Agenda 05/12/1998 RMay 12, 1998
COLLIER CO~
BOARD OF COUNTY COMMISSIONERS
AGETqDA
May 12, 1998
9:00 a.m.
NOTICE:
ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH
TIIECOUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF TI{E
AGFiNDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUP~/ECTS WHICH ARE NOT ON
'IqIIS AG'I~gDA MUST BE SUBMITTED IN WRITING WIT]{ EXPLANATION ~D
T~E CO~ ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE
OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS"
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCRRDINGS PERTAINING THERETO,
AND TH]~.REFORE MAY NEED TO ENSURE THAT A V]~q]~AT~ RECORD OF
T~IE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTER~ PUBLIC SPEAKERS W-ILL BE LIMITED TO FIVE (5)
M_TNUTES UNLESS PERMISSION FOR ADDITIONAL Tlq4E IS G~ B'f
ASSISTED LISTENING DEVICES FOR T}fE HF2%RING IMPAIRk~D ARE,
AVAILABLE IN ~7{E COUNTY COMMISSIONFLRS' OFFICE.
LUNG{ RECESS SC}{E. DULED FOR 12:00 NOON TO 1:00 P.M.
INVOCATION - The Rev. Dr. Les Wicker, Naples United Church of
Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AG~DA
Approved and/or Adopted with changes - 5/0
APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming the week of May 16-22, 1998 as
National Safe Boating Week. To be accepted by William M.
Reid, Executive Officer, Naples Power Squadron.
Adopted - 5/0
Page 1
May 12, 1998
2)
Proclamation proclaiming May 15, 1998 as Law Enforcement
Appreciation Day. To be accepted by Sheriff Don Hunter or
his designee.
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) Nyankadau Korti - OCPM - 5 years.
2) Charles Coomer, Jr. - Domestic Animal Services - 5 years.
C. PRESENTATIONS
1)
Recommendation to recognize Barbara Lee, Office Assistant II,
Transportation/Road & Bridge Department, Public Works
Division, as Employee of the Month for May 1998.
Recognized
6. APPROVAL OF CL~'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8 . CO~ ADMINIS~'RATOR' S REPORT
A. COMMIINITY DEVELO~ & EN~TRO~AL SERVq[CES
1)
Staff request that the Board of County Commissioners
authorize the Chairman to send a letter to Colonel Joe R.
Miller, District Engineer, Army Corps of Engineers,
requesting that the Collier County Planning Director be added
to the Army Corps of Engineer's Environmental Impact
Statement Alternative Development Group.
Approved - 5/0
B. PUBLIC WORKS
1)
CONTINUED FROM APRIL 14, 1998 - Report to the Board on the
results of Countywide Interconnected Traffic Signal System
Study.
Report accepted and BCC to continue to support countywide
interconnected traffic signal system; County Administrator or
designee to sign off on letter - 5/0
C. PUBLIC SERVICES
Continued - No Date
1) Approval of a lease agreement and partial funding for the 4th
of July Festival.
Page 2
May 12, 1998
Moved from Item 916B2
2) Waive Formal Bid Process utilizing General Contractor's
Services Work Order System and award a Work Order to
Professional Building Systems, Inc. for Timber and Floating
Piers for Sugden Regional Park (Project #80081) {C.I.E. #724).
Staff recommendation approved in the amount of $236,000 - 5/0
SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9 . COUNTY ATTORNEY' S ~EPORT
10. BOARD OF COUNTY COMMISSIONER~
ao
Appointment of member to the Utility Authority.
Res. 98-130 appointing Fay Biles - Adopted 5/0
Appointment of members to the Forest Lakes Roadway and
Drainage Advisory Committee.
Res. 98-131 appointing Robert Schoeller and H~omas Watts Jr. -
Adopted 5/0 ·
Matrix of County Government Productivity Committee Projects
{Con~issioner Mac'Kie) '
Report Presented
11. (Y~ IT~4S
'A. (YrHER CONSTITUTIONAL OFFICEI~R
PUBLIC COMMENT ON GENERAL TOPICS
1. Ty Agoston re EPTAB
PUBLIC HEARINGS WILL BE HEARD IMMFDIATRLy FOLLOWING STAFF I'r~:
12. A/I~KRTISED PUBLIC HEARINGS - BCC
A. COMPREHENSI'VE Pl2Hq 2~S
B. ZONING A~S
1)
Petition PUD-97-20, Mr. Terrance L. Kepple, P.E.,
representing Nora Patmore, requesting a rezone from "A"
Agricultural to "PUD" Planned Unit Development to be known as
the Golden Pond PUD for property located on the west side of
CR-951 and approximately 700 feet north of Vanderbilt Beach
Road, in Section 34, Tov~ship 48 South, Range 26 East,
Collier County, Florida consisting of 28.68 acres more or
Page 3
May 12, 1998
less.
Ord. 98-35 - Adopted w/stipulation 4/]. (Commissioner Norris
opposed)
Continued Indefinitely
2) CONTINUED FROM 4/28/98 Petition PUD-96-12, J. Gary Butler,
P.E. representing Royce O. Stalling, Jr., requesting a rez~ne
from "A" Rural Agricultural to "PUD" Planned Unit Development
for a multi-family development for property located east and
adjacent to Santa Barbara Boulevard, one-half mile north of
Davis Boulevard (SR-84) in the South ¼ of Section 4, ?ownship
50 South, and Range 26 East, Collier County, Florida,
consisting of approximately 39.82 acres.
1)
To adopt the Community Automated External Defibrillator
Ordinance.
Ord. 98-36 AFopted as amended - 5/0
2)
Approval of an Ordinance related to the County's Reclaimed
Water System.
Ord. 98-37 - Adopted 5/0
3)
Petition AV 98-004 to vacate the 20' wide utility and
drainage easement lying along the southwesterly 10' of lots 2
through 7 and along the northeasterly 10' of lo~s 81 through
86, according to the plat of "Pineland-On The-Trail", as
recorded in Plat Book 3, Page 60, Public Records of Collier
County, Florida.
Res. 98-132 Adopted 5/0
4)
CONTINUED FROM 4/14/98 Community Development and Environmental
Services Division requesting approval of an ordinance amending
Ordinance Number 98-13, to correct a scrivener's error
attributable to an omission to reference a Master Plan as a
part of the Development Order for the enlarged Fiddler's Creek
Land Area and to make said Master Plan a part of said amending
Ordinance Number 98-13.
Ord. 98-38 Adopted 5/0
5)
6)
Petition CCSL-98-2, Darwin Stubbs of Humiston & Moore
Engineers, representing Gene L. and Sheelah R. Windfeldt,
requesting a Coastal Construction Setback Line variance to
allow construction of an elevated patio with a spa and stairs
for a single family residence located at Lot 7, Barefoot
Estates, Section 6, Township 48 South, Range 25 East, Collier
County, Florida.
Resolution 98-133 Adopted 5/0
Petition CCSL-98-1, Darwin Stubbs of Humiston & Moore
Page 4
May 12, 1998
Engineers, representing Katherine A. Cleary, requesting a
Coastal Construction Setback Line variance to allow
construction of a swimming pool, spa, decorative waterfall.
pool deck with stairs and driveway pavers for a single family
residence located at Lot 37, Block A, Replat of Unit 1,
Conner's Vanderbilt Beach Estates, Section 29, Township 48
South, Range 25 East, Collier County, Florida.
Resolution 98-134 Adopted 5/0
13. BOARD OF ZONING APPEALg
A. AFArERTISED PUBLIC
1)
2)
3)
CONTINUED FROM 4/28/9B Petition CU-98-2, Kim Patrick Kobza,
Esquire, of Treiser, Kobza & Volpe, representing Germain
Properties of Columbus, Inc., requesting Conditional Use "4" of
the C-4 zoning district for a used car lOtthfor property
located on Golden Gate Parkway, East of 50 Street SW and West
of Tropicana Boulevard, further described as lots 3,4,5 & 6,
Block 248, Golden Gate, Unit 7, in Section 28, Township 49
South, Range 26 East, consisting of 0.57+/- acres.
Resolution 98-135 Adopted with stipulations 5/0
Petition V-98-2, Margaret H. Duprey, requesting an
After-The-Fact variance of 5 feet from the required 30 foot
side yard setback to 25 feet for property located on thenorth
side of Sandalwood Lane, further described as Tract 100, Unit
35, Golden Gate Estate Subdivision, in Section 7, township 49
South, Range 26 East, Collier County, Florida.
Resolution 98-136 - Adopted 5/0
Petition A-98-1, Mr. and Mrs. John Fratzis and Mr. Jeffrey C.
Krozek requesting an appeal of the Collier County Planning
Commission's approval a boat dock extension approved on March
5, 1998, for property located at 80 Southport Cove in Lely
barefoot Beach PUD and further described as Lot t0, Southport
on the Bay Unit One.
Appeal denied - 5/0
14. STAFF'S COMMUNICATIONS
15. BOARD OF COLRTI~ COMMISSIONERS' COMMUNICATIONR
16. CONSENT AGENDA - Ail matters listed under this item are considered
to be routine and action will be taken by one motion without
separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent
Agenda and considered separately.
Approved and/or Adopted with changes - 5/0
Page 5
May 12, 1998
A. COMMUNITY DEVELO~ & ENVIRONMENTAL SERVICER
1) Lien Resolution - Code Enforcement Case No. 70609 Record Owner
Curran, Eileen
Res. 98-120
2)
Lien Resolution - Code Enforcement Case No.
Owner Miller, Sylvia S.
Res. 98-121
70729-063 Record
3)
Lien Resolution - Code Enforcement Case No. 70902-044 Record
Owner - Pukay, Boris & Emogene L.
Res. 98-122
4)
Lien Resolution - Code Enforcement Case No. 70904-042 Record
Owner - Campelo, Thales Selorenzi & Patricia
Res. 98-123
5)
Lien Resolution - Code Enforcement Case No. 70924-023 Record
Owner - HNH Ventures
Res. 98-124
6)
Lien Resolution - Code Enforcement Case No. 71002-041 Record
Owner - Skiffey, Maurice & Karen C.
Res. 98-125
7)
Lien Resolution - Code Enforcement Case No. 80105-067 - Record
Owner - Lloyd G. Sheehan TR
Res. 98-126
8)
Lien Resolution - Code Enforcement Case No. 80116-015 - Record
Owner Richard F. McCullough
Res. 98-127
9)
Lien Resolution - Code Enforcement Case No. 80116-018 - Record
Owner - Whitmer, Bruce T. & Elyse K.
Res. 98-128
10) Lien Resolution - Code Enforcement Case No. 80205-004 - Record
Owner - Rix, Maurice C.
Res. 98-129
B. PUBLIC WORKS
1) This item has been deleted.
Item #16B2 - Moved to Item ~8C2
2) Waive Formal Bid Process utilizing General Contractor's
Services Work Order System and award a Work Order to
Professional Building Systems, Inc. for Timber and Floating
Page 6
May 12, 1998
Piers for Sugden Regional Park (Project ~80081) (C.I.E. ~724) .
3)
Award a Construction Contract to Saltsman Construction, inc.
for Sunniland Water Control Structure, Bid No. 98-2798, Project
No. 31702.
In the amount of $105,250.00
C. PUBLIC SERVICES
1)
Enter into an agreement with the Collier County School. Board
for Summer Camp field trip transportation.
2)
Approve the consolidation of two part time Park Ranger
positions into one full time position.
D. SUPPORT SER%r/CES
E. COUNTY ADMINISTRATOR
1)
Recommendation that the Board of County Commissioners award Bid
~98-2796 for the rental of two hydraulic trash pumps to Sloan
Pump Company, Inc. and approve a Budget Amendment for transfer
of funds from Capital Outlay to Rent Equipment
2)
Budget Amendment Report
BA 98-224
F. BOARD OF COUNTY CO~(ISSIONERS
G, MISCELLANEOUS CORRESPONDENCE
H. ~ CONSTITUTIONAL OFFICERS
1)
Board endorsement of the Collier County Sheriff's Office grant
application for continued funding for the State of Florida,
Department of Community Affair's Anti-Drug Act Formula Grant
Program (Serious Habitual Offender Comprehensive Action Plan
Program.)
2)
Board endorsement of the Collier County Sheriff's Office grant
application for continued funding for the State of Florida,
Department of Community Affair's Anti-Drug Act Formula Grant
Program (Street Gang Prevention and Apprehension Program).
I. COUN~"f ATTORNEY
J. AIR-PORT AUqT{ORITY
17. AIkTOURN
Page 7
WtlEREAS, each ).ear more Americans are choosing recreational boatOIg as
relax with their.families and friends; however, what starts on/as a pleasa~t
cruise often en~ in tragedy because boaters fail to teach their families to swim,
fitH to properly equip their craft with personal flotation devices and other
protective eqtdpment, or fail to instruct their passengers in the use of such
devices prior to a boating cruise; and
WHEREAS, eye. year hundreds of lives are lost in boating accidents. These.fatalities can
be re&~ce& and boating made more pleasurable, ~those who engage in il will
emphasize know[edge, care. and lite courtesy .ecessaryfi~r stye boating; and
WIIER~S, the Congress of the United Stales having recognized the need for ~uch emphasix
has, ~v a joint re.v~[ution, of 4 Jt(~g 1~58 (72 Stat. 179), requested the President
to annually pqoclaim bhe. Wetk ~: natio~i ~.Boating
. .',L>.: ~,,~ ,~g ,-*'*'~ :?.~ · t-.~'-n
NOW TltEREFORE, bt (tp~lat~tdb~ the Board OfGoU~ Commffsioners of Collier
~',,~?":./~;j NATION~L~FE BOATING ~EK~
A 77EST.'
BROCK, C£ERK
5 A 2
PR OCL~4 MA TI ON
V/HERE. AS,
WHEREAS,
NO W THEREFORE, be it proclaimed
the problems of crime touch all segments of our society and can undermine and
erode the moral and economic strengths of ottr Communities; and
. we are fortunate that law enforcement officers from ali area agencies dedicate
themselves to, preserving law and order and the public's safety; and
,ye recognize that the men and women tn law enforcement risk their lives on a
dally basis to protect our citizens and maintain social order; and
we encourage all citizens to pause to recognize our law enforcement officers so
that we may not take their work for granted.
Commissioners of Collier
County, FI designated as
DONEAND
ATTEST:
DIVIGI ~ E. BROCK,
EXECUT /E SUMMARY
REPORT TO THE BOARD ON THE
TRAFFIC SIGNAL SYSTEM STUDY.
RESULTS OF COUNTYW3DE
INTERCONNECTED
~ To provide the Board with the results of the FDOT study for the County's
im~mom~ed ~'~! system.
CONSIDERATIONS: Approximately one year ago, on April 1, 1997, the Transportation Services
Department presented an introduction and overview of the proposed Collier County Interconnected
Signal System Study to the Board (Agenda item 8BI). Since that initial report, the FDOT, City of
Naple~ mi'f, Collier Coun~ raft and the cor~ultant, Kimley-Hom and As~iates, Inc. (KHA), have
been working diligently to complete the initial s~ies of task~ nece;sm'y to provide design direction
~nd · future impl~ion plan for the proposed ~ The ~udy will be completed later this
month.
Today, KHA will be making a shorl presentation to the Board and will be prepared to ar~-wer
question~. The presentation will summarize the results of the study, including the area of coverage of
the system, the type of hardware and software to be used in the system, the type of system
cornmunicatio~ to be used, and the impact ofthe propor, ed s2~s'tem on the County's ~ignal oper~or~
~nd maintenance staff. In addition, KHA will present the pha~ng and scheduling of the project, as
well as the user benefit~. Further, KHA will present an estimate of the probable consm]cfion costs of
the recommended system.
FISCAL IMPACT: It is not thc purpose of this report and presentation to solicit funding or to
recommend defined budget items for the recommended system. However, since the probable costs of
the system will be made available along with the recommended staffing plan, the Board, and the
public, will be given a preview of the resources necessary to implement the system as it proceeds to
the construction phase.
GROWTH MANAGL~aENT IMPACT' Implementation of the proposed countywide
interconnected traffic signal system is consistent with the County's Growth Management Plan to the
extent that it will enhance mobility and assist in reducing congestion throughout the County.
RECOMMENDATIONS: That the Board of County Commissioners accept thc proffered report and
continue, through the lViPO, to support the goal of developing a countywide interconnected traffic
PREPARED BY:. DATE:
Ed a~! I. Kant, P.E., ~nation Services Director--'
· /
REVIEWED DATE:
Ed llschner, l~blic Works Administrator
MAY I 2 1998
~o_ !
AFPROVAL OF A LEASE AGR. EEI~ENT AND PARTIAL FUNDING FOR ~ 4* OF JULY
FESTIVAL.
Objeeth'e: That the Board of County Commissioners approve and authorize the Chairman to sign a lease
a~eement with the Naples Junior Chamber inc. approving the use of Sugden Regional Park for a 4a of Jul)'
Festival, and approve ~unding in the amount of $25,000 for a firewodcs show.
Considerat$on:The Naples Junior Chamber (NJC) prcviously approached the Board on March 3, 1998 with a
proposal to host a 4~' of Juty Festival at Sugden Regional Park. The Board directed the NJC to work with staff.
The NJC proposes a one day festival from 4:00-10:00 PM on July 4, 1998. The itinerary for the event includes
live bands from county to rock and roll, local entertainers, games and food vendor bootJ~ a ski show by the
skimmers, and a $25,000 fh-ework~ display aRer the sun goes down. This event will benefit the citizens and
families of Collier County since it will offer an alternative to other Frrewodcs shows. Additionally, the festival
will he a great way to show off newiy opened Sugden Regional Park to the Collier County community. (The
park is on schedule to open in early June.)
As pan of the AgreemenL the County will fund $25,000 towards the fireworks show only. In return, the NJC
will be responsible for all on and off-she operations and revenues associated with the event including security,
franc control, cleanup and ill rental fees for said park in conjunction with County policy. The budget for Me
event is estimated at $ 72.000. The event will be open to the general public free ofcharge with preferred seating
(500 seats) and parking (500 spaces) available at a fee of $3.00 each. The NJC anticipates 10,000 visitors will
attend the festival.
Gro~h Management: None
Fbcal Impact: The Count)' anticipates revenue (001-156341) in the amount of $1600 for rental of said
property. The fireworks will cost the County $25.000 and will be taken from general fund reserves (001-
919010) and expended in the Parks and Other Propert~ Budget (001-156332).
Recommendation: That the Board authorize the Chairman to sign the Agreement aRer final review by the
Count)' Attorne:.,.. and approve associated budget amendments.
Prepared by:
~John Dunnuck, Operations Coordinator
Department of Parks and Recreation
Reviewed and '~/~C~,
Approved by
Marla Ramsey', Director
Department of Parks and Recreation
Reviewed and_ ~ .......
Approved by: I, .b,~a,~ _.:,,?, _ ~
Thomas w. bl-Jiff. Xdn l Lafator
Division of Public Services
]:)ate:
pate:
Agena~a ~.t '
No.. /
MAY
DRAFT
Lease #
LIMITED USE LICENSE AGREEMENT
LIMITED US£ LICENSE AGR£EMENT BETWEEN TIlE BOARD OF COUNTY
COMMISSIO,'~ERS, COLLIER COUNTY, A POLITICAL gUI]DIVISION OF THE STATE
OF FLORIDA AND NAPLES JUNIOR CHAMBER INC., A NOT-FOR.PROFIT FLORIDA
CORPORATION, APPROVING THE USE OF COUNTY.OWNeD PROPERTY FOR THE
PURPOSE OF CONDUCTING A JULY 4TM FESTIVAL.
This Limited Use License Agre~mem entered into lhis day or' .... 1998 b~' and
between the Board of' County Commissioners, Collier County,'Florida, w~ose mailing address is 3301
East Tamiami Trail, Naples, Florida :341 t2, hereinafter referred to as '*Board", and Naples Junior
Chamber, Inc. ('Naples JC) not-for-profit Florida ¢oq'~oration, whose mailing address Js P.O. Box 7783,
Naples, Florida 34101, hereinafter referred to ns "Organization".
Wt'rEREAS, the Organizafinn requests the use of County-owned land for the purpose of holding
aclivities for conducting a Inl.,, 4' f'estiv~l fo he held on July 4.1998.
WIIEREAS, the Dnard is ~ilhng tn approve the use nf County-owned land for ~uch I~Jrpnses:
NOW. TH£R~FOR~, IN C'O~;$IDER.ATION OF Tlt~ I~IUTUAL COVE~IANT'S CoN'rAfN'£D
H£RFIN AND OTH£R VALUABL£ CONSIDERATION, TH£ PARTIES AGI~'I~ AS FOLLOWS:
1. The Board hereby approves the use ora portion of County-owned propen~ idemified
Re~ion~! Park ~s sho~ in L"xhihi~ "A" anached and made a part hereof, herein~ft~ referred m as
~Prnpert)." far the pt,rT~se of'holding ~tiv~ties I'nr a July 4'~ Fe~iv~! hereinafter referred to as
'Festival". The Board here.by grnnts the Org,qnizati(~n lhe tight In photo~',tph, record, televise,
hrnndcast, d~strih~,~¢, exh,t~::, atf~'eni~e and pr~m~te the Festival. The 11oltd ha~ the tight to use
pictures for prnmnt~(~n nf Count) programs The ,qpprovnl al'the use of' the Properly h~ the
Orgnniz~tion shall ~ nn Jn!y 3''~ and J,,ly 4"'.
July 5'" will be n clenn ,p d.'~:e nnd th.:. fncilit:,, will ~e cleaned by noon.
2. The organization s!ta~t ~ re,~pon~ihle i'or all on and off. silo operations and reven,.~e as wel! as the
aclministra:son of'a~l re,'er, un derived t'rom the Festival.
T~e Organlzatmn shalJ hn,..e fl~e ~le right ,'tad responsibility with respect to lhe granting of'
concessinns fsnch ss ~'ond, he~'erages, programs), sponsorship nnd merchandising rights nnd the
revenue therefrom s~!~i¢..'~ m fln~rd
The Organization shall ~n~:or. control and asst,r~e responsibility for all activities, vendors.
hcensees, and invitees associated ~'ith holding of t' ~e Festival, such responsibility no! being limited
to Irash collection and clean.up of' tl~e Property. Repair ot'darrmged areas will be al the expense of'
she Organization. Board shall not he obligated or required to improve, repair, or maintain lhe
Property or an)' part thereo~' Jn any manner whatsoever.
The Organization shall acquire all permits required by Collier County and any other govemmemal
entity to conduct such an event and related activities on Ihe Property. The Organization shall post a
Two l-hmdred and nn/I O0 d~llnrs ($2f)0) deposit with the Collier County Parks and Recreation
Department at the time o£re.,ervation o£1he event to insure adequate clean-up o~'the Property. This
deposit is no! intended to replace Ihe Organization's obligation to clean up the Property at the
eomple~ion or' its activities under this Agreement. The Parks and Recreation Department shall
return such depnsh tn Orgnnization if'said Property is cleaned and facilities are left in an ~¢cep~ahle
cnndilinn in a tirnel). ;md f~rnrer mnnner as reqnired herein.
Prior to making an.~ ch=~ges, alterations, ~dditions or improvements to the Property, the
organization shall provide to the Board. in writing, all proposals and plans for aherations,
improvements, changes or additions to the Property. The Organization covenants and agrees in
connection with any maintenance, repair work, erection, construction, impmvemem, eddidon or
alleration of'any authorized modifications, additinn,~ or impmvemems Io the Property, to observe
and comply with nil present and f'umre laws, ordinances, roles, regulations, and requirements ol'the
I
Agenda
HAY 1 Z 1998
United States of America, State of Florida. Cmmty of Collier, and any and all governmental
agencies. All permanent ahctations, imptovemems, and additions to the Property shall, at once.
when made or installed, hc deemed as attached to the Freehold and to have become thc property of
Collier Cmmty and shall remain For thc benefit of Ibc County st Ihe end oflhe lerm SCl forth in this
agreement in ns t~nnd order nnd condition ns ~hey were when in.~alled, ren.,m, nahle wear and sene
exccf~e.d; provided, Imwevcr, il' Dnard sn directs, thc Otganlzalion shall promptly remove ali
portable and non-permanent additions, improvements, alterations, fixtures and installations which
were placed in, on. or upon the Property on behalf of the Organization, and repair any damage
caused to the Property by such removal.
Organization agrees that the event will be managed in such a way as ~o comply with all other
Collier County ordinan:es, codes and Parks and Recreation Depar~nent policies. In particular, the
event noise except the fireworks themselves; will be managed to limit any sotmcl ampliflcafien Io
meet the Collier County Noise Ordinance and in accordance wilh Parks and Rcm'cation Depm-fmen!
policy fat utilization of County Parks. There shall be no on-site sales, promotion, at consumption
of alcoholic be~rages or tobacco products wilhin the park boundaries.
Organization agrees tn provide sect~rity by the Collier County Sheriff's Departmen! at the
intersection of US 4 ! and Ouler Drive and additional manned security at the inter~ections of
Thomass~n Dave and each of the following roads: Lombardy, Orchard Lane. Alladin Lane.
Normandy and Outer Drive. Organization al.~o agrees to provide on-site fire protection frnm the
F..ast ~nples Fire l),~fr,ct andh,r of her attlhor,?ed Cmmty Fire Districts. and on-site Emergency
,Medical .Rcr~ icc~ li,~m the Collier Crt.ney I'.~I~ F)cparlment. Organi?atinn agrees tn have n
p;nking and pedes;~.m crossing plan approved hy Parks and Recreation and lhe Collier County
Sheriff's Depa~mem
Organizat,on agrees to manage the event as o~tlincd within the management plans prepared by
Orgamzation. S~ch plans arc a pan of this Agreement.
The Organization agrcrs tl~at all persons involved with ~he handling and igniting of fireworks will
he performed hy q~mhfied personnel.
Organization shah indenmify, defend and hold harmless Board. ils agents and employees from and
against any a~ all liahihty (smtmo~ or o~he~.ise), damages, claims, suits, demands, judgments.
costs, in,crest and expenses ~including. but nnt limited Io. attorneys' fees and disb~ements ~th at
trial and ~ppcllalc le~els) arising, directly nt indirectly, frnm any ini.~ to, or death of, any ~n
or persons or damage ~o tropes)' (including lass of use Ihereo0 related to (A) Organi~tion's u~
of thc Propen), (Bs a~} work or thing wha[~ver done or any condilion created (other than ~ley
b)' Board, its cmplo)ees, agents or contractors) by or on ~halfof Organi~fion in, a~ut, on or
wilh thc Pro.ny. (C) an)' condifinn oftl~e Pro~ny due la or resulting from any default by
Organizatinn in II~. performance of Orgnniznlinn's obligalions under this Agreement, and (D) any
ach om,ssion or negligence afOtg~ni~tmn, ils agents, contractor, employees, subtenants,
licensees or invitees In case any action or proceeding is broughl again~ any of the a~ve by
rea~n of an:.' one or more ~hcreof, Organi~tson shall pay all costs, a.omeys' fees. exposes and
liabilities res.lting therefrom and shell defend sl*c~ action or preceding if Board shall ~ request,
al Organi~tinn's exrense, hy counsel reasonably s.~tisfaclo~ to Board.
The Organization accepts thc property "as is," The Board shall not be liable for any injury or
damage to an}' person or properly caused b)' the elements or by other persons on the Property. or
from the slreet nr s~h-s~rface, nr from a,D. other place, or for any interference caused by operations
I? or for a govemmcn:al a~,thority.
'1 he lloard shall not I~e hahl¢ for any loss of property, inclt~ding loss due to petty theft of any
property occurring on thc Properly at any pan thereof. The Organization agrees Io hold thc Board
harmless from an)' cl.~ims for damages, except where such damage or ini.ry is the resllh of the
gr~s negligence or w, llfid miscnnduct of lbo I'lnard nr its employees.
Organization shal] provide and maintain commercial general liability and property liability
insurance policy(ics), approved by the Collier County Risk Management Department for not less
than Five Million Dollars and No/Cents ($~,000,0C0) combined single lin:its dufin~ the term of'this
Agreement. Organization shall provide and mainta,n Worker's Compensation Insurance coveting
all employees meeting Statutory Limits in compliance with all applicable laws. The coverage shall
include Employer's Liability with a minim~,m limb of One Hundred Thousand Dollars and No/10G
Cents (S I OG.O00) each ncc idem.
Colhcr Coum) shall hc h~ted ~s ~kLlilional insured on the commerci.! genii li~bihty ~lic~.
Evid~ n~sl~h msur3ncc s~dl ~ prnvidcd m Ibc Collier County Risk Min=gemenl ~pn~menl.
33OI ~sz Taminmi Trail, Adminislra~inn Rnilding, ~aples. Fl~da, 34112, f~ ,~val ~i~ m
II~ c~emem nf~his Agreement; nnd shall incline a ~vistnn ~quidng I~ (I~) days ~inr
~llen nnlice In Collier Cmmly c/~ Cnunly Risk Manag~em De~nmmt in lhe evenl of
~llaEion or changes in ~licy(ies) coverage. Board ~s~es thc fight To ma~nably amend
i~umnce mquirem~ts by issuance ofnoYice in ~idng lo Organi~tion. U~n receip~ of~ch
~ice, ~ni~tion shall We ten (10) days in which Io obtain such additional insurance.
~is Limiled U~ Licen~ Agreement shall ~ adminislcrcd on ~halfoflhc Board by and lhrough
ihe Colli~ County Parks 3~ R~realion Dcpa~mcnl.
~e ~gani~don taus: submit an application and facility ~alion ~si~ Io the Director o[
Pa~s ~d R~rcalion no la,er ~han (60) calendar days ~ot to lhe ~ent date.
a. U~n re~'iewing ~he application, the Direclor may schedule a s~cial ~ts commi~ee
meeting wi~h she repre~madves of the Organi~tion approximalely (30) calendar days ~ior
Ihe erect dale All requested ~rvices, ~rmits, renlal fees and ~ice charges will ~
discussed nt ~he
b ~ Direcs~r may apptnve or deny lhe application any such m~zing (s).
c. E~cnt Logm~cs The Orgnmznzion mus~ provide the Director with d~ailed evem
mfo~a~inn :nd cop:es of required documents no laler ihan (30) cal~dar days print to lhe
~ncumcn~;;~;,~ ~:~. ir.: ~ ~t. ~lll nrc nnt hmitcd In thc follow, lng.
~'cn~.~r J.~f ~,qmcs. n~drc~c~, phone t~'s~ of all ~nnd vendors, s~n~rs.
Sup~t:~ [.~ ~nnmes, ;,~,ffcss~s. phone ~'s) n~all rental compames and
l.ng~t~,,l ~h..dM~,~even: tdch~eries, sol.up, clenn.up).
~'t~ ~¢:~ in.- Ibc even! ioeis:~cs lhe Cotmtv rose.es the ~eht
n~ ¢~em~nl nf:h~. C)r~nn~zalion's aroused event. ~is
thc e,t.m~$t ~u~htv gnq'-nl s~andards tn ensure lhe success and
d P.~rkmg P!an Tl~c Orgnn=za~mn mast prnvide to thc direclor a detailed parking plan far all
;,rc:~s schc~nl~.,~ ~,, bc nhhz~,l and Ibc ~nrkmg attendants Kheduled to monitor the defied
~;~rLn:g .r~.~ r~.~ L~z~-r lhan (~) c~lcnd~r (lays prior to evenl dale.
cr~lng ~l;m In Iht ~trcclnr nnr~n~'cd hy thc Cnllicr Cnuntv Shcriffls
In Thc ,%~ccmcn~ i~ nn~ .~,,~gn.,t~lc An) nt~cm~t ~n n~sign is vni(I nhinitin.
Rem.d Ra~c: S ~l,f, r~r ~t~) ~o da)' e~'cnl
1 t ~is Agreemem represents n hare license for ~he Organi~tion's use of Ibc pm~ny ~nd does
cnn~'e) nn)' es~le in ~l~e Prnr. en). or create any interest Iherein whats~ver.
12. ~c Organization rc~rcscnzs and wa~an:s ~o d~e Beard lhal no ha~rdous martials will
d~hntgcd to ~he n~r. grnunds, sewer, or to any Septic system nn ~he
4gena.
HAY
13. '/'he Or~nization shall be responsible for p;~ylng all taxes and charges associated with or resulting
All Oteanizations Will
Submit application and facility deposit
Attend Count), special event meeting
Copy of all Idveflis~'nems
Provide event lc~is~ics and permits
Fire Resardam Certificate for tents
Copy oirall insurar~ e cenifica,.es
Pay ali permit and rental fees
Pay ofaddition31 ftes and damages
60 calendar days prior to event date
30 calendar days prior to event date
30 calendar days prior Io evem date
30 calendar days prior to event date
30 calendar days prior to event date
l$ calendar days prior to even! date
$ calendar days prior to event date
30 calendar days after event date
I ~. Puts,.zant tn this Agreement. the Oo~td shall grant twenty.five thousand dollars (S25.000) in trust to
the Orllnniznliem. Thc Orgnnizalion will select the stq'~ptier of the firewmks fm this Festival and
shall pay thai $~.(~'KI tn thc prnfcssinnal s,,ppliet as partial consideration from the Orl:anization IO
the s.ppher far st~ch f'.,tcworks. Sa~cl monies shall not be disb~,rsed to Ihe fireworks stq~lier unlil
cnmpletin, nf she Fc.,~;d W.hm ten ¢I~) days I'nllowing the end of the Festival, the
Org.~niz~sinn shall cnnfi:m h} lc.er m tl:c llnnrd that said $25,000 was in fact paid to the supplier
of tl~e fireworks
16 This Agreement z5 gn~'crncJ nnd construed in accordance witl~ thc 13~ of the State of Florida.
IN IA'/T~ESS WIIEREOF. tl~c panics hcrclo have made and executed this Limiled Use License
Agreement as of tile day a.~d },cat first above wrillen.
AS TO TIlE ORGA%:IZATIO'~:
NAPLES JUNIOR CHAMBER, INC.
DATED Dy:
d ~flfll I~alT~¢ !
..~S TO TIIE BOARD
ATTEST.
I')~.vl(;ll'l' I'. 111[¢ ~(.'I.~. (.'leal
BOARD OF COLrNTY COMMISSIONERS
COLI.IF.R COUNTY, FLORIDA
Appro~'¢d as to fon~:
and legal sufficient}
Barhara B. Berry, Chairman
AssJslan! C'olm[}' Atlorn¢}
HAY 1 g lqg
"o..~,(-c))
HAY 1 z'1~98
~[l:l~.~ff~: To appoint I member to fulfill the remainder of a vacant term, expiring on May
21, 1999 on the Utility Authority.
CONSIDERATIONS: This 5 member council was es'~ablished on February 27, 1996, by
Ordinance No. 96-6 to regulate u~ility rates and related matters regarding non-exempt water and
wastewa',~ utilities in unincorporated Collier County. Tlu'ee members shall be technical in
nature, with expertise in engineering, finance and/or business administration. The remaining 3
members shall be appointed on the basis of individual civic pride, integrity, and experience in
any area of regulation. Members are required to file a Form 1 Statement of Financial Interests
each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4
years. A list of the current membership is included in the backup.
IVlr. Richard F. Bergmarm resigned his position on the Utility Authority on March 26, 1998. A
press release was issued and one resume was received bom the following in,'rested citizen:
APPLICANT CATEGORY DIST ~L~CTOR v/~lYa.g_Q.l~
Fa}' R. Biles Lay Member I yes EMSAC
COMMITTEE RECOMMENDATION: No Recommendation; however, a memorandum
was received indicating the applicant is qualified to serve on the Authority.
FISCAL IMP.~(~T: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of Count)' Commissioners consider the request for
appointment and. if appointed, direct the Coun~ Attorney to prepare a resolution confirming the
appointment.
Prepared By: Sue Filson. Administrative Assistant
Board of County Commissioners
Agenda Date: May 12, 1998
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Sue Filson, Administrative Assistant, Board/~Co~nty
V-~/
Bleu Wallace. Utility Regulation Manager ~
Collier County Water and Wastewater Authority
April 27, 1998
RECEIVED
2 7
c~f "" -, ~ ..... .- ..,e".
Commissioners
I have reviewed the request of thc applicant seeking appointment to the Collier County
Water and Wastewater Authority, keeping in mind the qualifications required for a lay
member vacancy.
Section 1-3 (E), Ordinance No. 96-6, as amended, states that applicants who are
customers of a regulated utility shall be preferred.
Section 1-3 CE) (I), Ordinance No. 96-6, as amended, provides for technical members to
be appointed based on individual expertise in one or more of the following areas: (I)
Engineering: with expertise in water and sewer systems; (2) Executive experience in
finance, accounting, ratemaking, and/or utility regulation; or (3) Business administration.
Section 1-3 (E) (2), Ordinance No. 96-6, as amended, provides for lay members to be
appointed on the basis of individual civic pride and integrity. Although applicants for a
lay member's .seat need not have experience in any area of relevant utility service and
management, raternaking, utility regulation, or other endeavors, lay members may be
appointed from the same areas of expertise as technical members.
Dr. Fay R. Biles, 1588 Heights Court, Marco Island, Florida. A Marco Island
resident and current customer of Florida Water Services Corporation, Dr. Biles
has applied to fill the vacancy of a lay member. Dr. Biles is very active in the
community and is well versed ia water and wastewater utility issues. She is
qualified for appointment on the basis of civic pride and integrity, in addition to
her experience in areas of utility rate-making and utility regulation.
While qualifications are capsulated above, no recommendation is contained herein.
AGENDA.
NO..,_.,~Z_
MAY 1 2 f998
Utility Authority
Nall~
Woek Phone Appt'd Erp. Da~e Term
Home Phone Da~eRe-a~t 2ndF. xpD~e 2nd Term
George $. Schroll
829 Bluebonne~ Court
Marco Island, FL 34145
Distr.: 1
Category: Technical/Business Administration
642-3928
Neno J. Spagna
3850 27th Avenue, S.W.
Naples, FL 34117
District: 5
Category: Technical
455-2168
05/21/96
Joseph A. Mandy
6280 26th Avenue, S.W.
Naples, FL 34116
District: 3
Category: Civic Pride
Richard F. Bergmann r~'~
58 N. Collier Boulevard. # 1503
Marco Island. FL 34145
District: 1
Categoov Civic Pride
~8~8~
08/26/97
05/21/96
Robert C. Bennett
7065 Dennis Circle 103
Naples. FL 34I
Di$trict: 3
Categoo': Executive Management
352-0219
07/I 6/96
4/28/98
05/21/00
05/21/99
05/21/01
05/21/99
05/21/98
05~ i/02
4 Years
3 Years
4 Years
3 Years
2 Years
4 Years
Page I of 2
HAY 12 1998
Pg ,,~
· Utility Authority
This 5 member authority was established on Februa~/27, 1996, by Ordinance No. g6-6 to
regulata tttir~y rates and related metters regarding non-exempt water and wastewater u~lities in
unincorporated ~ County. Three members shall be technical in nature, with expertise in
engineering, finance and/or business administra~n. The remaining 2 members shall be
appointed on b~ basis of individual civic pride, integrity, and experience in any area of
regulat~. ~ are required to file a Form I Statement of Financial Interests each year with
ff~e Supef'dsor of Elections. Terms are 4 years.
jr/. S/AT: 12~5.01(t)
St#fi: Bleu Wallace: 774-8577
MEMORANDUM
DATE:
TO:
FROM:
April 24, 1998
Vinell Hills, Elections Office ~,/~
Sue Filson, Adminisu'ative Assi~'
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also. please list the commission district in which each applicant resides.
UTILITY AUTHORITY
COMMISSION DISTRICT
Fay R. Biles
1588 Heights Court
Marco Island. FL 34145
Thank you for your help.
~EMORANDUM
DATE:
TO:
FROM:
April 24, 199S
Bleu Wallace, Utility Re~lation Manate~/~
Sue Filson, Administrative Assis'mm~,//,~t- ,
Board of Cotmiy Commissioners '"~'- '
Utility Au',horit~
As you know, we currently have I vacancy on the above-referenced advisory comminee. A press
release was issued requesting citizens interesxed in serving on this committee to submit a resume for
consideration. I have anached the resumes received for your r~ev,' as follows:
Fay R. Biles
1585 Heights Court
Marco Island, FL 34145
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary, for the Board's
consideration. Please categorize the applicants la areas of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
HAY 12 1998
Fay R. Biles, Ph.D
President, FAVA A.tsociat~
1~$8 I-teig, hts Ct.
Marco Island, FL 34145..6616
(941) 394 3089 Fax: sa.me
April 24, 1998
TO: SUE FILSON, COLLI'KR COUNTY COMMISSION
FROM: DR. FAY R. BILES
RE: APPLICATION TO SERVE ON THE WATER AND WASTE WATER
AUTHORITY BOARD
Please consider my application for a seat on the Water and Waste Water Authority
Board. I have served on a water committee for many, many years on Marco bland.
Was Vice President of the Marco Island Fair Water Rate Defense Fund until it was
taken over by the Cie7 of Marco Island City CounciL
I feel that the Board should have at least two members from Marco Island because
Marco provides more fees than the rest of Collier County. biarco Island and
Golden Gate have worked closd7 together on water issues.
In the past I have appeared before thc Florida Public Service Commission in
hearings provided to review Southern States Utilities (SSU, now Florida Water
Sen'ices) regulations and com. I feel that water and waste water are the most
important issues facing SW Florida and its future, i helped in the effort to transfer
the regulatory effort from the Florida PSC to Collier Count~'. Would like to work to
keep it strong.
As Vice President of the FoCus Board I also sen'ed on the Water Subcommittee and
hdped write the statement describing what recomendations are feasible to address
water issues now and in the future for Collier Connty.
A~END T
MAY 12 1998
Po.
J-J-
To~ ?,xbr
COMMUNITY
CHARACTER TASK FORCE:
WATER RESOURCES
SUB-COMMITTEE
· GOAL
Developa comprehensive Action Plan that addtesseJ our futur~ water needs, inclndm$
the ff~shwate~ ~viron~e~t,
and zflth~6cs, while providing adequate d~ainage and fl~d ~ntrol
~( W~I~ Xt~fl Su~ommittee f~ evaluated ~ c~nt If~o~ ~ Co~itr
yei~ h:fo fha futu~ has been l~d -- th~ identlfi~ areas which c~ld tuppoff o~ ~5ts~
- ~ater Mater
· Aquifer Storage gecove~ pilot
- Stormwat./fl~g Co~ive Proem ~r Lely and ~on ~'~ Basins f~nded
· Water Conse~alton Plan tmplemente~
· RECOMMENDATIONS
· [mplemenl Coun[y-~de water conse~ation progra~ inc]uding public educa~n
~urces; a~ss ~eds f~ I~nd purch~
· Expand ~claime~ water systems, II~ pu~uin~ tnte~o~on of O~ and
· Develop p~grJm for wet season surface water di~harse, ifld~di.
mdho~ gaUons per day free Golden Gate Canal
. C~eate a City/County Advisc~ ~oard ~or c~pet~ve pla~zng
· R~lore natural aheelflow an publicly-owned lands Io ~hance Kqu~ ~cha~e ar.d
~duce ~reshwa~er discharge to ~tu~net
COMMUNITY CHARACTER TASK FORCE:
ECONOMIC DIVERSITY INITIATIVE
· GOAL
~ count~' with a balanced and erp&nded economic base that supports growth of environmentally-frtendl!, clean and high.tach industries.
· hat pru;4des year.round hish-paying jobs for young people andother~ Irained and educated for these jobs
.
~ Community Chu~cter Task Force extended its ~upport to the formation of a partnership between ~e Economic Development Council
md Cnlher County Government. Reco~in8 th~ lra~lity of our cut~ent teuonaL tourist.and-teal-estate.based economy. Ih~ p~.nersElp
~as ctotrd and funded a plan which wa[ dlvtrsi~ th¢ economy, dtc. a~e dependence on residential ta~ revenues, la.ease job oppottuni-
ie~ for t.idtnts and ~rrent ~tud~ts and pr~e~e and enhance the natural
· ACIIIEVEME~5:
· Economic Divenification Program p~pamd by florida ~anning Gmu~ a.d ~pproved by Come,ss,on
- Economic P~ri~ Plan d~lo~d by E~ and Colhet County Board of E~mic Advises. a~d ~ppr~ ~ Co.n~ C~mss~mn for
i,np'.enlcntnhOn
U~ tire ;ubl~c ararat.
Instinet a p~mpetit~n laxati~fl ~nd ~lllo~ climate
~llocltt occupallonal Jice~e f~s tO qup~ diversihcatJ~ e~forts
rovfde ombudsman business a~lJslancc
.zpcdltc permianS for qualified
:cure lundin8 for Srafl~ and [flcentive~
For t&e ;;r~l;dte lector.
Dcvelop and Implement internal growlh
from~e hishly.br~ted zec~tmeflt strst~y
In.ease employabilt~ of County's work
Enc~ra[e p~m~ifl~ bzation and n
HAY 12 1998
Pg.. ,,~
.......... [ ............................................................................... IW ....................
~[~.,..(~.,: To re-appoint 2 membem to serve 4 year terms, expiring on April 21, 2002 on
the Forest Lakes Roadway & Drainage Advisory Committee.
CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee had 2
terms expire on April 21, 1998. This 5 member committee aids and assists the Board of County
Commissioners in carrying out the purposes of providing and maintaining improved roadway
rel~ed drainage and roadway restoration within the area of the Unit as set forth in County
Ordinance No. 91-1C~' They also prepare and recommend an itemized budget, work programs
and priorities. Applit.,.nts must reside within the Forest Lakes Roadway and Drainage Municipal
Service Taxing Unit. 'l'erms are 4 years. A list of the current membership is included in the
backup.
A press release was issued and resumes were received from the following 2 interested citizens:
~ ~ DIST ELECTOR ADV. COMM.
Robert O. Schoeller n/a 2 yes Forest L~es
Thomas P. Watts. Jr. n/a 2 yes Fotes~ Lakes
COMMITTEE RECOMMENDATIQ~N:
Robert O. Schoeller - re-appt
Thomas P. Watts, Jr. - re-appt
FISCAL IMPACT: NONE
GROV, TH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint 2 members to serve 4 year terms, and direct the
Count?,' Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: May 15, 1998
HAY 12 1cig8
COLLIER COUNTY
OFFICE OF CAPITAL PROJECTS MANAGEMENT
]VI E M O R A N D U M
DATE:
TO:
FROM:
RE:
April 29, 1998
Sue Fiison, Administrative Assistant
H r~a~~Manager Il/
Forest Lakes Roadway and Drainage
Advisory Committee
I am in receipt of the resumes from applicants for the two (2) vacant positions on
the subject Advisory Committee.
Upon review, the Advisory Committee endorses the appointment of these
applicants as follows:
1. Robert P. Schoeller-
reappointment to term which expired on
April 21, 1998.
2 Thomas P. Watts, Jr. -
reappointment to term which expired on
April 21, 1998.
If you should have any questions or require additional information, please give
me a call.
MEMO.H£H.Ih.I ~9
cc: Forest Lakes Roadway and Drainage Advisory Committee
HAY 12 1998
Work Phone ,4ppt°d E.,ClX Date Term
Name Home Phone DateRe-appt 2ndErpDate 2nd Term
Mary O. Warfield 10/10/95 04/21/99 4 Years
225 Tm'tlc Lake Court, Apt. 3
Naples, FL 34105
District: 2
Category:
William L $cabury
$01 Forest Lakes Blvd., #205
Naples, FL 34105
Dixtrtct: 2
Category:
Rolx. n O, Scho~ller
472 Woodshi~ Lane
Naples, FL 34105
Di.m.~: 2
C~legory:
Roger Somerville
190 Turtle Lake Court. #210
Naples, FL 34105
District: 2
Category:
Thomas P. Wans
499 Forest Lakes Blvd.. ~103
Naples, FL 34105
District: 2
Category:
261-6303
263-3643 04/25/95 04/21/99 4 Years
263-4090
04/21/92 04/21/94 2 Years
649.0274 415/94 04/21/98 4 Years ./
04/21/92 04,'21/96 4 Years
649-7157 6/25/96 04/21/00 4 Years
263-~555 06/~-5/96 04/21/98 2 Years
This 5 member commsttee was created on 03110/92 by Ord. No 92-16 to aSd and assist the
Board of County Commissioners in carrying out the purposes of providing and mafntaining
improved roadway related drainage and roadway restorat,on within the area of the Umt as set
forth in County Ord. 91.107. The will also prepare and recommend an itemized budget, work
programs and prior,ties. Applicants must reside within the Forest Lakes Roadway & Drainage
MSTU Terms are 4 years.
Staff: Harry Huber. Project Manager II1:774-8192
Frltlay, ,bent 2S. 1996
Poge I of i
HAY 12 1998 J~'"~
_?_?_ I
MEMORANDUM
DATE: March 2, 1998
TO:
FROM:
Vinell Hills, Elections Office //~
Sue Filson, Administrative Assistan
Board of County Commissioners
RE: Vo~-r Registration. Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisor), committees. Please let me know if those listed
below are registered voters in Collier Count-.
Also, pl:ase list the commission district in which each applicant resides.
FOREST LAKES
COMMISSION DISTRICT
Robert P. Schoeller
472 Woodshire Lane, D-9
Naples, FL 34105
Thomas P. Watts. Jr.
499 Forest Lakes Boulevard, #103
Naples. FL 34105
Thank you for your help.
AG£ND6 _1TE.[~I
HAY 12 l J8
MEMORANDUM
DATE:
TO:
FROM:
March 2, 1998
~ Hubcr, Tecl~cal Services Superyisor, OCPM
Sue Filson, A~ve
Board of County Commissioners /r,./ '
Fores~ Lakes Roadw~ and Drainage Advisory Committee
As you know, we aurently have 2 vacancies on the above-referenced advisory cor~mlnee. A press
rdease was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Robert P. Scboeller
472 Woodshire Lane, D-9
Naples, FL 34105
Thomns P. Watts, Ir.
499 Forest Lakes Boulevard. #103
Naples, FL 34105
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please cste~oriz~ the spplicsnts in sress of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matxer.
SF
Attachments
HAY 12 t998
RECEIVED
J
~~~. , ,. 8oar~ of Count.~ Com~ssfoners
, ~"LL_._-~-.. J./ ~."_ .-. ~_Z.J (7'
"? ~- ~J n .~.~ '~ ' ~
AGENDA ZT'~ /-~n~-'4/7~~~ ~
.o. /0-~' T
SM1THBAKNEY
February 23, 1998
Sue Filson, Administrative Assistant
Collier Coun=y Board of Commissioners
3301 U.S. 41 East
Naples, FL 33412
Dear Ns. Filson:
I would like to apply for the vacancy on =he City County Forest Lakes
Drainage Commit=es.
My resume includes:
1 year Forest Lakes Drainage Committee
2 years Naples Chamber of Commerce Coastal F~nagement
Committee
3 years Naples Chamber of Commerce Environmental .Management
Committee
3 yearl Naples Chamber of Commerce Growth H~nagemen=
Committee
4 years Bay Days Clean Up Commit=es
20 years in the stoc~ brokerage business, 9 in Naples
10 years as President of Forsyth Manufacturing Company in
North Carolina, a steel fabrication company.
I have thoroughly enjoyed my one year of service on the Forest Lek,ts
Drainage Committee...Z~ h. as ~.een ve.ryL~,n?o__rma:ive and the committee
has actually accompl3, snea a :ew gooa ~:n3.ngs.
Over :he ne~c year, I would Look forward to solving and accomplish-ng
even more objectives of this sticky situa=ion. I think we can.
Sincerely,
Thomas P. Watts, Jr.
Financial Consultm~t
MAY ! 2 1998
MAY 12
MEMORANDUM
DATE:
TO:
FROM:
May 1, 1998
Board of County Commissioners
Barbar~ B. Berry, Chairman
Board of County Commissioners
Naples Airport Authority - Noise Compatibility Committee
Membership
Attached to this memorandum is a copy of a letter dated April 27, 1998 from Joseph
Bawduniak, Chairman of the Naples Airport Authority, advising that the Naples Airport
Authority has voted to change the non-voting status of the member representing the
Collier County Commission on the Noise Compatibility Committee to a voting
member.
They are also requesting that the Board of County Commissioners formally appoint a
Commissioner to this position. Since I have been attending these meetings on a regular
basis, I am requesting that the Board consider appointing me as the official County
representative to serve on this committee. I have added this item to the Board's agenda
for May 5, 1998, under Board of County Commissioners, Item 10 (D) for your
consideration.
Commissioner, District
BBB:sf
Attachment
CITY OF NAPI-ES AIRPORT AU'rHORITY~F.,/-~I~I~[~i:) ~
¶ ~O AVIATION DRIVI[ NoFFrH NA~. FLORIDA 341~
2 9 199B
Board of County Co~missioners
Honorable Barbara Berry, Chairman
Collier County Board of C, on-anissioncrs
3301 ~ Tamiami Trail
Nat~ FL 34112
Re: Naples Aiqx)rt ~ - Noise Compa~'bUit7 Comm~ee Membership
At the 22 April ! 995 Ah-port Atahori~ meeting, the Authority discussed the voting status and
rr~ke up ofthe Noise Comp~ Cmmnittee and voted to c~ the non-voting status ofthe
CoIlier C, oumy Board of Commissionen Member to a votin~ member.
The Airport Author~ formally requesu the Board of County Co~onen consider sppo~
you to fill tMs position, as you have been attending the ~ on a regular ba'~' The
Committee meets the fourth Thursday ofca~h mor~h ~t 9:00 AM, in Cit7 Hall Council
Chambers.
As you know, our Noise Cornp~'bility Committee plays an important role in assisting the
Authorit~ in ~ continuing ~o~ to the commun~ and we appreciate the positive
Sincerely, .
Naples A~ Authority
c: -~ore D. Sol'day
.' Dir~ofOper~o~ .,::.
~' ,, 'i ':' ~ '"
.J
EXECUTIVE SUMMARY
PETITION PUD-97-20, MR. TERRANCE L. KEPPLE, P.E., REPRESENTING NORA PATMORE,
REQUESTING A REZONE FROM "A' AGRICULITIRAL TO 'TUD" PLANNED UNIT
DEVELO~ TO BE KNOWN AS THE GOLDEN POND PUD FOR PROPERTY LOCATED
ON THE WEST SIDE OF CR-951 AND APPROXIMATELY 700 FEET NORTH OF VANDERBILT
BEACH ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 28.68 ACRES MORE OR LESS.
OBJECTIVE:
This petition seeks to have certain property rezoned from "A" and "A/ST" to "PUD".
CONSIDERATIONS:
The proposed Golden Pond PUD lays out a development scheme consisting of 75 dwelling units and
includes accessory recreation amenities. The Master Plan also depicts a wetland and preserve area, a
lake and other open spaces on a total land area of 18.76 acres more or less. This results in a density of 4
dwelling units per acre. The residential dwelling units are projected to be developed as villas, coach
homes or condominium units. The PUD also allows for single-family and two family dwelling units.
The proposed access is from CR-951 and bisects a wetland preserve along the eastern side of the
subject site.
The surrounding properties axe currently undeveloped and zoned Agriculture which permits a density
of I unit per 5 acres. Since these surrounding properties are located within the Urban Residential area
on the Future Land Use Map. they are eligible to receive a base density of 4 units per acre. It should be
noted that the Vanderbilt Pines PUD acro~s CR-951 to the east is approved at 2.47 dwelling units per
acre while the Island Walk PUD to the we~t is approved at 3.04 units per acre.
The proposed project density of 4 dwelling units per acre 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
Maximum Permitted Density
+4 dwelling units per acr~
+4 dwelling units per acre
Since, the requested density of 4 units per acre is equal to the maximum density the site is eligible to
receive by the FLUE and its density rating system, this petition is therefore consistent with the Growth
Management Plan (GMP). Notwithstanding the above, staff in reviewing the. d¢~¢~or
adequate findings to support a rezoning action advise as follows:
1
MAY 1 2 1998
A discussion of compatibility, ss it applies specifically to Collier County's legal basis for land use
planning, refers to the rel~onship of the proposed zoning action to the Future Land Use Element of
the Collier County Growth Management Plan. The Future Land Use Plan acknowledges the entire area
as an area where urban residential development is expected to occur. The proposed PUD Master Plan
illustrales a development at a density (4 units per acre) that is consistent with the density rating system.
In addition, the proposed Master Plan is designed around a lake and provides access to CR-951 which
is an arterial road. The PUD development strategy is one that would allow a single family, two family
and multi-family dwelling housing structure types. Development standards relative to each housing
structure type are generally consistent with the standards for conventional residential zoning districts. It
should be noted ',hat the petitioner indicates that the project is intended to be developed ',,,4th multi-
family condominium units.
With respec~ 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. Since the adjacent property to the north, south, and west are designated Urban
Residential, it is anticipated these lands will be developed with similar dwelling types and density.
Furthermore, a multi-family condominium project is generally more compatible with the approved
dwelling types in the Island Walk PUD/DILl and the Vanderbilt Pines PUD. To improve compatibility,
the PUD document's stated intent is to construct condominiums with a common architectural theme
that provides development standards that regulate the placement of residential slructures both for
individual lots (if developed) and the currently proposed multi-family development. These standards
are also similar to the standards commonly employed in other PUD's, which by actual development
practice have produced aesthetically pleasing communities. Furthermore, Section 3.4. (D) in the PUD
document provides that where a single family project abuts a multi-family project within the PUD, a 10
foot buffer shall be provided between them. There is also a 10 foot buffer around the perimeter. The
intent is to keep residential land uses from encroaching to near the adjacent properties to the north,
south and west. The PUD also limits the building height not exceed a height of 46 feet or three (3)
stories for the multi-family and 35 feet for single family and two family units. This is similar to the
Vanderbilt Pines PUD which allows for 3 stories and the Island Walk PUD which has a maximum
height of 50 feet for multi-family.
In regards to density, the subject property is surrounded by existing low density agriculture zoned lands
(! unit per $ acres) and is near low density residential PUD projects such as the Vanderbilt Pines PUD
(2.47 units per acre), and Island Walk PUD (3 units per acre). Because of the Urban Residential
designation along this corridor, there is potential for the adjacent properties to be rezoned to a PUD
allowing similar residential uses and density. Therefore, staffis of the opinion that requested density of
4 units per acre is compatible at this location.
The Traffic Impact S~atement (TIS) classifies this segment of CR-951 as a 2 lane arterial road. The
current traffic count is 9,189 PSDT and is operating at LOS "C". Peak Season Daily Traffic was based
on the Peak/Annual Ratio shown in the 1996 traffic counts. The TIS indicates that the proposed
development is projected to be compl~ed between 3 to 5 years. The site generated trips will not
adversely impact any road segment operating below it's adopted level of service st:
out of this PUD. Therefore, this petition is consistent with TCE policies.
Tran~iion Department has slipulated that both the northbound and southbound let~ and fight turn
lanes will be r~luired due to the site's proximity lo Vanderbilt Beach Road and the Vanderbilt Pines
PUD lo ihe east. The project should al~o be designed to account for the future 4 lane improvement to
CR-951.
Regarding the matter of timing, it should be appreciated that urban commercial development has been
approved within the Immokalee Road/CR-951 Activity Center which is a mile and a half to the north.
In addition, there is existing commercial and retail uses appmxinmtely 3 miles to the south on CR-95 I.
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 lo the GMP. This petition
was also referred lo staff with jurisdictional responsibility for reviewing land use petitions for
consistency with certain elements of the GMP. The environmental review indicates that native
vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design of the
master plan, therefore the Conservation and Open Space Elements of the GMP will be achieved by the
PUD development strategy. The subject property is readily accessible to a whole range of community
facilities along CR-951 and Vanderbilt Beach Road which provides shopping, medical and fire
protection 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 planning and/or SDP approval. This review
supponed a finding that an action to rezone the property to the PUD zoning classification would be
consistent with applicable elements of the GMP.
The Collier County Planning Commission reviewed this petition during their public hearing on April
16, 1998. By a vote of 6 to 0, they forwarded Petition PUD.97-20 to the Board of County
Commissioners with a recommendation of approval subject to the PUD document being approved for
legal sufficiency by the Collier County Attorney's Office. No one spoke for or against this petition
during the public heating and no correspondence has been received at this time.
FISCAL IMPACT:
None.
GROWTH MA~NAGEMENT IMPACT:
None,
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition PUD-97-20, being an
application lo rezone certain property from "A" to "PUD" subject to the conditions of approval that
have been incorporated into the PUD documen! and annached in the Ordinance of
pan of this executive summary.
A
................ J ......... J ............. J ..... I_15
PREPARED BY:
./ .,.. ,- ,M ....
CLmRENT PLANNING $£CTION ;
~ PLANNING $£CTION
"ROBERT $. MULHEKE, AICP, DIRE~OR
VINCENT A. CAUTERO, MC'T, ADMINISTRATOR
COM2VH.INITY DEV. AND ENVIRONMENTAL SVCS.
! -',':
DATE
DATE
PUD-97.20,1~X SUMMARY/RVB/tb
4
~,~:' 1 2 1998
AGENDA ITEM
MEMORANDUM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
MARCH 30, 1998
PETITION NO: PUD-97-20, GOLDEN POND PUD
OWNER/AGEI~FI':
Agar:
Terrance L. Kepple
3806 Exchange Avenue
Naples. Florida 34104
Nora Hames Patmore
202 - 60~ Avenue
St. Pete Beach, Florida 33706
REOUESTED ACTION:
This petition seeks to have certain land as herein described rezoned from its
classification of"A" Agricultural to the "PUD" Planned Unit Development District.
current zoning
GEOGRAPHIC LOCATION:
The property is located on the west side of C.R. 951. and approximately 700 feet north of Vanderbilt
Beach Road in Section 34, Township 48S, Range 26E. (See location map following page).
