The URL can be used to link to this page

Agenda 04/14/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 14, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEbt blUST REGISTER PRIOR TO SPEAKING. SPEAKERS blUST REGISTER WITH THE COUNTY ADblINISTRATOR PRIOR TO THE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUB3ECTS WHICIaI ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF THE blEETING AND WILL BE ttEARD UNDER "PUBLIC PETITIONS~. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING TitERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBAT~! RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TIlE APPEAL IS TO BE BASED. ALL. REGISTERED PUBLIC SPEAK_ERg WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME I$ GRANTED BY THE CHAIRbtAN. ASSISTED LISTENING DEViCES FOR TIlE HEAP, ING IMPAIRED ARE AVAILABLE IN Tile COUNTY COMblISSIONERS' OFFICE. LUNCH RECESS SCtlEDULED FOR 1:2:00 NOON TO 1:00 P.bl. 1. INVOCATION - Rabbi James H. Per'man, Temple Shalom 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES March 24, 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A) PROCLAblATIONS 1) Proclamation proclaiming the Week of April 20-24, 1998 as Holocaust Remembrance Week. To be accepted by William Dooghty, Director of Information Publication Service & Univer~ily Relations & Development for Florida Gulf Co~t University. B) SERVICE AWARDS 1 April 14, 1998 1) John Boldt - Stormwater Management - 15 yea~ 2) Robert Lord - Planning Services - 10 yearz. 3) Nancy Ol~on - Museum - I0 yearz. C) PRESENTATIONS I) Recommendation to recognize Rodney Michaels, Utility Tech Il, Utilities Department, Public Works Divifiou aa Employee of the blonth for April 1998. 6. APPROVAL OF CLERK'S REPORT A) ANALYSIS OF CIlANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS $. COUNTY ADMINISTRATOR'S REPORT A) COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Community Developmcn! and En~ironmcnlal SerMces Division report regarding dcnsi/y reduction, tran~er of development t4ghts and clustering criteria. 2) Community Developmen~ and Environmental Services Division report on lb.e re-evaluation of the urban area buildou/population and long range transportation need~. B) PUBLIC WORKS I) Report to the Board on lhe results of/he Count?vide Interconnected Traffic Signal S)'rlem Study. C) PUBLIC SERVICES D) SUPPORT SERVICES E) COUNTY ADMINISTRATOR lv) AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A) Direction to rtaff concerning Tourism Agreement between Collier County and Marco Island Film Fe~'tival, Inc.. regarding 1998 Marco bland Film Festival and di~cutsioa of procurement ~icy. I0. BOARD OF COUNTY COMMISSIONERS A) Collier County Government Productivity Sub-Committee on SheriWs Off'ace O~ertlme Report recommendations resulting from the FY 1997-98 Budget Hearings 11. OTHER ITEMS A) OTHER CONSTITUTIONAL OFFICERS 2 April 14, 1998 B) PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS ~t.7LL BE HEARD IMMEDIA TEL Y FOLLO WING ST_A FF ITEMS AI)¥ERTISED PUBLIC HEARINGS - BCC A) COM'PR~HENSIVE PLAN AMENDMENTS 1) Public Hearing to consider adoption of an ordinance approving Petition CP-97-02, Jim Colosimo, Trustee, requesting to amend the C,~lden Gate Area M~s~er Plan by adding a ne~ ditlricI to be known as the Pine Ridge Road Mixed Use District, by incre~slng mxximum ares allowed for conditional u~s adjacent to said Distri~, smd by amending the Golden Gate Area M~rlcr Plan Furore L~ud Uae blip for properly located ~-esl of Naples Gatcw'ay PUD on the nor'ih side of Pine Ridge B) ZONING AMENDMENTS l't CONTINUED TO_A_PR~28_.~_Ig. 9._~8 Petition No. PUD-91-2(I) William R. Vines, of Vines A~i~tes, ~, ~pre~nfing Robe~ S. ff~rdy, requesting · ~ne f~m PUD to PUD hax~ng the eff~l of ~mending the No~hbr~ke Pl~.l PUD to incre~ the fl~r ~a devoted to ~tai~c~o~ces; ~slng the numar of development t~t~ thr~ to ~'o; ma~ng other changes to the PUD to ~fl~t chango that ha~z ~cu~d the PUD was fi~ approved and to update ~fe~nces to iho~ in eff~t, and to ~eafl the Master Plan for pm~y l~ated in the noahwesl quadrant of 1-75 and Napl~mokal~ Road (C.K 846), in ~tion 19, Township 48 South, Range 26 Ea~, containing 43 acm, more or less 2) Petition No. PUD-gl-5(2), blark W. Minor of Q. Grady btinor & As~iates, P.~, ~p~nting Community Develapmcnt Co~ratlon of Sterling Oa~ ~que~ing ~mendment to the Sterling Oak* PUD, Ordinance Nm 92-79, ~ amended for the pu~ of cladfylng development slandards establishing gtback~ and ~pace ~n buiidinp for pm~y I~ated within the Seeding Oaks PUD ~'hich is i~ated ~lh of the ~ C~uty line bem'~a U.S. 41 and Old 41, in S~tioa* 9 & 10, Township 48 ~th, ~nge 25 E~, Collier County, ~odda, containing 247.89 ~) CONT~UED FROM MARCH 24~ 199~.. Petition R-9~l, Community D~eiopment & En~Smamental Sen'ic~ Dis~sion, ~p~nting the Collier C~nty ~ard of C~nty Commi~ioner~, ~questlng a ~ne from ~PUD~ Planned Unit D~elopment to "A~ ~r~ Agricultural for the Neapolitan P~ PUD l~ated la the no~he~ co,er of the inte~ion of Dssis B~levard tad Santa Ba~a~ B~l~ard, ia ~tion 4, Township ~th, ~nge 26 Eut, coastline of 20 ac~ mo~ or I~ 41 CON~UED ~Dg~~ P~ltion PUD-97-17, Brace ~. Slciliano, ~, of A~oil, Bs~r & BroadaX, ~, ~d Dudley ~i~ of ~1~ ~lem~ & 3ohn~n, P~, ~p~ntint ~e~da H~ Co~tiou ~d Ga~ F. ~ ~y~t ~d Te~l B~, ~qu~ing s ~ne from "E' E~ates to P~ to ~ known u Pine ~d~ Co~e~ PUD for pm~fly ~ated on the no~h fide of Pi~ ~d~ ~ad ~d w~ ~ I-7~, further T~ TT, ~lden Gate E~at~ Unit 35, ~ 7, T49S, ~6~ ~ CON~UED TQ MEE~G 0F 4/28~ P~iti~ N~ PU$~II, J. GtU Butler, P.~ ~p~ting Royce O. Stalling, Jr., Requ~ing a ~ne f~m 'A' ~ -p~' Planned Unit ~.elopment for a muiti-fxmily development for pm~y ~ated anti adjacent to S~ta Ba~R~ ~lo'ard, on,half mile no~h of Da~s ~i~a~ (SRO) April 14. 1995 in the south IA of Section 4, To.'nship 50 Soulh, and Range 26 East, Collier Count)', Florida, consisting of approximately 39.82 acrc.~ OTHER I) Recommendation to adopt an ordinance amending Ordinance 92-18 which created thc Tourist Development Council; amending section two to pro,'ide for addition of a non-voting member with professional experience in the promotion and marketing or special events; providing for conflict and scverability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. 2) Recommendation to adopt an ordinance amending Ordinance 97-82 w'hlch created the Bayshore Avalon Beautification Municipal Service Taxing Unit; amending: Exhibit A which describes the distrbct boundaries to correct and error in thc legal de~,cription; providing for conflict and severability; providing for the inclusion in thc Collier County Code of Laws and ordinances; providing for an effective date. 3) Petition SNR-9?-I2, Butler Engineering, Inc., representing Bill Spinelll of Titan Homes, requesting a street name change for thc northeastern most portion of Briarwood Boulevard to Terra~zzo Coup, located in Briarwood Unit five, in Section 31, Township 49 South, Range 26 Ear,. 4) CommuniD' Development and Environmental Sc~'iccs Di~ision requesting approval of an ordinance amending Ordinance Number 98-13, to correct a scrivener's error attributable to an om:.sslon to reference a blaster 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 ~mending ordinance number 98-13. 13. BOARD OF ZONING APPEALS A) ADVERTISED PUBLIC tlEARINGS 1) Petition No CU-97-26 Terrance Kepple representing Johnathan Burl requesting conditional use approval for conditional uses 19, 20 and :23 to allow a sports instructional ~chool and camp/sporting and recreational camps/cultural, educational or recreational facilities in an ~gricultural and agricultural/special treatment district overlay zoning district for property located on the north side of Pine Ridge Road approximately 600 feet west of its intersection with Livingston Road in Section 1:2, Township .t9 South, Range :25 East, Collier County, Florida- B) OTIIER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONER. S' COMMUNICATIONS 16. CONSENT AGENDA - All matter~ listed under this item are considered to be routine and action will be taken by one motion without separate discusaioa 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. A) COMMUNITY DEVELOPblENT & ENVIRONMENTAL SERV1CES 4 April 14, 1998 1) Request to grant final acceptance of thc roadway, drainage, water and sewer improvements for the final plat of "Majestic Pines". 