Agenda 06/09/1998 R
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
Tuesday, June 9, 1998
9:00 8.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 EXPLANA nON TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL
BE HEARD UNDER "PUBLIC PETInONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD wn..L 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 Wll..L BE LIMITED TO FIVE (S) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE BEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFf1CE.
L' .\('q RECESS SCHEDULEV FOR 12:00 NOON TO 1:00 P.M.
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i...VOC!. nos. Re,-erend Fred Thorn. Golden Gate United Methodist Church
2.
PLEDGE OF ALLEGWiCE
3.
APPROVAL OF AGENDA AND CONSENT AGENDA
4.
APPROVAL OF MINUTES
A. M2)' 12. 1998 - Regular meeting..
B. MaJ 19,1998 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMA nONS
1) Procl2matioD proclaiming the week or June 11-14, 1998 IJ Jewish War Veteran
Week. To be accepted by Herbert Sch,nrtz. 1M Jr. Vice Commander.
B.
SERVICE AWARDS
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June 9. 1998
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1) David SlJICbez - Road" Ind. Dept. . 20 )UI'I.
2)
3)
Rud,. Glray - Water DepL - 5 yean.
Cbarkbaf lsaroskul- Road &: Bridee . 10 1ears.
C PRESENTATIONS
1) Recommeadation to recoplze BooDle Stepheas. Office A_staDt D, PIIrdauiDI
Department, Support Senka DlvlsIoa, u Emplo1ee of the MoatJa lor JaDe
1998.
2) Presentation of tbe Spirit or U(e Award prexated to Charla Abbott for her
beroic action.
6. APPROVAL OF CLERK'S REPORT
A. ANAL YSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBUC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT &: ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
1)
CONTINUED FROM 611198 - Corridor Study (or tbe exteasloa otSuta
Barbara Blvd. South between D.\is Blvd. And Rattlesnake-Hammock Road.
(project No. (0091) CIE No. 32.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. County Goverument Productivity Comminee's nport and recommend.dons OR it.
e-,.'aJuation of tbe Collier County AIrport Autbority'. Busfaeu Plan.
B. Discussion regarding joint meeting with tbe Marco ldand City CouucD (Commislioaer
Constantine.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OrnCERS
B.
PUBLIC COMMENT ON GENERAL TOPICS
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June 9, 1m
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PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-97-19. Mr. William L Hoonr, representing Garrett F.X.
Beyrent. requesting a rezone from "A" Agricultural to "PUD" Plened Unit
Development to be known as The Magnolia Pond PUD rOl' property located on
the north side or 1-75 and approximately one-haIr mile west or CR-951, in
S<<tion 34, To",'osbip 49 South, Range 26 East, Collier County, Florida,
consistinK or 42.05 acres more or less.
1) Petitioo No. PUD-86-7(1), William Vines of Vines & Associates, lac.,
representing Richard K. Benoett, Tl1Istee, Land Trust 5111, reques1in& an
amendment to The Twelve Lakes PUD, Ordinance No. 87-4 for the purpoJe of
reducing the number or authorized dwellinl uolts and establishing a maxImum
gross noor area for commercial de\'elopment ror property located on the north
side or Da\is Boule\'ard and soutb side of Radio Road one-balf (111) mile east of
Santa Barbara Boulenrd in Section 4, Township SO South, Range 16 East,
Collier Count)", Florida.
3)
Petition No. PUD-97-1S. Blair A. Foley, P.E. of Coastal Engineering
Consultants. Inc., representing George Vukobrato\icb, Trustee, requestin& a
rezone from "CF" Communit)' Facility to "PUD" Planned Unit Development
for a mixed commercial land use dc\'elopment strategy in a project titled
W ill 0"" Park for propert)' located on tbe east side of Airport-Pulling Road
South of Lone Oak Boulenrd and immediately contiguous property known u
Princess Park in Section 1, To",'nship 49 South, range 2S East, Collier County,
Florida. containing 11.35 acres. more or less.
4) Petition No. PUD-96-08(1) Mark McCleary or Community Enginecrinc
Scnicu representing Worthington CommuniciM or Naples, lac. requestinl to
repeal the current Vanderbilt Pine. PUD and to adopt. new PUD to cbuge
the name or the PUD, ,~duce the mioimum lot width requirement for single:
r.mil)' lots. and re\ise tbe nath'e presen"e plan for property located at the
DortheaJt corner or the intersection of CR 951 and Vanderbilt ~acb Road,
further described as located in Section 35. To",nsblp 48 South, JUnge 16 Ean.
Collier County. Florida.
C. OTHER
1)
CONTINUED TO 6/16/98 MEETING: Adopt an Ordinance amending
Ordinance No. 97-48, makina minor changes to SubsectioD 3.3 District Rates,
Fee. and Charges otber tban montbly ulCr rates; and providing for reuoaab1e
senice cbargM; ImendlOI SectiOO Four. Lawn Sprinklin&flrrlptloa
Regulations within the Unincorporated Areas or Collier County. amendiag
Section Se\'cn Pcnaltics; pro\iding for ConOicts and Se\'crability; provldiDg for
inclusion In the Code of La","s and OrdinancM; pro\iding for aa dfectiYe date.
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June 9.1993
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2)
Adopt aD Ordinance amcadinl Ordinance No. 97-17, the Collier COUDty
Standards and Procedures OrdIDaDCe, by addiDI a Table 0( CODteatJ;
ameadiDg certain language cbanges ID Sectioa Onc, Findinp and PurpolC;
SectiOD Six. DefinltioDs; SectloD Eight, CODstf\lctioD Approvals and Document
SubmissioD; SectiOD EIC'\'eD, Technical Standards ror Wastewater FKnities;
Section Twelve, Technical Standard. ror Wastewater Transmillion and
Distribution Facilitle. and Non-potable Irrigation Systems; amending Appeadis
"C" Sanitary Sewer System Details; Appendix I'D" Water Distributioa DetaIl.;
and Appendix "E" Water Meter Swng Exhibits; providing for Coamet &ad
Severability; providing ror the IDcluston in tbe Code or Law. IDd Ordlaucer,
and providing aD Effective Date.
3) Communlt)' Development and EnvlronmeDtal Sen1ces DivI.ion requesting
approval or an OrdiDancc amending OrdiDIDce Number 98-5, to correct a
scri\'ener's error resulting from said Ordinance not accurately ref1ecciDI tbe
exact wording, represented to tbe Bukshire Property OWDen AsIoclatioD
relath'e the proposed personal selr-storage racilities to be located Dear tbe N.W.
corner or Da\is Boulevard and Santa Barbara Boulevard.
4) Petition SNR-98-3, Gary K. Wilson or Porter, Wright. Mom. &: Arthur.
representing Luxury Home. at Marsh Links, IDe., requesting a strcd Dame
change from Slippery Elm Court to Persimmon Court. located in PeJiclD
Marsh Unit 8, in Section 35, Township 48 Soutb, Range 15 East.
13. BOARD OF ZO~I1'iG APPEALS
A. ADVERTISED PUBLIC HEARI~GS
1 )
CONTINUED FROM 5/26/98 Petition No. CU-98-J Richard F. Durling
requesting a Conditional Use per Section 2.6.33.4.5 or the Land Development
Code in the Estates "E" zoning district ror a model home ror property located
on the l\'est side or Santa Barbara Boule\'ard, soutb or tbe intersection or
Golden Gate Parkwa)' and Santa Barbara Boulevard, in SectiOD 29. TowDship
49 South. Range 26 East. Collier Count)', Florida.
2) Petition N'o. CU-98-5. Bruce Tyson, ASLA, AICP. orWilsoD. Miller, Barton &:
Peek. Inc. representing The Foundation ror Mental Health, IDe., (Da\id
Lawrence Mental Health Center) ror a Conditional Use. namely Conditional
Use "2" Social & Fraternal Organizations of the "E" Estates waiDg district.
For propert,. located on the north side of Golden Gate Park",., at 6075 Golden
Gate Parkwa)' in Section 29. Township 49 South, Range 26 East, Collier
Count)'. Florida. containing 9.55+ acres.
3) CONTINUED FROM 5/26/98 Petition No. CU-98-6, All American Bomelo IDe.
requesting Conditional Use per Section 2.6.33.4.5 or the LDC for ID enenlioD
of a Temporal")' Use Permit for a Model Sales Center for property located at
930 39'. Street SW (intersection of 39~ Street SW and White Boulevard) in
Golden Gate Estates.
B. OTHER
14. STAFF'S COMMUNICATIONS
15.
BOARD OF COUNTY CO:\t:\tISSIONERS' COMMUNICATIONS
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June 9, 1998
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CONSENT AGENDA - All mitten Ibtcd uDder thb ltaD are coDJldcred to be nudDc ad
actIoe will be takea by oae modoa without lepante dJlalaIoa or eacla IteaL II d'le'IlH- II
clalred by a member 0( tbe Board, tbllt ltem(J) will be raIIOftd from the CoaleDt Acacia ad
coDSldered Jeparately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) RecommeDdltioD to approve E:suvadoD Permit No. 59.649 Mike Holley
Elcavatioa located III SectiOD 21, TowasbJp .ca South, Ruae 27 East: boUDded
00 the Dortb by vacant lot, OD tbe eut and the I01Ith by vacant Imud oa the
west by 4- Street N.E.. R/W
1) This Item hlJ beeD deleted.
3) Request to approve ror recording the FiDaI Plat or Hilltop EJtates aDd approval
or the ~rfonnance Jecurity
B. PUBLIC WORKS
1) EIC'CutIOD or AppralJaI Agreement ror valuatioll o( right-c(-way (or the four-
laning or R2dio Road rrom Santa Barbara Boulevard to Davi. Boulevard.
2) Report 00 the status 0' .11, uroundwater MODitoring Program .t the Naples
Landfill.
3) Accept proposal by Haskins, Inc. for the removal or debril buried 00 site at tbe
Wastc,,'ater Collections Facility located at 6017 Shirley Street, Naples, FlorldL
4)
Approve an alternate road impact fee and an outstanding credit for the Robb
and Stucky Furniture Store addition 00 U.S. 41 North.
5) This item has been deleted.
6) Approve renewal or Annual Contract 96-2498 (or Filed Term Proressioaal
Architectural Scn'iccs.
7) Award Bid N97-r . Airport-Pulling Road MediaD Landsca~ Rd'urbisbmeDt,
and appro\'e a F J&~, Amendment ror lamc and purchase or limerock Deeded
ror Golden Gate .Jleyway Project.
C. PUBLIC SERVICES
1) Authorize the Collier County School Board to prepare the (ood ror the Summer
Food Senice Grant Pro&ram.
1) This item has been deleted.
3) Approve an agreement (or landscape ICmces wltla TECD or CoOler COUDty.
4) Resolution fncrelJing rees for the licensing or dogs and caU la CoUier COUDty.
D. SUPPORT SERVICES
1)
Renewal or the Agreement for Group Benefit Insurance Brokenae Semces.
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June 9, 1998
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2) Award RFP ~2799 (or Mall Cater EqulplDCllL
3)
To ObtalD Board tumlD.tlOD aDd approval 01 tbe IUfttcleac1 0( boacla 01
Count)' oft'lcen.
4) Approval or a Budget AmeDdment Necessary to Recognize EMS Impact Fee
Reserves ror Growth-Related Expenditure. ror Helicopter MalDteDaDce.
L COUNTY ADMINISTRATOR
1) Budget Amendment Report
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction or Lien: NEED MOTION autborizing tbe CbaJrmu to sip
SaclJf'accloD or Lien (or Strvlces of tbe Public: Defender (or Cue Noa.:
9703299-MMA, 9607714-MMA, 9S10623-MMA, 9607260-MMA, 9703710-
MMA, 9703S90-MMA, 9709471-MMA, 970S394-MMA, 9704942-MMA,
9600107-MMA, 97070S6-MMA, 9608S32-MMA, 9708406-MMA, 9707106-
MMA, 9509737-MMA, 9710107-MMA 87-22-MI-TIi'.
2) MISCELLANEOUS ITEMS TO FUE FOR RECORD WITH ACTION AS
DIRECTED.
H. OTHER CONSTITUnONAL OFFICERS
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COUNTY A rrORNEY
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AIRPORT AUTHORITY
17. ADJOURN
INOUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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June 9, 1998
AGENDA CHANGES
BOARD OF COMMISSIONERS' MEETING
JUNE 9, 1998
ADD: [TEM 7(AJ-=-. CITY OF NAPLES' COUNCILMAN JOHN NOCERA REQUEST
PUBUC PE11110N TO DISCUSS SKATEBOARD PARK FUNDING. (COMMISSIONER
BERRf).
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CANCELLATION OF OCTOBER 27TH BCC MEETING.
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PROCLAMA TION
WHEREAS, from Colonial times to the present. Jews have played an important part in the
defense of the United States of America; and
WHEREAS, in 1896 a group of Jewish Civil War veterans organized the Hebrew Union
Veterans. an organization that was later to become the Jewish War Veterans of
the USA; and
WHEREAS, thousands of Jews have died in combat for their country and thousands more
have been awarded combat medals for the performance of their duty in time of
war, A study of Jewish participation in the military during World War II
indicates very clearly that Jews served in the Armed Forces beyond their
numerical proportion to the general population, and they received more than
52.000 awards including the Medal of Honor, the Air Medal, the Silver Star and
the Purple Heart. More than 51,000 Jews were listed as casualties; 11,000 died
in combat; and
WHEREAS, today, the Jewish War Veterans of the USA combats anti-Semitism in all its
forms, carries on an ex!~nsiy'~:p'!ogr.';"1 committed to upholding America's
democratic traditioris;a;q.fig1Itlbl~Pr.eiFdjce, injustice and discrimination
~r'J'", ;,,~.(: :.~~. '''c ,!.Wt~~,"'{." :te:A:'~Ii"" ".f,
of all kinds:.una;':",~< i5 < ~'j:;; '{"j }i:.r../ ;to; 1).
.....t i..' '-:,'''\. ......,:~ ~':"'~. '~~..>>,.,~.~.~ ,~~~~ '~-":h':-'. ~"
',;.#. ,'\ ~'," 't, ":_~""''\'''''''''''''''-.'{~'l:l;", .~".~.,~. ~pot.~
.... ~':^..I/'-., :,... :'.. '~.' ",'/#' ... ',- r~..:......-!;;:_~:,.-./ ,ii",\..
WHEREAS, the lewh'WarPeterans assist veterans aiid.thtl"'&~dents through hospital.
rehabiliiarion:and veterans '..fe;;i~~:rp;;grQ;;tJirJ;d~ins Veterans' Service
. ., . " ~. ...,.., .t~
Offi~~,'staffid by proftSs~onals. in'major clites thtdaghmlt.the Country: and
WHEREAS, t~5r:uh w or Vet1is~;;;;;;:;';:'s~;\ :!J!bition ar the aldest
~:,wterans . org'am, ~atian in Americiz.::....J '~:t;'~\
:-~;i/i"';""J:. I '.. ~"~"". .', ,'..-........1 ~,-",,"loo'lf
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NOW THEREFORE,..be it proclcnm~db;;(he;BOarif.OjCmr;;;, Com ianti!1 of Collier
C:o~'/~~;F.7orida,' rlUif.)"une 'J J ih tiv~ June 14th, t);:designated as
....~'l yi"",."l:''''.'',:'' ri:;'..,.... \ .......;
OPt. :"';.1.'.~~'.: _ ':. ~~.,."^ ~ ,,\ L. .. . . ;,*
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. ~ . JEWlSHJ!i!R YETERANS WE. .'1
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ATTEST:
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AGENDA A.TEM ;' ',....,...'.~
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JUN - 9 1998 .~:~ ~
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EXEctJTlB SUMMAlU:
RECOMMENDA nON TO RECOGNIZE BONNIE STEPHENS, OFFICE ASSISTANT 0,
PURCHASING DEPARTMENT, SUPPORT SERVICES DMSION, AS EMPLOYEE OF
THE MONTH FOR JUNE 1998.
OBJECI1VE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
County .
CONSIDERA nONS:
In the Office Services Section of the Purchasing Department there are two employees who
receive, sort and distribute the mail for the entire County. For the past few ~ one of these
employees has been out due to a work related injury which necessitated that Bonnie assume a
greater responsibility. In addition to her regular duties, Bonnie has had to assume the duties of
the other employee, and train the temporary employees hired to help out. Temporary employees
are just that, temporary, therefore Bonnie has had to train more than one employee which she has
done ",ithout any complaints. Bonnie stiU gets the mail sorted and distributed on a very timely
basis. The mail room is a very demanding job for two people, and Bonnie still managed to do
the work of two people single handily. Her attitude has remained pleasant, and she never fails to
stop what she is doing to help someone out. Bonnie bas done an excellent job over the past few
months, above and beyond the normal course of duty.
Without reservations, Bonnie Stephens was nominated and selected as Employee of the Month
for June 1998,
FISCAL IMP Acr: "Employee of the .Month" selectees receive a $50.00 cash award. Funds
for this award are available in the Department Budget Cost Center 001-121710.
RECOMMENDA'nON: That Bonnie Stephens be recognized as the "Employee of the Month"
for June 1998.
PREPARED BY: l~ f:n:t~
Mary-Jo
Administrative Secretary
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JUN a ~. i355
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APPROVED BY:
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. DATE: ~ ~:I 'i f
Sam Saadeh
Assistant to the County Administrator
l
AGENDA ITEM
"., 5.c...LLJ.-
JUN G e iS38
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COLLIER COUNTY
EMPLOYEE OF THE MONTH
NOMINATION FORM
INSTRUCTIONS:
The objective of this program is to recognize significant contributions to the organization and/or
community by Collier County staff. All full time regular non-supervisory employees who have
completed the initial probationary period and have a good or beneI' overall rating on their most
recent performance appraisal are eligible to be nominated. Please complete an sections of this
form and forv..ard the nomination form to your Department Director.
An employee may be nominated by a fellow employee, immediate supervisor and/or Department
Direction if they satisfy some combination of the follo\\;ng criteria. The specific reasons for the
nomination should be documented below on this form. Attach additional pages ifnecessary.
A. Significant accomplishments beyond normal work responsibilities,
B, Exemplary customer service.
C. Professional achievement (fonnal certification, award recipient, published articles. etc,),
D, Application of a uniquely innovative solution to a problem.
E. Implementation of a recommendation that resulted in cost savings. higher productivity. etc.
F, Active community service.
G, Service beyond the call of duty,
NAME: Bonnie Stephens
POSITION TITLE: Office Assistant II
DEPART~1E~T: Purchasin~
DA TE OF EMPLOYME~T:
SUPERVISOR: Steve Carnell
PAYROLL COST CENTER: 00]-121710
DESCRIBE THE ACTIVITY fRESUL TS AND WHY YOU BELIEVE THIS EMPLOYEE
SHOULD BE A \V ARDED THE EMPLOYEE OF THE MONTH.
In the County is a small section of the Purchasin~ Department that no one thinks about. that is
until they do not receive their mail. In the Office Services Section of the Purchasin2 Department
there are two employees who receive. sort and distribute the mail for the entire County. For the
past few months. one of these employees has been out due to a work related injury. Bonnie has
had to assume a greater responsibility. In addition to her resrular duties. she has had to assume
the duties of the other employee. and train the temporary employees hired to help out. But.
temoorary employees are just that. temporary. therefore she has had to train more than one. This
she oes and \\;th no co laints. B ie ill the mail rted and IS
timel basis, Themail room i a v demandi . 0 for two 0 Ie and e h
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E~LOYEEOFTHEMONTH
NOMINATION
PAGE TWO
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for both. Her attitude had remained pleasant and ~he never fails to stop what she is doini to help
someone out. I believe that Bonnie has done an excellent iob over the past few monthS. ~~~;
and beYond what would be exoected out of anyone.
Nominating Staff Member: Rhonda Snell '. .
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Department Director: y...~, G/.-1.Cf;!
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Date: Sej)tember 30. 1997
Date: '1 (~o/~l7
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JUN f1 9 j~Sa
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CORRIDOR STUDY FOR THE EXTENSION OF SANTA BARBARA BLVD. SOUTH
BETWEEN DAVIS BL YD. AND RA TILESNAKE-HAMMOCK ROAD. (project No.
60091) CIE No. 32
OBJECTIVE: To advise the Board of County Commissioners on the status of the corridor
study for the extension of SlIlta Barbara Blvd. South between Davis Blvd, and Rattlesnake-
Hammock Road and receh'l" direction prior to entering the final detailed analysis portion of the
study.
CONSIDERATIONS: On March 19, 1998, County staff and representatives from the
consultant finn ofWiJson, Miller, Barton and Peek. Inc. conducted a public workshop on the
Santa Bar'lara Extension Corridor Alignment Study. lnfonnation was provided showing the
criteria considered in developing alignment alternatives and the final ranking recommendations
for further evaluation,
The consultant evaluated three north-south alignments for the extension of Santa Barbara Blvd,
from Davis Blvd, to Rattlesnake-Hammock Road and three east-west alignments for a local
collector road from County Barn Road to CR-951. The Board needs to be aware of the criteria
evaluated and the locations of the alternative alignments in order to give staff definite direction
on proceeding witb a more detailed evaluation for two corridor alignments. The most effective
way to inform the Board is to provide a brief review of the public workshop presentation
(approximately 20 minutes) followed by a question and answer period.
FISCAL IMPACT: None. unless the Board directs statTand the consultant to evaluate an
entirely new corridor alignment as is allowable within the contingent services portion of the
existing contract's scope of work. Ifa fOIJrth alignment evaluation is desired, staffmay need to
bring the re....ised contract back to the Board for approval.
GRO\\'TH MA..~AGEMENT IMPACT: None.
RECOMMENDATION: Listen to the abbreviated public workshop presentation and advise
staff on the Board's preferred alignments to be consid~red for further detailed evaluation,
SUBMITTED BY: -;f~ ~
Robert C. Wiley .E.
Q,C.P,M, Project Manager III
Date: S- /S-78
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JUN 0' 1998
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Executive Summary
Corridor SNdy for the Extension of Santa Barbara Blvd.
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REVIEWED BY: ~_ ~ ~~.- ~
Richard J. Hellriege4 P.E.
~Dir:ctOr
REVIEWED BY' ~
Ed Ilsclmer
Public Works Administrator
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Date: ';;~6 bt!)
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Date: y.;uy6>
1IO...1l'WI-
JUN 0' 1998
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Table 7. Alignment alternatives selection param.t.rs .valuat.d and weighting factors (X 100)
applied to each parameter in the alignment IlItematives .valuation matrix.
Weighting Parameter. Evaluated
Factors
COMMUNITY IMPACTS
15 Number parcels impacted (I within ROW)
10 Number parcels bisected or split
20 Number residential units directly impacted (I within ROW)
17 Number residential units within 50' of each side of ROW (noise factor)
10 Undeveloped land wrthin ROW (acres)
15 Public ROW. and easements available (acres within alianment ROW)
6 Cultural impacts (historic/archeological probability zones impacted, ae.)
7 External neighborhood impacts (high, moderate, or low)
PERMIT ABILITY
22 Total wetland impacts (acres within ROW: see 3 sub-parameters below)
(11) High quality wetlands impacted (ac.)
( 7) Moderate quality wetlands impacted (ac.)
( 4) Low quality wetlands impacated (ac.)
7 Surface water body impacts (acres within ROW.)
14 Total listed species habitat impacts (acres potential habitat within ROW:
see 3 sub-parameters below)
(7) High probability habitat impacted (ac,)
(4) Moderate probability habitat impacted (ac.) -
(3) Low probability habitat impacted (ac.)
12 Conservation area impacts (acres within ROW)
21 Difficulty in obtaining SFWMD & Corps permits (high, moderate, or low)
14 Stormwater (ease of compatibility with Lely Stormwater Management
Project plans - good, fair, or poor)
10 Poteniaf contamination sites (# within ROW or within 50' of ROW)
COST
39 Roadway project cost (engineering, ROW acquisition, construction)
22 Additional cost for improvements beyond study area
16 Major utility impacts/conflicts (yes, no)
23 Wetland mitigation costs (off-site mitigation)
TRAFFIC CIRCULATION
19 Direct connection to US41 (for Santa Barbara) or to major arterials (for East-
West Connector) - (yes/no)
16 Access management impacts (I Iccal driveway connections)
20 Compatibility with existing local road system (skews/sight distance issues)
15 Directness of facility (IenQth in miles)
18 System continuity (continuity with 2020 Needs Plan)
12 Ease of movements at termina' end (easy or hard)
OVERALL OBJECTIVES AND WEIGHTING FACTORS
24 Community Impact. (minimize impacts to community)
21 Permit ability (minimize environmental impacts, maximize permitabitity)
26 Cost (minimize project costs)
29 Traffic Circulation (maximize traffic circulation)
Weighting factors in parentheses are sub-weighting factors applied to sub-parameters, Sum of sub-weighting
factors eQuals the weighting factor for the parameter preceding the sub-parameters,
Sum of weighting factors within a given category It,e" cost. permit ability, etc.) equals 100,
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Tabl. 1. Evatuanon matrix for Santa Barbara Boul.vard angnm.nt .Item.tlve. . d.t. for .v.lu.tion param.ter..
EVALUATION PARAMETERS I ALIGNMENT ALTERNATIVES
I A I B C
COMMUNITY IMPACTS
Number parc.ls Impacted (I wfi ROWI 28 42 32
Number percel. biseeted/split 0 15 13
Number resid.ntial units impacted (I wfi ROW) 0 11 12
Number re.id.ntial unit. within 50' of ROW 35 6 5
Acre. und.veloped land within RO W 31.15. 26.43 30.30.
Public ROW /easlments available lacresl 16.86 5.09 1.89
Cultural impects (ae. probability zones impacted) 0 1.49 1.49
Extema' neighborhood impacts (high, mod., low) high low low
PERMIT ABILITY
Total wetland impacts 18,61 25.18 26.86
High quality wetlands (ac.1 5.63 6.04 11.66
Moderate quality wetlands (ac.) 1.01 8,96 5.74
low quality wetlands (ac.) 11.97 10.18 9.46
Surface water body impacts Ilc.1 0.29 0.81 1.01
Total listed species habitat impacts 29.60 34.59 33.70
High probability habitat (ac,) 8.46 8.08 16.58
Moderate probability hlJbitat (ac.' 1.82 18.66 5.42
low probability habitatlac,) 19.32 7.85 11. 70
Conservation area impacts (ac,) 0 0 0,15
Difficulty in obtaining SFWMDtCorps permits low moderate high
Stormwater (compatibility w lely Area plans I cood moderate mod
Contamination sites I' wfl ROW & 50' of ROW) 1 1 1
COST
Roadway proiect cost (eng" ROW, construction) 8,949,500 10,661,600. 1 0,713,000.
Costs for improvements beyond study ar.. (avg.) 1,704,200. 1,746.700. 1,746,700.
Major utility impacts/conflicts Iyes, no) no no no
Wetland mitigation costs 794,851 1,189.703 1,439.381
TRAFFIC elRCULA TION
Direct connection to US41 Iyes/no) yes no no
Access mgmt. impacts {I local driveway connectsl 2 2 0
Compatibility w existing local road system aood moderate moderate
Oirectness of facility (length in miles) 2,050 2,287. 2,309
System continuity w 2020 Needs Pl4ln (yes/nol no yes yel
Ease of movements at termina' end (easylhard) easy hard hard
.Oata values which are different but difference between values is ~5%, thus values assigned equal Icores.
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Table 2. Evaluation matrix for Santa Barbara Boulevard alignment alternative.: non-weighted and weighted
score. a..igned to data value. for evalultion p..",.t.r..
EVALUATION PARAMETERS I NON-WEIGHTED SCORES I WEIGHTED SCORES
A B I C I A B I C
COMMUNITY IMPACTS
Number plrcels impacted (I w/i ROW) 10.00 1.00 7.43 1.50 0.15 1.11
Number plrcel. bisected/split 10.00 1.00 2.20 1.00 0.10 0.22
Number "sidential units impacted (a wli ROW) 10.00 1.75 1.00 2.00 0.35 0.20
Number residential units wjthin 50' of ROW 1.00 9.70 10,00 0.17 1.65 1.70
Acres undeveloped land within ROW 10.00 1.00 10.00 1.00 0.10 1.00
Public ROW/easements Ivailable (Ieresl 10.00 2.92 1.00 1.50 0..... 0.15
Cultural impacts (ac. probability zones impactedl 10.00 1.00 1.00 0.60 0.06 o.oe
Externll neiahborhood impacts (high, mod., low) 1.00 10.00 10.00 0.07 0.70 0.70
Total 7.84 3.55 5.14
PERMIT ABIUTY
Total wetland impacts - -- - 1.84 1.40 0.84
High quality wetlands (ae.1 10.00 9.39 1.00 1.10 1.03 0.11
Moderate quality wetlands (ac.1 10.00 1.00 4.65 0.70 0.07 0.33
Low quality wetlands lac,l 1.00 7.42 10.00 0.04 0.30 0.40
Surlace water body impacts (ae.1 10,00 3.50 1.00 0.70 0.25 0.07
Total listed species habitat impacts -- - - 1.10 1.04 0.60
High probability habitat (ac.1 9.60 10.00 1.00 0.57 0.70 0.07
Moderate probability habitat (ae.1 10.00 1.00 8,08 0.40 0.04 0.32
Low probability habitatlac.) 1.00 10.00 6.98 0.03 0.30 0.21
Conservation area impacts (ac.1 10.00 10.00 1.00 1.20 1.20 0.12
Difficulty in obtaining SFWMDICorps permits 10.00 5.50 1.00 2.10 1.16 0.21
Stormwater (compatibility w lely Area plans) 10.00 5,50 5.50 1.40 0.71 0.71
Contamination sites (I w{i ROW & 50' of ROW) 1,00 1.00 1.00 0.10 0.10 0.10
Totaf 8.44 5.91 2.71
COST
Roadway project cost (eng.. ROW, construction) 10,00 1.00 1.00 3.90 0.39 0.39
Costl for improvements beyond study area (avg.) 10,00 10.00 10,00 2.20 2.20 2.20
Major utility impacts/conflicts (yes. no) 10.00 10.00 10,00 1.60 1.60 1.60
Wetland mitigation costs 10.00 4.49 1.00 2.30 1.03 0.23
Total 10.00 5.22 4.42
TRAFFIC CIRCULATION
Direct connection to US41 (yes/nol 10.00 1.00 1.00 1.90 0,19 0,19
Access mgmt, impact. (I local driveway connects) 1.00 1.00 10.00 0.16 0,16 1.60
Compatibility w existing local road system 10.00 5.50 5.50 2.00 1. 10 1.10
Directness of facility (length in miles) 10.00 1.00 1.00 1.50 0.15 0.15
System continuity w 2020 Needs Plan (yes/no) 1.00 10,00 10,00 0.18 1.80 1.80
Ease of movements at terminal end (easylhardl 10,00 1.00 1.00 1.20 0.12 0,12
Tota' 6.94 3.52 4.96
OVERAll WEIGHTED SCORES
Community Impacts 1.88 0,85 1.23
Permitability 1.77 1.24 0.57
Cost 2.60 1.36 1.05
Traffic Circulation 2,01 1.02 1.44
TOTAL fFINAL SCORES) 8.27 4.47 4.39
Qu.lrty levels of wetlands .nd probabllrty levels of hlted species h.bitats are sub-par.meters of tot.1 wetl.nd .nd tot.' listed
species h.bitat imp.cts. respectively. Aher sub-par.meter score. ar. weighted. thay .r. summed to anv. .t the weighted
score for tha main par.meters (i,e,. total imp.cts), Only m.in p.rameter scores .re lummed 10 .rrive a1 to. ~. '
score for permiu.bili1y. JKi. ''ild;{))_
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Table 3. Evaluation matrix for EastJWeat Connector alignment alternatives. data for evaluation parameters.
.
EV ALUA nON PARAMTERS I AUGNMENT AL TERNA nVES
I A I B C
COMMUNITY IMPACTS
Number parcels impacted (I wli ROW) 30. 27 31.
Number parcels bisected/split 3 0 2
Number residential units impacter, (I wli ROW) 1 1 0
Number residential units within 60' of ROW 1 0 17
Acres undeveloped land within ROW 30.S5 35.37 25.29
Public ROW/easements available (acrtl) 7.8S. 7.81. 11.88
Cultural impacts (ac. probability zones Impacted) 1.72 1.72 3.84
External neighborhood impacts (high, mod., low) low moderate low
PERMIT ABIUTY
Total wetland impacts 31.12 33.26 20.18
High quality wetlands (ac.) 1.97 1.97 0.88
Moderate quality wetlands (ac.) 6.64 9.22 2.92
Low quality wetlands (ac.) 22.61. 22.07. 16.38
Surface water body impacts (ac.) 0.12 0.12 0.33
Total listed species habitat impacts 32.67 35.11 26.13
High probability habitat (ac.) 3.21 3.21 3.83
Moderate probability habitat (ac,) 6.67 9.47 4.62
low probability habitat(ac.) 22.79. 22.43. 17.68
Conservation area impacts (ac.) 0.54 0.54 0.34
Difficulty in obtaining SFWMD/Corps permits high high moderate
Stormwater (compatibility w Lely Area plans) moderate poor good
Contamination sites (, w/i ROW & 50' of ROW) 2 0 0
COST
Roadway project cost leng" ROW, construction) 9.836.200. 9,785.300. 9.957.000.
Costs for improvements beyond study area (avg,) -- - ..
Major utility impacts/conflicts (yes, no) no no no
Wetland mitigation costs 1,073.358 1.194.851 639.896
TRAFFIC CIRCULATION
Direct connection to US41 lyes/no) yes yes yes
Access mgmt. impacts II local driveway connects) 4 2 22
Compatibility w existing local road system good good good
Directness of facility (length in miles) 2.679- 2.660 - 2.70S-
System continuity w 2020 Needs Plan (Y8$/no) yes no no
Ease of movements at terminal end leasylhard) eay easy .asy
.
.Oata values which are different but difference between values is ,S5%. thus values assigned equal scores.
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Table 4. Evaluation matrix fOf EutlWe.t Connector alignment elternative.: non-weighted and weighted scor..
assigned to dltl value. 'Of nwation peramet.,..
EVALUATION PARAMETERS I NON-WEIGHTED SCORES I WEIGHTED SCORES
I A I 8 C 1 A I B I C
COMMUNITY IMPACTS
Number percel. impacted II wfi ROW) 1.00 10.00 1.00 0.15 1.50 0.15
Number Darceta ~cted/.plit 1.00 10.00 4.00 0.10 1.00 0.40
Number residential uniU Impacted ., wli ROWI 1.00 1.00 10.00 0.20 0.20 2.00
Number residential unit. within 50' of ROW 9.47 10.00 1.00 1.61 1.70 0.17
Acre. undeveloped land within RO' it 5.70 10.00 1.00 0.57 1.00 0.10
Public ROW/easemonts available lacr..) 1.00 1.00 10.00 0.15 0.15 1.50
Cultural imp.eta (ac. D1'obability zones impacted) 10.00 10.00 1.00 0.60 0.60 0.06
External neiQhborhood impacta IhiQh. mod.. low) 10,00 5.50 10.00 0.70 0.39 0.70
Total 4.08 6.64 15.08
PfRMITABIUTY
Total wetland impacts -- - -- 0.48 0.22 2.20
High quality wetland. lac,) 1.00 1.00 10.00 0.11 0.11 1.10
Moder.te qu.litv wetlands (IC.) 4.69 1.00 10.00 0.33 0.07 0.70
Low qu.lity wetland. (ae.) 1.00 1.00 10.00 0.04 0.04 0.40
Surface water body impact. (ac.1 10.00 10.00 1.00 0.70 0.70 0.07
Total listed .pecies habitat impaeta -- - - 0.98 0.77 0.77
High probability habitat (ac.) 10.00 10.00 1.00 0.70 0.70 0.07
Moderat' probability habit.t (ac.1 6.20 1.00 10.00 0.25 0.04 0.40
low probability habitat(ac,) 1.00 1.00 10.00 0.03 0.03 0.30
Conservation .rea imp.cts (ac.) 1.00 1.00 10.00 0.12 0.12 1.20
Difficulty in Obtaining SFWMD/Corps permits 1,00 1.00 5.50 0.21 0.21 1.16
Stormwater (compatibility w Lely Area plans) 5.50 1.00 10.00 0.77 0.14 1.40
Contamination sites (I wfi ROW & 50' of ROW) 1.00 10.00 10.00 0.10 1.00 1.00
Total 3.38 3.16 7.80
COST
Roadway project cost (eng., ROW, construction) 10,00 10,00 10,00 3.90 3.90 3.90
COSls for improvement. beyond study area (avg,) 10.00 10,00 10.00 2.20 2.20 2.20
Major utility impacts/conflicts (yes. no) 10,00 10.00 10.00 1.60 1.60 1.60
Wetland mitigation costs 2,97 1.00 10.00 0.68 0.23 2.30
Total 8.38 7.93 10.00
TRAFFIC CIRCULATION
Direct connection to US41 (yes/no) 10,00 10.00 10.00 1.90 1.90 1.90
Access mamt. impacts (, local driveway connects) 1.90 1.00 10.00 0.30 0.16 1.60
Compatibility w existing local road .ystem 10.00 10.00 10.00 2.00 2.00 2.00
Directness of facility (length in milesl 10.00 10.00 10.00 1.50 1.50 1.50
System continuity w 2020 Needs Plan (yes/no) 10.00 1.00 1.00 1.80 0.18 0.18
Ease of movements at terminal end (easylhard) 10.00 10.00 10.00 1.20 1.20 1.20
Total 8.70 6.94 8.38
OVERAll WEIGHTED SCORES
Community Impacts 0.98 1.57 1.22
Permitability 0.70 0.66 1.64
Cost 2.18 2.06 2.60
Traffic Circulation 2,52 2.01 2.43
TOTAL IFINAL SCORES) 6.39 6.31 7.89
"
Quality levels of wetlands and probability 'evels of hsted spec..s habItats are sub-per.meters of total wetland and totalUsted
species habitat impacts. r.spectively, After lub-parameter scores are weighted. they are summed to arlve at the weighted
score for the main parameters li,e., tot.1 impacts). Only main parameter scores are summed to .rrive It t . hted
score tor permittability. NO. "J7'4}}Y--
JUN 0 9 1998
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EXECUTIVE SUMMAU,
COUNTY GOVERNMENT PRODUCTIVITY COMMJ1TEE'S REPORT AND
RECOMMENDA nONS ON ITS EV ALUA nON OF THE COLLIER COUNlY
AIRPORT AUTHORITY'S BUSINESS PLAN.
pBJECTIVE: To present the County Government Productivity Committee's report and
recommendations resulting from its evaluation of the Collier County Airport Authority's
Business Plan.
CONSIDERATIONS: The Productivity Committee was requested by Commissioner
Mac'Kie to evaluate the Airport Authority's Business Plan and present its findings prior to the
fiscal year 1999 budget workshops scheduled in June.
The sub-committee on Economic Development thoroughly revie\1:ed and evaluated the
Airport Authority's Business Plan, plus two additional planning and operational reports, for
completeness and capacity to meet its goals and financial objecti~es. The sub-committee also
reviewed the Airport Authority's marketing plan and video, and met with the Airport
Authority Executive Director, Mr. John Drury, and other staff members and found them to be
very helpful and responsive to all requests. The sub-committee also visited the Immokalee
and Marco airports and surrounding communities.
The sub-committee believes that the Airport Authority can make a major contribution to
Collier County in its role as an economic diversification catalyst and business resource.
Additionally, the Airport Authority's goal of financial self-sufficiency could be achieved at an
earlier date than now projected if additional emphasis is placed on marketing.
FISCAL IMPACT: To be detennined,
GROWTH MANAGEMENT: None.
RECOMMENDATION: That the Board of County Commissioners accept the County
Government Productivity Sub-committee's report on the evaluation of the Collier County
Airport Authority's Bus: ss Plan.
/)~
Date:
f~fr8
PREPARED BY:
ittee Chair
t Productivity Comm.
REVIEWED BY: f11~;?~
Michael Smykowski, Director
Office of Management & Budget
Vale: (PI"! /9 tf'
REVIEWED BY:
Robert Fernandez, Administrator
Collier County Government
I'II/~
Date:
AGENDA ~
No_ /OJ:::L
JUN 09 1998
Pg. 1-
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Purpose and Background
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puq>ose:
This sub-committee was requested to review the Airport Authority's business plan to
determine its completeness and capacity to meet its goats and fmancial objectives.
Related findings from this evaluation will be included in the final analysis of the
Collier County's economic development and diversification plan now in progress.
As part of the analysis, the sub-committee members read the Collier County Airport
Authority's Business Plan and met on two separate occasions with Mr. John Drury,
Executive Director and other staff members. They visited the Immokalee and Marco
Airports, surrounding communities, and reviewed two additional reports (planning
and operational) that were requested. Mr. Drury and his staff were very helpful and
responsive to all requests. We found the observed facilities to be efficiently
operated. Mr. Drury is knowledgeable in the field of airport management and
presented the Business Plan in a professional manner.
J3ackground:
During its relatively brief existence (since 1993), the Airport Authority (AA) has
been able to upgrade its three airport facilities to relatively modem levels. It has
delivered on its goal to convert them from primarily landing strips to full-fledge
airports. It also has done a commendable job in expanding the quantity and quality
of products offered to their present users and tenants.
The AA has prepared a business plan to map out its multiple roles as a key provider
of transportation services in Collier County and as a vital resource to the economic
development and diversification plans of the County. The primary goals ofthe plan
are:
1. Provide an effective and efficient air transportation system for Collier County
and serve as a viable interchange ramp for the national system.
2. Become financially self-sufficient
3. Enhance the competitive advantages or Collier County's economic resources
base.
4. Identify and attract new and progressive industries to locate inside the airport's
boundaries and throughout their respective host communities.
- 1 -
AGENDA I~M
No. lOR
JUN 0 9 1998
Pg. ~.
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Executive Summary
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The Citizen's Productivity Sub-committee believes that the Airport Authority can
make a major contribution to Collier County in its role as economic diversification
catalyst and business resource. As its motto succinctly expresses, "Airports are for
people who don't fly".
The Sub-committee also believes that the AA's goal of financial self-sufficiency
could be achieved at an earlier date than now projected if additional emphasis is
placed on marketing.
Eirn... the Airport Authority needs a more focused and aggressive execution of its
marketing program, along with a more detailed implementation design.
The projected 10 year lapse before the AA expects to become financially self-
sufficient is based for the most part on projected values oflocal determinants of
demand. However, some of these values are based on expectations of uses beyond
traditional airport operations for Collier and outside the AA's direct control. For
example: "local operations have historically accounted for nearly 85% oftotal
operations at the airport due to the high number of training operations by non-based
aircraft. Local operations are forecasted to decrease (as a percentage of total
operations) through the planning period as based aircraft increase and the airport is
used more for business purposes." - Airport Master Plan; Chapter 2, Aviation
Demand Forecasts, Immokalee Regional Airport.
.
Also, the growing importance of the Everglades and Immokalee airports are
supported by the Plan's budget projections. For example, the relative contribution of
the Marco Island Airport to the total operational surplus of the AA is expected to
decline as the revenue potential of Marco's facilities reach saturation. Halfway
through the 10 year planning period (year 2003), Marco Airport is the sole surplus
($) producer projected to net an aggregate growth in revenues of about 760%.
However, during the second half of the planning period (to year 2008), its aggregate
growth is forecasted at just 112% while Immokalee Regional Airport is forecasted at
about 9S 1 % and all in surplus funds. Everglades Airport, on the other hand, is
forecasted to remain in a deficit status throughout the 10 year planing period,
diminishing by just under 2()o,Io by the year 2008.
The implementation support would be facilitated by the following:
1. Hiring an experienced marketing firm to package and promote the airport
facilities, their surrounding communities and their geographic markets and
distribution paths. AG~A ~
No. IO..1=L
-2-
JUN 09 1998
Pi. 3.
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2.
Offering qualified developers and real estatelbusiness brokers incentives to
find suitable business tenants within the industries targeted.
3. Channeling every County, State and Federal Economic Development
resources available, towards upgrading and expanding the business
infrastructure of the airport's host communities. In particular, Everglades
City and the Imrnokalee areas.
Second. the list of the Aviation industry's products and user/tenants targeted are
based on years of experience and current knowledge of industry trends and AA's
resources capabilities. However, the same cannot be said for the balance of the
industries in the list.
The selection of each of the targeted industries and respective location-compatible
businesses need to be anchored on an objective evaluation of each of the host
communities' and surrounding areas resource base and market access. Only after
this objective inventory of resources and competitive advantages is completed,
should recruiting lists and preference rankings be detennined. In essence, resource
compatible industries must be identified for each airport service area first, then
suitable businesses with an affinity to the respective communities can be selected and
courted.
..
Further, each of the targeted industries must be accompanied with a list of
customized strategies, time tables, inputs, accountable individuals/entities and
monitoring/control and feedback mechanisms. Just listing the industries, no matter
how compatible they may be to the area will not suffice. Specificity of action will
provide focus, emphasis, time pressure and a documented record of what did and did
not work.
Ib.inla the revenue currently credited to each of the airports is limited to products
sold within their premises. No opportunities are made available for the airports to
share in their direct contribution to the overall tax base expansion oftheir host
communities. An expanded and more equitable participation in such incremental
revenue would stimulate the AA's irutiative, creativity and capacity to grow.
A vital ingredient of a viable revenue apportionment and sharing program is a
modem point-of-sale and attributed-revenues accounting system. A mechanism
capable of on-line recording and reporting of relevant transactions and attributions is
required.
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AGEtiO~ IT~
No.--1CLf:::L
JUN 09 1998
pg.~
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Observations and Recommendations
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The Collier County Airport Authority's Business Plan is backed by a well thought
out analysis with a mix set of goals and strategies worth implementing. The AA
and Mr. Drury have gone beyond the typical airport operations scope of activities
and embraced economic development and diversification goals and strategies that
will benefit the economy of the entire Collier County. The vision to develop
Immokalee and the Immokalee Regional Airport as the "business airport" is
outstanding. The business incubator once operational should prove its worth in short
order and serve as testimonial to prospective newcomers from the target industries.
1. Revenue generation and sources.
Observation
. The AA bases its revenue projections on products offered within each facility's
boundaries. It's financial forecasts do not take credit for the airports contribution
to the tax base expansion in their respective communities.
Recommendation
. It would be more accurate, equitable and a source of motivation to implement a
revenue apportionment mechanism that would allow the AA to share on the
increases they help generate. The end objective would be to make each airport a
full fledged profit center.
.
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Observation
. Marco Airport Service Area does not have the size or the composition of demand
(primarily residential) to carry financially the other two airports. It's potential for
generating additional surplus is well1imited by its population capacity and
residential real estate limitations. Marco Island is a relatively small enclave.
Recommendation
. Emphasize the allocation of pubic resources towards the rapid development of
Immokalee and Everglades City Airports.
Observation
. There are no adequate numbers of relevant benchmarks to gauge
-g -AGENDA I!tM
No. It') f::::L-
JUN 09 1998
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~ommendation
. Expand the list ofbencbmarks beyond the financials into operational ones such
as revenue per square foot, cost per activity, business recruitment success rates
and other productivity indicators that would provide frequent feedback.
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2. Aiwort Areas' Resource Base
Observ.tlon
. Due to the limited remaining resources left, the AA now needs to depend heavily
on demand driven growth Cor additional improvements. However, demand
driven growth is dependent not only on each airport's resources, but also on the
surrounding community's support strUctures.
~ecommendation
. Relevant County and other contributing public units should be directed to close
the existing resource gaps, in particular in the transportation and
telecommunications sectors.
. Research by Enterprise Florida indicates that key resources (in order of
importance) emphasized by companies in choosing their plant locations are:
. Labor availability
. Transportation Cacilities
. Telecommunications
. Financial sources
Observation
. The business plan identifies a number of competing airports with longer presence
in the market and apparently successful in providing traditional services as full
fledge airports.
Recommendation
. The competition from neighboring airports will have a milder impact on the AA
operations if the AA emphasizes the development oC growth industries over
traditional aviation sector businesses.
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AGEfiO.A IT~
No..JQ.J:L
JUN 09 1998
PI. t, II
A stronger and more stable tenant and user mix (less seasonal and cyclical) will be
achieved by emphasizing the "interchange ramp" strategy. The AA's facilities
provide a unique appeal as manufacturing platforms and distribution points to move
goods from plant-ta-port (sea or air) or to markets.
.
Observation
. The approximately 8 minutes long video being used to promote the Immokalee
Regional Airport is misleading, if not one of its worst enemies. It attempts to
make Naples and Immokalee appear to be an extension of each other when in
reality they are worlds apart. This video definitely ends up promoting Naples at
the expense of Immokalee
Recommendation
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. Revise the video to showcase the abwlCiant industry related resources availability
such as land, warehouses, strategic geographic location, abundant supply oflabar
force, access to I-7S, nearness to sea and airports, lack oftraffic gridlock,
preferential zones, etc. Leave the recreational and luxury aspects of Urban
Collier for the end, if at all.
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3. Target Industries
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Observation
. The selection of target industries for each airport is based primarily on the
extension of established uses and traditional aviation related businesses or, on
leads, hunches or other non-empirical sources for the non-aviation sectors.
Recommendation
. Thoroughly review the resource base of the relevant geographic areas for each
airport facility and match against t'1e resource requirements for each of the
potential target (Le. emerging and growth) industries. Only industries with
compatible "fit" would be assisted to locate within the airport boundaries or in
the general vicinity. Moreover, the AA should limit its marketing efforts only to
suitable businesses within the targeted industries. These would be businesses
with affinity in stage of their product(s) life cycle, self-perception, goals,
corporate culture, etc., to each of the airport's host communities.
. Desired industries without a ready match could be targeted at a later date when
the quantity and quality of the local inputs develop adequately.
AGENDA ~
No. h t::L.-
JUN 09 1998
PI. 7.
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. The target industries enumerated on the current list lack specific
action/implementation plans.
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Recommendation
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For each target industry selected there should be an accompanying set of
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objectives (e.g. numbers and sizes of businesses, stage in life cycle,
nature of clusters, expected contributions to airport revenue and area
income and employment)
time table(s) for each objective
accountability by individual and office for each objective
preventive controls and feedback mechanisms
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. Surrounding airports and their service areas are viewed primarily as sources of
competition. However, the resource base of these "competing" areas may well be
complementary with ours for business opportunities presently bypassed, andlor to
penetrate larger markets.
Recommendation
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. Review the resource base and plans of these facilities and detennine the
possibility of establishing business alliances; ventures that could tap existing and
new markets, both domestic and international.
4. Marketing
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. No memorandum ofundcrstanding or joint operating document outlining specific
areas of support, tasks, funding sources, acco1.Ultability, etc. exists between the
Airport Authority and other vital support groups from the County. Their
interfacings have been left to informal1.Uldcrstandings.
Recommendation
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. The AA, besides having very limited resources, does not have the necessary
authority and expertise to undertake marketing and community development
efforts. Activities in which simultaneous progress are essential for ! Ucces~GEtiD~ I~
- 7 - No.--lQ...t:L
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Public offices as well as private institutions participating in the overall County's
economic development efforts should be enlisted by the County Administrator to
adopt specific tasks from the AA's business plan. Specificity, accountability and
coordination must be explicit components of these written compact(s).
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. Limited land and labor availability at Everglades City require that the targeted
businesses offer products with high turnover and high profit margins. The City's
small market base also requires it
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Recommendation
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. Review feasibility of developing tourist packages of either one day stays or a
short number of days. If longer visits are required, combine the packages with
other nearby cities such as Naples and Imrnokalee that could offer adequate
rooming.
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. The real economic impact of the AA will not be captured by limiting its scope to
economic activities within its boundaries. It's major contribution will be derived
from its role as catalyst for each of its host communities economic development
and diversification objectives.
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. EDC should mount a more focused and effective drive to market both the
Immokalee and Everglades City airports and their surrounding communities.
The EDC should maintain a physical presence in both ~ but particularly in
Irnmokalee. The EDC involvement should be at all times subordinate to and
supportive of the plans outlined by the above recommended experienced
marketing finn.
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Observation
. The AA lacks the capacity to maintain a complete and accurate record of all its
facilities users and their market profiles.
Recommendation
. The AA should invest in a point-of-sale system that will permit the
implementation of a customer evaluation and marketing measuremen
s-WbusinesxvalCCairport.doc - 8 -
JU.N~~ 1998
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EXECUTIVE SUMMARY
PETITION PUD-97-19, MR. WILLIAM L. HOOVER, REPRESENTING GARRETT F. X.
BEYRENT, REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED
UNIT DEVELOPMENT TO BE KNOWN AS TIIE MAGNOLIA POND PUD FOR PROPERTY
LOCATED ON THE NORTH SIDE OF 1-75 AND APPROXIMATELY ONE-HALF MILE WEST
OF CR-951, IN SECTION 34, TOWNSHIP 49 soum, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 42.05 ACRES MORE OR LESS.
OBJEcrIVE:
This petition seeks to have certain property rezoned from "A" Agriculture to "PUD" Planned Unit
Development to allow for a multi-family residential development.
CONSIDERATIONS:
The proposed Magnolia Pond PUD lays out a development scheme consisting of 294 dwelling units
with accessory recreation amenities, lakes and other open spaces on a total land area of 42.05 acres
more or les.c;. This results in a density of 6.99 dwelling units per acre. The residential dwelling units
are projected to be developed as villas, coach homes or condominium units, however, the PUD also
permits single and two family dwelling units. Access to the site is from Access Road No.2 which is a
60 foot wide public right-of-way. This public right-of-way provides access from CR-951 and is
located along the south side of the Golden Gate Health Park extending westward to the Heron Lake
POO. This road is projected to eventually connect with Santa Baxbara Boulevard.
The PUD Master Plan illustrates a residential developm=t at a density of 6.99 units per acre which is
currently consistent with the GMP. In addition. the Golden Gate Health Park PUD to the east is
approved at a density of 6.8 units per acre while the Heron Lake PUD (approximately 1,000 feet to the
west) is approved at 5 dwelling units per acre. Furthermore, the adjacent property to the northwest is
currently undeveloped and zoned agriculture, The Agriculture Zoning District only pemilts a density
of 1 unit per 5 acres. It should be noted that lands to the north of the Golden Gate Canal lies existing
single family homes that are zoned RSF-3. Nevertheless, the sep:aration created by the canal will
minimize exposure to the proposed development and therefore lessens the relationship from a
compatibility viewpoint. Lastly, the future rezoning of adjacent agricultura1land to residential land
uses with a density between 4 and 7 units per acre is anticipated since the land is within the 1-75 &. CR-
951 Activity Center Density Band, notwithstanding the results of the density reduction study being
prepared by staff.
The proposed project density is consistent with the density rating system currently contained in the
Future Land Use Element (FLUE) and is based on the following relationship as noted below:
Base Density
Activity Center Density Band (Eligible Bonus)
Maximum Pennitted Density
+4 dwelling units per acre
+ . .
7 dwelling units per .::1E(!1Jt)
JUN 0 9 1998
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The requested density of 6.99 units per acre is slightly less than what the site is eligible to receive by
the FLUE and its density rating system. As a result, this petition is consistent with the Growth
Management Plan. Notwithstanding the above, staff in reviewing the determinants for adequate
findings to support a rezoning action advise as follows:
The future rezoning of agriculturally zoned land in the area to residential land uses with a density
between 4 and 7 units per acre is anticipated since the land is within the 1-75 & CR-951 Activity
Center Density Band. In additio~ the lands in the 1-75/CR-951 Activity Center are currently
developing with commercial uses that primarily serve the traveling public such as hotels and
restaUrants. These projects are also approved for industrial uses. Conversely, the development trends
along the northern corridor of CR-95 I are generally at lower densities such as the Estate zoned
properties (1 unit per 2 1/4 acres) which are located on the northeast side of CR-95l and the RSF-3
zoned properties to the north of the subject site. The development trends at the north end of CR-95 1 are
illustrated by the recently approved Golden Pond PUD which was approved at 4 units per acre and the
Vanderbilt Pines PUD which has a density of 2.5 units per acre. It should be noted that these projects
are located outside the density band. The southern corridor of CR-95 1 is approved with residential golf
course communities such as Forest Glen, Naples Heritage and Naples National Golf Club. These
projects have been approved at lower densities that range from 1.43 units per acre to 2.7 units per acre.
Since the Heron Lake PUD (5 units per acre) is 1.8 units per acre less than the Golden Gate Health
Park PUD (6.8 units per acre), staffis of the opinion that a density 5.5 units per acre on the subject site
is an appropriate transition density between the two projects. However, during the Collier County
Planning Commission meeting, the cepc determined that a density of 6 units per acre would be an
acceptable transition density. To improve compatibility the proposed master plan limits the location of
future dwelling units to the internal portions of the site and is surrounded by preserve areas on the
southwest, south and southeast sides of the project. The proposed preserve area will encompass 10.5
acres and is located around the perimeter of the PUD to buffer the project from 1-75. In addition, a
berm and wall or combination thereof, has been provided for in the PUD document along the border
with 1-75. There is also a lake in northern property area along the canal which will act as an additional
buffer area. Furthermore, the petitioner indicates that fot all practical purposes the canal and right-of-
way will ensure that structures along the northeast PUD boundary are setback over 160 feet from the
RSF-3 zoned lands to the north.
The PUD's stated intent is to construct residential units with a maximum height of 35 feet for single
family and 38 feet (3 stories) for condominiums. Development standards relative to each housing
stnlcture type are generally consistent with the standards for conventional residential zoning districts.
Since the project is designed around a large preserve area along the south, southwest and southeast
property line, the project will be buffered from 1-75. The proposed use and dwelling types are
compatible with dwelling types approved in the Golden Gate Health Parle PUD to the east and the
Heron Lake PUD to the west. Furthermore, the application of PUD development standards and
architectural theme requirements should remove any perception that there are any incompatibility in
dwelling types with adjacent land areas. Staff is also of the opinion that a multi-family condominium
project is generall~ more compatible with ~ adjacen: interstate highway due to the high ~F.\oI
generated by the highway. To reduce the hIghway noIse, the PUD docwnent provides fj a ~
fence, or combination thereofadjaccnt to the 1-75 right-of-way. Wt>}c.J)
2 JUN 0 9 1998
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The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,630
weekday trips and 120 Peak Hour (AM). The TIS indicates that the project trips )"ill not exceed the
significance test (5 percent of the LOS "e;' design volume) on CR-951 after trip assignments are made.
In addition, this proposed residential development will not lower the level of service below the adopted
LOS "D" standard. The Traffic Circulation Element (TCE) lists this segment of CR-951 as a 4 lane
arterial road. The current traffic count is 28,102 PSDT and is operating at LOS "C". The TIS indicates
that the proposed development is projected to be completed between 3 to 5 years. As a result, the site
generated trips will not adversely impact any road segment operating below it's adopted level of
service standard at the build-out of this PUD. Therefore, this petition is consistent with TCE policies.
In addition, the Transportation Department hu sdpalatedtbat Acca. Road No. 2 sbaD be
brought up to County standards with respect to grading, paving aDd drainage. This work sba11 be
the responsibility of the developer and shall be in place prior to the issuance of any certificates of
occupancy. Furthermore, the petitioner agreed with the Transportation Services Department request to
keep the right-of-way within the subject site at 60 feet to be consistent with County standards.
Regarding the matter of timin~ it should be appreciated that urban commercial development has beal
approved within the CR-951 and 1-75 Activity Center. After considering the availability of community
infrastrocture and services it is clear that the development of the subject property is timely and
consistent with the FLUE to the GMP. This petition was also referred to staff with jurisdictional
responsibility for reviewing land use petitions for consistency with certain elements of the GMP. The
environmental review indicates that a Gopher tortoise relocation/management plan at the time of site
development plan review is required. In addition, the native vegetation preservation or re-vcgctation
requirements of the LDe will be achieved by the design of the master plan, therefore the Conservation
and Open Space Elements of the GMP will be ac}11eved by the PUD development strategy. The subject
property is readily accessible to a whole range of community facilities along CR.951 which provides
shopping and medical facilities all within a short driving distance. Both water and sewer facilities are
available to the property and will be extended as a consequence of future platting and/or SDP approval.
This review supported a finding that an action to rezone the property from "A" Agriculture to the
"PUD" Planned Unit Development zoning classification is consistent with applicable clements of the
Growth Management Plan.
The Collier County Planning Commission reviewed this petition during their public bearing on May
21, 1998. By a vote of 8 to 0, they forwarded Petition PUD-97-19 to the Board of County
Commissioners with a recommendation of approval subject to limiting the density to 6.0 units per acre,
increasing the right-of-way within the PUD to 60 feet and revising the Water Management Stipulation
in Section 5.6 E as requested by John Boldt.
FISCAL IMPACT:
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GROWTH MANAGEMENT IMPACT:
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None.
JUN 0 9 1998
P. 3
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~~:~.t', .-. PLANNING COMMISSION RECOMMENDATION:
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,~.~. ,The Collier County Planning Commission (CCPC) recommends approval of Petition PUD-97-10,
~}::;,'. 'being an application to rezone certain property from "A" to "PUD" subject to limiting the density to
~;ht., : 6.0 units per acre and the approval conditions that have been incorporated in the PUD document as
1:':': d..cribed in the Ordinance of Adoption and Exhibits made a part oftbis executive summlll)'.
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PREPARED BY:
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RAY LLOWS, PRlNClP AL PLANNER
CURRENT PLANNING SECTION
ONALD NINO, AlCP, MANAGER
CURRENT PLANNING SECTION
~A1CP. DIRECTOR
PLANNIN ERVI~ D~
VlN A. AUTERO, AlCP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMEN: AL SVCS.
PUD-97-191EX SUMMARYIRVB/rb
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MEMORANDUM
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FROM:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
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RE:
APRIL 21, 1998
PETITION NO: PUD-97-19, MAGNOLIA POND PUD
~': OWNER/AGENT:
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Agent:
William L. Hoover, AICP
Hoover Planning Shoppe
2223 Trade Center Way
Naples, Florida 34109
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Owner:
Garrett F. Beyrent
3115 County Road 951
Naples, Florida 341~
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~ REQUESTED ACTION:
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t This petition seeks to rezone the subject site from its current zoning classification of " A" Agricultural
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GEQGRAPHIC LOCATION:
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The property is located on the north side of 1-75 and approximately one-half mile west of CR-95 1 in
Section 34, Township 49S, Range 26E. (See location map following page).
PURPOSElDESCRIPTION OF PROJECT:
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The proposed Magnolia Pond PUD lays out a development scheme consisting of 294 condominimn
units with accessory recreation amenities, lakes and other open spaces on a total land area of 42.05
acres more or less. This results in a density of 6.99 dwelling units per acre. The residential dwelling
units are projected to be developed as villas, coach homes or condominium units. The PUD also
permits single and two family dwelling units. Access is by an existing 60 foot pub c n ~~
(Access Road No.2) which is located along the south side of the Golden Gate Health ark. ~
provides access from CR-951 to the eastern side of the subject site.
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SURROUNDING LAND USE AND ZONING:
The entire area is vacant land with site vegetation consisting of palmettos, grape vine .
and other vegetation. The site is heavily invaded with exotics, and includes three
wetland areas. The land is zoned " A" Agricultural.
Existing:
Surrounding:
North - To the north is the 160 foot wide Main Golden Gate Canal easement.
North of the canal is RSF-3 Zoning with single family homes. To the
northeast is an undeveloped 5 acre Agriculturally Zoned parcel that is
heavily wooded.
East - To the east is the Golden Gate Health Park PUD. The western 40
acres of this PUD is approved for residential uses at a density of 6.8
units per acre. The eastern 34 acres are within the Activity Center and
are approved for commercial land uses.
South - To the south of the project is Interstate 75, whose right-of-way is
approximately 350 feet wide adjacent to the site.
West- To the west is undeveloped, wooded Agriculturally Zoned property
that is also within this Residential Density Band.
GROWTH MANAGEMENT PLAN CONSISTENCY:
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Project lands are located with the Urban-Urban Residential-Mixed Use designated area on the FLUE
Map to the GMP. A consistency analysis with applicable elements of the GMP is as follows:
FLUE and Density - The project density of 6.99 dwelling units per acre is consistent with the
density rating system contained in the Future Land Use Element and is based on the fonowing
relationship as noted below:
Base Density
Activity Center Density Band
Maximum Permitted Density
+4 dwelling units per acre
+3 dwellin2 units per acre
+7 dwelling units per acre
Because the site is located within a density band, the Board of County Commissioners may approve
three (3) additional dwelling units per acre for' a total of seven (7) per acre. The Intent behind
providing a density bonus is to enconrage development of these parcels to take advantage of
existing public facilities and utilities available to the area, and to discourage development
outside existing urban areas and into rural areas of the connty. Since, the requested density of
6.99 units per acre is approximately the same as what the site is eligible to receive by the FLUE and
its density rating system, this petition is therefore consistent with the Growth Management Plan. The
adjacent Golden Gate Health Park PUD to the east was approved with a density bonus which allows
for a total density of 6.8 units per acre.
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Trame Circulation Element - The Traffic Impact Study (TIS) indicates that the proposed project will
generate approximately 1,630 weekday trips and 120 Peak Hour (AM). The TIS indicates that the
project trips will not exceed the significance test (5 percent of the LOS "e" design volume) on CR-
951 after trip assignments are made. In additio~ this proposed residential development will not
lower the level of service below the adopted LOS "0" standard. The Traffic Circulation Element
(TCE) lists this segment of CR-951 as a 4 lane arterial road. The current traffic count is 28,102
PSDT and is operating at LOS "C'. The TIS indicates that the proposed development is projected to
be completed between 3 to 5 years. The site generated trips will not adversely impact any road
segment operating below it's adopted level of service standard at the build-out of this PUD.
Therefore, this petition is consistent with TCE policies.
Conservation and Open Space - Acreage qualifying as jurisdictional wetland total 14 acres. Together
with the green area (26.5 acres), lakes (6.8 acres), and water management areas, qualifying open
space exceeds sixty (60) percent of the gross area. Native vegetation preservation or re-vegetation
requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of
native species, therefore the Conservation and Open Space elements of the G~{P will be achieved by
the PUD development strategy.
Utilities and Water Manaiernent - Development of the land will proceed on the bases of connection
to the County's sewer and water distribution system. These facilities are to be designed, constructed,
conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76.
Water management facilities will be constructed to meet County Ordinances and these will be
reviewed and approved as a function of obtaining subsequent development order approvals. The
above prescribed course of action makes this petition consistent wi~h this element of the GMP.
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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.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
EV ALUA nON FOR ENVIRONMENTAL.. TRANSPORT A nON AND INFRASTRUCTURE:
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The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Department. The petition
was reviewed by the EAB on February 4, 1998 and they recommended approval subject to certain
revisions to the PUD which have been included in the PUD document. Jurisdictional staff also made
recommendation for modification of PUD provisions to ensure compliance with LDe requirements
and these are also included in the PUD regulations. This includes the submission of a
relocation/management plan at the time of site development plan review.
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The Transportation Department has stipulated that access road No.2 shan be brought up to County
standards with respect to grading, paving and drainage. This work shalt be the responsibility of the .
developer and shall be in place prior to the issuance of any certificates of occupancy.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable detennination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specificany noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code Lius
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the BCC. 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 fonowed by a summary conclusion culminating in a
detennination 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, anti whether or not a rezoning action .
would be consistent with the Collier County GMP in alt 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 usualty dealt with as a facet
of analyzing the relationship of the rezoning action to the long range plan for future land uses.
Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies
specificalty 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. As reported above the Future Land Use Plan acknowledges the entire area as an area where
urban residential development is expected to occur. The PUD Master Plan illustrates a residential
development at a density of 6.99 units per acre which is consistent with the GMP. In additio~ the
Golden Gate Health Park PUD to the east is approved at a density of 6.8 units per acre while the
Heron Lake PUD (approximately 1,000 feet to the west) is approved at 5 dwelling units per acre.
However, the adjacent property undeveloped and currently zoned agriculture which pennits lower
density of 1 unit per 5 acres. To the north of the Golden Gate Canal ties single family homes,
nevertheless the separation created by the canal minimizes exposure and lessens the relationship from
a compatibility viewpoint.
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It should be noted that future rezoning of agriculturally zoned land in the area to residential land uses
with a density betWeen 4 and 7 units per acre is anticipated since the land is within the 1-75 & CR-
95 I Activity Center Density Band notwithstanding the results of the density reduction study being
prepared by staff. Since the Heron Lake PUD is approved at a lower density (5 units per acre) than
the Golden Gate Health Park POO (6.8 units per acre), staff is of the opinion that a density 5.5 units
per acre on the subject site is an appropriate transition between the two projects. With respect to the
matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not
necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we
have an expectation that the subject site and adjacent land will be used for urban residential purposes,
and in fact the subject property is near approved but vacant residential lands to the east. To improve
compatibility the proposed master plan limits the location of future dwelling units to the internal
portions of the site and is surrounded by preserve areas on the southwest, south and southeast sides of
the project. The proposed preserve area will encompass 10.5 acres and is located around the perimeter
of the PUD to buffer the project from 1-75. In addition, a benn and wall or combination thereof, has
been provided for in the POO document along the border with 1-75.
There is also a lake in nortbern property area along the canal wbicb will act as an additional
buffer area. Furthennor~ tbe petitioner indicates tbat for all practical purposes tbe canal and
right-of-way will ensare tbat structures along tbe nortbern PUD boundary are setback over 160
feet from tbe RSF-3 zoned lands to tbe nortb. The POO's stated intent is to construct residential
units with a maximum height of 35 feet for single family and 38 feet (3 stories) for condominiums.
Development standards relative to each housing structure type are generally consistent with the
standards for conventional residential zoning districts. Since the project is designed around a large
preserve area along the south, southwest and southeast property line, the project will be buffered from
1-75. The proposed use and dwelling types are compatible witJl dwelling types approved in the
Golden Gate Health Park PUD to the east and the Heron Lake PUD to the west. Furthermore, the
application of PUD development standards and architectural theme requirements should remove any
perception that there are any incompatibility in dwelling types with adjacent land areas.
Staff is also of the opinion that a multi-family condominium project is generally more compatible
with an adjacent interstate highway due to the high level of noise generated by the highway. To
reduce the highway noise, the POO document provides for a benn, wall fence, or combination thereof
adjacent to the 1-75 right-of-way. Regarding the matter of timing, it should be appreciated that urban
commercial development has been approved within the CR-95l and 1-75 Activity Cetlter. After
considering the availability of community infrastructure and services it is clear that the development
of the subject property is timely and consistent with the FLUE to the GMP.
Traffic - The Traffic Impact Statement (TIS) classifies CR-951 as an arterial road serving the local
north/south traffic. The TIS indicates that the 294 unit project will generate approximately 1,630 trips
on a weekday. The site generated trips for the staff recommended density of 6 units per acre (252
units) is approximately 1,414 weekday trips. This results in a net reduction of216 trips per weekday.
The trip assignment in the TIS indicates that 60 percent or 978 trips of the proposed site generated
traffic will turn south onto CR-95 I while 40 percent or 652 trips will turn north. Based on this data,
the number of vehicular trips generated by this project will not exceed the significance test (5 percent
of the LOS"C' design volume) on CR-95l at 6 or 7 units per acre. In addition, tbl eg~t.1MJr'
continue to operate at an acceptable level or service at the build-out or this proJec 0 -p:[E11)
5 JUN 0 9 1998
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It should be noted that the extension of Access Road No.2 will primarily serve residential properties
along that road. Therefore, it is starrs opinion that the intensifying traffic conditions may at times
give rise to inconveniencing neighborhood residents on this road segment even though the road will
operate at acceptable levels. The Transportation Department indicates that Access Road No.2 will .
serve as a collector road to the lands to the west. Therefore, this road must be brought up to County
standards. The PUD Master PJan provides a SO foot right-of-way easement as an extension of Access
road No.2 to serve the vacant lands to the west.
Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to
the property and will be extended as a consequence of future platting. All development must comply
with surface water management requirements invoked at the time of subdividing or site development
plan approval.
Community Infrastructure and Services - The subject property is readily accessible to a whole
range of community infrastructure which is enhanced by its interface with CR-951. Shopping
centers, and medical offices of various specialties are all within a short driving distance to the north
and south along CR-95 1.
PUD Document and Master Plan:
PUD Document - The Magnolia Pond POO document is modele4 after a County Planning Services
Model PUD Document in terms of fonnat, general provisions cov~ng references to GMP and LOC. .
The PUD document provides the required fonnat for addressing land uses and development standards
and development commitments. The PUD contains all of the recommendations of reviewing staff
and the EAB. The development standards regulating the placement of residential stnlctures both for
individual lots and multi-family development arc similar to the standards commonly employed in
other PUD's, which by actual development practice has produced aesthetically pleasing communities.
The PUD also limits the building height not exceed a height of 38 feet or two (3) stories for the multi-
family units.
Master Plan - The Master Plan is designed around an extension of Access Road No.2 which provides
a connection to CR-9S 1. All committed road improvements shall be in place prior to the issuance of
any Certificates of Occupancy for the project.
Summary:
Based on the above analysis and review fmdings, the following conclusions can be reached
concerning the viability of the proposed petition.
1. The proposed rezoning of the subject property from "A" Agriculture to PUD to allow for single
and multifamily residential development is consistent with the FLUE oftbe GMP.
2. The Board Of County Commissioners has reviewed similar rezone requests wi 'n "5~
Bands" and has an opportunity to approve a rang: of up to a three (3) additional d ell~~tfli~ 1998
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per acre when deemed appropriate. The proposed density of 6.99 units per acre is consistent with
the GMP's density rating system for projects located in the Urban Mixed Use sub-district and in
the Density Band as designated in the FLUE. However, the proposed density is more intensive
than the SUITOunding properties to the west and the density adjustments which the Board of
County Commissioners has recently detennined appropriate and directed for further study and
analysis by staff.
3. The PUD requires that the project be developed utilizing the architectural theme requirements for
a unified design. The proposed development also limits the building heights to a maximum height
of2 stories for single family and 3 stories for multi-family strUctures.
4. CR-951 is projected to operate at an acceptable level of service at the build-out of the project in
2002. CR-951 is currently a 4 lane arterial in the project area.
5. Currently, the SUITOunding property to the west is vacant and is anticipated to be developed with
similar dwelling types. To the east (within the density band) is a vacant Agriculturally zoned
property and the Golden Gate Health Park PUD. The Board of County Commissioners has the
opportunity to detennine the density of this area based on what's appropriate for this site and the
adjacent area.
6. 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, notwithstanding the
final outcome of the density reduction study by staff.
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STAFF RECOMMENDA nON:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-97-19
subject to limiting the density to the number of dwelling to 5.5 units per acre and the approval
conditions that have been incorporated in the PUD document and as otherwise described by the
Ordinance of Adoption and Exhibits thereto.
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PREPARED BY:
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RAY J}ELLOWS, PRINCIPAL PLANNER.
PLANNING SECTION
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ONALD F. , AICP, MANAGER
CURRENT PLANNING SECTION
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P~~ DEPARTMENT
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VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
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Petition Number PUD-97-19
Staff Report for May 21, 1998 ccpe meeting.
COMMISSION:
MIC . , CHAIRMAN
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PUD-97-19 STAFF REPORTIRVB/rb
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FINDINGS FOR PUD
PUD-97-19
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed In
relation to physical characteristics of the lan~ surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
lm.:. (i) Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
area.
(ii) The extent that location choice is enhanced for residential environments
within the urban area reduces the push on urban sprawl. The subject site is
also located within a density band as depicted in the FLUE.
(Hi) The subject property is served by a network ~f County roads, all of which are
well within the urbanized area providing eaSy access to a host of community
services and facilities.
(iv) Comprehensive multi-disciplined analysis supports the suitability of the land
for the uses proposed.
~ (i) As with all actions that intensify urban development patterns there is some
loss to travel time for users of the same arterial road system.
SommaI)' Findinr: Jurisdictional reviews by County staff support the lIianner 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. Recommended mitigation measures
will assure compliance with Level of Service relationships as prescribed by the Growth
Management Plan.
2.
Adequacy of evidence of aalfled control Ind lultabUlty of any proposed agreements,
contract, or other Instruments, or for amendments In those proposed, partlC1llarly
as they may relate to arrangements or provisions to be made for e c -
operation aDd mamteaaace of luch areas aDd facilities that are Dot to e prov
maintained at public expeale.
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Pro/Con: Evaluation not applicable.
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Sommary Flndin2: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions for continuing
operation and maintenance of common areas.
Conformity of the proposed Planned Unit Development with the goals, objectives
aDd policies of the Growth Management PlaD.
lmi (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the Growth Management Plan.
emu (i) None.
Summary Flndln2: The subject petition has been found consistent with the goals,
objectives and policies of the Growth Management Plan. A more detailed description of
this confonnity is addressed in the Staff Report.
Additional Finding: The subject property is designated Urban Mixed-Use - Urban
Residential on the FLUE to the GMP It is also located within a density band. As such it
authorizes zoning actions aimed at allowing the land to be used for urban residential
purposes at the density proposed. This petition has bp:n reviewed by the appropriate
staff for compliance with the applicable elements of tlle Growth Management Plan, as
note below:
.
