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the Public Records of Collier County, Florida. FISCAL IMPACT: The appropriate recording fees $ I08.00, are charged to the MS'rD General Fund - Code Enforcement Admin. (I 11-138911). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County. Florida. Para Callis.'.Revenu-e Supervisor Reve?e~ervices Department TereSa A. Riesen, Revenue Manager Revenue Services Department Reviewed b' ROenue Services Depart~-nent Leo Ochs, Jr., Adminis,~a'~r Support Services Divi~on Date: Date: pc:pc EXHIBIT "A" 1. Clarence Sun'ell & Bessie M. Hovey, FOLIO #$7872320000, Marco Beach Unit 10, Block 348, Lot I 8. 2. Florida Properties, % Richard Teibel, Folio 1456667520003, Block 22, Lot 32, Unit !, Marco Island 3. Nichols Cerrito, Folio 1456666680009, Block 22, Lot 11, Unit 1, Marco Island 4. Carlos Vila & Estelle V. Vila,, Folio #68041000001, Lot 9, Block B, Poinciana Village, Unit I. 5. Rosa De Cores, Folio ~62155920003, Lot 16, Block 9, Naples Manor Annex 6. Barbara K. Hamory, Folio # 57741040000, Lot 10, Block 284, Marco Unit Eight 7. Barbara K. Hamory. Folio #57741040000, Lot 10, Block 284 of Marco Beach Unit Eight 8. Barbara K. Hamory, Folio #57741040000, Lot I0, Block 284 of Marco Beach Unit Eight 9. Barbara K. Hamory, Folio #57741040000, Lot 10, Block 284 of Marco Beach Unit Eight I0. Barbara K. Hamory, Folio #57741040000, Lot 10, Block 284 of Marco Beach Unit Eight 11. Barbara K. HamoD', Folio #57741040000, Lot 10, Block 284 of Marco Beach Unit Eight 12. Richard F. Mc Cullough, Folio #77262280002, Lots 43, Block 2, Trail Acres, Unit No. 2 13. Douglas L. Smuder & Rhonda L. Smuder, Folio #35882600004, Lot 15, Block 64, Part 2, Unit 2, Golden Gate 14. Jorge & Angela Ramos, Folio # 57364000003, Lot 7, Block 227, of Marco Unit Six 15. Luis Vazquez Perez, Folio #57746920002, Lot I0, Block 294 of Marco Beach Unit Eight 16. Lockporl Transport Serv Inc.. Folio #62573280007, Lot 8, Block 19, Naples Park, Unit No. 2, 17. Dimarco & Dimarco, Folio #5'/736880000, Lot 21, Block 279 of Marco Unit Eight 18. Marlo Pino, Folio #62257720003, Lot 5, Block 9, Naples Manor La'es SEP O 8 1998 APPROVAL OF BUDGET A.MENDMENTS BCC Agenda of 9/8/98 State Attorney's Office (Fund No. 001) Budget Amendment No. 98-356 State Artorng¥'~ Qffice Capital Outlay $8,623 Operating Expenses ($8,623) Total - 0 - Explanation: Funds are needed to upgrade the communications systems of the State Attorney's Office. Collier County- Social Services (Fund No. 001) Budget Amendment No. 98-396 Health Care Respon~ibiliw ACl Operating Expenses Sociol Services Admjni~tratior~ Personal Services Total l~xplanationl Funds are needed to cover shortfall in personal services. ($3,500) $3,500 -0- Public Services (Fund No. 198) Budget Amendment No. 98405 Museum Operating Expenses $2,000 Reset'es Reserves for Contingencies Total (2.000) o0- ~g,xplanatic, n: Funds for operating expenses are needed in the Museum for contractual services to complete a portion of exhibit production for the permanent exhibit hall. AGENDA ITEM SEP 08 1998 P~. I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 8, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period A. Augustl0 through August 14, 1998 B. August 17 through August 21, 1998 3. Minutes: A. Collier Count3.' Airport Authority/Agenda for August 17,1998.- 4. Other A. Collier County Tax Collector - Errors and Insolvencies list for tax year 1997 AGENDA ITEM No. t/-,,(',' / SEP 08 1998 Pg. / EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVE~ANDENDORSETHECOLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED FUNDING FROM THE STATE OF FLORIDA, DEPAR~ OF TRANSPORTATION, HIGHWAY SAFETY FUNDS FOR THE SHERIFF'S OFFICE D.U.I. ENFORCEMENT PROJECT. OBJECTIVE; To seek appointment of the Collier County Commission as the coordinating unit of government and endorsement of the Sheriff's Office grant application for continued funding from the State of Florida, Department of Transportation, Highway Safety Funds for the Collier County D.U.I. Enforcement Project. CONSIDERATIONS: 1. The Collier County Commission has participated in the Department of Transportation grant programs in 1989, 1990, 1991, 1992, 1993, 1997 and 1998. 2. The Department of Transportation grant funded projects have proven to be valuable to Collier County. 3. The Department of Transportation has allocated $100,400 to Collier County for State F/Y 1999 for continued funding for the Collier County D.U.I. Enforcement Project to be implemented by the Sheriff's Office. The Department of Transportation requires the Collier County Commission to be the coordinating unit of government. The Collier County Sheriff's Office requests that the County Commission execute the necessary documents to allow the formal application process for continued funding to be submitted. FISCAL IMPACT: $100,400 awarded by the State and $100,400 matching funds from Confiscated Trust Fund 602-929020-911150 drawn proportionate to share of funding received. Confiscated Trust Fund 602 funds are included in FY 99 budget (115-641011). GROWTH IMPACT~ This grant is a continuing three year grant program that requires reapplication each fiscal year. This third year grant period is for October 1, 1997 through September 30, 1998. Continued funding will be sought for subsequent years. If the grant funds are terminated or other grant funding is not available at the end of the third year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. APPROVED BY: DATE: RECOM~(ENDATION: That the Collier County Commission endorse the Subgrant Application for Highway Safety Funds application for continued funding for fiscal year 1998/99. drys~l K. Ki~zel~, -Financ~Director AO~-~.~ 'Don~xua~.==, Sher%££ AvguSt 14. FILE NO.: ROUTED TO: Date: August 14, 1995 DO NOT WRXTi A~OV~ TMXS SPAC~ REQUEST FOR LEGAL SERVICES (~leawe ty%~e or prin~) To: Office of the County Attorney, Attention: Thomas Palmer. Esq. From: Re: Crystal K. Kinzell '~/ [. . , Finance Director - ' (Name) %~-/~''~,~'-'' (Title) Sheriff's Qffi¢~ Finance Division ( D i v i w ion ) (~pa~mln%) DOT - Hiqhway Safety ~nds Grant Application ~KGROUND OF REQUEST/PROBLEM: problem g~ve backgro~Jnd information - be e~ec~fiC, conc~ge, and (Describe and · ~e Florida DOT re~ires the Collier County Board of Co~issioners to be the applicant agency for the U.S. Department of Transportation Highway Safety Funds Grant application for Fiscal Year 1999. The Sheriff's Office is the implementing agency for the grant. Fiscal Year 1999 funds will be for the third year of a three year continuing DOT grant for the Collier County D.U.I. Enforcment Project. Board approval is necessary. The application needs to be signed by the Chairman of the Board. (Are there documents or other information needed :o review ~hil i~a:ter? Zf yes, a~ach ~d re~e~emc* :him info~abXon}. The original copy of the grant appllcaton ia at~ached. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (X~ previously eubmi~ted, provide County A~orney'e Office file ~umber.) ACTION REQUESTED: Legal apparel of information nub~itted for Board approval. OTHER COMMENTS: C: Don Hunter. Sheriff or Con.txtution&l Off,car.) a:duiglr STAT~ OF FLOR.IDA DEPAR'rMEN'T OF TRANSPORTATION STATE SAFETY OFFICE SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS For 4gcnO' L'~e Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant HistoD': (1) (2) Part I: GENERAL ADMINISTRATIVE INFORMATION (Sec Instructions for Highv..ay Safer}' Subisrant Applications) 1. Project Title: Calliee County DUI Enfo~ce~nt Projee~ 2. Type of Applic~tion: ( ) Initial (x) Continuation 3. Requested Subgr~t Period: ~o~r 1, 1998 to Sep~e~er 30, 1999 4. Suppom Matching Total Sought: SlO0,400 Shoe: $100,400 Budget:..$2~,8~ 5. AppIic~t Agency (Subgr~tee): 6. Implementing Agency: Collier Caun~y Board of Co~issioner$ Collier County Sheriff's Office 3301 E. T~i~i Trail, Bldg. F 3301 E. ~ver~en~ Camplex ~ver~n~ C~plex Naples, Florida 34112 Naples, Flori~ 34112 Telephone: 941-774-8393 Telephone: 941-774-~34 7. Federal ID Number: 59-60~98 8. State SAMAS Number (State Agencies Only) N/A 9. Chief Financial Officer: I0. Project Director: 3~es Mi~che!l Chief 3ackie Kline 3301 E. T~i~i Trail 330i E. T~i~i Trail, Bi~. 3 Courthouse Plaza III/2 ~ver~nt Complex Naples, Florida 34112 Naple$, Florida 34112 Telephone: 94i-774-6179 Telephone: 941-774-4434 11. Project SummeD': Briefly describe the problem and the proposed solution. The Collier County Sheriff's Office i$ seeking thi$ ~u~ran~ to address D.U.Z. enforcemen~ in ~he county by u~ilizing four (4) ~itio~ for D.U.Z. relat~ pro~ lem$. Three (3} Deputies and one (1) C~uni~y ~rviee ~pu~y are a$$igned to the Traffic Bureau and are supplemen~ by that Bureau in D.U.I. enfor~, Fun& Provt&d by L'. S Department of rra~portatton. National Highway ' · . ~ atatog Dip eaeral Document _~xsatance Number. 20 600 State and Communio' Htghway Saf,~ Program. $ectton 410 and Sectton 4a ofFttle 2J2 Uni~ $tatt$ Code FORM .~004)65.01 SAF'L~[y Part II: PROJECT PLAN AND SUPPORTING DATA clearly and in detail the aims of the project, precisely what will be done. who will be involved, and what is expected to result. Use the following major headings: l. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use continuation pages as necessary. 1. Statement of the Problem The problem to be addressed is continuing DUI's in Collier County. The Collier County Sheriff's Office (CCSO) seeks to continue the current DUI Grant obtained in 1996-1997-1998. The con:inuation grant will allow the CCSO to maintain current DUI enforcement. The Deputies assigned to this enforcement effort have arrested 271 impaired drivers in the first nine (9) months of this fiscal year. These Deputies have written 1,233 moving violations, made 49 other arrests and been involved in four (4) sobriety checkpoints. Sixty-eight (68) crashes were investigated with arrests for impairment in all cases. Grant funding is needed to continue the Collier County DUI Project. 2. Proposed Solution The proposed solution is to maintain the manpower for the Collier County DUI Enforcement Project provided by this DOT grant. The function of this unit is to focus on impaired drivers. Funding will allow CCSO to continue increased DUI enforcement. Media coverage to assist in DUI awareness will continue to be employed. Objectives 1. To increase DUI arrests in 1998/99. 2. To investigate DUI related crashes - sixty-eight (68) so far in 1998. 3. Continued involvement in sobriety checkpoints. 4. Use media to heighten public awareness. 4. Evaluation The CCSO will use information produced by the CCSO Information Technology Department, citation tracking, DUI arrests, crash reports and DUI checkpoints to determine potential problem areas and to determine if objectives are met. With a focus on impaired drivers and DUI crashes, more impaired drivers will be apprehended. At the end of the grant, DUI arrests by the DUI unit and other CCSO Deputies can be made to determine effectiveness of the project. Milestones (see attached form) ' ! : ~ : f Milestones Timetable for Milestones Continue Training DUI Enforcement Monitor/Evaluate Quarterly Reports Final Reports Continue Projec~ (1999-2000) SE? ;J ,, ,,;.;., PART III: PROJECT DETAIL BUDGET Oect Title: Collier County DUI Enforcemen: Project Project Number: Contract Number: - BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL (402 funding) STATE I LOCAL A. Personal Ser~'ices Basic Salar-f f~r 4 officers 124,200 62,100 0 62,160 OT for Court time 8,400 4,200 0 4,200 ~- ~ .... =-- 67,600 33,800 0 33,800 Sub-total 200,200 100,100 0 100,100 B. Conr:actual Services , Sub-total 0 0 0 0 CriSeS '-mmm,',"--:a.- 1 .... e. f - F~Ui 5~mposium 600 300 0 300 Sub-total 0 0 0 0 D. Operating Capital Outlay _ Sub-total 0 0 0 0 £. Indirect Cost .. Sub-total 0 0 0 0 ~ Total Cost of Project 200,800 lOO,,~ 0-z...:,,, ~.~;~oo' Budget Mcj:lificatie'cH:u~ber: .'. 2..': Effective I~ate:_ , , BUDGET NARRATIVE Projcc:I{tlc: C=!!ier County DUI Enforcement Projcc: Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cos:. Each category, must be sufficiently defined to show cost relationship to project objectives. Ar, ach additional sheets as needed. SALk%iES AN-D B~--NE:-ITS Ccs:s :o be reimbursed by this categ=ory include :he base salaries, iCC hours of cour: overtime for each pcsi~icn and benefits for four officers. Overtime hours are paid @ 1.5 X regular salary. Benefits in- clude retirement, FICA, incentive pay, health and life insurance and workers compensa:ion. $100,100 $!C0,IC~O EXP~--~iSES The cos: to be covered by this category is for travel to the CCi Symposium. 300 3OO 5 Budget Mod Effective D~ · .: ~ ~cati°g?nLb? :. , ' !e: Part IV: REPORTS Jarterly Progress Report Narrative for the Project Title: Collier County DUI £nforcement Project Number: Project quarter. Implementing Agency: Collier County Sheriff's Office Project Director: Chief Jackie Kline Briefly describe the subgrant activities that took place during the quarter. Attach additional sheeu if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. 6 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Collier County DUI Enforcement Project Project Number: Implementing Agency: Collier County Sheriff's Office Project Director: Chief Jackie Kline Performance Milestones Acomplished Indicators [~KL.m~,~f ] 1 K41tCl~ )1 ?otllt {um~ {0 S~)qrmb~' ~0 "rotlls Number of DUI arrests made by three officers hired under this agreement. Number of moving violations issued by three officers. Number of DUi checkpoints con- ducted by the Collier County Sheriff's Office. Number of DUI checkpoznts con- ducted by other agencies at which the three officers participated. Number of other operations con- ducted by the Collier County Sheriff's Office DUI Project. Number of DUI public a';areness activities conducted by the Collier County Sheriff's Office. Number of nights the Cormmunity Service Deputy worked the Batmobile. Number of breath tests adminis- tered by the Community Service Deputy. Final Narrative Report Project Title: Collier County DUI Enforcement Project Project Number: Implementing Agency: Collier County Sheriff's Office Project Director: Chief Jackie Kline The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is and accurate accounting of the project performance and >lishments. (Attach additional sheets as needed.) FORM SAF"~rY r-'C,C · Ot'~l I~'I'ER! 8 S 4, FE'r¥ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditio~ shall become binding. Noncompliance ma)' result in loss of, or delays in cost reimbursement. Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Submim'ng Quarterly Progress Reports) including Performance Indicators and a Narrative Statement detailing project status, to the Department by January. 31. April 30. July 31, and October 31 covering the subgrant activity for the previous quarter. The subgrantee shall submit a final narrative report, giving a full chronological history, of the subgrant. problems encountered and major accomplishments in addition to specifically addressing the subgrant objectives and performance indicators and the current and future planned activities of the program within 30 days after the termination of the project as well as such other reports as may be prescribed and may be reasonably required by the Department to determine the effectiveness of the project. A final financial claim report must be submitted to the Department within 30 days of the subgrant termination period. Such claim must be distinctly identified as "Final". Failure to comply will be grounds for forfeiture of reimbursement. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. Ail monies spent on the project will be disbursed in accordance with provisions of the project budget as said budget was approved by the Department. All expenditures and cost accounting of funds shall conform to 49 CFR 18. Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments (Revised A-102) and OMB Circular A-87, or OMB Circulars A-110 and A-21. in their entirety. All funds not spent in accordance with the agreement will be subject to repayment by the subgrantee. Compliance ',,4th Section 287.055, Florida Statutes. The subgrantee, when applicable, agrees to satis~' all requirements provided in Section 287.055. Florida Statutes. known as the "Consultant's Competitive ,¥egotiation Act." Approval of Consultant Agreements. The Florida Department of Transportation shall review and approve in writing all consultant agreements prior to the actual employment of the consulting firm. Approval of the subgrant agreement does not constitute approval of a consultant agreement. .-LLlowable Costs. The allowabili£y of costs incurred under an.',' subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in National Highway Traffic Safer)' Administration Order 462-13A. "Princlples for Determining Costs Applicable to Grants and Contracts with State and Local Governments ', OMB Circular No. A-87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments", OMB Circular No. A-21. "Cost Principles for Educational Instirations', or OMB Circular A-122, "Cost Principles for NonProfit OrganiLation., All procedures employed in the use of Federal funds for the procurement of services, supplies, or equipment, must be in accordance with Section 18.32 (Procurement) of 49 CFR 18 (Revised A-102) or with Attachment O of OMB Circular No. A-110. and Florida law, to be eligible for reimbursement. Travel. All travel for out-of-state or out.of-grant specified work area shall require written approval of the Department prior to commencement of actual travel. Travel costs for approved travel will be reimbursed in accordance with regulations applicable to the subgrantee, but not in ~~~1~ Section 112.061. Florida Statutes. t "..:...~ ': ;T?.'.'; .= ~ C'TD" ~ $,~ Ft"T'~ O~C · ,'1~ ~1 Written Approval of Changes. Subgrantees must obtain prior written approval from the Department for changes. For example: (a) Changes in project activities, designs, or research plans set forth in the approved applications. ('b) Changes in budget items and amounts set forth in the approved application. Subgrant Funding. The State of Florida's performance and obligation to reimburse subgrantees will be subject to the availabilis' of Federal Highway Safets' funds and an annual appropriation by the Legislature. As provided in a9 CFR, Part 29, subgrantees shall not be reimbursed for the cost of goods or services received from contractors, vendors, or individuals suspended or debarred from doing business with the Federal Government. Commencement of Projects. If a project has not commenced within 30 calendar days after the acceptance of the subgrant award, subgrantees will report by letter the steps taken to initiate the project, the reasons for delay. and the expected starting date. If. after 60 calendar days from the acceptance of the award, project activity as described in the subgrant agreement has not begun, a further statement of implementation delay will be submined by the subgrantee to the Department of Transportation. Upon receipt of the 60-day letter, the Department may cancel the project and reobligate the funds to other program areas. The Department, where warranted by excusable delay, ma,,,' extend the implementation date of the project past the 60-day period, but only by' formal written amendment to the agreement. 10. Excusable Delays. (a) Except with respect to defaults of consultants, the subgrantee shall not be in default by reason of any failure in performance of the agreement in accordance with its terms, including any failure by the subgrantee to make progress in the execution of the work hereunder which endangers such performance, if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include, but are not restricted to. acts of God or of the public enemy, acts of the Government in either its sovereign or contracrual capacity, fires, floods, epidemics, quarantine restrictions. strikes, freight embargoes, and unusually severe weather; but in ever case, the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and consultant, and without the fault or negligence of either of them. the subgrantee shall not be deemed to be in default, unless: (1) The supplies or services to be furnished by the consultant were obtainable from other sources, and ~'2~ The State Safety Office shall have ordered the subgramee in writing to procure such supplies or services from other sources, and (3) The subgrantee shall have failed to comply reasonably with such order. Co) Upon request of the subgrantee, the State Safety Office. shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery, schedule shall be revised accordingly. 11. reimbursement. A cost is incurred when the subgrantee's employee or consultant or when goods are received by the subgrantee, notwithstanding the date of order. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for ~erforms the service required. lO 12. Performance. In the event of default, noncompliance or violation of an,,,' provision of this aereement bv the_ subcrantee, its consultant(s) or supplier(s), or both. the Department shall impose such sanctic;ns as it appropriate. Such sanctions include with.holding of pawnents, cancellation, termination or suspension of af~reement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 3~) calendar days in advance of the effective date of such sanction. The subgrantee shall be paid only for those scr','iccs satisfactorily performed prior to the effective date of such sanction. i3. Access to Records. The Department. NHTSA. FHWA. and the Auditor General of the State of Florida, or am.' of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers and records of the subgrantee, and to relevant books and records of subgrantees and contractors, as provided under Section 402(I) of the Highway Safety Act of 1966. Public Law 89-56,1. as amended. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the subgrantee in conjunction with the subgrant. 