2) Board approval of a mortgage, promlssor)' note and performance agreement for a sixty thousand dollar (S60,000) rental rehabilitation loan to Community Housing Partnership of Collier Count)', Inc. B) PUBLIC WORKS 1) Approve Change Order No. 2 for The V Gt-oup of Florida, Inc., for The Integrative Corrections Strategic Development Plan, Project No. 80003. 2) Approve a si~-month extension to term expiration datr~ for the Board of Co~:nty Commlssioner~' Appointees to the Beach Reno~rishment./Maintenance Committee. 3) Authorize funds for Pn.ffessional Services to perform the third )'ear of po~t-con~truction monitoring requirement! for the Collier County Beach Restoration ProjeeL 4) Approval of a Facilities Agreement between Maurecn Moran, Inc., Johnson Enterprises, Ltd., and the Board of Count)' Commissioners dealing with the construction and use of a sewer force main from the Barge blarina- C) PUBLIC SERVICES 1) Award Bid $'98-27'/0 to U.S.I. Sporting Goods, Inc., as the primary vendor and utilize Golden Gate Trophy as the ~econdar'y vendor for trophies, awards and plaque~. 2) Award Clam Pass Concession Agreement. D) SUPPORT SERVICES 1) Report to the Bce concerning the sale and transfer of item! with the Count)' ~urplus auctions of blarch 21, 1998. E) COUNTY ADMINISTRATOR I) Budget Amendment Report F) BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTIQN AS DIRECTED. OTHER CONSTITUTIONAL OFFICERS I) COUNTY ATTORNEY J) AIRPORT AUTttORITY 17. ADJOURN INOIJIRIF-_~ CONCERNING CHANGES TO THE B~)ARD'$ AGENDA SHOI,ILD BE MADE TQ THE COUNTY ADMINISTRATOR'S QFFI(~E AT 774-8383. April 14, 1998 AGENDA CHANGES BOARD OF COUNTY COMr'MLC;SIONER. S' MEETING APRIL 14, 1998. ~ff~"j~ - PETITION NO. PUD-87-3I(3), REZONE FROM "PUD" TO "PUD" GADALETA DEVELOPMENT- HAVING THE EFFECT OF /IMENDING THE GADALETA PUD IN RESPONSE TO REQUIREMENTS OF THE LAND DEVELOPMENT CODE (CONTINUED FROM Tile 4/7/'98 MEETING) (STAFF'S REQUEST). ~~iii~]~;~.~'?~}7~ :i:'~j'~)'~ - APPROE4L OF AN ORDINANCE AMENDING ORDINANCE 9S-13 tO CORRECT A SCRIVENER'S ERROR- FIDDLER'S CREEK. (STAFF'S REQUEST). ~-~:b?;i)?ij"~:;~O'~'~i~a'~:: REPORt ro THE ~OARD ON THE RESVLrS OF THE COUNTYD?DE INTERCONNECTED TRAFFIC SIGNAL SYSTEM STUDY. (STAFF'S RE Q UES T). "PUD" TO "A" RURAL AGedCULTURAL FOR (STAFF'S REQUI:2gT). PETITION 98-1, REZONE FROM THE NEAPOLITAN PARK PUD. PR OCLAMA TI O~.___N WHEREAS, WttEREAS, WtfERF~ S, II 7-IEREA S, Ilff-IEREA S, IVtlEREAS, WHEREAS, fi'om 1933 to I945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of ~Vazism; and the people of Collier County, Florida should always remember the atrocities committed by the Nazis so that such horrors are never repeated; and the people of Collier Count, Florida should continually rededicate themselves to the principle of equal justice for all people; and the people of Collier CounO', Florida should remain eternally vigilant against ail O,ranny and recognize that bigotry provides a breeding ~oundjbr O'ranny to flourish; and April 23 has been designated pw'suant to an Act of Congress as a Day of Remembrance of Victims of the Nazi l]olocaust, b~own internationally as Yom Hashoah: and it is afiproprtate for the peop, e of Collier ~unty, Elorida to loin in the commemoration; ~11~ ' ~ . '; , :..:~' . .; .. facul~, st~ stu&ntX a,,,t co,,,~z,,,i~ of SouthweSt Florida will commemorate Holocm~t Remembrance Week at Florida's ngWegf institute of learning, Florida .... . .~ . .. . ~' ?. .'... ..~-.~ ~ ' . -. ' ,.: ;::..- ,... i ', . r NOB' THEREEO~L be'it proclaime'd by the Board of CounW Comm~ssmners of Colhe C~'~O; Florida fkb't ~ ~;~ek:~f Ap~il:20': 24~'~ I 99~2:~fl{~ignated as ;:.::.2:':'::5:g:,;~)f..::f ' ' ,':.."" '- ..... --. :2:" : ..'"&':,,' ......, .? (,4.~' ;" ' ,::k'.~' ~::~?M _, .: .' ~..::~.:. ... ". ~.', _': ~2.2~,,, and in thd'h6~ t~ we wut strtve · ;:.:.:'::*~';::*?:?;~- > '~2%2~*:;:~&x'~h~ ih~tmani~ thro~h'educ~ ~ vtgtlance and DI, FIGHT E. BROCK, CLERK BARBARA B. BERRY, CHAIRM~ AGENDA' I,TEM No. S-. tv. APR I 1998 log. [ ..I EXECUTIVE SUMMARY RECOMblENDATION TO RECOGNIZE RODNEY MICHAELS, UTILITY TECH II, UTILITIES DEPARTMENT, i~UBLIC WORKS DIVISION AS EMPLOYEE OF THE MONTH FOR APRIL 1998. ~: The "Employee of the Month" Program is designed to recognize exceptional I:~,formance plus uniquely identifiable contributions which produce significant results for the County. (~ONSIDERATIONS'.. Rodney has a very positive attitude that ensures the task is compicted in a professional and efficient manner. He is a dedicated worker ,-md his innovative skills enabled his maintenance team to tackle ~,md complete jobs well beyond thc realm of routine maintenance. The most exciting and potentially cost saving project Rod'~.eY has worked on to date has been the Bio-filter. It is a system for eliminating odor and potentially dangerous Hydrogen Sulfide gasses from lift stations and wastewater applications. Unlike commercial units that are currently being used by the county, the Bio-filter uses no chemicals, has minimum maintenance, and is relatively inexpensive. Rodney has been the prime mover in getting this project from the drawing board through building a prototype and making this idea become a reality. The Bio-filter passed all testing for a safe, inexpensive, and environmentally friendly odor control system without the use ofcl~'mical agents. The Bio-filter is now in operation at a Master lift station at Lely Resort. Rodney worked on the design and installation of modifications to the grit system to improve r~noval of sand and gravel from influent at the plant which resulted in longer life to pumps and equipment. Rodney also should be recognized for designing and setting up the Mobile Maintenance Shop. This mobile workspace enables the maintenance team to perform most repairs without having Io leave the worksite. The result is a more efficient and cost effective maintenance team. Without reservations, Rodney Michaels was nominated and selected as Employee of the Month for April 1998. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award arc available in the Water/Sewer District Fund (408-233312). JlECOMMENDA.TION: That Rodney Michaels be recognized as the "Emp] ~vee of the Month" APR lq lSS8 pREPARED BY: APPROVED BY: __ Ruth M. Long Acting Administrative Secretary Sam Saadeh Assistant to the Count)' Administrator ;ri¸ GENDA ITEl'A,. APR 14 EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REPORT REGARDING DENSITY REDUCTION, TRANSFER OF DEVELOPMENT RIGHTS, AND CLUSTERING CRITERIA. OBJECTIVE: To provide information and seek input from the Board of County Commissioners on a concept which involves density reduction in both urban and rural areas, transfer of development rights, and clustering criteria in the rural areas. CONSIDERATIONS: The Board of County Commissioners directed staff to prepare clustering criteria for projects outside of the current Urban Boundary and to work with The Ccnservancy of Southwest Florida in the development of this criteria. This report has been developed in conjunction with the Conservancy and goes beyond clustering criteria and presents ideas regarding density reductions in both urban and rural areas and transfers of density to more suitable areas. This concept will require additional time to develop the specifics and feasibility of how the transfer of density would be accomplished. Input on this process would be needed by the property owners affected by density reductions, developers, er~vironmental groups, professional organizations, and cMc and citizen groups. Also, the reduction of density along with a transfer of development rights system should be fully evaluated in terms of meeting stated objectives and being legally defensible. Staff is