Futl~ Land Use Element - Consistency with FLUE requirements is further described as
follows:
Residential Density - Approval would authorize 200 dwelling units whose density would
be 6.97 dwelling units per acre. This is consistent with the density rating system to the
FLUE which allows up to 7 units per acre in this density band.
r ..and Use - The urban residential subdistrict allows all residential structure types and
other uses normally found in a residential environment such as recreational accessory
uses.
Traffic Circulation Element - Analysis of the subject petition concluded with a finding
that with development phasing this petition is consistent with the policies of the TCE.
Recreation and Open Space Element - Sixty (60%) percent or more of the land area is to
be developed as open space consisting of a wetland areas, lakes and landscape buffers.
This area is exclusive of the amount of open space that remains as each development
parcel or tract is developed. Said amount of open space is equal to the pen
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requirement of 60% for residential PUD's exclusive of that open space related to actual
residential development.
Other Applicable Element (5) - By virtue of development commitments and master plan
development strategy, staff is of the opinion that the Magnolia Pond PUD is entirely
consistent with provisions of the Collier County GMP. StatT review indicates that this
petition has been designed to account for the necessary relationships dictated by the
GMP. Where appropriate, stipulations have been generated to ensure consistency with
the GMP during the pennitting process. Therefore, this petition has been deemed to be
consistent with the Growth Management Plan.
4. 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.
Summary Finding; The PUD Master Plan has been designed to optimize intema11and
use relationship through the use of various fonns of open space separation. External
relationships are automatically regulated by the Land Development Code to assure
harmonious relationships between projects. -1
5.
The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Findinl[: The amount of open space set aside by this project is greater than
the provisions of the Land Development Code.
6. The timing or sequence of development for the pnrpose of assuring the adequacy of
avaDable improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Snmmary FindinK: Timing or sequence of development in light of concurrency
requirements is not a significant problem. (See StatT report)
7.
The abUity of tbe subject property and of surrounding areas to
expansion.
Pro/Con: Evaluation not applicable.
JUN 0 9 1998
3
PlI. 17
Summary Findio2: Ability, as applied in this contex4 implies supporting infrastructure
such as wastewater disposal system, potable water supplies, cbaracteristics 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.
.
8. Conformity with PUD replations, or as to desirable modifications of such
regulations in the particular case, based on determination that luch modifications
are justified as meeting public purposes to a degree at lea,t equivalent to literal
application of such regulationl.
Pro/Con: Evaluation not applicable.
Summary Fiodln(: This finding essentially requires an evaluation of tbe extent to
whicb 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 particular
housing structures and associated area requirements.
FINDINGS FOR PUD-97-19/RVB/rb
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REZONE FINDINGS
PETITION PUD-97-19
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:
I. Whether the proposed chaDge will be cODsisteDt with the goals, objectives, and
poUcies and Future Land Use map aDd the elements of the Growth ManagemeDt
Plan.
~ Development Orders deemed consistent with all applicable elements of the FLUE
of the GMP should be considered a positive relationship.
.csm.:. None
Summary FIDdiD~s: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan.
;
2.
The existing land use pattern;
lrm To the east is the Golden Gate Health Park PUD. The western 40 acres of this
PUD is approved for residential uses at a density of 6.8 units per acre. The eastern
34 acres are within the Activity Center and are approved for commercial land uses.
!:Jm;. The adjacent property to the west is vacant and is zoned Agriculture (low density).
Summary Flndin&s: It should be noted that future rezoning of agriculturally zoned land
in the area to residential land uses with a density between 4 and 7 units per acre is
anticipated since the land is within the 1-75 & CR-95 1 Activity Center Density Band. For
example, the vacant agriculture land to the northeast is eligible to receive 3 additional
units per acre to the base density for a maximum of7 units per acre. It is also adjacent to
the Golden Gate Health Park PUD which permits residential development at 6.8 units per
acre. Because of the exJstlnglow density along the west side of the subject site and
the trend to develop at lower densities, It Is staff's opinion that the proposed density
of 6.99 units per acre or 294 dwelllDg uDlts Is Dot compatible with the development
trends along CR-951. As Doted above, the majority of the resldendal densldes are 5
units per acre or less to the north and west "hOe the lands to the eat are approved
at 6.8 units per acre. Thereror~ ltatl'ls only supportfve of the prQPoled residential
dwelJlDI Dnlu.
1
JUN 0 9 1998
_Pg. .-!!i.-
3.
The possible creation of an Isolated district unrelated to adjacent and nearby
districts;
.;,
~ The proposed rezone is similar to the approved residential zoned PUD property to
the east.
Cml& Evaluation not applicable.
Summary Flndlnp: The parcel will not result in an isolated district unrelated to
adjacent and nearby districts because is located adjacent to existing and approved
residential uses. It is also consistent with expected land uses by virtue of its location
within the "Urban Residential" area on the Future Land Use Element.
:>'.. .
4.
Whether existing district boundaries are Illogically drawn in relation to existing
conditions on tbe property proposed for cbange.
lm: The district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
Cnm None.
Summary Ffndin2s: Adjacent land to the east is ~ned PUD and contains similar .
dwelling types at a density of 6.8 units per acre. This PUD will also share access along
Access Road #2.
s. Whetber cbanged or cbanging conditions make tbe passage of the proposed
amendment necessary.
~ The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the
Growth Management Plan) is a positive one.
CmI.: None.
Summary FlndloKs: Consistent with the Growth Management Plan.
6. Whether the proposed change win advenely Influence living conditions In the
neighborhood;
lmi (i)
Adjacent properties to the east are zoned PUD and contain similar
residential dwelling types. In addition, the agriculture properties to the
east within the density band and are eligible to receive a den .
up to 3 units per acre. The property to the west is currently
agriculture. By virtue of this fact it is reasonable that on
D"
assume the ~
JUN 0 9 1998
i ,-.
2
~
,
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-
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'."4.
_,__J__ _ ~~_." ___, __ _.___d~
.
.
.
potential for rezoning actions leading to additional residential units similar
to the proposed PUD zoning district.
(ii)
Recommended mitigation actions made a condition of approval will go a
long way towards off-setting any potential adverse influences on the
residential communities in the area.
~ (i)
The additional dwelling units could cause increased noise and traffic
impacts in the area. However, due to the small 'size of the site, location
next to 1-75 and the proposed landscape area, the proposed PUD should
not adversely impact the adjacent properties.
Summary Flndlng5: The proposed change will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments. Recommended mitigation
actions should serve to ameliorate impact on an adjacent future residential area.
7.
Whether the proposed change will create or excessively Increase trame congestion
or create types of traffic deemed Incompatible with surrounding land uses, becanse
of peak volumes or projected types of vehicular trjlffic, including acdvlty during
construction phases of the development, or otherwise affect public safety.
fmL (i)
An action to rezone the property as requested is consistent with all
applicable traffic circulation elements.
(ii)
The property fronts directly on a public road thereby providing a
immediate access to the arterial road network over which traffic from this
residential development would be defused.
Qm.& (i)
Urban intensification results in greater volumes of traffic on the local,
arterial and collector road system serving the PUD. Other projects
dependent upon the same street system may perceive this result as one
which will reduce their perceived comfort levels.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy S.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (Le. turn lanes, traffic signals, dedications, etc.). In the final
analysis all rezone actions are subject to the Concurrency Management System.
o\Gi3rr~I'
NO,~}
JUN 0 9 1598
3
P.~-
8.
Whetber tbe proposed change will create a drainage problem;
.
frD.;, (i) The Land Development Code (LDC) specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to
increase flooding potential on adjacent property over and above what
would occur without development.
Can:. (i) Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the risk of flooding in
areas when the drainage outfall condition is inadequate.
Summary FindiD2s: 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.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
fm:. The proposed residential development confgrms to the similar residential
development standards of the LDC which are designed' to protect the circulation of light
and air to adjacent areas.
.
~ None.
Summary Findin2s: 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.) 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;
lm;, Typically urban intensification increases the value of contiguous underutilized
land, a condition which exists on the northwest and west sides.
~ 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 a host of factors including zoning, howe ..
itself mayor may not affect values, since value determination by Jaw is dri en byo,
4
JUN 0 9 1998
pg.~~
, " ..,., .
. . , I ~ ,,' i . r J ' " ' . I .
.
.
.
value. The mere fact that a property is given a new zoning designation mayor may not
affect value.
11.
\Vhether 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 Findin2s: The basic premise underlying all of the development standards in
the zoning division of the LDe is that their sound application when combined with the
administrative site development plan approval process, gives reasonable assurance that a
change in zoning will not result in a deterrence to improvement of adjacent property.
12. Whether the proposed cbange will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findin&s: The proposed PUD complies with the Growth Management Plan, a
public policy statement supporting Zoning actions when they are consistent with said
plan. In light of this fact the proposed change does }lot constitute a grant of special
privilege. Consistency with the FLUE is further detennined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13.
Whether there are substantial reasons why the property cannot be used In
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findin&s: The subject property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the opportunity to
maximize the development potential of the site as made possible by its consistency
relationship with the FLUE as contained in the Growth Management Plan.
14. Whether the cbange suggested is out of scale with the needs of the neighborhood or
the County;
f.mLThe proposed development complies with the GMP.
.Qm.:. Evaluation not applicable.
AGi.'I~~1 ,
~O,~)
, density and
JUN 0 9 1998
Summary Findioes: A policy statement which has evaluated the sea
intensity ofland uses deemed to be acceptable for this site.
S
I
-'
Pg, 62:3
"
'-<I
,;.;i.,
~
.'~~;
~~
15. Whetber is it impossible to find other adequate sites in the County for the proposed
ase in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findinls: There are many sites which are zoned to accommodate the
proposed residential development. This is not the detennining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are consistency with
all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the
timing of the action and all of the above criteria.
16. The physical cbaracteristlcs of the property and the degree of site alteratloD which
would be required to make the property usable for any of the rauge of potential DSes
aeer the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findinls: Physical alteration is a product of developing vacant land which
cannot be avoided.
,;
.-'
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and u defined and Implemented through the Collier County
Adequate Public FacUlties Ordinance, as amended.
ProICOD ~ Evaluation not applicable.
Summary Flndinp: Staff reviews for adequacy of public services and levels of service
determined that required infrastruci.UIe meets with GMP established relationships.
REZONE FINDINGS R-97-19IRVBlrb
,A
JUN 0 9 1998
6
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COLLIER COUNTY
APPLICA nON FOR PUD REZONE
PE III ION NO. ' ,. :.
/ I . , I
COORDINATING PLANNER: /(. f,,'.' :' ..... >
.
. . ~. ,.. .. ..~
DATE RECEIVED
Applicant Name (Agent): Willi&m L. Hoover. AlCP. of Hoover Plannin~ Shoooe
Address: 50S 1 Castello Drive #220. Naoles. FL 34103 Phone: 403-8899 Fax: 403-9009
"
Property Owner (Petitioner) Name and Address: Garrett F. X. Sevrent
2375 Tamiami Trail North. Suite 304. Naoles. Florida 34103 Phone: 434-4330
Detailed Legal Description of Subject Property:
Section 34 TOMlship 498 Range 26E
See attached Exhibit "A"
Property Identification #: 00297840002. 00297720009. 00297880004. 002980??oo3.
00297240000_00296721009.00296760002.00297280002. and 002968??oo1
~'o .Size of Property: 220O:t: Feet Wide x 1.600f: Feet Dee? (odd-shaoed)~ 42.0St Acres
, General Location of Subject Property: On the north side of Interstate 75. 1/2 mile west of
'7 C.R 951.
Adjacent Zoning and Land Use:
ZONING
N - Canal ROW &. RSF-3/
Amcultural
S - Interstate 75 ROW &
PUDlPublic Zoninsz
LAND USE
Golden Gate Canal & Single-Family Homes!
Y!gmt woods within Res. Densitv Band.
Interstate Highwav &. Sherwood PUD for
residential units! vacant land owned by
oetitioner and then Collier County Park.
Vacant land within Res. Densitv Bandl
Golden Gate Health Park PUD M/F Uses.
Vacant oarcels within Residential Densitv
Band
E - A2ricu1turaIJPUD
W - ARricuhural
Existing Zoaing: A~cultural
Proposed Land Use or Range of Uses: PUD with Permitted Uses of 1 to 3-storv coach
. homes attached villas! tio homes townhouseslcondominiwns & sin Ie-ramil homes ~'J:Jf!lJL
JUN 0 9 1998
Pg. ~S-
" :
f
~'.',
,. .
.
J.rUAL DESCRIPTIONI
PARCEL 81 THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
i' LAST
?, , t:f1 J
~ ' AND:
r' _ PARCEL 9: EAST 1/2 OF THE NORTHWEST 1/4 DF THE SOUTHEAST 1/4 DF
~, THE NORTHWEST 1/4 OF SAID SECTION 34, AS RECORDED IN aR. BDOK 109
~:,PAGE 60uJ
~: ANDI
f PARCEL 201 THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
f, OF THE NORTHWEST 1/4 OF SAID SECTIDN 34, AS RECORDED IN aRt BOOK
~ 1457, PAGE 2030;
t:. ANrn:
f: .u
b PARCEL 211 THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
l...,.. OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4
r DF THE NORTHWEST 1/4 OF SAID SECTION 34, LESS A PORTION THEREDF,
f' AS RECORDED IN aRt BDOK JE1E, PAGE 1471i j
I. AND: .
PARCELS 33 & 381 THE WEST l/B DF THE EAST l/B OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34, AS RECORDED IN
a.R. BOOK 1443, PAGE 1518;
AND:
PARCEL 391 THE EAST l/B OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
DF THE NORTHWEST 1/4 OF SAID SECTION 34, LESS A PORTION THEREOF,
AS RECORDED IN aRt BOOK 1551, PAGE 961;
AND:
PARCEL 41: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 34, LESS A PORTION THEREOF,
AS RECORDED IN aR. BOOK 1556, PAGE 901;
, AND:
PARCEL 1141 A D,D, T. SURPLUS PORTION AS RECORDED IN aRt BOOK 1315,
PAGES 1192 THROUGH 1194.
EXHIBIT -A-
.
SAID LANDS LIE IN COLLIER COUNTY, FLORIDA, CONTAIN 42.05 A ~~l1i:
MORE OR LESS, AND ARE SUBJECT TO EASEMENTS AND RESTRICT. WS-~
. RECORD, INCLUDING THOSE PROVIDED AND SHOWN ON THIS 'HAP rr ~Y~\(f~98
Pg, c51lo
.
.
.
~ ~
NOTARIZED AUTHORIZATION LETTERlLETTER OF UNIFIED CONTROL
.
Magnolia Pond PUD, Located in Section 34, Township 49S, Range 26E,
Unincorporated Collier County, Florida
To Whom It May Concern:
RE:
Please be advised that Collier Environmental Consultants, 3880 Estey Avenue, Naples,
Florida 34104; Hoover Planning Shoppe, 5051 Castello Drive, Suite 220, Naples, Florida
34103; and Beau Keene, P.E., 240 Aviation Drive, Naples, Florida 34104 have been
engaged by the property owner{s) shown below to act as authorized agents and to
request necessary applications during the EIS Proparation and ReviewlPUD Rezoning
petition process for the subject project. The property OYmers also acknowtedge that
they have unified control over aU of the parcels included within the Magnolia Pond PUD.
Sincerely,
#-
J
,.....- I
STATE OF '- I l) r IbA'
COUNTY OF (~fJ \ ( \ e r I
The foregoing instrument was acknowtedged before me this ~ day of
~e .of: , . 199::1 by ~ A-e e G-\T ~ ''-I... ~ej;:;.,-;r-whO are
personally known to me or have produced 1-. {'J (' u oS i&- 4."" I
as identification and who did (did not) take an oath.
4~iC '#~ . .
I:i.' fp k" IJle/J
rinted Name
My Commission Expires: / C)-j .:2~1 CJ9
SEAL
N~G)f(JXO
G) ANITA'" KNICA :~
M'f~'~IIOH'CCI3llW1 :
D.PI8: 0....., 21, 1.
.... 7IlII..,,. Da_...
JUN 0 9 1998
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FC(~1 OC[TRl ID[882972888821{672838489041[
(
~~ :FOlIO [98297288882J OWNER> BEYRENT, GARRETT F X=& TERYL
~: STRAP 492634 821.8884834 2375 TAHIAHI TRL N STE 384
t ORB/PI 1212 JI[ 1478 J
~. SALE DATE [ 81[8886J
"~to
t" ~C:~~ I [ 5:~~~ ~
~. TRS->[491126J[341
f~." lEGAL-1 34 49 26 COHH Y1/4 CUR SEC
-2 E2636.93FT, N346.19FT TO POB,
-3 corn N9B9.32FT,Y 329.52FT,
-4 S665.B5FT, W 329.57FT,
CURREtn -EX-AMT
$ [ 8J HILL-CODE
$ { 8 J [ 31 J
$ [ 8 J
$ [ B] HILL-RATE
$ [ 8] ~H15.488B]
$ [ 9J -1996-
99419J *APPROXIHATE
9J
NAPLES
~;
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-1997 TAX ROLL-
********
34183 4439 AREA CW
CERT-96-UAL PRELIH-97-
[ 68J Uijl $[ 99969] [ 99968~'",
L -USE IHP $[ 81 [ :
HKT $[ 99968] [ 99968
ASOtAGX $[ 99969] [ 99968)
TAXABLE $[ 625 J [ 541 I
FL
CNTY $[
S-SL $[
S-LB $[
CITY $[
2.361 HSTU $[
3.B81 WHO $[
1.62] ISO $[
.88] UAOP $[
(1996 TAXES) TOTAL $[
-CERTIFIED-
,761
.38]
.751
.84 I
9.631
1881 RES477
"G' r,
No,
~-,,-
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'. Uk tI&trWg Jd M..I. .". JlsT J.,., Jv.1y
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o
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~ ......
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.......,...(.f1' An." ,,,* ...,,'~ I
,.......... .... ....... .... .... .......... ... . .......... -... .. .... ".,..... ... .... ........... ....
... ....... ..... ..,............ ... ....... ... ............. .... ... _...-... ... ....... .. ,.,........ L.
1tiilntSseth: TI... ,I... "......., 1... ....l In "",HI...II_ -I ,I.,. ...... .( s 10.00 ..wI .,1...
....1.1. NNI"....II..... ,HPI/ff "".......( II I.~I., ...Ir_~, I........., "......, I...."....., ,..II.. .I,rot'. ,,.,
...... ..r..._, ceft...,. ."" ,-e"('''''' u"1o .,.., 0'."....., .II,J... emaln I."" .11-'" ... Collier
C_I,. Florid., m:
SE!:: EXHIBIT "Aft ATl'ACHED HEPZ1'O AND Jo'!AIE A PARr F.::PmF
~ivcd S .2 '?.fl." (') noeumentl"l SIIfn1) Till
Received $ ,I Clus -C- .ntlnribll
7?" A PersoN' Property Tu
COlLIER COUNTY CLERIC OF' COURTS
BY ~~I~~ ~. ..Phd'~ O,c.
'IME OOt'UtI'! IESCPJ:BED HEPDN !S VACPJtr WID A.'m T'til:."'.t..l"oP.E 1m CQ:Sw;JU:D
ID~ PR:lt'Utn.
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..... ...............
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W,,,- ......... Io~, _'" wI.Io tell. ....... ,,,.. ,I.. ........ .. l.,.fuU, ..fu<l .( ..II. ......
,.. I.. ..",pl.: ,IwoI ,,,- .....a... '- ,..d rtt'" ....I .(..1 ....'-'., .. ..n ....l can.., ..1tl1....I, ,10., ,,,-
.....or Mr.!., I_U, _If Ilo. ,.J. ." ..." I.-J. ....1 ,.,111 ".{~ ,,,- - ...."', .10- lawful clrot_ 01
.n .....- -'-"--: ell" ,I.., ...., 1....1 " I... .( ..u ___""-"'. ...crpe tans ~ ........,-,
Ie 0-- 31. 10 85.
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"_: . STAn Of FI.Cf\IDA t
'; ~'" coUI'CTY Of <XJtLm\ l
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":'f- ____ .. ... .... .._w .... la ... c-or ......... .. taU
~.~... ~ 4<:~"~~-'" ....-1Iy .".......
'-:-.,., o:;.ifr.t;'iL' ~"" GERAtDINE B. CARL
.~ / ...' ~~., li', '
. ',/' 1',J: ,,-'" -r'
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:'f' -...: IfU/nlmmI ~rrJ -:; MAftK J. t ~ l ::s-
P.O. !OX 1 .
A"ff'1I MarcO lslanr:S t nO'L"1d& 33937"
~~~Ji,_~J---_.
GERALOM B. CARL ~
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FClmzl OCITRl I01882978898841167283848984J[
FOLIO 188297888894J OYNER> BEYRENT, GARRETT F X
STRAP 492634 839.8884B34 2375 TAHIAHI TRl N STE 384
ORB/PI 1551J/[ 961J
SALE DATE [151(8898)
$ AHT [ 57888J
ACRES [ 3.93J
TRS->[491[261[34J
lEGAl-1 34 49 26 COMH NY CNR SEC 34,
-2 S1957.57FT,E9B8.72FT,
-3 N181.41FT TO POB, SELY AlG
-4 ARC OF CRU CONC TO SY
CURRENT-EX-AHT
$ 1 81 HILL-CODE
$ [ B J [ 31 J
$ [ 81
$ [ 8 J HILL-RATE
$ [ 81 *[15.4576J
$ [ 8J -1996-
46985J *APPROXIHATE
8J
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********
-1997 TAX ROll-
********
34193 4439 AREA CY
CERT-96-UAl PRElIH-97-
( 681 LND $[ 47168] [ 47168]
l-USE IHP $[ 8] [ A:
HKT $ [ 47168] [ 4 716~,r
ASD+AGX $[ 47168J [ 47168J
TAXABLE $[ 295] [ 255]
FL
CNTY $[
S-SL $[
S-LB $[
CITY $[
1.11J MSTU $[
1.88J \.IHB $[
.77J ISO $1
.88] UAOP $[
.36]
.14 J
.36]
.821 '
4.56]
(1996 TAXES) TOTAL $[
-CERTIFIEO-
188] RES477
JUN 0 9 1998
':,.
Pg. .. -10
001551
OR BOOK
000961
PAGE
8'~81721
al\ncomm
.. IS .. JaOS
RBONJED
1ltarranty llftd
:;c ~ mrs (NIJE1>7VAE.""1hI.I 9fi ., crf A..,n . 199...R.- "~,.,,
M~ ·
~ZGSO STANLEY A. aON1G MJ CYNTHIA It CltON1G.luukll4 tI1td wf/~. GRANTOR., .';;d
, :~;:>== c:f) GAMETT l'oX. 8EYUNT.. rnMPIU mGI'l . .. GMNTEE..
. sf",. '1 r S' ~ poll t1/JiDt ~ it: 2115 NfI'fh TIII'I9Lt1ntI TraI.(. SIIIl, J04. NqIa. FIorltIA JJ94()
crf rite GluNy crf Ct1IIltr . S/IIIf crf n~
WTTNESSET7I. t1uIt 1M Gf'tInUJr./O' wuI lit c~ crf tII, ""'" 11/ TEN DOllA.1tS (110.00). wuI tlfhp food
wttI ....." ~ III uJiI (itfIN(Ir ... ItM4 ,.u ." UIi4 G,.",.. 1M rruipt --11/ u II,,.,,,,.
~DwCcQaI. he J1VIIUlI. b<<tpIincd 11II4 ,014 III tilt ,tdd GfGtIIott. 111I4 G1fI!fIItt', IwtrJ fJfIlI "IIr' !gtTIIf'. ,'',
foUCJWinr ~ loII4. J1AIIIII. lyIn,wttI btbIr It! tilt CouIty 11/ CAIlIv. S,." crf FlO'idA III ",;L'
1'"0\\ E.w 1{1 of the Nort.beast 1/1. of the SoatJrwaa 1/4 of &be NortJrwcAl1/4 01 Scctioa lA'1!::
TOWIIfoIUt> 49 SoutJa. R.aDp 26 f!aJt. loget!ler willi aD LIM: oil.. pi aDd lllicenl ripu - ~ /
by dlc OI'lllllOt IlIIOIIIICia& 10 IlOC leu dwa 25 ~ le .. and u u p t t he I' arc e1 It: t f
lD chat cere.le Se1p~1.eed Floal Jude-ent recorded 1n O.a.Book 994-- c;
$Dbjccllo ." rooc IlI1IQIII1 ~-cl-way ___ ~ 2.S feet OD ather - of all sc:aioo I' t
uca, illdac1iq qaaut nd quartet qur1et aeaioa Ii-. wbiQ c.uemea( is fot the ~ aod V
belIc61 01 &be adjac=l properlY owen.
$1Ibjcc1 to ad ftIocem l.UU for the yur 1990 aDd slIb-Ml\lCDl )'CUI, and r\\SlriaiolU,
n:scnadoas, &DCI eaeaaellU of record. IIDCI tppliClbl\\ maiDe onliDaDcca if lIlY,
..pICe. 1760-1763 of the Public Record. of Collier Couney. Florida.
Anll ,/lid Granu1r tIDu IID't11y ftdly ~ rJv ri:It U1 'lIiIJ Ilznd. IVld..,jJ( d4U1d /h, stv:t, IIgtUNt /hI I::..ful cltri,"s
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IN wrrNESS WHE.REOF. GrrwD' haI hUftlllfD ul Gl'III9lD"s "-4 tI1td stili /h~ d6y tlltd ~ar fint ~ ","1101.
Sil"'~ su;ltd tIIId ddiorvr.d
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~r.. .. 1 HERF.BY CERTTFY &hat 011 IIIil JIsy. beft1t'l mt. .... of1S<<r ""11 qulIlifi4J to Wee ~~
. ~ . I per1tJN111y IlppUI'td STANLEY A. CltONlG II1UI CYNTHIA It CltONlG . /0 ~ m-n U1 k the
~'I~' , pmon(l) ducrlbt:d lit tINI wM CUQltftI 1M lorIfOl", inJfrumDII II1UI ~ kf~ mt fMt "''' euatUd
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Rpl PQ F~ UT UL B I
FC(m21 OC(TRl ID(882988988831[61283848884J[
FOLIO 18829B8888831 OYNER> BEYRENT GARRETT F X
STRAP 492634 841.88B4834 2375 TAHIAHI TRL N STE 384
ORB/PI 1556]/[ 9811
SALE DATE [ 51189981
$ AMT [ 69688]
ACRES [ 4.641
TRS-)(491126J[341
lEGAL-1 34 49 26 COH NY CNR, S
-2 1957.57FT1 E1318.29FT1
-3 N94.BFT TO POB1 SELY ALG ARC
-4 OF CRU CNCU TO SY 334.47FT1
CURREtn -EX-AHT
$ [ 8] HILL-CODE
$ [ 8] [ 31 ]
$ [ 81
$ 1 81 HILL-RATE
$ [ 81 *115.43181
$ [ 81 -1996-
55318] *APPROXIHATE
8]
NAPLES
. ,i(
HHSTD-X
188~-X
CIU-X
UET-X
BLD-X
tUD-X
AG-X
YH-X
$ 1
$ [
LOCRTION (NA
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:;~
)
********
-1997 TAX ROLL-
********
FL 34183 4439 ARER CY
CERT-96-UAL PRELIH-97-,
[ 68] uro $( 55688] [ 5568 j
L-USE IHP $[ 8] [ ,
tiKT $ [ 55688] [ 556881
ASDtAGX $[ 55688] [ 55688 I
TAXABLE $( 34B1 [ 3821
CNTY $(
S-SL $[
S-LB $[
CITY $[
1.321 HSTU $(
2.121 UHB $1
.981 ISO $[
.88] UAOP $[
.421
.171
.421
.821
(1996 TAXES) TOTAL $[
-CERTIFIED-
5.371
1881 RES477
JUN 0 9 1998 ~,
Pll. ~~ _ f
Ul,.t~OO
COlLIER COU'U T
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V~ u~tD (STA~~RY 'O~-'ECTtOH 6".02 r.s.,
"
OltIS IHDtln'URE, KleS. thh ~ r - day of Auqust, 19?O, utT'WttH
ROBERT J. CREDlE and ISARDAAA B. CREDlE, hUllbanc2 a n\.l w 1 r. q rantol'.
and CARRrTT F.X. B!YREHT, . .arr1ad .In. qrantao whnoo poat of rico
adeSr... 1. 2375 K. T..1a.1 Trall, Suit. )04, /lo1ploa. rlol'ida
))940.
WITH!S~I:TH, That said 9ran~ur, ror ~"~ 1n consld.ra~Lon ot tho
sua ot Tan Dollars, and other qood .nc2 valuable con.lc2Qratio~g to
.ald qrantor in hand paid b: .aid grant.., the receipt wherv~r In
hareby acknovledqed, ha. qranted, barqainad and .old ~o ~ho oaid
qrant.e, and q~antae'. heir. and a..iqn. for.~.r, the Coll~~in~
de.crlb4d land, dtuat., lyinq and beinq in Colliar Coun~y,
Florida, ~o wit:
..
The Wa.t 1/2 ot thG Korthwe.t 1/4 ot tha South...t 1/4 ~f the
Northw.st 1/' of Section 34, Township 49 South, Ranq. 26 Ease,
lese and ey.cept the land. described in Official Record Book ln4~,
Paqe. 521-523 ot the Public Recorda ot Collier County, Florida.
The qrantora hareby warrant that the property d.scribed herein was
acquired by the. durlnq t~olr aarrlaqe and that they have remained
..rried wlLhout interruption throuqh t~e date or this c~nvela~c..
and .ald qrantor does hereby tully warrant the title to said lar~,
and will detend the .a.e aqainst the lawful claims of all persons
whoasoever.
*"Grantor" and "GranteQ" are used tor singular or plural,
as context require..
IN WITNESS WHEREOF, ROBERT J. GREEtlE ar,d BAABI\RA B_ GREENE,
Crantor has hereunto set grantor's hand and seal the day and year
tirst above written.
Signed, .ealed and delivered
in our presence:
..- c:::r-- (\.~
WI~__ \
C ---- / _ c:;;;;::::' .,.,-'
, r-;.... ~_~':...t:-:'7___
WITNESS '
~~ ~
:~&~~
'WITNF.sS '
....-
~TATE OF Mft'\..~
"fI"d'f."""'" ,... ".).J ...... t ..........
-..,............ ............... ....... --
- ~~./d;-f.~
ROBERT .:I. CiRE E
"~~~~~,..
,I/A
~) ~ e~- :--.-6-
"
I HEREBY CERTIFY that on thi. day betore me, an ofticer
duly qul"litied to ta.Jte .&cknovl.dq..Qnt., personally appeared
ROBERT J. GREENE and BARBARA B. CREDfE, to.. well known to be the
..pereons de ribed in and "'1'10 executed the toregoinCJ Instrument
. fnd ac 0 ed betore .. that they executed the aaae.
o , ~ .-y hand and otUcial .eal in the Coun~y and State
.' In.e .re-ea d this -l ,0 da~ot Au st, 19~
_ A.~..~
,-. ... ~ ~ MY BLIC
.,,: V" (SEAL~ State ot ;r..(
~y C0111lllission expires: " " 19~-
, ~IS INSTRUKEHT WAS PREPARED S'{: ,
.tHARLEs c. LEHKAH, ESQUIRE Grantor S. S.. ,~jc.)
sie.ky and Lehaan, P.A. Grantor 8.5.
700 Eleventh Street South Crant.. S.S. .
suite 203
N.pl.., Florida 33940-6777
Property App ~isQr Folio No.:
00298000003
.J.t.m.,Q.~ 1998
_................",
q.,.I' ','~...Io 'l'".,:l<\
'~''''''',''",u''~3
Pg, < ,_" ,
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E:YJUBIT "A"
The East 1/2 or the No:"thea!lt. 1/11 or the So.Jtheallt. 1/11 or the
Northwest. 1111 and the So.Jtheast. 1/11 or t."le So.JthC3st 1/11 or the t
Norttr.reat 1/~ of Section 3~, Township 119 Sout.h, Pa~ 26 East,
together with all the 011, sas and rd.neral r1(glts now owned
by t."'.e Grantors amount1ng to not. less than 25~.
LESS a portion or the S.E. 1/11 or the S.E. 1/11 or the N."". 1/11
or Se<:t1on 311, ~p 119 Scuth, ~e 26 rut, Collier Co..Inty,
Flor1da, be11lg m:lt'e partIcularly described as roll ows:
<:) 0
;0 "'::")
OJ ,.."
<:)
<:)
:x ,.."
~ at the Northeast comer or t~ N."". 1/11 o~ ~tia'l 31;,
Township 49 So.Jth, p.ange 26 East, nu'l thenCe, SQJth 0020'07" East,
al~ the East line or the NorthWest 1/ll or said Seet10n 34. a dista:"Ice
or 2,3211.86 reet rar the POINT a! amn:mNO: thenCe North 711009'17"
'fiest, a distance of 323.86 reet to a point. thence, North 7)000'33"
West, a distance or 364.53 reet. thence Scuth 0019'13" East, a
cUstance or 355.71 feet to a point or a curve ccrw:ave Scuthwesterly.
th~nce, !'ran a tangent bear1rlg or South 76001' 14" rut, run
Southeasterly alore said C'..Ll"Ve having a radius or 11 ,297 .16 feet,
thro.Igh an ~e of 3000'111" an arc: cUstanc:e or 593.78 reet to tl':e
end of said curve; thenCe, South 7JOOO'23" East, a d1sta..1Ce of 92.07
reet, t~e, North 0020'07" loiest, alCl'l!: the East Hne or the N.W.
1/11 of SectIon 31;, a c11sta:'lCe of 3116.19 feet to the PODt.l" OF' BG:i:!1~JING.
.."
l>. _
~, -..
- .
~ 5.231 acres, more ar less.
SJB,.]'D:'I' 'ro: Conditions, I"ell1:.rlctlons and 1i:':"~tat1ons as appea;' in
the Public ~ords of Collie:' County, Florida an:1 a SO foot ll1.lt.ual
rl~t-'Jf-ay easement exten:1~ 25 feet on either side or all sectioo
lan:1s 1hcl~ quarter an:! quarter quarter section lines, ...tdch
easement is 1'0:" the Ul\e and ber\e!'1t or the adjacent property ow:"Iers.
N~ ~Ji{t~i)\
JUN 0 9 1358 \
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FCI~l OC[NRl IO(88296168882)[612838488841[
FOLIO [88296168882] OWNER> BEYRENT, GARRETT F X=& TERYL
STRAP 492634 BBB.BBB4B34 2375 TAHIAHI TRL N STE 384
ORB/P[ 12931/[22351
SALE DATE ( 81[89B71
$ AHT [ 399B8]
ACRES I 5. BB I
TRS->1491[261(34)
EGAl-l 34 49 26 Wi/2 OF NE1/4 OF
-2 SE1/4 OF NY1/4
-3
-4
NAPLES
HHSTO-X
1B8X-X
CIU-X
UET-X
BLD-X
tUD-X
AG-X
WH-X
CURREtH -EX-AHT
$ [ BI HILL-CODE
$ [ B I [ 31 I
$ [ 9 I
$ [ 9] HILL-RATE
$ [ 81 *115.3867J
$ [ 8] -1996-
59675] *APPROXIHATE
8]
$ I
$ [
LOCATION [NA
:;'.
I
********
-1997 TAX ROll-
********
34183 4439 AREA CW
CERT-96-UAL PRELIH-97-
[ 68] L~O $[ 688881 [ 688881
L-USE IHP $[ 8] I 8J
HHT $ [ 68888 I [ 68888]
ASO+AGX $[ 68888] [ 68888]
TAXABLE $[ 3751 [ 325]
FL
CNTY $[
S-SL $[
S-LB $[
CITY $[
1.42] HSTU $[
2.281 WHB $1
.971 ISO $1
.88) UAOP $[
.45]
.181
.45]
.821
5.771
(1996 TAXES) TOTAL $[
-CERTIFIED-
1881 RES477
"'G. ,
No,
, ,
JUN 0 9 1998
Pg. A.5
,-
.1lIUJS\;~,'t
~ECOI\HO
TN IS I 14' S nnJXDn' w A.S P1U: 1': JU::) flY I
=:>
CHAJU,.t1 C. tzHHAH
Si..ky, Leh..n , t.p.y, P.A.
791 Tenth Str..t South
Suite II
Naple., Florida 339'0-'725
~EC~
pmA W~~Y DEED (STATUTORY FORM-SECTION 689.02 T.5.)
OOC .....- t-
INT_ THIS INOEN'l"lJRE, Hade thla 3rd day ot September, 1987, Btn:EEtf
INO_ _""\ JOSEPH .1. ~OFANI and. ELIZABETH SCROFANI, hia wi!l, ot the
00. Of,;' county ot San 0i.eQ:) , Stat. ot CalU'orn1a, qrantor- and.
3D.I(!:)' CAJUU:TT F. X. BEY RENT AND TERYL BEYRENT, huabar.d. and wUe, u an
e.tat. by the entireties, who.e po.t of tic. addre.s is 3.51 E.
T..ia.i Trail, Naple., F10rid^, 33962, ot the County ot collier,
State of Tlorida qrant...,
WITNESSETH, That said qrantor, for and. in consiaeration ot t~e
sua of Ten Dollar., and. other good. and. valuable con.iderations
to said. grantor in hand. paid. by .aid. qrant.e, the receipt
whereot is hereby acknowledged, ha. granted, barqained and. eold
to the said grantee, and. grante.'. heirs and a..iqn. foraver,
the following described. land, situate, lyin~ and. bling in
Collier County, Florida, to wit:
The We.t 1/2 ot the Northeast 1/4 ot the Southeast 1/4
ot the Northvest 1/4 in section 34, Tovnship 49 South,
Range 26 East, Collier county, Florida.
and said qrantor does hereby tully warrant the title to said.
land., and. vill d.eflnd. the aa.e against the lavful clai.s ot
all persora vho..oever.
-"Grantor" and "Grant.e" are used tor singular or
plural, ~s context requires.
IN WITNESS WHEREOF, JOSEPH J. SCROFANI and EL:::ZABEnt SCROrANI
Crantors have hereun~o se~ grantor's hand and. seal the day and
year tirst above written.
siqned., aealed. and delivered
~-i::~~.
e/ w s
V;rrMrtL~
It. L g{~ ~Il. If~~
~'WITl~ 55
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I\...ccived S I "J:":~;A-O "'.xl.:'!',,,r:.~'y :'::.~;- 7:::
Rc:ceIYCcl S Ai / Ll- CI.'rS!I "-. H~',,"':!'"
_ ~ft~..1't':~~~ I:'"
STATE OF CALIfORJ{I^ __ COLlIE~UNTY Cl(RK .OU~h ...
COUNTY OF San 01.e9O """'"
BY .c,.'t ~ .. "
I HEREBY CERTIFY that on th a day e ore .., an 0 ~~r-
duly qualitied to take acknowledqementa, per.onally appeared.
JOSEPH .1. SCROFAN:t and ELIZABETH SCROFANI, to .e vell known to
be th. peraona described. in a~d. Who executed the foreqoinq
in.trua.nt and. acknovleged betor. .. that they .X.~Jt.
.... .
WITNESS .y hand and otficial .eal in the County nd
State laat atore-.aid thi. 3:d day ot September, 19
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,~..
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~, FOLIO (882972488881 OUNER> BEYRENT, GARRETT F X
~~~ STRAP 492634 928.8884B34 TERYL H BEYRENT
ti~.. ORII/P[ 145711[ 2838) 3115 COUNTY RORO 951
[{,~~ SALE' DATE [251 [ 87891
~", $ AHT [ 65888 ]
lY ACRES [ 5.88 ]
r:- TRS->[49][ 26][34]
~ lEGAL-1 34 49 26 E1/2 OF SE1/4 OF
l"'t
''';'. -2 NE1/4 OF tN1/4
-3
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NAPLES
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BLO-X
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AG-X
WH-X
CURRENT-EX-AHT
$ ( 8] HILL-CODE
$ ( 8] [ 31 ]
$ [ 81
$ [ 81 HILL-RATE
$ ( 8] *[15.3867]
$ ( 8] -1996-
596751 *APPROXIHnTE
8]
]
********
-1997 TAX ROLL-
********
34116 8388 AREA CY
CERT-96-UAL PRElIH-97-
I 68 J l~ $[ 68888 J [ 688881
L-USE IMP $[ 81 [ 81
HKT $1 68888] ( 688881
ASO+AGX $[ 68888] [ 68888]
TAXABLE $[ 375] [ 3251
Fl
CNTY $(
S-SL $(
S-LB $(
CITY $[
1.42] HSTU $(
2.281 WHB $1
.97] 1 SO $ [
.88] UAOP $[
.45]
.18]
.45]
.821
5.771
$ (
$ [
(1996 TAXES) TOTAL $1
-CERTIFIED-
LOCATION INA CR 951
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3115] RES477
JUN 0 9 1998
Pg. ~1 _
~ ~:- ~D:;;:r.~,- -K~~~" ~~. /.,;1 day oS: .1u1y, un, BtTW!:Df
~ eJUtCE VlTALZ, a aarriac1 person, AUGUST ZOLTO, . .arrbd r-non
1NT-r-=. aDC! ItAJUZ ZOtJ'O, a .arrhd person, 9rantor- and CAJUU:'M' F.X.
INO~ ~EYREWT and TERYL H. BEYRENT, hUlband and vite as an estate by
tbe ent1reti.., Grant.e vbos. post oftice addresc 1. 3451 East
Tam1.-i Tra1l, Kap1es, Flor1d. 33962.
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WI~SETR, That ..i~ 9rantor, r~r &nd in cenai~er:~i~n et th~
aU. of Ten Dollar., an~ other 9004 and valuable consideration.
to .aid 91"llntor in hand paid by .aid 9rantee, the rectOpt
whereoS: is hereby acknovledqed, ha. qranted, bargained and sold
to the sa1d qr'U\tee, and qr.nt..'. heirs and a.siqns torever,
th~ fol1ovln9 descr1bed land, aituate, 1yinq and beinq in
Colliar county, !'lodda, to vit:
The East 1/2 of the southeast 1/4 ot the Northeast 1/4 of the
NorthWest 1/4 of section 34, TownShip 49 South, Ranqa 2' East.
Public ~cords at COllier county, Florida.
Tbls property i. vacant land and ~ot the homestead or contiqucus
~o the hC1lestead of any of the qrantor..
Subject to conditions, li.itation., restrictions and easeaents
o~ record.
and said qrantor does hereby tully varrant the title to .aid
land, and vill defend the .a.e aqain.~ the lavtul clai.. ot all
."Grantor- and "Crantee- are used for .inqular or plural.
a. context r.1Uir...
IN WITNESS WHElU:OF, CRACZ ~TALE. AUGUST %0:"1'0 and KARIE ZOLFO,
Grantor ha. hereunto set qrantor'. hand and ...1 the day and
year firat above vrltten.
'Slqned, ..aled and dellv.red
1n our pre.ence:
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GRACE V:'IA.:.t
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"WITNESS
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iYed ~ ,),<:[) --Documenll'Y SIJt!lO hl
~eceelved S ^ I I L1. C!ll~~ -C" ,..~Al....."e
fC I~PC'\~"J' Ple:lCf"Y h.
COl.~~'TY :lE~t< OF ,CQ.URIr\. J.-
B~80(}~'Y~ OC
"'.::i~t-.
No.
JUN 0 9 1998
Pg~,- ~g
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OR BOOK
U~4UJI
PAGE
STATZ 07 U4,.J ~ /(
comrn 07 ~ lu~"'dlftll
t hEREBY ~rr that on this day betore .el an officer
duly qual1fie4 to taU acknovlec2g...nu, penonallY appeared.
CRACE VITALE, AUGUST ZOUO an4 HASUI ZOLFO, to .. vell known to
b. th. penon. d...cribed. 1n ancS vt\o executed. the toreCJoinq
lr..tXV1llent an4 acknovleged. bef?r. .e that they executed the
..... l
WITNESS .y hand. and. official seal in the County and. State
laat afore-.aid. thia /7 d.ay of July, 1919.
: ..
_" ~~".NO.2~7
~ """ic. Sr.w of H_ Yd
, ' QueIIfIed in It"'fS County
" :' ~"~" Ma,c:h 30. "9/
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NOT.a,x'i LIe
serte of 1/""" r;"Xat Larqa
,
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NY commi..ion 8xpirc~:
~'..
ms IlfSTROKEMT WAS PRI.pAREl) BY z
=- ~ =: ~~ :== tt i~~:J!iX7
700 Eleventh street South crant.e .... .
suite 203 crantee s.s. .
"cpl.., Florida 33940-'72~ P1~rty Apprai.er rollo No.z
\WP50_\RE.\224426.WD.
00297240000
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FC[rn21 OC[TR] ID[882967218891[672B3B4BB841[
1
FOLIO IBB296721889] OYNER> BEYRENT, GARRETT
STRAP 492634 887.8814834 2375 TAHIAMI TRL N STE 384
ORB/Pi 1315]/[1192]
SALE DATE ( 8J[12B71
$ AMT I 25881
ACRES [ .421
TRS->[49112611341
lEGAL-1 34 49 26 COHN NY CNR SEe 34,
-2 S 1957.57FT, E 1641.86FT TO
-3 THE POB, SELY ALG THE ARC OF
-4 A CUR CON TO THE SY 249.18FT,
CURRENT-EX-AHT
$ [ 81 HILL-CODE
$ [ 8] [ 311
$ [ 8]
$ [ 81 HIll-RATE
$ [ 81 *[15.6258]
$ I 8] -1996-
5813] *APPROXIHATE
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LOCATION [NA
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-1997 TAX ROLL-
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34183 4439 AREA CW
CERT-96-UAl PRElIH-97-
I 68 I LtiD $1 2528 I ( 584."
l-USE IHP $[ 8J [
HKT $[ 2528] [ 5848]
ASO+AGX $[ 25281 [ 58481
TAXABLE $[ 16] [ 271
FL
CNTY $[
S-SL $[
S-lB $[
CITY $[
.861 MSTU $i
.181 YHB $[
.84] ISO $[
.88] UADP $[
,83]
.891
.821
.89]
.25]
(1996 TAXES) TOTAL $[
-CERTIFIED-
199] RES477
JUN 0 9 1998 .
PL. J./D
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RECORDED
.
nol1M ~rtllent of Tr.nlPGrutfOft
60S SWIMie 5tl"Mt
T.ll'~IJtI. Florida 32301
~~ .'
DOC~ .,srP'
INT_
1IIO-3..all
CCMm Coll~.r
SECTION : 03175-2.&09
STATE ROAD: 93 (1.75)
PARCEl MO. 114 (Part)
.
...
QUITClAIM DEED
(RtI'rY~ng Certlfn Mfnerals)
TltIS 11IOEIlIllRE. .... this I'(.,y of ~ .
1'!l1. b1 and ~ the STATE Of flORIDA, by Ind through STATE OF
FlORIDA DEPAR1'M[XT OF TWSPORTATIOJf IS the Party of the Ffrst Part Ind
~ ;'rrett F. I. Beyrent, 5IC7 Seahone Avenue. Naples, flonda 33940 the pany
of the Heond part.
oQ
;:a c::t
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IIITlfESSETH Q
=
;e-
a -
WHEREAS, s.1d taneS htrefnafttr described WII h,retofore aCQufred for 1'71 co
.....
state hf9hny purposes; and
1e([RfAS, nfd lInd is no lO"9cr required for such purposu. and the
'Irty of the First 'art. bylttfon of the Secretary of TMlnspoctaticn on
August 12. 1983 pursU&nt to the provisions of Section 337.25, Florida
Statutes has Ig,..~ to quitcla.. the land hereinafter descr1b~ to the Party
(Plrtf,s) of the Second Part;
ftO',{. THtREFOlU:, THIS IKDDfTURE WITXESSETH: That the Party of the
Fint Pert. for and in consideration of the prnrises and the Sill of One
~llar and other yaluable considerations to it paid by the 'arty (Partf,s) of
the Second Part, the receipt of whfch ;s hel"tby acl:nowl~g~. dces hereby
I'8I1se. relelSe Ind qu1tclaf. vnto the Party (Parties) of the Second Part.
and assigns. forner. III the right. titl. and 1n~rest of the SUte of
Florida Incllor the SU~ of Flori~ o.p..rtIlent of TrlnspOrUtfon to the
property described on Exhfbit -A- Itblched he,..to Ind IIIIde I part henof.
TO KAVE A!CD TO HO'..D t:-.. s.tid prmislS and the ippurttnaflUS thereof
unto the 'aTt,J (Parties) of the Second 'art.
P.aSf1"'Ying vnto the Grantor and its sucussors an undfyfded
tlaree-fovrtM interest 1n. and t1tl. in IInd to. an und1vtdfld three-fourths
fnternt in III the phosplaate. IIfnerl1s and _tats that are 01" ., be in. on,
. or under Ute said land and In undhtded one-hllf interest in .11 the
Aec.d..ed S ,~."'7t"'" ~ ~mp Tar
~.-s , Ah~ ..Out. ~ Intqlble
~ Proc>ertyT,.
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COUITT
SECTJOIl
STATE ROAD
'/.ReEL NO.
Co 11 ftr
03175-%409
93 (1-75)
114 (P,rt)
petroleua that 1s or ., be in, on, or under said land w1th the prtvtlt<jf to
.ine .nd dlyelop the s.~ on all l,nds Wherein the Grantor holds the
.
...
requisite interest.
TN1S CONVEYANCE IS ..de subject to any unpaid taxe1, assess~nts.
Hens. or tnCUlllbrances.
!II WITllESS WHEREOf. tht State of Flori" Of9an.nt of
Trarnportation till caused these prtSents to be signed in the na.- of the
State of Florida and in the nIlIIt of the State of Florid. ~rtIItflt of
Transportation by its Director of Pn!COflstruct1on and Design .nd its se.l to
be hereunto affixed. attested by its Executive Secretary. on the date first
aboY. written.
.
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BEfORE HE, the undersigned authority. this day persol\ll1y appeared.
. Di~tor, Division of 'reconstruction and Design and
Execvt1YI Secret." of the State of Florll!.
to n known to be the persons
described in and who eucuted the foregoing 1nstrullllnt, and they severally
acknowledged the execution thereof to) be their frn .ct and deed IS such
officers for the ustS and purposes therein Mntioned. .nd that they affbed
thento the of~1c1al seal of said State of Florida Dep.~t of
Transportation. .nd the utd tnstr'Ulleftt is tt..! .ct and deed of said
Oepan-nt.
. VrTNESS ~ hand and off1ci.l seal this
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PAGE
001315
OR BOOK
.
SURPLUS rROPERTY
PARCEL ~O, 11~('A~TI
StCTION 03115-240'
That part or the S 1/2 oC the MW 1/4 oC Sectl~n 34. Town,hlp 40 ~oa\h. L
Ran,. 2. la.t In Colll.r County. Florid., b.lnr .ore parlleullrl,
d..crlb.. .. tollo.s:
Co..enc. at the cent.r or aald S.ctton 34: th.nce ran" 11'5"31- r. a
dl.tanc. oC tl2,OO t..t: th.nc. " 13'00'33" W a dlstlnC' oC "3,15 te.t:
th.ac. . IS.5"21. t a dlatanc. oC 112.00 C..t to the 'OIKT 0' IlGI"KIMG:
aad tba b.,lnnln. DC I carYl conca.. Soath...terl, .nd hlwln. I chord
b..rla, of . '3.3,'t,. V: tb.ncI Korth...terly elon. a.ld cwrw. hewln. a
rldl.. of 11.'21.11 t..t. thro..h In In.l. ~t 1.13'41., an arc dl.tance or
24'.10 t.et to the .nd ot .al~ cur..: thence " ft~.2.'35" E a dlltanca 0'
13'.3' t..t: th.nc. S 0.1.'13" I a dl.tlncft ot 10'.0' r..t: th.nca
M ".OO'33~ V a dl.tanc. ot 102.33 r..t to the POI"T 0' 8EGI""I"G.
~1.bJ.ct to r..trlctlon.. r...ry.tlon.. condItion. .nd ......rt. of
r.cord. .nd atIIJ\I.. r..aJaln, In plac. and ~n a... It an,.
fbl. prop.rt, cannot ba a..d for outdoor ad..rtl.ln, parpo.....
Ra..rvln, anto tha Stat. oC Florid. D.part..nt ot Tr.n.port.tlon ~11
rl,bta oC In'r.... .'f.... ll,ht. 61r and vi.. b.t...n the .bo.. de.crlbed
propert, and the road na..d .. rollo..:
St.te Road .3(I-T5): alon. the rollo.ln, de.crlb.d llnl.
Co..enc. at the center of .ald S.ctlon 34. Town.hlP 49 Soath, Rlnc. 21
E..t: tbence ran" 1..59'37- I a dlltance of 1'2.00 t.et: th.ne.
. 7S.00'S3- . . dletance ot "2.15 te.t: thence . ".5"ZT" t a dl.tanc.
ot S8Z.00 t..t: tb.nc. S 73.00'33- I . dl.tance or 102.33 teet to the
b.,innla, or the herel~ d..crlbed LI.Sted Acc... Lln.: thence
. 73.00'3'" W a dl.tance or 102.33 r.et to the be,ln"'n, of a curve
cone... Soath..sterly and haYln, a chord bearln, 0' . 73.27'1'- W~ thence
.ortb...t.rl, aloDW .ald curv. h.y!", a radIus 0: 11,121.11 r..t, throu,b
aD aa,le ot 1"13'41-. aD arc dl.tance ot 24'.10 f..t to the end ot .atd
car.1 and the END ot .ald d~-crib.d Li.lt.. AcC". Lln..
l
nus INSTRUMENT PRtpARED !f
G. tv.r':'lI.twIC1
OAT!D 'JAN 131987
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roR'T LAUOCIQAL(. n.OlIlOA
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FClm2] OC[TRI ID[892968898811[67283B488841[
FOLIO [88296889881] OWNER> URZI ET UX, FRANK
STRAP 492634 899.8884B34 17628 ATLANTIC BLUD
ORB/P[ 8]/l 81
SALE DATE [ 8)[88881
$ AHT [ 8]
ACRES [ 5.881
TRS->[49][26][341
LEGAl-1 34 49 26 E1/2 OF NW1/4 OF
-2 SE1/4 OF NW1/4 5 AC.
-3
-4
..
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HIAMI
CURRENT-EX-AHT
$ [ 8J HILL-CODE
$ [ 81 [ 311
$ [ 8 J
$ [ 8] HILL-RATE
$ [ 8] *[15.3945]
$ [ 81 -1996-
$ [ 81 *APPROXIHATE
$ 1 81
.,
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Hf1STO-X
188~-X
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BLO-X
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LOCATION (NA
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********
-1997 TAX ROll-
********
33168 2838 AREA CY
CERT-96-UAl PRElIH-97-
[ 991 UJD $ [ 688881 ( 6988Mt" ,
l-USE IHP $( 9] (
HKT $ ( 68888 J ( 68888 ."
ASDtAGX $[ 688881 [ 688891
TAXABLE $ [ 68889 J [ 688881
Fl
CNTY $(
S-Sl $[
S-LB $[
CITY $[
226.381 HSTU $[
365.221 WHB $(
155 . 94 ] I SO $ [
.981 UADP $[
72.411
28.92]
71.381
3.581
923.67]
(1996 TAXES) TOTAL $(
-CERTIFIED-
1881 RES477
~ .
No.
JUN 0 9 1998
.
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---...- ....~..-..-..--.........- -'- ,.---
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Mtz<t!:.,hlt First. dIlV"/ .JIIJ.,,! .f. 11. 1.'t.6)
Uclwcen JlATHAN I. DARO. and GDT1'UIlI BAROI, hIS wlr.
11/ 'h. CO'''''1 111 Dad. III Iho SI.,. 01 florlda
PGrlvo/IM/l"'f1G"I,AAd. FRUit InIZI and JUJU& InItI. hU wH.
2~Sl - ',th 'troo'
BroOklyn, ... York
c.1 lit. ("0/&"'" 01 ,,, U" .'iu,. 01 x.w York
pa.rtr of 1M "co"'" f1G"I,
Witneeaeth, Ulld U... .old part" 01 Uu /c"" pa,,', /0,. IIPKl Ut "",,.ilLeI'Cl'''''' of
1M ",m.' Ton Dollaro _n4 Othor Good '- V_Ju.b!. ConUd.rat109~l>>I.
10 hiln Ur. lulu P4id 6v U... ,1Ji.d. ptU'lv of t/u! 't/It'.4IM pa.rt, the fYU1pl wlrel"rOl (. 11",,,'11,,
,~klfllw~dt"". AA6 1f'fUlUd., I1tt.rlt1Jlte4 41Ul .014 eo Uw I4ld. PtU"Iv "I tltl: ....,..,,,d ,ou,,/
111,.,.",.1', 1M 11Illf1wl",1 ducribed. ftutd, ,UIUI.lc. trlllJ OM NittJ u. /I,,. t.:OI4f~lfl III '
Co III I r , SIGW 01 r/.orl44., 14 Mt: I
Ea"t J/z or tho IIcrthw..t l/r. or the South...l 1/4 or tho I
Jforthw., t 1 i4 ln Soe tion )4, Town'hlp 49 :Soutb, bnC. 26 loa, t , I
b,'nc , ae~.., mor~ or 1... !
SUBJECT TO I l
re..rvation o~ a ~lcbt of way ......nt for all tho u'ual purpo.
or incre.. .nd ocre,. eKtondlnc twonty-riyo (~S,) r.et alone tho ~
'ldo of all .octlon I1no.. quartor '.ctlon I1no., and quarter
quart.r 'octlon I1n.. wbero tb. aboTO de.cribed real proporty ~i
~ord.r tho 'octlon I1n.., QUartor '.ctlon 11~t' and au.~terdqu.r f
5.ctlon llr... tt". r...r1'at on Ulllll run W1 h tno lAne! a.. In.
Inur. to the ben.fit, .nd u,. of the ownor. of 8'ld d.,crlhed
pro.l'O' and to the ownor. or tho conticuou. 1.nd. bord.r1nc and
touch!n. I.ld rl~ht or way ......ntl
2. A 2~ intor..t 1n ~1n'r.l rlcbt. on ~~ld prop.rtYI
). TaK.' for the year 196) and sub'.luont y.ar.,
Con41tlon., R.'trictlon. and Ll.,tatlon' toe.ther w~th la.o..nt.
a. appear a-one the Public Record' ?f C~1111r County, Florlda,
and &on1nc ordir.anc.. applicabl., lr any.
T02tether with all tM tIMWU'ftU, M~edif4""n.LI 0114 Oppll.~t._~eu, wah
1VtJ~ pnvU.te, rltht, Uti., i"tlr"" on.d ,,"oto, ~.v.,.,a.;:". ,..1'I\4in.d.,. 1tr&4 N.6~mc~t
the,.eto b.zon~ln( 0" ill "nvM" ttpp.,.f4lrabt(:
.And. IJw Mlid P4rl-V "f u" /1,.., pa.rl dou he",'I,!! /~ 1nI"..lIf' 1M: titlr lro ,,,,,,,,,,,d.
tuld ,uiil tk(t'./'Id Ur.e ,"""'- II/lUlU' tM 14U1f1l1 ,lai","", of fIiJ.,,,,,,,,/n..r ,,.;''',,,J,,,,./V',,.
In Witn('"." Wherffl{. Ut.Il,aid fXLrlll oflA4 If,." pa,.t1Ln.o 1I,.,.,.,,,,t,, .,./ hi"
"'aM 4t11t .url tJu day 4/'1d. J/<<V If"" CIhot7Cl lent"-",
:l1t'D~d. Sal~ and D~lh'~roed I. Our PreaeDCCl
cf..:/L t. .. 21G&~~.../
~~.$-f::"r.Jr'7
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Cortruc1. earon
It
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No
f
State of F1orida,
c.u...}' or DADE
I H.EJlE8r CEaTlFY, Tltat Oil 'hll do" pe,..oPIIJlI" "1'1''''''
0/flH, dM4t o.dJa.orlud to ad,"I1&UII~ OrItJU 4,,,:ll4Ik. ,,,:1.:,,,,,,0/""1
.ATJIAJI 1. B.AROJr and CO IRnUDI BAllO', hU wHo
to ".. tnll k__ o.M know" to ml to be the t"diwt,~", dc.("rlb~.Jn Ont' ,~'h"
UIC.t<<t 'ho 10"lol"l deed. tz"d tbo,. o("kflowlultei/r-/reli;r_':~' ",n'
___t. '1&1 ~tI"'<< ',,'e/* ."d 1IOl"1ItGrllr lo~ tltc ,,",p('u~.'f.I!c~.......4!l.I!"'u"".
"rJ'IlfESS m, Mn.d. lI"tlO/fl".w .eo.' ot Coral G.blo. :''';:, "",,,,'~. ". '.
. Co/&"" of Dado ,,,..,1 St.,. 01 Floridtl, I~lt{: l~f"':. . ";':
do, of KaY' . A. n. 11 " . ,z: ..:. -. _'
-. Q A~ ~~~~.~~::~:
K9h;'" I'.W;(" . ,. . : \ . . .
1IOf1" ,.., Ie SUTe "n_ " &MCl
.f AIJMIS$tOlI ~ '"' n. ..
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.AI, Com""'rio" T.zpl,.. _. _.
ORDINANCE HO. 98-
AN ORDINANCE ~~ENDING 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 MAP nUMBER
9634N: BY CHANGInG THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM -A- TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE
MAGNOLIA POND PLANNED UNIT DEVELOPMENT FOR A
MAXIMUM OF 294 MULTI-FAMILY DWELLING UNITS,
LOCATED ON THE NORTH SIDE OF INTERSTATE 75, ~ MILE
WEST or C.R. 951 xu SECTION 34, TOWNSHIP 49 SOUTH,
PANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 42.05 ACRES, MORE OR LESS: AND BY
PROVIDING AN EFFECTIVE DATE.
.
WHEREAS, ~illiam L. Hoover, AICP, of Hoover Planning Shoppe,
representing Garrett F. X. Beyrent, petitioned the Board of
County Commissloners to change the toning classification of the
herein de!cribed real property:
IIOW, :~E:REFORE BE IT ORDAINED by the Board of County
Commlssloners of Collier County, Florlda:
SECTION OllE:
The zoning classification of the herein described real
property located in Section 34, Township 49 South, Range 26 East,
;
Collier County, Florida, is changed from ~AH to "PUD" Planned
Unit Develc?~ent in accordance with the Magnolia Pond PUD
Document, a:tached hereto as Exhibit "A" and incorporated by
reference herein. The Officlal Zoning Atlas Map number 9634N, as
described i~ Ordinance Number 91-102, the Collier Co~nty Land
Development Code, is hereby amended accordingly.
.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of S:ate.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this
day of
1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
BY:
BARBARA B. BERRY, Chairman
DWIGHT E. BROCK, Clerk
Approved as to Form
and Legal Sufficiency
~~ Th. Jtu "'-.t-+<.-t
Marj ie M. Student
Assistant County Attorney
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MAGNOLIA POND PUD
A PLANNED UNIT DEVELOPMENT
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PREPARED FOR:
GARRETT F. X. BEYRENT
3115 County Road 951
NAPLES, FLORIDA 34116
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PREPARED BY:
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WlLUAM L HOOVER, AlCP
HOOVER PLANNING
3785 AIRPORT ROAD NORTH, SUITE B
NAPLES, FLORIDA 34105
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BEAU KEENE. P.E.
KEENE ENGINEERING
3785 AIRPORT ROAD NORTH, SUITE D
NAPLES, FLORIDA 34105
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JUN 0 9 1998
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DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
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TABLE OF CONTENTS
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~:", UST OF EXHIBITS
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~. ~. STATEMENT OF COMPLIANCE
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~l{ SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
~:i SECTION II PROJECT DEVELOPMENT REQUIREMENTS
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? SECTION III RESIDENTIAL AREAS PLAN
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~.. SECTION IV PRESERVE AREAS PLAN
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t::', SECTION V DEVELOPMENT COMMITMENTS
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LIST OF EXHIBITS
EXHIBIT" A"
PUD MASTER PLAN
EXHIBIT "B" PUD WATER MANAGEMENT PLAN
EXHIBIT "C" DEPICTION OF ARCHITECTURALLY DESIGNED POlE UGHTlNG
EXHIBIT "0" DEPICTION OF ARCHITECTURAlLY DESIGNED POLE UGHT1NG
EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "P DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "G" LEGAl DESCRIPTION
iii
JUN 0 9 1998
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STATEMENT OF COMPUANCE
The development of approximately 42.05:t acres of property in Collier County, 8S 8
Planned Unit Development to be known as Magnolia Pond PUD will be in compliance
with the planning goals and objectives of Conier County as set forth in the Collier County
Growth Management Plan. The residential facilities of the Magnolia Pond PUD will be
consistent with the growth poflCies, land development regulations, and applicable
comprehensive planning objectives for the foIlO'Ning reasons:
1. The subject property's location in relation to existing or proposed community
facilities and services pennits the development's residential density as described
in Objective 2 of the Future land Use Element.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Residential Mixed Use District and the
Residential Density Band around the C.R. 951 - Interstate 75 Activity Center, on
the Future Land Use Map. The projected density of 6.99 dwelling units per acre
is in compliance with the Future Land Use Element of the Growth Management
Plan based on the following relatior;ships to required criteria:
Base Density
Activity Center Density Band
Maximum Permitted Density
4 dwelling units/acre
+3 dwellinQ units/acre
7 dwelling units/acre
7.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
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JUN 0 9 lS98 I
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 ~
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Magnolia Pond PUD.
,/ 1.2 ~GAL QESCRlrt1QH
The subject property being 42.0~ acres, and located in Section 34, Township 49
i. South, Range 26 East, and as described on Exhibit -G-:
1.3 P
The subject property is owned or under contract to purchase by:
Garrett F. X. Seyrent, 3115 County Road 951, Naples, Florida 34116.
1.4 ~NERAL DESCRIPTION OF PROPERTY AREA
A.
The SUbject property is located on the north side of Interstate 75, one-half
mile west of C.R. 951 (unincorporated Collier County), Florida.
S. The entire project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
b.
1.5 ftlYSICAL DESC~If?TION
The project site is located within the Main Golden Gate Canal Drainage Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is the Golden Gate Canal, located north of the project. The peak
discharge rate from the design ~torm will be limited to 0.15 cubic feat per
second/acre per Collier County Ordinance No. 90-10.
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Natural ground elevation is approximately 10.8 NGVD The entire site is located
within FEMA Flood Zone .X- with no base flood elevation specified.
The water management system for the project proposes the construction of a
perimeter berm with crest efevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge to the Main Golden Gate Canal.
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1.6
Per Collier County Soil Legend. dated January 1990, there are two predominate
types of soil found within the limits of the property:
#14 - Pineda Fine Sand, Limestone Substratum
#21 . Boca Fine Sand
The site vegetation consists primarily of pine-palmetto flatwoods. Cabbage palm
hammocks and cypress trees also exist on-site.
"
The Magnolia Pond PUD is a project composed of a maximum of 294 residential
units. These residential units are projected to be developed as: villas, coach
homes, carriage homes, or condominiums. Recreational facilities will be provided
in conjunction with the dwelling units. Residential land uses, recreational uses.
and signage are designed to be hannonious with one another in a natural setting
by using common architecture. quality screening/buffering, and native vegetation.
whenever feasible.
1.7
SHORT T'TI,E
This Ordinance shall be known and cited as the "Magnolia Pond Planned Unit
Development Ordinance".
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2.2
SECTION II
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PROJECT DEVELOPMENT REQUIREMENTS
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The purpose of this Section is to delineate and generally describe the project ptan
of development. relationships to applicable County ordinances. the respective
land uses of the tracts included in the project, as well as other project
relationships.
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Regulations for development of the Magnolia Pond PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect
at the time of issuance of any development order to which said regulations
relate which authorizes the construction of improvements. such as but not
limited to Final Subdivision Plat. Final Site Development Plan, Excavation
Permit and Preliminary Work Authorization. Where these regulations fall
to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Magnolia Pond PUD shall become
part of the regulations which govern the manner in which the PUD site may
be developed.
A
.
B.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of DMsion 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest. or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit Issuance applicable to this development.
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2.3 QESCRIPTIO~ OF PROJf;CT DENSITY 08 I1illiNSITY OF LAND USES
2.4
A maximum of 294 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 42.05:f: acres. The gross project density
shall be a maximum of 6.99 units per acre.
A. The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the land Development Code, and the platting laws of the
State of Florida.
B. The provisions of Division 3.3, Site Development Plans of the land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to the
issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5
~L UNITS AND SALES FACI~lTIES
A. In conjunction with the promotion of the development, residential units may
be designated as models. Such model units shall be governed by Section
2.6.33.4 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the site
after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the land Development Codt.
2.6 PROVISION FOR OFF-SITE REMOVAL OF ~RTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
A.
Excavation activities shall comply with the definition of a -Development
Excavation" pursuant to Section 3.5.5.1.3 of the land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
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All other provision. of Division 3.5 Excavation of the Land Development
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3.2
SECTION III
RESIDENTIAL AREAS PLAN
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The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "AIt, PUD Master Plan.
The maximum number of reaidential dwelling units within the PUD shan be 294
units.
3.3~
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted ,Princioal Uses and Structure~:
1. Single-family dwellings (includes zero-lot line).
2.
Two-family dwellings and duplexes.
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
B. ,Permitted Accessorv Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings .
2.
Recreational uses and facilities including swimming pools. tennis
courts. volleyball courts, children's' playground areas, tot lots. boat
docks, walking paths, picnic areas, recreation buildings, verandahs,
and basketbalVshuffte board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.
7
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JUN 0 9 1998
PI' 610
5.
Essential services, including interim and permanent utility and
maintenance facilities.
.
6. Any other accessory use deemed compatible by the Development
Services Director.
3.4 DevELOPMENT ST~
A. Table I sets forth the development standards for land uses within the
Magnolia Pond. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive. the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive. the setback is measured from
the road easement or property line.
(a) Carports are permitted within parking areas.
(b) Garages are permitted at the edge of vehicular pavement.
.
B. Off-Street Parkina and Loadina Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
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JUN 0 9 1998
_PIl.. 51
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TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
~~
Minimum Lot Area 7,500 Sq. Fl
(per unit)
Minimum Lot Width 60' Interior Lots (1)
70' Comer Lots
Front Yard Setback
Side Yard Setback
Rear Yard Setback:
Principal Structure 20'
Accessory Structure 10'
PUD Boundary Set-
back:
Principal Structure NA
Accessory Structure NA
Lake Setback 20'
Natural Habitat Pre-
serve Area Setback
Distance Between
Principal Structures
Distance Between
Accessory Structure
Maximum Height:
Principal Building
Accessory Building
Minimum Floor Area
25'
0' & 10' or both 5'
25'
NA
10'
35' and 2 stories
20'/Clubhouse 35'
1200 Sq. Ft.
Minimum carport or 2 car garage
garage per unit
5,000 Sq. Ft.
90' Interior Lots (1)
(45')(2)
110' Comer Lots
(55')(2)
20'
0' & 10' or both 5'
20'
10'
NA
NA
20'
25'
NA
10'
35' and 2 stories
20'/Clubhouse 35'
1100 Sq. Ft.
1 car garage
MVt.Il:fAMIL Y
4,000 Sq. Ft.
NA
NA
NA
NA
NA
NA
20' (3)
10'
20'
25'
One-half the sum of
the heights.
10'
38' and 3 stories
20'/Clubhouse 35'
1 bedroom = 650
Sq.Ft. 12 Bedroom =
900 Sq.Ft.13 Bed-
room = 1050 Sq. Fl
1 carport space or 1
car garage
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-
family structure is on an indlviduany platted lot
(3) Three-story buildings shall be set back a minimum of three hundred feet from the
Golden Gate Canal right-of-way and one hundred feet from Interstate 75 right-of-way.
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JUN 0 9 1398
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c.
Open SoacelNatural ttabitat Preserve Area Reouirements:
1. A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site.
.
2. A minimum of twenty-five (25) percent of the viable naturally
functioning native vegetation on-site (natural habitat preserve area),
including both the understory and the ground cover emphasizing the
largest contiguous area possible, shall be retained on-site, as
described in Section 3.9.5.5.3 of the Land Development Code.
D. J,.andscaping and~~erin9 Reouirements:
1.
A berm, wall, fence, or combination thereof, shall be provided by the
developer adjacent to the southern PUD boundary along the
Interstate 75 right-of-way, except where wetland preserve areas are
proposed adjacent to Interstate 75. Such buffer, shall be provided
prior to the issuance of Certificates of Occupancy for any
permanent residential structures in that phase. Such screening
shall have a height of between three and one-half (3.5) and seven
(7) feet above the elevation of the nearest westbound travel lane of
Interstate 75. Such buffer may have occasional openings to
provide glimpses of the project from Interstate 75. In order to
maximize security and minimize impacts on existing trees, walls or
fences shall not exceed more than eight (8) feet in height of any
berm/wall or berm/fence combination.
.
2. If landscape buffers are determined to be necessary adjac9nt to
wetland preserve areas, they shall be separate from those preserve
areas.
3. Where two separate two-family or multi-family projects within the
PUD abut each othel, buffering and screening between them shall
not be necessary, due to the unified architectural theme throughout
the entire PUD, as described within Section 3.4E. of this PUD
Document. Where a single-family or two-family project within the
PUD abuts a multi-family project within the PUD, a ten (10) foot
buffer shall be provided between them, with trees provided at
twenty-five (25) feet on center and a single hedge also provided
within such buffer. Such trees and shrubs shall meet the standards
for plantings, as described within Section 2.4.4 Plant Material
Standards and Installation Standards, of the land Development
Code.
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JUN 0 9 lS98 ,
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.
E.
.
.
Architectural Stand~rds
1. AU buildings. lighting. signage. and landscaping shall be
architecturally and aesthetically unified. Said unified architectural
theme shalt include: a similar architectural design and use of similar
materials and colors throughout all of the buildings. signs. and
fenceslwalls to be erected on all of the subject parcels.
landscaping and streetscape materials shall also be similar in
design throughout the subject site. All buildings shall be primarily
finished in light subdued colors with stucco except for decorative
trim. Within any multi-family project all roofs. except for carports,
shall be peaked and finished in tile or metal. Within any single-
family or two-family project all roofs. except for carports, shall be
peaked and finished in tile. metal. or architecturally-designed
shingles (such as Timberline).
2. All pole lighting, internal to the project. shall be architecturally
designed. limited to a height of thirty (30) feet. and similar
architecturally to one of the lighting fixtures shown on Exhibits .C. or
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Signs shall be permitted as described within Division 2.5 of the Collier
County land Development Code, except as described in the following
instances.
1. Up to two (2) grotlnd or wall signs shall be permitted at the main
entrance to the PUD and located within the interior of the PUD.
Such sign{s) shall contain only the name of the entire 42.05:f:-acre
PUD project. names of individual communities within the PUD
project, and insignia or mottos of the development. Such ground or
wall sign{s) shall be similar architecturally to one of the signs shown
in Exhibits -E- or -Fit and architecturally compatible with the unified
architectural theme of the entire PUD (as described in Section 3.4E.
of this PUD Document). Said ground or wall sign(s) shall not
exceed a combined area of sixty-four (64) square feet. and shall not
exceed the height or length of the wall upon which it is located.
2. A ground sign shall be permitted along the southern PUD boundary.
Such sign shall contain only the name of the entire 42.05:f:-acre
PUD project and shall be architecturally compatible with the unified
architectural theme of the PUD (as described in Section 3.4E. of
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shan not exceed an a1'88 of twenty-four (24) square feet.
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seCTION IV
PRESERVE AREAS PLAN
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The purpose of this Section is to identify specific development standards for the
Preserve Areas aa shown on Exhibit "A", PUO Mastor Plan.
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No building, structure or part thereof, shall be erected, altered or used. or land
used, in whole or part, for other than the fol1OY1ing:
A .Permitted Prios:ipal Uses sod $tructures:
1. Passive recreational area. inc1uding recreational shelters.
2. Biking, hiking, and nsture trails, and boardwalks.
3.
Golf cart pathways and boardwalks.
4.
5.
Water management facilities and essential services.
Native preserves and wildrsfe sanctuaries.
6. Suppfemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
7. Any other use comparabfe in nature and deemed compatible by the
Development Services Director.
13
~$'A
I JUN 0 9 lS98
j l'n.-'o;L
SECTION V
.
DEVELOPMENT COMMITMENTS
5.1 ~
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2
~
All facilities ahan be eonatrueted in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicabte to this PUO, in effect at the time of Final Plat. Final Site
Devefopment Plan approval or building permit appfication as the case may be.
Except where spedfically noted or elated otherwise, the standards and
specifications of the official County Land Development Code shall appfy to this
project even if the land within the PUO is not to be platted. The doveIoper. his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The developer. his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications .
as may be agreed to in the rezoning of the property. In addition, any successor in
title or assignee is subject to the commitments within this Agreement
5.3 PUt> MASTeR PLMI,
A Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be made
from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
14
.:ri1B~~
Ne~~'
JUN 0 9 1998
PQ~ b.3
. 5.4
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in one (1) or
two (2) phases.
A. The landowners shall proceed and be governed according to the time
fimits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Yonitorina .Reoort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development Code.
5.5 ~
A This project shall be required to meet all County Ordinances in effect at the
time final construction documents are submitted for development approval.