14. Audit. Accepumce of this agreement constitutes subgrantee assurance that all audits shall be conducted under the guidelines of OMB Circular No. A-133, Section 216.349, Florida Statutes. and Chapter 10.600. Rules of the Auditor General. For a~,encv fiscal years begining on or before June 30. 1998. the reporting packages and data collection forms shall ~e su'bmitted'to the Florida Department of Transportation program manager by the agency within the earlier of 30 days after the receipt of the auditor's report, or 13 months after the end of the subrecipient's fiscal year. For fiscal years begirming after June 30. 1998, the reporting packages and data collection forms are to ~e submitted witl~in the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's fiscal year. For audits conducted only under Section 216.349, Florida Statutes. the report is to be submitted within the earlier of 30 days a~er the receipt of the auditor's report, or 12 months after the end of the subrecipient's fiscal year. The date the audit report was delivered to the subrecipient must be indicate.~ by the subrecipient in correspondence accompanying the audit report, or reporting package, and data collecti~ form. Failure to furnish an acceptable audit as determined by the State or cognizant Fedeeral audit agency may be a basis for denial or refund, or both. of Federal funds. Federal funds determined to be misspent are subject to refund or other resolution regardless of disclosure in the audit report. 15. Procedures for Claim Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (lc'DOT Forms 500-065-04 through 500-065-0'/, incorporated by reference under rule 14-98.008). Appropriate documentation supportive of the reported costs must accompany each request for reimbursement. Requests should be submitted on a regularly basis as costs are incurred. All requests for reimbursement for Operation Capital Outlay items having a unit cost of :55,000 or more and a useful life of one year or more must be accompanied by a complete inventor':,.' listing for those items. Payment of the request for'reimbursement will not be made before receipt of the applicable inventory, listing (Non- Expendable Propen).' Accountability Record, FDOT Form 500-065-09). 16. Retention of Records. All records and financial documents must be maintained for a minimum period of three years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons, as defined in Section 14-98.007(13). 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions, and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.3.1 (Copyrights) of 49 CFR 18 (Revised A-lO2)or OMB Circular A-110, Attachment N, Paragraph 8, hereby incorporated by 11 SZ? ' 18. Property Accountability, The subgrantee shall establish and administer a system to control, protect, preserve, use. and maintain and dispose of any property, furnished it by the Department or purchased pursuant to the a~reement in accordance with Federal Property Management Standards as set forth in Section 18.32 (~quipment) of a9 CFR 18 (Revised A-lO2) or OMB Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstapding the expiration of the agreement. Disputes. Any dispute, disagreement or question of fact arising under the agreement shall be decided by the Department in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety. Representative at the Florida Department of Transportation. 605 Suwannee Street. MS-57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with the Department decision. 20. Conferences, Inspection of Work. Conferences ma,,,' be held at the request of any party to the agreement. Representatives of the Florida Deparzment of Transportation or the U.S. Department of Transportation. or both. shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publications, Printing or Reports, (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication and printed report covered by Paragraph 21.(a) above must include the follov.'ing statements on the cover page: This report was prepared for the State Safety Office, Department of Transportation. State of Florida in cooperation with the National Highway Traffic Safety Administration. U.S. Department of Transpo~ation and/or Federal Highway Administration, U.S. Department of Transportation. The conclusions and opinions expressed in these reports are those of the subgrantee, and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office. the U.S. Department of Transportation or an5' other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, creed, color, or national origin, be excluded from participation in. be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to P.L. 89-564, or any project, program, activity, or subgrant supported by such requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirement pursuant to the regulations of the Department of Commerce, Title 15. Code oJ'Federal Regulations, Part 8, which have been adopted by the U.S. Department of Transportation. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes. the subgrantee shall be required to defend, hold harmless and indemnify the State of Florida, the Florida Department of Transportation, National Highway Traffic Safety Administration, Federal Highway Administration. and U.S. Department of Transportation. from all claims and liabilits', or both. due to the negligent acts of subgramee, subcontractor(s) or consultant(s) or subgrantee's agents or employees. The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under the subgrant agreement which is caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 12 24. Disadvantaged Business Enterprises. The subgrantee agrees co include the followin, statement in all agreements, and in all contracts which are financed in whole or in part with Federal f~nds provided under agreement with the subgrante¢: (a) Required DBE Contract Clauses: (I) Policy. It is the policy of the U.S. Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (2) DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national oriein, or sex in the award and performance of U.S. DOT-assisted contracts. ~ 25. Restrictions on Lobbying. (a) The recipient agrees to comply with Section 319 of Public Lab,,,' 101-121 as provided for in the . Go~ernrnenrwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in December 20, 1989, Federal Register. (b) Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of 5;100.000 or more; or a federal loan of 5150,000 or more. (c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transact/on imposed by Section 1352, Title 31. U.S. Code. An)' person who fails to file the required certification shall be subject to a civil penalty of not less than $I0.000 and not more than SI00,000 for each such failure. (d) The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid to an)' person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress. or any employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federa: loan. the entering into of any renewal, amendment, or modification of any federal contract, grant, or loan or cooperative agreement. (2) If any non-federal funds have been paid or will be paid to any person for influencing or attemptine to influence an officer or employee of an)' federal agency, a member of Congress. an officer or ' emplo,,ee of Congress. or an'employee of a member of Congress in c' n--w4thqhis-~aeee~. 13 : C7'~ .' , ; contract, grant, loan~ or cooperative agreement. ~e undersigned shall complete and submit Federal Standard Form #LLL, ~ D~sc~o~,,r~ o/ Lobby&~ ~¢n'~i~z'~s, ~ in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certifv and disclose accordingly. . (4) No funds granted hereunder shall be used for the purpose of lobbying the legislature or state agencies, Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being: Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for PubLic Service Announcements. All public service announcements produced with federal highway safety funds must be closed captioned for the hearing impaired. 28. Officials Names on Printed Materials and Promotional Items. The name of the Implementing Agency and the Agency's logo can be used on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with fedora highway safety funds. 29. Term of Agreement. All subgrant agreements begin on the date of the last party to sign and shall end on September 30, follov,'ing. · OBuy America Act. The subgrantee ar, ti its contractors will comply' with the provisions of the Buy' America Act. The U.S. DOT reference to the Buy America Act is 23 U.S.C. I01 Note and the Federal governmentwide reference is 23 U.S.C. 10a. 31. Special Conditions. (a) The head of any agency, receiving first year funding for a ne',,,' position through this agreement shall notify the State Safety Office in writing that a new position(s) has been created in the agency as a result of the subgrant being av.'arded. Appropriate documentation must be included with all requests for reimbursement. Required documentation ma.,,' include copies of the following: 1) all public information materials purchased with subgrant funds, 2) payroll histories for salaried positions, 3) receipts for all equipment purchased, 4) hotel, rental car, airfare, parking, and toll receipts, and 5) receipts for rental space. Each item of cost claimed shall be supported b.v a legible cop>' of an invoice substantiating the cost claimed, date paid and ',','arrant number. Claims for reimbursement will be returned unpaid if documentation is missin~ or if required quarterly progress reports are past due. ~ (c) The subgrantee agency shall hold harmless and indemnify the State of Florida, the Florida Department of Transportation. National Highway Traffic Safety Administration, Federal Highway Administration, and U.S. Department of Transportation, from all claims and liability, or both, due to the termination of employment of any individual whose position was funded, in ','.'hole or part, through this agreement and which is dissolved when the agreement expires. 14 FORM (d) A sub~rantee agency or implementing agency ma.,,' be ruled ineligible for fUtUre funding for the followi reasons: 1) failure to provide the required audits. 2) failure to continue funding positions created wit/~ federal highway safety funds after the federal funding cycle ends. 3) failure to provide required quane'l, and final reports within the required time frame, or 4) failure to comply with requirements of the subgrant agreement. (e) Ownership of all equipment purchased with federal highway safety funds rests w/th the implementing agency; however, the U.S. Department of Transportation maintains an interest in the equipment for thre ','ears following the end of the subgrant period. The State Safe .ty Office may repossess equipment from ~he implementine a~encv on behalf of the U.S. Department of Transportation if the implementing agencs fails to use the equipment for the purposes detailed in the subgrant agreement. - (0 The subgrantee agency and implementing agency shall be responsible for replacement and repair costs for items purchased with federal highway safely funds. (g) Subgrants that generate program income must comply with 23 CFR Part 1200 Uniform Procedures for State Highway Safety Programs, Subpart C, 1200.24 Program Income. Failure to comply with this procedure ma.,,' result in termination of highway safety funds. IN ~,~,ITNESS 'WHEREOF, the parties affirm that the`.' have each read and agree to lh¢ conditions set forth in Part V of this Agreement, that each have read and unc]erstand the Agreement in its ,:ntirety. No,.,.'. therefore. in consideration of the mutual covenants, promises and representations herein haxe executed this Agreement by their undersigned officials on the day, month, and year set out below. (For Agency Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: SUBGRANTEE .,, Collier County Board of Comnissioners By: Name of .4pplicam .4 gency T. vped Signature ora uthorized Representative Date: Title: Barbara B. Berry .4 uthorized Reprexe,mtti ye's Name T3 fed Chairman Date: FEDERAL FUNDS ALLOCATED Attest: Signature o./' ti 7mess Approved as to form. legality for the Department of Transportation by: Attorney · __.j of Administrator AGENCY Don Hunter Title: Administrator's Name T3ped Sheriff NOTE: No whiteout or erasures accepted on this signatur, page. 16 .. p CO__._M~__ATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS TO PURC~E ~c~%LIZED EQUIPHENT BY THE COLLIER COUNTY SHERIFF'S OFFICE. 9~ To seek appropriation of $8,950.00 from the Confiscated Trust Fund for the procurement of specialized equipment by the Collier County Sheriff,s Office. ~ONSIDERATIONS: The Sheriff,s Office by virtue of Section 932.7055 (4) (a), is seeking Board authorization for the appropriation of funds to purchase specialized equipment for investigative and other law enforcement purposes. FISCAL IMPACT~ $8,950.00 for this expenditure is available from Confiscated Trust Fund Reserves (602-919010-991000). The amendment increases the budget in Miscellaneous Operating Supplies (602-611010- 652990) by $3,825.00 and in Other Equipment (602-611010-764990) by $5,125.00. $~-~~_~ No recurring costs for subsequent years. RECO .M~ENDATIQ~[ That the Board of County Commissioners approve the budget amendment for the use of funds for the procurement of specialized equipment. CERTIFICATION OF CONFISCATED TRUST FUND This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to be used for technical equipment. PREPA~ BY: APPROVED BY: DATE: ! ,A. GEHDA ITEM SEP O 8 1998 ITEM NO :~ /~~ag" FILE NO.: ROUTED TO: DO NOT WRIT~ ASOV~ T~IS 8;ACE REQUEST FOR LEGAL SERVICES (Pleaee type or' ~rinC) Date: AUgUSt 28, 19~8 To: Office of the County Attorney, Attentionf Thomas Palmer. Esq. From: Crystal K, Kinzel 0/~ %~/.__. (Name) Sheriff's Office (Divieio~) Re: Confiscated Tr~t F~nd (SubJec:) Finance Director (Title) Fin~n~ Division (Department) BACKGROUND OF REQUEST/PROBLEM: (~scri~ p~ble~ and gi~ ~ckground inforaati~ - ~ ~¢ific. ~omcile. ~d a~la~e). ;uant to Section 932.7055 (4) (a),F.S., the Sheriff's Office is requesting approval by the Board for a Fund 602 budget amendment to support the purchase of specialized equipment for investigative purposes. (Are there documents or o~her information needed ~o review ~hie met~er? If yes. a:~ech and re~erence this information) . THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County A~orney'e Office file number.) ACTION REQUESTED: (Be very epecific. Identify exactl~ what you need in the wa}, of legal eervtcee. ) Legal approval of request. R COHMENTS: C: Don Hunter. Sheriff or Co~e~ X~u~i~naA AGENDA iTEM SEP O 8 l!)98 pg. C~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 93, 93.1 and 93.2 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RICHARD B. $1ZER, JUDITH SlZER, ET AL., Case No. 91-2775- CA.-01 (PINE RIDGE INDUSTRIAL PARK MSTU). ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easements on Parcel Nos. 93, 93.1 and 93.2 in the Pine Ridge Industrial Park MSTU in the lawsuit entitled Collier County v. Richard B. Sizer, Judith $izer, et al., Case No. 91-2775-CA-01. CONSIDERATIONS: On October 23, 1991 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Industrial Park MSTU Project No. 68064. On November 6, 1991, Collier County deposited with the Registry of the Court the sum of Eight Thousand Nine Hundred Dollars ($8,900.00) for Parcel Nos. 93, 93.1 and 93.2 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 91-510). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Ten Thousand Two Hundred Fifty Dollars ($10,250.00) to be paid to the Defendants as full compensation for the property fights taken as to Parcel Nos. 93, 93.1 and 93.2. The Stipulated Final Judgment also provides that Collier County shall pay the Defendants' reasonable attorney fees and costs in the amount of Two Thousand Five Hundred Dollars ($2,500.00). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Three Thousand Eight Hundred Fifty Dollars ($3,850.00) with the Registry of the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. .~FIS CAL IMPACT: Cost: $4,702.00; to be obligated in the budget for FY 97/98. Fnnd: (132) Pine Ridge Industrial Park MSTU Cost Center: (112550) Pine Ridge Industrial Park Project Number: (68064) Pine Ridge Industrial Park SEP 0 1t 1998 Executive Summary CC v. Richard B. Sizer, Judith $izer, et al. Page 2 A summary of the costs associated with this transaction is as follows: * Stipulated Final Judgment $3,850.00 * Fixel & Maguire (outside counsel) $720.00 * OCPM $132.00 Total $4,702.00 Funds available for this obligation are contained in the reserves of Fund 132. Therefore, approval ora budget amendment will be necessary whereby Funds will be transferred from Fund 132 reserves to the appropriate expenditure categories for this obligation. GROWTH MANAGEMENT IMPACT. None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the necessary budget amendment for this obligation; and 3. approve the expenditure of the funds as stated; and 4. direct staffto deposit the funds into the Registry of the Court. Prepared by: RTdney CZa-de' - Assistant'County Attorney I-~arr~Huber, Project Manager III Date Office of Capital Projects Management Ed Ilschn~, Administrator Public Works Division Date Date Approved by: l~avid C. Wei~elTCou~y Attorney h:/¢w/Execufive Summary/CC v, $izer Date AG. END/L tTEM .~ . o SEP IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, VS. RICHARD B SIZER, JUDITH SIZER, et al., Defendants. / Case No. 91-2775-CA-01-DRM Parcel Nos. 93, 93.1 and 93.2 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Plaintiff and Defendants, by and through their undersigned counsel, for entry ora Stipulated Final Judgment as to Parcel Nos. 93, 93.1 and 93.2 in the above-styled case, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Plaintiff is the full compensation due the Defendants, RICHARD B. SIZER and JUDITH SIZER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Defendants, RICHARD B. SIZER and JUDITH SIZER, have and recover from the Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Two Hundred Fifty Dollars ($10,250.00) consisting of $2,767.50 for Parcel 93, road fight-of-way easement; $2,460.00 for Parcel 93.1, underground drainage easement; and $5,022.50 for Parcel 93.2, drainage easement as full payment for the property inte~'ests taken anql AGE A T EXHIBIT "A" for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall pay Defendants', RICHARD B. SIZER and JUDITH SIZER, reasonable attorney fees and costs in the total amount of Two Thousand Five Hundred Dollars (:52,500.00), subject to the approval of the Board of County Commissioners. No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parc, el Nos. 93, 93.1 and 93.2; and it is further ORDERED that the Plaintiff shall deposit the additional sum of Three Thousand Eight Hundred Fifty Dollars ($3,850.00) into the Registry of this Court within 30 days from the date of Stipulated Final Judgment, subject to the approval of the Board of County Commissioners; it is f~rther ORDERED that the Clerk of this Court shall disburse the sum ofTen Thousand Two Hundred Fifty Dollars (SI0,250.00) to, Woodward, Pires & Lombardo, P.A. Trust Account, c/o J. Christopher Lombardo, Esquire, $01 Laurel Oak Drive, Suite 710, Naples, Florida, 34108, for the benefit of RICHARD B. SIZER and JUDITH SIZER less any amounts previously paid; it is further ORDERED that the Clerk of this Court shall disburse the sum of Two Thousand Five Hundred Dollars (52,500.00), being the Defendants' attorney fees and costs, to Woodward, Pires & Lombardo, P.A., c/o J. Christopher Lombardo, Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida, 34108; it is further ORDERED that the property interest taken as Parcel No. 93 (road right-of-way easement), Parcel No. 93.1 (underground drainage easement), and Parcel No. [ 5[J''1 0 u 1998 casement) being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiffpursuant to the Order of taking dated October 23, 1991 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DO~XrE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. ' DANIEL R. MONACO Circuit Court Judge conformed copies to: J. Christopher Lombardo, Esquire Joe W. Fixel, Esquire Rodney C. Wade, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attorney's Office Charge to: OCPM- 113-112550-68064 Bookkeeping AG EN.D.,A,JT_{~ No. j 5EP O b 1998 ,.5- Ro~d Right-of-Way £aseme .... ' EXHIBIT "A" SECTION 11 , TOWNSHIP 6~ SOUTH, RANGE COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION The ~est 30 f~et and the South [5 teac of The East 135 feet for Road Rtsht-oJ-~ay of the Eollovtns described parts! of land: Lots 41, 42 and pert o! Lot 60, iNDUSTRIAL VILLAC£, an unrecorded Plat in Tou-nshtp 49 South, Ranse 25 East, Collier County, Florida, being more particularly described as Corpulence a~ ~he ~est 1/~ corner oE Section 11, To~,mlhip 49 South, Range 25 East, Collier County, £1ortde, thence lions the Ealt-~est l/& ~ina of laid Section Il, as surveyed, N 89° 30' 40" £, t987.83 feet, thence leavin~ laid East-Uccc 1/6 line, N 00' 24' 17" U, 231.29 feet~ thence N 89' 35' &3" £, &95.00 fast~ thence N 00' U, 125[.06 feet ~o the Point of Beginning| thence continue N 00e 2&' 17" ~, 170.00 feet: ~hence N 89° 28' ]8" E, 165.00 feet to the North-South !/4 line of said 11; chance &lan8 said North-South [/4 line, S 00' 2~' 17" £~ [70.O0. faetl [hence leavens said Norc~-South 1/4 ~tne, S 89* 28' 18" U, 165 O0 feat to the Point ~eBtnntnB. . P~oJ£cr: ?)JtCEL: x~ix~F 93 2~ EAST P,g 1638 '00 I ~9 OR BOOK PAGE _ _ _J 4 C eoutcy,,,~:O P.O.8. = $~9' r..o-r 15 4,0 NO. THIS IS A'SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT A UR~Fj_fr.¥P , NOT TO SCALE. R; ~'ROFr. S~ lO! DATZ :..