seeking additional expedise in the area of TDR's and Urban Sprawl and input from interested parties. The elements of this plan are outlined below: Density Reductions Agricultural/Rural Designation · Reduce density in the Agricultural/Rural Designation Sending Area from one unit per five acres to 1 unit per 20 acres. · Residential density in the Rural Area is 1 unit per 20 acres, which shall be clustered on one acre lots with private well and septic systems. · Primary use of the sending area is agricultural. · Density may be transferred (at a rate to be determined) from the. sending area to a designated receiving area. Potential Result: Reduction of density on 189,300 acres from the current density of 37,860 units to 9,zt65 a reduction of 28,395 units. Urban Designation · Change Urban Residential Fringe which allows1.5 units per acre to Agricultural/Rural at one unit per five acres on 4,522 acres from 6,783 units to 904 units, a reduction of 5,879 units. · Amend the Density Rating System to allow a maximum cap of 2 units per acre from the current 4 units per acre. (approximately 23,608 unit reduction). Potential Result: These reductions could total to approximately 29,487 units. Transfer of Development Rights The density reductions identified above could be combined with a transfer of density .. from a designated sending area to a designated receiving area (see Future Ll~~rrj~ Map attached) which could allow for the ability to make adjustments to densi! - - b a s~.,.,,,,~..-.r~ on surrounding land uses, APR 1 4 1998 · Reduce density in Rural/Agricultural from 1 unit per 5 acres to 1 unit per 20 acres, allow for a density transfer at a rate (to be determined) to land designated as the receiving areas. · Receiving areas are designated on the attached map and includes approximately 22,152 acres. These areas are currently permitted as one unit per five acres. In order to 9o above that density, up to a specified cap, a TDR would have to be purchased from the ser',ding area. The receiving areas, which are adjacent to the Urban boundaw, would be required to have central water and sewer facilities and meet clustering criteria. · The density reductions in the Urban Area include: reducing density in the Urban Residential Fringe for agricultural properties from 1.5 units per acre to 1 unit per five acres and a reduction in the density rating system for agricultural properties from 4 units per acre to 2 units per acre. In order to go above these base densities a TDR would need to be purchased from the sending area. · The Urban Area could receive density transfers but only to the extent that would bring the density back to the cap of 4 units per acre or 1.5 units per acre in the Urban Residential Fringe Area. Potential Result: This scenario can accomplish the following objectives: · Relocate development from prime agricultural areas to areas more suitable for development; · Provide an incentive to preserve large, contiguous areas that are environmentally sensitive; · Identify well defined receiving areas which can accommodate central utilities as well as other urban services; · Potential for an overall density reduction in both Urban and Rural Areas; · Reduces density on property zoned agricultural rather than existing projects zoned for development; · Provides a transfer of density as a method of mitigating the reduction of density. Clustering Criteria Agricultural/Rural Sending Area · Property greater than 100 acres in size shall be required to cluster residential units subject to the following criteria. · The maximum density shall be one unit per 20 acres. · Open space shall be maintained at a minimum of 70% of the total project land area. These open space areas shall be retained for agricultural uses, environmental preservation or passive recreation areas. · A minimum of 50% of the gross acreage of the project must contain natural areas. · Well and Septic systems shall be required. TDR Receiving Area · Clustering of residential units is required in the receiving area for any project above 10 acres in size. · The maximum density is one unit per five acres, unless the transfer of development rights option is utilized. If TDR's are used the maximum density may increase to a cap to be determined. · Central water and sewer utility service is permitted in order to serve the clustered shall residential development. If the Collier County public water and sewer uti becomes available in this area in the future, the residential development~ required to hook up to and become part of the County utility system. APR 1 1998 · A minimum of 70% of the gross project acreage shall be maintained as open space to include such uses as environmentally sensilive area, golf courses, active and passive recreation areas. · A minimum of 50% of the gross project acreage must consist of natural areas. These natural areas shall be protected by a permanent conservation easement to prohibiting further development. (This needs to be furl, her developed) · Open space, including natural areas, shall be connected within the boundaries of the project as well as surrounding areas to the maximum extent possible. · A minimum vegetated buffer area of 200 feel shall be provided for all structures in the residential cluster area from the nearest external roadway and the boundary of the total project. GROWTH MANAGEMENT IMPACT: To implement these criteria, an~endments will be required to the Future Land Use Element and the Potable Water and Sanitary Sewer Sub. elements of the Comprehensive Plan to provide for density reductions and transfer of development rights, as well as central water and sewer in the receiving areas. FISCAL IMPACT: An analysis will be performed to determine the impact of the changes regarding density and transfer of development rights on the tax base and the revenue stream from impact fees. Further, an analysis of the legal impacts of this proposal will be performed. Funds are available in the 111 Cost Center. Should the costs of these studies exceed $15,000. staff will return to the Board for further direction and approval. RECOMMENDATION: ,",taft has prepared an analysis on clustering at the direction of the BCC. Additionally, staff has recommended to the Board that this proposal include density reduction and a transfer of development rights component. To conclude this process and potentially proceed to a Comprehensive Plan amendment, staff recommends that the BCC endorse the additional components and authorize expenditures not to exceed $15,000 for review of the legal and economic impacts of this PREPARED BY: DATE: Barbara A. Cacchione, AICP, Manager ¢/' ' Comprehensive Planning Section APRROVED BY: ~ J-------- DATE: ~Z -/' _~, f I~ol::~rt J. Mulhere, AICP, Director APPROVED BY: -/"~r/ <~' DATE: ,~"--~ "" ~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division APR 1 4 1998 APR 1 ~ 1998 EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT AND ENVIORNMENTAL SERVICES DIVSION REPORT ON THE RE.EVALUATION OF THE URBAN AREA BUILDOUT POPULATION AND LONG RANGE TRANSPORTATION NEEDS. OBJECTIVE: Provide information on Phase II of the density reduction and transportation analysis. CONSIDERATIONS: On October 28"' the Board of County Commissioners directed staff to prepare a work plan, budget, and time line for the task of reevaluating the urban area bui~dout population and tong range transportation needs. On November 25, 1998, the BCC accepted the four phase approach for conducting the density and transportation analysis and reviewed Phase I. In eady January, 1998 revisions were completed to the applicable Traffic Analysis Zones and provided to our consultants so they could begin to run models on the new data set. The consultants completed their work on March the 5, 1998. The phases are summarized as follows: Phase I Model buildout population data set to determine the population at which n~ 8 lane roads or grade separated intersections are warranted. On November 25t~ , the planning staff presented the conclusions of Phase I: · A