B. Design and construction of all improvements shan be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
C. Prior to SOP approval a FOOT "Notice of Intent to Issue" Right of Way
. permit shall be submitted for work within the S.R. 951 right of way.
5.6 WATER MANAGEMGNT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development
Services with the SOP submittal. A copy of the approval of this SFWMD
Surface Water Permit shall be submitted prior to Final Site Development
Plan Approval.
B. A copy of the approval of the SFWMO Right of Way and Discharge Permit
for outfall into the Golden Gate Canal shall be submitted prior to Final SOP
approval.
C. An Excavation Permit will be required for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
D. Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
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From 1-75 North to the main Golden Gate Canal, the developer shall be
responsible for clearing vegetation from the existing 25' drainage
easement and leveling the existing spoil piles to form a 15' wide
maintenance travelway along the west bank of the existing ditch. In
addition, 811 vegetation shall be removed from the top width of the existing
ditch located on the adjacent 30' drainage easemenl All cut stumps shall
be treated with an appropriate herbicide to prevent re-growth.
F. Petitioner must obtain permission from property owners abutting the north
side of access road to place roadway fill (skies lopes) on their property.
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G. Authorization from Collier County and FOOT must be obtained prior to
constructing culverts under the access road for conveying 1-75 runoff and
. runoff from south of 1.75.
5.7 J,JTILITIE-S
A.
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
construded, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 97-17. as amended. and other applicable County
rules and regulations.
5.8
IftAFFIC
e:
A. The applicant shall be responsible for the installation of arterial level street
lighting at all project entrances and at the intersection of Access Road No.
2 and C. R. 951, unless previously provided by one of the other property
owners also utilizing such access road. Installation shall be in place prior
to the issuance of any certificates of occupancy.
B. Access Road No. 2 shall be brought up to County standards with respect
to grading, paving and drainage. This work shall be the responsibility of
the developer and shall be in place prior to the issuance of any certificates
of occupancy. All improvements shall extend westerly to the project's
western property boundary.
C. Access Road No.2 onto C.R. 951 is subject to both FOOT and County
access management standards. Any existing median openings in C. R.
951 may be modified at any time, which could include directionalaCC8ss or
closure by either FOOT or Collier County. Any existing mealSn opening
shalt not vest any right in the applicant such that Collier County or FOOT
may be liable for any damages due to median modifications in the Mure.
16
I:~~ D{a)'fi) ..O~.
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JW~ C 9 1998 ,
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.
.
.
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
E. Road Impact Fees shall be paid in accordance with 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.
D.
5.9 ~
A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site dearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A.
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal of
exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 ofthe Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as ccnservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as per
Section 704.06 of the Florida Statutes.
C. Buffers shall be provided around any wetlands. extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Review Staff.
17
~~..Si)fh)
JUN C 9 1998
~n ~0
D. An exotic vegetation removal. monitoring, and maintenance (exotic-free) .
plan for the site. with emphasis on the conservation/preservation arust
shall be submitted to Current Planning Environmental Review Staff for
review and approval prior to Final Site Development Plan/Construction
Plan approval.
E. This PUD shan comply with the environmental sections of the Collier
County Land Development Code and Growth Management Plan
Conservation and Coastal Management Element at the time of final
development order approval.
F. A Gopher Tortoise relocation/management plan shall be submitted to
Current Planning Environmental Staff for review and approval. A copy of
the approved plan language shall be included on the Final Site
Development Plan.
G. Prior to Final Site Development Plan approval the petitioner shall submit a
copy of the Florida Game and Fresh Water Fish Commission Gopher
Tortoise Permit
18
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.AL DESCRIPTION:
PARCEL 8: THE VEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
DF THE NDRTHWEST 1/4 IN SECTION 34~ TOWNSHIP 49 StJUTH~ RANGE 26
EAST;
AND:
PARCEL 9: EAST 1/2 DF THE NDRTHWEST 1/4 Dr THE SOUTHEAST 1/4 DF
THE NORTHVEST 1/4 DF SAID SECTION 34J AS RECOR])E]) IN aRt BOOK 109
PAGE 600j
AND:
PARCEL 20: THE EAST 112 DF THE SOUTHEAST 114 DF THE NDRTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 34~ AS RECDRDEIJ IN aRt BOOK
1457~ PAGE B030j
AN]):
PARCEL 21/ THE EAST 1/2 OF THE NDRTHEAST 1/4 OF THE SOUTHEAST 1/4
DF THE NDRTHWEST 114 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 3{ LESS A PORTION THEREOF:
JJ.l RECOR/JED IN D.R. BDDK 121E~ PAGE 147li
.D:
PARCELS 33 & 38: THE VEST 1/2 DF THE EAST 1/2 DF THE NORTHEAST
1/4 OF THE NDRTHWEST 1/4 DF SAID SECTIDN 34~ AS RECDRDED IN
D.R. BDOK 1443J PAGE 1518j
AND:
PARCEL 39: THE EAST 112 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4
DF THE NDRTHWEST 114 DF SAID SECTION 34, LESS A PORTION THEREDF~
AS RECDR/JE/J IN D.R. BDDK 155L PAGE 961j
AND:
PARCEL 41: THE WEST 1/2 DF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4
DF THE NDRTHWEST 1/4 OF SAID SECTION 34, LESS A PDRTIDN THEREOF,
AS RECORDED IN D.R. EDDK 1556~ PAGE 901j
AND:
PARCEL 114: A D.a T. SURPLUS PDRTIDN AS RECDRDED IN aR. BOOK 13151
PAGES 1192 THRDUGH 1194.
,
SAID LANDS LIE IN COLLIER CDUNTY, FLORIDA, CDNTAIN 42.0 __ S, 'FD/.AYy.'
_E DR LESS, AND ARE SUBJECT TO EASEMENTS ANIJ RESTR CTlflNS B LJ
iltCDRIJ1 INCLUDING THOSE PRDVIDED AND SHDWN DN THIS 'M. P DF J:IJRVFY'.:
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EXECUTIVE SUMMARY
PETITION NO. PUD-86-7(1). WILLIAM VINES OF VINES & ASSOCIATES, INC..
REPRESENTING RICHARD K. BENNEIT, TRUSTEE, LAND TRUST 5222, REQUESTING AN
AMENDMENT TO TIlE TWELVE LAKES POO, ORDINANCE NO. 87-4 FOR THE PURPOSE OF
REDUCING TIm NUMBER OF AUTHORIZED DWELLING UNITS AND ESTABLISHING A
MAXIMUM GROSS FLOOR AREA FOR COMMERCIAL DEVELOPMENT FOR PROPERTY
LOCATED ON THE NORm SIDE OF DAVIS BOULEVARD AND SOUTH SIDE OF RADIO
R.OAD ONE-HALF (1/2) MILE EAST OF SANTA BARBARA BOULEVARD IN SECTION 4,
TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA.
OBJECI1VE:
. In response to a recent amendment to the Twelve Lakes DR! Development Order the ploperty ownCf is
applying for an amendment to the Twelve Lakes PUD Development Order for the purpose of making
the same revisions to the PUn u were made to the DR! Development Order.
CONSIDERATIONS:
The Twelve Lakes PUD is boL:.d by Radio Road on the north, Davis Boulevard on the south, one-half
mile east of Santa Barbara Bo~:jevard.
A recent amendment to the Twelve Lakes DR! Development Order resulted in a reduction to the
approved residential density and commercial intensity. Specifically the amended Development Order
reduced the number of authorized dwelling units from 1,310 to 1,000 dwelling units and conunercial
intensity from 160,000 to 112,500 square feet.
The amendments to the Twelve Lakes PUD proposed by this petition serve to implement the
Development Order land use authorization.
This amendment has no effect on existing and surrounding land uses. It does nothing to change the
location of land use tracts. The Master Pian dictates relationships to abutting lands. The Master Plan
is not being changed by this petition.
The Collier County Planning Commission unanimously recommended approval of this petition. No
person spoke on otherwise communicated any level of objection to the adoption these revisions.
FISCAL IMPACT:
None.
~~
JUN 0 9 1998
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GROWTH MANAGEMENT IMPACf:
The type of amendment reflected by this petition bas no effect on provision of the Growth
Management Plan.
mSTORIClARCBAEOLOGICAL IMPACT:
. St8frs analysis indicates that the petitioner's property is located outside an area of historical and
archaeo~ogieal probability as referenced on the otlicial Collier Co1U1ty Probability Map. Therefore, no
, .,Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
. The Collier County Planning Commission recommend approve Petition pud-86-7(1) a petition to
amend the Twelve Lakes PUD as described by the amending ordinance made a part of this executive
summary.
'5.~o.qq
DATE
R NALD F. NINO, AlCP
CURRENT PLANNING MANAGER
REVIEWED BY:
{/if;
U~_.
RO RT J. MULHERE, AlCP
PLANNING SERVI~S DEP~TME. g]O'DIRECfOR
J/. 7 / /. ,J!-.
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VlNCJNT A. CAmERO, AlCP, ADMlNISTRATOR
coMMuNITY DEV. AND ENVIRONMENTAL SVCS.
; -27.,.. 7$
DATE
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DA
PUD-M-7(1) EX SUMMARY/md
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JUN 0 9 1998
2
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ME MORAND mf
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT SERVICES DMSION
DATE:
MARCH S, 1998
RE:
PETITION NO:
PUD-86-7(1 ), TWELVE LAKES
OWNERlAGENT:
Agent:
William R. Vines, President
Vines & Associates Inc.
800 Harbour Drive
Naples, Florida 34103
Owner:
Richard K. Bennett, Trustee
Land Trust #5222
3033 Riviera Drive, Suite 201
Naples, Florida 34103
(See List of Beneficiaries Attached)
REOUESTED ACTION:
This petition seeks to amend the Twelve Lakes PUD to implement a recent action amending the DR!
Development Order.
GEOGRAPHIC LOCATION:
The Twelve Lakes PUD is bound by Radio Road on the north. Davis Boulevard on the south, one-
half mile east of Santa Barbara Boulevard (see location map following page).
PURPOSElDESCRIPTION OF PROJECT:
A recent amendment to the Twelve Lakes DR! Development Order resulted in a reduction to the
approved residential density and commercial intensity. Specifically the amended Development Order
reduced the number of authorized dwelling units from 1,310 to 1,000 dwelling units and commercial
intensity from 160,000 to 112,500 square feet.
The amendments to the Twelve Lakes PUD proposed by this petition serve to mplPh''' tift'
Development Order land use authorization. ~
JUN 0 9 1998
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SURROUNDING LAND USE AND ZONING:
This amezx1ment bas no effect on existing and surrounding land uses. It does nothing to change the
location ofland use tracts. The Master Plan dictates relationships to abutting lands. The Master Plan
is not being changed by this petition.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The type of amendment reflected by this petition has no effect on provision of the Growth
Management Plan.
mSTORlClARCHAEOLOGICAL 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 HistoricaVArchaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The revisions reflccted by this amendment will result in a 1 reduction on transportation and
infrastructure impacts.
There are no environmental impact inasmuch as the Master Plan is not being revised by the reduction
in land uses. The reduced density and intensity will simply be applied to the unaltered development
tracts resulting in lower densities per residential tract and lower commercial intensity on the
commercial tract.
ANALYSIS:
As advised this petition to amend the Twelve Lakes PUD is responsive to an earlier action on the
part of the Collier County Board of Commissioners amending the Twelve Lakes DRl Development
Order. The DRl Development Order was amended resulting in a reduction of the nwnber of
authorized dwelling units from 1,310 to 1,000 dwelling units and the commercial intensity from
160,000 square feet to 112,500 square feet.
This action made it necessary to amend the zoning Development Order (i.e. Twelve Lakes PUD
document) because said document also legislates the number of dwelling units, but was silent on the
matter of commercial intensity. Particularly over time administrative staff tend to focus on the PUD
document when dealing with permitting actions and consequently unless the PUD document is
similarly amended the revision in density and intensity may be unintentionally missed.
~3l:
NO
. - )
The amendment to the PUD will prevent this from occuning.
2
JUN 0 9 1998
p.Q,-~
STAFF RECOMMENDA nON:
.
That the Collier County Planning Commission reconunend approval of Petition PUD-86-7(1) a
petition to amend the Twelve Lakes PUD as described by the amending ordinance made a part of this
executive summary.
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RONALD F. NINO, AICP
ACTING CURRENT PLANNING MANAGER
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DATE
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~ MULHERE, A1CP
~SER.VJCES ~TMENT DIRECTOR
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CENT A. CA~RO, A1CP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
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Petition Number PUD-86-7(1)
StaffRepoI1 for April 2, 1998 CCPC meeting.
COLLIER COUNTY P~OMM1SSION:
-;;tUUut Il /(Vb
MICHAEL A. DAVIS, CHAIRMAN
PUD-86-7(1) STAFF REPORT/md
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PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEARING
FOR
PUD AMENDMENT 100 AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
1.
Name of Applicant(s) Richard K. Bennett. Trustee. . _
#5222
Applicant's Mailing Address 3033 Riviera Drive - Suite 201
la"d Trust
City Naples
State
FL
Zip 33940
Applicant's Telephone Number: Res.:
Bus.: 283-7700
..
Is the applicant the owner of the subject property?
X Yes
No
-X- (a) If applicant is a land trust, so indicate and name beneficiaries below.
(b) If applicant is corporation other than a public corporation, so
indicate and name officers and major stockholders below.
(c) If applicant is 8 partnership. limited partnership or other business
entity, so indicate and name principals below.
(d) If applicant Is an owner, indicate exactly as recorded, and list all
other owners, if any.
(e) If applicant is a lessee. attach copy of lease, and indicate actual
owners if not indicated on the lease.
(f) If applicant fs 8 contract purchaser. attach copy of contract, and
indicate actual owner(s) name and address below.
:...
(See attached)
JUN 0 9 1998
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2.
Name of Agent William Vines
Firm Vines & Associates. Inc. .
Agent's Mailing Address
800 Harbour Drive
City Naoles
State
FL
Zip 34103
Agent's Telephone Number: Res.:
Bus.: 262-4164
3. PUD ORDINANCE NAME AND NUMBER: Twelve Lakes PUD Ordinance 87-4
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If request
involves change to more than one zoning district, include separate legal
description for property involved in each district. If property is odd-shaped,
submit five (5) copies of survey 11" to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL
DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION
4
TOWNSHIP
50S
RANGE
26E
J
.
That portion of the east half of Section 4. Township 50S. Range 26E. Collier County.
Florida. located north of the right of way for Davis Boulevard lSRS-8561 and south
of the right of way for Radio Road ISRS-858L
5. Address or location of subj(:;ct property: See 4 above
6. Does property owner own contiguous property to the subject property? If so,
give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page.) No
.~.
No
JUN 0 9 1998
pg_._3
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7.
TYPE OF AMENDMENT:
-X.... A. PUD Document Language Amendment
B. PUD Master Plan Amendment
_ C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN:
-X.. Yes _ No If no, explain:
9. HAS A PUBUC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST
YEAR? IF SO, IN WHOSE NAME? Richard K. Benne". Trustee
PETIT10N NO. DOA-97-2
DATE Approved by resolution 97-479
December 16. 1997
10.
HAS ANY PORTION OF THE PUD BEEN No SOLD AND/OR No
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED? .
_ Yes --2L No IF YES, DESCRIBE: (Attach additional sheets if necessary).
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I, Richard K. Bennett 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 aU the answers to the
questions in this application, and all sketches, data, and other supplementary matter
attached to and made a part of this appncation, are honest and true to the best of our
knowledge and belief. I understand this application must be completed and accurate
before a hearing can be advertised. I further permit the undersigned to act as our
representative in any matters regarding this Petition.
" ~>
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GNATURES 0 ALL OWNERS ARE MANDATORY.
SIGNA E OF OWNER
Richard K. Bennett
SI1NmNER -&
SIGNATURE o~
William R. Vines
State of Florida
County of Collier
;
.
The foregoing Application was acknowledged before me this 27th day of
.TrlT'lllrlry , '9-9.8. by Richard K. Bennett
who is personally known to me or who has produced
has identification and who did (did not) take an oath.
-B~~~/ }~j
(Signature of Notary Public)
SEAL
Barbara J. Hipsley
(Print Name of Notary Public) Q) ........,.,
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. .....,21._
NOTARY PUBLIC ..........____
Serial/Commission No.
My Commission Expires:
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m. 'EAAI, FRYE
MliS Bonita Beach Rd.
lIhita Springs, F-L 34134'
E\IBEK DE F. CON. PEN.
clo Edward Mace
72-0 Goodlette - Rd. N. ,
suite 202
Naples, FL 33940
MR. ROBERT BIGELOW
~375 Jackson Street-f203
Fort Myers, rl 33901
MR. ANDRE LAZ
201 8th St. South, *304
Naples~ FL )g940
INTRINSIC RADIO-DAVIS
Thornton D. McDonough
.754 -Trenton Court
~!tlake, OH 44145
HR. DONALD ZtJt-1FELDE
712 Killdeer Place
Naples, FL 34108
MP.. DANNY TZAKIS
Tzakls Building
P.O. Box 2138
Madison, WI 53701
JEANNETTE M. BOUCh"ER, TrEE
5601 Turtle Bay Drive
*1403-
Naples, FL 34108
CARL JOSEPH COLEMAN
clo Fowler, White a-t a1
P.O. BoX 1567
Fort Myers, FL 33902
.
PATRICK GERAGHTY
P-.O-. -BoX 1'05- .
Fort Myers, FL 33902
MR. CLINTON C~~INGS
106 Club H01.1se Drive
Apt. 268
Naples, FL 33942
MS. JAN!~ D. SAVITT
4021 Gulfshord Blvd N.
I 701
Naples, FL 33940
DOROTHY E. FRENGEL, TTEE
3411 Tamiami Trail North
Naples, Ft. 33940
RICHARD DETURK, JR
34;9 Morningwood C~.
SUwanee, GA
30024
MR. HENRY KREHLING, JR
Krehlinq Industries
1425 Wiogins Pas~ Read
Naples, -FL 33940 ~
MR. EDWARD F. STRE~T
2000 West Galena Blvd.
Aurora, IL 60506
MR. Ml~HAEL A. CIPOL~~O
110 E. Reading Way
Winterpark, FL 32789
MS. RUTH ANN ZOMFELDE
712 Killdeer place
Naples, FL 34108
MR. WILLIAM McCARTHY
Diocese of venice
P.O. Box 2006
Venice, FL 34284
DALE BARRY BOUCHER, wrEE
P.o. Box 775772
SteaInbost . SpriJ19s) CO
80477-5172
f'V:r,; S Z-z.~
MR, EDGAR E. DAVIS
3411 Tamiami Trail North
Naples, FL 33940
Marguerite c. T~is
903 Canal Lake Road
Blairsville,.GA 30512
MR. JAMES REHAK
850 Nelson's Walk
Naples, FL 3)940
.
BORAN, CRAIG & SCh~CK
c/o Michael 0. Boran
3606 Enterprise Avenue
Naples, FL 33942
GAMAS INVESTORS
c/o Ja.y Swall:-en
2349 Gulfshore Blvd. N.
Naples, FL 33940
,
MR. MICHAEL MAASTON
Spence, Marston , Bunch
250 N. Pelcher Rd., *10
Clearwater, FL 33575
SUNBELT PROPERTIES, !NC
Kenny Anthony
403 woods Lake Rd., *2C
Green~ille, SC 29~07
MR. LARRY WYNN, TTEE
9220 Bonita Beach Rd~4
Bonita Sprinqs, FL 33!
ROBERT SPEnCE, TRUStEE
Spence, Marston , Bunc~
250 N. Belcher Rd_, .11'
Clearwater, FL 33575
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JUN 0 9 1998
PO; _ II
OROINAllCE NO. 99-_
.
AN ORDINANCE AMENDING ORDINANCE NUMBER
87-4, THE TWELVE LAKES PLANNED UNIT
DEVELOPMENT, BY PROVIDING FOR SECTION ONE,
AMENDMENT TO SECTION 2.4, MAXIMUM PROJECT
DENSITY OF SECTION II, PROJECT DEVELOPMENT
REQUIREMENTS; SECTION TWO, AMENDMENT TO
SECTION 3.3, MAXIMUM ~~ELLING UNITS Or
SECTION III, RESIDENTIAL DEVELOPMENT
REGULATIONS; SECTION THREE, AMENDMENT TO
SECTION 4.2, USES PERMITTED OF SECTION IV,
COMMERCIAL DEVELOPMENT REGUIATIONS; AND BY
PROVIDING AN EFFECTION DATE.
WHEREAS, cn February 10, 1987, the Board of County Commissioners
approved Ordinance Number 87-4, which established the 7~elve Lakes
?:anned Unit Development (PUD): and
WHEREAS, William Vines of Vines and Associates, I~c., representing
the Board of County Cc~issioner! had petitioned to amend Ordinance
Number 87-4, as set forth below:
NOW, THEREFORE BE IT ORDAINED, by t~e Board of County
Commissioners of Collier County, Florida:
.
SECTION ONE: AMENDt1EN7 TC SEC7ION 2.'; !-'.AX:r.r.i:... PROJECT DENSITY or
SEC.ION II, PROJECT DEVELOPMEN. REQUIREMENTS
Sect~on 2.4, Maximum Project Density of Section II, Project
Development Req~i=ements, of the Twelve Lakes Planned U~lt Development,
.
(Crdinance 97-4 \ , i! hereby 8:-:-_er.ded to read as follows:
2.4. ~.AXIMUM PROJECT DENSITY
:;0 more tl".an ~ 1, COO residential uni:5 shall ~~ constructed
~ithin :he 7~elve Lakes project. Development of all ~ 1,000
dwelling uni:s would result in a gross project density of
approxirna:el, ~3.8 units per acre.
SECTION TKO: AMENDMENT TO SEerION 3.3, !-'.AXIMUM DWELLING UNITS or
SECTION III, RESIDENTIAL DEVELOPMENT REGULATIONS
Secticn 3.3, Maximum Dwelling Units of Section III, Residential
Develop~~n: Reg~lations, of the Twe:ve Lakes Planned Unit Development
(Ordi :.ance 87-4), is hereby amended to read as follows:
AG~tNJ\
NO~
3.3 MAXIMUM DWELLING UNITS
A maxim~ of ~ 1,0CO dwelling units may be constructed.
I Words struck throuQh are deleted; words
asWWdQea.1998
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SECTION THREE: AMENDMENT TO SECTION 4.2, USES PERMITTED OF SECTION
IV, COMMERCIAL DEVELOPMENT REGULATIONS
Section 4.2, Uses Permitted, of Section IV, Cc~~ercial Development
Regulations of the Twelve Lakes Planned Unit Development (Ordinance 87-
4), is hereby amended to read as follows:
4.2. USES PERMITTED
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:
A. Principal Uses:
A neighborhood shopping center, which shall include a
supermarket as its major tenant. The shopping center may
also include a drugstore and smaller retail shops which
ofter a variety of consumer goods, financial institutions,
offices, clinics, personal service e5tablis~~ents, laundry
and dry cleaning, post office, and such other uses as are
determined by the Planning Services Director to be customary
and appropriate in neighborhood shopping centers. The total
building area of all of the above pe~itted uses shall not
exceed a gross floor area of 112,500 square feet.
. .
",
SECTION fIVE EFFECTIVE DATE
This Ordinance shall become effective upon f1ling with the
Department of State.
PASSED AND DULY ADOPTEe by the Board of County Commissioners of
.
Collier Count}, floflda, this
day c~
, 1998.
:.
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ATTEST:
DWIGHT E. BRO~r., C:ERK
BOARD Of CO~NTY COMMISSIONERS
COLL:ER COUNTY, fLOR!~A
BY:
BARBARA B. BERRl, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/Pl'd-U-' (1) /1'".1... La... '1111
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Words struck throuah are deleted; words ""A_~'i"_
JUN 0 9 1998
are added. I
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EXECUTIVE SUMMARY
PETITION NO. PtJD..97-1S, BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING
CONSULTANTS, INC., REPRESENTING GEORGE VUKOBRATOVICH, TRUSTEE,
REQUESTING A REZONE FROM "CP COMMUNITY FACILITY TO "PUD" PLANNED UNIT
DEVELO~" FOR A MIXED COMMERCIAL LAND USE DEVELOPMENT STRATEGY IN
A PROJECT TITLED \VILLOW PARK FOR PROPERTY LOCATED ON TIlE EAST SIDE OF
AIRPORT-PULLING ROAD SOUTH OF LONE OAK BOULEVARD AND IMMEDIATELY
CONTIGUOUS PROPERTY KNOWN AS PRINCESS PARK. IN SECTION 1, TOWNSHIP 49
SOU'I'a RANGE 2S EAST, COLLIER COUNTY, FLORIDA, CONTAINING 11.35 ACRES, MORE
OR LESS.
. OBJECJ'IVE:
This petition seeks to have certain property as herein described rezoned from its cmrent zoning
e1assi1ication of ftCF' Community Facility to a commercial "PUD" Planned Unit Development. The
property contains 11.36 acres more or less.
t.
CONSIDERATIONS:
The property which is subject of this petition lies on the east side of Airport Road immediately
contiguous King Richard amusement park on its north side. The property is currently used as a golf
driving range.
The proposed Willow Park PUD describes a commercial development strategy that would provide for
the development of general commercial1and uses on the property fronting AJrport Road and office and
service uses on the interior street.
The property is located within the urban residentially designated area. This petition is submined on the
hues that it meets the criteria for the proposed ERA ba~ed "office and in-fill commercial~ :ubdistrict.
The criteria is as follows:
a.
The subject site abuts a road as an arterial or collector as identified on the Five Year Future
Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element.
b.
The site utilized for commercial use is 12 acres or less in me, and the balance of the property
in excess of 12 acres, if any, is limited to an environmental conservation easement or open
space;
t
c.
The site abuts commercial zoning:
(i) on one side and non-cornmercial zoning on the other side; or,
(ii) on both sides;
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The depth of the req~d commercial does not exceed the depth of the abutting commercial
parcel(s);
e.
Project uses are limited to office or low intensity commercial, except for land abutting
commercial zoning on both sides, as provided for in 0 above; the project uses may include
those of the highest intensity abutting commercial zoning district;
f.
The parcel in question was not created to take advantage of this provision and was created
prior to the adoption of this provision in the Growth Ma"agement Plan.
g.
h.
At time of development, the project will be served by central public water and sewer; and
The project will be compatible with existing land uses and pennitted future land uses on
surroWlding properties.
This particular EAR amendment is cUlTently tied up in the batcb fonnat for which EAR amendments
are submitted, even though the record indicates there is no DCA objection to this particular
amendment. The petitioner is faced with an issue that makes it desirable for them to close on the
acquisition of the property, and are prepared to commit to either defer any development until after the
amendment is approved, or proceed to develop tbe property with office uses limited to twenty-five
thousand (25,000) square feet as is currently allowed by the FLUE for in-fil) commercial.
As structured by the PUD the land uses are deemed consistent with the use emphasis described above.
Other applicable consistency evaluation ad\'ised that if approved this petition would be found
consistent with all applicable elements of the GMP except as othernise described relative to current
GMP FLUE amendments.
Evaluation for a finding of consistency with the criteria for rezones and PUD rezoning actions in
particular support a recommendation to approve this petition.
The property lies contiguous to a commercial recreational land use in which activities extend into the
evening hours which would have an adverse effect on adjoining property and would deter any
residential development of said contiguous property. While the subject land lies adjacent to a multi-
family development on its east boundary, nevertheless, the PUD Master Plan introduces an open space
separation that will mitigate the impact from any non-residential type of development on the subject
property. An assessment of the development strategy rests firmly on a conclusion that it is compatible
with adjacent development.
The Collier County Planning Commission reviewed this petition on December 18, 1997 and
unanimously (7 to 0) recommended its approval to the Board of Commissioners as described by the
PUD regulatory document and Master Plan attached to the Ordinance of adoption.
t
No communications were received in opposition to this petition nor were any presentations made to the
cepc in opposition to the approval of this petition. N:~~
2
JUN 0 9 1998
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J"'.''nus petition by and of itself will have no fiscal impact on the County. However, if this amendment
, '. ac~e\'eS. i~ objecti.ve, the land will be developed. The mere fact that new development bas been
i;\F:(~,~l\.,~:.1n a ~ r_ impDcton County pub1i~J~iUties.Thc County collects im~
;i:~.,::~~r~~oi~to:-_.~ofbUi1dii1a permitS to help oft'-Mt tbe'h~ of each new developnlClil:on
f~' .~, ~i!c ~taei1ities~ /rbete impact fees are used to fund project in the Capital Improvement Element
i}~A.~',-.~Jo.:~Aift. adopted ,levels of service for publk facili~. In the event that impact f~ .
~\~',~r;;~llf#ti~ ~~tomaititdD 1cIOpted levels of service. die ,County must provide tuppl~.
~~r~;{.~J\inaS'fk,in 'Oth& mem.: soutCa'in Order to build ~ facilities.
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,. '(;ROWTHMANAGEMENT IMPACT:
't;. f~(J1' "c.:':~i~l) ! "". .
- ~., , .. ~. ~ deScrlbed ~ the Jand uses and intensity of development of the subject property were deemed to
.," , ':be"cOIisiitenf.wi~ the FLUE to the GMP. Other related consistency reviews were also found to be
. -' . I '.~~ ~:. of the way in wtdch. development conditions were addressed. and the sl1~
.-~':,,; ::~Ied for regUlating the manner of development. . . ,
....;,.:
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In view of the consistency findings staff finds that there is no negative or other adverse impact resulting
from the adoption of this petition.
;.'.,
Development pennitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 9()..24 at the earliest or next to occur of
. either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
mSTORlC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner'~ property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historicall Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommend approval of Petition No. PUD-97-1 S, with the
understanding that development will be consistent with provisions of the FLUE at the time of
development and as described by the draft ordinance of adoption end exhibits thereto (i.e. PUD
document and master plan) and made a part of this executive summary submission.
.
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No.
3
JUN 0 9 1998
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';"'-;' ~DEV. AND ENVIRONMENTAL SVCS.
PUD-97.15 EX SUMMARYImd
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AGENDA ITEM 7-G
~MORANDUl\f
TO:
() ~j ;.111-/
NING COMMISSION
FROM:
.ffiNT SERVICES DMSION
DATE:
NOVEMBER 25, 1997
RE:
PETITION NO:
PUD-97-15, WILLOW PARK
OWNER/AGENT:
Agent:
Mr. Blair Foley, P.E.
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, Florida 34104
Contract Purchaser:
Mr. George Vukobratovich, Trustee
Welsch Companies
2400 9d1 Street North, Suite 203
Naples, Florida 34103
Owner:
Gulf Coast Golf, Inc.
clo Ronald E. Sunyog
4505 Beechwood Lake Drive North
Naples, Florida 34112
.
<~.
REOUESTED ACTION:
This petition seeks to have certain property as herein described rezoned from its current zoning
classification of "CF" Community Facility to a commercial "PUD" Planned Unit Development. The
property contains 11.36 acres more or less.
GEOGRAPHIC LOCATION:
The property which is the subject of this petition lies on the east side of Airport Road immediately
contiguous King Richard amusement park on its north side. The property is currently used as a golf
driving range (See location map following page).
PURPOSElDESCRlPTION OF PROJECT:
The proposed Willow Park PUD describes a commercial development strategy that would provide for
the development of general commercial land uses on the property fronting Airport
uses on the interior street.
JUN 0 9 1998
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mBB01J.NDjNG LArlD USE ~ ZQNING:
Existing:
The subject property is currently used as a golf
driving range and golf practice facilities and
accessory service shop. The property is zoned
"eF" Community Facility which authorizes
institutional and semi-public uses, schools, care
facilities, fraternal organi7~tions, parks and
playgrounds. The current use is a conditionally
authorized use in the "eF- district.
Surrounding:
North-
The land to the north is developed as a
commercial recreational facility and miniature
golf course. The property is zoned "PUD"
Princess Park. The PUD authorizes recreational
activities for such uses as miniature golf course,
mini-car trac~ bumper boat pond and the like.
East -
To the east lies a multi-family residential
development which is part of the Lone Oak
(Walden Woods) PUD.
South -
To the south lies the Temple Citrus Groves and
their citrus produce sales center located on
Airport Road. The property is zoned" A" Rural
Agricultural.
West -
To the west lies the Airport Canal and Airport
ROW. Opposite the site or the west side of
Airport Road is developed with multi-family
housing (Arbor Walk).
GROWTH MANAGEMENT PLAN CONSISTENCY:
An evaluation of applicable relationships "ith elements of the Growth Management Plan (G}l,1p) are
as follows:
~. The property is located within the urban residentially designated area. This petition is
submitted on the bases that it meets the criteria for the "office and in-fill commercial" subdistrict.
The criteria is as follows:
a.
The subject site abuts a road as an arterial or collector as identified on the Five Year
Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element.
The site utilized for commercial use is 12 acres or less in size. and the balance of the
property in excess of 12 acres, if any, is limited to an enviromnental conservation
easement or open space;
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b.
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JUN 0 9 1998
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c. The site abuts commercial zoning:
(i) on one side and non-commercial zoning on the other side; or. .
(ii) on both sides;
d. The depth of the requested commercial does not exceed the depth of the abutting
commercial parcel (s);
e. Project uses are limited to office or low intensity commercial. except for land abutting
commercial zoning on both sides, as provided for in (c) above; the project uses may
include those of the highest intensity abutting commercial zoning district;
f. The parcel in question was not created to take advantage of this provision and was
created prior to the adoption of this provision in the Growth Management Plan.
g. At time of development, the project will be served by central public water and sewer;
and
h. The project \\ill be compatible with existing land uses and permitted future land uses
on surrounding properties.
A detcnnination of consistency with the intent of this district depends on one's evaluation of low
intensity commercial. In the opinion of staff this type of commercial district should not provide for
the type of traditional retailing activities that one would nonnally expect in an activity center and/or
traditional neighborhood center. Land uses which are characterized by the constant movement of
vehicular traffic to and from the land use will have a deleterious effect on Airport Road and, therefor
should be discouraged in the context of in-fill or commercial under criteria sites, particularly on the
tracts frdnting Airport Road.
This petition is basically consistent with the FLUE.
.
TCE - The proposed rezone will generate approximately 1,673 trips on an average weekday (AADn
and 270 Peak Hour (AM) trips. Based on this data. the site generated traffic will not exceed the
significance test standard (5 percent of the LOS "C" design volume) on CR-31 after trip assignments
are made_ In addition. this petition will not lower the level of service below any adopted LOS "0"
standard within the project's radius of development influence (RDI). Therefore. the project is
consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists this segment of CR-31 as a':' lane arterial road fronting the project. The current traffic
count for this segment is 33,608 AADT and is operating at LOS "B". It should re noted that this road
segment is projected to be deficient by 1999. However, this segment is scheduled to be improved to
six lanes by 1998. As a result this road segment will meet the adopted LOS standard at that time.
Since this site generated trips do not exceed the significance test on any County road, this petition
complies with Policy 1.3 of the TCE.
Recreation and Open Space - This element has application only with respect to policies relative to
enhancing the amount of open space on a project by project bases as required by provisions of the
Land Development Code. The LOC requires mixed use projects to provide thirty (30) percent of its
area to be allocated for purposes qualifying as open space. It is not always possible to discern this on
projects which do not have jurisdictional wetlands (Le. preserves) identified on the M .r.lan.as in--..
this petition. Nevertheless, general provision statements require complianc wi~;:'~l~
provisions of the LDC where the PUD lacks the definition to show consistency .th "o~JMoI :
3 JUN 0 9 lS~B
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preservation or ennancemenl Jeatures. 1 tus proVIsion 10 such cases IS a pan ot tile revlcw at
subsequent development approval actions such as platting or site development applications.
The provision of recreation services is generally a County responsibility which is given geographic
specificity on the bases of identified needs, and available monies from impact fees.
Conservation an4 Coastal Managemen( element - Provisions contained within the development
commitments section of the PUD ensure that the CCME policies will be achiC\'ed at the time of
subsequent development approval actions.
Water. Sewer and Stonn Water Management - The subject property is served by the County's sewer
system and water system. The project will be designed according to LDC requirements for stonn
water management During the site development plan approval process the project will be required to
be consistent with all relevant provisions of the LOC.
mSTORIC/ARCIjAEOLOGICAL 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.
EV ALUA nON FOR ENVIRONMENTAL. TRANSPORT A nON AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Department stafT. This
petition was administratively reviewed on behalf of the EAB. Recommendations of jurisdictional
staff are included in the development commitments section of the PUD.
ANALYSIS:
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 impact of the proposed land use change, be they positive or negative.
culminating in a staff recommendation based on that comprehensive overview. The Iiste!t criteria are
specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff
evaluation and comment. and shalt 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 criteria not~ and are
categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is
followed by a summary conclusion culminating in a determination of compliance, non-compJiance,
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
by appointed and elected decision makers. The evaluation by professional staff
include an analysis of the petition's relationship to the community's future use pI
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not a rezoning action would be consistent with the Collier County Growth Management Plan and aJl
of its related elements. Other evaluation conside...,tions should include an assessment of adequacy of
transportation. infrastructure (i.e., sewer, water, stonn drainage and private utilities and other
infrastructure (i.e., community facilities and services) and compatibility with adjacent land uses, a .
consideration usuaUy dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses.
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 relationship of the
proposed zoning action to the Future Land Use element of the Collier County Growth Management
Plan. By virtue of its FLUE relationship the land may be rezoned in a mamer which permits offices
and low intensity commercial pursuant to commercial in-fin and sub-district criteria.
The property lies contiguous to a commercial recreational land use in which activities extend into the
evening hours which would have an adverse effect on adjoining property and would deter any
residential development of said contiguous property. While the subject land lies adjacent to a multi-
family development on its east boundary, nevertheless, the Pt.'!) Master Plan introduces an open
space separation that ""ill mitigate the impact from any non-residential type of development on the
subject property. An assessment of the development strategy rests firmly on a conclusion that it is
compatible with adjacent develo;Jment.
Development of this property is timely given surrounding development cl:1aracteristics and
commitments, and is consistent with planning theories in support of maximizing the use of urban
infrastructure.
Traffic - As indicated above approval of this petition would be consistent with GMP traffic policies,
and in particular the 5% significant impact test.
.
All properties will be accessed by an internal street which in turn interfaces with Airport Road. Said
interface will provide for appropriate turning lanes. The PUD contains appropriate transportation
stipulations that will assure that this land when developed ""ill be consistent with the County's Access
Management Plan and traffic management policies.
Utilitv Infrastructure (i.e. Sewer. Water Storm Water - Development occurring at this property will
be connected to the County's sewer and water distribution system, evidence which furt.ller attests to
the timeliness of development of property. All development must comply with surface water
management requirements invoked at the time of subdividing or for approval of SOP's whichever first
occurs.
Communi tv Services Support Facilities - Both flTe, police and other emergency services can be
readily provided from the appropriate provider jurisdiction.
All of the development lots are accessed from an internal street, therefore, limitin
movement on Airport Road. A water management lake is located on the east
5
Master Plan and PUD Development Standards -
Master Plan: The master plan illustrates Land Development Code requirements relative to landscape
buffers and water management and is otherwise subject to all applicable provisions of the LDC.
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providing a buffer/open space separation between non-residential development and residential
development.
DeveIOJm1ent Stau<JArdt: Development standards are similar to those of conventional commercial
zoning districts (i.e. C-3). General provisions in this PUD provide that when it is not otherwise silent
as to applicable regulations that those of the LDC apply. Under this rubric standards as required by
the LDC at the time of subsequent development order approvals will apply. By virtue of its
additional separation by the Airport Canal. development on the subject property next to the canal
nearest Airport Road should have a reduced level of visual impact.
STAFF RECOMMENDA nON:
That the Collier County Planning Commission recommend approval of Petition No. PUD-97-1S, as
. by the draft ordinance of adoption and exhibits thereto (i.e. PUD document and master
\d-4k-~1
DATE
REVIEWED BY:
v~<--
ROBERT J. MULHERE, AlCP
CURRENT PLANNING MANAGER
~~~~~\\
DONAlD W. ARNOLD, AlCP -
Pl G SERVICES ~TMENT DIRECTOR
4.~
CENT A. CAUTERO, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENfAL SVCS.
12--0J-S?-
DATE
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DA TE
/(;"-i-CJ7
DATE
Petition Number PUD-97-1S
Staff Report for the December 18, 1997 CCPC meeting.
COLLIER COUNTY ~0MM1SSI0N:
~~--wh
MICHAEL A. DAVIS, CHAIRMAN
PUD-97-15 STAFF REPORT/pd
.te'"1:it $~
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FINDINGS FOR PUD
PUD-97-15
.
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of tbe area for tbe type and pattern of development proposed in
reladon to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
FludtD~: 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
~ith 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. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the Growth Management Plan.
2.
Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or otber instruments, or for amendments in those proposed, particularly
as they ma}' relate to arrangements or provisions to be made for the condnamg
operation and maintenance of sucb areas and facilities tbat are not to be provided or
maintained at public expense.
.
Findin2: Documents submitted with the application provide evidence of unified
control. The pun document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of tbe proposed Planned Unit Development with tbe goals, objectives
and policies of the Growth Management Plan.
Findin2: The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
4. The internal and external compatibilit). of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
bnffering and screening requirements.
Flndin2: The PUD Master Plan has been designed to optImIze internal land use
relationships. Specific projects are required to provide buffering between projects. This
will enhance internal compatibility. External relationships are automat'
the Land Development Code to assure hannonious relationships betwe
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The adequacy of usable opeD space area. In existence aDd as proposed to lerve the
development.
Flndlne: The amount of open space set aside by this project will be made consistent
with provisions of the Land Development Code at the time of subsequent pcnnitting
approvals..
6. ne timiD& or sequence of development for the purpose of ASsuriDI tbe adequacy of
available ImprovemeDts and facUities, both public aDd private.
Findlne: Timing or sequence of development in light of concurrency requirements is
not a significant problem. Its urban location in an area of intense development gives us
assurance that a highly developed system of urban infrastructure is in place.
7. The ability of tbe subject property and of surrouDding areas to accommodate
explDsloD.
F1Ddln2: The property now lies in the middle of intense urban development which is an
indication that its timing for development is now ripe. This is further enhanced by its
excellent access to the County's arterial highway system. These two conditions support
the ability of this property to accommodate development.
8.
Conformity wltb POO regulations, or as to desirable modifications of lucb
regulationl ID the particular case, based on determiDatioD that sucb modificatioDs
are Justified as meetiDg public purposes to a degree at least equivalent to literal
appllcatioD of such regulatioDs.
FiDdiDe: The PUD has been designed in a manner consistent with current development
standards as they apply to commercial and residential zoning districts. These together
with requirement to comply with applicable provisions of the LDC all serve to achieve
the public purpose of these regulations.
PUD FINDINGS PUD-97.ISlmd
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REZONE FINDINGS
PETITION PUD-97-IS
.
Section 2.7.2.5. of the Collier COWlty 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. "'bether the proposed chlnge will be consistent with the goals, objectives, and
poUdes and Future Lind Use map Ind the elements of the Growth Management
PIa;
Pro/COD: Evaluation not applicable.
Sammary Flndincs: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. This consistency analysis is addressed at length in the staff
report.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
.
2.
The existing land ase pattern;
Pro/Con: Evaluation not applicable.
Existing:
The subject property is currently used as a golf
driving range and golf practice facilities and
accessory service shop. The property is zoned "CF"
Community Facility which authorized institutional
and semi-public uses, schools, care facilities,
fraternal organizations, parks and playgrounds. The
current use is a conditionally authorized use in the
"CF" district.
Surrounding:
North -
The land to the north is developed as a commercial
recreational facility and miniature golf course. The
property is zoned "PUD" Princess Park. The PUD
authorizes a recreational activities for a fee such as
miniature golf course, mini-car tract, bumper boat
pond and the like.
East - To the east lies a
development which is
(Walden Woods) PUD.
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South -
To the south lies the Temple Citrus Groves and
their citrus produce sales center located on Airport
Road. The property is zoned " A" Rural
Agricultural.
"..
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West -
To the west lies the Airport Canal and Airport
ROW. Opposite the site or the west side of Airport
Road is developed with multi-family housing
(Arbor Walk).
3. The possible creation of an Isolated district unrelated to adjacent aDd nearby
districts;
Pro/Con: Evaluation not applicable.
Summary Flndln,,: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because development of the land simply
implements a part of the GMP FLUE Urban Designation, an action wIDch is c:xpectecI
given that timing is appropriate. Availability of adequate ,in~ Dalby arbaa
developmen~ support the timing relationship and justify the rc:zoning action..
4.
Whether existing district boundaries are UlogicaDy drawa ia rdadoa to n...
conditions on the property proposed for cbange;
Pro/Con: Evaluation not applicable.
Summary Flndines: The district boundaries are logically d.rav.n and is the result of
rezoning actions made permissible under the FLUE to the GMP.
S. Whether changed or chanKing conditions make the passage of the proposed
amendment necessary;
Pro/Con: Evaluation not applicable.
Summary Findinls: The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one and therefore supports the action to rezone for the
land strategy contained within the PUD.
6. Whether the proposed change wiD adversely influence living conditions In the
neighborhood;
lm:. (i)
The cqrrent use (Le. golf driving range) and potential "
fratemallodge) is not measurably any different in terms of
impact than the proposed office type uses.
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(ii) The water management facility provides a separation between multi- .
family residential development to the east that should mitigate any impact.
Con: (i)
None.
Summary FindiDes: The proposed change 'oJ.ill not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments. Additionally, the
degree to which this project differs from currently authorized uses should not measurably
change potential impacts.
7. Whether the proposed change "ill create or excessively increase traffic congesdon
or create t)-pes of traffic deemed incompatible "ith surrounding land uses, because
of peak volumes or projected t)-pes of vehicular traffi~ inc:luding activity during
construction phases of the de\'elopmen~ or otherwise affect public safety;
The property will access directly to Airport Road, a four lane median
divided highway now operating at a LOS which is convenient to the
motoring public
(ii) Analysis finds approval to be consistent with the Traffic Circulation .
Element.
Pro: (i)
Con: (i)
Unless improvements are made in a timely manner, urban intensification
and expansion deteriorates LOS conditions on major roads which
inconvenience the motoring public.
Summary Findin2s: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and was found
consistent, which is a statement advising that this project when developed will not
excessively increase traffic congestion. Additionally certain traffic management system
improvements are required as a condition of approval (i.e. turn lanes, traffic signals,
dedications, etc.). In the final analysis all projects are subject to the Concurrency
Management system.
8. Whether tbe proposed cbange will create a drainage problem;
fnu (i)
Qmi (i)
the project design for storm water management control is required by
Code to attain the normal rainfall event or annual conditions as
represented by its lake storm water retention facility and drainage swales.
3
Urban intensification has potential to create shon term dra'
under unusual rainfall conditions.
JUN 0 9 1998
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Summar\' Findin~s: 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 tbe proposed cbange will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summar\' Findin~s: 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.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas. In this
particular project heights are similar or less than those allowed for contiguous properties.
10. \Vbetber the proposed change will adversely affect property values in the adjacent
area;
Pro: (i)
Adjacent properties are already zoned for optimum usage on the north and
east sides while the land use proposed for this development is similar to
existing potential uses and should have no effect on abutting property
values.
Con: (i)
None.
Summan' Findines: This is a subjective detennination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value detennination by law is driven by market
value. The mere fact that a property is given a new zoning designation mayor may not
affect value. It should be noted however that the development strategy proposed in part
for the subject property is similar to adjoining land.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance "ith existing regulations;
Pro/Con: Evaluation not applicable.
Summar\' Findin2s: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound app1iC2ti~'~~;El
combined with the administrative site development plan approval loces!t; ~)
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4 JUN 0 9 1998
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reasonable assurance that a change in zoning will not result In a deterrence to .
improvement or development of adjacent property.
12. Whether tbe proposed cbange will constitute a grant of special privilege to an
individual o'Vtller as contrasting v.itb tbe public welfare;
fro/Con: Evaluation not applicable.
Summa" Flndln2-s: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13. Whetber tbere are substantial reasons wb)' tbe propert). cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summan' Flndines: The subject property is zoned "CF" Community Facility district,
however the opportunity to rezone the property is provided by law.
14. Whether the change suggested Is out of scale with tbe needs of the neighborhood or .
tbe County;
Pro/Con: Evaluation not applicable.
Summa" Flndin!!s: The proposed development complies ",,;th the Gro.....th
Management Plan, a policy statement which has evaluated the scale. density and intensity
ofland uses deemed to be acceptable for this site.
IS. Whetber is it impossible to find otber adequate sites in tbe Count)' for tbe proposed
use in districts already permitting sucb use;
Pro/Con: Evaluation not applicable.
Summa" Findines: Whether or not there are other similarly zoned residential areas is
irrelevant.
16. The pbyslcal cbaracteristlcs of tbe property and tbe degree of site alteration wblch
would be required to make tbe propert). usable for any of tbe range of potential uses
under the proposed zoning classification;
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Pro/Con: Evaluation not applicable.
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Summary flndQJes: The site will be altered to the extent necessary to execute the
development strategy.
17. De Impact of development OD tbe availability of adequate pubUc facWdes ad
servlea consistent with the levels or service adopted In the Collier COUDty Growtla
MaD.cemeDt Pin aDd II defined and Implemented througb the CoWer Co..ty
Adequate PubUc Facl1ltJes Ordlaance, as amended;
ProICOD: Evaluation not applicable.
Summ-ry FladlDp: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with G:MP established relationships.
NOTE:
QMf as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element of the GMP.
REZONE FINDINGS PUD.97.1SImd
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6
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PETITION NUMBER
DATE
t'" ~~ '~'l.."lt. ..ro .
APPLICATION FOR PUBLIC HEARING ~':""t r; l.~~;:: ~ ~ t,;
.EQ.&
STANDARD REZONE AND CONDITIONAl. USE RECUESTS eeT 1 0 1997
PLANNED UNIT DEVELOPMENT REOUESTS
COMMUNITY DEVELOPMENT DIVISION p~ ~~
CURRENT PLANNING
1.
Name of Applicant(s)
Georqe VUkobratovich, Welsh O:rnpanies
Applicant I S Mailing Address 2400 9th Street North, suite 202
City
Naoles
State
Florida
Zip
34103
Applicant's Telephone Number: Res.:
N/A
Bus. : 261-4744
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.
(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 entity, so indicate and name
principals below.
(d) If applicant is an owner, indicate exactly as
recorded, and list all other owners, if any.
(e) If applicant is a lessee, attach copy of lease, and
indicate actual owners if not indicated on the lease.
x
(f) If applicant is a contract purchaser, attach copy of
contract, and indicate actual owner(s) name and address
below.
Gllf Coast Golf, Inc., c/o R::mald E. SUnycx;r, 4505 Beec~ lake Drive Nort~,
Naples, Florida 34112
(If space is inadequate, attach on separate page.)
2.
Name of Agent
Blair A. Foley, P..E. Firm (bastal Engineering O:msultants, Inc.
Agent's Mailing Address
3106 S. Horseshoe Drive
City
Naples
State
Florida
N/A
Bus. :
Zip 34104
941-643- 324 ..:<..
Telephone Number: Res.:
JUN 0 9 1998
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3. DETAILED LEGAL DESCRIPTION OF 7HE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If
request involves change to more than one zoning district, include
eeparate legal description for property involved in each district.
f property is odd-shaped, submit four (4) copies of survey (1" to
400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION 1 TOWNSHIP 49S RANGE 25E
'!he SOlth 1/2 of the south 1/2 of the sa.1t:1'1o,1est 1/4 of the SOJ~st
1/4 of SectiCX'l 1, Township 49 South, RarY:1e 25 East, less the west 100 feet for road
right-of--way purposes.
4.
Size of property 1,253 +/- ft. X 395 +1-
ft.
Acres 11.36
s. Address or location of subject property
Section 1, directly So.Jth of Princess 1?ark.
Sout:b~st corner of
..
7.
Existing land elevation 11.0 +/- County Flood Criteria Zone "X"
a. Date subject property acquired ( ) or leased ( ):
Term of lease yrs./mos.
E1evati
b.
If, Petitioner has option to buy, indicate date of 4/15/98
option:
8. 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
9. THIS APPLICATION IS INTENDED TO COVER: (Check which type of
petition your are requesting) :
X A. REZONING: PRESENT ZONING CF REQUESTED ZONING :CUD
FOR cam-ercia1 SUlxiivisioo
B. CONDITIONAL USE
OF
ZONING FOR
10.
REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional
sheets if necessary) :
.
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JUN 0 9 1998
pg.~1
'.11. _ _.~.~_ __ ___:_ '.' 'f~ . __.1/....:1
'.-:::.
11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS?
Yes ...JL...No
:F YES, PROVIDE COPY OF THE DEED RESTICTIONS.
.
12. :S THIS REQUEST A RESULT OF A VIOLATION?
WHOM WAS THE NOTICE SERVED?
13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAME? NO
NO
IF SO, TO
14 . ARE THERE EXISTING STRUCTURES ON THE PROPERTY? YF_t;
CBS X , FRAME , MOBILE HOME , OTHER
TYPE:
AFFIDAVIT
I, George Vllkobratovich being first duly sworn,
depose and say that I am the~ ~~~~property described
herein and which is the subjec~~Matter of the proposed hearing;
that all the answers to the questions in this application, and all
sketches, data, and other supplementary matter attached to and
made a part of this application, are honest and true to the best
of my knowledge and belief. I understand this application must be
completed and accurate before a hearing can be advertised. I
fur~her permit the undersigned to act as my representative in any
mat .ers rt.9~r~in9 this Petition.
OF~
C~"r'4c.r f..,f..L....~r
.
SIGNATURE
ENT
State of Florida
County of Collier
c!f1 The fore
day of
is persona1ly
ication wes ac~owledge~before me this
, 1997 by G~l f.!:&t.chrA.Jo".-cA, who
to me or who has produ ed
as identification and who did (did not)
take an oach.
(Print Name of
NOTARY PUBLI C
Serial/Commission #
My Commission Expires:
N~~
JUN 0 9 1998
SEAL
REZONE APPLICATION/md/1074
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-,.,' ,.:COASTAL
~~; ~ ."~ENGINEERING
.~_~ CONSULTANTS
~_. INC
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COOSTaI tn~4t"-;:
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December I, 1997
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Mr. Ron N'mo
CoUier;County Cotnmllnity Development &. Environmental Services
'.. 2800 N:'Honeshoe Drive
. Napi~ Florida 34104
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. RE:, ,wmow Park
Bayer/Seller Information
CEC Fde No. 97.388
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Dear Ron:
Per your request. the buyer/seller information for Willow Park is as follows:
J-. ;'
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Buver
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A Trust consisting of one member, t-.1r. George Vukobratovich. as Trustee, c/o Welsh
Companies, 2400 9th Street North, Suite 101, Naples, Florida 34) 03
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A corporation. Gulf Coast Golf, Inc., consisting of two equal partners, Mr. Ron Sunyog
and Mrs. Martha Sunyog. 4505 Beechwood Lake Drive North. Naples, Florida 341 ] 2
If you require further information, please call me.
Sincerely,
,.
H
COASTAL ENGINEERING CONSULTANTS, INC.
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Gregory D. Jeppesen, E.I,
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3106 S HO~ESHO~ D~'Vt. NAPLES ~lOr.:'DA 3A1Clt1. (Of.': M3.232A. FAX (0.11) 643-1143
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SRlE RGREEMENT
THIS AGREEMENT is between GULF CORST GOLF, INC.. a F10rida corp:>ration. having a
notICe addreSS at clo AonaId E. Sunyog. 4505 Beechwood lake Drive North. Naples. Florida 34112 (the
"SeIef"), and GEORGE UUKOBRRTOU I CH, RS TRUSTEE. having a notice address at clo Welsh
CompanieS S.E., Inc., 2400 Ninth Street North, Suite 101. Naples. Florida 34103 (tne "Buyer;.
WITNESSETH:
1. Sale of land. The Sener agees to sell and the Buyer agrees to purchase on the terms hereafter
stated aI of the Seller's rIglt. tiUe and Interest In and to all of the land sltuatoo In Collier County, Florida.
descrbed as (hereafter caJled the "Landj:
The South 112 of the South 112 of the Southwest 1/4 of the Southwest
114 of Section 1, TOWMhlp 49 South. Range 25 East. Collier County,
FIorkja. less the West 100 feet for road right-of-way purposes.
The land has some Improvements and Is presentfy used as a g>11 ball driving range, but Is not sold as a
business, or as Improved property. Buyer expects to remove all improvements from the Land.
2. Purchase Price. Subject to the adjustments and prorations hereafter described. the total
purchase price to be paid by the Buyer to the Sener for the purchase of the Land Is the sum of Two Minion
Two Hundred Fifty Thousand and 001100 Dollars (S2.250,000.00). The purchase price will be paid In the
following manner:
2.1 Earnest Monev. The sum of One Hundred Thousand Dollars (S1oo,ooo) in collected
funds (the "Earnest Money Deposltj Is herewith deposited as earnest money with Welsh
Companies S.E.. Inc., of 2400 Ninth Street North, Suite 101. Naples. Florida (the -Escrow
Agenn to be applied against the total purchase price on the Closing Date.
.
2.2 Additional Earnest Money. If any additional earnest moneys are deposited. the Escrow
Agent will hold such deposit(s) according to the terms of this Agreement.
2.3 Cash at Closing. On the CJosJng Date. the Escrow Agent wnt pay all the Earnest Money
Deposit(s) to the Seller by a Cashier's Check from a local bank, and the Buyer wnl pay to the Sener
the Purchase Price. less the Earnest Money Oe~It(s). by a Cashier's Check from a!ocal bank.
3. ~.
3.1 Abstract Within 20 days after the Effective Date. the Seller will provide to Buyer an
abstract of tttle certified through the date of this Sale Ageement (the "Abstracr') showing legal
access and fee simple tftJe to the real property to be In the Sener, and sLbject to the 1st of
Approved 11tJe Exceptions descr1beclln Schedule "A-I" attached as a part hereof. The Buyer
wi1J have 15 days after receipt of the Abstract within which to provkle to Seiler a letter setting forth
all of the Buyer's objections. other than the Approved Title Exceptions. to the Seller's tltle and
access to the property. Title to the Abstract doeS not pass to Buyer until the Closing.
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3.2 Survey. Buyer has thirty (30) days after the Effective Date to obtain and review an -as built
SlSVey- or -boundary survey. - If the survey shows that Seller's Land Is subject to any
encumbrance, encroachment, or projection. not disclosed In the Approved Title Exceptions, the
Buyer may treat su:h fact or matter as a tlUe defect and within that 30 days p-ovk:le a letter to Seller
setting forth an of the Buyer's objections to Seller's access to and title to the Land as shOwn by the
survey. Any survey obtained by Buyer wm be certified to Buyer and Seller, and Buyer will provide
Seller a copy of any sUCh survey within 10 days after it Is received by Buyer. Seller doeS not
requfre Buyer to survey the Land.
3.3 Title Objections. SeDer has thirty (30) days after receipt of such letter to correct the
defect(s) In access, Of title, or both, objected to by the Buyer. If the Seller Is unwining or unable to
correct such defec1(s) within such thirty day per1od, the Buyer wiI have the option tJr 10 days
thereafter to give SeIter wr1tten noti:e that (1) Buyer waives such defect(s) and will dose on the
Closing Date and wfthout reduction of the purchase price, or (2) Buyer terminates this Agreement.
Upon such terminatSon, Buyer win receive a refund of the Earnest Money Deposit. If Buyer does
not give Seller written notSce within that 10 days, Buyer waives such defect(s), and closing will take
place without a reduction of the Purchase Price and on the Closing Date.
4. Land Condition.
4.01 Seller Disclosures Sener discloses that this Land has been used for farming before Seller
acquired it, and Is used by Seller as a ~11 ban driving range.
.
4.02 Buyer Insoections. The Seller agrees that Buyer and Buyer's agents will be permitted for a
period ending on the date 120 days after the Effective Dale, at reasonable times and after
reasonable advance notice to Seller, to enter upon the Land, at Buyer's sole cost and expense.
(1) for tt1e purpose of Inspecting the Land to delennine tf it is free of hazardous materials and/or
suitable for Buyer's needs. and (2) to make such non-<:lestructive physical inspections or tests as
Buyer may elect to make or obtain, including but nollimited to soil, water, engineering and
environmental tests. Buyer hereby agrees to indemnrty and hold harmless Seller from and against
any construction or mechancs' fien C)( claim therefor and any claim, cause of action, lawsuit,
damage, liability, loss. cost or expense (including. without limitation, attorneys' fees) arising out of
any such entry by Buyer or Buyer's agents or out of any such inspections or tests conducted by
Buyer or Buyer's agents. The provisions of the preceding sentence shall survive the termination
of this Agreement or the ClOsing hereunder. Seller does not require Buyer to make these tests.
If for any reason, or no reason, Buyer determines during Ihe 120 day period that Buyer (in his sole
discretion) does not desire to proceed with the transaction, Buyer shaD have the right to tenninate
this Agreement by wrinen notice to Sell9r, in which event tt1e Earnest Money Deposit shall be
retumed to Buyer, except the sum of Two Hundred and NoI1oo Dollars (5200.00) which shall be
disbursed to Seller as a cancellation p-ice (which cancellation price shan constitute Seller's sole
remedy In the event of any su:h tennlnation), and thereupon all further rights and obligations of
the parties shan cease and tenninate without any further liability of either party to the other (except
as otherwise provk1ed In this Ageement). If Buyer fails to provide Seller written notice that Buyer
has eJected to terminate the contract within the 120 day period. such failure shall be conclusively
deemed to be full and complete approval of such matters and a satlsfcction of this condition.
Notwithstanding anything to the contrary contained herein, Seller shall have no obligation to cure
any matter disapproved by Buyer in accordance with this Section 4. If Buyer closes, Buyer shall
.
7/16/97 (v7)
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JUN 0 9 1998
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accept the Property "AS IS" and .SUBJECT TO ALL FAULTS,. and in its concfltiOn on the .
Closing Date, subject only to the express provisions of this Agreement.
4.03. Environmental Knowledoe. The Seller d'1SC1aims Seller is knowledgeable about or is
skIIed in, or has done any -due ditigenCe- ooncemng any chemiCal, material or haZardous
.' sOOstance in, on or under the Land. SeDer has no actual knowledge of any chemical, material or
8tbstanc8, expcl6Ur8 k) which Is proItited.limlted, or regulated by any federal, stat8, county,
regional or local authortty or which, even If not so regulated. Is known to jX)S8 a hazard to the
health and safety of 8tf( persons that now or may hereafter occupy1he Land or property adjacent
thereto, located In, on or under the Land.
5. As-zoning Contingency Period. This Agreement Is expressly conditioned on Buyer obtaining
such changes in the zoning ordinances appncable to the Land as are necessary to anow use of such Land
for assisted IIvIngIfTIe(fcal. or retal Seier wil cooperate wtth Buyer In this applicatiOO. but SeDer Is not
required to spend material amounts of time or money toward this SWl'lCatbn. Buyer shaI appty to Coller
County, Florida for such zoning changes as needed. and shalt pursue the appOcation with dit'.genc:e and In
good faith.
If the application Is denied by action of the County on or before 15 MarCh 1998, the Buyer has the right to
cancel this Agreement within 5 days after that 1Inal action and upon a timely cancellation all sums
deposited by Buyer hereunder shall be refunded to Buyer.
If the application Is not denied or approved by action of the County on or before 15 March 1998 (unless
such date Is extended by proper payment to 15 AprR 1998). this Agreement will terminate and the Earnest
Money Dep:>sit(s) made will be returned to Buyer.
On or before 10 March 1998 Buyer may extend the period of this condition from 15 March 1998 through
15 April 1998 by the payment to Escrow Agent of an extension Earnest Money Deposit in an amount
equal to S50,000.
.
The Buyer cannot extend the zoning contingency beyond 15 April 1998.
An extension Earnest Money Deposit is not timely made until it is received by the Escrow Agent. A zoning
extension Earnest Money DePJsit will be refunded to Buyer or ~id to Seller (according to the terms of the
Agreement if ttle Agreement Is terminated), or credited toward the purchase price (H a closing cx:curs). as
applicable.
Buyer and Seller may in writing otherwise mu\ually extend the cancellation date of this contingency under
terms to be negotlated and agreed upon between the parties if and when such extension Is
contemplated. However, neither party has a duty to otherwise extend the zoning deadline.
If Buyer fails to terminate this Agreement as provided In this section. Buyer's right to cancel this
Agreement terminates and the Earnest Money Dep:>sit(s) shall be subject to the remaining terms of this
Agreement.
6. Adiustments and Prorations. The purchase price of the Land will be disbursed on the Closing
Date based on the adjustments. prorations. and agreements in this ~6 as follows:
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6.1 Prooerty Taxes. Aa real property ad valorem taxes and instanments of special
assessments. If any. t>r the calendar year 1997 and prior years will be paid by the SeJler. All real
property ad valorem taxes and special assessments. If any, whether payable In Installments or not
for the calendar year atter 1997 with respect to the land will be prorated to the Closing Date.
based on the latest available tax rate and assessed valuation using the amount payable during the
month of March. Such proration shall be reprorated upon demand by either party based on the
actual tax bill for the year of dosJng when IsSued.
Closing. The Buyer and the Setter agree that the purchase win be consummated as t>lIows:
7.1 TItJe Transfer. The Seller agrees to convey title to the Land to the Buyer by special
warranty deed on or before the close of business on the Closing Date and. effecttve on the
delivery of such deed by the Seller to the Buyer. beneklaJ ownership anc1 the risk of Joss of the
Land will pass from the Seller to the Buyer.
7.2 Closing Date. This transaction will dose on 15 Aprl11996 (the "Closing Datei, unless the
re-zonlng condition is extended by the Buyer pursuant to ~5. If the re-zoning condition is
extended through 15 April 1998. the Closing date Is also extended to 15 May 1998.
The closing will take place at the offices of Roetzel & Andress, Trianon Center. 850 Pari< Shore
Drive, Third Floor, Naples. Florida 34103. with the exact time and date for closing to be
designated by the Buyer and approved by the SeIJer.
.
7.3 Seller's Instruments. At closing, the Seller will deliver or cause to be delivered to the
Buyer the following items (all documents will be duly executed. witnessed and acknowledged
where required):
7.3.1 Soecial Warranty Deed. A special warranty deed in substantially the form of
Schedule A-2 attached as a part hereof executed by the Seller conveying to the Buyer
fee simple title to the Land. but subject to those facts and matters shown in the Approved
Title Exceptions, any survey, and other such matters as Buyer win accept. The deed will
contain the special trustee ~wers pursuant to ~689.071 F.S.
7.3.2. Affidavit. A "Gap Affidavit" In Slbstantially the t>nn of Schedule A.3 attached as
a part hereof certifying that the Land Is free from claims for mechanics', materialmen's and
laborers' liens. and parties In possession. and a ARPTA Certlficate In substantially the
form of Schedule A-4 containing the representations so no tax withholding Is required.
7.3.3. MortQaQee Estopoel Ce1ificate. At least 10 days prior to the closing date, Seller
shall provide to Buyer a mortgage estoppel certificate from First Unon NatbnaJ Bank of
Florida. former1y known as BancAorida Federal Savings Bank, confinning the amount
required to be paid In order to satisfy and release the Mortgage and UCC-1 Financing
Statement. Seller shan pay that mortgage In full from the closing proceeds
7.3.4. Additional Documents. Such additional documents as might be reasonably
required by the Buyer to consummate the sale of the Land to the Buyer.
7.4 Buyer's Payments and Instruments. At closing, the Buyer will cause the Escrow Agent to
deliver the Earnest Money De~sit(s) to Seller, and the Buyer will deliver to the Sener the balance
.
7/16197 (v.7)
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Of the Purchase Price, and such additional documents as might be reasonably required by the .
Seller to consummate the sale of the Land to the Buyer.
7.5 ~. The Sener will pay the following costs: the SeIler's attorney's fees, the initial
abstract cost. the cost of an documentary stamps to be affixed to the deed. and the brokerage
commission as set forth In ~10.4 hereof. The Buyer witl pay al the olher costs of closing which
Include the following costs: the Buyer's attorney's fees, the costs of all tests, due diligence,
zoning work, and certf1lcatlons required, any survey prepared for Buyer, the costs of recording the
deed conveying title to the Land to the Buyer, an costs of any InsUMionalloan secured by Buyer,
and the premium expense of any porcy of title Insurance.
8. Possession. Possession of the Land will be delivered to the Buyer on the Closing Date free from
parties claiming rights to possession of the Land, but with the present structures stlO in place. The Seller
may remove all business fixtures and tangtble personal property.
9. Default. Remedy. If either party fails to perform such party's obligati:>ns hereunder (except as
excused by the other's default. or by another provision of this Agreement) the party claiming default will
make written demand (and r;jve written notice thereof) for performance.
If the Seller failS to comply with such written demand within ten (10) days after receipt lhereof, the Buyer
win have the mutually exclusive election to waive such default, sue for damages, sue for speciflc
performance with damages, or terminate this Agreement and, on such election to terminate, the Earnest
Money Deposit(s) will be returned to the Buyer. The foregoing are Buyer's exclusive remedies. Buyer
shall give Seller written notice of the election he makes within 10 days after the 10 day cure period
expires, or the Buyer is deemed to have eJected to waive such default. If the Buyer elects to sue for
damages or specific performance. or both, because of the Seller's default, Buyer agrees that the action .
must be brought within 90 days after the written notice of default is given or it is and will thereafter be
barred and waived by the Buyer.
I f the Buyer fans to comply with such written demand within ten (10) days after receipt thereof, the Sener
will have the mutually exclusive election to waive such default, or to terminate this Agreement and, on
such termination, the Seller will be paid the Eamest Money Deposit(s) together with all accrued interest
thereon as rlQuiclated damages arising from such default as Seller's sole remedy. Seller shall gve Buyer
written notee of the election It makes within 10 days after the 10 day cure period expires. or Seller is
deemed to have terminated this Agreement. The parties agee this amount is not a penaJty, Is reasonable
in amount, and is agreed upon because of the difficulty of ascertaining the damages to Seller.
On such retum or payment of the Earnest Money Deposlt(s), the parties will be discharged from MY
further obligations and liabilities hereunder.
10. ~isce"aneous. It Is further agreed as follows:
1 0.1 Iim.e. Time Is of the essence of this Agreement.
1 0.2 ~. All notices required hereunder will be In writing and served by certified mail, return
receipt requested. postage prepaid. at the addresses shown above. until notification of a change
of such address.
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10.3 Survival. An representations and warranties of the Seller ard the Buyer contained in this
Agreement will terminate on and as of the Closing Date and wnl not survive the closing of this
transaction, except for the warranties of title of the Sener expressed in documents dellvered at
clOSJng, the agreement regarding brokerage fees set forth at paragraph 10.4, and the Sener's
warranty of no Envtronmental Knowledge as set forth In ~.03. The provisions of paragraph 9,
nmltlng the remedies Of the Buyer ard the Seller will not apply to any actbn brought by either party
after the ClosIng Date to enforce any covenant Of representation described In this ~10.3.
10.4 Brokerage. The Buyer represents to the Seller that the sale hereby contemplated was
brought abOut by the efforts of Welsh Companies S.E., Inc., and that the Buyer has dealt with no
other broker In connection with the Land. The Seller agrees to pay a brokerage commission to the
rlStIng broker, Carroll & CatTon, of 5"'0 of the Purchase Price, ft, as ard when the transaction closes
am an cash ls received, wl1hout suit The Sener agrees that upon a wrttten directSon from carron &
Carrol the SeDer wB1 pay the commission 112 to CarroD & Carron and 112 to Welsh Companies S.E.
Inc. The Buyer agrees to hold the Seller harmless from any claim br real estate brokerage
commissions asserted by any other party as a result of dealings with the Buyer. The Sener
represents to the Buyer that the Seller has dealt with no other brokers In connection with the sale
of the Land. The Seller agrees to hold the Buyer harmless from any claim for real estate brokerage
commissions asserted by any other party as a result of deanngs with the Seller.
10.5 Entire AQreement. This Instrument constitutes the entire agreement between the Buyer
and the Seller and there are no agreements, understandings, warranties or representations
between the Buyer and the Seller except as set forth herein. This Agreement cannot be
amended except In writing executed by the Buyer and the Seller.
10.6 Binding Effect. This Agreement will inure to the benefit of and bind the respective
successors and permitted assigns of the parties hereto.
10.7 Expiration. This Agreement has been executed by the parties on the dates set forth
below their respective signatures. It Is understood that the obligation of the Buyer under this
Agreement will terminate on the date five (5) business days after the date of the Buyer's
execution of this Agreement unless the Seller shall have duly executed and returned a copy of
this Agreement to the Buyer prior to such date.
10.8 Assignment. The rights of a party under this Agreement can be assig'led in whole or in
part. However such assiglment shall not release a party from liability hereunder.
10.9 Effective Date. The effective date herein is defined as the last date either the Buyer or
Sener signs or Initials this Sale Agreement
10.10 Additional Escrow Tenns. Buyer and Seller agree that the Eamest Money Deposit(s) shall
be hek2 by Escrow Agent In a fiduciary capacity Who Shan pace the Earnest Money Deposlt(s) In
an Interest bearing, Insured account In Naples. Florida. All Interest earned shan belong to Buyer.
At the closing. Escrow Agent shall deliver the Interest on the Earnest Money Deposlt(s) to Buyer.
If the cbsing fails to occur, Escrow Agent shall deliver the Interest to the Buyer, and the Earnest
Money Deposit(s} in accordance with Instructions agreed to by Buyer and Seller, or In the
absence of such instructions, Escrow Agent shall either deposit such funds In the registry of a
court of competent jurisdiction or hold the same until directed as to its deRvery by a court. arbitrator
or other entity having authority to determine the entitlement to the Earnest Money Deposit as
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between Buyer and Seller. Each party agrees to Indemnify and hold harmless Escrow Agent from .
and against any and all costs, losses, claims, damages, liabilities and expenses, including
reasonable attorneys' tees for trials and appeals which may be Incurred by Escrow Agent in
connection with Its duties as Escrow Agent hereunder, which are not attributable to the willful
default or gross negigence of Escrow Agent. and are the fault of a party.
10.11 like Kind ~xchange. Sener and Buyer agree SeRer wishes to complete a simultaneous
-Iike-klnd- exchange which qualifies as a tax free exchange under I.R.C. ~1031 and the
regulations and runng thereon. Seller will act In good faith and with commerclaJ reasonableness to
arrange an exchange. Any exchange must be (1) a direct and simultaneous exchange or (2) a
simultaneous, multiparty exchange conducted through a quali1ied Intermediary. The Seller's
rights and obligations under Ihls agreement may be assigned to a qualHied intermediary of the
Seller's choice for the purpose of completing such an exchange. Seller agrees an exchange win
not cause material additional expenses to or place material additional risks on the Buyer. Buyer
agrees to cooperate with the Seller and the quafr1led intermediary in a manner necessary to
complete the exchange.
If Sener is unable to complete a simultaneous "like-kind- exchange within the times allowed, Seller
will dose as a deferred exchange which quanfies as a tax free exchange under I.R.C. ~1031 and
ttle regufatbns and ruling thereon. Seller will act in good faith and with commercial
reasonableness to arrange a deferred exchange. Any deferred exchange must be conducted
through a qualified intermediary. The Seller's rights and obligations under this ageement may be
assigled to a qualified Intermediary of the Seller's choice for the purpose of completing such a
deferred exchange, and Buyer will close with the quafified intermediary. Sener's proceeds will be
held by the qualified Intermediary in a qualified escrow account. Sener agrees a deferred
exchange will not cause material additional expenses to or pace material adcfrtbnal risks on the .
Buyer. Buyer agrees to cooperate with the Seller and the qualified intennediary In a manner
necessary to arrange and complete Ihe deferred. tax free exchange. If Seller is unable to properly
identify the replacement property within 45 days. or close within 180 days after the transfer of the
relinquished property. etc.. the Seller will treat the transfer as a sale and receive the pooceeds
from the escrow account
, 0 , 2. Documents. If the Buyer does not close. Buyer shall assign ownership of all reports.
studies. documents. ard other due diligence materials to SelJer. and deliver a copy of each
document received to Seller.
10.13 No Recording. This Agreement shall not be recorded In the deed records of Collier
County. Florida. The recording of this Agreement by Buyer Is a breach of the Agreement for whiCh
Seller may terminate Buyer's right to purchase and to a refund of the Earnest Money Deposit(s).
Buyer will deliver to Seller an effective release and termination In slbstantlally the form of
Schedule R-S attached as a part hereof, of Buyer's rights and all the documents mentioned In
~10.12 within seven (7) days after Buyer's rights to purchase terminate. Buyer win not be entitled
to a return of the Earnest Money Deposit(s) unbl the documents, and a termination and release is
executed, and delivered to Seller by Buyer, provided that Buyer is otherwise entJtled to a return of
the DefX)Sit(s). Should Buyer not deliver to Seller a proper termination and release in recordable
form within seven (7) days after Buyer's ri{1lts terminate, the Buyer Irrevocably appoints Sener as
Buyer's agent and authorizes Seller to prepare and record the termination and release of Buyer's
7/16/97 (v.7)
7
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JUN 0 9 1998
pg._~_1
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rights by reason of this Agreement. Buyer authorizes all third parties to rely on a refease and
termination of Buyer's r1ghts by reason of this Agreement prepared, signed. and filed by Seller.