PURPOSE/DESCRIPTION OF PROJECT:
The proposed Golden Pond PUD lays out a development scheme consisting of 75 condominium units
with accessory recreation amenities, lakes and other open spaces on a total land area of 18.76 acres
more or less. This results in a density of 4 dwelling units per acre which is consistent with the base
density permitted by the density rating system. The residential dwelling units arc ..-yrojected to be
developed as townhouses, villas, coach homes or condominium units. The PUD u;., laerrnits single
and two family dwelling units. The proposed access is from CR-951 and
along the eastern side of the subject site.
SU]/]/OL'NDING LAND U~£ AND ZONING:
Existing:
The entire arra is vacant land with site vegetation consisting of Slash Pine, Cabbage
Palm, saw palmettos, and other vegetation. The site is heavily' invaded with exotics,
and includes two wetland areas. The land is zoned "A" Agricultural.
Surrounding:
North -
The property to the north is vacant. To the northeast is the U.T.S.
Switching Station Building·
To the east is the C.R. 951 right-of-way. Across ~.R. 951 is vacant
Agriculture zoned land.
South -
West.
The property to the south is vacant and is zoned Agriculture.
The property is vacant and is zoned Agriculthre.
GROWTH MANAGEMENT PLAN CONSISTENCY:
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:
_FLL~ and Density_. The project density of 4 dwelling units per acre is consistent with the density
rating system contained in the Future Land Use £1ement and is based on the following relationship as
noted below:
Base Density
Maximum Permitted Density
*4 dwelling units per acr:
+4 dwelling units per acre
Since, the requested density of 4 units per acre is the same as ',,,'hat the site is eligible to recewe by the
FLUE and its density rating system, this petition is therefore consistent with the Growth Management
Plan (GMP).
Traffic Circulation Element - The Traffic Impact Study (TIS) indicates that the proposed project ,,,.'ill
generate approximately 510 weekday trips and 41 Peak Hour (AM). The TIS indicates that the project
trips will not exceed the significance te,;t (5 percent of the LOS "C' design volume) on CR-951 after
trip assignments are made. In addition. :his 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 2 lane arterial road. The current traffic count is 9,189 PSDT and is operating
at LOS "C". Peak Season Daily Traffic was based on the Peak/Annual Ratio shown in the 1996
traffic counts. The TIS indicates that the proposed development is projected to be completed between
3 to 5 years. The site generated trips will not advenely 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 probable jurisdictional wetland total 11 acres
while 6.a acres have been designated as a preserve area. Together with the ~
lakes (0.9 acres), and water management areas, qualifying open spaceexceeds s~
the gross area. Native veEetation preservation or re-vegetation requirements o
2
achieved by the design for preservation areas md by re-vegetation of native species, therefore the
Conservation a~d Open Space elements of the GMP will be achieved by the PUD development
strategy.
Utilities and Water Mana_~ernent - Developmcn~t of the land will proceed on the bases of cormectio ,n~
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 orfter approvals. The
above prescribed course of action makes this petition consistent with this element of the GMP.
HISTORIC/ARCHAEOLOGiCAL IMPACT:
Staff's analysis indicates that the petitioner's prop,~'ty is located outside'an area of historical and
archaeological probability aa 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
s~opped and the Collier Count.,,, Code Enforcement'Department contacted.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUci-iJRE. I
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
,,,,'as revi~ved by the EAB on April 1. 1998 and they recommended approval subject to certain
revisions to the PUD which have been included in the PUD document such as the placement of a 15
foot drainage easement along the entire west property line. This shall be dedicated as a canal
maintenance travel-way prior to issuance of Certificate of Occupancy. Jurisdictional staff also made
recommendation for modification of PUD provisions to ensure compliance with LDC requirements
and these are also included in the PUD regulations. This includes the submission of an Excavation
Permit for the proposed lake in accordance with Collier County Ordinance No. 92-73.
The Transportation Department has stipulated that both the northbound and southbound left and ritht
turn lanes will be required due to the site's proximity to Vanderbilt Beach Road and the Vandergilt
Pines PUD. The project should be designed to account for the future 4 lane improvement to CR-951.
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
te an obleetiw-
favorable delermination must be based. This evaluation is intended to pro'.q
comprehensive overview of the impact of the proposed land use ch:rage, be they
culminating in a staff recommendation based on that comprehenszv~, ove~-iew. The
lt]Ve ~i'
MAY 1 2 1998
specifically noted in Section 2.?.2.$ and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation 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 followed by a summary conclusion culminating in a
determination of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staff report. Appropriate evaluation of
petitions for rezoning should establish a factual basis for supportive action by appointed and elected
decision makers. The evaluation by professional staff should typically include an analysis of the
petition's relationship to the community's future land use plan, and whether or not a rezoning action
would be consistent with the Collier County GMP in all of its related elements. Other evaluation
considerations should include an assessment of adequacy of transpor~,tion in.frastmcture, other
infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet
ofanalyzing the relationship of the rezoning action to the long range plan for future land uses.
It should be noted that the Board Of Count).' Commissioners has revt~ved similar rezone
requests where there is an opportunity to approve a range of up to a four (4) dwelling units per
acre when deemed appropriate, l%twithstandlng the above, staff in reviewing the determinants
for adequate findings to support a rezoning action advise as follows:
Relatlonshin 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 zomng action to the Future Land Use Element of the Collier County Growlh Management
Plan. A.s 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 4 units per acre which is consistent with the GMP. However, the
surrounding area is undeveloped and currently zoned at lower densities that range from I ~nit per 5
acres in the Agriculture District while the Vanderbilt Pines PI,ri) across CR-951 to the east is
approved at 2.47 dwelling units per acre. The Island Walk PUD to the west is approved at 3.04 units
per acre.
Conversely, the proposed master plan limits the location of future dwelling units to the internal
portions of the site and is surrounded by preser~'e areas on the northeast and east sides of the project.
The proix~-,~d preser~,e area will encompass 6.4 acres and is located along the east side of the PUD to
buffer the project from CR-951. In addition, a landscape buffer has been provided for in the PUD
document along the remaining perimeter of the project. The residential dwelling units will be built
around the lake located in the southern property area. The petitioner's stated intent is to construct
multi-family residential units with a maximum height of 35 feet (2-stories). Although, the PUD also
permits single family dwellings with a minimum lot area of 7,000 square feet and a maximum height
of 35 feet. Development standards relative to each housing structure type are generally consistent
with the standards for conventional residential zoning districts. 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 residex
fact the subject property is near approved but vacant residential lands to the easl
adjacent property, to the north, south and west are zoned agriculture which allox
4
fi~l ~,uqs~d in
's I unit 5 acres,
' 998
however, they are eligible to be rezoned to a residential district at a base density ufa units per acre.
The approved Island Walk PUD approximately 1 mile to the west is approved at 3.04 units per acre.
Because of the existing Iow density along CR-9SI and the trend to develop at similar densities in
this area, It is staff's opinion that the proposed density' of 4 units per acre or 75 dwelling unit~
is compatible with the development trends in this area. As noted above, the majority of the.
surrounding land is zoned agriculture which fs eligible to be rezoned to residential at a base
density of 4 units per acre. Therefore, staff is supportive of the proposed residential PUD at a
density of four (4) dwelling units per acre.
Since the project is designed around a large preserve area along the northeast and east property lines,
the proposed residential units should be buffered from CR-951. The proposed use is also compatible
with dwelling types approved in the Vanderbilt Pines PUD to the east and the Island Walk PUD one
mile to the west. Furthermore, the application of PUD development g',andards and architectural
theme requirements should remove any perception that there are any incompatibility in dwelling
types with adjacent land areas. Regarding the matter of timing, it should be appreciated that urban
commercial development has been approved within the CR-951 and Immokalee~Road Activity Center
and there are existing commercial facilities to the south on CR-951. After consic~ering 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.
,~ - The Traffic Impact Statement ('TIS) classifies CR-951 as an arterial road serving the local
north/south traffic. The TIS indicates that the 75 unit project will generate approximately 510 trips on
a weekday. The trip assignment in the TIS indicates that 75 percent or 383 trips will turn ~outh onto
CR-951 while 25 percent or 127 trips will turn north. Based on tMs data, the number of vehicular
trips generated by this project will not ~ the significance test (5 percent of the LOS "C" design 11~
volume) on CR-951. la addition, this segment will continue to operate at an acceptable level of~'
service at the build-out of this project. However, intensifying traffic conditions may at tim:s give
rise to inconveniencing neighborhood residents on this road segment even though the '~'t, ad will
operate at acceptable levels. The Transportation Department has stipulated that both the northbound
and southbound left and right turn lanes will be required due to the site's proximity to Vanderbilt
Beach Road and the Vanderbilt Pines PUD. The project shouId be designed to account for the future
4 lane improvement to CR-951.
Utili _ty 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. Ail development must comply with
surface water management requirements invoked at the time of subdividing or site development plan
approval.
Communi _ty Infrastructure and Ser-,'ices - The subject property is readily accessible to a ',,,'hole range
of community infrastructure which is enhanced by its interface with CR-951. Shopping centers, and
medical offices of various specialties are all withi~ a short driving distance to the south.
PUD Document and Master Plan:
~ - The Golden Pond PUD document is modeled after a County '
Model PUD Document in terms of format, general provisions covering references
The PUD document provides the required format for addressing land uses and der
and development commitments. The PUD contains all of the recommendations of reviewing staff
and the EAB. The development standards regulating the placement of residential structm'es both for
individual lots and multi-family development are similaz 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 35 feet or two (2) stories for the multi-
family units.
]~ - The Master Plan is designed around an entrance driveway which provides a connection
to CR-951. All committed road improvements shall be in place prior to rig issuance of any
Certificates of Occupancy for the project.
Based on the above analysis, the following conclusions can be reached.
1. The proposed rezoning of the subject property from "A" Agriculture to PUD to allow for single
and multi family residential development is consistent with the FLUE of the ~3MP.
o
The Board Of County Commissioners has revie'wed similar rezone requests and has an
opportunity to approve a range of up to a four (4) dwelling units per acre when deemed
appropriate. The proposed density of 4 units per acre is consistent with the GMP's density rating
system for projects located in the Urban Mixed Use sub-district as designated in the FLUE.
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 max/mum height
of 2 stories for single family and multi-family structures.
4. CR-951 will continue Io operate at an acceptable level of service and is projected to op~-~ate at an
acceptable level of service at the build-out of the project. CR-951 is currently a 2 lane arterial in
the prOJect area. The current traffic count for this segment within the project's'RDI is 9,189 PSDT
which results in LOS "C" operation. Therefore. this petition is consistent with TCE policies.
5. Currently. the surrounding property, is vacant, however, it is anticipated to be developed with
similar dwelling types and density. The Board of County Commissioners has the opportuni~, to
determine 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 at the PUD at 4 units
per acre (75 dwelling units).
STA i:T RECOMM£NDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-97-20
subject to the approval conditions that have been incorporated in the PLrD docu= ....... .'
described by the Ordinance of Adoption and Exhibits thereto. -" "~~~'~:'~: '
6 MAY 1 2 lg98
, II .
PREPARED BY:
~ ~ /
t ' :'% ' ---'
RAY BELLOWS, PKINCIPAL PLANNER
C~!~IT PL~G SECTION
xl ~,\.1~-~
}' .. ,~.
co~~ ~v. ~ ~o~s~ svcs.
Petition Number PL'D-97-20
S~affRepon for April 16. 1998 CCPC m¢cning.
ISSION:
MICH.-~EL A. DAVIS. CHAIRMAN
I~'D-97-20~STAFF REI~RT/RVB,rb
DATE'.
DATE
DATE
,0. /o~ _.J
FINDINGS FOR PUD
PUD-97-20
Section 2.7.3.2.5 of the Collier County Land Development Code requ/res the Phnning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
The suitabilltv of the area for the type and pattern of d~velopment proposed in
relation to ph~ical characteristics of ihe land, surrounding a~eas, traffic and access,
drainage, sewer, water, and other utilities.
Pro; (i) Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and ser,,'ices, 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.
(iii)
The subject property is served by a network of County roads, ali of which axe
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 ali actions that intensifx' urban development patterns there is some
loss to travel time for users ofth; same arterial road system;
Sammar3' Flndfn?z. 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 inbastrucnzre will be developcd
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.
Adequacy of evidence of unified control and suitability, of any proposed agreements,
contract, or other fnstrnments, or for amendments in those proposed, particularly
as they may relate to arrnngements or provisions to be made for
operation and maintenance of such areas and facilities that are not to ~
mafntatued at public expense.
MAY 1 2 1998
Evaluation not applicable.
Summary. Finding_: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions for continuing
operation and maintenance of common areas.
Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
Pro.' (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the Gwwth Management Plan.
Con.' (i) None.
Summary_ Flndin_t,.: The subject petition has been found cons/stent with the goals.
objectives and policies of the Growth Management Plan. A more detailed description of
this conformity is addressed in the Staff Report.
Additional Finding: The subject property is designated Urban Mixed-Use - Urban
Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at
allowing the land to be used for urban residential purposes at the density proposed of 4
units per acre.
This petition has been reviewed by the appropriate staff for compliance with the
applicable elements of the Growth Management Plan, as note below:
Furore I_And Use Element - Consistency with FLUE requirements is further described as
follows:
Residential Densi~ - Approval would authorize 75 dwelling units whose density would
be ,~ units per acre. This is consistent with the density rating system to the FLUE which
allows up to 4 units per acre.
I_sqd 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 ofthe TCE.
Recreation and _Open Space lZlemen! - Sixty (60%) percent or more oi
be developed as open space consisting of a wetland areas, lakes and
2
o
o
This area is exclusive of the amount of open space thai remains as eh_ch development
parcel or trac~ is developed. Said amount ofopen space is equal to the open space
requirement of 60% for residential PUD's exclusive of that open space r~lated to actual
residential development.
Other _A~_ llcable Element is) - By virtue of development commitments and master plan
development strategy, staff is of thc opinion that the Golden Pond PUD is entirely
cons/stent with provisions of the Collier County GMP. ',
Staff' review indicates that this petition has been designed to account for the necessary
relagonships dictated by the GMP. Wl~ere appropriate, stipulations'~ve been generated
to ensure consistency with the GMP darting the permitting process. Therefore, this
petition has been deemed to be consistent w/th the Growth Management Plan.
The internal and external compatibility of propesed uses, which conditions may
Include restrictions on location of Improvements, restrictions o~ design, and
buffering and screening requirements,
Evaluation not applicable.
Summnrv Flndlne_:: The PUD Master Plan has been designed to optimize internal' land
use relationship throu~ the use of various forms of open space separation. External
relationships are automatically regulated by the Land Development Code to nssure
harmonious relationships between projects.
The adequa~, of usable open space areas in existence and as proposed to serve abe
development.
Evaluation not applicable.
Summnry Flndlnv_; The amount of open space set aside by this pwject is consistent
w/th the provisions of the Land Development Code.
The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private. '
Evaluation not applicable.
Summary Finding* Timing or sequence of development in light
requirements is not a significant problem. (See Staff report)
of concurrency
MAY 1 2 1998
_. /,5"
The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Com' Evaluation not applicable.
$umm.r'y_ l:'indl~__~ Ability, as applied in this contact, implies supporting infrastructure
such as wastewat~r disposal system, potable water supplies, characteristics of the
pmpe~ relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at lengti~ in the staff report
~dopted by tl~ CCPC. Relative to this petition, development .~f the subject property is
timely, becaxzse supporting infrastmctu~ is available. .
Conformity with PUD regulations, or as to desirable modifications of such
re~lattons in the particular case, based on determination that'~such modifications
are Justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Evaluation not applicable.
Summary Findlng~ Tiffs finding essentially requires an evaluation of the extent to
which development standards proposed for this I'UD depart from developmem standa.nts
that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to those standards used for parti, cular
housing structures and associated area requirements.
FFNDINGS FOR PLrD.97-20/RVB/rb
MAY ! 2 1998
REZONE HNDINGS
PETITION PUD-97-20
,~ction 2.7.2.5. of the Collier County Land Development Code requires that the report and
rer, omm~~ of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the propo~ change in relation
to the following, where a~licable:
Whether the proposed change will be consistent with the goals, obJectiv~ and
policies tad Future Land Use Map and the elements of the Growth Management
,
i. The pr~osed residential density of 4 dwelling units per acre is consistem with the
Density rating Sysiem of the GMP that provides for a base density of 4 dwelling units
per acre.
ii. Development Orders deemed consistent with all applicable elements of the FLUE of'
the GMP should be considered a positive relationship.
Con.' None
Summsrv Flndin_ps: The proposed development is in compliance with the Futur~ land
Use Element ofihe Growth Management Plan. ,
The existing land use pattern:
Pro'. The surrounding properties arc currently vacant and zoned Agriculture. To the
northeast across CR.951 is Vanderbilt Pines PUD which allows 2.47 dwelling units per
acre while the Island Walk PUD (approximately I mile to the west) allows 3.14 units per
acre.
Con.- The adjacent property to the north, south and west is vacant and is zoned
Agriculture. This residential density is one unit per 5 acres.
Summary_ Ftudtn_p_s: Evaluation not applicable.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed rezone is similar to the approved residential zoned Isl
property to the west and the Vanderbilt Pines PUD to the east.
MAY 1 2 1998
~ Evnluation not applicable.
~nmmnry FindJnt,_s: The parcel will not result in an isolated district unrelated to
adjacent and nearby districts became is located across CR-951 ~ an approved
residential zoned property. It is also consistent with expected land uses by virtue of its
location within the "Urban Residential" area on the Funtre Land Use Elt'ment.
e
e
IA~nether existing district boundaries are Illogically drawn In relation to existing
~ondltions on the properS, proposed for change.
Pro'. The district boundaries are logically drawn and they are cons..istent with the FLUE of
the GMP.
Saturant. Findings; Land to the west is zoned PUD and contains similar dwelling types
at a density of 3.04 units per acre. In addition, the boundaries are logically drawn by
virtue of the site's location within the "Urban Residential" area on the Future Land Use
Elerpent.
Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro.' The proposed zoning change is appropriate based on the existing conditions ~f the
property and because its relationship to the FLUE (Future Land Use Elernem of the
Growth Management Plan) is a positive one.
Con.' None.
Summnrv Finding_s; Consistc-nt with the Growth Management Plan.
Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i)
The Island Walk PUD to the west contains similar residential dwelling
types while the property to the northeast is approved for single and multi-
family dwellings. By virtue of this fact it is reasonable that one assume the
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. ~
2 [ MAY!gl998
I
Con,' (i)
The additional dwelling units could cause increased noise and ual'tic
impacts on the nearby residences. However, due to the small size of the
site and the proposed preserve and buffer areas, the proposed PUD should
not adversely impact the adjacent properties.
Summlry Findings: The proposed change will not adversely influence living conditions
in the neighborhood because the recommended development sta~s 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.
Whether the proposed change will create or ezce~sively incre~e traffic conge~tion
or create type~ of traffic deemed Incompatible with surrounding land use~, because
of peak volume~ or projected t)'pe~ of vehicular traffic. Including activity during
construction phases of the development, or other~'ise affect public safety..
Pro: (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 fi-om this
residential development would be defused.
Con.' ti)
Urban intensification results in greater volumes of traffic on the local,
arterial and collector road system se~'ing the PUD. Other ,,projects
dependent upon the same street system may perceive this result as one
which will reduce their perceived comfort levels.
$umma~' Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final
analysis all rezone actions are subject to the Concun'ency Management System.
Whether the
Pro: (i)
proposed change will create a drainage problem;
The Land Development Code 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 suppo~ to
increase flooding potential on adjacent property over and above what
would occur without development.
MAY 1 2 1998
Cam (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.
10.
Summa~' Findings; Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval.
Whether the proposed change will seriously reduce light and.air to adjacent areas;
Pro: The proposed residential development conforms to the similar residential
development standards of the LDC which are designed to protect th~ circulation or' light
and air to adjacent areas.
Con.' None.
Snmma~' Findings: Ail 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 advenely affect adjacent areas.
Whether the proposed change will adversely affect property values in the ~ljacent
area:
11.
Pro; Typicali,'.' urban intensification increases the value of contiguous underutilized
land. a condition which exists on the north and east sides.
Con'. None.
Summary Flnllings: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property, values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property, is given a new zoning designation may or may not
affect value.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent properD.' in accordance with existing regulations;
Evaluation not applicable.
MAY ! 2 1998
Snmmsrv Findings: The basic premise underlying all of the development standards in
the zorting division of the LDC 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 change will constitute a grant of speciaF privilege to an
Individual owner as contrasting with the public welfare;
Evaluation not applicable.
Summary_ Findings: The proposed PLO 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 not constitute a grant of special
privilege. Consistency with the FLL;E is further determined to l~e 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;
Evaluation not applicable.
gumma~' Findings: The subject properg' 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 Gro,,vth Management Plan.
14.
Whether the change suggested is out of scale with the needs of the neighborhood or
the Count';
Pro: The proposed development complies v.'ith the GMP.
Con.' Evaluation not applicable.
Summar3_' Findin_es: A policy statement which has evaluated the scale, density and
intensity of land uses deemed to be acceptable for this site.
IS.
Whether is it impossible to find other adequate sites in the Count).' for the proposed
use in districts already permitting such use.
Evaluation not applicable.
MAY 1 2 19981
_1
16.
~.mm,,~ Findln_~s: There are many sites which are zoned to accommodate thc
proposed residential development. This is not the determining 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.
The physical characteristics of the property and the degree of site alteration which
would be required to make the property, usable for any of the range of potential uses
under the proposed zoning classification.
Evaluation not applicable. '
Summary Flndine_s: 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 as defined and implemented through the Collier Count)'
Adequate Public Facilities Ordinance, as amended.
Evaluation not applicable.
Summary Findings: Staff reviews for adequacy of public services and levels of s~vice
determined that required infrastructure meets with GMP established relationships,-
R~:ZONE FI'ND~;GS R-97-20 RVB tb
6
MAY I 2 199~I
COLLIER COUNTY
APPLICATION FOR PUD REZONE
'% 0
COORDINATING PLANNER: ~z/..~ [~ DATE RECEFVED
A~lic~ N~me (Agem): Willi~m L. H~ver. AICP. of Hoover Plannin~
Address: ~051 C~s~ello ~. ~ 220. Na~les. ~ 34103 Phone: 403-8899. Fax: 403-9009
and Beau Keme. P.E.. ~fKeene En~eefing. -.. -- ~ ~... ,. .r.
A~s: 240 AxH~ion Drive, N~Ples, ~ ~4104 . Phone: 403-8899 Fax: ~03-012~
Property Chvner (Petitioner) Name and Address: ]qora Hames Patmore. 202 - 60th
Avenue. St, Pete Beach. Florida 33706. Phone: 847.869-2257
Dezailed Legal Description of' Subject PropeR':
Section 94 Township 485 Range 26E
The North hal f of ~h~ Southeast quarter of the Southeast ouaner of Section 34.
Townshio 48 South. Ransze 26 East, SUBJECT Io exi~;:in~ restrictions and reservations of
record: and SUBJECT to an easement for public rgad ri_~ht-of-wav over and acro~;s lhe
East 30 fee~ ~h~r~of
Propem.' ldennfication ~-' 00~04280008
Size of Properb': 669 Feet x J2~2 Feet = 18.76± Acres
General Location of Subject PropeR': .O~ ~he wes~ side 9f C R. 951, approximately ?00
f'~e! north of Ibc inter~ecdon between C.R. 951 and Vanderbjh Beach Road.
Adjacent Zoning and Land Use:
ZONING
N - Agricultural
S - A~cultur~l ~ ~QW
E - ROW & A~culmral
W - .A. gricultural
LAND USE
UTS Switching Statior~"Vacant x~Sth
Abandoned Greenhouse & Plant Nurser,,'.
V_acant with ~;everifl Mgbile Homes &
Vanderbilt Beach Road.
C.R. 951 RQW, Canal & Vacant Wooded
Vac~n~ and Wooded.
Existing Zoning: ~Rricul~ural.
Proposed Land Use or Range of Uses: PUD with Permitted Uses of I to 2-Story coach
homes, attached villa,s./pauo homes, ~owr~houses, condominiums, an9 single-family
homes,
MAY 1 2 1998
Does Property Owner ovm contiguous property to thc subject
compleic legal description of thc entire contiguous property:
No.
property.: If so, give
Has a public hearing for a rezone been held on this prope~' within the pas! 12 months.'?
If yes, please write the rezone application number.
No.
Is this property currently vacant? Yes. If the answer is no please describe the current
land use and all existing structures.
Signature of Petitioner
Date
* If' petitioner is a COrlX)ration other than a public corporations, so indicate and name
officers and major stockholders.
* If petitioner is a land trust, .so indicate and name beneficiaries.
* If petitioner is a partnership, limited pannership or other business enti~', so indicate
and name pnncipals.
* Ir'petitioner is a lea.see, attach copy. of lease, and indicate actual o~ers if' not indicated
on the lease.
° If petitioner is a comract purchaser, attach cop).' of contract, and indicate actual owner's
name and address.
See attached oro~em,' card an..~
MAY I 2 19!98
--" UT m.
RpJ. PO Fm
F'C[~2] OC[TRI ID[88284286888][98888886808][ ]
FOLIO 169264286966] Ot, JNER> PRTHORE, NORA HAHES
STRAP 482&34 924.8963834 262 GATH flUE
ORB/P[ 283]/[ 739!
SALE DATE [ 6][6265 ]
4~flHT [ 91
ACRES [ 18.48] ST PETE BE~ICH FL
TRS->[48112611341
LEGAL-1 34 48 26 N1/2 OF SE't/4 OF
-2
-4
CURRENT-EX-AHT
HHSTD-X $ [ 9 ]
166~.-X $ I 8 ]
CIU-X $ [ 6 ]
UET-X $ [ 6 ]
BLD-X 9 [ 6 ]
UID-X 9 [ 8 ]
RG-X 9 [ 6 ]
~-X ~ [ 6]
SE1/4 LESS R/U 18.49 RC OR
183 P6 736
HiLL-CODE
[ 36]
HILL-RATE
[24.6239]
-1997-
LO(AT ! ON [ Nil
TAX ROLL-
NNNNN'NNN
33786 374GAREA CU
CERT-AG-UAL CERT-97-UAL
[ 99] LND 9[ 36%98] [ 3G%68]
L-USE IHPG[ 6] [ 6]
HXT9[ 36%96] [ 369699]
flSD+RGADJ9[ 3GAG66] [ 369666]
TAXABLE $[ 369696] [ 369666]
CNTY 3[ 1377.32] HSTU 8[ 249.44]
S-SL $[ 2156.25] I,,fl'tB 8[ 267,72]
S-LB 3[ 957.26] ISD 8[ 436.96]
CITY 9[ .991 UADP 8[ 29.77]
(1997 TAXES) TOTAL 9[
-CERTIFIED-
166]
5484.66]
RES4?7
10/3111997 08:56 AM
MAY .1. 2 1998
arrant ,
? ' .!
%"ra7£ 01' FL/)RID,~. C. Of, IIV'Tr 01' ¢OLUr. A
I IIEAF.#! ~.~lCrll~' thaw ~,q t&- ~ Mil e~,,.~d l*,.f,,~, M. eA e~m.. d.l~, #t&e~ m
,~&~
MAY [ 2 1998
NOT~ AUTHORIZATION LETTER/I. ETTER OF UNIFIED CONTROL
RE: ~ Pond PUD. ~ In Sec~x~ 34. TOwn~hi~ 48S, Rlnge 25E.
To 1,'~'cm It K~y Conc:~m:
~ l)e s4lv~4 a~t Celer ~ Coflsu~nts. 3880 E~t~y Avenue. Ne~s.
F~ ~I~: ~ ~ ~. ~1 ~ ~. S~e ~. N~. F~
~. ~ ~ ~ P.~. 240 A~ ~, ~. ~ ~1~ ~ ~
NOel ~ P~uttcxe
STATE OF ~"~0~. ¢ T) A
COUNTY OF I"i~L"~/~,<~ _
not) take mn
SEAl.
c~y of
MAY 1 2 1998
Affidavit
!, No~ l I_ Patmare being duly sworn, depose and/:ay that ] ~ ~e o~er of
pro~ ~ing considgrcd ~, Collier Counb, for rezo~ng to P~. kno~ ~s Golden
Pond ~ez~tlon No PUD-07.20) I h~reby amho~ __~~
~~ tn ~ct um), repre~n~twe in ~). ma~er re~ding this
Count. of
MAY 1 2 1998
.__J
UST O~ PRO~;$S~ON.~L$ wORK~G 0~' PrO REzoNr~C
Beau Keene. P.E., 240 Aviation Drive, Naples, FL 34104
Phone # 403-9399 Fax #403-0123
Marco Espinar. Collier Environmental Consultants. 3880 Est,' Avenue, Naples. FL 34104
Phone # 263-2747 Fax ~ 643-2822
William L. Hoover. AICP, Hoover Planning Shoppc, 5051 Castello Drive, Suite 220, Naples. FL
34103
Phone # 403-8899 Fax # 403-9009
%
Finstad Florida Surv~,s Corp., 4100 Corporate Square. Naples. FI. 34104
Phone - 643-2822 Fax = 643-3593
MAY i 2 1998
COLL:-'-~ CCU,~ITY LA:;D ?'-VELCP.~'.ENT C~DE WHICH
iNCL'J',=,$ THE C~:/..:P. EHE:;$1V£ Z~,NiNG KEGULATiON$ }'OR
THE UN:NCORPORATiD AREA OF COLLIE~ COUNTY, FLOKiDA
~6333~; BY C.~;~:NC, THE ZONING CLASSiFiCATION OF
THE M£REIg DESCRIBED REAL PROPERTY F~OM 'A~
AGR:','J',TU~E TO "PUD" PL~2~NED UNIT DEVELO~ME::T
ENOF,~: AS GOLDEN ~OND FOR A ~,~tXIMUM OF 75 MULTi-
FAMILY DWELLING UNITS, LO~ATED ON THE WEST SIDE OF
C.R. 9-~i, A~PROXiFAT£LY 790 FEET NORTH ~£ THE
~NTERSECTiON BETWEEN C.R. 951 AND VANDERBILT BT. ACH
ROAD, I~: SECT:O:: 34, TO','NSF. IP 48 SO~TH, RANGE 26
EAST, COLLIER C.~b'NTY, FLOP. IDA, CONSiSTiNG OF
18.7( ACRES MORE OR LESS: AND BY PROVIDING AN
EFFECTIVE DATE.
WH£~EAS, Terrance L. Ke~Fie cf Zepple En~:neerlne, inc. ,
. . ::. :. ;:,. n..-.'-.-. ~e.-=:::e: real
~::~e.~:i' ir:are: .t ~e.-:::.-. }4, .':w:.$:.'-~. 4.: S:~-..-., .:a.'.,."e -"( -ia_-:,
i~i' '~- ~- :.'.-',' flirt:a, ~-' :.-.a.-.~e= :::.-. "A" A.::'-=:i:::e ::
?'a:.r.~u .'r.:: i."..:.=m..t'. '-:. azr:r:a.-.:e w'-'..-. :.'.: 2-~.:.r. Fr.-,: FYi.
i:_-~r.r.:, ~.;:.rr..: r..:.:: a.' -2×:.::~: 'A" ar.: ir..-.-r.=zra'.e: -~y
-'- - · - - ::.e *'"'~:l ':r.::.; Aria.- :.:aT '.:.-.=.r .... '~, as
:.._: .7..'. : .:..: ....... ~ '-'=~' '
.~.. ,. '.-i-12:, :ne -ril.er i: 'r.'.y La.-.:
i-';..:~--': --~: .... .'._r.:y a.-er, ce:
25.--.:: :: .-'.::
.-nj_~ :=ir...-..-_ .'..-T, ..... .''.i'.'. u~c.-, f'-i'-r.? *'il.-. '.-...
lo
11
13
2S
24
of C¢Ilie: ~:ufl:7, Fl:g=~a, :~Is , day cf ,
1998.
ATTEST:
Appz:=vec is :: F':.~,.
ants Leqai c ·
22
~4
2s
BOARD CF COUNTY T~.'~v..ISSIONERS
COLLIER COUNTY, F~gRIDA
BY:
-2-
MAY 1 2 1998
Golden Pond PUD
A Planned Unit Development
Prepared for:
Nora Hames Patmore
202 - 60th Avenue
St. Pete Beach, Florida 33706
Prepared by:
Kepple Engineering, Inc.
3806 Exchange Ave.
Naples, FL 34104
Date Filed December
Date Revised .~215L8._1.9~
Date Reviewed by CCPC
Date Approved by BCC
Ordinance Number
MAY 1~ 1998 !11
Table of Contents
Table of Contents
L~ of Exhibits
Statement of Compliance
Section I
Section LI
Section IH
Section IV
ProperS' Ownership and Description
Project Development Requirements
Residential Areas Plan
Development Commitments
Page
II1
2-3
4-5
6-7
8-9
MAY 1 2 1998
Exhibit "A"
Exhibit "B"
List of Exhibits
PUD Master Plan
PUD Water Management Plan
II
SECTION I
PROPERTY OWNERSItIP AND DESCRIPTION
1.1
The ~ of this Section is to set forth the location and ownership of the
ptope~, and to describe the existing conditions of the property proposed to be
developed under the project name of Golden Pond PUD.
12
1,3
1.4
I.EGAL DESCRIPTION
The subject property being 18.76 -~/- acres, is located in Section 34, Township 48
South, Range 26 East, and is fully described as:
The North half of the Southeast quarter of the Southeast quarter of
Section 34, Township 48 South, Range 26 East, Subject to existing
re~rictions and reservations of record; and Subjec~ to an easement
for public road right-of-way over and across the East 30 feet thereof.
PROPERTY OWNEI:L~;FI lP
The subject property is ov, r~ed by: Nora Patmore
202 60th Ave. St. Pete Beach, FL 33706
GENERAL D£gCRITTION OF PROI~ERTY ~,REA
Ae
The subject property is located on the west side of C.R. 951, approximately
700 feet north of Vanderbilt Beach Road (umncorporated Collier Count'},
Florida.
B. The entire project site currently has Agricultural Zoning and is proposed to be
rezoned to PUD.
PI~YSICAL DESCRIPTION
The project site is located within the Harvey Canal Drainage Basin according to
the Collier County Drainage Atlas. The proposed outfall for the project is the
C.R. 9:51 roadsi~ diu:h located at the east property line of the project. The peak
discharge rate from the design storm will be limited to 0.15 cubic feet per
second/acre per Collier Count, Ordinance No. 90-10.
Natural ground elevation is approximately 12.8 NGVD at the weslem
property to 14.3 NGVD at the C.R. 951 right-of-way line constittning
1998
1.6
1.'/
property line. The average site elevation is 13.4 NGVD. The entire site is located
within FEMA Flood Zone "X" with no base flood elevation specified.
The water management system for the project proposed the construction of a
perimeter berm with crest elevation vt at or above the 25-year, 3-day peak flood
stage. Water quality prctreatment is proposed in the on-site lake system prior to
discharge to the wetland preserve areas.
The water management system will be permitted by South Florida Water
Management District (SFWIVtD) through the Environmental Resource Permit
process. All rules and regulations of SFWlv~ will be imposed upon this projem
includin8 but not limited to: storm attenuation with a peak discharge rate of O. 15
els/acre; minimum roadway centerline, perim~er berm and finished floor
elevations; water quality pre-treatment; and wetland hy~ology maintenance.
Per Collier County Soil Legend, dated Januar,.' 1990, the soil ~'pe found within
the limits of'the property, is ,2 - Holopaw Fine Sand.
The site vegetation consists primarily of Slash Pine, Cabbage Palm and O'press
trees with upland areas of Slash Pine and Saw Palmetto.
PROJECT DE$CRIPTIO.N
The Golden Pond 'PUD is a project composed of a maximum of 75 residential
units. These residential umts are projected to be developed as: villas, coach
homes, carriage homes, or single-f'amily homes. Recreational facilities will be
provided in conjunction with the dwelling units. Residential land uses,
recreational uses, and signage are designed to be harmomous with one another in
a natural setting by using common architecture, qualie,.' screemng'buffering and
native vegetation, whenever feasible.
This Ordinance shall be know and cited as the "Golden Pond Planned Unit
Development Ordinance".
- ~' · /
MAY 1 g 1998
.__,,. _J
SECTION 11
2.1
PROJECT DEVELOPMENT REQUIREMENTS
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 proje~ as well as other project
relationships.
A. Regulations for development of the Golden Pond PUD shall be in accordance
with the contents of this document, PUD. Planned Unit Development District
and other applicable sections and pans of the Collier Coun .ty 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
^u~horization. Where these regulations fail to provide development standards,
then the provisions of the most similar district in the Land Development Code
shall apply.
B. 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 Golden Pond PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
D, All applicable regulations, unless specifically ~ived 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 Division 3.15 Adequate Public
Facilities of the Collier Counw 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.
DESCRIPTION OF PROJECT
DENSITY OR L-NTENSITY OF LAND
4
MAY 1 2 1998
2.4
2.5
2.6
A maximum of 75 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 18.76 -,-/- acres. The gross density, shall be a
maximum of 3.998 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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 thc development of all platted
tracts, or parcels of land as provided in said Division 3.3 prior to the issuance ora
building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedication to Collier Counv,.' and the methodology,
for providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
A, In conjunction v, qth 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 Counv..' 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 Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIA !,
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.$..5.1.3 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.
B. All other provisions of Division 3.5 Excavation of the Land
Code shall apply.
MAY 1 2 1998
3,1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
MAXLMUM DWELLING L.~NITS
The maximum number of residential dwelling units within the PUD shall be 75
PERMITTED USES
No building, structure or pan thereof, shall be erected, altered or used, or land
used, in whole or pa~t, for other than the follov,~ng:
A. Permitted Princinal Uses nad Structures:
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 can'iage homes).
B. Permitted Accessory Use~ and Structurq~
!. Customary accessory uses and structm'es 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 basket-
ball/shuffie board courts.
3. Manager's residences and offices, temporary, sales trailers, and model units.
4. Gatthouse.
5. Essential services, including interim and permanent utility and mai
facilities.
6
MAY ! 2 1998
3.4
Water m~nagement facilities, including those within any Native Habitat Pre-
serve Areas.
Recreational facilities, such as boardwalks, walking paths and picnic areas
within any Natur~l Habitat Preserve Areas, after the appropriate environ-
mental review.
$. Supplemental landscape planting within Natural Habitat Preserve Areas,
after the appropriate environmental review.
9. Any other accessory use deemed comp~able by the Development Services
Director.
10. Carix)rts are permitted within parking areas.
11. Garages are permitted at the edge of vehicular pavement
DEVELOPM£NT STANDARDS
A, Table I sets forth the development standards for land uses within the Golden
Pond PUD. Front Yard setbacks in Table I shall be measured as
i. If the parcel is served by a public or pnvate 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 cuz'o or edge of pavement. If the parcel is served by a platted
private drive, the setback is measured from the road easement or propen3' line.
B. Off Street Parldne_ and Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the time
of building permit application.
7
MAY 1 2 1998
qO
TABLE 1
RESIDENTIAL DEVELOPMENT STANDARDS
FAMILY TWO FAMILY MULTI FAMILY
M/nimum Lot ~
Minimum Lot Width
From Yard Setback
Side Yard Setback
7,000 Sq. Ft. 5,000 Sq. Ft. 4,000 Sq. Ft.
60' Imerior Lots (I) 90' Interior Lot 100'
70' Comer Lots 110' Comer Lots
(~Y) (2)
25' 20' NA
0' & 10' or both 5' 0' & 10' or both NA
5'
Rear Yard Setback:
Principal Smgture 20'
^gessory Struct~e I 0'
PUD Boundary Se -
back:
Principal Structure NA
Accessory Structure NA
Lake Setback 20'
Natural Habitat Preserve
Area Setback 25'
Distance Between NA
Principal Structures:
Distance Betwe~
Accessory Structure:
Maximum Height;
Principal Building
Accessory Building
Minimum Floor Area
Minimum c~rlx)rt or
garage per unit
20' NA
10' NA
NA 20'
NA I0'
20' 20'
25'
NA
25'
One half the sum
of' the heights.
10' I0' 10'
35'& 2 stories
20'/Clubhouse 35'
1200 Sq. Ft.
2c ar garage
35' & 2 stories
20'/Clubhouse 35'
1100 Sq. Ft.
I car garage
46' & 3 stories
207Clubhouse 35'
I BR = 650 sq.fl.
2 BR = 900 sq fl
3 BR - 1050 sq fl
1 carport space or
1 car garage
(1)
(2)
May be r~duced on cul-de-sac lots.
Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2
family sm.,ca~e is on a~ individually platted lot.
MAY 1 2 1998
C,
Ooen Snace~tnral i~labitnt Preserve Area Reeuirementx
1. A minimum of sixty (60) percent open space, as described in Sect/on
2.6.32 of thc LaM Development Code, shall be provided on-site.
2. A minimum of twenty five (25) percent of the viable natmally
functioning native vegetation on-site (natural habitat preserve area), including
both the understory and the ground cover emphasizing the largest comiguous area
possible, shall be retained on-site, as described in Section 3.9.:5.5.3 of the Land
Development Code.
land~enptno_ and Buffering Requirements:
I. If landscape buffers are determined to be necessary adjacent to wetland
preserve areas, they. shall be separate from those preserve areas.
2. Where two separate two family or mt~lti family projects within the PUD abut
each other, buffering and screening bens'een 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 (I0) foot
butter shall be provided bet~'een 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 ~Sthin Section
2.4.4 Plant Material Standards and Installation Standards, of the Land
Development Code.
Architectural Standnrd~
1. All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said unified
axchitectural theme shall include: a similar architectural design and use of similar
materials and colors throughout all of the buildings, signs, and fences/walls to be
erected on all of the subjecl parcels. Landscaping and meet.scape materials shall
also be similar in design throughout the subject site. Ail buildings shall be
primarily finished in light subdued colors with stucco except for decorative trim.
Within any multi family project all roofs, except for caxports, 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 architectttrally
designed s.hingles (such as Timberline).
limited to a height of thirty (30) feet.
All pole lighting internal to the project, shall be architecturally designed,
9
Signs shall be permitted as described within Division 2.5 of the Collier County.
~ l~.vclopm~t Code.
10
MAY 1 2 1998
4.1
4.2
4..1
4.4
SECTION IV
DEVELOPMENT COMMITbfENTS
The purpose of tiffs Section is to set forth the commitments for the dcvclopmen!
of this project.
All facilities shall be constructed in strict accordance with Final Site
Developm~t Plans, Final Subdivision Plans and a11 applicable State and local
laws, codes, and regulations applicable to this PUD, in etTect at the time of Final
Plat. Final Si~ Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official Count' Land Development Code 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 res~nsible 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 ma)' 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.
PUD ,MAURER PLAN
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 Pla~
approval. Subject to the provisions of Section 2.7.3.5 of the collier Count), Land
Development Code, amendments may be bade from time to time.
B. All necessary easements, dedications, or mher instruments shall be granted to
insure ~he continued operation and maintenance of all service utilities and all
common areas in the project.
,~q:IT.I~U'I.£ OF DEVELOPMENT/MONITORING REPORT
A, A Site Development Plan shall be submitted per Coumy regulations in effect
at time of site plan submittal. The project is projected to be comi:leted in one (1)
or two (2) phases.
11
.MAY 1 2 lg98 I
_/
4.5
4.6
B, The landowners shall proceed and be governed according to the time limits
pursuant to Section 2.7.3.4 of the Land Development Code.
C. Monitoring Report: An annual monitoring report shall be submitted pursuant
to Section 2.7.3.6 of the Collier County Land Development Code.
ENGLN~£RLNG
A, This project shall be required to meet all County Ordinances in effect at the
time final construction documents are submitted for development approval.
IL Design and construction of all improvements shall be subject to compliance
with appropriate provisions of the Collier County Land Development Code,
Division 3.2 Subdivision..
WATER .~JLNAGEM£NT
A. A copy of the South Florida Water Management District (SFW'k4~) Surface
Water Permit Application shall be sent to Collier Count), Development Services
with the SDP submittal.
B. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Permit will be required for the proposed lake(s) in accordance
with Division 3.5 of the Collier County Land D~'elopment Code and SFWMD
rules,
4.7
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 statable sul~stantial barrier is erected.
A. Central water distribution shall be constructed throughout the project
development by the developer pursuant to all current requirements of Collier
County and the State of Florida. Water facilities constructed within platted
rights-of, way or within utility easements required by the County shall be
dedicated to the County for ownership, operation and maintenance purposes. All
water facilities constructed on private property, and not required by the County to
be located within County Utility Easements shall be owned, Ol:erated and
maintained by the developer, his assigns or successors. Upon completion of
const~'uction of the water facilities within the project the facilities shall be tested
and inspected to insure the), meet Collier County State and Federal requirements
at which time they shall be conveyed to the Collier County Water/Sewe: D_istrict,
12 MAY 1 g 1998
4.8
when required by the Public works Divisions, Water Department, prior to being
pled in service.
B. Ail construction plans and technical specifications and proposed plats, if
applicable, for the proposed water distribution system shall be reviewed and
approved by Engineering Review Services, Community Development, prior to
commencement of construction.
C, Tie in to the County Regional Water system shall be made to the 24" water
main on the West side of C.R. 951. Main sizing on site shall be d~ermined a~nd
dictated by the Collier County LDC section 3.2.8.4.8 Fir Hydrants. Potable water
for fire flows shall be in sufficient quantity for the purpose of fire fighting at the
furthest point from the proposed tie in.
D, Stubs for future system interconnects with adjacent properties shall be
provided to the west, south and north property lines of the project, at locations to
mutually agreed to by the Public Works Division and the developer during the
design phase of the project.
A, Sewage collection system shall be constructed throughou~ the project by the
developer pursuant to all current requirements of Collier County and the State of
Florida. Sewer facilities constructed within platted rights-of-wa'y or within utility.
easements required by the Count)' shall be conveyed to the Count)' for ownership,
operation and maintenance purposed pursuant to appropriate Count). Ordinances
and regulations in effect at the time of conveyance. Sewer facilities constructed
on private properS, and not required by the Count)' to be located within utility
easements shall be owned, operated and maintained by the Developer, his assigns
or successors. Upon completion of construction of'th[ sewer facilities w~thin the
project, the facilities shall be tested and inspected to insure thcs' mett Collier
County's utility construction requirements in effect at the time construction plans
~e approved. The above tasks must be completed to the satisfaction of the
Development Services, Engineenng Review Section, prior to placing any utilit).
facilities, Count)' owned or privately owned, into service. Upon completion of
the sewer facilities and prior to issuance of Certificates of Occupancy for
structures within the project the utility facilities shall be convex'ed to the Count~,,
when required by Public Works, pursuant to Count~,. Ordinances and Regulatior~s
in effect at the time conveyance is requested. '
B. All construction and technical specifications and proposed plats, if applicable,
for the proposed sewage collection system shall be reviewed and approved by
Development Services, Eng~neenng Review Seclion prior to commencement of
construction.
13
1998
4.9 XRAEtlC
A. The applicant shall bc responsible for the installation of arterial level street
lighting at the project entrance onto C,R. 951, prior to the issuance of any
Certificate of Occupancy.
B. Substantial competent evidence shall be provided by the developer to the
effect tl~ 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.
C. Road improvements required for this project, both site specific and sy~em
capacity, shall bc in place prior to the issuance of any Certificates of Occupancy
for the Development.
D. 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 al'proved by the Board of County Commissioners.
E, Due to the proximity of this project to both Vanderbilt Brach Road and the
Vanderbilt Pines PUD, both northbound and southbound left and fight turn lanes
will be required. These improvements are considered site-related and shall not be
eligible for any impact fee credits. In addition, these improvements shall be in
place prior to the issuance of any Certificates of Occupancy for the project.
F. The applicant has included a section of development commitments related to
traffic impacts. This office takes no exception to the section as presented, subject
to the preceding comment.
G. The applicant should be cautioned to review the project with respect to
setbacks from C.R. 951 with OCPM to determine if the County will require any
reser,'ation of right-of, way for the future four-laning of C.R. 9:51. Any such
reser,'ation may be eligible to road impact fee credits subject to approval by the
Board of County Commissioners.
lt, The County reserves the right to restrict and/or medi~ the location and use of
futttre median openings in accordance with Resolution 92-422, the Collier County
Access Management Policy, as it may be amended from time to time, and in
consideration of safety or openttional concerns. Nothing in any devel~ent
permit issued by the County shall operate to vest any fight to a median opening in
this project, nor shall the County be liable for any claim of damages due to the
presence or absence of any median opening at any point along any road frontage
ofthis project.
14
MAY i 2 1998
L Compensating nght-ot'.way for turn lanes and median areas shall be dedicated
by the applicant to rtimburse the County fror the u.~ ¢.',fr existing nght..ot'-way.
Such dedication shall be considered site related and there shall be no road impact
tee credit to the applicant.
J. 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 off County. Commissioners. Road impact frees
shall be computed in accordance with the applicable category, as set fronh in the
referenced Ordinance.
K. Project entrances shall be designed to preclude the backing up of entering
vehicles onto adjacent public roadways. Ifraccess is to be controlled by means off
a gatehouse or card-controlled gate, the gate or gatehouse shall be designed.
located and operated so as not to permit such vehicular backup. A minimum
throal length for vehicle stacking shall be 75'. Where the expected Peak Hour
traflqc volumes are equal to or greater than 30 vehicles, the minimum throat
length shall be 100'.
L. The applicant shall contribute a fair share toward the cost off traflqc signals at
the project entrance or at the intersection of CR. 951 and Vanderbilt Beach Road
Exlension, it' and when deemed wananted by the Count'. Such trat'lqc signals
shall be owned, operated and maintained by The Count,.'.
4.10
4.11
A. Pursuant to Secuon 2.2.25.8, 1 of the Land Development Code. iff dUnng the
course of site cleanng, excavation or other construction activity a historic or
archaeological anifract is found, ali development w, hin the minimum area
necessary, to protect the discover)' shall be ~mmediately stopped and the Collier
Count)' Code Enforcement Department contacted.
ENVIRON~tENTAI.
A. Environmenuai pertaining shall be in accordance v, ith the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
the Current Planning Environmental Review Staff. Removal off exotic vegetation
shall not be counted towards mitigation fror impacts to Collier County
jurisdictional wetlands.
B. All co,servation areas shall be designated as conservatioru"preservation tracts
or casements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 704.06 or' the Florida Statues.
15
Buffers shall be provided in accordance with Sections 3.2.8.4.7.3 and 3.2.8.3.4 of'
the Collier Courtb' Land Development Code.
In the event the project does not require platting, all conservation areas shall be
recorded as conservation/preser,,ation 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 (I
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 butTers
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.
D. An exotic vegetation removal monitoring and maintenance (exotic-free) plan
for the site, with emphasis on the conservation/preservation areas, shall be
submitted to Current Planning Enviro['tmental Re,,~ew Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
]6
MAY ! ~ 1998
I
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MAY I 2 1991
EXECUTIVE SUMMARY
PETITION NO. PUD-96-12, J. GARY BUTLER, P.E. REPRESENTING ROYCE O. STALLING,
/R., REQUESTING A REZONE FROM "A' RURAL AGRICULTURAL TO "PUD" PLANNED
UNIT DEVELOPMENT FOR A MULTI-FAMILY DEVELOPMENT FOR PROPERTY LOCATED
EAST AND ADJACENT TO SANTA BARBARA BOULEVARD, ONE-HALF MILE NORTH OF
DAVIS BOULEVARD (SR-84) 1N THE SOUTH ½ OF SECTION 4, TOWNSHIP 50 SOUTH, AND
RAN~ 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTI2~G OF APPROXIMATELY 39.82
ACRES.
This petition seeks to have certain property herein described rezoned from its current zoning
classification of"A" Rural Agricultural to "PUD" Planned Unit Development.
CONSIDERATIONS:
The petition provides a Planned Unit Development strategy, for approximately 39.82 acres of land that
would authorize 279 dwelling units.
The PUD Master Plan reveals two Tracts (A & B) for development. Tract A (approximately 35 acres)
will be developed as a residential community with single family and multi-family dwelling units.
Tract B (approximatel,v 5 acres) is also slated for residential development and provides an option to
develop the site with a 10.000 square foot church with 600 seats or a nursing home in lieu of residential
development. That portion of Tract B utilized for a church or nursing home development will be
subtracted from the total site acreage for the purpose of calculating residential density (7 units/acre) for
the remainder of the subject site.
The PU'D Master Plan reveals one point of interconnection with Santa Barbara Boulevard at the
northern portion of the site and a shared access easement is provided along the southern property
boundary with the Shoppes at Santa Barbara PUD. The project provides a series of lakes for water
management, landscape buffers and 60% open space.
The subject property is currently being utilized as a grove with citrus and vegetable production.
Presently there is a farm market on-site active in seasonal sales of flesh produce. To the north the land
is developed in part by a multi-family rental project (Santa Barbara Landings) at six dwelling units per
acre and by Plantation PUD at five dwelling units per acre. That portion of Plantation PUD adjacent
to the subject lite is developed with single family houses, and internal to the PUD is a muM-family
project developed at approximately twelve units per acre. Wildwood Estates PUD is located adjacent
to the east property line and is developed ns a multi-family project at twelve units per acre. To the
south located within the Activity Center are two approved commercial
Barbara PUD and Neapolitan Park PUD). Each of these PUD's are
sites southern property line. Neapolitan Park PUD has a multi-family component with development
potential of sixteen dwelling units per acre adjacent to the subject site. Clearly the subject site is
expected to be part of a residential district by virtue of the surrounding projects and approved densities.
Staffis oftbe opinion thai this project is compatible with the surrounding area.
The Collier County Planning Commission reviewed this petition on April 2, 1998 at their public
hearing ~ recommended approval of the petition 8 to 0. No one spoke in favor ofor in opposition to
this petition.
FISCAL IMPACT:
This amendment by and of itself will have no fiscal impact on the County. However, if this
amendment achieves its objective, the land will be developed. The mere fact that new development
has been approved will res'ult 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.
GRO~,~,'I'H MANAGEMENT IMPACT:
The subject property is located within the Urban (Urban-Mixed Use District, Urban Residential
Subdistrict) on the Future Land Use Map of the Growth Management Plan. This is a policy directive
which essentially acknowledges that residential rezoning of Agriculturally zoned land, given its timing
in relationship to infrastructure availability, would be an appropriate course of action. Also, relevant to
this petit/on, the Urban Residential Sub&strict also permits a variety of non-residential uses, including
community facilities and transitional commercial uses. A consistency analysis with applicable
elements of the GMP is as follows:
FLUE and Density - By virtue of its location in the urban residential designated area and within the
residential density band, a zoning actiott establishing an urban residential development, church or
nursing home as proposed is consistent with the FLUE. The proposed number ofdwelling units is 279
for a density of seven dwelling units for each acre of land. The density eligible by the FLUE density
rating system is four (4) dwelling units per acre within the urban a~a ami three (3) dwelling units per
acre within the residential density band. Therefore the density eligible by the FLUE density rating
system is seven (7) dwelling units per acre, consistent with the petitioner's request.
Traffic Circulation Element - Site generated traffic will not exceed the significance test standard (five
percent ofthe LOS "C" design volume) on Santa Barbara Boulevard. In addition, the project trips will
not lower the level of service below any adopted LOS "D" standard within the project's radius of
development influence (RDI). Therefore, the project is consistent with Policy 5.11~
Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard as a four
connecting with Logan Boulevard. The current traffic count for the segment south of [~dio Road is
11,075 PSDT and is operating at LOS "C". The Peak Season Daily Traffic was based on the
Peak/Annual Ratio shown in the County's Transportation Planning database. It should be noted that
this road segment is not projected to be deficient within the next five years. Therefore, this petition
complies with Policy 1.3 and 1.4 of the TCE.
Conservation ~nd Ooen S_~agl~ - Acreage qualifying as jurisdictional preserves and open space totals 23
acres which constitutes more than sixty (60) percent of the land area inclusive of land that will be
devoted to open space in connection with the proposed multi-family development. Native vegetation
preservation or re-vegetation requirements of the LDC will be achieved by the design for prese~'ation
acres, therefore, the Conservation and Open Space Element of the GM~ is achieved by the PUD
developmem strategy.
Utilities and Mana=emgat - Development of the land will proce~ on the basis of connection to the
County's sewer and water distribution system. Once these utility lines are completed in accordance
with County r, andards, they will be deeded to the Collier County Water-Sewer District as prescribed
by County Ordinances.
Water management facilities will be constructed to meet County Ordinance requirements. 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 with this element of the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore. no
Historical/Archaeological Survey and Assessment is required. 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 Collier County Planning Commission recommends approval of Petition PL,T)-96-12. Bembridge as
provided by the PUD Document and Master Plan that will become an exhibit to the Ordinance of
Adoption.
MAY 1 2 998
PREPARED BY
CURRENT PLANNING MANAGER
DATE
PUD-96- ! 2 EX St~fM~RY,'md
~AY 1 2 1998
ACEND~ ZTEH
MEMORANDUM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
FEBRUARY 25, 1998
PETITION NO: PUD-96-12, BEMBRIDGE PUD
OWNER/AGENT:
Agent:
J. Gary Butler. P.E.
Butler Engineering, Inc.
2223 Trade Center Way
Naples, Florida 3,1109
Royce O. Stalling, Jr.
c/o Butler Engineering, Inc.
2223 Trade Center Way
Naples, Florida 34109
REOUESTED ACTIQ,~;
This petition seeks to have certain property, as herein described rezoncd from its current zoning
classification of"A" Rural Agricultural to "PUD" Planned Unit Development.
GEOGRAPHIC LOCATION:
The property fronts upon the east side of Santa Barbara Boulevard one-half mile north of Davis
Boulevard (SR-84) in the south % of Section 4, Township 50 South, and Range 26 East. Collier
Counry. Florida. (See location map following page)
PURPOSE/DESCRIPTION OF PROJECT_:
The petition provides a Planned Unit Development strategy for approximately 39.82 acres of land that
would authorize 279 dwelling units.
The PUD Master Plan reveals two Tracts (A & B) for development. Tract A (approximately 35/
acres) will be developed as a residential community ~~i-~
with ' · ti-
traits. Tract B (approximately 5 acres) is also slated for
.ion lo develop the site ',h a ,0.000 square foot
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TRACT A
R£SID£N T1AL ,4R£A
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TR.~C r B
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EXHIBIT A - MASTER PLAN
®n~l~n®®d~ng, l~no.
MAY 1 2 1998
of residential developm,..'m. That portion of Tract B utilized for a church or ~g home
development will be subt,-acted from the total site acreage for the purpose of calculating residential
density (7 traits/acre) for the remainder of the subject site.
The PUD Master Plan reveals one point of interconnection with Santa Barbara Boulevard at the
northern portion of the site and a shared access easement is provided along the southern property
boundzt7 with the Shoppes at Santa Barbara PUD. The pwject provides a series of lakes for water
management, landscape buffers and 60°,4 open space.
SURROUNDING LAND USE AND ZONING:
The property is cmTently being utilized as a
grove with citrus and vegetable production.
Presently there is farm market on-site active in
seasonal sales of fresh produce. The property is
zoned "A' Rural Agricultural.
Surrounding: North -
To the north the land is developed in part by a
multi-family rental project (Santa Barbara
Landings) zoned RIVI~-6 and by a mixed use
residential project (Plantation PUD). That
portion of the Plantation PUD adjacent to the
subject site is developed with single-family
houses. That portion of Santa Barbara Landings
adjacent to the subject site is retained as a
conservation easement.
F_ast o
To the east lies Wildwood Estates PUD. The
property, is currently being developed as a multi-
family project. That portion of the project
adjacent to the subject property, line is
undeveloped at this time.
South -
To the south the land is vacant and zoned
"PUD". The Shoppes at Santa Barbara PUD is
approved for a commercial shopping center and
the Neapolitan Park PUD is approved for a
multi-family and adult congregate living facility.
project.
West- To the west lies Santa Barbara Boulevard.
Further west is the Berkshire Lakes PUD
developed as a mixed use residential and golf
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject prop,c'ny is designated Urban (Urban-Mixed Use District. Urban Residential Subdistrict)
on the Future Land Use Map of the Growth Management Plan. This is a policy directive which
essentially acknowledge~ that residential rezoning of Agriculturally zoned land, given its timing in
relationship to infrastmctwe availability, would be an appropriate course of action. Also, relevant to
this petition, the Urban Residential Subdistrict also permits a variety of non-residential uses,
including community facilities and transitional commercial uses. A consistency analysis with
applicable elements of thc GMP is as follows: '
FLUE and Densiv/- By virtue of its location in the urban residential designated area and within the
residential density band, a zoning action establishing an urban residential development, church or
nursing home as proposed is consistent with the FLUE. The proposed number of dwelling units is
279 for a density of seven dwelling units for each acre of land. The density eligible by the FLUE
density rating system is four (4) dwelling units per acre within the urban area and three (3) dwelling
units per acre within the residential density band. Therefore the density eligible by the FLUE density
rating system is seven (7) dwelling units per acre. consistent with the petitioner's request.
Traffic Circulation Element - Site generated traffic will not exceed the significance test standard (five
percent of the LOS "C" design volume) on Santa Barbara Boulevard. In addition, the project trips
will not lower me level of semce below any adopted LOS "D' standard within the project's radius of
development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the
Traffic Circulation Element (TCE). The TCE lists Santa Barbara Boulevard as a four lane arterial
road connecting with Logan Boulevard. The current traffic count for the segment south of Radio
Road is 11,078 PSDT and is operating at LOS "C'. The Peak Season Daily Traffic was based on the
Peek'Annual Ratio shov,'n in the County's Transportation Planning database. It should be noted that
this road segment is not projected to be deficient within the next five years. Therefore, this petition
complies with Policy !.3 and I.,~ of the TCE.
~'~0~ervation and Oven Soace - Acreage qualih..'ing as jurisdictional preserves and open space totals
23 acres which constitutes more than sixty (60) percent of the land area inclusive of land that will be
devoted to open space in connection with the proposed multi-family development. Native vegetation
preservation or re-vegetation requirements of the LDC will be achieved by the design for preser,'ation
acres, therefore, the Conser~'ation and Open Space Element of the GMP is achieved by the PUD
development strategy.