permanent population of 286,000 (178,500 dwelling units) was found to yield traffic volumes that kept the intersections at a level that would not require a grade separation (Peak season weekday traffic crossing volumes of less than 100,000). · In addition, the road network would need to be overbuilt to serve a population of 429,000, in order to function without grade separations and suppod the permitted population of 286,000. · It shou!d be noted that the current zoning (without additional rezonings) would accommodate approximately 200,000 dwelling units. Phase II Reevaluate the 200 traffic analysis zones based on the following assumptions: · The original buildout study from data collected in 1992 contained a prediction of a buildout of 275,607 dwelling units within the Urban Area. Revisions based on rezonings that have occurred since that time that were lower than previous estimates resulted in a revised buildout estimate of 263, 815 dwelling units, · Change the Urban Residential Fringe Subdistrict from a density of 1.5 units per acre to Agricultural/Rural Subdistdct with a density of I unit per five acres. There are approximately 4,522 acres located in the Urban Residential Fringe Subdistrict which would result in a density ccrc"-- from 6,783 units to 904 units, a reduction of 5,879 units. ~'~' ~J.~ .'~ APR 1 1998 I:'~Io ./ , - · For approved PUD's greater than 500, developer initiated reductions include 4,544 dwelling units. · Amend the density rating system to allow a maximum cap of 2 units per acre from the current 4 units per acre (approximately 23,608 units). · Planned Unit Developments equal to or greater than 300 units, that are not DRI's would be reduced from their maximum density allowed by the PUD by 15%. This would result in 6 PUD's reducing density by 543 units. · Rezon.'. existing zoning districts: RMF - 16 to a maximum of 12 units per acre RMF- 12 to a maximum of 9 units per acre RMF- 6 to a maximum of 4 units per acre For those parcels over 10 acres in size there are only RMF -6 properties which results in a density reduction 91 units. Conclusions: · The number of units that resulted from the above reductions in density are approximately 34,665 dwelling units within the Urban Area. · This network with the reduced densities results in only b,vo 8 lane roadways, a short segment on Davis Blvd. and US 41 over the Gordon River bridge and 15 intersections that have crossing volumes greater than 100,000 which may be candidates for grade separated intersections. The population countywide that was modeled for Phase II was 454,000 which results in 15 intersections that have been determined to require the need for a grade separation (see attached list). The original buildout study modeled a county wide population of 529,000 which resulted in 21 grade separated intersections. The attached lists identify those intersections with crossing volumes greater than 100,000 and the second list identifies how changes in population relate to the need for grade separated intersections. Phase III of this analysis was to include a review of the Phase II results and detailed intersection modeling to determine possible alternatives to grade separated intersections where crossing volumes exceed 100,000 vehicles. The intersection analysis will involve a review of possible intersection improvements and alternate routes to eliminate the need for a grade separated intersections at certain locations. The cost of preparing this type of an analysis can be determined most accurately through a request for proposal process. However, based on recent intersection analysis work done by the Transportation Department, it is estimated the potential cost for each intersection to be approximately $25,000 to $30,000 and would take about 3 to 4 months to complete. GROWTH MANAGEMENT IMPACT: To implement the above density reductions amendments would be required to the Future Land Use Element. FISCAL IMPACT: The intersections analysis would require the expertise of consultants. A determination would need to be made on the scope of services, the number of intersections to be analyzed, and identification of a funding source for this APR 1 ,t 1998 RECOMMENDATION: The density reductions outlined above reduce the number of units within the Urba;: Designated Area which reduces the population in that area. The density reductions impact the transportation network by reducing the number of potential grade separated intersections from 21 to 15 and eliminating 8 lane expressways, except for the two segments identified above. Staff is prepared to move forward with amendments to the Future Land Use Element as deemed appropriate by the Board of County Commissioners and/or Board authorization of detailed intersection PREPARED BY: ATE: /~" ~'''`'~' Barbara A. Cacchione, AICP, Manager ~/ Comprehensive Planning Section APPROVED BY:. ,/~-'~¢.,,.-r..~,..~------~ DATE: F(ob/~rt J. Mulhere, AICP, Director APPROVED BY: Planning Services Department Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division APR 1 A 1998 Date: March 9, 1998 To: Vince Cautero Bob Mulhere Ken Heatherington Barbara Cacchione David Weeks From: Gavin Jones, Transportation Planner RE: Land Use Density Investigations Traffic blodeling Background. Land use data sets for future 5'ear population scenarios anw, vhere short ofbuildout are produced by a method that interpolates ber, veen the population obsen'ed within each traffic analysis zone (TAZ) in the last census 3'ear and the population that would be permitted to exist at buildout. The method ensures that the desired control total is met. When new nem'orks are produced, they are the product of an iterative process that prunes the nem'ork of extraneous lane miles. The goal of the process is the minimum number of lane miles needed to pro'~4de acceptable level of sen'ice for a given land use scenario data set. When a facility is deemed unnecessary and removed, the traffic that wax on it uses other routes to make the same trip, and the traffic volume appears on other facilities. When the number of lanes on a facility is reduced, an identical traffic volume on it now represents a greater fraction of it's useful carrying capacity. The level of service declines, travel time increases, and some trip makers find other routes faster. The traffic volume is reduced, but appears on other facilities. It is this pair of consequences of changes to the network that r,xluires another model nm each time the network is altered significantly. This priming process is consistent with a work program that does not build new lane miles until a level of service crisis exists somewhere in the nenvork. History In 1995, when the MPO's Long Range Plan ~xas being produced, thc population vas projected to grow at a rate that would bring the county to buildout conditions by the year 2020. Thc 2020 Needs Assessment network was designed to serve a permanent countywide population of close to 522,000. A plot of network is attached, titled "2020 Needs Assessment High~ay Network." Naples (Collier Count).') Metropolitan Planning Organization 2800 N~,nh This network cot, Id not be purch,~cd with thc revenue forecast to be available by the )'ear 2020. The 2020 Financially Feasible network was affordable, but would include level of' scn4ce deficiencies for a population of 522,000. Late in the production of the Long R~nge ?l~n, the population projection for the 5'ear 2020 lowered to 393,100, due to the slowing of population groxx~ in the counD'. This revised land use data set was run once on the 2020 Financially Feasible network, and the network performed well. No attempt was made to prune file network of ex~traneous lane miles. The necessity of some features of thc 2020 Needs Assessment ne~vork caused public concern. That ncr, york contained 21 intersections whose peak seasen weekday crossing volumes exceeded I00.000 vehicles, and were thus considered candidates for grade separation. Staff examined tile impact on buildout population of reducing the ultimate residential