Buyer agees to pay Seller aD costs and damages. Including attorney fees for preparation of
doCuments. tr1ats and appeals, which Seller suffers or pays because Buyer does not promptly
deliver such termlnatk>n and release, and Buyer authorizes the Escrow Agent to pay Seller for
theSe costs and damages from the Deposlt(s). Notwithstanding the foregoing. If Seller defaults
under this Agreement and Buyer sues for damages, Buyer shall not be required to deliver such
termination and release In order to recefve the Deposlt(s).
10.14 Attorney Fees. The non-prevaJ1Jng party promises to pay to the prevailing party an the costs
and expenses. Including reasonable attorneys' fees for trial and appeals. which may be Incurred
by the prevaDlng party In connection with any action arising or related to tt.is Ageement.
IN WITNESS WHEREOF, the Agreement has been executed by the parties on the dates wrttten
below.
GULF COAST GOLF. INC.. a Aorfda
Corporation
By: dZ4/ ce
RONALD E. SUNYOG. as Pr
Date Executed: / Co July
{the -Sellen
'\\:~~(.1. \.J ~.l..~\'(~(~
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xl~u~----------
GEORGE UUKOBRRTOU ICH, as Trustee. who
is not to be held liable personally
Date Executed: / ~ {f..... July 1997
(the -Buyen
RECEIPT
WELSH COMPANIES S.E., INC. acknowledge receipt of S100.000 and agree to act per the Sale
Agreement.
WELSH COMPAN IES S.E., INC.. as Escrow
Agent
By: --4t~~~ ---
Print: _ . ~ l. /l ..~A--Y _
Title: as Its /$5((;.,,,1-;;' .,~fr,7
'@
7/16/97 (v.7)
8
~~Uijtj.l8J~) \
JUN 0 9 199B I
!
'L~31-,
SCHEDULE A-I
.
APPROVED TITLE EHCEPTIONS
1. Taxes and assessments for current and subsequent years.
2. Zoning and other governmental regulations affecting the use and occupancy of the real property.
3. Public or utirrty easements and building setback lines of record.
4. Encroachments of existing Improvements .onto utility easements.
5. Chain fink fence encroachment of six (6) Inches along the northern perimeter of the property, as
ldentJ1led on 1tlat certain Survey prepared by James N. Wilkison. PLS Florida Certificate No. 4676,
bear1ng date of 12/11190 and Drawing No. W.O. 11124, 49-C-344. it
(a) SelJer removes or causes removal of the fence before the Closing. or
(b) Seller grants Buyer a credit of $6.000 at the closing.
This fence does not encroach In any w;r-y on any of the existing Improvements.
6.
Ouft Claim Deed from the County Water-Sewer Distret and Coiner County, Florida to City of
Naples, Florida br afl water fines. water transmission faclfities. water m~ters and appurtenances as
recorded on 11 May 1978. at O. A. Book 750, Page 1088, Public Records of Colliar County,
Flor1da.
.
7. Oil, gas. and mineral Interests previously recorded or conveyed of record and an rights incident
thereto. ircluding. but not limited to. the Oil, Gas and Mineral Lease by Barron Collier. Jr., and
Miles Collier to Humble Oil Refining Company dated 1 July 1952 and recorded at Deed Book 24,
Page 385. Public Records of Collier County. Florida.
8. Form UCC-1 recorded 26 December 1990 at O. A. Book 1581, Pages 445 and 446, Public
Records of Collier County, FIortda. wherein Guff Coast Golf, Inc. grants BancFblida. a security
interest In the property described therein. The Form UCC-1 wm be released and tennfatect at
closing.
9. Mortgage dated 17 December 1990, a'Kt executed by Ronald E. Sunyog. as President. and
Martha W. Sunyog. as Secretary of G~f Coast Gott, Inc., to BancFlorida Federal Savtngs Bank.
securing an original prtncipallndebtedness of $590.000.00. as recorded on 26 December 1990,
at O.A. Book 1581, Pages 4411hrough 444, indusive, pubrlC Records of Comer County, Florida.
This mortgage win be satlsiled arx! released at dosing.
S_...\I":IO T'.,.e._
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JUN 0 9 1998 I
I
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SCHEDULE 8-2
Tl'IiS Instrunent prepared by. and
after recotd1r9 re1Um "
JAMES W. ElKINS, P.R.
1000 T.-mI TraI Not1I\ Suite 303
NaC*S. F1oI1da 33940
(941) 263-0910
Parcel 1.0, ...
GranteeS' Tax to.'~
~n
SPECIRL WRRRRNTY DEED
THIS SPACE FDA CLERK'S USE ONLY
GULF COAST GOLF. INC., a corporation organized and existing under the laws of the State of
Florida, the Grantor, In consideration of the sum of S . received from GEORGE
UUKOBRATDUICH, as Trustee. under the provisions of a trust agreement dated
19_, the Grantee. of ' hereby on this '
1997, grants, bargains, sens and conveys In fee simple. to the Grantee and the Grantee's successors and
asslg1S forever. the real property In Collier County, Florit1a. together with any improvements, fixtures. and
appurtenances thereto or ttlereon. and described as:
The South 112 of the South 1/2 of the Southwest 114 of the Southwest
1/4 of Section 1. Township 49 South, Range 25 East. Collier County.
Aorida, less the West 100 feet for road right-of-way purposes.
and covenants as against an persons claiming by. through. or under the Grantor, except as prD'ttided
below. that at the time of delivery of this deed:
1. the reat property Is free of all encumbrances created by Grantor.
2. . lawful seisin of and g::xxI right to convey the real property are vested In the Grantor. and
3. the real property sold by this C:eed does not represent an or substantiany aA of Hie ~ets
of Grantor. .
The Grantor, except as provided below. hereby specially warrants the tltie to that real property and wRl
defend the same against the lawful claims of all persons claiming by, through, or under the Grantor.
This deed and the real property title are subject to the Approved Title Exceptions listed In the attached
and Incorporated Schedule A-1.
Full power and authOrity are granted by this Deed to Trustee or Trustee's successors to protect,
conserve, sen, lease, encurrt>er or otherwise to manage and crlSpose of the real estate or any part of It,
and such other powers as are aJlowed by Section 689.071 Florida Statutes.
The Interests of each and every beneficiary under this Deed and under the trust referred to
previously and of all persons claiming under them or any of them shal be only In the eamtngs, 81
JUN 0 9 1998
_PQ.'~
I.
,
proceeds 8t1Sing from the sale or other disposition of the real estate, and such Interests Is declared to be .
personal property, 2nd no beneficiary under this Deed Shan have any fJUe or Interest, JegaI or equftabJe, In
or to the real estate as such but only an Interest In the earnings, avails and poceeds from su::h real estate
as aforesaid.
The Trustee has no personal liability whatsoever, and any I1abII'rty is limited to the assets.of this
trust.
t,.
Signed In the presence ot.
GULF COnST GOLF, INC., a Fbicla
corporation
Sb't
p.t't
J3y:
Prrt RCNAlD E. SlJ'.lVOG
J)Ie: PfeM-f
'"r.
k
SOt
PItt:
(CORP. SEAL)
A'llPR"
Prrt
TIle:
Address: 4505 Beechwood Lake Drive No.
North, Naples, Florida 34112
,:i
STATE OF FLORIDA
COUNTY OF COLLIER
.
I am a Notary Public who Is authortzed In the state and county named above to take oaths, and
acknowledgments. I certify that Ronald E. Sunyog. and Is each
personally known to me, or
has produced a as Identification, and who
. did take an oath the facts asserted are true. or
cfld not take an oath.
If nothing Is Checked, I know each of them, and each of them took an oath.
I also certify that each of them 1) sigled this Special Warranty Deed a.c; the President, and
Secretary of GULF COAST GOLF. I Nt., a Aor1da corporation. 2) acknowledged the
executfon of this document for and on behalf of and as the act and deed of that corporation, 3) stated he Is
authorized to sigl for the corpntlon by that c:or';X)ration by resolution, or by law, or both, and 4) stated
the seal affixed Is the seal of that corporation.
Witness my hand and offtdal seal In the county and state named above this
1997.
(Notary Seal)
5Q't
Prtt
Notary PLbfIc
My Commission Expires:
My Commission NOO1ber:
JUN 0 9 1998
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DeDvety to and acceptance of thIS Deed by the Grantee Is hereby acknowledged.
Date:
For the Grantee
--------------------------------------
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SCHEDULE R-l
RPPROUED TiTlE EHCEPTIONS
6.
Taxes and assessments br current and subsequent years.
Zonfng and other governmental regulatIonS affecting the use and occupancy of the real property.
PIbIic or utmty easements and buDding se~ Unes of record.
Encroachments of eldsUng Improvements onto utlnty easements.
ChaIn link fence encroachment of six (6) Inches along the northern per1meter of the property, as
Identffted on that certain Survey prepared by James N. Wll1dson, PLS Florida Certificate No. 4676,
bear1ng date of 12/11190 and Drawtng No. W.O. 11124, 49-C-344. This fence does not encroach
1n any way on any of the existing Improv~nts.
0tJt Claim Deed from the County Water-Sewer District aOO Comer County, FIorfda to City of
Naples, FIor1da t)r all water Anes, water transmission 1adnUes, water meters and appurtenances as
recorded on 11 May 1978, at O. R. Book 750, Page 1088. Public Records of Collier County,
Florida.
7.
Oil, gas. and minerai Interests previously recorded or conveyed of record and an r1ghts Incident
thereto. Including. but not Umlted to, the Oil, Gas and MineraI Lease by Barron Corner, Jr.. and
Miles Comer to Humble Oil RefinIng Company dated 1 July 1952 and recorded at Deed Book 24,
Page 385. Public Records of Collier County. Florida
e
~clnll:Mc:h Deed
8/1 &97 (ms)
AC>~~~.lh:
NO~
JUN 0 9 1998
PQ. .36
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SCHEDULE A-3
OWNER'S uGAP" AFFIDAUIT
STRTE Of FLORIDR
COUNTY Of COLLIER
RONALD E. SUNYOG,lndMdually and as President of GULf COAST GOLF, INC., a Aortda
corporatSon, being tltst duly sworn, deposes and says that he makes these representations for himself and
the corporatJon. based on hfs knowtedge and benet, to Buyer, GEORGE UUKOBRRTOU I CH, as Trustee.
and Aoetzel & Andress, the EscrowlSettJement Agent. to Induce them to close and says that
1. The subIect of this aiftdavtt Is the real property in Collier County, Florida (heretnafter the
-property-) described as:
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest
1/4 of Section 1, Township 49 South, Range 25 East. Collier County.
FIortda. less the west 100 feet for road right-of-way purposes.
2.
The last abstract continuation for the property was dated
1997.
3.
GULF COAST GOLF, INC. has undisputed possession of the property and there Is no other
person or entity in possession, nor who has any claim of possession In the property.
No improvements have been made to the property within the past 90 days for which payment has
not been made In full.
4.
5. There are no matters pending against G U L F CO A ST GO L F. IN C. that could gve .rise to a lien that
would attach to this property between the date of the title commitment and the recording of the
documents required by the title commitment.
6. No documents have been executed and will not be executed by GULF COAST GOLF, INC. that
would adversely affect the tttle to this property or the lien of any mortgage to be Insured pursuant
to the commitment.
THIS AFADA VIT Is made for the purpose of Inducing the Buyer to close and the
EscrowlSettJement Agent to Issue a Title Insurance Policy or litle OpInion on the abOve described
premises, and to dIsburse any funds held by It as EscrowlSettlement Agent to GULF COAST GOLF,
I N C.. GULF CO A ST GOLF, INC. warrants tt1at an these statements shaD be true and correct at
settlement, and GULF COAST GOLF, INC. shan notify Buyer and EscrowlSetUement Agent of any
changes In these representations before closing. GULF COAST GOLF, INC. Intends for Buyer and the
EscrowlSettlement Agent to rely on these representations which win survive the closing.
GULF COAST GOLF, INC.. a Florida
corporation
(Corp. Seal)
By:
Its:
":..~tAH:\
NO~
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RONALO E. SUNYOG, Pr
And Individually
JUN 0 9 1998
.
PQ.~
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I am a Notary PLbnc who fa aU1hortzed In the state and county named above to take oathS. and .
acknowtedgmenlS. f certHy that RONALD E. SUNYOG is
personaDy known to me, or
has produced a as identification, and who
did take an oathlhe facts asserted are true, or
did not take an oath.
If nothing Is c:hecked. I know AonaJd E. Sunyog, and he took an oath.
I also certlfy that he 1) slg1ed this CNmer's Gap Affidavit as Ole President of GULF COAST GOLF,
I N C _, a FIot1da corporation, 2) acknowtedged the execution of this document l)( and on behatf of and as
the act and deed of that corporation, 3) stated he is authOrIzed to sJgl for the corporation by that
corporation by resofutIon. or by law, or both, and 4) stated the seal afftxed Is the seal of that corporation.
WIIness rTri hand and offtdaJ seal In the county and state named ctx>ve this
1997.
(NOTARY SEAL)
-,.. ao. ..
W'"' flllltf.
SiJ't
Prtt
NOTARY PUBLIC
My Commlsslon Number.
My Commission Expires:
.
N;~~)
JUN 0 9 1998
-pq.~
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.
SCHEDULE A-4
CERTIFICRTE OF TRRNSfEROR
OTHER THRN AN INDIUIDURL
secUon 1445 of the Internal Revenue Code ptovIdes ht a transferee of R U.S. real property
Interest nut wIIhhoId tax If the 1JansferOr Is a for8Igl person. To Inform 1he transferee that wtthhoIdlng of
tax Is not requhd upon the c:tIspo8ftk)n of a U.S. real ~ Interest by GULF COAST GOLF, INC.. a
Florida corpotaUon. the undersigned hereby certfftes the fonowtng on behalf of the Transferor.
1. GULF CORST GOLF, INC. Is not a forefgn corporation. forefgn partnership, foreign trust.
or b'eIgn estate (as thoSe terms are defined In the Internal Revenue Code and Income
Tax Regu1atJons);
2. GULF COAST GOLF INC.'S employer identification number Is 59-1893033: and
3. GULF COAST GOLF, INt.'S offtce address Is 6700 Ail'p)rt Road North. Naples. Aor1da
34109.
GULF COAST GOLF, INC. understands that this certiflcation may be disclosed to the Internal
Revenue Service by the transferee and that any false statement contained herein could be punished by
fine. Imprisonment. or both.
Under penalties of perjury. I declare that I have examined this certfficate and to the best of my
knowledge and berlef It Is true. correct and complete. and I further declare that I have authority to sign this
doCument on behalf of GULF COAST GOLF, INC.
GULF COAST GOLF, INC.. a Fbida
corporation
Date:
. 1997
~
RONALD E. SUNYOG
115: Pr~ 8'd 1l'Yf\Nt*
~~c..,
1/'1 1m' lI'Wl
J.G,.~t J:tI\.,
"ll~
JUN 0 9 1998
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SCHEDULE 11-5
,i
'; ~~i
.,.
ThiS Insm.nent prep.red by. and
aftet rec:otdng reun t)
JAMES W. ruc'NS, P.R.
1000 TemI8nI TraI NotIt. SuIa 303
NapleS. Fbtt2a 3410'2
(941) 263-0910
'.
NOTICE OF
TERMINATION RND RELERSE OF
SRLE RGREEMEN.T, RND
QUITCLAIM
THIS SPACE fOA CLEAK'S USE ONLY
On , 1997, GULf CORST GOLF, 'NC., a Florida corporation, the Seller. am
GEORGE lJUKOBRATOU'CH, AS TRUSTEE. the Buyer, entered Into a Sales Agreement covering the
real poperty descri)ed as:
The South 112 of the South 112 of the Southwest 1/4 of the Southwest
1/4 of Section " Township 49 South, Range 2S East. Collier County.
F1ork2a. less the West 100 feet for road right-of-way PUfJX)Ses.
The Buyer never went Into possession of the real property. and the Sale Agreement was never
modified.
.;;
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The Buyer has previousty terminated and reteased. and the Buyer hereby terminates and
releases. an Buyer's rights, tides, and Interests, pursuant to the Sale Agreement. except that Buyer
reserved and hereby reserves tlis I1g1t (If any) to a refund of the Earnest Money Deposlt(s) from the
Escrow Agent. pursuant to the S!\Ie Agreement However. such reservation of a potential right to a refund
is not a dalm of any rig1t. tfUe. ex h.tef8St.1n and to Ihe real property.
The Buyer has previously terminated and released. and the Buyer hereby terminates and
releases, an Buyer's rights, tJUes, and Interests, In and to the real property descrl)ed above. To conftrm
this release, Buyer hereby qUltclafms aI his rights, titles, and Interests in the real poperty described above
to Sener.
Signed In the presence ot
S9t
Prt't
GEORGE lJUKOBRRTOUICH. RS TRUSTEE
AND INDlUlDUALlY, The Buyer
Dated: 199_
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7n/97 V.2
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STATE OF
COUNTY OF
I, a Notary PubIC. dcii authOttzed by the law In Ihe state and county named above to take
acknOwt8dgeInen. hereby certffy that G EO R G E U UK 0 B R ATO U Ie H (p/Bsss check ooe of the following.
If f1Ot7(Isre chscked. the person Is persona11y known to me.) ( ] Is petSOI'l8IJy IcnoNn t) me. or [ J hag
produced asldentJtk:atJon, and who did take an oath, and Is named as the
Buyer and Trustee of the Trust Agreement dated .'. In
the b'egoIng TermhldOn am ReIeas8 of Sale Agreement. that he sf018d the Term1natJon and Release
of Sale Ageement on behalf of !he trust In my presence. and acknowtedged to me that he executed that
TermInatIOn and Release of 8eIe Ageement: and acknowledged 10 me that he Is au1nOI1zed to sign on
behalf of the trust.
--
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WItness my hand and official sea! In the county and state named above this
1991.
(NOTARY SEAL)
I
Sbt
PJtt
NOTARY PUBLIC
My CommIssJon Ntnlbet':
My Commissk>n Expires:
7n197 V.2
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ORDINANCE NO. ge-
AN ORDINANCE: AMEIJDING ORDW1\NCE NU!-t!!Etl 91-102 THE
COLLIER COUNTY LAUD DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONInG P.EGULATIONS FOR
THE UNINCORPORATED 1\REA OF COLL~ER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS t-'.AP tmMBER
95015 BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "Crn COMMUNITY
FACILITY TO "PUD" PLANNED UNIT D~ELOPMENT KNOWN
AS WILLOW P1\RK FOR A MIXED COMMERCIAL LAND USE
DEVE~OPMENT STRATEGY, LOCATED ON THE EAST SIDE OF
AIRPORT-PULLING ROAD (C.R. 31) SOUTH OF LONE OAK
BOULEVARD AND IMMEDI1\TE~Y CONTIGUOUS PROPERTY
1Q;OWN AS PRINCESS P1\RK IN SECTI:lN 1, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 11.35 1\CRES MORE O~ LESS; AND BY
PROVICING AN EFfEC'!'IVE DATE.
.
~HEREAS, Blair A. Foley, P.E., of Coastal Engineering
Ccnsul:ants, Inc., representing George Vukobratovich, Trustee,
petl:ioned the Board of County Co~~issioners to change the zoning
classification of the herein described real property;
NOW, 7HERErO?E BE !7 ORDAINED by the Board of County
~ommissioners of Collier Cc~nty, Florida:
SECT:CN ONE:
.
7he zon:n; classifi=a::on of :he herein described real
~rcperty :o=ated in Sec::~n ., .owns~ip ~? South, Range 25 East,
:ol:'ier C~~r.~:l, Florida, :'5 c:-.ar.;ed ~:c:n ~.::" :om::luni:y Facility
~: "F~~" F:an~ed ~~it Ce~e~cp~e~~ ~~ ac=~r=a~ce w~th ~~e Ail1cw
?a:r. ?~: :~=~~e~~, a:~a:~e~ ~~re~: as Ex~~~:: "A" a~j
~~=:r~c:ated ty re!erence ~e=ei~. 7he :ft4=la~ :on~n9 Atlas Map
~.'..::nbe: 95C~S, as ~'!!cri::e::i ~:-. ::~:..na:1=4! :~~~..ber ~1-102, :.he
Ccl:ier County La~d Develc~~e~: Code, 15 hereby amended
accord~r.gly.
SEC7:CU TWO:
This Crdl~ance sha11 beco~e effec::ve uFo~ filir.g with the
Oepar:~ent of S:ate.
JUN 0 9 1998
-1-
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1998.
of Collier County, Florida, thia
PASSED AND DULY ADOPTED by the Board of County Commi.
day of
ATTEST:
BOARD or CounTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY:
Chi
Approved aa to Form
and Legal SUfficiency
~:. 7h ~~"-J::!:.
Marj ie M. Student
ASSiatant County Attorney
PUl>-t7'15 0IUl1J1lU1CEI
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I J:~ 0 9 1998
I P.-.!/L
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WILLOW PARK
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing Willow Park. A Planned
Unit Development Pursuant to Provisions of
The Collier County Land Development Code
Prepared for:
The Welsh Companies
2400 9lh Street North. Suite 10]
Naples. FL 34] 03
Prepared by:
Coastal Engineering Consultants. Inc.
3] 06 S. Horseshoe Drive
Naples. FL 34104
CEC File No. 97.388
November 25. ] 997
Date Reviewed by cepe
Date Approved by Bee
Ordinance Nwnber
Amendments and Repeal
EXHIBIT "A"
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TABLE OF CONTENTS
Pa2e
Statement of Compliance .... .......... .... ............ ........ ......... .......... ......... .................... .......... i
" '"
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Section J
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Section II
Section III
.... :
Section IV
Section V
Section VI
Exhibit "A"
.
.
Property O\\nership and Description
Project Development Requirements
Commercial Areas - Tracts A & B
Commercial Areas. Tracts C & D
LakelDetention Area/Open Space - Tracts F & G
Development Commitments
PUD Master Plan
..;
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ic'''''
..~:.~
JUN 0 9 1998
_Pg.
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ST A TEMEST OF COMPLIANCE
.
The development of this project will be in compliance Vtith the planning goals and
objectives of Collier County as set forth in the Gro\\1h Management Plan. This compliance
includes:
I. The project shall be in compliance \\ith all applicable County regulations
including the Gro\\1h Management Plan.
2. The project Vtill be served by a complete range of services and utilities as
approved by the County.
3. The project is compatible with adjacent land uses through the internal
arrangement of structures. the placement of land use buffers, and the
proposed development standards contained herein.
4. The Planned Unit Development includes open spaces and natural features
which are preserved from future development in order to enhance their
natural functions and to serve as project amenities.
5.
All final local development orders for this project are subject to the Collier
County Adequate Public Facilities Ordinance No. 93-82. as amended.
.
6. The project \\ill consist of office space and low intensity commercial. which
is consistent \\ith the Office and In-fill Commercial Subdistrict of the Future
Land Use Element.
~GiHt~'
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SECTIO:'i I
PROPERTY O\\'NERSHIP AND DESCRlPTIO~
1.1. PlJRPOSE
The purpose of this Section is to set forth the location and o\\nership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Willow Park.
1.2. LEGAL DESCRIPTION
The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section
1. TO\l.nship 49 South. Range 25 East. Collier County. Florida. less the west 100
feet for road right-of-way purposes.
1.3. PROPERTY O\\~ERSHIP
The subject property is currently under the o\\nership of Gulf Coast Golf. Inc.. a
Florida Corporation. 4505 Beechwood Lake Drive ~orth. ~aples, Florida 34112.
.
1.... GE~ERAL DESCRlPTIO~ OF PROPERTY AREA
A. The 11.36 acre site is located in the southwest comer of Section 1. To\\nship
49 South. Range 25 East. The property is bordered on the north by Princess
Park. on the south by Temple Citrus Grove. on the east by Walden Oaks.
and on the west by Airport-Pulling Road ~orth (C.R. 31).
B. The zoning classification of the subject property prior to the date of this
approved PUD Document was Commercial Facility (CF).
1.5. SHORT TITLE
This Ordinance shall be knO\\n and cited as the "\ViIlow Park Planned Unit
Development Ordinance."
.
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JUN 0 9 1998
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SECTIO~ II
.
PROJECT DEVELOPMENT REQUIREME~lS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development. relationships to applicable County ordinances. the respective land
uses of the tracts included in the project. as well as other project relationships.
2.2. GENERAL
,
,
.f
A.
Regulations for development of Willow Park shall be in accordance \\ith the
contents of this document. PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development
Code and Growth Management Plan in effect at the time of building pennit
application. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the County Land
Development Code shall apply.
B.
Unless otherwise noted. the definitions of all tenns shall be the same as the
definitions set forth in Collier County Land Development Code in effect at
the time of building pennit application.
.
c.
All conditions imposed and all graphic material presented depicting
restrictions for the development of Willow Park shall become part of the
regulations which govern the manner in which the PUD site may be
developed.
D. Unless modified, waived or excepted by this PUD, the provisions of an}'
other sections of the Land Development Code, where applicable, remain in
full force and effect \\ith respect to the development of the land which
comprises this PUD.
E. Development pennined by the approval of this Petition will be subject to a
concurrency review under the provisions of Division 3.15. Adequate Public
Facilities, of the Land Development Code. at the earliest or next to occur of
either final SOP approval, final plat approval. or building pennit issuance
applicable to this development.
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JUN 0 9 1998
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2.3. DESCR1PTIO~ OF THE peD MASTER PLA~ A~D PROPOSED
LA~D USES
A. The PUD Master Plan. including layout of streets and use of land for the
various tracts. is illustrated graphically by Exhibit "A". PUD Master Plan.
There shall be four land use tracts. plus necessary \\;ater management lakes.
street rights-of-way. the general configuration of which is also illustrated by
Exhibit" A".
Tract
Uses
Aoorox. Acrta2e
A&:B
C&:D
E
F
G
Commercial &. Related Business Park lJses
Office Use Only
Road Right-Of- Way
Lake
Detention Area'Open Space
Total
1.83
s.~
\.6:!
1.31
0.96
11.36
B.
Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes. Such
lakes shall be in the same general configuration and contain the same
general acreage as sho\\1l by Exhibit "A". Minor modification to all tracts,
lakes or other boundary may be permined at the time of Preliminary
Subdivision Plat or Site Development Plan approval. subject to the
provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier
County Land Development Code or as otherwise permined by this PUD
document.
.
C. In addition to the various areas and specitic items sho\\n in Exhibit "A".
such easements as necessary (utility. private. semi-public. etc.) shall be
established within or along the \'arious tracts as may be necessary.
2.4. RELATED PROJECT PLA~ APPROVAL REOUIRE:\IE~TS
A. Prior to the recording ('If a Record Plat, and/or Condominium Plat for all or
part of the PUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance \\ith the PUD Master Plan. the Collier County Subdivision
Code and the planing laws of the State of Florida.
.
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JUN 0 9 1998
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B.
Exhibit "A". PUD Master Plan. constitutes the required PL:D Development
Plan. Subsequent to or concurrent "ith PUD approval. a Preliminar:'
Subdivision Plat. if applicable. shall be submined for the entire area covered
by the PUD Master Plan. Any division of property and the development of
the land shall be in compliance "ith Division 3.2 of the Collier County Land
Development Code. and the planing laws of the State of Florida.
.
C. The provisions of Division 3.3 of the Collier County Land Development
Code. when applicable. shall apply to the development of all planed tracts.
or parcels of land as provided in said Division prior to the issuance of a
building permit or other development order.
D. Appropriate instruments "ill be provided at the time of infrastnu.:tura1
improvements regarding any dedications and methods for providing
perpetual maintenance of common facilities.
2.5. SALES FACILITIES
Sales centers shall be pennined in conjunction with the promotion of the
development subject to the follo"ing:
A.
One "wet" sales center may be constructed prior to recording of a plat.
Location is limited to future land use tracts. All sales centers must be
applied for by project O\\Tler.
.
B. The "wet" sales center may be served by a temporary utility system \\ith
ultimate connection to the central system. Interior fire protection facilities in
accordance with NFPA requirements are required unless a permanent water
system is available. A water management plan must be provided which
accommodates the runoff from the model home. parking. access
road/driveway and other impervious surfaces.
2.6. A:\JE~nMENTS TO pun DOCUMENT OR pun MASTER PLAN
Amendments may be made to the PtJD as provided in the Collier County Land
Development Code. Section 2.7.3.5.
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JUN 0 9 1998
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2.7. ASSOC'ATIO~ OF PROPERTY O\\~ERS FOR CO:\JMON AREA
l\tA.I~TE:'\.o\.~CE
'Wbenever the developer elects to create land area and/or recreation amenities whose
o\\nership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property v.ithin said development in which the common
interest is located. that developer entity shall provide appropriate legal instruments
for the establishment of a Property Owners' Association whose function shalt
include a provision for the perpetual care and maintenance of all common facilities
and open space subject further to the provisions of the Collier County land
Development Code, Section 2.2.20.3.8.
.
.
N:"?~)
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JUN 0 9 1998
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SECTION III
COMMERCIAL AREAS - TRACTS A & B
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that \\ill be applied to the areas so designated on Exhibit
"A". as Tracts A & B.
3,2, USES PEIt'\fITTED
No building or structure or part thereof, shall be erected. altered or usecl or land
used, in whole or part, for other than the folIov.ing1:
A. Principal Uses:
Business Services (7311-7389);
Communication (4812-4899);
Depository Institutions (601 1-6099);
Eating Places (5812. "ith the only restrictions being no fast-food restaurants
and no drive-throughs);
Educational Services (8211-8299):
Engineering. Accounting. Research, Management. and Related Senices
(8711-8748);
Health Sen'ices (80 I 1-8099):
Holding and Other Investment Offices (6712-6799):
Home Furniture. Furnishings. and Equipment Stores (5712.5713.5714):
Insurance Agents, Brokers, and Services (641 I):
Insurance Carriers (6311-6399):
Legal Services (8111):
Membership Organizations (8611-8699);
Museums. Art Galleres, and Botanical and Zoological Gardens (8412-
8422);
Non-Depository Credit Institutions (6111-6163);
Optical Goods Stores (5995):
Personal Services (7211-7299):
Printing. Publishing, and Allied Industries (2711-2796);
Public Administration (9 I 11-9721);
Real Estate (6512-6553);
'Standard Industrial Classification Manual 1987 (SIC) #'s are sho"n in parentheses.
III-I
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Security and Commodity Brokers. Dealers, Exchanges. and Services (6211-
6289):
Social Services (8322-8399):
Specialty Medical Retail-i.e. Orthopedic and Artificial Limb Stores.
Wheelchair Sales. etc. (5999):
Transportation Services (4724-4789);
U.S. Postal Service (4311);
Veterinary Services (0742. 0752);
Any other commercial use which is comparable in nature with the foregoing
uses including buildings for retail. service and office purposes consistent
\\ith the permitted uses and intent and purpose statement of this ordinance.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the uses
pennined.
2. Caretaker's Residence.
3.3
DEVELOP:\IE~T ST A~DARDS
.
1. Minimum Setbacks:
Front:
~5 feet plus one foot for each one foot of
building height over 35 feet.
Side:
15 feet
Rear:
Zero feet or 5 feet
2.
Minimum Lot Area:
10.000 SF
..
~.
Minimum Lot Width:
100 feet
4.
Maximum Building Height:
50 feet
5.
Minimum Floor Area:
700 SF ground floor. each building.
.
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JUN 0 9 1998
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SECTION IV
. 7.:~l
.{'
..
COM~tERCIAL AREAS - TRACTS C & D
4.1
PURPOSE
.
i~;:
The purpose of this Section is to identify the type of Commercial Uses and
development standards that \\ill be applied to the areas so designated on Exhibit
"A", as Tracts C & D.
4.2,
USES PE~'I1TTEn
No building or structure or part thereof. shalt be erected, altered or use~ or land
used, in whole or part, for other than the follo\\ing':
A. Principal Uses:
~:
Building Construction-General Contractors and Operative Builders (1521-
1 ;42 but limited to office space only):
Business Services (7311-7389):
Communication (4812-4899);
Depository Institutions (6011-6099): .:
Educational Services (8211-8299):
Engineering. Accounting. Research. Management. and Related Services
(8711-8748):
Health Services (8011-8099):
Holding and Other lm'estment Offices (6712-6799):
Insurance Agents. Brokers, and Services (64 I I):
Insurance Carriers (6311-6399):
Legal Services (8111):
Membership Organizations (8611-8699);
Museums. Art Galleries, and Botanical and Zoological Garden~ (84 I 2-
8422);
Non-Depository Credit Institutions (61 1 1-6163);
Personal Services (721 1-7299);
Public Administration (9111-9721);
Real Estate (6512-6553);
Securit). and Commodity Brokers, Dealers, Exchanges, and Services (6211-
6289);
Social Services (8322-8399);
'Standard Industrial Classification Manual 1987 (SIC) #" s are shovwTl in parentheses.
,
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JUN 0 9 1998
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IV-I
:.
Transportation Services (4724-4789):
U.S. Postal Service (4311);
Veterinary Services (0742.0752);
Any other commercial use which is comparable in nature \\ith the foregoing
uses including buildings for retail, service and office purposes consistent
\\ith the pennitted uses and intent and purpose statement of this ordinance.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the uses
pennined.
,
"
2.
Caretaker's Residence.
4.3 PEVELOPMENT STANDARDS
1. Minimum Setbacks:
Front:
25 feet
'.
Side:
15 feet
Rear:
Zero feet or 5 feet
..,
Minimum Lot Area:
10.000 SF
'"
".
~tinimum Lot Width:
1 00 feet
4.
Ma'Ximum Building Height:
35 feet
5.
Minimum Floor Area:
700 SF ground floor, each building.
:'.
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JUN 0 9 1998
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SECTION \'
~
LAKElDETENTION AREA/OPEN SPACE - TRACTS F & G
S.J, PURPOSE
The purpose of this Section is to set forth the de....elopment plan and development
standards for the areas designed as Tracts F & G, Detention Area/Open Space on the
Pun Master Plan. Exhibit "A". The primaJ')' function and purpose of these tracts
\\iIl be to provide a water management area for the project.
5.2. USES PER..\1ITTED
!'\o building or structure, or part thereof. shall be erected. altered or used, or land
used. in whole or in part. for other than the foIlo\\ing:
A. Principal Uses:
I.
2.
Lakes.
Open Spaces/Nature Preserves (Conservation Area).
Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the common's areas.
Small docks. piers or others such facilities constructed for purposes
of lake recreation for residents of the project.
t
..
".
4.
~ .
.~ ;" ,
8, Accessory L'ses:
. ,
~
I.
Small docks. enclosures or other structures constructed for purposes
of maintenance. storage. recreation or shelter \\ith appropriate
screening and landscaping.
. ,
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JUN 0 9 1998
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SECTIO;\i VI
DEVELOPMENT COMMITME~TS
t
6,1, PURPOSE
0,,- "'1
The purpose of this section is to set forth the development commitments for the
development of the project.
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...... ,"
6.1. ~
.T'~, , ,
All facilities shall be constrUcted in strict accordance \\ith final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes. and
regulations applicable to this PUD. Except where specifically noted or stated
othernise, the standards and specifications of the Land Development Code,
Division 3.2, shall apply to this project even if the land \\ithin the PUD is not to be
planed. The developer, his successor and assigns shall be responsible for the
commitments outlined in this document.
: ':~
.'
.
,
~
, .
TIle developer. his successor or assignee shall follow the Master Plan and the
regulations of the pun as adopted. and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successor or
assignee in title is also subject to any commitments "ithin this agreement.
~-;.
6.3. Pt:D MASTER PLAN
A. Exhibit "A". PUD ~'1aster Plan. illustrates the proposed de\'elopment and is
conceptual in nature. Proposed tract, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final planing or site development
plan application. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code. an:endments may be made from time to time.
B. All necessary easements, dedications. or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities and
all common areas in the project.
" ,
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JUN 0 9 1998
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6.4. M0:"41TORING REPORT AND SUNSET PRO\lSIO~
.
A. Willow Park PUD shall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
B. An annual monitoring report shall be submined pursuant to Section 2.7.3.6
of the Collier County Land Development Code.
6.5. TRA."iSPORTATION
A. Access from Airport-Pulling Road shall be consistent \\;th the County's
Access Management Policy, Resolution 92-422, as amended.
B. Nothing in any zoning approval shall operate to vest any right to a median
opening in this project.
C. The developer shall be responsible for the installation of arterial level street
lighting at all project entrances prior to the issuance of certificates of
occupancy. exclusive of the model center.
D,
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff, In addition. site drainage shall not be permined to
discharge directly into any roadway drainage system.
.
E. Compensating right-of-way for turn lanes and median areas shall be
dedicated by the developer to reimburse the County for the use of existing
right-of-way at the time said turn lanes may be required by Collier County.
Such dedication shall be considered site related and there shall be no road
impact fee credit to the developer.
F. Road Impact Fees shall be paid in accordance \\;th Ordinance 92-22. as
amended, and shall 1Y: paid at the time building permits are issued unless
othernise approved by the Board of Count)' Commissioners.
G. Road improvements required for this project both site-specific and system
capacity, shall be in place prior to the issuance of any certificates of
occupancy for the development.
VI-2
JUN 0 9 1998
pg.~_..
.
6.6
WATER MANAGEMEl'iT
The development of this PUD ~tater Plan shall be subject to and governed by the
following conditions:
A. In accordance \\ith the rules of the South Florida Water Management
District (SFWMD). Chapters 40E-4 and 40E-40, this project shall be
designed for a storm event of a 3-day dw-ation and 25-year return frequency.
B. An Excavation Pennit \\ill be required for the proposed lake in accordance
"ith Division 3.5 of the Collier Count)' Land Development Code and
SFWMD rules.
C. A SFWMD Right-of-Way Pennit and Discharge Permit shall be submined
prior to final development plan approval.
6.7 UTILITIES
The development of this PUD Mater Plan shall be subject to and governed by the
follo\\ing conditions:
.
.
A.
Water distribution. sewage collection and transmission systems shall be
constructed throughout the project by the developer at no cost to Collier
Count\" and the State of Florida. Potable water and sanitary sewer facilities
. .
constructed within planed rights-of-way or within dedicated County utility
easements. required by the County. shall be con\'eyed to the County for
o\\Tlership. operation and maintenance pursuant to Collier County
Ordinance No. 97-17. as amended and all State and Federal regulations and
adopted policies in effect at the time of conveyance. All potable water and
sanitary sewer facilities constructed on private property and not required by
the County to be located within County utility easements shall be o\\ned.
operated and maintain~d by the developer. his assigns or successors. The
completed potable water and sanitary sewer facilities within the project shall
be tested to insure they meet Collier County's utility construction
requirements in effect at the time construction plans are approved. The
above tasks shall be completed to the satisfaction of Engineering Review
Services prior to placing the facilities. whether County o\\ned or privately
o\',Tled. into service. Upon completion of the potable water and sanitary
sewer facilities and prior to the issuance of Certificates of Occupancy for
structures within the project the utility facilities shall be conveyed to the
County. pursuant to Collier County Ordinance No. 97-17. as amended and
all regulations in effect at the time conveyance is requested.
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VI-3
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JUN 0 9 199B
PI), .M-_
B.
All construction plans. technical specifications and proposed plats. jf
applicable. for the proposed potable water and sanitary sewer collection and
transmission systems. whether County owned or privately o"ned shall be
reviewed and approved by Engineering Re\'iew Services pnor to
commencement of construction.
.
c. All customers connecting to the potable water distribution system shall be
customers of the Coun~' and shall be billed b\' the Countv in accordance
. .-
with the County's established rates.
D. All potable water and sanitary sewer facilities in publicly o"ned rights-of-
way or \\ithin dedicated County utility easements \\ithin the project's limits
shall make connection to the County's off-site potable systems and sanitary
sewer facilities including but not limited to the follo\\ing:
1 )
Sewage lift stations, sanitary sewer force mains, and sanitary sewer
gravity mains.
t
2) Potable water distribution facilities.
E.
Construction and o"Tlership of the potable water and sanitar). sewer
facilities shall be in compliance "ith Collier County Ordinance No. 97-17,
as amended. all Federal. State regulations which apply and practices in
effect at the time construction approval is requested.
.
F. Detailed hydraulic design reports covering potable water and sanitar).
sewage collection and transmission systems to seI'\'e the project shall be
submined \\ith the construction documents. The reports shall list all design
assumptions. demand rates and all other factors pertinent to the system
under consideration,
G. Certifications of Occupancy for structures constructed within tht" project
shall not be approved by Engineering Review SeI'\'ices until fire flow tests
have been conducted on the project's potable water distribution system and
the results are found to be acceptable and approved.
~
VI-4
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JUN 0 9 1998
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6.8
ENGI~EERJNG
A. Design and construction of all improvements shall be subject to compliance
~ith the appropriate provisions of the Collier County Land Development
Code. Division 3.2.
B. \\"ork "ithin Collier County right-of-way shall meet the requirements of the
Collier County Right-of-Way Ordinance No. 93-64.
6.9 ~A.~1>SCAPING
A. All required landscape buffers shall be in accordance \\ith Section 2.4.7.4.
of the Collier County Land Development Code and shall have the follo....ing
v.;dths:
Proiect Boundarv
Buffer Requirements
'.."
."
North
South
East
'lv' est
10 feet
10 feet
I 5 feet
15 feet
B.
Landscape buffers. other than those described above. shall not be required
between adjacent lots that are developed under a single Site Development
Plan.
6.10 E~VIRO!":\IE~T AL
A. The developer shall be required to remove all prohibited exotic vegetation
on site and to prevent reinvasion of prohibited exotic vegetation by
maintaining the site exotic free in perpetuity.
6,11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously "ith or follov.ing the
construction of the principal structure except for a sales center.
6.12 SIGNS
All signs shall be in accordance "ith Division 2.5 of the Land Development Code.
....".....~.}:.P'
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JUN 0 9 1998
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6.13 LA:'\DSC:\PING FOR pFf-STREET PARKING AREAS
.
All landscaping for off-street parking areas shall be in accordance \\ith the Division
2.4 of the Collier County Land De.....elopment Code in effect at the time of building
permit application.
6.14 rOLLI~G PLACES
Pursuant to Section 2.6.30 of the Land Development Code. provisions shall be made
for the future use of building space "ithin common areas for the purposes of
accommodating the function of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit
Court of Collier County, which shall provide for a public building/public room or
similar common facility to be used for a polling place if determined to be necessary
by the Supervisor of Elections. This agreement shall be binding upon any and an
successors in interest that acquire ownership of such common areas including, but
not limited to. condominium associations. property o"ners' associations. or tenants'
associations.
6.15 PRO\1SIO:'\ FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The exca\'ation of earthen material and its stock piling in preparation of water
management facilities or to otheT\\ise develop water bodies is permined. Off-site
disposal of this material is also permitted sub.iect to the following conditions:
.""
1. Excavation activities shall comply \\ith the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code
whereby off-site removal shall be limited to 10% of the total up to a
maximum of 20.000 cubic yards.
2, All other provisions of said Division 3.5 are applicable.
N::'~)
JUN 0 9 1998
VI-6
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EXECUTIVE SUMMARY
PETITION NO. PUD-96-08(1) MARK MCCLEARY OF COMMUNITY ENGINEERING
SERVICES REPRESENTING WORTHINGTON COMMUNITIES OF NAPLES, INe.
REQUESTING TO REPEAL THE CURRENT VANDERBILT PINES PUD AND TO ADOPT
A NEW PUD TO CHANGE THE NAME OF THE PUD, REDUCE THE MINIMUM LOT
WIDTH REQUIREMENT FOR SINGLE F AMlL Y LOTS, AND REVISE THE NATIVE
PRESERVE PLAN, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF TIlE
INTERSECTION OF CR 951 AND V ANDERBIL T BEACH ROAD FURTHER DESCRIBED
AS LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
OBJECfIVE:
The petitioner seeks to repeal the current VanderbiIt Pines PUD and to adopt a new PUD in order
to change the name to Vanderbilt Country Club PUD, revise the native preserve plan and reduce
the minimum lot width requirement for single family lots from 60 feet to 58 feet, without
essentially changing the land use strategy.
CONSJDERA TIONS:
The approved V 3nderbilt Pines PUD presently allows a mixture of single family and multiple
family residential development in a golf course community. The maximum permitted number of
dwelling units is 800, which computes to a gross density of 2.5 dwelling units per acre. The
replacement PUD updates the Pl.JD to the current formatting policy and references. It also seeks
to change the name of the originally adopted Vanderbilt Pines PUD to the Vanderbilt Country
Club PUD~ to amend the native preserve plan to add drainage corridors within preserve areas; to
relocate preservation and replanting within the Club House tract~ and to reduce the minimum lot
width requirement for single family dwelling units from sixty (60) feet to fifty-eight (58) feet.
There will be no increase in the number of permitted dwelling units, nor will there be an increase
in the previously approved density of 2.5 dwelling units per acre. There will be no decrease in
the size of the previously approved preserve areas.
FISCAL IMPACT:
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 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.
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JUN 0 9 1998
5
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GRO\\TH MANAGEl\fENT l1\fPACf:
,.'.,
'.' ". Future Land Use:
'.... ..1' The applicant is not requt..sting an increase in density or pennitted number of dwelling units. The
':~~~i};:~: rCduction in the minir.lum 11,t width requirement from sixty (60) feet to fifty-eight (58) feet will
. not havc a negative i!,.:'!,,~t on the density or infrastructure internal or external to thc project. For
,.' these reasons, staff is of the opinion that the required findings for standard al'1d PUD rezones do
'".,. ,...;. . not 'apply in recognition of the fact that when the ploperty was initially rezoned, the decision to
;;'~" '" ' approve the Vanderbilt Pines PUn was based upon a prepondenmce of evidence and conditions
~;,; w~cb suppoit the required findings for both standard and PUD rezoning actions.
, :
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'mstORlC/ARCHAEOLOGICAL IMPACT:
, Staff's analysis indicates that the petitioner's property is located outside an area ofhistorica1 and
arch8e()logical probability as referenced on the official Collier County Probability Map.
TherefOre, no HistoricaV Archaeological Survey and Assessment is required.
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~'J<.~ ~~ ) '-; /J c(
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P IP AL PLA~"NER
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PLANNING COMMISSION RECOMMENDATION:
The ccpe voted unanimously to recommend that the Board of County Commissioners approve
PUD-96-08( 1) having thc effect of changing to the name to Vanderbilt Country Club PUD;
amending the minimum lot width requirement to allow for fifty-eight (58) foot wide lots for
single family residential; and to amend the native preserve plan to add drainage conidors within
the preservc areas and relocate preservation and replanting within the Club House tract.
'.
DATE
'5, Z:Z.qyf
DATE
RO 0 F. NY O. AICP, MANAGER
CURRENT PLANNING SECTION
~RE. AlCP, DIRE~OR
PLANNINg SERVICES
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VINCENT A. CAUTERO. AICP. ADMINISTRATOR DATE ' -
COIvIMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
:>= 26-f1-
DATE
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Petition Number: PUD-96-08( 1 ) Vanderbilt Pines PUD
This petition has been tentatively scheduled for the June 9, 1998 BZA Public Hearing,
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JUN 0 9 1998
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AGENDA ITEM 7-'
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT &. ENVIRON. SERVICES DMSION
FROM:
DATE:
APRa 28, 1998
RE:
PEIIIIONNO:
PUD-96-08(1) V ANDERBll..T PINES
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OWNER/AGENT:
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Agent:
Mr. Mark McCleary, P.E.
Community Engineering Services
9200 Bonita Beach Road, Suite 213
Bonita Springs, FL 34135
Owner:
Worthington Communities of Naples, Inc.
448 C.R. 951 J
Naples, FL 34119
REQUESTED ACI'lON:
i!' The petitioner seeks to repeal the CU1TeIlt Vanderbilt Pines PUD and to adopt a new PUD, in
order to change the name to Vanderbilt Country Club PUD, revise the native preserve plan, and
reduce the minimum lot width requirement for single family lots from 60 feet to 58 feet, without
essentially changing the land use strategy.
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GEOGRAPmC LOCATION:
The subject site is located in the northeast quadrant at the intersection orCR 951 and Vanderbilt
Beach Road Extension, in Section 35, Township 48 South, Range 26 East, Collier County,
Florida. The entire project site is approximately 320 acres in area.
PURPOSElDESCRIPTION OF PROJECf:
The approved Vanderbilt Pines PUD presently allows a mixture of single family and multiple
family residential development in a golf comse community. The maximum pennitted number of
,dwelling units is 800, which computes to a gross density of 2.5 dwelling units per acre. e /o?e
replacement PUD updates the PUD to the current fannatting policy and references. It at seen
to change the name of the originally adopted Vanderbilt Pines PUD to the Vanderbilt
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Club PUD; amend the native preserve plan to add drainage corridors within preserve areas;
relocate preservation and replanting within the Club House tract; and to reduce the minimum lot
width requirement for single family dwelling units from sixty (60) feet to fifty-eight (58) feet.
There will be no increase in the number of permitted dwelling units. nor wilt there be an increase
in the previously approved density of 2.5 dwelling units per acre. There wilt be no decrease in
the size of the previously approved preserve areas.
SURROUNDING LAND USE AND ZONING:
Existing: The property is undeveloped. Excavation work on site. specifically as it relates to
development of the golf course and roads is currently in progress.
Surroundini:
Zonini
Land Use
North
Agriculture
Undeveloped.
South
Agriculture
Vanderbitt Beach Road Extension
right-of-way
East
C.R. 951 right-of-way
West
Agriculture
Masse?, Street; Undeveloped
GRO\VI'H MANAGEMENT PLAN CONSISTENCY:
The Vanderbilt Pines PUD is located on the north side of Vanderbilt Beach Road Extensionjust
east of the intersection ofCR 951 and Vanderbilt Beach Road Extension. The subject site is
located within the Urban Land Use designation as identified on the Future Land Use Map. Mixed
use residential development may occur on lands designated urban residential on the Future Land
Use Map.
The approved land uses allowed in this PUD are consistent with the provisions of the FLUE
relative to a Mixed Use urban residential land use designation. There are no proposed changes to
the types of uses pennitted or a change in the permitted density or number of permitted dwelling
units.
Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as
structured is consistent with applicable elements of the GMP.
mSTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area ofhistori
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no HistoricaV Archaeological Survey and Assessment is required.
JUN 0 9 1998
2
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EV ALUA TION FOR ENVIRONMENT At. TRAl'lSPORT A TION AND
INFRASTRUCTURE:
.
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This includes a review by the Community
Development Environmental and Engineering staff. and the Transportation Department. These
reviews help shape the content of the PUD document and cause development commitments to be
fonnulated to achieve GMP and LDC requirements. Where the petitioner detennined to
challenge recommended revisions these are identified for final resolution by the Collier County
Planning Commission, and the County's Board ofComrnissioners.
The petition was !ldministratively reviewed on behalf of the EAB and those matters
jurisdictionally with.;n their purview were addressed by staff and to the extent necessary
provisions were made part of the PUD amendment.
ANALYSIS:
This is a PUD amendment even though the process is one of rezoning the land from "PUD" to
"PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve
a level of administrative convenience because it avoids the requirement to track amendments and
their relationship to the original document in order to understand t~ totality of the regulations as .
they apply to the PUD zoning district. The proposed amendment to the PUD to reduce the
minimum lot width requirement for single family residential development, to change the
project's name to Vanderbilt Country Club PUD, and the proposed amendments to the native
preserve plan will not have a negative impact on the density or infrastructure internal or external
to the project. For these reasons, staff is of the opinion that the required findings for standard and
PUD rezones do not apply in recognition of the fact that when the property was initially rezoned,
the decision to approve the Vanderbilt Pines PUD was based upon a preponderance of evidence
and conditions which support the required findings for both standard and PUD rezoning actions.
Relative to the proposed changes in the minimum width requirement for single family dwelling
units from sixty (60) feet to fifty-eight (58) feet, staff does not fmd the proposed two (2) foot
reduction will have a negative impact on properties within the subject project. Because the
property is currently undeveloped, reducing the lot width requirement by two (2) feet will not
have an impact on any existing surrounding property owners. The side setback requirement of
7.5 feet for regular, single family dwelling units will not change. Although the lot sizes will be
slightly smaller, the minimum required separation distance between structures at the side
property lines, as originally approved, will remain the same. Changing the project's name will
not have an impact on surrounding properties, nor will it impact the development itself from a
land use perspective. Those County agencies responsible for reviewing project names did not
find the proposed change to have a detrimental affect on public safety. The proposed
amendment to the native preserve plan will not decrease the amount of preserve area from
was previously approved at the original adoption of the PUD, nor will it substantially alter e
JUN 0 9 1998
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location of the native preserve areas, None of the proposed amendments will have a negative
impact on traffic circulation or utilities.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-
96-08(1) being a petition to repeal the current Vanderbilt Pincs PUD and adopt the Vanderbilt
Country Club PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e.
. PUD document).
PREPARED BY:
~~
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. . PRlNCIP AL PLANNER
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5- '1- 93
DATE
5 · 4. q(~{
DATE
J
~~AICP.DIRECTOR
PLANNING SERVICES DEPARTMENT
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DATE
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VINCENT A. CAUTERO, AlCP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. DMSION
Petition Number:
Stafi'Rcport for May 21, 1998 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the June 9, 1998 see mmin&-
". COLLIERCO~Pump COMMISSION:
MI~It;. CHAIRPERSON
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Explanation of Changes to the Native Preserve Plan
of
Vanderbilt Country Oub PUD (aka Vanderbilt Pines PUD)
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The Native Preserve Plan for the Vanderbilt Country Club PUD has been revised to
address issues encountered during final design of the Golf Course Community. The main
c:banges to the plan include adding drainage corridors within the preserve areas which
aDow for replanting in lieu of preservation and relocation of preservation and replanting
within the Club House Tract based on the final site plan. Additional minor changes to
specific preserve areas also occurred during the final design of the golf course. 0veralJ,
the basic design of the Native Preserve Plan has remained the~e. The total acreage of
native preserve and replanting has been maintained.
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9200 Bonfm Bcacll Road . Suit.e 213. BanJUl Springs. FL34135
. · (941) 495-0009 · {a.~ (941) 495-7934
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PETITION NUMBER
DATE
APPLICATION FOR PUBLIC HEARING
FOR
. POD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
1. Name of Applicant(s) Worthington Communities of Naples, Inc.
Applicant's Hailing Address 448 County Road 951
City Naples
state FL
Zip 34119
Bus.: (941) 352-5348
Applicant's Telephone Number: Res.:
Is the applicant the owner of the subject property?
X Yes No
"
(a) If applicant is a land trust, so indicate and name
beneficiaries below.
X
(b) If applicant is corporation other than a public
corporation, so indicate and name officers and major
stockholders below.
(c) If applicant is a partnership, limited partnership
or other business entity, so indicate and name
principals below.
(d) If applicant i~ an owner, indicate exactly as
---- recorded, and list all other owners, if any.
(e) If applicant'is a lessee, attach copy of lease, and
indicate actual owners if not indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of
contract, and indicate actual owner(s) name and address
preside~tlfW~ecretary - Jeff Darragh, Exec. Vice Pres. - John Gnagey
Vice Pres. & Tresurer - Glenn W. Liebert, Vice Pres. - Larry E. Wilso
Vice Pres. - Glenn Cribett, Vice Pres. - Scott Connell
Vice Pres. - Andrea S~iera, Vice Pres. - Rob Corbett
(If space 1s inadequate, attach on separate page.)
2.
Name of Agent Mar~ D. McCleary
Firm Community Engineering Servi.
Agents Mailing Address 9200 Bonita Beach Road, Suite 213
City Bonita Springs
Telephone Number: Res.:
State FL Zip 34135
Bus.: (941) 495-0009
N~~~YCl)
JUN 0 9 1998
Pn. 9
3.
PUD ORDINANCE NAME AND NUMBER: Vanderbilt Pines PUD. PUD-96-8
. ~ "'
,
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (It space is inadequate, attach on separate page. It
request involves change to more than one zoning district, include .'
separate legal description for property involved in each district.
It property is odd-shaped, submit.flve (5) copies of survey (1- to
400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER' S CERTIFICATION SHALL BE REQUIRED.
,"
SECTION
3S
TOWNSHIP
48S
RANGE
26E
See attached Deed for legal description
5.~' Address or location ot subject property The NE Quadrant
of the intersection of CR 951 and Vanderbilt Beach Road Ext.
,.;.;.
6.
Does property owner own contiguous property to the subject
property? It so, give complete legal description of entire
contiguous property. (It space is inadequate, attach on
separate page). No
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7. TYPE OF AMENDMENT:
2-A. PUD Document Language Amendment
X B. POD Kaster Plan Amendment
-
_C. Development Order Language Amendment
DOES AMENDMENT COHPLY WI'l'H 'l'HE COHPREHENSIVE PLAN:
No If no, explain:
X Yes
8.
.
9. HAS A P'OBLXC HEARING BEEN HELD ON THIS PROPERTY WITHIN '!'HE
LAST YEAR? IF SO, IN WHOSE NAKE? Worthington Realty, Inc.
PETITION #: PDI-97-4
PSP-97-13
DATE: Oct. 2, 1997
Nov. 20, 1997
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DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. X No. IF YES, DESCRIBE: (ATTACH
ADDITIONAL SHEETS IF NECESSARY).
Clearing, Excavation, and Grading for the Golf Course has
been started.
AFFIDAVIT
We, Scott Connell 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 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.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY,
#~ c.~
SIGNATURE OF OWNER
Scott Connell
Vice President
Worthington Communities of
Naples, Inc.
State of Florida
County of Collier
The foregoi 9 Application was acknqwl,-dged b9ifore mE! this
/V/:JJ day of . , 1991- by ~ ~ ' who
rs-per nown to m or who has proauced
SIGNATURE OF OWNER
1~V. JfI~
SIGNATURE 0 AGENT
as identification and who did (did not)
take an oath.
A~1/~. ~
(Slgnature of Notary pUblic)
i) _a_
NOTAR 7cr'1~~Do--
commis ""1NII1IDr ...........
My Commission Expires:
PUO\OO APPLICATION/md/4128
AG
No.
3
JUN 0 9 1998
PII. / I
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ORDINANCE 98-____
.
AN ORDINANCE AMENDING ORDINANCE NUto1BER
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 MAP NUMBERED 863536 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT ~~OWN AS
VANDERBILT PINES, FOR PROPERTY LOCATED ON
THE NE QUADRANT OF THE INTERSECTION OF
COUNTY ROAD 951 AND VANDERBILT B~CH ROAD
EXTENSION, IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 320 ACRES:
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 96-73, AS AMENDED, THE FORMER
VANDERBILT PINES PUD: AND BY PROVIDING AN
EFFECTIVE DATE.
n WHEREAS, Mark D. McCleary of Community Engineering Services, Inc.,
a representing Worthington Communities of Naples, Inc., petitioned the
29 Board of County Commissioners to change the zoning classification of
~ the herein described real property; ~
31 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
31 OF COLLIER COUNTY, FLORIDA;
33 SECTION ONE:
~ The Zoning Classification of the herein d~scribed real property
3S located in Section 35, Township 48 South, Range 26 East, Collier
36 County, Florida, is changed from "PUD" to "PUD" Planned Unit
37 Development in accordance with the PUD Document, attached hereto as
38 Exhibit "A", which ~s incorporated herein and by reference made part
39 hereof. The Official Zoning Atlas Map numbered 863536, as described in
40 Ordinance Number 91-102, the Collier County Land Development Code, is
4\ hereby amended accordingly.
41 SECTIm~ TWO:
43 Ordinance Number 96-73, as amended, known as the Vanderbilt Pines
~ PUD, adopted on November 26, 1996 by the Board of County Commissioners
45 of Collier County, is hereby repealed in its entirety.
46
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47
JUN 0 9 1998
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I SECTION THREE:
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2 This Ordinance shall become effective upon filing with the
3 Department of State.
.. PASSED AND DULY ADOPTED by the Board of County Commissioners of
,>
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5 Collier County, Florida, this ____ day of
6
7 ATTEST:
. DWIGHT E. BROCK, Clerk
9
10
11
12
13
14
15 Approved as to Form and
16 Legal Sufficiency
17
11
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21 Assistant County Attorney
22
23
24 PW-t6-0'111
2S
26
, 1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
BARBARA B. BERRY, Chairman
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JUN 0 9 199B
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VANDERBILT COUNTRY CLUB
PLANNED UNIT DEVELOPMENT
Prepared For:
WOrthington Communities of Naples, Inc.
448 County Road 951
Naples, FL 34119';
Prepared By:
Community Engineering Services, Inc.
9200 Bonita Beach Road, Suite 213
Bonita Springs, Florida 33923
RECEiVED
MAY 111998
Date Received by CCPC
Date Approved by Bee
Ordinance Number
Amendments and Repeal
.."I
PLANNIN8 S!RVlCE!
P U D 9 6 - (f 80 ')
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EXHIBIT A
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VANDERBILT COi1NTR.Y CLUB
PLANNED UNIT DEVELOPMENT
Table ofConteztts
List of Exhibits
Statemeat ofComplimce and Shon Title
P. 1
"'l.,
Section 1. Property Ownership and Description P. 2
i;
Section 2. Project Development R.equiremeDts P. 7
Section 3. Residential Land Use District P.ll . f',
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Section 4. Golf Course I Common Area Plm P.16 (';
Section 5. Conservation I Preserve Area P.18
Section 6, Desip Exceptions I Substitutions P.19
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Section 1. Development CoH11.,:I..~.s P.20
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No.
JUN 0 9 1998
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LIST OF EXHIBITS AND TABLES
Table I - Setbacks, Floor Area and Building Heights
Exhibit I - Location Maps
Exhibit IT - Boundary Survey Key Map
Exhibit m - Natural Resources Maps
i. Wetlands and Vegetation
ii. Soils
Exhibit IV. Aerial Photograph
Exhibit V - PUD Master PIan
Exhibit VI - Conceptual Drainage Plan
Exhibit vn - Native Preserve Plan
Exhibit VITI - Conceptual Utility Plan
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Statement of Compliance
The development oflpproximatefy 320 acres of property in Collier County, IS I PlamJ.ed Unit
Development to be known IS Vanderbih Country Club Pun wiD be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth. Mmlgemem Plan.
The residential and recreational facilities of the Vanderbilt Counny Club PUD wiD be
con$i5teut with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the fonowing reasons:
1. The subjea property is located within the Urban Land Use Designation as indcntified
OD the Future Land Use Map and a base density of 4 units per gross acre is pemtittecl.
The Vmdexbilt Coumry Oub Golf Course Commnnity includes 800 residc:mial mUls
OIl approximately 320 acres for a density of 2.5 units per gross Icre. The project
demity is in compliance with the Growth Mmagemem Plan and is therefore con~~eut
with the Future Land Use Element Policy 5.1.
2. The subjea property is located within the Urban Land Use Designation IS identified in
the Future Land Use Map thereby discouraging wban sprawl IS required by Policy 5.3
of the Future Land Use Element.
.
3. The subject propenys location in relation to comrmmity acilities and services permits
the development's residential density.
4. The projea development is compatible with surrounding land uses as required in
Policy 5.4 of the Future Land Use Elemetlt
5. Improvemems are plamled to be in compliance with applicable land development
regulations IS set forth in Objective 3 of the Future Land Use Element.
.
6. The projea development will result in an efficient extension of connmmity aa1mes
and services IS required in PoJici.es 3.1.H and L of the Future Lmd Use Elemeur ,
7. The project deveIopmcm' is plmmcd to incorporate nanml systems for wUer
lftmI-'gemc:m ill accordance with their n.uma.l fimcdou and capabilities IS req~s;d by
objccdve 1.5 of the Dram.age Sub-1=1~t of the PubJic F'C1lmes EIemetIf.
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Secdoa 1: PIl)J)eny Owuenhq) and DescriptiO;
1.1 Purpose
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11ae puxposc of this section is to set forth the location and ownership of the property,
ad to doIcribe the exilting COIlditions of the property proposecl to be developed UDder
die p~ IlIrDO ofVmderbilt Couuay Club PUD,
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1.2 Lep1 Description:
A by map for the project parcels is included u Exhibit n. The Lepl Descriprloas Ire
u fbllows:
A. Parcell:
The North ono.haJf (NUl) of the Southeast oao-quatter (SE1I4) of the SorttJaealt
0De-qlWta' (SE1I4), of Section 35, TownsIUp 48 South, Range 26 East, Collier
Coamy, Florida.
Parcel 2:
The West oae-haJf(Wlfl) of the Southwest ~er (SWU4).ofthc ~ea~ ..~~
aae-qaarter (SEl/4) of the Northwesc one-quatta' (NW1I4) ofSection 35, TOWIIIIIip ':.;'
48 South, Rap 26 East, Cot6er County, f1orlda.
Puce13:
The East 0I100haJf (Elfl) of tho Southwest OIIO-qUIrter (SW1l4) of the ~ea.
0Ile-quarter (SE1I4) of the Northwest one-quatta' (NWl/4) ofSection 35, TOWDShip
48 South, Rap 26 East, Collier Comtty, FJodda.
Pm:el ~:
TIae North oaHaJf(Nlfl) of tho Northwest oao-quatter (NWU4) of the ~.
aae-qaarter (SE1I4) of Section 35, TOWIlIIdp 41 South, Rap 26 East, Comer
Coamy, FIodda.
Pm:el5:
(A) 11ae North oao-haJf (Nl/2) of tho SoPtbea~ one-quarter (SE1I4) of tho
N~ 0II&0q11IIter (NW1I4) of Section 35, TOWDShip 48 ~ Rage 26 Eat,
eom,r jAvDty, Florida.
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(B) The SocJtbea. ono-quaner (SE1I4) of the Southeast ono-quaner (SE1I4) oCthe
Northwest ono-quaner (NWl/4) of Section 35, TOWDSbip 48 South, Range 26 East,
Comer Couaty, Florida.
Parcel 6:
The Non.h oa.o-haJf(Nll2) oCdIe Southwest ono.quaner (SW1l4) of the Northeast
0D0-qUuter (NE1I4) of Section 35, Township 48 South, Range 26 East, Colier
Couaty, florid&.
Parcel 7:
The South OlIO-half (SII2) of the Northeast ono-quarter (NE1I4) of the Nonbeut
OIlo-quuter (NE1I4) of Section 35, TOWDSbip 48 South, Range 26 East, Col&er
Coaztty, florida.
ParedS:
The North ono-haIf (N112) of the North one-half (NU2) of the Soathea. 011O-
quarter (SE1I4) of the Nonheast one-quarter (NE1I4) of Section 35, ToWDSbip 48
South, Range 26 East, CoDiet Comtty, Florida.
.
Parcel 9:
;
The SCRUb OIlo-haIf(Sll2) of the Northeast ono-quarter (NEl/4) ofdle Soathea.
0Il0-qUUtCr (SEl/4) of the Northeast ODO&q1Wter (NE1I4) of Section 35, Township
48 South, Rap 26 East, Collier Comtty, Florida.
Parcel 10:
The South ono-haJf(Sl/2) of the Soathwest ono-quarter (SWl/4) of the Northeast
0D0-qUuter (NE1I4) of Section 35, T~ 48 South, Rage 26 Eat, Collier
Couaty, Florida.
Parcel 11 :
11ae North oae-IWf(Nll2) of the Northeast ono-quarter (NE1I4) of the Soathwest
0D0-qUuter (SW1l4) of Soctioo 35, Township 48 South, Rap 26 East, Collier
Couaty, Florida.
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The North ono-half (N 1/2) of the N onheaa one-quarter (NE 1/4) of the Southeast
ODo-quarter (SE1I4) of Section 3S, Township 48 South, Range 26 East, Comer
CoUDty, Rorida.
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The South ono-half(Sll2) of the Northeast ono-quarter (NE1I4) of the Southeast
ODo-quarter (SE1I4) of Section 35, Township 48 South, Range 26 East, Comer
CouDty, Florida.
I.
Parce114:
The South ono-half(Sll2) of the Northwest ono-quarter (NW1I4) of the Southeast
ono-quarter (SEl/4) of SectioD 3S, Township 48 South, Range 26 Ea~ Comer
County, Florida.
Parcell S:
The Souch ou.o-half (SII2) of the Southwest ~ (SWl/4) of the Northwest
ODo-quarter (NW1I4) ofSectiOD 3S, Township 4~ South, Range 26 East, Collier .
Coaaty, Florida, exceptiu.g the West 100 feet thereof:
PIrcel16:
TIle South OJIOoIWf'(Sl/2) ofdae Northwest oao-quarter (NWl/4) of the SoudIeut
aao-quaner (SEl/4) of the Northeast ODo-quarta' (NE1I4) of Secdcm 35, Township
48 South, Rmp 26 ~ CoDi<< Coumy, Florida.
Parcel 17:
11ae W ODe-half (81/2) of the Sootbeast ~ (SEiJ4) of!lJe No.rdaeat
aao-quaner (NE1I4) of Scctioa 35, Township 48 South, Rmp 26 East, CoDier
Coaaty, Florida.
Parcel 18:
ne North 0JI00IWf'(N112) of the Southwest ~ (SWl/4) of the ~It
aao-quaner (SE1I4) of Secdou 35, Township 48 South, Rap 26 Eat Collier
Coaatx, F1orida, lea the West 30 feet thercoJ; ad tho W~ 30 feet of tho North
~(Nl/2) of tho Southwest ODo-quarta' (SWl/4) of the Southeast ~
(SE174) of SocIiaa 35, TOWIIliIUp 48 South, Rmp 26 Eul, Collier .to. · W .
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The South ODe-half (SII2) of the Southeast ODe-qu.artcr (SEII4) of the Southeast
osa&-qulrter (SE1I4) of Section 3.5, Township 48 South, Range 26 Ea~ CoDier
County, Florida.
1.3 Propcny Ownership
The propcny is currattly under the unified control of Worthington Cormmmities of
Naples, IDe.
1.4 Gaunt Dcscri:ption of the Property
A Tho project is located. in Section 3.5, Township 48 South, Range 26 East ad
spMi6caDy located It the northeast quadrant of the intersection ofVanderbiJt Beach
Road ExtCD.SioD and Coumy Raid 9.51.
B. The mamg cLusificati.on of the subject property prior to the date of this approved
PtJD Documeat was PUn.
1.5 Physical Dcscriptioa.
tI
The majority of tho project site is located within the Cypress Canal Basin widl the
northwest portion withm the 9.51 Caul North Basin. Although the natural comlO of
draiaap shifts aJoaa the buiD. divide, the cadre cIeveIopmcm will be cbiucI to the
Cypress Caul buecI on recom..~d~ from SFWMD Big Cypress Basia. Staff:
Water managemt.d for the proposed project is planed to be Wet detllftriOD widdn
proposed labs. Overilow cficdtarge is proposed into the ~~g Cypress Canal
F.1cvItiou within the pmjec:l site nap &om 12.0 to 14,8 feet above mea sea level.
The site is Iocarecl in Flood. ZAxao X ICCOrdiDs JO rJlDl Map. 120067 021ID, 120067
022SD, ad 120061 0425D.
The soil types aD. the site i.!Mride Pia.eda fine sad, m..e.t0D.e s:a&IttIta (Ap.l'..Olr.=..~tely
60 peRea1), W'MIIO fiDe IIIId (appro~ IS perceat), HoJopaw 1iu sad,
limeltoae IDbstnta (~.I'tv":"w.eIy 10 peroeat), oY- .fiDe 11II&I (1p9R))(I..waely 10
pcnxIIt), ad OJdsmar 1iDe IIIId, ~o 1UbItlat. (IppIO..=..-tely 5 peRaIt). Soil
dIm~cb were dedvecI &om the soil sarvey of Comer Ccxmty, FIorida..
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1.6 Projecc Description
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Vaderbilt ~ Club PUD wiD be a reside:ttia.l golf course comrmmiry. The project :'i:t:
iDdud~ single &mily and muhi-CamiIy dwelling units encompassed by an 18-h01e golf">j\
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TIais ord~"'ee IhaD be mown ad cited.. the -Vanderbilt CoUZltly Club Plamed thdt
.1>ewJopmeDt 0nIiaace. ·
1.8 DeIIsUy
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Acnqe of tile VIDdabih Country Club PUD is approYinme1y 320 acres ad the
: nDllober oC dwc:Diq 1IDits authoriz.ed to be built pursuIDt to this PUD is 800, The sroa
project deasily, theretore, will be a 't'Iy;mum 0(2.5 tmits per acre.
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SectiOD 2: Proiect Development Requirements
2.1 Purpose
The purpose of this Section is to delineate and generally describe the project pIan of
development, relationships to applicable County ord.inance~ the respective land uses of
the tracts included in the project, as wen as other project relationships.
2.2. Galeral
A Regulations for developmem of Vanderbih Country Club shall be in ICCOrdance with
the COIlteDtS of this d()l'n~ PUD-Plumed Unit Development District and other
applicable sections and pans of the Comer County Land Development Code and
Growth Management Plan in effect It the time ofissumce ofmy development order
to which said regulations relate which authorize the constnlction of improvemcats,
such as but not limited to, Fmal Subdivision Plat, Fmal Site Development PIan.
Excavation permit and Prelirm.,.ry Work Authorization. Where these regulations
fail to provide developmental stIn~ thell the provisions of the most cirm1u
district in the County Land Developmem Code shall apply.
.
B. Unless otherwise noted, the definitions of aU terms sh.aIl be the same IS the
dmnitions set forth in Collier County Land Development Code in effect at the time
ofbuildiag permit application. ..
C. AD conditions imposed and all gnphic material PI'( seated depicting resuictioa.s for
tho development of Vandcrbih CoUl1tly Club shaIl become part of the regulations
wIdch govem the mmnec in which the PUD site may be developed.
D. Unless modified., waived or excepted by this PUD the provisions of other sections of
the CoDier County Land Development Code, where applicable, remain in mn force
and effect with respect to the development of the land wbid1 comprises this PUD.
E. Deveiopmcm permitted by the approval of this pedtioD will be subject to
CCI1a1IralCy review under the provisions of Adequate Pa.b6c Flannes 0rctiDmce,
DMsiaa 3,15 of the Land Developmem Code at the earliest or next to occur of
eithe.r fiul SDP approval, fiDa1 plat approval, or ImiJdmg permit h-at-ce applicable
to this developJDellt.
2.3 DeSGliptiOll of Project Plan and Proposed Land Uses
A The project Master P1m., incJud.ing layout of streets 'and use of land for the various
~
tra~ P ilInstrated graphicaIly by Exhibit "V", PUD Master DevelopmeDt Plan.
There Shall be ninetCCD. (19) land use tracts, an eightCCD. (18) hole golfcourse, water
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JUN 0 9 1998
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mmagemcat lakes md ~IUl~ stRCt rights-of-way, the gcuera1 COD1iguratioD of .~~
wbid1 is shown OD Exhibit "v-. '
B. Land Use Tabulation:
ReIid~
Cab House
Golf CourseICommon Area
Wct1mds
LIkes
load RIW
105 acres (32%)
9 acres (3%)
111 acres (34%)
22.8 acres (7%)
57 acres (18%)
19 acres (6%)
323 Total acres +/-
I. Areas iDustratcclas Jakes CD Exhibit "VW shall be constructed, upoIl *9Pnm!, It
a depth oCtwaIty (20) feet where physicaDy possible. The labs shall be ill the
same lcucral COD.figumion wi eou.um the same geaera1 acreage u shown ill the
Exhibit. MiDor modification to all tracts, lakes or other intema1 boundaries may
be permittecl at the time of P.re1imDwy Work Authorization, Pmi,,,=,,....,,
SabdivisioIl P!at, or Site Development PIa. approval, subject to the provisbas of
Sec:doa 3.2.6 of the Comer County Land Development Code or as ocherwiso
pCl..~iHecl by this PUD docllu....".t
2. An proposed roadways withiu the project wiIl.Pe private.
3, In .dclition to the various aas wi spcci1ic'itcms shown in Exhibit -V-, suda
....::tl-.1'1 as D~UY (utility, private, semi-public, etc.) shaD. be established
wirhm or aJcq the various tracts as may be DCOCIPry.
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2.4 Deaiptioa ofProjec:t Deuity or lDtflJllsity ofI..a.d Use
A. A rnn:nDul"l oC800 Dew P:Sid.-m;.1 dwdIiDg ~ single and muhi-Dmily, shall be
iDdudod in the total project area. The ~g single &mily unit wiD be rc:mowcl.
2.j P~ed Project PIal Approval ~~.....",t,
A PDor to the RCOf&a of. llecorcl Plat, IJJIJ/or Coadom:..ann Plat for aD or pat of
die POD, .6aa1 pllas of aD .req..:......t 4&0'lr~'.NIt, shaJl receive t.P9.nml of the
.,.,ropii.te Collier ComIty IO'\'~ .ln~.1 apacy to ia.sare compJimce with the POD
'fater PIa, the Co1Ier ComIty SubdMIioa Code ad the P~11aws of tile State
afJ01odda.
B. EDibit -V-, POD Muter PIa, l'.Oasdmt~ the ~ed. POD Development PIlL
~aa4 to or ~1oM&e.4 wid1 PUll Aftpnwa!, . ~.h:..~ Sabdivisba Plat, if .~
IppIip;Ie, sIWl be ai,.m:'ted COr the eatire area ccm:recl by tho PUD Muter PIlL . .'