Utilities ~nd Manaeement - Development of the land will proceed on the basis of connection to the
County's sewer and water distribution system. Once these utility lines are completed in accordance
with County standards, they will be deeded to the Collier County Water-Sewer District as prescribed
by County Ordinances.
Water management facilities will be constructed to meet County Ordinance requirements. These will
be reviewed and approved as a function of obtaining subsequent development order approvals. The
HISTO~IC/ARCHAEOLOGI CAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and~ll
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required. Pursuant to S~ction 2.2.25.8.1 of
the Land D~velopment Code, if, during the course of site clearing, excavation or other conslxuction
activity an historic or archaeological artifact is found, all development within the minimum area
necessary to protect the discov~y shall be immediately stopped and the Collier County Code
Enforcement Depa,~.ent contacted. '
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION 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.
The subject site is being used as a farm field and grove and is exempt bom a review by the EAB.
However jurisdictional staff made recommendations for modification of PUD provisions to ensure
compliance with LDC requirements and these are also included in the PUD regulations.
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 it positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of the
approval or denial by the Planning Commission to the Board of County Commissioners. Each of the
potential impacts or considerations identified during the staff review are listed under each of the
criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of
the staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a
determination of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staffrepon.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional staff should typically
include an analysis of the petition's relationship to the community's future land use plan, and whether
or not a re'zoning action would be consistent with the Collier County Growth Management Plan in all
of its related elements. Other evaluation considerations should include an assessment of adequacy of
transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing th~ relaL~ the rc
long range plan for future land uses.
MAY ! 2 1998
Notwithslandmg the above, staff in reviewing the determinants for adequate findings to support a
re'zoning acdon advise as follows:
Relationshin to Future and Existin~ Land Uses - A discussion of th~s relationship, as it applies
q~cifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Usc Element of the Collier County Growth Management
Plan. A~ reported above the Future Land Use Plan acknowledges the entire area as an area where
urban residential development is expected to occur. The PUD development strategy provides two
land use parcels (Tracts A & B) for residential development. Tract A (35 acres) is designed for
residential ~ngle family and multi-family development. Tradt B (5 acres) provides the option to
develop a 10,000 square foot chtm:h with 600 seats or a nursing home in lieu of residential dwelling
units. Tha~ portion of Tract B milized for church or nursing home development will be subtracted
fi'om the total site acreage for residential density calculations. The maximum building heights are
limited to forty (40) feet and the project will provide 60% open space. Regarding the matter of
tinting, it should be appreciated that urban residential development is under development along the
northern and eastern property boundaries. 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. With respect to the mat~er of compatibility, this is an
evaluation whose primary focus is similarity of land use and not density as so often misconstrued. In
the case at hand. and based upon the Future Land Use Plan we have an expectation that the land will
be used for urban residential purposes, and in fact the property is impacted by multi-family and
single-family residential development on the north, multi-family development on the east and by an
approved but as yet undeveloped commercial PUD to the south. Clearly this is expected to be part of
a residential district and any form of housing, church or nursing home is therefore compatible with
development objectives for the area.
Ti'~ffic - The trips generated by this petition will not exceed 5 percent of the LOS "C" design capacity
within the project's RDI. Furthermore, the site generated trips will not create a concurrency problem
because the project trips don't lower the overall road capacity below any adopted LOS "D" standard.
No roadway improvement for Santa Barbara Boulevard will be required to satis~' level of service and
concurrency requirements for furore development.
The proposed development will not create or excessively increase u'af'fic congestion within the
project's RDI and complies with Policies 1.3, 5.1, 5.2 and 7.3 of the TCE. Therefore, no road
improvement or project phasing schedule for this development is required. Based on the above, the
rezoning of this property is consistent with the County's plan for mansportation relationships.
Specific roadway improvements require modifications to accommodate roadway interconnection with
Santa Barbara Boulevard (i.e. mm lanes and compensate right-of-way). These are provided for in the
development commitment section of the PUD.
~ - The Collier County sewer and water system will be extended into the property and
provide these services to each development. System im?rovements are required to comply with
provision of the County's utility ordinance which requires con Prot
upon their acceptance.
MAY I 2 1998
Ail development must comply with surface water management requirements invoked at the time of'
subdividing as the case will be for development of this land.
Any excavation required to vacillate the project's surface water management plan will be required to
obtain an excavation permit and comply with the rules of the SFWMD.
Community Infrastructure and Services - The subject property is readily accessible to a range of
c. ommurfity infi-astructure and services which is enhanced by its location on Santa Barbara Boulevard.
a four-lane County arterial road. Shopping centers and various types of personal services are
available at a short driving distance. St. John Neumann High School, and K-12 school facilities are
located in Golden Gate City approximately 2.5 miles to the north. The property lies within the
Golden Gate Fire District, wherein a fire station is located at the N.E. corner of Golden Gate Parkway
and Coronado Boulevazd. Collier County library and emergency medical services are located within
Golden Gate City.
pUD Document and Master Plan - PUD Document - The Bembridge PUD is obviously intended to be
a residential development with the flexibility of developing a church or nursing home at the S.W.
comer (Tract B). The development standards are most similar to the RMF-6 zoning district regarding
setbacks, distance between structures and building heights. The pLrD contains the recommendations
of the revi~'ing staff.
~ - The PUD Master Plan reveals two Tracts A and B for development. Tract A is
intended to be developed with residential dwelling units and Tract B is intended to be developed with
residential dwelling units or have the flexibility of developing the site with a 10,000 square foot/
church with 600 seats or a nursing home in accordance with Section 2.6.26 of the Collier County'~''
Land Development Code. The Master Plan provides one point of interconnecfion with Santa Barbara
Boulevard at the northern portion of the site. A shared access easement is also provided along the
southern property boundary with the Shoppes at Santa Barbara PUD. This type of design is similar to
many developments in Collier County. and these developments have not posed any particular problem
relative to access and emergency service responses.
~;TAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of
Petition PUD-96-12, Bembridge as provided by the PUD Document and Mas~er Plan that will
become an exhibit to the Ordinance of Adoption.
PREP~ BY:
BRYKH ~
PROIECT ~ER
ACTING CURRENT PLANNING MANAGER
ENT DIRECTOR
.-
~^. CAm'£~O. ~C?.
CO~ D£V. ~ £mrmo~N"rAL svcs.
Pelidon Number PUD-96-12
StaffRepon for March 19, 1998 CCPC meeting.
DATE
DATE
DATE
COLLIER COUNTY PLA.N.~CICOMMISSION:
MICHAEL A. DAVIS, CHAIRMAN
PUD.96-12 STAFF REPORT/md
MAY 1 2 1998
vl~--.-_/$ "'
REZONE FINDINGS
PETITION PUD-96-12
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
reemnmendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the pFoposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with thc Future Land
Use Element of the {3rowth Management Plan for Collier County and all other clements,
their objectives and policies. The urban residential FLUE designation, applicable to the
property, anticipates a zoning action to any residential zoning district inclusive of PUD's
so long as the authorized density is consistent with the density rating system to the FLUE.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
The existing land use pattern:
Pro/Con: Evaluation not applicable.
Existing:
The property is currently being utilized as an active
grove with citrus and vegetable production.
Currently there is a farm market on-site active in
seasonal sales of fresh produce. The property is
zoned "A" Rural Agricultural.
Surrounding:
North-To the north the land is developed in pail by a
multi-family rental project (Sama Barbara
Landings) zoned RMF-6. Also a mixed use
residential project (Plantation PUD) is located to the
north and east. That portion of Plantation PUD
adjacent to the subject site is developed with single
family houses. That portion of Santa Barbara
Landings adjacent to the subject site is relained as a
conservation easement.
To the east ' '
property is~
family .p~'o. jec~. ~^-.m~l[~'oJ .e~~c~r~.o ~'
o
South-To thc south thc land is undeveloped and zoned
"PUD" (Shoppes at S~ta Barbara) md (Ne~)olitm
Park). The Shoppes at Santa Barbara is an approved
commercial shopping center and Neapoli~ Park is
an approved mixed use muld-family and adult
congregate living facility project.
West -
To the wes~ is Santa Barbara Boulevard. Fm'ther
wes~ is the Beri~hire Lakes PUD developed with a
mixed use residential and golf course community.
The possible creation of an isolated district unrelated to adJnceut and uearby
districts;
ProlCon: Evaluation not applicable.
Summary. Findings: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because development of the land simply
implements a part of the GMP FLUE Urban Designation, an action which is expected
given that timing is appropriate. Availability of adequate infrastructure, nearby urban
development support the timing relationship and justify the conversion process of
agricultural to an urban residential zoning district.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the proper~y proposed for change.
ProlCon: Evaluation not applicable.
Summa~' Findings: The district boundaries are logically ch'awn. For all practical
purposes this action :,,.'ill result in expanding the boundaries of similar residential zoning
dismcts. Residential PUD's abut the property on the north and east sides.
Whether cbauged or changing conditions make the passage of the proposed
amendment necessar3'.
Pro/Con: Evaluation not applicable.
Summary. Fh, dings: 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 ofthe GMP) is a positive one.
2
MAY 1 2 1998
e
Whether the proposed change will adverxely influence living conditions in the
neighborhood;
Pro: (i)
The County's land use policy as reflected by the FLUE supports an action
to allow urban residential development. Currently there are confguous
existing or planned residential developments.
Con: (i)
Urban Mixed-Use development may not coincide with resident's desire to
maintain an existing undeveloped environment.
Summary Findings: The proposed change will not adversely influence living
conditions in ~he 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.
Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses. because
of peak volumes or projected ~pes of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Pro: (i)
Development of the subject property is consistent with provisions of the
Traffic Element of the GMP. therefore, traffic intensity should not
adversely affect the comfort and safety of existing users on adjacent public
roads (i.e. Santa Barbara Boulevard).
(ii)
Santa Barbara Boulevard is currently operating at a LOS "C" and is not
projected to be deficient within the next five years.
(iii) Urban intensification is cost effective.
Con: fi)
As urban intensification increases, there is some loss of comfor~ and ease
of travel to the motoring public. However. by law this degree of
discomfort is regulated by concurrency requirements.
Summary Findings: Evaluation of this project took into account the requirement for
consistency, with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
by utilizing a phased development program, 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. Approval of this project will not exc¢~-~cl the
significance test standard {5% of the LOS "C" design volume) on Santa Barbara
Boulevard.
8. Whether the proposed change will create a drainage problem:
e
10.
Pro: (i)
Road improvements precipitated by this development and water
management improvements to accommodate site development are
designed to accommodate the normal drainage requirement.
Con: (i)
Urban intensification potentially can heighten the occasion for area-wide
flooding under the more severe rainfall, event.
Summary lrmdlngt: Every project approved in Collier County involving the utilization
of land for'rome land use activity is ~'rudn.ized and required to mitigate all sub-surface
d.,xinage generated by developmental activities as a condition of approval. This project
is designed to preserve and er~hance a large pact of the site which will take .some of
surface water runoff bom developed areas.
Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary. Findings: Ali projects in Collier Count~' are subject to the development
gandards that are Umque to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
Whether the proposed change will adversely affect property.' values in the adjacent
area;
Pro: (i) Urban intensification typically increases the value of adjacent or
underutilized land.
11.
Con: None.
Summary Findings: This is a subjective determination based upon anticipated results
~hich may be internal or external to the subject property that can affect property, values.
Property. valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value. However, this project is obviously directed at a mixed single family and
multi-family market which should benefit adjacent property..
Pro/Con: Evaluation not applicable.
~,~ether the proposed change will be a deterrent to the improvement or
development of adjacent properS.' in accordance with existing regzlations;
MAY 1 2 1998
Summary. Findings: The basic premise underlying all of the development standards in
thc zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval proems, gives
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to a-
Individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth Management
Plan, a public policy statement supporting zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consisiency with the II.LIE is further determined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the properD' cannot be used in
accordance with existing zoning;
14.
15.
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property is zoned "A" Rural Agricultural. To deny this
petition would depn,~.e the owner of any reasonable use of the property consistent with the
GMP.
Whether the change suggested is out of scale with the needs of the neighborhood or
the Count,.':
Pro/Con: Evaluation not applicable.
Summao' Findings: The proposed development complies with the Gro~nh Management
P1an, a policy statement which has evaluated the scale, densi~' and intensity of land uses
deemed to be acceptable for this site.
Whether is it impossible to find other adequate sites in the Count' for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: This site is zoned "A" Rural Agricultural. Whether or not there are
other similarly zoned residential areas is irrelevant.
MAY.9 1 /~'2' 1998 ~IAPR 1998
16.
17.
The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applic~le.
Summary Findings:, The site will be altered to ~he extent necessary to execme the
development strategy.
The impact of development on the availability of adequate public facnities and
services couslsteut with the levels of service adopted in the CoHieF County Growth
Management Plan and ts defined and Impleme2ted through the Collier Count)'
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summan.' Findings: Staff reviews for adequacy of public services and levels of service
determined that required infi'astmcmre meets with GlVI~ established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element ofthe GIVIP.
REZONE F~'DINGS PUD-96- I Z'md
MAY 1 2 1998
, P,:_ ]~ .___J
FINDINGS FOR PUD
PUD-96-12
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a funding as to the PUD Master Plans' compliance with the following
The suitabllit~' of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro; (i)
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.
(iii)
(iv)
The subject property is served by a network of arterial roads, all of which are
well within the urbanized area providing easy access to a host of community
services and facilities.
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.
Summary Ffndlnn: Jurisdictional re,dews by County staff support the manner and
pattern of development proposed for the subject property. Development conditions
contained in the PUD document give assurance that all infrastructure will be developed
and be consistent with County regulations. Any inadequacies which require
supplementing the PUD document will be recommended to the Board of County
Commissioners as conditions of approval by staff. Recommended mitigation measures
will assure compliance with Level of Service relationships as prescribed by the Growth
Management Plan.
Adequacy of evidence of unified control and suitablll~' of any proposed agreements,
contract, or other instruments, or for amendments In those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and faciliti~ that are not to be provided or
maintained at public expense.
e
Summary F'mdin~: Documents submined with the application provide cvidence of
unified control. The PUD document makes appropriate provisions for cominuing
operation and maintenance of common areee.
Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
Pro: (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the Growth Management Plan.
Con: (i) None.
Summary Ftndiut: The subject l:~ition has been found consisxent with the goals.
objectives and policies of the Growth ~anagement Plan. A more detailed description of
this conformity is add~ssed in the Staff' Report.
Additional Finding: The subject property, is designated Urban Mixed-Use - Urban
Residential on the FLUE to the GMP. 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 been reviewed by the appropriale staff for compliance with the
applicable elements of the Growth Management Plan, and wee found to be consistent
with ell applicable elements.
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 no! applicable.
Summan' Figtdint: The PUD Master Plan has been designed to optimize internal land
use relationships through the use of various forms of open space separation. External
relationships are amomatically regulated by the Land Development Code to assure
harmonious relationships be~veen projects.
The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Finding,:
with the provisions of the Land Development Code.
The amount of open space set aside by this project is consistent
MAY 1 2 1998 I
2
e
The timing or sequence of development for the purpose of assuring the adequacv of 0
available improvements and facilities, both public and private. '
Pro/COn: Evaluation not applicable.
Summary Finding: Timing or sequence of development in light of concurrenc~'
requirements is not a significant problem. See finding No. 1, also applicable for this
finding.
The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Summa~- Fjndlnt: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is supportive of conditions emanating from
urban development. This assessment is described at lenLV, h in the staff report adopted by
the CCPC. Relative to this petition, development of the subject property is timely,
because supporting infrastructure is available.
Se
Conformity with PUD regulations, or as to desirable modifications of such
.r~gulatJons in the particular case, based on determination that such modifications
are Justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/¢(?n; Evaluation not applicable.
$umma~. Finding: This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for particular housing structures
and associated area requirements.
FINDINGS FOR PL~D.96.12.'md
MAY 1 ~ ~B
COLLIER COUNTY
Applicant Name (Agent): I. Gary_ Butler. P.E. Butler En~_'neerin~ Inc.
Address: 2223 Trade Center Way. Naples. FL 3410<) Phone:~Fax:
Property Owner (Petitioner) Name and Address: Royce O, Stailin_~s. Ir,. c/o Butler
En~neerin_~ Inc.. 2223 Trade Center Way. Naules. FL 34109 Phone: 566-3636
Detailed Legal Description of Subject Property
Section 4_. Towns~p ;505 Range ~6E
The Nn,V 1/4 of' the SW I14 of' Section 4. Townsl~o 50S. Range 26E. Collier County.
Florida less the werterlv 60 feet thereof for Santa Barbara Blvd ROW~
Propert)' Identification #: Q~)~3-~)9840,007
Size of ProperS' 1256 Feet x 1396 Fe~t = ,40 ;!5 Acres
General Location of' Subject Property Thc Ea~;l¢rn side of' Santa Barbara Boulevard. !/4
mile North of Da',is Boulevard
Adjacent Zoning and l.md Use'
ZONING
N - RMF-6 & Plantation PUD
S - Shop.~es of' Sn~ta Ba~'b~a PUD &
N~oolitm P~k P~
E - ~ldw~ E~atm P~
W. ~a B~ Blvd. ROW &
B~s~re ~es P~
LAND USE
Multi-Family and Sinele-Familv
Vncam. A_oproved for Comm, & M/F
Vacam-Ap_oroved for Comm.
Qolf Course & Multi-Fatni!v
Existing Zoning: A_zricultura]
Proposed Land Use or Range of Uses: PUD for multi-family units with .uossible church or
adult livin_~ facility_ on up to 5.25 acres of'the site.
MAY I 2 1998_
PO. "~_. _.._..
Does Property Owner own contiguous property to the subject properS. If. so, give
complete legal description ofthe entire comiguous properS.
No.
Has · public heaz'ing t'or · rezone been held on this property within the past 12 momhs? It'
yes, please write the rezone application number.
No.
Is this property ~ly vacant? ~ If' the answer is no please describe the current
structures. Oran_ee ~ove and ~resh oroduce mark~.
xi all ~in8
Date
* If petitioner is a corporation other lhan a public corporations, so indicate and name
officers and major stockholders
* If' petitioner is a land trust, so indicate and name beneficiaries
* If.petitioner is a pannership, limited pannership or other business entitiy, so indicate and
rame principals
* It' petitioner is a ieasee, attach copy of' lease, and indicate actual owners if. not indicated
on the lease
* If' petitioner is a comract Purchaser, attach copy of' contract, and indicate actual owner's
name and address
MAY I g 1998
l,~'yl~ OF AI. rI'ItORIZATION
DATE: Au~u~ 1,
~EM~GE FUD
NW ~A 01: ~V V~, SECTION 4, TOWNSHIP $0 S, RANGE 26 E
To W~om It May Conccm:
~ be v~ed dm B~er E~gi~e~i~g, Inc. hu bee~ ofSc~y er~ged to ~c~ u ag~ ~n the
rezone process for ~ subject project,
Signed in the presence of:
~ foregoin~ in.~mmeni wu acknowledged before me by2~. -"'} ,_/~ ~ /_,
is persona~ ~ to me and did not take an oath. ~'
WITNESS my hand and oflkial seal this "day of
Notarr Public
BUTLER
engineering, inc.
Ma.rch 23, 1998
Collier County Planning Services
2S00 North Horseshoe Drive
Naples, Florida 34104
Subject: Bembridge PUD-
Royce O. Stallings Revocable Trust (rev 12/2/97)
m~. Brian,
This letter serves u con~u-mation that Royce O. Stallings is the grantor, trustee and sole
~ ofthe trust (copy attached) owning the subject property. Mr. Stalling's usets are held
in · revocable trust, which will be distn'buted to others in the event ofkis death. The trust names a
chain ofm~tee~ ~ fi,'ture beneficia-ys, £on8 with specific directions for disbursemmt,
following the grtntor's death.
I trgtt that this letter and attached copy will answer the planning commission's questions.
Sincerely,
.$~ ... oo0~
"OR 9001~ PA~
.' *~QUITCLAIM DEEDTOTRUSTEE
bdMl~lro me6o /do -Mt.b. mmv e/~. ~m M'rw~m.N
· ~O. rrJUMM.'amUMTCX~.MnOYCZO, rr'LumGL T,vmmMm~m~rC~O.
W IT II IlllIT 14,
TiM mid Gsllimr, I~ Mim Mmmmi4mllNmm M 1~4 mum d
m immlmqlmml m ~m m m~/e~mi.~. W mi Nm. d~l~m, m IMmmm' m.
MAY 1 2 1998
HOOVER PLANNING SHOPPE
ll~.m~g~, PUD% Site Phmning, Affordable Hsg., TriOde Im~ct ~t~die~
C.4~t4~Mm~l U~, RO~ T~ & V~~ ~n ~ a ~ ~n~)
Mr. Bryan Milk
Colli~ Com~ Curreat Planning
2S00 bT. Honeshoe.Drive
Naples, FL ~4104
RE: Initial Submktal ofthe Bembridge PUD Application
The subject property is 40.2S acres in size and is located on the Ea~ern side of Ss~ta
Barbara Boulevard, approximately I/4 mile north of Davis Boulevard, Curremly, ~his
acreage is being utilized ts an orange grove and a fresh produce stand under Agricultural
re. zoning. The site is proposed for a rnodera~e density multi-family project of' 7 units/acre
with numerous recreational facilities.- A 5 to 5.25 acre section, (Tram B) loca~ed at the
very south~vest comer of the project, is also proposed for 2 possible alternative uses: a
church facility with up to 10,000 square feet of buildings or a nursing home with tip to 26
beds per acre Ii' the entire site is developed ts a residential project a maximum of :281
residential units would be constrained.
To ensure that the proposed project will be an aesthetic, l~gh quarry development tl~ ~
be an tsset to the Greater Naples Area our PUD Documenl requires strict developmental
standards, which include: 1) A common architectwal theme and use of colors for all
buildings, signage, and streetscape mai~ within the entire PUD. 2) A minimum
seventy foot setback for structures along Santa Barbara Blvd. 3) If any 3 story structures
are constructed on the ske, they would be setback a minimum of 150 feet from Santa
Baeoara Blvd. and 300 feet from the Northern PUD boundary, where it abuts the
Plantagon PUD. 4) Any church crt nursing home would only be constructed in Tract B,
which is adjacem to the Commercial Activity Center and Santa Barbara Blvd. 5) A
~al mitimum tloor area has been provided for each type of unit.
Imponsm in the review of any rezonLng application is a determination of compatibility
regarding the proposed project with sun'oundin8 Lt, xl uses and densities (see attached
map). To the North and Northwest is a nsatralprescrveareaabout 400 feet in depth ttm
is located on the southern part ofthe Santa Barbara Landings. Santa Barbara Landin&s is
for S units/acre and the muld- ~ in tl~ ,ncum~ ~n lz
Page 2
is approved for commercial uses and residential units st $ units/acre. Abutting to the
South md Southwest is the Santa Barbara PUD which is approved t'or commercial uses.
It should be noted that the Neapolitan Park PUD and San~ Barbara PUD tre within the
Activity Center. Santa Barbara Blvd. is adja~..ent to th~ West and further to the West is
the Country, de PUD. The Countryside PUD, in the immedi~e vicinity of the subject
property, is devdoped primarOy with a golf course and lakes adjacem to Sama Barbara
Blvd., and multi-fam2y units further to the West. Ail ofthe properties desto'bed above are
within the Residem~ Density Band around the Activity Cemer ~ Sama Bn~oara Blvd. and
Davis Blvd. Intersection.
In my opinion as a professional land planner the proposed PUD is easily compatible with
surr~ den~ies md land uses. To the Northeas~ the proposed project does abut the
rear of 6 single-fan~y homes within the Plantation PUD. However since that PUD also
hes multi-family un~s developed in tracts at 12 units/acre and we would be ~dding a 2nd
bu/t'er between the projects, our projoct will be compat~le with those homes.
Itthe County s'a/trnembers have any suggestions on improving this project feel welcome
to c, ontact Gary Butler at 566-3636 or me at 59.4-8262.
Sincerely,
HOOVER PLA,N'N'fNG SHOPPE
W'dliam L. Hoover, AICP
Enclosure
F'de #121-A20
MAY 1 2 1998
_~:. o'~ __
2
4
I
%1
2~
DRDIt;ANCE '"'.... .~8-
AN ORDINANCE AMENDIN$ ORDINANCE NUMBER 9~--102 THE
COLLi-7.R COUNTY LAIRD DEVELOPMENT CODE WHICH
iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY ~.~.ZNDING THE OFFICIAL ZONING ATLAS FAP NUMBER
0604S; BY CHANGING THE ZONING CLASSIFICATION OF
THE K--REiN DESCRIBED REAL ~ROPERTY FROM 'A" TO
"PUD" PLAY, NED UNIT DEVELOPMENT KNOWN AS B-iMBRi.%GE
PUD }'OR A RESIDENTIAL D~VELOPMENT, INCLUDING A
e. HURCR FACILITY OR A ~URSING HOME ON TRACT 'B",
FOR PROPERTY LOCATED ON THE FAST SIDE OF SANTA
BARBAPA BOULEVARD, APPROXIMATELY ~ MILE NORTH OF
DAVIS BOULEVARD, FURTHER DESCRIBED AS TNE
NORTE',;ZST q O£ THE SOUTh"WEST 1/4, IN SECTION 4,
TOWNSEiP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
~'.ORIDA, CONSISTING OF 39.82 ACRES; AND BY
PP. OVi:i::S AN £FF~-CT:'rE DATE.
22
:4
WKEREAS, :. Sary Rut!er, P.E. of Butler £n~=neer:n~, :nc.,
21
NOW, TH£R~:RE ~£ iT &RDAi::E: ~y the B:ara :f County
27 Tom-r..:ss~:ner~ :f ~:iller T:un:':', Flor:da:
2e .E.T:... :::.'.:
)s :.-. Cr=:.-.an~e ::~.-.--"er .~:-:~2, :ne C:li:e~ C:un'~y :.ar.c Devel¢~men'.
This 2:::.-.a.-.ce .-nail Zeccme effec'.:ve uDon .~-ii..~ .,'-..
4o
41
42
4,4
MAY 1 2 1998
4
S
.y
2,0
24
21
~0
22
;22
2S
of CollLez County, F~o=~aa, thLs ~ day o~ ,
1998.
~O,~d~,D O~ COU~?¥ CCl~ISSIOt'~S
COLLIER CO01~Y, ~RIDA
ATT£ST:
DfflGHT £. BROCK, C~e~
BY:
B;M~BA~tA B. BEPJ~¥, Ch&iga~an
Approved as to For~
and Leqal Sufficiency
~. Stueenc
County Atto=ney
MAY ! 2 1998
BEMBRIDGE PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
ROYCE O. STALLINGS, JR.
C/O BUTLER ENGINEERING, INC.
2223 TRADE CENTER WAY
NAPLES, FL 34109
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING SHOPPE
2223 TRADE CENTER WAY
NAPLES, FL 34109
and
J. GARY BUTLER, P.E.
BUTLER ENGINEERING, INC.
2223 TRADE CENTER WAY
NAPLES, FL 34109
DATE REUSED
DATE RE'~EWED BY CCPC
DATE APPROVED BY ElCC
ORDINANCE NUMBER
MAY ! 2 3998
TABLE OF CONTENTS
TABLE OF CONTENTS
UST OF EXHIBrrS
STATEMENT OF COMPUANCE
SECTION I
SECTION II
SECTION III
SECTION IV
PROPERTY OWNERSHIP AND DESCRIPTION
DEVELOPMENT REQUIREMENTS
DEVELOPMENT STANDARDS
DEVELOPMENT COMMITMENTS
i
ii
1
2
4-6
7-11
12- 14
UST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT O
EXHIBIT E
EXHIBIT F
PUD MASTER PLAN/WATER MANAGEMENT PLAN
~qCINITY MAP
SERVICES AND SHOPPING FACIUTIES MAP
AERIAL PHOTOGRAPH/FLUCCS MAP
SOILS MAP
TOPOGRAPHIC MAP
MAY 1 2 1998
STATEMENT OF COMPUANCE
The development of approximately 39.82 acres of property in Collier County, as a
Planned Unit Development to be known as Bembridge PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The residential and possible quasi-residential facilities of
the Bembridge PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
1. The subject property is within the Urban Residential Mixed Use District Land Use
Eh~ignation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described in
Objective 2 of the Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with apphcable sections of the
Collier County Land Development Code, as set forth in Objective 3 of the Future
Land Use Element
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 31.H and 3 1.L of the
Future Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described m Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
7
The projected density of 7.0 dwelling units per acre is in compliance with the Future
Land Use Element of the Grov, lh Management Plan based on the following
relationships to required criteria:
Base Density
Residential Density Band
Maximum Permitted Density
+4
+3
+7
dwelling units/acre
dwelling units/acre
dwelling units/acre
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Developmer, t Coder ^<~
MAY 1 2 1998 APR 19
_..,,o.
SECTION I - PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of th~s 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 Bainbridge PUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.82 acres, and located in Section 4, Township 50
South, and Range 26 East, is described as:
The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range
26 East, less the Westerly 60 feet thereof for Santa Barbara Boulevard right-of-
way, of Collier County, Florida, less the Southerly 30 feet of the Westerly 597.24
feet thereof for a proposed future joint access way.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Royce O. Stallings, Jr.
C/O Butler Engineering, Inc.
2223 Trade Center Way
Naples, Florida 34109
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the eastern side of Santa Barbara
Boulevard, 1/4 mile north of Davis Boulevard (unincorporated Collier
County), Florida.
B. The entire project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
MAY ,1. ~ 1998
_.__Pg. ~ ~
1.5
1.6
PHYSICAL, DI~SCRIPTION
The project site is located within the Lely Canal sub-basin. Runoff from the site is
routed to the Davis Boulevard swale via an improved easement along the
eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly
from the Davis Boulevard swale system along County Barn Road, around Royal
Wood to a canal which is tied to the Lely Canal. The current permitted pumped
discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and runoff attenuation to pre-development rates.
Elevations within the project area range from 9.5 to 10.5 NGVD. The site is within
Flood Zone 'X' per FIRM panel 120067 0415.
The Collier County soils maps describe the site as Boca fine sand and Pineda
fine sand. The site is currently in citrus production.
PROJECT DI~SCRIt3TION
The Bainbridge PUD Is a resident;al project wi!l~ a maxImum of 279 dwelling
units Depending on market conditions, a nursing home or a church with up to
10 000 square feet and 600 seats may be constructed on tract B (5 acres). That
area u:lhzed shall be subtracted from the gross proiect area for the purposes of
computing density Recreational fac~hties will be prowCe3 ~n conlunct~on with the
dwelhng un,ts Residential land uses. recreat~ona! uses. and s~gnage are
designed to be very harmonious with one another ,n a natural settIng by using
common arch4ecture, appropriate screening/buffering, and native vegetation,
whenever feasible
17
SHORT TITLE
This Ordinance sha~l be known and cited
Development Orchnance".
as t,'~e
'Beml2r~dge Planned Unit
SECTION II - DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, es well as other project
relationships.
22 GENERAL
Ao
Regulations for development of Bembridge 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 fail to provide development
standards, the provisions of the most similar district in the County Land
Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth ~n the Collier County Land Development Code in effect at
the time of building permit application
Co
All conditions imposed and graphic material presented depicting restrictions
for the development of Bembridge shall become part of the regulations,
which govern the manner in which the PUD site may be developed.
Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this PUD remain in full force and effect.
Development permitted by the approval of this petition, will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Pubhc
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.
MAY 3. ~ 1998
2.3
2.4
25
DESCRIPTION OF PROJECT Pt. AN AND PROI:~$ED LAND USE,~
A. General configuration of the land uses is illustrated graphically by Exhibit 'A",
PUD Master Plan.
Minor modifications to Exhibit *A' may be permitted at the time of S'.,te
Development Plan approval, subject to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by this
PUD Document.
Co
In addition to the various areas and specific items shown in Exhibit 'A",
easements such as (utility, private, semi-public, etc.) shall be established
within or along the tracts as may be necessary.
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USER
A maximum of 279 dwelling units shall be constructed in the residential porlion
of the project area. If a nursing home or church is constructed in Tract B, that
area utilized (up to 5.0 acres in ssze) shall be subtracted I~rom the gross project
area for the purposes of computing density. The gross project area is 39.82
acres The gross project density shall be a maximum of 7.0 units per acre.
~JECT PLAN APPROVAL REOUIREMENT,(:i
A
Exhibit "A', PUD Master Plan, 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.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when apphcable, shall apply to the development of all
platted tracts, or parceis 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 infrastructure
improvements regarding any dedications and the methodology for providing
perpetual maintenance of common facilities.
MAY ! ~ 1998
2.8 MODEL UNITS AND SALES FAClUTIES
2.7
2¸8
A. In conj~on with the promotion of the development, residentiaJ units may
be designated as models. Such model units shall be governed by Section
2.6.33 of the Collier County Land Development Code.
B. Tempormy ~,ale~ trailers/modular offices can be placed on the site after
Prelimlna,-y Site Development Plan approval and prior to the recording of
plats subject to the other requirements of Section 2.6.33 of the Land
Development Code.
PROVISION FOR OFF-SITE REMOVAl,, OF EARTHEN MATI~RIA[
The excavation of earthen materiaJ 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.
AD
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.
B All other provisions of D;vision 3.5 Excavation of the Land
Development Code shall apply.
Upon review and approval of a Commercial Excavation Permit as
described in Division 3.5 of the Land Development Code. commercial
excavation activities are allowed. This off-site removal shall meet any
conditions placed upon approval of the Commercial Excavation
Permit.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2 7.3 5 of the
Land Development Code.
SECTION I!1- DEVELOPMENT STANDARDS
PUt. SE
The purpose of lt~is Section is to identify specific development standards for
Tract~ A and B as shown on Exhibit "A", PUD Masta' Plan.
3.2 MAXIMUM DWELUNG UNITS
The maximum number of residential dwelling units within the PUD shall be 279
units.
3.3
PERMITTED USER
No building, structure or part thereof, shall be erected, aJtered or used, or land
used, in whole or part, for other than the following:
A. p~mitted Principal Uses and Structures:
1. One-family and two.family dwellings (on land under common
ownership).
2. Townhouse dwellings.
3. Garden apartment dwellings.
4. Multi.family dwellings,
5. Group care facilities (group I or II) or nursing homes within Tract
shaJl be subject to Section 2.6.26 of the Land Development Code.
6. Churches within Tract "B' only and limited to a maximum of 10,000
square feet and a maximum of 600 seats.
7. Interim agricultural and related uses, up until the time construction
commences for the residentiaJ uses.
8. Any other uses deemed comparable in nature by the Planning
Services Manager.
MAY 1 ~ 1998
34
B. Permitted Accessory Uses and Structures;
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. RecreatkmaJ uses end facilities including swimming pools, tennis
courts, children's' playground areas, tot lots, boat docks, walking
paths, picnic areas, recreation buildings/clubhouses, and
basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales facilities and
model units/homes.
4. Water management facilities and lakes.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Gatehouse.
7. Parsonage in Tract 'B', and in conjunction with a church only.
8. Any other accessory use deemed comparable in nature by the
Planning Services Manager.
DEVELOPMENT STANDARDS
A. Minimum YetiS:
1. PrincipaJ structures:
(al Yards Along Santa Barbara Boulevard . Seventy (70) feet for
one (1) and two (2) story structures and one hundred fifty (150)
feet for three (3) story structures
(b) Yards Along the Northern PUD Boundaries - Twenty-five (25)
feet for one (1) story structures, forty (40) feet for two (2) story
structures, and three hundred (300) feet for three (3) story
stl'uctures.
(c) Yards Along the Eastern and Southern PUD Boundaries -
Twenty-five (25) feet.
(d)
(e)
Yards Nong the Boundary between Tracts "A* and 'B" - Fifteen
(15) feet for residential units and one (1) foot for each foot of
height for any nursing homes or church facilities developed on
Tract 'B', Not applicable if Tract B is utilized for residential
units.
Yards from on-site lakes - Twenty (20) feet.
Yards for internal tracts resulting from subdivision of the PUD:
Front - 30 feet or V2 the building height
Side . 20 feet
Rea' - 20 feet
2, Accessory Structures:
(a) Ca'ports and garages.
(b) Setbacks shall be as required by Division 2,6.2 of the Land
Development Code in effect at time of building permit
application.
B, D~stanc¢ Between Principal St,ruc!ures:
1 Between one (1) story structures. Ten (10) feet
2. Between one (1) story and two (2) story structures- Fifteen (15) feet.
3. Between one (1) story and three (3) story structures - Twenty (20) feet.
4. Between two (2) story structures - Twenty (20) feet,
5, Between two (2) story and three (3) story structures - Twenty-five (25)
feet.
6. Between three (3) story structures - Thirty (30) feet,
C. Minimum Floor Are{a (residential unit ,s);
One bedroom units - Six hundred (600) square feet.
Two bedroom units - Eight hundred fifty (850) square feet.
Three bedroom units - Eleven
undr~f~.O~ squa
MAY 1 2 1998
4. Four bedroom units - F'dteen hundred (1350) square feet
D. Maximum Helq~;
Forty (40) feet or three (3) stories, whichever is the most restrictive.
Church steeples and a'osses may excccd this height limit.
E. Off-Street Parkina and I,,oadin.q Requirements:
As required by Division 2.3 of the I. and Development Code in effect at the
time of building permit spplication.
F. Open Space Reauiremenf;$;
A minimum of sixty (60) percent open space, as described in Section
2.6.32 of the Land Development Code.
G. LandscaDina and Buffering Requirements:
A Type 'B' buffer (LDC 2.4) shell be provided elong the Northern,
Eastern and Southern PUD Boundaries exclusive of the area abutting the
natural preserve area of the Santa Barbara Landings development where
no buffer shall be required.
A Type 'D" buffer (I. DC 2.4) shall be provided along Santa Barbara
Boulevard.
Internal buffers for tracts resulting from the subdivision of the PUD shall
be in accordance with Division 2.4 of the Collier County Land
Development Code.
H. Architectural Standardl;
All buildings, signage, landscaping and visible architectural infrastructure
shall be architecturally and aesthetically unified. Said unified architecturaJ
theme shall include: a similar architectural design and use of similar
materials and colors throughout all of the buildings, signs, and
fences/walls to be erected on the entire subject parcel. Landscaping and
streetscape msterials shell also be similar in design througtx~ the
subject site. A conceptual design master plan shall be submitted
concurrent with the first application for Site Development Plan approval
demonstrating compliance with the
10
$igrm shall be permitted as a/lowed within DMsion g.5 of the Collier
County I. and Development Code. $ignage shall also meet the
architectural standards further descn"Ded in Section 3.4H. of this PUD
Document.
I!
SECTION IV- DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of ~ds project.
4.2 GENERAL
Ail facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and aJI applicable State and local laws, codes,
and regulation~ applicable to this PUD. Except where specifically noted or
ststed otherwise, the standards and specifications of the official County Land
Development Code shaJI 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.
The developer, his successor or assignee shall agree to 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,
the developer will agree to convey to any successor or assignee in title any
commitments within thIs agreement
4 3 PUD MASTER Pt..AN
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.
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Bo
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.
SCHEDULE OF DEVEI..OPMENT/1VIONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal
MAY ,1. 1998
4.5
4.8
4.7
4.8
A. The landowners shall proceed and be governed according to the time limits
pursuant to Section 2.7.3.4 of the Land Development Code.
B. Monttodrm Reoor~ An annual monitoring report shall be submitted pursuant
to Section 2.7.3.6 of the Collier County Land Development Code.
ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at the
time finsJ construction documents are submitted for development approval.
B. Design and construction of all Improvements shall be subject to compliance
with appropriate provisions of the Collier County Land Development Code,
Division 3.2.
WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) permit
shall be provided prior to the issuance of any excavation permits.
A. Availability letters and construction plan approval from Collier County Utilities
shall be provided prior to Final Subdivision Plat or Site Development Plan
approval.
A. The developer shall install arterial level street lighting at all project access
points prior to the granting of any Certificates of Occupancy for the project.
B. The developer agrees to dedicate an additional forty feet of Right-of-Way
along Santa Barbara Boulevard within 120 days of written request by the
County in fair exchange for transportation impact fee credits at the current
market value excluding any increase in value due to the approval of change
in zoning classification, subject to approval of the Board of County
Commissioners in conjunction with the execution of a Developer Contribution
Agreement.
C. Access, including a median opening in Santa Barbara Boulevard, shall be
consistent with the County's Access Management Policy then in effect at
such time as this zoning is granted. Thi C:euntv reserves ti ~e ht to control
4.9
4.10
access, including median modifications, as may be necessary to preserve
safe operational conditions and to preserve roadway capacity.
De
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. This may be
accomplished by the submission of a routing analysis and routing capacity
study.
The developer shall be responsible for a *fair share" contribution towards the
cost of any traffic signal upgrades necessitated by this project at the
following intersections Services:
Santa Barbara Boulevard / Davis Boulevard
,Santa Barbara Boulevard / Radio Road
In addition, the developer shall provide a 'fair share" contribution for any
traffic signal system found to be warranted in the future at any project
entrance. Any such signal shall be owned, operated and maintained by the
County. It shall be the County's sole determination as to whether any such
signal is warranted,
F
Interconnection with adjacent parcels is not applicable, with the exception of
an existing joint access agreement with the Santa Barbara Shoppes PUD and
the Neapolitan Park PUD.
P,L.ANNING
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 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.
t~NVIRONMENTAL
A. An appropriate portion of native vegetation shall be retained on site as
required in section 3.9.5.5.4 of the Collier County Land Development Code.
B. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan
for the site, with emphasis on areas of retained native vegetation, shall be
I 4t~
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EXHIBIT A - MASTEN PLAN
MAY ! 2 1998
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TO ADOPT THE
ORDINANCE
EXECUTIVE SUMMARY
COMMUNITY AUTOMATED EXTERNAL
DEFIBRILLATOR
OBJEC'~: That the Board approve and adopt the Community Automated External
Defibrillator (AED) Ordinance..
CONSIDERATION: The Community Automated External Defibrillator (AED)
Ordinance will set minimum requirements for training, data collection, and coordination
for members of the public to use automated external defibrillator for a victim of cardiac
arrest or sudden death. The Emergency Medical Services Department as the only
licensed providei' of pre-hospital emergency care and the Collier County EMS Medical
Director will be responsible for the coordination of Community Automated External
Defibrillator (AED) Program which will include locations and identification of
individuals who have completed AED training.
FISCAL IMP. ACT; Program participants and/or sponsoring agency will provide funds
for the nominal cost of training materials.
GRO1NTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board approve and adopt
Automated External Defibrillator (AED) Ordinance.
the Community
PREPARED BY: ~
~Orge'Ag~l Commander
era, Traimng
EMS Department
Diane Flags. ChIef
Emergency Serv,ces Department
Leo Ochs. Jr., Adm~istrator
Support Services .D.',i~is,on
DATE:
DATE:
I ORDINANCE NO. 98-
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3 AN ORDINANCE TO BE KNOWN AS TIlE COMMUNITY
4 AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR
~ COLLIER COUNTY; PROVIDING FOR FINDINGS AND
6 PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING
? FOR REQUIRMENTS AND PROCEDURES; PROVIDING FOR
$ CONFLICT AND SEVERABILITY; PROVIDING FOR AN
9 EFFECTIVE DATE.
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11 WHEREAS, the Boa,"d of County Commissioners of Collier County. Florida,
12 (hereinafter referred to as "the Board") provides Paramedic Advanced Life Support for
13 the citizens and visitors of Collier County, including the City of Naples, Marco Island
14 and Everglades City, through its Department of Emergency Medical Services (hereinafter
15 sometimes referred to as "EMS"); and
16 WHEREAS, the American Heart Association has dcterrnined that nationally, the
17 number of deaths due to sudden cardiac arrest continue to rise; and
! $ WHEREAS. the American Heal1 Association has stated that the key to preventing
19 this expanding number of deaths is to dramatically expand the availability of
20 defibrillation therapy in a timely fashion; and
21 WHEREAS, the American Heart Association reports thai recent breakthroughs in
22 automatic external defibrillator, (hereinafter referred to as "AED"), technology have
23 resulted in the availability of devices that have been proven to be safe and effective in
24 treating sudden cardiac arrest; and
25 WHEREAS, the American Heart Association has determined that these new
26 devices are virtually maintenance frcc, safe and easy to use with minimum training, are
27 small, lightweight, durable and inexpensive; and
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WHEREAS, the American Heart Association has determined that the widespread
availability of AEDs will make sudden cardiac d~th a truly treatable disease, preventing
hundreds of unnecessary deaths; and
WHEREAS, the American Heart Association has determined that it is in the
public interest to make AEDs readily available to the general public, but that the public
be trained to properly use AEDs and to activate the emergency medical services system
immediately upon using an AED; and
WHEREAS, the Florida Legislature has determined that certain procedur~ should
be implemented to ensure proper use of AEDs and has enacted §401.2915, Flor~da
Statutes, outlining these procedures; and
WHEREAS, it is the intent of this Ordinance to set minimum standards for use,
training, data collection and data recovery for the Community Automated External
Defibrillator Program; and
WHEREAS. the Collier County EMS Department, as the licensed provider ofpre-
hospital care. will develop and coordinate this program.
NOW, THEREFORE, BE IT ORDAIn'ED BY THE BOARD OF COU~'TY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
SECTION ONE: Title ar:d CitatiOn
This Ordinance shall be known and may be cited as the "Community Automatic
External Defibrillator Program Ordinance" for Collier County.
SECTION TWO: Findings and lh.u'po, s~
Pursuant to Section 125.01(lXe), Florida Statutes, the Board
of Collier County, Florida finds that it is empowered
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Commissioners
of County
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smbulance and emergency medical services. Pumant to Article VIII ofthe Constitution
of the State of Florida, the Board of County Commissioners of Collie' County, Florida
fu~er finds it has the authority to exercise broad home rules powers and as such finds
that it is in th~ be~ interest ofthe citizens ofCollier Ccranty to enact this Ordinance.
I! is the pm'pose of this Ordinance to cr~e the Corrm~.~ty A~omati¢ External
Defibrilla~' Program which will es~lish ~uidelines for use, training, data collection and
SECTION THREE: ,~
Notwith~nding ~y provisions of' any other county zoning or oth~ ordin~ce to
the ¢ontr'~y, this m~cle shall ~:~ply io, ~d be ~f'orced in, the ir~,.orpor~ed as well as
unincorporated ~ of thc county.
Hospital~, as defined in §395.002(12), r"7orfda Sfamt¢~. ~r~ ex~'np! from the
provisions of thi~ Ordinance.
SECTION FOUR: Rm_uirements and Proceduro
The following shall be the requirements and procedures for use, training, data
collection and data recovery of the AED program:
a) No AED shall be used in the incorporated or unincorporated area of
Collier County without first complying with the requirements and procedures set forth in
this section. It shall be the responsibility of the owner of the AED to ensure thai only
trained individuals operate, or have access to, the AED.
b) The purchase of AED's will be done only after a written request is made to
the Collier County Emergency Medical Services Department by the individual,
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organization or company requesting the purchase of an AED. The written request must
contain the name, location, number of units, number of people to service and ~pe and
manufacturer of the AED.
c) Upon rtceipt of the written request to purchase, the EMS Department will
coordinate a train/rig class for the requesting party, and all intended users of the AED, on
the proper operation of AEDs. Training will consist of one three hour class which will
include:
Il.
HI.
History of Sudden Death
Signs and Symptoms of Cardiac Arrest
American Heart Association one person Cardio-PuLmonary
Resuscitation
Proper Use, Maintenance and Periodic Inspection of
AED
d) Upon successful completion of the required training, the Collier County
EMS Department will issue a Certificate of Completion. The Collier County Medical
Director will then issue a prescription for the purchase of an RED which has been
approved, and authorized for purchase, by the Food and Drug Administration.
e) Users of the RED will follow the policies and procedures developed and
authorized by the Collier County Emergency Medical Services Department Medical
Director. These policies and procedures will be provided to the individual, organization
or company requesting t~e purchase of an RED upon the successful completion of the
training required by this section.
f) Recenification of users and inspection of the RED will be done on an
annual basis by the Collier County Emergency Medical Services Depa~lment.
Recertification of users will consist of one, one and half hour class which will review the
techniques for using the AED and check for compliance with the RED program.
g) The Collier County Emergency Medical Services Department will conduct
quality assurance testing after use of the RED. The quality assurance testing will be on
the proper use, placement and maintenance of the RED. An additional use ofsuch testiqg
--.,
I will be m gathe~ stati~cal information on ~he benefits ~D av~labili~ pm'6d~ to
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3 h) ~y ~n who u$~ ~ ~D is ~ui~ to ~n~t ~e EMS D~~t
4 ~ ~ u ~~ ~le ~ ~ of~e ~D.
5 i) ~ ~tific~ of
6 ~~le f~ ~e ~!I~ md ~v~ of ~ gm~ by ~e ~D. ~e ~ of
7 ~ ~ ~I1 ~ ~~ly ~oM c~t to
9 ~e m~ M wMch ~ta is r~v~ ~11
10 p~cul~ ~ ~K ~e ~e m~ of data coIl~fion diff~ d~ding ~n
11 of~D. ~1 ~ on~ ~ov~ by ~e EMS ~~ ~11 ~ ~o~ at a cm~li~
12 ~b~e to be l~at~ md ~t~ by ~e Colli~ CounW EMS D~~t.
13 SE~ON ~:
14 Violations of~is ~din~ce shall ~ ~fo~ by ~d ~u~ the Colli~ Co~w
15 C~e Enfog~mt ~din~ce, ~di~ce No. 92-80, ~ ~d~, ~d ~t~ 162,
16 ~oHda Statute.
17 SE~ON S~: Conflict ~d
18 ~ ~e ~mt ~s ~in~ce conflic~ ~ ~y o~ ordin~ce of Colli~ Com~
19 or o~ ~lic~le law, ~e mo~ ~s~ive shall ~ly. If ~y p~e or ~ion of ~e
20 ~i~ is held Mv~id or ~constimtional by ~e co~ of ~m~t j~iction, ~ch
21 ~ sh~l ~ d~ a ~te, di~n~ ~d ind~dmt provision ~d ~ch holding
~ s~1 not aff~t ~e v~idiw of~e ~~g ~ion.
/HAy' 12 1998
SECTION SEVEN: Inclusion in the Code of'Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be
renum~ or relettered to accomplish such, and the word "ordinance" may be changed
to 'section", "article". or any other a~ri~e word.
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8 SECTION EIGHT:
9 This Ordinance shall take effect upon receipt ofnotice from the Secretary of State
10 that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Coil/er County, Florida, this ~ day of ,1998.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COIVIMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
BARBARA B. BERRY,
Approved az to form and legal sufficiency:
Melissa A. Vazquez
Assistant County A,omey
'_.,/
EXECUTIVE SUMMARY
APPROVAL OF AN ORDINANCE RELATED TO THE COUNTY'S
RECLAIMED WATER SYSTEM
~ That the Board of County Commissioners, as Ex-officio the Governing
Board ofthe Collier Counl~ Water-Sewer District, spirove an ordinmce tiffed "l'he
coni~ County R~laimed Wa~r $~ Ordnance".
ODNSI~ERATION;
I) As part of a Florida Department of Environmenttl Protectim consent order (OC~
Case No. 97-1459-I I-DW) Collier Cotm~ is required to have ~n ordinance in place
Admini~ Code, Rule 62-610.491 requires that all r~me/reclaimed water
systetn~ establish an ordinance, as do the wastewnt~ trenton, hr facility operating
permits.
2)
Given the County's desire to construct nnd ~ a reclaimed water systetn and to
make reclaimed water usaae the preferred m~xl of effluent disposal, this ordinam, e
is necessary to establish the policies, procedures and conditions regn'ding the use of
the reclaimed water system.
3) This ordinance spells om these policies, procedures and conditions and will enlumce
staff's ability to coordinate and manage the County's reclaimed water ~ys~-m.
4) This ordinance has bee~ reviewed and approved as to form and legal sufficiency by
the County Attorney's office.
FISCAL IMPACT:
ordinance.
There is no fl.,cai impact associ~ with th~ approval ofthis
GROWTH MANAGEMENT IMPACT: None.
~MMENDATION: T]~ I~ Bom'd of Com~ Commissi~ ~ Ex-officio zhe
Collier Coum~ W~.r.$,:w~r Dislrict splxove tl~ ordiunce
Ed Ilschn~, Public Works Admirdsts/ttor '
A~*nda: 05/12/98
flAY, 1 2f998 /:i:,
~'- ~ ,,/~
ORDINANCE NO. 98.
THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE;
PROVIDING TITLE AND CITATION; PROVIDING FIN'DINGS. INTENT A.XrD
DEFINITIONS; PROVIDING FOR AVAILABILITY OF RECLAIM~ED WATER
SERVICE; PROVIDING FOR CON'NECTIONS TO SYSTEM; RECOGNIZING THE
COUNTY'S AUTHORITY TO ESTABLISH RATE. FEES AND CHARGES;
PROVIDING FOR DISCONTINUING SERVICE; PROVIDING FOR SERVICE
INTERRUPTIONS AND SERVICE APPLICATION REQUIREMENq'S; METER
REQUIREMENTS; PROVIDING FOR CROSS-CON.'N'ECTION CONTROL AND
CONSTRUCTION SPECIFICATONS; PROVIDING FOR MAINTENANCE BY
CUSTOMERS AND FOR COUNTY MAINTENANCE; PROHIBITING CHEMICAL
INACTIONS; PROVIDING FOR PUBLIC EASEMENTS AND FOR COUNTY
OWNERSHIP; PROVIDING FOR INSPECTIONS; PROVIDING FOR LIABILITY
AND INDElviNITY; PROVIDING FOR EASEMENT DEDICATIONS AND FOR
PERM]TS; REQUIR.ING THAT EACH CUSTOMER CONSTRUCT ON-SITE
SYSTEM; PROVIDING FOR CONFLICT AND SEVERABK. ITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDINO FOR
AN EFFECTIVE DATE.
WHEREAS. the encouragement and promotion of water conservation and reuse
of reclaimed water are rate objectives pursuant to Section 403.064 of the Florida
Statutes; and
WHEREAS. local governments may and are encouraged to implement programs
for the reuse of reclaimed water and allocate costs in a reasonable manner pursuant to
Section 403.064 of the Florida Statutes; and
9,q'IEREAS. potable water is a valuable resource which should be conserved
particularl), in coastal areas such as Collier County; and
WHEREAS, reclaimed water as defined by Florida AdminJs'a'ative Code, Rule
62-610.460 is a ~atuable wa~er resource which can safel.~ be used for irrigation and other
non-potable purposes thereby subs'.antiall) contributing !o the conservation of potable
water; and
WHEREAS. Collier Count: has decic~l to establish and cons~-uct a r~laimed
system ~h~ch ~11 m~e ~ wat~ available in c~in ~e~ of~e C~ for
imgati~ p~s ~d ~ a~oxed non-~ble ~: ~d
WHEREAS. it is the desire of the Board of County Commissioners to establish
policies, procedures and condmons regarding the use of the reuse ~ater system.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that;
sSYk.~~: TITLE AND CITATION.
This ordinance shall be known as and may be cited as 'q'he Collier County
Reclaimed Water System Ordinance."
FINDINGS.
The Board of County Commissioners hereby makes the following findings:
A. That Florida Administrative Code, Rule 62-610.491(C) requires that ali reuse
water systems establish a Reuse Ordinance to detect and prevent occurrences that may be
B. That the Collier County Water. Sewer District reclaimed water system meets
the criteria ufa Slow Rate Land Application System with public access as del'reed by
Florida Administrative Code, Rule 62-610.450.
C. That the establishment and maintenan~ ufa reclaimed water system
ordirance is a condition of the County's wsstewater operating permits issued by the
Florida Department of EnvitonmenuJ Protection to the Collier County Water. Sewer
D. The provisions of this Ordinance shall be libernlly construed to effectively
carry out its purposes in the interest of'public health, safc~, welfa~ m~! convenience.
s~: LNT£N'T.
It is the intent of the County to make reclaimed water available for irrigation and
other authorized uses in certain areas ofthe County where the Board of County
Commissioners determines that the construction ufa reclaimed water distribution system
is desired or requested by customers and that application is practical and economical.
The reclaimed water dmribution system shall be constructed to provide service to
designated areas as determined by the Wastewater Mx~er Plan and as approved by the
Board of Count)' Commissioners.
s~k(~.L~_~: DEFLNIT1ONS.
For purposes of this Ordinance, the definitions contained in this section shall
appl) unless otherwise specifically stated. Words used in the present tense include the
future tense, words in the plural number include the singular, and words in the singular
include the plural. The word "shall" is always mandatory and not merely discretionary.
Aoproved Back/kin Preven/fr shall mean a mechanical assembly that has been
approved to prevent backflow and back-siphonage to the County's potable water system
ss nosy defined in County Ordinance No. 97-33.
Count' shall mean Collier County. a political subdivision of the State of Florida. and
where the contexl requires or warrants, shall be limited to the Collier County Water.
Se~er Districl,
.Cd~7.RRRt~I1RR shall mean any physical connection or arrangement either directly or
indirectly which would allow the movement of fluids between the County's public water
system and any other piping system such as the County's reuse water system.
Ca.omar shall mean a homeowners associatiov,., condominium association or other
association with legal authority Io m~e binding determinations on behalf of the
Association. its members, its unit owners, or the shareholders of'such association, or an
owner of developed property.
Distribution Mains shall mean those conduits designed to be used, or actua~lly used to
supply reuse water to service lines from transmission mains.
Dtvlslon shall mean the Collier County Public Works Division.
HAY ! 2 1998
Public Worka Admlublrltor (also referred to u Adminis'~rator) shall mean the
individual responsible foe the activities of the County Public Works Division.
~euse shall mean the deliberate application or usage of reclaimed water.
Reclaimed Water Rate shall mean the rate in dollars and cents established by Ordinance
by the Board of County Commissioners.
Reclaimed Water shall mean wastewater that has received the treatment established by
the Florida Administrative Code, Rule 62-610.460, u s~condary ~reatment and high level
disinfection prior to entering the reclaimed water s),~ern.
Trnnsmtsslon Mains shall mean those conduits designed to be used, or actually used to
supply reuse water fi.om a reclamation facility to dis~'ibution mains.
Waslt~vater Director shall mean the individual responsible for the technical and
operational activities of the County Ws.stewater Department.
~ shall mean the individual responsible for the technical and operation
activities of the County Water Department.
~,,.(~Qa.~_¥~: AVAILABILfTY OF SERVICE.
The term "available" means that an operational reclaimed water distribution main
is located within two hundred (200) feet orthe property to be serviced or, in the
ahcmafive, that it is cost effective for the County to extend a reclaimed water distribution
main to within two hunch'ed (200) feet of the subject property. Availability and cost
effecti~,reness shall be determined by the Wastewster Director.
CONNECTION TO SYSTEM.
Om~l: Customers in designated service arm may connect to the reclaimed
water system ~hen service is available s,M upon approval ora properly submitted
application, and compliance with all County requirements and Florida Administrative
Code. Rule 62-610, as amended. Connection to the system is voluntary. V'hen service is
m, ailable, all customers that connect to the reclaimed w'ater system sill be charged the
monthly reclaimed water rate thai h~s been established by Ordinance.
Hose Bibb Connecljg~ns: Above ground hose bibb connections shall not be
present. Any hose bibb (spigot or other hand operated connection) shall comply with
Florida Adminim'ati~ e Code, Rule 62-610.469(2), as amended, and be inspected and
authorized by the Count).* Public Works Division.
AUTHORITY TO ADOPT RATES, FEES AND CHARGES.
The Board of County Commissioners may by Resolution establish rates, fees and
charges for the reclaimed water system and to provide terms and conditions for the
payment and collection of same. Pursuant to the authority of section 403.064, Florida
Statutes. the County shall have the power to allocate the cosu of the reclaimed water
system in a ~ble manner and to recover all or a portion of such costs in the rates
established.
~kC~LQ.~r.J_G~: DISCONTINUING SERVICE BY COUNTY.
The County may discontinue reclaimed water service to any customer due to
violation of any provision of this ordinance, County regulations,non-compli
Florida Administrative Code, Rule 62-610, non-paymem of bills, for
service, for ~on with any other water muree, or for any reason
detrimental to the system or to the environment.
The Coum, y has the right to cease service until the condition is corrected and all costs due
to the Count)' have been paid. These costs may' include pasl due bills and penalties,
connection chxrgeg payment for any damage caused to the system, together with any
charges established on the basis of the expenses incurred in the disconnection and
restoration of scrvice, which shall be non-discriminatory in its application. Should
discontinued service be turned on withom authorization, the Division shall remove the
service and make ~uch additional charges as are emblished by resolution or Ordinance,
or as incurred.
SERVICE INTERRUPTION.
A. The County may temporarily discontinue s~wice to any portion of or the
entire reclaimed water system ts deemed necesm7 by the Administrator or designee, or
a~ required by the Florida Department of Environmental Protection Regulations, as
amended.
B. During dry weather events, the reuse water demand may exceed the County's
Reclaimed Water Facilities capabilities. During these events, all reclaimed water
customers shall receive an equal percentage (%) of the agreed upon allotment. The
Administrator or designee shall determine the actual percentage.
,5~I.Q.~.~: SERVIC£ APPLICATION REQUIREMENTS.
A. No connexion to the County reclaimed water system shall be permitted
without an execmed ~-inen reus~ agreement or application for that service.
B. Approval from the Flori~ Depa~xment of Environmental Protection shall
precede any connection to the reclaimed v,~ter system.