~_~..,~ 12769 Road Rig.he-of-Way Easement P~OJ£CT: EXHIBIT "A" ~c~: SECTION ~t, TOWNSHIP ~9 SOUTH, RANGE 2s EAST COLLIER COUNTY, FLORIDA LEGAL 'DESCRIPTION The ~'es: 30 feec for Road Rlgh~-o~-~a~ o~ ~he ~Xo~ng ~s~r~4 p~rc~l og l~n4: Collier County, Florida: Thence alon~ the Easc-~;esc l/~ l~ne of'said Section Il, as surveyed, N 89' 30' ~0" E, 198?.83 feet; Thence le~vin~ sai~ Ease-Vest l/& lin~, ~ 00' 2&' 17" ~', 231.29 fete; Thence N ~9' 35' t3" E~ &95.00 f~tc; Thence ~ 00' 2&' 17" ~;, 1~36.06 feec co ch~ Point of lt~lnnin~; Thence concinu~ N 00' 2&' 130.00 feet Co the South ~l~ht-of-gay lln~ of J & C Boulevard; ~enc~ alon~ said South Rl~h~-of-l~y line, N 89' 28' 18" E, l&).00 fee~ to ~he North-South l/& lin, of ~14 Section l l. Thence leavinI said South Right-o~-lTmy line and along s~t North=South 1/& l~ne S 00' 2~' 17" Z, )30.00 ~eet) Thenc, leav~n~ saL4 No,ch-South l'/& l~ne, S 89' 28' 18" l;, 16~.00 ~eec Co th~ Po[nC of Be~(nnLng. PR.~ISTU X~F-~X 9 3 OR BOOK PAGE J L C - . . · L? 0 ,HIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS IS NOT AtURVEY. NOT TO SCALE. .... m '7 Underground Drainage Easement PROJ£CT: l'~ttSTU EXHIBIT "A" ~cr~: xx~-,~:~a 93.~ SECTION ~l , TOWNSHIP ~ SOUTH, RANGE ~ EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION underground drainage easemen: over the Northerly 15 fee~ of the Southerly 30 feet the Easterly 135 feeC of the follovin~ descried ~rcet of land: Lo~s ~1, A2 and par~ of to~ AO, X~DUSTR~AL V~LLACZ, am unrecorded Pla~ lm Sec~iom lt, To. ship A9 South, Range 25 Eas~, Collier County, Florida, being more particularly described as follovs: ' Co.ante a~ the ~est l/l corner of Section I1, Tovnshtp 49 South, Range 25 East, surveyed. N 89' 30' 40" Z, 1987.83 ~eet, thence leavtnl laid Za~t-~e~t l/& l~ne, 00' 24' [7" U, 231.2q feetl thence N 89' 35' &3" Z, &95.00 feet; thence N 00' 2&' 17" ~25~.06 feet to the Point cf Beltnntn2: thence continue N 00' 2~' 17" U, 170.00 feet: thence N 89' 28' ~8" ~, 165.00 feet to the North-South l/& line of said Section ~hence alon8 said North-South I/& line, S 00' ~&' ~7" ~, 170.00 feet; thence leavin~ said North-5outh [/& line, S 89' 2~' 18" U, ~65.00 feet to the Point of Beginntns. . aol638 001293 OR BOOK PAGE / ' ~. Eo.c. ~ r.w AG ~ TH~S iS A SNETCH OF THE LEGAL DESCRIPTION. THIS tS A ;Uabg . 0 ~ ' NOT TO SCAL[. .~.-' ... PP~P~%~ BT: ~ , · ~ · '.' ~SPORTATION DITZSZO~ CB13) 77G-8260 OX~ ~~e q I D~a~nage ~aeemen~ : EXHIGIT "A" ~c~ ~ ~.: SECT[ON IL , TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION The £ast IS feet of the North 140.00 geet for Dritnl~e £1senent o( che £olloutng described parcel of lind: Lots &l, 42 and part oE Loc 40, ~NDUSTRIAL VILLAGE, In unrecorde4 ~llc Tou-~sh~p ~9 South, ~ln~e 25 East, Collier County, £~rSda, be~n~ more parc~culicly Commence lc the Vest 1/4 corner oE Section ~, Township G9 South, XanKe 25 £asc, Collier County, Tloride, thence alon~ the £asc/V,sC 1/4 line as surveyed, N 89' 30' 40" E, ~g87.83 EeeC, thence lelv~ng sn~d £asc-Vesc N 00' 24' l?" V, 2~1.29 ~eec; thence g 89' 35' G3" £, G95.00 feet; chencq N 00' 24' ~?" ~, ~251.06 feec co the Point o~ ~eSinnins; thence continue N 00' 24' ~?" ~, ~?0.00 ~eec; thence N 89' 28' 18" £, ~65,00 EeeC Co the North-South I/~ line oE ie~d Section 1~; thence llong said Rorch-South ~/& line, S 00' 2~~ ~?" £, ~?0.00 ~eec; thence leaving said North-South l/~ line, S 89' 25' 18" ~, ~65.00 fee'c nnl638 00129 ORBOOK PAGE · A ITF THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS :.IS : NOT AISUFLVEY. NOT TO SC'ALE. .:,;~"~":'~'- :-~u,s~o.~Atzo. sz~vzcEs ~zvzszo. ~ ~. /2 ~ '"~ :..~ "'"' ~'~uu~,~ ~~ ~u~ 3~0~ ~ ~ , (813) 77~-~260 ~,~.' ~ "~' PROJECT: EAST · D~.a~nage £asemen~. EXHI~IT "A" SECTION ~ , TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY~ FLORIDA LEGAL DESCRIPTION CoZener County, T~or~d=; Thence IZon~ ~he ~=sc-~es~ 1/~ ~Lne off's3~d Sec=~on ~1, as su:veye~, N 89' ]0' 4~" [, 1987.8] ~eec; Thenc, leavinl'slid [~sc-l~es~ l/~ line, N 00' 2~' 1~" I;, 2]I.29 ~eec; Thence N 89' 35' ~3" E, 495.00 ~eec; Thence . N 00' 2~' 17" ~;, 1~]6.06 ~eec co cbt ~oinc o~ ae~innin~: Thence continue N 00' 2~' 17' ~, 1]0.00 [eec co ~he South Right-of-Way line o~ J & C Boultvardi Thence nlon~ said Sou~h li~hc-o~-~ay line, ~ 89' 28' 1O" E, 1~.00 ~ttt ~o the Notch-South ~/~ line of said Section 11, Thence leaving caid S6uth Rl:hc-o~4~ay line and alon~ said North-So'otb 1/~ line, S 00' 2~' 1~" ~, ILO.00 ~eec; Thence lelvinI Said ~or~h-~ouch 1/~'line, S 89' 28' I~" I~, 16S.O0'~ec ~o ~he Point og ~.gtnnin~. P IL'-! S T U ~:N:x:~Oc g3.2 ri111838 1101295 OR BOOK. PAGE ) Ro. C. b 81' 35' .~. ~. ,f 9~,00· , :~.p THIS IS A SKETCH OF' THE LEGAL DESCRIPTION. THIS IS NOT A NOT TO SCALE. .. .2301 E. T~LL~Z ~IL' -~,.,.~-~ RIC~ I© JOINT MOTION FOR STIPULATED FINAL JUDGMENT Plaintiff and Defendants, by and through their undersigned counsel, hereby Stipulate to the foregoing Stipulated Final Judgment as to Parcel Nos. 93, 93.1 and 93.2. ~ Laurel Oak Drive, Suite 710 Naples, Florida 34108 Phone: (941) 566-3131 Florida Bar No. 372641 Naples, FL 34112 Phone: (941) 774-8400 Florida Bar No. 374091 Dated: c~'-'/?-~' ~ ATTORa\rEY FOR DEFENDANTS, RICHARD B. & JUDITH SIZER ATTORNEY FOR PLAINTIFF 4 No. Sl ? 0 b EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 291 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. GEORGE VISNICH, et al, CASE NO. 91-2776-CA-01-DRM. (PINE RIDGE INDUSTRIAL PARK MSTU). O..llJ1,.l~lI.~l~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 291 in the Pine Ridge Industrial Park MSTU in the lawsuit entitled Collier County v. George Visnich, et al., Case No. 91-2776-CA-01-DRM. CONSIDERATIONS: On October 23, 1991 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Industrial Park MSTU Project No. 68064. On November 6, 1991, Collier County deposited with the Registry of the Court the sum of Two Thousand Dollars ($2000.00) for Pan:el No. 291 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 91-301). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Two Thousand Two Hundred Filly Dollars ($2,250.00) to be paid to the Defendant as full compensation for the property rights taken as to Parcel No. 291. The Stipulated Final Judgment also provides that Collier County shall pay the Defendant's reasonable attorney fees and costs in the amount of Two Thousand Five Hundred Dollars ($2,500.00). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) with the Registry of the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. 'FISC~ IMPACT: Cost: $4,617.00; to be obligated in the budget for FY 97/98. Fund: (132) Pine Ridge Industrial Park MSTU Cost Center: (112550) Pine Ridge Industrial Park Project Number: (68064) Pine Ridge Industrial Park 5EP 0 lg 8 Executive Summary CC v. George Visnich, et al. (Parcel No. 291) Page 2 A summary of the costs associated with this transaction is as follows: * Stipulated Final Judgment $2,750.00 * Fixel & Maguire (outside counsel) $1,735.00 * OCPM ~132.00 Total $4,617.00 Funds available for this obligation are contained in the reserves of Fund 132. Therefore, approval of a budget amendment will be necessary whereby Funds will be transferred fi.om Fund 132 reserves to the appropriate expenditure categories for this obligation. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONi That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the necessary budget amendment for this obligation; and 3. approve the expenditure of the funds as stated; and 4. direct staffto deposit the funds into the Registry of the Court. /~are.d by: , Rodney C~Wad e Assist~fit County Attorney 'Harry Huber. Project Manager III Office of Capital Projects Management Date Date Ed Ilschner, Administrator Public Works Division Date Approved by: David C. Weigel County Attorney h:/csc/cx summary/CC v, Visnich Parcel 291 Sizet Date IN THE CIRCUIT COURT OF THE ?WENIIE~H ru'DICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, GEORGE VISN'ICH, et al., Defendants. Case No. 91-2776-CA-01-DRM Parcel No. 291 STIPULATED FIN.M. JUDGMENT TI-IlS CAUSE having come before the Court upon Joint Motion made by Plaintiffand Defendant, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 291 in the above-styled case, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Plaintiffis the full compensation due the Defendant, RICHARD B. SIZER and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADIUDGED that the Defendant, RICHARD B. SIZEK, has and recovers fi.om the Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Two Hundred Fifty Dollars (S2,250.00) for Parcel No. 291, road fight-of-way easement, as full payment for the property, interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further EXMIBIT AGEND~ ITg~l SEP 0 1558 ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall pay Defendant's, RICHARD B. SIZER, reasonable attorney fees and costs in the total mount of Two Thousand Five Hundred Dollars ($2,500.00), subject to the approval of the Board of County Commissioners. No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 291; and it is further ORDERED that the Plaintiff shall deposit the additional sum of Two Thousand Seven Hundred Fi~' Dollars (52,750.00) into the Registry of this Court within 30 days from the date of Stipulated Final Jud~m-nent, subject to the approval of the Board of County Commissioners; it is further ORDERED that the Clerk of this Court shall disburse the sum of Tv,'o Thousand Two Hundred Fift?' Dollars (52,250.00) to RICHARD B. SIZER, c/o J. Christopher Lombardo, Esquire, Trust Account, Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 710, Naples, Florida, 34108, less any amounts previously paid; it is further ORDERED that the Clerk of this Court shall disburse the sum of Two Thousand Five Hundred Dollars ($2,500.00), being the Defendant's attorney fees and costs, to J. Christopher Lombardo, Esquire, Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 710, Naples, Florida, 34108; it is further ORDERED that the property interest taken as Parcel No. 291 (road right-of-way easement) being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiffpursuant to the Order oft 'aking dated October 23, 1991 and the deposit of money heretofore made, is approved, ratified and con.finned; and it is further 1558 z.[ ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. DANI~.J.R. MONACO Circuit Court Judge conformed copies to: J. Christopher Lombardo, Esquire Joe W. Fixel, Esquire Rodney C. Wade, Esquire CERTIFIED COPY, E. Weber, Legal Asst., Count3,.' Attorney's Office Charge to: OCPM - 113-112550-68064 Bookkeeping ENDA ~T~ 5£? 0 b 19S8 ROAD RIGHT-OF-WAy £A$£M£NTS P~OJ£CT: Parcel 291 EXHIBIT "A" Px~cm.: SECTION [[ , TOWNSHIp 49 SOUTH, RANGE 2s EAST COLLIER COUNTY, FLORIDA ' LEGAL DESCRIPTION parcel of land: . Lots 46, ~?, 72 and 73, INDUSTRIAL VILLAG£, an unrecorde~ PI~ ~a-$ectton 11, To.ship &9 ~ouch, hng, 2) ~a~t, Coll~er County, Flor~da,.be~ng more particularly described as follov~: Co~ence aC the Vesc l/~ co.er o~ ~eccio~ 11, To~shtp ~ South, ~nge 25 ~asC, Collier County, Florida= thence alon~ the Ease-Vest l/t l~ne o~ said Section Il, as su~eyed, N 89' 30' ~O" E, 1987.83; ~ence leaving said East-Vest l/G line ~ 00' 2~'.17" ~, 231.29 ~ee:; thence N 89' 35' ~3" K, 165.00 fee:, tEence ~ 1035.00 feet to the Point of BeginnerS; ~ence cone:nut N 00' 2~° 17" ~, 160.00 feet; ~ence E 89' 25' a3" Z, 330.00 ~eet; ~ence S 00' 2~' '17" E, I~0.~0 feet; S 89' 3~' &3" V, 330.00 feet to the Pointer Beg~nn~flg.' Ro.¢. AGENDA ITl No. _J..~ TH,S ,s A S ETCH OF THE LEGAL DESCF ,PT,ON. TH, ,',SINO.'Ca. ,' NOT TO SCALE. .. · - ~LL~.CO~ ~~ (813) 774-8260 JOINT MOTION FOR STIPULATED FINAL YUDGMEN'T Plaintiff and Defendants, by and through their undersigned counsel, hereby Stipulate to the foregoing Stipulated Final Judgment as to Parcel No. 291. Naples, Florida 34108 Phone: (941) 566-3131 Florida Bar No. 372641 3301 Ta~ami Trail East Naples, FL 34112 Phone: (941) 774-8400 Florida Bar No. 374091 Dated: <~'-/7- ~,"~' Dated: ATTO~N'EY FOR DEFEND,&\"I', RICHARD B. SIZER ATTORNEY FOR PLAINTIFF 4 AG EN DA I,~T~Eiy! ~ APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30~ AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90- 30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $130 per year for each Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bills. FISCAL IMPACT: $110.26 per equivalent residential unit, expected to generate $5,998,294 of revenue in FY 1999 in account #473-173411-343415. GROWTH MANAGEMENT IMPACT: NA AGENDA ITEM No._ SEP 0 8 1998 RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. ! Teresa"A. Rie~n, Revenue Manager Department of Revenue Jo A. Yonkosky,,'~lrem~irect, DATE ' _ ( / t. ,"~ - REVIEWED BY: '.~('.. '.J,. ;"L ( ~ Leo Ochs, :~Jr. ,',~drni'ntstrator Support Services DiviSion DATE" -" ' TAR:pc ~ ~[xSu~'~St 1 ADDr~.ng Alii'Il RESOLUTION NO. 98 2 ? Io 11 12 21 22 23 26 29 3O .~1 32 36 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 1773632, FLORIDA STATUTES, FOR SOLID WASTE DIS',RICT NO. I MHNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30. as amended, creating two (2) Municipal Service Beneht Units in the unincorporated area of Collier County for the purpose of providing and regu;a:'ng Solid Waste Collection and Disposal Services. and WHEREAS, the County intends to finance the Sohd Waste Collection and D~spcsal Services through the levy of special assessments (non-ad valorem assgssments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and d~sposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building. 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 8, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: AG~ NOA IT[Iq SEP 0 8 1998 SECTION ONE... The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Beneht Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as lo the equalizabon of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and d~sposal services for Solid Waste District No. 1 Municipal Service Beneht Unit for FY 1998/99 is $110.26 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION 'r'wo. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in Ihe preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk 1o the Board, Minutes and Records and are I ._ t 7 /~ I SEP 0 8 1998 located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT ONE. 4 5 6 7 8 9 II 13 15 17 18 19 21 ~2 23 24 27 29 3~ 31 32 34 35 36 37 38 39 41 42 43 44 48 49 lJegmnmg at the ~ntersechon of the North hne or Section 6. Township 48 South, R~mgo 25 East also known as the l~e. Colher County hne and the eastern ~horehne of the Gul~ or Mexico: thence East along ~,e.Colher County hne to the northeast corner of Section 12. Township 48 South, Range 2(; East; thence South along the easterly hno of Range 2(~ East, 'l'ownsh~p 48 South to the southeast corner of Sectmn 24, Townshq~ 48 South, I[ango 2G East; thence east along the soulh hne Sections 1~) and 20, 'l'ownsh~p 48 South, Range 27 East to the southeast c,rn~r or S~,ctmn 20; thence north along the east hne of Sectmns 20. ;.rd 8 ut'l'-wnsh~p 4H S.uth, Range 27 l.;=~st to the ~uutheust corner St. ct~on 5, Township ,18 South, Range 27 East; thence easterly al~mg the south hne oFSocbons 4, 3, 2 and 1 of Township 48 South, Range 27 East to the southeast corner of Sectmn 1, Township 48 South, Range 27 East; thence north along the east line of Sectmn 1. Townshq) 48 South, Range 27 East; H~ence north along the east line oFSect~ons 3G and 25, Townsl.p ,iT South. Range 27 East to the southeast corner of Section 2,1, 'l'ownsh~p .i7 South. Ra~ge 27 East: thence ennterly along the south hne of Sections Il), 20 a~d 21, 'l'ow~shmp ,t7 South, I(~mg(, 28 East to the southeast cor~or of N~.ct~ot~ 21. 'l'ow~H~U~ dT South, Range 28 East: thence s~utherly ;dong the west hne oFSectlons 27 and 34, 'l'ownsh)p 47 South, )(a~e 28 E~st and continuing southerly along the west hne of Sections 3. 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence south along tim west line of Sections 3, 10. 15, 22, 27 and 34, Townshq) .il) South, Range 28 East to the southeast corner of Sectmn 34; thence easterly alon[ tho south hne of Sectmns 34, 35 and 36, Township 4~ South, Range 28 East; thence east along the south hne of'['ownslup South, R;inge 29 East and Township 4~ South. Range 30 East to the southeast corner of Sectmn 36, Township 4~) South, Range 30 East, being also the centerhne of Alligator Alley (1.75); thence continuing easterly ~)lo~g the centerhne of ~hgator ~ley (I.75) to the northeast corner of St,etlon .1. Township 50 South, Range 31 East: thence southerly along the e~s[ section hne of Sections 4, 9. 16, 21.28 and 33, Township 50 South, l[(~nge 31 East: thence southerly along the East ~chon hne of Sectmns 4. 9. IG, 21, 28 and 33, Township 51 South. Range 31 East; thence southerly along the east section line of Sections 4, 9, 1G, 21, 28 and 33, Tc~wnshq) 52 South, Range 31 East: thence ~utherly along the east sect)on hne o~Scctmns 4, 9, IG, 21, 28 and 33, Township 53 South. Range :~ 1 East to the Colher. Monroe county line; thence westerly along the sa~d county lint. to the easterly shoreline of the Gulf of Mexico; thence Wesh~rly and Northerly along the waters of tho Gulf of Mexico ~ the lx~e-Colher county line t,e~.g the north line of Sect)on 6, Townshq~ 48 South, l(ange 25 East and being the I'omt of Ih,ginning. ~ss and except ~11 the Innds l~a~d w~thm the corporate hmits of the C~ty of Naples and Everglades City. Also, less and except those hamer islands as descrfl~ed in Ordinance No. 90.30, as amended. SECTION THREE~ Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be bdled. SEP 0 8 1998 SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or sh&ll not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be laken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE~, All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX The Clerk is hereby directed to record this Resolution, not including the attached Exhibit 'A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit 'A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this, day of ., 1998, after motion, second and majority vote. BY: ATTEST: DWIGHT E BROCK, CLERK 2~ 30 Approved as to form and legal 3 ] suff~j~:iency: / 33 .3`1 [~avicl C.~igel 35 Cou rney 36 nty~tto BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN AG[ 1~10 ~, IT[Il ,.,. /"7 A SEP 0 8 1998 Pg. (~ APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $130 per year for each Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bills. FISCAL IMPACT: $112.82 per equivalent residential unit, expected t'~ generate $430,640 of revenue in FY 1999 in account f/473-173412-343415. GROWTH MANAGEMENT IMPACT: NA No. SEP 0 8 1998 PC. ! . RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. PREPARED BY: * //('L,'~' ~ Teres~'A. Riesen, Revenue Manager Department of Revenue "' ~Jc~, n A. Yonkosky, I~ir~,tor, -- REVIEWED BY: ~' , ': ~ "~ Leo Ochs, Jr., Admin~trator Suppo~ Se~ices DM'Sion DATE TAR:pc F %Exsum~O~st 2 Appfo~g A$~es rcfll SEP 0 8 1998 RESOLUTION NO. 98- 2 3 6 ? 8 9 lO 1! I2 ]3 15 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED 16 I? 18 WHEREAS, the Board of County Commissioners of Collier County, ~9 Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance :o No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the 2~ unincorporated area of Collier County for the purpose of providing and 22 regulating Solid Waste Collection and Disposal Services; and 23 WHEREAS, the County intends to finance the Solid Waste Collection and 24 Disposal Services through the levy of special assessments (non-ad valorem 2~ assessments) against residential units as defined in Collier County Ordinance 26 No. 90-30, as amended, that are benefited by the solid waste collection and 2? disposal services. Said properties are located within the boundaries of Solid 2s Waste District No. 2 Municipal Service Benefit Unit as described herein and in 29 Collier County Ordinance No. 90-30, as amended; and 30 WHEREAS, Section 197.3632, Florida Statutes, requires that a public 31 hearing be held to adopt a non ad-valorem assessment roll for purposes of 32 utilizing the uniform melhod of collection, and 33 WHEREAS, said public hearing was duly advertised and regularly held at 34 the Board of County Commissioners' Boardroom, Third Floor, Administration 35 Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on 36 September 8, 1998. 37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 3~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: No. / '7/¥ SEP 0 8 1998 SECTION ONE, The Board, having met to receive and consider lhe written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll. as to the amounts shown thereon to be assessed against the lots and parcels of land Io be benefited and as to the equalization of such assessments on a basis of juslice and righl, does hereby confirm such preliminary assessment roll which excludes certain residential units lhat are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the umform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 MunIcipal Service Benefit Unit for FY 1998/99 is $112.82 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk Io the Board, Minutes and Records and incorporated herein as Exhibit 'A" The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequenl years shall be on file with the Clerk to the Board. Minutes and Records by September 1" of each subsequent year. SE(jTION TWQ. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk lo the Board, Minutes and Rec)rds and are 9 I0 I1 12 13 14 15 16 I? 18 19 20 21 22 23 24 25 26 28 29 30 31 ................ ,,,~ o~,~ ~v.