Aay dMsiaD ofpl'Ope&ly ad the cIewJopm=t of the lad shaD be in compliace widi'i
. ~
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Divisioa 3.2 of tho Collier CouDty Land Devclopmem Code and the platting 1aws of
the State ofF1orida.
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C. The pnMsiou.s ofDivisioa 3.3 of the Collier Couuty Land Development Code, \WeD
applicable, shall apply to the development of an platted tracts, or parcels of Jand IS
provided in said Division prior to the issuJDce of I building permit or other
development order.
D. The deveIopmeut of my traCl or parcel approved for resideznia1 developmeDt
ooatemplatiag fee simple owaership o(Jmd for each dweDing unit shall be req.med
to sabmiI. and receive approval of I pP,E...:.lny Subdivision Plat in CODfbrnlllllce
wida requ:tt"'~1 of Division 3.2 of the Comer CoaDty I..IDd Developmem CocIe
prior to the submittal of COI1Stn1ction plans md I fizW plat for my portioa of the
trICl or parcel.
E. Appropriate DutlfoUUlOoIIts will be provided It the time ofinfrastructW'e improve:mcms
reprdjng my dedicmons and method for providing perpetual maiutfll!ftltftCO of
comu...a f.tQ~
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.
F. the lolf course ad related support facilities, coasisbng of DOD-habitable suucmres.
may be deveJopecl prior to the IPProval of Subdivision CoutructiOD PIau ad Plat,
subject to the approval of an .Early Work Agree:mpt by Collier Comity DeveIopme.at
Services Sta1f' and the Board of CoUDty Commissioners.. Use of these fi~~ may
Dot occur umil the req~cd plat is recorded, aD support infrastracture is completed,
ad prdim:.IM')' IcceptmCO for the iwplOYenatl is pmted by the Board ofCoaaty
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2..6 Model Homes IDe! Sales Flcilities
Model homeslmodel home ceDterI inchuiing sales cemer shall be pernftttecl in
COIIjtQctioa. widl the promodoa of the deveJoplDa2t subject to Secticm 2..6,33.4 of the
CoDi<< CoaDty J.ad DeveIopmcm Code.
2..7 .tl~~ to PUD J>oc..~""'V"4 or PUD Muter PIa.
.tl---m..e.>f. may be made to the PUD u provided hi. the Comer Coaaty Lad
DeveIop~ Code, Secdoa 2.7.3.5.
2..8 A~ ofPro9Crt)' Owners for Co"~"-oJl Area p.4'.int""ltftco
.
WIaaIever the ~ elects to create Jmd area a4Jar I'CCI'Catkm ._ftV!IIWft whose
~ JD!. tnNtfllll-ce respcmsibiIity is I <:01UllUll iDterest to an of the sabIeqaeat
parcIauerS ofpl~tl widda aid clevelopmczr.t in MDda the CO.u..u..&alll merest is ~
that cIeve1ope:r eadty shaD provide Ippropdlte 1ep1 iIub....~d. for ~e
Page 9
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a Property Owners' Association whose function shan include provisions for the.
pupetual care and uWntCDIDCC of all common facilities and opeD space subject further
to the provisions of the Collier County Land Development Cod~ Section 2.2.20.3.8.
2.9 Open Space
Based on LDC Section 2.6.32.2, 60 percent of residential developments must be devoted
to usable open spice. The open spice, as defined in IDe Section 2.6.32.1, proposed for
the project is 194 Icres or 60 percent.
2.10 N.tive Vegetl.tion Retention
LDC Section 3.9.5.5.3 requires preservation of 25 percent of naturally fimc:tioaiDg
IIItive vegetation on-site. The section also allows areas planted with 100 percent DItive
veaetation to be included in the preservation area. The project includes 60.6 acres of
native preserve and 10.0 acres ofDltive replanting. These areas constitute an area equal
to 25 percent of the naturally functioning vegetation on the project site.
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SectiOD J: Residemiall.snd Use Distri~
3.1 Purpose
The purpose of this section is to identify specific permitted uses and developmezu
stmcluds for areas desipated on the PUD Master PIa. as " Residll'ntis' " ( Tncu 1 . 7
ad 9. 19).
3.2 MDi.....tl) Dwemag Units
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For the pwpuM; of this aec:cioD " Resid~.1 " is clcfiIled II siqIo .family or mnltir.ftft1y
dweIIia.a 1mits CD the tracu aJlocated to this pUlpose.
A MD:"...{JI N~ of 800 resideutia1 ~Ding DDits may be CODStruCtecl CD lads
d-iF-ted .. Residc:mial It.
3.3 Uses Permitted
~
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No bw1diqg or structure, or part thereof; shall be erected, altered. or used, or Imd used,
iD whole or part, for other than the ronowing:
'.
A PriD.c:ipal Uses
.
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1. SiDgIe Family Dwdling- A buDding which coaWu.s only ODe dweDiDg mUt.
2. Zero Lot LiDe SiqIe Family Dwe1liu.g - A bm"1(J~8 Mid1 ~n., cmJy ODe
dweIIia.amtit when: ODe side lot tine setback is reduced to zero (0) feet.
3, Multi-Family Coadommmr.,I . A lingle structure cout.mn.g 3 or more dweDiq
mdts
B. Accessory Use
1, A~ UICllI ad struccares. iDcIvd~1 private pnps
2. llec::Rctioul uea ad. Au-i~ such II swfm...:... Pools. tamis.courts, dWdrea
PIayIlOuud area. Such ueslhaD be viIaaJIy ad. fbnt'!titwa_ny compatible with
tile acQaCC'Jlt ~ wIIich Iaave UIe olAciJitio&.
3. Attached MaidIGueIt Qaaters made a iatepaI pat olthe maiD PNarce.
3.4 pMd~ Lad UIOIDtepiry:
The mftrMg of'" .family detadaed hoasiDg mms with my other fbtm of amJdpJe
&miIy hOllliRa ~ IIWI Dot be pezomitted within the same plattecl tract of lad
wilen p~ trlCU aUt, or oa. Iota platted for the CApreal pmpose or .cco.....-04~g
tJae plac~n~ of. siDaJo family detached housing UDit.
.
Papll
JUN 0 9 1998
_ P". ,11 _
3,5 Development Standards
A. Oeaeral:
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Except when: Dot~ an criteria listed below &haD. be understood to be in relation to
the indMdua1 parcel or lot boundary lines, betweeD buiJdinp and right-of way lines.
Sechacl:Iyud rcquiremcAu set forth below shall not apply to interior plwe
~dlriea IlOI' interior couclominnmv11omeowner's aaoda:tioD(s) bouDcIaries.
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B. r.rpttftlldft Lot or Parcel Area: '
Lot area is that area Ulipecl to an iaclividual cIweDiq unit. Parcel area is that &rea
.~ed to ID indMdua1 building which may CODtIiD more tbm OIle cIweDiq UDiL
I. SiqIe Family Dwemng- 1200 square r= per lot.
2. Zero Lot Une SiDgIe Family DweDiDg - 4800 square feet per lot.
3. Muhi-fimily Coactomminm. - 1/2 Acre,
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Lot width is chc average width of the lot lIelped to an iDdMdual dweIliq urdt.
Parcel width is chc average width of the parcel assigned to an individual bu1~g
wIakh may CODtIin more than one dwcIIing unit. ~ ,
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C. ltflll!n.../H LotIParcel Width:
1. SiqIc Family Dwemq . F'sfty-eipt (58) feet per lot.
'2. Zero Lot Liu SiqIe Family Dwemq . Forty (40) feet per lot.
3. MuJIi.&mily C.oacf{)IU%~;UdtA. One ImDdrecl (100) fed.
D, M"mimnm Yard R.equh~~s:
l. SiqJc Family DwaIling:
Fraat Yard. TMaty(20) Feet
Side Yud - SIYeIlIDd oa.HWf'(7.5) feet.
Rar Setback - AIleen (15) feet.
Jar Setback tiom lab caatrol clavation - TMIIly-five (25) feet..
.. SIdNIck hila aoJf CO\iitv · TCIl (10) feet
~IIX)' SecbItk. T. (10) &ec.
2. z.o Lot IJDe SIIaIo FtmiIy Dwelling:
FlUId Yard ..1\waty (20) feet.
SkJe Yard . 2'Mo (0) to F'1Ve (5) feet with . H.:n:dbnrt or 10 feet betweea.
StmCturea.
.. Secback · F'dtem (15) feet.
~
~ Setback &om lab coatrol elevation - Twalty-five (25) feet.
1Wr Setback &om pIC coune . Tca. (10) feet
AccellDry Setback - Taa (10) feet.
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AGE
No,
Pago 12
JUN 0 9 1998"
Pa. ~8
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3. Multi-family Dwelling Units
Front Yard . Twmty (20) feet.
Side Y lId - F1.fteen ( 1 S) fect.
Rear Setback. Twmty (20) feet.
Rear Setback from lake control elevation - Twenty-five (25) feet.
Rear Setback from golfcoW'SC. Ten (10) feet
Accessory Setback - Ten (10) feet.
E. ~mimn", Floor Area:
l. Single Family Dwelling - 1000 square feet
2. Zero Lot Line Single Family Dwelling - 800 square feet
3. Mnlt1finm1y CondominilJ~.
Efficicucy. 450 square feet per unit
One Bedroom - 600 square feet per unit
Two or More Bedrooms - 750 square feet per unit
F. O1FStreet Parking and Loading Requirements:
As required by Division 2.3 of the Comer County Lmd Development Code in effect
It the time of building permit application
.
G. MDnnnm Height:
.i
1. Single Family Dwelling - Thirty-five (35) feet
2. Zero Lot Uno SiDgle Family Dwemng - Thirty-five (35) feet.
3, Mnltmrm1y Condomminms_ 3 habitable stories exch1sive ofunclerstory
puking.
H Landscaping and Buffing:
As required by Division 2.4 of the CoDier County land Deve1opma:r.t Code in
effect It the time ofbm1tfm& permit aPPlication..
L Auad1ecl MaidlGuest Quarters
Attached makllJUCSt quarters, with seconcla:y kitebcu faaht;es (i.e. kitchmeue),
sIW1 be subject to the fonowing rcstricti~ Mddl shall be recorded u deed
restrictions:
A Maidlguest quarters shaI1 fo~ I common arthitec:tu.ra1 theme, be aD iDtegn1
~I)C of the main resid=titl stru~ and be ltt.ad1ed by I roo!
.
Plge 13
JUN 0 9 1998
~g:_ ~r ,,"--
B. Only single family dwellings and zero lot line single family dwellings which have .
2,800 square feet or more of air conditioned living area shall be eligible to have
auached maid/guest quaners.
C. Attached maidlguest quarters shan only be ocazpied. by the property owner,
domestic employee of the property owner, or guest(s) of the property owner,
D. Attached maidlguest quaIters arc not a separate dwelling _ and therefore may
not be sold, lea~ rented, interest transferred or conveyed in any way so u to
separate said quaners from the description of the residential unit.
J. Accessory Structures
Accessory structures shaD be constrUcted mnultlDCOusly with or foDowiDs the
con.struction of the principal structure except for I construction site office and model
units.
K. Signs
AD signs shaD be in IccorcLtnce with Division 2.5 of the Land DcvelopmeDt Code..
1... Polling Places
..
.
Pursamt to Section 2.6.30 of the Land Development Code provision shall be made
for the future use of bltilding spice widUn common areas for the pmposeI of
ICCOsm:nodating the function of an electoral polBng place.
AD I~t recorded in the offici&l records of the Clerk of the CJl'CUit Court of
CoDier CoUDty, which shall bo binding upon any and an successors in interest that
acquire OWDenbjp of such CODDDOIlS areas including, but not limited to,
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'-'UIIUUm....um ~ omeowDers allOCl~ or tCUDtl aSlOCiatiOD.l.. j,1IIa
~ shaD provide. for said CO.....uh~ity recreatioDIpubJic buiIdDlgIpubJic ~
or ann'", (X)~ ficffity to be used for a polling place if determined to be
JV'lI'nSIry by tho Supexvisor ofEIections.
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Pago 14
JUN 0 9 1998
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Table 1
Setbac~ Floor Area and Building Heights:
Permitted Uses Single Family Zero Lot Line Multi-family
Standards Dwelling Single Family Condominiums
Minimum Lot or 7200 sf 4800 sf 1/2 acre
Parcel Area
Minimum loti 58 ft 40ft 100 ft
Parcel Wldth
Front Yard Setback 20 ft 20 ft 20 ft
Side Yant Setback 7.5 ft o or 5 ft 15 ft
Rear Yani Setback
- Principal Structure 15ft 15ft 20ft
- Golf Course 10 ft 10 ft 10 ft
- Accessory Structure 10 ft 10 ft. 10 ft
..
- Lake Control Elevation 25 ft 25 ft 25 ft
Minimum Floor 1000 sf 800 sf Efficiency - 450 sf
Area One Bedroom - 600 sf
Two or More
Bedroom - 750 sf
Maximum Height 35 ft 35 ft 3 habitable stories
or Thirtyfive (35) feet
Minimum Distance 10ft 10 ft 20 ft
Between Structures
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Front Yard shall be measured as follows:
A. If the parcel is served by a platted right-of-way, the setback is measured fi:om
adjacent right-of-way line.
B. IfthCtpll'CCl is served by a private road/easement, the setback is measured from the
back of curb (if curbed) or edge of payment (if not embed). AG
No.
Page 15
JUN '0 9 1998
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4.1 Purpose
The purpose of this section is to identify specific developmc:m standards for tho area
d-il"t1ted as golf course I common area and Tract 8.
4.2 Uses PenDitted
No building or structure., or part thereof: shan be ~ altered or ~ or Imd used
ill whole or part, for other than tho fonowing:
A PriDcipaJ Use
1. Eipteea (18) holo golf course and golf can paths.
2. Clubhouse, temporary clubhouse, Cart b~ pro-shop, practice driving rmgo,
maintenance facilities and other customary accessory uses for golf coarsos, tamis
clubs, hoahh spas, equestri.m clubs or other rccrcational faa1ihes
3. Sbuc:cmes Micb house soclal, recn:atioDal, project saJcs. admiaistratiw or
1eW.l4y faciJitios.
B. Aa:essory Uses
.",.
1, Ac:cesscny uses md struetures customarily associated with the priIlcipa1 uses
, eel' .c- cIisbict
pea..-,c m uua .
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2. Rdail estab);du~alll<<ellOry to the ~ed uses of the district such II, bat
DOt IiMtM to, pi( tc::IIIIis ad ~dODaJ rr::Wecl sales.
3. Smail docb, eac:Iomres or ocher stmctares c:casttuc:ted for puIpOIeI of
--._~~ storap, rcueaUOIl or shekcr with appl~riate ~"I ad
'-.d1Clpiaa.
4. ~~fReboanl coartI, tamis courts, ~I pools ad other types of ':..ft'L.r
rea~toall.~tq
5, It~tlllub, ~aiI ~ps ad am.1.r uses mJl!Plded to serve dIIb _ll(~,
.. dDb pea.
6. Opca spece .. ad ~~I;IJ sada II, bat .at limited to, boadwaIb. II.IIIIrC
tails. bibwaJs. 1-41C1pe Dw...aies, I'~ boat ad CIIIOO cfocb. ';"'''a
piers, piaaic area. ~ trails ad lIIe1ters.
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Pip 16
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4.3 Developmall Regulations
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A Principal Struc:tUrCI shall be 5et back a minimum of fifty (SO) feet from all PUD
boundaries and abutting residential districts and a landscaped and maintained buffer
sbaI1 be provided.
B. Aeceaory Structures shall be set back a minitnrtm oftwatty (20) feet from all PUD
boundaries and abuumg residential districts and a landscaped and nutint-iDed bufFer
shall be provided.
c. Structures adjacent to one another shall be separated I minimum ofteD (10) feet.
D. M.IJa t..~~im Heiaht:
'.'
I. Principal Struaures: Thirty-FIVe (35) feet.
2. Accessory Stn1ctures: Tweaty-f"lVe (25) feet.
E. r ~I &cilides shall be Irrmged in a mm!ftel' which will protect roadways and
neighboring properties from direct glare or other interfereDce.
F. GoIfCoursc Caretabts Residence:
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ODe (1) golfcourse c:aretaka's residence shaD be permitted subject to the foJlowms:
1, The residcucc sbaJI be CODItn1ctcd as &1l integral pat of the maiD golf COuI.o
dabhouse fi.c:i6r.y and shaD. be eu.terecl &om within the clubhouse iici1ky. Exits
RlCI,uiu.d to comply wida fire codes shall be permitted.
2. The carebb:z's residalce shaD. be In accessory use and sbaIl be for the ~Iive
use of the propaty owaet, tezwtt, or "-'P-1ed employee opentiDg or
mftM"'""1 the soIf OOw&MJ auJlor its &o~
.
G. The solf COi&&MJ m.MtflftMl~ iici1ky shaD. be ODe hDDdrecl percellt (100%) ba&..ed
&om CIl951 'Wirhhl ODe (1) year of Ift11fttco of. Certi&cate of Occupmcy for the
hniLffttl
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loG
No,
Page 17
JUN 0 9 1998
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S.1 Purpose
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Seedoa 5: Conserwrion I Preserve Aret
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Conservation I Preserve Area - The purpose is to preserve and protect vegetation and
DItUrIIly fimaioDiDa habitat such IS wetlands in their natural state.
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, 5.2 ~ U.. Permitted
/ N:~ buiJtrnJl or stnzch1re or pan thereof; shaU be encced, akered or used, or land USed,
, ....... or ill pan, tor other than the foDowizl& subject to resiol1l1 state and fedeDJ
~whmrcquU~
A. PriDc:ipal Uses:
1. Opea Spaces I Nature Preserves.
2. W81~d..,
3. BoardwaIb ad bridges subject to appropriate approvals by Jk;I.m:U iug
apacies.
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Pap 18
JUN 0 9 1998
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SecdOD 6: Desip EXCq;7tjoDs I SubstitutiODi
6.1 Substitutions to Subdivision Requirements
A An exception from Section 3.2.8.4.16.6 of the Land Development Code is requested
upon approval of the PUD. An extension of the 'Tlni,nn11l cul-de-sac lengths from
1000 linear feet to 3000 linear feet shall be permitted to accommodate the Master
Concept P1m.
6.2 Design Exceptions to Excavation Requirements
A An exception from Section 3.S.7.1.l oC the Land DeveloptrJCDt Code is requested
upon approval of the PUD. A reduction in the excavation setback from SO feet to
25 feet from road right-oC-way and ea~1 may be permitted upon submittal of
n~ry data to suppon the required reduction at the time of PSP submittal or
excavation permit application.
B. An exception from Seaion 3.5.7.1.2 of the Land Development Code is requested
upon approval of the Pun. A reduction in the excavation setback from SO feet to
20 feet from the project perimeter property line if fenced. This reduction will be
reviewed at time ofPSP submittal or excavation permit application.
.
~
C. An exception from Seaion 3.5.7.3.1 of the Land Development Code is requested
upon approval of the PUD. A request to excavate lakes to a depth of20 feet will be
reviewed at time of excavation permit applications. The request will be based on the
fetch formula or a commercial excavation permit for depth.
, ,
.
loG
No.
Page 19
JUN 0 9 1998
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SectiOD 7: Development Commitment!
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7.1 Purpose
The purpose of this Section is to set forth the development commitments for the
development of the project. ;~_
7.2 General
All facilities shall be constructed in strict accordance with Preliminary Work
Authorizations, Final Site Development Plans, Final Subdivision Plans and all
applicable State and local laws, codes, and regulations applicable to this PUD, Except
where specifically noted or stated otherwise, the standards and specifications of the
Land Development Code of Division 3.2 shall apply to this project even if the land ,,;
within the PUD is not to be platted. The developer, his successor and assigns shall be - .. '
responsible for the commitments outlined in this document.
y
The developer, his successor or assignee shall agree to follow the Master Plan and the
regulations of the PUD as adopt~ and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition any successor or assignee in title
to the developer is bound by any commitments within this document.
J
.
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7.3 PUD Master Plan
A. Exhibit V, PUD Master Plan illustrates the proposed development and is conceptual
in nature, Proposed ~ lot or land use boundaries or specia1land use boundaries
shall not be construed to be final and may be varied at any subsequent approval
phase such as final planing or site development plan application. Subject to the
provisions ofScction 2.7.3.5 of the Land Development Code, amendments may be
made from time to time.
B. All ~~sary easements, duiications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities and all common
areas in the project.
7,4 The Development is subject to the sunset and montoring requirements outlined in
Sections 2,7.3.4. and 2.7.3.6 of the Collier County Land Development Code,
respedfully.
, ,
AGE
No,
Page 20
JUN 0 9 1998
Pg. ~~
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7.5 Engineering:
A Desip md c:onstruc:don of an improvemems sb.aIl be subject to complimce with the
appropriate provisions of the Collier County Land Development Code. Division 3.2.
B. Work within CoDier County right-of-way shall meet the requirements of CoWer
County Rigbl-of-Way Ordinance No, 93-64.
7,6 p1ntftm~
A. Pursuant to Section 2.2.25.8.1 of the Land Developmalt Code, it: during the course
of me clearing. excavation or other COIlStrUctioD activity IJl historic or
an:baeological artifact is found, all developmeat widsiD the ...:..imllrn area 1l00000_ry
to protect the discovery shaD. be ;mn'I~e1y stoppecl and tho Comer County Cocle
&.forcemeat Department contacted.
7.7 Utilities:
A. Sewage collection and trJIn$'TlicsiOIl facilities to serve the project are to be d~pecl,
COIlStnlcted, conveyed, owned and maintained in acconLmce with applicable ColDer
County Ordinances and Regulatious.
.
B. AD. customers comlec:ting to the sewage couection facilities will be customers of the
County and will be biUecl by the County in accordance with the County's established
rates.
C. Prior to CODSt:ructioD. pm md. plat approval, . leuer from the CoDicr County
Utilities Division litsftna that the DivisioD 1w reviewed ad approved the water ad
sewer ticiJibes COII.Sb'UCtion dOf.tI..~dl for service to the project sbaJl be subtnitted.
D. Tho project's DeveIoper(I), his '~I'" or sacceaon, sb.aD Il~ a ~t
with .CoIIier Comtty Utili&hl DMIiaa for tile uo oftrelteclsawap ~ widaiIl
the project limits, for irwipdOll purposes. The DewIoper wilt be reIpOI1Sib1e for
tho OD-site c1istribudoD.l)'ItaD from the ComIty'. poiDt of deIiYay syBtem.
E. The utility coutrucdga d<<s'..~4' sbaD be d~ecI to coDoct aD sewap ha . -tter
IiIltatioG prior to ~ to the ComIty'II)'lIhlID. ne DewJapa'a "'reer will
meet widl Comtty lUff prior to ~c:iq COIIItnIC:doIl cIrawiDp to coorcIiIIIte
with the CouIlty'I mi.. 1aWU.
F, The. existiDs off-site sewap trMIamuiMl ti~ of CoDier County UtiJides
Divbioa will be CY'I1ntlt~ to verify capacity for the exteasb. I.1Id COIIIlectiml to the
ProJ~
..
Pase 21
JUN 0 9 1998
~1
Pn.
7.8 TnnspOlUlioD .
A A gatehouse I security fJciIity may be provided within the project's main entry
area(s) but shaD not be located so IS to impede traffic flow OD Vanderbilt Beach
Road Extension or County Road 951.
B, The fair share proponional cost for the sidcwalks/bikepaths along the frontage of the
dc:ve1opmen~ al required by LDC Section 3.2.8,3.17.6, sb.a.U be provided at the time
the right-of-way permit is issued, or at anytime otherwise deemed appropriate by
CoDier County.
c. Aneria1level street lightiDg shall be required It both project access points prior to
the issuana: of the first Certificate ofOccapancy.
D. The developer, or assigns, shall be responsible for a fair share contribution toward
the upgrading of the existing flashing beacon at the intersection of County Road 951
and Vanderbilt Beach Road. In additi~ the developer, or assipc:. shall be
responsible for a fair share conttibutiOD towards the inst.n.tiOD of a traffic sipa1 at
the intersection of County Road 951 and Vanderbilt Beach Road vmea. deemed
appropriate by the County.
E. The developer, or assigns, shaIl provide both, an eastbound left turn lane and a
westbound right turn lane at the V mderbilt neath Road Extension (Eighth Street .
NW) access point. The westbound right turn lane may be deferred tmtiI project
buiIdout (prior to the issuana: of the final Certificate of Occupancy); however, the
eastbound left turn lane shaIl be in plaa: prior to the issuma: of any Certificates of
Occupancy or Compliance.
F. Under the C'dstiDg two-lane condition for County Road 951, the developer, or
1m87's.. shall provide both a southbound left turn lane and a northbound right tum
lme at the County Road 951 access point. Under the fUture four-lane CODdidon for
Coumy Road 951, access may be ~ed to a right-in!ript-out ccmcliticm.. Any
fiIture ftVl1ti_ ope.aing shall be subject to the Couuty's then cumm Access
Management Policy or other appHcable Resolution or Ordinance. Each requi." ed
facility is required to be constructed prior to the issuance of the first Certificate of
Occupancy.
Q, The developer shall provide compfl!nSlting right-of:.way for the turn lanes 0J1 both
County roads. Such right-ot:way shall be provided prior to the issuance of my
Certificates ofOccapmcy or Compliance,
.
H. The d~oper shall provide evidence thAt the existing roadway drainage for both
~ County roads shaIl be adequately provided for in the .
droiaaS. plm. .~ .
Page 22 JUN 0 9 1998
Po. 3&
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L Tbe developer, or auigns., shall be responsible for I f.a.ir share contribution toward
the upgrading of Vanderbilt Beach Road Extension.
7.9 Wlter Management
A A copy of the SfWMD Permit or Early Work Permit with staffreport is required
prior to .final site pIan approval
B. AD Excavation Pctmit will be required for the proposed lakes in ICCOrdmce with
Division 3.5 of the Collier County Land Development Code and SFWMD Rules.
C. A copy of the SIWMD Right-of-Way Permit, if applicable, shall be submitted prior
to final CODStrUction pIan approval
D. Existing off-site flows shall be routed through or around the project. Per SfWMD
Regulations, the design sian be coordinated to prevent adverse impacts to adjacent
properties.
7.10 Environmental
.
A Environmental peuwttwg shall be in accordance with the State of Rorida
Environmental Resource Permit Rules and be Subject to review and approval by
Current PIanniag Environmental Review StatE Removal of exotic vegetation shaD
not be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
B. AD conservation areas shall be recorded OD the plat with protective ccvc:aams per or
similar to section 704.06 of the Florida Statues. Conservation areas shall be
dedicated OD the plat to the project's homeowners' association, or like entity, for
ownership and maintc:nmce responsibilities and to Collier County wilh DO
rapoasibilhy for mainteunc:c-
C. An exotic vegetation removal, monitoring and ma.intc:nmce (exotic-free) plaa fbr the
site, with emphasis on the CODServatioalpreservatioa areas, shaD be sabmiIted to
Cum:at Plmming F..miroamcmal Review Staff' for review ad approval prior to final
sire plantlCOllSbUction plaa approval.
D, A tweDty-five (25') foot wetland bufFer (miniml1ft1 15', I'Va'Igo 25') shaD be provided
arouad isolated wetlands.
.
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E. ~Oj)er shall comply with the gujd~es and rec;on...~datiODS of tho U.s. F15h "
WiId1ite Service (USFWS) and Florida Game and Fresh Water FISh. Commission
(FSFWFC) regarding potential implcts to protected wildlife species,
No.
Page 23
JUN 0 9 1998
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EXECUTIVE SUMMARY
ADOPT AN ORDINANCE AMENDING ORDINANCE NO, 97-17, THE COLLIER
COUNTY STANDARDS AND PROCEDURES ORDINANCE, BY ADDING A TABLE
OF CONTENTS; AMENDING CERTAIN LANGUAGE CHANGES IN SECfION ONE,
FINDINGS AND PURPOSE; SEcrION SIX, DEFINlTIONS; SECflON EIGHT,
CONSTRUC110N APPROVALS AND DOCUMENT SUBMISSION; SECI10N
ELEVEN, TECHNICAL STANDARDS FOR WASTEWATER FACILITIES; SECI10N
TWELVE, TECHNICAL STANDARDS FOR WASrEWATER TRANSMISSION AND
DISTRIBUTION FACILITIES AND NON-POTABLE IRRIGATION SYSTEMS;
AMENDING APPENDIX "e" SANITARY SEWER SYSTEM DETAILS; APPENDIX
"D" WATER DiSTRIBUTION DETAILS; AND APPENDIX "E" WATER METER
SIZING EXlUBITS; PROVIDING FOR CONFLICf AND SEVERABILITY;
PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECI'IVE DATE.
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OpJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance
No. 97-17, the Collier County Utilities Standards and Procedures Ordinance.
'V
CONSIDERATIONS:
1) In 1997, the Board of County Commissioners adopted Ordinance No. 97-17, the cunent
Collier County Utilities Standards and Procedures Ordinance, thereby establishing certain
development procedures, technical specifications and legal documentation for the construction of
water and wastewater facilities within the Collier County Water/Sewer District and other
portions of the unincorporated area of Collier County.
2) The proposed revisions to Ordinance No. 97-17 are a cooperative commitment to assure the
ordinance is amended to reflect the constant changes to design and maintenance standards. The
amendments address consistency. clarification and refinement to minor technical, operating, and
procedural matters.
3) Staff has worked with the Development Community, the Utilities Code Sub-Committee,
Technical Working Group of the sub-committee, and the Development Services Advisory
Committee in the development of the Collier County Utilities Standards and Procedures
Ordinance. Both of these entities have approved the proposed Ordinance amendments and are
recommending adoption by the Board.
4) The County Attorney's Office has reviewed the proposed Ordinance amendments and have
found the amendments to be legally sufficient. The proposed Ordinance amendments have been
110, frtcx~
JUN 0 9 1998
PG. ,
S>:TheplOpoied revisions include minor changes to technical 4etail drawings, clarification of
~. ,', t ;.~:' for variance approval, technical updates for wastewater collection facilities,,'
;i; ';:~.~. . ct8rmCation: of bacldlow aDd meter testing requirements, updates on water main clearance
~~.i{.r'~~, ,'.~: ~refinement of meter sizing methodology and a table of context to original ordinance, ,"
r.~~::?~:"" : ;'r' " ' , :,:.; ",' ' ' ~
~.:;,~::':" . ,GROWTH l4&NAGEMENT IMPACf: Adoption of the Amendments to the Collier '"'
l~:~~ '"', 'CoUnty UtilitieS Standards and Procedures Ordinance will provide for continued compliance with '
~r . the County'. Growth Management Plan, while enhancing overall design and construction quiliiY,~:
;1.: ,;, ", and ~mtifting procedures affecting the Development, EngjnPMi.ng and Construction:,
'~H/:' '," Communities.
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Executive Summary
StIndards/ProCC Amends
Page 2
publicly advertised for the proscribed period of time as required by Florida Statute. All other
legal requirements have been met.
:1" :l' ~ ' r:~
FISCAL JMP ACf: Adoption of the Amendments to the Collier CoWlty Utilities Standards and "
Procedures Ordinance will have no initial fiscal impact to the CoWlty. Through adherence to the"
provisions of this Ordinance, the current and future customers of the Collier County Water/Sewer
District will realize savings through increased longevity and reduced maintenance and
. replacement costs.
RECOMMENDATION: Staff recommends that the Board of County" Commissioners of
Collier County, Florida, as the governing body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water/Sewer Distri~, the Marco Water and Sewer
District and the Goodland Water District adopt the amendments to Ordinance No. 97-17, which
is known as the "Collier COWlty Utilities Standards and Procedures Ordinance".
Pleparcd By:
Reviewed By"
RmcwedB~~
Ed Ilschncr, Public Works Administrator
Date: ~9!
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1 ORDISANCE SO. 98._
2
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4 AN ORDINANCE AMENDI~G ORDISASCE NO. 97-17 BV
5 ADDISG A TABLE OF CO:'ll'TESTS; MAKISG ~flNOR CHANGES
, TO SECTION ONE. FI~DlNGS A~D PURPOSE; MAKISG
7 MINOR CHANGES TO SECTIOS SIX, DEFlSITIONS; ADDING
. AN EXCEPTION TO SECTIOS EIGHT, CONSTRVCTJOS
9 APPROV At AND DOCUMENT SUB~flSSION; MAKING ASTM
10 SDR 26 THE APPLICABLE WALL THICKNESS STANDARDS,
11 AMENDING SEP ARA TIOS DISTANCES BETWEEN MA."IiHOLE
12 DlST ANCES FOR PIPES WITH A DIAMETER GREATER THAN
u FIFTEEN INCHES, AND ADDING AN EXCEPTION TO
14 MINIMUM INSIDE DIAMETER FOR WET WELLS; AMENDING
15 SECTION TWELVE TO ALLOW C-900 PVC RISERS FOR NON-
16 ROADW A V AND NON.P A VEMENT APPLICATIONS AND
17 REQUIRING THAT MASTER METER ASSEMBLIES BE BUILT
18 TO DESIGN DETAILS; ALSO EST ABLlSHtNG MINIMUM TIME
u LINES FOR CALIBRATION OF METERS; AMENDING
20 APPENDICES "C, 'D' AND 'E'; PROVIDING FOR INCLUSION
21 11'\'T0 THE CODE Of LAWS AND ORDINANCES; PROVIDING
22 FOR CONFLICT AND SEVERABILlTV; PROVIDING AN
23 EffECTIVE DATE.
24
25 WHEREAS. the Board of County Commissioners of Collier County, Florida. as the
2' Go\'eming Bod)' of Collier County and Resolved a.s Ex.officio the Go\-eming Board of the
27 Collier County Water -Sewer District. the Marco Waler and Sewer District and the Goodtand
21 Waler District. ha.s detennined that it is in the best interests of the public's health. safety. and
:29 welfare 10 amend Ordinance No. 97.17. to reflect changes in Florida law1 and regulations.
30 NOW. THEREFORE. BE IT ORDAr.-:ED BY THE BOARD OF COUNTY
31 CO~f~nSSIONERS OF COLLIER COlJ}iTY. FLORIDA. AS THE GOVERNING BODY OF
32 COLLIER COUNTY AND RESOLVED AS EX.OFFICIO THE GOVERNING BOARD OF
33 THE COLLlER COtINTY WATER.SEWER DISTRICT. THE MARCO WATER AND
34 SEWER DISTRICT AND THE GOODLAND WATER DISTRICT. that:
35
36 SECTIO:"4 O:"4E: That Ordinance No. 97.17 is hereby amended 10 read a.s follows:
37
31 ~OLLIER COUNTY UTILITIES
39 STANDARDS AND PROCEDURES ORDINANCE
40
41 TABLE OF CONTENTS
42
43 SECTION ONE: "...,.,. FINDINGS AND PURPOSE
4 4 SECTION TWO: .....".. TITLE AND elT A TION
45 SECTION 1ltREE: .,.,... APPLICABILITY
46 ~ECTION FOUR: ""... . WATER At\D SEWER ORDINANCES AND RESOLUTIONS
47 SECTION FIVE: ......,.. SERVICE AREAS
48
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TABLE OF CONTENTS
~ .
) SECTION SIX: .......... DEFINITIONS
4 SECTION SEVEN: ....... POLICIES AND STANDARDS
5 7,1 l'tilit... Service: Availability
, 7,2 FDEP Pmnits
, 7.3 [ks;lJn and Perl'onnance Standard Manuals and Publications
1 7,4 Utilitv Leasn
, 7,5 Construction Obsavation and In$pCCtion
10 7.6 Utilities Convcyance and AcceptanCe
11 7.7 Utility Easement
12 7.8 Buildin2 Pmnits-Connection Fen and Chanzes
13 7.9 Certificates orOccwancv
14 SECTION EIGHT: .,....' CONSTRUCTION APPROVAL .t DOCUMENT SUB~ISSION
15 8,1 Gent'T1.1
u 8,2 Construction Documents
11 8,2,1 Preparation or Construction Doc\mm1I
11 8.2,2 p~ubmittal ConfemtCe
19 8.2.3 Subminals
20 8,2,4 Schedule ofFee1 and Char2es
21 8,2.5 Plans. SDeCifications and Cost Estimates
22 8,2,6 OrdinanccSQ-1I2
23 8.2,7 Riehts-of.Wav Pmnits
24 8.3 Fire Control District ADDfOVal
:I 5 8.4 Plats
26 8,5 Utilities Perfontlance Security
27 8,6 Construction Commencement
21 8,7 Construction Document Modification
2t SECTION NiNE: . ",... CONSTRUCTION OBSERVATION AND INSPECTION
30 9,1 General
31 9,2 Pre-Construction ~1retinl!.
32 9,3 Construction ScheduJinlZ
33 9.4 Construction Observation and InsOC'Ction
34 9,4,1 Qsnml
35 9,4.2 Construction InsOC'Ctions b... County
36 9.4.3 Preliminarv Insoections
37 9.4,4 Finallnsocctions
31
H SECTION TEN: .....".. UTILITIES CONVEY A!':CE PROCEDURES
40 10.1 General
41 10,01.1 Water Line Acc~ance
42 10.01.2 Gra,,'itv Sewn line Acceptance
43 10.01.3 Lift Station and Force Main Accet)tance
44 r ABLE OF CONTENTS
4S 10.2 Conw~ Documents
4' 10.3 Inmection
4' 10,4 Record Construction Drav.inn
41 10,S Bacterial Analvsis
4' 10,6 Final Costs
so 10.7 Test Results
51 10.8 Lift Station Svl?minals
5:1 10.9 Recordation Fen
53
54
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WASTEWATER F ACltlTlES
TECHNICAL STANDARDS FOR
SECTION ELEVEN: ~~I .
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II 2 OraVltV _ P'
. I Ductile Iron ltlC .
I 1.2, . I Chloride PltlC
I \.2.2 Poh'V1ny. _
11.3 ~~~I Mai~i1.e Iron Pi~de Pioe
11 3.2 PolYVInyl ~Ion and Installation
. Pioe Handllni- Storaee _
11.3.3 _
11.3.4 Valvinf
Bcddi", and BI'C~fill
11.4 - n.........-:na
11.4.1 ,"","'."""
Manholes en Covm
Castinp and Acc_
Lift Stations
11.7.1 GenmI
11.7.2 Wet Wells
11.7.3 Valve V.uh
11.7.4 Pum':r II Eaui~t
\ \.7.5 Wet ~__
11.7.6 V.lvtt
7 Emenzencv BYI)ISS
11.7. C 1101 Panel
11.7.. Pump _01'1
11 79 Disconnect
11:7:10 EI~c Met~ce
\1. 7.1 I Electric ~_
11.7.12 Pump ~nn.2
11.7.13 LlJhtmJn, Wiri~
11,& ~'Cf Lal:~ Main Extension Stubs
1 1.8.1 hi'
11,9 Air Release Assem les
II.IO-Y.alm
11,11 Jau 1 filtrationlExfiltration ,
1\,\ 1.1 _n . ~Tr1 . Visu.111nmech0n5.
11,11,2 Gra~tv Sewers. T e1n-ision Insoedlon
11,11.3 Gravltv --;- ressure Testintr
11.1 1.4 Force Main ~ with Other Facilities
11.12 Connicts and Clearan OR WATER TRANSMISSION
. . TECHNICAL ST ANDARD~[~I11ES AND NON.POT ABLE
42 SECTION TWELVE. .... AND DISTRIBUTION FA
u IRRIGATION SYSTEMS
12.1 Omenl.. and Fittin2 Materials
122 Water Plplnt _ _ .
. Ductile Iron PIpe .
122,22'21 Pi oe and Fitti", Rest~lnts
I , . . I Chloride Pipe
12.2.3 p~l~nY e and Installation
Pioe Hllndhna. _torq
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Castinn .
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12.1 Connection5to Existin2 Facilities
12.2 Conflict Crossinll.
12.3 t-ir Release Assemblies
12,4 Bacterial Sample Points
12,5 Conc~te Collars
12.6 Water Main Encasement
12.7 Water Meter Installalion
12,1 Yalvin2 Reouimnents
12,9 Facilities Location
12.17.1 Water System Lr,'ou1 Criteria
12.17.2 Water System Main Sizinll. Qe,im Criteria
12.11 Fire Service
12.1 1.1 Residential
12.11.2 Commm:ial and Other Non.Residential
12.11.3 Tntina
12,19 Testinsr and Clearance Procedures
12.19.1 T~ Metm
12.19.2 Line Fillin2
12,19.3 Full Bore Flush
12.19.4 Chlorination
12. t 9.S Post Chlorination Flushes
12.19,6 Bacteriol02icals
12.20 Laboratory Testin2 and SamDle Collmion
SECTION THIRTE~: ... AMENDMENTS
SECTION FOURTEEN: ... PENALTY
SECTION FJFTEEN: ..... REPEAL OF ORDrNANCES AND RESOLUTJONS
SECTION SIXTEEN: ..... INCLUSION rN THE CODE OF LAWS &. ORDINANCES
SECTION SEVENTEEN: ,. CONFLICT AND SEVERABILITY
SECTION EIGHTEEN: ... EFFECTIVE DATE
APPE~DIX A . STANDARD LEGAL DOCUMES'TS
APPENDIX B . CONVEYANCE DOCUMENT CHECKLIST SECTION
APPENDIX C . SANlT ARY SEWER SYSTEM DETAILS
APPENDIX 0 . WATER DISTRJBUTlON DETAILS
APPENDIX E . WATER METER SIZrNG
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3t SECTION ONE.. ~NDtNGS AND PURPOSE
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It is the intenl and purpose of this Ordinance to promote. protect. and impro\'e the health.
safety and welfare of the citizens of Collier County by the establishment. herein, of standards and
procedures for the construction. development. maintenance. and operation of safe. reliable \Ioater
and wastewater systems. that meet the demands or Collier County's rapid land dC\'elopmcnt and
population gro\l\.1h and that an: constructed. develc.-ped. maintained and operated according to the:
latest technical and professional standards, This Ordinance, therero~, establishes minimum
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utility requirements for development of water transmission and distribution and for wastewater
2 collection and transmission facilities within the unincorporated areas of Collier County. Florida,
1 This Ordinance ensures that. with respect to all utilit)' corutruction perfonn~ reliable and
4 economical utility Kn'ices shall be pro\'ided to users of the water and/or w'aStewater s)'stems
5 within Collier County, All requirements set forth herein are in conjunction with supplemental to
6 the Collier County Land De\'c1opment Code, (the "LDC). to the Collier County Gro"1h
7 Management Plan and 10 such other applicable Collier County Ordinances. Resolutions and/or
8 regulations as are related to land development and/or subdivision oflands "ithin Collier County,
9 The administrative procedures. ordinances. policies and technical standards contained herein. as
10 they apply to the e:ottension andlor de\'elopment of water and/or "'aStewater facilities and utility
11 Knice. shall take precedence if in conflict. over those contained in the LOC. The Public Works
12 shall review \'ariatioru. from the standards and procedures established herein. which are brought
11 about by lIRilt'" IRII'9f innovative applications of design principles/solutions to indi\idual
14 projects, Upon such m;ew. the Public Works Administrator. in his discretion. may appro\'C
15 such variations. provided that. such \'ariation shall not result in system/facility operation or
16 maintc:n:mce perfonnance that is less Ihan that which would be provided. in this Ordinance. if
17 recognized. accepted standards are used. and provided funhcr that such variation promotes.
11 protects, and improves the health. safety and welfare of Collier County. Florida.
u The Collier Count)' Water-xv.er District Utiliti" gi';isieR, established in February
20 1977. by the Board of County Commissioners, "'as created for the following purposes: 1) to
21 dC\"elop safe. reliable and financially self.supponing potable water and sanitary sewage systems
22 which "ill meet the water and sewerage needs of the rapidly dC\'eloping areas of Collier County;
21 2) to ensure that existing and future water and.'or wastewater utility systems are c:onstruCted.
24 operated and managed at the minimum cost to users and "ith no direc:tlindirec:t financial aid from
25 the General Fund; and 3) to develop water and/or wastewater systems requiring the most
26 reasonable operating and maintenance COSIS,
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28 S[CTIO~ SIX: D[FI:"iITIO~S
29 6.J2 Public Worb DMsion' Division of Collier County comprised of \'arious
30 depanments including Water and Wastewater Departments, Public Works is responsible for the
11 management. operation and maintenance of the Collier County Water-Sewer District. The Public:
)2 Works Division. tOt-ether with the Community Development and Environmental Services
J) Division shall have the responsibility for appro\;ng water. "'aSte....'lIter. and, in some cases.
34 effluent irrigation system requests and the engineering evaluation. including the design and
15 construction for all County-owned "'liter, waste"'lIter and effiuent irrigation systems as outlined
)6 "ithin this Ordinance, Requested 1I"';lt;8" variation{s) from the requirements of this Ordinance
)7 shall be referred to the Water and Wastewater Departments for resolution and require a wrinen
38 response from the .""rs"fiatt DiRfter Public Works Administl'1lltor in order to be implemented.
Word~ unckTti"N ~ ~~; words _,II "'''WI'' are cklctcd,
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JUN 0 9 1998
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2 SECTIOS EIGIIT: CO:'iSTRUCTIO:'" APPROVAL A:"'D DOCUMENT SUBMISSIO:'"
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8,2 Construction Oocum~nts
8.2.5 Plans. S~cifications and (ost Estimate,
o Pl3n and profile sheets shall indicate the horizontal and \.~rtical locations for
:III w:lter and/or wastewater improvements. including all appurtenances. as
well as. oth~r propost'd and/or existing facilities. together ~ ~ all
conOicts in the same I!enenllocation. Special profile sheets shall be required
when uniqu~ situations or complex conflicts occur that cannot be clearly
detail~d on standard plan and profile forms. "'ith,... .",.i.", ,..erofiles
shall be positioned on the sheet directly below the plan section they an:
illustrating. with the cxcmtion of utilities which will not be owned and
m:lintained bv Collier CountY. For such utilities that are not owned and
maintained bv Collier County. orofiles shall be DrOvided, but do not have 10
be positiorlC'd on the sl1m directlv below the clan section.
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17 SECTIOS [LE\'E~: TECH~ICAL STANDARDS FOR WASTEWATER FAClUTJES
18 11,2.2 Pol)'.in).( Chlorid~ Pi~, All unplasticized PVC pi~ shall be of the intepal wall
u bell and spigot joint l)'~. which mCC'tS or exceeds aJl requirements set forth in
20 ASnf 03034. lat~st revision. Minimum wall thickness shall conform to PR ]S
21 ASnf SDR 26. Fittings shall be made ofPVC plastic IS defined by ASTM SDR 26
22 1784. latest revision. ductile mechanic:a1 joint A WW A CIS3 cr restrained joints if
23 specified by the Engin<<r of Record, Flexible aasltetc'd joints shall be compression
24 t)'PC conforming to ASTM 03201. latest revision. Elastomeric joint aasltcu shall
25 conform to ASTM F477. latest re\;sion. At all conflict crossinI' usina 4"-12"
26 substitute (900 PVc. Class 200. DR 14 and for PVC pi~ 10 and 1arser use DR 25.
27 Special pi~ adapters used to mak~ thnc connections shall be indicated by type alld
2. model number on the: construction dra\\ings.
29 11.5 Manholes
30 Manholes shall be installed at the e:nd of uch sewer main. at all changes in Jf1de. sim,
31 or horizontal alignment. at all main pipe inters<<tions. and shall be spaced at distances not
3J greater than -400 ~ r.., 19r ........ 1S~ er leM Mil HO rut fer w.'... ,',,, 15 il'l,h.. iA
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33 4iMlI4..., For sanitarY sewers of 15" diameter or less. the recommended ma:'<imum distance
34 betw'<<n manholes is 400 feet. For sanitarv sewers with a di~er JmIter than IS-. the
35 fCCommend~ ma~imum dist3nc~ betweefl manholes is 450 feet. All ends of gravity collection
3' main shalltenninale in a precast manhole. Clcan-outs shall not be permined in lieu of terminal
37 manholes under any circumstances, Manholes shall be of the precasl eonc:rc:te type. utilizing
3' 4000 psi Type 2 cement. with a minimum wall thickness of 8 inches. See Details S-3 and S-4 in
Words und~lined ~re added; "ords "rwr!t Ihrllll" are deleled.
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1 Appendix C for l}"picOlI SI:IOdat'dS, l'se of:m altem:Jle Iype: of manhole must be aJlPl'O"cd b}" the
2 Public Works Division, Inlct and oUllet pip" shall be joined to the manholes ",ith I gasketed
) nc:xible. c:lastomcric boot-t~"pe: w:uertight cOMcction, Joints in all precast manhole riser sections
4 sh3.11 be sealed \Ioilh R3m.~ck. Kent.Sc:3!. or other acceptablc I'\Ibbcr or bituminous sealinS
5 compound, Manhole Sleps \10 ill not be pe:rmined, Only non.pe:nctrating lift holes through precast
6 manholes \Ioill be pcrmined and \Ioill be rcquired to be sealed \Ioith I non-shrink grout, Minimum
7 inside diameter of all manholes sh:lll be 4'.0-. A drop pipe: sh:lll be pro\;ded (Of I 5e'\\W
1 entering a manhole al an elevation of :!~ inches or morc above the manhole invert, Drop
, manholes sh:lll be conslructed \Iollh an outside drop connection using proper finings. The entire
10 outside drip connection shall be encased in concme:. See: Detail S-S in Appendix C (or typical
11 standards, In addition. a smooth channeled transition shall be provided between all invertS
12 within each manhole, All manhole: exteriors shall be double: coated (minimum 11 mils thick)
1) with an acceptable bituminous or epoxy sealer. A minimum design of 0.10 feet of drop from
14 inlet pipe to outlet pipe invert sh:lll be pro\'idcd through all manholes. Due: to the: difficulties in
15 araviry sewer conSU\lCtion. I 25% tolerance: (rom design to as-built conditions on the: drop across
16 the: manhole ",ill be pe:rmissible, All manhole: interiors shall be coated (minimum 36 mils thick)
17 ",ith an acceptable bituminous or epoxy sealer or shall be lined with. high density pol)'c:thylcnc:
11 protective: liner such as .'suregrip- HOPE liner. manufactured by Apu. distributed by U.S.
19 Precast Corp. or appro\'ed equivalent.
20 11,7 lift Sutions
21 11.7 ,2 Wet Well. The concrete structure shall consist of precast reinforced sections
22 conforming to ASTM C.76 and/or C..478. Jalest m'ision. Wall thickness ~I be I" minimum
2) for 8 foot diameter \\oet \Ioells, Wall thickness (or larger wet wells shall conform to ASTM
24 standard for wall thickncss but shall not be Icss than 8 inch in any case. The minimum inside
25 diameter for all \Ioet wells which sh311 be o\\ncd and maintained bv Colliet' County shall be I
26 m As an e"ceotion. a 6 foot diameter wet well can be utilized if the En2incer of Rccord em
27 demonstrate that t~ wet well is sufficient h\"draulicallv and ..-.. the: developer an
21 demonstrate that the lift S1.3tion shall be used for the pe:rpctuaI and c:xcJusive use of !hat particulat
" de\'elopment, ...4 is sf IwA4.itllt silt I. lue,..",ellel...I.1 ~il.....1. For lift stations which ",ill
)0 not be o"'ned and maintained b\' Collier County. the En2ineer of Record shall set the desien
11 soccifications for the wet wc:ll. B3.SC risef section shall be monolithically cast "ith t.:tC base slab,
)2 All concrete shall utilize T>'PC 2 cement and haye a minimwn compressive strength of 4000 PSI
) 3 at 28 days, On new constl'\lCtion. i r more than one hole is abandoned and there(ore required to be
)4 cemented in. a new \Ioet well b3rrcl section must be pro\'ided, Reinforcing stcc:1 for all wet well
)5 stl'\lctufes should be sized by t~ unit manufacturer and verified by the Engineer. All
36 cOMections to the v>ct well for gra..it~' sewer piping shall be equal to those for manholes as
37 described in Section 11.5, All uterior surfxcs shall be double coated (minimum II mils thick)
31 \Ioith an acceptable bituminous or cpoX)' sealer, All riSCT joints shall be sealed utilizing Ram-
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\'.ords undn-li"cd lIrC 3ddcd, ..ords ..",".1 ,~,.",,, IfC dclc1cd,
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Sel. Kent.Seal or other suit.1"I.: biluminous or rubber ~.1linli m:llerial. Reinforc~nt and top
slab thickM1s shall !lC S(l spc'cified b~ the: desi~n En,in<<r for H.20 loadin,s in all cases.
Minimum rrinforc~ slab thid:~ss hall be a inches, Stt Deuil 5-7 in Appendix C for typical
standards, ~ Eniin<<r shall be responsible for dc:si~ninl all wet well structurn to O\'ercome
buoyancy forces ellencd on the installed structure, All wet w~II interiors shall be coated
(minimum 36 mils Ihick) with an ncepublc bittwinous or ~llY sealer or shall be lined with .
hiah density pol~,cthylme liner such IS -Surqrip~ HOPE liner manufac:tumf by Aeru and
distributed by U,S, Precast Corp, or Iprroved cquh-alent.
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SECTlO~ n\'EL \1:: TECH:"iICAL STANDARDS FOR WATER TRANS1'tnSSION
ASD DISTRIBL'TIO~ F ACILmES A.~ NON-POTABLE
IRRIGA TIOS SYSTEMS
12,S Castines
Gale \'II\'e boxes shall be cast iron and be of the adjusublc telescopic type manufacture.
AA Risers localed in roadways or under pavnncnt shall be ductile iron. C.900 PVC riKn may
be substituted for non.roadwa\' or non-N',mJcn1.00ficatiom
12.1 S Wlter Mmr Installation
Unless specified by the Water Dcpanmcn1. all water meters Jarau than r shall be
insuJlcd above Bround, These meters shall be equipped with a backflow prevmtor, insulled by
the Contractor at his cost ~!)'PC of backflow device utilizrd sball be IS manufactuml by
Combraco. Febco. Wilkins.
AIII:lT8e potable meters will be purchased by the OWTICT and installed by the ~Ioper's
Contractor, ~ facilitics' master meter assemblics shall be built in ~ with then Canml
dcsi2n details. Ahem3te desi.ns may be pcnnined upon submission of desien details Cor
review and appro\ll,
12.17 Facilities location
12.17,2 Water S~stcm ~!ain Sizini Desi,n Criteria. Waler sySlCmS shall be
dcsiiflCd to mainl3in adequate flows and pressures and water quality standards n established by
FOEP. using the followlnl criteria:
I) ~si,ns shall assume a minimum opcratinc prenure under peak
hourl~' flows of SO psi. and a minimum operatinl pressure under
peak houri>' flows of SO psi. and . minimum opr:ratinc pn:ssun:
with tire flow under max d3)' conditions of 40 psi, delivemf form
the closest County transmission main to the project.
2) ~ desi,n Engineer shall model the proposed system including.II
dead ends for chlorine dissipiltion assuming. chlorimine residual
of 2,0 mi"l at the entrance point to the project.
The following criteria shall be u~d 10 model chlorimine dissipation unless approved by the
Public Works Waler Director upon the submittal of specitic case data:
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Words "nckrliMd Ire 8ddcd; wonk """I; "'..",,, an dc~cd
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II OccUJ".InC> of 50-.10 account fOf' Ka."-)ft,J1 un.ions "itb 1M load n"Cftly
2 distributtd Ihrour;hout rhe proiM,
t-l A\t'r.I~t OCCU~ ptr d....tlli~ of III for single f.amily and 1.~2 for
4 muhi-famil~ t'St.1~hshc-d by ~ \\'.akr M.astcr Plan and adjUSled (or pc'al
5 -ith I fX10r of 11 or 2.2 shall be used ..bm modeling S)'1Iem
, pffi'Ol'm.'.\n(t,
1 c) Consump<<ion rale of Is... pllons ptr capita for sin@1c (amily and multi.
I family shall be used ..hen ncablishina Ioadinc nIIC'S (or S)'StC'm
, paform.1nCt mockls.
10 dl S)SltmS tNllW rroJlOSC'd to 1M or "ill use altemldC irription IOI.RCS
11 shall 1M SO% if the Ioadin. r'lI1CS (or modcfm, chlorine dissipMkln.
12 t) Tht SWldard~' me is - 0012 0Dm t'ICT hour. 1M IJIalms _~ I
13 static chloriM 1C'\,t1 of ~.O DDm II the taP$)i", DOint in front of. DrOitct.
14 L'sinlZ the d<<av I1Itt and soI\;~ for the damed time from the initW
15 (hIOOM 1C'\'l'lto lht minimum chJoriM 1C'\'l'1 of 0.6 Dt'In in Ibe (on"",'1M:
16 Q,6DD1T1. 2,Ooom 'It n-I-o 01 200m ~~) -> time - IOCD) houri
11 12,18 F irt Strvict
11 All privatt tire stT'\'ict facilities (or sprinkler systmts' wet standpipe sysItmS and
19 privattly-owncd or controlltd distribution systtms shall be metered and shall be installed ",'ith
20 Ippropri3tt backflow pr'C'\'ention dC'\;ct. ~fC'tmnk requirements shall be classified by Ibe t)'pe o(
:u dt~lopment requiring tirt SCf\.ict, The t>Jlt o( mC'tcr1ng dc\ic:e will be specified in the
22 (ollo_inl subsections. sized by the Developer's Engineer and will be purchased. owned and
23 maintaintd b>' the private stT'\'ice owner. The County shall reqW~ all privatcly-o..'ntd ",..Ifi"1
24 linitis 1,,11 backflow devices to be certititd fe, ........, in ICcorc1ance ",im Ordinance No. 97.
25 3J IS amendtd. at the time of installation 3nd on an annual basis by. CenifJCd Back Flow Tester
2' {University of Florida. TREEO C(nltr. l'FTREEO. or equh..lent emification ~l. ....
21 The results ~ submintd 10 the County, Tht Count\' shall n:aui~ all ori~'ltelv-o..~
2. rne1cr1nl! dC'\ict'S 10 be certified for accuracy It the time of installation. Each privatcly-o..'ntd
U rne1ering systmt "ill be ~-calibr.llltd to manuf~ merifications or rcpla&m ..,.;w
30 .,....II.lIr (If .,n...y. at the owners expense. Fire meter drnct'S usiM . Yo" to T' mrtcr1111
31 dC'\ice shall be ~-cllibrattd or rmlac:td t\'CT'V ten wan or rcplxtd immediatelv ~ meter
32 failure. Fire meter devices ~attr than r shall be rt-cllibnntd to manuf'~
33 sDeCifications t\'CfV tht "ears, The County "ill inform the OYtncr by mail prior to the due date.
34 Private owners will ha\t 60 da)'s in which to submit the emilieation mults to ~ Count)'.
35 12.18,1 RtsiJential. Residential projccu such as sinllc (amily. multi.
36 family condominiums. lrailer p;1I'ks. mobilt home parks. C'tc. "'hich utilize. master meter shall
J 1 pass III fire flow through the mettr, The rne1er shall be siud 10 pass ~ domestic coincident
3. dl1lft plus I1Iltd fire flow It the A v..-v.'A pressure loss specifications. On dual "'.ter systems.. fire
.. ~
Words 1IndtrI;~ an lIdd~d; "'ords M.....~ 'hru,h are dc:lct~d.
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1 and domestic nows in str:1rate ri{'(lines dO~llstream of the master meter. the fire line shall ha\"e
2 . Fire Service rated meter. approved b)' the County. with appropriate bac:knove pnmc:tion ~;th
3 the exception o(!'o:FPA sin~le:and two f31T1ily sprinkler applications.
" 12,18,2 Commercial3nd Other Non. Residential, Commercial projects such as
5 shopping centers. malls. r~il industrial buildings. etc. shall ha\'e a Kp3r3te fire SCf'ice
, c:oMection to the water distribution main. ^ Fire Service rated meter. appro\'Cd by the County.
7 ",;th the appropriate hackflow protection shall be i'nstalled on the fire line. The Fire Scnice
. meter and isolation \'al\"es shall be extended above final grade in the manner depicted on Detail
, W.IO or W-II in Appnldi~ D, for meter readin2 ourDOSeS. orivate1v owned metering da"ic:es
10 must lie within a Ctility Easement which will be dedicated separately to the ~ (or the
11 appropriate Water.Sev.-er District or in conjunction ",ith the easements (or any on-sitc utility
12 (acilities.
u The Owner shall purchase:and install an appro\'ed metCf and approved bac:1tflow ~ic:cs
14 at no expense 10 the appropriate Waler.Sev.er District.
15 I J llJ T uti"," ,\111\1\"'" 11'I11 gukA..., IIf11il.. eMlI Ire ...... ..II ....iliN
u ~. C...il1,4 R..tA", Tf!!t" fpjfllf II ",lil\l\ilMlf) .lIllfIWlu... ell.. ."... ....i..
17 12.19 T mini and Clearance Proc:edW'C'l
11 All water facilities shall be subjected to pressure testinl and disinfection c:on(onninl to
l' the A WW A Standards C600 and C60I.latest revision.
20 12,19.1 Temporary Metm:
21 1. T empor.') meters may be applied for by phoning the Water &h..........
22 Distribution office between 7:30 a,m, and 4:00 p,m~ Monday through Friday.
23 under the conditions provided in Ordinance No. ~ n:g as may be
24 a~nded from time to time,
25 2. Temporat)' meters \Ioil1 be installed for the purpose o(supplying c:onstruc:tion
26 \Ioater to meet the County requirement for new water line constrUCtion as listed
27 l-elow and require a minimum of 48 hours ad\-anced notice, AI1 bac:kflow
2. dc\"ices sh:tll be reduced pressure type: and shall be certified in accordanc:c
a with paragraph 12,19"6,
30 ), Temporary meters ",ill be installed by the County personnel as depicted in
31 D 13il W~; for fire protection purposes detail \\"-9 may be aut.~{lri7ed.
32 12,19,2 Line Filling, Lines under construction will be filled utilizina water
33 supplied by the tem~rar)' meter and ~ill be perfonned by the Contrac1or. All lines 12 inches
H and larger shall be pigGed to clcM debris prior to full bore flushing,
35 12,193 Full Bore Flush, Full bore flush ~ill be performed by County Water
3' Distribution persoMe1 .t all tj"," subjeC't to -48 hours advanced notice 10 Water Distn"bution
37 prior thereto, During full bore flushing the Contractor ",ill be pmnined to instal1 a spool piece
Words und~linN are add(d, "'Ofds ~I",.I .t-rue" an dck1(d.
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1 to c\~ the ,ap illustr:lttd in Dcuil W-4" L'pon complelil'n of tM flushin,. connection 10 lhe
2 Count)"s (acilities SNII be retumtd to the confillur.llion sho"n in 0et3i1 W-4,
) 12,19"" Chlorination, Line chlorination "ill he rerformtd utilizina water supplied
4 b). the temporary mt1cr. l~ supply "ater for lhe purpose o( chlorinaling rle"ly construc:ltd
5 potable water lines This proc:tdure "ill be performed b~ the ContraCtor. and requires "S hour
, ~tice to Water goff_AIMIAt Distribtnion prior 10 perforTn3JlCe,
7 I :!.19.5 PI>>I Chlorination flushes, Post Chlorination Flushes shall be performed
1 b)' tM contraCtor ~ IWn& the temporaf)' constrUCtion meter, All chlorine injecttd into the
9 system for disinfection shall be flushed from the system at least 24 hours prior to the collection
10 o( 8acteriolOiical samples.
11 12,196 8actaioloticals, 8.1C1criolOiial sample c:otlection will be perl'ormed
12 usina the "':ster supplitd b)' the temporary mt1er. for S\Ippl)ina pressure durinl sample collection
13 of ~1y constTUCttd potable water lines, This procedUle "ill require ......... notice to the Water
14 Di!triknion office a minimum of 2 days prior to performance. These procedutn 11ft to be
1\ performed on Monday through Thunday. unless other\\ise directN by Water .".....i.M
16 ~. Under No circumstances shall In). person other than an authorized County "'ater
1 '7 ~ [Xp:1nment employee operate \-al\"e5. make 5en"ice taps or tamper ,,;th County
11 distribution facililies. failure to comply ,,;th these requirements "ill place such indi\idual in
19 jeopardy of legal action by lhe County pursuant to County Ordinances or Resolutions in effect at
20 the time o(the \'il>lation.
:n 12,20 Labor:llory T estina and Sample Collection
22 All potable water facilities shall be subject to bactaiolotica1 sample collection and
23 testing as required by Stale law. Sample collection shall be by County certified laboratory
24 lechnicians only. The Contraclor or his agent shall pro\idc the equipment required under 12.19
25 to suppl)' a continuous s.1mple at the points indicated on the enainem construCtion dra,,;np.
26 Sample points ha\in~ ont' da~' tOl:ll of 200 non colifonn b3ctt'ria or greater ,,;11 be considered as
2'7 failed samples, S3mples cont3ining one colifonn bac:tt'rial or greater ,,;11 be considered as a
21 failed sample. All pouble water facilities shall pass bacteriological tests \\;thin IS days o(beina
2' ptactd in service for tr:l1\smission lines and 30 days of being placed in service (or distribution
) 0 lines,
.
II
32 SECTIO:-ol TWO: I:'I'CLt:SIO:"i l:"i THE CODE OF LAWS ASD ORDINASCES.
33 The provisions of this Ordinance shall become and be made a part of the Code o( laws
)4 and Ordinances of Collier Counly. florida, The sections of the Ordinance may be renumbered or
35 relenertd to accomplish such. and the word -ordinance- ma~. be changtd to -section". -article".
16 or any other appropriate word,
37
3.
Worcls "nokrliflfd Irt Idd~: ..ords mu.l l~r'"J" an: dtlcwd,
11
.
IIO.~
JUN 0 9 1998
PG, /3
1 SECTIO~ THREE: COSFLlCT ASD SEVERABILln'.
2 The provisions of lhis Ordinance shall be libcrall)' conslruc:d 10 cff<<th'ely carry out its
) purposed in 1M inlernl of public he:llth. safelY, welfare. and con\'enience, If any KClion. phrase.
4 senlence or portion or Ihis Ordinance is for any reason helJ in\'alid or unconstilution:sl by any
s court of compelenl jurisdiclion. such portion sh:1l1 be d<<med a ~te. distinct. and
, independenl provision. and slIch hold shall nol affecl Ihe \"alidily or the mnaining portions
7 lhereor,
.
, SECTIOS FOUR: EFFECTIVE DATE.
10 This Ordinance shall become eff<<tive upon filing this Ordinance ",ith Ihc Department of
11 Slate. All ptans submitted prior to Board of County Commissioners approval date of Ihis
12 Ordinance will be go\erned b)' the previous Ordinance.
u PASSED ASD DCL V ADOPTED by the Board or County Commissioners of Collier
14 County. Florida. As 1M Oo\'mling Body or Collier County. Florida. and as Ex..omcio the
15 Oo\'eming Board of the Collier County Water. Sewer District. the Marco Waler and Sewer
u District and lhe GoodJand Water Dislrict. this _ day of . 1998.
17
11
19
20
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A lTEST:
DVolGHT 0, BROCK. Clerk
BOARD OF COUNTY COMMlSSIONERS
COLLIER COUNTY. nORJDA. AS THE
GOVER..'lJNG BODY OF COLLIER
COUNTY. nORmA. AND AS EX-
OmClO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT. THE MARCO WATER.
AND SEWER DISTRICT AND THE
GOODLAND WATER DISTRICT,
By:
Deputy Clerk
By:
BARBA~~B.BERRY.ChUnmm
Appro\'ed as 10 rorm and tCJat sufficiency:
:JLu"" ( · \~
Thomas C. Palmt'l'.
Assistanl Count}" Attotm)'
42
4)
44
45
46
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APrESDIX C . SA:'\IT..\RY SEWER SYSTEM DETAILS
2
.
) NOTE: StafT is hntbv authoriz~ to in~r'1 or mno\'~ Ol:Mr dra.in2s and iIIU$U'3tions IS 1m\' be
4 deemed n<<nl3l'\' b\' t~ Public: Worb Di\ision or recuimt bv law,
S
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~n1l!n to Ocuilslncluo.k
Ocuil S. 1
Ik1ail S. 4
pctail S. 12
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Words ~incd lit added; wonb ..,...., IhruSh are c1e1cud.
13
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JUN 0 9 1998
K.
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2
3 fII0TE: Starris hmbv authorized to insm or remove other drawinl!S and illustrations as mav be
'" !kemed n<<6sarv bv the Public Works Division or reQuired bv law.
5
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APPESDlX D . WAfER DISTRIBUTIO:-i DETAILS
6
,
O1anl!es to Details Include~
Oetail W - 3
~tail W.4
Qmil W. 8.
L>etail W. 10
Qetail W.lt
Detail W. 12
~tail W.13
Detail W. 14
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23
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APPE:'riDIX E" WATER ~IETER SIZING
A WWA ST A~.:oARD ~f.~2
t
Water meters shall be sized bv tM dewlooer's enllin<<r in accordance with the latest issue oflhe
American Water Works Association (A WW Al "Si:inr Wattr &n'iu Lints and Meters ".
Manual M.22.
Tht foll<n\in, .ablt has bc-cn taken (rom the A WW A Manual M.22. Table 4.3. It nrovides
,list ofrtXtlftS and 'j),le'po'Itdin~ fixture \'alutS based on 2allons DCr minute flow demand,
Most tvDeS of fh:tures and usn are included to ncnnit the en,inecT to estimate tM DOssible use b,'
rnidenc:n. ofrl('n.. !Chaols. shoopin~ cmter!. and other customers. Ho",~ver, the criteria as set
out sbouJd not ~"e as (ull ass~ tM 1M use "ill not "ceed the estimated demand.
Therefore. the en"M'et should thorowhh' c\'Ilualc lhe customer's future demand and pininlZ
before rcac:hinlZ , conclusion on d~ aotlroonate meter size.
n. f.n''';III il . list .0.,,,,,,,, _4 IMir ""u'Jl,"4ill' ,11I8n1 JNf MillUf' A,tV
..ltllli..Ift.IIU 1M... ffelft .\'J",,'A IftMIiIII H1J '::_1. 0, '811' ....418 I JlfllllWl,fU P,SJ.. "
M 111,4 ill ..."",il'lil'llllw 1"'8"" 1ft..... '8 hI IIIld,
A "'\\'A M22 ManuaL Fin" 4.3
Swnberof
Fixtures
Fixture GPM
Bath'ub-Shower Combo. , , . , , . " ~ ..l x
Bedpan washer , , , " , , , , , , , , , , '. +4 LQ x
Combination sink and tray ",..., .+ 1 x
Dental Unit , , , . , , . , , . , . , , , . , , , x
Dental lavatory .............. . ; Z x
Drinking Fountain (Cooler) , , , , , , , I x
Drinking Fountain (Public) , . . , . , , ~ ~ x
IGtchm Sink: II2~ Connection. , , , 4- .1 x
IGtchm Sink: 3/4" COM<<tion . , , , ~ 1 x
lavatOl')': 3/8" Conn<<tion " " . . , . ;. ~ x
UvatOl'}': 112" Connection, , '. , , , +- ~ x
Laundry Tray: 112~ Connection" . , -4 1 x
lAundry Tray: l'4~ Connection .", ~ 1 x
Shower Head (S~er OnI,.') ,..'" . + ~ x
~"ice Sink: I~~ Conn<<tion ... ... i x
~ic:e Sink: )/4" Connection ... ,.~ 1 x
Urinal: PcdcsW Flush \',he . , " . . 4Q.. II x
Urinal: Wall Mourn " , . "~ ll. x
Wash Sink ( E.lch Set c>f"ahn . , . "+ ~ x
Wa,er Closet: Flush \'~\'C ...... . .4Q II x
Water Closet: Tank Type: " , . , , , , . ..-4- 1 x
-
Fixture
V,lue
25
-
26
27
21
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15
No./..it(,JJ1L
L:!"
JUN 0 9 1998
PC. /7
APPE~DIX [. WATER ~fETER SIZISC
A WW A :\122 ~!anull. Flnn.o
2
)
4
5
,
Dishwasher: 112" Connection, , ,..., -$- j x
Dishwasher: 3/4" COMeclion ......, +4 J.Q x
Washing Machine: 112" COMection . ., + l x
Washing Machine: 3/4" Connection.. .J.+ U x
Washing Machine: I" COMeclion , ,. U ~ X
HOK COMeclion: 3/4" .. .. . .. , .. .. .J.+ 12 x
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51
52
53
54
Combined Fixture Value TOlal.
Combined Fixture Value Total is obtained by multiplyinalhe above gallons per minute
rating by dlc number or similar fixtures and tptalinll to obtain die combined fixture value total.
",,,.. I' .klill "'I ,...1 AI'''' ..II, <*aiR" Pr.II.III. ~II .,. ."I)'i1l11M ....illllll
....... t,.1",. ,.161 I' AWWA "'M"II M1J Fia.... U IIMI ~"" 4 J, UN ..,"""..N.I.... f.
..r..y r.......
After determininl!. the combined fixture value total the mobable domestic demand is
de1mni~ bv loolvin, the combined fixtun: value 'oalto AWWA Manual M.22 Fil!\ft 4.4 or
Fillute 4.S. After obainin. the probable dem.nd. this value must then be mulliolied bv 1,4
(conversion to 65 P S.I.l '0 Drobable domestic Wlter demand in GPM,
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JUN 0 9 1998
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APPE:'oiDEX E . WATER ~IETER SIZI:'oiG
7
lXtermine t('ltal customer dem;md b\' addin2 the foJlo\\inl.!:
Domestic lXmand GPM
Irri~ati('ln lXmand GPM
Continuous Load lXmand GPM
TOTAL CUSTO~ER GPM DEMAr-:D
I
,
AD:plv TOT AL CUSTO~IER GPM DEMAND 10 the ap,proorla1e table below lba5ed on a desi~
criteria of8oo/, ofmcter minimuU'l cap3citv) to obtain final mct~ size.
For aoolications \\;thout irril!ation or other water demand lo~s lhe residential and
c~cial fixture lialue1 in the tables shown below ha''C alreadv been adiusted for the flc:ton
contained in fi2ure .q or .U as \\ell as the conversion to 65PS1.
For desi2n DUlllOses nows throu2h mctef1 shall not exceed Boo/, of meters maximum
caDaCirv .
Fer si"'I'lil1utiel'l "" fell"," il'lltl!!l. hi' II.." 1I"llsfltll w!lillllh, ."e", "....WIt
fi"vrt ".Iwt
021
GPM
flt'.\, Rat.'
021
JS 10
II ao
II lJl
12917S
11' 300
301 '2S
GPM
t 1ftII' giN'
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-
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3' QO
91 )75
17' '300
'301 I tOO
1101 2i250
I"
1 IIJ"
2"
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2S2f I 14 II' Cil"SWIt '\,itA CelliII' Cew,,'Y l'tiliti.. El'lai"flA"1 Pt,I,
REStDE~T1:\l :
Fi'tturo:: \'alues Flow Rate' Me1er Si~
..Q:l.L .2:ll E
l2:l1Q ~ J.:
171.725 ..!l:I2 1.1/1"
726-5200 lli2l Z
5201.19250 U2:llQ ..r:
Fi:OClure Values Flow Rate' Me1er Size'
.2:.l.l 2:li. E
l2:J2. .lHO.. .r:
lkU.t .!l:lQ.. ~
lli:.lli ll:ill r:
521-6600 U2:llQ ..r:
47
41
U
so 'Flow rates '1'14 I'Iltt" Sil!H shown in this table are exclusi\'e of fire flow IAII iA'illti." Aew
51 requimnenu,
52
53 For commercial thture ,'alves of 6.600 and hi,her. multi.familv fixture ''lIlues of 19.250
54 and hillher and for all sinl!l~ fami"" ,ubdi\'i~ions the En2in<<r shall consult ~ith Collier County
55 Public: Works staff,
Words undcrliMd arc add~d: ..ord\ "....1 1~r8WI' ar~ ckktcd,
17
110. zm.rt3.L
JUH 0 9 1998
".--11-
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2
)
4
S
,
7
. SINGLE F A~lIL Y APPLlC:\ TIO~S:
,
10 . For typical sin~Je familv home aoolications.. %M meter "ill be the standard minimum mner
11 siu reauirement.
12
13 . For sinl!le familv homes in elecess of 5.000 sa, ft. Ih'in~ space or more than four bathrooms
14 lhe meter size will be reviewed in accordance "ith the orocedures set forth herein.
15
15 It is understood lhat at the time of tHM submittal i2tS.i1e Plan AporovaJ. all details of the
17 buildina plans have not been finalized and the PNj.- Engineer is estimatinl fixtures. For chis
11 reason the Collier Count)' lJlililiH Public Worts Dhision or assi2nee reserves the riabt to verifY
l' and adjust the ~ appro\'ed meter size at the time of buildinl pmnit application based QpOn
20 the final calculations showinll all water demands.
21
22 ).fit... siMS ,,1"t.1I 'N illt.""'" 18 ~I thl 'M.II" sill ..itlR ..I...i".1 'IMP'Wl' ........