C. The application form shall provide that the customer consents to the entry by
the Count) upon the ptopert)' described in said application, for the purpose of conducting
all inspections permitted or required by the Ordinance, and waiving all rights to receive
further notice from the County of inspections conducted pursuant to this Ordinance, and
indemnifies the Count). its agents and employees from all claims, damages, judgments
and expenses (including attorney lees} incurred by the County as a direct result of the use
or discharge of reclaimed water by the customer in violation of'any of the terms of this
Ordinance or applicable laws, rules on regulations.
D. The Count)' shall inspect each Propert)' prior to connection to the reclaimed
water system. The inspection will include, but not be limited to, the following:
1 ) A review of the information in the completed application for service
form.
2) A review' of all applicable construction specifications.
3) A cross-connection review.
4) Such other matters, as the Administrator deems applicable.
E. No connection shall be permitted until the customer has an approved
back.qow protection device on the potable connection and the device complies with
Count)' Ordinance No. 97-33, as amended or superseded.
F. All appurtenances and connections to the reclaimed water system shall be
impected by the Division prior to the use of reclaimed water.
SECTION ELEVEN: blETER REQUIREMENTS.
Reclaimed water shall be supplied only through metered connections. The
developer shall determine the size and type required for each service and shall sub. mit
verifying data lo the Division. All meters two inches (2") in size and smaller shall be
itmalled by the County. All metes larger than two inches (2") in size shall be installed
by the developer after such installation is approved by the County.
SECTION TWELVE: CROSS-CONNECTION CONTROL.
A. On ali properties where reclaimed water service is provided, the public or
private water supply shall be protected by an approved back. flow protection device as
qx, cified in County Ordinance No. 97-33. No cross-conne~on shall be permitted. All
beckflow protection devices and material installed for cross-correction control shall be
approved by the County Water Director, as amended or superseded.
B. To determine the presence of any potential hazards to th~ potable water
sysaem, the County shall have use right to enter upon the premises ofany customer
receiving reclaimed water.
C. In the event a cross-connection is found on the property being provided
reclaimed water service, the Public Works Division shall have the authority to
immediately and summarily discontinue reclaimed water service to said property withom
any notice. Before resuming service, the customer shall make such corrections as may be
required by the Administrator and have the service re-inspected to ensure cotnpliance
with County Ordinance No. 97-33, as amended or superseded.
SECTION THIRTEEN: CONSTRUCTION SPECIFICATIONS.
All reuse water connections shall meet the following specifications:
A. Prim to connection, all requirements of Florida Administrative Code, Rule
62-610. as then amended, shall be tact.
B. All reclaimed water see.ice assemblies and appurtenances shall be a minimum
of twelve inches (12") above final finished grade (or pad) to a maximum of thirty inches
(30"} as measured fi'om the lowest poim of the assembly and s minimum side distance of
three feet (3') from any wall, fixed aper~e, or landscaping.
C. Reclaimed water assemblies shall not be inr,~led above final finished grade
in any type of vault unless such vault is conmucted to allow at least thirty percent (30%)
of its side walls to be open or ventilated al the grade level. These openings or vents shall
be unobstn~ed and of such size as to permit an)' water to freely pass through the
openings to the outside.
D. Fire hydrants shall not be installed on mains constructed w~thin the Count)'.
E. All pipes shall comply w~th County Utility Standards Ordinance No. 97-17, as
amended or superseded, and shall be the color of Pantone Purple 522C and be marked
with metallic tape that reads "Reclaimed Water".
F. All improvements shall require a construction permit and shall be conuru~ed
by a licensed contractor.
G. Three (3) sets of plans and specifications shall be submitted vAth the permit
application. --
H. Mains shall be a minimum four inches (4") in diameter.
HAY I 2 1998
I. Service lines shall be as required by the property ~'r,'ice~L but shall in no case
be le~ th~ ore inch (I') in diameter. Size~ of se~,'ice line~ required by the applicant are
subject to approval by the Water Director.
J. Mains in ~e public fight-of way shall be located st uniform distance from the
curb with Iocatimu and separation distances per Division construction specifications and
Florida EX-pan, em of Environmental P~c~ection, Rule 62-610, as then amended.
lC If reclaimed water mains are ~o be conveyed to the County, the
customer shall submit such documents as are normally required tot the dedication of
public facilities ss q~ecified in County Ordinance No. 97-17, as amended or supeneded.
SECTION FOURTEEN: MAINTENANCE BY CUSTOMER.
The property owner and/or customer shall be tttpom~le for the ~ ot'
all irription lire~ and q~xn'terar~ on rix, it property beyond point of delivery. The
Count)' may di~xx'n~,~ ~he service to an)' proper~ in the event any part oflbe imga~io~
~tem and q~Rn~enance~ are no~ being maintained as required by Ordinance. In
addison, should the cu~omet require reclaimed water at different pressure~ ~ifferent
quality, or in any way different from that which is normally ~pplied by the Co~.mty,
shall be ~ible for the necessar~ devices for making the~e adjustments and obtaining
approval from the Public Works Division.
SECTION FIFTEEN: COUN'T~' MAINTENANCE.
A. All facilities that have been accepted by the Count)' shall thereby become the
property ot'the Count~ and will be operated and maintained by the County. No penon
shall perform any work, nor be reimbuned for any work on the system, w~thout written
authorization from the Public Works Division prior to the work being commenced.
B. The County shall make every effort to inspect and keep its facilities in good
repair, but assuages no liability for an)' d,unage caused by the system that is beyond the
control of normal maintenance, or due to situations not previously reported to the Public
Works Divmon. The~e situations shall include, but are not limited to, damage due to thc
breakage of p~pes, poor v,~er quality' due to unauthorized or illegal inn'oduction of
foreign material imo the system, or other reasons.
SECTION SIXTEEN: CHEMICAL L~iJECTIONS PROHIBITED.
All ~'~ice connections are prohibited from adding chemicals to the irrigation
system after being connected to the reclaimed water system. Any users wishing to add
chemicals upstream of the point ot'deli~ery to the irrigation r.~'stem shall prior ther~o be
required to install an approved backflo~ protection device on the reclaimed ~ster sera'ice
connection.
SECTION SEVENTEEN: PUBLIC EASEMENT.
No facilities will be installed and accepted by the County for maintenance unless
the facilities are in a dedicated public right-of-way or Count), utilil7 easement. Any new
easement MI be adequately sized to accommodate consm~c',qon and maintenance of
reclaimed water ~em components. No obstruction of any kind shall be planted, built
or otherwise c~eated within the limits of'the easement or right-ot'-way without prior
written authorization for ~,arne from the Public Works Administrator.
SECTION EIGHTEEN: O~,,~ERSHIP BY COL'NTY.
Ali reclaimed water f~cili6es and appurtenances within dedicated County utility
easement, when conducted or accepted by the County, shall thereby become the
property of the County. No person shall, by payment of any charges provided betein or
by causing any construction of facilities accei:~ed by the County, acquire any interest ~
right in an), of fl~-se facilities or in any portion thereof other than the privilege of having
their prolx, rry cormected thereto for reclaimed water service in accordance with this
Ordinance, as amended or superseded.
SECTION NINETEEN: INSPECTIONS.
Ao
Ordinance
to inspect,
~ to
In order to ascertain and insur~ compliance with the p,-ovisions of this
~md all regulations r~lating to reclaimed water, the County shall have the right
secure and disconnect all facilities smd devices wherever located which
or corm. ol any discharge from the reclaimed water distribution syscom.
B. The denial of access to an authorized agent or employee of the County to any
~ receiving reclaimed water for the purpose of conducting ~ry inspection
IX'trained under this ordinance shall constitute a violation of this ordinance and shall be
grounds for the immediate discontinuance of reclaimed water service by the County to
the subject Property.
SECTION TWENTY: LIABILITY AN'D LN'DE~LNITY.
A. The County shall no~ be liable for any damages caused by the ~ of
reclaimed ~'ater pro~,ided the reclaimed water has been treated by the department to the
levels required by' applicable fedtral, r~ate and local law and regulations for irrigation of
lands w~th public access.
B. The Count). shall not be liable for any cl~rnages caused by' a failure to deliver
or suppl) reclaimed
SECTIO'~ TWENTY ONE: EASEMENT DEDICATION'S.
This applicant shall dedicate land or perpetual easements on land for reclaimed water
transmission and distribution facihties as required to provids the reclaimed v,:ater service.
SECTION T~,'ENTY Two: PER.MITS.
The applicant dali obtain and fulfill at its expense all the necessary permits,
licenses, conditions and approvals for the initial construction and Ol:~ration of the on-site
reclaimed v,.at~ irrigation facilities.
SECTION TWENTY THREE: CUSTOMER'S ON-SITE REUSE SYSTEM.
The applicant shall, at its expense, construct all necessary on-site reuse facilities
~uch as pipet, storage facilitie~ and spray ot sprinkJer facilities for the t~tse of reclaimed
water. The applicant shall, at its expense, construct all necesrary transmission mains, re-
pump statiotu and appurtenant improvements for n'ansmitting reclaimed water from the
County transmission system to the applicant's site.
SECTION TWENTY FOUR: CONFLICT AND SEVERIBILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or oth~ appli .ca. ble la.w. the .more restrictive shall apply. If any section, phrase4~,ntcnc, dr4~oa_~r~a
or portmn of this ordinance u for any reason held invalid or unco~i~o~ b~[ an~}.~/.n~_~.~
court of competent jurisdictiort, such portion shall be droned a sepame, distk~-t-
independem provision and such holding shall not affect the validity of
lx~ions or this ordinance. / I~.
SECTION TWENTY FI%'£: INCLUSION IN THE CODE OF LAWS AND
ORDINA.'~CES.
SECTION TWENTY SL~: EFFECTIVK DATE.
T~is Ordinance shall become efl'ec~ive upon receipt of notice that this Ordinance
been filed w~ the Secretly of State and adoption of a Resolution setting forth ~
rates, fees, o~ ch~rge~ fm services.
PASSED AN'D DU1.Y ADOPTED ~ the Board of Cotmty Commissioners of
Collier County. Flori~. this .. ,~,y of ,1998.
ATTEST:
Dwigh! E. Brock. Clerk
BOARD OF CO~ COM]~ISSION'ERS
EX-OFFICIO TI~E GOVERNi~G BOARD
OF THE COLLIER COUNTY WATER.
SEWER DISTRICT
BY:
Deputy Clerk
BY:
Approved as to form and
regal su~cicncy:
ii~ECUTIVE SUMMARY
PETITION AV 98-004 TO VACATE THE 20' WIDE UTILITY AND DRAINAGE
EASEMENT LYING ALONG THE SOUTHWESTERLY 10' OF LOTS 2 THROUGH 7 AND
ALONG THE NORTHEASTERLY l 0' OF LOTS $ l THROUGH 86, ACCORDING TO THE
PLAT OF "PINELAND-ON-THE-TRAIL', AS RECORDED IN PLAT BOOK 3, PAGE 60,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
~{).]]:l~.~[~: To adopt a resolution to vacate the above described easement.
CONSIDERATIONS: Petition AV 98-004 has been received by the Transportation
Deparlment from Robert Duane, A.I.C.P.. of Hole-Momes ami Associates, Inc., as agent for the
petitioner, Adam Fueredi, requesting the vacation of the above described ~ment to
accommodate proposed construction improvements. There are no existing facilities within the
easement to be vacated. Letters of no objection have been received from all pertil.,ent
agencies. The Transportation Department has reviewed the Petition and has no objection.
Zoning is C-3.
FISCAL IMPACT: Collier County has collected a $I,000 "Petition to Vacate" fee from the
petitioner which will be deposited in Road and Bridge Fund (I01-163610). This fee covers
advertising, recording and other processing costs.
GROWTH MANAGEMENT IMP,~.CT: None
RECOMMENDATION: That the Board of County Commissioners:
l)Adopt the Resolution for Petition AX' 98-004 for the vacation of the above described
~ascrnent:
2) Authorize the execution of the Resolution by its Chairman and direct the Clerk to
record a certified copy of the Resolution in the Public Records; and
3) Request the Clerk of Courxs to make appropriate marginal notes on the recorded plat.
PREPARED BY: o:~ c-...:.,,, T ,.,,~ c ......... DATE:
REVIEWEDBY:~"'-'/ ,.' //l' DATE:
ward
T~Lrta et'vices Director
REVIEWED ~DATE:
Ed Ilschner. Public Works Administrator
NAY I 2
I RESOLUTION NO. 98-
2
3 RESOLUTION FOR PETITION AV 9S-004 TO VACATE TI-IE 20' WIDE UTILITY AND
4 DRAINAGE EASEMENT LYING ALONG TEE SOIYl'HWES~Y 10' OF LOTS 2
:5 TEROUGH 7 AND ALONG TH~ NORTHF=ASTERLY 10' OF LOTS 81 THROUGH 86,
6 ACCORDING TO THE PLAT OF "PINELAND-ON-TH~.TRAIL", AS RECORDED IN PLAT
7 BOOK 3, PAGE 60, PUBLIC RECORDS OF COLLfEP, COUNTY, FLORIDA.
9 W1.IEREAS, pursuant to section 177.101, Florida Statutes, Robert Duane, A.I.C.P., of Hole-Montes and
10 Associate~ln¢.,a~ a~ent for the petitioner, Adam Fueredi, doeshereby request the vacation of a 20' wide Utilit)'
i I and Drainage Easement lying along Ihe Southwesterly I0' of Lots 2 through ? and along the Northeasterb. 10' of
12 Lms 81 ttttough 86, according to the pla~ of"Pineland-On. The.Trail"; and
13 WI{EREAS, the Board has this day held a public hearing to conside~ vacating said ~ent aa more fully
14 descn'bed below, and notice of ~aid public hearing to vacate was given aa required by. law; and
15 WHEREAS, the ~raming of the vacation will not adversely affec~ the ownership or right of convenient
16 access of other prope~ ownen.
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
IS OF COLLIER COUNTY, FLORIDA. that the following be and is hereby vacated:
19 See Exhibit "A" attached hereto and incorporated herein
20 BE IT FURTHER RESOLVED. that the Clerk is hereby' directed to record a certified cop)' of this
21 Resolution in the Public Records of Collier Count. Florida, and to make proper notation of this vacation on the
22 recorded plat aa referenced above.
23 This resolution adopted after motion, second and majori .~' vote favoring same.
24 DATED:
25 ATTEST: BOARD OF COL~'TY COMMISSIONERS
26 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
27
28 By:,
29
30
31
32
33
34
Approved aa to form and
legal sufficiency:
Assis-t~m Count), Attorney
BARBARA B. BERRY, Chai,-man
HAY ! 2 1998
uK: 114 PG: 1125
Addrasa:_l~57 Galleon urxve ?alaphona: (941) 262-2139
City/Stats: n.~l..: Florida Zip Coda:
Agent: .
Address: 71~ ?.~eh ~t. ~,,eh ?elephone:_~_&617
City/State: n-~l,a. Flor~a~ 21p Code:~
O~fLclal Racord Book ~ Page(s}
Reason fo= Ra~ast:.~SI&~.~4&~i~
! HerabT Authorize Agent
Petition: Yes ~ No .
Signature,/of Petitioner (Owner)
Does this affect
Above to Represent He for this
/?-?/
~ate
Print Same _ ~a~
(~itle)
Please see "Policy and Procedure of Vacation and Annulment" for
the list of supportive materials ~hich must accompany this
petition, and deliver or mail to:
Transportation Services
Collier County Government Complex
~aples, FL 33962
?elaphona: (941) 774-8494
!f applicant is a land trust, indicate the name of
beneficiaries.
If applicant is a corporation other than a public
corporation, indicate the name of officers and ma~or
stockholders.
(3) If applicant is a partnership, limited Partnership or
o~her business entity, indicate the name of principals.
(4) List all other owners.
(2)
Page 4 of 4
This Instrumem Pr~ared
William SchweikAardt
Anorno.' At La'.
900 Sixth Avenue South. Suite 2203
Naplc~, Florida 33940
~ Tzt ia(~fi,,.,~fxm .~vm~cr v,
2259280 OR: 23?2 I)G: 0642
IlCO~IO in O~IICIAL IICOILDS o! C~LLtll COOl,T,
COIl S?5000.O!
I1¢ Ifil lO.SI
DOC-.TO 472%00
IILLIJJ
WARRANTY DEED
THIS INDEN'I'L'RE made this/-f:~'., day of ~.c;,;,~.J---. .1997. be~'.een SAM ROMANO.
as Trustet' of the Sam Romano Revocable Trust created bt: Declaration of Trust dated December 12. 1992. as lo
an undt~ ideal one.half ( i/~ } interest and A.%'THON~' ROMANO. as lo an undid, tried one-half t '.~. t re:crest. ~ ho~
po~t offge address is: 657~ Mansla Loop. #1701. Naples. of the County of Colher. State o! Flortda 34108.
Grantor. and ADAM FbT. R,EI)I. ~hose post office aidress is: 1857 Galleon Dnse. Naples. of the County of
Collier. Sine of Florida 34102. Gramee.
%%TTNESSETil. that satd Grantor. for and in cons)deration of thc sum of TEN DOLLARS fSI0.00), and
other good and salualple considerztions lO saal Grantor in hand pard b) said Grantee. the recetpt '.hereof ts hereb.x
ackno'*'ledged, has ~ranted. bargained and sold to the said Gramec. and Grantee% heirs, and assigns forexet, thc
tollc,~tng described land. sfluate, lyinl and being In Colli~r Count). Florida.
L~q~, 2 throufh 7 mclustve and Lots 81 through 86 inclusi~,e. PINELA'qD.ON-
THE-TRAIL. according lo the plat thereof as recorded tn Plat Book 3. Page 60.
o! the Pubht Records of Collter Count.~. Florida
SUBJECT TO restrictions, and easements common to thc subdl,,tston and ad
~,alorem taxes for the .~ear 1998,
Gran, tors ~arrant that the 5ub:o;t prope.'q,.~ ts not their homestead nor ad.lacc~ll
and said Grantor does hcreb.', fuU.~ ,~'arrant the ttile to said land. and ,a ill defend the sarn~ against the la~* rul claims
o! all persons ~,homsoever.
MAY ! 2 J9 8
OR: 2372 PG: 06 3 ***
~ ~TI'NESS ~TI~R£OF. Grantor has hereunto set Grantor's hand and seal the da)' and .',car first above
written.
Si8ncd. scaled and delivered
in ~r. presence:
WITNESS NAME: /
(~ to both Grantors)
STATE OF FLORIDA
COL'NTY OF COLLIER
SAM ROMANO. as Trustee of the Sam Romano
Revocable Trust created b.~ Declaration of Trust dated
December 12. 1992. as to an undt~,idcd one.half ~ ~,,':.)
interest
AN~O~Y ROMA~, a~ Io ~ und~ ~d~d one-hall
( ~; i~tcrest
Thc foregoing mstrument ~a~ acknowledged before mc thss ~"~' da} uf _,~ ~., ,',,~ . 199e.
SAM ROMANO. ~ T~s~ of the Sam Romeo Rc~able T~s~ created by Declaranon of T~st daled
Decem~r 12. 1~2. ~ to ~ undivided one-half ~:t interest. ~ho ha~ produced a ~ahd Florida dr~vcrs hccnse a~
~denlfficalmn. ~d ANTHONY ROMANO. as to an und~idcd one-half ¢';~ mtcrcsl. ~ho ha~ produced a ~alld
· l~a driver~ licc:~ as ~dcmifical~on. ~d ~ho d~ not t~c ~ oath.
~SEAL~
FCIC2] OCITR] IDt663WI6462621[669397268981[
FOLIO
STRAP 5625~3 65G.6665M3
ORB/Pi 16GG]/lt699!
SALE DATE [ 6]iliA1]
$ AHT ! 6)
ACRES [ 1.66]
TRS->[59][25][13]
LEGAL-1
-2
-3
-4
[86394646262l OWIER> RICHHRN JR TR, KEIaIETH g
2649 GOLDEN GATE PRI, IY STE 296
NAPLES FL
13 56 25 THAT 1.65 AC PARCEL
LYING U OF TAHIAHI TR, S OF
AUALON DR & IP.'LY OF HIGHLAND
RD DESC IN OR 1666 PG ~892 &93
CURRENT-EX-AHT
HXSTD-X $ [ 6] HILL-CODE
199Z-X 4 I 6] [
ClU-X 4 [ 6]
UET-X 4 i 6] HILL-RATE
BLO-X 4 [ 6] !15,2152]
glD-X 4 [ 6 ] -1997-
AG-X 4 I 6 ]
I,IH-X 4 [ 6]
-1997 TAX ROLL-
34~65 3293 AREA CU
CERT-AG-UAL CERT-97-UAL
[ 16] LND 41 262428] [ 262428]
L-USE ]HP 41 6] I 6]
HIlT 8[ 262426] I 262428]
ASD~AGADJ 41 262428] i 262426]
TAXABLE 41 262428] [ 262428]
CNTY $[ 977.94] FtSTU 4I 291.31]
S-SL 4[ t531.96] 1&48 4[ 147.48]
S-LB 4[ 679.691 ISD 4[ 441.43]
CITY 4[ .69] UADP 4[ 14.64]
(1997 TAXES) TOTAL 41
-CERT]FiED-
TRL E 4299]
LOCATION [Nil TAHIAH]
3992.891
RE54??
12J03t1997 103~ A~
FCIC] OC[Im]
Rp! Po Fm UT
]D[4~166326692]123676246966][
FOLIO
STR9P 693766
ORB/P[ 2968]/[ 457]
SALE DaTE [2&]162~!
~ flHT ! 2456661
ACRES [ .36]
TRS-)[562125][23]
LEGAL-2
-2
-3
-4
[4~496326662] OUNER) KARBA ]NUESTHENT CORP
95a23 3626 OUTER DR
NAPLES
HEIGHLANO U]LLa LOT 9 OR 1998
PG 457
CURRENT-EX-flHT
HHSTD-X $ [ 6 ]
269~'.-X $ [ 6 ]
CIU-X $ [ 6 ]
UET-X G [ 6 ]
BLD-X $ [ 6 ]
UID-X e [ 61
AG-X $ [ 6]
I,'H-X e [ 9]
-2997 TRX ROLL-
FL 34222 6798 AREA CU
CERT-96-UaL CERT-97-UaL
[ 681LNO ,1 26236] , 28322]
L-USE IHPG, 84266][ 87224].,dk
PET ,[ 2844,621 225536
TAXABLES! 164496][ 115536]
HILL-CODE
[ 81]
HILL-RaTE
[15.2152]
-2997-
CNTY G! 436.54] HSTU $[ 88.63]
S-SL Gl 674.64] UI48 Gl 64.93]
S-LB Gl 299.24] ISD $[ 294.34]
CITY Gl .66] URDP $[ 6.28]
LOCATION INa OUTER
(2997 TAXES) TOTAL $1
-CERTIFIED-
DR 4462]
2757.96]
RES4?7
12/03/1997 09:30 AM
HAY I 2 1998
H~
FCI~ ]OClPm J
'* RP~ P9 h;*uT UL
ID[494863GB964 ][ 23976248998 ] [
FOLIO
STRAP 693766 165A13
ORB/P! 247!]/[ 614]
SALE DATE [ 22 ] [ 6989 ]
$ AXT [ 99666]
ACRES [ ,37]
TRS->I56][ 251[ 23 ]
LEGAL-1
-2
-3
-4
14946936666410t, INER> SANDERS, Y GARY=& CASSANDRA
1G55 MULLET CT
NAPLES
HEIGHLRND UILLA LOT 16 OR 1471
P6 814
-1.997 TAX ROLL-
CURRENT-EX-AMT
HHSTD-X $ [ 6 ]
t86~.-X $ [ 6 ]
ClU-X $ [ 6]
UET-X g I 6 ]
BLD-X g i 6 ]
#ID-X g ! 9]
AG-X g I 6 ]
GTI-X g [ 6l
HILL-CODE
[ 811
MILL-RATE
[15.21521
-1997-
FL 34162 1526 AREA Cg
CERT-gG-UAL CERT-97-UAL
[ 61] LND gl 14846] [ 26776]
L-USE IMP S[ G3951] I 66366]
Mi(T 9[ 78791l I 67675]
RSD~RGRDJ SI 78792] [ 87676]
TAXABLE Sl 78791] I 87676]
CNTYS[ 324,49] XSTU S[ 66.86]
S-SLSI 598.99] Gqt8 g[ 48.941
S-LBSI 225.53] lSD gl 246.47]
CITYSI ,96] UADP SI 4,66]
LOCATION INA OUTER
(1997 TAXES) TOTAL
-CERTIFIED-
DR 4416]
2324.89]
RES477
12/0311997 09:30 AM
L ......l_J ...... l ............................ J_..,J ........... IJl ............ 11 ..........................
.............. RP ' PO' i:"
FCIC] OCiTRi ID[4 488498093][e683B?ZS888][
FOLIO
STRfP 693766 115ft3
ORB/P[ 2665]/[2256]
SALE ORTE t29][1194]
e RHT [ 94466]
ACRES [ .32] NAPLES
TRS->[56][25][13]
LEGAL-1 HE]GHLANO UILLR LOT 11 OR
-2 2695 PG 2256
-3
-4
t4WI66468663] OUNER) LEFEURE, dOHN A
4t15 DALE flUE
CURRENT-EX-RHT
HHSTD-X $ ! 8]
166~-X $ f 6]
ClU-X 8 [ 6]
UET-X 8 [ 61
BLO-X 8 [ 6]
glD-X 8 [ 6]
RG-X 8 f 6]
UH-X 8 I 6]
FL
HXLL-CODE
[ 611
HILL-RATE
[15.2152]
-1997-
i 68] LND 81
L-USE ]1~ 81
I"IKT 8[
RSDtRGRDJ 81
TAXABLE 81
CNTY 8[
S-SL 81
S-LB 8[
CITY $[
-1997 TAX ROLL-
LOCATION [N9 DALE
34112 6735 AREA CU
CERT-~G-UFIL CERT-OT-UAL
25462 ]
16143] [
58578] [
76722] [
76721] [
76721] [
321.14] HSTU 8[
562.74] UH8 $[
223.19] ]SD 8[
.66] URDP 9[
(1997 TAXES) TOTAL 8[
-CERTIFIED-
RUE 4115]
(;6774),~
8U.75]
86275]
GG.16]
48.43]
244.95]
t311.16]
RES4??
12/0311997 10:11 AM
Rp]. Po Fn UT
49481266662 ][ 23676246666][
[49461286662] OladER>BELL TR, HRRU]N d=& HELEN
TRUST 2994
2586 CURLEU RUE
FOLIO
STRAP 693769 3GSA23
ORB/P! t99GI/[ 586]
SALE DATE [22)[28941
~ RHT ! 61
ACRES ! .27]
TRS->i56]i25][23]
LEGAL-! HEXGHLflNO UILLA LOT 36 OR 2996
-2 P6 588
-3
-4
NAPLES
-2997 TAX ROLL-
CURRENT-EX-AHT
HHSTD-X e [ 6]
166~-x e [ 91
cIu-x e I 61
UET-X $ [ 9]
BLD-X $ [ 6]
fllD-X e [ 91
RG-X e I 61
~-X e [ 61
MILL-CODE
! 621
HILL-RATE
125.2252]
-2997-
FL 34292 3465 RRER CU
CERT-OG-UAL CERT-97-URL
I 66] LNO el 25288] [ 21263]
L-USE II'IP et 46643l [ 42642]
I~T el 55832] [ G3365]
ASD~AGADJ el 55831] [ 63365]
TAXABLE e[ 55832] [ 63365]
CNTY el 235.96] HSTU el 48.56]
S-SL gl 369.32] k'X8 el 35.58]
S-LB e[ 263.96] ]SD $[ ~6G.49]
CiTY gl .66] UADP $[ 3.39]
LOCATION iNA DALE
(2997 TAXES) TOTAL el
-CERTIFIED-
RUE 4228l
963,26)
RES477
12/03/1997 09:33 AM
HAY I 2 1908
K._/O
II II I 31I
Hdp
octroi
"- RP], Po F-UT
ID[4949t326961 ] [ 23976246669 ] I
FOLIO
STRAP 693766 375A13
ORB/PI t782]/[1613]
SALE DATE [29][1292]
$ AHT [ BI
ACRES I ,361
TRS->[56][251113]
LEGAL-1 HEIGHLAND UILLA LOT 37 OR
-2 1782 PG 1813
-3
-4
[49481326661J OIRER> GRACE COHHUNIT¥ CHURCH OF
~PLES INC
4495 OUTER DR
CURRENT-EX-Am
HHSTD-X $ [ 91
196~-X e [ 6]
CIU-X $ ! 6]
UET-X e [ 6]
BLD-X S [ 6]
UID-X S [ 61
RG-X $ I 6]
UII-X S I 85616]
~PLES
-1997 TAX ROLL-
HiLL-CODE
I 81]
HILL-RATE
115,2152]
-1997-
FL 34112 6767 AREA CU
CERT-AG-UAL CERT-97-UAL
[ 75] LHO $[ ~6874] ! 23623l
L-USE IXP $[ $6663] [ 626,,)
HAT $[ 77537] i 8651410
RSD~RGRDJ $l 77537] I 6&5t4 .
TAXABLE g[ 6] [ 6]
CNTY gl .69] HSTU gl .66]
S-SL SI ,66] 1~8 SI ,96]
S-LB el ,66] ISD SI ,66]
CITY gl .69] URDP SI .66]
(1997 TRXES) TOTAL g[
-CERTIFIED-
DR 4514]
LOCATION INA OUTER
.66]
RES477
12/03/1997 09:33 AM
FC[~ ! eCl TR I
Apl Po Fn UT UL
ID[ G7186226666 ] [ 23676246666 ][
FOLIO
STRAP 226666
ORB/Pi 766 I/[ 574
SALE DATE I 6116678
SAHT ! 61
ACRES I .34
TRS-> i 56 ] [ 25 ! [ 23
LEGAL-!
-2
-3
-4
[$7686229666] OW[R> FRflNCZNI ET AL, DORIS
65A23 C/O PHILLIP KEYES
3936 64TH ST SW
NAPLES
PINELANO ON THE TRAIL ELY
42FT OF LOT 8 ~ ELY 42FT OF
LOT 86 OR 766 PG 574, OR G69
P6 972 UNO INT
CURRENT-EX-AHT
HXSTD-X $ I 6]
2662-X $ ! 6]
CIU-X $ i 6]
UET-X e I 6]
8LD-X $ I 6]
UID-X $ I 61
AG-X g i 6J
UH-X $ [ 6]
HILL-CODE
[ 621
HILL-RRTE
115.2152]
-2997-
LOCRTZON[ NR
-2997 TAX ROLL-
12/03/1997 09 35 ~
FL 34265 7336 AREA CU
CERT-AG-UAL CERT-9?-UAL
I 16] LNO gl 54816] ! 54826l
L-USE lAP $[ 6] ! 6]
XKT 6[ 546~6] I ,54626]
flSD~flGRDJ g[ 54626] [ ,54826]
TAXABLE $[ ,548~6]I 5,1826]
CNTYgl 264.25] HSTUgl 42.65]
S-SLgl 329.76] ~ $1 36.82]
S-LB$i ~42.96] ]SD $1 92.26]
CITY$1 .66] URDP~[ 2.93]
(1997 TAXES) TOTAL gl
-CERTIFIED-
228866]
833.96]
RES477
67686266969 ] 123676246966
FOLIO
STRAP 128966 95A13
ORB/P[ 1791]/[2166]
SALE DATE [27l[6193]
e ANT [ 375699!
ACRES ! .961 ~PLES
TRS->[561[251t13!
LEGAL-1 PINELANO ON THE TRAIL LOTS 9,
[67686266669101{NER> CONTINENTAL FURNISHINGS INC
4496 TAH[AHI TRLE
-2 16,11, & 12
-3
-4
CURRENT-EX-Am
$ ! 9] HILL-CODE
$ [ 6] [ 61]
6 i 9]
6 [ 6] HILL-RATE
6 [ 9] [15.21521
$ ! 61 -1997-
6 [ 61
HNSTD-X
166Y.-X
ClU-X
UET-X
BLD-X
I~ID-X
RG-X
I,IH-X
FL
61
N WI(Wi(Wi(t(
-1997 Tflx ROLL-
34112 6722
CERT-96-UAL
[ 111LN8 6[
L-USE IBP $[
I'~T $[
ASD+AGADJ g[
TAXABLE g[
252966]
65247 ]
317247 ]
317247 ]
317247]
AREA Cg
CERT-97-URL
252666]
644661,~
3164661
3164661
CNTY
S-SL
S-LB
CITV
1179.311HSTU gl
1846.26] l,~ gl
819.651 ISD gl
.661UADP g[
242.76]
177.86]
532.33]
16.931
(1997 TAXES) TOTAL 8[
-CERTIFIED-
LOCATION [NR TRHIAHI TRL E 44661
4815.161
RES477
12/0311997 09:35 AM
Rp]. Po F. UT UL ~
FCIC2 ]OCl Nil ] lO[ &?181646186 ] [ 23676246666 ] [ ]
FOLIO [6768164666&] OidlER> R H & H B CORP
STRAP ].28666 ?&SA13 968 BALD EAGLE DR ~ .x ~( ~ ~ ~( ~ .x
ORB/Pi 1543]/[ 516] -1997 TAX ROLL-
SALE DATE [ 9]167961 ~ ~( t( ~ ~ ~ ~
I nm I 168986l
~CRES I ,~] ~PLES FL ~165 74~1 flRE~ CU
TRS-~[ 56 ] ! 25 ] 113 ] CERT-gG-U~L CERT-97-U~L
LEG~L-~ P][Lg~ ON THE TRAIL LOTS7G [ 12] L~ ~[ 44436] [ ~436]
-2 & 77 OR ~3 PG 51G L-USE ]~ ~i 667~6] I 66~27]
-3 ~T ~[ 111146] [ 116557]
CURRE~-EX-~HT TRX~BLEe[ ~1~149] [ 116557]
H~TD-X ~ [ 6] frILL-CODE
~66~-X ~ [ 6] [ 61] CNTY ~[ 41~,99] ~TU 9[ ~,8~]
C]U-X ~ ! 6] S-SL 9[ ~4,99] ~ 9[
UET-X e I 6] ffILL-R~TE S-LB ~[ 286,~] ]SO e[ ~85,97]
BLD-X e I 6] [15.2~52] CiTY 6[ .96] U~DP ~[ 5,9~]
UID-X e ! 8 ] -~997-
e6-X ~ f el (1997 TflXES) TOTnL SI 1682.14]
~-X e [ 8 ] -CERTIFIED-
LOC9TIO~ fN8 OUTER OR 44851 RES4??
12/0311997 09:36 AM
HAY 1 2 1998
, ~--/~.. ....
Apl Po Fa UT UL *"~ *'
:? FC[~2] OCITR] 10167866649697112397624666911
FOLIO
STRAP :t26666
ORB/PI 1387]/I2~146!
SALE DATE [17][1866J
e RXT I 6l
GCRES [ .75 ]
TRS->156]!25 I! t3!
LEGAL-!
-2
-3
-4
167666646667] OHNER> KEYES TR, PHILIP N
15A13 3639 64TH ST SU
~PLES
PINELANO ON THE TRAIL LOT
OR 1387 PG 2146
CURRENT-EX-Am
HHSTD-X e ! 61
166~-X $ [ 61
CIU-X e [ 61
OET-X e [ 61
BLD-X e I 6l
UID-X e I 6 ]
AG-X ~ [ 9 i
gll-X e I 6]
HILL-CODE
I 81]
HILL-RATE
[~5.2152]
-~997-
LOCATION INit
FL
[ 19] LNO e[
L-USE IXP e[
HXT 8[
ASD~AGAOJ e[
TAXABLE el
CNTY e[
S-SL e[
S-LB el
CITY $[
-1997 TAX ROLL-
34~95 7336AREA CU
CERT-OG-URL CERT-97-URL
1476851 f 1476851
6] [
147685 ] [
147685 ] [
~47695 ] [
556.3511tSTU e[
86~.591 UH6 el
382.59] ISD el
.661URDP el
(1997 TAXES) TOTAL el
-CERTIFIED-
1286661
61
147685 O
147665 I
1476651
113.29]
83.661
248.421
?.961
2247.65]
RES477
12/03/1997 09.43 AM
io
COI,I,I R COUN GOVERI
COM~Fu~'ITYDEVELOPMENT ~D
ENVIRONMENTAL SER~CES DI~SION
ENGINEERING REVIEN SERVICES
January 20, 1998
2800 NORTH HORSESHOE DRIVE
NAPLES. FLORIDA ~4104
Mr. Robert L. Duane, AICP
Planning Director
Hole, Montes & Associates, Inc.
PO Box 1586
Naples, FL 34106
Re: Vacation of Easement - Pineland-on-The Trail Subdivision
Dear Mr. Duane:
This is in response to your request to review and provide a
"letter of no objection" to the proposed vacation of a 20 foot
side drainage and utility easement between Lots 81-86 and Lots 2-
7 in the referenced subdivision. A site review indicated that
the platted easement does not contain utility and drainage
facilities. Based on that fact and the fact that the proposed
East Trail Medical Site will utilize all of these lots, we have
no objection to the proposed vacation.
We request that you obtain letter's of no objection from the
appropriate utility companies and the Water Management
Department.
If you should have any questions, please advise.
Sincerely,
Thomas E. Kuck, P.E.
Engineering Review Manager
CC:
John Houldsworth, Senior Engineer
Russell Mueller, Transportation
John Boldt, Water Management
f/TEK/bk
Buiidin~ Review & Perrnittin~
C~a Enforcement
Housin~ & L'rban Improvement
(941)403-2400
¢941) 403-2440
;941)403.2330
Natural Reso.~ces
Planning Serw4ces
Pollution Con! ~'ol
COl IIER COUNTY
GOVERNMENT
pUBLIC WORKS DIVISION
December 1, 1997
Mr. Robert L. Duan¢, A.I.C.P.
Hole., Montes & Associates, Inc.
71 $ Tmuth Street South
Naples, FL 34102
Re: East Trail Medical Clinic - Vacation of 20' Dr~inag6 & Utilit). Easement located within
Lots :2, 3, 4, $, 6, 7, $1,82, 83, $,i, $$, & 86 of Pineiand-on-the Trail
3301 E. TAM1AMI TRAIL
NAPLES, FL 34112
O41) 732-257}
FAX (941} 732-2526
A CERTIfiED BLUE CHIP COl~ltlNr~'
Dear Mr. Duan¢:
This office has reviewed your request to vacate the above-referenced drainage and ~iility easement.
The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no
objection to the vacation of the drainage & utility easement.
Should you have any further questions, please feel free lo conlact mc.
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Tecknieian
CC:
Ed,.:'~d N. Firm, Public Works Operations Director
Tim Cl~mons, Wastewater Director
Russ Muller, Transportation Services
MA/ I 2 lg98
~. ~0,..
ENGNEE~$ mANNERS St~WEYO~S
November 17, 1997
Mr. John Boldt
Stormwater Management Director
Collier County
3301 Tamiami Trail
Naples, Florida 34112
RECEIVED
I3£C -2
Vacation of Easement
East Trail Medical Clinic
HMA File No. 97.59
Dear Mr. Boldt:
I am making an application to Collier Counb' to vacate an easement as further described on the
enclosed legal description sketch and location map.
The easement currently has no public utilities located within it and we are unaware of any plans
at the present time for the future need of this easement.
In order for the vacation to occur, we are required to obtain a letter of no objection to the petition
from Collier Counb'. If you have no objection to this petition, we ask you to issue a letter of no
objection. If you do object or have questions regarding this vacation, please contact me at your
earliest convenience.
VeD' truly yours.
HOLE. MONTES AND ASSOCIATES, INC.
Robert L. Duane. A.I.C.P.
Planning Director
ELD/dj
I have no objection to the subject
vacation(s) as described above.
Stormwater Management Director
,,/;
FPL
Novembe~ 24, 1997
4105 15th Avenue S.W., Nol31es. FL 34116
Fax (941) 353-6082
RECF. tVED
Robert L. Duane, A.I.C.P.
CIO Hole. Moates & Associates. Inc.
P.O. Box 1586
Naples, FL. 34106
Yaeation of Easement
East Trill Medieit Clinic
Florida Power & Light Company has no objection to the vacation of the utility easement located
at the rear of lots 2.3.4,$.6,7,81,82.83,84.85. & 86 of Pineland-On-TheTrail according to the plat
thereof recorded in Plat Book 3 at Page 60 of the public records of Collier CotmD', Florida.
It is understood that FPL Company may require additional electric easements within the
boundaries of this propeR' to complete the installation of our facilities to serve the proposed
Medical Clinic.
If there are any questions re~;arding this lener, please con~zct me at (941) 353-6001.
Sincerely,
F..T. Howard
Costruction Services
301 Tow,~ Ro,d
N,~o~,,, Fi. 34113
T~lephon,: 941.732-3801
FAX: 941.992-1289
December 9, 1997
Robert L. Duane, A.I.C.P.
Hole, Montes & Associates, Inc.
PO Box 1586
Naples, FL 34106
Re:
Vacation of Easement
East Trail Medical Clinic
HMA File NO. 97.59
Dear Mr. Duane:
MediaOne· has no objection with the proposed vacation of easement for the above
referenced property.
Please call me if you should have any questions.
Sincerely,
Stephen W. Hill
Construction Manager
SWH/jdr
HAY ! 2 1998
Granl Parc
TIME WARNER
CABt..£ '
November 19, 1997
RECEIVED
Nov 2 I 1997
Robert L. Duane, A.I.C.P.
Hole, Momes and Associates, Inc.
715 Tenth Street South
Naples, Florida 34106
Your lefter of November 17, 1997
_F. aet Tn~ii Medic~_! Clinic- Vacation of Easement.
Letter of ,No Objection
Dear Mr. Duane:
Time Warner Cable (TWC), with franchise authority in Collier County, and Florida
Cablevision Management Corporation. i~s operating emity, have re,,4ewed the legal
description sketch and location map for the above.referenced property..
This letter will serve as our letter of no objection.
Should you have an.',' questions or require any additional information, please do not
hesitate to contact me.
Sincerely.
FOR ~ZME WARNER CABLE
Coms'u'uaion Supervisor
GP:Ir
1510 aO'rH TI:~R~,e-£ SW h;API. I:$. FLOW~DA 34116
January 13, 1998
RECEIVED
JAN 15 19~1u
Robert L. Duane, A.I.C.P.
Planning Director
Hole, Montes & Associates, Inc.
P. O. Box 1586
Nagles, FL 34106
RE: Petition to Vacate Easement - East Trail Medical Clinic
SEC 13, TWP 508, RNG 25E, Collier County
Dear Mr. Duane:
Sprint-Florida, Inc. has no objection to your petition
to vacate the easement described in your letter dated
December 21, 1997.
If we can be of further assistance, please contact me at
941-263-6216.
Sincerely,
Anthony H. Zawacky
Network Engineer II - E&C
AHZ:tu
cc'
A. H. Zawacky
J. F. Goddard
Easement File
Chron File
MAY I 2 luna
+ + DO NOT DETACH
+ DO NOT DETAG, H _ _.
1:: u"tl / ·
. ~ '~ ~ ~
n ~ ~1 ii ~q ~<~ / ~ ~ '
~ , I / I I ~<~ I ' --
! ,:~ IId o~=<~/ , : ~ '<~ " ~ '~ ' '
~ ' ~ ,
~ om 181 ~ ~l ~ ~ om ill
~ = .~ ~lI
m ~ El/ ...... l .. F~ ~ · o~ ~11 ........ l .. ~ ,
m = ,"' ........ "" ~ ~~ , ~ I~',1
~ ~ / .1" "1 ........ J .d_-.~ ~ --~ .._ ~ .!
] +~j . 9 ~ . - ~ ._
COLUER COUNTY
NAPLES, FLORIDA 339~2
CL'STOMER COFY
EXECUTIVE SUMMARY
COMMUNI'IY DEVELOPMENT AND ENVIRONMENTAL SF..P. VICES DMSION REQUESTING
APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 98-13, TO CORRECT A
SCRIVEN'ER'S ERROR ATTRIBUTABLE TO AN OMISSION TO REFERENCE A MASER
PLAN AS A PART OF THE DEVELOPMENT ORDER FOP, THE EI'4LARGED FIDDLEP.'S
CREEK IAND AREA ~ TO MAKE SAID MASTER PLAN A PART OF SAID ~ING
ORDINANCE NUI,~EP. 9~13.
OBJECnVE:
To correct a r~cent amendment to the Fiddler's Creek portion of the Marco Shores PUD l:¢caus¢ of an
omission to both reference and include a Master Plan illustrating the p~a,iitted us~s of land in the
' enlarg~ area of Fiddler's Creek as part of the amending document.
CONSIDERATIONS:
When the Fiddler's Crr~k sddition amending ordinance was submitted we realiz~ at the time of its
consideration by the Board of County Commissioner's that the ~mending ordinance while adequately
providing for an enlarged ar~ of 1,385 acres and the concomitant charges that were required to
facilitate the added lands, nonetheless, neglected Io include a provision acknowledging a Master Plan
for the added area illustrating the allowed uses.
Clearly testimony and exhibits entered into the record of the public heating addressed and illustrated a
Master Land Use Plan for the added 1,388 acres more or less.
Failure to provide for a Maser Plan exhibit was clearly an inadvertent error.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
Staff recommends approval of an Ordinance to amend Ordinance Number 98-13 to compensate for the
unintended omission of a Master Plan illustrating the uses of land for the added ares to the Fiddler's
Cr~k PUD, ~
ACTING~NTPLANNINGMA.NAGER
OAT~
REVIEWED BY:
BFA~T J. MI.EAtERE, AICP
commmn' n~v. am> ~m'~ao~o~~ svcs.
FIDDLER'S CREEK SCRIVEN'ER'S ERROR ,F.X SL~O&&RY/md
2
EXECUTIVE SUMMARY
PETITION CCSL-98..2, DARWIN STUBBS OF HUMISTON & MOORE
ENGINEERS, KEI~RESENTING GENE L. AND SHEELAH R. WINDFELDT,
REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIENCE
TO ALLOW CONSTRUCTION OF A ELEVATED PATIO WITH SPA AND
STAIRS FOR A SINGLE FAMILY RESIDENCE LOCATED AT LOT 7,
BAREFOOT ESTATES, SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
The petitioner requests a variance from the Coastal Construction Setback Line (CCSL) to
allow construction of a elevated patio with spa and stairs for a single family residence
(Exhibit A).
CONSIDERATIONS:
The subject property is a single family lot located on the west end of Felipe Lane within
the Lely Barefoot Beach Planned Unit Development.
The petitioner is proposing to construct a new single family residence on the subject
property, landward of the CCSL. Proposed accessory structures will extend
approximately 24 feet seaward of the CCSL. Other structures in the immediate area have
established a reasonably continuous and uniform construction line closer to the line of
mean high water than the adopted coastal construction line (CCSL).
The petition is consistent with the Collier County Land Development Code and Growth
Management Plan - Conservation and Coastal Management Element.
In consideration of the above, Staff finds the proposed construction to be consist~t with
the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as
amended.
FISCAL IMPACT:
MAY 1 2 1998
Approval of this petition would have no fiscal impact to the County.
GROV, rfll MANAGEMENT IMPACT
OBIF. CIT~ ( CONSERVATION AND COASTAL lVlANAG~ EL~
I1A
Until the ~ Bsrrier and Beach System Manag=nent Plan is mdopted
(Objective 11.6), protect developed coastal barrier~ and developed shorelines by
es'tablishing mechmisms or projects which limit the effects of development and
which help in lhe restoration of the natural functions of coastal barriers mad
affected beaches and dunes.
11.4.4 Require dune stabilization and restoration improvements in land development
projects along beach areas.
11.4.5 Initiate and support beach and dune resloration and preservation programs wher~
appropriate.
11.4.6 Require native vegetation as landscaping in developed activities in developed
coastal barrier systems and on the beach and dune systems.
HISTORIC/ARCHAEOLOGICAL IMPACT;
Staff's analysis indicates that the pe':itioner's property is located within an area of
historical and archaeological probability as referenced on thc official Collier County
Probability Map. Regulations for arras of historical and archaeological probability are
located in section 2.2.25 of the Collier County Land Development Code (CCLDC).
Section 2.2.25.3.4 CCLDC states the following: "Building permits issued for new
structures on properly located within an area of historicaYarchaeologicai probability shall
be accompanied by a notice that indicates thc property is within the area of
historical/archaeological probability. The notice shall descn'be the potential for historical
and archaeological sites, structures, a~ifacts, or buildin/x, arid shall encourage the
preservation ofsuch sites, provide reference to applicable state and local law~
provide reference regarding whom to contact in the event an his~~~~~ I
site, su'uctm~ artifact or building is discovered'. A copy of the historical/archscological
prob~ili~ notice is ar~hcd as Exhibit B.
]t~COMI~FE. NDATION:
Stafl'rmommends approval of Petition No. CCSL-98-2 subject to the following
Stipulations:
1. All proposed improv~nenls shall be designed in accordance with the stands~ of
the Florida Department of Environmental Protection (FDEP) Bureau of Beach~
and Coastal Systems and an approved FDEP permit shall b~ obtained, arid copies
provided, prior to issuance of a Collier Coun~ Building Permit.
2. Construction activities shall not occur within one hundred (100) feel of the s~a
turtle nesting zone, de£med by Collier County Land Development Code Division
3.10, baleen May 1 - October 31, sea twtle n~ing season, without fu'st
submitting and obtaining FDEP and Collier County Construction in Sea Turtle
Nesting Area Permits.
3. Petitioner shall notify Current Planning Environmental Slaff one week prior to
commencing work seaward of lhe CSSL and shall again contact Staff wilhin one
week following completion of work s~ward of the CCSL.
4. Outdoor lighting associated with construction, or dev¢lopmen! within three
hundred (300) feet ofthe high tide line, shall be in compliance with Division 3.10
of the Collier County Land Development Code.
5. Petitioner shall utilize ordy native coastal dune vegetation for all on-site
landscaping beyond the 197..~ Coastal Construction Conlrol Line.
6. Petitioner shall re-veg~late the dune wher~ the dune is devoid of co~,~l dune
vegetation. Re-vegetation shall be completed, according to a plan submilted to
and approved by Collier County Current Planning Environmental Staff, prior ~o
the issuance of a Ceniiicate of Occupancy.
?. Petitioner shall r~riove all exotic vegetation from the subject ~ in
accordanc~ with S~c~ion 3.9.6.6 of the Collier Coun~ Land D~elopment Code.
Minor revisions to
(including changes in sitinl; and structures) may
Planning Scrvices Director or his/her designee.
Coastal Conslruction Setback Linc Variance CCSL-98-2
PP. EPABED BY:
ENVIRONMENTAL SPECIALIST
II
BEVIEWED BY:
RO~,fAI..D F. NINO, AIC'P, MANAGER
CURRENT ?LANrNING SECTION
· ROBERT $. MULHERE, AICP, DIRECTOR
PLANNING SERVICES DEPARTMENT
VINCENT A. CAUTERO, AICP,/,DMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DMSION
/
DATE
DATE
I
2
4
6
?
9
10
!!
~2
14
16
I?
19
20
22
2~
24
25
26
28
29
~2
33
.16
38
40
41
42
4.~
46
49
$!
S2
~4
$9
RESOLU~ON NO.
RESOL~ON A~I~ROI,,'ING ~ CObrOmobTs
CCSL-98-2, RKQbT. STING A VARIANCT.. FROM TI~ COASTAL
CONSTRUCTION SETBACK LIN~ (CCSL) TO ALLOW
CONSTRUCTION OF A EL~VA'I'ED PATIO ~ Si~k AND
STAIRS FOR A SINGLE FAMILY R]F, SID£NC~ LOCATF. D AT
LOT 7, BAREFOOT ESTATES~ SECTION 6, TOWNSIITI~ 4~
SOUTH, RANG£ 25 EAST. COLLIER COUNTY, FLORIDA.
WHEP. EAS, Darwin Stubbs of Hu~s',on & Moore Enl:inet~ teptesen~8 Gene
L. ~ Sheel~th R. Windfeldt, tequem · vsa'iance horn the Coastal Cons'au~on Setback.
Lin, (CCSL) u teciulred by the ColUet County Ozdi.tm~e 91-102 Division 3.13, ~:,:
amended, to allow conslru~on of· elevated ratio with ~pa and stain for a single family
residence CEx~ibit A); and
WHERJ~AS. the sub~ect pT~pcrt~ is · single fan~ly lot located on the west end of
Felipe Lane, within the Lely Bazefoot Beach Phrmed U~it Development: sad
WHEREAS, the propesed accessory structures will extend approximately 24 feet
seaward of the adopted cou'al consmJ~on setback line CCSL: and
W'HEREAS, the petition is consistent w~th the Collier County Land Developmem
Code, Div/sion 3.13, as amended; ~
V~TIEREAS, the petition is consislen! with the Collier County Growth
Management Plan - Conser,'ation and Coastal Managemem Element.
NOW, THEREFORE, BE IT RESOL~T..D BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance P~ition
CCSL-98-2 be approved, subject to the following conditions:
I. All ptolx~ed m~ptovew~m~ $1~11 be deswned m accorcttoce w11h d~e staoda~ of ~e Florida
Depmtmm of En~'u~unental Ptole~ (FD£P) Bu~au of Belches and Coati $ys~m and an
approved FDEP perm~ shsll be ol~med, ~d corm ~ ~or ~ ~ ~ I Collm'
Counn/hildinI Pew~it.
2. Coneuucnon a~'nV~es ~hall z~ot occur w~un oat h~ndted ¢ ! 00) fen of ~e sea tu~e nemnI zone,
deflae~ by Colbet County ~ Development Code Drvmon 3.10, betwe~ MI}, i - Ooebet 31,
~e~ turtle nest'mB s~uo~ w~ou~ fL~ subtmmn8 and ob~mm8 FDEP and Colbet County
Cons~ucnon tn Sen Tattle NeStmI A.,e'a pemu~.
Penhonet shall ncmfy Cmren1 PlanninI £n,~aq~a'nental Staff one week prior ~ cerumen-mi w~dt
~eaward of the CSSL and s~all Ipm contact Staff w~un ooe we~k followm[ compklxm of work
~eawml of the CCSL.
4. C~t~oor hlhnal a~ocmed v~h comm~-1~, or devdopmem wnlun Ihtee hundred {3001 fee~ of
· e ~fh ~ hne, shall be m compLmace ~ D~v~eo .1.10 of :!~ Colbet Count/ Laad
19'74 Coutal ~ Cmm~l LmL
6. pnl~t shall t~-~h,~as~ d~ ~ where I~ dun~ Is de~ of ~ ~ ~ ~
Cutout Phnmnl EnYm:mntntal S~ Prior m d~ muance °f Il Cen~i~~
~ ~ill ~movt ali no~c v~
3.9.6.6 ofd)e Collm County Land
!
2
4
I
I0
12
14
]9
20
22
2~
2~
2'/
29
3O
4O
MM r~Yi~ioas to Coxsta! Cou~uc~ou Setback Lme VW'un~e CCSL.91-2 (inch, imf choal~ m
siunl &nd su-ucmr~) mt), be ~,.~,~.d, ia wntml, by Ibc fhamzal ~ ~ o~ hfl/ber
desiinee.
7'his Resolu~on odop~d aArr n~uou. ~coud md nu~,%~ you f~ same.
I~NE ANT) OP.~ERED ~s ~. day of ,1998.
DATE:
BOARD OF ~ ~O,*'fl~RS
COLI.~R ~, FLOI. IDA
ATTEST: BY:
DWIGHT E. BROCK. Clerk
BAXBXRA ~. l~Y. ~
DEI,t.rI'Y CLE]LK
MAY 1 3 1998
MA 1991
I~ROPERTY LOCATED wrI'HIN AN AREA OF HISTORIC/ARCHAEOLOGICAL I~ROBA.BIIA~
The structure for which this building permit has been issued is to be constructed on property located within m
~ ofHisloricaL/Archaeological Probability as defined by Sc'~ion 2.2.25 of'the Iamd Development Code md
as indicated on the official Collier County Historical/Archaeological Probability Atlas. This means that this
property has been identified as having a greater potential for containing Historical or Archaeological
Resources than other areas throughout the County not so designated.
The Collier County Board of Commissioners h~ recognized the importance of Collier Countys Hi~oty as
well as the needs and benefits of preserving ~nd protecting the County's cultural heritage. Section 2.2.25 of
the Land Development Code sets forth regulations to protect these resources while recognizing the fights of
individual property owners. Please take the time to familiarize yourself with these regulations, and to read the
accompanying notice concerning the accidental discovery of Archaeological material. If, during construction,
you should discover any Archaeological material, stop work in the immediate area and contact the Collier
County Current Planning Staff at 403-2400 and/or Compliance Services at 403-2440. In addition, in case
human remains are discovered, the sheriff's office should be notified at 774-5534, since it is a felony to
willfully disturb a burial, modem or old.
The cultural heritage of Collier County is important nationally and internationally as well as locally.
This heritage is something in which ali citizens of Collier County can take pride. It is your responsibility
preserve this heritage by reporting any material that may be of archaeological or historical value.
A complete copy of the Collier County Historical/Archaeological Preservation Regulations can be obtained at
the Community Development and Environmental Services building at 2800 North Horseshoe Drive.
H/A PROBABILITY/RVB/md
EXHIBIT "B"
EXECUTIVE SUMMARY
PETITION CCSI~gg..1, DARWIN STUBBS OF HUMISTON & MOORE
ENGINEERS, REPBESENTING KATHERINE A. CLEARY, REQUESTING
COASTAL CONSTRUCTION SETBACK LINE VARIENCE TO ALLOW
CONSTRUCTION OF A SWIMMING POOL, SPA, DECORATIVE
WATERFALL, POOL DECK WITII STAIRS AND DRIVEWAY PAVERS FOR
SINGLE FAlV~_~-Y RESIDENCE LOCATED AT LOT 37, BLOCK A, P~PLAT
orumT t, cosmm's VA~RmLT t~r. ACn ESrAT~ SECTION 29,
TOWSSm~_ 48 sotrm, ~E 2s EAST, COLLAR COUSTV, rLO.gmA.
The petitioner reClUem a variance from the Coastal Construction Setback Lira: (CCSL) to
allow construction of a swimming pool, spa, decorative waterfall, pool deck with stairs
arid driveway pavers for it single family residence (Exhibit A).
CONSIDERATIONS:
The subject property is a single family residence located on the west side of Gulf Shore
Drive approximately one half mile south of Bluebill Avenue.
A single family home curmatly e:~ists on the subject property, extending g~.oximately
30 feet seaward of the CCSL. The petitioner is proposing to remove the existing home
and to construct a new single famiiy dwelling landward of the CCSL. Proposed accessory
structures will extend approximately 36 feet seaward of the CCSL. Other structures in the
immediate area have established a reasonably continuous and uniform construction line
closer to the line of mean high water than the adopted coastal construction line (CCSL).
The petition is consistent with the Collier County Land Dmrelopment Code and Growth
Management Plan - Conservation and Coastal Mamsgement Element.
In consideration of the above, Staff finds the proposed construction to be consistent with
th~ variance conditions of Collier County Ordinance No. 91-102, Division a.la, ss
Approval of this petition would have no final impact to the County.
GROWTH M.a~AGEMENT IMPACT:
OB.I~~ ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT)
11.2
Thc County shall continue to insurc that access to beaches, shores a~! walcrways
re, hain available to the public and by December 31, 1992 develop a grogram to
expand the availabiliw of such access and a method to fired its acquisition.
POLICY
11.2.1
Existing access for the public to thc beach shall b~ maintained by new
development. New bcachfmnt development shall show on their sit~-plans existing
beach access ways and the proposed development shall continue that access way,
relocate it on the site, or donate it to the County.
OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT)
1 1.4
Until the Coastal Barrier and Beach System Management Plan is adogted
(Objective 1 1.03, protect developed coastal barriers and developed shorelines by
establishing mechanisms or projects which limit the effects of d~elopment and
which help in the restoration of the natural functions of coastal barriers stat
affected be~hes and dunes.
POLICY
1 1.4.4 Requir~ dune stabilization and r~oration improvements in land d~elopment
projects along beach areas.
1 1.4.5 Initiate and suggon beach and dune restoration and preservation pro2xams wher~
appropriate.
i 1.4.6 Requir~ native vegemion as landscaping in develol~d activities coastal barrier systems sncl on
MAY12FJg8
~ ....,.;:.:,,c,:":,:: ' i?' ,,',
HIBTORIC/AR~QI,,OGI CAL IMPACT:
amd ~lo~:al pn:d~,bi]ity u ~ef~ oD I~ o~cial Collier County
Stafl'~ends approval of Pelition No. CCSL-98-1 subject to the following
Stip ons:
All proposed improvements shall be designed in accordance with the standards of
the Florida ]X'partment of Environmental Proteaion (FDEP) Bureau of Be.w. hes
and Coastal Systems and an approved FDEP permit shill be ob~ned, and copies
provided, pgor to i~lan~ ora Collier County Building Permit.
Cons,xuction activities shall not occur within one hundred (100) feet of the sea
turtle ne~ing zone, defined by Collier County Land Development Code Divisi°n
3.10, between May I - October 31, sen turtle nesting season, without first
submitting and obtaining FDEP and Collier County Construction in Sen Tttrtle
Nesting Area Permits.
Petitioner shall notify Cttrrent Planning Environmental Staff one week prior to
commencing work seawall of the CSSL and shall again contact Staff within one
week following compl~ of work seaward of the CCSL.
Outdo<ri' lighting associate~ with construction, or development within three
htmdred (300) feet ofthe high 6de line, shall be in compliance with Division 3.10
of the Collier County Land Development Code.
Petitioner shall utilize only native coartal dune vegetation for ali on-site
landscaping beyond the 1974 Coastal Construction Control Line.
Petitioner shall remove all exotic vegetation from the subject property in
accordance with Section 3.9.6.6 of the Collier County Land Development Code.