-,~ u~stJ,ct No. ,' IVlUnlc~pal ~erwce ~eneht Unit which is more padicularly described as follows: LEGAL FOR DISTRICT TWO Begmn,ng at the northwest corner of Townshii~ 47 South. Range 27 gust, Collier County, l"ior.la; tht,n~, east along the ~lher. l~e county hag also the ~wnshq~ hag to the northeast ~rnor of Township 47 South. Range 27 East; then~ north along the ~lher. I~e county hne also the range hag to the northwest corner of 'l'ownshq~ 4B South, Range 28 East; thence east along the Colher. I lendry county hne also the townshq~ hag for Townshq~s 45 and 4G South ~ the northeast corner of Township 46 South, Range 30 East; thence south along tho Colher-llendry county line also the range hne oF Ranges 30 and 31 East ~ the ~utheast corner of Township 49 South, Range 30 East; thence west along the ~wnshq> hne for T.wnshq~s 4D and 50 South to the southwest corner to Section 34, Townshq~ 49 South, Rnnge 28 East: thence north along the ~ct~on hnes to the northwest corner of Sectmn 27. Townslnp 47 South, Range 28 East: thence west along the ~ction hnos to the southeast corner of Section 24, Township 47 South. Range 27 East: thence south along the range hne for Ranges 27 and 28 East to the mutheast corner of Sechun I, 'l'ownshq~ ,18 South, Range 27 East; thence west along the secbons hnos to the southeast corner of Section 5, 'i'ownshq> 48 South. Range 27 East: thence south along tho inchon hnes to the ~utheast corner of Section 20. Townslup 48 South, Range 27 East: thence west along tho sechon hnos ~o the southwest corner of Secbon 19, 'l'uwnslup 4~ South. Range 27 East: thenco north along the range hnes for }tangos 2G and 27 East to tho northwest corner of Townshq~ 47 South, Range 27 East. being the l'umt of Begmmng. ,SECTION THREE. Upon adoption of this Resolution all the special 32 assessments (non-ad valorem assessments) and all special assessments in 3~ subsequent years for Solid Waste Collection and Disposal Services within Solid 24 Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant ~ to Section 197.3632, Florida Statutes, or any successor statutes authorizing lhe .~¢, collection of such non-ad valorem assessments on the same bill as ad valorem 37 taxes shall be billed. 3~ .SECTION FOUR. The assessments shall be final and conclusive as to 3~ each lot or parcel assessed and any objections against the making of any 40 assessable improvements not so made shall be considered as waived, and if 41 any objection shall be made and overruled or shall not be sustained, the 42 adoption of this Resolution approving the final assessments shall be at the final 4~ adjudication of the issues presented unless proper steps shall be taken in a 44 court of competent jurisdiction to secure relief within twenty (20) days from the 4~ adoption of thfs Resolution. i ' I SEP 0 8..J998 Io I! ~ All assessments shall constitute a lien upon the property so assessed from the date of conhrmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due tn the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, ~n the same manner as property taxes are collected ~ The Clerk is hereby directed to record this Resolution, not including the attached Exhibit 'A', in the Official Records of Collier County. A recorded COPY of this Resolution and the attached Exhibit 'A' Ihell be maintained on file in the office of the Clerk to the Board, Mmutes end Records SECTION SEVEN. This Resolution shall 13ecome effective immediately upon ~ts passage. This Resolution adopted this ... second and majority vote I$ 16 i? 21 26 ,,. day of ,1998, after motion. ATTEST' . DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY. CHAIRMAN Approved as to form and legal D-~v'd C. ~l~eigel / County J<ltorne¥ EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE APPROVING PETmON CPSS-98-01, GERALD AND MARION BRAY AND GEORGE CANAAN, REQUESTING TO A SMALL SCALE MAP AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP. D.J~J~]~: The objective of this hearing is to consider adoption of Petition CPSS-98-01, a Small Scale Map Amendment. CONSIDERATIONS: The subject petition is requesting to amend the Golden Gate Area Master Plan Future Land Use Map by expanding the Randall Boulevard Commercial District. The subject property is 2.38 acres in size and Is located west of the existing Randall Boulevard Commercial District and adjacent to the Bog Corkscrew Island Fire Control District Fire Station. The petitioner Is proposing to develop this property as a PUD with rezoning to run concurrently with the Growth Management Plan amendment. The CCPC held their public hearing on this petition on August 6, 1998 recommended unanimously (6-0 with Mr. Wrage abstaining) to forward Petition CPSS-98-01 to the Board of County Commissioners for approval. and FISCAL IMPACT: This is a request to only adopt an amendment to the Golden Gate Area Master Plan Future Land Use Map. Any fiscal Impact would occur at the time of any rezone or conditional use request If the proposed amendment is ~dopted. GROWTH MANAGEMENT IMPACT: This is a request to adopt an amendment to the Golden Gate Area Master Plan Future Land Use Map. There is no Growth Management impact at this time. CCPC RECOMMENDATION: That the Board of County Commissioners approve Petition CPSS-98-01. Ii OENDA ~EM I · 170 PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Comprehensive Planning Manager 'R~rt Mulhere, AICP Services Di~'ector Vincent A. Cautero, AIC'P' Administrator, Community Dev. & Env. Services DATE: ~'-,r~ -~& I GENDA ITEM O. 17C September I, g. 2 ? 9 t4 ?? 2t ORDINANCE ~1~ . AN ORDINANCE AMENDING ORDINANCE 8g.O.~ AS AMENDED. ~'OR THE UNINC, ORI~OF~I~?ED AREA OF' C~LIER COUN~ TO T~ FU~RE ~O U~E M~ AND THE RANL~LL BO~VA~O CO~ERC~ OI~TW~T ~ OF TH~ ~NAOEMENT P~ BY AOOIN~ 2 3a ACRE~ TO THE E~T 1~ OF T~GT ~. QOLDEN GATE ESTATES. UNIT NO ACCORDING TO THE PLAT ~E~EOF. OF RIGO~D IN P~T BOOK T, PAGE~ g ~D 10. OF THE P~L~C ~EGORDS OF 5EVE~BILI~. AND BY PROVIDING FOR ~ EFFECTIVE DATE. Mnn~em~t P~ ~ J~l~ 10, 198~. ~ 28 P~)~ of t~e Plan. ~ 29 ~EREq. pu, su~t ~ Suol~ t63 3~e?(I xc). FI~ Stltutes. t~t Ime~nt 30 C~I,~Qre~ a S~l ~ ~n~nt. ~ 32 32 NOW. THEREFORE GE IT OROAIP4EO ~y I~ B~ Of Co~y C~,~lm~e~ ot ~ Count. 38 Go, Den Gale Area Mltle ~ Gl C~htt C~fl~'l ~fl Me.gaunt P~n The 41 C~lfll of I~e O~en Gale ~11 ~llll~ ~l~, 8~ ~u~ E~fll ot C~hlf Cou~ I 42 Gr~ Mannqe~enl 3 IAGENDA ITEM NO. 17 C September l, 1998 Pg. 3 :0 2~ 31 ~ECTIOI~ ,-'...r..) _%E%,FRA~,t,,r,, If ;.Irr.v DhrOSe Ot DO~ O'q Of t*"l S (.,):cl~:;trlCP:. IS ~'eld If~V,'~hr~ Or [.IqCO,'~:l',JhOrtal by ,tl,~ (.:~,ir! SECTION THREE EFFEC'%'F ~ATE COLLIER COUNt, FLORIDA D,','IGI'4T E E~..OCK. ~LERK FlY .... '~"~-'~eARA U BERRY. CMAIR,:I-A~'-- Ar~P~qC"v'ED A.e, '[¢) ~ Or:~i'.l AriD LE;;AL. 5UFFICIEhlC¥ P.IARjOFt,.Fc. ~,~ ~TUDENT D~S~-fi~ ti' f~RDI/~A~aCE 4 IAGENDA ITEM NO. 17 C September 8, 1998 ~ i i i iii ,Il I ii ii i i I I II I I II I II I I II II II 5 IAGENDA ITEM NO. 17 C r,g. 5 EXHIBIT B RANOALL BOULEVARD · COMMERCIAL 1~4STRICT 2,3~ ACRE PROlaPSED EXPANSION AREA 6 IAGENDA ITEM NO. 17 C September 8. 1998 Pg. (3 TO: FROM: DATE: RE: AGENT/APPLICANT: Agent: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION June 11,1998 PETITION NO. CPSS-98-01, GROWTH MANAGEMENT PLAN AMENDMENT Applicant: Mr, Dwight Nadeau McAnly Engineering and Design, Inc. 5101 East Tamiami Trail Naples, Florida 34113 Gerald and Marion Bray 532 Ibis Way Naples, Florida 34110 George A. Carman 696 10~ Ave. NE Naples, Florida 34120 GEOGRAPHIC LOCATION: The subject property, containing 2.38 acres more or less, is located on Randall Blvd. Between the existing Randall Blvd. Center PUD and the Big Corkscrew Island Fire Station, The parcel lies within the Corkscrew Planning Community within the Golden Gate Area Master Plan. (See attached location map) REQUESTED ACTION: This petition seeks to change the land use designation from Estates to Randall Boulevard Commercial District thereby amending the Future Land Use Map of the Golden Gate Area Master Plan as well as amending Map 6 on page 25 of the Golden Gate Area Master Plan to expand the Randall Boulevard Commercial District by 2.38 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the land use designation of the site so as to allow rezoning to PUD for uses allowed within the Randall Boulevard Commercial District land use designation. However, this review is only to consider the appropriateness of the land use designation change on the subject site, Presently, the above parcel is designated Residential Estates Sub-district and will only allow single family homes and a transitional conditional use. CPSS-98-01 Staff Report 7 IAGENDA ITEM NO. 17 C S ptamber 9, 1998 pg._ 7 MAP I t~ALL BOUI. EVAI~D COMmERCIal4. D~JTlq~CT CoIklr Cou~l~, Flofldl , / // /',/' //// , ' '~ 2.38ACRE PRO OSED [ ~ EXPANSION AREA ~ . ,.//,~ ','~., . ,, .:'v CPSS-98-01 Staff Report 8 IAGENDA ITEM INO. 17 C · I September 8, 1998 lpg. _ ~ SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existinq Conditions: The site is zoned E-Estates and is presently vacant. The entire 2,38 acres is designated Estates Mixed-Use District/Residential Estates Sub-d~strict. Surroundinq Land Use: North: Single Family Homes and Designated Urban Residential within the Oran. ge Tree PUD and Estates Mixed Use District.. West: Estates Mixed Use District. East: Mobil gas station and designated Randall Boulevard Commercial District. South: Developed Single Family Estates zoned property and designated Estates Mixed Use District. STAFF ANALYSIS: Environmental Impacts: The subject property has no significant environmental concerns. The parcel consists of your typical Golden Gate Estates lots with a mixture of both upland and wetland habitat. The Natural Resources Department has reviewed the proposed plan and finds no consistency issues regarding the proposed amendment to the Future Land Use Map of the Golden Gate Area Master Plan. Traffic Capacity/Traffic Circulation Analysis: Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following determination: The ITE Trip Generation Manual indicates that the proposed commercial retail center expansion will generate approximately 2422 trips on a weekday if developed with a shopping center Based on this data, the site generated traffic will exceed the significance test standard (5 percent of the LOS 'C" design volume) on Immokalee Road (CR-846) after trip assignments are made. However, this project's trips will not lower the level of service below any adopted LOS "D" standards within the project's radius of development influence (RDI). The existing single family home that could be built on this tract would generate approximately 10 trips per day, which is 2412 trips less per day than the proposed shopping center will generate. The Transportation Element lists this segment of CR-846 east of CR-951 as a 2 lane arterial road fronting this project. The current traffic count for this segment is 10,456 ADT which results in LOS "C' operation. As a result, the proposed amendment is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Commercial Demand Analysis/Appropriateness of Chan,qe: The updated Appendix 2 of the Support Document for the Golden Gate Area Master Plan, indicates no additional commercial lands are needed. Study Area 3, where this property is located, shows existing commercial zoning of 32.46 acres with a need for 20 acres by the year 2000 which would indicate an excess of commercial zoning. However, the petitioner is correct in that the commercial acreage in Orangetree was counted for existing commercial, but dwelling units and population estimates from Orangetree were not counted. (SEE Petitioner's exhibit entitled APPENDIX 2). The table below shows a revised Study Area 3 based on the addition of Orangetree population/dwelling unit estimates up to the year 2010 completed by staff due to CPSS-98-01 Staff Report 9 IAGENDA ITEM NO. 17 C September 8, 1998 ;';._ 9 the omission cited by the petitioner. Therefore, there is actually only 10.46 acres of existing built commercial in Study Area 3 with a need for approximately 21 acres of commercial needed by the year 2010. Based on existing zoned commercial, there would be an excess of approximately 11 acres zoned commercial. However, the 21 acres of commercial that is needed by the year 2010 shows a supportable square footage of 163,854 square feet, Orangetree PUD is only approved for a total of 60,000 square feet and the existing Randall Blvd. Center PUD is approved for 21,000 square feet. The petitioner's proposal is for a maximum of 20,000 square feet. Therefore, even though the need for additional commercial acreage is not shown, there is a need for additional square footage needed by the year 2010. Based on the existing square footage of approved commercial (81,000) square feet. there is a need for approximately 82,000 square feet of commercial square footage with the petittoner proposing 20,000 square feet of that additional needed 82,000 square feet STUDY AREA 3 ,,1, $88 .1990 1995 :~q)00 2005 :~010 Population Est~matel 1504 1910 3824 5560 6340 7077 Projection Dwelhng Unit Estimate/ 474 603 1206 1754 2000 2232 Projection Per Capita Income Est 9433 9739 10522 11292 11292 11292 Household Income Est 29903 30873 32408 34779 29133 29133 Total Income Est (0001 14174 18616 39094 61001 58267 65040 Retad Expend (000) 6252 8212 17244 26908 25701 28689 %0flncome 4411 4411 44 11 4411 44 11 4411 Sales/Scl Ft 175 09 175 09 175 09 175 09 175 09 17509 Supportable Scl Ft 35708 46899 98488 153678 146790 163854 Total Sq Ft. ~ 5% 37493 49244 103412 161362 154129 172046 Vacancy Floor Area Ratio 0 1746 0 1765 0 1815 0.1867 0 1867 0 1867 Land Requirement 5 6 13 20 19 21 Therefore, changing the designation of this parcel to Randall Boulevard Commercial D~strict to allow commercial zoning would help meet the needs of Study Area 3 for commercial uses, This site would also allow a Transitional Conditional Use on the property due to its location adjacent to an existing commercial and conditional use. However, this parcel would be inappropriate for single family use. FINDINGS AND CONCLUSIONS: · A transitional conditional use, such as a church, school, social or fraternal organization or group care facility, may be an appropriate use for this site. · Single family use is an inappropriate use for the subject parcel due to the existence of commercial zoning and use to the east and a fire station to the west, Based on the Commercial Analys~s for the Golden Gate area, there is additional need for commercial development within this area, CPSS-98-01 Staff Report 10 IAGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 10 STAFF RECOMMENDATION: That the CCPC forward Petition CPSS-98-01 to the BCC with a recommendation of approval. Mary Lei~ Layne / Planner II REVIEWED BY: APPROVED BY: Chief ol' Comprehensive Planning e '," ~ DATE: f" ' / '" '~ ~ P_lar'~ml~.g Serwces Dlrec~:~','~ Vincent A. Cautero. AICP, AdminisIrator Community Development & Environmental Services NOTE: This petition has been advertised for the _Se0tember 8. 1998 , BCC Meeting. COLLIER COUI~I,T~, PLANNI~MISSION: CPSS-98-01 Staff Report CPSS-98-01 Staff Report 5 11 IAGENDA ITEM NO. 17 C September 8, t998 pg._ 11 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER _CPSS-98-01 PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT May 11, 1998 DATE RECEIVED May 4, 1998 March 4~ 1998 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section. 2800 North Horseshoe Drive. Naples, Florida 34104. 941-403-2300 (Fax 941-643-6968). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 91-521 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS GENERAL INFORMATION A. Name of Applicant Company Gerald L. and Marion M. Bray, Address City Naples State Phone Number (941) 532 Ibis Way Florida Zip Code 34110 594-1915 Fax Number Name of Applicant Company Address Georqe A. Carman, A Married Man 696 10th Avenue NE. City Naples State Florida Zip Code 34120 Phone Number (941) 353-0122 Fax Number Name of Agent ' McAnly Enqineerinq and Desi.qn, Inc. · THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company McAnly Enqineenn.q and Des,.qn, Inc Address 5101 East Tamiami Trail, Suite, ,202 City Naples State Flonda Zip Code 34113 Phone Number (941) 775-0723 Fax Number (941) 77.5-9236 Name of Owner(s) of Record Gerald L and Marian Bray, Husband and V~fe, as an Estate by the Ent~retses Address 532 Ibss Way C~ty Naples State Florida Z~p Co(]e 34 110 Phone Number (941) 594-1915 Fax Number Name of Owner(s) of Record Georqe A Cannan A Mamed Man Address 696 10t~ Avenue N E CIty Naples State Florida Z~I~ Code 34120 Phone Number (941) 353-0122 Fax Number CPSS-98-01 Staff Report 12 IAGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 12 Do Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. I1. DESCRIPTION OF PROPERTY LEGAL DESCRIPTION... The East 1/2 of Tract 54, Golden Gate Estates, Unit No. 23, accordin,q to the Plat thereof, of record in Plat Book 7, Pa,qes 9 and 10, of the Public Records of Collier County, Florida GENERAL LOCATION The Southwest quadrant of the intersection of RanCall Boulevard and County Road 846, in Section 27, Township 48 South, Ran.qe 27 East III. PLANNING COMMUNITY Rural Estates D. TAZ SIZE IN ACRES 2.38 F. ZONING I~, E~tates SURROUNDING LAND USE PA'rrERN The subiect property is bounded On the West by the Biq Corkscrew Island Fire Station, and on the East by the partially developed Randall Boulevard Center PUD PresentlY the Randall Boulevard Center PUD lands are partially developed w~th a .qas stabon W~th convenience store, as well as a fast food restaurant, and branch bank, all contained within lhe same structure. FUTURE LAND USE MAP DESIGNATION(S) Golden Gate Estates Mixed Use TYPE OF REQUEST GROWTH MANAGEMENT PLAN ELEMENT(S) TO BE AMENDED: Housing Element Traffic Circulation Sub-Element Aviation Sub-Element Sanitary Sewer Sub-Element Solicl Waste Sub-Element Capital Improvement Element Future Land Use Elemenl Immokalee Master Plan ,, X, Recreation/Open Space Mass Transit Sub-Element Potable Water Sub-Element NGWAR Sub-Element Drainage Sub-Element CCME Element Golden Gate Master Plan AMEND PAGE (S) OF THE ELEMENT AS FOLLOWS: (Use r-_._._ .... *~'....._=.,_~'" to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Golden Gate Estates TO Randall Boulevard Commercial District AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS:(Name & Page #) Map 6, on pa,qe 25 of the Golden Gate Area Mester Plan to expand the Randall Boulevard Commercial District to the West, to include an additional 2,38 acres. DESCRIBE ADDITIONALCHANGES REQUESTED: CPSS-98-01 Staff Report 13 IAGENDA ITEM NO. t7 C September 8, 1998 Pg. _ 13 IV. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1"=400'. At least one copy reduced to 8 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE CPSS-98-01 Staff Report X Provide general location map showing surrounding developments (PUD, DRrs, existing zoning) with subject property outlined. XProvide most recent aerial of site showing subject boundaries, source, and date. X Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. FUTURE LAND USE DESIGNATION X Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands with acreage totals for each land use designation on the subject property. ENVIRONMENTAL X Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. N/A Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) N/A Identify historic and/or archaeological sites on the subject property. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE N N Y N N FOLLOWING: Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006 (1)(a)(2), FAC.). If so, identify area location in ACSC. Is the proposed amendment directly related to the proposed Development of Regional Impact pursuant to Chapter 380, F.S. ? (Reference 9J-11.006 (1)(a)4.a, F.A.C.) Is the Proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S.? (Reference 9J-11.006 (1)(a) 4.b, F.A.C.). Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of populations projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Does the proposed land use cause an increase in density and/or intensify the uses permitted in a specific land use designation and distdct identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? Provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, as it concerns protection of environmentally sensitive land, ground water and natural resources. 14 IAGENDA ITEM NO. 17 C September 8, t998 I~g._ 14 E, PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities' N/A Potable Water NIA Sanitanj Sewer X Artedal & Collector Roads: Name specified road and LOS Naples-lmmokalee Road (CR 846) ID~ 50 LOS B See Traffic Impact Study Fo 3 X Dra!nage Negligible affect S~lid Waste Negligible affect NIA Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.5) X Provide a map showing the location of existing services and pubhc facilities that will serve the subject property (~.e. water, sewer, fire protection, police protection, schools and emergency medical ser,'~ces ) X Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fir= protection and emergency medical services. OTHER Identify the following areas relating to the subject property D Flood zone based on Flood Insurance Rate Map data (FIRM). N/A Location of wetlands and cones of influence, if applicable. (Identified on Collier County Zoning Maps.) , N/A Traffic Congestion Boundary, if applicable ,,,N/A Coastal Management Boundary, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps.) SUPPLEMENTAL INFORMATION $3000 non-refundable filing fee, plus $30/acre for each affected acre for Future Land Use map amendments, made payable to the Board of County Commissioners due at time if submittal. X $1,500 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal X Proof of ownership (Copy of deed) X Notarized Le~er of Authorization of Agent is not the Owner (See attached form) X 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete apolication will be required. *Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"--400' or scale as determined during the pre-applicatton meeting. CPSS-98-01 Staff Report IAGENDA ITEM NO. 17 C September 8, 1998 ~'e. _ 15 NOTICE OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize Mq.Anlv Engineering and Desk=n. Inc. (Name of Agent) to serve es my Agerll in a recluest to amend Ihe Collier Courtly Growth Managemenl Plan affecling property ~dentifieO In Ibis ApplIcahon Signed ~S e e...A..g e__n t L.oI~ e r (N,qme gl Owner(s) of Record) Date: I hereby certify that I have the auttlonty to make the foregoing appllcattoj;f, and lbat the apphCahOn ,s true. correct and complele to the best of ~re ~'rAgenl COUNTY OF { ~ } ~ /Nota~ Pubic ~ CHOOSE ONE OF THE FOLLOWING: x ~o is ~onally kll~n Io me. __ ~o has pr~u~ and X d~d flOI take an Oa~h Owioh! Nadeau Plannmg Director MY COMMISSION EXPIRES UNDA lC ~ '~ EXPIRES APR 18. 