23 All DOtable and irril!ation flow demand shall pass throu~h the smaller side of a compound meter.
24 The larger side of a compound meter is rcscr\"ed for unusually IllBe suraes and/or fll'C demand.
25
2'
27
21
29
30
II
32
)3
34
35
H
37
31
APPE~OIX E . WATER METER SIZING
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EXECUTIVE SUMMARY
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REQUESTING
APPROV AL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 98-5, TO CORRECT A
SCRIVENER'S ERROR RESULTING FROM SAID ORDINANCE NOT ACCURATELY
REFLECTING mE EXACT WORDING REPRESENTED TO THE BERKSHIRE PROPERTY
OWNERS ASSOCIATION RELATIVE THE PROPOSED PERSONAL SELF-STORAGE
FAcn.ITIES TO BE LOCATED NEAR THE N.W. CORNER OF DAVIS AND SANTA BARBARA
BOULEY ARD.
. ~
OBJECl1VE:
The action requested by this executive smnmary is to cause a scrivener's error correction to Ordinance
Number 98-5 to accurately reflect agreements between the petitioner and the Berkshire Property
Owners Association.
CONSIDERATIONS:
At a meeting arranged by Commissioner Constantine staff met with Berkshire Lakes property owner
Mr. Frank McGinty in the Commissioner's office. As a result of this meeting it was detennined that
the petitioner made an agreement with the Berkshire Property Owners Association to reflect particular
wording in the amending ordinance that would govern how the land in question would be developed
with personal self storage facilities.
While staff remains of the opinion that the current ordinance achieves all of the development standards
and commitments made, nevertheless, the actual wording of the Ordinance as adopted varies from
material submitted to the Berkshire Lakes Property O\\ners Association. They remain steadfast in the
belief that the ordinance should be held to the wording of this material.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMP ACT:
None.
PLANNING COMMISSION RECOMMENDATION:
Staff recommends approval of an ordinance to amend Ordinance Number 98-5 resulting from a
scrivener's error to said ordinance.
AG~
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JUN 0 9 1998
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JUN 09:1998
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Proposed Text Amendment
to
SECTION V
COMMERCIAL/MUL TI-USE "C-l"
of the
'.",
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....
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
BERKSHIRE LAKES
.j
A PLA.!'lNED RESIDENTIAL COMMUNITY
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PUD DOCUMENT D TE: m~;:"\
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JUN 0 9 1998
.:0 . .: ;l
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~. ________ L__a_'..1'>- 1 .__ _._L_ ~_.......JU -. -.-. - --._,_........~
~ .. .,."'--."',"""'......"_.,,'",.,;'",~ ..'~.......'~".".."",,_..- .. ,-'.,-" ..... ,"" .. ,,' ,,".. .._, ,- .,..,.....".., ,.,.....""...".., ,... '''.-", .. "....,
S.OI PURPOSE
t
\
SECTION V
-.
COMMERCIAUMUL TI-USE "C-l "
t
The purpose of this Section is to set forth the regulations for the areas designated on
Exhibit "H", Exhibit "H-I", Parcel "F" Master Plan and Exhibit "H-2", Parcel "A" Master
Plan as CommerciallMulti-use.
5.02 PERMlITED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. . Permitted Principal Uses and Structures:
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1. Antique shops; appliance stores; art studios, art supply shops; automobile
part stores; automobile service stations without repairs.
2.
Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; bicycle sales and services; blueprint shops; ."-
bookbinders; book stores; business machine services.
3.
Carpet and floor covering sales. which may include storage and
installation; churches and other places of worship; clothing stores; cocktail
lounges; commercial recreation uses - indoor; commercial schools;
confectionery and candy stores.
Delicatessens; department stores; drug stores; dry cleaning shops; dry
good stores; and drapery shops.
Electrical supply stores;
Fish market - retail only; florist shops; food markets; fraternal and social
clubs; funeral homes; furniture stores; furrier shops.
7. Garden supply stores. outside display in side and rear yards; gift shops;
glass and mirror sales; gounnet shops.
8. Hardware stores; health food stores;'homes for the aged; hospitals and
hospices.
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JUN 0 9 1998
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Ice cream stores; ice sales and interior decorating show rooms.
10.
Jewelry stores.
11. Laundries - self service only; leather goods; legitimate theaters; liquor
stores; locksmiths.
12. Markets - food; markets - meat, medical offices and clinics; millinery
shops, motion picture theaters; museums; music stores.
13. New car dealerships - outside display permined; news stores.
14.
Office - general; office supply stores.
IS.
~
Paint and waJlpaper stores; personal self-storaie cent~ 1n accordanc~
with Section 5.03.09 of this document; pet shops; pet supply shops;
photographic equipment shops; private clubs; professional offices.
16.
Radio and television sales and services; research and design labs; rest
homes; restaurants - including drive-in or fast food restaurants.
17.
Shoe repair; shoe stores; souvenir stores; stationery stores; supennarkets
and sanitariums.
18. Tailor shops; taxidennists; tile sales - ceramic tile; tobacco shops; toy
shops; topicaJ fish stores.
19. Upholstery shops.
20. Variety shops; vehicle rental- automobile only; veterinarian offices and
clinics -no outside kennels.
21. Watch and precision instruments repair shops.
22. Any other use which is compatible in nature With the foregoing uses and
which the Zoning Director determines to be compatible in the district.
B. Permitted Principal Uses and Structures Requiring Site Plan Approval
1. Attached residence in conjunction with business - one (1) per business.
Words...underlined are additions; words stJ't1ck !:Mouth are deletions.
5-2
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Jur~ 0 9 1998
Po. 5
5.03
2.
,
Car wash; child care centers; commercial recreation - outdoor.
.
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3.
Hote], Motels
4. Multi-family residential.
5. Permitted Uses with less than 1,000 square feet gross floor area in the
principal structw'e.
6. Shopping Centers.
C. Pennitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the uses
pcnnitted in this district.
2. Caretakers's residence.
3. Signs as pennitted by the CoIIier County Zoning Ordinance in effect at the
time pennits are requested.
PROPERTY DEVELOPMENT REGULA nONS
5.03.01
5.03.02
5.03.03
General:
e.
All yards, setbacks, etc., shall be in relation to individual
parcel boundaries.
Minimum Lot Area and Dimensions:
Area
Frontage
.
10,000 Square Feet
100 Feet
Minimum Setbacks:
One-half of principal building height with a minimum of:
Front
Side
25 Feet
None, or a minimum of five (5) feet with unobstructed
passage from front to rear yard
25 Feet
Rear
~~ '
Distance between any two principal structures - Ten (10) feet'of~ the sum
of their heights whichever is greater except that in the case of clustered
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buildings with a common architectural theme these distances may be less
provided that a site plan is approved in accordance with Section 2.05.
.
Principal commercial buildings shall be set back a minimum of fifty (SO)
feet from abutting residential districts.
5.03.04
Minimum Floor Area of Principal Structure:
One thousand (l ,000) square feet per building on ground floor.
5.03.05
Maximum Height of Structures:
Fifty (SO) feet.
5.03.06
Signs and Minimum Off-Street Parking:
As may be permitted or required by the applicable Collier County Zoning
Ordinance in effect at the time a permit is requested.
5.03.07
Special Property Development Regulations:
a.
Landscaping, buffer areas and supplementary district zoning
regulations that may be applicable to certain uses above shall be
adhered to unless in conflict \\;th any of the intent or the
provisions specified herein.
b. Merchandise storage and display. Unless specifically permitted for
a given use, outside storage or display of merchandise is
prohibited.
~ Required RIW Landscape Buffer for Out Parcels GraphiC41lx
De.picted on Master Site Plan Exhibit "MSP-l and MSP-l.l" of
this document.
The r:eQuired landscape buffer shall be improved with the
followini:
One (I) shade tree per 25 feet with a minimum heieht at
installation of 14 feet and additionally an averaee of one n) palm
per IS feet with a minimum heiiht of 16 feet and averaiini 18 feet
in heiiht at installation.
A continuous hedie with a minimum ofheiiht at installation of36
N:~~)
5-4
JUN 0 9 1998
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5.03.08
5.03.09
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~es. The hedie layout shaH be se(pentine in plan. This hedie
shall minimally meet the spacini and native spe~ie r~<t~i;~~;~f .
the ColJier County Land Development Code Divisio~ 2~4.
A nowini HuC of(lova:rini sbrubs or aunuals shall ~ ~::~ed
facini the public ri[iht-of-way. parallel to the reQuir . The
Collier County Land Development Code's native ~~i~
requirements shall not be applicable to these additional plantinis.
Conceptual Site Plan Approval
A Conceptual Site Plan in accordance with Section 2.05 of this document
shall be approved for each commercial tract prior to fractionalization of
that tract. If the tract is not fractionalized, a Final Site Development Plan
in accordance with Section 2.06 shall be approved prior to application for
building permit.
Personal Self-Storaie Center
This provides for personal self storaie facilities with hours of operation
limited to between 7:00 am and 8:00 pm.
I ndi vidual busi nessel with iQ the persgnal self stor~ ie cen te; ~~e .
prohibited. Commercial transactions within or from th~ ~~ s al self
storaie units is prohibited. Si~s which identify or link storaie units to
commercial uses is strictly prohibited. There shall be no access ~~
gpeniriis for 'Wait pUQ)ose. frol11 buildinz elevptions i~:~:~
acljacent the perimeter boundaries of the p~cel to be d~v~ e
personal sel f storaie facilitl.
.
This permiUed use shall Qt lilllit~d to the cQrnmercial tract '~i:~~~~~C
northwest comer of Santa Barbara and Davis Bouleva;d~ ~~. 0 t
foHowini additional development standard~;
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Landscaped Open Space:
30 percent minimum
( 2.. Landsc~ped Buffers: Shall be installed consistent with th~
C. / / t-"'~ '''~~ ColIQwiQi development standards and ~ certifjc~te oi~~~::.::~
~ ...1 f 1)14 ~.-.,.. will not be approved for the development prior t~ th~ i__ ~ __~_n of
1 r''' ~,.,,,1. these requirements;
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A. Adiacent Golf Course/Jakes or Utility Facilities:
5.5
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JUN 0 9 1998 !
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~5 foot minimum wiqth and no pavement areas between
property line and principal structures. Within this buffer.
when adiacent to lake frontaie. a 4 foot berm. as depicted
by Exhibit A.] of this document. shall be created adiacent
to any buildini:.
One (1) shade tree per 25 feet with a minimum heiiht at
installation of ] 4 feet and additionally an averaie of one (1)
palm per 1 S feet with a minimum heiiht of 16 feet an~
averaiini 18 feet in heiiht at installation.
A continuous hedie with a minimum heiiht at installatiQn
of 4 feet~ to achieve a heiiht and be maintained at a
minimum heiiht of six feet Vlithin three (3) years. HediC
layout shall be curvilinear in plan layout and shall bl;
supplement by flowerini shrubs.
Plat:ement of mechanical equipment within this buffer is
prohibited.
Interior Parcel Boundaries
15 foot minimum \\;dth.
One (}) shade tree per 25 feet with a minimum heiiht at
installation of 14 feet and additionally an averaie of one (l)
I2A1m per 1 S feet with a minimum heiiht of 16 feet and
averaiini 18 feet in heiiht at installation.
A continuous hedie with a minimum heiiht at installation
of 4 feet: to achieve a heiiht and be maintained at a
minimum heiiht of six feet y,;thin three (3) y~:u-s.
.c.. Adiacent RIW
~ The required landscape buffer shall be improved with the
I . followini=
-
1.
-
.
One (l) shade tree per 2S feet with a minimum hei2b1.J1
installation of 14 feet and additionally an averaie of one (1)
palm per 1 S feet with. a minimum beiiht of 16 feet and
averaiini 18 feet in heiiht at installation.
5-6
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JUN 0 9 1998
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A continuous hedie with a minimum of heiiht at
installation of36 inches. The hedie layout shall ~
sel1'entine in plan. This hedie shall minimally meet tQ~
spacini and native specie reQuirement of the Collier
County Land Development Code Division 2.4.
.
.
A flowini tine of flowerini shrubs or annuals shall be
installed facini the public riiht-of-way. parallel to th~
reQuired hedie. The Collier County Land Development
CQde's native specie reQuirements shall not be applicable to
,I fl~~ / these additional plantinis. An seasonal annufls shall be")
~ t V&" ueplaced annually and properlv maintained. /
~ Master Site Plan
The Site Development Plan (SDP) submitted for approval shall be
ienerally be consistent with Master Site Plan Exhibit "MSP-t and
MSP-l.l" of this document. The proposed structures m~ hf;
phased. however the landscape buffers at the perimeter of the
proposed development shall all be installed in the initial phase of
proiect.
Development of the out parcels as an extension of the il'\Phically .
depicted personal self storaie facility or as an additional personal
self storaie use is prohibited,
~ Architectural Theme
The project's perimeter buildinis shall have an architectural theme
which shall be eenerally consistent with the 8.5 x I I inch copie~ of
the artist's d~iction (renderinis ItA_ Lake View". "A.I-Lands~
Buffer Section" . "B- Davis Boulevard View" and "C" - Median
SiiDaeeJ of the proposed development incl~dine articulated stucco
.( walls. a combination of roofed areas (parapet walls and
~f!~~;y e~~~~~:~n:;~~~~:~
.~ e:- (;\ There shall be no access. for storaie pUt:J)Oses. aloni the perimeter
~ elevations adiacent to the proiect's perimeter buffers.
5-7
JUN 0 9 199B
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illlf ~u _ r~f mgunted air ~ondiliQnin~ eqUiP::' ~~ b.s:
baffled to minimize noise disbursement and to direct ~ i i
from the proiecfs perimeter,
i.
Fencini Within Buffer Areas
Yihen utiUW. exc~pt at entries. shaH be inteirated within the
project's perimeter b~Jfie and the hedie snat] be maintainecUta
miuim~m l1,i~hl pflbe fence IQ vi!illally screen i! from Ibe exteri;
of the proiect. Gates at the entry shall have an architecturaldesi
Quality,
~ Liahtini
Lieh!ip~ fixtures sbplI be inS1alled 10 sbield lake. th~ lolf cou:~
and Ibe ~id,n!ial areO$ h<:Y.llnd !bele areas, Excep! for th~~ . e~
parkiQIl area located adjacen!!o Ibe om" and which is ~SiIL
from Davis Boulevard. parkine and loadine areas shall
illuminated by fixtures mounted on the buildines. Pole fixtures
shall not exceed 16 feet in heieht,
L
Intensity of Developmen~
The i!oss buildini area is limited to a maximum of 130.000
SQ,Uare feet.
Words underlined are additions; words 3truck through are deletions.
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JUN 0 9 199a \
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ORDINANCE NO. 98-
.
AN ORDINANCE AMENDING ORDINANCE 98-5, TO
CORRECT SCRIVENER'S ERRORS IN SAID
AMENDING ORDINANCE 98-5 RELATING TO
AMENDMENTS TO THE BERKSHIRE LAKES PLANNED
UNIT DEVELOPMENT, MORE SPECIFICALLY
AMENDING SUBSECTION 5.03.09, REGULATIONS
FOR PERSONAL SELF-STORAGE CENTERS THAT
APPLY TO THE PROPERTY SPECIFICALLY
IDENTIFIED IN SAID ORDINANCE 98-5; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners adopted
Ordinance No. 98-5, on January 13, 1998, and
WHEREAS, following said action adopting Ordinance No. 98-5,staff
learned that the Petitioner's final draft which was presented to the
Board of County Commissioners contained additional text which was not
incorporated within staff's prepared ordinance which was adopted and
their correction constitutes a scrivener's error.
NOH, THEREFORE BE IT ORDAINED, by the Board of County Commissioners
of Collier County, Florida:
SECT:ON ONE: SCRIVINER'S ERROR AMENDMENT TO SUBSECTION 5.03.09,
REGULATIONS FOR PERSONAL SELF-STORAGE CENTERS
.~
Subseqtion 5.03.09, Regulations for Personal Self-Storage Centers
of the Berkshire Lakes Planned Unit Development (Ordinance 83-46 as
amendedl, is hereby amended to correc~ a scrivener's error by amending
said Subsec~ion to :ead as follows:
5.03.09
Regulations for Personal Self-Storage Centers
Personal self storage facilities ~ which may operate
withir the hours of 7:00 am and 8:00 p~
Individual businesses within the personal self storage
center are prohibited. Commercial transactions within or
from the personal self storage units is prohibited. Signs
which identify or link storage units to commercial uses +9
are strictly prohibited. There shall be no access or
openings for storage purposes from building elevations
immediately adjacent to the perimeter boundaries of the
parcel to be developea-as a personal self storage
facility.
This permitted use shall be limited to the commercial tract
located on the northwest corner of Santa Barbara and Davis
Boulevards as illustrated at Exhibit MSP-1 su
following additional development standards:
-1-
~
I Words struck throuQh are deleted; words underlined a
1. Landscaped Open Space:
30 percent minimum
t
2. Landscaped Buffers: Said buffers shall be installed
consistent with the following development standards and
a certificate of occupancy will not be approved tor the
development prior to the installation of said buffers.
A. Adjacent Golf Course/Lakes or Utility Facilities:
. l~~
25 foot minimum width and no pavement areas between i
property line and principal structures. Within
this buffer, when adjacent to lake frontage, a 4
foot berm shall be created adjacent to any
building.
One (1) shade tree per 25 feet with a minimum
height at installation of 14 teet and additionally
an average of 1 palm per 15 feet with a minimum
height of 16 feet and averaging 18 feet in height
at installation.
A continuous hedge with a minimum height at
installation of 4 feet; to achieve a height and be
maintained at a minimum height of 6 feet within
3 years. Hedge layout shall be curvilinear in
plan layout and shall be supplemented by flowering
shrubs.
,
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Placement of mechanical equipment within this
buffer is prohibited.
.:~
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8.
Interior Parcel Boundaries
.
15 foot minimum width.
One (1) shade tree per 25 feet with a minimum
height at installation of 14 feet and additionally
an average of 1 palm per 15 feet with a minimum
height of 16 feet and averaging 18 feet in height
at installation.
A continuous hedge with a minimum height at
installation of 4 feet; to achieve a height and be
maintained at a minimum of 6 feet within 3 years.
C. Adjacent Rights-of-Way
The required landscape buffer shall be improved
with the following:
Cne (1) shade tree per 25 feet with a minimum
height at installation of 14 feet and additionally
an average of one (1) palm per 15 feet with a
minimum height of 16 feet and averaging 18 feet in
height at installation.
A continuous hedge with a minimum height at
installation of 36 inches. The hedge layout shall
be serpentine in plan. This hedge shall minimally
meet the spacing and native species requirement of
the Collier County Land Development COde, Division
2.4.
.
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Word. .truck throuah are deleted; words
JUN 0 9 1998
are added. I
Pq
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A f!OWlng line of flewering shrubs 0: annuals shall "
be installed facing the public right-of-vay,,:..
parallel to the required hedge. The Collier coun."
Land Development Code native species requirements
shall not be applicable to these additional
plantings. All seasonal annuals shall be replaced
annually and properly maintained.
3. Master Site Plan
The Site Development Plan (SOP) submitted for approval
shall generally be consistent with Master Site Plan
Exhibit ~MSP-l and MSP-IIN of this Document. The
proposed structures may be phased. The landscape buffers
at the perimeter of the proposed development shall all be
installed during the initial phase of project.
Development of the out parcels as an extension of the
graphically depicted personal self storage facility or as
an additional personal self storage use is prohibited.
4. Architectural Theme
The project's perimeter buildings shall have an
architectural theme which shall be generally consistent
with the 8.5 x 11 inch copies of the artist's depiction
renderings ~A-Lake View", ~A-I-Landscape Buffer Section.,
"B-Santa Barbara View" and "C- Median Signage. of the
proposed development including articulated stucco valls
and a combination of roofed areas (parapet walls and
dimensic~al roofed area), and false window treatments as
shown in the above referenced Exhibits which are
incorporated into this document by reference.
There shall be no access, or storage purposes, along
the perimeter elevations adjacent to the project's
perimeter buffers.
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Any rOOf-mounted mechanical equipment shall be
arChitecturally screened from the view of the residential
~~its across the land and golf course. Any roof mounted
alr cond~tioning equipment shall be baffled to minimize
noise disbursement and to direct noise inward from the
project's perimeter.
5. Fencing Within Buffer Areas
Fencing when utilized, except at entries, shall be
inte9rated within the project's perimeter hecl;e and the
hedge ~hall be maintained at the same minimum height as
the fence to visually screen it from the exterior of the
project. Gates at the entry be architecturally designed
to be compatible with the general architectural theme of
the project.
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~~e :~~~~:iPl~ fleri~eter fe:PleiPllJ shall :: ::.",~= =: the:
et ~evelefl~eftt ef the: prejee:t's laPl~s p f r.
tiJlle:
6. Lightin9
Liqhting fixtures shall be installed to shield the lake,
the golf course and the residential areas beyond ;h~e
areas. Except for the limited parking ar o~~~~~
adjacent to the office visible from Davis BOUllv~)
-3-
ar.JYfi1~~ 1998
Po 14
J Worda struck through are deleted; worda underlin'd
-
parking and loading areas shall be illuminated by fixtures
mounted on the buildings. Pole fixtures shall not exceed
16 feet in height.
7. Intensity of Development
The gross building area is limited to a maximum of
130,000 square feet.
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND CULY ADOPTED by the Board of C~unty Commissioners of
Collier County, Florida, this
day of
, 1999.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,j
BY:
BARBARA B. BERRY, Chairman
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Approved as to Form and
Legal Sufficiency:
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Marj ie :-1. Stu ent.
Assistant County Attcrney
tlrcn/'.rk.h~r. Lak.. puc
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Word. struck throuah are deleted; words underlined are added.
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EXEcunve SUMMARY
PETITION SNR-I8-3, GARY K. WILSON OF PORTER,
WRIGHT, MORRIS & ARTHUR, REPRESENTING
LUXURY HOMES AT MARSH UNKS, INC.,
REQUESTING A STREET NAME CHANGE FROM
8UPPERY ELM COURT TO PERSIMMON COURT,
LOCATED IN PEUCAN MARSH UNIT a, IN SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 25 EAST.
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OBJECTIVE:
The Petitioner requests a street name change from Slippery Elm Court to Persimmon
Court. ,",. ~~
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CONSIDERAnONS:
The Petitioner has not indicated any reason for this street name change; however.
County Ordinance 97.9 does not require that the petitioner provide a reason for the
request
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The Petitioner has met the requirements for requesting a street name change. The
name does not duplicate an existing street name. The owners of the six residential lots
on the street In question have unanimously requested the change, thus meeting the
requirement that at least 50% plus one of the owners of property abutting the street
grant their approval of the change.
~
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FISCAL IMPACT:
None. The petitioner has agreed to bear the cost of replacing the street sign.
GROWTH MANAGEMENT IMPACT:
The renamIng of the street will have no impad on the Growth Management Plan.
RECOMMENDAnON:
.;,
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Staff recommends that the Board of County Commissioners approve Petition SNR 98-3. ,.:.~
changing the name of SOppery Elm Court to Persimmon Court. ~ fl.' ;~
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JUN 09 1998 c.: ~
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DATE
b.\~qr('
DATE
RONALD NINO, AICP,
CURRENT PLANNING MANAGER
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ROBERT J. MULHERE, AICP. DATE
PLANNING SERVICES DIRECTOR
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VIN ENT A. CAUTERO. AICP. ADMINISTRATOR ATE
COMMUNllY DEVELOPMENT & ENVIRONMENTAL SERVICES
SNR-98-3
JUN 0 9 1998
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RESOLUTION NO. 98-_____
-
RESOLUTION RENAMING SLIPPERY ELM COURT TO
"PERSIMMON COURT", WHICH STREET IS LOCATED IN
PELICAN MARSH UNIT 8, SUBDIVISION, AND IN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
.. .,..
WHEREAS, the Board of County Commissioners is authorized pursuant to
authority of Chapter 336.05, Florida Statutes, to name or rename streets
and roads, except for certain state roads; and
WHEREAS, the Board of County Commissioners has been requested to
confirm the renaming of Slippery Elm Court to Persimmon Court. This street
is located in Section 35, Township 48 South, Range 25 East, Collier County,
Florida, Pelican Marsh Unit 8, according to the plat thereof, recorded in
Plat Book 27, Pages 42-44, of the Official Records of Collier County,
Flonda;
WHEREAS, there appears to be no street in Collier County with this
name or any similar sounding name; and
WHEREAS, it is necessary ~or :=ent~~~cat:~n purposes to confirm the
t
r.a~e ~~ this street,
~;OW THEREFORE, BE ::::- P.ESO:"'JE:) EY 7HE BOARD or COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from Slippery Elm Court to
Fersi~~on Court and is confirmed as such.
BE .. F~RTHEP. RESOLVED that this Resolut:~n be recorded in the Public
Records of Collier County, Florida, and noted upon the maps of the street
and zoning atlases of Collier County, and notations made on the referenced
Plat.
This Resolution adopted a~ter motion, second and majority vote.
Done this
day of
, 1998.
ArTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY:
BARBARA B. BERRY, Chairman
Approved as to Form and Legal
Sufficiency:
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Marj ie M. Student
Assistant County Attorney
SNR-98-3
JUN 0 9 1998
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PEnTION NO. CU-98-3 RICHARD F. DURLING OF MARVIN DEVELOPMENT
COPORA nON REQUESTING A CONDITIONAL USE PER SECTION 2.6.33.4.5. OF THE
LAND DEVELOPMENT CODE IN TIlE ESTATES "E" ZONING DISTRICT FOR A MODEL
HOME FOR PROPERTY lOCATED ON THE WEST SIDE OF SANTA BARBARA
BOULEY ARD, SOUTH OF TIlE INTERSECfION OF SANTA BARBARA BOULEVARD
AND GOLDEN GATE PARKWAY, IN SECfION 29, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COllIER COUNTY, FLORIDA.
OBJECTIVE:
The applicant is seeking to obtain conditional use approval in order to continue the operation of a
model home in accordance with the requirements of sections 2.6.33.4.3. and 2.6.33.4.5. of the
Land Development Code. These sections require that the continuation of a temporary use pennit
for a model home in excess of three (3) years shall require submittal and approval of a
conditional use pennit in accordance with the Land Development Code, Section 2.704.,
Conditional uses procedures.
CONSIDERATIONS:
The site is developed with a single family residential dwelling unit which is presently operating
as a model home. The structure on the site was originally issued a temporary use pennit to
operate as a model home for a period of two (2) years in March, 1993. Upon the expiration of
the originally issued temporary use pennit, the property owner applied for a three (3) year
extension, which was granted in March, 1995. The site is approximately 180 feet wide and 791
feet long, for a total site area of 142,369 square feet (3.27 acres). Adjacent to the structure is a
parking lot with seven (7) parking spaces, including one (1) space and a five (5) foot wide ramp
for disabled persons. Surrounding the parking lot are mature shrubs and trees which meet the
minimum code requirement for landscaping. Access to the site is provided via a driveway located
off of Santa Barbara Boulevard.
PROS/CONS:
The list below contains a summary of the e\. aluation 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 Planning Commission to the
Board of County Commissioners.
PROS:
The use has been in existence for five (5) years with no known complaints from neighboring
properties with regard to noise or other negative effects. The site has 180 feet of width, is greater
than three (3) acres in area, and fronts on a 4-lane arterial roadway. Any potential negative
effects from this use, especially those associated with noise, would be substantially mitigated by
the buildings separation distance from surrounding developed properties and the fact .
fronts on a heavily traveled arterial roadway.
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CONS:
Properties to the south are relatively undeveloped and are zoned for residential use. As these
properties develop, there is the potential for the semi-commercial nature of the model home use
to become objectionable to surrounding residential property owners.
FISCAL IMPACT:
This conditional use request by and of itself will have no fiscal impact on the County. Approval
of this petition win not result in further development of the land. The property ",;11 continue to
function as it has for the previous five (5) years.
GROWTH MANAGEMENT IMP ACT:
The property lies within the Golden Gate Estates Mixed Use Residential designated area on the
Future Land Use Map to the Future Land Use Element (FLUE).
A review of consistency relationships with elements of the GMP is as follows:
Future Land Use Element:
The property lies within the Golden Gate Estates Mixed Use Residential designated area on the
Future Land Use Map to the Future Land Use Element (FLUE). This land use classification
provides for residential type of land uses and essential services, parks, open space and
recreational uses. The Land Development Code establishes a procedure which may result in
approving a development order for model homes in an estates zoning district. To that extent this
petition is consistent with the FLUE. Other consistency relationships are as follows:
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Traffic Circulation Element:
The trips generated by the proposed use should not have a significant effect on the adjacent
roadway network.
HISTORIC/ARCHAEOLOGICAL I~IP ACT:
Statrs analysis indicates that the petitioner., property is located outside an area ofhistorica1 and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore. no Historical! Archaeological Survey and Assessment is required.
PLANNING C01\fl\flSSION RECOMMENDA nON:
At the May 7, 1998 Planning Commission meeting voted unanimously to approve a motion to
forward a recommendation of approval for the requested conditional use, subject to the
stipulations in the resolution of adoption
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CURRENT PLANNING SERVICES
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. ,1COMMUNriY DEVELOPMENT &: ENV. SVCS. DMSION
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TO:
COllIER COUNTY PLANNING COM1YfiSSION
FROM:
SUSAN MURRAY . PRINCIPAL PLANNER
DATE:
APRIL 13. 1998
RE:
PETITION NO: CU-98-3 Marvin Development Corporation
AGENT/OWNER:
AgeDt:
Richard F. Durling or Joseph P. Gavitt
Marvin Development Corporation
6720 Winkler Road
Ft. Myers, Fl 33913
Owner:
Marvin Development Corporation
6720 Winkler Road
Ft. Myers, FL 33913
GEOGRAPHIC LOCATION:
The subject site has an existing single family model home and is located on the west side of
Santa Barbara Boulevard. The site is located approximately 1200 feet south of the intersection of
Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range
26 East, Collier County, Florida.
REQUESTED ACTION:
The applicant is seeking to obtain conditional use approval in order to continue the operation of a
model home in accordance with the requirements of sections 2.6.33.4.3. and 2.6.33.4.5. of the
Land Development Code. These sections require that the continuation of a temporary use pennit
for a model home in excess of three (3) years shall require submittal and approval of a
conditional use pennit in accordance with the Land Development Code, Section 2.7.4.,
Conditional uses procedures.
PURPOSEJDESCRIPTlON OF PROJECT:
The site is approximately 180 feet wide and 791 feet long, for a total site area of 142,369 square
feet (3.27 acres). The site is devel..,ped with a single family residential dwelling unit which is
presently operating as a model home. Adjacent to the structure is a parking lot with sev _ .
parking spaces, including one (1) space and a five (5) foot wide ramp for disabled 0$. N~~
Surrounding the parking lot arc mature shrubs and trees which meet the minimwn cod
requirement for landscaping. Access to the site is provided via a driveway located off
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Barbara Boulevard. The structure on the site was originally issued a certificate of occupancy in
March, 1993, at which time a temporary use pennit to operate as a model home for a period of
two (2) years was issued. Upon the expiration of the originally issued temporary use permit, the
property owner applied for a three (3) year extension, which was granted in March, 1995.
According to section 2.6.33.4.5. of the Land Development Code, extensions of temporary use
pennits for model homes and model sales centers in excess of three years shall require submittal
and approval ofa conditional use pennit in accordance with section 2.7.4.
SURROUNDING LAND USE AND ZONING:
Existing conditions: The site is currently developed with a single family residential dwelling
unit and a parking lot with seven (7) parking spaces (including one space for disabled persons).
The site is zoned Estates (E) and is 3.27 acres in area.
ZONING
LA..l\JD USE
SurrouDdlDg:
Nortb- Estates (E) Single family residence
Soutb- Estates (E) Vacant
East- Santa Barbara Blvd. Right-of-Way
West- Estates Single family residence
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The property lies within the Golden Gate Estates Mixed Use Residential designated area on the
Future Land Use Map to the Future Land Use Element (FLUE). This land use classification
provides for residential type of land uses and essential services. parks, open space and
recreational uses. The Land Development Code establishes a procedure which may result in
approving a development order for model homes in an estates zoning district. To that extent this
petition is consistent with the FLUE. Other consistency relationships are as follows:
Traffic Circulation Element:
The ITE Trip Generation Manual does riot provide trip rates for a model home use. However,
staff is of the opinion that the site generated traffic will not exceed 15 to 20 trips per day. As a
result, the site generated trips will not exceed the significance test standard (5 percent of the
LOS "C" design volume) on Santa Barbara Boulevard. FUrthermore, this petition will not lower
the level of service below any adopted LOS "0" standard within the project's radius of
development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the
Traffic Circulation Element (TCE).
The TCE lists Santa Barbara Boulevard as a 4-lane arterial road. The current traffic count is
18,743 and it is operating at LOS "C". It should be noted that this segment is projected to be
deficient by 2006. Therefore, no road improvements to 6-lane this segment are requi
. concurrency purposes. Therefore, this petition complies with Policy 1.3 of the TC N~'lif[~'(l)
JUN 0 9 1998
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Other Applicable Element;
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 extension of available public utilities is required, these will be mandated at
the time of approval of the required site development plan.
HISTORICI ARCHAEOLOGICAl. IMP AL{;
Stafrs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as designated on the official Collier County Probability Map.
Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the
Land Development Code, if, during the course of site clearing, excavation or other construction
activity an historic or archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the CoIlier County Code
Enforcement Department contacted.
EVAI~UATION FOR ENVTRONMENTAL. TRANSPORTATION ANQ
INFRASTRUCTtJ~:
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This primarily includes a review by the
Community Development environmental and engineering staff, and the Transportation Services
Division staff.
CRITERIA EVALUATIO~:
.
The Current Planning staff has coordinated a comprehensive evaluation of this land use petition
and the criteria on which a favorable detennination 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 staff recommendation based on that comprehensive
overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis
for a recommendation for approval or denial by the Planning Commission to the Board of
County Commissioners. Each of the pot,:ntial impacts or considerations identified during the
staff review are listed under each of the criterion noted below. and are categorized as either pro
or con as the case may be, in the opinion of stafT. Staff review of each of the criterion is
followed by a summary conclusion culminating in a detennination of compliance, non-
compliance, or compliance with mitigation.
CONDITIONAL USE:
a. Consistency witb tbe Land Development Code and Gro"1b Management
Plan.
Pro: The requested uses are consistent with the applicable elements of the G
and provisions of the LDC.
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COD: Not applicable in view of the consistency evaluation with the GMP and
LDe.
Summary CODc:lusiou: The proposed use is authorized in the Urban-Golden Gate
Estates Mixed Use Residential designated areas in the "En Estates zoning district.
The Land Development Code provides for the requested continuation of the use beyond
five (5) years. as a conditionally pennitted use.
b.
IDgress and egress to property and proposed structures thereoD with
particular reference to automotive and pedestrian safety aDd convenieDce,
tramc flow Ind control, and access in case of fire and/or catastrophe.
Pro: Access to the site is presently provided by an existing driveway entrance
located off of Santa Barbara Boulevard. The driveway onto Santa Barbara Boulevard has
a clear site distance and presently functions in a safe manner.
Con: None.
Summary Conclusion: The existing driveway providing ingress and egress which
presently functions with a clear site distance and should not be problematic.
Co
The effect the conditional use would have on neighboring properties in
relation to noise. glare, economic or odor effects.
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Pro: The use has been in existence for five (5) years with no known complaints
from neighboring properties with regard to noise or other negative effects. The
site has 180 feet of width. is greater than three (3) acres in area, and fronts on a
4-lane arterial roadway. Any potential negative effects from this use, especially
those associated with noise, would be substantially mitigated by the buildings
separation distance from surrounding developed properties and the fact that it
fronts on a heavily traveled arterial roadway.
Con: None.
Summary Conclusion: The present conditions surrounding the subject site should
sufficiently mitigate any potential negative effects from this use as it relates to noise
d. Compatibility with adjacent properties and other property in the district.
Pro: The properties to the north, south and west are zoned Estates (E). The
existing model home use is similar to a single family residential Structure in its
appearance, and was intended to be used for single family residential use upon
expiration of its use as a model home.
Con: None known at this time however, properties to the south are relatively
undeveloped. As these properties develop, there is the potential for the semi-
commercial nature of this use to become objectionable to surrounding residen . al
property owners.
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JUN 0 9 1998
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Summary CODclusloD: Properties abutting the subject site are residential in
nature and are relatively undeveloped. As these properties are improved, the commercial I
nature of the existing model home may become objectionable to sUITOunding property
owners.
STAFF RECO~fENDA TION:
Staffrecommends that the Collier County Planning Commission recommend approval of
Petition CU-98-3 with a time limit of five (S) years.
PREPARED BY:
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..-1USAN MURRAY :T
PRfNCIP AL ;fLANNER , _
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NAL \f. NINO, AICP, MANAGER
CURRENT PLANNING SECTION
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DATE
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R6BERII' J. MULHERE, AICP, DIRECTOR
P~ SERVICES DEPARTMENT
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VINCENT A. CAUTERO, AICP, ADMINlSTRA TOR
COMMUNITY DEVELOPMENT & ENV. SVCS. DMSION
1/1:5/7't'
DATE
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DATE
Petition Number: CU-98-3, Marvin Dev~lopment Corporation
NOTE: This Petition has been tentatively advertised for the May 26, 1998 BCe meeting.
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U
A RESOLUTION PROVIDING CONDITIONAL USE
APPROVAL FOR THE CONTINUATION OF A MODEL
HOME IN THE ~Ew ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.6.33.4.5. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 29, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLI.IER COUNTY,
FLORIDA.
RESOLUTION 98-
16 WHEREAS, the Legislature of the State of Florida in Chapter
17 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
II conferred on Collier County the power to establish, coordinate and
19 enforce zoning and such business regulations as are necessary for the
~ protection of the public; and
21 WHEREAS, the County pursuant thereto has adopted . Land
~ Development Code (Ordinance No. 91-102) which includes a
.
23 Comprehensive Zoning Ordinance establishing regulations for the
24 zoning c! particular geographic divisions of the County, among which
~ is the granting o~ Condit:onal Uses; and
26 WHEREAS, the Cellier County Planning Commission, being the duly
27 appcinted and constituted ~lanning coard for the area hereby
28 affected, has held a public hearing after notice as in said
29 re;ulations made anj provided, and has consid~red the advisability of
30 Co~diti=nal ~se apprcval ==r the ccntlnuation of a model home :n an
31 "E" Estates zone pursuant to Section 2.6.33.4.5 of the Land
32 Develop~ent Code en the property hereinafter described, Gnd has found
33 as a matter of fact !Exhibit "~") that satisfactory provision and
~ arrangement have been made concerning all applicable matters required
35 by said regulations and in accordance with Subsection 2.7.4.4 of the
36 Lar.d Development Code for the Collier County Planning Commission; a:'ld
37 WHEREAS, all interested parties have been given opportunity to
38 be heard by this Board in a public meeting assembled and the Board
39 having considered all matters presented.
~ NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
.
41 Collier County, Florida that:
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The peti~ion filed by Richa:d F. Durling of Marvin Development
2 Corporation wlth respect to the property hereinafter described as:
3
4
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Exhibit "S" which is attached hereto and incorporated by
reference herein
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6 be and the same is hereby approved for Conditional Use for the
7 continuation of a model home of the "E" Estates zoning district
I pursuant to Section 2.6.33.4.5. of the Land Development Code, in
9 accordance with the Conceptual Master Plan (Exhibit "CHI and subject
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following conditions:
This conditional use approval shall expire five (5)
years from its original date of adoption. Should the
property owner wish to continue the approved use beyond
five (5) years, the property owner shall reapply for
another conditional use or comply with any applicable
land development regulations at the time of expiration
of this conditional use which may allow the
continuation of this use as originally approved.
An exotic vegetation re~oval, monitoring, and
malntenance (exotic free) plan for the site shall be
implemented by the petitioner. Exotic vegetation
shall be removed on an annual basis at a minimum.
25 BE .. rUR7HER RESOLVE~ that this Reso:ution be recorded in the
26 minutes o~ th:s Board.
:a
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This Resol~tion adopted after
n".otior~,
second and majority vote.
29
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SOAR~ CF ZCf.!l;G A??::;"':'S
CCLl.!E.? ::.J~:rY, F:'O?: :'A
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BY:
=AREAF~ E. BERRY, ~halrman
36
37 A:rESr:
31 DA!GHT E. BROCK, Clerk
39
40
41
42 Approved as to For~ and
43 Legal Suffic:ency:
44 -yx.., ~...I )J,. ~..o-wi;
45 Marjo(ltie M. Student
46 Assistant County Attorney
47 f/C'J-"-) '~SC:'~~:Oll
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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CU-98-3
The following facts are found:
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1.
Section 2.6.33.4.5 of the Land Development Code authorized
the conditional use.
2.
Granting the condit:onal 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. Cons~stency with the Land Development Code and Growth
Management Plan: ~
Yes c...' No
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B. Ingress and egress to property and
thereon with particular reference to
pedestrian safety and convenience, _
control, and access in case of fire
Adequate ingress ~ egress
Yes '-"'" No
proposed structures
automotive and
traffic flow and
or catastrophe:
C. Affects neighboring properties in relation to noise,
glare, eco~omic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible uge within district
Yes ...............No
Based on the above findings, this conditional use should,
stipulations, (copy attached) (-L ~. ~ be:tr::r ommended
approval
DATE: 1~/fg CHAI~,At
with
for
Exhibit A
CU-98-3
fl CU-"-3 FINDING or FACT CHAIRMANI
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CONMONI'l'Y DEVELOPMENT DIVISION
CURR!:N'r PLANNING SEC'.rION
PETITION NUMBER: C {/ - 9 J> -.':;>
r .., {j r>r.;-
DATE OF APPLICATION: f b .4 7, / -, 1';-'
, .
...
COMMISSION DISTRICT:
PLANNER ASS I GNED: SUSA N \1,-\ y- {" A r
ABOVE 70 BE COMPLETED BY STAFF
APPLICA'.rION FOR PO:BLIC Bl:AP.INQ FOR: CONDITIONAL USE
.'j ..
General Infor.m&tion:
Name of Applicant(s)
~v, ~ Deve~e"-'l" CDQ..P.
.
Applicant's Mail.:..ng Address {p720 uJl ,..:>~~ ~O
C i t y 'FI 1:"'\ "i ea..5:.
State Pt-
Zip '33Gj Itt
Appli =ant 's :'elephcne #: ~Lf/...'t;3-' 1/2. :ax.: j'i 1-'f~3 _ 3Ber
21~a ~ Dv~...,~ 04-
Name of Agent ::::rbs.~ P. u".tT Firm
~v, t-J 0eV.. C-OI2.P.
Agents Mailing Address c.. 12.0 W.,...J "'-LbIZ. 1'0
City F-r M"'felU
State ~'-
Zip ~~c;, 3
Fax *: '\. I -'f~3- sS
Agent's Telephone #: ~-4n-( 111-
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JUN 0 9 1998
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Disclosure of Inter.st Infor.m&tion:
a.
If the property is owned
tenancy by the entirety,
tenancy, list all parties
well as the percentage of
sheets if necessary) .
fee simple by an INDIVIDUAL,
tenancy in common, or J OJ.nt:
with an ownership interest as
such interest. (Use additional
Name and Address
Percentage of Ownership
fJ/t
"
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
K"~A40 1=. Dve,-, e..)c.
K~"I '-. DOrJA~~..J
v'A~l/2..le DuQ.'-f U~
Percentage of StOCK
P~'OQ.J'- IOO~o
- \J. l>C'lJ5{,.: 6-
- .s.c.<.. t2.CT'A"'-'1 ~
c. If the property is in the name of a TRUSTEE, list the
beneficiaries of the trust with the percentage of
interest.
Name and Address
Percentage of Interest
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d. If the property is in the name of a GENERAL or LIMITED
PARTNERSHIP, list the name of the general and/or limited
part.ners.
Name and Ad=ress
Percentage c: Ownership
~
.
e. If there is a CONTRACT FOR PURCHASE, with an individual
or individuals, a Corporation, Trustee, or a
Part.:nership, list ";he r.ames of the contract purchasers
below, ~ncluding the officers, stockholders,
beneficiaries, or partners.
Name a~a Address
Percentage 0: Ownership
~-
Date of Contract:
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JUN 0 9 1998
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f. If any con::ngency clause or contrac: terms involve
additional parties, list all individuals or officers, if
a corporation, partnership, or trust.
Name and Address
tf
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Date subject proper:y acquired ( ) leased ( ):
Term of lease
yrs./mos.
If, Petitioner has option to
option: and date option
or anticipated closing date
buy, indicate
terminates:
date
of
~~ h.
Should any changes of ownership or changes in contracts
for purchase subsequent to the date of application, but
prior to the date cf the final pUblic hearing, it is the
responsibility of the applicant, or agent on his behalf,
to submit a supplemental disclosure of interest form.
3. D.eail.d 1. a1 d..cri t:.ion of th. r covered t:h.
application: (If space is inadequate, at.tach on separate
page. ) I f 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 wi thin 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
legal description. If questions arise
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description, an engineer's certification or sealed survey
may be required.
Section: 2'1
IrJ leolDF
Lo t : 1"Q4(.. r IIi
Pla: Boo... "1
Township: 4 "
Range: 2{..
Block: V..., IT' 30 Subdivision: GoC-Oc...J ~~ 41!!:1..r....t'1! ~
Page #: S"5-sea Property 1.0.1: 3~rl6:>2<{€)eOo
Metes & Bounds Description: l-Jo42-Tft ltOo' OF~, 1111 \hJli3o,
l,. 0 ~O G ,...J L,A iC ~s. ,4 "'t'"E S
4.
Size of property: ?10.. tj~
ft. X ..J.e.o
ft.
Total Sq. Ft.
1~2. ~c.__
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Acres 3.2.'"
5.
Addre../qeneral location of subject property:
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6.
Adjacent zoninq and land u.e:
Zom.ng
Land use
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w _F S+aA u .t' i ''.]' Ie - fCU4." I 'r t'~ r.( t'A C T' I 'ft.... et:f
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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).
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Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book
Page #:
Property I.D.#:
Metes & Bounds Description:
7. Type of Conditional 0..: This application is requesting
condi :ional use # 'N / A of the ~ dist.rict. for Inn or
IUSEl r'\OOGL.~.-'\ E per 2.,(V. 33. L1 S c.f ~e Lar)<fI}\'.Cc
Present Use of the Property: ~0Erl- &0,...-'\1;
8.
Evalua~ion 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
grant.ing of the condit:.onal use will not adversely affect.
the public interest and that the specific requirements
govern:.ng the individu2l conditional use, if any, have been
met, and t.hat. further, sat.isfact.ory provision and
arrangement have been made concerning the following matters,
where applicable. Pl.a.. provide deeailed r.~n.. to .ach
of ~. cri tarion li.tad below. Specify how and why ~.
requ..~ is consi.tant with .ach. (Attach additional paq.. a.
may b. n.c...ary) .
a. Describe how the proj ect 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 f'.lture
land ~~:i"fielii'J')
element) :"'"'~ "'Zen \ n ~
JUN 0 9 1958
AnLIQftClll rea IUa.IC JlUaDC I'CIIt ClCKl%ftQQ1. Oft _
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La ,.,d 1I 5...: dE- "< i 91\.: A. -t. C"?~ (~ t\--,e C CUrrty.s
(~.-o... T\I I'll un:q:-fY'eI'lT PlC'!'" la,,,d 1'x:-. . C c:rl ~ ~ m~-\s
rnc;r\t-I \,o~s ." .:)\"j't:S I~,~\ 'zol\I\\3-dls-Tn(
b. Describe the existing or planed means of ingress and
egress tc the property and proposed structure thereon
wi th part:' ::ular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and
access in case of fire or
catastrophe: O....J -n+E f>aoP~T'-I IS. ,4.,..J c;:~ 'Sl.n '-'~
l'e. ~ LEAO I ....., ~ '"Tb -nte PA-l2-~ ..J~
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~E l~ Pc...Et.JT'-( C)F 12.00..-'\ ~ ta,....~'-t.e-'CJ.{
\.JC.t4-L c....L~.s. c,.n:..
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c. Des::ribe :he effect the conditional use will have on
neighbo=~~g p=operties in relation to noise, glare,
economic and odor effect: ILJ ~no,...) ~E Bu~1 ,.Je"S.~ES /
~Ol.- I G+h '-D CJr.e.E G-TZ... 1'lks ~€ C~ OwcG
-
o.r::. nte e.E 7'T'1:? If!.. u:::::Q~ I ,..J ~ 5 na..l t:..:ru t2..e..s, I,....J
n+E .......{~-tfl3o~OO.
d. Describe the site's and the proposed use's compatibility
with adjacent properties and other properties in the
district: ~ -s,,'fl;. 15. A- &.JeW- ~Pr MoOIk.. +\0"'6
D IS A+J Pao~s:.....n- o~ o~
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e. Please provide any additional information which you may
feel is relevant to this request. :nt~ ~~)~~ ,~
9.
~. n-hs G-;=t=:t::;,c.:;r-~,..J ntE ~'tt Soe<<-~ ~
~c't\ ~.
Deed. Re.1:riction.: The County is legally precluded from
enforcing deed restrictions, however, many communities have
adopted such restiictions. You may wish to contact the civic
or property owners association in th..e area for which this
use is being requested in order to ascertain whether or not
the request is affected by existing deed restrictions.
10. Previou. land use petition. on the subject property: To your
knowledge, has a public hearing been held on this property
within the last year? If so, what was the nature of that
hearing?
yO
Additional Submittal ~equirements: :n add::ion to :his
completed application, the following must be submitted in
ord~r 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 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested
upon completion of staff evaluation for distrib QtL J:.o_
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JUN 0 9 1598
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the 30ard ane various advisory boards such as the
Environmental Advisory Board (EAB), or Cepc);
· all existing and proposed structures and the
dimensions thereof,
· provisions fer existing and/or proposej ingress and
egress (including pedestrian ingress and egress to the
site and the structure(s) on site),
· all existing and/or proposed parking and loading areas
[incl~de matrix indicating required and provided
parking and :oading, inclueing required parking for
the cisabled],
· locations 0: solid waste (refuse) containers and
service function areas,
· required yards, open space and preserve areas,
.
· proposed locations for utilities (as well as location
of existing utility services to the site),
· proposed and/or existing landscaping and buffering as
may be required ty the County,
· :oca:ion c: all signs and lighting including a
narrative statemen~ as to the type, character, and
cirr.e:-.sicns : such de: heigh:, area, etc.);
c. An Environmental Impact Statement (EIS), as required by
Section 3.8. of the Land Development Code (LDC).
d. Whether or not an EIS is required, two copies of a
recent aerial photograph, (taken within the previous
twel ve months), minimum scale of one inch equals 400
feet, shall be submitted. Said aerial shall identify
plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida
Department of Transportation !.and Use Cover
Classification System.
9
JUN 0 9 1998
M'7t.%CAt'IOf ~ P'>>L1C ~ ,.,. CXICltnClClt, ~
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e. S:a:emen: of utili~y prov:sions
a~~a=~~e~~s and ske~ches);
required
(with
all
:. ;.. Traffic Impac~ Statement (715), unless wa~ved at the
pre-appl.ication mee::..ng; UAI""~(J .
g. 1". ~is:orical and archeological surveyor waiver
p....JA- application if property is located within an area of
his:or:..:::al or archaeological probability (as identified
at pre-applica:ioo meeting);
.., ;'.'[1'1 addi :ional req'..:irements as may be applicable to
~~ spe:::if:..::: condit:onal uses and identified dur:ng the pre-
app..:.:ca-cion meeting, including but not limited to any
required state or federal permits.
,.~~:i~)
JUN 0 9 1998
"'.UCATt~ FOP. PIJJI:'IC IJ:U.%)IC ."" COCDITICtU.L on
10
<<4
Pt1.
.
. .f
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL OSE REQUEST
1. NAME OF APPLICANT: ~(..J !)e:..JC<..,oP V\~ C.O 12.. ~
2 . !-DULING ADDRESS: ", '2..0 l.-J I..,) 1<- '-6e. ~
CITY er f"'.. 'f e (2 .s. t=-- '-
ZIP :s ~ C) I 3
3. ADDRESS OF SOBJECT PROPERTY (II' AVAILABLE): ~2',
~tJTA ~~~ 'Bc...VO, /-J4PL.itS F'--
4 . LEGAL DESCRIPTION:
Section:
Township: Range:
Lot:
Block: Subdivision:
Page *:
.-
Property I.D.I:
.
Plat Book
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check appli.cable
system) :
a. COUNTY UTILITY SYS~ 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY 5YSTEM 0
PROVIDE NAME
d. PACUGE TRD.'l'K!:N'I' PLAN'.r 0
(GPO capacity) G(' €f-l S. T\ ..,.J 'I
e. SEPTIC SYSTEM
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSn:M
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PlUVATE SYSTF..M (WELL)
o
o
o
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JUN 0 9 1998
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7.
TOTAL POPULATION TO BE SERVED:
2- 'J)A-, L'1
8.
PEAK AND AVERAGE DAILY DDmNDS:
9 . WATER - PEAK
10. SEWER-PEAK
AVERAGE DAILY
AVERAGE DAILY
I 0 l;A-U- 0AJ..s
.... '.
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUllTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED:
10. NARRATIVE STATEMENT: ?rovide a brief ana conc~se narrative
statemen~ and scherna~~c drawing of sewage treatment process
to be used as we.i: as a spec~f.:.c statemen~ :::egarding the
method c: affluen~ and sludge disposal. If percr-Iation ponds
are to be used, then percolation data and soil involved
shall be p:::ovided from tests prepared and certified by a
professional engineer.
.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: :f the project
is located within the services boundaries of Collier
County's utility service system, written notarized statement
shall be provided agreeing to dedicate to Collier County
Utilities the ~ate= dist:::ibution and sewage collection
facili t.ies wi thin the proj ect area upon completion of the
cons~=~=::c~ cf these !acilit~es :.n accordance with all
appl~=ac~e C8~~:Y crt:~ances :~ e::ec~ a: ~he at ~irne. This
stateme;-.: sha2.: else :ncl~de an agreement that the
applicable syste!'!'. development c~arges and connection fees
'.:i:': be ;::3i:: t: :~.e :o':r..:y Uti::::.es Div:..s:..cn p:::ior to the
issua:1ce :.: buil:iing pE:rmi:s by ~he County. :f applicable,
the statement. shall contain shal.l. contain an agreement to
dedicate the appropriate utility easements for serving the
water and sewer systems.
12 . STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS :
Unless ~aived or otherwise provided for at the pre-
application meeting, if the project is to receive sewer or
potable '....ater services from any provide::: other than the
County, a statement from that provider indicating that there
is adequat.e capacity ~: serve the project shall. be
Otll1ty 'r~.1on .tae...nt ftJK 10/17/g7
~ICAnao ro.. J'tl:aLIC: D..U.n'li ~ COCDIr.:ClN1t.J. on
JUN 0 9 1998
16
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AFF::A'J:::
Wet:, '2\"'~~QO -F. r:u~....,( bun::; ~:rso; duly Sl%r:-., ::lepcse and say
~~a~ ^e/: a~/are ~~e cwne:s c~ ~~e ~==~e~:J desc=~bed here~~ an~ W~~=~ ~s :he
subje:o; ~atter 0: t~e ~roposeo hear~~;; that all the answers to the questlons
in this applicati::l~, ~nclu~lng the C15closure of interest information, all
sketc:-.es, data, a:-.::1 otner s:.:pple:ner.tary matter attached to and made a part of
this application, are ~ones: and true to the best c~ o~r xnowledge and belief.
Wet: :;:-,ae:::s:an:: o;:-.at the ;.:-.~orma:io:-. requested on this applicatJ..cn must be
complete and accurate and that the content of this form, whether computer
generated or Cot.:nty ~rinted shall not be al terea. Public hearings will not be
advero;:sed 1,;nt:: this a~:::,;,,:ca:~c~ :.s deemed complete, and r quire::!
infonna::::;:-. :-.as been s'.;c::-.:::e:::i. Wet: ::;rther pemit ... ders' ned t act as
my/our representative In any matters regardlng etit; n.
-g.1~Ai2-0 F. O",)~I '-4 , ?~.s
NAME C; OWNEK (?r~n~ cr ~ype)
::--. &. t.
Sta:.e c: F':'c=i::a
.
NAME C; CWNE~ (?r:~: or ~ype:
~ 4elJ .t=. Dv 12. L...( ...., <
NAME 0; AGENT (Pri~: or :ype:
~osept+ "P. ~.AVI 11
NAME C; AGENT (?ri~: ~r :ype)
~ v.--A~
*..*=~
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J B ::;~a~'~~~~~~tx~~~: :a: :~~'J'4a~B::~~~1{ICfu1db~,t{~ 17~c/~iJODPf\
who :5 personally known ~o me or who has produced J 6io~
as id~ntificatioQ ~nd who did (did not)
l)CI\I~~.~tt
V ~ Pt.~r,,^.j
~ :Jo te'" ? ,.,0/
Pint Name of Notary Public)
NOTAP.Y PUBLIC
Serial/Commission ft
My Co~~~ssion Expires:
Coun~~ :~ :c::ie=
take an oath.
SEAL
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CCNmNI'l'Y DEVELOPMENT DIVISION
~ PLANNING SECTION
PETITION IJtJHBER: CU. -j;': - :-'.
DATE OF APP::CATION::. \
/.. ,I .:. L I
I
COMMISSIO~ DISTRICT:
PLANNER ASSIGNED: /" ~.:" J ~LL~j--
ABO~E 7~ BE COMPLErEC BY STAFF
APPLICATION FOR PUBLIC BEARING FOR: CONDITIONAL USE
General Information:
Name c: ;.ppl:.ca:-.: (s: rv1A12.Jt...J De:v'6~e~ CDQ..P.
.z..t=:t::'.:. ::a:-.: 's r-:a:.:'.:. r.? ;'.j:;=es s e,p'7z.o uJl "':>t. ~ 1a.O
,...; -.. 'F-r LA LJ _f') S
--..~) ~ ....~
State F1-
Zip '3~G ,')
';t=::::::a.~:'5 :-e':'e::~.cr.e =:"'1/"'1;3"'1112 Fax =: ~""-4~3-~~r
i2.IU~C..o F: Dv~.,.;I, oIL
Name c: ;.gent ~~ P. (.,A"'fT Firm
~v I...J ()e..V, c.oI2.P.
Agen:s Mailing Address ~ W,,,,,,, "-t....b.:2.. 12-0
City F1.......,'-f(!;~
State F-'-
Zip ~~<; 13
Fax ~: "-'11 -'1~3- s88~ .,
J ~.' '~/(1'i.)
JU:.J 0 9 1398
Aoe:-.: / S
it: ~Y/-'1n-lll'l..
~. .
~ elep:-:cr-.e
pry ~-,-
w _" _ _..., ,~........._
Oisclosure of Inter.st Information:
a. ::: the prope::-t y is owned :ee simple by an n;c:-:: D:';A:,
~e:-!a:1c}. by :':--.e ,=:-.-: :=e-: ~".,
:enancj' in CC:-::-.:-::, 0:'-"; c::::
with an ownership interest as
such interest. (Use add:" tional
tenancy, lis: all. part.les
well as the percentage c:
sheets if necessary:.
Name and Address
Percentage of Ownership
Q/t
b.
j,f the prope::-:::,' ~s owned
of:icers and stockholders
owned by eac:-..
by
and
a CORPORATION,
the percentage
lis: the
cf stock
Name and Address, a~d Offi=e
f<''-#AaO 1=. I:> 4JC2.'-1 "'-'c,
K~L~'-t L. OO.,JA-n.,f-AJ
VA '-E "-I c D u (J,. ~ u<.
Percentage of StOCK
P~'()Q.Jr 100'?0
- v. p~: -e.
- ~ eCTA.c.'1 .G)
c.
If the prope::-:y
beneficiaries c::
interest.
0:
is in
the
the name of
trus: with
a TRUSTEE, list
the percentage
the
Narrle c:1d hd=:-e~ s
P~rcentage of :n:eres:
+
~nClC t"Oll Jl't7ILIC !IZAAnIa FOIl COPCCrn"'-U. 0'"
2
lII!"_'~~""
~---~ ._~-~.. - ,n ._,--_,.__.._llIIf',_~ ~.~..,~..._~~___~~.J
.
.
---:- I3Jrt'P) - .J.
JU" 0 0 0:-:8-
l't ... I~.J
P9.:.- ~9
.
.
.
d. If the property is in the name of a GENERAL or LIMITED
PARTNERSHIP, list the name of the general and/or limited
partners_
l~a~e a~~ Ad~r~s!
percen:age c~ Ownershi~
0f
e. ::f ::-.e:.-e is a CONTRAC7 FOR PURCHASE, with an individual
cr i;1d:-;id-.;als, a Corporation, Trustee, or a
par:nership, :i.ist the names of the cor.tra=: purchasers
belo~, ~r.=:uding the officers, stockholders,
benef:ciaries, or partners.
:;a:::e a:-. = r.===~S E
Pe~=e~:=;~ :~ C~ne=st~~
'tJ /A'
c
Date of Contract:
F~~~
\~~~1 :1338
APPt.%CATtOlt roR "";'IC ~ "'" <::I:M)In~ tJ&
3
supplying the correct
conce:::n::1g tr,e legal
.;' 1'#f0ij
JU:~ 0 9 lSS3
&
I~ any =c~~inge~cy clause c::: contrac~ terms involve
add.:.::..o;',ol pa:::t.:.es, ::5: all i:;.d:,':id'..lals c::: cfficers, if
a c=~~c=at:Q~, par~nership, c: :rus:.
Name a~~ Ad~ress
~
,""p, g,
Date s~bjec: ~ropertj acq~ired ( ~ leased
) :
T e :-::-. :.: lea s e
yrs./mos.
I~, ?e:::.:.one::: has option to buy, ind:cate date of
option: and date opticn ter~inates:
or a~::.::pa:ed closing date
~P' h.
~.
Shc~:d a~y changes of ownership or changes in contracts
fo::: p~r:hase subseguent to the date of appl.:.cation, but
p=ic: :: t~e ca:e cf t~e final publ:: ~ea=:~9, it is the
resp:~s:t~:::~ c~ :~e app:i:a~:, cr age~: C~ his behal~,
to S~b~l: a supplemental disclosure cf interest form.
Detailed legal description of the proper.i:y cover..=! by the
application: \::f space is
page.) If request involves
district, include separate
involved i~ each dis::::ict.
copies of a recent survey
months, maxi:r:J.:r. 1" to 400'
the pre-app:ica:ion ~eeting.
inadequate, att: ach .)n sepa,rate
change to more than one zoning
legal description for property
Applicant shall submit four (4)
(completed within the last six
scale) :. f :::equired to do 50 at
NOTE:
The app:ican: :5 responsible fo:::
des~=:!=:ic:--... - & quesr.ions a.,.... c:c
lega2-
.unrCl.T1c:tf ~ P'.;7Sl.lC IlXAADIC ~ cacDrTICIO.l. tJR
4
.
.
PQ~-3L- _
- .__.._---_.--~..
.
.
.
desc:iption, an engineer's certifica:.ion or sealed survey
may be req\;:.red.
Sec:.ion: zc-,
tJ lao'Or:
Lot: 1Q4<..\" IIi
Township: 4 'i
Range: '--<...
Blcck: VJJIT 30 Subdivision: C,oc..oc..,) ~~ 4I!1.r.4~')
PIa: Book ..,
Page ,,: 5'&S'i Property 1. O. #: ...3~rl ~ 2 "I ~O!:> 5"
Metes (. Sounds Oes=ription: t-Joa..~ ltOO' OF ~ rill J \.hJ("- 3e,
~ 0 LOG,..J (,An:: E-SIA 'TE"~ .
~ .
Size of property: 7'10, ~ r.f
f:.. X IBo
ft.
Tota: Sq. F:..
I 'i2.. ~c,__
I
Acres 3.2.'"
l:
"" .
Address/general location of subject property:
~z , \ ~A-u,4 ~~ ~tz,..I.. ~O
,....;A-PLt:: S I F-L.
t
€. Adjacent zoninq 1nd land u..:
Zor.:r.~
Lan~ \;se
"
.'
S':+C' ( j
; r I
.. j ~~ ,.... .... (~,c..
~ or,)..,. - ~...' ". t oJ ,t V'V.' J: :. ~~ ~~
,-
\-
...
s t;"j-;..J~~ Lh-t\\A.\fv'..:aJ-fJ (O'iIJll"t'fd E
E SCl,.t..+G (3ac/~o.ru. (3(vc1.. R, C" U~
w r= J + cd e.r S l\. \( I (".- -rOM." r i'e> I J -tA. C' 1" qtu L>#/l ~
_ ( ,'7' '(.(:
Does property owner own contiguous property to the subject
property? If so, give complete legal description of entire
contiguous proper:.y. (:! space is inadequate, a:.:.ach on
separ.=:.e page) .
,~:, ii{AJiJ)
APn.1CATtClH J'='Il ~1.IC ~ I"OIIl. CXlM';)ITICIICl\.1. on -
JU;'~ 0 B 1998
5
P., ~
-.--..-----.-.
v............-">~
~_-_ -.~.___._._..,.._"___.____.___.~_~.__~_"1 __,~"~__... _1.
J\~
.
Se=':i=~:
Township:
Ran:;e:
'7 -- ..
..t.J1.".... ..
:=lc,ck:
.s ubd i. ";..:. s.:. :::-. :
Plat Book
Page #:
Property I.C.I:
Metes & Bounds Desc::iption:
7. Type of Conditional U.e: This application is requesting
8.
r-~",r-' -, ~r:a' "se # Ni'
-"""".,....___0..,I! .4. _ , 1"\
0: the _E
d.:..s~=.:..c: for (':'YPE or
I'~S!:. no OC:;L. t-+o""", E
~.f ~c: La r")d 1t \' , (cd
pel
2 3:.>; Ll c;
.~ - I --
P::ese:1': Use c:
~;...~
-~" -
P::operty:
t\..1.o 0E;i.... #-0 -"\ -;
Evaluation Criteria: Provide a narrative statement
desc::i.bing this request for conditional use. NOTE: Pursuant
tc Se::i.cr: 2.7.4, of the Collie:: Cour.ty :and Deve10pment
Code, staff' 5 r'i:!commendaticn tc the Planr:i.r.; Commission and
the ?':"anning COTnrr.issicn' 5 recommendation to the Board of
Zor::r:g Ap?eals shall b'i:! based ~pon a :inoing that the
;::a:-.:::-.g :: :~e ::r:d:t:.:r.aj, ~S€ ......:.:.:. r.c: a~rJe::sely affect
the ?utl::: i:1terest and that the soeci.:i: requirements
.
;; :: "; '= :-:-. :. ;; ;; : ~. E: :. :-. -:::. .; i ::i ''': a 1 :: :: i. d: : :. :: ;. a :. :.; 5 e , :. : a ';". :' , h a v e ::: e e ;,
::'.e:, :::-'.:: ::-.a: :"..:=:.:--..e=, sa::s:a=:==.: ;:=c..tis~on and
arrange~en: have been Made conce::ning the :cllo~ing matte::s,
where applicable. Pleaae provide detailed reapon.. to .aeh
of the criterion li.t.d ~low . SP41cify how and why th.
request is consistent with each. (Attach additionaA pag.. as
may be necesaary) .
o. :Jesc=i.be ho',.: t:--Ioe :;::-cjec: is
Coun~y Land Development Code
(incl ude information on ho....
~'':''::: ~he ap;::::::atle sec:..:..:.:-.
::onsisten~ wi t:-: the Collie::
and Growth Management Plan
the request is consistent
~... po::tions c: the f-..ture
land
element) :\\-\e
tt' <: -ZC\"""\ \ n
C\2)<::~'f1
AJPP1.tCA1'101C roR Pt.'JU.IC ~~ o::MlITI-:JIO.1. OSJ:
6
JlnJ 0 9 1998
.
.
.
\::. ( c-. \~ \..': +t:"' :-t V'\J1-Y'. -t\-'.~
G\\~, L\ ~';" c\E- ~ I 9f\., A, -\-\ C"~ (1; t,~ CCUrM-y.~
(~(cv,""i1\ 'v\U\):-\-'):'f'~(\+ nVt\. L'"3)c\ 'he, . Ccd~ \~r (Y\~-\~
\Y\Cc\t \ \'CY"'rkS ." .:1Y'j \e.~ \ ~l-rt1(:)ll '20\'" "~\~c\..
b. Cescribe the existing or planed means of ingress and
egress :.:. the p:-oper:y and proposed structure thereon
with pa=:i,:ula:::- reference to automotive and pedestrian
safe:y :3:-1:: convenience, traff.:.c flow and control, and
access in case of fire or
cat a s t r:: p he: O~ ~ f> a.o p,E,I/2.:ry .Is. A-t--J t;:~ l ~ "T1 ,.) ~
De I tJ6.....JA.; LEAO, ~ ~ '1"'l:> ~ P A-{,2.. CL-I ..; ~ Lo ,- .
~ l ~ P~"1"'--( of 12-c>o...-'\ ~ GI'-'1 ErZL." E..Jc..~
~"""L'-Le...s. ~~,
,
Df2LV6 t.JM IS l e Lv I oe:.
sn::>uc,
.... :>:scrlbe :!-.e effec: the
~elghb~::~~ prope~~:es
economic and odor effect:
condi:iona: use will have on
in relatic:". to noise, glare,
10 ~no,..) ~ Bu~I...JI!'~~ES I
~+Oo l_ I c...H-1 l.- 0 c.A.2-f: c;. rz... 11+€ ~ € (~o...; <;;;
.
D~ "l"H€ E>Ern:;:~ L~~',...J~ Sna..t c TUt2..e..s, l~
-rrt€ ~(l.,-HBoCU+OoO,
'-". Describe the site's and the proposed use's cornpatibilit:,..'
wi:h adjacent properties and ether properties in the
d is: r i c:: ~ ~ I~ .5> A- l...)~u- ~Pr Me> OCc.... ..+o.....e
~D r'S A-t-J ::!J'-1. Pao~s:..JT 0 tJeI2- ~ -R2o psa:r ,~
lu -n46 A-a~4. '. . Jii&YJ)
AJlnICUIOPC FOIl P\1II.IC ~ f'OIl. CXlIClm~..J!!l
J,... 1', \., ,:;;;
w . \j .. ..",.",-.,;
7
~ -. .31.}
. . tc, ~'
.
I
~
l<
i
t
e. Please provide any additional information which you may
feel is re:evan~ to this request. :nt~ ~~~~~ ,~
9.
~~. n-fE. f:;:=;::t;;c.::::r O~ ntE t-E~'tt SoIlt-H-oo.tO l~
'Fb:::-c"t\v'~.
Oeed Restrictions: The County is legally precluded from
enfcr=:ng deed restrictions, however, many communities have
adcpted suc~ 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 :s affected by existing deed restrictions.
.
lC. Previous land use petitions on the uubject property: To your
knowledge, has a public hearing been held on this property
w i t~i:-,. the last year? =. f so, what was the nature of that
hear:':1g?
;...10
Additional Submittal requirements:
-""'--~,Q",".:::Io~ ---.",,...--..__
"-'-'...:----.....-- O~t""'-__c___..,
a==':'::C:1
:0 :::is
oreer for your app:'i::at.lcn to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
t.:~e f~:':':"";::1q :7'.:":5: =e s~bt:"..:..-::ed i~
a. A copy cf the ~re-app:'icat~o~ meeting notes;
b. Ten (10; copies cf a 2~" x 3€" conceptual site plan [and
one reduced 8~" xl:''' copy cf site plan], drawn to a
maximum scale ef : inch equals 400 feet, depicting the
follo~ing [Addit:.ona:' copies c: the plan may be requested
.....pOI': comple:.:c:-. ~& s:aff eva:'l.:a:ion fer distribur' c:1;~~3MYI.
UPLICATtOlf P':lIl. PmIt.IC IU.lI.mG rOIt COMDITlao.J. on JUN () 9 IS98
I
t_.~", $
8
.
the 30ar= and various advisory boards such as the
Environme~tal Advisory Board (EAS), or CCPC];
· all existing and proposed structures and the
dimensior.s thereof,
· provisions for existing and/or proposed ingress and
e9res~ (including pedestrian ingress anc egress to the
site and the structure{s) on site),
· all existing and/or proposed parking and loading areas
[inc~~de matrix i~dica:ing required and pro7ided
parki~g and loading, including required parking for
the d:.sabledJ,
· locatic~s of solid waste (refuse) containers and
ser~ice :unctio~ areas,
.
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location
of existing utility services to the site),
· proposed and/or existing landscaping and buffering as
may be required by the County,
· :oca:i~~ c: a:: signs and lighting including a
narrative statement as to the type, character, and
:::i;':'".e:-.E:'::-.~ ;5:"::::-, as ~ei9r::, a=ea, etc.);
c. An Environmental Impact Statement (EIS), as required by
Section 3.8. of the Land Development Code (LDC).
.
d. Whether or not an EIS is required, two copies of a
recent aerial photograph, (taken within the previous
t.....el ve months), minimum scale of one inch equals 400
feet, shall be submitted. Said aerial shall identify
plant and/or wildlife habitats and their boundaries.
Suc~ identification shall be consistent with Florida
Department of ~ransportaticn .Land Use Cover an
Classification System.
':~~)J
Jl!,~ r. I. .,;j I
i
.
p" _~0_
A.PPLIC.UION roJt .u.uc n.u.tlfQ FOl{ CClHOInCtO.I. on
9
1-
._,..~~ _ _w..._.
~_ ~_If__'_~ _ _......__ ~..--~ ~__
_.,
-
._~-
- -
.
,...,,.,
e. Statement 0: utility provisions
attachme~ts and sketches);
(witr~
all
required
.:. A Traffic Impact Statement (TIS), unless waived at the
pre-application meeting; UA".JrW:O.
g.;" historical and archeological survey or waiver
t-JA- application if property is located with.l.n an area of
historical or archaeological probability (as identified
at pre-application meeting);
""',I.lr
Any additio~al requ~rements as may be applicable to
specific co~ditional uses and identified during the pre-
application meeting, including but not limited to any
required state or federal permits.
.
!:!!!:1CATION I'QIt pgnxc ~ rc. coetTIO>>.I. on
r'-:-~l'/~
JU'.' ~. <. ~~"'3
;1 \, t,; a;-..;;
10
L. p~ -~-1-- ,_
.
.
.
TRAFFIC IMPACT STATEMENT (TIS):
A ~:S is req~:re= ~~less waived at ~he pre-appl:cat~o~ ~eeting.
The TIS required may be either
the pre-applica:ion meeting.
regard to TIS sub~::tals:
a major or minor as determined at
Please ~ote the following with
MINOR TIS: Generally required for conditional use (and rezone)
requests for property less than 10 acres in size, although based
on the inte~sity cr u~ique character c~ a petition, a major T:5
may be required :or petition of ten acres or less.
MAJOR TIS: Required for all other CO:1=it:onal use (and rezo~e)
requests.
A minor TIS shall include the followinq:
I.
Trip Generation: AnnlUI Average Daily Traffic
(at buildoUI) Peak Hour (AADT)
Peale Season Daily Traffic
Peale Hour (PSDT)
Trip ASSIgnment: Within IUdius of Development Influence (ROl)
Existing Traffic Within ROY
AADT Volumes
PSDT Volumes
Leve! of ServIce (LOS)
Impact of the proposed use on affected major thorou~hfues. Ulcluding any anticipated changes 1J\ level of
service (LOS).
Any proposed improvements (10 the Site or the eltternal risht.of.way) such as providing or eliminanng an
ingress/egress pOUlL or providing turn or decel lanes or other unprovements.
Describe any proposal 10 mingate the negative unpacts on the transportation syst~m.
For Rezones Onl)': State how Uus request IS ..:onsistcnl Wtth the applicable pohcies of the Traffic
Circulation ElementlTCE) of the Growth Mu..agement Pan (GMP), mcluding policies 1.3, 1.4,4.4.
S.I.S.2, 7.2 and 7.3.
2.
3.
4.
5,
6.
7.
A Major TIS shall address aU of tbe llenu listed abo\'e (for a MiDor TIS.aad sball also IDdude aD aDalysis of
tbe (OUO.nDg:
1.
2.
3.
4.
Intersection Analysis
Background Traffic
Future Traffic
Through Traffic
Planned'Proposed Road'~ ay Improvements
Proposed Schedule (Pbasmg) of Development
5.
6.
'.' l~lA-'P)
oUr..IQ,T1OH l"OfI PtIlaLIC UM..?JIG J"OIl ~rnCHl\1. ~ _
JUN 0 9 ES.~
11
r:,: _~.._ _
.
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
:'he :ol:::l.....ing s~andar::s sha:l be used in f:repa.:-ing a 7:LS :::l:
submitta: in conjunc:l::lr. with a conditional use or rezone
petitio~:
1.
Trip Generation: ?:ovide the total traffic generated by the
project for each link within the project's Radius of
Oevelopmerlt Influence (ROI) in conformance with the
acceptable traf::c engineering principles. The rates
putlished in the latest edition of the Institute of
7ra;-,sp8rta: icn Eng:.neer s (ITE) Trip Genera tion Report shall
be used unless documentation by the petitioner or the County
justifies the use of alternative rates.