Minor r~visions to Coastal construction Setback Line Variance CCSL-98-1
(including changes in siting and smictures) may be approved, in ' '
Planning Services Director or Ms/her design~_m.l ~~)
MAY' 1 e 1998
PREPARED BY:
STEPHEN LENBEROER
ENV~ONMENTAL SPECIAL~ST n
REVIEWED BY:
, !~
RON.~T_T~ F. NIFO, AICP, MANAGER
~ P~G SECTION
DATE
DATE
,- /- .~_~~~--- ,,/ /. ,'.
P~G SERVICES DEPARTMET~
VIN~ ^. CAIJ'FERO, AICP, ADMII~$TRATOR DATE
COMMUNITY DEVELOPMENT & EN~OI~AL
SERVICES DMSION
!
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40
RE~OLITI'ION NO,
RESOLUTION APPROVING ~ COIVDmONS
PETITION CCSt,-91-1, REOUEST~G A V~~
~OM ~E ~~ ~N~U~ON SE~ACK
(C~L) TO ~OW
~NS~U~ON OF A
DE~~ WA~~ ~L DE~
~ D~WAY PA~
~IDEN~ L~A~ AT ~ 37, B~ ~ ~T
OF ~ 1, CO~R~ V~E~T B~ ~TA~
SE~ON 29, TO~P
~R CO~,
WI~EI~AS. the subject property is located on the we~ side of C~fsho~
Drive approximately one half re!lc south of Blu~oill Av~n~ and
WHEREAS, the proposed pool facility will extend spproximatcly 36 feet
soward of the ~dopted coas~ cort~ruction setback line CCSL; and
~iEREAS. the proposed driveway povers will extend spproxin~ely 4
f¢~ seaward of the adopted co~s~ cons~'uctio~ ~back line CCSL; and
WHEREAS. the petition is consment w~th the Collier County Land
Developmt-m Code. Division 3.13. nt am~ded; a~d
WHEREAS. the p~tition is coniston! ~4th the Collier County C~m~lh
Managemem Plan - Conservation tnd Coa~al Man~gernem Element.
NOV.', THEREFORE. BE IT RESOLVED BY THE BOARD OF
41 COUNTY COMMISSIONERS OF COLLIER COUNTY, I~.ORIDA~ thai:
42 Variance Pet, ion CCSL-98-1 be s~pproved, subjecl to the following conditiom:
43 l,
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46
47
48 2,
49
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DA'rY.:
A'TT~ST:
DV/]GHT ~. BP. OCI~ C{L'Y'k
BY:
BAX.B.,~J~ B. BERXY. C"Gum'a~
D£PUTY CLER~
1998
MAY~L
EXECUTIVE SUMMARY
The applicant requests approval of a conditional use for the sale of pre-owned vehicles
in the C-4 zoning district.
{;ON$1DERATIONS;
The proposed use, although more intense than permitted C-4 uses, sh~ll be required to
meet the County's landscape requirements for a project within an Activity Center. The
site is within an Activity Center and is surrounded by C-4 zoning, except to the
southeast where it is adjacent to RMF-12 zoning
The applicant is requesting a cond;flonal use for pre-owned auto sales. Three of the k)ts
am vacant, one is the site of the former Papi's Pizza. The existing building is proposed
to be utilized as the sales office with architectural changes to meet code to the greatest
extent possible. Customer parking, auto display, stormwater ~t, and
I~ng are also proposed for the site. An entrance/exit onto Golden Gate Parkway
and an exit o~to the alley at the rear of the lot are proposed.
n'~, o~ ~ raised by Golden Gate residents 0ettem ara attached),
voted to continue the hearing to tl-~ April 16, 1998 meeting.
iMAY121 j8 i
At the April 16 meeting, the Petitioner voluntarily agreed that if the property is sold, or
the facility is operated or managed by an entity other than Germain Properties, the
~l~k)nal Use will expire. The Petitioner also agreed to prohibit outdoor loudspeakers,
fenclag, auto tmnspo~, and auto display in the landscape buffer. The p~
wor~ng o~ the ¢¢~1d~ i~ contained in the
The CCPC, by a vote of 6 to 0, recommended approval of CU-98-2.
IMPACT;
Approval of th~ petition would have no ~cal impact on the County.
OROWTH MANAGEMENT IMPACT,;
The subject see is located within an Activity Center in the Urban designated area on the
Future Land Use Map of the Growth Management Plan. The exis~ zoning is ~
Commercial (C-4). Therefore it Is staffs opinion that the proposed cond'rtional use is
consistent with the Growth Management Plan. The petition will be reviewed for
consistency with the Land Development Code at the time of Site Devek)pment Plan
HISTORIC/ARCHAEOLOGICAL IMPACT;
Staff's analysis indicates that the petitioner's property is not located within an Area of
Historical and Archaeological Probability as referenced on the officiol Collier County
Probability Map. Therefore a survey or Waiver of Historic and Archaeological Survey &
Assessment is not required.
m. ANHINe COMmSS~ON RECO~z~
The Collier County Planning Commission recommended by unanimous vote, that the
Board of Zoning Appeals approve Petition CU-98-2, subject to the conditions in the
Resolution.
MAY 12 IcJCJ~
· ' PREPARED BY:
Ii!~' '~' :'~ .C=~EW~D
VINCENT/~ CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
3
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: MARCH 3, 1998
RE:
PETITION cu-g8-2 (GERMAIN PRE-OWNED AUTOS- GOLDEN GATE)
OWNER/AGENT;
AGENT:
Kim Patrick Kobza, Esquire
Treiser, Kobza & Volpe, Chaffered
4001 Tamiami Trail North, Suite 330
Naples, FL 34103
OWNERS:
Richard A. & Sally Van Buskirk
531 Whispering Pine Court
Naples, FL 34103
Virgll A. Ponzoli, Jr., MD, and Ann L. Ponzoli
374 Catbrier Court
Bonita Springs, FL: 34134
PETITIONER & CONTRACT PURCHASER:
Germaln Properties of Columbus, Inc.
221 South H~h Street
Columbus, OH 43215
(statement of ownership and officers is attached to this
Staff Report)
MAY 1 ?, 1998
REQUE~i'ED AgTION:
The applicant requests approval of a conditional use for the sale of pre-owned vehicles
in the C-4 zoning district.
GEOGRAPHIC LOCATION:
The subject property is located on the south side of Golden Gate Parkway, east of me
intersection with 50· Street SW in Sec~lon 28, Township 49 South, Range 26 East
legally described as Lots 3, 4, 5, & 6, Block 248, Golden Gate Unlt 7.
LOCATION NAP SITE NAP
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting a conditional use for pm-owned auto sales. Three of the lots
are vacant, one is the site of the former Papi's Pizza. The existing building Is pmposad
to be utilized as the sales office. Customer parking, auto display, stormwater
management, and landscaping are also proposed for the site. An entrance/exit onto
Golden Gate Parkway and an exit onto the alley at the rear of the lot are proposed.
MAY 1 2 1998
SURROUNDING LAND USE AND ZONING:
Subject Site:
Former site of Pap~"s Pizza & vacant lots
with mowed grasses; zonod C-4
Surrounding: Northwest
Northeast
Southeast
Southwest
Golden Gate Parkway ROW
Tsger professional building; zoned C-4
Alley ROW across which are multi-family
buildings; zoned RMF-12 and an approved
Off-Site Parking agreement for Smuder
Faust
Car wash & ddve-in beverage business;
zoned C-4 with a Provisional Use
HISTORICIARC HAEOt. OGICAL, IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Waiver of Historic and Archaeological Survey &
Assessment is required.
TRANSPORTATION, INFRASTRUCTURE AND ENV1RQNMENTAg IMPACT'
The ITE Tdp Generation Manual indicates that the proposed auto sales facility will
generate 50 tdps on a weekday and 1.4 tdps dudng the AM peak hour. Based on this
datum, the site generated traffic will not exceed the significance test standard (5% of the
LOS 'C' design volume) on Golden Gate Parkway. Furthermore, this petition will not
lower the level of service below any adopted LOS 'D' standard within the project's
radius of development influence (RDI). Therefore, the project is consistent with Policies
5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists CR-951 as a four lane arterial road. The currant traffic count is 14,037
AADT and is operating at LOS 'A". It should be noted that this segment is not projected
to be deficient within the next t'rve years. Therefore no road Improvements to six-lane
this segment is required for concurrency purposes.. Therefore this petition complies
with Policy 1.3 and 1.4 of the TCE.
The petition has been reviewed by Current Planning environmental staff.
MAY ! 2 1998
_..
~TAFF ANALYSh~:
a. Consistency with this Code and the Growth Management Plan.
STAFF FINDINGS:
The subject site Is located within an Activity Center as designated on the Future
Land Use Map of the Growth Management Plan. The existing zoning is General
Commercial (C-4). Therefore it is staff's opinion that the approval of the
conditional use by the BZA would be consistent with the Growth Management
Plan. The petition will be reviewed for consistency with the Land Development
Code at the time of Site Development Plan review.
b. Ingress and egress to the property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience, traffic
flow and confl'ol, and access in case of fire and catastrophe.
PRO:
Proposed access to the site would be from a driveway off Golden Gate Parkway.
staff stipulates that the developer construct a sidewalk along Golden Gate
Parkway. The sidewalk network in the area is sporadic, but will become
increasingly more important as more redevelopment and new businesses install
sidewalks.
CON:
The proposed use will add approximately 50 trips per day to Golden Gate
Parkway.
STAFF FINDINGS:
The trips generated by the car lot will not exceed 5 percent of the LOS "C"
design capacity on any road segment, and will not lower the LOS below the
adopted standards. Therefore, this conditional use request, if approved, will not
create or excessively increase traffic congestion within the project's RDI.
c. The effect the conditional use would have on neighboring properties In relation
to noise, glare, economic or odor effacts.
PRO:
The proposed use, although more intense than permitted C-4 uses, shall meet
the County's Activity Center landscape requirements. These standards will
buffer the use from neighboring properties. Display lighting shall meet the
County Architectural Design Standards and shall be oriented away from
neighboring properties and rights-of-way.
MAY ! 2 1998
Pg'_ _ ? ..__.
CU-gS-2 CONCEPTUAL SITE PLAN
CON:
The proposed car lot would
unloading of vehicles on site,
bring noises associated with the loading and
STAFF FINDINGS:
With a limitation o'n hours for the loading and unloading of vehicles, it is staff's
opinion that the proposed use as a car lot would have minimal effects on
neighboring properties with respect to noise, glare and odor.
d. Compatibility with adjacent properties and other property In the district.
PRO:
The proposed auto sales facility will be required to comply with stricter landscape
requirements than many of the existing businesses In the vicinity. The site falls
within an Activity Center, and therefore the required landscape buffer along the
road right-of-way is twenty feet in width.
CON:
Outdoor display of used cars is a more intense use than the surrounding
residential property and existing C-4 businesses. ~ .~.~
MAY ! 2 1998
STAFF FINDINGS:
It is staff's opink~ fi'mt tt~ prolx~ auto dealership, with the I~ndscape
mqulremen~ a~ required In the Land Development Code, is compatible with the
neighborhood.
STAFF RECOMMENDATION;
Staff recommends that the Collier County Planning Commission forward Petition CU-98-
2 to the Board of Zoning Appeals with a recommendation of approval subject to the
stipulations in the Resolut;on.
PREPARED BY:
~R II
CURRENT PLANNING
ACTING CURRENT PLANNING MANAGER
DATE
B~RT J. MULHERE. AICP DATE
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
PETITION CU-g~.2
8taft Relx:~l for ~'~a Ai:~ 2. lgge CCPC m~e~ng.
SION:
MICHAEL A. DAVIS, CHAIRMAN
MAY 1 2 1998
Petttioea' & C~truc~
A~iru~:
Vice Pr~tdent & Secretary:
Vice ~ & Tre&urec.
Gerrnlin Properties of Colurnbus~ Inc.
221 South High Sn'ect
Columbus, Ohio 43215
Stephen L. Germatn
Robert L. Gerrnlifl, Jr.
Richard B. Germain
Robert L. Gcrmnin, Sr.
Stephen I... Oerrnlin Revocable Trus~ UAD 6/17/92
Richsrd B. Gc, rmatn Revocable Trust UAD 6/1702
Robert L. Oermatn, Jr. Revocable Trust UAD 6/17/92
P~t~tntate of Ow~trshio
33
32 I/'3%
22 I/3%
MAY 1 2 '1998
pg.~ /0
COM~JNZT~ DEVELOPKZNT DMSION
CURRENT PLANNING SECTION
PETITION NUMBER:
DATE OF APPLICATION:
COMMISSION DISTRICT:
PLANNER ASSIGNED:
A~0¥£ TO BE COMPLET£D BY STAFF
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
General Information:
Name of Applicant(s) .Kim Patr~ck. KPbz", L~qu~ra
T~ei~er, Kobza & Volpe, Chartered
Applicant's Mailing Address
City Naples State
Applicant's Telephone #: (941)649-4900 Fax %: (941)649-0823
Name of Agent same as aDplican~ Firm
4001Tamiami Trail Nort~ Suite 330
Florida Zip34103
Agents Mailing Address
City
Agent's Telephone
State Zip
MAY 1 2 1998I
/
me
Disclosure of Interest Information~
a. If the property is owned fee simple by an INDIVIDUAL,
tenancy by the entirety, tenancy in common, or Joint
tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional
sheets if necessary).
Name and Address
~_e%e,'4 A, and'. ~a%~.% Van ~usk{zk
531 ~his~eri~g P_~_s Court.
Pe.-centage o! Ownership
b. If the property is owned by a COR?OP.%TION, list the
officers and stockholders and the percentage of stock
owned by each.
Name and Address, and Office
Pe.-cen=age of Stock
If the property is in the name of a TRUSTEE, list the
beneficiaries of the trust with the percentage of
interest.
Name and Address
~'~LCLiJ..~; ~-12D~0~'-'!'' ~.D. aud Ann L. ~ouzoli
37& Catbriar Court
aoUiza Sprinla, ~l°rida 3413~
Percencaqe of Interest
1001
MAY 1 2 1998
If the property is in the name of a GENERAL or LIMITED
PARTNERSHIP, list the name of the general and/or limited
partners.
Name and Address
If there is a CONTRACT FOR PURCHASE, with an individual
or individuals, a Corporation, Trustee, or a
Partnership, list the names of the contract purchasers
below, including the officers, stockholders,
beneficiaries, or partners.
Name and Address
list attach~ ~o this page
.'-ercen~age of Ownership
Date of Contract:
MAY 1 2 1998
Shareholders:
Germlin Properties of Columbus, Inc.
2~I South HI~ St~
Cohn~b~, Ohio 43215
Robert L. Gerrnain, Jr.
Robert L. Germain, Sr.
Stephen L. Germain Revocable Trus~ UAD 6/17/92
RJ~hn~l B. Germlin Revocable Tru~ UAD ~/17/92
Robert L. Germatn, Jr. Revocable Trust UAD 6/1'//92
Percefltatt of Ow~ershlo
33 I/3'4
33 !/3%
33 ! '3'4
MAY 1 2 1998
f. If any contingency clause or contract terms involve
addi%ional par%les, list all individuals or officers, if
a corporation, partnership, or trus%.
Name and Address
g. Date subject property acquired ( } leased ( ):
Term of lease
yrs./mos.
Proparty fs under If, Petitioner has option to buy, indicate date of
contract with a option: and date option terminates: ,
contln$~ncy for
or anticipa%ed closing da~e closius is coutfuge~t: u~ s~r~al
Board Approval of
~di~oual Us~ by
Nay ~, 1998. ~. S~d a~y ~a~e~ o~ ~e~s~ip or ~a~es in co~ra~s
prior ~o ~he date of ~he final public hearing, i~ is the
responsibility of %he applican%, or agent on his behalf,
~o submi% a supplemental disclosure of interest fo~.
Detailed legal description of the prope=t~ cove=ed 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 dis=rice. Applicant shall submi~ four (4)
copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at
the pre-application meeting.
NOTE: The applicant is responsible for supplying the correc=
legal description. If questions arise concerning the legal
MAY 1 2 1998
descrip~ion, an engineer's certification or sealed
may be required.
Section: 28 Township: 49S Range: 26£
Lot: 3,4f~,6 Block:245 Subdivision: Golden Gate
Plat Book 5 Page #:135
Metes & Bounds Description:
, Property I.D. l: 364~A0800031 36az~120002~
Size of property: 200
Total Sq. Ft. 25,000
ft. X ...175
Acres 0.57
ft.
~l~ess/~eneral location of sub,eot property:
Golden Gate Parkway, east of 50th St. $.W.& west of
Tropicana Blvd.;south side of Parkway.
e
Adjacent zoning and land use:
Zoning
N C-4
Land use
Retail/Office
S RMF-12 Vacant
£ C-4
Retail/Office
W PU2
Retail/Liquor
Does property owner own contiguous property to the subject
proper:y? If so, give complete legal description of entire
contiguous property. (If space is inadequate, attach on
separate page).
MAY 1 2 '1998
'v.
Section: 28 Township: 49S Range: 26E
Lot: 3,4~§,6 Block: 248 Subdivision: Golden Gate
Pla= Book 5 Page ~: 135
Metes & Bounds Description:
Property I.D. t: 3~*~-080003; 36~dd~120002; · =d 364/~ 160004
Type of Con~itional Use: This application is requesting
conditional use # & of theC-& zoninSdistrict for I~P~or
cus£) the aale of pre-owned vehicles. ($ecclon 2.2.15.3 of the Colller £ounCy
Uniform Land Development Cod~).
Present Use of the Property: Fast food and vacant property.
Evaluation Criteria: Provide a narrative statement
describing this request for conditional use. NOTE: Pursuant
to Section 2.7.4. of the Collier County Land 9evelopment
Code, staff's recommendation to the Planning Commission and
the Planning Commission's recommendation to the Board of
Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect
the public interest and that the specific requirements
governing the individual conditional use, if.any, have been
met, and that further, satisfactory provision and
arrangement have been made concerning the following matters,
where applicable. ?lease provide detaile4 response to each
of ~he criterion listed below. Specify how and why the
request is consistent with each. (Attach a~itional pages as
may be necessary).
a. Describe how the project is consistent with the Collier
County Land Development Code and Growth Management Plan
(include information on how the request is consistent
with the applicable section or portions of the future
land use
element): loca=ed w{th{n an AcCiv{cy Cen~r.
MAY12 998 /
/
b. Describe the existing or planed means of ingress and
egress to =he property and proposed structure thereon
with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and
access in case of fire or
catastrophe: In~ress/£~ress plans are presented on the
¢onqep~ual site plan exhibit.
c. Describe the effect the conditional use will have on
neighboring properties in relation to noise, glare,
economic and odor effect: Conditional Use will have no adverse
effect on the neighboring land uses. A portion of the property
is currently occupied by an unsuccessful pizza establishment,
which is ~urrentlv vacant. This conditional use will renovate
the existing property and will result in a land use which will
have a positive economic benefit to the community.
d. Describe the site's and the proposed use's compatibility
with adjacent properties and other properties in the
district: The conditional use is compatiblewwith adSacent
proDer,~iQ~ Bnd other properties in the district which are
MAY ! 2 '1998
qenera~l~ developed as in~ens~ve com~ercia! uses.
e. Please provide any additional information which you may
feel is relevant to this request.
e
10.
Deed Restrictions: The County is legally precluded from
enforcing deed restrictions, however, many communities have
adopted such restrictions. You may wish to contact the civic
or property owners association in the area for which this
use is being requested in order to ascertain whether or not
the request is affected by existing deed restrictions.
Previous land use petitions 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?
No Known land use petitions within the last year.
11.
Additional Submittal requirements: In addition to this
completed application, the following must be submitted in
order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Ten (10) copies of a 24" x 36" conceptual site plan [and
one reduced 8h" 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 distzibution to
8
e)
the Board and various advisory boards such as
Environmental Advisory Board (£AB), or CC?C];
· all existing and proposed structures and the
dimensions thereof,
the
· provisions for existing and/or proposed 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
[include matrix indicating required and provided
parking and loading, including required parking for
the disabled],
· locations of 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 by the County,
· location of all signs and lighting including a
narrative statement as to the type, character, and
dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (£IS), as required by
Section 3.8. of the Land Development Code (LDO).
d. Whether or not an EIS is required, two copies of a
recent aerial photograph, (taken within the previous
twelve months), minimum scale of one inch equals 400
feet, shall be submitted. Said aerial shall identify
plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida
Department of Transportation Land Use Cover and Forms
Classification System.
9
MAY 1 2 1998
e. Statement of utility provisions
attachments and sketches);
(with all required
f. A Traffic Impact Statement (TIS), unless waived at the
pre-application meeting;
g. A historical and archeological survey or waiver
application if property is located within an area of
historical Or archaeological probability (as identified
at pre-application meeting);
h. Any additional requirements as may be applicable to
specific condiCional uses and identified during the pre-
application meeting, including but not limited to any
required state or federal permits. "
10
MAY 1 2 1998
TRAFFIC IMPACT STATEMENT (TIS):
A TlS is required unless waived at the pre-application meeting.
The TIS required may be either a major or minor as determined at
the pre-application meeting. Please note the following with
regard to TIS submittals:
MINOR TIS: Generally. required for conditional use (and rezone)
requests for property less than 10 acres in size, although based
on the intensity or unique character of a petition, a major TIS
may be required for petition of ten acres or less.
MAJOR TIS: _Required for all other conditional use (and rezone)
requests.
A minor TIS shall include the following:
Trip Generatdon: Annual Average Daily Traffic
(at buildout) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
Trip AssiGnment: Within !~dius of Developmen! Influence (RI)I)
Existing Traffic: Withh RDI
AADT Volumes
PSDT Volumes
Level of Sec'ice (LOS)
Impact of the proposed use on affected major thoroughfares, including any anticipated ch~Ges in level of
service (LOS).
Any pr?posed irnprovem~ (to the site or the external right-of, way) such ss providing or elimi~ing an
i~gress/¢Gress point, or providing rum or d¢cel l~ne$ or other/mprovemen~.
Describe any proposal to mitigate the negative impacts on thc ~'anspor~fion system.
For Rezont~ Only: State how this request is consistent with the applicable policies of the Traffic
C/rc~lalion £1ement(TCE) or' the Growth ManaGement Plan (GMP), including policies 1.3, 1.4, 4.4,
$.1,$.2, 7.2 ~nd 7.3.
A Major T~S shall address all of the items listed above (for a Minor TIS, and shall tlso include an analysis of
the followinG:
3.
4.
5.
6.
lntcnection Analysis
Back~otmd Traft~¢
Furum Tm~c
Through Tra~¢
Planned/Proposed Roadway Improvements
Proposed Schedule (PhasinG) of Development
11
MAY ! 2 1998
· P'~.= .,~....
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for
submittal in conjunction with a conditional use or rezone
petition:
~rip Generation: Provide the total traffic generated by the
project for each link within the project's Radius of
Development Influence (RDI) in conformance with the
acceptable traffic engineering principles. The rates
published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall
be used unless documentation by the petitioner or the County
justifies the use of alternative rates.
Trip Assi~%ment: Provide a map depicting the assignment to
the network, of those trips generated by the proposed
project· The assignment shall be made to all links within
the RDI. Both annual average and peak seasonal traffic
should 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
RDi.
Level of Service (LOS): The LOS of a roadway shall be
expressed in terms of the applicable Collier County
Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
Radius of Development Influence (RDI): The TIS shall cover
the least of the following two areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed
project on the major thoroughfares exceeds one percent of
the LOS "C".
Land Use Distance
Residential°-'''''**°''****5 miles or as required by
DRI
Other (co~,ercial, industrial, institutional, etc.)
12
MAY I 2 1998
Pg., ,.~.'-,~
0 - 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. Ft.*******5 Miles
· *****************'5 Miles
400,000 & up
In describing the RDI the TIS shall provide the measurement
in road miles from the proposed project rather than a
geometric radius.
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).
J
10.
Background Traffic: The effects of previously approved but
undeveloped or partially developed projects which may affect
major thoroughfares within the RDI of the proposed project
shall be provided. This information shall be depicted on a
map or, alternatively, in a listing of hose projects and
their respective characteristics.
Future Traffic: An estimate of the effects of traditional
increases in traffic resulting from potential development
shall be provided. Potential development is that which may
be developed maximally under the effective Future Land Use
Element (FLUE) and the Collier County Land Development Code.
This estimate ~hall be for the projected development areas
within the projects RDI. A map or list of such lands with
potential traffic impact calculations shall be provided.
Through Traffic: At a minimum, 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.
Planned/Proposed Roadway Improvemmnts: All proposed or
planned roadway improvements located within the RDI should
be identified. A description of the funding commitments
shall also be included.
13
MAY ! 2 1998
Project iPh&sin~: When a project phasing schedule is
dependent upon proposed roadway improvements, a phasing
schedule may be included as part of the TIS. If the traffic
impacts of a project are mitigated through a phasing
schedule, such a phasing schedule may be made a condition of
any approval.
14
MAY .I. 2 1998
·
~TAT~-Mi~NT OF UTILITY PROVISIONS FOR CONDITIONAL.USE REQUEST
NAMiI OF APPLICANT: Klm Patrick Kobza, Treiser, Kobza & Volpe, Chartered
MAILING ADDRESS: 4001 North Ta=iami Trail, Suit · 330
:
CITY Naples
ZIP34103
ADDRESS OF SUBJI~CT PROPERTY (IF AVAILABLE):
4. LEGAL DESCRIPTION:
Section: 28 Township:
Lot: 3,4,5,6 Block: 248
Plat Book 5 Page #: 135
Metes & Bounds Description:
Range: 26R
Subdivision:Golden Gate
Property I.D.#:
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable
system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEH ~
PROVIDE NAME Florida Cities Utilities
d. PACKAGE TREATMENT PLANT []
(GPD capacity)
e. SEPTIC SYSTEM ~
e
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAMiE Florida Cities Utilitie~
d. PRIVATE SYSTE/d (WELL)
15
MAY 1 2 1998
TOTAL POPULATION TO BE SERVF. D: 7 Capita
PEAK AND AVERAGE DAILY DEHANDS:
9. WATER-PEAK 0.4 0al/miq
10. SFWER-PEAK0.4 gal/min
AVERAGE DAILY 140 gal/da~
AVERAGE DAIL~'140 gal/day
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLF_%SE PROVIDE THE DATE SF. RVICE IS EXPECTED TO
BE REQUIRED: N/A
10.
NARRATIVE STATEMENT: Provide a brief and concise narrative
statement and schematic drawing of sewage treatment process
to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds
are to be used, then percolation data and soil involved
shall be provided from tests prepared and certified by a
professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If 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 water distribution and sewage collection
'facilities within the project area upon completion of the
construction of these facilities in accordance with all
applicable County ordinances in effect at the at time. This
statement shall also include an agreement that the
applicable system development charges and connection fees
wil'l be paid to the County Utilities Division prior to the
issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the
water and sewer systems.
12.
STATF. MENT OF AVAILABILITY CAPACITY FROM OTHER PROViDERS:
Unless waived or otherwise provided for at the pre-
application meeting, if the project is to receive sewer or
potable water services from any provider other than the
County, a statement from that provider indicating that there
is adequate capacity to serve the project shall be provided.
16
MAY 1 2 '1998
AFFIDAVIT
Anu L. P~uzoli
Weit, Virmil A. ~ouzoll. Jr. aud / beino first duly sworn, depose and say
that w~/~ am/are the owners of ~he proper~y described herein and which
subJec= ma,=er of ~he proposed hearing; that all the answers to ~he ~es~ions
in this applica:ion, including the disclosure of interest info~ation, all
sketches, data, and other supplementary ~tter attached to and made a par~ of
this applica~ion, are hones~ and true to the best of our knowledge and
We~ understand ~hat the information .~equested on this application must
complete and accurate and fha: the content of ~his fo~, whether
~enerated or County printed shall not be altered. P~lic hearings wi%~
advertised un[il this application is deemed complete, and a[[
info~a:lon has been submitted. W~ further pe~i[ t~i~ned to
~.L. P~zoli, T~s~ee .N~E OF OWNER (Pr~n~ o~ type~ .... ~GN~URE~ OF~~~OW-- ' ~ ' ~- NE~
NAME OF AGENT (Print or type)
SIGNATURE OF AGENT
State of Florida
County of Collier
The foregoing Application was acknowledged before me this
~/DL- day of Januar7. , 1998 by Virgil A. & AnnL. Po~zol~
who ~ personally known to me or wh~ has produced id~/-~)
are as identification and who did
take an oath.
SEAL
NOTARY PUBLIC
Serial/Commission
My Commission Expire~: "
A.g£J. davl%
17
'AFFIDAVIT ,
that v~ ...... . .... 9h~t IX% tnt ans~e=~ tO ~ ~e~o~
I~bJect mi~to~ Of t~m p~O~OS~a nm&~-~ .....
'..' :.~
~ype,) ~ATU~ OF AG~T
.
S~GNATURE OF AGENT
~ho ls personally known to me or who has produced
SEAL
Name of Nota:y Public}
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COHPL~TED CHECKLIST IS TO BE SUB, fITTED WITH
PACKET !
APPLICATION
· ~ ~J'~. . .. .
T~'~ ..~' =~"~ . m~.'. ~.~ ."
;~!.~:~'-r'. '.: ..... ~I~-. ..... r?'~'~l'~.~'~ NO N/A Yea
~5 7~,lerial~ Photo ~, (~ithlhlitit ~
· "'~'~'. ': · . · '. : ' .~. :~.?~.,%..,t~
~'~:,.areas ,i~fied).~--,,~i, ~}~,~.~i{'. Ye s 10
· ': '.:~ :'.::~.~:'LY" .' · ~"'-:::.~y'.;".'."
:,7.~{~Copi.s of :State. or
'~P "~------- '-t -'~i'~: · .' .~;- ~ ')i= ".~;~*;'~'~ - ....TJ.
~?;~Hi s toric~ ' & ~ ~chae~logical
· . ~.~ '-' ....._ _ _ ~~:..=.?' ...-,- .~....~-, =.: ~...~:.~..~y.,..,] ·
~9:"~' 10 .C~ies =of' Concep~ual.;Site
· ~,.~:~: . · ....... .. ,..~ ..........
-~' ............. --, .... · .... . Yes 10 N/A
-~-.. ~ ' ' · ..' .... -- ....
iO;,'A check ~de out'to th~.Bpard.
''of Coun~ Co=ission~rs 'to. :
.?...:... cover a~lication
',"... .. '' ... Yes 1 N/A
~.~ho.ri:~..~n=/~ r this petition, art.st that ali o~ the
inf~. atl~n~ o~ t~s checklist Is included in this submittal package.
~~~:~,~/~r. /o lnciud, all n.c.ssmry submittal ln,o~.tion ~7
' / / '_ ~e~:)AppVicant si na:ure
O~DXT! }LlCTl /rev. 10/11/~7
MAY 1 2 1998
18 pg._ ~ _
26
27
29
3O
3!
32
39
41
I
4
6
10
I!
RESOLUTION
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A USED CAR LOT CONDITIONAL USE '4~ IN THE
C-4 ZONING DISTRICT PURSUANT TO SECTION
2.2.15.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 2e, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, :he Legislature of the State of Florida in Chapter
13 67-1246, Laws of Florida, and Chapter 12S, Florida Sta:utes. has
14 conferred on Collier County the power to establish, coordinate and
l~ enforce zoning and such business regulations as are necessary for the
16 protection of the public: and
17 WHEREAS, the County pursuan: thereto has adopted a Land
18 Developmen: Code (Ordinance No. 91-102) which includes a
19 Comprehensive Zoning O:dinance establishing reguia:ions for the
~ zoning cf particular geographic divisions o! the County, among which
21 iS the granting of Ccndi:icnal Uses: and
22 WHEREAS, :he Col!let County Planning Co~iss~cno being the duly
~ appointed an~ ::ns::uuued planning board for :he area hereby
24 affecce~, has held a public hearing al:er no:ice as in said
l~ regula:ions made and provided, and has considered the advisability
Ccmditi:nal Use "4" cf Sec%Lin 2.2.15.3 in a C-4 zone for a used car
!o: on :he pr:per:y ~ereinaf:er described, and has found as a ma:tar
of fac: (~xhi~:: *'A"~ :ha: sa:islet:cry ~rov:s~on an~ arrangement
have been nade concerning all applicable ~a::ers required by said
regulatlc~s and in accordance with Subsection 2.T.4.4 of the Land
Development C:~e for :he Colifier County Planning Co~miss=on~ and
WHEREAS, ~ll in:crested parties have been given opportunity to
be heard by th:s Board in a public meeting asse,~led and the Board
having considered all matters presented.
NOW, ?~ERErORE e£ IT RESOLVED, BY THE BOARD OF ZONING AP~EA.LS of
Collier Coun:y, Florida
The pe::::on file~ by Kim Patrick Kobza, Esquire
Kobza & Voipe, represen:ing Germain Properties of Co]
wi:h respec: :o :he prcper:y hereinaf:er described as
Exhibi: ~ which is a::ached here:o and lncorpo:
reference here~n
be and the same is hereby approved for Conditlonal Ust
2.2.~5.3 of the C-4 zoning d~strlct for a used cat ~ot in accordance
MAY ! g 1998
Jted by
!
I$
16
2O
2'1
~o
]9
40
41
42
43
45
46
4?
49
5~
58
59
with the Conceptual Master Plan {Exhibit 'C"} and subject to the
following conditions:
The Petitioner voluntarily agrees that if the subject
property is sold, or if the facility ts operated or
managed by an entity ocher than Germain Properties of
Colue~us, Inc., this Conditional Use shall expire.
Outdoor loudspeakers are prohibited.
Pickup and delivery of automobiles by auto transport
is prohibited,
Fencing Is prohibited.
The display of automobiles in the landscape buffer is
prohibited.
The exlsting building shall be renovated and shall
comply with Division 2.8 of the Land Development Code
{except where compliance would require ma]or structural
changes}.
L.g,,.~nq shall comply with Division 2.~ of the Land
Development Code and shall be shielded from rights-of-
way and adjacent properties.
An appropriate portion of native ve~etation shal! be
t~e Land Development Code.
An Exotic Vegeta:=cn ~emoval and Monitor=rig Plan for
Development Plan approval.
10.The buffer along Golden Gate Parkway shall be twenty
fee: in wit:h, inch01ng a five f:ot wide sidewalk.
BE iT FURTHER R ..... =D that this Res:lution be recorded in the
mlnu:es of this Board.
This Resolution aOop=ed after mot:on, second and ma~orlty vote.
Done =his day of , 1998.
BOARD OF ZONING APPF~ALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGMT E. BROCK, Clerk
BY:
BARBARA B. BERRY, Chairman
Approved as to Form and
Legal Sufficiency:
Mar3or:e M. ScuOen:
Assistant Coun=y Attorney
*2-
MAY 1 2 1998
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-2
The following facts are found:
Section 2.2.15.3.4 of the Land Development Code authorized
the conditional use.
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 L-w' No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
ccntrol, and access in case of fire or catastrophe:
Adequate ingr~s~ & egress
Yes v No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
I ~,-No affect or Affect mitigated by
- Affect c~nnot 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) be recommended for
approval ~
- t
f/FINDING OF FACT CHAIRMAN/
I MAY1Z19
CU-98-2
LEGAL DESCRIPTION
Lots 3, 4, 5, and 6, Block 248, Golden Gate Unit 7, as recorded in Plat Book 5, Pages
135-146 of [he Public Records of Collier County, Florida.
EXHIBIT 'B"
MAY 1 2 1998
I!
· .-.L_" "
£X1~ZBIT
MAY ! 2 1g~8
GOLDEN GATE AREA CIVIC ASSOCIATION
4701 Golden Gate Parkwny
Golden Gate, FL 34116
,Mttc~ 27, 199~ .". '~ .?':' '.- ~ '- -"
Mr. Retold Nino
Collie' County Pl~nning Depnrtm~t
3301 Tamta~ Tr'~l, ~
N~I~, ~o~ 34112
SUBJECT: CONDITIONAL USE . PETITION CU 98-2 . GOLDEN GATE PARK~¥AY
D~r Mr. Nino,
The above public hearing will be before you, to consider al{owing the current locaGon to be rm/ised
as a *'Conditlontl Use" on C4 propem/.
I under,nd ~s is required, to allow a company to opernte · "used car lot" en this prope,? along
adjoining vacant lc<. '
The Golden Gate Area Civic Association, voice oft~e citizens of Gold~ Gate, ,,vould ask yo~ to
reconsider this request. C-olden Gate Par~,vay is the main thoroughfare into our residential co~r~mnK'y and
a used cat lc~ would not be an a~ to ~e Commun~y. Upea seine investiSatien' it bas been discovered
ther~ are several vacant CS prepertiel located on CR951, 'a4~,re this type of operation should be located.
Over' the past several years the citL~ns of Oolden Gate ~ve been worlcin~ ~y to impro~ their
image. A "used car lot" on our main t~dway, does not ~t tbs crtter~ as a viable business wid~i, the
reskkmial community. I ~eel the eitlzens of Golden Crate would weleeme this b~siness to ~e cemrtmn~,
but censider the business corridor ~ CIL~51 or the indust~l park adjacent to CR35 ! as a more
appropriate location.
We underr~and ~s pr~eny bas been ~cant ~ot some time and would L~ke to see anc~er butine~s
epen, but we are not m agreement e, t~is "conditie~ai use" proposal.
We would ask )~a tale into censider~ion the wishes of the cil~ens o£ Golden Gate ~nd r~-ject this
re~e~ for "ce~ditional use".
Sincerely . .<
C.C:
Michael Davis. Chairman
Planning Ca,remission
Frederick Re~dll
2800 North Horseshoe Drive
Naples, Florida 34104
MAY 1 2 1998
= ,,,
To whom it mw concern:
In reference Io the proposed zoning changes, ~ use ct"~nges, in ~ ~ ~ "~in
~ e~ish ~ir u~ v~e ~les I~ on ~i~n Gale Pa~,~ ~
~; al~ ~ ~ easement in front ~ ~ h~ to ~ ~,~ ~ ~ ~ ~
Glen C. Cunningham
5010 27 ffi Place S.W.
~,~-' .
MAY 1 2 199E~
M~rch 27, 1998
Mr. Fred Reis¢~l
Plam g Devanment
Community Development
2800 Horseshoe Drive
Naples, FL 33942
Re: Petition CU 98-2, Public Hearing 08:30 am April 2, 1998.
I write this let~. ~o iaform you the Code Enforcement Volunteer's of Golden Gate oppose this
reque~ for conditional u.~ of two lots Zoned C- 4, located £ast of 50~ Street SW ~nd We~t of
Tropiclatma Blvd on the South side of Golden Gate Parkway.
A~ I Lmd~d tl~s prol~'ty zoned C-4 can not be used for a used car lot without a conditionai u~e
l~fmiL I have no dour that Germain Automotive would build a nice lot with lancCvcaping md
feacing and etc. However, there is C-5 property available on CR 951 within Golden Gate th~ would
be more ac. ceptable for a used car lot. In addition; what happens when Germain, in the futm'e, for
~ ever rP.,uon decides to sell the property to XXXX Rent a Wreck Used car lot and have a gr~nd
fathered conditione3 u~e authorization. This can be evidenced by the BINGO HALL tha! replaced
the Golden Gate Skating Rink..
As much time and effort plus money that the Golden Gate residents have put into beautifying Golden
Gate Parkway, we certainly don't need a used car lot on the main street of our residential area.
Again. as stated earlier ifGermain desires to have a used car lot in Golden Gate City it should more
properly be sited on available C-$ Zoned property, on CR 951. '
I thank you for your time.
Chairman Code Volunteer's
353-6843
MAY 1 2 1998
po.
EXECUTIVE SUMMARY
PETITION V-98-2, MARGARET H. DUPREY REQUESTING AN AFTER-THE-FACT VARIANCE
OF 5 FEET FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 25 FEET FOR
PROPERTY LOCATED ON THE NORTH SIDE OF SANDALWOOD LANE., FURTHER
DESCRIBED AS TRACT 100, UNIT 35, GOLDEN GATE ESTATES SUBDMSION, IN SECTION
?, TOWNSH~ 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA,
OB3ECTIVE:
This petition seeks an after-the-fact variance of 5 feet from the required 30 fool side yard setback to 25
feet to allow an encroaching ~able to remain as it currently exists.
CONSIDERATIONS:
The purpose of this petition is to seek relief from the required side yard setback dimension of thirty
(30) feet to 25 feet for an existing 31 foot by 84 foot roofed stable area. The subject site is a platted and
conforming lot of record and is zoned "E" Estates. The petitioner states that the two story home and
garag~guest house were constructed in 1991 by a previous property owner with Building Permit #91-
3327. Subsequently, the previous owners constructed several stables on the subject property without
building p;.,its. The roof and supporting posts encroach 5 feet into the west 30 foot setback. The
current property owner states that they were not aware of the encroachment when they purchased the
property.
The encroachment was only discovered when a new property survey was completed. Therefore, a
variance is necessary to allow the current owner to complete the after-the-fact building permits for the
stables at this location. The stables and the other principal and accessory structures currently comply
with all other Estates Zoning setback requirements. It should be noted that a 15 foot variance was
approved by the Board of Zoning Appeals (V-97-17) for a shed for property located at 6831
Sandalwood Lane. There are also other nearby properties on this same street that contain similar
structures with reduced side yard setbacks. However, they were legally constructed (with building
permits) using the less restrictive side yard setback requirement of I0 percent of the lot width which
was in effect at that time the building permits were issued.
It is stalTs opinion that the granting of this variance will not be in keeping with the general intent and
purpose of the Land Development Code. Furthermore, if the original owner would have obtained a
building p;..it when the structure was erected on site, the proper setback would have been enforced at
that time. However, it is unlikely that any detriment to the public welfare would result from its
approval of this variance since there are natural conditions that exist such as the large lot area of the
subject property, which results in the stable being over 90 feet from any other structure on the adjacent
lot. The site is also wooded so that the encroaching structure is screened from the adjacent property. As
a result, the requested variance will not have any adverse impact on the circulation of light ~md air
betxveen structures.
The Colli~r County Planning Commission heard this petition on April I6, 1998 and voted 6 Io 0 to
forward Petition V-98-2 to the Board of Zoning Appeals (BZA) with a recommendation of zpproval.
This recommendation was based on their findings that the ~ncroachment was crated by a previous
prop~ own~ and that lhe encroachment is offset by the o, isting nstursl conditions such as the large
lot ar~ of the subject property which results in the st~le b~ng owr 90 foet from any oth~ stmetur~
'.'..on the sdj~ml lot Lastly, no person spoke in opposition to th~ granting ofthe v~iance.
-:: '":HSCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
,, :~ ~ The proposed variance is consistent with the appliceblc provisions of thc Growth Mana~mcnt Plmi.
"';' ,-~ PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals (BZA) approve petition V-98-2.
PRINCIPAL PLANNER
'CU'] ~ PLANNING SECTION
RO qALD F. NINO, AICP, MANAGER
CURRENT PLANNING SECTION
CrOR
DATE
DATE
DATE
P SERVICES D TMENT
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUN~ DEV. AND ENVIRONMENTAL SVCS.
V-98-2/EX SUMMARY/RVB/rb
2
MEMORANDUM
TO:
FROM:
DATE:
RE:
COLLIER COUNT%' PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
MARCH 16, 1998
PETITION NO: V-95-2
OWNER/AGENT:
Agent:
Owner:
Mr. Gary K. Wilson
4501 Tamiami Trail North
Suite 400
Naples, Florida 34103
Margaret H. Duprey
6461 Sandalwood Lane
Naples, Florida 34109
AGENDA ITE~
7-D
REOUESTED ACTION;
The petitioner requests an after-the.fact variance of 5 feet from the side yard setback reqt~irement
of 30 feet to 25 feet to allow an encroaching stable to remain as it currently exists.
GEOGR~,PHIC LOCATION:
The property fronts upon the north side of Sandalwood Lane and is further described as Tract
100, Unit 35, Golden Gate Estates, in Section 7, Township 49 South. Range 26 East. (See
illustration following page).
PURPOSE/DESCRIPTION FOR VARIANCE;
The purpose of this petition is to seek relief from the required side yard setback dimension of
thirty (30) feet to 25 feet for an existing 31 foot by 84 foot roofed stable area. The subject site is
a platted and conforming lot ofrecord and is zoned "E" Estates. The petitioner states that the two
story home and garage/guest house were constructed in 1991 by a previous property owner with
Building Permit #91-3327. Subsequently, the previous owners constructed several stables on the
subject property without building permits. The roof and supporting posts encroac
£XHI~IT "~"
!!1I~
MAY 1 2 B98
west 30 foot setback. The current propew,.' owner states that they were not av,'are of the
encroachment when they purchased the property.
The encroachment was only discovered when a new property survey was completed. Therefore. a
variance is necessary to allow the current owner to complete the after.the.fact building permits
for the stables at this location. The stables and the other principal and accessory structures
currently comply with all other £states Zoning setback requirements. It should be noted that a 15
foot variance was approved by the Board of Zoning Appeals (V-97-17) for a shed for property
located at 6831 Sandalwood Lane. There are also other nearby properties on this same street that
contain similar s'm~ctures with reduced side yard setbacks. However, they were legally
constructed (with building permits) using the less restrictive side yard setback requirement of 10
percent of the lot width which was in effect at that time the building permits were issued.
SURROL.rNDING LAND USE AND ZONING:
Existing:
The site currently contains an existing single family dwelling,and detached stables
and is zoned Estates.
Surrounding:
North- Single-family; Zoned: "E" Estates
East - Single family; Zoned: "E" Estates
West - Single family; Zoned: "E" Estates
South- Sandalwood Lane & Single family; Zoned: "E" Estates
GROWTH MANAGEMENT PLAN' CONSISTENCY:
The requested variance does not have an.,,' impact on this prope~"s consistency with the ~ounty's
Grov,'~h Management Plan.
EVALUATION FOR
INFRASTRUCTURE:
ENVIRON.MENTAL.
TRANSPORTATION AND
Approval of this variance request will have no effect on infrastructure, transportation or the
environment.
Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals
(BZA) to grant variances. The Planning Commission is advisory, to the BZA and utilizes the
provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the
Commission in making a determination. Responses to items in this Subsection are as follows:
ae
Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land. structure, or building
2
MAY ! 2 1998
_..._~.g.
be
Yes, the stables were constructed by the prr,'ious property owner and the encroachment is
not the result from any action by the applicant. In addition, the current owner states that
the portion of the stable that is encroacIfing into the required side yard comprises a
portion of the grooming area. T~e grooming a~ea must be as big as it now exists in order
to insure the safety of the trainer and groomers. Reducing the grooming area by $ feet
would endanger the groomers by reducing the amount of available space between
themselves, the horses and the structure. Lastly, the existing extensive vegetation has the
added benefit of screening the stable from the adjacent property owner.
Are there special conditions and circumstances which are not the result from the
action of the applicant such as pre-ezistfng conditions relative to the property which
fs the subject of the variance request?
Yes, the encroacl'fing stable was built by a previous property o~er before the Petitioner
took title or possession of the subject propen),. In addition, the stable is constructed with
large support posts/beams and has a concrete floor, therefore, it ,,~ould be difficult to
move or relocate the structure. Furthermore, due to the large land 'area of the Estates
district, the structure is over lO0 feet fi.om any structure on the adjacent propert),,
Co
Will a literal interpretation of the provisions of this Land Development Code work
unnecessary and undue hardship on the applicant?
A literal interpretation of the Code would require that the stable to be moved or modified
to meet the 30 foot setback requirement thereby allowing the building permits to be
issued. Moving the stable would be a problem since it is constructed on a concrete pad
and has large posts supporting the roof. Furthermore, the petitioner indicates that
removing $ feet from the stable v.'ould endanger the groomers by reducing the a~ount of
available space between themselves, the horses and the structure.
Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land. building or structure and which promote standards of
health, safe~, and welfare?
Yes, the structure is existing and is the minimum variance required to bring the existing
structure into compliance with the requirements of the Land Development Code.
eo
Will granting the variance requested confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in
the same zoning district?
Yes, the granting of the requested variance '.,,'ill allow the petitioner to have a structure
closer to the side property line than is currently required by the Estates zoning d/strict.
however, all variances elTectively do this. ,:O~.
MAY I 2 1998
Will granting the variance be in harmony with the general Intent and purpose of
this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
In the opiMon of staff, the granting of this variance 9.'ill not be in keeping with the
general intent and purpose of thc Land Development Code. However, it is unlikely that
any detriment to the public welfare would result from its approval since the existing
structure is 25 feet fi.om the side lot line. In addition, due to the large lot area of the
~b. ject property, the encroaching structure is over 100 feet fi'om the adjacent dwelling.
Staff is of the opinion that the stable will not have any adverse impact on the circulation
of light and air between structures. Furthermore, there are other nearby properties on this
street that contain similar structures that were constructed (with building permits) using
the 10 percent of the lot width setback requirement. Today, th~se pre-existing strt~ctttres
are deemed to be legal non-conforming structures. As a res~zlt, the granting of this
variance w/Il not be injurious to the neighborhood.
Are there natural conditions or physically induced conditions that ameliorate the
goals and objecth, es of the regulation such as natural presen, es, lakes, golf courses,
etc.."
Yes. The existing structure only encroaches 5 feet into the required 30 foot side yard
setback. In addition, the area is thickly wooded which screens the stable from the adjacent
property. Since the stable is over 100'feet from another structure on an adjacent lot, it will
not cause any adverse impact on the circulation of light and air bet'ween structures.
Will granting the variance be consistent with the Growth Management Plan.4'
The granting of the requested variance will not affect or change the requirements of the
Grog-th Management Plan.
In summaD., the existing side yard encroachment will not adversely impact the light/air
circulation or visually impact [he adjacent property. The encroachment will also not block
site distance and/or create other s:qe~, concerns that would necessitate a minimum 30 foot
side yard setback. As a result, the structure will not be injurious or otherwise detrimental
to the adjacent land uses. Since, the existing encroachment is the result of the previous
owner's failure to obtain a building permit, staff is of the optnion that special conditions
and circumstances exist which are not the result from the action of the applicant.
STAFF RECOMNI£NDATION
Staff recommends that the Collier County Planning Commission forward Petition V-98-2 to the
Board of Zoning Appeals with a recommendation of approval due to the fact that the existing
side yard encroachment was not created by the applicant and the encroachment wil not adversely
impact the light/air circulation or visually impact the adjacent property. .
MAY 1 2 1998
_
PREPARED BY:
~vqEW ED B~
RbN~ ~O. ECP, ~E~M M~NAGER
~NT PL~'G SECTION
]. ~HERE, ~CP, DI~CTOR
~C~NT A. CAUTERO..~M~ST~TOR
CO~L~I~ DEV. AN~ E~IRON~iENTAL SVCS.
P~ition Number V-9S-2
StaffRepon for April ] ~. 1998 CCPC me~fing.
COLLIER COLLNTY PLAN,"N~ COMMISSION:
MICHAEL A. DAVIS. CHAIR.\IA.\'
V-98-2~ST,\FF REPORT R\'B rb
DATE
DATE
DATE
MAY 1 2 1998
VA.RIA~CE PETITION
{VA3~IA.NCE FROM SETBACK (S)
REQUIRED FOR A PAATICULAR ZONING DISTRICT)
PETITION NO.
PROJECT PLANNER
DATE PETITION RF. CF..XVF..D
£~/ ~.~.'~.~.,
()~BOVE TO BE FILLED IN BY STAFF)
P-..~.ONER S NAME Margaret ~. Dupw~y:
PETITIONER'S gDDRESS _646a _~=_~?_a!s._~3~_- *~_.-e, Napl,~: ?ln'r'tr,~ ~41~q
· . ,
TELEPHONE 941-513-9491
AGENT'S ADDRESS Gary K. Wilson, ~sauire: 4501 .T. amta.mt T~"~{1 North,
Suite 400, Naples, FL 34103 TELEPHONE 941-263-8898
SU=7~iViSiCN SECT' &:; TWP.
12f ie=a!, descr:pt~.cn ~s ienc....:, .... ..-.' ~ metes & Douncs
descrip~Icn, a~tach addit:onal page) See Exhibit "A"
CURRENT .....
-'-ON,,,~ OF SUBJECT PROPERTY Estates
EXISTING L,.~;D USE ON SD-BJECT PROPERTY single family dwelling, -guesthous¢
~"tables
....... = & L~:_ USE '
Estates residential
Estates residential
Estates residential
Estates residential
FRONT:
SIDE:
REAR:
MINIMUM Y~D REQUIREMENTS FOR SUBJECT PROPERTY
75 feet CORNER LOT:~ (CIRCLE ONE)
30 feet WATERFRON LOT: ~YES (CIRCLE ONE)
75 feet
MAY ! 2 1998
EXHIBIT "A'
LEGAL DESCRIPTION
The Ea~ 180 Feet of Tract 100, 6olden Gate Es~tes, Unit 3S, in accordance with and subject to
,,he plat recorded in Plat Book 7, Page 8S, ofthe Public Rccords of Collier Count., Florida;
and '
The West 150 feet of Tract 100, Golden Gate Estates, Unit 35, in accordance.with and subjec! to
the plat recorded in Plat Book 7, Page 85, of the Public Records of Collier CoUnty, Florida.
MA/' I ~ 1998
NATLULE OF PETITION
Provide a detailed explanation of the request including what
structures are existing and what is proposed; the amount of
encroachment proposed using numbers, i.e. reduce front setback
from 25' to 18'; when property owner purchased property; when
existing principal structure was built (include building permit
number if possible); why encroachment Is necessary; how existing
encroachment came to be; etc.
A two-stors_~_~_~e family dwelling and garage/guest were constructgd
in 1991 on the p.__roperty by the owners, Ronnie and Aileen Wallace
% ---------
(permit #91-3327). Subsequently, (the exact t~ming of which is unkno%
to Petitioner) but prior to Petitioner's ownership, the Wallaces or
subsequent owners (either Robert Hord, Sr. or Jerry &Rosa]le
Beachler) constructed several stables on the subject property. Two of
these stables slightly encroach onto the West 30' setback.
Petitioner requests a variance reducing the minimum side yard'---
requirement (for the west side of the property, only)
from 30' t~
25'.
Please ncce that sca~~ and --~ "-i :=- Ccunt" ?farm;n: Come, ss:on
s~ai~ ~_ g,-ded in their reccr~enca-;cn tc the Board of Zon]ng
Appeals, and that the Bc~rd ,~f 2cn~n~ Asrea!s shall De gu!de~! .:~
i~s Cetermination to app:ove ;r den':, a var&ante Pe%:;ion by thc
below listed criteria (1-6). (Please address this criteria usin¢~
addit:onal pages ~f necessary.~ .
I. Are there special cond;;;cns ant circumstances existing
which are peculiar to the !ocat~on, size and charac:er~stlcs
of the land, structure, cr bu~l~ng involved.
That portion of the sta~hles that is encroachin~ on the side yard c~,~ises
a portion of the groc~ng area. The gr~ng area must be at least .as ~lg as
it is now to insure the safety of the g~s. Reducing the ~ .area
(even by as little as the stables encroach on the side
the 9~oc,-.ers by reducing the amount of available space betwe
horse and the structure.
MAY 1 Z 1998
Are there special conditions and circumstances which do not
result from the action of the applicant such as pre-exist:ng
conditions relative to the property which is the subject of
the variance request.
Tne encr°achir~stableswerebuiltbeforethePetiti~nert_~3ktitleor
_possession of the subject property.
;;ill a literal interpreta~len cf the provisions cf this
zoning code work unnecessary and undue hardship or create
pract:cal difficulties on the applicant, t
.%
~ii! ~ne variance .~ ~
, -- :ranue~, ~e ~ne mznz~um variance that
will make possible ~he re~so~!~ ~se cf ~e land, building
.... u.. and ~,~nlcn rr-m~'e s'anaar~s c: health, safety
or welfare.
Yes
;;ill gran~lng '-he '.'ar:anc~
petitioner any spec'al pr':'iie~e tna~ is cer,'_ea _: ~hese
zoning regulations ~o o~her lands, buildinos, or structures
in the same zoning
NO
MAY I ]998
P~. _/.~
Will granting the variance be ~n harmony with the in=eh= and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise de:rlmental to the public
welfare.
Yes.
Are there na:ural ccnd'.:i.&ns :r PhYS:cally 'induced
conditions that ameliorate :he goals and o?.)ectives of the
regula-!on s'.~ch ac r.a~ura-
etc. ' ......... lakes, colf course,
NO.
Will granting the :'ariance t.e consis~en~ with the crowth
management ~ian. .
Yes.
AFFIDAVIT
e
the property described herein and
which is the sub)ect matter of the proposed hearing; that al/ the
answers to the questions in this application, and al/ 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. ! understand this application must be
completed and accurate~before a hearing can be advertised.
further permit ~Es~uire !
· CAGENT'~? to act as my
representative in any mar:ers regarding this Peri:ion.
£%a:e of F!or!da ~NATURE OF
County of Collier
?he..f°reg°in9 Agreemen: £~ee: was a k · . .
~ day cf ~ ~ ........ i'~°wlecgea oefore me
~%~-%Ju---~-'~'=s !cen[ifica, ..... ~ . _ . ur WhO ~as produce -
Stare of Florida
Ccun:y of Collier
The foregoing Agreemen: Sheet
~ day of ~tu,~..1 was acknowledged before me this
, 199~ by~
--------, who.ise~onal/~v know~ to me or o has produced -
_ _ as ldentiflcat~on'~nd who C:d (dld nc:; rake an oat~.
5
'~..:' ! ANC£ APPL: CATZ ON/mc~
MAY I 2 1998
RESOLUTION NO. 90-
R£LATiNG T~ P-TI..ON Nb."~..=£R
FOR A VARIANCE ON PROPERTY ~.EREINAFTER
DESCRiB£D iN COLLIES COUNTY, FLORIDA.
t W~E~.L=.S, the Legislatu:e of the $=ate of Florida
~ Florida Statures, has confer=ed on all counties in Florida the power to
Io establish, coordinate and enforce zcni~ and such business regulatio~s
tx as are necessary for ~he pr~tection cf the public~ and .....
WHEa~A$, the County pursuant thereto has adopted · Land
13 Development Code (Ordinance No. ~1-102) which establish&s-~gulacions
14 fo~ the zo~xng of a~,~ . '
part..u.a, geographic dlvi~ions of the County, among
WMEREA$, the Board c~ Zoning AppeaLs, being,~he duly elected
x? constituted Board of the area hereby affected, has held a public
~ hear:~? after ncti~e as i~ said regulatxcns made and'provided, and has
~ c~nsi~eref the a~':Isa~i'i~y cf a 5-f~=t after-the-fact variance from
:c the re~u!re= 3: f::: si~e yard setba:k to 25 feet as shown on the
2: attache: -!:t -l_=, rx~.- ~A", in an 'E" Estates zone for the
24 a::ii-=~'~ matters r.~ul:.~ hy ·
....... o . said regulate:ns and in accordance with
........ =..- ':nan- Kerulatlons cf sai~ Land DevelOpment Code
34 P::perty ~ere:nafter des:rl~e~ as:
=a · -, o. ~' - ..... Re:¢r:s :f Collier County,
40 f::~ t~e re~u::e: 2C f::: si~e yar: set~a:k t: 2~ ~et o~lM~c~cn
MAY 1 2 T998
whereon sai~ ~r=perty ia located, sub~ect to the f=l!owin~ con=Itions:
The varlan=e ia only for =he en::cach~en~ depxc=ed on the
a~ache~ site plan.
BE IT RESOLVED that this Resolution relating to Petition Number
V-9~-2 ~e r!:o:~el in the minutes of :h£s Boar~.
This ~esolut£on a~opte~ after motion, secon~ and majority vote·
Done this ~ay of °
_, 199~.
1s
2~
20
~3
ATTEST:
~2~HT E. B~.OCK, Clerk
COLLIER COUNTY,
BARbArA B. B£R~¥, Chairman
A~pr:':e= as :~ F=rn and Legal Sufficiency:
-2-
~A¥ 1 2 T9~8
Pg.- ]? ....
I
I
I
I.
I
I
I.%
EXHibIT
I
MAY Iz 2 1998
EXECUTIVE SUMMARY
PETITION A-98-1, MR. AND MRS. JOHN FRATZIS AND MR. JEFFERY C, KROZEK
REQUESTING AN APPEAL OF THE COLLIER COUNTY PLANNING COMMISSION'S
APPROVAL OF A BOAT DOCK EXTENSION APPROVED ON MARCH 5, 1998, FOR
PROPERTY LOCATED AT 80 SOUTHPORT COVE IN LELY BAREFOOT BEACH
PUD AND FURTHER DESCRIBED AS LOT 10, SOUTHPORT ON THE BAY UNIT
ONE.
~ The objective of this administrative appeal is to determine whether the
Collier County Planning Commission, in approving BD-98-1, properly applied the
provisions of Section 2.6.21 of the Land Development Code (LDC) in this case, and
further, based their decision on substantial competent evidence.
CONSIDERATIONS: On February 19, 1998, the Collier County Plannin0 Commission
heard a boat dock extension petition (BD-98-1) applied for by Mr. Miles Scofield
representing Mr. Donald Churilla. The CCPC continued the headng and requested that
the applicant modify the design of the dock. On March 5, 1998 the Collier County
Planning Commission reviewed the revised plans and granted the requested extension.
Collier County Land Development Code allows boat docks/boat combination with a
maximum protrusion into the waterway of 20 feet for waterways measuring more than
100 foot in width. Additional length/protrusion beyond the allowed 20 feet requires a
boat dock extension petition approval by the CCPC.
The subject property is located on Little Hickory Bay, which is a wide body of water. The
boat docking facility as approved will protrude 35 feet into the waterway.
The Collier County Planning Commission reviewed this petition on March 5, 1998 and
by a vote of 8-0 approved the request.
Attached to this report is a copy of the verbatim minutes of the CCPC meeting.