2~00 NOTICE - BE AWARE THAT: Floric~a Statute Section 8,37.06 False Official Statements Law states re, at: "Whoever knowingly makes a false Statement in writing with the intent to mislead a public servant in the performance of his off'lcial duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to I maximum of $500.00 and/or maximum ora sixty day jail term." CPSS-98-01 Staff Report 16 IAGENDA ITEM NO. 17 C September 8, 1998 Pg._ 16 k~¢AnJ1, E'n~nee~nll and I:k-~r.. IK ~lOI ~ T~ T~I. ~d~ 202 To ~om h ~a~ C~n to zO is nsent ~ ~ L. ~ M~on M. Bray. ~ ~ A C~n m ~l ~ F~ ~ of T~ 54. ~d~ ~t~ ~t~. U~I N~ 23. ~ to ~ Hal ~ m ~t ~k ?. Piles 9 ~ 10, of t~c R~ oF C~ C~my. L Br~.~ ,s ~ ~ to ~. ~ who d~d ~ t~e ~ oath ~~ Ktzn~ Ora). ~ :S ~On~y knu~ lo ~, I~ w~ t~s ~_ day .. ~ G ', ~'~ CPSS-98-01 Staff Report 17 i: O~NDA ITEM O. 17C September 8, 1998 Pg._ 17 OHIT('I~I%I CPSS-98-O1 Staff Report 18 AGENDA ITEM NO. 17 C September 8, 1~8 Pg._ 18 BASIS FOR APPROVAL R~ndall Boulevard Commercial District Expansion The intent of this request, is to expand the existing Randall Boulevard Commercial District of the Golden Gate Area Master Plan. from Collier County's Growth Management Plan. through a small scale de,,elopment amendment as provided for in Subsection 163.3187 (1)(c). Florida Statutes. Map 6. on page 25 of the Golden Gate Area Master Plan is proposed to be modified to extend the westerly boundaD' of the Randall Boule~,'ard Commercial District ! 60 feet to the west. Please refer to the attached exhibit depicting the proposed expansion which is labeled Map 6. This boundary expansion is intended to accommodate a commercial development opportunity being pursued concurrently ~'ith a Planned Unit Development {PUD! rezoning request with Collier County. Only those limited commercial uses permitted in the Randall Boulevard Commercial District are being provided for in the PUD rezoning petition. Please refer to the attached pages 24. 25 and 26. from the existing Golden Gate Area .Master Plan. The subject 2.38 acre property is located in the southwest quadrant of the intersection of Randall Boule~,ard and the Naples - lmmokalee Road (C.R. 846). in Section 27. Township 48 South. Range 27 East. Collier Count)'. Florida. Further. the subject property is located adjacent and west of the existing Randall Boulevard Center PUD. and adjacent and east of the existing Big Corkscrew Island Fire and Rescue District's south station. Presently. the Future Land Use Designation of the subject properl) is (;olden Gate Estates. as depicted on the Golden Gate Area Future Land Use Map. Please refer to the Future l.and Use Exhibit attached hereto, and made a part of this amendment requesi. All of those commercial land uses provided for in the Randall Boulevard Commercial District are allov~cd ~ithin the existing fi~'e acre Randall Boulevard Center PUD. However. on])' a single, multi- use structure has been constructed on a portion of the PUD propert)' fronting on Randall Boulevard. That multi-use structure houses a Mobil gas station v. ith com, enience store, a fast food restaurant ~ith indoor seating, and a full sen'ice branch bank. This existing development provides limited convenience commercial opportunities to the residents of this rural portion of Collier Count)'. and recei~,es heav.~ patronage. As was described previously, west of the subject property lies an existing fire station, v, hich in its da)' to da)' operation invol,,es maintenance ofemergency vehicles and equipment, the coming and going of personnel, and egress and ingress of emergency vehicles when dispatched on calls. This then leads to the first point of justification for the proposed commercial district expansion: compatibility. The subject property is zoned Estates. which only allows single family residences and family care facilities pursuant to Section 2.2.3. of the Collier County Land Development Code. The subject propert) being sandwiched between two inherently intrusive land uses. and fronting on a major arterial roadway, is not conducive to either a single family home. nor a home for the aged. or similar family care facility. The property is appropriate for commercial development as ~,~ould be provided for with an expansion of the Randall Boulevard Commercial District as proposed. The second point of justification for expansion of the Randall Boulevard Commercial District is demand for con~ enience commercial opportunities in this remote part of Collier County. In 1989. Collier Count) anal)zed the commercial land use needs of the Golden Gate Area using a 1988 CPSS-98-01 Staff Report lg IAGENDA ITEM NO. 17 C September 8, 1998 P~. _ 19 Reynolds. Smith. and Hills stud.,.' as a basis. Please find that Analysis attached hereto, and made a part ofthis amendment request. The subject property falls within Stud)' Area 3. as depicted on Map ! of the Analy'sis. It is clearly shown on Map I. that the Settlement Area~ is not included in Study Area .3. However. Table 3 of the Analysis includes the commercial acreage's ofthe Settlement Area (Parcels 14 and 15). Ambiguity within the Analysis arises when examining Table 7. where the Population Estimates/Projections. and Dwelling Unit Estimate/Projections apparently fail to include the dwelling units and population associated with the Settlement Area. This apparent ambiguity' compromises the Summary/Conclusion oftbe Analysis. wherein the commercial acreage's set forth in Table 9 for Study Area .3 should be reduced by the 22 acres ofcommercial lands identified '*'ith the Settlement Area. Removing those 22 acres then results in a commercial acreage deficit of 2.54 acres, based on the methodology of the Analysis. It should be understood that the Analysis comes from the effective Golden Gate Area .Master Plan. adopted in August. 1992. It also should be noted that Map 6 ,,'as modified (reference Map 8. page 23 of the Golden Gate Area Master Plan:. attached · hereto and made a part of this amendment request), to remove the Neighborhood Centers at the Randall Boulevard/Everglades Boulevard and Everglades Boulevard/Oil Well Road intersections. Justification for the 2..38 acre expansion ofthe Randall Boulevard Commercial District. based on commercial demand, should now be evident. Further examination ofthe commercial needs and Iocational criteria of Stud.~ Area .3. utilizing the updated population projections resultant from the Evaluation and Appraisal Report process, will be reserved for future discussion. In conclusion, the subject property is located adjacent to an existing bus.,,' convenience commercial land use. as '*ell as being adjacent to a fire station. These two existing land uses are typically not found to be compatible with single family land uses, and are usually separated from single family' land uses b)' transitional land uses. Compatibility alone should be justification for granting the proposed commercial district boundao' change, however, as explained above, there is demand for additional commercial land use opportunities to serve the needs of the rural population. In fact. 1997 traffic counts by' the Collier County' Transportation Department on connecting roadways with Randall Boulevard and C.R. 846 show a volume oftraffic which may be captured by commercial land uses v, hich would result from the approval ofthis amendment request. Failure to approve this small scale development amendment could perpetuate the existing land use designation, and limit the property o'*nets' land use opportunities to those presently permitted by Collier County's Land Development Code. Such a result would not be in the best interest oftbe subject property owners. nor '*ould the interest of the rural population of the area be served by requiring traveling substantial distances to satisfy their commercial consumptive needs. Map 6 of the Golden Gate Area Master Plan should be modified as proposed to expand the Randall Boulevard Commercial District to incorporate the subject property. ~ The Settlement Area is a Future Land Use Designation, as depicted on the Golden Gate Area Future Land Use Map, and is a PUD/DRI known as Orangetree, which was "vested" for 2,100 dwelling units and 22 acres of commercial uses, pursuant to a Settlement and Zoning Agreement dated the 27'~ day of January, 1986, resulting from a lawsuit. = The Golden Gate Area Master Plan was amended pursuant to the Evaluation and Appraisal Report process, and adopted October 28, 1997, {Ordinance No. 97-64), but found to be not in compliance with the requirements of Chapter 163, Part II, Florida Statutes, and is not in effect. CPSS-98-01 Staff Report 20 IAGENDA ITEM NO. 17 C September 8, 1998 Pa. _ 20 CPSS-98-01 Staff Report 21 JAGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 21 CPSS-98-01 Staff Report 22 AGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 22 may bo utilized for sinql~-fa~ily re~id~ntidl ~hur~h~5, ~o~ial ac ~ra~rn.~l organization~, chi care t,..r~., ~chool~, ~)d group car~ ~acilitie~. An ion Future ~eighborhood CenL~rG located at the Let- of Golden Gate [$oulevatd and Wilson ~oul and ~il] be completed during tho Evaluation Appraisal o~ o:' both of these Jnt. erooct ~dy be d~;n~ed N~ighboct*ood Centers. Unt such time, thc. 'J, A sing1,_, project shall only 501 of the total allow,_.<! co,-,.-,.~.rc: i a I .~cz'~ago. The ~ay : : t 1'.','-'.:'~':.. ,'~,~: t ,".:., ~::._~l [ t~ ~'..,: ':,~l~:~,,ct ,'.*'.','1:.;,;,..~:,. i / - ) x:,;,.:.'-'..' :." .... "':" '", , :'::,,-~,: "-,,' .,:,~ .,,~. ,,, ,: +. :, .~-,.., ,..~, ,:.,.,,..,,,, ,., , ::.,, ,....:., ..,.~.. {IX) 3. }{anda] 1 I~ouleyard Commercial District ' h, ";")~ !,':, '.; t: ,' A,,.'n l''4t:; I..l:' i t'.;,' H,l~,. ~i I:;,' i,'.',',.;e,~-,.:: ,,': ii.,: 1,1 1.5:' l:',. d::,tri,:: ar,.. nn - 24 - CPSS-98-01 Staff Report 23 IAGENDA ITEM NO. 17 C September 8, lgg8 Pg. _ 23 i RAI'IDAI L ~3OULEV'AR'D-' COMt,'IF:R~,,IAL DISTRICr CPSS-g8-01 Staff Report 24 IN AGENDA ITEM O. 17C September 8, 1998 Pg. _ 24 (X) A. Fro)eot ~hall be emcouraged in the form of u PUD. B. Con~ercial uses shall be 1tel=ed to =he following: 1. Automobile Service SKation. 2. Barber and Beauty Shops. 3. Child Care Centers. 4. Convenience Stores. 5. Drug Stores. C. Food Markets. 7. Hardware Stores. g. lmundries - self service only. 5. Post Offices and professional offices. 10. Repair Shops - Radio, TV, small appliances, Shoes; and Pestauran=s including fast food restaurants but not drive-in restaurants. tl. Sh~pp~ng Center. 12. Veterinary Clinics - no outside kenneling. C. Prc],~ctn shat! provide adequate buffering from residential Projec::~ sha]! =ake provision~ for ~hared p~rking arr.~nge- men=s with a~join~ng developments. ~ setC=LTURAL~RU]%AL - SETTLEME~__A.R~A OISTRICT Con~i~ Sections 1), 1~, 2'~ and 24, Township 48 South, Ran~; K~st (t~~r North Golden Gate Su~ivision), which wa~d and platt~twe~67 and 1970. in settlement of a law--pertaining to the pe~itted ~of ~his ~roperty, this proper~as been "~r ~,e use~ified in .ha. certain~" by Settlement ~~~e ~u~s re~erenced ~at certain S~-~ZENT ~~~ertyMante~ Plan as Se'tlen~nt Are ognized the ro ~rt' a~a~ .an ~d ~h is currentl~; ~ prec~entia~ue or ar ~. Doc. R*~.:: 48151M. A/GM CPSS-98-01 Staff Report 25 i AGENDA ITEM r NO. 17C September 8, 1998 Pg, 25 APPENDIX 2 ANALYSIS OF THE GOLDEN GATE AREA COMMERCIAL LAND USE NEEDS Prepared By COLLIER COUNTY GROWTH PLANNING DEPARTMENT OCTOBER 13, 1989 CPSS-98-01 Staff Report 26 IAGENDA ITEM NO. 17C September 8, 1998 Pg. 26 INTRODUCTION/BACKGROUND As the Golden Gate area continues to experience tremendous population increases, it is anticipated that additional commercial opportunities may be necessary to provide basic goods and services to area residents. Therefore, an analysis of the commercial needs of the Golden Gate area was undertaken. The purpose of the analysis is threefold. First, to document the existing commercial acreage within the Golden Gate area. Secondly, to project future demand and support for commercial land use. Finally, to establish the appropriate spatial distribution and allocation of commercial acreage. In order to provide a more detailed analysis, the Golden Gate area was subdivided into 5 geographic areas. The 5 sub-areas are delineated on Map 1. The basis of the analysis is provided by a 1988 study completed by Reynolds, Smith, and Hills (RS&H) in conjunction with the County-wide Growth Management Plan. The RS&H study provides the base-line data and the methodology used in this analysis. ORGANIZATION OF REPORT The first Section of the study provides an inventory of existing commercial land uses. The inventory documents the location and acreage of commercial land uses within the 5 sub-areas. The second Section outlines projections of the future demand for commercial acreage through the year 2000. An analysis is provided for each of the sub-areas. The final Section details the conclusions and recommendations. CPSS-98-01 Staff Report 27 IAGENDA ITEM NO. 17C September 8, 1998 Pg. 27 GOLDEN GATE AREA MASTER STUI~ AR ~.4.8 COLLIER COUNTY. FLORIDA PLAN CPSS-98-01 Staff Report 28 IAGENDA ITEM NO. 17C September 8, 1998 EXISTING CO~IERCIAL ZONING IN THE GOLDEN GATE AREA 1 3 CPSS-98o01 Staff Report 29 IAGENDA ITEM NO. 17C September 8, 1998 Pg. 29 ]nf~rm,~tion cont~ined in the RS&If Study nerved as th~ ba~;e data which using the Computerized RES. The following Tables summarize the existing commercial acreage in ~ub-area~ I through 3. NO com~erc~a] zon~n~ ~xists in ~ub-~rea~ ¢ and 5. The parcel numbers listed correspond to Hep 2. [,OCATION OF COMi~RCIA~ ACREAGE ZONZN.__q AC~EaG£ O ~V E~O__ZE~. OND£V_ELOp£D C-2 4.06 0 4.06 c-~ ~o.oo ~o.oo o C-3 5.43 i.50 C-4 45.05 9.36 3~.69 C-4 6.55 4.79 ] . 76 C-4 49.36 13.30 36. C-1 23.34 0 C-4 26. 13 26. 13 0 TOTAL 1~1.73 67.21 114. ] '~:.~: . TABLE 2 : I C-2 2.05 2.05 0 Collier County Proper~y TADL£3 !..OC~T. rnN .e~:_~.o_=-t~C! AL AC~ £~C.~; _x N STUDY AR_~_~__~ : 2 PUD 5. O0 0 i ', ;'UD R. 4 ~ - - ~. TOTAL 32. 46 5,46 /".:;&if, l'~. C~)I I :~'r ¢'~;,~nty ;'rope:~? Apprai.n~r's O~'Jic~, 19B9. CPSS-98-01 Staff Repo~ 30 fgGENDA ITEM O. 17C September 8, 1998 : 30 TO,. :~ Puo 2.70 o ~.?o 17 PUD 15 0 15 18 PUD 8 4.25 3.75 19 PUD* 54.26 54.26 20 PUD 30 0 30 21 PUD 15.84 0 15.84 27 PUD 2).51 3.58 19.93 23 PUD 37 0 37 24 PUD 70 0 70 25 PUD 18.70 o 18.70 26 C-4 49.~ Q.9~ 48.5_ Ti)TAb 325.43 63.01 262.42 Source: R$&H,1988 Ccllicr County Property Appraiser's Office, 1989. A review of the existing inventory indicates that a %oral of 541.67 acres of commercial zoning i~ available within and ad}acent to the Study Area. Of the 541.67 co,"~ercially zoned acres, 403.92 is undeveloped. A majority Of the unOevcloped commercial is in close prc.×imity to Study Area 1. pI~O3ECTION$ OF FUTUR~_COMME_R_CI_A~_ Ti;,:. sec%ion docu.~ents projec=ion~ of future c0mr.~rc~al land use ':I',,-, £c.!lo'-'in9 '7.'::'.les -.umm;:ri:~u the denJnd for ccr. mercial acreage for ~.ach ~f ire S:udf Area5 ~ through 4. An analysis n~: completed due to the low potential rot addition.~l re~;ident~. A d,...~:'iption of the m~thodo]ogy follow% the tables. .COMME~.CIAL L~p.U.S.![: R£Q%~.IR£MENT FOR STUDY Popular ion £at imale/Project ion 16,164 ; ,.~:' C.tpl%,! i~c(~r,.' Estimate $12,649 l{ou:;,.hold Income E:;timat~ $32,614 Totul lncow,. P~tlnd%0 (O00} 9204,45& Retail Fxpen-liture (000) $ 90,187 % of Inr::~nc 44.11 S,l!r~ ~,~r ::~;. Ft. :;u~,po:'t.tt 1.. :;:'[.F't. 519, ':'~,L.J] Sq.i't . {' b~ Vacancy Floor Arc,~ i;.t[io . 1746 k~_gq ~99! zooo 19,564 26,861 29,472 7,9a3 10,411 !1,423 $13,0~9 $14,109 $15,141 $33,695 $36,401 539,064 $255,506 $378,982 $446,2]6 $112,794 $167,169 $~96,835 44.] I 44.11 44.11 $175.U9 $175.09 $175.09 643,690 954,760 I, ]P4, lqO 675,R;4 1,0D2,49~ .176b . 1815 . 1867 88 127 145 CPSS-98-01 Staff Report 31 Ig GENDA ITEM O. 17C September 8, 1998 · 31 TAP, I,E 6 D~elll~ Unit Total Income Estimate (000} % of income Sa~es per Sq.r:, Supportable Floor Area Patio lan~ Reguiremen; in Acres 1988 1_3.!0 1995 ~0_00 3,240 4,028 5,74~ 7,380 1,]13 1,384 1,975 2,536 $10,456 $10,796 511,663 $12,517 $30,427 $31,416 $33,939 $36,424 $33,877 $43,4~6 $67,039 $92,3'/~ S14,943 $19,1S2 S29,16~ $40,747 44.Z[ 44. 1~ 44. ~1 44oll $175.09 $175.09 $17~.09 $175.09 85,347 109,554 166,594 232,719 89,614 1~5,032 174,923 244,355 .1746 .1765 .1815 .1867 12 15 22 30 TABLE 7 ~--M£~.L..L~D.__U_SE_~EOUZR~MENT FOR STUDy AR~_.~ POP'J I :~: i O'~' E~t imat~- / f'ro }ect ion 1,504 1,910 2,ROR 3,650 ::'-',':l~ng Unit E.~.t[mat,./ 474 603 8~6 1 151 Per C.3pi%a Income Estimate $9,433 $9,739 $10,522 $11,292 ..~ ..... n.d rncone Estimate $29,903 $30,8;3 $33,355 $35,796 F,.t.,i[ }>,:~,~';..t.lu:',_, {009} $ ';,;'%~ ~,2rjf, 0!3,0~3 . . : in. it',::.,.. ,i,;. 11 44.11 .14.11 4.1.11 '*'.t ~! :;:l. }'1. a ,,l v.ic,::,"}' 7'1,"2~' 49,203 7g, 1SC ~'i~cr ar,.a }.:.t%io .1746 .1765 .1815 .1867 · ..~ ....ke~u:t,~mer:t in Acr,~ 5 6 I0 13 TABLE 8 COmmERCIAL LAND U~u[i_REQU~R~.E~ FOR STUDy AREA 4 272 345 ',ca b60 CPSS-98-01 Staff Report 32 AGENDA ITEM NO. 17C September 8, ~998 Pg. 32 METHODOLOGY The methodology used to determine future commercial land use requirements is similar to the one used in the RS&H Study. The various components employed by the methodology are described below. POPULATION ESTIMATES AND PROJECTIONS 1980, 1988. 1995 and 2000 estimates were respectively obtained from the U.S. Census Bureau and the Collier County Comprehensive Planning Department. Projections of future population were based on high range for five years and medium range County-wide population projections developed by the Bureau of Economic and Business Research (BEBR). BEBR's County-wide totals were disaggregated based on a share of growth from 1980 to 1995 as indicated by Certificates of Occupancy. All estimates and projections reflect permanent population figures due to few opportunities for seasonal residents. DWELLING UNIT ESTIMATES AND PROJECTIONS Dwelling unit estimates and projections were developed by dividing population estimates and projections by person per household figures. Person per household figures for each sub-area were obtained from the 1980 Census. PER CAPITA INCOME PROJECTIONS Per Capita income projections were obtained from the RS&H Study. Projections for each of Collier County's 12 planning communities were developed. However, Study Areas 1 and 2 incorporate more than one planning community. Therefore, a weighted average per capita income average based on population was developed. Per capita income figures for Study Areas 3, 4 and 5 were not adjusted. HOUSEHOLD INCOME Household income was determined by multiplying per capita income by average household size. TOTAL INCOME Total income was estimated by multiplying household income by the total number of dwelling units in each Study Area. RETAIL EXPENDITURES Retail expenditure forecasts were based on RS&H's estimate that 41.11 percent of total household income is used for retail expenditures. The 41% figure was derived from actual retail sales data for Collier County from the Census of Retail Trade as compared to available income. RETAIL DEMAND BY AREA Acreage requirement is calculated as follows: Divide projected sales by sales per square foot to determine supportable square feet. CPSS-98-01 Staff Report Multiply supportable square feet by 1.05 to account for 5% vacancy factor. 33 IAGENDA ITEM NO. 17C September 8, '1998 Pg. 33 Divide total square feet by 43,560 (square feet per acre) and then by floor area ratio (FAR) to determine acreage requirements. The FAR is a measure of density and is the ratio of floor area to land area. Sales per square foot and FAR's were obtained from the RS&H Study. The sales per square foot was determined by dividing the total retail sales in the County by the number of square feet of retail space. The FAR was estimated by using actual building to land ratios established from the inventory. The FAR was adjusted for future years to account for an increasing density. SUMMARY/CONCLUSION The table below outlines the existing commercial acreage and the future demand for commercial acreage for each of the sub-areas. TABLE 9 YEAR 2010 PROJECTED COMMERCIAL ACREAGF STUDY AREA EXISTING COMMERCIAL(I) ~EQUIREMENTS(2) DIFFERENCE 1 181.73 145 +36.73 2 2.05 30 -27.95 3 32.46 13 +19.46 4 0 2 -2 Based on Table 9. it is apparent that sufficient commercial zoning exists within Study Areas 1 and 3 to serve the population through and beyond the year 2000. However, the analysis demonstrated that Study Areas 2 and 4 could support additional commercial acreage. The analysis also recognizes that the zoning and land use pattern in Study Area I is unique and several Study Areas have limited opportunity for professional office development. Moreover, the Golden Gate area lacks a true entranceway and "downtown" as a focal point. As a result, limited professional office development to provide a focal point and entrance into Golden Gate city may be appropriate. CPSS-98-01 Staff Report 34 IAGENDA ITEM NO. 17C September 8, 1998 Pg. 34 RANDALL BOULEVARD COMMERCIAL DISTRICT ,, ,. ,,., ..',,. N,\. \,.,'- ,, ,. ,..,... '~, . '.APLI.~ H:~OKAL;£ ROAD' · , / "/'/ .// ,- · .' RANDALL BOULEVARO, -' ~., ,.- LEGEND t i !. : ;.~t~,'~. ". 23 CPSS-98-01 Staff Report 35 IAGENDA ITEM NO. 17C September 8, 1998 pg. 35 CPSS-98-01 Staff Report 36 I.