density of selected parcels in the count3.' that are currently zoned agricultural. The result was a land use data set that contained 429.000 permanent population. The network that would ser~'e this land use scenario was produced in btay 1997 and called the Revised 2020 Needs Assessment network (attached and labeled Exhibit 3). Some of the mo~ alarming features of Ire original Needs Assessment network were no longer required. Hox~'er, there were still some sixteen at-grade intersection whose crossing volumes suggested they would be candidates for grade separation. In October 1997, MPO staffcompared some of the major facility traffic volumes, a~d major intersection crossing volumes between the original and revised Needs Assessment net~vorks. Although the two networks sera'ed populations that differed by close to 100,000, the tra~c volumes did not change significantly unless the number of lanes on the facility ixad changed (sec attached table titled "Traffic SLrnulation Model Assignment Volumes"). This is due to the fact that both networks were the product of the pruning ~rocess described above. In November 1997, MPO staff were asked to determine what permanent population would eliminate the possibility, of grade separation. This ~rk involved comparing the crossing volumes at the busiest intersections for a selection of permanent population scenarios. All of the la.nd use data sets were modeled on the revised Need Assessment network. See the amached table tiffed "Peak Season Weekday Traffic Crossing Volumes." The first comparison was bep, veen the network serving the revised buildout population used to produce the net~vork, and a l~d use d~ta set that contained thc same total populaticm, but was produced using thc interpolation mentioned above. The results xx~re similar enough to suggest that, 2 Naples (Collier County.) Metropolitan Planning Organimtion Napl~.~. Florida 34104 when system wide consequences are of interest, thc total population modeled is more important than the method used to produce it. Using the same network, staff began modeling land use data sets of shrinking population, untii the crossing volume at the busiest intersection had fallen below 100,000. All these data sets were produced using the interpolation method. The total population that eliminated the last grade separation candidate was 286,000. Remember though that this was a population of 286,000 using a network designed to see,'c 429,000. This observation, combined ~4th the previous observation that crossing volumes tended to stay unchanged if the neV,vork was primed, suggests that overbuilding the network can reduce the number of grade separation candidates. There is a graph attached titled "Grade Separation Candidates rs. Population." The graph contains the actual number of grade separation candidates found for each of the population scenarios, and a trend line through the points. The equations at the top can be used to predict the number of grade separation candidates for a given population, or the maximum population for a given number of grade separation c~didates. The slope of the linc in the graph is a measure of the cffect of Collier Count3' population on the number of grade separation cr. udidates. This slope decreases (gets fla'aer) as the population decreases, because the count3' population forms an increasingly smaller portion of the total model x~4ndow population, which includes 104 TAZs in Lee Count3.'. The population in the Lee County TAZs was kept cons~t throughout the analysis. Using 104 Lee Count.,,' TAZs in the Collier CounD' model window is a good way to quantify thc fact that traffic on county roads is the product of more than just the population in Collier Count3'. The graph is NOT an indication of the number of grade separation candidates that will likely ex. ia as the county's population grows. This is because the network x~as not altered as the population scenarios changed. The network used throughout the exercise xxas the Revised Needs Aasessmcnt network. This network was designed to serve a population of 429,000. It would be considered overbuilt for a population of anything less than that. If the network was pruned of exaraneous lane miles, staff expects that, as seen before, crossing volumes at major intersections would return to their original levels. In January 1998, Comprehensive Planning staff prepared new estin~ates of traffic analysis zone (TAg) buildout contents. The changes included the effect of both updated information based on zoning changes in the last few )'ears, and the effect of possible future Board actions. The po~s~le future Board actions included: · Changing the Future Land Use map designation from Urban Residential Fringe to Agricultural/Rural. 3 Naples (Collier County) Metropolitan Planning Organization APR 1 4 t998 · Changing thc Future Land Use Element Density Rating System to cap density at 2 dwclling units per acre, applicable to future re-zonings of"A" zoned lands only. · Continuing to approve commercial rezone requests in Activin' Centers. · Rezoning undeveloped non-PUD tracts to establish new dwelling unit caps. · Rezoning large undevcloped PUDs to establish new dwelling unit caps. · Re-zoning large PUDs to establish new dwelling unit caps based on anticipated buildout number of dwelling units. The effect of thcsc changes was a land use data set that contained a permanent population of 454,400. A table titled "Comparison of Model Input Assumptions" is attached that shows the totals of population and dwelling units by type in the original and revised data sets. A netxvork was produced to serve this population, pruned of all extraneous lane miles. This network is attached, and labeled "Revised Needs Plan Highway Network". Capacit).' reductions made possible from the original Needs Assessment net~vork: · 1-75 from Pine Ridge Road to CR 951 from six lanes to four lanes. · Golden Gate Parkway west of 1-75 from an expressxx:ay to a six lane ,'u-terial. · Golden Gate Parkway cast of 1-75 from six lanes to four lanes. · Count' and Skate Road 951 from I-'75 to south of U.S. 41 from an expressway to a six lane arterial. · State Road 951 across the bridge to Marco Island from six lanes to four lanes. · County Road 951 from golden Gate bh'd to h-nmokalee Rd. from six lanes to four lanes. · Radio Rd. east of Livingston Rd from six lanes to four lanes. · St. Andrews Blvd. from four lanes to two lanes. · U.S. 41 East from CR/SR 951 east for four miles from six lanes to four lanes. · Livingston Rd. north of Pine Ridge Rd. from six lanes to four lanes. · Airport Rd. north of Immokalee Rd. from six lanes to four lanes. · Logan Bh'd. from Green Blvd. to ImmokaJee Rd. from six lanes to four lanes. · E-W Livingston Rd. from U.S. 41 N. to Lixingston Rd. N-S from six lanes to four lanes. · Li~,ingston Rd. from its merge with Air'pon Rd. to the Lee Count)' line from an express~aty to a six lane arterial. · 111'~ Ave. west of Vanderbilt Drive from four lanes to two lanes. · Vanderbilt Beach Rd. from Li,,ingston Rd. to Logan blvd. from six lanes to four lanes. · Removal of Green Blvd. from Livingston Rd. to Logan Blvd. · Removal of the Gordon River bridge acrons the north side of the airport property. · Removal of E-W Livingston east of the joining of Airport Rd. and Livingston Rd. N-S. · Removal of Logan blvd. from Immokalee Rd. to E-W Livingston Rd. · Removal of Crews Rd. from Santa Barbara extension to CR 951. 4 Naples (Collier Count)') Metropolitan Planning Organization 2SO0 Nora Hor-.