Trip Assignment: Provide a map depicting the assignment to
the network, of those trips generated by the proposed
project. The assignment shall be made t::l all links within
the ROI. Both annual average and peak seasonal traffic
sh::luld be depicted.
Existing Traffic: Provide a map depicting the current
traffic conditions on all links within the RDI. The AADT,
PSDT, and LOS shall be depicted for all links within the
ROI.
Level of Service (LOS):
expressed i:-. terms of
Generalized Daily Servlce
the GMP.
Radius of Developmant Influence (RnI): :~e ::S sha:: =ove:
the ~eas: 0: the :::ll:c~ing tw~ areas:
.
2.
3.
4 .
The LOS of a roadway shall be
the applicable Collier County
Volumes as set forth in the TCE of
5.
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed
prcjec~ on the major thoroughfares exceeds one percent of
the LOS "C".
Land Use
Distance
1. Reside~:ial*....+..........5 ~iles or as required by
OR!
2. Other (commerclal, industrial, institutional, e
c.),:~ .
JII'.1 r. ~ " -.. :~\
.." .
AP'LIOrrOM f'OIl. POauc a:.MD<<:l r::;a (XIlC)lTlCIUI.L un
12
Po _.31 . .
.
.
.
c - 49,999 Sq. Ft............2 Miles
50,000 - 99,999 Sq. Ft................3 Miles
100,000 - 199.999 Sq. Ft.........."'...4 Miles
200,000 - 399,999 Sq. F":..............5 t-~i les
400,000 .; up ..........**.......5 Miles
In describing the
in roac rr.i les
geometric radius.
RC: the TIS shall provide the measuremen~
froIT, t.he proposed project rather than a
6. Intersection Analysis: An intersection analysis is required
for all intersections within the RDI where the sum of the
peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7.
Backqround Traffic: The effects o~ previously approved but
undeveloped or partially developed projects which may affect
major thoroughfares with:n the RDI of the proposed project
shall be provided. This information shall be depicted on a
map or, a 1 terna ti vely I in a listing of hose proj ects and
their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional
increases in traffic resulting from potential de.,elopment
srlall be pro'lided. Potential development is that which may
be developed maximally under the effective F~ture Land Use
Element (FLeE) and the Collier County Land Development Code.
This estimate shall be for the projected development areas
.~.:. ::-..i:'"'. : r. e ;: :- ~ j e::: s ?,::. A rr1a p c:- 2.. i s t C f
. . ~ ..
suc~. _ones .....~ t:-.
~~tent:al ~ro::i= :~?a=: =alculations shal~ be ~rcvided.
9. Throuqh Traf~ic: At a mi~imum, increases in through traffic
shall be addressed through the year 2015. The methodology
used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup
data to support the estimation as well.
10.
Planned/Proposed Roadway Improvements: All proposed or
planned roadway improve~ents located within the RDI should
be identified. ~ description of the funding commitments
shall also be included.
-..:. Eit;j;)"-
.unto. TICIf f"Ol\ POlIl.Ie I:XMIl<<3 FOIl CClttl:l:'l'l~ 0"
J'" rl . ~
\J : .t \.. r :: _ j
13
P" ---1<> _...
.
11. Project Phasing: When a project phasing schedule ~s
dependent upor. proposed roadway impro.....ements, a phasin;
sche~~~e may be included as par: of the ::5. If the :raf:~=
impa=t~ cf a prcjec: ?~e ~itigated through a phasin;
sched~le, s~ch a phasing schedule rr.ay be made a condition of
any ap;:;:-oval.
715 FCP~ FVB/~~ ::/:~!~~
.
J.PVLIc;.\nac rea r,JllLIC JIUoIU)f3 roP. COMOITICtQJ. UIl!
i
,.:' I!J/jjpj.- _. ~;,'~,.,
~:;:
JU'" f'. /' . :
.~ \1 : ;,
14
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'i
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__4.___....____.........
II
.
.
.
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1. NAHE OF APPLICAl~T: J..A,At2J( 0 f.::JE;.v~LO,o V\~ c...o 12. ;::;
2 . MAILING 1\DDRESS: Co ( 2,0 W I ..J I<- L-6e. (:Lf)
CITY e:r f'\ 'f'l5 t2. ~ t:- l.....
ZIP :s ~ ~ I 3
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): ~2"
~t.-ITA ~f>4~ ac..-VO, f-.J,4p~S F-"'-
4. LEGAL DESCRIPTION:
Sectio:l.:
Township: Range:
Lot:
Block: Subdivision:
Plat Book
Page #:
Property 1.0.#:
Metes , Bounds Description:
S. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable
system) :
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM G
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NN-!E
d. PACKAGE 'l'REA'l'HENT PLANT 0
(GPO capacity)
e. SEPTIC SYSTEM ~ €.'t--t~T\"",,,)
6 .
TYPE OF iQTER SERVICE TO BE PROVIDED:
a. COUHTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRrvATE SYSTEM (WELL)
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AJlPLICATIOtf FOIl. PC8:'IC II:Z.AA%l'Q rea CtIIDl'!'t(lO.1, t;7I1: .
JUN 0 9 lSS8
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11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: :f ~he project
:s loca~ed withi~ the services boundaries of Collier
County's ~t:lity service system, written notarized statement
shall De p=c"Jided agreeing to dedicate to Collier County
Utilities the water dis~ribu~ion and sewage collection
facilities .....ithir; the project area upon completion of the
construction c: these :acili~ies i~ accordance with all
appl~cab:e c~u~:y c:d~~a~:es i~ e::ec~ a: :~e a~ ~ime. This
.
.
7.
TOTAL POPULATION TO BE SERVED:
2- ~\L.'-{
8.
PEAK .AND AVERAGE DAILY DEK1\U~3:
9. WATER-PEAK
10. SEWER-PEAK
AVERAGE DAILY
AVERAGE DAILY
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w "
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE D.i\TE SERVICE IS EXPECTED '1'0
BE REQUIRED:
10. NJ.RRATIVE STATEMENT: Pro.lide a b=j.ef and concise narrative
statement and schematic drawing of sewage treatment process
to be '.;sed as wel: as a specif.:.:: statemen-: regarding the
me-:hod of affluent and sludge disposal. If percolation ponds
are -:0 be '..:sed, :he:-. ?ercclation data and soil involved
s~a:: be ~=o'v':deG from tests prepared a:-.d certified by a
p=o:essio~al engineer.
s:a~eme;.:
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agreement
:hat
~he
applicable syste::-, developmen~ charges and connection fees
~:__ t~ ~a:j :: :~: :=~~~~. ~:~::::es :iv:s:=~ p=~== ~= ~te
~ssua~ce =~ t~:~~:~; pe~~~~s ~~ ~he Coun~~'.
- ... ..... ..
~: app~l.c:aD..:.e,
the s t.a :.e;.\e:-.: sf,a:": cor ~ai;, sna:':" contain an agreement to
dedicate the appropriate utility easements for serving the
water and sewer systems.
12.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS :
Unless waived or otherwise provided for at the pre-
appl ication meet ing, if the proj ect. is to receive sewer or
potable water services from any provider other than the
Co~~ty, a s~atemen: from tha~ provider indicating that ~here
:s ade~~a:e capac::y tc ser~e :.he projec: shal: te provided.
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JUN 0 g lSoH I
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Uti1iey Provi.~on '~~t ~ 10/17/97
APPLrc:.a.nClt FOil POSLIC JlJ'..U.DIG ~ COHDIT'ICIUoL Olf!
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:~a~ ~e/: a=/a:~ :~e cwne:s :~ :~~ p:cp~=~~' ces:=:~ed here:.~ a~= w~~=~ :s ~~e
s~=Je=t mat~er c: t~e ~ropose:: hearln;: tha~ a:1 ~he answers :: tne ques~ions
i.. thls ap~licatlc:'., :n=ludi~:; the disclosure o! interes: :.r.tcr::la~icn, a:'l
sKe:ches, data, and c:ner su~plernentary matter attached to an:: made a part 0:
tr.is applica:ion, are l".cnes: and ':.rue to the best cf o~r kn"",:"edge and belie:.
''\e/: -wnders:a::= :~.a: :~.e ::-.fo~.a::~:: req\:es:ed cr. tr.:'s a~~:'::::at:.o:"l must be
complete an::: accura:e and ~r.at :he conter.t of this torr., whether computer
generated cr CO~:1ti' pri:::ed sl".a:'~ ::c: be al :ered. Public hear:.ogs will no: be
ad~er:ised ~:::~_ :~~s a~?:l=a::~~ :s deemed co~plete, r quired
.:~fo:1':'.a:icr. i'".as :;f:e:'". S",;.:::r.:::ec. ~';e/: ~'.Jr:.~e:- :led t act as
'R,~A(1..0 F. ~~,.....t, . PtZ.ES
~AMS OF OWNEK (?=~~: ~= type)
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my/o-.:r representati~e :.:: a::y ma:ters regardlng
NAMS 0: OWNEK (?=:~: or type)
~A-e..o ~. DJ~'-4 ~ <
NAME OF AGE~: (P=:~: or :ype~
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NAME OF AGEN: (?r:r-.t ~r type)
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as identification and who did (did not)
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Notary Public)
State c: :~~r:da
Cou~~y c: :~::~e=
take an oath.
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NOTARY PUBLIC
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CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS Ca-IPLE'l'ED CHECKLIST IS TO BE SUBMI'.I'TEO "''"ITS APPLICATION
PAC!CET!
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10. A check made ou1: to 1:b. Bo.rd
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.td::"'d~: ,...~',';-;i; . . ' ":
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As the authorized agent/applicant for th1S pet~:~O~1 : a:tes: :nat all of the
info=ma~~o~ i~d~ca~ed C~ tt~s checklis: 15 ~~c:~ded :~ t~is submittal package.
I understand that failure to include all necessary subm:ttal information may
'es":~ tic ~he eel'v .,,"~ ~~'s P""'.'
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EXECUTIVE SUl\1l\tARY
PETITION NO. CU-98-5, BRUCE TYSON. ASlA. A1CP, OF WILSON, MILLER. BARTON &
PEEK. INC., REPRESENTING THE FOUNDATION FOR MENTAL HEALTH, INC, (DAVID
lA WRENCE MENT AL HEALTH CENTER) FOR A CONDITIONAL USE, NAMELY
CONDITIONAL USE "2'" SOCIAL & FRATERNAL ORGANlZA TIONS OF THE "E" EST A TES
ZONING DISTRICT, FOR PROPERTY lOCATED ON THE NORTH SIDE OF GOLDEN GATE
PARKWAY AT 6075 GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COllIER COUNTY, FLORIDA. CONTAINING 9 55:t ACRES.
OBJECTIVE:
The objective of this petition is to pro\lide for expansion of the Foundation For Mental Health facilities
known as the David Lawrence Mental health Center through the action of granting a conditional use for
social and fraternal organizations.
CONSIDERA TIONS:
The David La\'<Tence Mental Health Center is located on the north side of Golden Gate Parkway on
approximately ten (10) acres ofland in a typical Estate lot configuration which produces a depth of 660
feet: The current uses are authorized by prior provisional uses and consist of approximately 36,884
square feet of floor area housing the services pro\;ded by the David Lawrence Mental Health
organization.
The current petition if granted will authorize an additional 33,400 square feet of building space in a
manner consistent with the site master plan that will become part of the development order if approved.
It should be noted that the draft resolution is crafted to provide that the uses authorized are those that
fall within the Charter of the Foundation For Mental Health and does not open development of this
property to any other social or fraternal organization as otherwise implied by reference to conditional
use "2" of the Estates District (Section 22.3.3 2 )
The Collier County Planning Commission reviewed this petition on May 21, 1998 and unanimously
recommended its approval to the Board of Commissioners as described by the draft Resolution for
Adoption and exhibits made a part thereof.
No communications were received in opposition to this petition nor were any presentations made to the
CCPC in opposition to the approval of this petition.
FISCAL IMPACT:
.
This petition by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed, The mere fact that new develop
approved will result in a future fiscal impact on County public facilities. The County on~"i~pltt J1(A ~
fees prior to the issuance of building permits to help off-set the impact of each new d elopment on
JUN 0 9 1998
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public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds from
other revenue sources in order to build nceded facilities.
GROWTH MANAGEMENT L'\1PACT:
The property is located within the Golden Gate Estate-Mixed Use-Residentially designated area on the
FLUE Map to the GMP. The current development was approved as a consequence of three separate
provisional uses (now conditional uses). Conditional uses of land are auth('lrized by the Golden Gate
Area Master Plan and Collier County GMP, subject to criteria. This petition, represents an expansion of
currently authorized uses and is also bordered on its east side by an existing conditional use (i.e. church
) and is therefore consistent with prerequisite criteria. Relative to other consistency relationships with
applicable elements of the G:MP we would advise as follows:
Traffic Element - The ITE Trip Generation Manual indicates that the facility will generate
approximately 1,353 trips on a on the weekday at build-out. Based on this data, the site generated
traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on
Golden Gate Parkway. Furthermore, this petition will not lower the level of service below any adopted
LOS "0" and "E" standard within the project's radius of development influence (ROI). Therefore, the
project is consistent with Policy 5,1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists
this segment as a 4 lane arterial road. The traffic count 21,069 and is operating at LOS "A". It should
be noted that this segment is not projected to be deficient within the next 5 years.
Other Applicable Elements - 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 extension of available public utilities is required, these will be
mandated at the time of approval of the required site development plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioners property is located outside an area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
survey and assessment is required, However, pursuant to Section 2.2.25.8.1. of the Land Development
Code, if, during the course of site clearing. excavation or other construction activity an historic or
archaeological artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
PLANNING COMMISSION RECOMMENDATION:
The Petition CU-98-5 be approved in the manner described by the draft Resolution of Adoption and
Exhibits made a part thereof
.
~~
JUN 0 9 1998
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CURRENT PLANNING MANAGER
REVIEWED BY:
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VJN ~-~~RO. AlCP, ADMINIS'l'RATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
CU-9&.S EX SUMMARY Imd
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AGENDA ITEM 7-G
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ANnUM
TO:
COLL
:OMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
APRIL 28, 1998
RE:
PETITION NO:
CU-98-5, DAVID LAWRENCE MENTAL HEALTII
CENTER
.,
OWNER! AGENT:
Agent:
Bruce E. Tyson, ASLA, AICP
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Owner:
Foundation for Mental Health, Inc.
6075 Golden Gate Parkway
Naples, Florida 341 r6
.
REOUESTED ACTION:
This petition seeks to expand an existing conditional use and to have a long range master plan of
development approved illustrating the planned expansion program..
GEOGRAPHIC LOCATION:
The property is located on the north side of Golden Gate Parkway, east of Interstate 75. (see location
map following page)
PURPOSElDESCRIPTION OF PROJECI:;
.
The Foundation for Mental Health has operated the David Lawrence Center for Mental Health and
Drug Abuse from the subject property since 1969. Currently, 36,884 square feet of building area is in
place in several buildings. This proposal includes a ma...ter plan for expanding the ability of the
center to deal with the increasing demmds of an increasing population. Specifically. the conditional
use if approved would provide for an incrt:ase in building space of about 33,400
additions to existing buildings, and as separate buildings on the cum:nt site area
Building intensity when completed will represent a Floor Area Ratio of 0.17.
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SURROUNDING LA.."ID USE AND ZONING:
Existing:
The current site of9.55 acres is partially developed and contains
building space of 36,884 square feet and supporting parking lots
(PU-77-Sc, PU-8S-13c and PU-86-18c). This was
accomplished through prior approved conditional uses. The
property is zoned "E" estates.
Surrounding:
North -
East -
South -
.
West -
To the north lies existing residentially developed
acreage parcels fronting on 28* Avenue SW.
These properties arc zoned -'E" Estates.
To the east lies the property and church use of
the Golden Gate Church of God (pU-84-1c).
The property is zoned "E" Estates.
To the south lies the Golden Gate Parkway a four
lane divided highway. Properties are
residentially developed on acreabe size lots. The
property is zoned "E" Estates.
To the west the land is undeveloped "E" Estates
zoned property.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The property is located within the Golden Gate Estate-Mixed Use-Residentially designated area on
the FLUE Map to the GMP. The current development was approved as a consequence of three
separate provisional uses (now conditional uses). Conditional uses of land are authorized by the
Golden Gate Area Master Plan and Collier County GMP, subject to criteria. This petition, represents
an expansion of currently authorized uses and is also bordered on its east side by an existing
conditional use (Le. church) and is therefore consistent with prerequisite criteria. Relative to other
consistency relationships with applicable elements of the GMP we would advise as follows:
Traffic Element - The ITE Trip Generation Manual indicates that the facility will generate
approximately 1,353 trips on a on the weekday at build-oUL Based on this data, the site generated
traffic will not exceed the significance test standard (5 percent of the LOS "e" design volume) on
Golden Gate Parlcway. Furthermore, this petition will not lower the level of senice below any
adopted LOS "1)" and "E" standard within the project's radius of development influence (RDI).
Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TeE).
The TCE lists this segment as a 4 lane arterial road. The traffic count 21,069 and is 0 .
"A". It should be noted that this segment is not projected to be deficient within the n
.
2
JUN 0 9 1998
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Other Apolicable Elements. 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 extension of available public utilities is required, these will be
mandated at the time of approval of the required site development 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 survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land
Development Code, if, during the course of site clearing, excavation or oth:r construction activity an
historic or archaeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted..
EV ALU A TION FOR ENVIRONMENTAL. TRANSPORT AnON AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Division staff.
.
CRITERIA EVALUATION:
The Current Planning Staff has coordinated 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 staff recommendation based on that comprehensive overview.
The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the Board of County Commissioners. Each of the
potential impacts or considerations identiGed during the staff review are listed under each of the
criterion noted below, and are categorized as either pro or cons 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.
a. Consistency with this code and Growth Management Plan.
Pro: The requested uses are consistent with the applicable elements of the GMP and
provisions f the LDe.
Con: Not applicable in view of the consistency evaluation with the GMP and
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Summary Conclusion (Findin2s): The proposed use is authorized by prior conditional uses
in this Estates designated area, and is bound on its east side by a conditional use further
satisfying criteria for approval of conditional uses.
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: The subject site is directly accessed via the Golden Gate Parkway, a County arterial
road which is currently four laned and divided in its east/west directions, therefore, exhibiting
minimal traffic impacts on adjacent and nearby properties.
Con: The subject use particularly in its expanded mode win result in considerable traffic
movements throughout the day with peak movements during employee arrivals and
departures. This will affect automobile users primarily on the "Parkway", however. eventual
widening to a six (6) lane configuration with left and right hand turning lanes should
ameliorate this condition.
Summary Conclusion (Findin2s): On-site traffic circulation should not adversely affect
adjacent properties as a result of design features and mitigation in the fonn of landscape
buffers. The primary traffic related effect is on the interface with the Golden Gate Parkway.
Eventually, the Parkway will be expanded to a six (6) lane facility and appropriate right and
left turn improvements will be made exclusive of the six {6) lane configuration. The entire
expansion program is not expected to occur immediately, and in any event will not exceed
significance test thresholds as they apply to the Golden Gate Parkway. Staff of the
Transportation Services Department advised that there were no special improvements
necessary to facilitate the expansion program at this time.
c.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: Only one side of the property is contiguous to residential estates development which
due to their extreme depth of property provides a substantial native vegetation separation.
Otherwise other orientations are either vacant or non-residential uses.
~ Irrespective of the separation created by native vegetation on the lots to the north it is
impossible to completely obstruct the transmission of noise and glare from automobile
headlights.
Summary Conclusion (Findings): Given the nature of the land uses we conclude that
operations typically occur between nonnal working hours, Monday thru perhaps Saturday
midday, and therefore the most obtrusive effects of noise and possible glare from automobile
headlights will not impact adjacent properties during evening hours and on weekends.
Additionally, the proposed use shouid not have any noise characteristic other th .
is associated with automobile useage and should have no economic or odor effeClt. ~)
enhanced fonn of landscape barrier should address the potential effect of noise glare.
4 JUN 0 9 1998
~
PQ.
d.
Compatibility with adjacent properties and otber property In tbe district.
.
Pro: Only the north boundary presents a relationship for which a compatibility assessment
is justified. The lots abuning the subject property are 660 feet deep, and have a substantial
native vegetation buffer aside from that which may be developed by this petitioner. This
separation and mitigation should result in the two properties being compatible with one
another.
Con: Neighboring properties to the north may perceive the expanded operations as
disruptive of their expectations for quiet enjoyment.
Summary Conclusion (Findin2s): The David Lawrence Mental Health Center has operated
for a number of years from the current site. Neighboring properties should have expected
growth increments to meet the needs of Collier County residents, particularly inasmuch as
their land holdings make it possible to expand the operations. Fortunately the only contiguous
residential area to the north occurs on exceptionally deep lots providing a natural buffer
separation, which nonetheless can be further enhanced by landscape andlor wall
improvements by the petitioner, and by appropriate site planning to separate the most
intensive operations. The function of the David Lawrence Center is akin to an office park and
does not generate any noise or offensive odors. The singular impact is that of automobiles
accessing and leaving the site during nonnal operating hours. Given existing land use
relationships and site planning considerations this relationship is deemed compatible.
.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition CU-98-S for the
purposes of facilitating the expansion of the David Lawrence Mental Health Center as described by
the Resolution of Adoption and conditions imposed therein.
R NALD F. NINO, AlCP
CURRENT PLANNING MANAGER
,+. 3D .q 5{
DATE
REVIEWED BY:
~
1m ~HERE' AlCP
PLANN ERVICES ~NT DIRECTOR
~ tf, ~~-
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
s
r.. \-,~
DATE'
s- /?-YJ'
DATE .
JUN 0 9 1998
Pa.
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---::-
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. ;'"
.
f.
;:
p.~
,
.
.
Petition Number CU-98-S
Staff Report for the May 21, 1998 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
~~
:MICHAEL t CHAIRMAN
~ ~\ui'
CU-98-S STAFF REPORT/md
"GUl~
M"~
JUN 0 9 1998
6
pg. 10
, ,-,,- . "
_ _ ,"..."11II"" _" ____ .~__L...t.-.---....J!ll
.
Petition Number
. Date
APPLICA nON FOR Plrnuc HEARING
EQB.
~EZONE AND CONDmONAL USE REQUESTS
COMMUNITY DEVELOPMENT DMSION
PLANNING SERVICES
1. Name of Applicant(s): FonMlltion for Mental HP-alth. Inc.
Applicant's Mailing Address: 6075 Golden Gate Parkway
City: Nllples
State: fL
Zip: 34) 16
Applicant's Telephone Number: ~1/455-1031
Is the Applicant the owner of the subject property? --X- 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.
!'
~'
i
l
~:.
_ c)
If applicant is a partnership, limited partnership or other business entity, so . .,'
indicate and name principals below.
X d)
If applicant is an owner, indicate exactly as recorded, and list all other owners, if
any.
_ e)
If applicant is a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
_ t)
If applicant is a contraCt purchaser, attaCh copy of contract, and indicate actual
owner(s) name and addre1S below.
(If space is inadequate, attach on separate page.)
2. Name of Agent: Bruce E. Tyson. ASLA
Finn: Wilson, Miller. Bllrton & Peek
Agent's Mailing Address: 3200 Bailey T .:me. Suite 200
City:
Naples
State:
Florida
Zip: 34105
Agent's Telephone Number:
JUN 0 9 1998
~VfJr.'U.A.WioI
I.-.v-
--'''-- .
po. II .
_ ~~__ __ -1,._.. _..,_'_ _ _"~"",.~L Hi
ITEM 13A*(2) PAGES 12 AND 13 NOT
ON MICROFILM
.
RESOLUTION 98-____
A RESOLUTION PROVIDING rOR THE ESTABLISHMENT
or SOCIAL AND FRATERNAL ORGANIZATIONS AND
CARE FACILITIES CONDITIONAL USES -2- AND "S-
IN THE "E- ESTATES ZONING DISTRICT PURSUANT
TO SECTION 2.2.3.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
~nforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
.
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of
Conditional Uses "2- and "5- of Section 2.2.3.3 in an "E- Estates
zone with spec~fic limitation that uses conducted are those within
the charter of the Foundation For Mental Health, Inc. on the property
hereinafter described, and has found as a matter of fact (Exhibit
"A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for
the Collier County Planning Commission: and
WHEREA$, 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.
JUN 0 9 1998
-1-
.;
~g.
14
NOW, THERErORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS.
Collier County, rlorida that:
The petition filed by Bruce Tyson, ASLA, ATCP of Wilson, Miller,
Barton, Peek, Inc., representing Foundation f?r Mental health, Inc.,
(David Lawrence Mental Health Center) with respect to the property
hereinafter described as:
Exhibit "8" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses -2. and -5-
of Section 2.2.3.3 except as further conditioned limiting uses to
those within the charter of the Foundation For Metal Health Inc. of
the -E" Estates zoning district in accordance with the Conceptual
Master Plan (Exhibit "C") and subject to the following conditions:
a.
The Planning , Technical Service~ Manager may approve
minor changes in the location, siting, or height of
building, structures, and improvements authorized by
the conditional use. Expansion of the uses identified
and approved within this conditional use application,
or major changes to the sice plan submitted as part of
this application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development
Plan Review and Approval, of the Collier County Land
Development Code (Ordinance No.91-102).
.
b. An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4.
CCLDC .
c. An exotic vegetation removal, monitoring, and
maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation, shall
be submitted to Current Planning Enviro~~ental Staff
for review and approval prior to final site planl
construction plan approval.
d. A six (6) foot decorative masonry fence/wall shall be
constructed along the north property line opposite
vehicular use areas at the time said vehicular use
areas are constructed.
e. Light standards shall not exceed a height of sixteen
(16) feet and shall be shielded to ensure that no
light reflection projects to the north property line.
Said standards shall be installed by the time
vehicular use i~~rovements and lor additions are made.
BE IT ~~RTHER RESOLIJ~ED that this Resolution be recorded in the
.
min~tes of this Board.
JUN 0 9 1998
-2-
D..
I~.-
...
..
:2..:'~
.
....)
Done this
This Resolution adopted after motion, second and majority vote.
, 1998.
ATTEST:
~~IGHT E. BROCK, Clerk
Approved as to rom and
Le9al Sufficiency:
~ lrh. .&u~,~
Marj r e H. ~tudent
AsSistant County Attorney
, lev- 91- s '.ESOI.C7Tt 0.
..
day of
:.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, Chairman
,
,
\ .
.
./
,
,
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JUN 0 9 1998
.)-
Pn.
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.
CU-98-S
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 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 Plan:
Yes 1./ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience, .
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes .../ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible usp. within district
Yes ~ No
Based on the above findings, ~s ~~itional use should, with
stipulations, (copy attached) shoul not) be recommended for
approval .
DATE, $/tl Jf'{ MEMBER' ~ II I~
/ /
,
t/CU-98-S FINDING OF "ACT K2MBU/
,:>~)
JUN 0 S 1998
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-5
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 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 Plan:
Yes J No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes / No
p
c. Affects neighboring properties in relation to noise,
glare, e90nomic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible uQe;within district
Yes \... No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: S/~I\ q6 MEMBER~~
--
.
,
f/CU-U-5 ,.nmI~ or 'ACT KIMIID/
A:;~
NO.~)
...~
......
JUN70 9 1998
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:.:;:"'.~'<:'-~,,/</::,..-:~,.,~,?..':::.:~,.,,,:.-,,~:.:;,>~'.~{7/(:'::~;;~,~>';'.<,1,~~.i:.:(~',f ,(.'-:/:,:~.:;.,:: '.~:.<' ',; ~J~~'..~, ;",;::;;;:~~>. ',',' ,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.
CU-98-5
"
,.
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 of the Land Uevelopment 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 Plan:
Yes X No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience, .
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes X No
.
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible USA. within district
Yes...x. No
Based on the above findings, this conditional
stipulations, (copy attached) (should not) be
approval bf)~..N:?r>-"""
DATE: ~\'>I\~b-
use sho'.1ld, wi th
recommended for
-~-~
,.
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JI>.
".
.
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-5
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 of the Land D~velopment 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 PI~:
Yes ..L- No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes v" No
C. Affects neighboring properties in relation to noise,
glare, ecgnomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us~~thin district
Yes No
,
f/co-n-s FINDINO OF !'ACT HEM:9DI
Based on the above findings, this conditional
stiPulation~. (copy ~ttached) (should
approval ~ 11/_" / .
DATE: Y-f/ -9' r
I
1oGfj;f/~\
HO~)
JU~ (}. 9 1998
~...~,-.
Par ~D
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~-,__......,-.-~_4__. __~~._ _~_.4""
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.
CU-98-5
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 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 Pla~
Yes ./ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ss
Yes c../'" No
.
C. Aff~ects neighboring properties in relation to noise,
glare, ec omic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use ~thin district
Yes ,,/ No
DATE:
MEMBER :.
use should, with
recomme d for
WhU-
Based on the above findings, this conditional
stipulations, (copy at ached) (~.... r'" ,t) be
approval I',t'~ 'v <!:. ,.
~
f/CU-91-S PrNOINa OP PACT KEMBERI
,to~~"
JU~~, ~998
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.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-9B-5
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 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 ~he nd Development Code and
Growth Management P n:
Yes No
.
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~
Adequate ingress & ~~e.ss
Yes ~. No
C. Affe~s neighboring properties in relation to noise,
glare, ~~nomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the d~~ct,
Compatible use ithin district
Yes _ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (gS~ ~. ~~ e recommended f~V
approval . ,1" " /;
DATE: b~~f / tfD MEMBER: W1.JI.J<J" \./t;:;t..
~ I t
I
.
f/cu-98-S FI~~INC OF F~CT KEMBERI
JUN 0 9 1998
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A COt~ITIONAL USE PETITION
FOR
.
CU-98-S
The following facts are found:
1. Sections 2.2.3.3.2 & 2.2.3.3.5 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 Plan:
Yes 'X No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience, .
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes X. No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
X No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes .~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (8R~nlj Rlt) be commended for
approval /
--- 9Y
DATE: ..;:,::) ~..2 /- ~_
MEMBER:
~
f/CO.U-5 PINDING OP FACT HlXBn/
AG
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Exhibit "C"
1:1'110 11m n.~m
DAVD LAWfENCE ceHT'ER
.
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-
Description of part of Golden Gate Estates Unit 30,
Plat Book 7, page 58, Collier County, Florida.
(David Lawrence Center)
All of Tract 43, Golden Gate Estates Unit 30, Plat Book 7, page 58 as recorded in Ofticia1
Record Book 684, page 1638 and the west 150 feet of Tract SO of Golden Gate Estates, Unit 30
Plat Book 7, page 58 as recorded in Official Record Book 865, page 679 Public Records of
Collier County, Florida;
Subject to easements and restrictions of record.
EXHIBIT "B"
AG- '
No.
JUN 0 9 1998
Po. ~S':
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DAVO LAWFENCe CENTER
EXHIBIT "e"
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EXECUTIVE SUMMARY
PETITION NO. CU 98-6, ALL AMERICAN HOMES, INC. REQUESTING
CONDITIONAL USE PER SECTION 2.6.33.4.5. OF THE LDC FOR AN EXTENSION
OF A TEMPORARY USE PERMIT FOR A MODEL SALES CENTER FOR PROPERTY
LOCATED AT 930 39Tli STREET SW (INTERSECTION OF 39Tli STREET SW AND
WHITE BOULEVARD) IN THE GOLDEN GATE ESTATES.
OBJECTIVE:
The petitioner is requesting the above described Conditional Use for an existing model
sales center in the Estates District.
CONS.DERA nONS:
All American Homes owns a model home center located at the above address. The
model center was developed in 1993. A temporary use pennit for a period of 2 years, In
compliance with Section 2.6.33.4.1. of the LDC was Issued at the time of final
inspection. In 1995 the Collier County Planning Commission, in compliance with section
2.6.33.4.3. of the LDC, granted a 3 year extension of the temporary use permit for the
said model center. The applicant. in compliance with section 2.6.33.4.5. of the LOC. Is
requesting a conditional use to allow the applicant to continue the use as a model home
center.
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The Collier County Planning Commission reviewed this petition on May 7 t 1998, and
with a vote of 9-0 recommended a conditional approval, authorizing the use of the
property for a model sales center for an additional period of five (5) years.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HlSTOBIC/ARCHAEOlOGICAlIMPAC1:
Staffs analysis indicates that t"e petitioner's property Is located outside an area of
historical and archaeological probability as referenced on the official CoUler County
Probability Map. Therefore, no HistoricaVArchaeological Survey and Assessment is
required.
PLANNI~4G COMMISSION RE~QMMENDAnON:
That the Board of Zoning Appeals conditionally approve CU-98-6, authorizing the
continuation of the present land use for a period of five (5) years. AG
No.
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PREPARED BY:
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CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
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RONALD F. 0, Alep, MANAGER
CURRENT PLANNING SECTION
R~~-: ~ERE, AICP, DIRECTOR
PLANNING SERVICES
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VINCENT A. CAUTERO, AlCP, ADMINISTRATOR ATE
COMMUNITY DEVELOPMENT & ENVlRONMENTAL SERVICES
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AGENDA ITEM 7-L
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVlRONMENTAL SERVICES DIVISION
DATE:
April 2, 1997
PETITION NO: CU 98-6
RE:
OWNER/AGENT:
Owner.
All American Homes, Inc.
4863 Golden Gate Parkway
Naples, FL. 34116
REQUESTED ACTION:
The applicant is requesting the approval of a conditional use for an existing model
home center in the Golden Gate Estates.
GEOGRAPHIC LOCATION:
The subject property is located at 910 39111 Street SW. ( Intersection of 39'" Street SW
and White Boulevard) and is further described as North 180 feet of Tract 151, Golden
Gate Estates Unit 27 , Collier County, Florida.
PURPOSElDESCRIPTION OF PROJECT:
All American Homes owns a model home center located at the above address. The
model center was developed in 1993. A temporary use permit for a period of 2 years, in
compliance with Section 2.6.33.4.1. of the LOC was Issued at the time of final
inspection. In 1995 the Collier County Planning Commission, in compliance with section
2.6.33.4.3. of the LOC, granted a 3 ~ear extension of the temporary use permit for the
said model center. The applicant, in compliance with section 2.6.33.4.5. of the LOC, is
requesting a conditional use to allow the applicant to continue the use as a model home
center.
SURROUNDING LAND USE AND ZONING:
Existing:
-Model home center, zoned CEstates.
Surrounding: North -Vacant, zoned cEstates.
East -Vacant, zoned cEstates.
South -Single famny residence, zoned cEstates.
West -Vacant, zoned .Estates.
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STAFF ANAL VSIS
Consistency with this code and Growth Management Plan.
~Provisions of the LDC make It possible to authorize a model home center as
a conditional use.
Cm4 Pursuant to the Golden Gate Master Plan, traditional :onditional uses could
not be authorized in this location..
Summary Conclusion (Findings):
This request Is for an existing model home center. Section 2.6.33.4.5. of the
Collier County Land Development Code states · Extension of temporary use
permits for model homes or model sales centers In excess of three years shall
require submittal and approval of a conditional use permit In accordance with
section 2.7.4." of the LDC. This conditional use permit Is somewhat different from
others which may be approved for churches or other types of non-residential
uses within a residential district, in that it Is a residential structure. Model homes
are permitted for two years with the Issuance of a temporary use permit and an
additional three years with the Collier County Planning Commission's approval.
Any extension beyond that will require approval of the Board via conditional use
process. Model homes are basically single family residences which are
temporarily being used as models. Because of the changes in the market and
the age of the structure model homes are generally converted into residences
after few years of use.. Other conditional uses, when approved, will stay in place
for a period of time much longer than model homes.
In the strictest sense, this request does not comply with the Golden Gate Master
Plan, unless the Board of Zoning Appeals finds that It is the intent of Section
2.6.33.4.5. (Temporary Use f,action) to require adherence with the procedures
set forth in Section 2.7.4. ( Conditional Use Section) but not with all the
requirements of the GMP, as required by the said section.
b.
Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedesbian safety and convenIence,
traffic flow and control, and access in case of fire or catastrophe.
.E.r.g.:... The ingress and egress to the site is adequate. Ingress and egress is
provided through two existing driveways. This model home center generates
approximately 15 to 20 trips per day. The impact of this on the neighborhood is
negligible.
~ None.
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JUN 0 9 1998
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Summary Conclusion (Findings): .
The traffic generated by this use will not exceed the significance test standard (5
percent of the level of service LOS "e" design volume) on White Boulevard or on
39111 Street SW fronting this project. In addition, the site generated trips will not
lower the LOS below the adopted LOS "0" standard for any segment within the
project's radius of development influence ( ROI). Therefore, this project is
consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TeE).
c. The effect the conditional use would have on neighboring properties In
relation to noise, glare, economic or odor effects;
m This model home center will be open to the public during the daytime, and
will not create any glare or odor. Due to the large size of the tract and natural
vegetation, the limited amount of the noise created by the automobile traffic
should not reach the neighboring properties.
.QQn:... This model center could potentially have more nuisance value attributable
to a higher level of traffic movements than a single family residence.
Summary conclusion (Findings):
This site will generate more traffic than a regular single family residence. .
However, due to the size of the tracts and natural vegetation, this noise should
not reach the neighboring properties. There will be no glare or odor generated by
this model home.
d. Compatibility with adjacent properties and other property In the district.
m This property is surrounded on three sides by vacant tracts of land.
Cone: The property to the south contains a single family residence.
Summary Conclusion (Findings):
White Boulevard is a 2 lane collector road. It is a very busy and noisy road. The
amount of traffic provides a good exposure to model homes. That is why a
multitude of model homes are located on this road. Therefore, a model home as
such for a limited amount of time should be compatible with the neighborhood.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition CU-98-6 to the BCC with a
recommendation for conditional approval subject to staff stipulations. ,..:G~
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JUN 0 9 1998
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ROB T J. MULHERE, AICP, DIRECTOR
PLANNING SERVICES
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VINCENT CAUTERO, AICP . ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
PREPARED BY:
d..-hr&>t ~ ~ftckV1
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
Petition Number: CU-98-6
Staff Report for May 7,1998 CCPC meeting.
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DATE
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DATE
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'DATE
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NOTE: This Petition has been advertised for the May 26. 1998 BCe meeting.
COLLIER COUNTY PLAQG COMMISSION:
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MICHAEL A. DAVIS, CHAIRMAN
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RESOLUTION 98-___
.
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A MODEL HOME IN THE -E- ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.6.33.4.5 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 14, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
15 WHEREAS, the Legislature of the State of Florida in Chapter
16 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
17 conferred on Collier County the power to establish, coordinate and
II enforce zoning and such business regulations as are necessary for the
19 protection of the public; and
W WHEREAS, the County pursuant thereto has adopted a Land
21 Development Code (Ordinance No. 91-102) which includes a
22 Comprehensive Zoning Ordinance establishing regulations for the
D zoning of particular geographic divisions of the County, among which
z.c
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
dU_
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~ appointed and constituted planning board for the area hereby
n affected, has held a public hearing after notice as in said
21 regulations made and provided, and has considered the advisability of
~ Conditional Use approval for the continuation of a model home
~ pursuant to Section 2.6.33.4.5 of the Land Development Code in an -E-
31 Estates Zone for the continuation of a model home on the property
32 hereinafter described, and has found as a matter of fact (Exhibit
33 "A") that satisfactory provision and arrangement have been made
~ concerning all applicable matters required by said regulations and in
35 accordance with Subsection 2.7.4.4 of the Land Development Code for
~ the Collier County Planning Commission: and
37 WHEREAS, all interested parties have been given opportunity to
J' be heard by this Board in a public meeting assembled and the Board
39 having considered all matters presented.
~ NOW, THEREFORE BE IT RESOLVED, BY THE BOARU OF ZONING APPEALS Q
AG
"I Collier County, Florida that: Ito.
JUN 0 9 1998
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The petition filed by All American Homes, I~c., with respect to
2 the property hereinafter described as:
3
4 Exhibit "B" which is attached hereto and incorporated by
S reference herein
.
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6 be and the same 1s hereby approved for a conditional use to allow for
7 the continuation of a model home in the -Ew Estates Zoning District
& pursuant to Section 2.6.33.4.5 of the Land Development Code in
9 accordance with the Conceptual Master Plan (Exhibit "C") and subject
10 to the following conditions:
11
12 Exhibit "0" which is attached hereto and incorporated by
13 reference herein.
14 BE IT FURTHER RESOLVED that this Resolution be recorded in the
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IS minutes of this Board.
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This Resolution adopted after motion, second and majority vote.
17
Done this
day of
, 1998.
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20
21
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
.
22
2J
2A
BY:
BARBARA B. BERRY, Chairman
25
26 ATTEST:
n DWIGHT E. BROCK, Clerk
za
29
30
31 Approved as to Fom and
32 Legal SUffiCiency:
33 ~i ")?]. /}n'<'fitt
304 Marjc:(,tie M. Student
3' Assistant County Attorney
36 f/CV-'I-' ~OLOTto.
37
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LegalD.scriptlon
North 180 feet of tract 151 Golden Gate Estates Unit 27, as recorded in Plat
Book 7. Pager 17 & 18, of the Public Records of Collier County, Ronda.
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AG~ .84()
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exhibit -B-
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AGREEMENT
.,.
I, Robert T. Pearson, as authorized agent for Petition CU-98-6, agree to the
following stipulations requested by the Collier County Planning Commission in their
public hearing on May 7, 1998.
PlanninQ Services:
a. The Current Planning Manager, may approve minor changes In the
location, siting, or height of buDdings, structures, and improvements
authorized by the conditional use. Expansion of the uses identified and
approved within this conditional use application, or major changes to the
site plan submitted as part of this application, shall require the submittal of
a new condfUonal use application, and shan comply with an applJcable
County ordinances in effect at the time of submittal, including DMslon 3.3,
Site Development Plan Review and approval, of the Collier County land
Development Code, Ordinance (91-102).
b. This Conditional use for a model sales center is approved for a period of
fIVe (5) years. At the expiration of the Conditional Use, the buDdings must
be converted into single family residences.
.
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PETITIONER OR AGENT
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me this
day of , 1995 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)
NOTARY PUBLIC
Commission #
My Commission Expires:
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REPRESENTATIVE FOR CCPC
State of Florida
County of Collier
}.:
The foregoing Agreement Sheet was acknowfedged before me this
day of , 1998 by , who is personally known
to me or who has produced as identification and who did
(did not) take an oath.
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(Signature of Notary Public)
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NOTARY PUBLIC
Commission #
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EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE EXCA V AnON PERMIT NO. 59.649 MIKE HOLLEY
EXCA v AnON LOCATED IN SEcrION 21, TOWNSHIP 48 SOUTH, RANGE 27 EAST:
BOUNDED ON THE ~ORTH BY VACANT LOT, ON THE EAST AND THE SOUIll BY
VACANT LOTS AND ON THE WEST BY 41'11 STREET NE R/W.
OBJEcrIVE:
To issue Excavation Permit No. 59.649 for the Mike Holley Excavation in accordance with County
Qrdinance No. 91-102 as ameaded, Division 3.5.
,,' CONSIDERATIONS:
Th~' petitioner proposes to obtain a commercial excavation permit to allow fiU material totaling
" 20,000.00 C.Y. to be hauled off-site.
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, FISCAL IMPACT:
The fiscal impact to the County is none. The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center 138900 - Development Services
Revenue generated by this project
Total $2,765.00
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The breakdown is as follows:
a) Excavation Review Fee - S 850.00
b) Excavation Pennit Fee - $ 157.00
c) Road Impact Fee - $1,758.00
GRpWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Conunissioners approve the issuance of Excavation Penn it No. 59.649 for
the Mike Holley Excavation with the following stipulations:
I. The excavation shall be limited to a maximum depth of twelve (12) feet below wet season
water table and a minimum depth of six (6) feet below low water table.
2 Off-site removal of material shall be subject to "Standard Conditions" .
Transportation S<"'TVices Division in document dated 5/24188 (copyattac
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3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
.
4. All provisions or Collier County Ordinance No. 913102. Division 3.5 shall be adhered to.
5. Groundwater shall not be pumped during the excavating operation.
6. No blasting will<< pennitted unless issued a separate permit by Collier Co1D1ty Engineering
Review Services.
7. Stockpile side slope shall be at a maximum of 4: I unless fencing is installed around the
entire perimeter of the stockpile area.
8. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and
erosion control device installed.
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9. No excavation permit shall be issued until the road impact fees has been paid.
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10. If trees are to be removed as a result of the excavating operation, a Vegetation Removal
Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier
County Planning & Technical Services before work shall commence.
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DATE
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ROB RT J. MUL RE, AICP D TE
PL~G SERVICES DEPARTMENT DIREcrOR
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VINCE~" A. CAUTERO, ADMINISTRATOR DA
COMMUNIlY DEV. AND ENVIRONMENTAL SVCS.
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Permit No.S9.626 EX SUMMARY/SSlden
JUN 0 9 1998
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COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDmONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages ofproject devclopment:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standart's applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bilcepath shall be required as minima.l site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal crcatc a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2.
Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair sharc by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Di'l. 3.5 and Right-of-Way Ordinance No. 93-64.
.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of ~"eight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted.
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Pcrfonnance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
.
AG~""J\\'1I)
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EXHIBIT "B"
Page One of Two
JUN 0 9 1998
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Based on soil boring intonnalionper~ NO: 9;-?m'~~. b~'~.
may be appropriate. Should a blasting permit application be submitted and should ,
residential areas exist within one mile of the excaV3tion site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts fi'om ~lasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of ....
approval in addition to conditions per Ordin2llCe No. 91-102 as amended arc as follows:
-
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend andlor revoke blasting permit authority should it
be detennined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage andlor related physical effects ofbtasting
operations.
7.
No excavation permit ~ball be issued until receipt of a release from the Transportation .
Services Administration applicable to proper mitigation of ofT-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended,
Reference to letter of 5/24/88
Revised 1/13/98
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Page Two of Two
JUN 0 9 1998
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LOCATION MAP
AG,.iEr~
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JUN 0 9 1998
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UQ'OKST TO APPROVJ: FOR RBCORDZKG TBB FDQL PLAT OF HILLTOP
KSTATES AND APPROVAL 'Z'HB PDJ'ORXANCJ: SBCUR.ITY
O&nCTIVKz
To approve for recording the final plat of Hilltop Estates.
CONSIDBRATJ:ONS s
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The Board of County Conmissioners on October 22, 1996 approved
the final plat of Hilltop Estates with the stipulation that the
plat not be recorded until security was provided to ensure
completion of the required subdivision improvements.
FISCAL IMPACT:
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The fiscal impact to the County is listed below.
project cost is $7,176.23, to be borne by the developer.
The security amount, equal to lOOt of the cost to complete the
remaining improvements and lOt of the total cost of the project, is
$717.70. The developer has provided a Cash Bond as the required
security. The County will realize revenues as follows:
The
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Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Service9
Revenue generated by this project:
Total: $551.12
Fees are based on a construction estimate of $7,176.23 and were
paid in June 1996, and are refl~cted in the Executive Summary of
October 22, 1996.
JUN 0 9 1998
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Executive Summary
Hilltop Estates
Page 2
GROWTH MANAGEMENT IMPACT s None
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of
"Hilltop Estates", with the following stipulations:
1) Accept the Cash Bond as security to guarantee completion
of the Subdivision improvements.
2) Authorize the recording of the final plat cf "Hilltop
Estates".
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.
PREP:! B~ \
John R. Houldsworth, Senior Engineer
Engineering Review
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Date
REVIEWED BY:
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Thomas E. Kuck, P.E.
Engineering Review Manager
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Date
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Planning Se ices Department Director
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Vincent A. Cautero, AICP, Adm nistrator
Community Development & Enviro~~ental Services
Community Dev. and Environmental Svcs. DIVISION
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OCT 2 2 1996
CONSTRucnON AND MAINTENANCE AGREEMENT
FOR SUBDMSION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
TInS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT
entered into this I 7~ day of...J '-4 ......., , ' 1996 between James B. Willberger,
Trustee and Indivldual1y, hereinafter referred to as "Dcvelope(', and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the -Board".
R ECIT A IS:
1. 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 kn~ as:
Hilltop Estates
2. Division 3.2 of the Collier C.ounty Land Development Code allows the
Developer to construct the improvements required by said subdivision regulations prior to
recording the final plat.
NOW, THEREFORE. in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as
follows:
1. Developer will cause to be constructed:
Roads, Drainage and Landscaping
within 36 months Crom the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith agrees to construct said improvements prior to recording
said subdivision plat and the Board of County Commissioners shall not approve the plat for
recording until said improvements have '>een completed.
3. Upon completion of said improvements. the Developer shall tender its
subdivision performance security in the amount of $ 717.70 which represents 10% of the
lotal contract cost to complete construction. Upon receipt of said subdivision performance
security by the Development Services Direet:>r. the Developer m:lY request the DO:lrd of
County Commissior.crs to approve the subdivision plat Cor recording and g~nt prelimin:lry
:Ipproval of s:lid pIa t.
Page 1 of 3
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OCT 2 2 1996
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4. The required improvements shall not be considered complete until :l statement
of substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by tbe Development Services Director for
compliance with the Collier County Land Development Code.
5. The Development Services Director shall, within sixty days of receipt oC the
statement of substantial C01.a:i~!etion, either: a) notify the Developer in writing of his
preiiminary approval of the improvements; or b) notify the Developer :n writing of his
refusal to approve the improvemem', therewith specifying those conditions which the
Developer must fulfill 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 of this Agreement.
6. 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 Development Services Director to inspect the required improvements. The
Development Services Director or his designee shall inspect the improvements and, iC Cound
to be still in compliance with the Collier County Land Development Code as reflected by
final approval by the Board, the Board shall release the 10% subdivision perfonnanct:
security. The Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for the County.
7. In the event the Developer shall Cail or neglect to fulfill its obligations under
this Agreement, upon certification of such failure, the County Administrator may call upon
the subdivision perfonnance security to secure satisfactory completion. repair and
maintenance of the required improvements. The Bo:ud shall have the right to construct and
maintain, or cause to be constructed and maintained, pursuant to public advcnisement and
receipt of acceptance of bids, the improvements required herein. The Developer, as
principal under the subdivision perfonnance security, shall be liable to pay and to indernnify
the Board, upon completion of such construction, the final total cost to the Boord thereof.
including, but not limited to, engineering. legal and contingent costs. together ~ith any
.
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JUN 0 9 1998
OCT 2 '1 1996
damages, either dir~ct or consequential, which the Board may sustain on account of the
failure to the Developer to fulfill all of the provisions of this Agreement.
8. All of the terms, covenants and conditions berein contained are and sball be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this .t. z- day of
t?~, 1996.
Signed/sealed and delivered
in the presence of:
~.)rd~_~rs.W~
I \c... ..,.-}.\. ~"'N:..s James B. Wiltberger, Q
Trustee and Individually
Printed or TYP(fD~~f,,4.MC: /G"-'IIJHJi
(/(locJtr ~~
Printed or Typed Name
A TIEST:
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BOARD OF COUNTY COMMISSIONERS OF
COUJER COUNTY. FLORIDA
. DWIGIrr, .E:'B~OCK, CLERK
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APptl:iVe((~'~o form and
legal sufficiency.
~ · J l'JA Jv<-
~avid ~igel
Collier County Attorney
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JU.N 0 9 1998
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Hilltop Estates Subdivision
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Engineer's Estimate or Probable Construction Cost
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May, 1996 .
I. DRAINAGE SYSTEM
ITEM # DESCRIPTION OUANTI1Y .IlliII UNIT PRICE TOTAL
1. 12" C.AP. 30 LF 15.00 450.00
2. 12" Mitered End Section 2 EA 150.00 300.00
TOTAL DRAINAGE SYSTEM 750.00
1[. GRADING. PAVING & MISCELLANEOUS
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ITEM II DESCRIPTION QUANTITY 1llilI UNIT PRICE TOTAL
1. 12" Compacted Subgrade 607 SY .74 449.18
2. 6" Umerock Base 4n sy 3.25 1,550.25
3. 1" Asphaltic Concret.-: 434 SY 2.20 954.80
4. Stop Sign & Stop Bar 1 EA 232.00 232.00
S. Regrade Existing Swales 1 LS 1,000.00 1,000.00
6. Landscaping 1 LS 2,240.00 2,240.00
TOTAL GRADING, PAVING & Mr~CELLANEOUS 6,426.23
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SUMMARY
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DRAINAGE SYSTEM
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GRADING, PAVING &. MISCEllANEOUS
TOtAL
COUNTY REVIEW FEES (SUBDMSION AND PLAT)
PAVING & DRAINAGE REVIEW (0.425%) III 7176.23 X 0.00425
PIA T REVIEW: $425.00 + $4.00/ AC X 1.03 AC
TOTAL REVIEW FEES
DRAINAGE & PAVING INSPECTION (~.27S%) III 7176.23 X 0.01275
TOTAL INSPEcrION FEES
TOTAL COUNTY FEES
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$ 750.00
K.t?li on
$7,176.23
. $ 30.50
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III 5429.12
= $459.61
a $ 91.50
= S 91.50
= 5551.12
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EXHmIT .A.
ENGINEER'S ESTIMATE OF PROBABLE CON5I'RUcnON COST
DRAINAGE
PAVlNG.CONCRETE,NaSCELLANEOUS
SUBTOTAL
TOTAL (ROUNDED TO NEAREST $1.00)
10% OF TOTAL
$7,176.23
$ 717.70
OCT22 &I
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S6.42623
$7,177.00
JUN 0 9 1998
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006960
100 3M Group, Ine.
;OlU Collier County Board of C
INVOICE' DESCRIPTIOM
)33098- lOne Year "aint. Hilltop
DATE 30el ACCOUNTI
03/30/98 6056 l1S20
AftOUMT
717.70
DISCOUNT
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GEM LIAB MET AIIOUKT
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TOTAL
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3N GROUP, INC. . 4270 PROGRESS t\VE. · NAPLES, FLORIDA 34104
006960.',
3N GROUP, INC.
4270 PROGRESS AVE.
NAPLES, FLORIDA 34104
(941) 261-2220
6960
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DATE.: .'~
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DOLLARS
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~THE Collier County Board of C
W"".OEA OF
Naples'- FL
33942
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EXECUTION OF APPRAISAL AGREEMENT FOR VALUATION OF RIGHT-OF-WAY FOR nIB
FOUR-LANING OF RADIO ROAD FROM SANTA BARBARA BOULEVARD TO DAVIS
BOULEVARD.
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OBJECITVE: To obtain independent appraisals of the tw.l compensation d"oc property owners for the
acquisition of right-of-way required for the four-lacing of Radio Road from Santa Bamara Boulevard to
Davis Boulevard.
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CONSIDERATION: On April 21, 1998, the Board adopted Resolution 98-105 authorizing acquisition
of the subject right-of-way by gi~ purchase or condemnation. '
Most of the right-of-way necnsary to construct this four-lane segment of roadway has aJn:ady beieD
acquired through PUD developer commitments. Curtent roadway design calls for rel~"g the
connection between Davis Boulevard and Radio Road further to the west To accomplish this, it is
necessary to acquire additional right-of-way.
Bids for this appraisal assignment were solicited from all of the appraisers on the Board'. approved list
of pre -qualified eminent domain appraisers. Two responses were received. Kenneth R. Devos, MAl.
already under contract to Collier County for the Livingston Road and Immokalee Road right-of-way
acquisition projects, bid $2,000 per parcel. Real Property Analysts, Inc., bid S 1 ,950 per parcel "
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FISCAL IMPACf: The bid for the initial appraisal reports is $1,950 each ($3,900 totaJ). Should
condemnation be neces.wy to secure the required easements, an update of each ~sa1 wiD be
required; and the services of the appraiser as an expert witness at an Order of Ta1cing hearing. In
addition, the appraiser's services may be required for review of claims asserted by the defendants and
for attendance at mediation and/or trial.
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Excluding any appearance at trial, it is estimated that the total ~tures under the terms of this
agreement will not exceed $7,500. Funds for t::ese estimated cxpcnditures will be covered in
Fund No.
Cost Center No.
Project No.
333
163650
65031
(Road Impact Fees - District 3)
(Road Impact Fee Construction)
(Radio Road)
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, . GROWl1l MANAGEMENT IMPACT: ~ a Capital Improvement Element project, the
recommendation is consistent with the County's Growth Management Plan for CIE #16.
RECOMMENDATION: That the Board of County Commissioners approve the bid award to Real
Property Analysts, Inc., and authorize its chairman to execute the attached Radio Road Phase n
Appraisal Agreement on behalf of the Board.
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PREPARED BY'
DATE: 5--/9",ti8
Valuation Coordinator
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REVIEWED BY
DATE: $'/.-v /#'~
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Micah Massaquo'
Office of Capita
roject Manager
~ects Management
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DATE: 4./&:t,# I
REVIEWED BY:
Rich Hellriegel, P .E., Interim Director
Office of Capital Projects Managem
APPROVEDBY~-
Ed Ilschner. Administrator
Public Works Division
DATE: c:~-9'i
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RADIO ROAD PHASE II
APP~SALAGREEMENT
THIS APPRAISAL AGREEMENT entered Into this l.!..L- day of M.y . 1998. is by
and between COLLIER COUNTY, FLORIDA. a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose ma~ing address is 3301 Tamiami Tra~ East. Naples.
Florida 34112. and REAL PROPERTY ANALYSTS. INC., a Florida corporation, (hereinafter
referred to as "Appraiser"). whose marling address is 1000 South Federal Highway, Suite 202.
DeerfJeld Beach, Florida.
WITNESSETH: In consideration of the mutual promises contained herein. County and
Appraiser hereby agree as foI\ow1:
1. ASSIGNMENT. For each parcel fISted on Exhibit "A" (and for any parcels which may be
added to this assignment), Appraiser shall provide to the County a wrltten na~tive appraisal
report which sets forth Appraiser's estimate of compensatIOn due to the record OOe holder of the
parcel. a portion of which is required for the construc:tlc.l'l of pYbliC roadway, drainage. and
utilities Improvements. Compensation estimates shaD Include an estimate of the mart<et value of
the Interest in real estate sought by the County, an estimate of .severance damages to the
rema~nder property (if any). as well as an estimate of any S~8Cl81 benefits. a~lng to the
remaInder property either by reason of the taking or the construction of the publIC Improvements.
Estimates of compensation for each interest lCQ\Iired from a single parent tract shall be let fcmh
individually but contained within a single wntten appraisal report.
2. STANDARDS AND REOUIREMENTS . Appraiser's written report shall conform to aD
applicable standards IS set forth by the Uniform Standard! of Professlon.I Appraisal Practice
(USPAP). 1998 Edition (The Appraisal Foundation) governing the preparation and
communication of complete. self-contained appraisal reports. Appraiser's written report shan
also conform to "Collier County Supplemental Standards- (a supplement to the Uniform
Standards of ProfeSSional Appraisal Practice). as set forth in Exhibit "S", attached hereto and
incorporated herein by reference.
3. DUE DATE . Upon execution of this Appraisal Agreement by the Chairman of the Conier
County Board of County Commissioners. County shall issue a Notice to Proceed to Appraiser.
FollOWing receipt of the Notice to Proceed, Appraiser shall submit an unbound, uncertified. draft
phctocooy of the appraisal reports to County for review in accordance with the schedule set forth
on Exhibit WA,". Within one week follOWing each notrflC8tion from County that a draft appraisal is
accepted and approved, Appraiser shall provide to County three (3) written appraisal reports in
final form. each with original signature and color photographs.
4, INVOICING AND FEES. Unless the provisions of paragraph 6 are invoked regartfmg
alterations In the scope of work to be performed. the fees as set forth on Exhibit -A-shan be paid
to Appraiser by Count.,. following complete review of the written appraisal reports. or if required.
follOWing receipt from Appraiser of appropriate substantIVe and factual corrections which "...ay be
requested by County, The hourty rate payable tt:. the Appraiser by the County for requited
andlor requested expert witness testtmony, attendance at mediation andlor court hearings. tnal
appearances. pre-trial preparation. preparation of court exhibits which are not already a part of
the appraisal report. and for time spent In authoriZed travel shan be $125. The hourty rate ror the
services of an associate appraiser, employed by the Appraiser. for the above.referenced
litigation. related services. which may be required or requested by the County. shan be $90.
Such hourly rates shan be fun compensation for services and expenses in connection therewith.
except for the expen;,.!s of travet specificany authoriZed by the County in advance, in writir\9. and
in accordance with thl provisions of Section 112.061, FloricIa StaM... The time reported by the
Appraiser to perform specific wort< related to litigation is subject to final approval by the County
Attomey. or by an attomey employed by and representing the County. Appraiser's invoice must
contain a description of t."le service provided. project and parcel number (or name). and the
amount of fee payable, Appraiser shall maintain docump.ntatiol'l for an fees ch:::rge::l u:<:::lor :'~e
terms Of trHS Agreement for a period of not less than three years from the date of the final invoice
for appraisal services rendered relatIVe to the Property.
5, UPDATES AND REVISIONS. Upon request made by County within one year of the dale of
value as set forth in tne CerMcate of Appraisal. Appraiser shan prov;de a wntten update of the
original appraisal report. Written appraisal updates may be communicated in letter form with
recertification 8S to compensation due the property owner; but must contain or inClude .s
exhlbrts all new information not contaIned either in the original appraisal report. or any previous
updates. upon which the Appraiser's conClusions are b.sed. Appraiser shall llso prepare
~. :1;:1 Ay, )_
JUN 0 9 \998
PG. ~
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revised appraisal reports at the request of County to coincide with changes in the Iiz~
configuratiOn of the property to be acquired, and/or changes in the interest in real ~
sought by County.
6. FEES FOR UPDATES AND REVISIONS. Fees charged by the AppraISer for providing
wrfften appraisal updates within one year of the date of value set forth in the original appraisal
report (as abOve) shaR be established by mutual ~reement between the parties 10 thiS
Agreement but shan not exceed sixty percent (60%) of the fee 8S set forth on Exhibit .". for
preparatiorl of the original appraisal report for tho Property Or-, ,tw,:!,! instances, however wt"I"O
the (!:,.'~,,~"ls of value of the parent tract have chang!:.. lO'i:jr'.,:........lIy. fees charged by the
Appraiser for providing written appraisal updates shan be established by mutual agreement
between the parties to this Agreement prior 10 commenC6m8nl of any wo~. and shan not be
subject to the sixty percent limitation.
It is hereby understood and agreed to by the parties that revisions to project plans. legal
dewiptions, and/or the interests in real property sought by County can significanUy 8lter the
appraisal assignment and scope of wor1t required of Appraiser. It is further understood and
agreed to by the parties that when said revisions alter Appraise(s acope of ~. any increase In
service fees charged by Appraiser mist be approved in advance by County before any
additiona. wor1t shan commence. This PfOY!1ion thai extend to the additiOn of appraisal
assignments by County p.e., Idditional andlor .split-otr' parcels to be appraised.)
7, UPDATE DUE OATES - Due dates for the derlVery of written appraisal updates thai be
established by mutual agreement between the parties 10 this Agreement
8. COMPlETION I CORRECTION . If a substantially c:ompIeted written appraisal report
(original) is delivered to County by the due date, or by a dale lTlI.It\Iany agreed upon, but which
repor1 fa~. to comply with the USP"p. or which report contains errors or omissions from within
either the body or the addenda. Appraiser shaH, within fourteen (14) calendar days from tt1e date
of notifICatiOn by County. furnish such corrected andlor additional pages which will bring the
appraisal report into compliance with the USPAP ancllor c:omtd such errors and omissions (if
any), No penalty for late performance will be charged against thl Appraiser within said 14 day
penod, Nor shall Appraiser charge County any additional fees for bringing written appraisal
reports into compliance with the USPAP. for c:orreding any errors, or for providing previOu~
omitted materials. .
9. LATE PENAL TIES I EXTENSIONS FOR CAUSE. It is acknowledged tt1at time is of tt1e
essence. and that the following schedule shan govem the assessment of penalties for late
performance:
(a) In the event that the written appraisal report containing the estimates. opinions and
conclusions referenced in Section 1 of this Agreement. is not compleled and submitted to
County in accordance with the due date as set forth in Section 3 of this Agreement: then
County at its discretion may reduce Ihe fee payable 10 Appraiser, as set forth in Section 4
of this Agreement. by fIVe percent (5%) for each week. or portion thereof. for every week
the written appraisal report is past due: or
(b) In the event that circumstances beyond Ihe control of Appraiser cause completion of
the written appraisal report to be delayed beyond the due date as set forth in Section 3 of
this .Agree~nt. and prior to said due date there is a mutual understanding between the
partIes to thIS Agreement that such delays were beyond the control of Appraiser. County
may issue all ex1ension of the due date without penalty. Said ex1ension shall cile the
reason for delay in completion of the appraisal report and shall let a new due date for
submission of the report
10, CONTRACT ADMINISTRATION - County's Right-of.Way De:;ign and Valuation Coordinator
(hereinafter referred to as .Contract Manage"'). shall be responsible for ensuring performance
under the terms and conditions of this Agreement.
11, MEETINGS. Appraiser shall meet with the Conlract Manager to discuss the appraisal
(and/or updated appraisals) of the Property. Time(s) and plaee(s) of meebng(s) shall be
established by mutual.greement of the parties to this Agreement
1~. CERTIFICATE ~F APPRAIS"':. Th~ Certificate ~f Appraisal shan be signed by Joseph F.
Miller, ASA. In additlon, at the dIscretion of AppraIser, one (1) associate appraiser, either
Af1NO}al~Y2,
NO.~
JUN 0 9 1998
PC. 4-
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WOt1dng In a contractual relationship or IS an emp40yee of Appraiser, is hereby authorized by
County to sign the Certificate of Appraisal. ~ pet101lS consuned by Appraiser in the making of
appraisals under the terms of this Agreement must be property identified in the written appraISal
report(s ).
13. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written
appraisal reports relating to the Property with anyone without the approval of the Contract
Man~er. Further, Appraiser shan save harmless the County from .. claims or liabirrties,
including court costs and attorneys fees. due to Appraiser's actlvities. or those of Appraiser'.
agents or employees. and shall not engage In any business transactions inYoIvIng any of the
properties appraised under the tem'ls and conditions of this Agreement for a period of one year
from the date of valuation of the latest appraisal. or updated appraisal. of any of the Property.
14. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of
this Agreement. Appraiser warrants that it has not employed, retained, paid, or agreed to pay,
any company or person. other than a bona fide employee, to solicit or secure this Agreement
contingent upon. or resulting from. the award or making of this Agreement Appraiser further
warrants that no part of the total of the fees payable under the terms of this Agreement shan be
paId direcUy or indlrecUy to any employee of the County as wages. compensation. or gift in
exchange for acting 8S offICer agenl employee, subcontractor. or COi'lsultant to the Appraiser ~
connectIOn with any appraisal wori( performed or contemplated under the terms of thIS
Agreement. without prior County approval. Appraiser further warrants that there shan be no
transfer or assignment of any part of this Agreement. except by the written approval of the
Contract Manager. For breach or violation of this warranty County shaH have the right to
termmate immediately this Agreement without financial obligation, or to pursue any other
available remedies.
.
15 WORKERS' COMPENSATION INSURANCE. Appraiser shan provide coverage for an of its
employees as required by the State of Florida Wori(ers' Compensation Law. Said coverage Shan
be (or statutory limits in compliance WIt/'1 applicable state and federal laws. The policy shan
Include employer's hability with a minimum limit of $100.000 each accident.
16. GENERAL LIABILITY INSURANCE . Appraiser shan maintain during the term of this
Agreement comprehensive general hab~ity coverage. induding bodily injury and property
damage. in an amount not less than 5300.000 combined single firnits. Collier County shan be
named an additional insured on said policy.
17, INSURANCE UNDERWRITER RATING. All insurance policies required in Paragraphs 15
and 16 shall be issued and written with a company. or companies. authoriZed to e~.ge in
general liability and public liabIlity insurance in the State of Flonda. authorized to do buSiness in
the State o( Florida. and whICh company. or companies. hold no len than an -A- raling as to
finanCIal strength as reported in Best's Key Rating Guide. published by A. M, Best Company.
Inc,
18 AUTOMOBILE INSURANCE . Appraiser shall maintain business auto liability insurance
coverage with minimum limits of S3OO.ooo per occurrence. combined single limits for bodily
injUry and property damage liability, This shall include owner vehicles. hired and non-owned
vehICles. and employee non-ownershlp, Collier County shan be listed as an additional insured
on said policy.
19, INSURANCE CERTIFICATES . Appraiser shan deliver to the Contract Manager. prior to the
appraisal of lhe Property. those certdicates of insurance which clear1y indicate compliance with
the insurance requirements of this Agreement
20, INDEMNIFICATION. Appraiser shall indemnify. hold harmless and defend the County. its
age~.:s and emplcyees from an suits and actions. including attorney fees and all COSIS of
litigation. and all judgments of every name and description. brought against
the County as a result of lOSS. damage or injury to persons or property by reason of
any act. or fa~url to act. by Appraiser. its agents or employees.
21. PUBLIC RECORDS. Appraiser acknowledges thaI the written appraisal reports. induding
the materials contamed in their adderida. which shan prepared under the terms of this
Agreement. shan become the property of County. and that County may disclose the information
contaIned therein at its discretion. and in accordance with the provisiorls of Chapler 119. Florida
Statutes, Further Appraiser acknowledges that County may lerminate this Agreement should
.
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JUN 0 9 19~8
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Appraiser refuse public access to an documents, papers, letters. or other materials ma<ia
received under the provisions of this Agreement. ...
22. TERMINATION. This Agreement, or any portion thereof. may be tenninated by the parties
by providing written notice to the other. Appraiser shall be entitled to receive just and equitable
compensation for any satisfactory wori( completed prior to such tennination.
23. NONDISCRIMINATION. No person on the grounds of handicap, race, color, rertgion, sex or
national origin Will be exduded from participation in. be denied benefits of. or be otherwise
subjected to discrimination in the performance of this Agreement. or in the employment praC::lCes
of Appraiser. Appraiser shall. upon request. show proof of such nondiscrimination. and shall
post in conspicuous places. avaaahle to 1111 employees and applicants. notices of
non-disetimination.
24. INTERPRETATION AND CONSTRUCTION. This Agreement shan be governed by, and
constNed in accordance with, the laws of the state 0: Florida; and this written Agreement
constitutes the entire agreement between the parties. and there are no other prior or
contemporaneous, oral or written agreements. understandings or promises related to the
Assignment. This Agreement may be modified only by written amendment executed by an the
parties hereto.
25. NOTIFICATION. All notices shan be given in writing to the parties at the following
addresses:
A$ to County:
Real Property Management Department
EiShth Floor. Administration Bldg.
3301 Tamiami Trail East
Naples, Florida 34112
A$ to Appraiser:
Real Property Analysts. Inc.
Post Office Box 9924
Fort Lauderdale, Florida 3331()'9924
IN WITNESS WHEREOF. the parties have hereunto atlixed their signatures by their duly
authorized representatives. .
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK. Cieri(
COLLIER COUNTY. FLORIDA. a political
sub<:rvlsion of the State of Flonda
By:
Deputy Clerx
By:
Barcara B. Beny, Chairman
AS TO APPRAISER:
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Real Property Analysts, Inc.. a Flonda
corporation
B~~~-"~
Donald T. Sune, PreSident
Approved as to form
Bnt};B"jn]
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Heidi . A$ ton
Assistant County Attomey
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EXHIBIT "A"
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APPRAISAL FEES AND REPORT DUE DATES
PARCEL NOS. APPRAISAL FEE DELIVERY DAYS · . i;;
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144 $1,950 30 ::i;'F
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Fees include Appraiser's subcontractors and sub-consultants.
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PC. 7
EXHIBIT "8"
COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
(A Supplement to tie Unlram Sl8nda-da of ProfaalonaI ~ PnIctica) .
The IoIlowifl9 standards governing the preparalion 01 written appraisal reports for Collier County,
Florida. are Inlended 10 clarify the expectations for Ihe contenl of each and every written appraisal
report (whelher Self.Contained or Summary) prepared for lhe Board of County Commissioners and I
or the vanous DivlslOns and Depar1ments under the County Adminlstralor. Where there may leem 10
be a conflict between Ihele Ilandard. and lhe scope of any assignment undertaken for the County,
the appraiser should consult with the Righl-of.Way Design and Valuation Coordinalor. Real Property
Ma~gemenl Depertmlnl, for further clamlcation. Each app~i~r and appraisal IIrm pre-quanrted t,o
prOVlde appraisal leNlces for Ihe Board of County C?mmrSslOners of Collier County. Florida, /I
ret-;:c"~;~:e lor obtaining and maintaIning a currenl copy 01 the Uniform Standards of Professional
AppraIsal Practice (USPAP).
SALES DATA SHEETS:
Sales Dala Sheets must be accompanied by a location map which clearly shows the comparable sale
property In relation to its neighborhood (whic:tl map may appear on the same page .s the sales data).
The following Information must be readily .pparent from . review of the map enel/or the written
information provided:
o Date of sale and recording data. Granlor I Grantee and type of conveyance Instrument. rr the
sale property is located in a County besides Collier. a copy of the deed of transfer must be
provided as wen.
o
Locallon and legal descriplion (a copy of the deed of transfer may be included with lhe sales
dala sheet precluding the need 10 repnntthe property's legal desaipllon).
Parcel size, access and road frontage (if applicable),
Present use and description of improvements (if any).
Zoning,
Existing and available ulililies,
Sale price, financing, cash equivalent price. and uM price, .
VerifICation data: parties 10 the transaction. comments on the motivation of lhe PIrt....
comments as 10 hOw the parties allOcated value among !he land and various improvements (if
available ).
Appraiser's comments,
o
o
o
o
o
o
o
SALES LOCATION MAPS:
Each wnllen appraisal report shan contain al leasl one map upon which shan be plotted an of lhe
comparable sales analy7ed dUling the develOpmenl of !he apprarsat. If Ih<t comparable safes cover
such an extensive geographle area INI a one page map WOUld be illegible, then more than one map II
encouraged each al a Sc.11e whidllllegtble 10 the reader. i.e.. where COfM'IOn streels, nvers, canals,
cty blockt-. etc. are recognizable.
SAl.ES GRIDS:
Ead1 appraisal report $."18. contain a table of the sales most refled upon by the appraiser in reaching a
final value reconolialic;'l, This Iable (alk/a "sales gricl") Is an effective corrmunicabOn tool. and is of
great valve 10 all but the mosl casual reeder at the appraiSal report. The sales grid must identify each
sate by number or name. mc:lude \he date of !he sale. the size of the sale property. Zoning. purchase
pnce, uM pnce (and wl'\ere appropnale. Ihe price per clwen'ng unit), and a column or row for each rtem
0' companson lor WM:tl adlU$tmenlS were made by lhe appraiser. The sales gnd musl also eonla:n a
co!umn or raw 10 show the subjeCI's allnbules in comparison wilh !he moIl.re'led-upon sates
ADJUSTMENTS TO COMPARABLE SALES:
In addilion to Self.ContaiMd appraisal reports, Summery appraiSal reports prepared for 1h4t County
sh,," COfllain a delalled narratMl expla'nlng lhe adJU$lments made 10 the ~rable sales oncIudlng
Ihe appraIser's reasonIng and the d.ta which forms the baSIS lor the extent 01 each adluslment
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EXHIBIT "B"
COLUERCOUNTYSUPPLEMENTALAPP~SAL8TANDARDS
.
ADJUSTMENTS TO COMPARABLE SALES:
In lIddition to Self-contained appraisal reputtS, Summary appraisal reports prepared for the County
shiH contain a detailed narrative explaining the ICljustmenlS made to the comparable sales Including
the appraiser's reasoning and the data wtIic:h forms the basis for the extent of each acfJUStment.
PARENT TRACT:
Aller appncalion of the three common IaslS to delermine the parenl traet for It'le subjftet property
(contiguity, unity of USI, and unity of ownership), the Appraieer must include a sketch of the wt\oIe
property In the appraisal report; and, in the case of a partial taking, musl show on the skelch Ihe part
being acquired by the County. Unless Co/tier County provides the Appraiser with a parenl Iraet
delermination and an area calc:ulation for the parenl traet, It is the responsibility of the AppraIser to
calculale the area 01 the parent tract
PARTIAL TAKINGS:
A1U! fin oenel'lll) . While the area of the part being acquired will be provided by the County. it Is the
responsibiHty of the Appraiser 10 calculale ll'Ie area of the remainder tract.
Men le.!erN!nl!) . Remainder areas should be the same arter the taking of easements as the area
or the parenllraet prior 10 Ihe taking, The value aller the laking should reneet thaI a pottion of the
parenltract is encumbered by the easemenl laken by the County.
COSI.to-Cure S!!vl!ra!'l~ Damage! . There must be a damage 10 the remainder real estale before a
cur. can be applied. Damages must be supported wilh marjcet dala and specified in dollar lerms.
WIthout Ihis supporting documentahon Collier County cannol be assured lhat the cost or the cure wdI
be less than lhe damages 10 whidllhe property owner would otherwise be enllUed.
.