~GENDA ITEM NO. 17C September 8, 1998 Pg. CPSS-98-01 Staff Report 37 AGENDA ITEM NO. 17C September 8, 1998 Pg. 37 TRANSPORTATION IMPACT STUDY FOR MIR -MAR A PLANNED UNIT DEVELOPMENT Prepared By: McAnly Engineering and Design, Inc. & Gerald L. Gronvold, PE,PSM FL. Reg. No. 23971 April, 1998 CPSS-98-01 Staff Report 38 IGENDA ITEM O. 17C September 8, 1998 g. 38 INTRODUCTION TRANSPORTATION IMPACT STUDY MIR-MAR PUD COLLIER COUNTY, FLORIDA This report has been prepared to document the impact of traffic that will be generated by the proposed redevelopment on the area roadways. ~n analysis has been conducted to determine if adequate roadway capacity exists on impacted links to serve the new trips that will be added due to the redevelopment of the project site. The proposed redevelopment site is located on Immokalee Road (CR 846), in the southwest quadrant at the intersection with Randall Boulevard. The 2.38 acre site lies adjacent and east of the Big Corkscrew island Fire Station, and west of a Mobil station. See Vicinity Map for location. EXISTING CONDITIONS The 1997 Annual Daily Counts are shown on Map A and Map B. This information was obtained from the Collier County Transportation Services Division. TRIP GENERATION Trip generation estimates for the proposed land uses was derived by application of the formulas found in the ITE publication Trip Generation, Sixth Edition. Using these formulas and rates for a weekday and peak hour, the new trips to be generated by this development are as shown on Table I - Trip Generation. Three sets of land uses were used in the analysis. The first set used a mixture of ten uses. The second set used a mixture of five uses, including a 10,000 square foot shopping center. The third set used included a 20,000 square foot shopping center, which is the most probable ultimate utilization of this land. Table I - Trip Generation, lists the results of the computations. CPSS-98-01 Staff Report 39 IAGENDA ITEM NO. 17C September 8, 1998 Pg. 39 TABLE I - TRIP GENERATION USE SIZE 24 HOUR AM PEAK, HOUR TWO-WAY ENTER EXIT VOLUME PM PEAK, HOUR ENTER EXIT Hardware/Paint Store 24-hr. Convenience Store General Office Day Care Center Drive-In Bank Furniture Store High Turnover Restaurant Apparel Szore Clinic Medical Office 2000 SF 103 5 5 5 4 2000 SF 1476 63 67 51 54 2000 SF 22 3 i I 3 2000 SF 159 14 13 13 15 2000 SF 530 14 11 55 55 2000 SF 10 1 1 1 1 2000 SF 261 I0 9 13 9 2000 SF 133 2 1 5 5 2000 SF 63 5 5 5 5 2000 SF 72 4 I 2 5 TOTAL High Turnover Restaurant Hardware/Paint Store 24-hr. Convenience Store General Office Shopping Center TOTAL Shopping Center 20000 SF 2829 121 114 151 156 2000 SF 261 10 9 13 9 2000 SF 103 5 5 5 4 2000 SF 1476 63 67 51 54 4000 SF 44 3 1 1 3 10000 S? 1551 6 4 18 19 20000 SF 3435 87 86 20000 SF 2422 12 8 88 89 36 38 Shopping Center Equation Ln (T) =0,643Ln (X) +5. 866 2421.7746 (20000 SF) 1550. 8668 (10000 SF) CPSS-98-01 Staff Report 40 i AGENDA ITEM NO. 17C September 8, 1998 Pg:, 40 SITE IMPACTS According to Collier County's Capital Improvement Element, FY 98 to FY 02, Immokalee Road from Wilson Boulevard to CR 858 has an adopted Existing Road Service Volume of 15,800 trips. The 1997 Traffic County by Collier County shows a count of 8,619. With the understanding that traffic for commercial development is attracted to the site rather than emanating from the site, users of the commercial land uses proposed will come to the project from the roadway links with the project's Radius of Development Influence. Map C reflects the "worst case" traffic impact the proposed project would have on connecting roadway links. With the proposed project most likely to be 30% less intense as a shopping center, the traffic impacts depicted on Map C most likely will be lessened by 30%. CONCLUSION This Traffic Impact Statement clearly indicates that the roadways serving this proposed project will not be significantly impacted, thus compliance with Policy 5.1 of ~he Traffic Circulation Element is demonstrated. CPSS-98-01 Staff Report 3 41 IAGENDA ITEM NO. 17 C September 8, 1998 Pg,_ 41 VICINITY MAP ~' R27 E · ! - R27 E ' BRAY · CANNAN McA~Y ~~~G ~"~ MIR_MAR PUD ~.., i~l~ i-~.¢~ ...... ~-~--,~ ~..~ I~ .... CPSS-98-01 Staff Report 42 IAGENDA ITEM NO. 17 C September 8, 1998 Pg. - 42 WIGGfNS PASS · ' 'fo PA $ s ~ DOCTORS CITY OF N PLES , : tS:l GOFd')Or.~ PA~S TO MAP A ~K~,LEE RD. VANDER! GOLDCr: PI(WY O~V,S TO MARCO TO h' ,A,',°i CPSS-98-01 Staff Report 43 JAGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 43 1997 A.-mua X MAP B C£ $4& (Zm~,okalee Rd) 658 p t_! S N TP. AIrFZC COUNT STATIONS NL~BERS ARE D£SXG~qATED WITH PARENTHESES (). CPSS-g8-01 Staff Report IAGENDA ITEM NO. 17 C September 8, 1998 Pg. _ 44 MIR-- MAR PUI) TRAt-'FIC IMPACT STUDY MAP "C" - RADIUS OF DEVELOPMENT INFLUENCE R 27 E --t CPSS-98-01 Staff Report 4S IAGENDA ITEM NO. 17 C September 8, 1998 Pg. - 45 EXECUTIVE SUMMARY PETITION NO. V-98-12 GAVIN AND SUSAN WIDOM KEQUESTING A 5 FEET I0 INCH VARIANCE FROM ~ REQUIRED 30 FOOT FRONT YARD SETBACK TO 24 FEET 2 INCHES FOR PROPERTY LOCATED AT 404 BAYSIDE AVENUE, FURTHER DF. SCRIBED AS LOT 6, BLOCK K, CONNER'S VANDERBILT BEACH ESTATES, UNIT 2, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting a dimensional variance of five feet ten inches to the required thirty foot front yard setback requirement to twenty-four feet two inches, in order to rebuild and extend an existing outdoor landing and stairway. CONSIDERATIONS: The petitioner is requesting the above referenced variance in order to rebuild an existing landing and stairway twenty-four feet two inches from the front property line. Although the current stairway structure is built consistent with the minimum code requirements, the structure, as currently constructed, has proven to be a safety hazard. According to the petitioner, the landing is too narrow and the stairs are very steep. In fact, on August 3, 1997, a guest of the petitioner and her children fell down the steps and were injured. The landing is 37 inches from the front door to the first step, yet the front door opens out 35.5 inches from the house. This creates a dangerous situation whereby someone could be knocked backwards and down the steps when the front door is opened. From the landing, 13 continuous steps lead to the driveway. The steps have a 7 inch riser and a 10 inch tread. The applicant proposes to reconstruct the steps by reducing the number to 10 with a 6.5 inch riser and an 11 inch tread, leading to a new midway landing, whereby a fight and left stairway would continue with 5 additional steps with the same 6.5 inch riser and 11 inch tread. The stairway would be architecturally unified with the structure. The granting of the requested variance will be in harmony with the general intent and purpose ofthe Land Development Code as described above, and will reduce the potential for injury to users of the steps. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. AG£ND~ No. SEP 0 8 1998 PLANNING COMMISSION RECOMMENDATION. The CCPC recommends by a unanimous vote that the Board of Zoning Appeals approve V-98- 12. PREPARED BY: .~usAN ~mm~Y, ~acv ~/-- CHIEF PLANNER DATE EWED BY: ~ iNALD F. ~,H~I~, AICP, MANAGER CURRENT PLANNqNG SECTION DATE ~(~fifi'fiT J. HERE, AICP, DIRECTOR DATE PL/~~SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: V-98-12, Widom This petition has been tentatively scheduled for September 8, 1998 BZA Public Hearing. SEP 0 8 1998 AGENDA ITEM ?-L MEMORANDUM TO: FROM: DATE: RE: COLLIER COUN-rY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION JULY 6, 1998 V-98-12, Widom AGENT/O%VNER: Agent: Not Applicable Own el': Gavin and Susan Widom 404 Bayside Avenue Naples, FL 34108 REQUESTED ACTION: The petitioner is requesting a dimensional variance of five feet ten inches to the required thirty foot front yard setback requirement to twenty-four feet two inches, in order to rebuild and extend an existing outdoor landing and stairway. GEOGRAPHIC LOCATION: The subject property is located at 404 Bayside Avenue and can be further described as Lot 6, Block K, Conner's Vanderbiit Beach Estates Unit 2, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting the above referenced variance in order to rebuild an existing landing and stairway twenty-four feet two inches from the front property line. According to the applicant, the original landing and stairway structure were built concurrently with the single family dwelling unit which was completed in January, 1996. Although the current stairway is built consistent with the minimum code requirements, the structure, as currently has proven to be a safety hazard. The applicant wishes to reconstruct the steps to reduce the safety hazard, which necessitates the need for a variance. S£~ 0 8 1998 (uT. /I 0 8 1998 S~OUNDING LAND USE AND ZONING: Existing: The site is developed with a single family residence; zoned RSF-3 Surrounding: North - single family residence; zoned RSF-3 South - canal; zoned RSF-3 East - vacant; zoned RSF-3 West - vacant; zoned RSF-3 GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND IN~.~STRUCTURE: Ap~oval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and 1998 utilizes the provisions of Subsection "-~" (al through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land. structure, or building involved? Yes, special conditions and circumstances exist in that although the stairway structure was originally built consistent to the minimum code requirements, the stairs have proven to be dangerous. According to the petitioner, the landing is too narrow and the stairs are very s~eep. In fact, on August 3. 1997, a guest of the petitioner and her children fell down the steps and were injured. The landing is 37 inches from the front door to the first step, yet the fi'ont door opens out 35.5 inches from the house. This creates a dangerous situation whereby someone could be knocked baclcwards and do~n the steps when the front door is opened. From the landing. 13 continuous steps lead to the driveway. The steps have a 7 inch riser and a 10 inch tread. The applicant proposes to reconstruct the steps by reducing the number to 10 with a 6.5 inch riser and an 11 inch tread, leading to a new midway landing, whereby a fight and left stairway would continue with 5 additional steps with the same 6.5 inch riser and 11 inch tread. 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 stairway was built consistent with the minimum code requirements and in accordance with the minimum setback requirements for the RSF-3 zoning district at the time of construction. The fact that the steps as constructed have proven to be dangerous do not necessarily result from the actions of the applicant. Will a literal interpretation of the provisions of this Land Development Code work unnecessa~' and undue hardship on the applicant? The literal interpretation of the provisions of this Land Development Code could work unnecessary, and undue hardship on the applicant and could affect the health, safety and welfare of the users of the steps. The steps are a necessity due to the elevation of the single family structure. de 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? The variance requested is the minimum variance which will allow the petitioner to reasonably increase the size of the landing and increase the size of the steps in order to insure that they are safe. 3 f. ge 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? Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district. However, granting the requested variance in order to protect the health, safety and welfare of the petitioner, their family, guests and users of the subject stair~vay could be viewed as a special privilege in harmony with the general intent and purpose of the Land Development Code. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not bl injurious to the neighborhood, or other~n'ise detrimental to the public welfare? Yes. the ~anting the requested variance will be in harmony with the general intent and purpose of the Land Development Code as described above, and will reduce the potential for injury, to users of the steps. 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, the subject site is a platted lot of typical dimensions found in the Cormer's Vanderbilt Beach Estates subdivision. The subject site is surrounded on the north, east and west by similar sized lots zoned for single family residential uses. The lots surrounding the subject site to the east and west, while zoned for single family residential, are presently undeveloped. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staffrecommends that the CCPC forward Petition V-98-12 to the BZA with a recommendation for approval. 4 S Ep081998 i PREPARED BY: SUSA,'('MURKAY PRINCIPAL PLA.\,'NER DATE REVIEVslED BY: RON,.~iI.,D F. N"INO~ AICP CURRENT PLAN.'NI'NG MANAGER DATE ROBERT J..'~IULHERE. AICP - PLAN,'NqNG SERVICES DIRECTOR DATE VINCEN'T A. CAUTERO. AICP, ADMINISTRATOR DATE COMMb."NITY DEV. & E,¥VIRON. SVCS DIVISION Staff Report for the August 6. 1998 CCPC meeting. Tentatively scheduled for the September 8. 1998 BCC meeting. COLLIER COUNTY PLUG COMMISSION: MICHAEL _~__ DAVIS, 1998 PETITION NO. V-eS'-' ~ATE PETITION ~SCEI~J~'I ? PROJECT PLANNER ! (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME PETITIONER'S ADDRESS AGENT'S ADDRESS TELEPHONE ~ ~ ~-~Y' ~/~' CURRENT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & LAND USE TELEPHONE / LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) ~ BLOCK(S) SUBDIVISION ~~% SECTION 2q TWP. '485 ~NGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) N S E W ZONING LAND USE Rs -% MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 30 ~e e-~ SZDE: -1. % REAR: ~ 5 ! CORNER LOT: ~-~YES (CIRCLE ONE) WATERFRON LOT: NO~ (CIRCLE ONE) ~ SEP081998... Provide a detailed explanation of the request including what structures are existing.and what is proposed; the amount of encroachment proposed using nttmbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permi~ number if possible); why encroachment is necessary; how existing encroachment came to be; etc. 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 building involved. 2 SEP 0 8 1998 ~= ~,=:~ ~p=~ ¢onuAc~ons aha circumstances wnlcn ~o not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. 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 ~ealth, safety or welfare. 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. 3 SEP 0 8 1998 e 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. 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. SEP 0 8 1998 I, ~-~;V _~.~_~) ~_.._.__.._. being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject ma~ter 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 ~ to act as my representative in any matters regarding~thi~ Pe tion. SI~T~ OF O~ER State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOT~-RY PUBLIC Commission # My Commission Expires: SIGNATUR~ OF AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) VARIA~;C£ A?PLICATION/m~ 5 NOTARY PUBLIC Commission # My Commission Expires: ! SEP081998 VARIANCE PETITION CHECKLIST NOTE: This petition will not be processed unless all of the following items are submitted. ITEM # COPIES Completed Application packet (NOTE: Petitioner is to be listed as the property owner) (15) A notarized letter signed by the property owner authorizing your (the agent) to act on behalf of the petitioner and deposing that all information is honest and true to the best of your knowledge and belief. (You may sign the petition as the agent). (1) A check for the proper amount, made out to the "Board of County Commissioners" (1) A survey of the property, showing the encroachment (measured in feet), lot dimensions and all structures, unless waived at pre-app meeting. {1) A Plot Plan depicting all of the following: a) Scale, date, north arrow b) Property boundaries & dimensions c) Zoning District d) Existing & proposed structures (labeled such) e) The required setbacks & the proposes setbacks (15) 24 "x36" (1) 8 1/2"x11" A location map depicting major streets in (1) the area for reference· 8 1/2"x11" VARIANCE CHECKLIST/md SEP 0 8 1998 I am petitioning the county that we be allowed to rebuild our front landing and front steps to create a safer entry to and from our house so no one gets hur~ or killed. I am asking to be allowed to extend into our front setback by 5'10", or from 30' to 24' 2". Our home was completed in January 1996, the home was built on a canal that required us to build our house at a higher elevation. This necessitated that we have front steps that rose to our front door. The existing front steps and landing are to the minimum code allowed.. However there is a safety issue that has concerned us fi.om the time of completion of the home, that concern is that our front steps are too steep, and our front landing is too narrow from the front door to the first step. On August 3rd, 1997, our worst fears came true, as a woman and her children fell down the steps. 9! 1 was called and she was taken by ambulance. State Farm, our insurance company, issued'her a sizable check and found we were at fault 20% and the steps to be dangerous. The front landing fi'om the front door to the first step is 37", our front door opens out (as required), 35 1/2" away from the house. This creates a dangerous situation whereby someone could be knocked backwards and down the steps when the front door is opened. We wish to extent the present landing out, a total of 5'6" to create a safer landing. The present steps are 13 continous steps down to the driveway.. The present step has 7" riser and a I0" tread, we wish to reduce the number of steps to 10 with a 6 1/2" riser and a 11" tread. This would lead to a new midway landing, whereby a fight and left stairway would continue with 5 additional steps with the same 6 1/2" riser and 11" tread. These would be asthetlcally pleasing but more important, safer for adults and children and reduce the risk of someone falling down the steps. The encroachment once again would be 5'10" into the setback. 1998 1. Yes, the existing top landing is too narrow and with the front door swinging outward, creates a safety hazard. The steps down from the top landing are too steep and continuous. I have a 3 1/2 year old child and along with anyone else, I am afraid that someone will fall and hurt themselves ( this actually happened in August 1997). 2. Yes, the front landing and steps were built to code, our builder and ourselves did not anticipate a safety problem when the home was built. It was not until a few friends and others commented on the steps did we become aware of the problem. We did not create the problem and on paper it was not a hazard. 3. Our biggest concern is the safety of my child, my family and others. 4. With permission from the county, the architectural changes to our front landing and steps will make a safer entry to and from our home and asthetically [nhance the neighborhood. An increase of 5' 10" into our setback will work. 5. Our steps are presently there as required and by granting the variance will only improve a structure that is already there. 6. The granting of the variance would be a benefit to the public by reducing a hazardous situation. SEP 0 8 1998 RE$OLUTiCN NO. ~- RELATING TO PETITION NUMBER V-98-12, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN CCLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 FicrLZa Statutes, has conferred on all counties in Florida the power to 1o es:aslAsn, coordinate and enforce zoning and such business regulations :~ as~ ~'r_ necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land 13 2.';_i:ument C3de ~Ordinance No. 9i-102) which establishes regulations 14 ~r the :cnln~ ~ particular geographic ~- ~ -~ ~- . ..;~soo.~ .... County, among w., ..... s t ~rantin~ of variances; and :~ ?;HE~EAS, :he Board of Zoning Appeals, being the duly eiec~ed 1~ ccn~tute~ Boar: cf the area hereby affected, has held a public i~ hearln~ after nc:ice as in said regulations made and provided, and has ~9 ccn.~=_r.a the a=visabillty of a 5 feet 1O inches variance from the 2o requlre~ ~' · -- ...c~ front yard setback to 24 fee= 2 inches as shown cn the 21 attached ~ic: plan, Exhibit "A", in an RSF-3 Zone for the property 22 nere~taf=er z__crlDea,== and has found as a mat%er of fact that 13 sa:islam=cry ~rcvislcn and arrangement have been made concerning all i4 a==_i=ab.e ma=:.r_ requlred by sald regulations and in accordance with 2£ S.r~:n 2.r.5 cf the Zoning Regulations of sa~d Land Development Cooe .st unincorporated area of Collier County; and 2' WHEREAS, all interested parties have been given opportunity to be :8 heart by this Board in public meeting assembled, and the Board having 2~ ccnsidere~~.~-'~ mat~ers ~resented; ~,~, ?HEREFPRE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of 31 Coil!er County, Florida, that: 32 The Petition V-98-12 filed by Gavin and Susan Widom, with respect 33 to :he property hereinafter described as: 3S Lot 6, Block K, Conner's Vanderbilt Beach Estates, Unit 2, as 36 recorded in Plat 5ook 3, Page 17, of the Public Records of Collier County. · ]s be and the same hereby is approved for a 5 foot 10 inch variance from 39 the required 30 foot front yard setback to 24 foot 2 inch as shown on SEP 081998 Exh:::t "A", cf tr.e ~.SF--~ Zcn'-n9 C'istr:ct where'~n adopted after m t~cn, second and manor:fy ./cie ~ay cf , 199B. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIEA ~-ARBAF3~ B. BERPY, C.~.akrman -2- I SEP 081998 Exhibit -A I SEP 0 8 1998 ......... c. :... :ta~e :f ~isriaa mn Chapter 125, Flcrlza £:-:':t~=, :.as ::nferre: :n =.. ::ut:le~ n ~lcrlza :he ~:wer :: are necessa:.; f:: :ze ~:::ect::m of the p,ol.., and WHEREAS, :Ze ::unty ~ursuan: thereto has adcpteo a lana 2eveicpmen: Code igrdinance No. ~i-!02) which establishes regular=eno for :he zcning cf ~ar:l:uiar geographic divisions of the County, among which :s :he 7rant:nc :f '.'arLanzes: aha WHEFEAS, -~- 5sar: -' ...... A:peals, re:nS :ne a'=i~ elec:e= aft_r nc:ice as :n sai~ regulations made an= ~rcvL~ed, an~ has ccnslderec - -- ..-t : inches varlanTe front '.'ar: -.tua:. :: 24 · -.