~x Drive N~ple~ t:3os4d~ ~4104 APR 1 199 ._....._Po. 7 · Removal of Orange Blossom from Airport Rd. to Livingston Rd. · Removal of thc northwest and northeast quadrants of the lmmokalee Ring Road. This ney. york has seventeen intersections that would be candidates for grade separation baSed on their crossing volumes. See the table attached titled "Peak Season Traffic Crossing Volum~ on Pruned Networks" for a comparison of those volumes on the three nev, vorks discussed so far. As a reminder of the effect of overbuilding the network, the land use data sets for the 454,400 population scenario were modeled on a network that was close to the original Needs A.ssessment, but with a few changes. Essentially, most of the capacity reductions described above were put back in. but the follmxSng exceptions: · Golden Gate Parkway west of 1-75 was lcd a six lane arterial. · Count>' and State Roads 951 from 1-75 to U.S. 41 E were left as six lane arterials. · LMngsmn Road and Airport Road north from Immokalee Road to the point where th~.join were left as four lane facilities. A plot of this network titles "Overbuilt for 454K Population" is attached. This nem'ork has fifteen intersections that would be candidates for grade separation. Overbuilding the network eliminated two candidates. For details see the attached table tided "PSWT Crossing Volumes on Two Networks." Moving from the pruned to the overbuilt network involved adding 212 lane miles. In addition to the reduction to the number of grade sel>aration candidates, the total vehicles miles traveled in an peak sea. son da5' by all trip makers combined declined by 10,000. This x~511 always happen when links are added to the network, because the trip makers on the added links are there because using the new link makes their trip shorter. Gavin Jones March, 1998. 5 Naples (Collier Count3.') Metropolitan Planning Organization 2800 North t-ior~:~x~ Drlv~ N~ol~t. lrloci~ 34104 APR 1 4. 1998 mmmm · mmmm · .-- - Ih. BM, me&m.. C.L ~ C.IL lO4 I I C,L 144 U3HG-Kd,.~G~ PIJ. N U~DAT'E ~_NT*AT ~!!* Ce. ....................... '-? .... Bill · COl2.Igt~ COUNTY APR 1 4 199 I~AI)L~ (COLLIZR cout~rY) I~PO ?,0t0 l~:~:OS .4,.SSF,~'~IK~X' REYIS£D ?.020 RZ- EV.LLUATION 't~ 0 1998 - Comparison of Model Input Assumptions,, Scenario Quantity' Urban Area Outside County wide_ Original SF Dus 98,154 17,847 116,001 Needs MF Dus 182,692 30,570 213,262 Assessment Total Dus=, 280,846 48,417 329,263 SF Pop 212,264 49,286 261,550 MF Pop 206,696 53,650 260,346 Total Popl418,960 102,936 521,896,, Jan-98 SF Dus 90,068 17,847 107,915 Updated MF Dus 141,073 30,570 171,643 plus Total Dus 231,141 48,417 279,558 Proposed SF Pop 192,133 49,286 241,419 Policies MF Pop 159,298 53,650 212,948 Total Pop 351,431 I0_2,9~6 454,367 BO ZDATA Comparison Summary Page 1 APR 1 A 1998 3/3/98 11:20 AM S !~EE. COU.N'T:Y. .. COLLIER COUNTY GOLDEN G. KTE P'K'W'Y AJRPORT COUNTY I.g~.fWAY ~ APR 1 ,~ 1998 Pg. Peak Season Weekd~,~ Traffic Crossinc~ Volumes on Pruned Networks _ PoputaUon S22K 454K 429K URS DPA Original Revt~ed Ne~s Needs Needs Network' Intersecflofl SUm sum sum 1 LAngston Road (North-Sot.~h) at Liv~g.~ton Road (East-West) 10B,200 116,300 65,900 2 Immokalee Road at U,S. 41 130,500 116,500 134,900 3 Immokalee Road at Goodle~e-Frank Road 112,100 106,600 122,900 4 Immokalee Road atAJrpor'[ Road 100,300 104,600 97,900 5 Immokalee Road atLiving~ton Road 108,800 114,100 98,300 6 Vanderbitt Beach Road at Goodlette-Frank Rcad 104,600 9.5,600 96,100 7 Vanderbitt Beach Road at A~rport Road 128,400 137,200 111,400 8 Vanderbiff, Beach Road at Livingston Road 114,000 .00,700 71,700 9 Pine Ridge Road at U.S. 41 9§.I00 ~.$,300 95,500 10 Pine Ridge Road et Goodle~te-Frank Road 107,800 92,900 111,400 11 Pine Ridge P. oGd atAJrport P. oad 102,300 114,600 102,400 12 Golden Gate Park'way at Goodlette-Frank Road 114,700 100,400 112,600 13 Golden Gate Park'way at A~rport Road 115,700 110,500 113,700 14 Golden Gate Parkway at Livingston Road 130,600 107,600 102,800 15 Radio Road at Livingston Road 119,700 106,100 116,300 16 Radio Road at Santa BarOara Boulevard 121,400 94,400 108,600 17 Davis Blvd. at Adrport Road 117,000 114,700 105,500 18 Davis Blvd. at Santa Ba~ara Boulevard 126,300 100,300 111,400 19 CR 9.51 at Davis Blvd, 158,200 140,500 110,800 20 CR 951 at Ra~esnake Hammock Road 76,600 91,300 67,800 21 U.S. 41 at A~rport Road 110,200 122,000 107,300 22 U.S. 41 at Rattlesnake Hammock Road 130,200 113,700 119,800 23 U.S, 41 at SR 951 152,900 169,000 137,$00 Sum 2,688,600 2,547,900 2,442,300 Number In excess of 100,000 21 17 16 Each of the networks was designed to serve the population indicated, and pruned Source: Collie,r Count'! MPO Februar~ 1998 ...... : _ . APR 1 4 1998 Intersection volumes on pruned networks Table Page 1 3/5/98 3:2.9 PM t Ilem~t~ C*. DOT - D[STR~C*T ON~ ~'u:s (co~t.n~ cou~'*'F() ~Po COLLIER COUNTY OVERI]UILT FOR 4 0 (N) ~uop, o~s~Ul ~o 'oN 0 0 0 ~ ° APR 1 A 1998 TABLE I ii' PSWT Crossin~...Volumes for 454K Pop on Two Networks -- Network , Intersection Pruned Overbuilt 1 Livingston Road (Nod. h-South) at Livingston Road (East-West) 116,300 118,100 2 Immokalee Road at U.S. 41 118,500 117,400 3 Immokalee Road at Goodlette-Frank Road 106,600 103,600 4 Immokalee Road at Airport Road 104,600 100,000 5 Immokalee Road at Livingston Road 114,100 108,600 6 Vanderbilt Beach Road at Goodlette-Frank Road 95,600 91,500 7 Vanderbilt Beach Road at Airport Road 137,200 130,200 8 Vanderbilt Beach Road at Livingston Road 90,700 96,700 9 Pine Ridge Road at U.S. 41 86,300 87,000 10 Pine Ridge Road at Goodlette-Frank Road 92,900 95,500 11 Pine Ridge Road at Airport Road 114,600 110,100 12 Golden Gate Park-way at Goodlette-Frank Road 100,400 97,800 13 Golden Gate Parkway at Airport Road 110,500 108,100 14 Golden Gate Parkway at Livingston Road 107,600 105,700 15 Radio Road at Livingston Road 106,100 111,800 16 Radio Road at Santa Barbara Boulevard 94,400 98,000 17 Davis Blvd. at Airport Road 114,700 112,000 18 Davis Blvd. at Santa Barbara Boulevard 100,300 98,700 19 CR 951 at Davis Blvd. 140,500 146,200 20 CR 951 at Rattlesnake Hammock Road 91,300 96,500 21 U.S. 41 at Airport Road 122,000 120,700 22 U.S. 41 at Rattlesnake Hammock Road 113,700 112,600 23 U.S. 41 at SR 951 - 169,000 168,600 Mum 2,547,900 2','535,600 Max 169,000 168,800 Number in excess of 100,000 17 15 Bo~ netw~orks were r~'~deled wfth the same land use scenario tha,l'y~,a~:ts a ~.'nt'y w~de permanent popu,atJon of 454,300. .~3£ ~.~) Source: Collier Count,/MPO March 1998 N~.. ~ APR 1 4 1998 ~d vs Overbuilt Summary Prune~ TABLE II ,,,~=_P_eak Season Wee._kday Traffic C..rossing' Volumes PopulaUonScenado Needs Re- Intersection Eval 429,000 393,100 320,900 2a6.000 1 Uvingston Road (Nor~-Sot.rth} at LMn~ston Road (East-West) 85,912 87,718 76,144 60,226 50,705 2 Immok~lee Road at U.S. 41 134,893 131,982 123,976 105,881 96,310 3 Immokalee Road at Goodlette-Frank Road 122.816 120,436 111,530 98,137 89,304 4 Immokalee Road at Airport Road 97.917 101,463 88,547 69,466 59,826 S Immokalee Road at LMngston Rcad 98,363 104,786 93.296 70.202 58,633 6 Vanderbilt Beach Road at Goodlette-Frank Road 96.083 94,324 89,174 81,190 74,396 ? Vanded3ilt Beach Road at Airport Road 111.389 111,691 107,962 89,726 79,919 8 Vanded3ilt Beach Road at Livingston Road 71,715 73,349 66.229 54.329 46.207 9 Pine Ridge Road at U.S. 41 95,498 95,718 89,869 78,729 76.973 10 Pine Ridge Road at Good!otto-Frank Road 111,355 114,240 103.528 93,406 82.056 11 Pine Ridge Road at Airport Road 102,404 107,093 98,239 85,114 79,129 Golden Gate Park'way at Goodlct~e-Frank Road 112.602 113,975 110,303 98,290 94.246 Golden Gate Parkway at Airport Road 113,713 114,649 108,349 96,543 93.662 14 Golden Gate Parkway at Livingston Road 102,762 104,654 92,028 76,177 68,653 15 Radio Road at Livingstcn Road 116,383 117,472 106,971 92,056 82.625 16 Radio Road at Santa Barbara Boulevard 108,619 109,319 98,450 79,520 70.301 17 Davis Blvd. atAirport Road 105,437 104,313 93,593 80,501 73,378 i8 Davis Blvd. at Santa Barbara Boulevard 111,406 114.063 100,482 75,702 65,941 19 CR951 atDavis BN, d. 110,800 110,392 91,483 68,566 56,739 20 CR 951 at Rattlesnake Hammock Road 67,774 64,605 54,£52 44,624 37.728 21 U.S. 41 atAirport Road 107,302 104,410 99,989 90.258 89,772 22 U.S. 41 at Rattlesnake Hammock Road 119,857 113,385 105,176 94.113 88,560 23 U.S. 4I at SR 951 137,342 142,070 131,101 109,997 99,682 Sum 2,442.342 2,456,107 2.241.371 1.892.755 1.714.745 Max 137,342 142,070 131.101 109,997 99.682 Number In excess of 100.000 16 18 10 2 0 Needs ReEvalualJon volumes are the altered buildout data set run on the Revised Need Assessment network. The olher pop scenarios are produced by the interpolation method, with the odginal buildout data set as the end point. ~ data sets were run on the Revised Needs Assessment network produced by DPA in May 1997. Source: Col~er Count7 MPO Nov_.ember 1997. D APR 1 4 1998 Intersection volumes on fixed network Table 3/5/98 3:49 PM EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE RE. SULTS OF COU'N'I'Sq, VIDE INTERCONNECTED TRAFFIC SIGNAL SYSTEM STt.rDY OBJECTIVE; To provide the Board with the results of the FDOT study for the County's intcrcorm:cted signal system. {:ON$11;)EI~ATION$; Approximately one year ago, on April 1,199'/, the Transportation Services l)~artment presented an introduction and overview of the proposed Collier County tntereormected Signal System Study to the Board (Agenda item SB1). Since that initial report, the FDOT, City of Naples staff, Collier County staff and the consultant, Kimley-Horn and Associates, Inc. (KID,.), have been working diligently to complete the initial series of task.