FISCAL IMPACT;
There is a $200 application fee for this appeal which is deposited in Revenues in Fund
113, Cost Center 138900.
GROWTH MANAGEMENT IMPACT;
None.
STAFF RECOMMENDATION_. That the Board of Zoning Appeals review and determine
whether the Collier County Planning Commission properly applied th(
Section 2.6.21 of the Collier County Land Development Code as they a
BD-98-1.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
D,I~Y:
LD F. ~l~ld, AICP, MANAGER
CURRENT PLANNING
DATE ' '
DATE
OBB~T J. MULHERE, AICP, DIRECTOR
PLANNING~SERVICES
,.
DATE
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
2
Vincent Cautro
Development Services Administrator
· 2800 North Horseshoe Drive
,. ~ples, Florida 34104
· Mr. Cautro,
field
i,
March 9, 1998
Enclosed please find a check for $200.00 to start an appeal process,
and a letter to the Planning Commission dated February 4, 1998.
This is to advise you that on the following petition, Jeffrey C. Krozek,
homeowner at lot 8, has decided to appeal the following petition,
in conjunction with, John and Maryann Faratzis, homeowner at lot 9.
RE: Petition No. BD-98-01.
The approval of this petition on March 5, 1998 by the Collier County
Planning Co~nission was made hastily, after a continuation of the
Pebruary 19, 1998 meeting.
The recomendations made by the Planning Commission on February 19, 1998,
where not totaly adhered to on the revised drawing submitted on March 5,
1998. The dock on the approved drawing is 8 feet wide, the previous drawing
is 4 feet wide, the approved dock is double the width it should of been.
Secondly the east boat hoist should only be 20 feet into the water, the
approved drawing shows the east hoist at 30 feet into the water.
The Planning Commission approved the petition only after asking Miles L.
(representing Donald M. Churilla) if the drawing is within the
lidelines of a boat dock extension. Which Mr. Scofield replied it does
ch is on record. ,
A review of the guidelines along with the approved drawing, will demonstrate
the grossly excessive size, 2 boat hoist along with a dock =hat is out into
the waterway 35, on basically small 80 foot residental lot, is an abuse of
the established guidelines, for Donald M. Churilla own gain at the cost of
the safety for all others.
Mr. Scofield and Mr. Churilla refer many times to my 32 boat dock extension
for their approval by the Commission. The Commission failed to realize that my
extension was to add a boat hoist to an exisiting 18 foot dock.
The 35 feet of wood dock into the waterway should have been approved at 18
feet because it is not based on a water depth problem, but a 2 boat size
problem. The Planning Commission should have addressed this due to the fact
all other wood docks in the area are only 18 feet into the waterway, unless
at the rare occassion at 18 feet the depth of the water is to shallow for
a boat to dock.
Your anticipated cooperation is greatly appreciated,
MAY 1 2 1998
March i?, 1998
~ncer~ C:autro
Development Servi~ Admi~str~to~
2~00 North Hors~hoe Derive
Naples, Florida 34104
Dear Mr. Cautro:
Please accept this letter u formal notification tl~t in conjuction with ]effe~'7 C. Krozek we are appealin~ the
approval of'pt'tifion number BD-98-0].
On February. 19, 1998 my wife, Mary. ann, spoke at a planning commission hearin8 regarding the
~orernenfioned petnion. At that time s~e expLfined our objeclion~ to our nexl door neighbors' proposed
~mcture. The commis,~ion listened ~ directed the petitioner. Don Churil~ to ahtr his plans and n~opeat
before the commission on Mm'ch ~, ] ~gs.
On March 4. 1998 we received a copy oflhe rc~,'isc'd plans That same day ! authored a letter ouflinin~ our
objections to the re~.ised plans and faxed it to the attention ofCharam Badarntohian. ! also taxed a copy to
my other next door neighbor, Jeffrey C. Krozek The letter ! faxed Mr. Bada~ohian did not reach his desk
in time to be subrn~t~ed at the 8:30am March Sa meedn8. The letter ! faxed Mr. ICtozek was hand car~ed by
him and delivered to Mr Badarmohlan at the beginning ofthe hearing The letler was entered into the
record, but was never read by anyone reviewLn8 the petition. Both Mr. Badan~ohian and Mr. Krozek
confirmed that my letter was not read As the next door neighbor who is 8oin8 to be sisnificamh/ impacted
by this monstrous s~ructure, I was shocked to learn my opinion was never considered
To further confused the mat~er, the petitioner, Mr. Churilla, perjured himself'at the ,March 5~k hearing by
representing that he had spoken to me and my wit'e and we had no objections to his revised plans. Not only
are we opposed to his plans, but we never spoke to him about his reused plans Attached please find a cop).
o£relevtnt p~tes of the hearing transcript with pertinent tea highlighted indicatin8 where Mr ChurUla
perjured himself'
Had the commission taken just a few rrdnutes to read my le~er they would have know we are opposed to his
revised plans Please find a copy of that letter a~tached.
Consid~n8 that our opinion of'the revised plan was never heard and the petitioner willfully and knowin.ely
m~srepresented our poshion to the board, we respectfully submit the variance for petition BD-9~-0] be
revoked and the mat~et more ca,,'efully reviewed. This time sJlowin8 us an opportune, to voice out
objections to the revised plans.
Please We this appeal special consideration, this is an important issue for our community. The apprm'al of
the re'it, ed plan will set precedent, forever changing the nature and cl~raeter ofour con~nunity, in addition
to endangering the live~ ofboater~ just so one man can have a patio in the water.
Bonita Springs. Rorida
ir.,.,c/s IV. / Z , ?
MAY ! 2 1998
ECE VED
~ 4, 1998
MAR ] 7 Igg8
Collier Coun~ Current Plannin$ Section
Development Services Build/ns
2800 North Hor~h~ Drive
Eut Naples, Florid~ 34104
Dear Pl~ng Corem/ss/on:
PLANNING 8E.~
A 98-1
I ~n wri6ng in real3onaa to · recently received correspondence from petitioner, Don
~ In this corTCSpondence Mx. ChurilLt detaiis plans for · boat dock with two hoists
protruding from lot ] 0 in Southport Cove, Bonita Springs. The matter before the board is
referred to u petition number BD-g8-1.
As the owner of lot 9, in Southpon Cove, Bonita Springs, I am Mx. Churilla's next door
neighbor. After reviewing the plans for the proposed dock and hoists I've arrived at the
conclusion the structure is excessive, would present a safety hazard, increase shore
erosion and approval would set dangerous precedent that would forever alter the chara~er
and nature ofthe community.
In the documentation I received from Mr. Churilla his drawing shows the proposed
structure extending thirty five feet from the Mean High Water line (MHW). Approved in
its current form, I believe lot tea's dock, would extend more than fiiy feet from its'
traverse line. Plat book 15, page 52 ofthe subdivision map of Southpon on the Bay
reveals that unlike most other properties in the subdivision, lot tea's MHW line extends at
least fifteen feet from the traverse line. I bring up this point to clarify precedent. MX.
Churilla represents there are existing docks extending over thirty-two feet from the MHW
line, but unlike lot ten, those properties MHW lines are virtually identical to the traverse
lines. In the documents provided by MX. Churilla we are comparing apples to oranges.
Given this anomaly, I am interested in knowing exactly how far from lot tea's traverse llne
the dock would extend so we can compare apples to apples. I would find a dock that
extends 32 feet from the traverse lin: in conformity with existing stmtures and
considerably less objectionable.
I also believe the width ofthe propo~xl dock to be excessive. At eight feet wide, the dock
might also serve as · patio complete with lounges, chairs, tables and umbrellas. The dock
is proposed at four feet wide through the conservation area, a continuation ofthat width
to the end should be ample to accommodate any boater's needs.
In its proposed contiguration the dock would repre~-nt a ~afety hazard. I enjoy ~itting in
back ofmy home and watching the considerable ho·t traffic. In addition to the residents
on the cove, the waterway aisc serves the beach front owners who have their boats
docked offofLely Beach Boulevard. Given the width of the waterway and the excessive
length ofthi$ dock, two-way boat tra~c would be very tight. A slight miscalculation could
result in · serious accident with either two boats colliding or someone crashing into the
dock.
In an attempt to avoid the proposed dock, I expect boaters wiII navigate closer to the
Southern shore of the waterway. Being closer to the shore, their wakes will be stronger,
leading to accelerated erosion ofthe Southern bank. As I have observed, with the existing
Itructures boaters navigate in the middle of the waterway, allowing their wakes to
dissipate before they reach shore. Status Quo would have a neutral effect on erosion.
As Mr. Churilla's next door neighbor the dock would cause a hardsMp. His proposed
dock would make navigation to our existing dock near impossible. We would ~'~need to
reconstruct our dock so that it duplicated his configuration, forcing us to apply for the
same variance we now oppose.
Right now Southport is · carefully planned and controlled residential area that affords all
property owners the opportunity to appreciate and enjoy nature's beauty. Development of
the area has been done smartly, with restraint and respect for nature. In their wisdom, the
Collier Planning Commission established these rules to protect the waterways. Extending ·
two hundred and eighty square foot structure in the middle of the water would represent
an intrusion on nature and a dramatic philosophical departure for the commission. The
precedent would forever change the character of the area. It would only be · matter of
time before other property owners decide they too want a fifty foot dock. Eventually this
carefully planned residential community would take on the air cfa marina with houses
attached. I implore the commission to respect the wisdom of the existing regulations,
maintaining its philosophy regarding restrained and reasonable development with an eye
towards preserving the natural integrity and beauty of the area.
82 Southpon Cove
Bonita Springs, FL 34134
I~A¥ 1 g 1998
"0
AG~:~DA Z~'~'I 7-A
TO:
FROM:
DATE:
MEMORANDUM
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DMSION
January 22, 1998
RE: BD 98-1
AGENT/APPLICANT:
Agent:
Miles Scofield
3584-B Exchange Ave.
Naples, FL. 34104
Owner:
REQUESTED ACTION;
Donald M. Churilla
80 Southport Cove
Bonita Spring, FL. 34108
The petitioner is requesting a 15 foot boat dock extension from the required 20 feet for
waterways more than 100 foot in width, to 35 feet for a boat dock and boat lift facilE./.
GEOGRAPHIC LOCATION:
The subject property is located at 80 Southport Cove in Lely Barefoot Beach PUD and
is further described as lot 10 Southport on the Bay, Unit one.
PURPOSE/DESCRIPTION OF PROJECT:
The subject lot is located in Lely Barefoot Beach. The property owner wishes to build a
boat docking facility which will contain 2 boat slips and 2 boat lifts protruding 35 feet
into the waterway.
SURROUNDING LAND USE AND ZONING;
Existing:
Surrounding:
Single family residence under construction, zoned PUD
North -
East -
South -
West -
ROW, single family residence, zoned PUD
single family residence, zoned PUD
Waterway
Single family residence, zond PUD'"
MAY 1 2 1998
W
W~
W~-~ W ~
~ Z""
W'-' O_.J
Z._J NW
OLd
Nv
MAY I 2 1998
EVALUATION FOR
INFRARTRUCTURE~
ENVIRC)NMENTAL
TRANSPORTATION AN[
The environmental staff of Planning Services has reviewed this petition and has no
objection to the granting of this request. According to Section 3.2.4.1 of the Collier
County Manatee Protection Ordinance, this boat docking facility will be considered a
"Moderate Development Site", which allows up to 10 boat slips for every 100 feet of
shore line. Therefore, the proposed boat dock is consistent with the Collier County
Manatee Protection Ordinance.
Staff has reviewed this petition in accordance with Section 2.6.21 of the Collier County
Land Development Code and finds the following:
1. VVhether or not the number of dock facilities or slips to be located on
the subject property is appropriate in relation to the length of waterfront
property available for the location of the proposed dock facilities.
The applicant is proposing to build one boat docking facility with 2 slips and 2
boat lifts. This lot contains 80 foot of water frontage. According to the manatee
Protection Ordinance, this site is considered a 'Moderate Development site"
allowing up to 10 boat slips for every 100 feet of shore line.
2. Whether or not the water depth where the proposed dock facility is
to be located is sufficient to allow for safe mooring of the vessel, thereby
necessitating the extension request.
According to the information submitted by the applicant, the water depth at the
Proposed boat lifting facility, location will vary between 5 and 9 feet.
3. Whether or not the proposed dock facility and moored vessel(s) in
combination may have an adverse Impact to navigation within an adjacent
navigable channel.
The proposed boat docking facility will protrude 35 feet into the waterway. The
waterway, in this area, is 180 feet wide. Therefore, this boat docking facility
should have no adverse impact to navigation on adjacent navigable channel.
4. VVhether or not the proposed dock design and moored vessel
protrude greater than 25 percent of the width of the nay
greeter than 20 feet for boathouses, and whether or not a~
percent of the platted canal iidth between dock at
vessel(s) on the opposite side of the canal is maintained in order to ensure
reasonable waterway width for navigability.
The waterway in this area is a fairly expansive body of water. This boat docking
facility will not protrude more than 25 percent into the waterway.
5. Whether or not there are special conditions related to the subject
property or waterway which justify the proposed dimensions and location
of the subject dock.
No, there are no special conditions to justify the proposed protrusion into the
waterway. Adjacent lots to the east and the west contain docks which do not
protrude more than 20 feet into the waterway.
6. Whether or not the proposed dock Is of minimal dimensions
necessary in order to adequately secure the moored vessel while providing
reasonable access to the boat for routine maintenance, without the use of
excessive deck area.
Yes, the dock, as proposed, will be of minimal dimensions necessary to provide
reasonable access to two fairly large boats for routine maintenance.
7. Whether or not the proposed structure is of minimal dimensions to
minimize the impact of the view of the waterway by surrounding property
owners.
Due to the location of this dock and the adequate amount of setbacks provided,
the impact of the view of the waterway by surrounding property owners should
be minimal.
8. Whether or not the moored vessel is in excess of fifty (50) percent of
the length of the water frontage such that the addition of a dock structure
will Increase the Impact on or negatively Impact the view of the waterway
by surrounding property owners.
The proposed boat docking facility is intended to accommodate two boats none
exceeding 50 percent of the length of the water frontage.
9. Whether or not the proposed location and design of the dock/vessel
combination is such that it may Infringe upon the use of neighboring
properties, including any existing dock structures.
This proposed boat docking facility will not infringe
neighboring properties.
-:3-
th~ T~I~ the
MAY i 2 1998
10. Regarding existing benthic organisms in the vicinity of the proposed
extension:
(s) Whether or not seagrasses are located within 200 feet of the
proposed dock:
The environmental staff of Planning Services has reviewed this petition
and has no objection to the granting of this request.
(b) Whether or not the proposed dock is subject to the manatee
protectlon requirements of this code(Sec. 2.6.22).
According to the Manatee Protection Plan this location is considered a
"Moderate Development Site", which allows up to 10 boat slips for every
100 feet of shore line. Therefore, the Proposed boat dock is consistent
with the Collier County Manatee Protection Ordinance.
STAFF RECOMMENDATION:
Staff recommends that the CCPC approve BD-98-1 subject to staff stipulations.
-4-
MAY ! 2 lgg8
__?;. //
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
RO'~BERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SERVICES
DATE
DONALD W~ ARNOLD, AICP, DIREC'~R-
PLANNING SERVICES
TERO, AICP, ADMINISTRATOR
DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: BD-98-1
Staff Report for February 19, 1998 for CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL A. DAVIS CHAIRMAN
-5-
MAY ! ~ 1998
_...D~,.~_/~
DOCK FACILITY EXTENSION PETITION
Iz~'om]acioa lo be completed by
Petition numDer: BD-
Planner:
Date received:
Property owner:
Telephone: _
Subject Property:
Address: ~ °~-'~' ~ ~'o g.'T
Legal DescHpti0n: o 0
Section:
-1-
....~... _13 I
Zoning of subject property: _
Lind use on subject property:
Adjacent zoning & lind use:
Zoning Lsnd use
S
Length of existing dock f~ciiity
3~ ~T~
~o F~.
List any additional dock facilities in close proximity to the subject property and indicate the total
pmll'usion into the waterway of each:
What is the width of the Waterbody or waterway at the proposed dock location?
/ fO F~.
Explain fully what will be constructed if this petition is approved: _ ~ ~
The following criteria, (pursuant to Section 2.6.21.3 of the Land Development C d,.~ d,., k.
=~d ... ~id~ ~y ,~a~ i. d~,.rmini.g i~, ,=om~nd.,o. ,o *~ Co,i., Co~.~
Commission, and by the Planning Commission in its decision to approve or oen} a particular
Dock Extension request. Please provide a narrative response to the l/sled criteri~ an~t' ! 2
questions. Attach additional pages if necessary.
'2-
]. What are the number of dock facilities or slips to be located on the subject
property in relation to the length of waterfront property available (include required
setbacks) for the location of the proposed dock facilities?
2. Is there sufficient water depth to allow for safe mooring of the
vessel without the use of a dock facili~ extension request?
3. Will the proposed dock facility and moored vessel(s) in co~binatlon have an
adverse impact to navigation within an adjacent navigable channel?
4. Does the proposed dock design and moored vessel protrude greater than 25
percent of the width of the navigable canal or greater than 20 feet for boathouses,
and is a minimum of S0 percent of the platted canal width between dock
struc~res/moored vessel(s) on the opposite side of the canal maintained in order to
ensure reasonable waterway width for navigability?
=3-
MAY ! 2 1998
,..
5. Are there special conditions related to the subject property or waterway
which justify the proposed dimensions and location of the subject dock?
6. Is the proposed dock is of minimal dimensions necessary in order to
adequately secure the moored vessel while providing reasonable access to the b~at
for routine maintenance, without the use of excessive deck area?
7. Is the proposed structure is of minimal dimensions to minimize the impact of
the view of the waterway by surrounding property owners?
8. Is the moored vessel is in excess of fifty (50) percent ofthe length of the
water'frontage such that the additlon ora dock structure will Increase the impact on
or negatively impact the view of the watenvay by surrounding property owners?
-4-
MAY :] e 1998
9. Will the proposed location and design of the dock/vessel combinatio~ be
such that it may infringe upon the use of neighboring properties, including any
existing dock structures?
I0. Regarding existing benthic organisms in the vicinity of the proposed
extension:
(a) Are seagrasses located within 200 feet of the
proposed dock?
(b) Is the proposed dock is subject to the manatee protection requirements of
this code (Sec. 2.6.22)?
In addition to the above, the following criteria shall apply to Boathouses. Please indicate whether
or not the following listed criteria have been met:
Minimum side setback r~uiremcnt
Maximum protrusion into waterway
15 feet
25 percent of canal
width or 20 feet,
whichever is less
-$-
gAY 1 g 1998
Maximum height
Max. number of boathouses per site
Ail boathouse stn~ctures shall be complelely
open on all fora' (4) ~ides
Roo£mg material and roof color shall be the
same as materials and colors used on the principal
structure or may be of palm fi'ond "chickee" style
1 $ feet as measured
from top of seawall
or bank, whichever
is more restrictive
One (!)
I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK
EXTENSION, A BUILDING PER~IT IS REQUIRED PRIOR TO COM'MENCE~
OF CONSTRUCTION.
I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY
THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY
OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I
PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN
RISK.
of Petifi~or Agent
-6-
AFFIDAVIT
O~&~'~, ~ C~'~'~ being first duly sworn, depose
and say that I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary 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.
further permit /;f/~5 ~. $~1~ to act as my
(AGENT'S NAME)
representative in any matters regarding this Petition.
SIGNATURE OF OWNER
State of Florida
County of Collier
T~e foregoing was acknowledged ~efore me this 7 day of
~ .~t~ , 199~ by ~ ~ , who is personally
Kno~ to me or who has produced as
identification and who did (did not).tak~an oath.
(~Lm~tu~e of Not~~blic~" ~ - -
$~AL
'(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
MAY ! Z 1998
State of Florida
County of Collier
$IGgA~F AGENT
, by~,,~., ~ho is personally
who ---
has prl.~.~..- as
i~ntification and who did (did not) tak,
oath. .
(St~l~ature of Not~ry Public~
SEAL
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission
My Commission Expires:
VARIANCE APPLICATION/5/14/91/md/7806
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MAY 1 2 1998
Rq.
LIT'T'..C #~'xC~V IAT
CMII~It~t?IOIt gAIgM{#? iC.gJ
71
D~A~M~Gg
(LAICg
B AYPI~"T
P.~ H, 11~ 114- fit
MAY 1 2 1998
t~i. ll4~ I. II(llsl, t'.L.I. ~)a
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MAY ! 2 1998
AGENDA
COLLIER COUNTY PLANNING COMMISSION WEJ.. MEET AT 8:30 A.M., THURSDAY, MARCH
$, 199~ IN THE BOARD OF COUNTY COMM/SSIONERS MEETING ROOM, ADMINISTRATION
BUILDING, COUNTY GO~ CENTER, 3301 TAMIAMI 'FRAE, EAST, EAST NAPLES,
FLORIDA:
2.
3.
4.
5.
6.
7.
~;~,.;ANY PERSON WHO DECIDED TO APPEAL A DECISION OF
THIS BOARD WILL NEED A RECORD OF THE PRYINGS
PERTAINING THERETO, AND THEREFO~ MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TEST~ONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF TIlE RECORD. THESE
MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE
BOARD OF COUNTY COIVI?vflSSIONERS.
ROLL CALL BY CLERK
ADDENDA TO THE AGENDA
APPROVAL OF ~",,LTES: January 29, 1998 and Febnm'y 5, 1998
PLANNING COM]V[ISSION ABSENCES:
BCC REPORT
C~"S REPORT
ADVERTISED PUBLIC HEARINGS:
Petition No. BD-98-1, Miles L. Scoff.-ld, rcpreten~ Dongd M. C'huril~ r~quettiag sa I$ foot boat dock
extr~ion to allow for two (2) boat slips and two (2) boat lifts promxling 38 feet into the w~terway, for
property located at 80 Soutkpon Cove, further descn]~:! as Lot 10, Sout~ On The Bay, Un/t 1, in Section
6, Townsh/p 48 South. ILtn~ 25 F. ut. (Coordi-,tor: Chtbram Badaz~:hi~) (Continued from the meeting
of'February I9, 1998)
Petition No. PSP-97-19, Robert L. Sell', rrpretentin~ ~ Tratford Independent Baptis~ Chu~h, Inc.,
t~:luestin~ Preliminary Subdivision Pht sppmval for five mobile botm lots to be known u the Canon Road
Mobile Hon~ mbdivision local~! on C~rson Ro~d at Curry Road, in Ir,a~kalee, S~'~on 31, To~mhip 46
SoutlLlLtn~e29East con~is~ngof3.41 acres. (Coordina~. RayBeHows)
Petition No. PUD-89-41(1), Brace TYroL AICT of WRsou, Millet, Barton & PeelL Inc., ttptetent~
March 5, 1998
~And Mr. Nino, as you can see, is taking over in my capacity
~'cu/rrently as the interim planning manager, but we're getting that
position posted and we'll fill it permanently very shortly.
I leave the duties of the current planning manager in extremely
capable hands in Mr. Nino. I am sure you will see me from time to
time° but I also will not be here as much as I was because -- boy, all
of a sudden there is huge demands on my time.
CHAIRMAN DAVIS: I can imagine. We noted just before you arrived
that we look for a lot of wisdom from Mr. Nino with the amount of gray
hair he has.
MR. MULHERE: That's right And seeing as how I have little hair
MR. YORK: You have too many kids.
MR. BRUET: We'll truly miss those eloquent staff reports.
MR. MUL~ERE: Oh, no. He's still -- he's still going to be doing
staff reports.
CHAIRMAN DAVIS: As a community we are getting our monies worth.
Thank you, Mr. Mulhere.
'- -- *** Pe~i~ion ]~D-~. I would ask-ali' th~se present that are
going to be testifying on this petition to ~.lease stand and raise your
right hand so the court reporter may swear you in.
(The speakers were sworn.)
CHAIRMAN DAVIS: Mr. Chahram.
MR. BADAMTCHIAN: Good morning, Commissioners. Chahram
Bada~tchian from the Planning Services staff. As you may recall, the
~Planning Commission heard this petition two weeks ago and continued
~and requested that the petitioner revise the drawing showing only one
dock, which they have done.
The staff recommends approval. And, unfortunately, by the time
received the drawings your packet was printed and mailed to you.
Therefore, I have to hand deliver this to you.
CHAIRMAN DAVIS: Thank you.
MR. BRUET: I have a question.
CHAIRMAN DAVIS: Mr. Bruet.
HR. BRUET: The owner on the staff report is a Donald Churilla.
The application has a Jeffery Krczek. And the staff report shows lot
ten and the applicant is described as let eight.
disparity. There's some
CHAIRMAN DAVIS: We'll get to that.
MR. BRUET: Okay.
MR. BADAMTCHIAN: I can explain that.
MR. NINO: And it's listed as lot ten on the plat.
MR. BADAMTCHIAN: Let me explain that. I was having a baby and
the secretary grabbed the wrong file. That is for the lot next door.
The application.
MR. BRUET: This is for eight; is that correct~
MR. BADAMTC~IAN: Yeah. ·
CHAIRMAN DAVIS: Actually Chahram's wife had a baby·
MR. BADAMTCHIAN: Yeah. That's right.
CHAIRMAN DAVIS: And it already shows, Chahram.
Page 4
MAY 1 2 1998
March 5, 1998
'MR. BADAMTCHIAN: I suffered more than she did. MR. PEDONE: I somehow doubt that.
MR. BRUET: Is Churilla then the applicant or is it --
MR. BADAMTCHIAN: No. The applicant is Mr. Donald Churilla and
the agent fs Mr. Scofield.
MR. BRUET: Who is Jeffer~y Krozek?
MR. BADAMTCHIAN: Jeffery Krozek is the neighbor. ~e applied for
a similar boat dock -- it was two years ago. And I had his
application in my file in case you ask a question whether or not there
are similar docks in the area. The secretar~y grabbed the wrong
application.
MR. BRUET: Okay. Now I understand.
CHAIRK~N DAVIS: All right.
MR. BRUET: I hope you don't have a large f~ily.
CHAIRMAN DAVIS: I think those firs= ones are always the
toughest.
All right. So what we have presented to us then is exactly what
we asked for last time around. With that, would the petitioner's
representative like to make a presentation?
MR. SC0FIELD: Good morning. My name is Miles Scofield
representing Don Churilla, the owner. This is a follow-up to the
meeting we tabled the last time that we had extended.
We did eliminate one of the walkways. You have the drawing in -
front of you, okay? We went to one walkway eight feet wide with a
lift on each side. We centered it on the lot as best we could.
We did move it more towards the east to -- and angle it away from
the owner in the corner there, lot nine, to give them more access.
The owner has agreed to do this and we've complied we think with the
requests of the neighbors.
If you have -- if you have any questions, I'll be glad to answer
them.
CHAIRMAN DAVIS: Questions of Mr. Scofield?
MR. YORK: No. Well done.
CHAIRMAN DAVIS: Thank you.
Anyone from the public that would like to speak?
Please come forward and identify yourself for the record.
MR. KROZEK: Hi. My name is Jeff Krozek. I'm the owner at lot
eight. I received a fax from my neighbor in New York. Me is in lot
nine. Maybe somebody could read this for him because he can't make it
today.
Is there --
CHAIP/~tN DAVIS: If you give it to the County Attorney, we'll
enter that into the record.
MR. KROZEK: Thank you.
CHAIRMAN DAVIS: Go ahead.
MR. KROZEK: Basically, you know, when I got this faxed to me the
other day from Chahram it appears that it looks like what we talked
about, but it's still -- something is wrong. And I can explain to you
how here.
Basically what we talked about is that second boat lift would
Page 5
March 5, 1998
ave to be out there like 20 feet in order to be okay. It's sitting
ut there 30. And then we talked about a six foot wide dock. It's
eight foot wide and we're going 35 feet from the edge of the shore.
Now, if you see the house they're building there -- see those
setback lines, okay? As you see, we're probably from this drawing 50
feet off of that setback line. That's -- I think the width of this
room is maybe 40 feet. If you imagine the shoreline, it's coming out
into a canal this far. That's a lot of dock out there.
Basically what I have done is I took a picture standing on my
boat at lot eight. I've got the center line of the bow of my boat --
you can see where it intersects the property of lot eight and nine.
His extension would be equivalent of mine being like a 70 foot. We'll
pass this around. You'll see what I mean when you see it. CHAIRMAN DAVIS: If you'd hand it to Ms. Student.
MR. KROZ£K: Because it's the way that we have a closed angle,
but I didn't -- I didn't come down here just to complain. I came down
with an answer, too.
I sat down for about two days trying to figure out how to do
this. And where the problem stacks up is the second boat lift. That's
obvious.
So what I've done is I drew it in where he would have to come no
more than 20 feet off of the shoreline. So that would be coming out
from shore 20 feet into the water, which at that point there's still
got to be at least ten feet of water. The water wouldn't be an issue.
The most important thing is the center line of the hoist
rojected to the shore what the length of line is. And maybe we could
ass this drawing around. And what I have done is I X'ed out -- I
lew this up exactly two times size off of that drawing. And you can
see the X'ed out part is 35 feet out. If it pulls into 20 feet, this
angle stacks up to almost 45 degrees to the property line.
And since the property comes in tighter to lot nine, he could get
-- there is a 31-foot length of line on the one boat. If this still
doesn't work, that second hoist should be scrapped and just put davits
in there because you're not going to be able to put like two 35-foot
boats in there. It ain't going to happen. There is no room for it.
With that protruding that far out into the water, it's going to
create a problem. And I think -- you know, from the picture you can
see how the lot comes out once you come that far out into the water.
That's actually a cha~nel-way with two-way traffic.
It would be the equivalent of driving down Fifth Avenue and the
cars are parked parallel and all of a sudden one is turned
perpendicular. Now what? Where do you go when there is traffic and
everything?
So basically that 20 -- that does work. And this is to scale.
And I think basically what we have here is -- this drawing that's on
the survey you can start seeing how far from that traverse line that
this thing does come out. It's close to 50 feet. That's a long ways
by any standard.
Because even my hoist is -- I have a 32 foot that is actually
built. And that comes from that traverse line on my property. That
Page 6
MAY 1 2 1998
March 5, 1998
is about where the waterline is. So this is -- it stacks up quite a
ways.
But basically that's -- that's the big concern. And I think by
John's letter from lot nine there, if you review what he says, he's
Just reaffirming what I say. It's a safety issue. It really is. And
that's why I'm down here.
CHAIP,M~/~ DAVIS: Excuse me? Have you provided a copy of your
drawing to the petitioner's representative?
MR. KROZEK: I just got this the other day --
CHAIRMAN DAVIS: Okay.
MR. KROZEK: -- faxed from Mr. Chahram. As I said, I just drew
this up over the last two days. And I figure I should present it to
you, the County, because you have jurisdiction over this.
A~d it is a problem. It needs to be addressed. You know, you're
going to have to do something like this or if they can just taku that
second hoist -- maybe it should just be davits.
You know, hang davits off that dock and just get that boat and
lift it up. There is less structure in the water then. Just cables
and pilings and -- you know what I mean?
So I think that 20 feet is important because that sets up about
the rest -- of how the rest of these boats are set in there. Like I
said, if we get one that is twisted too far out -- too far out into
that channel it's going to create a problem.
CHAIRMAN DAVIS: Thank you. Is there anyone else to speak on
this petition?
Maybe we can -- Mr. Wrage when you're done with the drawing that
was presented to us, we can hand it to over to Mr. Scofield so he can
take a look at it.
MR. SCOFIELD: I have not seen
CHAIRMAN DAVIS: Mr. Badamtchian, this boat dock extension
request is -- and with your accompanying recommendation of approval is
within what's allowed in the LDO to be requested?
MR. BADAMTCHIAN: Correct. Mr. Krozek has a 32-foot boat dock.
His boat dock is also measured from mean high waterline and not from
traverse line. I have a copy of his survey here. CHAIRMAN DAVIS: Okay. Mr. Scofield.
MR. SCOFIELD: Yes. I just -- I'm looking at this now. I do a
lot of this work and there is absolutely no truth that this thing is
sticking out past what it shows. It is what it is. It's on a plat.
It's on a survey.
We're requesting a 35-foot extension. The dock is going to stick
out from the main point about 34 feet. And we always have to measure
from the -- if you look at the plan, 35 feet is measured from the boat
dock from the lift on the west side.
When the planning staff looks at these things they usually try to
pick the furthest point away. A foot or two foot doesn't matter. The
waterway here is over 170 feet wide.
Coming in at an angle it doesn't obstruct traffic. There is
plenty of room for navigation. Whether you come in parallel or
perpendicular, the boats come in. It has nothing to do with
Page 7
MAY ! 2 1998
March 5, 1998
~bstructing traffic.
A lot of these docks in this area are eight feet wide. A lot of
them are parallel to the shoreline. They're eight feet wide. We went
from two docks down to one servicing those two lifts. We believe that
eight feet wide is not that big of a dock. Thac's a pretty ~n
width for most docks.
The other thing is about Cwo lifts sticking out. You have --
whether one lift is sticking out past the 20 feet or not, we have
lift on the west side that is housing a big boat. That's
approximately a 32, 34-foot boat that the owner had -- that the owner
is going to get.
On the other side we're putting in a small boat. Probably an 18
to 21-foot boat. It does not stick out any further. So the reason of
davits or a vertical lift or any other type of lift makes no
difference. The larger boat -- we're only asking out for the
extension, which is 35 feet. Nothing can go past that.
So a lot of this stuff just doesn't make a lot of sense. We have
a good plan. We've reworked this. The owner has been -- you know,
tried to do it in accordance with the neighbors' wishes. So if you
have any questions, the owner is here this morning. I think it's
pretty straightforward and simple.
CHAIRMAN DAVIS: Any questions?
Mr. Bruet.
MR. BRUET: In your estimation then, Rocky, we show some good
pths here of five feet down to nine feet basically at the center.
is is the very minimum extension that you need.
It appears to me that mean and high water are not at issue here.
It's boat size as opposed to tide fluctuations.
MR. SCOFIELD: Well, it's boat size. Number one, I usually ask
for a couple more feet. Like when I did Mr. Krozek's we asked for and
got a 34-foot extension on his dock. We only built it out to 32 feet.
Sometimes when we have a spot survey and they come out and if I'm a
foot over, we're in trouble. MR. BRUET: Yes.
MR. SCOFIELD: That's why I always ask for a couple more feet
than we usually build it out to. If we were to swing this boat
parallel into the shoreline, we could probably take off several more
feet off the distance out and still have room, that is correct.
And the owner doesn't mind doing it, but what -- the plan that we
have come -- the plan that we have given you is trying to get along
with the corner lot, which is number nine. Now if you see that
they have a real concern. They are an inside radius. They're very
small -- they have very small frontage on the water.
If we were to build parallel and come out to our 1S-foot setbacks
and put in our lift there, the owner of lot nine will have a lot more
problems getting into their dock. They will have to build out
perpenc%icular also to get in a lift. Bringing a boat -- if they're
going to come into a lift. If they're not, then they're okay.
But if they do want to put in a lift at a future time -- they are
not here full-time. They are here part-time. But I would assume
Page 8
MAY 1 2 1998
March 5, 1998
someday they're going to want a lift there. And at that point --
that's why we have shifted it more to the east and we've angled it. So
that owner -- yes, we can change our 91ans and go out parallel and
maybe come in a few more feet, but it's going to block more to
neighbor number nine, lot nine.
CHAIRMAN DAVIS: Any other questions of the petitioner?
Anyone else to speak on this petition?
MR. CHURILLA: Good morning. My name is Don Churilla. And I am,
in fact, the owner of lot number ten. I had met with Mr. Krozek a few
weeks ago and attempted to reconcile this matter when he voiced
concerns. He assured me when we walked the property that the drawing
as you look at it today was acceptable. In fact, when I drew it and
initially had the two walkways he told me that was acceptable if we
angled it to accommodate lot nine.
Apparently, that wasn't true. I was out of town when this
meeting was conducted two weeks ago when Mr. Krozek came here and
objected. I heard nothing from him. I've heard nothing from him to
this moment.
I have talked to the owners of lot nine. In fact, I sent them
this revised plan, as well. And I believe their name is Faratzis. Ms.
Faratzis was here two weeks ago. I met with her subsequently. She
expressed to me she has no objection to this proposed plan with two
docks.
The neighborhood is such that people have offshore boats, as I
do. In addition, they have backwater boats. This is a backwater
area, as well as an offshore area. My family wants to enjoy the same
thing that everyone else in the community is enjoying. Nothing more,
nothing less.
We're asking for a dock that is going to take up space measured
from a mean high waterline. The same starting point that everyone
measures from. We're asking for basically what everyone else -- what
Krozek has. He has a 34-foot extension approved by this Commission
two years ago. We're asking for one 35 feet so we have a foot to play
with.
As Mr. Scofield said, whether my dock is parallel to the
shoreline or perpendicular isn't going to make any difference. To be
honest, as it's drawn now I'm accommodating lot nine, which is an
owner that bought -- that bought frontage which is very narrow.
They're on a pie-shaDed lot.
If you continue to draw their property lines out into the water
-- excuse me. If you were to continue to draw their property lines
out into the water, they could never meet the 15-foot side-yard
setback requirements. They could never put a hoist in. I have no
objections to their putting a hoist in. I have no objection to their
usurping the 15 yard setback requirement.
I bought an SO-foot wide lot, a ~imple lot to build on, and I
don't think that it's proper for people to come here and say, 'Well,
because I bought something less and may have paid less -- I don't have
as much frontage -- I should be able to infringe upon your right to go
ahead and develop your property within the parameters of the law.'
Page 9
MAY ! 2 1998
March 5, 1998
~ recognize that I'm asking for a variance, but I don't see
anything that is offensive here. The property -- the waterway, as Mr.
Scofield has mentioned, is 170 feet wide there. We're asking for ]5
feet from mean high water. And I would respectfully request that it
be approved.
If anyone has any questions, I will be happy to answer then.
CHAIRMAN DAVIS: Questions of the owner?
Thank you, sir.
MR. CHURI~: Thank you.
CHAIRMAN DAVIS: Just something very brief if you want to come
back up.
MR. KROZEK: Okay. I have a second picture.
CHAIRMAN DAVIS: Re-identify yourself, if you would, please.
MR. KROZEK: Jeff Krozek from lot ten. And I have a second
picture of what that channel looks like, the way the lot is turned and
how that channel comes in. If you pass this around, it will pretty
much explain itself.
CHAIRMAN DAVIS: Give that to Ms. Student.
Anyone else to speak on this petition today?
Seeing none, I will close the public hearing.
MR. BRUET: Mr. Chairman, I recommend we approve BD-98-1 in
accordance with stipulations by staff. MR. YORK: Second.
CHAIRMAN DAVIS: Discussion on the motion?
Ail those in favor signify by saying aye.
Opposed?
(No response.)
CHAIRMAN DAVIS: It carries unanimously.
And before the petitioner -- Mr. Scofield. I'll remind you the
applicant should be aware that the boat dock petition may be appealed
by an affected property owner within 14 days of this hearing. And,
therefore, the applicant proceeds with construction at his or her own
risk during this period. Thank you.
MR. SCOFIELD: Thank you.
MR. CHURILLA: Thank You.
*** CHAIRMAN DAVIS: Petition PSP-97-19. Do we swear people in,
Ms. Student, on a PSP?
MS. STUDENT: Yes, we do.
CHAIRMAN DAVIS: I thought we pretty much did on everything.
I would ask all those present on this petition to please stand
and raise your right hand so that you may be sworn by the court
reporter.
(The speakers were sworn.)
MR. NINO: Mr. Chairman, my name is Ron Nino. I am presenting
the petition on behalf of Ray Bellows who is unable to be here today.
This petition is for an approval of a preliminary subdivision
plat. It's not a very large plat as you will have noted from Ray's
report. It merely establishes five lots from a larger parcel in
Immokalee that you recently dealt with on another matter.
All of the lots are designed in accordance with the underlying
Page 10
MAY 1 2 1998
__.g. ,31 -_
LXEN R~GOLI:~fTON - COD~ ENI~ORC~ CASE ~O. 706090009
RJ~CORD OWATgR - ~, ~ZLW~EN
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance ac this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL IMPACT
Reimbursement of $245.00 may be
action or foreclosure.
0s/04/97
0S/ll/9?
07/30/97
08/07/97
anticipated by voluntary
GROWTH MANAGEMENT IMPACT Not applicable.
RECOMMI2~ATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY:
Mel~4y Br~.dgmn j
APPROVED BY:
Vincent A. Cautero, Administrator
Community Dev. & Environmental 8vcs.
DATE: '/* 2.2. '~-/'.1~
DATE:
MAY 1 2 1998
2232 ~ood.cidge Ave.
Naplel, rL 34103
I~TZ~CE ~0~09-009 1(2101400000
L£GAL D£SCRI PTIO,~I:
Naples IAanor ADD BLR 12, LOT 35
You, as the owner of the property above desctzbed, as recorded in the
records mainta~ne~ by the off,ce o! the Property Rppta~seto ate hereby
advised that the Compliance Services ~anager, d~d on ~/0~/~, order the
abatement of a certain nuisance ex~st~ng on the above property prohibited
by Ordinance 91-4T, servjno not,ce thereof upon you, such nuisance being:
~rohib~ted accumulation of non-protected Bowl~le vegetation in
excels o£ 18" An height in a aubdAviaion other than Golden Gate
You faA~ed to abate such hudson:e; whereupon, zt was abated by the
expendS:ute of public funds at a dArect cost of $ 45.00 and
a~m~n~strat:~e cost o~ $200.00 for a total o~ $ 245.00. Such costs, by
Peso:u:~c~ cf the Board of Cc~nty Ccm.~ss~cners of Coll~er County,
r~cr:da, have been assesses against :he abcve property on cdate> and
shall boccie a ~[en on the rrcDerty thirty 130] days a~ter such
assessmen:.
You may request a hear:nq before :he BoarC of County Com,~xssionets to
show cause, [f any, -by the expenses and charges :ncurred by the County
under thxs Ordinance are ~n-artanted or excessive et why such expenses
should not constxtute a lxe~ against the proper:y. Such request
hearzng m~st be made to the .';lark o~ the Board o~ Co~[nty Commissioners,
Government Center, Uapies, r~crsda 34;12 [n wrstsng -lthzn thsrty
days from the date of thZs assessment to be va~ld.
CLED~', BOAP~ GF' CO:JtlTY COH:dISS~Oti£DS
C$ce n-
MAY .1. P. 1998
RE$$LUTION NO. 98-
A RESOLUTION OF THE BOARD OF COL~TY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN. FOR TNE COST OF
THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE
WITII ORDiNAnCE 91-47.
WHEREAS. as provided in Ordinance 9~-47. the d~rect costa o{
abatement o~ certain nuisances, including prescribed administrative
cost zncurred by the County. shal! be assessed against such property=
and
WHEREAS. the cost thereo( to the County as to each parcel shall be
calculated and reported to the Board o! County Commissioners0 together
~ith a description Gl sa~d parcel; and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid~ and
WHEREAS. the assessment aha]! become due and payable thirty (30)
days a(ter the mailing o~ Not,ce o~ Assessment a~ter which ~nterest
shall accrue at a rate of twelve percent {%2.0%) per annum on any
unpaid portion thereo~.
NOW. THEREFORE. BE IT RESOLVED BY THE BOAR~ OF COMITY
COHMISSIONERS OF COLLIER COUNTY. FLORIDA. that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~ner of sa~d property, ia hereby assessed
the following costs of such abatement, to ~it:
~ LEGAL D£$CR~PTIQN: ~
Curran, £ileen Naples Manor A~D BLK 12, Lot 36 $ 245.00
1232 Woodridge Ava.
Naples, FL 34103
REFEREN~£:
62101400000 T0509-009
The Clerk ~ the B~ard shall ~a~! a not~ce of assessment o~ lien
to the o~ner or ¢~ers o~ the above d~scr~bed ~roperty. and ~f such
owner fa:ls to pay s~ch assessment ~:h~n thirty (30) days hereo~, a
cert:f~ed ccpy of th~s Resolut~cn sha~] be recorded ~n the
records of Coll~er County, :o ccnst~:u~e a l~en against such property
accord[R~ to la~, unless such d[rec::cn ;s stayed by th~s Board upon
appeal of che assessment of :he o~ner.
Th[s Peso]uticn adoF, ted after' m:,::=n, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
C'$LLIER COUNTY, FLORIDA
APPROVED AS TO FORH
AND, LEGAL ~UFFICIENCy;
~.~. DAVID WEZGEL
CO~Ty ATTORNEY
CSce 12 - 2/98
BY:
BARBARA B. BERRY. CHAJRMA~J
LZ~1 ~$OI,UTZOH - CODE ~NTORC~(EHT CASE NOo 70729-063
R~CORD OWN*gR - N'ZL1'.ER, SYLVIA S
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of Unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL IMPACT
07/28/97
oe/o2/97
os/2s/97
o9/2s/97
09/25/97
Reimbursement of $245.00 may be anticipated by voluntary
action or foreclosure.
~ROWTHMANAGEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY =
CUSTOMER SERVICE REPRESENTATIVE
APPROVED
Community Dev. & ~nviro~mental Svcs.
DATE:
MAY ! 2 1998
!
BOA]~) OF C:O~)rTT C:~SSZO)rZRS
COL~ZER C:OCTJd~T, TT~)RZDA
1301 E)olav&re &v~ SV IIH-622
Washington, DC: 20024
?0729-063
I~Lb~o boordo of Col~er County, Florida to
You, as the owner of the property above described, as recorded in the
records maintained by the office o~ the Property Appraiser, are hereby
advised that the ComplAance Services Hanaget, did off q/29/9~, order tho
abatement of a cettazn nuisance existing on t~e above property prohibited
by Ordinance 91-4~, serving notice thereof upon you, such nuisance being:
ProhibXted accumulation o£ non-protected eowiblo vegetation in
You ~ailed to abate such nuisance: ~hereupon, ~t was abated by the
expenditure cf public fun~s at a d~tect cost of $ 4S.00 and
a~znisttative co~t of $200.00 for ,J t~tal o~ $ 245.00. Such costs, by
Resolution of the Board of County Commissioners of Co%lzeF County,
Florida, have been assessed aoainst the above property on ~ate~ and
s~all become a lien on the p~ope~:y thirty ~301 ~ays after such
assessment.
You may ~eq~est a ~eaF~ng Aerate the Boa~ o~ County Commissioners to
s~ow cause, if any, why the exrenses dn~ cAatge$ ancuFted by the County
un~e~ this O~znance ate unwarranted ot excessAve o: why such expenses
shoul~ not constitute a %xen against the property. Such request ~ot
hearzng must be ma~e to the Clerk o~ the Board of County Commissioners0
Government Cente~0 Naples, rlotxda 34~2 in wtltxnQ within thirty ¢30J
days from the ~ate of thxs assessment to be valid.
CLERK, OOARD OF COUNTY CO~r4JSS~ON£RS
CSce g-
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF CO~TY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF L~EN. FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDanCE
WITH ORDINM~CE 91-47.
WHEREAS, as provided in Ordinance 91-470 the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property~
end
W~EREAS, the coat thereof to the County ss to each parcel ahs]! be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
t~HEREAS, such assessment shsl! be a legal, va]id and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30i
days after the mailing of Notice of Assessment after which interest
shal! accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE ]T RESOLVED BY THE BOARD OF COUNTY
COt~.ISS~ONERS OF COLLIER COb'NTY0 FLORIDA0 that the property described
as follows, and hav:ng been abated of a public nuisance after due and
proper notice thereof to the owner of sa~d property, [s hereby assessed
the follow:ng costs of such abatement, to w~t:
Sylvia S. Miller
I301 Delaware Ave SW
Washington, DC 20024
REF£R£N~£~
5?654880001 70729-063
LEGAL
Lot 22 Block 191 of Marco $ 245.00
Beach Unit SEVEN a Subdivision
according to the Plat thereof, recorded tn
of Collier County, Florida to vii.
The Clerk cf :he Board shall ~a~] a nc:ccc cf assessment cf l~en
:c the owner or owners c! the a:='.'e descry:ed pro,arty, and ~ such
owner falls to ~a¥ such assessmen~ w~th~ ch3rty ~]0~ days hereof, a
ce:'t:fzed cosy -~ this ResoIut~cn shall :~ rccot'ded :n ~
"' :..- offzclal
records of 'S=!l[er Cot~nty. co ccns:[tute a lien aoa;~s~ such property
according to law, unless nc;ch direction ]s stated :y this Board upon
appeal cf :he assessment of the owner.
Th=s Resclu~:on adopted Biter mot[Ch, second and ma]or~ty vote.
DATED:
ATTEST:
Dt¢~GHT E. B~OCF. CLERK
BOARD OF CO~TY CGMM~SSIOt~ERS
COLL;ER CO~TY. FLORIDA
CSce 11 - 1/98
bARBARA h. BERRy, CIIAIRt~At~
MAY 1 2 1998
I~IEN RESOLUTTON - CODE ENFORCEMENT CA~E NO. ?0902-044
R~CORD ONNER - PUKAY, BORIS & EMOOENE
Board to accept report and adopt Resolut£on assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at thio
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
=. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
o9/~;/97
UNDELIVERABLE
10/03/97
10/22/97
1~/24/97
FISCAL
Reimbursement of $245.00 may be
action or foreclosure.
anticipated by voluntary
~ROWT~MANA~EKENT I~{PACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY:
Nel~:)cly Br:L~g&man \
CUSTOM,q{ SERVICE REPRESENTATIVE
APPROVED BY~
Dev. & ~nvironmental Svcs.
DATE:
M~¥ 1 2 J998
BOTLRO OT COUXT!
COLLZ~]t C01;7~ITY, rLOlt]:~&
L~OAL IIO?:ZC~ OT RSSZSS~IZtr~ OT
e
~ukay, Bor~e & Zmogeno L
J~lt~O, CT OS3SS
IKZ~Z1e~CZ ?0902-044 157320240008
L£GAL DE$CRIPT2ON:
DATZ: )~rch 9, 199e
LIEN NUMBER:
Lot 27, Block 1S2, A i~PLAT OF A PORTION of )(arco Beach Unit T~vo, ·
o~bdiv~o~on &ccord~ng to the Plat thereo£ recorded ~n Plat Book SA,
page 23A o~ the /~bl~c ~ecorde of Coll~cr County, Florida,
You, am the owner of the property above described, as recorded tn the
records maintatned by the office of the Property Appraiser, are hereby
advised that the Compltance Services Hen·get, did on 9/22/gT, order the
abatement of a certain nuisance existing on the above property prohib~ted
by Ordinance 9~-41, serving not,ce thereof upon you, such nuts·ncc betng:
PtohLbL~ed &ccumuLitLon o£ non-protected movable vegetation
exceel of 28" i~ height ~n i oubd~vio~on other th~n Golden Gate
You faAled to abate such nuzsance; whereupon, zt ,am abated by the
expenditure of public funds at a ~rect cost o~ $ 4S.OO
a~etrat~ve cost of $200.00 for a ~ota] of $ 24S.00. Such costs, by
Reso~ut~on of the Boar~ o! County Co~ss:oner$ o~ Co22~er County,
r~o~da, ~ave ~een assessed a~aznst the above ~roperty on cd·ts> and
sha~l ~ec:~e a ]~en cn t~e pro~er:y t~:ty ¢]0) ~ays after such
assessment.
You may request a hea:~ng before the BoarO of County Co~,ls$1oners to
show cause, Xf any, why the expenses and charges ~ncurreU by t~e County
un,er this Ordxnance are unwarranted or excess)ye or why such expenses
should not constxtute a Xxen agaxnst the property. Such request
hearing must be made to the Clerk of the Board of County
Government Center, Haple$, Flat:da 34112 In writing w~thin thirty 130!
Uays from the ~ate at thss assessment to be
CLERK, BOARD 0~' COUNTY COt4MIS~IOIJERS
CSce 9- 1/93
RESOLUTION NO. ~8-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORD~ICE
W~TH ORDINANCE
~EREAS. as provided in Ordinance 91-47. the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County. shall be assessed against such property~
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as :ollows. and having been abated o: a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wzt:
NA,"fET LEGAL DESCRZPTZON; COS~
Pukay, Boris & l~zogene L Lot 27° Block 15R, A REPLAT $ 24S.00
41 E. Msin St. OF A PROTION of Harco Beach Unit
Mystic, CT 0635S Five, a subdivision according to the Plat
thereof recorded in Plat Book 6A0 page R3A
of the Public Records of Collier County,
Florida.
REFERENCE~
57310240008 70~02-044
The Clerk of the Board shall ma~l a not,ce of assessment of lien
to the owner or owners of the above described property, and if luch
owner fails to pay such assessment within thirty {30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Coll~er County. to const:tute a lien against such property
according to law. unless such d~rection is stayed by this Board upon
appeal of the assessment of the owner.
Th:s Resolution adap:ed after mo,:on, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF CO~JTY CCMMISS~ONERS
COLLIER CO~;TY, FLORIDA
BARBARA B. BERRY. CHAIRMAN
APPROVED AS TO FORM
C~.. DAV l D WEIGEL
COUNTY ATTORNEY
CSce 21 - 1/98
! 2 1998
LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 70904-0%2
RECORD OWNER - CAMPELO, THALES SELORENZI & PATRICIA
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
09/0e/97
UNDELIVERABLE
10/0e/97
lo/lo/97
ii/o~/9~
Reimbursement of $245.00
action or foreclosure.
may be
anticipated by voluntary
~ROWTH MANAGEMENT IMPACT Not applicable.
RECgMM~AT~ON
That the Board of County Commissioners adopt the Resolution.
PI~EPARED BY:
/ _, Io'&.~ ':., ,,,
Melody B.~idge~a.n
CUSTOMER SERVICE REPRESENTATIVE
Vincent A. Cau=ero, Administrator
Community Dev. & Environmental Svcs.
DATE:
MAY ! 2 1998
Pg.
DATE: Hatch 9, 1998
C&lpelo, Th&lee lelorenzt &
P&trtcl& Cu~elo
11206 Bazbour Sprtnge
Boca Riton, FL 3342B
IL~le~iLPlCE ~0904-042 15~8~2480005 LTE~
L:G~L D~SCRIPTION:
the ~lat thereof recorded in Pla~ Book ~, Pi~es ~4-~9, of tho
Records o~ Collier Count~,
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Hanager, did off 9/09/97, order the
abatement of a certain nuisance existing on Che above property prohibited
by Ordinance 91-4~, servl~q notice thereof upon you, such nuisance being:
Prohibited eccv~ul&t~on of non-protected mov&blo vegetetLon
exceae of 18" An height An a fubd~vze~on other then Golden Gate
Eftetee.
You fatted to a~ate such nuisance; whereopon, l~ was abated by the
expenditure of public funds at a d~rect cost of $ 45.00 an~
ad~:nlst=a:lve cos: o~ $200.00 :o= a total o! S 245.00. Such costs, by
Reso2ut~on of the Board of County Commissioners of Co,lief County,
tlc=ida, have been assesse:l a~alns: the above property on <date> and
shall become a lien on the property thirty (30) days after such
assessment.
You may request a hearing :~efo~e the Board of County Com~:ssioners to
show cause, l~ any, why the expenses and charges incurred by the County
under t~is Ordinance are unwarranted or excessive or why such expenses
shculd not constlcute a lien against the property. Such request
hearing must be made :o th~ Clerk o~ :he Board of County Commissioners,
Government Center, Naples, Florida ~4]12 in wtlClng w:th:n thirty
days :rom the date o~ this assessment to be val:d.
CI.E~Y. B~A~P OF COUNTY CO~'!MISS~OUERS
MAY 1 2 1998
RE$OLUTICN NO. ~B-
A RESOLUTION OF THE BOARD OF COUNTY COM~ISSION£RS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-¢7, the d~rect costs o!
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereo! to the County as to each parcel shell be
calculated and reported to the Board of County Commissioners, together
w~th a description of said parcel; and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS° the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF CO~TY
COMMISSIONERS OF COLLIER CO~{TY, FLORIDA. that the property described
as follows, and having been abated o! a public nuisance after due and
proper notice thereof to the owner of sa~d property, is hereby assessed
the following costs of such abatement, to wit:
NAM1:: bEGAL DESCRIPTION: COST
Ca~mpelo, Thales Selorsnzi Lot 22, Block 348 of Marco $ 24S.00
& PaCricia Campelo Beach Unit 10, a Su~divliion
11206 Harbour Springs tit according to the Plat Book6, Pagss
Boca R&ton, FL 33428 of the P~tblic Records of Collier County.
578T2480005 T0904-042
The Clerk of the eoard shall ma~l a not~ce cf assessment of lien
to the owner or owners of the above described ~roperty. and if such
owner fa~Is to pay such assessment w~th:n thirty (30) days hereof, a
cer::fled ccFy of this Res~iu::on shai: be recorded In the official
records of Collier County. t~ const:%u%e a l~en against such property
according to ldw, unles~ such d~recL:?:; :s s%ayed by this Board up:n
appeal of the assessment ot the owner.
Th~s Resolution adopted after mot~on, secon~ and ma)orlty vote.
~ATED:
ATTEST:
DW:GHT E. BROCK, CLERK
BOARD GF CO~4TY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO
AND .LEGAL SUFFICIE::CY
COUNTY ATTORNEY
CSce I1 - 2/9~
BY:
bARBARA B. BERRY. CHAiR.MAN
LIEN RESOLUTION - CODE ENFORCEMENT CA~E NO. ?0924-023
RECO~D OWNER - H N H VENTUP~S
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
09/23/9?
12/04/97
12/ 1/9v
FISCAL i~pACT
Reimbursement of $ 245.00 may be anticipated by voluntary
action or foreclosure.
OROWT~MANAGEMENT I~p~T Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY .'
CUSTOMER SERVICE REPRESENTATIVE
DATE: ~/'
APPROVED BY:
Administrator
Cozumanity Dev. & Knvironmental Svcs.
DATE:
MAY 1 2 1998
BOARD or ¢OfJ~Ty ¢OJ~fZSSZOJ4ZR9
¢OLLTER ¢O~lfTY, I'~ORZDA
LEOA~ HOT2CE OF ASSt$SHL~T or LZE~q
! H B Ventures
4930 12~ Ave. SM
P~EFZREI~CE V0924-023 13~32504000q
~£GA~ D£$CR]PTICtI:
L]EH NUt~B£R:
Lot 4, Block 226, 00~:)~ ORTE, Unit No. ~ &ccord~ng to tho Plat
thereof &8 recorded in P~at Book 5, Pages 124 through 134, of ~ho
l~bl~c Rocordo of Co~or County, F~or~da.
You, as the owner of the property above aescgxbe~, as recorded in the
records ~a=ntained by the office of the Property Apptasser, are hereby
advised that t~e Co~pilance Seru=c'es t4anager0 d~d on ~/24/~T, order the
abatement of a certatn nuisance ex~sting on the above property proh{bited
by Crci:r, anco ',i-.:~. ~rv~n~ r,~t~c,, thure~,! t]p~n you, s.ch nuisance being:
~roh~bZted accmnulat~on o£ non-protected mow~blo vegetation ~n
exceoa o£ 18' ~n height ~n a aubd~vxaLon other than Go/den Gate
expendx:ure cf pub!re fun~s at a ~:roct c:st nf$ 45.00 and
a=~:n:strat;ve c-st c,: $200,00 f r a tote2 ~! $ 245.00, Such costs, by
Resalut:an cf the ~oar3 of Cent. fy Cnm~ssioners cf Collier County,
F2~r:3a, Ka~'~ ce~:; d~Ss~: ~:)d:r,::' it;,' ,,U~V~ property on <~ate>
Y:u ~a7 request a he.r:~ t.~r.. :~e R~drl Cf Cct;~t). Cammzss:cners to
heating must he ~arle lc the ~etk ,'.f Lhe hoar~l c,! County Co~.m~ss~oners,
Government Center, Naples, F~rl~la 34:~: in writin~ ~:thzn thirty 130!
RESOLI~ION NO. 98-
A RESOLUTION OF THE BOARD OF CO~ZTY COMMIS$ION£RS
PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISanCE. IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided :n Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County. shall be assessed against such property;
and
WHEREAS. the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of sa:d parcel~ and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property aoainst which made until paid; and
WHEREAS, the assessment shall become due and payable thirty
days after the mailing of N~tice of Assessment after which interest
shall accrue at a rate of twelve percent (~2.0%) per annu~ on any
unpaid portion thereof.
NOW, THEREFORE. BE ET ~ESOLVED BY THE BOAPD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~hac the property described
as follows, and having been abated o~ a public nu:sance after due and
proper notice thereof to the o~ner of said property, is hereby assessed
the ~oiiew:ng costs of such abatement, to
NAME:
H N H Ventures
4930 12'~ Ave. SW
Naples, FL 34116
REFERENCE:
36325040007 ?0924-023
bEGAL DESCRIPTIONi
Lot 4, Block 226, GOLDEN GATE. $ 245.00
Unit No. 6 according to the Plat
thereof, ss recorded in Plat Book 5. Pages
124 through 134. of the Public Records of Collier
County. Florida.
The Clerk of the Board shall ma:l a not:ce ¢~ assessment of lxen
to the owner or owners o~ the abc'.'e described ~ro~erty. and if such
owner fails to pay such assessment wAth]n thirty {30J days hereof, a
certified copy of this Res¢lutlon shall be recorded xn the official
records of Coi];e:- County. t.- constitute a !:es against such property
according to law. un]ess s,~c:, direction is stayed b), this Board upon
appeal of the assessment o( the owner.
Thxs Resolutxon adopted after morass, second and majority vote·
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF CC:~;TY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
APPROVED AS TO FORM
AND LEGAL ~UFFICIENCY
COm,~TY
CSCe II - 1,'9~
1 2 1998
R,ECORD OWNE~ - BKZF~:E¥, MAUR~*CE R & ~ C
BOard Co accept report and adopt Resolution assessing a 1Len
against the parcel in order to recover public f~ds e~nded
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATIOn,
lo/oe/9?