-t inches was sn:wn :n :ne at:acne= ~!an, E×hi~l: "%", in an RgF-] 2one f:r :ne ~r:per:y nerelnafter ~a~ ", ..a ....... as a matter :f fac: :~at sat!sfac:$ry provision and arran~e:en: have teen made concern:ns all appli:able mat~ers required · e~--=:lcns ~. sa:= Lan= :evei~pment Code f:r :he un~ncor~cratea area of =:llier :=un:7; an: WHEREAS, ~11 :n:eres:e~ parties nave been g:ven cpportun:ty :o De nea,o ty thcs 5oar: :n ~UDi,. meeting assefl%ole=, an: :he 5cato havln~ :cns:~ere= all ma:rets presente~; NOW THERE?ORE RE '- R~SOLVED BY THE BOARD O? ZONING ~PPEALS of ......... :, ?isri:a, Uhe Fesitscn V-~$-12 fileO by Gavin aha Susan Widom, w:th respect the ~r~er:). neresnafser descr:bed as: Lc: E, 5lc:~ ~, :cnner's Vanderoils Beach Essa:es, Unit 2, as reccrse: :n ~iat 5ook 3, Page 1~, of the Public Re=ores of Cclller County. De an= :ne same nereDy :s approved for a 5 foot iQ ~ncn var:once from the require: 25 ' · .cc, front yard setback to 24 foot 2 inch as shown on the -i- SEP 0 8 1998 -:2- I SEP081998 L_o~. ~Y____ Exhibit A SEP 0 B 1998 EXECUTIVE SUMMARY PETITION NO. CU-98-16, DOMINICK ~I. AMICO, JR. REPRESENTING COLLIER DEVELOPME~ CORPORATION, REQUF3TING CONDITIONAL USE '~2" OF THE INDUSTRIAL ZONING DISTRICT TO ALLOW FOR A DAY CARE FACILITY FOR PROPERTY LOCATED ON THE SOUTH SIDE OF SOUTH HORSF. SHOE DRIVE ON LOT 32 OF THE EAST NAPLES INDUSTR/AL PARK, IN SECTION 35, TOWNSH/P 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The applicant is seeking to obtain conditional use approval to operate a child day care facility on the subject 2.2 acre site. CONSIDERATIONS: The petitioner indicates that the proposed facility will be within an existing 1,500 square foot suite that is adjacent to office and warehouse uses. The facility will be limited to 28 children with 4 employees. The facility will also provide a drop off area in front and a 34 foot by 60 foot fenced outdoor play area adjacent to the building. No new buildings/structures or other site modifications are proposed. The traffic impact review indicates that the proposed use will generate approximately 132 weekday trips. These trips will not exceed the significance test ~ndant ($ percent of the level of service "C" design volume) on any County road. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Lastly, the project's proposed ingress and egress fi.om South Horseshoe Drive has been deemed adequate in terms of uaffie flow and safety. The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4 of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. PROS The subject site is located adjacent to existing induslxially zoned properties to the north, west and east while the Naples Airport is to the south. These properties contain business that are compatible or they are more intensive in nature than the proposed use. In any event, the day care center should be viewed as supporting the child care requirement of people employed in the area. · There are no glare or odor emissions that result from this type of use. · The existing ingress/egress has been designed to accommodate emergency az vehicles. The existing site provides adequate drop-offareas for this facility containin g 28 children. SEP 0 8 1998 · This petition complies with the additional standards provided in the Land Development Code for day care centers when located within the Industrial Zoning District (See Staff report). CONS: The day care facility will be operational at least five days a week. Therefore, the additional traffic generated by this project along with other outdoor activities may cause an increase in the noise level to the surrounding properties during the week. The Collier County Planning Commission reviewed this petition on August 6, 1998 during their public hearing and voted 6 to 0 to recommend ~ of this petition. The six (6) votes recommending approval was based on their fundings that the conditional use is consistent with the Growth Management Plan, the ingress/egress is safe and the project is compatible with the adjacent land uses. FIS C.4J.~ IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this petition achieves its objective, the land will be redeveloped. The mere fact that new business has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the Cotmty must provide supplemental funds fi.om other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban Industrial on the Future Land Use Element (FLUE) of the Growth Management Plan (GM:P). This designation is intended to allow light manufacturing, warehousing, wholesaling, high technology, business services, limited commercial such as child care centers and restaurants. Since the proposed day care facility is a conditional uses in the Industrial Zoning District, the proposed use is consistent with the GMP. Lastly, this conditional use petition does nothing to impact any consistency relationship with the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition CU-98-16 for Conditional Use "2'of the "I' Industrial zoning district subject to the ~tipulafiom that are described in the attached Resolution of Adoption and Exhibits thereto which includes the conceptual plan. 2 AGEN~ IT~ No. _ SEP 0 8 1998 ......Pg'.. ~ -.-....- RAY B13'LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION /r~,ONALD F. NINO, AICP, MANAGER ~G SECTION ~i~~MULHERE, AICP, DIRECTOR SERVICES DEP~ENT VIN~ A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-9g-I 3.'RVBtrb. DATI~ DATE DATE SEP 0 8 1998 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION JULY 14, 1998 PETITION NO: CU-98-16, DAY CARE FACILITY OWNER/AGENT: Agent: Owner: Dominick J. Amico, Jr. Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, Florida 34108 Collier Development Corporation Miles C. Collier, President 3003 Tamiami Trail North Naples, Florida 34103 REQUESTED ACTION' To obtain conditional use "2" of the 'T' GEOGRAPHIC LOCATION. Industrial zoning district to allow for a day care facility. The subject property is located on the south side of South Horseshoe Drive on Lot 32 of the East Naples Industrial Park as recorded in Plat Book I0, Pages 114 & 115, in Section 35, Township 49 South, Range 25 East. (See illustration on the following page) PURPOSE/DESCRIPTION OF PROJECT' The petitioner is requesting a conditional use on the subject 2.2 acre site to operate a child day care center for 28 children and four employees. The child care facility will be within an existing 1,500 square foot suite that is adjacent to office and warehouse uses. The facility will also provide a drop off area in front and a 34 foot by 60 foot fenced outdoor play area that is located adjacent to the building. The petitioner is not proposing to construct any additional buildings or to make any other ~s to the existing site. The primary access to the day care facility is provided by a driveway fi'om South Hors~ past an existing building to the back parking lot area. 1 shoe ~ S :' ? 0 8 1997, SEP 8 1998 F- O _J (,0@~) II :1 { Ir.'~ I iL.J I · I :l II I~' i~ Il · i: il-- h EXHIBIT "C" SEP 0 8 1998 SURROUNDING LAND USE AND ZONING: Existing Conditions: Surrounding: The site is currently developed office/warehouse uses and is zoned Industrial. North - South Horseshoe Drive; Zoned: Industrial. East - Developed office/warehouse uses; Zoned: Industrial. South - Naples Ai,-port; Zoned: C-4. West- Developed office/warehouse uses; Zoned: Industrial. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land ['se Element: The subject proper~ is designated Urban Indusmal on the Future Land Use Element (FLUE) of the Gro~nh Management Plan (GMP). This designation is intended to allow light manufacturing, warehousing, wholesaling, high technology, business services, limited commercial such as child care centers and restaurants. Since the proposed day care facility is a conditional uses in the Industrial Zoning District. the proposed use is consistent with the GMP. Traffic Circulation Element; A traffic impact review indicates that the proposed use will generate approximately 132 trips per weekday. As a result, the site generated trips will not exceed the significance iest standard (5 percent of the level of service "C" design volume) on South Horseshoe Drive fi'onting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any Count)., road. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TEE). The TeE also classifies this segment of Airport Pulling Road (eR-31) as a 6 lane arterial road in the project area. The current traffic count for this segment is 48,462 AADT which results in LOS "D' operation. Other Applicable Elements; Staff review indicates 'that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this change. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulauons and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 2 ] 087998 I : 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/engineering staff, and the Transportation Services Division staff. The Transportation Division staff has no objection to this petition. The Community Development Services environmental staff has also approved this petition. The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either or "con" as the case may be, in the professional opinion of staff. Staff review of each of the erion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. Consistency with this code and Growth Management Plan. Pro; The subject site is designated Urban-Industrial on the Future Land Use Element Map (FLUE) to the Growth Management Plan (GMP). This district light manufacturing, warehousing, wholesaling, high technology, business services, limited commercial uses such as child care centers and restaurants. Con.' None. Summary_ Conclusion (Findin_~s): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is authorized in the Urban-Industrial designated areas and is permitted in the Industrial district as a conditional use. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: (i) The existing ingress and egress from South Horseshoe Drive is considered'~6'b~'an~'_.~':., optimal location in terms of traffic flow and safety. [ .,~ /..zt.,e~ 3 I I SEP081998 I (ii) The project's ingress/egress is designed to accommodate emergency and fire service vehicles. The existing site provides adequate drop-off areas for this 28 child facility. Con: None. Summary_ Conclusion (Findings}: Staffhas reviewed the conceptual plan submitted with this conditional use request, and is of the opinion that due to the relatively low traffic volumes generated by the day care facility, the project's entrance should operate adequately and with an acceptable level of safety. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) Glare or odor emissions are not a product of this type of use. (ii) Since the subject site is not near a residential area, there will be no economic or noise impact on any residential area. Con: The day care facility will be operational at least five (5) days a week. Therefore, the additional traffic generated by this project along with outdoor activities may cause an increase in the noise level to the surrounding properties during the week. Summary Conclusion eFindings~: The orientation of the proposed facility is such that it is adjacent to a large open area to the south. In staffs opinion, the proposed petition will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects. Compatibili~' with adjacent properties and other property in the district. Pro: (i) The adjacent properties contain business that are compatible or they are more intensive in nature than the proposed use. (ii) At this point in time, the subject site is located adjacent to existing industrially zoned property to the north, west and east while the Naples Airport is to the south., therefore, compatibility with adjacent land uses is not an issue and in any event, the day care center should be viewed as supporting the requirement of people employed in the area. Con.' None. Summary Conclusion fFindin~: The compatibility of the proposed day care facility is not considered a significant issue due to its location within an office/warehouse complex. Furthermore, the subject site is located adjacent to vacant area that can be fenced in for the outdoor play area. .,, ~ 4 '1998 Front View of Building View of Proposed Play Area It should be noted that child day care facilities that are located within the Industrial Zoning District are subject to additional standards as provided for in the Land Development Code. These additional standards are as follows: 1. All areas readily accessible to children shall be free of toxic substances and hazardous materials. This shall include the adjacent properties within 500 feet. There are no hazardous or toxic substances stored on site or within 500 feet of the day care faelliV,_', 2. The facility shall not be within 500 feet of the nearest property line of land uses encompassing wholesale gasoline, liquefied petroleum, gas or other flammable gas or liquids: The site is not within 500 feet of any of these facilities. 3. The site shall not be on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries: There are no asphalt plants or quarries on 4. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet: The lot area is over 20.000 square feet and the lot width is 200 feet. 5. The site shall provide a minimum open space area of not less than 30 percent of the total square footage of the lot: The subject lot (Lot #32~ provides 30 aercent or more open space of the lot square footage (including the fenced outdoor play areal. 6. The facility shall provide that all open space areas to be used by children will be bounded by a fence not less than 5 feet in height, to be constructed with approved material: ~ space play area will be enclosed with fencing that Is 5 feet in height and constructed with LDC specified materials. 7. Landscaping shall be provided in accordance with Division 2.4 of the LDC: ~ f~cility complies with the landscape requirements of the LDC. 8. The facility shall comply with all Florida FIRS Child Day Care Standards: indicates that the facili~' will comply with all HRS standards. That the Collier County. Planning Commission (CCPC) recommend approval of Petition CU-98-16 for conditional use "2' of the Industrial zoning district as otherwise conditioned in the Resolution of Adoption. PREPARED BY: P,A¥ ~LL6WS. PR~C~PA~ PLA~R C~NT PL~*G SECTIOn' E~D B · RON~D F. N~O. ~CP, ~AGER C~NI PL~G SECTION ~OB~T J. ~HE~, ~CP, D~CTOR PLA~~ES V~dE~T'A. C~UTERO, A~CP, ADM~STP. ATOR CO~~TY DEV. A~ E~mO~'~ENTA~ SVCS. DATE DATE Staff Report for August 6, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: 6 i -3E~ 081998 ; .~. _./Z_--._ COMMUNITX DEVELO~ DMSION ~ PLANNING SECTION CU 98-16 PETITION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: ~PLI~TI~ FOR ~LiC ~~G FOR: CO ITIONAT. USE 1998 General Information: Name of Applicant(s) COLLIER DEVELOPMEAT CORPORATION Applicant's Mailing Address 3003 TAMIAMI TRAIL NORTH Cizy NAPLES State FL Zip 3&I03 Applicant's Telephone #: _(9&l) 261-&&5~ Fax #: (~41) 763-38&9 Name of Agent DOMINICK J. AMICO, JR. Firm AGNOLI, BARBER & BRbWDAGE. INC. Agents Mailing Address City NAPLES State . FL Agent's Telephone ~: (gal) 597-3111 Fax #: 7400 TAMIAMI TRAIL NORTH, SUITE 200 D£sc~osu~e o£ ~n~e~es~ ~n£ormation: if the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percen:age of S:ock Miles C. Collier, Pres., 3003 Tamiami Tr.N. Thomas J. Flood, V.Pres, 3003 Tamiami Tr.N. Jeffrey M. Birr, V.Pres, 3003 Tamiami Tr.N. Terry L. Flora, V.Pres, 3003 Tamiami Tr.N. Miles C. Collier, 3003 Tamiami Tr.N. Barton G. Collier II Revocable Trust 26 2/3Z 26 2/3% Inglis U. Collier Irrevocable Trust Collier Business Irrevocable Trust 16 2/3Z 30% Ce If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percen:age of Interest 2 SEP 0 8 1998 if the property is in the name of a GENERAL or LIMITED ?ARTNERSHI?, list the name of the general and/or limited partners. Name and Address Percen=age of Ownership e. ~.~ there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Pmrcen:age of Ownership Date of Contract: iSEP 081998 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased (X): 8/1/98 Term of lease 5 yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date · Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the p~ope~t-~ cove~ad ~ the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description If questions arise concerning description, an engineer's certification or sealed survey .,~ay be required. Sec=lo-: 35 Township: Lot: 32 Block: N/A ~9S Range: 25E EAST NAPLES Subdivision: INDUSTRIAL PARK P!a~ Book I0 Page #:114.115 Property I.D.%: 30531240008 Metes & Bounds Description: N/~ Size of property: 200t Total Sq. Ft. 96,000 ft. X 480:t Acres 2.2 Ad~ress/general location of s--hject propm=t'y: LOT 32, 2960 SOUTH HORSESHOE DRIVE, SUITE."IOOO; 'NAPLES,. FL 34104 Adjacent zoning an'~ 1~4 use: Zoning Land use N R-O-W S. HORSESHOE DRIVE S C-4 AIRPORT E I W I Does proper'~y 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). YES t ' "' '"' · I SEP 0 8 1998 Section: 35 Township: 3~ Lot: ~ Block: N/A Range: 25E EAST NAPLES Subdivision: INDUSTRIAL PARK · (LOT ~'~) Meres & Bounds Description: LOTS ~3 OF THE PLAT OF EAST NAPLES I~¥DUSTRIAL PARK. AS RECORDED IN PLAT BOOK 10. p~.F.~ l l4 ~ 115 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. Type of Conditional Use: This application is requesting ccnd!~ional use ~ 2 of the I district for (?~£or (US£J CHILD DAY CARE CENTER Presen~ Use of the Property: OFFICE/WAREHOUSE Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable· Please provide detailed response to each of the criterion lasted below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessaz%r). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future elemen:}: THE PROJECT IS CONSISTENT WITH 2.2.16.3.2.a THR~UGH i , S EP 0 8 1998 6 I:¥ THAT: .¥0 HAZARDOUS OR TOXIC SUBSTANCES ARE STORED ON THE PREMIbES ~R WITHIX 500'~ THERE ARE NO ASPHALT P~,~S OR OUAREIS ON THE STREET; LOT AREA ~S OVER 20.0~0 SF WITH 100+' ~ WIDTH~ OPEN SPACE IS 30~ OR MORE OF LOT SQUARE F~TAGE~ OPEN 5PA~ UI1LI~D BE E.VCLOSED ~'ITH FENCING OF ~' OR HI~ER. CON. RUlED OF L~ SPECIFIED MATERIALS~ LANDSCAPE BUFFER SHALL BE INSTALLED AS SPECIFIED IN THE LDCr THE DAYCARE CENTER SHALL COMPLY WITH HRS STANDARDS. b. Describe the existing or planed means of ingress and egress to the proper=y and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, =raffic flow and control, and access in case of fire or catastrophe: £Yrcrr%'C T'.'CRP¢.~ A,¥D £CRP~9 ~S PROPOSED VIA THE EXISTLYG PARKING LOT c. Describe the effec~ ~he neighboring properties economic and odor effect: conditional use will have on in relation to noise, glare, d. Describe =he site's and the proposed use's compa=ibility with adjacen= properties and other properties in the district: ~SED CONDITIONAL USE IS COMPATIBLE WITH THE .~'ATURE OF BUSINESS CURRENTLY LOCATED IN THE COLLIER PARK OF .... 7 BENEFIT FROM HAVING CHILD DAYCARE ACCESS CLOSE TO THEIR PLACE OF WORK. e. Please provide any additional information which you may feel is relevant to this request. 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land u.._.se etitions on the sub e=t r er : To your knowledge~ ~as a public hearing been held on this property within the last year? If so what was the nature of that hearing? ' ~¥0 11. Additional Suhmittalr._~uirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distrib~t__i, pn. to. 8 RESOLUTION 96- A RESOLU?iOI: PROVtDi~;G FOR THE ESTABLiSHME~T OF A CHILD DAY CARE CENTER CONDITIONAL USE "2" IN THE "I" INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3. OF THE COLLIER CCUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED iN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-i246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establlsh, coordinate and enforce zcnlng and such business reguiatlons as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Deveicpment Code (Ordinance No. 9!-iC2) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of The County, among which is the grantlng cf Conditlcnal Uses; and WHEREAS, the Collier County Planning Ccmr. ission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said reguta%ions made an~ provided, and has considered the advisability of Ccndltional Use "2" of Section 2.2.16.3. in an "I" Industrial Zone for a child day care center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provislon and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Co~ission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida That: The ~et:t:cn fried ~'o ~ -: ~c..m:n::k j A.~,icc, Jr., cf Agnoli, Barber ~ Brunoa~e, inc., :epresenting Co,,.e. Development Corporation w~th respect t: the ~ro~ert)' hereinafter described as: Exhlbi: "D- which is attached hereto and incorporator by reference herein - be and the same is hereby apprcve~ for Conditional Use "2" cf Sect:on 2.2.1f.3. of the "I" In~us:r:al Zonln~ Listrict for a child ~ay care renter in a:ccr~ance with the Conceptual Master Plan ..... w.n~ c:nditlons: '. The ~iannlng ~ Techn:cai Services Manager may approve m. ncr chances ~n the location, sitin:, cr height of ----.~s, structures, and improvements authorized by %he ccndlticnal use. Expanslcn of the uses identified and approved w~thln this csndltlonai use application, cr ma]or changes tr the slte plan submit%e~ as part of %bls appllcatlcn, shall require the submittal of a new ccndltlonal use appllcaticn, and shall comply with at' ap~iicabie 2runty crdlnances in effect a[ the tlme cf su~mlttai, inciu~in~ 2lvislcn 3.3, Site Development Plan Fev~ew and a~rcval, of the Ccilier Count}- Land Development Code ~^-~- -- ....... a..,e Nc. 91-102). BE ii FURTHER FESCL'.'E2 that this Resolution De recorded in the r. lnutes cf %his BcarC. This Resolulion adopted after mc~icn, second and majority vote. Done this da}, of , ~998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Marjc~ie M. Student Assistant County Attorney SE,"' e, $ 998 i FINDING OF FACT BY COLLIER CCUNTY P?-ANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The ~oiiowlng facts are found: Section 2.2.16.3.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management ~: Yes. No B. ingress and egress to property and proposed structures thereon with particular reference to autcmoti-/e and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes (/ No C. Affects /.eighborlng properties in relation to noise, glare,/-~_ccnomic cr odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit~hin district Yes L,--N0 Based on the above findings, t~itional use should, with stipulations, (copy attached) ~ot) be recommended for approval DATE: MEMBER:~ EXHIBIT "A" 98-16 FINDING OF FACT :{EMBER/ SEP 0 8 1998 LEGAL DESCRIPTION Lots 31 & 33, East Naples Industrial Park, As Recorded In Plat Book 10, Pages 114 & 115 Of The Public Records Of Collier County, Florida. Section 35, Township 49S, Range 25E. Exhibit "B" (,08~,) Z /II '-; ': ' · //I ' PLOT PLAN EXHIB I~, "C" ! I.