~ necessary to provide design direction and a future implementation plan for th-* proposed ~ystem. The' study will be completed later this month. Today, KHA *,,,,ill be maki~.g a short presentation to the Board and will be prepared to answer questions. The presentation will surrm~.arize the results of the study, including the area of coverage of the system, the type of hardware and soft'ware to be used in the system, the type of system communications to be used, and the impact of the proposed system o;~ the County's signal operations and maintenance staff. In addition, KHA will present tl,e phasing and scheduling of the project, as well as the user benefits. Further, Kt-IA will present an estimate of the probable construction costs of the recommended system. RseAI. IMPACT..' It is not the purpose of this report and presentation to solicit funding or to recommend defined budget items for the recommended system, tfowever, 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. FDOT will provide ~undlng for fhls projecf0 and staffing Issues will be defermlned In t~o to ~hree years lrom no.. GROWTH MANAGEMENT IMPACT: Implementation of the proposed countywide interconnected traffic sig'nal system is consistent with the Cot;nty's Growth Management Plan to the extent ~hat it will enhance mobility and assist in reducing congestion throughout the County. RECOMMENDATIONS: That the Board of County Commissioners accept the proffered report and continue, through the MPO, to support the goal of developing a countywide interconnected trafFtc signal cystem. ire c tot Edward $. Kant p-..~., ']'/;~portation Service,; Director REVIEWED BY:--~~~~"~_---~----~ ~ DATe DAm APR 1 1 98 EXECUTIVE SUMMARY DIRECTION TO STAFF CONCERNING TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL, INC. REGARDING 1998 blARCO ISLAND FILM FESTIVAL AND DISCUSSION OF PROCUI~?.iMENT POLICY OBJECTIVE: That the Eoard of County Commissioners provide direction to staff concerning the Tourism Agreement between Collier County and Marco Island Film Festival, Inc. regarding 1998 Marco Island Film Festival and discussion of procurement policy. CONSIDERATIONS: On 11/04/97, Item 8(E)I, the Board of County Commissioners agreed to fund the Marco Island Film Festival in the amount of Seventy Five Thousand dollars ($75,000). The Board also authorized the chairman to sign the stand,~d tourist development tax agreement for special events. The standard contract was submitted to the Clerk of the Circuit Court for written comment, and a response was returned to the County Attorney's Office on 2/09/98. The Clerk's memorandum from his Director of Finance and Accounting, Jim Mitchell, provides that the Clerk has a concern that the agreement does not include the County's procurement policy. During the redrafting of the County's standard contract for tourist development tax funding, a meeting was held among Commissioner Hancock, Jim Mitchell, Jean Gansel, Heidi F. Ashton, Tammie Matthews, Steve Wheeler and Joe DiNunzio. At this meeting, the participants discussed the inclusion of a provision in the standard contract to require that the grantee obtain three quotes from potential vendors. In lieu of this language, it was decided to include the following language, "County may, in its discretion, object to reasonableness of expenditm'es and require repayment if invoices have been paid under this agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards." It was suggested that it would be good practice to obtain quotes from three different vendors concerning services. If the County questioned the reasonableness of an expenditure, the three quotes could then be used by the grantee to defend that the expenditure is an industry standard. Representatives of the tourism industry felt that provision in the agreement requiring three quotes would be restrictive and in some cases an impossibility. The Board is being asked to comment on its position concerning the insertion of a procurement policy in future contracts and whether the Board desires such a provision in the contract between the Marco Island Film Festival, Inc. and the County. FISCAL IMPACT: None GROWTH MANAGEMENT IMPAC'[: None AGENDA ITEM No.. APR I ½ Executive Summary ToudsmAgrecment Betwe.-nCC and Marco Page 2 1RECOMMENDATION: That the Board of County Commissioners direct staff concerning the inclusion of a pro~-orement policy in the tourist development tax standard contracts and wht~h~r such provision should be included in the agreement between Collier County and Marco Island Film Festival Inc. PREPARED BY: i-ItCicli F.'Xs~on, 'kssistant County ^hOmey REVIEWED BY: Date I~avid C. Weigel, Cou6~ Attorney h: ~h~,nni¢~hfa~; sumrmry\-Redimction to s~aff ¢oncrming Tourism ^ g. rc~rnent Date AGENDA ITEM No. Pi.. ( TO: FROM:~\ DATE: RE: Heidi F. Ashton Ass~_s~ant- County. Attorney James L. Fiitchell, CIA, CFE, CBA Director of Finance and Accounting Feb_~uary 9, 1998 Tourism A~reement for the Marco Island Film Festival On behalf of the Clerk of the Circuit Court we would like to express our sincere thanks for giving us the opportunity to review the aforementioned agreement prior to adoption. The a~reement presented clearly outlines the payTnent process and allows us the opportunity to perform, the pre-audit function. The only concern we have is that the a{reema~t does not include the County's procurement policy which would promote competition. However, if this ,is the' desire of the Board of County ConTnissioners, the proposed a~reement does not prohibit us from performin~ our statuto-~Y obligations. If you should have any questions or need additional information regarding this issue, I can be reached at 774-8404. JAM\ CC: Dwight E. Brock, Clerk of the Circuit Court David C. Weigel, County Attorney AGENDA ITEM AP { 1 q 1998 pg. 199'7 TOURISM AGREEMENT BETIVEEN COLLIER COUNTY AaND I~Dd~CO ISLAaND FILM FESTIVA.L, INC. REG:kR_DING 1998 ~L4J~CO ISL.MYD FILM FESTIVAL TI-I'IS AGREESLENrI', is made and entered into t~s __ day of ., 1997, by and bem'een Marco Island Film Festival, Inc., a Florida corporation, hercina'iler referred to as "GP,.~NTEE" and Collier Comnty, a political subdivision of the State of Florida, here[nail, er referred to as "COUNTY." WI-{ER_EAS, the COUNTY has adopted a Tourist Development Plan (here[nailer referred to zs "Plan") funded by proce...ds from the Tourist Devdopment Tax; and Wt-IER~AS, the Plan provides that certa[n of the revenues generated by the Tourist Development Tax are to be allocated for th'. promotion and advertis[n§ of ColHer County nationally and intemationalIy and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WI.