UND£LIVERlkBL~
11/04/97
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL IMPACT
Reimbursement of $ 245.00 may be anticipated by voluntary
action or foreclosure.
grROWTHMANA~___~4FNT IMPAC_T Not applicable.
RECOMM~NDATIQ~
That the Board o[ Uounty Commissioners adopt the Resolution.
PREPARED BY:
mezody B~ldg~ '~' DATE :~.
CUSTOMER SERVICE REPRESENTATIVE
r~
.,¸0
~ OT COUld! COHMI$$Z01~RS
COLLZEA COUNT~, FLORIDA
I~GAL HO~ICE eT A$SZSSNZq~ OF L:~EN
1003 Glen Oaks Dr.
Warren, OB 44404
72002-041 15773344000~
D&?g: March 13, 1998
LIEN NUHB£R:
thereof, recorded in Plat Book ~, page ~3060, 0£ the l~blLc ~eeorde
of Collier County, Florida,
You, as the ernst of the property above desctzbed, as recorded in the
records maintained by the office of the Property Appraiser, ate hereby
advised chat the Compliance Services Hanaqer, did on 10/09/97, order the
abatement o~ a certain nuisance ex,acing cn the above property prohibited
by Ordinance 9]-41, serving notice thereof u~on you, such nuisance being:
P=ohtbtted &ccu~ul&tton o£ non-protected mowab[e vegetation tn
Ycu ladled cc abate such nuisance: whe~ea~c, :t was abated by the
e×pendzture of puhl~c funds ~% a ~rort cos% of $ 4S.O0 and
a~m:n:stratlve cc~r ct $200.00 fo.: ,, tn, a[ of $ 245.00. 3uch CoStS, by
Resolu::on of %he Eca:~ of Cc::n%~. ';'.rm:~:anvrs c! Collier County,
shall teccme a lien cn the [,roFert7 thirty (30] clays after such
assessment.
¥~u may red,est ~, Lou:;n~ r,.f'r.~ ~t.,. Pc,~r~ ~f C~unt~. ~mm~ss:oners to
s~cw cause, :~ ar.y, ~!,y tr... u..~,.r:~ub ur,,f chdrgvb Jncu:reO by the County
shouts nc: co~s~::ute ,, t:e~ ,~(~:ns: the prc~er~y. Such request for
hearing must be ~.aae [o tN,. ,rlerk nf the Bc. ar.l nf County Com~isszoners,
Government Center, N,ples, Fl..rida ]~112 ~n writtn9 within thirty
days frnm the date ~ this .,~.~sment to t.o
C$Ce 9- 1/93
MAY 1 2 1998
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF CO~;TY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PU8LIC NUISANCE. IN ACCORDANCE
WiTH ORDIN~dCE 9]-47,
WHEREAS, as provided in Ordinance 9]-47. the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until pa~d; and
WHEREAS, the assessment shall become due and payable thirty {30)
days after the mailing o! No:ice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%] per annum on any
unpaid portion thereof.
NOW. THEREFORE, BE ~T RESOLVED BY TIlE BOARD OF CO~TY
COMMISSIONERS OF COLLIER COUNTY. FLORZDA. that the property described
as follows, and ha,..~ng been abated of a public nuisance after due and
proper not,ce thereof to the owner of sa~d property, ~s hereby assessed
the following costs of such abatement, to w~t:
Okiffey, Maurice
& ~aren C
8093 ~len Oaks Dr.
Warren. OH 44484
57733440003 71002-041
LEGAL DE$CRIPTZON[
cost
Lot nu~ber 12, Block 2?6, Marco $ 245.00
Beach Unit ~8 according to the
Plat thereof, recorded in Plat Book 6. page
63-68, Of the Public Records of CollAer
County. Florida.
The Clerk cf the Board shall ma:l a not~ce of assessment of lien
to the owner or owners o~ tbs above descr:bed property, and ~f suc~
owner falls ~o pay such assessment within thirty (]0) days hereof, a
cart/fled ccFy of this Reso!uticn shall be recorded In :he official
records of Collier County, to constitute a l~en against such property
according to law, unless such d[rect:cn ts stayed by this Board upon
appeal of the assessment of :he owner.
This Reso]u=~on adopted after motion, second and majority vote
DATED: ·
ATTEST:
DWIGHT E. BRDCK. CLERK
BOARD CF CCb".;T¥ COMMISSIONERS
C$,LL;ER CC[~,:TY. FLOR;DA
APPROVED AS TO FORM
AND, LEGAL OHFF;C~E:;CY:
-~ D~'/iD WEiGEL
COLg;TY ATTORNEY
CSce !1 - ~/98
BY:
BERRY. CHAIRMAN
LZ]EN P-ZSOLUTZON - CODE B:NlPORCXMENT CASE NO. 80105-067
RECORD OWNXR - Sl3~A/~r TR, LLOY*D G
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERkTIO~
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
IMPACT
o /o /98
03/06/98
Reimbursement of $ 290.00 may be antic/paced by voluntary
action or foreclosure.
OROWTH MANAGEMENT IM~AC~ Not applicable.
~COMMENDATZON
That the Board of County Commissioners adopt the Resolution.
PREPARED BY:
CUSTOMER ~ERVZCE REPRESENTATIVE
DATE:
BOARD OF COUN'T'Y
COLLIER COU~qTYo FLORIDA
LEGAL NOTICE OF ASSESSHENT OF LIEN
DATE: April 21, 1998
Lloyd G Sheehan TR
2626 Tamiam£ TRL E 17
Naples, FL 34112
ItEF~RENCE 80105-067 162099080009 LI£I!
LEGAL DESCRIPTIOU:
Lo~ 10, Block 10, NAPLES ltANOR ADDITION, according ~o
~hOrlof read=did ~ PII~ Book 3, Pagel 67 and 6~, of
Records of Collier County. Florida.
You, as the owner of the property above described, as recorded in the
records maintazned by :he office of the Property Apprazser, are hereby
advised the: the Compliance Services Manager, ~d on 1/6/98, order the
abatement of a certain nu~saa:e exlst~n~ on the dbOVe property ptohib~ted
b~* C~d~nance ~:-47, serv~n~i n'~t~re thereof ~pnn ynt~, s~ch nuisance being:
Prohibited accumulation of non-protected mowabll vegetation in
excess of 18" in height in a su~divilion other than Co/den
Estates.
~'~ faa:el ~n ~t~to ~u~:h nu:s,,nc~.; where~F.~n, 2t wfl~ a~.ated h7 the
exFend;ture cf put!zc fun:is at ,~ ,l~re,'t o',st o! $ 90.00 and
adn:~is:rat~'Je cant af $200.00 tot ~ tn:al of $ ~90.00. Such costs, by
Flor:da, ha~'e been assessel ~n:ns: t~e anave prnperty cn <date>
assess~:.
shaw cause, :f any, ~:,) tt.c. or.at.asses an~ charges zeta:fred t;)' the Count7
under thls Ordinance ate un~r:aate,J or excessive o: ~h7 such expenses
shcui~ not cnnst::ut~ a ~v:: .,~.,::.~: tt.,~ f,t~[,ett;.. ~,:'h request for
MAY 1
RESOLUTION NO. 98-
A RESOLUTZON OF THE BOARD OF CO~Ty COHHISSIONERS
PROVIDING FOR ASSESSMENT OF LZEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NU)SANCE, )N ACCORDanCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct coats of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property~
and
i~EREAS0 the cost thereof to the County as to each parcel shall be
calculated and reported to the Board o! County Commissioners, together
with a description of said parcel; and
kTtEREAS, such assessment shal! be a legal, va~ld and binding
obligation upon the property against which made until paid~ and
WHEREAS, the assessment shall become due and payable thirty
days after the mailing of Notlce of Assessment after which interest
shall accrue at a rate of twelve percent {12.0%; per annum on any
unpaid portion thereof.
NOW, THEREFORE. BE IT RESOLVED BY TI{E ROARD OF
CGMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
as follows, and having been abated of a public the property descrlbed
nuisance after due and
proper not[ce thereof to the owner of said Property. ~s hereby assessed
the ~ollowing costs of such abatement, to wit:
Lloyd G Sheehan TR
2526 T&miami TRL
Naples, FL 34112
620~9080008
80105-0~7
Lot 10, Block 10, NAPLES $ 290.00
I~NOR ADDZTZON, according to this
Plat thereof recorded in Plat Book 3, Pages
67 and 68, o~ the Public Records of Collier
County, Florida.
The Clerk of the Board shall mai! a notice of assessment of l~en
to the owner or owners of the above described property, and ~f Such
owner fails to pay such assessment wzthzn thirty {30~ days hereof, a
certlf[ed ccFy of :his Reso]ution shall be recorded in the
records of Collier Count,/. to constitute a lien against Such property
according to law, unless such d~rectAon xs stayed by this Board upon
ap~ea! of the assessmen: cf the owner.
Th~s Resclu=ion ads,ted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E B~OCF, , ~ . BOARD OF CO~;Ty COM~4ISSICNERS
COLLIER COld,ry.
APPROVED AS TO FORt.:
;~D LEGAL SUFF~CJE;:Cy:
ATTOR E
CSce 11 . 1/98
BY:
MAy 1 2 1998
LIEN ~SOLUTION - CODE ENFORCEMENT CASE NO. 80116-015
R~CORD OWNER - MC CULLOU(;~, RICHARD F
i
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL IMPACT
Ol/lS/98
o2/1~/98
02/24/98
o2/27/98
Reimbursement of $ 290.00 may be anticipated by voluntary
action or foreclosure.
GROWT~MARAgEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY:
Melody Bri~mman -
CUSTOMER SERVICE REPRESENTATIVE
APPRO/~ BY:
Vincent A. Cautero, A~mtn~atrator
Community Dev. & Environment&l Svcs.
DATE:
IOAAD OF COU~T%
COLLIER COU~TT. I~ORZDA
LEGAL HO?ICE OF ASSBSSH~"~ OF LIEN
Rtchard F Mc Cullough
255 Cocohatchee Dr.
Naples, FL 34110
DATE: April 21, 1998
~EFERENCE 80116-015 17726228000~
LEGAL DESCPlPTION:
L]£H NUHB£R:
Lots 42, & 43, Block 2, Trail Acres, Unit No. 2, tn accordance with
and subject to the plat recorded in Plat Book 4, page 62, Public
Records of Collier County, Florida.
You, as the owner of the property above described, as recorded In the
records mazntained by the oflzce et the Property Appra3ser, are hereby
advzsed that the Compliance Services Haas,Tar, d~d on 1/16/98, order the
abatement of a certazn nu3sance existing on the above property prohlbzted
by Cr~ance gi-q~, nary:no hotxce thu=e.,! upon you, such nuisance being:
Prohibited accumulation of non-protected movable vegetation in
excess of 18' in height ~n a subdivision other than Golden Gete
Estates.
YCu fal'e:t t~ a~-ale such r.;:s,,n-u: ~r. er,,u[-n, ~t w,,s ~tatec! by the
exDen~z:ure cf Du~Z:¢ fur~n5 at a cl~:ect ~', st of $ 90.00 an3
a~;n;$tr,-t,:..... ~: ,' f $200.00 :~ : ,~ t,' , .[ $ 290.00. Such cents, by
~eso~ut;.:~ '' : ~.v BJ~u ..... · . ;:.L', J~r.~::,:,: :.~:5 o~ C~] [:er County,
ri-r:~a, ~a'.'e t,.,~ a~,,-r.%,*j ,,.felt. st tt.~ ,,:'".'e F:~T.or'y on <date> and
$~all bercme n ;i,'.n ~n the [rr, r,~rtY th:r'', ~33~ :lays al:er such
Yc: ma;,. :agues: ,, !.ed::r.'j I,:f ;:,: the !:,.dr I '.f C,.,;a:;. C;.',,.',,',sslcners to
shew cause, zf an)., why :r.e ,"xr. enses and rhdroen lncqrred by the County
or:..'ter thl50r,'l'~nu.%ce are utwa::dr, te(! o: er.?, ess:v<, c,r why si)ch expenses
shcu'-d r. ct car. st;:u:o a :tar. ~';~;r.s,, ',:..: ~ororty. SuCh request for
hear:ag trust be r.,d;IC, t.r; t?,v ~.!~..:,. r,~ ti.,. i~:'url r,e* C~UZ3t}' Co~JtlS$ionefs,
Governmer,? Center, N,,plo.~, I"I :; i. q.ll[J in w:l:lh'l within thirty (30l
C[.E;'.~', ::C.:..!.; CF ::'';:;TY CS:.::.:ISSICN£RS
C$ce r.. 1/93
AOO
MAY 1 2 1998
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROV~D~NC FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE
WITH ORDINANCE 9X-47.
WHEREAS, as provided in Ordinance 9X-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property~
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of Co,nty Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal0 valid and binding
obligation upon the property against which made until paid~ and
WHEREAS. the assessment shall become due and payable thirty
days a!ter the mailing of Notice of Assessment after which interest
shall accrue at a rate o! twelve percent ¢X2.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF CO~TY
COMM~SSIONERS OF COLLIER CO~JTY. FLORIDA. that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of sa~d property, is hereby assessed
the following costs of such abatement, to wit:
Richard F Mc Cullough
2SS Cocohatchee Dr.
Naples, FL 14110
LEGAL DESCRZPTION~
COST
Lots 42, & 43, Block 2, Trail $ 290.00
Acres, Unit No. 2, in accordance with
and subject to the plat recorded in Plat
Book 4, page 62, Public Records of Collier
County, ?lorida.
REFERENCE:
77252280002 80116-015
The Clerk of the Board shall mall a nco:ce of assessment of llen
to the owner or owners cf the above descr:bed ~ro~erty. and if such
owner fails to pay such assessment within th;try (30, days hereof, a
cert:f:ed ccpy cf :his Resol ::~n shal' t.e r~crded :n the official
re:ords of Co~ller County, t~: c:nst:tute a ]:en aga:nst su:h property
according to ]aw, unless such direction ~s stayed by th~s Boar~ upon
appeal of the assessment ~ :he owner.
This ~es¢lution ad~:ed after ~ot~cn. st~'o:~d and ~a]or3ty vote.
DATES:
ATTEST:
DWIGHT E. 5ROCN, CLER~
RC'A~S. 5F Ct::NTY CO~15~ISS:ONERS
COLLIER COUNTY. FLORIDA
CSce !1 - 2/99
MAY ,1, 2 1BBS
LIEN R~$OLUTION - CODE ENFORCEMi~T CASE NO. 90116-018
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public nuisance a~ this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plan~ Control Ordinance.
CONSID~RATIO~
Case Summary:
a. Violation determina~ion
b. No=ice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated w/th public funds
e. Owner invoiced for costs
FISCAL IMPACT
APPROVED BY:
o / s/99
01/23/98
02/13/98
02/24/98
o2/27/ge
Reimbursement of $ 245.00 may be anticipa~ed by voluntary
action or foreclosure.
~ROWTHMANA~~ IMPAC~ No~ applicable.
]~ECOMMXNDATIO_~
That the Board of County Commissioners adopt the Resolution.
PREPARED BY ~
CUSTOMER SL~RViCE REPRESENTATIVE
intent A. Cautero, Adm/nistr&tor
Community Dev. & Environmtn=al 8vcs.
BOAP. D OF COUI~TT C01~ZSSIO~ERS
COLLIER COUNTY, FLORIDA
NOTICE ST ASSESSHEI~ OF LZ£N
DATa: April 21, 1999
420 Gr$££$th Ave.
O~enaboro, XY 42301
l~l~qt~TC~ 8011~-018 1~225~1~0004 LIEN NUMB£R:
L£GAL D£SCRIPTION:
Lot 2~, Block 7, Naples Hanor Lakes, evidenced by plat o£ record
Plat Book 3, pago 8~, Ln the Public ~ecordl of Collier County.
You, as the owner of the proper~y above described, ss recorded ~ the
records ma~nta2ned by the offtce o! the Property Appraxser, ire hereby
advised that the Compliance Services ~anager. d~d on 1/l&/~l. order the
abatement of a certain nuxs~nce exxstxng on the ah,,~e property prohibited
b7 Ordinance 9~-47. serv~n~ notsce thereof upon W,u, such nuisance being:
ProhLb~ted accumul&t~on off non-protected mow~le vegetation ~n
excess off ~8" ~n height ina a~d~v~.Lon otho= than Go/don Gate
You fa~led to abate Such nuisance; ~hereupcn, At was dbatod by the
expe~oztute o~ Fubl~c funds at a t~rect cost cf S 4S.00
adm~stratzve cost of $200.00 for a total cf $ 2~5.00. Such costs, by
Reso~utson of the {. ~:d o~ Cuunty Cc~r~55~onvrs of Collse~ County.
Flea,da, have been assessed against ~ho above property on
s~al] become a 13eh on the Fr~o:;~' :h;?t7 .3~, days afte~ such
s~c~ :susa, ~f any, ~h~' the ex~,:nses apo cbs:gas ~ncutred by :he County
under th:s Ords~ance are unwarrante,l ::r excessive QE ~hy such expenses
should ~ot co=s::tute a ]~."= aga~hs~ ~*~ rr~perty, Such :equest ~or
Governmen~ Cents:, Z:uplv~, ~. : ~,,,, .:~;.
in w:l~ l:,q w~t/;~n theft7
CL/~F, ROAPD OF CO[J~;TY
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROV:DXNG FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISanCE. IN ACCORDANCE
WITH ORDIt;~JCE 91-47.
WHEREAS. as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County. shall be assessed against such property;
and
WHEREAS. the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made un, il paid; and
WHEREAS, the assessment shall become due and payable
days after the mailing of Notice of Assessment after which Interest
shall accrue at a rate of twelve percent {12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CCMM!SS~ONERS OF COLLIER CO~;TY, FLORIDA. that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof ~o the o~ner of said property, ts hereby assessed
the following costs of such abatement, to
~AH~[ LEGAL DESCRiPTiON! COST
Bruce T & Elsye ~ Whitmer
420 Griili~h Ava.
O~enaboro, ~y 42301
~EFEREN{£:
62256160004 80116-018
Lot 27. Block ?. Naples Manor $ 245.00
Lakes. evidenced by plat of record
in Plat Book 3. page ~6. in the Public
Records of Collier County.
The Clerk ~ :he Bcar~ shall ma;l a nct~ce cf assessment cf lien
tc the owner or owners o~ the above described property, and ~f such
owner fa:is to pay such assessment w~th[n thirty (30~ days hereof, a
cert:fzed copy of :h:s Pe$o'u:~cn shall be recorded in the official
records o~ Cell:er County, :c const[tJce a lien a~a~nst Such property
accord:ng to law. unless such d~rect[on ~s stayed'Dy thcs Board upon
appeal of the assessment cf the owner.
Th:s Resolution adc~:e~ ~fter mc:con, second and majority vote
DATED: .
ATTEST:
DWI3!iT E. BRO$Y,
BO;,~D OF COL".;TY COM::ISSiO:~ERS
COL[.!E~ COL~WTY. FLOR IDA
hARBA~A B, bERRY. CHAIR,'.'J~I
CSce I1 i'9e
MAY 1 2 1998
.% .
I,I~ I~-~SOLUTION - CODE EN/'ORC~I:ENT CASE NO. 80:205-004
Board to accept report and adopt Resolution assessing a lien
against the parcel in order to recover public funds expended
to effect the abatement of a public' nuisance at this
location, all as provided for in Ordinance 91-47, the
Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
Case Summary:
a. Violation determination
b. Notice of Violation served
c. Verification of unabated nuisance
d. Nuisance abated with public funds
e. Owner invoiced for costs
FISCAL IMPACT
o2/o4/~
o~/o~/~
o3/o2/9~
o3/zo/98
Reimbursement of $ 245.00 may be anticipated by voluntary
action or foreclosure.
GROWTH MANAaEMENT IMPAC~ Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the Resolution.
PREPARED BY:
M,l~dy Bri.~geman 3 --
CUSTOMER SERVICE REPRESENTATIVE
APPROVED BY~
Vi~c~n~ 'A. C~ero, ~a/n~str&~or
Ccmmmnity Dev. & Environmental Svcw.
~AY 1 ~ 1998
I
BOAP. D OF COUNT! CC:MHI$$IONER$
COLLIER COUNTY, FLORID&
LEGAL NOTZCE eT ASSESSI~:NT OF
I~ur/ce C Rix
Cedar ~ay, FL 32625
PJ:IPEIt.I~ 80205-004
LEGAL DESCRIPTION:
DATE: April 21, 1998
16220352000R
LIEU NUMBER:
Lot 16. Block S, NAPLES MANOR EXTENSION, according to the plat
thereof, recorded ~n Plat look 3, Page 101 Ln the Publ~o ~ecozds of
You, as the owner o~ the property above described, as recorded An the
teco£ds ma~fl:a~fled by the o~f2ce o~ the Property AppraAset~ are hereby
advised that the C¢~pllance Services ~anaqer, d~d on 2/5/99, order the
abatement o~ a certaAn nu2~a~:e existing off the above property prohibited
~y Otd:nance 9~-4~, se~v~n~ not~ce thereo~ upon you, such nuisance
Prohibited accumulation of nonoprotected mowLble vegetation ~n
excess of 18" in height in a s~bd~visiofl other than Golden Gate
Estates.
You failed :c abate such n'~:sa~;e; ~ere~r:=, ~t was abated by the
ex;e=~:t~rn ~f ~,.!'i:: !~r.~:~ ,,. a .~::~ ~cs: of $ 45.00 ann
a~:nisttat:ve :~t ~f $200.00 ~-,: ~ '~tai ~! S 24S.00. Such costs, by
~r.r~ -a:,se, ;~ ar.~, ~t., ::... .':.~,'~f,e: ~r : ,'t. ar~.~s :~-,;:ro~ ~. the
Gover~men: Center, ::..! ~us, Fi ri,{~/ ].;1:2 :~ ~::ti~] -;:h;~ thirty
1 2 1998
RESOLUTION NO. 98-
A RESOLUTION OF Tile BOARD OF CO~Y COMMISSIONERS
PROVIDING FOP ASSESSMENT OF LIEN, FOR THE COST OF
THE A~ATEMENT OF PUBLIC NUISanCE, IN ACCORDANCE
WITII ORDINANCE 91-47.
WIIEREAS, as pzovided ~f~ Ordinance 93-¢?, the direct costs o!
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against much property~
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description o[ sa[d parcel; and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid~ and
WHEREAS, the assessment shall become due and payable thirty 130)
days after the mailing of Notice o~ Assessment aftez which interest
shall accrue at a rate o[ tweJve percent (12 0%~ per annum on any
unpaid portion ~hereo[. '
NOW, THEREFORE, BE IT ~ESOLVED BY THE BOARD OF COUNTy
COF~ISSIONERS OF COLLIER COUNTY. FLORIDA. that the property descri6ed
as [ollows, and having been abated o~ a public nuisance after due and
proper notice thereo[ to the owner of said property, is hereby assessed
the following costs o~ such abatement, to wit:
N&urice C Rix
PO Box 853
,Cedar Key, FL
32525
62203520008 80205-004
~EGAL DE$CRZPTZONz
Lot 16, Block 5o NAPLES $ 245.00
MANOR EXTENSZON0 according to the
plat thereof, recorded in Plat Book 3o Page
101 in the Public Reco=ds of Collier County,
Florida.
The Clerk of the Beard shall ma~l a notice of assessment of lien
to the owner or owners o~ :he above descz[bed property, and [[ such
owner fails to Pa7 such assessment wzthzn thirty (30} days hereo~, a
certzfzed copy o~ this eeso]ution shall be recorded in che
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of ~.he owner.
This Resolut:on adcFted after motion second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK. CLEKK
BOARD OF COUNTY COMMISSIONERS
COLLIER COb~TYo FLORIDA
APPROVED AS TO FORM
AND~ LEGAL S;3F~.ICIENCy:
COUNTY ATTORNEY
CSce 11 - 1/98
BY:
BARBA,~A B. BERRY. CHAIRMAN
MAY 1 2 1998
EXECUTIVE SUMMARY
WAIVE FORMAL BID PROCESS UTILIZING GENERAL CONTRACTOR, S
SERVICES WORK ORDER SYSTEM AND AWARD A WORK ORDER TO
PROFESSIONAL BUILDING SYSTEMS, INC. FOR TIMBER AND
FLOATING PIERS FOR SUGDEN REGIONAL PARK (PROJECT #80081)
(C.I.E. #724).
~ To obtain Board approval of a waiver of the formal bid process in
order to utilize the General Contractor's Services Work Order System, and to
award a Work Order to Professional Building Systems for construction of the
Timber and Floating Piers for Sudden Regional Park (Work Order #PB-98.1).
CONSIDERATIONS;_ On April 20, 1998, the Office of Capital Projects
Management opened quotations for the Timber and Floating Piers project at
Sudden Park from the four General Contractors under annual contract to Collier
County. Projects that are priced in this monetary category are normally subject
to an open public bid. However, in the interest of time savings, staff attempted
to obtain prices utilizing the annual contract, thus saving the advertising period
and the bidding time. The quotations received exceeded the monetary cap of
$200,000 established by the General Contractor Services contract. Therefore, in
order to complete the project prior to the planned guly 4, 1998 target date, staff
recommends that the Board waive the formal bid process and award the attached
Work Order to Professional Building Systems, Inc. in the amount of $236,000.
Prices offered are in the form of a lump sum but are subject to adjustment for pile
lengths and rock punching. The following bid tabulation reflects the proposals
received:
Professional Building Systems
Vanderbilt Bay Construction
Varian Construction
Surety Construction
$236,000.00
S330,000.00
$337,925.00
$356,000.00
FISCAL IMPACT: A budget amendment is needed to transfer S236,000 from 345
Reserves. This item was budgeted in the Countywide Parks Capital Fund (306) and
funded through a Florida Communities Trust Grant, however, the grant dollars have not
yet been received and the funding shift is needed to complete the project on time.
From:
Fund: (345) Regional Park Impact Fees
Cost Center: (919010) Reserves
Object Code: (993000) Reserve for Capital
Outlay
GROWTH MANAGEMENT IMPAC~T_: This Capital Improvement Element No.
724 is consistent with the Recreation and Open Space Element ~f the Grnu~th
Management Plan.
AGENDA ITEM.
To:
Fund: (345) Regional Park Impact Fees
Cost Center (I 16360) Parks Capital Projects
Project: (800gl) Sugden Park
HAY 1 2 1998
Executive Summary - Piers at Sugden Park
Page 2
RECOMMENDATION~S_: That the Board of County Commissioners:
1. Waive the formal bid process and utilize the General Contractor Service's
Contract,
2. Award Word Order #PB-98.1 to Professional Building Systems, Inc., in the
amount of $236,000.,
3. Approve the necessary budget amendment.
PREPARED BY:
.l~St~h lff.-D~-Iat'~, ASL-A, RLA; ProJect Manager
Office of' Capital Projects Management
REVIEWED BY:
Richard J. Hellriegel, P.E.; lnte~m Director
Office of Capital Projects Management
Malila RamseS, Dire,~or
Parks and Recreation
DATE:
DATE: r.//...~ ..~'~
REVIEWED BY:
Stepheil Y. Ca~:nell, Director
Purchasing Department
DATE:
REVIEWED BY:
Ed Ilschner, Administrator
Public Works Division
altnchmenl
EXSUM.JFD. Piets.$uldenPark
HAt' I 2 19911
WORK ORDER
'Gelerll Contractor's Ser~ice~'
C'oulrnct 197.2763. dated ,%larch 28. 19¢18
This Work Order Is for General Conlractor's Services. subject lo the Item1 and
conditions of the ConltaCl referenced abo,~e, for ~ork known as
ProJect: T,mbcrandTioatlng Piers for Sugden Regional Park
Work Is specified in thc proposal from Professional Building Sys:emt. inc. d~led
April 20, 1998. which is altached herelo and made a par! of rhl~ Work Order In
accordance wllh Terms and Condllmns of thc Agreement tefetc~ce~ &bo~e, Wo~i
Order ~PB-9$-I is assigned to Professional BuddmI S)'slems, lac
Sco~cof World: Furnish all matcrlals and labor for consztuchon of the Sugdcn Park
pier facilities. InClUdtfll aH limber and floaltnr p~et STtuClUTeS. pales, mc~Jcutll
earthwork, s~te preparation, shore inter;ices, o% crlind walkwa~s, ramps and
langways, tn accordance with the Con,Fact Dta~nls. Specifications and ~cuments.
using 2"x6' pla~uc lumber as the deck matet~al and 2%6' plashc lumber ns the
handrail matertal for timber docks.
Task I Timber and Floating Peers for Sugden Park
Schedule of Work- Complete within 60 days.
Llau~daledDamates; SS00perday for each and e~ery day thal the 60 da), schedule
exceeded.
Com~ensatlot~: In accordance s~lth hem No. 3 of the Agreement. the Counly
compensate the Firm in accordance ,x ith the ne~otiated lump sum amount provided ~n
the schedule below.
Task
'IO'IAL FLL S:30.OVV VU
An)' chant:c made subsequent to f~nal dcparlmcnl approval v. lll bc considered an
add111onal service and charged according to an e.,~ecutcd Change Order, as enumcralcd
in Exhlbll D oflhe Ag~ernen~ /,,
~[~rcclor
Adolfo A. ~onzntez. ~
Office of Capital ProJects Management
Maria Ramsey. DJr/ctor
Parks and Recreation Deparlmen~
/ Da'ac
Date
A I'T EST.
D'.'.lght E. Brock. Clerk
BOARD OF COL:NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
ATTEST:
Barbara B. Berry. Chairman
~be;t D. ~u~n. Pr~:dent
INC.
Work Order #PB.9$-I
Page 2
(or) Witnesses 121
HAY ! 2 1998
Approved ss to Form and Legal Suf/'~ctcncy:
Assistan! County Attorncy
JD/sc/wo#Pn.98.1
/ {P~tnt .~ J~ me I '~
'98 19 8 35
Collie~ ~ Oovn'nro~t Ccn~r
Napier, FL 34112
DATE DU~: 8'.30 AM. A~rfl 20. t99~
P-~: "l'lmber and Floating Piers for Sugden Regional Park*'
The Quotm' prupoa~ and qrtes, ift~ Quote is accepted, to contract with the County to
t*un:dth work in full, in con, lets accordance v,,fth the auached spccffleagons, accordinj to
the f'ollo~n~ lump sum l~Hces:
LUMP SUM
BID SCHEDULE
FLOAT~O 1,hms ro~, SUODEN ~ARK
(REVIS~D)
BASE BID ~PLASTIC LUM~ER DECK)
Furnish all materials anti Itbor for construction of the Sugden Park pier facilities,
including all timber anti floating pier s~'ucttnzs, piles, incidental earthwork, site
prepm'ation.. ~om interfaces, overland walk'ways, ramps and gangw,y,, in accordance
with the Contract Drawings, Spt~flc~ons and Documents, using 2" x 6" plastic lumber
st the deck nuterial and 2" x 6" ptasdc lumber u the ~.nArzil m,~erial lot 6tuber d~ks.
AT.r: PIERS LUMP SUM TOTAL ~'~ ~oc~ ,~
ALTERNATE BID (P.T. 8Y'P DECK)
Delete ptasttc lumber as deck ~ bandr~l material and sub~tute P.T. Southern Yellow
Pine u altcrrmti~.
ALL
6 ,~'6 F:'~4/88 ~ 14 '98 89:49
pn ~: ;_FNGTH ADF0$~S
B~sc bid should include labor and msierlal for all pile~ at the lenl'th aaticipated in the
Con~ Dmv4n~s, Speciflc~ons and D~:menu. However, due to the unprcdicuble
~ of pile inmlletion, longer or shorter Icnlths may be required or sufficient.
Accordin~y, for ~j~tmc=t In coriW~t price for v~ance in 14" ~uare concrete pile or
10" round limber pile Icastha (added or deducted).
UNIT PRICE · 10" Round Timber Pile
per Pla.ns and Specitications
UNIT PRICE - 14" Sqtarc Concr,:te Pile
per Pla,as and Specifications
$ tc~. /line. ar foot
$ Il. ainear foot
ROCK PUNCI-HNG Inconclusive htt'onnation exists with r~gard to the extent of rock
prment, if'any, in the locations proposed for pile driving. Pursuant to that certain
Cleotechnical Investigation, dated March 26, 1997, prepared by Universal Engineering
Sciences, Inc. and avzilshle for review, only rock fragments limited to nest surface layers
exist on site. However, this Ge~tochnical Investigation is based on only three t~st
borings, all on shore. Further L'fl'ormation gained from interviews with individuals
familiar with the site indicate that rock may be present, si lea,'l in surface layem, and si
le.a~t in the shallow water near shore. As an accommodation for this situs:ion, your base
bid shall assume no rock punching will be necessary, and include a unit price for
additional amntmts to be awarded per pile that requires punching. Punchi=g shall be
pursued only in areas where rock hzs been confirmed, reasonable alt~mpts have been
made to place piles without punching, and permission to commence punching operations
ha~ been received verbally from Owner's onsite repr~,entative, with follow-up a~reed to
in writing. In the event pile punching becomes necetsary, Contra~r shall irnmedisiely
notify Owner and provide Owner with justification confirming the hr'ed for punching.
Owner shall have the authorit7 to monitor all pile driving accompanied by pile punching,
and no punching shall occur without Owner's permission. The price ~justment For
punching shall be ~s follows:
Add Unit Price Per Pile Punched $ ~O_,O.
Ry si~ tlgs ~ iba m',darsi~ commits ~o compl~ the ~bove work
l~ tha Co,mt7 II~t~d dsmt~s in the .mo~i of $~00.00 p~r d~7 for ~ch
Nm'no of l~irm
TelcTbcrne
Prin~ ot Typed Nsm¢ of Owner/Rep.
Titla
COL~ .~R COUNTY FLORIDA
Bor~ing Requirrm~ts
Contractor sh~ll provid~ P~'for~nance md Pm~t Bon~, a ~c fo~ ~m~bed ~
~bit B, in ~e ~t of I~A of~ tonal ~o~q ~e ~m ofw~ch to be p~d
~d~ ~w~, ~ s~ sMll be ~ted ~ "A-' or ~ ~ ~ i~l poU~hold~
~q ~d C~ V or ~ ~ u ~ fi~ci~ she cmteio~ ~ te ~o~t ~
~i B~ K~ ~ ~de, publi~ by KM. Be~ C~p~y., Inc. ofT) Fulton
S~ N~ Yor~ N~ Yo~ I~3B. Should ~e ~n~ ~o~t be 1~ ~h~ S)~,~,
Ii'the =.tr~ty for =ny bond furnished by Contractor is dcclsr~ b~'flcrupt, bccomcs
insolv~t, its right do bu$ineas is terrnirated in the Stye of Florida, or it ce~e~ to met!
the requlrarnan~ imposed by thc Contract Documents, thc Contractor shall, with/n five
(5) c~lend:u' d~ys ther~a/ter, substitute another bond Md surety, both of which sh,tll be
subject to thc Ovmcr'm approval.
Bidders Statement:
We understand thc bondMg r~luircmcn~s of this proposal and that evidence of this bond
shall be requii-cd within five ($) days of the award of the bid.
Bidder
i~ns~fBidaer
EXECUTIVE SUMMARY
AWARD A CONSTRUCTION CONTRACT TO SALTSMAN CONSTRUCTION, INC, FOR
SUNNILANI) WATER CONTROL STRUCTURE, BID NO. 98-2798 PROJECT NO. 31702
O]~FEC~; To receive Board approval and award of a construction conu'act for Sunniland Water
Control Structure to Salts'man Construction, Inc. (Salts'man) in accordance with Bid No. 98-2798.
CONSIDERATIONS: The Office of Capital Projects Management (OCPM) has compleled the
design and permitting of the Sunniland Water Control Structure. Bids were opened on April 30, 1998.
The bid schedule allows the County to delay the construction should the canal water level be deemed
unacceptable for construction. Performance time for Bid No. 98-2798 is 50 calendar days for
substantial completion and 60 calendar days for all work and final acceptance.
The bid stage activities and results for the Sunniland Water Control Su'ucmre are summarized below:
(I) The Project was advertised for bids on April 5, 1998.
(2) A pre-bid conference was held on April 16, 1998.
(3) The bid opening was conducted on April 30, 1998 by the Purchasing Department staff.
Five bid proposals were received. Staff has evaluated the bids for the lowest amounts as
tabulated below. Saltsman's bid of $105.250.00 is the lowest responsible bid amount.
Bidder Bid Amopr~
SALTSMAN CONSTRUCTION. INC.
Masters Group, Inc.
Thomas Marine Construction, Inc.
Zep Construction, Inc.
Mitchell and Stark Construction Co. Inc.
Engineer's Estimate
$105,250.00
S 118,065.00
$124,000.00
S144,875.00
$240,000.00
$106, 288. 75
FISCAL IMPACT: A budget amendment reducing Stormwater Capital Reserves
(325-919010-993000) by $25,300 will be needed to make funds available in:
Fund No. 325 1981 Water Management
Cost Center No. 172951 Ban'on River
Projeci No. 31702 Sunniland Water Control Structure
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commis-~ioners:
(1) Award a construction contract to Saltsman Construction, Inc. in the bid am
$105,250.00.
(2) Direct the Board Chairman to execute the construction contract..
(3) Authorize staff to process the necessary budget amendments.
,,$GENOA ITEM
HAY 12 1998
Award Coagruction Contract to Sahsm~n Construction, Inc. for Sunniland Water Control S~ucture.. Bid No. 98-2798
Page No. 2
Micah K. ~as~qu~i, P.E, PMP
Project Manager, OCPM
Date: --q'""/" 9~
Richard .1. Helln~e - ~ ~' -
'gel, P.E.
Interim Director, OCPM
Johl/H. Boldt, P.E., P.S.M.
Dir~or, Stormwater Management
Stephi~n y. Car~ell Date:
REVIEWED BY: _ ~ ~ Date: Ed Ilschner
Public Works Administrator
Date: ..~"-/-' .~.~
HAY I 2 1998
EXECUTIVE SUMMARY
ENTER INTO AN AGREEMENT ~rlTH THE COLLIER COUNTY SCHOOL BOARD
FOR SUMMER CAMP FIELD TRIP TRANSPORTATION.
Objective: To obtain u'ansponation services for camp participants in a cost-effective and
reliable manner.
Considerations: For the past eleven (11) years Collier County has entered into an agreement
with the Collier County School Board to provide field irip transportation for summer camp
participants in bo~h the Naples and Immokalce area. Previously, school buses were the only
feasible solution. This year, however, staff has investigated the possibility of obtaining these
services through private providers. Staff received proposals from several firms including Good
Wheels which offered to provide services for the summer camp program countywide at a cost
that is approximately $1700 less expensive than the School Board's proposal.
Although cost saving is one factor to consider, dependability is another important factor. Since
Good Wheel's services have not been tested in this area for a large scope of sos, ice such as the
summer camp program, staff` is recommending a pilot program to test Good Wheers
performance. The pilot program would be conducted in the Immokalee and Everglades City
area. but the School Board will continue to provide service for the Naples area sites since their
service is historically reliable. If Good Wheels does not provide adequate service, staff'will have
the ability to terminate their purchase order and contract the services of the SchoOl Board at any
time.
The at~ached School Board Agreement provides for use of school buses and driv¢l'~ (Option A)
to transport Parks and Recreation Department program participants to any recreational attraction.
The County will pay the School Board a per hour rate of $17.26 for use of the bus and a driver.
This rate is calculated from the time said bus leaves from and returns to their transportation barn.
Additionally a rate of $1.08 per mile is charged. (Option B) provides only school buses. This
option is provided in the standard School Board Agreement: however, it is not 'a viable option
since staffdoes not have an.',' certified drivers.
Under Section ~. (7) of the Agreemem and pursuant lo Section 234.211(2) (b). the County has
provided a Certificate of Proof of Required Liability Insurance to the School Board in the
amount of $100,000. Upon Board authorization, the agreement will be executed until August 31.
1998.
Gross'th Management: None
Fiscal Impact: $26.500 has been budgeted to support This Agreement in the General Fund (001).
$8.500 in the Golden Gate CommuniLv Center Fund (130). and $10.000 in the lmmokalee
Special District Fund (111). It is anticipated that 75°/, ($33.750) will be reimbursed through
recreational program participant fees.
Recommendation: Staff recommends that the Board of County Commissioners authorize the
Board Chairman to execute the attached agreement from the School Board per the terms of
Option A.
Prepared by:~~'~~
Steve Peffers, Recreation Supervisor
Department of Parks and Recreation
Date'.:~
Reviewed and
Approved by:
Reviewed and
Approved by:
Reviewed and
Approved by:
I¢lurdo Smith, Recreation Manager
Department of Parks and Recreation
! l~['l~-Ramsey, ~irector/
Department of Parks and Recreation
Steve Camell, Director
Department of PurchasinCg
Date: ~..~ jr. ?j~
Reviewed and
Approved by:
Thomas W. O~iff. l~inistrator
Division of Public Sen'ices
Date: 4 Z'i ¢.~.'
.o. tt~(.e..) I
HAY 1 z 1998
TRANSPORTATION AGREEMENT
FOR
GOVERNMENTAL AGENCY
Tills AGREEMENT made and entered into this_ day of ,1998 by md
between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School
Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board
of County Commissioners of Collier County, Florida, (Agency).
',fi,'n'r~REAS, Chapter 234 of'the Florida Statutes authorizes locaJ school districts to enter into
agreements with organizations for the use o£school buses belonging to the school dlstHct, and
WHEREAS, the Agency desires to utilize the school buses of'the school district, and
WI:TEREAS, Section 234.21 l(l)(a), Fla. Stat., provides that each school district may enter
into agreements v,4th the governing body ora county or municipality in the school district or any state
agency for the use of' school buses of the school district for transportation of the elderly,
transportation disadvantaged or for any county, municipal or state purpose.
WHEREAS. this Agreement contemplates two (2) use options available to the Organization.
Option A is for the provision of buses with drivers and Option B is for provision ofbuses only.
Reimbursement to the School Board shall be based upon the Option selected by the Agency as
determined by this Agreement.
IT IS THEREFORE AGREED:
1. Option A - Bus and Driver:
(l) The School Board shall provide buses with drivers in accordance with the
terms provided herein.
HAY 1 2 1998
(2) For each vel~cle and driver, the Organization shall reimbune the School Board
for the use ofthe vehicle at the rate of $17.26 per hour md :$1.08 per mite and a fee (labor rate a~
needed) for cleaning and maintenance.
mileage.
2.
each bus.
Each vehicle wiJ. I be billed a minimum of'two hours plus
Option B - Bus Onl,,_':
(l) Orga. n~z. ation agrees to pay to the School Board $1.08 per operated mile for
Operated mile is defined as every mile for each bus. Operated miles is further defined
every mile the vehicle is operated in support of the Organization's Program, whether with passengers
or not, and to include necessary trips to and fi'om a School Board Transportation Department.
Mileage will be recorded and billed by the School Board. Such bus will be returned to the
Transportation Department of'the School Board al the end of'each operating day. The Organization
will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not
cleaned.
(2) Such bus will only be operated by employee~ orthe Organization who are
licensed and approved as school bus drivers by the Department of' Transportation oF the School
Board.
3. The Agency agrees that z;I requests for use ofbus~.s and drivers will be made at least
two weeks prior to the date requested. A/i service is contingent upon buses and/or drivers
availability.
4. The Agent3. agrees that in the event ora cancellation the School Board will be given
24 hours advance notice. In the event the notice of'cancellation is not issued to the School Board
with 24 hours a 2 hour charge per vehicle will be due and payable to the School Board.
5. Payment for services rendered or due shall be assessed by the School Board by the
10th ore, ch month ~nd paid by the Agency by the 30th of each month.
6. The Agency shall inderr~fy and hold harmless the School Board from m~y m~d ~I1
l~ability of the School Board by virtue of these use of the school's vehkles.
?. The Agency, pursuant to Section 234.211(2)('b), Fla. Stat., sh~l for purposes of
liability for negligence be covered by Section ?65.28, Fla. Stat.
$. The Agency agrees that there shall be no fee charged to passengers on the bus.
9. Effective ,lanuary 1, 1995, each agency entering into a Transportation Agreement with
Collier County Public Schools under Option B shall comply fully with the Omnibus Transponagon
Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor
vehicles, including school bus drivers, and who are subject to the requirements of a Commercial
Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may
utilize the school district's approved testing lab and the Agency shall pay the costs for each person
tested by the laboratory.
10. The use ofvehicles by the Organization shall at all times be subject to rules adopted
by the School Board
11. This Agreement shall commence on the date first above written and remain in effect
through August 31, 1998.
12. This Ali~'eement represents the entire Agreement between the parties and may not be
amended except by written instrument signed by all parties hereto.
13. All the terms and provisions of this Agreement shall be binding upon, inur~ to the
benefit or and be enforceable by the panics and their legal representatives, successors and ~ssi~ns.
IN WfTNESS WHEREOF, the parties have executed this Agreement on the day, tnd year
first above written.
Signed in the Presence of'
DISTRICT SCHOOL BOARD OF
...'-.- /
Robert E. Mdnz, '- -'
Superintendent
Pamela M. Cox, /
Chairman .
ATTEST:
DWIGHT E. BROCK, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Deputy Clerk
Approved as to form and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
BY:
Barbara B. Berry, Chairman
A <:ON'~ C'r, ccp ~
EXECUTIVE SU~fMARY
APPROVE THE CONSOLIDATION OF TWO PART TIXfE PARK RANGER POSITIONS INTO ONE FULL
TFbTF- POSITION.
Objective: That the Board of County Commissioners approve the consolidation of two regular pan time positions
into one regular full time position.
Comtderation: Siaffproposes to consolidate two regular pan time posilions into one full time position in order to create
consis~ncy with the park nmger staff which will raise the level of service to the public. The poskion consolidation will
no~ cause any fir, cai impact in FY98 due to savings from position vacancies: in FY99, the consolidation will cou the
County $4300 in health insurance benefits. The other benefits and salary ate currently budgeted and will not increase
with the consolidation.
Currently the Parks and Recreation has two vacated pan time park ranger positions, which have been difficull to fill and
maintain. Firs~ of all, applicants for pan time positions have been fairly scarce due to the nature of the position. Park
rangers are scheduled to work weekends and holidays, and they are required to accomplish tasks such as minor exotic
plant removal, cleaning of beach areas, and offering interpretative programs to the public. This combination of,fob
specificaIions has limited the number of applicants at the part time level as evident by the fact that one of the positions has
been posted bm unfilled since October. These vacant positions hinder suits ability to provide coverage where it is
needed.
When suffhas hired someone, it has come al a cost of service as well. Often times, the new pan time ranger refuses to
contribule 1o all aspects of the position after being hired (i.e. refusal to work certain days, refusal to participate in the
weekly interpr~ative programs etc.). Additionally, attendance and complacency, has also been a problem since the
!position is not a career choice for many. This attitude places greater s~ress on the existing staff to pick up the load of
work. Staff believes consolidating the positions will introduce a higher level of applicant who is looking at the position
more so as a profession instead ora pan time job.
Growth Manageme'nt: None
list'sl Impact: The position consolidation will not cost the County anything in FY98 due to savings from the vacant
positions. The fiscal impact to the Beach and Water Park Operations Budget (00~-1:~6363) in FY99 will be $4300, the
amount allocated for employee health benefits.
Recommendation: That the Board approve the .:onsolidation ofthe park ranger positions.
~/-John Dunnuck. oper~tio~-s Coordinator
' Department of Parks and Recreation
Reviewed and ~'~f!/,~
Approved by:
Depanmem of Parks and Ricreation
Reviewed and
Approved by:.
Thomas W' Olliff. ^dm[~ls~jrator
Division of Public Servic'l~
pate:
Agenoa ,~ ~t~Lm
. NC.
HAY ~ 1.qq8
~xtcu~ s~¥
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWkRD BID
dl98=2'/96 FOR ~ RENTAL OF TWO HYRAULIC TBASI! ~ TO SLOAN PUMP
COMPANY, INC. AND AIq~OVI A BUDGET AMENDMENT lrOR TRANSFER OF IRINDS
FROM CAP. AL OUTLAY TO RENT EQUIPMENT
~ To rward Bid 9~.2796 for the Renm of Two Hydraulic Trash Pinups to Slotn Pump
Company, Inc. m~d amhorize a Budgcl Amcndment to tt~r~'_ er funds ~om Capital Outlay lo Rgnl
~t. -
CONSID£J~,ATIONSI On March 30. 1998 im'itations to bid were sent to fo~' eight (48) vendort The
Bid Opening ~ held on April 22. 1998. three ¢3) 'No Bids' and t~x) (2) proposals were receix~d. Staff
has reviewed the prolx~ls and finds Sloan Pump Compare.'. Inc. to be the Iow~%-t bidder and therefore
recommends that Bid ~8-2796 be awarded to Sloan Pump Company-, Inc.
IriSCAL IMI)ACT; The estimated fiscal impact for Bid #95-2796 is S40.500 ~ith funds available in the
Operating Budget of Fund 320. Cost Center 183800.
GROgeTH MANAGEMENT LM~A~: None
RECOMMENDATION; That the Board of County Commissioners a~ard Bid #98.2796 for the Rental of
x. Jj~rai ~.~utJ?' U'kffIG J2o-1II78o0-763100-01 lo Ecnt Equipment (Fund 320-183500-644600.0}.
~ /
~e~B.v:.. ~'""" i _ ~ t~AVe: "' ~.,', "'
'J'an~s ?. Wird. Division
, . . ,_
Sle~ Carnell, Purchasing Dircclor
.o.._'_/_ '~ /
MAY 12 m8
h t
DOCUMENT MISSING
ITEM # 16E 1
Page 2 and 3
MAY 12 El~8
pe /7//
APPROVAL. OF BUDGET AMENDMENTS
BCC,.,41ends of 5/12/98
A~omated Information System (Fund t505)
Budget Amendment No. 98-224
Client S~non System
Data Processing Equipment
Sof~vare (Genertl)
OTher TraLning (Educational Expenses)
Total
~$,,000)
S(5.000)
$10.000
$10,000
These fmxis were origir, zlly scheduled for computer equipment and mfxware for I~e Direct Client Section of ~ IT
Deparmx'nt. Thai equipment will not be needed durLng this current fiscal year due Io an adjustmen! in scheduled
work.
~EC0~END THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE THE
COLLIER COUNTY S~ERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED
FUNDIN~ FOR THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIR' S
ANTI-DH~ ACT FORMULA GRANT PROGRAM.
~ TO obtain the Collier Cou Comission's
endorsement of the Sheriff's Office grant application for funding
from the Florida Department of Community Affairs' Anti-Drug Abuse
Act Formula Grant Program for the Serious Habitual Offender
Comprehensive Action Plan (SHOCAP) Program.
CONSIDERATION, At the request of the State Department of
Co~manity Affairs, the Collier County Commission agreed to be the
coordinating unit of government for the local application for the
Anti-Drug Abuse Grant application (April 7, 1998) Agenda Item 16
(H)I. The Collier County Sheriff's Office requests that the County
Co~nission execute the necessary documents to allow the formal
application be submitted for third year grant funding for the
SHOCAP Program's four positions.
FISCAL IMPACT= Seventy five percent (75% or $147,421.00) awarded
by State and twenty five percent (25% or $49,140.00) local matching
funds from Fund 602 (Confiscated Trust Fund reserves 602-919010-
991000). Funds are included in the FY 99 budget.
GROWTH IKPACT~ This grant is a continuing four year grant program
that requires reapplication each fiscal year. If the grant funds
are terminated or other grant funding is not available at the end
of the fourth year, future payroll costs will either be absorbed
through vacancies arising due to normal attrition, or approval for
funding or reallocation of any positions will be requested from the
Board.
RECOMMENDATION= That the Collier County Commission endorse the
Anti-Drug Abuse Act Formula Grant application for fiscal year
1998/99.
PR~P~ BY;
APPROVED BY~
J~/a: xssh3y
._~inance Di~ t O~
D~h[riff
April 16. 199~
/
FILE NO,:
ROUTED TO:
Date: April 16. 19~
DATE RECEIVED
DO NOT W~ITE A~OVE THIS
~EQUEST FOR L~ BERVlCRS
To: Office of the County Attorney Attention: Thomas Palmer. Est.
From:
Re:
Cry_stal K. Kinzel0YY
(Name) v -- T--..---
Sheriff' s Office
Anti-Drua Act Formula Grant
, Finance Director ....
Finance Division
{DeparCmen~ }
Program applica~iQ~
BACK~ROUND OF REQUEST/PROBLEM:
On April 7, 1998 Agenda Item 16(H)l, the Commissioners agreed to act as the
local coordinating unit of government and endorsed the Certification of
Participation in the Department of Community Affairs' Drug Control and System
Improvement Program (Edward Byrne grant). The Sheriff is seeking endorsement
of the Byrne grant application for third year funding for the Serious
Habitual Offender Comprehensive Action Plan (SHOCAP) Program.
THIS iTEM HAS/~_]~Q~ aEEN ~REVXOUSLY SUBMITTED.
ACTION R~QUESTED:
(]it veF~j, Ipeclf~c.
Legal approval of
OTHER COMMENTS:
Zdencxfy exactly what you need [n the wa). o~ legal aery:cia. )
grant application.
C: Don Hunter. Sheriff
or Con~t~cut~o~l Off~cer.~
~h/a:lesk3y
I~ $. Macq<ie
O~qc~ 4
April 7, 1998
El.St ?l~l~'e~ TrlH · NIDII$. Fh:~ 34112-4977 {941) 774.80~7 · Fix (g41) 774.3~02
CERTIFICATION OP PARTICIPATION
Mr. Clayton H. Wilder
Department of Community Affairs
Division of Housing and Community
Development
Bureau of Community Assistance
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Dear Mr. Wilder:
This is to inform you that the Board of County Co~nissioners
accepts the invitation to serve as the coordinating unit of
government in the Department of Community Affairs' Drug Control and
System Improvement Program (Edward By:ne).
For purposes of coordinating the preparation
application(s) for grant funds with the Bureau of
Assistance, we have designated the following person:
Name:
Joyce Houran
of our
Co~unity
Title:
Grants Coordinator
Agency: Collier County Sheriff's Office
Address: 3301 Tamiami Trail East
Building J - Finance Divisio~
Naples. Florida 34112
Telephone: 941-793-9346
Sincerely,
INDEX
COLLIn COUNTY smzFF'S OFFICE
SZCTZON II
N/A
Subgrant A991ication
Signature Pages
Application Review Checklist
Signature Authority Letter
A~PENDIX
APPENDIX II
APPENDIX III
APPENDIX IV
51% Letter
N/A
ADP forms
EEO Certification Letters
a:shin
SECTION I
NOT APPLICABLE
INTENTIONALLY LEFT
BLANK
Pru~ ¢on~o! w~d ~e,~ Ir~?rove~e~, Formula ~rant
(Ed~r~l ~yrn~ Memorial ~r. wr.~ a~d L~c~I AB~i~tan~ ?r~gram ),
Section Il
Subgrant Application
Orug Cont.-al an~l ~ysr~m Improvement Formula Gra~,: Program
Na.,"n¢ of ~h,~ Elects: ~".c~a:: Barbara B. Berry
'+.:lo. Chai~oman, Collier Count. y Cor~ission
,~are~: 3301 Tamlami ~cail East, Building "F"
Ci:..v. 5:m:~. Z,p C~: Naples, Florida 34112
( 941 )?74 8393 I 774-8493
C~hi~,'f Fmancial
Name cf Cn,~ Fmancial ~icee: J~es Mitchell
I Area Coat/Fax Flnone No:
(941)774 - 3602
T~Finance Director, Debut Clerk
~~ies, Florida 34112
941~774 6179 (941) 774. 8356
~a~e cf Ch,~ Ex~cut~,e C~,C a:. ~n Hun~er
3301 Tamiami Trail East, Building "J"
5;~:¢. Z;F Joae: Naples, Florida 34112
941~774 ' 4434
Na~e ~ ~j¢c: O,r~c~ Paul Canady
Captain, Youth
A~d;e~: 3301 Tamiami
Prevention Services
Trail East, Buildin~ "A"
Cil:y. 5:ar~. Z;F Code: Naples, Florida 34112
L,O~¢/~ ¢.¢FmOn¢ No:
(
Name aha Tit~¢ ~ Contac~ ?¢rson: Joyce Houran Grants Coordinator
A~a~¢~e~ 3301 Tamiami Trail East, Building "j-
-~y. 5La:¢. Zip ¢od¢: Naples, Florida 34112
Area Code/Telephone No
( 94~ 793 '. 9346
- 9405~_~~
~. ,'~dm~n 6T, raT,,v¢ ~aT, a
Drug Ccn~rot and ~y~tem Irn£rovcment. Formu!a ~rtn~
('Eawara ~c Mcmo~l ~ a~ Lo~I A~,~
~ri°~ Habitual Offender C~rehensive Action Plan (S~)
For ~' eriod.
~e~i~nin~ 10 i 1998
Ena;ng 9 30 1999
le :h¢ 5ul~gran-~e Or T, he kn/ement, ina Agenc~ a Member o~ a Local CHminjI Ju~cg ~
Council or ~ecance A~ue~ Policy ~vJ~o~ ~oard. Co~,~io~. or Council?. (~a ~he ~ro~ram
Collier County Sheriff's Office
3301 Tamiami Trail East
Buildin9 "J" - Finance Division
Naples, Florida 34112
~lec~ron c ~ran~f~r pre, ram. r¢imbur~eme-; canno~ b~ remitted ~ an~ o~h~r
M~hoa of Payment: ~ Monthly ~ Oua~rty
(1~ i~ manaa~ tha~ th~ m~hod e~fe~ b~ con~i~nt ~hro~Out :he ~ir~ gra~ ~erioa.)
V_er. dor .' (Enter Federal 5m.~lover Iden~ificat, ion Numbe~ ~ 5u~aeante¢l:
59-6000-558
N/A
('5¢e 5ecto~r, n., ?ara.a;apn 1~* for a aefin~ion of ~Gi.)
(If Ye;,, a l~t-~er ~ reaue~: m~ I~e
Drug Con,rat and 5y~tm Improvement Formula Gra~,= Program
[~. Fro~ram OJr.~
(Edward ~? ~o~a/ ~ ,~n~l Local
~e a ehO~ eumma~ Cf ~u? currcn~ pro, ram and d~cHb¢ a~ ~a~ P~e~ cu~em~ a~
Problem Identification
The specific problem to be addressed with ongoing subgrant funds is the
chronic juvenile offender situation in Collier County.
This Agency's "Serious Habitual Offender Comprehensive Action
Program" will continue to deal with a small percentage of the juvenile criminal
population (approximately 5-8 %) who are responsible for the majority of crimes
(over 50%). These habitual juvenile offenders, or "SHO's", present a greater
than normal threat to the community. It is the position of law enforcement
nationwide that they be the focus of an enhanced and organized effort to identify
the serious habitual offenders and deal with them on a more informed basis.
SHOCAP increases the quality and relevance of information provided to
authorities in the juvenile and criminal justice systems to enable them to make
more informed decisions on how best to deal with the very small percentage of
serious habitual offenders.
National research projects and informal surveys have shown that for every
1,000 young people who come in contact with law enforcement, 10% (or 100),
are arrested. Police commonly drop charges or reprimand about 50% of these,
leaving 50 cases. Of the 50 cases formally presented to the court intake, only
about 50%, (or 25), are sent forward. Unless a young offender has been arrested
before, or the immediate offense is serious, less that 60%, (or 12), will be
referred to the court. Less than 50% of the cases presented result in the
adjudication or determination of delinquent status. Only six (6) will be found
guilty. Of the six (6) sentenced, five (5) will probably be placed on probation.
This leaves only one (1)juvenile out of the original 1,000 who will be
incarcerated and that incarceration is usually minimal.
Since the implementation of the SHOCAP initiative in Collier Count>'
during grant years 96-97 / 97-98, the percentages of serious habitual juvenile
offenders that have been identified have remained consistent with those
predicted. Of the 1596 juvenile arrests screened to date, one hundred sixteen
(116) or 7.2% have met Collier County's criteria to be designated as SHO's.
The SHOCAP initiative in Collier County has created a communit>'
parmership through an inter-agency agreement. By sharing of information the
SHOCAP team has been able to compile detailed information on SHO-subjects
that has enabled the juvenile justice system to impose informed, constructive
controls and sanctions on these repeat offenders that are in the best interest of
the child and the community. Due to the constant exchange of information
between the various parmers, the offender is no longer able to hide in that cloak
of invisibility that has historically protected him/her.
In its first year of implementation in Collier Count>', the SHOCAP
Initiative has enabled the community to identify repeat offenders and those first
time offenders who have commined serious violent crimes. We have been able
to place chronic habitual offender,~ under a microscope and analyze their
histories in order to place sanction,s upon them that are informed and beneficial
to both the community and the SHO-subject. We have identified first time
violent offenders and are controlling them through intense monitoring and
sanctions to prevent them from continuing their criminal careers. The net result
of this is that the Serious Habitual Offender is no longer invisible to the
community, and the juvenile justice system and his/her peers are receiving a
message that criminal activ/ties will not be tolerated. Additionally. our first time
violent felony offenders are learning that Collier Count)' will not allow them to
continue in their criminal careers by repeating the system's mistakes of the past.
During our second grant year we have focused upon an intense monitoring
system that ensures accountability and responsibility on the part of the Serious
Habitual Juvenile Offender. Juveniles that were previously placed in programs
during our first year of operation are now being released and placed back in the
community on Post Communi~.. Control. These are the juveniles at the highest
level of risk. Once introduced back into the community, the SHOCAP team
must ensure that they do not gravitate back into their former iifes~les and
associations with their old criminally-oriented peers. The method of ensuring
this is through intense monitoring and personal interaction with the juvenile
while they make these adjustments.