If the .cure" chosen by the appraiser lI'ldudes a payment 10 the property owner to re-establish.
conslr\Jct. or instan a feature upon It'le remainder, for which lhe property owner has been compensated
in the value of the part laken, then the compensation for It'le taken feature shall be deducted from It'le
lolal compensalion due the property owner. For example: if compensation Includes Itle depreCIated
replacement cost of fencing Iocaled wi\hin \he lake area, and the proposed "cure" includes the
installabon of fencing upon Ihe remainder, the purpose of whidl is essentially 10 replace It'lal fencing
laken by lhe County, !he depreciated replacemenl cosl of the lencing being laken, for which the
property owner has already been compensaled. musl be deducted from lhe loIal compensation due
the property owner.
In addition, If the cure invoI\tos !he relocation or amenities 01' parjcing (or anyttting else Ihat takes up
useable space) onlo lhe remainder property, the appraisal musl address compensation ror lhe loss of
that area occvpied by the reIocaled feature.
"'$ II mlln.r of gentJral policy . . . In Ol'der 10 avoid disputes over the quality of relocation work
performed by !he COl~ty 01' its conlractor.s. Corrllr County will seek 10 limit its Iiabifrty by paying the
depreciated replacament cosl fOl' everything within the lake area. and/or by paying the owner 10
relocale certain lmprOllemenlS onto !he remainder al . location of IheIr choosing. Generally, the
County is better oft purchasing anything within the take area. rather than taking it In good faith that a
property owner win relOcate an improvemenl from the righl-of.way by that poinl in time that the rJQht-or.
way should be clear and ready for conSlrvclion.
Land and Atfecl~ lmorovemenls OnlY on Imoroved P.rO!!I! . It It is the Appraiser's judgmentlhat the
primary Improvements located upon the remainder property are unaffected by the laking. and aner
conslderahon 01 the posslbtli!y of any damages aa:nMg 10 the remainder property, the Appraiser may
eled 10 prepare a before and after eSIima'e or value of It'le value of the /arid only. Such before and
aller values must be dearly labeled in the appraisal report; and such an appraisal report must conl'ln
an expla!'lation and bner discussion of the faders considered in electing nol 10 appraISe !he value of
the property as improved '" both the before and the after situations.
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EXHIBIT "8"
COLUER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS
Sigcs . Should . hde sign a lncome producing sign be discIOYered within lhe~' .m.
Appraiser should CCI'lIUft wtth the County ra sped1\c InslnJdionl on valvlllon It'tdIa
regarding the sIgnage. When preparing an appraisal report ra c:cndemnation lhe .ppraiser
include the depredaled replacemenl COSI of the sigMge in the lolal eslimale of ccmpenqtion due !he
property owner. A cosllo cure the damage resulting rrom the absence of !he sign Is then .pplied in
order make the property owner "whole.'
Soecial BeNlfits . The Appraiser should CCI'lIUft wtth the County prior 10 .nlg"lnl] spedal benellts to .
remainder ~,~>'
DATA BOOKS:
GENERAL NOTE: For multiple appraisal asslgnmenll a O.ta Book may be ~ In KCOrdance
with the lerms of the Appraisal Agreemenl between !he Appraiser and Collier County. FIorlda. Should
the County desire /hal. data book be prepared ror an appraiul project. such wlI be stipulaled In !he
bid solicitalion generated by County slarr; and it shan be made a SpecifIC c:cndition In the ApprMa/
Agreemenl between the Appl'aiser and Collier County. Absenllfly such stipulation. . data booIt wlI
not be required,
All of lhe safes sheels as wen as the narrative discussion or the appraiser's maricel obsetvIlions ancl
Idjustmenll should be on 8 112" x 11' paper bound by. lhr.. rlng bInder to 'CCOfmIOdaIe!he easy
insertion of new safes sheell inlo !he data book. A cover page idenlifylng !he pro;ect for wtlIch !he
data book Is prepared. the name of !he appraiser, and the dale or Its compilation. should be followed
by a Table of Conlenls which must idenlity !he major sections inlo which the data book is divided. The
data book musl contain !he ronewing:
1,
Regional and neighbomood descriplion and analysis, This information may be omitted from
each individual appraisal report as long as !he written report directs lhe reader's attention 10
lhe fact /halthrs informalion is presenled in !he data book.
2.
A'Sales Map' or "location Map. showing the location of each comparable sale property.
which. Sales Data Sheel is contained in the Oata Book. Such maps musl be or a scale. .
produced with a daMly. such /halthe Ioeation of each comparable sale property is discernible
by lhe reader. Arly Llslings employed by the appraiser musl also be shown on the maps.
Separale tabbed sections for. (1) vacant land Sales Oata Sheets. subdivided Into groupings
based upon highesl and besl use. with Iislings grouped together within each sub-group; (2)
imprOVed property Sales Oata Sheell. subdivided into separate groups based upon presant
use, with Iislings grouped together within each sub-group; (3) marteet acfJUStment studies; (4)
income, expense and capitaliZation rate Sludies; (5) regional analysis (unless lhe terms of the
agreement between Collier County and the Appraiser SpecifICally exclude regional analysis
from !he scope of !he assignment(s); (6) neighbomood analysis; (7) applicable excerpts from
zoning regvlalions or such other reference malerials upon which the Appraiser has SpecifICally
relied in de'oelop.llg the appraisals; and (8) any Special studies and/or comparative analyses
made during the development of the appraisals. and/or which were already in eXiSlence ancl
upon which !he Appraiser relied dUMg lhe clevelOpmetlt of !he appraisals.
3,
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JUN 0 9 1998 I
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EXECUTIVE SUMMARY
REPORT ON THE STATUS OF mE GROUNDWATER MONITORING
PROGRAM AT THE NAPLES LANDmL.
OBJECI1VE: To inform the Board regarding groundwater monitoring activities at the
Naples landfill and receive approval of the current monitoring program.
CONSIDERA nON: In 1994 the Board of County Commissioners (03/01194, Item
8G(2)) approved a staffprogram to enhance groundwater monitoring at the Naples
Landfill. On-site enhancements included increasing the number of parameters tested and
scheduling sampling to occur during wet and dry season periods. An off-site component
was proposed to establish additional wells on adjacent private property to increase data on
groundwater in the area.
The on-site enhancements of the groundwater monitoring program were implemented.
The off-site component required securing easements from property owners for well sites
and access to those sites. Efforts to secure these easements have not been successful.
Glven a total of S 12.467 has been expended in attempts to secure easements without
success. further attempts have been suspended.
The current monitoring activity meets all regulatory requirements. All sampling results are
reported by Waste Management, Inc. to the FDEP and the County. A County
representative is present at all sampling events and random split samples are collected by
the County and sent to a County designated laboratory, No problems with groundwater
quality have occurred. Given the above. Staff recommends deleting the off-site
component of the program,
FISCAL IMPACT: N/A
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDA TION: That the Board of County Commissioners accept the report
on the status of the Naples Landtill groundwater monitoring activities and approve the
current monitoring progra;;,.,1 a d
SUBMITTED BY: ~~ "A~~~ Date: yJ-~-?B
David W. Russell, Director, Solid
Waste Management Department
.
APPROVEDBY~
Ed I1schner, Public Works Administrator
Date: ]/""7/98
AGlIlOA iTJI'
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JUN 0 9 1998
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EXECUfIVE SUMMARY
ACCEPT PROPOSAL BY HASKINS, INC. FOR THE REMOVAL OF DEBRIS
BURIED ON SITE AT THE WASTEWATER COLLECTIONS FACILITY
LOCATED AT 6027 SHIRLEY STREET, NAPLES, FLORIDA.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water-Sewer Distric~ authorize a purchase order for the
removal of debris buried at the Wastewater Collections Facility.
CONSIDERA nONS: The purchase and construction of a storage building at the
Wastewater Collections Facility was BCC approved in fiscal year 97/98. All of the
necessary steps have been taken in accordance with Bid No. 95-2334 uAnnual General
Contracting Services" for the procurement and construction of this building. This project
was awarded to The Chris Tel Company and they have applied for and been granted all
necessary permits for this project.
However, prior to construction, a sink hole developed at the site of the proposed building.
Further investigation by Unive.sal Engineering Sciences revealed an area of
approximately 140 ft. long by 90 ft. wide and 8 ft. deep containing construction type
materials (concrete, wood, plastics, etc.) that must be removed prior to any construction
taking place.
Proposals to remove the buried debris and back fill the area with clean sand, were
received from the four contractors pre-qualified under the City of Naples U Annual
Underground Utility and Emergency Repair Contract," City Bid No. 95-26. The
proposals received were:
Haskins Inc.
Mitchell & Stark Construction Company Inc.
Douglas N. Higgins Inc.
Kyle Construction Inc.
S 69,000.00
S 1 05,000.00
S 138,500.00
S 182,000.00
ngAL IMP ACT: Funds for this project are not presently budgeted because, this could
not be anticipated when budget was prepared. Funds can be made available from the
utility operating fund (408) reserves for capital outlay. Reserves will be reduced by
$69,000.00 and placed in the Wastewater Collections cost center 233351. The current
balance in fund 408 capital reserves is 6.8 million dollars.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners,
as Ex-Officio the Governing Board of the Collier County Water-Sewer Distric~ accept
the proposal from, and authorize staff to issue a purchase order to Haskins Inc. in the
amount 0[$69.000.00 for the removal of debris and back fill of clean sand in the
designated area at the Wastewater Collections Facility.
AGlIlOA~
110. Il.( I
JUN 0 9 ~98
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PREPAREDBy:Q-.~/ ~"~- Date:S~z.'-9,f'
David Chronister, Wastewater Collections Supervisor
APPROVEDB~Q~
Timothy U ,Wastewater Director
Date:f/J.l}Q V
APPROVED BY: -<:.~ ~ I ~
Steve C ell, Purchasing Director
APPROVEDBY~:::~"____
Ed DSCMet,' fie Wor.b Administrator
Date:~
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HASKINS INC.
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BOPnTA SPItJ.'IfCl. n..oamA )4135
(941) 947.1146
0 1998
JOe LOCA~
NAPLES, FL
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CITY. STATE AWj ZP COOE
NAPLES, FL 34109
W. h~ submit spedfiealions and mmat.. for:
TRASH REMOVAL FROM CO~~ BUILDING - LUMP SUM - $69,000.00
PLEASE NOTE THIS QUOTE DOES NOT INCLUDE ANY PROVISIONS FOR TESTING,
PERMITS ~~/OR HAZARDOUS WASTE REMOVAL.
THIS PRICE IS FOR EXCAVATION OF DEBRIS IN APPROXIMATELY A 140'X90'
AREA TO BE MOVED OFF SITE AND DISPOSED OF. EXISTING MATERIALS
THAT ARE USEABLE OR SCREENED TO MAKE GOOD FILL MATERIAL TO BE PLACED
BACK AS FILL.
]Dr 'ropo.r hereby 10 furnish material and labor - complete in accordance with above specifications. for the .um of:
SIXTY NINE THOUSAND AND NO/IOO DOLLARS-----------------------
Paymenl 10 ~ m.<'e II fOllows:
dollars ($ 69,000.00
).
PER PAY REQUESTS.
All tN_' . gue..1'IIMd 10 De.. ~ NI. '""" 10 De ~<<l .. . ~
"..""., accordong 10 IWIdIltll ptXkel My ..._ 01 __ "'- ..... ~.
-.. ~ - - .. ~ e..c:utICI 0l'Iy upon wrIIIen or-.. ..... MllDme 8ft
..."a cr>erot eMf ... lIIlow ,. __ NI. 49....1...- ~ lIIlOfI ...... Ie.
CilMnIa 01 0IllIys ~ _ conrol, Ownet 10 """ fire. ~ """ __ -I\'
..........ee Our ~ .... MIy --.cs by WorluNn', ~ ___,
Autl"lOriZltd
Signature
Hot.: This proposa' mey be FIFTEEN
WIthdrawn by us " nee ~ltd wlUIin
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C[tpUntet af JropoJaI - The abcM ~ speclficatlona Slgnatute
IWlCI condmon, ....1IfKtoiy Itld .. tltflby 1ClCIIIpC.Id. You IftIUltloriz.
ed to do ,he wOt1c as~. Payment wi. be ITlIIde .. outlined abo\It.
Date of Acceptanc.: SigNIufe
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LICENSED GENERAL CONTRACTOR .
eG01 SHIItUY STRRT
NAPLES, FLORIDA ana
PH: 84,...,-21.
FAX: 141....'..S
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April 23, 1998
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Mr. Dave Chronister
Collier County Wastewater Dept.
6027 Shirley Street
Naples, FL 34109
Dear Mr.Chronister:
The price to construct the below described work is 5105,000.00. The scope of work is:
( I ) excavate an area eight feet deep by 140 feet long and 90 feet ",ide; (2) remove excavated
material and debri from the site; (3) haul in clean fill and compact: (4) provide density test
results. The price does not include any hazardous waste removal or petroleum contaminated
soil removal. If dump fees for disposal are in excess of 53.000.00 they are to be paid by .
Collier County.
If you have any questions. please contact me.
Very [ruly yours.
MITCHELL & ST ARK CO~STRUCTIO:'i CO., INC.
. ~'----
Brian R. Penner
Vice President
BRP:sc
AN EQUAL OPPORTUNITY EMPLOYER
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April 26, 1998
Dave Chronister
Utilities Division
6027 Shirley Street
Naples, FL 34108
Fax: 941-591-1611
RE: TRASH REMOVAL AND SA.'ID REPLACEMENT AT 6027 SHIRLEY STREET
Dear Dave.
Per our discussion. we are pleased to quote Collier County a price to remove a 140' X 90'
X 8' volume of trash from 6027 Shirley Street. The trash will be replaced with suitable
fill that will be compacted and tested for density. Our price is a lump sum price and
excludes the dump costs at the landfill. Dump costs will be charged at $28.OOIton and
will be confirmed with tickets. Our lump sum price is S 138,500.00.
Please call if you have any questions,
Sincerely.
DOUGLAS N. HlGGrNS
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Project Manager
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KYLE CONSTRUCTION, INC.
4227.A ARNOLD AVE.
NAPLES, FLORIDA 34104
NAME' AOQRESS
COl.LIER COUNTY OOVERNMEm'
6027 SHIRLEY S'ffiEET
NAPLES, FL 34109
A TIN: DA VII> CHRONISTER.
ITEM
DESCRIPTION
EXCA VA IE A. REMOVE DEBRIS AT 6027 SHIRLEY
STREET
REMOVE ALL DEBRIS IN AREA 90' WIDE x r DEEP x J40'
LONG
PRICE INCLUDES: ALL DUMP FEES, EXCA VA noN.
POWER SCREENING OF MA TERlAL A lESTING.
COMPACTION IS. ABOVE WATER TABLE. All
MA TER1AL 2" OR LESS WILL BE USED FOR
BACKFlll.lNG.
ALL WOOD AND FOREIGN DEBRIS wn.L BE REMOVED
FROM MATERIAL.
ADDmONAL FILL WILL BE TRUCKED IN.
TOT At PROPOSAL
PRICE OOES NOT INCLUDE: REMOVAL OF ANY
HAZARDOUS MA TERJAL, GAS OR FUEL T ANlC.
QTY
UNIT
ILS
Total
PROPOSAL
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SHIR.LEY ST
RATE
TOTAl.
112.000.00
112.000.00
SII2,ooo.OO
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JUN 09 1998
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APPROVE AN ALTERNATE ROAD IMPACT FEE AND AN OUTSTANDING
CREDIT FOR THE ROBB AND STUCKY FURNITURE STORE ADDITION ON
US41 NORTH
OBJECTIVE: To present the Board with the findings of an alternative road impact fee analysis
and to request Board approval of the alternate road impact fee and propoc;ed impact fee credit from
prior use of additional property OMled by the applicant, Robb and Stuckey. Inc. (RS).
CONSIDERATIONS: In the fall of 1997, RS acquired the former Magiero Restaurant on US
41 North and converted it from a Low-turnover Restaurant to a Retail Commercial use. At that time,
staff determined that the change in use would not create additional external trips on the county's
roadway network (Attachment No. I).
RS is also in the process of building a large addition to their traditional furniture store located
directly across the street. Staff had provided a road impact fee computation for the new addition with
which RS took issue (Attachment No.2). RS has paid the staff-computed fee in protest (Attachment
No.3).
As a consequence of the payment under protest, RS has provided staff with an analysis showing that
furniture stores in general, and RS in particular, do not generate the traffic volumes assigned to the
general Retail Commercial category in Ordinance 92-22. as amended, the Road Impact Fee
Ordinance (Attachment No.4).
Staff, in its prior review of the Magiera Restaurant conversion, had determined that because the
proposed use of the former restaurant, a patio furniture store, would not generate as many new trips
on the external roadway network as the fonner existing use, there would be no additional road
impact fee due at that time for the conversion. There would be, in fact, a credit available, if approved
by the Board, for use by the OMler on tt.: new retail addition for the traditional furniture store
addition.
Based on the staff analysis, the alternate computation would also yield a net reduction in external
trips and would, therefore, be eligible under the terms set forth in the Ordinance, for consideration of
any possible credits. Although staff disagrees with the RS methodology, the use of their data in the
trip generation, along with the Ordinance trip length and percentage of new trips would still yield a
result that does not require any additional road impact fee (Attachment No.5).
FISCAL IMPACT: If the proposed alternative road impact fee and outstanding credit are
approved, there would be a reduction in income to Road Impact Fee Distri
- City of Naples) of $69,559.67. This reduction in road impact fee revenue
project funding.
JUN 09 1998
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: That the Board approve the alternate road impact fee computation
for RS and the outstanding credit for the conversion of the Magiero Restaurant and authorize staff to
complete the documentation of the approval to the Ci of Naples Building Department.
PREPARED BY:
Edward J.
DATE: )'-l.i,'fk
., Transportation Services Director
REVlEWEDBY;~~
Ed Ilschner, Public Works Administrator
DATE: S-.J.I...~I
Attachments: No.1 - December 31, 1997, letter to City ofNaplcs Building Department
No.2 - March 16, 1998, letter to City of Nap lea Building Department
No.3 - March 27, 1998, letter 1tom RS Representative
No.4 - April 17 , 1998, Alternate Road Impact Fee letter
No. S - April 21, 1998, letter to RS Representative
ESKInU'2798- 'ES RS RrF AI\Cma1e .doc
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COllIER COUNlY GOVERNMENT
TRANSPORTA nON DEPARTMENT
;;01 E. TAML\MI TRAIL
NAPLES, FL 34112
(941) 774-8494
FAX (941) 774-5375
December 31, 1997
^ CEJl.nFJED BWE OUP COMMUNITY
Ginny Stack, Pennit Clerk
City of Naples
City Hall
Naples, FL 33940
Re: Addition to Robb and Stuckey Patio Store
(Fonnerly Mageiro's Restaurant)
Dear Ginny:
The Contractor for the subject project, Scales Company, has requested a road impact fee
compuution for the subject project. They Faxed us a small scale floor plan sho\\ing that
the existing restaurant contains 5.934 SF and the proposed addition \\;11 contain 6.000 SF
for a total new retail use of 11.954 SF.
Based on the foregoing, we offer the follo\\ing computation:
Proposed Use: Retail < 50.000 SF- 11.954 SF @ SI.755i1000 SF = 520.944.17
Existing Use: Lov,,' Turnover Restaurant - 5.954 SF @ $7.081/1000 SF = 542.018.65
Net Road Impact Fee = (521,074.48)
The above computation indicates that no additional road impact fee will be required for
the proposed addition to the fonner restaurant. Be advised that the foregoing computation
is site specific and should not be take.; as a general case. Differing sets of facts will have
differing outcomes. If there are any questions. or if you need additional information,
please contact me at 774-8494.
cc:
David F. Bobanick, Transport.ation Services Director
Bob $c:lIes. The Sales Company. 66 N. Ad:mtic Ave.. Suire 205. Cocoa Be:Jch FL 3293
FiI.: Robb E~A:~ :r~ I
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JUN 0 9 1998
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NAPLES. FL 34112
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Ginny Stack, Permit Clerk
City of Naples
City Hall
Naples, FL 33940
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Re: Robb and Stuck:ey Ad.dition
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Dear Ginny:
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The Contractor for the subject project, The Scales Company, has requested a road impact
fee computation for the subject project. We have examined the architeCtural drawings and
from our cam;n:'ltion we believe the following to be the proposed addition:
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Main floor addition of
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Total addition of
20.007 SF
14.160 SF
34,867 SF
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The total building area, including the proposed addition, will then be 71,007 SF.
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Further, OD December 31,1997. we provided a c:omputation for the Robb and Stuckey
Patio store located at the fonner Magiero ~t. That computation indica1cd that no
fee was required for the Patio Store Addition an:! there would be a credit available to
Robb and Stuckey in the amount ofS21,074.48. The credit could be used against future
buildings by the same owner provided tL.tt the new constn1ction was wholly within the
same: Road Impact Fee District In this case, the proposed addition to the existing
building is directly across the street from the Patio Store and lies wholly within the same
District.
We offer the following computation for this proposed addition:
Addition to Rc13i1 50,000 - 100,000 SF: 34,867 SF @ $1.995/1000 SF - 569,559.67
Less - Credit available to R.obb and Stuckey: = ($21.074.411
Net road impact fee duc - Mf~4J~."
IAlTACHIIEIIf NO. 1-
PAGE I OF-z,
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Daring our discussion with the Cotttrac;tor, he indicated that Robb C1d Stuckey held the
opinion that furniture stores in gcneral, and Robb and Stuckey ~fie".aJJy, did not
generate as much tnffic as mi&Jrt be 'computed based on the read im~ Ue ordinance;
(OrdinMH"C 92-22, as amended). He reques=i that he be pen:nitted to investipte .
providing an alternate road impact fee. .
We explained the provisions of the Ordinance to him md he said 1hat they miJht make an
application accompanied by a lettCr indiClting that the payment was ~ made "under
pretest" in accordance with the Ordinance. If that should occur, please provide a copy of
the protest letter to this office so that we maybqin a file for aubmission Df any altc:mate
study to the Board of County Commissfonm for their COZ1Sideration.
Further, be acfvi!ed that the foregoing computation is site specific and should not be taken
as a general case. Differing sets of&cts will have differing outcomeS,; Iftbcrc are any
questions, or if you need additional jnfonnation. please contact me at n4-l494.
Very truly yours,
P.E.
Services Direcror
cc:
Bob ScaJes. The Scales Company, 66 N. Atlantic Ave., Sum: 205, Cocoa Beach, FL 32931
File: Robb and Stuckey Build1n& Ac1dltion R.1F
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HOLE, MONTES I ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
March 27, 1998
Mr. Edward Kant
Collier County T ransportationl Administration
Transportation Service Building
3301 Tarniami Trail East, Bldg. G
Naples, Florida 34112
SUBJECT: Robb &. Stucky Impact Fee: Review
HMA File No~ q'l.? 0
Dear Mr. Kant:
Please be advised that I am requesting an alternate impact fee be considered for the Robb and
Stucky addition referenced in your attached letter dated, March 16, 1998. Additional
information will be forth coming to support the request.
Very truly yours,
.;
HOLE, MONTES AND ASSOCIATES, INC.
~~~
Robert L. Duane. A.LC.P.
Planning Director
RLD/dj
cc: Bob Scales
Attachment
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ATTACHMENT NO.
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"5 TlNT~ $':"IIl!r.' SOUTH ~ ~ 101l'5M NAI"lD. 'LO"IOA )01'01 "'~" ~AJ( "'.l!a.JC!7.
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't, ENGINEERS PlANNERS SURVEYORS
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TRANSPORTATlO~ DEPT.
DATE:
A.CT/ON: fJJ =
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Mr. Edward Kant
Director of Transportation
Collier County Transportation/Administration
Transportation Service Building
3301 Tamiami Trail East, Bldg. G
Naples, Florida 34112
SUBJECT: Robb & Stucky Furniture Store Addition
HMA File No. 97.70
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As a follow-up to your letter, dated March 16, 1998, regarding the Robb & Stucky addition,
located at the intersection of U.S. 41 and Harbour Drive, please consider the follo\\ing support
documentation for an alternate transportation impact fee as provided for in Ordinance 92-22, as
amended to be applied to the property. (See attached correspondence.)
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1. Background
The proposed building addition will comprise 34,867 S.F., resulting in a total building
envelope of7l,007 S.F. of usable area for retail development, based upon your review of the
construction plans. The transportation impact fee is $1995 per 1,000 S.F. or 569,559.67. An
impact fee credit of $21 ,074.48 is available from a Robb & Stucky patio store located at the
former Magiero Restaurant, as noted in your letter. The fee of$1995 per 1,000 S.F. is based
on a rate of 70.7 trips (ADT) for retail establishments between 50,000 and 100,000 S.F. of
usable floor area.
2. Analvsis
The Sixth Edition of Trip Generation, published in 1997, provides for trip generation rates
for furniture stores. (Land Use: 890) The average vehicle trip ends vs. 1,000 square feet of
gross floor area was 5.06 based on the results of 13 studies performed on a weekday. The
average store size was 69,000 S.F. or similar in size to the proposed furniture store after the
addition.
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To better define trip generation for the subject property, traffic counts were perfonned on
two days during the peak season, on April 13d1, a Monday, .iil1d April 14t!l. a Tuesday. The
total number of cars enterin the arkin lot between 10:00 A.M. and 6:00 P.M. was 30
ATTACHMENT NO.
PAGE I OF.3
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Robb &. Stucky Furniture Store Addition
HMA File No. 97.70
April 17, 1998
Page 2
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cars or a total of 60 cars entering and exiting, on April 14th. A total of 37 cars entered the
parking lot or a total of74 cars entering and exiting on April 14th.
Based on a rate of 74 trips generated from the existing store from 36,140 S.F., a rate of 2.1
trips per 1,000 S.F. was arrived at from April 14th observations. This is a considerably lower
rate than the 5.06 trips per 1,000 S.F. pn)\id~d for in Trip Generation.
In addition, it should be noted that the proposed addition replaced a drive through bank with
four drive through lanes. Drive through banks are relatively high trip generators and have an
average rate of 265 trips per 1,000 S.F. of floor area on a weekday. Therefore, the proposed
addition to the furniture store will generate much less traffic than the prior existing use which
was a drive-in bank..
3. Alternate lmoact Fee
While actual observed counts of about 2 trips per 1,000 S.F. of floor area are much lower
than the lTE rate of 5.06 trips per 1,000 S.F. of floor area, it is proposed that the ITE rate be
applied to the alternate impact fee calculation. This rate for furniture stores is significantly
less than the 71 trips per 1,000 S.F. upon which the County impact fee is based upon. By
dividing the County rate 70.7 by the ITE rate of 5.06, the ITE rate is found to be 7.2% of the
County rate.
.
Based upon your calculation of a total impact fee of $69,559.67 (before the applied credit), I
propose that my client pay just 7.2% of this amount or S5,008.29. By applying the
$21,074.48 credit for the Robb and Stucky patio store, located at the former Magiero
Restaurant, a credit of $16,099 still remains to Robb &. Stucky, therefore, DO impact fee
should be required to be paid for the proposed addition after application of the impact fee
credit.
'.
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In summary, I appreciate you considering my request for an alternate impact fee as provided
for in Ordinance 92-22, as amended, based on a rate of 5.06 trips per 1,000 S.F. for uses that
are less intensive than previously existing uses on the subject property.
ATTACHMENT NO.
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Robb & Stucky Furniture Store Addition
HMA File No. 97.70
April 17, 1998
Page 3
If you have any further thoughts on this matter, I look forward to you sharing them with me
in advance of the public hearing for the alternate impact fee calculation.
Very truly yours,
HOLE, MONTES AND ASSOCIATES, INC.
~ ?.a.~ L--
Robert L. Duane, A.Le.p.
Planning Director
RLD/dj
Attachment
cc: Bob Scales
IATTACIlMDlT NO.J
PAGE 3 OF 3
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'I'R.A.1~SPORTAll0N DEPARTMENT
;;01 E. TAMIAMI TRAII.
NAPLES, FI. 34112
(941) 774-8494
F~(941)774-S37S
^ CDTIflED BWE OiIP COM)(UNTIY
April 21, 1998
Robert L. Duane, AICP
Planning Director
Hole Montes and Associates, Inc.
715 Tenth Street South
P.O. Box 1586
Naples, FL 34106
Re: Robb and Stucky Alternate Road Impact fee
Dear Mr. Duane:
Thank you for your letter of April 17, 1998, same subject, FAXed to this office. In that letter, you
offer an alternate road impact fee for the new Robb and Stucky Furniture Store on US 41.
We have reviewed your methodology and find that the basic premise, the application of a
percentage of the Ordinance fee rate, is incorrect. Attached is a worksheet developed using the
parameters presented in your letter. Please note that the worksheet indicates a fee of S 18,859.22
would be due as opposed to your computation of 55008.29. In either event. the amount of the
alternate fee is less than the available credi~ therefore. we would agree th:u no additional iee is
due for the new addition.
.
Since this is an alternate fee, although one could argue that it is an individual fee, the Board must
provide final approval per the Ordinance. Therefore, if you and your client have no objection, we
'.\;11 prepare the Executive Summary for their action. Nonnally, these issues are placed on the
Consent Agenda and that is how we wiIl i't'oceed. If there are any questions or if you seek
additional information, please contact me at 774-8494.
Very truly yours,
Edward] t, P.E.
Trnnspo tion Services Director
cc: File: Robb and Stucky Alternate RIF
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APPROVE RENEWAL OF ANNUAL CONTRACT 96.2498 FOR FIXED
TERM PROFESSIONAL ARCHITECTURAL SERVICES.
OBJECtu:E.: To approve renewal of annual Contract 96-2498 for Fixed
Term Agreement to four Professional Architectural Firms.
CONSIDER1\ TIQ~: Professional architectural services 'Ising Annual
Contract 96-2498 were approved on July 16, 1996, Agenda Item 16(B) (7), for
termination on July 15, 1998 for the following firms:
Barany, Schmitt, Weaver and Partners, Inc.
Victor J. Latavish Architect, P .A.
Architectural Network, Inc.
Gora/McGahey Associates in Architecture
The performance of these four firms during the last two years has been
satisfactory. They have agreed in writing to the renewal of the contract under
the same original terms and conditions of the existing contract.
1FISCAL IMPACT: Funding for work orders for architectural services under
RFP 96-2498 shall be provided by the user Division's or Department's project
budgets.
GROWTH MANAGEMENT IMPACT: These Agreements may be used in
compliance with the Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners approve
the renewal of Annual Contract 96-2498 for Fixed Term Agreements for
Architectural Services, with Barany, Schmitt, Weaver and Partners, Inc.;
Victor J. Latavish Architect, P.A.; Architectural Network, Inc.; and
Gora/McGahey Associates in Architecture with the same terms and conditions
as the orginaI Contract, for one additional year, until July IS, 1999.
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Executive Summary
Fixed Term Architectural Services
Page 2
PREPARED BY:
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DATE: ,sj8!?s
Ju . Adarmes Minor, P.E., Senior Project Manager
Office of Capital Projects Management
REVIEWED BY:
L-,-- -II~J~ DATE:
Rich Hellriegel, P.B.~ Interim Director
Office of Capital Projects Management
REVIEWED BY:
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Steve arne~ Director
Purchasing Department
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DATE: S(7,S(Cfg
REVIEWED BY~~~'~
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Ed Ilschner, Administrator
Public Works Division
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EXSUM.JM.lh
Attach8ent: Letters to Firms Acrepting Renewal of Contract
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FROM:
RE:
MEMORANDUM
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Wednesday, May 13, 1M
July Minor, P.E., Project Manager
Office of Capital Projects Management
Gwen Butler, CPPB, Senior Buyer ~\ B
Purchasing Department Y
Contract #96-2498 - -Fixed Term Architectural Services
Attached you will find copies of the signed Renewal Letters from Architectural Network,
Inc., Barany Schmitt Weaver & Parters Inc., GoralMcGahey and Victor J. Latavish
Architect. The four firms indicated that they are agreeable to the renewal.
Page 11, Article four of this Agreement states that the renewal shan be agreed t~ in
writing by both parties and approved, upon recommendation of staff, by the Board of
County Commissioners. As such, this will require preparation of an Executive
Summary.
July, should you require further information from me please advise.
Thank you.
GABI
JIO. 7L',/flJ__
JUH 0 9 1998
lie.
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COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DIVISION . 1801 TAMIAMI TRAIL EAST
Purcha.ing Department NAPLES, FL 14112
(941) 774-8425
Architectural Network, Inc.
Suite 103
801 Anchor Rode
Naples FL 34103
A CERTIFIED BLtJE CHIP COMMUNITY
Aprf129, 1998 RE,CE1\8E.D
Received Purc.hasln6 APR 3 0 1998
MAY 1 , 1998
A~(rllit'!...l~tQ' ,..\",........."
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RE: Contract #96.2498 - "Fixed Term Architectural Services"
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Gentlemen:
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Collier County has been under Contract with your company for the referenced service
for the past year.
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The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreement. The renewal is desired under the same terms
and conditions of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
.
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This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you are agreeable to renewing the referenced contract, please indicate your
intentions by providing the appropriate information as requested below:
fiL
I am agreeable to renewing the present contract for Fixed Term
Architectural Services under the same terms and conditions as
the existing contract.
I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, said renewal will be consummated upon
receipt of a County Purchase Order for this renewal period, commencing July 16, 1998
and ending July 15, 1999.
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April 29, 1998
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';'.: Your prompt attention is urgently requested. Please return this letter to the Purchasing
f Department, with your response, no later than Friday, May 8, 1998. If you have any
~. questions you may contact me at 941m4-8425.
RE: Contract #96-2498 . "Fixed Term Architectural Service."
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,9.Q,.,J} 1 'U. Gl!
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Purchasing Dfrector
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Acceptance:
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Typed Name and Title
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~ COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DmSION 3S01 TAMIAMI TRAIL EAST
Purchasing Department NAPLES, FL 34112
(941) 774-8425
.
A CERTIFIED BLUE CHIP COMMUNITY
April 29, 1998
ReceIved Purohelln(
HAY 06 1998
Barany, Schmitt, Weaver & Partners, Inc.
1520-300 Royal Palm Square Boulevard
Fort Myers FL 33919
RE: Contract #96-2498 - "Fixed Term Architectural Services"
Gentlemen:
Collier County has been under Contract with your company for the referenced service
for the past year. .
The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreement. The renewal is desired under the same terms
and conditions of the present contract. . If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
.
This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you are agreeable to renewing the referenced contract, please indicate your
intentions by providing the appropriate Information as requested below:
~ I am agreeable to renewing the present contract for Fixed Term
Architectural Services under the same terms and conditions as
the existing contract.
I am not agreeable to renewal of this contract.
if you are agreeable to renewing the contract. said renewal will be consummated upon
receipt of a County Purchase Order for this renewal period, commencing July 16, 1998
and ending July 15, 1999.
Continued . . .
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April 29. 1998
Page 2 of2
RE: Contract #96-2498 - "Fixed Term Architectural Services"
Your prompt attention is urgently requested. Please retum this letter to the Purchasing
Department, with your response. no later than Friday, May 8. 1998. If you have any
questions you may contact me at 941m4-8425.
Very truly yours.
(~J). _ () r 4'
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Stephen Y. Carnell. CSM
Purchasing Director
Acceptance:
In
By:
Signa re
Eugene C. Schmitt
V;rp P,.p~idpnt
Typed Name and Title
(Corporate Officer)
Date: M'1 J I Iqq6
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0:: July Minor, P.E., Project M.n~. OCPM
10. 1t~A:tzkl
JUH 0 9 1998
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.~.COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DMSION sa01 TAMIAMI TRAIL EAST
Purcha.ing Department NAPLES, FL 14112
(941) 774-M25
.
A CERTIFIED BLUE CHIP COMlfUNI1T
Gora/McGahey Associates In Architecture
#202
43 Barkley Circle
Fort Myers FL 33907
April 29, ~~ed Purahaaini
MAY 0 4 1998
RECEIVED
APR 3 0 1998
GORA/M:GAHEY
RE: Contract #96-2498 - "Fixed Term Architectural Services"
Gentlemen:
Collier County has been under Contract with your company for the referenced service
for the past year.
.
Y;"
The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreement. The renewal is desired under the same terms
and conditions of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
.
r
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This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
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If you are agreeable to renewing the referenced contract, please indicate your
intentio7roViding the appropriate information as requested below:
I I am agreeable to renewing the present conlract for Fixed Term
Architectural Services under the same terms and conditions as
the existing contract.
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I am not agreeable to renewal of this contract.
:~~.
If you are agreeable to renewing the contract, said renewal will be consummated upon
receipt of a County Purchase Order for this renewal period, commencing July 16, 1998
and ending July 15, 1999. - .
Continued . . .
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April 29, 1998
Page 2 of 2
RE: Contract #96-2498 - "Fixed Term Architectural ServIces"
Your prompt attention is urgently requested. Please return this letter to the Purchasing
Department, with your response, no later than Friday, May 8, 1998. If you have any
questions you may contact me at 941/774-8425.
Very truly yours,
~/I ~J.Gtvf:'1
Stephen Y. Carnell, CSM
Purchasing Director
Acceptance:
Go
Bruce T. Gora, President
Typed Name and Title
(Corporate Officer)
Date: ~~ '.I /'1'1 b
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c:c: July Minor, P.E., Project Managei', OCPM
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COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DMSION 8301 TAMIAMI TRAIL EAST
Purchasinr Department NAPLES. FL 34112
(941) 774-8425
A CERTIFIED BLUE CHIP COMMUNITY
April 29, 1998
Recelved Puraha.lni
MAY D 4 1998
Victor J. latavish Architect, P.A.
Suite 100
4100 Corporate Square
Naples FL 34104
RE: Contract #96.2498 - "Fixed Term Architectural Services"
Dear Mr. Latavish:
Collier County has been under Contract with your company for the referenced service
for the past year.
The County would like to renew this contract for one additional year in accordance with .
the renewal clause in the agreement. The renewal is desired under the same terms
and conditions of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you are agreeable to renewing the referenced contract, please indicate your
intentions by providing the appropriate information as requested below:
L I am agreeable to renewing the present COl1lract for Fixed Term
Architectural Services under the same terms and conditions as
the existing contract.
I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, said renewal will be consummated upon
receipt of a County Purchase Order for this renewal period, commencing July 16, 1998
and ending July 15, 1999.
Continued . . .
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JUN 0 9 1998
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April 29, 1998
Page 2 of 2
RE: Contract #96-2498 - "Fixed Term Architectural Services"
Your prompt attention is urgently requested. Please return this letter to the Purchasing
Department, with your response, no later than Friday, May 8, 1998. If you have any
questions you may contact me at 9411774.8425.
Very truly yours,
~I,,'{) G.tti/
Stephen Y. Carnell, CSM
Purchasing Director
Acceptance:
By:
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Typed Name and Title
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Date:
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AWARD BID #97-2739, AIRPORT-PULLING ROAD MEDIAN LANDSCAPE
REFURBISHM:ENT, AND APPROVE A BUDGET AMENDMENT FOR SAME
AND PURCHASE OF LlMEROCK NEEDED FOR GOLDEN GATE ALLEYWAY
PROJECT.
~: To have Board award Bid #97-2739, AiIport-Pulling Road Median Landscape
Refurbishment and approve a budget amendment for the improvements and for the purchase of
lirnerock for the Golden Gate Alleyway Project
mNSmERA nONS: The Golden Gate Alleyway project was originally planned to be done in
phases. To that end, funds were budgeted to cover that portion of the Project scheduled to be done
this fiscal year. At the request of the Board, the Transportation Department accelerated the project.
Approximately SSO,ooo is required to purchase the limerock necessary to keep this project on a fast
track to completion.
\Vith regard to Airport-PuIIing Road refurbishment, the original irrigation components
malfunctioned requiring replacement of the system. On December 2, 1997, the Board approved
Agenda Item 8(B)(2) awarding Bid #97-2740, Airport-Pulling Road Median Inigation
Refurbishment, to Horticultural Industries, Inc.
As much of the landscape material has been lost because of the irrigation failure, Bid #97-2739,
Airport-PuIIing Road Median Landscaping Refurbishments, was advertised. The low bidder for this
project is Horticultural Industries, Inc., with a bid ofS78,S89.
Further, the contractor is ready to start the irrigation work as SOOn as "Notice to Proceed" is given.
Therefore, if the Board awards Bid #97-2739, "Notice to Proceed" can also be given for the
landscape refurbishment work, which can be done simultaneously with the irrigation work. This
action would eliminate a potential lengthy gap between completion of one project and beginning of
the next, as well as reducing any inconvenience to the public.
FISCAL IMPACT: A review of MSTD Road District Fund 104 indicates that there are
sufficient funds in Reserves for Contingency to cover the cost of the necessary limerock and
landscape materials as foIJows:
104-919010-991000 Reserves for Contingency
104-163643-653110 Limerock for Alleyway Project
104- 163646-646320 Landscape Materials for Airport-Pulling Road
5357,772
- SO,ooo
- 78.6OQ
$229,172
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JUN 0 9 1998
PC. ,
EXECUTIVE SUMMARY
Golden Gate Alleyway Project and Airport-
Pulling Road Plant Replacement
Page 2
GROwm MANAGEMEN1' IMPAO: None
: That the Board award Bid 1197..2739, Airport-PuUing Road Median
L8Ddscape'Refurbishment, approve a Budget Amendment in the amount of 5128,600 for the
1aridacape refurbishment and for the purchase of limerock nec.essary for tbe Golden Gate Alleyway
Project.
PREPARED BY: Marquita KinK- Senior Secretaxy /~ DATE: 05106/98
REVlEWEDBY~~ ~ L: DATE: 5'- 7 -q 8" "
Lany H , Road & Brid ~perintendent
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EXECUTIVE SUMMARY
AUTHORIZE THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD FOR
THE SUMMER FOOD SERVICE GRANT PROGRAM.
Objective: That the Board of County Commissioners authorize the Collier County School Board to
provide prepared food for the summer food service grant pnlgram.
CouslderatioD: The Collier County School Board has sUl:cessfully provided meals to the Parks and
Recreation Department since the inception of the Summer food Grant program fourteen (l4) years ago.
Once again the Collier County School Board has agreed to provide meals that meet or exceed State
requirements at a competitive cost of $1.80 per lunch and $1.15 per breakfast, the same cost as last year.
The County wilt pay for the initial funding of the meals, but will receivo 100% reimbursement from the
State grant funds. .
The summer food service program ensures that children will receive the same high quality meals during
the summer a~ provided during the school year. The grant offers free meals to children eighteen years
and under in areas that qualify under the National School Lunch and School Breakfast Program.
Immokalcc is one hundred percent eligible for the Summer Food Service; the Naples area varies based on
census tract income levels.
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Growtb Management: None
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Fiscal Impact: The program is budgeted under the FY98 Food Grant Fund (119-156342) in the amount
of$2] 4,000. The State will reimburse the County for ]00010 of expenses.
'..
Recommendation: Staff recommends that the Board authorize the Chainnan to sign the agreement.
The agreement has been reviewed and approved by the County Attorney.
"<~.
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Prepared by: (\,SL U~. Q."
-ufuhn Dunnuck, Operations Coordinator
Department of Parks and Recreation
Reviewed and ~AI1 6 17. ~
Approved by: 4L.!-fL.tM l'a1tUV'f
Marla Ramsey, Director
Department of Parks and Recreation
Date: 5..;'2- ?8
.
Date: .,.. -z:6 -1S
Reviewed .n~
Approved by:
omas ~~strator
Division of Public Services
Date: ~.~ .q~
,:
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JUN 0 9 ~q~
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BsrbdrD Berry, Chairmsn
.
COLLIER COUNTY PARKS AND RECREA TION DEPARTMENT
MEMORANDUM OF AGREEMENT
SUMMER FOOD SERVICE PROGRAM
Collier County Public Schools (Schools), whosssddress is 3710 Estsy Avenue, Nllples, Florida 34704,
IIgrees to furnish opproximately 3,500 mSIlI. per day to the ColHer County PDrh and RllcTelltlon
Depllrtment (Sponsor), whose .ddress Is 3300 S.nt. B.rbarll Blvd., N.ples, Florida 34116. Me./s wm
be prep.red .nd be IIvllilllble for pick up by the Sponsor.t BII"on Corner HIGh School IInd Immob/e.
Middle School In IIccordllnce with II mutually agr.sd SCh9dul..
The estimllttlS for meals ,,,e:
Dllily:
3,000 lunches per dllY lit 11.80 per lunch.
500 brellkfllsts per dllY at $1.15 per brellkf'l$t.
Elich melll Is to moot t"e specificlltions liS sot forth by the U.S.D.A. Summer Food Progrllm
Regulations, 7CFR Part 225, liS provided to the District School BOlm}. Service Is to begIn on July 1.
1998 llnd continue until August 7, 1998. unless progrllm Is termlnllted lIartler by eIther P'If:Y. Sponsor
llgrOfJ$ to requost monthly CllS." IIdV/mces from the Depllrtml1nt of EdUClltlon. The price of mellls on this
contrllct Includes the full vlI/ue of IIny U.S.D.A. donated commoditIes.
The Schools shill: .'Iold tlro Sponsor harmless for sDfo food handling up to the time of receIpt hy rhs
Sponsor. Sponsor slra/llrold tire Schools harmless fo: safe fnod hlmdling sub~eque"t to receIpt of the
meals.
.
The Schocls shall prt!pare an invoice for all mesls received by the Sponsor llt the end of esch month.
Sponsor agrees to reimburse the Schools upon vori/lclItion of th8 Involc8 llnd wIthIn 30 dllYs.
IN WITNESS WHEREOF: The parties hereto have cllused this tJgreement to b8 executed by theIr duly
authorized officers.
ATTEST:
DWIGHT E. BnOCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
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BY
DISTRICT SCHOOL BOARD, COLLIER COUNTY
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Witn8s!Yfor~S'chool Board
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YAtness /or7.Schdo/ Board
BY~~
Clyds C. Qu!' ..II -
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2:"1010'"' & !rcum?o,~
Mil-'. J (. ~ r
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JUN 0 9 1998
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...c;- ','. EXECUTIVE SUMMARY
. APPROVE AN AGREEMENT FOR LANDSCAPE SERVICES WITH TECH OF COLLIER COUNTY.
Objective: That the Board of County Commissioners 8pp1'O"'e an agreement for landscape maintenance with
T.TECH of Collier County, Inc. for Fiscal Year 1997/98 with the option to renew the contract for two, one year
~ods.
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, ':Consideration: TECH has performed this service fOf the past seven years, and the program has been of
:- '; ,- valUe to bOth parties. The S6.50 hourly rate for the TECH workers is substantially lower than any other Source.
,Due to the nature of TECH operations, this is not an agreement that can be competitively bid. The cost of the
program has been annualized at approximately S33,8oo. This program will provide the equivalent of 2.5 FTE
. ,'_ , positions to perform landscape maintenance within the community parks.
Fiscal Impact: Funds are budgeted in FY 98 Parks and Other Property, Other Contractual Services (001-
156332-639990) in the amount of $33,800 for this program.
Growth Management:
None
_ Recommendation: That the Board of County Commissioners approve the sole source attached agreement
;..~CH of Collier County, Inc. retroactive to October 1, 1997 and authorize the Chairman to sign said
,..~_..-ent.
Prepared by:
Date: ...r:~tf'... JI'
Reviewed and 1Jj it I/J,
Approved by: WH-----.;,o '4"':(:l
Marla Ramsey, DIrector
Department of Parks and ecreation
Date: 5jz,Slttff>
I
Reviewed and ~ W '?i!...
Approved by: _ _ J '{/') ~.. .,/-,
Steve Carnell, Dir tor
Department of Purchasing
Date: -:)'/2.8/18
Reviewed and~
Approved by: ~
Thomas W. OlHff, A stratar
Division of Public Services
Date: ..'S 2..~ .~
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AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (Agreement)
made this
day of
: 9 _ by and between the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COlJl'..'TY, FLORIDA, hereinafter referred to
as COUNTY and TECH OF COLLIER COUNTY, INC., hereinafter referred to as
CONTRACTOR.
".
WITNESSETH:
WHEREAS, the COUNTY has a need for certain landscape maintenance services and
the CONTRACTOR has the personnel and ability to perfonn such services.
?'OW THEREFORE, the COUNTY and the CONTRACTOR for and in consideration
of (he premises. and as hereinafter set out, agree as follows:
). The COUNTY hereby engages CONTRACTOR and the CONTRACTOR
'.
hereby agr~~s to perform landscape maintenance services for a minimum offour (4) hours per
day. Give (5) days per week by each of five (5) of CONTRACTOR'S workers at the county
parks and oth~r COllnty locations as designated by the County's Public Services Administrator
or his designee,
.,
The CONTRACTOR :;hall receive compensation for providing said services
during the period of time set forth above, as foliows: $6.50Ihour for each offive workers fOl- 20
hOurs/week per worker, the sum total payment for services under this Agreement not to exceed
$33,800.
3. The terms of this Agreement is from October I, 1997, through September 30,
1998, with (he opinion to renew for two, one year periods.
4. The CONTRACTOR, (including in agents or employees) is an independent
.
contractor and shall not be entitled to participate in group life or health insurance programs or
pension plans of the COUNTY, and shall not be coven:d under any fringe benefits
1
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JUN 0 9 1998
P~. ~
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COUNTY, including but not limited to: vacation, sick leave, holidays, unemployment
.
compensation. and worker's compensation.
5, The CONTRACTOR shall provide and maintain insurance as follows:
A. Workers' Compensation: in~urance covering all employees meeting
statutory limits in complianCt: with applicable state and federal laws.
The coverage must include Employers' Liability with a minimwn limit
of S I 00,000 for each accident.
B. Comprehensive General LiabilitY: Coverage shall have minimum
limits of$500,OOO per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. This shall include
premises and operations: Independent contractors: products and
completed operations and contractual liability.
6.
Collier County shall be included as certified holder on both the
.
Comprehensi\'~' General Liability Policies. Current, valid insurance policies meeting the
requirem~nts h.:r.:in jd~ntitied shall be maintained by contractor/vendor during the duration of
this COnlr:1.:l R':lle\\al certificates shall be sent to the COUNTY 30 days prior to any expiration
date. Ther.: sh:di be a 30 day notification to the COUNTY in the event of cancellation or
modification of any stipulated insurance coverage.
7. The CONTRACTOR agrees to indemnify. Defend, save and hold hannless
the COUNTY from all claims, demands, liabilities and suits directly arising out of, because of,
or due soldy to any negligent act or occurrence or omissions or commission of the
CONTRACTOR, its agents or employees.
8. This Agreement may be tenninated at will and without cause by either party
provided that written notice be given one week or five working days prior to tennination. Notice
shall be make by Certified Mail, Return Receipt Requested, or in person with written
2
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JUN 0 9 1998
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acknowledge of receipt of notice. CONTRACTOR shall be compensated for all work
performed through termination as provided herein. Notices required or permined under this
Agreement shall be addressed to the authorized representatives for the CONTRACTOR and for
the COUNTY who are designated as follows:
For the COUNTY:
Collier County Government Center
Attention: Public Services Administrator
3301 East Tamiami Trail
Naples, Florida 34112
For the CONTRACTOR:
Leslie W. Leech, Jr.,
President and CEO
Tech of Collier Count)., Inc.
3966 Arnold Avenue
~apks. Florida 34104
I~-: WIT"ESS WHEREOF. the parties hereto have set their hands and sees, the day and
year first above \\'fitt~n
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Oepllty Clerk
,tk i! ~oy;
Sherri Thorp
Executive .\ssistant
Approved as to form and
legal sufficiency:
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Thomas C. Palmer
Assi!:tant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Barbara Berry, Chairman
3
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JUH 0 9 1998
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EXECUTIVE SUMMARY
APPROVAL OF A RESOLUTION TO INCREASE FEES FOR DOG AND CAT
LICENSES
OBJECTIVE: To obtain approval from the Board for a resolution to increase dog and
cat license fees in Collier County.
CONSIDERA TlO?\{: Animal Control Ordinance 93-56 a1lows license fees for dogs and
cats to be increased through the use of a resolution. The current fees were set in 1993 and
are as foUows:
S 7.00 for a dog or cat under one (1) year of age
S 6.00 for a neutered dog or cat
$ 12.00 for a non-neutered dog or cat
The license fees are used to offset the cost of the Domestic Animal Services Department
to the general fund. After reviewing license fees from other areas, Collier County fees
appear to be lower than most counties for the non-neutered license. The fees for the
neutered pets are approximately the 'same.
During the budget process, a recommendation was made to raise the fees. After reviewing
the infonnation from other Counties, the following increases are being recommended:
S 8.00 for a dog or cat under one (I) year of age
S 7.00 for a neutered dog or cat
S14.oo for a non-neutered dog or cat
~.'
Approximately 15,000 licenses are issued a year.
FISCAL IMPACf: There will be an increase of approximately $10,000 to the general
fund.
GROWTH MANAGEMENT IMPAC{: None
Prepared by:
NDA
resolution estahlishi
That the Board of County Commissioners approve a
ew fees for do d cat licenses.
Reviewed ~ .
and approved by: k ~ 1. at ~.lA)
Mart Skinner, Social Services Director for
Thomas W. Olliff: Public Services Administrator
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JUN 091998
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4 RE~OUmON INCREASING FF.ES FOR
5 DOG AND CAT~ LlCEN~ES IN COU.IF:R COUNTY
6
7 WHEREAS, Collier County Ordinance No. 93-56 authorized changes in
8 the dog and cat license fees by Resolution of the Board of County
9 Conunissioners; and
10 WHEREAS, The Director of Domestic Animal Services has reconunended
II to the Board of County Conunissioners that the current license fees (as established
12 by Resolution No. 93-404 and Resolution no. 95-107) be increased: and
13 WHEREAS, The Board accepts Staff's reconunendations.
14
15
16
17
18
19
20
21
22
23
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF
COill't1Y COMMISSIONERS OF COLLIER COUNTY, FLORID~ that:
I. License fee for dogs or cats, neutered or non-neutered, up to one (I)
year of age: S8.00
2. License fees for dogs or cats more than one (1) year of age:
Neutered:
Non-neutered:
$7.00
S 14.00
3 No other fees specified or referenced in Ordinance No. 93-56 are
changed by this Resolution.
4. This Resolution supersedes Resolution No. 95-107.
24
25
26
27
28
29
30
31
32
33
34
35
36 Approved as to (onn and
37 legal sufficiency ) A
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40 Thomas C. Palmer
41 Assistant County Anomey
42 ~_"~
This Resolution adopted this _ day of
motion, second and majority vote in favor of adoption.
, 1998, after
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
By:
BARBARA B. BERRY, Chairman
Deputy Clerk
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JUN 0 9 ~98
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RENEWAL OF THE AGREEMENT FOR GROUP BENEFIT INSURANCE
BROKERAGE SERVICES.
OB.JF.CTIVF.: To seek the approval of the Board to renew the existing contract
between Collier County and Willis Corroon Corporation of Georgia for Group Benefit
Insurance Brokerage Services pursuant to the renewal provision at the same fees, tenns
and conditions.
CONSIDERATION: In 1995, the Risk Management Department initiated a change in
the marmer in which group insurance brokerage services were procured. The approach in
past years had been to release a Request for Proposals for the line of coverage being
sought and to receive proposals from various carriers through assorted agents/brokers.
Brokers/agents were remunerated through commissions paid by the carrier and ultimately
by the County through the premiums remitted to these carriers. By entering into a
contracted brokerage arrangement, certain advantages were realized:
1) Reduced cost through the payment of a fixed fee as opposed to a commission on
county-paid premiums.
2) The receipt of group benefit consulting services in all matters pertaining to plan
design and administration as well as flexible benefit plan administration.
3) The delivery of services which put the county's interests first rather than the carrier's
interests.
4) The removal of the problem of "blocked" markets, where a single broker/agent may
tie up several carriers, preventing access by other agentslbrokers to those carriers and
then fail to present those carriers.
The annual fee for this contract is $20.000. It is estimated that this program has saved the
county approximately $22,500 per year for the past three years for total savings of
S67,500. Willis Cormon has been very responsive to service issues during the contract
period and the overall evaluation of their abilities is considered exceptional.
Willis Corman has agreed to renew the agreement for two additional one year periods
pursuant to the same fees, tenns, and conditions. Willis Corroon' s willingness to renew
the agreement without a request for a fee increase as welJ as their proven ability to
provide service to the county is the primary reason that staff is recommending that the
contract renewal provision be exercised.
FISCAl. IMPACT: The annual fee for this contract is $20,000. It is estimated that the
county wilJ enjoy a savings ofS45,ooo through the renewal of this agreement over
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next two years when compared to a traditional commission based arrangement. Funds are
budgeted in Fund 517-121640-631153, Insurance Administration Fees, for this purpose.
GROWfH MANAGEMENT IMPACf: None.
RECOMMENDATION: It is recommended that the Board ofCommiS5ioners approve
the renewal of the contract between the Collier County Board of Commissioners and
Willis Ccrroon Corporation of Georgia, Inc. for two additional one year periods, subject
to the same terms, conditions, and fees with the eff~ve date of the renewal being
October 1, 1998.
SUBMUlw BY: ~~ - Dale: (;,bhf'
e alker, CPCU, ARM, Risk Management Director
REVIEWED BY: ~~~.~ Date: 6/, /18
Stephen Came , CSM, Purchasing and General ,ServICes Director
APPROVED BY:
Leo E. Oc~ Ir.,
Date:~
Services Administrator
Mo. ",T~ I
JUN 0 9 f99I
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WlLLISCORROON
w
Jeff Walker
Collier County Government
Bldg. F
County Government complex
Naples, FL 33962
RECEIVED
HAY 2 2 19.
RISK '98
HANAGEHENT
1VJDII Conoooa
COI"por.aiea or
c-.p
100 M-u Coan East
Sail. 200
RoneD. Cecqia 30076
Telephone TJO.64O.29-IQ
Fu 770-64().2999
May 21, 1998
RE: Consulting Services Contract
Dear Jeff,
Our records indicate that the above referenced contract is due to renew October I,
1998. We are very pleased to advise you that Willis Corroon will renew the
contract for another year under the same terms, fees and conditions pursuant to the
contract We greatly appreciate the opportimity to work with Collier County
Government and look forward to continuing our relationship.
Please accept this letter as official notification of our renewal terms. Should you
have any questions or if I can assist you in any way please do not hesitate to
contact.
Respectfully subIl)itted, j J
~\'Lt ~L't.Pb
Mike Meredith
Senior Vice President
South Atlantic Region
Cc: Jill Olinski
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EXECUTIVE SUMMARY
AWARD RFP 98-2799 FOR MAIL CENTER EQUIPMENT
OBJECTIVE: To acquire equipment to enable the Mail Center to centrally process
bulk mail.
CONSIDERATIONS: Pursuant to the Fiscal year 1998 Budget, the Mail Center is
attempting to take advantage of the Postal Rate Reform through the acquisition of high
speed mail equipment, that will enable the County to capitalize on postal savings.
On April 6, 1998 the Purchasing Department issued RFP notices to 15 vendors. On May
I It five proposals were received. The selection committee has reviewed these proposals
and found that four of the five are responsive. The committee has further scored and
ranked each of the responsive proposals. The committee has ranked Neopost first. While
Neopost has offered a complete package, staff docs not recommend purchasing the
printer included in the recommended vendor's proposal, as its capability is limited to
barcoding envelopes only. Staff recommends acquiring a more versatile printer through a
separate source.
FISCAL IMPACT: The total cost oflhe Neopost proposal as recommended by staffis
$45,716.00. Per the current year budget these items are to be procured through a 3 year
lease purchase agreement under the County's Master Lease Agreement. Payments
totaling approximately $ 16,400.00 annually shall be made monthly ($ I ,366.67 per).
Funds are appropriated and available for this purpose in cost center 001-121710.
GROWfH MANAGEMENT: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners
award RFP 98-2799 for the acquisition of mail processing equipment to Neopost.
Prepared By: (L~,~ r;: (~ \~ S-2C(-q<;(
Anne Cardenas, Mail Center Supervisor
Reviewed By: i?GL~f'I Cff I G(~'1 S 1"2. 'f f 9 '4'
S-;~&elI P'urchasing/General Services Director
Approved By:
~1fI)' tTB)
JUN 0 9 1998
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TABULATION FOR RFP # 98-2799
"MAIL CENTER EQmPMENT'
DATE OF RFP ADVERTISEMENT: APRIL 6, 1998
RFP DUE: MAY 1,1998
NO. OF INQUIRIES SENT: 15; VENDORS REQUESTED FULL PACKAGE: 7
III r 111II11II11 II , II11 , 1IIII1 f 1111111111111 , 1I1I1I I f 1I1II11111111
Proposer City, State Original + 5 Copies
~~wt; &:1Zv.;c.~ 5r f~7t.6-, Ft.. Yes ~ No
NYO PO.5r #1Ji}1t1 r l.A1u:-s c= L- ) Yes No
IMtE SYSiE"c.. ~l:t..Idv:IL/;e t1I y Yes No
ilft1~..n:i'V ~z.. fl/;.cr;p O&/l!..ffl2{) It'~,(, ft.. Yes )C No
:J.1:t~ .i0N?f5 ~~FI Yes No
'0;;; Yes No
Yes No
Yes No
Yes No
Yes No
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Opened by
"NON-PROPOSAL" RESPONSES RECEIVED FROM: 1 VENDORS
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EXECUTIVE SUMMARy
TO OBTAIN BOARD EXAMINATION AND APPROVAL OF THE
SUFFICIENCY OF BONDS OF COUNTY OFFICERS.
OBJECTIVE: To comply with Florida Statutes, Section 137.05, regarding the Duty of
County Commissioners to examine the sufficiency of Bonds of County Officers.
CONSIDERATIONS: Section 137.0S, Florida Statutes, provides:
The county commissioners of the various counties of the state shall at their regular
meeting in 1anuary and June of each year examine carefully as to the sufficiency of bonds
of the county officers of their respective counties, and ifby reason of death, assignment,
or insolvency of any of the sureties on the bonds of said officers, they have reason to
believe that the sufficiency of said bond has become impaired, they shall at once report
the same to the Governor, who shall call upon and require such officer or officers to
execute and tile with the proper officer a new bond for the same amount, under the same
conditions as his fonner bond.
The Risk Management Department has checked the current ratings of the sureties for each bond
and found them to be satisfactory. No reason was found to believe that the sufficiency of said
bonds has become impaired. A list of all bonds is attached.
The amounts of the bonds have been reviewed by the County Attorney's Office and all appear to
be within the bounds set by Florida Statutes.
In reviewing the sufficiency of the bond amounts, the Board must refer to the Florida Statutes
sections shown for each officer below.
TAX COLLECTOR F.S. 137.02:
The tax collector of each county shall give bond in a sum to be fixed by the board of
county commissioners of the respe:tive county, subject to the approval of the Department
of Banking and Finance as to amount and surety. This bond shall be specifically
conditioned to account duly and faithfully for all taxes collected by the tax collector. In
fixing said bond the board of county commissioners shall take into consideration the
amount of money likely to be in the custody of the collector at anyone time.
PROPERTY APPRAISER F.S. 137.03:
The county property appraiser shall give a bond, the amount of which shan be fixed by
the board of county commissioners at not less than $1,000 or more than S10,ooo. In
fixing the amount of said bond, the board of county commissioners shall take into
consideration the amount of money likely to be in the custody of the p .
anyone time. ....
JUN 0 9 1598
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SHERIFF F.S. 30.02:
In each county in the state, having a population in excess of 150,000 according to the last
state census, the sheriff shall, before being commissioned, give bond in a penalty which
shall not be less than $10,000 nor more than S25,000 to be fixed by the board of county
commissioners of his county, payable to the Governor of the state and his successors in
office, with two or more good and sufficient sureties to be approved by the board of
county commissioners and the Department of Banking and Finance, and to be filed with
the Departm,ent of State, which bond shall be conditioned upon the faithful discharge of
the duties of his office.
SUPERVISOR OF ELECTIONS F.S. 98.015:
(1) A Supervisor of Elections shall be elected in each county at the general election in
each year the number of which is a multiple of four for a 4-year tenn commencing on the
fin.1 Tuesday after the first Monday in January succeeding his election. Each supervisor
shall, before perfonning any of his duties, take the oath prescribed in s. 5, Art. II of the
State Constitution and give a surety bond payable to the Governor in the sum of S5,ooo,
conditioned on the faithful discharge of his duties.
COUNTY COMMISSIONERS F.S. 137.04:
Each and every county commissioner of the several counties of the state, elected or
appointed to such office before he is commissioned, shall be required to give a good and
sufficient bond with not less than two sureties, or a surety company duly authorized under
the laws of the state, in the sum of $2,000, conditioned for the faithful performance of the
duties of his office, which bond shall be approved by the board of county commissioners
and the Department of Banking and Finance. The premium of the bonds given with
surety companies as sureties shall be paid out of the county treasury.
CLERK OF COURTS F.S. 28.02:
In each county of the state, having a population in excess of 150,000 according to the last
state census, the clerk of the circuH court shall, before being commissioned, give bond in
a penalty which shall not be less than S5,ooo nor more than $100,000 to be fixed by the
board of county commissioners of his county, payable to the Governor of the state and his
successors in office, with two or more good and sufficient sureties to be approved by the
board of county commissioners and the Department of Banking and Finance, and to be
filed with the Department of State, which said bond shall be conditioned upon the faithful
discharge of the duties of his office.
Section 137.10, Florida Statutes, eliminates the two surety requirements found in some of the
above-mentioned statutory sections where such surety is a surety company authorized to do
business in this state. All of the bonds on the attached sheet are with such a surety company.
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JUN 0 9 1991
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FARMERS HOME ADMINISTRATION Fidelity Bond:
The Fidelity Schedule Bond involving utilities finance and the Farmers Home Administration in
the amount of S 1 50,000 is to comply with the loan resolution entered into by the Board of
County Commissioners on July 24, 1979 (attached as Exhibit A). Said loan resolution
authorized and provided for the incurrence of indebtedness for the purpose of providing a portion
of the cost of acquiring, constructing, enlarging, improving, and/or extending sewage collection
services within the area of the Marco Water and Sewer District (Marco Sewer Phase I
Improvements). In said loan resolution, it is provided that the Board of County Commissioners
acquire and maintain such insurance coverage, including fidelity bonds, as may be required by
the United States Government, Farmers Home Administration. County Staffhas been advised by
Insurance Risk Management Services (the County's insurance broker) that the amount of the
bond presently required to meet Farmers Home Administration requirements is SI50,000. As
reflected in the attached schedule, the premium for said bond is 5351. Each fiscal year, review
and changes are performed for allowance of reduction of indebtedness of the value and reduction
of outstanding bond value. Premiums are assessed for outstanding bond value.
FISCAL IMPACT: All premiums listed are for the life of the bond except the Tax
Collector's, which is an annual premium. Costs associated with this bond is $1,500.00. Funds
for that particular bond are appropriated under the Tax Collector's budget and have been paid.
There is no other fiscal impact on the current 1997-98 fiscal year budget.
GROWTH MANAGEMENT IMPACT: NONE.
RECOMMENDATION: That the Board examine and approve the sufficiency of the bonds
on the attached list.
DATE: 5 a'7/fl
I '
DATE: ~/J-r /~ f'
DATE: d';c/?ff
. .
~
REVJEWEDBYWY7~' -
ey WaIker, Risk Management Director
REVIEWED BY: ~!' (2.e~
Leo E. Oehs, Jr., Sup rt ervic Administrator
, U
~j~
JUN 0 9 1~8
,..~..._-
JUNE 9, 1998
ITEM # 16D3 PAGE 4 NOT ON
MICROFILM
..
.
.
USDA.F'mHA
"',IIIHA 441-4'
(JeY.l.JO.1J)
LOAN IU.$OLtrTlON
""'" ......,
It. :DOUInCH 0,. THE
R~.~A ~~ ~4~.~.^~.
-.
ornm K...~o Wtl.~t!r .and !l!'U"" n(llr'ho("r t'H.trl"ll ~-'A" ""-RA T T...~......_ Aft~')
AUTHOaJZJHC AND noVIDINC ~ TR! JNCtJll!NCZ OF IHDDI umns FOil TIm ~E or
bOVIDENC A I'OllnOH 01' nl! C'OST 01 ACQUrIlIHC. COHSTRtX:11HO. EHLAItCINC. M'ROVJ'lolC. Ah"D/Oll
IXTEHDIHC me S~ar@ Cot 1.~f'~ nft
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FIlI!(A ,U:-47 (Rn. 7.JO 7~.
EXBIBn' A
AGeNDA, }I~
No. I
JUN?
'I.
~ ..
,. r. 1lOlIl,." ~dl .. .ppllublr Slalt .... f'rdcrel b........ KpbclOtlt 11I4 t. ~ opInlt...............
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lIfFt:~~";:'~~";:~~~.=':-~~~Ml~~
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eo"l1I-" wDoIC II........ ." "'.... ... _.114 to aU .,'"""' to tk c....llI'IlIM-.:II
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__ Ie die ".,crt, of tho lpIfC. .. IUI ... eo.mu.. .., ...,. _ IllIlaDdatlClll . co.~'" willi
CIlI ~ Jlmo(.... 01 &1liI1MmIalWI ~ to dII __.......oJ.......
I.. ro......,."..;...a2lla dle .... ... ... ...... __ .. CM lit ,...., .. ....., 1ftWlI." to
** die r ".ell oJ &JlI1'atmm Hoa ~ prIOr to m-. -- to NdI......... u,.. ...
CuIIn tt ..... ... __ wtIklls t...... ... IIpI ... .".... .. ..... . 4IrNtwtpa oJ .... ......
die At .IIItl-....s.c.... "'II II",
n. pr01'bloal hmot... die "..,... 01 """"'u *"- .. eM ..... . dIt ...... oJ 1M .... .... odlawIII
.,.atIcaIt ~ ., ~ t-. ollllCll-'lWIl&otI. ..... be IlIIIlIIIIac .,. die .0 *_ .. ... II .,. ..... .. ....
. .....4 ., eM ~: n. pnrtidoaI ol--. , dImP U 1lII'Iol-r .. ...,..... r. .. .... .-nc....
III LIlIIloM ...... elf ~ let daI aIIIlI tIla ~ pr..wo.lOII~ ._"-4...................
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....... ... .. (A.~ML .
till .....: y_ IIJ
...,. ft
..
; a..I ft
Board of Di~~~~~8
1M wincaa WHIU:)t. 1M
,
Marco W&t~ and Sever Di.~ic~
.tdill
.. ..." ..... UIIa , . - ... --'
. . .. .. ~ ., clio .m.m .... a,aam .. dill ..2.&tJI.. ..., fII- ",*', , I' t!- .
I '.JIoar4 of COUnt:y ec..t..1oner.
. .. C:Ol1J.u Coat!" Plod4a
""-t'lrf'4..4... ..... ~..."f.... a...&-d of the
Ma~ .and a...r D1.trlct
: .a/~~
David C. Brown, Chairu.n '
\i..' .' "
. -. .-f"t,
;;I..........~(',. aK'1'I1tCAnOH
t:"A ~.';,.:..
r, 'M '...,...... II ~1t!rJr ~-nttl~t~ ,,0. .....rco ~.t.r .rtA !ML4r 01.trl~
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....~ CIIIUt'y tJIe& 1M .........."' Mr !loud 0( ..ta JI"" J I. II ...,..., ol
t.
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W4 .. rIW :Cth _ oJ J\11Y . ,,7J-. ; &Me ,.. '..... ~ ~ .. .
... --. W CIlI .... .... aMtr.... .. aU rIIOIlt1t.. _ _ t.o ~ . ....4 ..~~: (;.
.. . .... \.\" ;. ,
Ell... &WI 24t.h WI tI ~1" ~'It11-..~: ..~, ~I~ '::'.~
.. K'ILLI . P.Z:ACiA'I, .~ _:. -.: ~
By' ";<"~,:._-:;y &- ,:I.~ ~ . .;'" ;'"
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.v.l. ,.p,O. .",...,....'nn IIC.... nil, ~f'ut" .-l..rll ., '. ,
'''l', I~';;' ~.,.
.
.
.::!*'/(. gE!
JlJN 0 9 1998
Pg. b
EXECUTrvES~~Y
APPROVAL OF A BUDGET AMENDMENT NECESSARY TO RECOGNIZE
EMS IMPACT FEE RESERVES FOR GROWTH RELATED EXPENDITURES
FOR HELICOPTR MAINTENANCE.
OBJECl1VE: Request the Board approve the budget amendment to recognize EMS
impact fee reserves for growth related helicopter overbaul and mainter..ance. .
CONSIDERATION: The growth related helicopter overhaul and maintenance
expendiutres are written into the EMS impact fee ordinance and are a nec::nsary and
planned expenditure.
. .
~";.~
. .:;~
f:;~t
FISCAL IMPACT: The S60,OOO will be recognized from EMS impact fee reserves
account number 350 140470646860. The estimated cost of the overhaul is $56,000.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the
budget amendment necessary to recognize EMS impact fee reserves for growth related
helicopter overhaul and maintenance.
SUBMIlTED BY: c:;;;; ~ Dat.: c- 7. o/L
~ii~i~;~~er~
REVIEWED BY: '. Date:
Diane B. Flagg. Chief
Emergency Services Department
Date: ~
APPROVED BY:
~:1t hf
JUN 0 9 1998
".~
A,~:
.
BUDGET AMENDMENT REQUEST
For BudptlTmance UIe Only
SM..........................,.. ..
lEI................................ .
BARI........................... ...
A.P.H. Date.......................
FUND TITLE EMS 1m let Fee
Date prepared: 612198
BCC Agenda date
if previously approved. 6/9/98
EXPENSE BUDGET DETAIL
FUND NO. 350
Attach Executive Summary
Item No.
140470
Cost Center Title
EMS Impact Fee
Cost Center No.
N/A
Project Title
0??oo
Project No.
Expenditure
Object Code
646860
Expenditure
Title
Helicopter
R&M
Increae
(Decrease)
60,000
Current
Budget
96,800
Revised
Budget
156,800
',.
TOTAL 60,000
Reserves 919010 N/A 0??oo
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Expenditure Ilnereue Current Revised
Object Code Title ! (Decreue) Budget Budget
993000 Reserve for 1(60,000) 513,600 463,600
Capital Outlay
TOTAL (60,000)
t:.
'::-""frJH'2f
JUN 0 9 1998
". ;)-
"
;i;.r.. '..,..
..
. .
. .
-
REVENUE BUDGET DETAIL
Cost Center Title Cost Center No. Project Title Project No.
.
Revenue Revenue Title Increue Current Revised
Object Code (Decreue) Budget Budget
I TOTAL I
EXPLANATION
Why are funds needed? Fund. are needed to enable growth related helicopter overhaul
and maintenance.
Where are funds avaUable? Funds are avaUableln EMS Impact Fee Fund (350) Reserves. .
REVIEW PROCESS
DATE
Cost Center Director:
Division AdmfDlstrator:
Budget Department:
Agency Manager:
Finance Department:
Clerk of Soard Admin.:
Input by:
B.A. No.:
No. /fOt" ~r.'tj. .
JUN 0 9 1998
". 3
'~.:.,
'.~:'.
,- .
APPROVAL or BUDGET AMENDMENTS
see AceadI of 6109191
Gmenl FuDd 001- (FuDd No. OCm
B1Jd&et AmaldmeDt No. 93-263
-
Human 1UoJourus Admin. (Cost ~ler 1218]0)
Compurer Equipmml
$3,900
Human R~rces Admin. (Cost Center 121810
Other Ads
ToW
($3,900)
$3,900
E~lanation:
The current Laserjet Series 11 printer is old and cannot meet current printing needs because it lacks sufficient
memory. An HP 4000 is requested as a replacement and costs $1,609.
The PC currently used to administer the applican1 typing test is below County standard (486 processor) and, due to
iasufficien1 memory, wUl not run the new typing test $Ohare obtained from I. T. The memory cannot be
upgraded. The cost of a new PC configured with the recommended COWlty tJ'inimum hardware and software is
$2,300.
General Fund 00 1
Budget Amendment 9S.242
V.,.... s.rYit.ft
Jtcs* SIbrin
S6111J
A frlculrure (Cost Center 157110)
Regular Salaries
($6,000)
$6,000
T ota!
ElCplanalion:
Reclass Veterans Benefits Counselor to Veterans Ser..icc Officer. Also increase Transportation Coordinator from
20 hours bi-weelcly to 40 hours bi-weelcly.
JU:i 09 1998
Pg.
. .-
r' "
.r"
BOARD OF COUNTY COMMISSIONERS
~SCELLANEOUSCORRESPONDENCE
JUNE 9,1998
.
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Cbainnan to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 9703299-MMA, 9607724-
MMA, 9S10623-MMA, 9607260-MMA, 9703720-MMA, 9703590-MMA, 9709471-
MMA, 970S394-MMA, 9704942-MMA, 9600107-MMA, 9707056-MMA, 9608532-
MMA, 9708406-MMA, 9707106-MMA, 9S09737-MMA, 97 101 07-MMA 87-22-MI-
TIT
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. 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 May
18-22, 1998.
4. Q1Jm:
A. Letter dated May 26, 1998 from Michael A. Welsh, Controller, Collier County .
Tax Collector's Office, referencing Current Ad Valorem Tax &: Non-Ad Valorem
Assessment to the BCe afterTax Collector's commissions and distn"bution recap.
H:~~. gE?1)
JUN - 9 1998
::Ig. I