-_-_-I I IrJl l~ l l l ' SE~ 0 8 199§ EXECUTIVE SUMMARY PETITION NO. V-98-9 JERRY AND SHELBY DELASHMET REQUF~TING AN AFTER- THE-FACT VARIANCE OF 1.6 FEET FROM THE REQUIRED REAR YARD SETBACK OF 10 FEET TO 8.4 FEET AND 0.5 FEET OF THE REQUIRED SIDE YARD SETBACK OF 7.5 FEET TO 7.0 FEET FOR PROPERTY DESCRIBED AS THE WEST 54 FEET OF LOT 12 AND THE EAST 10 FEET OF LOT 13 OF THE GORDON RIVER HOMES SUBDMSION IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting an after-the-fact dimensional variance of 1.6 feet fi.om the required rear yard setback of I0 feet to 8.4 feet and 0.5 feet ofthe required side yard setback of 7.5 feet to 7.0 feet in order to allow an existing 225 square foot (15' x 15') accessory shed structure to remain at 8.4 feet fi'om the rear property line and 7.0 feet fi.om the east side property line. CONSIDERATIONS: The petitioner is requesting the above referenced variance in order to allow an existing accessory shed structure to remain at 8.4 feet from the rear property line and 7.0 feet from the east side property line. According to the applicant, the original shed structure was built and properly permitted in accordance with development regulations in the early to mid-1970's. Earlier this because the shed was deteriorating, the applicant replaced the existing shed without a building permit. According to the applicant, the shed was replaced on its original flab, however, the new shed is approximately three (3) feet taller than the original shed, for a total height of approximately ten (10) feet at the roof peak. According to Collier County property appraisers records, the single family structure was built in 1969. Research conducted on County records reveals that there is no record of a permit obtained in order to construct the original shed. Analysis of an aerial photograph taken in 1975 revealed the existence of a similar type of accessory structure located in approximately the same location as the current shed presently exists. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. AG E N D~ IT. Fr.,~ SEP 0 8 1998 ..__P.g=_ / PLANNING COMMISSION RECOMMENDATION. The CCPC recommends by a unanimous vote that the Board of Zoning Appeals approve V-98-9. PREPARED BY: .,/SUSAN MURRAY, AICP /~(// CHIEE PLANNER RONALD F. - NTN~(~;~kT~P, MANAGER CURRENT PLANNING SECTION DATE ~ROBERT~J~ MULHERE, AICP, DIRECTOR DATE PLANNINg. SERVICES / VINCENT A. CAUTERO, ~CP, f-DMINISTRATOR DATE CO~TY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: V-98-9, Delashmet This petition has been tentatively scheduled for September 8, 1998 BZA Public Hearing. No SEP 0 8 1998 Pn. ~ MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION JUNE 29, 1998 V-98-9 Delashmet AGENT/OWNER: Agent: Not Applicable Owner: Jerry and Shelby Delashmet 1391 13' Avenue North Naples. FL 34102 REQUESTED ACTION: The petitioner is requesting an a~r-the-fact variance of .5 feet from the required 7.5 foot side yard setback and a variance of 1.6 feet from the required 10 foot rear yard setback to allow an existing 225 square foot (15' x 15') accessory shed structure to remain at 8.4 feet from the rear property line and 7.0 feet from the east side property line. GEOGRAPHIC LOCATION: The subject property is located at 1391 13' Avenue North and can be further described as the west 54 feet of Lot 12 and the east 10 feet of Lot 13, Gordon River Homes Subdivision, Plat Book 2, Page 84 as recorded in Collier County, FL, in Section 34, Township 49 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting the above referenced variance in order to allow an existing accessory shed structure to remain at 8.4 feet from the rear property line and 7.0 feet from the east side erW line. According to the applicant, the original shed structure was built and properly [itted in accordance with development regulations in the early to mid-1970's. Earlier this year, because the shed was deteriorating, the applicant replaced the existing shed without a [' building permit. According to the applicant, the shed was replaced on its original slab, however, I i 1998 S :~ 0 8 199~ shed is approximately three (3) feet taller than the original shed, for a total height of approximately ten (I 0) feet at the roof peak. According to County records, the Gordon River Homes Subdivision was recorded in 1947. The subject lot was originally platted at sixty (60) feet wide by 135 feet deep, therefore, it fails to meet the Land Development Code's current minimum width requirement of seventy (70) feet for lots in an RSF-4 zoning district. It exists today as a legal, non-conforming lot of record. According to Collier County property appraisers records, the single family structure was built in 1969. Research conducted on County records reveals that there is no record of a permit obtained in order to construct the orginal shed. Analysis of an aerial photograph taken in 1975 revealed the existence of a similar type of accessory structure located in approximately the same location as the current shed presently exists. Dimensions scaled off the submitted survey reveal the structure is approximately 225 +/- square feet in area. The present land development code requires a 7.5 foot side yard setback and a 10 foot rear yard setback for accessory structures in an RSF-4 zoning district. SURROUNDING LAaND USE AND ZONING: Existing: The site is developed with a Single family residence; zoned RSF-4 Surrounding: North - single family residence; zoned RSF-4 South - U.S. Post Office; zoned C-1 East - Day Care; zoned RSF-4 OWest - single family residence; zoned RSF-4 GROWTH MAaNAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. 2 i SEP 0 8 l,c ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) 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 in this Subsection are as follows: ae Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, special conditions and circumstances exist in that according to the applicarlt, the subject structure was originally permitted and constructed in the early to mid-1970's in approximately the same location as it was re-constructed this year. However, current regulations now require an accessory structure in the RSF4 zoning district to be constructed 10 feet from the rear property boundary and 7.5 feet from the side property. boundary.. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the properl3' which is the subject of the variance request? No, had the applicant applied for the proper building permits prior to re-constructing the shed, they would have been made aware of the fact that the planned location for reconstruction of the structure no longer met the setback requirements for the zoning distr/ct. Because the original shed was constructed inconsistent with the current setback requirements does not necessarily result from the action of the applicant. Will a literal interpretation of the provisions of this Land Development C,,de work unnecessar)., and undue hardship on the applicant? The literal interpretation of the provisions of this Land Development Code could work unnecessary and undue hardships on the applicant. Relocating the shed to meet the setback requirements w/thin the same area of the property could be difficult because, according to the applicant, there is an existing septic tank drain field located directly in front of the existing shed, making it difficult to move the shed further south, away from the rear property line. 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, safer>, and welfare? The variance requested is the minimum variance which will allow the existing structure to remain in its present location and to make reasonable use of the structure as it presen, tl~" ~~2.;~7?~.~', exists. . . _ w _ ; sEp 0 8 1998 ! ee 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? Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district. However, according to the applicant, the structure has been in existence in the same location for over twenty (20) years and the applicant was merely replacing a deteriorating structure in virtually the same location. Along the rear property line exists an extremely dense vegetative screen, completely blocking the view of the subject structure from the adjacent property to the north. Along the eastern property boundary, between the subject property and the neighboring child care center, is a six (6) foot high wooden privacy fence. These conditions should mitigate any impact due to the encroachment into the rear and side property setback requirements. Will granting the variance be in harmon), 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? The structure has been in existence in its current location for over twenty (20) years with no known detrimental affects to the surrounding neighborhood or public. The existing vegetative screen along the rear property boundary and the existing privacy fence along the eastern side property boundary should help mitigate the diminished setbacks of the structure. ge 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.? he No, the subject site is a planed lot of typical dimensions found in the Gordon River Homes subdivision. The subject site is surrounded on the east, west and north sides by similar sized lots zoned for single family residential uses. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. 4 1998 STAFF RECOMMENDATION: Staffrecommends that the CCPC forward Petition V-98-9 to the BZA with a recommendation for approval. PREPARED BY: ~/USAN MURRay PRINCIPAL PLANNER ~ONALD F. NINO, AICP CUKR~NT PLANNING MANAGER Re'BERT J. MULHERE, AICP PLANNII~G SERVICES DIRECTOR ~I~CENT ^.-C^trrER$,~CV, ~n~s~,~TOR COM~T,,' DEV. & ElWmO~. SVCS I)IVXS~O~ DATE DATE DATE StaffRepon for the August 6, 1998 CCPC meeting. Tentatively scheduled for the September 8, 1998 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICH~]L" "'"'o '",,* ; SI;' 0 8 199~ MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DMSION J'LFN'E 29, 1998 V-98-9 Delashmet AGENT/OVv~'ER: Agent: Not Applicable Owner: Jerry and Shelby Delashmet 1391 13u~ Avenue North Naples, FL 34102 REQUESTED ACTION: The petitioner is ":questing an after-the-fact variance of .5 feet fi.om the required 7.5 foot side yard setback and a variance of 1.6 feet from the required 10 foot rear yard setback to allow an existing 225 square foot (15' x 15') accessory shed structure to remain at 8.4 feet from the rear property line and 7.0 feet from the east side property line. GEOGRAPHIC LOCATION: The subject property is located at 1391 13u' Avenue North and can be further described as the west 54 feet of Lot 12 and the east 10 feet of Lot 13, Gordon River Homes Subdivision, Plat Book 2, Page 84 as recorded in Collier County, FL, in Section 34, Township 49 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting the above referenced variance in order to allow an existing accessory shed structure to remain at 8.4 feet fi.om the rear property line and 7.0 feet from the east side line. According to the applicant, the original shed structure was built and properly in accordance with development regulations in the early to mid-1970's. Earlier this Halng permit Accoratng to the a hcant, the shed was r · PP eplaced on its original slab, howevor, J 1998 shed is approximately three (3) feet taller than the original shed. for a total height of approximately ten (I 0) feet at the roof peak. According to County. records, the Gordon River Homes Subdivision ,,,,'as recorded in 1947. The subject lot was originally platted at sixty (60) feet wide by 135 feet deep, therefore, it fails to meet the Land Development Code's current minimum width requirement of seventy (70) feet for lots in an RSF-4 zoning district. It exists today as a legal, non-conforming lot of record. According to Collier County property appraisers records, the single family structure was built in 1969. Research conducted on County records reveals that there is no record ora permit obtained in order to construct the orginal shed. Analysis of an aerial photo~aph taken in 1975 revealed the existence ora similar type of accessory structure located in approximately the same location as the current shed presently exists. Dimensions scaled off the submitted survey reveal the structure is approximately 225 +/- square feet in area. The present land development code requires a 7.5 foot side yard setback and a 10 foot rear yard setback for accessory structures in an RSF-4 zoning district. SURROUNDING LAND USE AND ZONING: Existing: The site is developed with a Single family residence; zoned RSF-4 Surrounding: North - single family residence: zoned RSF-4 South - U.S. Post Office; zoned C-1 East - Day Care; zoned RSF-4 GR~OWT West - single family residence; zoned RSF-4 H MA~NAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infi'astructure, transportation or the environment. 2 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) 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 in this Subsection are as follows: de be Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, special conditions and circumstances exist in that according to the applicant, the subject structure was originally permitted and constructed in the early to mid-1970's in approximately the same location as it was re-constructed this year. However, current regulations now require an accessory structure in the RSF4 zoning district to be constructed 10 feet from the rear property boundary and 7.5 feet from the side property boundary. 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, had the applicant applied for the proper building permits prior to re-constructing the shed, they would have been made aware of the fact that the planned location for reconstruction of the structure no longer met the setback requirements for the zoning district. Because the original shed was constructed inconsistent with the current setback requirements does not necessarily result from the action of the applicant. Will a literal interpretation of the provisions of this Land Development Code work unnecessary, and undue hardship on the applicant? The literal interpretation of the provisions ofthis Land Development Code could work unnecessary and undue hardships on the applicant. Relocating the shed to meet the setback requirements within the same area of the property could be difficult because, according to the applicant, there is an existing septic tank drain field located directly in front of the existing shed, making it difficult to move the shed further south, away from the rear property line. 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? The variance requested is the minimum variance which will allow the existing structure to remain in its present location and to make reasonable use of the structure as it preserltly exists. 3 SEP 0 8 1998 ee 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? Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district. However, according to the applicant, the structure has been in existence in the same location for over twenty (20) years and the applicant was merely replacing a deteriorating structure in virtually the same location. Along the rear property line exists an extremely dense vegetative screen, completely blocking the view of the subject structure from the adjacent property to the north. Along the eastern property boundary, between the subject property and the neighboring child care center, is a six (6) foot high wooden privacy fence. These conditions should mitigate any impact due to the encroachment into the rear and side property setback requirements. 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? The structure has been in existence in its current location for over twenty (20) years with no known detrimental affects to the surrounding neighborhood or public. The existing vegetative screen along the rear property boundax3' and the existing privacy fence along the eastern side property boundar7 should help mitigate the diminished setbacks of the structure. ge 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, the subject site is a platted lot of typical dimensions found in the Gordon River Homes subdivision. The subject site is surrounded on the east, west and north sides by similar sized lots zoned for single family residential uses. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. 4 ! 0 8 199 STAFF RECO,MMENDATION: Staffrecornmends that the CCPC forward Petition V-98-9 to the BZA with a recommendation for approval. PREPARED BY: PRINCIPAL PLANNER / DATE DATE PLUG SERVICES DIRECTOR ~r~CE~ ^.-CAUT~-R6,~Cp, ADM~STRATOR COMMyrlVITy DEV. & ENVIRON. SVCS DIVISION DATE DATE Staff Report for the August 6, 1998 CCPC meeting. Tentatively scheduled for the September 8, 1998 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: hicK.~L ^. ~,.,,,~ ,-,,, ~--~-~...~.. 5 0 8 1998 .: ESC'-'J.-' ' ' Ficr~:a S:a:u:es, nas :cnferre~ cn all count:es :n Flor:ca :he power es:a=i:sn, coor:lna%e and enforce zon:ng an~ such business reguia:Icns as WHEREAS, the 3&un~y pursuant %hereto has a~cpteo a Land Development Cc~e 'Ordinance No. ~i-i02) which establishes regulations for the zoning cf sar~icular ~ecgrapnic ~ivisions of the County, among whlch ls the ~rant~n~ of '.'Er~ances; and ;':HE~.EAS ~ne 5:ar: :f , n, . A~eals, . :cn_u~uu:.. 5car: &. une area nerec':' affecue:, nas nei~ a public hearing a.~.r nc%~c_ as mn said regulations maae an~ ~rcvlded, and has ccnsldere~ the a~'.'isaD~li%y cf a ' ~-~:ct after-the-f-ct ';ar~ance ~rcm the requlre~ rear ':'ara se~macz cf '~ fee: u: ~.4 feet an~ $.~ foot after-the-fact · ;arLance fr3m une requmre~ side yar~ set~ac~ :f '.5 feet ~o 7.0 feet as sncwn :n une attache: plot plan, Exhibit "A", in an RSF-4 Zone for the property here:nar:er descrzbed, and has foun~ as a matter :f fact :hat ~a~s~ac~cry p--"'s:on and arrangement ~ave teen made concerning all appi~ca:ie mat:ers required by sa~d reguia~:cns an~ ~n accordance with Section 2.-.5 cf :he Zoning ~egulat~ons of said Land 2eveicpment ~he un:ncor~cra:e: area cf Cclller County; an~ WHEREAS, =.- interested par:idS have Peen g~ven opportunity to be hearc ty ~nls 5:ar: :n pu~i:c meet:n; asse.~%Dleo, an~ :he Board havlng ccns~:ere~ all matters presented; NOW ?HERE~$RE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of Coil:er County, Florida, ~hat: The Pet~:~:n V-98-9 filed by Jerry and Shelby Delashmet, with respect ~: ~he ~rcperty hereinafter ~escr~bed as: The west 54 feet of Lot 12 and the east I0 feet cf Lot ~or:cn ~:ver Homes Subdivision, as recorded ~n Plat Book 2, Page ~4, &f the Public Records of Collier County, ~lorlda. De an~ :he same hereDy is approved for a 1.6-foot after-the-fa~%-~aae S EP 081998 · . .r.:"n,., ?a... a::a:hea gl:: g2ar., -'xn::i: ,,,,,..., ..~t the P. SF-4 :r.:~.~ Z:.::::: w~.ere~r, sax~ ','-~-~ :e recorded Ln the r,~nu:es Th:s F~esciu::cn aaoztea .... after r. ct::n, ca-tr.: an: ma.~ori:./, vote. Zan_a :nLs aay cf , 1998. ATTEST: BOARD CF ZC::i:;G APPEALS 20LLiER .C,d,Y, FLORIDA BARBARA B. 5ERRY, Chairman Ass:s:an: C:unty A::orney -2- S EP 0 8 ~, ~o~, .~_, ' . ......... ~.~ "'~.o'r' ~ "~t- ' ;' ' I~. I' ' ,~ ...... cot .~a ..... s~'oa'l~/,,~ ~5'(p) Lot ~a ~ LOT JJ RELATING TC PETiTiON NUMBER ';-98-9, FOR A VAFiA:;C--' ~:; PROPERTY HEREINAFTER DESCPitED.~,'" CCLLiER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Fiorlda Statutes, has conferred cn ali counties in Florida the power establish, coordinate and enforce zoning and such business regulatlcns as are necessary for t.,. prc:ect'~on cf the public; and WHEF, r-AS, the County purauant thereto has adopted a Land Development Code (Ordinance ~.:o. 91-102) which establishes regulations zcninc of part:cuiar secgra~hlc d~_vislons cf the Count},, among "'' '~ ' the ........ s granting cf varlar, zes; and z....~.--~.-, the Board cf Zen:hq Appeals, belng the duly elected cons:t-.u-.e= Board of the area hereby affected, has held a pubilc hearl.-.$ af:.r n:t~ce as tn sald re~uiatlons made and provided, and has csnsl=.r_~ th- advisablio.y cf a (-fcc: after-the-fact variance from the r~uu'r-=.. . _ rear yar= setback cf 10 feet to ~..4 fee~ and 0.. =foc= af:er-'~-'a~' variance · ........ rs.-.. .... required olde yard setback of to ' C feet as sh:wn cn 'h-.._ attached plot ~ian, mx- ....... ~ .... A" in an RSI 4~-cn_- .ct' the property here:nar:er describe=, and t. as fcunO as a matter :f fact that satisfactory pro':isicn and arrangement have been .v. ade c:ncernlng all ap~llcable mat:ers requlred Dy said regulatlcns and tn acccr=ance with Sec=ion 2.7.5 cf the Zoning Regulations of said Land ?~eve'o~,-..ent Code for the unlncorporated area of Ccitier County; and WHEREAS, aii interested parties have been given opportunity to be heard by this Board in public mee=lng assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED .~Y THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-8 filed by Jerry and Shelby Delashmet, with respect to the property here:nar:er described as: The west 54 feet of Lot 12 and the east i0 feet of Lot 13, Gordon River Homes Subdivision, as recorded in Plat Book 2, Page 84, cf the Public .records of Cci!ier County, Florida. te and the same hereby !s approved.'--.. a i.6-foot after-the- fact 8 ~:"" variance from the required rear yard setback of I0 feet .%--f SEP 0 8 1998 -1- ~ ~.5 fee~ --.. ',.. ~ ....'--' as shown on ~he atta:ne~ ~iot ~ian, E×h:=~ ~. , 4 5E IT RESCL'/ED that this Resolution rela~ing to Petition Number ~ 'ff-9~-~ be recorded i~ =he mlmutes of this Board. ....... t_. motion, second :~ Z?;i~H? E. 5.=iCE, ~-ierk :: :4 15 :~ A~rs'/e~ as c F.rm ar.= Legal Sufficiency: day :f , 1998. BOARD OF ZONING APPEALS CCLLiER COUNTY, FLORIDA BARBAPA B. BERRY, Chairman -2- SE;' 0 8 1998 ~. LOT.~ ..... S00'08'~7'£~.~ 65'(P) · LOT ..... LOT ,, '' TOT' ~' "-ii'l; } ;i