We are midway through our second grant year and are now seeing the
results of those efforts. Juveniles who have committed their first violent crime
are not re-offending. This is largely due to the extensive monitoring and
personal interaction that is taking place between those juveniles and the
SHOCAP Initiative.
The Collier County SheriWs Office wishes to continue implementing the
SHOCAP initiative goals by providing the staff and equipment necessary to
maintain the existing program instituted in grant fiscal years 1996-1997 and
1997-1998. The continuance of this program is necessary in order to identify,
track, monitor and bring judicial attention to both the worst of' the worst juvenile
offenders as well as those new violent crime offenders who are on the path of'
becoming serious habitual offenders.
jh/a:shocap" 1 .doc
t!
PROGRAM DESCRIPTION
On November 15, 1995 Collier County was selected for inclusion into the
Florida Serious Habitual Offender Comprehensive Action Program (SHOCAP)
Initiative.
On October 1, 1996, the first grant funded fiscal year of the SHOCAP
InitiatiVe began in Collier County, Florida. Collier County Sheriff's Office
Captain Paul Canady is the Collier County SHOCAP Coordinator.
On October 1, 1997, the second grant funded fiscal year of the SHOCAP
Initiative began in Collier County, Florida.
Additionally, during the second grant quarter of our 1997-1998 grant year
the Collier County SHOCAP initiative applied for and received federal fiscal
year I996 excess grant funding to supplement the additional costs of a second
SHOCAP Investigator. These monies acted as seed money for a new
Investigator's position and equipment that will augment our monitoring abilities
on identified SHO-subjects.
SHOCAP is an information and case management program on the part of
law enforcement, probation, prosecutors, social services, corrections and other
community service organizations. SHOCAP enables the juvenile justice system
to give additional focused attention toward juveniles who repeatedly commit
serious crimes with particular attention given to providing relevant case
information for more informed dispositions.
In order to continue focusing on the intense and time consuming efforts
needed to increase the number of identifications, prosecutions, convictions, and
monitoring of SHO-subjects continued grant funding is required to support the
existing positions. Continued funding is necessary for the SHOCAP Section
Supervisor, One (1) Investigator, One (1) Senior Analyst, and One (1) Data
Entry Clerk / Secretary.
The existing staff will continue !o augxnent the current Serious Habitual
Offender Juvenile programs by performing additional, specialized tasks geared to
increase the number of Serious Habitual Offenders that are arrested, identified,
prosecuted, and monitored. The basic strategy will continue to be, coordinating
and strengthening enforcement and prosecutorial activities at key points in the
juvenile justice process. Early identification, enhanced tracking"61' gerious
habitual juvenile offenders and elevating their cases to a high priority will
continue to be the cornerstone of this sn'ategy. The program also includes early
identification of pre-SHO habitual juvenile offenders for intervention and
prevention of their becoming serious habitual offenders.
The SHOCAP Section Supervisor is responsible for supervising all
members assigned to the SHOCAP Initiative. The Supervisor also conducts
inspections to ensure that each file contains the required proper documentation.
The Supervisor publishes, monthly, a complete list of all juveniles that have
been identified as serious habitual offenders. The lists are distributed to all law
enforcement agencies and other community partners on an as needed basis.
The SHOCAP Section Supervisor and Investigator use the powerful
impact of visual aids in the training of the community and all of the community
partners. An intense effort is made to educate government, the business
community and the private sector about SHOCAP so that they can participate in
the program and enhance its abilities.
The primary responsibilities of the SHOCAP Investigator are to create
comprehensive files containing an accurate profile or case history, perform post
arrest case enhancement, appear at court proceedings, assist in formulating
informed sanctions and perform intense monitoring on the identified serious
habitual juvenile offenders.
The Investigator compiles information from community partners and other
sources pertaining to identified SHO-subjects. This information is placed in the
subject's file and the Go-Trak database to document his / her history for later
use by the Courts. In addition, the Investigator creates documents that identify
serious habitual juvenile offenders and distributes them as part of an ongoing
sharing of information between the community partners. The Investigator acts as
a liaison between the SHOCAP office, the community partners and the juvenile
.justice system in order to maintain a constant exchange of information.
The Investigator, Department of Juvenile Justice Case Managers and the
prosecuting attorneys examine each SHO.-case in detail. They consider the
quality and legality of the evidence, strengths and weaknesses of law
enforcement's cases, credibility of the civilian victims and witnesses, technical
case problems, gaps in documentation and possible defense strategies. The
Investigator assists with any post case prosecution needs as well as attending all
Sho-subject court appearances. The Investigator also prov/des th~ Court with a
comprehensive history on all Sho-subjects and assists in formulating informed
sanctions ~.Lpon conviction that are in the best interest of the juvenile and the
community.
The Investigator also assists the ShefiWs Office Victim Assistance
Bureau and Court Liaison Section. The Investigator ensures that all victims and
witnesses on Sho cases are confident, well informed, comfortable and available
when needed. The investigator assists with questions, courtroom and procedure
orientation and transportation to and from court appearances.
The SHOCAP Analyst conducts daily screenings of juvenile arrests to
identify, Serious Habitual Juvenile Offenders. The Analyst then obtains the
juveniles criminal history and evaluates it by entering it into one of the
SHOCAP databases. When the analyst identifies a new or previously identified
SHO-subject she creates a file or retrieves the existing one on the subject. The
Analyst then makes the basic information entries into the Go-Trak database
system and the file before passing it on to the SHOCAP Investigator.
Additionally, the Analyst obtains subject photographs and creates the
notification forms distributed to the State Attorney's Office mad the Department
Of Juvenile Justice notifying them of a subject's classification as a SHO.
Further, the Analyst collates all of the collected information on SHO-
subjects and completes analysis on their trends of criminal activities. The
Investigator and the community partners utilize this information to assist in pro-
actively monitoring the SHO-subject's activities. Both the Analyst and the
Investigator maintain a strong working relationship with the community partners
in order to encourage a continual and efficient exchange of information on Sho-
subjects.
The SHOCAP Data Entry Clerk / Secretary is responsible for all necessary
data entry tasks on SHO-subjects. These areas include, but are not limited to
past arrests, field interview repons, school attendance, grade and discipline
repons, contacts with the Department of Juvenile Justice, Children and Family
Services and any other data necessary to create a complete profile on the serious
habitual juvenile offender.
The Data Entry Clerk also assists the Analyst in the preparation of SHO-
subject profiles. Her primary responsibility in this area is in the maintenance of
the computerized and hard copy files kept by the SHOCAP section.
,q
In summary, The Collier County Sheriff's Office requests that the four (4)
positions currently funded be continued. Overtime funds will be used for
ongoing subject monitoring by SHOCAP staff. The CCSO will continue to
significantly impact the success rate of our serious habitual juvertile offender
identifications and prosecutions. With this funding commitment Sheriff Don
Hunter of the Collier County Sheriff's Office is also willing, as in the past, to
absorb the costs of equipment, fuel, maintenance, office operational
expenditures, and any other operational costs necessary to ensure the success of
this program.
jh/a:shocap"l .doc
I
17
Dru!~ Ccn~roi an.'~ 5y.~'m ImFrov~mg~r. Formula
~gm j~ an inCOm~l~ a~l;ca:ion will n~ be CO:5~gr~ for 6u~ran:
PROGRAM OBJECTIVES AND PERFOR. lANCE MEASURE.~
Program Objective 16.A. 1
Pro,ram Objective 16.A.2
Program Objective 16.A.3
To review 1400 juvenile criminal cases and, using
SHOCAP criteria, identify offenders who meet
these criteria.
To investigate, track, and monitor 60 juvenile
SHOCAP offenders, especially those who are on
community control.
To charge and prosecute 30 juvenile as SHOCAP
Offenders.
Program Objective 16.A.4
Program Objective 16.A.5
To meet quarterly with community partners to
exchange information on SHOCAP offenders
including criminal activity, school attendance,
discipline problems, etc.
To publish a listing of SHOCAP offenders,
updated monthly, and disseminate it among
community partners.
SALARIES & BENEFITS~
Regular Salaries
Overtime
Incentive
Social Security (7.45%)
Retirement - High (27.10%)
Retirement - Low (17.10%)
Health Insurance
Life Insurance (.33%)
Workers Compensation (3.52&4.63%)
Total Salaries
$125,538.00
11,275.00
3,120.00
10,693.00
23,658.00
8,629.00
9,000.00
478.00
$196,561.00
These project costs are necessary and reasonable for proper and
efficient project administration and implementation and NOT E
general expense to carry out overall responsibilities.
Pursuant to Section 932.705 (4)(A) Florida State Statute, matching
funds of 25% of the project's cost will be provided by the
Confiscated Trust Fund.
Purchasing methods conform to existing policies, regulations and
procedures. Net of all applicable credits does not apply.
Allowable project costs will be expended or obligated during the
approved subgrant period.
Overtime in the Salaries and Benefits Category line item in Section
G includes both salary, overtime and benefits. The position
continues the net personnel increase established during the initial
year of the grant program.
Cost principles pursuant to OMB Circular A-87; Uniform
Administrative Requirements pursuant to OMB Circular A-102; and
Audit of Federal Grants requirements pursuant to OMB Circular A-133
are followed.
,¢
Drug Control and 5.v~tem Impeovsenent Formula C~rant Program
/Edwa~-,~ Eyr~ Memoem! ~ta~ an~l L~cal A..ie~.an¢e Pe~jrarn,~
Pro~e.~'. ~ud~c:
~udget c,~eo~ Federal Ma~h T~I
Con:ra~ual 5e~ces 0 0 0
Expe~ee 0 0 0
To~I. $147,421 $49,140 $i~, 561
Overtime in the Salaries and Benefits Category line item includes both
salary, overtime and benefits. The positions continues the net personnel
increase established during the initial year of the grant program.
PROJECT BUDGET NARRATIVE
SALARIES & BENEFITS~
SHOCAP gECTXC~ SUPERVISOR
The SHOCAP Section Supervisor will be
responsible for: supervising all members
assigned to the SHOCAP initiative, con-
duct file inspections to ensure required
documentation, publish complete and dis-
tribute monthly lists of serious habitual
Juvenile offenders, prepare aids for and
attend trials to project State's case.
INVESTIGATQ~
$57.374.00.
The SHOCAP Investigator (Certified Deputy)
will be responsible for:
identifying serious habitual juvenile
offenders, tracking the designated SHO
juveniles, aid in preparation of trail
mediums, monitor and support other bur-
eaus or agencies, perform post arrest
case enhancement, appear at court pro-
ceedings, follow the records of convict-
ed juveniles into and out of juvenile
justice system, examine SHO cases in
detail, investigate the quality and
legality of evidence, of police and
civilian witnesses, technical problems,
gaps in documentation and possible de-
fenses, provide comprehensive profiles
for the juvenile justice system, align
with prosecution to project a respon-
sible and unified posture ~o the Court,
the defense, the jury and the community,
appear at hearings, arraignments, trials
and sentencings, seek bonds, commitments,
and courtroom assistance when appropri-
ate, work with Victim Assistance Bureau
and Court Liaisons.
SHOCAP DATA INPUT CLERK/SECRETARY
$26.899,00
The SHOCAP Data Input Clerk will be
responsible for:
all necessary data entry tasks related
to past arrests, field interview reports,
school attendance and discipline, con-
tacts with DJJ, ERS and other data nec-
essary to create a complete profile of
the serious habitual juvenile offenders,
assist the Analyst in the preparation
of background juvenile profiles, main-
tenance of computerized and hard copy
files of the SHOCAP Section.
SHOCAP ANALYST
The SHOCAP Analyst will be responsible for:
conducting daily screening of juvenile
offenders to identify the serious habit-
ual offenders, prepare case referral
packages, notify the Investigator of new
or previously documented serious habitual
offenders, search all available data bases
to identify the mos% dangerous and active
serious habitual offenders for pro-active
investigations, maintain working relation-
ships with community partners.
SALARIES AND BENEFITS
~RAND TOTAL
JH/a:spn3a
SALARY ~ BENEFIT DETAIL
SECTION INVESTI- CLERK/ CRIME
C~%TE~ORY SUPERVISOR GATOR SECRETARY ~%N~LYST TOTALS
Salaries $ 41,240 $ 34,784 $ 19,652 $ 29,862 $125,538
Overtime 6,200 5,075 0 0 11,275
Incentive 1,560 1,560 0 0 3,120
Health 4,600 0 2,200 2,200 9,000
Insurance
Life/DSM 166 140 68 104 478
(.33%)
Retirement 0 0 3,425 5,204 8,629
-Low Risk
(17.41%)
Retirement 12,856 10,802 0 0 23,658
-High Risk
(27.10%)
FICA 3 , 738 3 , 168 1,503 2 , 284 10,693
(7.45%)
Workers 2 , 197 1,845 51 77 4,170
Compensa~ £on
(3. 53% &
4.63%)
TOTALS $ 72,557 $ 57,374 $ 26,899 $ 39,731 $196,561
$ · Ii, ri grsprdel dy Rev.
/~eug Conteol and ~y~tem Impe~v~ment Formula Grant Program
Note Cond~ion No. 12: Only ~roj~ ~oeto incu~
'~ureau", unleee othe~,ee e~t~. r~ere ~
~g ~ "eub~ran~ reticent" r~gr~ ~ ~hg ~ln~ bo~y ~ a Cl~ or J Coun~ or ~ Indian THbe wh~h
~;rc~,on ~ mn clc~c~ o~c~al (for example. ~hc~
Fe~r;a~/:, May t. Au~ueC t. a~d w~Ch,n fo~y-~g (~5) da~ a~gr :he eu~rJnC ~i~on
~nc rccip,cn~ ehall ec~ an Annual Froj~ ~o~a~g ~g~, for ~hg '~.~ar~o~g~ period. ~i~
I~ ad~ion. ~ thc eub~ran~ award pg~od te ~gndcd b~d thc 'om~ina~ ~oje~ p~od. ~dd~l
Chi~y-on~ (~1) ~aye a~gr the end ~ the reposing period. A Rna; Fi~nc~l ~ ~ and a
Cri~ma; Ju~:~ Con:ra~ (F.nanc~;] C~9gou: Fac~gg $~ ~e eu~ ~ the ~reau w~hm
(45) aaTe :~ t~ e;~ran: tcrmma~,On Fcnod. 5ugh cla,m e~ll be d,e~r~ly ~gnC(fi~ am
D~cr~ ~nc "~nar' c.am w,II bg ~*'occ~d. t~e rc:]pg~ roue: eu~,t :: Chg depa~ all
~g~a~ '. May 1. A~ue: 1, a~ within fo~y-~vg (~) daye a~r th~ eub~eanC ~g~inaCmn
Ccvcm~ eubgran: ~roj~:: g~nerat~ ,n:ome a~d expe~Cure~ dur.~ :he ~e a~gr.
~cr
~e rcc,~cnC eha:l eu~miC cctv. r~pe~e ae may be r~eo~ re~uir~ ~ t~e ~r~u. A~ ~u,~d
Dru~. Con;roi and ~y~m Imlprovemgnc For~'.ula ~ran: Program
.~. Approval of
The deg,~rt, m~ thall rcwcw ar~ approve in wry, irma all c~u~ c~ra~ ~or ~o ~~ ~ a
~ Jue~cc Frontage Finical ~u~g, U.~. Dgpa~mg~ ~ Jul~ce Com~ Ru~ ~r 5~ a~ Lo~F
no~ co~ec~ appr~al o~ congulCa~: gontra~.
~* A:Iowa~c Coa'r,t
'~' ~ OM~ C,rcuia' No A-t,O a~ ~:o~da .aw :a Oe cl,~,~c f:, re,~r~e--ee:
;"11 :ravel rc~ml~urae~en: fo- ma:-:'~-~.:.at.t o- :u:-of-.pra,":-ape:."Br-..cl wo"t a,'ga tit, all ee baaed upon
/
'~ .... : Dru~ Corrcro! and 5y~m Improv#m#r~ Formul~ Oran= Program
~' A~vanc¢ Fund,n~.
~o 5~n 21~.I~1(~)(~), F~a 5~s (1991): ~¢ ~ce of Jue~ce F~o~rame F~anc~l ~e. U.~.
incl~i~ Cbc jue~fication, cheil be encloe~ w~h ~hc eub~ang a~lica~ie~.
an~ OuC ~ Cau~¢~ Pevond ~hc CO.:'OI ~ rgc,~g~C and coneu~n~,
Drug Control and 5y~l:gm lrnprovgm#nt Foemula C-rant Program
12 Obhgat,on o~ I~ecipc~1; F~nd~
~h ~en~ Im~vemgnC A~ of 1990).
Performance of )~.lreemer.: Prow~ion5
In the ~ven: o,~ dg~aul~., non-camel,antic or violaC, on of any ~ion of thi~ age~m=~ ~ ~h¢ r~Ci~, the
Acc~e To ~gcorde
~ Jus~cg Aeei,~nce; and. ~he Aud~r Ggngrai ~ ~e 5ta~ ~ Florida. =he U.5. Com~roll¢ Geneal ora~
rgc~Fi~nc, rmolem~n~,~ a~g~cy and co~ra~ for ~g ~g ~ aud~ a~ ~mina~on acc~di~ ~ ~e
OM~ C,rcu~ r .4- ~33 eno o=h~r .a~lica~g f~al ~w. ~g co.race for ~;~/~rgem~ e~ be ~
w~CP :he eubjg~ au~C m ~hg Ec~ut¢ ofF~g~ Fi~nc~l Aeei~c~. ~c ~a~ e~ll be ~ed
a~ federal fund~ pa~cd-Chrougn the Florida Oepa~mg~Commun~y Affai~ a~ mcl~e ~he c~ra~
~ r~:~=n~ ehall ~u~mi~ an a~nual fiuncial aud~ which mggCe the r¢~uir=me~e ~ ~i~ I~.~ a~
2!6.349. F cn~a ~:a:u:cc; and. Cha~gr~ 10.5~0 and i0.~. Kulg~ Of Ch~ Flora A~r Ogng-al
~u~:tefl w~Ch~n ~O daye a~¢r ~e compl~on, but no ~ter :hen e~en (~ mo~e a~r the a~t
·epa ra~iy and mana~emgnc'~ w~en re~pona¢ ~ allfl~i~e, ~ j~i~ rg~ a~ ma ~em~ I~r
~ndi~e. IncomFl~ audio rcpa~e wmll ~OC be JC~ ~ ~he dgp~mgfl~ J~ ~11 be r~um~ ~ C~
reticent.
Thc rcciment ~hall have ail aua,te ccmpIct~ I~j an IndeF~nderrl; Public Accountant. (IFA). The IP^ cheil
be =ither a Ce~ified Puelic Account. ant or a Liceneed Public Accour~.a~,C.
Orug Control and ~y~r~rn Improvement Formula Grant Program
diaallo~l ¢oa:~ ~d~n:di~ m an a.ai: :o~.~l~d aP'.,gr ~uen cloaea~.
Or, ce o~ Audi~ ~er~ce~
2555 5huma~d Oak Soul,yard
5adowf~ld Duilding
Ta:tahaaa~g, Flotilla 32399.2100
All cl-,ma for rciml~raem~nt of ret:Fight COSta shall be
g~ Ogle, ~eec~gd and Fr~ ~ the ~rca~ A egc~n: shall eu~ either mo~h~ or
:o :h~e agreement ~ ~a py the :~rm~ ~f :h~ ~iC~ ~ Just,ce P-o~ram~ Fi~l ~u~g. U.~.
Ocpa~mcn: O~ J~t,ce Com~on g~ for 5~ an~ LocJ~ ~ove~cnt) cr :h~ f~ral OM~ ~i~u~r A.~10.
A~c~mgn: N. Paragrap~ $.
~.0. Prope"t,y Accoun:a~i;it~
A-IlO. A~cP~n: N. ~i~ c~a~on co~t,nue~ ae Io~ a~ the r~F,efl: r~ina the ~y.
dcc,~ion ~ con. inca ~e C~r ~2~, F~e~J ~. ar~ m ~oc~urcl O~ fo~ in gu~ ~I~.~.
u~cr C~r 120. F~r~a S~t.~
5e~"rae. # · ,"a,je 12 ef ~6
Drug Con';roi and System Improvement Formula Grant Program
22.
and Ine~gCt,On o~ WO";
and a~ wor~ ~rformed under
for it~ rev,~w an~l comment.
(2)
503 (a) of ~e ,*~, a2 L'.5.C. $755 Fa ) a.~ 29 CF~ 5e~n 42.207 Com~nce
Any ~tatg a~cnay, COun;) o' C :y r~:e:v,n~ $~CC,~0 or mo'e ~ f~ral
~u~m~[~: ~ :~e U.~. ~e~a~en% ~f gue:~C~. ~'argau Of Jue:,cg Aee,~nce for aF~oval.
26
Orua Con:rol and System tm£rcvem~,,t Formula
25.
Fro~ram Ou~anc~. 5ubmi~t,o~ ~ ~h~ ct~cJ~ofl il J ~8~uili~ ~ ~ j~ ~Jt
Thc rec,~cnC agr~ to com~ ~Ch Exgc~t~e Ord~e 12~9. D~ea~n: an~ 5~.~n (~ CF~. ~a~ ~.
or ;a volunta~ly excl~:a ~om ~a~,c~pa:,n~ mn :h,t c~ed tran~a~, ~le~a a~h¢~ ~thg d~J~m~t
eac~ ~u~mrs~Cn :hat m,t~a:~ aa~n:, :C~S~d~ra:~C~ ~ ~ucR ~r~o- ~Or a*a-a ~ffcacral COntrac:. ~ra~C. C'
30,
Name an~t Ti'cie: -
[~a~:¢: '-----
Ba=bara B. Berr~.~ Chaj. rvcman, Coll~e~n
F--ID Number:. _59-6000-~R
Co~r~ction,a including 5crik~ov~rs, whit~out~, etc.. on Chi~ page ar~ not a¢c~ptabl~.
Authorizing Official of ~ovcrnmcnta Unit
(Cc~.mis~io~. Chain~,,an, Mayoa or Oe~igna~d I~.-pr~$.-e. tativ..
Barbara B. Berry, Chai:-~o~an, Collier County C~isaion
F:'IO N uml:,=r':
Name and Titla: DonJHunter, Sheriff
Oat~: 4/20/98
Amd~tamt Cc~uty Attorney
~r. at.a of Flotilla
Type Njrn¢ an,d
Authorizing Official of ~overnm~ntal Unit
(Commi.~ior. Chai~an. Mayoe, or O¢~ignatcd ~=Fr~tativ~
Type Name and Title: Barbara B. ~erry, Chairvoman, Collier County CC~T~ission
~a:c: ~.11 ~/o~4 F-_-ID Numb,,-r':
implementing Agency
~ ~ ,,,
TyF~ Na~ Sheriff
Oa~: 4/20/98
~.a~t Cou~t~ A~r~7
5e¢',,,a,,t n - ,",,,ge 18, .~f8,
~'Edward $.vrne M.-mce~al ~tat~ and/.~ca! A~i~tance
Section Iil
Application Review Checklist
Drug Control and System Improvemen~ Formula Grant Program
('Edward $yrne M~m:r,al 5=ate and/.aca! A~i~tae, ce Prcg:am)
? ~PLICATION
I APPLtCAT]0N
h~ :~e ~ .~ ~Or~,'.,n~&~, F~oj¢.?., cl~ >*ou :.ntc~ '"Y~e" ~"~ en~¢? .~t~:e P,ojg:% I1~ NumPcr for th~
2. I~ U~e r~m¢ o~ g~e C~g~ F,~aec~al 0fluter (A.2) co,'~'t, i.e.. ~ thee t, he Chief F,u,¢=I 0'~:gr for re=
nc~, ~ Iml~em~.,~J
.amc of~e tml~gme~ing Ag~cy C~,~ Excc~c ~,cg~ (A~.) ~g~ (eg., the 5hg~ f~ a 5~ ~.
for a Folice Depa~mcnt. e~.)? I~ th,~ t~e eam~ p~on w~o ~ned t~e ~ pa~e for ~e
Drug Control and 5y~t~m Imprcvemen~ ?ormula Grant Program
(£dward Syrne Memorial 5cato and Local A~i~tanc¢ ?rogram}
category? '
_y_. 1.
Y 2.
.N/A ~.
Y 5.
[ndlCaT, eo ?
N/A &.
N/A ~C.
he funde arc in ~he Expcr. e.-e Category, ar~ ~er, aiie~ I,n~ ltgme e~t. al~ltahed?
Drug Con:roi an~ System Improvement Formula Grant Program
~ 1,5.
y
y 2. I~ ~a:ch cal:u~:~ co~ctly~ Ar~ matc~:ng ~na~ a rain,mum ~ 2~% (p~rc~nt) of ~he ~1 ~udgg: amount?
CANNOT ~E.AWARDED ~THOUT THESE
Drug Ccntrol and Syetem Improvement Formula Grant Program
(E:~ward fyrne Mgm:rJal ~a~e an~ L~cal A~ance Frcgram)
_~_ 1, le ~h~ E~u~l Empioym~n~ GFpc~un~Cy (EEO) ~ificati~n Lc~r (AFp~n~ix ~) fcr ~hc ~ubgra~
N/A
N/A 2.
~/~ ·
Drug Control and System Improvement Formula Gran; Program
(Edward Byrne Mcmcr~'al 5tare and Local A~eietanc~ Frograrn)
H/A ~
t~/A ~
i11. 5rEClAL CONCE~N~
for tlact¢ proj¢cT,~?
.y.__ 3
Y ~
Tallaha~g~, Florida 32399-21~)?
Ccllier Count'/Gert Ccm:iex BIc:c~,. J
3.3Cl Tamiar:',a Trail East Nacies. FL 3.a112
Teie~,cr, e (AC ~t.) 774.4.k34
April 20, 1998
Sta=e of Florida
Department of Co~m~unity Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
At=n: Mr. Clayton H. Wilder
Re:
Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuan= to the referenced Gran=, Captain Paul Canady has ~/
permission to have signa=c.--y authority on any applicable gran:
documen=s.
· C~tain Paul Canad/
if you need further information, please feel free to con-.act me.
JH/A:ssa2
Pt'u{ Conteot ~nd ~3y.~m /m?ro~,#m~nt Porrnula ~r~nt t~eo~r~tn
Appendix I
BILL BARNETT
MAYOR
April 20, 1998
Mr. Clayton Wilder
Community Program Administrator
Bureau of Community Assistance
Dep~t..,ent of Community Affairs
2555 Shumard C~ Boulevard
Tall~, FL 32399-2100
Re: CompLiance \ Florida Rule 913-61
Dear Mr. Wilder.
In compLiance with State of Florida Rule 9B-61.003(4) (d), F.A.C.,
the City of Naples approves the distribution of $206,645..00 (total
allocation available) of Federal lriscal Year 1997 federal Anti-Dm. g Abuse
Act funds for the following projects within Collier County:.
Collier County
SH~/~riou~
Habitual Offender
Compre. hensive Action
Han)
$147,421
Street Gang Prevention
and Apprehension Program
Mayor
$ ~,~4
735 EIGHTH STREET SOL'TH · NAPLES. FLORIDA 341n2,4'~,~
TEL (g4l) 4~t F^X (g41) 434-~$~ VOICE MAIL ('.;at) 435.&'LI$
E MAIL Ma~,~NpI,:~,~AOLCOM HOME FAX (qal12,,H.$39~
APPENDIX II
NOT APPLICABLE
INTENTIONALLY LEFT BLANK
APPENDIX III
NOT APPLICABLE
INTENTIONALLY LEFT BLANK
Oru~ C~ncr~l and.~,v~:¢m Im~.'~'ovcm~nt. ~oernula Grant. Pro,ram
(Edward Syrn~ M~morial .~tat# and Local A~i~.anc¢ Program)
Appendix IV
Equal Employment Opportunity (EEO)
Program Certification Letters
John C. No~.$
~smct 1
~$lnct 5
3301 F.~st 'l'~ni~mi T~tl · l~les. F"io~da 341
~941) 774-~097 · I=~x (941) 774-3602
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re:
Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
i, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that...
Subgram recipient X Does meet Act criteria.
Does not meet Act criteria.
I affirm that I have read the Act criteria set forth in ~
Instructions. I understand that if the subgrant recipient meets these
criteria, it must formulate, implement and maintain a written EEO Program
relating to employment practices affecting minority persons and women. I
also affirm that the subgrant recipient ....
. X Has a current EEO Pro,'am Plan. Does not have a current EEO Program Plan.
I further affirm that if the recipient meets the Act criteria and does
not have a current written EEO Program, federal law requires it to formulate,
implement, and maintain such s program within 120 days after a s%Lbgrant
application for federal assistance is approved or face loss of federal funds.
.Name and Title:
Barbara B. Berry_. Chairwoman
Board of County Commissioners
Collier Coun~yJ Florida
By:
JH/a: see2
A~tamt County Attorney
Date:...Eigy_,!2. 199~
Collier County Govt. Complex Bldg. - J
3,,'K)1 Tamiami Trail Eas~, Naples, FL 34112
Telephone (AC 941) 774-4434
Mr. Clayton H. Wilder
Co~mmnity Program Administrator
Bureau of Community Assistance
Department of Coa~nunity Affairs
25S5 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re:
Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that...
Subgrantrecipient ...2~Do~ me~ A= criteria. , Don not meet A~ cfite~a.
I affirm that I have read the Act criteria set forth in t~ ~h~~e~
Instructions. I understand that if the subgran~ recipient mee
criteria, it must formulate, implement and maintain a written EEO Program
relating to employment practices affecting minority persons and women. I
also affirm that the subgrant recipient ....
~ X H~a~entEEOPro~amPl~..,,, Does nothavea~entEEOP~gramPlan.
I further affirm that if the recipient meets the Act criteria and does
not have a current written EEO Program, federal law requires it to formulate,
implement, and maintain such a program within 120 days after a subgrant
application for federal assistance is approved or face loss of federal funds.
Name and Title: Don Hunter. Sherif:
Collier County. Florid~
JH/a:see2a
Date: April 70. 199~
R~C0~MEND THAT THE BOARD OF COUNTY CO~MISSZONERS ENDORSE THE
COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED
FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIR'S
ANTI-DRUG ACT FORMULA GRANT PROGRAM.
~ To 'Obtain ~he Collier County Commission's
endorsement of the Sheriff's Office grant application for funding
from the Florida Department of Community Affairs' Anti-Drug Abuse
Act Formula Grant Program for the Street Gang Prevention and
Apprehension Program.
CONSXDERATION~ At the request of the State Department of
Con.~',unity Affairs, the Collier County Commission agreed to be the
coordinating unit of government for the local application for the
Anti-Drug Abuse Grant application (April 7, 1998) Agenda Item 16
(H)I. The Collier County Sheriff's Office requests that the County
Commission execute the necessary documents to allow the formal
application process for second year grant funding for two positions
for the Street Gang Prevention and Apprehension Program.
FISCAL IMPACT; Seventy five percent (75% or $59,224) awarded by
State and twenty five percent (25% or $19,742.00) local matching
funds from Fund 602 (Confiscated Trust Fund reserves 602-919010-
991000). Funds are included in the FY 99 budget.
GROWTH IMPACT: This grant is a continuing four year grant program
that requires reapplication each fiscal year. If the grants funds
are terminated or other grant funding is not available at the end
of the fourth year, future payroll costs will either be absorbed
through vacancies arising due to normal attrition, or approval for
funding or reallocation of any positions will be requested from the
board.
RECOMMENDATIONt That the Collier County Commission endorse the
Anti-Drug Abuse Act Formula Grant application for fiscal year
1998/99.
~WrysJ 1-K. Kin'~l, Finan~ Director
Sheriff
jh/a :xs.ga2
ADril 24. 1998
~lm $. Mmc'Kie
C)itnct 4
b~l~mrm a. ~
Dmtncl 5
3301 E~t'r~a. nm~'rrm~ · I~les. I~ 34112.4977
(941) 774-a097 · Fm~ (941) 774.3~02
CERTIFICATION OF PARTICIPATION
April 7, 1998
Mr. Clayton H. Wilder
Department of Co,,,~unity Affairs
Division of Housing and Community
Development
Bureau of Co~z~unity Assistance
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Dear Mr. Wilder:
This is to inform you that the Board of County Commissioners
accepts the invitation to serve as the coordinating unit of
government in the Department of Community Affairs' Drug Control and
System Improvement Program (Edward Byrne).
For purposes of coordinating the preparation
application(s) for grant funds with the Bureau of
Assistance, we have designated the following person:
of our
Co~,~.uni ty
Name: Jovce Houran
Title:
Grants Coordinator
Agency: _Cpllier County Sheriff's Office
Address: 3301 Tamiami Trail Ea~
Building J - Finance Division
Naples. Florida 34112
Telephone: 941-793-9346
Sincerely,
~B. ge~
Chairwoman Y///~ ~
AI?F~T: ·
·
Date:
ITEM N0:54' F
FILE NO.:
ROUTED TO:
DATE RECEIVED:
~ NOT WR~TE A~OVE TH~S S;ACE .
REQUEST FOR LEGAL SERVICES
(Pleaoe t~e or print)
April 24. 1998
To:
From: Crystal K. Kinzel/~Y
Sheriff's Offi~
(D~v~iion)
Re: Anti-Drug Abuse Grant application
Office of the County At%orney, Attention: Thomas Palmer. Esq,
, ___~irector
(T~tle)
Finance Divisio~
(Department)
BACKGROUND OF REQUEST/PROBLEM:
On April 7, 1998, Agenda Item 16 H (1), the Commissioners agreed to act as
the local coordinating unit of government and endorsed the Certification of
Participation in the Department of Come, unity Affairs' Drug Control and Syst~
Improvement Program (Edward Byrne grant). The Sheriff is seeking Board
endorsement of the Byrne grant application for second year funding for the
Street Gang Prevention and Apprehension Program.
(Are there documen:s or other Xnfornatxon needed to review thxo ma:=er? Xf yea. attach and reference
~nformat~cn~.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
ACTION REQUESTED:
{Be ver'y apec:Lf:L¢, lden~:zfy exactly what you need ~.n the way of 2egal oex'v~.cea.}
Legal approval of grant application.
OTHER COMMENTS:
C:
Don Hunter. Sheriff
SKCTXON X
SKCTXON ZZ
SECTXON
APPENDIX I
APPENDIX X I
APPENDIX IXI
APPENDIX IV
N/A
Subgrant Application
Signature Pages
Application Review Checklist
Signature Authority Letter
51% Letter
N/A
N/A
EEO Certification Letters
ADDENDUM A Job Description
a:gatc
SECTION I
NOT APPLICABLE
INTE~IONALLY LEFT
BLANK
i
Dru~ ¢angral and 5y~,~m Im?ravemtrr~ Forrnuta Orant. Pro, ram
(~dward l~-nt Mernoriat 5t. at~ and Local A~i~t. ance ?to,ram)
Section I!
Subgrant Application
Section I1
Subgrant Application
~.~ cra' ~h,~ -_'~,.~ ¢,~.¢;j:: Barbara B. Berry
T.::e. Chair~-c~Tan, Collier County Co~,mission
3301 Tamiami Trail East, Building
Naples, Florida 34112
~',"-. ¢e~-e/~'.c.e Nc: 15U~COM No.-
( 941 }774 8393 I 774-8493 ' ! (94]. )774 ' 3602
2. ,Cl~Jg~ Fina-,cial
.",".:e' Finance Director, Deputy Clerk
a~e-'~' 330! Tam£ami Trail East, Court Pla~a
.e~RCo~e~one No ]SUNCOM NC.: ~Are~ Code/Fax Fhone No:
94! )774 - 6179 ~ 774~179 ~ (941) 774. 8356
a~e ~ Ch,~ ~:~e ~c.a;; ~n Hunter
Sheriff
3301 Tamiami Trail Eas:, Building "j"
5~a~ ZJ7 Code. Naples, Florida 34112
l'.rea Ccde,"Tet¢.~none r'.o' ISUNCCM Nc.: IAr:a C~ae,'Fax r~one No:
9411774 ' ~34 ~ 774-~ I (941) 774 - 5735
-j-.. ~,r:~- an~ ~c-:a~ ~e,~:,, '~e~e,:,.c~ Froje~ Dirtier. (5~Fl~e~ cfG~men:a~
Lieutenant, Criminal Intelligence Bureau
3301Tamiaml Trail East, Buildin? "A"
5:ate Z; Code: Naples, Florida 34112
T~;~¢ cf. ¢~n-.ac: ?cement Jo,;ce Houran, Grants Coordinator
3301 T~i~i ~ail ~s~, Bui!di~ -j-
~. ~F Co~: Naples, Florida ~112
J 793-9~6" Fhone No.:
J (94i) 7~3 - 9405
P",'o,e.": 'Title (l'.io: ~ exc.,';d ~" Ch,arXC"..~r6, rPtC!u4~;P.A 'SC'alCe~,').
Street Gang Prevention and APt~eher~ion P~ogra~
For Perica.
le 'C.~.e 5ub.a,'aA'c. ee ¢r 'C>e lmFfe,~,¢,~i,.,.g ,,~enc~ a Member m' a Local Criminal
Ae. nOun¢¢me~: Poe a tla~c.'~f;~cn vf t~oard rg~[~onaibili~e~.) ~ Ye~ 0 NO
1. Q'P ¢:her t~,t-. "';he C:hi~P, F,nanCiJI ~Y~.,~ccr'I ~.e~m~C WA,"I'.,I ri'C. 'CO:
Collier County Sheriff's Office
3301Tamiami Trail Eas~
Buildin~ "J" - Finance Division
Naples, Florida 34112
No~: t~ :~e ~u~*r~,T,e~ i~ FJ~iciFa~n~ in :he 5~ ~ Ftonda Com~cller'S ~ic,
M~hod ~ ~a~e~: ~ Monthly ~ Qua~Hy
59-6CG0-558
5AMA5 = (-'"se, ~ vcu a,'..- z ~'.a;e
[
(If Ye~. a t~, cf. reau~; taus: Os a=~ack~.)
J~ No
who will dO whj~, wl':.¢rl, whcr~ jn~ how.
S;= IrA.~. 2 OF INSTT. UCTION5 ON rr~M5 TO INCLUD=_.
The specific problem to be addressed with grant funds is the street
gang problem in Collier County.
Collier County is located in Southwest Florida on the Gulf' of
Mexico. Collier County encompasses 2,025 square miles, making it
the largest county east of the Mississippi River. The demographics
of the County are diverse.
The bulk of the County's population is concentrated within 5 miles
of the coast. This part of unincorporated Collier County is home to
many of the area's middle class citizens. During the past 25 years
the County has undergone tremendous growth, increasing from 38,040
persons in 1970 to an estimated 194,036 persons in 1996. In
addition to the increase in the permanent population, each winter
brings an influx of seasonal residents. Population in the City of
Naples and the coastal sections of Collier County increases by
approximately 33% during the winter months.
The agricultura1 community of Immokalee is located about 25 miles
from the Gulf of Mexico. Permanent population of Immokalee is about
18,622. During the winter harvest months an additional 12,000
migrant farm workers reside in Immokalee. The remainder of Collier
County is comprised mainly of Federal and State Parks.
During 1995 Collier County had the highest median family income in
the State of Florida. This high median income, however, hides the
contrast between retirees with large investment incomes and seasonal
workers earning the minimum wage. Despite all of the demographic
differences, public safety is one issue that impacts all elements of
the population.
Since 1992, when street gangs were first identified in Collier
County, gangs have grown to the extent where they are seriously
degrading the quality of life in Collier County. Innocent citizens
have been shot, raped, assaulted, and intimidated as a result of
gang related crimes. Experts in the field have observed that
Collier County is at the threshold of a street ga.~oblem that
. .,. ,:.
! -
~
could become impossible to control if it is not soon thwarted.
There are approximately S44 identified gang members that can be
placed into 35 street gangs. The number of street gang ~embers has
nearly doubled during the first year of this grant. We expect the
number of street gang members to continue tO increase along with the
population.
The average street gang member in Collier County has been arrested
at least four times. Therefore, street gang members are responsible
for at least 2100 documented crimes. This does not account for the
number of crimes that street gang l~embers are not identified as
committing.
The average age of a Collier County street gang member is estimated
to be 16 to 18 years old. Actual ages range from early teens to the
early 30's. About 50% to 60% of the known gang members in Collier
County are Hispanic males.
More time is needed by current Street Gang Unit Investigators to
address the continuing increase in street gang members. The
.Investigators currently enter all data on gangs in the tracking
system as soon as feasible during their very busy days. This data
entry task takes valuable Investigator time away from identifying,
tracking, apprehending, and suppressing street gangs. Data entry
by the Investigators has sometimes taken priority over Investigator
availability for other important issues such as street gang
awareness/prevention presentations to the community. Investigators
need to devote less time to data entry and more time to street
operations. More time is also needed to allow the immediate input
and analysis of information of the Street Gang Unit to use to
address Collier County's street gang problems.
Data entry is a priority issue that needs to be addressed in order
to help make this a more effective program. With the addition of a
data entry person, street gang Investigators will be able to devote
the majority of their time to street operations. The current
tracking system for street gangs and their members is very
comprehensive and it requires complete and accurate information. A
full-time data entry person will fill current needs and will enhance
and expand the program 5o benefit residents of and surrounding
Collier County.
a:gapl2
:
-----~ ...... IIIII III I I - I .......... - ......... ~--111
PROGRAM DESCRIPTION
The Collier County Sheriff's Office (CCSO) Criminal Intelligence
Bureau was established in 1992. The initial task of the
Investigator assigned to this unit was to assess the extent and
nature of the gang situation in Collier County. During this
planning and analysis phase, which lasted approximately 3 years, the
Investigator documented the existence of organized street gangs
within Collier County and identified approximately 100 members.
Many of the gangs identified had their origin or received their
inspiration from street gangs found in larger metropolitan areas.
Concurrent with this fact finding, the Gang Unit Investigator was
called upon to present his discoveries, first to law enforcement,
and later to the public.
The Street Gang Unit is currently comprised of the senior
Investigator, two street gang Investigators (one of which is funded
by this grant), and a crime analyst. The Investigators are currently
responsible for all gang-related intelligence gathering, graffiti
investigations, presentation to law enforcement and non-law
enforcement audiences, maintaining a liaison program with Uniform
Patrol, media interaction, gang suppression efforts, pre-~ang
intervention, and counseling. Gang Unit Investigators also work
with Criminal Investigation Division (CID) Investigators on many
cases in which are thought to have been committed by gang members.
In addition to their other duties, members of the Gang Unit are
currently engaged in the time consuming task of entering street gang
information into a computer database.
Since the unit received this grant and appointed an Investigator, we
have documented almost twice as many street gang members than were
previously reported. The unit.c~ntinuously updates the street gang
intelligence database by receiving raw data and analyzing it.
This grant will continue to fund one street gang Investigator. In
addition, CCSO is requesting funds for one full-time data entry
person. The data entry person will greatly enhance the current
Street Gang Unit by allowing the Investigators more street
operational time. Also, the data entry person will work hand and
hand with the crime intelligence analyst. That partnership will
enhance the free flow of intelligence information from the street
gang unit to line units.
The agency and grant funded Investigators allow the Gang Unit to
utilize better tactics to identify street gang leaders and members.
For example, data is collected, collated and distributed; and
surveillance and confidential informant interviews are conducted.
The data entry position being requested would give the Gang Unit the
time to implement other methods of suppressing gangs and prosecuting
gang members. Tactics such as street sweeps, roadblocks, and the
invoking of RICO or federal firearms statues stand a better chance
: ... -.
of being successful if members of =he Gang Unit have the time needed
to perform the preliminary work and follow-up.
Finally, and of paramount imgortance, the requested Investigator
position increases officer safety during all operations and while
making arrests.
In conclusion, the funded Investigator and data entry person will
greatly enhance the street gang unit's ability to identify,
investigate, and eradicate street gang members for the community.
a:gapi2
dccumen= or ~ ~ou canr~ r~ your ob~g~c~ ~ ~g ~d. can=a~ Tom ~ehoF a=
~/4~-~01~ for ~hcr ine=ru~ion~. DO NOT m~ obje~ive~ ~om a~ere~ Fro~ra~ ~ca~.
5 ~ ~elcw a~d uge con,nut,ion page~ a~
PURPOSE AREA 24 - GANG ABATEMENT
HIGH RISK/GANG PREVENTI~ PROGRAMS
PROGRAM OBJECTIVES and PERFORMARCE MEASURES
Law Enforcement
Objective 24.11
Objective 24.12
Objective 24.13
Ob]et:ire 24.14
Objective 24.15
To identify, collect, document, track,
maintain, and distribute gang intelligence
information to law enforcement units on kno.~n
_~Q_Q__ gang members using automated data
processing equipment during the grant period.
To arrest _15/_gang members and gang wannabes
on various law violations including responding
and assisting law enforcement units in gang-
related arrests during the grant period.
To transpor= 75 gang members and gang
wannabes who were truants or suspended
students during the grant period.
To educate and train 1000 members of the
com.munity on gangs.
To publish _~ issues of enhanced gang
intelligence (including pictures) to be
distributed to all local Law Enforcement
O~icers.
j h/a: gaobj
f<.'l. 12' i
~L.%RIES E BENEFITS:
Regular Salaries
Overtime
Incentive
Social Security
Retirement - High
Retirement Low
Health Insurance
Life Insurance
Workers Compensation
Total Salaries
$50,341.00
200.00
1,560.00
3,985.00
8,838.00
3,066.00
9,200.00
177.00
78.966.0Q
Total Expenses
OPERATING CAPITAL ~~[
.00
Total OCO .00
GRAND TOTAL ~ 78,966.00
These project costs are necessary and reasonable for proper and
efficient project administration and implementation and NOT s
general expense to carry out overall responsibilities.
Pursuant to Section 932.705 (4)(A) Florida State Statute, matching
funds of 25% of the project's cost will be provided by the
Confiscated Trust Fund.
Purchasing methods conform to existing policies, regulations and
procedures. Net of all applicable credits does not apply.
Allowable project costs will be expended or obligated during the
approved subgrant period.
Overtime in the Salaries and Benefits Category line item in Section
G includes both salary, overtime and benefits. The proposed data
entry clerk position is new and will result in net personnel
increase to the agency.
Cost principles pursuant to OMB Circular A-87; Uniform
Administrative Requirements pursuant to OMB Circular A-102; and
Audit of Federal Grants requirements pursuant to OMB Circular A-133
are followed.
jh/a:pbn2
224 19,742 78,966
Overtime in the Salaries and Benefits Category line item in Section G includes
both salary, overtime and benefits. The proposed data entry clerk position is
new and will result in net personnel increase to the agency.
PROJECT BUDGET NARRATIVE
SALARIES & BENEFITS:
INVESTIGATOR:
The Street Gang Prevention and
Apprehension Program Investigator
(Certified Deputy) will be responsible
for:
identifying gang members and wannabe
gang members, tracking the street gang
members, aid in preparation of trail
mediums, monitor and support other
bureaus or agencies, perform post
arrest case enhancement, appear at court
proceedings, follow the records of con-
victed street gang members into and out
of the Juvenile justice system, examine
cases in detail,1 investigate the quality
and civilian witnesses, technical prob-
lems, gaps in documentation and possible
defenses, provide State Attorney's Office
with case enhancements, CIB enhancements,
technical assistance for CID, provide
comprehensive profiles for active street
gang members, align with prosecution to
project a responsible and unified posture
to the Court, the defense, the jury and
the community, appear at hearings, arraign-
ments, trials and sentencings, seek bonds,
commitments, and courtroom assistance when
appropriate, work with Victim Services
Bureau and Court Liaisons.
$51.893.33
DATA ENTRY CLERK:
The Gang Unit data entry clerk will be respon-
sible for:
all necessary data entry tasks related to
past arrests, field interview reports, school
attendance and discipline, contacts with DJJ,
HRS and other data necessary to create a com-
plete profile of the juvenile offenders, assist
the Gang Unit Investigators in the preparation
of background juvenile profiles, maintenance
of computerized and hard copy files of the
Gang Unit section.
GRAND TOTAL
jh/a:bng2
SALARY AND BENEFIT DETAIL
GANG UNIT DATA ENTRY
CATEGORY INVESTIGATOR CLERK TOTALS
Salaries $ 32,413.00 $ 17,927.94 $50,340.94
Overtime 200.00 0.00 200.00
Incentive 1,560.00 0.00 1,560.00
Health 4,600.00 4,600.00 9,200.00
Insurance
Life/DSM 114.15 62.74 176.89
(.33%)
Retirement 0.00 3,065.68 3,065.68
-Low Risk
(17.41%)
Retirement 8,838.12 0.00 8,838.12
-High Risk
(27.10%)
FICA 2 , 614 . 23 1,371.49 3,985.72
(7.45%)
Workers 1,553 . 83 44.82 1,598.65
Compenla~ion
(3.53% &
4.63%)
TOTALS $ 51,893.33 $ 27,072.67 $78,966.00
~ ~o~aoee ~1: become ~m~r~. Non-compliance will re~ul~ in ~o~e~ coreco bwi~ dixieland. '
~ ~ 'depa~m~'. unl4~ o~iam ~. r~r~ ~ Che O~J~me~ ~ Communic~ Affa~. The ~
d:re~e ~ an gigged O~c~l (fOr ~a~lc, ~hg~F Or Cle~ ~ ~g ~u~).
p~od. ~m '~i~ ~c~ Fcnod ,m ~era~ for Cwe~e
(~) days a~gr C~g g~ ~ C~g rcpo~i~ p~od. Oua~gHy gmmburegm4n: C~;ml (I-~) are dug
I ;:'~' , ~
4,. A~o,,al~g Co~=~
No. A.&7. 'Co~= P~c,~e~ foe 5~=g a,d Lccal G~g~mc~". or OM~ Circuit NO. A.2~. "Coe= Fd~e$ for
Trav~
Tn~. co~: o~ ail $rav¢l ~haJ[ ~e rgin. l~/;~gg accordin~ ~.¢ !ocal r~gu[a:io~.~, bu$ n~ in gxcg~, of Fr=vis;oee in
. :..'~~~,
1;.,. '
eh,l~ ~ a~or,,hcr I~T~' ~:~ CJ'.~ I~r~Ju, a~lain ~xl~lai~in~J rgaeon~ for dc~a7 and rg~L~T, a~¢r, hgr f=~8~d
faul~ or ~¢~l~cg of ~hg ~gci~g~.
and .
and ~.y~r~m Improvement
Au,d,:
w,~ :hg e~ ~jg~ a~iC tg Thg 5c~u~ Of F~I Fir~ncml Aegi~n~. ~g ~a~ e~ff b~
,
All ¢~a.~ for rg~ml~rJcmcnC Of recipient
Dcpa~ ~ Ju~cg ~mmo~ gulg for ~ ar~ Local ~g~enC)
A~Chmgn: N. ~art~ra~h ~.
De~a~m~c ~ Jue:,c~ Common ~ul~ for 5~ a~d Lo~l Gov~m~n=) or She f~cra[ OM5
A-HO. A:~c~m~nC N. ~'e o~,~a~on conCinue~ ae Io~ a~ the rcc:pienC r~,ne the
2:. GeF'-~.~e a~d AFFCaie
and 5y~t~m I,.nprav#m~nt Fmrmula
covg~
(~)
~C~ula~d. ,m~g~cn=~ a~ ~am~,ecd ~uch a c=~:~ w~n EEO ~rogra~. ~ ~v~ 120 da~ a~ ~
.~ =he ~u~=,c~ 5~ Imogen= ~ of I~8. Pub. L. ~-I~7, ~2 U.5.C. ~70~, ~ ~c~. (~ Sc~n
a, am~ (Pub, L.
~u~. L. ~.I15. and Pub.
27
tee F',c,-,.,:la L-.g,tIa:u,c
30.
~I. .~,gar. emeer, of. F~d¢,'al F~ndin~ P~gg~.?,,a6g and ~o~,ar Amou,'~
.,,.~. b'nm~ra~on and Na~ojtd',y AC'.
~on 27~A.(C) o~ :~e )~,a:,o~ and Na~o~allgy
~pO~gn~ ~/ any cc~aC~r o~ u~au:ho~ Jl~e
5y:_
Type Name
Barbara S. Eerry, Chairvo~an, Collier County
F--~p Numb.-c
Date: 4/20/98
Corrcc:icn~ including ~=rikeov¢:~, whiteouf;~, g~., on this page arc not accruable.
TyFg Name ae~t Ti:lc:
Ty~¢ Narc ae.d T,:I¢:
Sarbara 5. Berry., Chai~=c~,an, Co!liar County Cc~ission
~"~-' Nam~n ~.unt~.r, Sheriff
Da:e: 4/20/98
TyFg Narm~ ar.g
5_ubgrant I~gcipice,=
Au:hoeizin~ Official o~ Govcrn~ng~al Unit
(C~n~mi~io~. Chaie~.a'n, Mayor, ~r O¢~/gna~ g:pr~:..~.a'~v..~
Barbara B. Berry, Chair-~cman, Collier County
4/20/98
AM/a/.~t Couat.~ Attoral~,
(E~',v~rd ~yr~ ~,.cri~l ~'~at~ a~d Lccat. A~zie~nc¢
Section
Application Review Checklist
Orug Can·roi and 5y~.~m ImFravement F~rmula Grant ?rcgram
L AFFLtCATI~t~
¥ 2.
n~:. ~ ImF~gm~t~ng ~g-cv?. .
¥ 1.
,d~n:~f~cd in A.~.. 2.. De ~,; ~,¢. :~c ~.~gran: I~CiFi~nt., 1~,:71~m¢~,r~ ~.C~ Ce :ne ?r~j¢~-~, ~,~rgp. o,.
.,~ , I 19 ·,kg Fr~l~'icm :o ~¢ adarceecd c, lgan,.y an· i:~y ~dcn:.fie, d?
Y
I. , ~ ~ .
Control and ~y~em Improveme,-,t Formula Grant ?rcgra,~
(E~lward §yen~ Memonat ~ca=e and Local A~,~=a.-,ce ?r:gram)
Y 2.
Oru~ Cg~,:rol and ~y.~:c,~ Irn~rov~rn~n'; Formula ~rar,'; Frc~.-.s~
NLM~
and rg~,lJ°.aone?
Y '7
~.¢~,g,ai rcvf:~u¢$)? I~ ad ma::h m Clog for~ Of Cj,H?
Y
:kc e·--¢ r.~.',~.'° ~;'~:'~,-'~ ,r ~ I ?
Y
Y
Drug Ccn=rcl and Sy-~;crn Improvement Formula Gran= Frog:am
~/A
N/A Z.
NIA 2
N/A I
Orug ¢ontral and 5y~cm Improvement Fcrmula Gran: Program
(Edward ~.yrn: ,Mt,-.,mriat 5cate and Lmcai A.~,.~t. ance ?rcgram'/
Con~ic,on~ b.'g~ ~a:,~ fo,' U~gec i~ojccce?
¥ 3
~'Jl~J~J~9~:. ~IC~,"~J .~.~9~'~?
Collier County Gcna. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
April 24, 1998
State of Florida
Department of Cool, unity Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re:
1999 Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Lieutenant Will Sargent has my
permission to have signatory authority on any applicable grant
documents.
SIGNATURE~
If you need further information, please feel free to contact me.
J~/A:ssa2
(~_d~,ard 5yre, e Memer~l 5tat~ and L~cal A~sis:a.'.ce Fragra~l
Appendix I
BILL BARNETT
MAYOR
April 20, 199~
Mr. Clayton Wilder
Community Program Admixtistrator
Bureau of Community' Assistance
Depat~ent of commu.~ Affairs
2555 Shumard Oak Boulevard
Tal/ahassee, FL 32399-2100
Re: Compliance \ Florida Rule 9B-61
Dear Mr. Wilder:.
In compliance with State of Florida Rule 9B-61.003(4) (d), F.A.C.,
the City of Naples approves the distribution of $206,645.00 (total
allocation available) of Federal Fiscal Year 1997 federal AnU-Drug Abuse
Act funds for the following projects within Collier Coun .ty:
Collier County
SHOCAP (Serious
Habitua! Offender
Comprehensive Action
Plan)
$147,421
Street Gang Prevention
and Apprehension Program
$ 59,224
Bill Barnett
Mayor
EIGHTH STREET SOLTH ,, N .~PI.ES. FLORIDA .MI02.6?ue
TEL (~41).1.'~--1~)1 FAXf~lla.~-4,n55 VOICE MAIL (tkU l a3.n.n.xa,n
E MAIL Ma?orNplcv.~. AOL.COM HOME FAN Or41 )
APPENDIX II
NOT APPLICABLE
INTENTIONALLY
LEFT BLANK
! ·
APPENDIX III
NOT APPLICABLE
INTENTIONALLY
LEFT
BLANK
Appendix IV
Equal Employment Opportunity (EEO)
Program Certification Letters
Collier County ~. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
Mr. Clayton H. Wilder
Co~m~nity Program Administrator
Bureau of Cc~unityAssistance
Department of Coam~unity Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compli~ce with Equal Employment Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according
Section 501 of the O~nibus Crime Control and Safe Streets Act of 1968 as
amended, that...
Sub~trecipient ~ ~ Does m~t A~ cHteria. Does not meet A~ cHteda.
I affirm that I have read the Act criteria set forth in ~A~
~9Dlication Instructions. I understand that if the subgrant recipient meets
these criteria, it must formulate, implement and maintain a written EEO
Program relating to employment practices affecting minority persons and
women. I also affirm that the subgrant recipient ....
current EEO Program Plan. Do~s not have a current EEO Progrm'n Plan.
I further affirm fha: if the recipient meets the Act criteria and does
not have a current written EEO Program, federal law requires it to formulate,
implement, and maintain such a program within 120 days after a subgrant
application for federal assistance is approved or face loss of federal funds.
Name and Title:
Don Hunter. Sheriff
Collier County. Florida
jH/a: see2a
Dace: ADril 24. 1998 _
,t3
Mr. Clayton H. Wilder
Co.~,,unity Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that...
Subgramt recipient ~, [~es meet Act criteria.
, Does not meet Act criteria.
I affirm that I have read the Act criteria set forth in ~
Application Inst_muct!pns. I understand =ha= if =he subgrant recipient meets
=hese criteria, i= must formulate, implement and maintain a written EEO
Program relating to employment practices affecting minority persons and
women. I also affirm that the subgrant recipient ....
Has a current EEO Program Plan. Does not have a current EEO Program Plan.
I fur=her affirm that if the recipien~ meets the Ac: criteria and does
hoc have a curren~ written EEO Program, federal law requires i= to formulate,
implement, and maintain such a program within 120 days after a subgrant
application for federal assistance is approved or face loss of federal funds.
Name and Title:
Barbara B. Berry. Chairwoman
Board of County Commissioners
Collier County. Florida
By:
Date: MaY 12. 199~
U.S. Departmeut p.~3usdce
Office of Community Oriented Policing Services (COPS)
R'mlmg~ DC 205J0
D.C. 205J0
March 4, 1997
$oyce Houran
Grant Coordinator
Collier County Sheriff's Office
Colli~r County Govt Complex Bldg. - I ·
3301 Tamiarni Trail East
Naples, Florida 33962
COPS - £EOP Aonroval
Dear Ms. Houran:
I am pleased to inform you that the Office of Community Oriented Policing Services (the 'COPS"
Office) has reviewed and approved the Equal Employment Opportunity Plan ("EEOP") which you
submitted on February 25, 1996, in accordance with the provisions of your COPS grant award. The plan
that you submitted conforms to the Seven Step Guide to the Design and Deve/opment of an £qual
Employment Opportunity Plan, which is a guide to providing the essential information that the Department
of Justice requires for our initial screening of your EEOP. The Department of Sustice regulations for
developing a comprehensive EEOP may be found at 28 CFR § 42.301 et seq..
I wish you success both in your organizational goals and your community policing efforts. Please
feel free to contact Michelle A. Brickley at (202) 514-3750 if you have any questions regarding your
EEOP.
cc: v Ge,', ra Co( se \ / L. ,.,,,tho. y
Darren Neely
Grant Advisor
ADDENDUM A
JOB DESCRIPTION
NEW POSITION
JOB DESCRIPTIO~
STREET C. ANG APPP. EHENSION/PROSECUTION PROGRAM DATA ENTRY OPERATOR
TO perform data entry and verification work with the use of data entry and
related ¢omguter terminals and equipment; to code, assemble, prepare, and
input data for a variety of sources in support of a wide range of County
programs, operations, and services; and to provide professional, effective
and efficient public service assistance to the general public.
Receives general supervision fro~ higher level supervisory or professional
and technical staff.
~xercises no supervision.
HT~MPLES OF DUTIES~ - Duties may include,
following:
but are not limited to, the
inputs a variety of information into computerized records and data management
systems.
Assemble, sort, and code data in preparation for computer entry.
Enter activities in both coded and uncoded formats. O
Provide technical assistance to users and other staff related to data entry
operations.
Review data input and output, screen format coding, and verify the accuracy
of entries.
Determine accuracy of information to be entered, research discrepancies and
correct data.
Run and distribute routine reports, billings and similar computer documents.
Perform routine clerical functions including typing, answering the phone and
filing.
-"Assist those contacted in the course of duty in an effective, efficient and
professional manner.
Perform related duties as assigned.
OUALIPICATIONS~
Knowledqe of:
Data entry methods and equipment.
Modern office methods and procedures.
Record keeping and reporting procedures.
Opera=lng details and procedures applicable to assigned County function
or work unit.
Operate data entry and related equipment rapidly and accurately.
Cc,~un£cate effectively, both orally and in writing.
Sustain close visual and mental attention in the performance of routine
work.
Understand and follow oral and written instructions.
ExDerience and Training Guidelines
Any combination of experience and training that would likely provide the
required knowledge and abilities is qualifying. A typical way to obtain
the knowledge and abilities would be:
One year of experience in the operation of data entry equipment.
Equivalent to the completion of the twelfth grade supplemented by. specialized
training in data entry and control operations.
a: gaJ ddeo
April 23, 1998
i C; .... '