-{EREAS, GR. AN-[EE has applied to th: Tourist Development Tax Council and the County to use Tourist Devdopment Tax funds for the promotion and advertising of the Marco Island Film Festival, to be held on October~ 15-18, 1998 (the "Event"); and x,¥q--IEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED LrPON THE MUTUAL COVENANTS AND PRE1V[ISES PROVIDED H:EREI2q', AND OTHER VALUABLE CONSIDERATION, IT IS lvlUTU~LY AGREED AS FOLLOWS: 1. SCOPE OF wORK: In ac~ordmce with the Budget attached as Exhibit "A," the GRANTEE shall provide promotion and advertising of the Event. If event, include: The date(s) of the Ever:'~ may not be changed without an amendment to th.is Agreement as provided in Section 17. 2. ~: The amount to paid under this Agreement shall be Seventy-Five Thousand D>llars ($75,000.00). The GRANTEE shall be paid La accordance with fiscal procedures of the County for expenditures incurred for the promotion and ad as described h.~ Section 1 upon submittal of an invoice and upon verificatio! described La the invoice are completed or that goods have been received. GRANTEE shall d:terminc that the goods and sen,ices have been pro] shall submit invoices to t~e County Admirdstr~tor or his designee. Thc Cour. ,erfi~ing ~penses :fly provided, and his desi~ee shall dete~'-mine that th: invoice payments are authorized and the goods or covered by such invoice hay: been provided or performed in accordance with such authorization. The ILne item budget at'inched as Exkibit "k" shall constitute authorization of the expendit'~-e described in the invoices provided that such expenditure is made in accordance'with this Agreement. ' Each invoice submit-ted by GR.~NTEE shall be itemized in sufficient detail for audit thereof and shall be suppo.'-ted by copie.s of con'esponding vendor ir, voices and proof of receipt of goods or performance of the services invoiced. GP,.A.N'TEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GtLkNTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GR..~N-I'EE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maxiraum amount budgeted pursuant to the Attached "Exhibit A." The mounts applicable to the various line items of Ex.h/bit "A," subject to the maximum total mount, may be increased or decreased by up to ten percent (10%) at the discretion of GR.~NTEE. Adjushment in excess of ten percent (10%) of any line item must be authorized by ,, the County Administrator or Ns designee. 3. EL~ Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineli~ble e::oenditures shall be repaid to COUNTY within 30 days of COUNTY's v, Titten request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after t~;rmination of this Agreement or any extension or renewal thereof. 4. ~iN__,S_D]~.~.C~: GRANTEE is requked to submit a Certificate of Insurance naming ColLier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreiment, and be issued by a company licensed in the State of Florida, and provide General LiabiLity Insmance for no less than the following amounts: BODILY INJURY LLABIZrrY $300,000 each claim per person AGEND_AJTEM No. cf PROPERTY DAMAGE LIABILITY 5300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S CO.NIPENSATION .MN'D E.',fl:'LOYER'S LL, kBILITY-Stat'utory The Certificate of I. ns',.t,-anc: must b: deliv.':red to th; Count'/ AdminSstrator or his within.ten days of execution of ins A~::m:nt by th: COU..-NTY. Thc GR.kNTEE shall not commence promotional and adv:z-~ising -..ctivki:s which arc to b: f-und:d pzsu~t to Agreement until the Certificate of I.ns',m-ance ha been received by the COI. YNTY. 5. ~ONTtOLY REPORTS_: GP,.-U'NrI'EE shall pr6vidc to County monthly reports on the duties performed arid s~.rvice provided by GR-~uNTEE, its vendors or subcontractors, pursuant to this A~eernent. The repo,',, shall identify th: amount Spent during the preceding 30 days and th-.. duties performed, a.nd th: sca'ices provided and goods delivered during said period. GR.-MN-tEE shall t~e reasonable meaures ~.o :,-ss~r: the conthnued satisfactory perfo,-manc': of all vendors ad subcontractors. 6. CHOICE OF 'vTN'DORS .~."D FAIR DEAI.ING: GR..~'N'IEE may scl'eot vendors or subcontractors to provide sen'ices a described in S:ction 1. COUN1W shall not be responsible for paying vendors au'id shall not b'-. involved in the selection of subcontractors or vendors. GR.M',i'TEE a~e-"s to disclose any relationship between GRANTEE and the subcon- II tractors or vendors, including, but not limited to, similar or relaed employees, agents, officers, directors ad/or shareholders. COUNTY may, in its discretion, object to the reasonableness of ex'pendimres and requke repayment'if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry,, standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmlexs and defend COUNTY, =nd its agents and employees, ~om any and all suits and actions including attorney's fees and all :osts of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also per:.ain ~o any claims brought against the COUNTY by any employee of the named GR.MCrEE, any subcontractor, or anyone directly or indkectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall no: be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 AGENDA ITEM No. ':Il,q). 1 8. ~: All notices from th: COb,'~"IY lo the GR.A.N'TEE shall be in and d=err, ed duly served if mailed by registered or cer, ifi~-d mail to the GR.-~N-I"EE -,.t tlne following add.tess: ' .Mau.ry Dailey, President I',,f~co Island Eikn Festival, Inc. P.O. Box 2002 Marco Island, Florida 34146 .all notices from the GP...~N-1-EE to the COUN-I'Y shall be in writing and de:mod duly served if mailed by registered or certified mail to Ih: COU.'N"I'Y to: C o'~n ry Admi~strator Second Floor, AdmLrfist.ration Building .3301 Ta-niami Trail East Naples, Florida 34112 The GR..MN'TEE and th: COUNTY may chang: the above mailing address at any time upon givLng the other pax'-/',,.Tit'ten notification pursuant to this Section. 9. B'O P.~RTN'ERSH-[P_: Nothing herein contained shall be construed as creating a par'mership bec'eon th: COU,"NTY and the GR.MN'TEE, or its vendor or subcontractor, or to constitute the GRAN"TEE, or its vendor or subcontractor, as ah agent or employee of the COUNTY. I0. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement · with or without cause by giving 30 days advance ,.,,Tit-ten notice of such termination pursuant to 'Section 8 an,'t specifying the effective date of termination. If the COUNTY terminates this Agreement, th,'. COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such e.xpenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activ/t'y, GRANTEE shall pay to COUNTY' all funds expended by COUNTY pursuant, to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to iustif'y the use of AGENDA IT F...~ tourist development tax funds. No,_ ct ( PI,_ 11. GENERAL ACCOUNTING: GILMqTEE is required to mai rain complete and accurate accounting records and kee? tourism funds in a separate chec 'king ac ',ounLA~,~lrevenuel It 11108 , 4 1'11.-----9,---"- related to the Agreement should be record:d, and ail expenditures must be incurred within term of this Agreement. -12. .6V.a, IL. q-UB_I. LITY OF RECOPDS' GR.-MNTEE shall maintain records, books, documents, papers and fma:ncial information pertaining to work perforated under {Ns Agree- ment. GR .MNTEE ag'tees that the COLrNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) >,ears a~er final pa~,-rnent under this A~eement, have access to, · papers, and records of and the rig.hr to exa.rnme and photocopy any pertinent books, documents, Gp,..~I'EE involving transactions related to thi-q A~eement. 13. p~ROHTBITION OF ASSIGN'NfEN'I': GRANrrEE shall not assign, convey, or transfer in whole or in part its interest in this A~eement without the prior written consent of the COUNT';'. 14. ~T_E~M: Ti-ds A~eement shall become effective on November 4, 1997 and shall remain effective for one ),:ar. The GR..~NTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this A~eement, and Se COUNTY may agree by amendment to th. is Agreement to extend the term for an additional one year. Any funds not used by GR.AlqTEE during the. term of this Au:ement and any extension thereto shall available fo',' future applicants. 15. EVALUATION OF 'I:OUTdSM IMPACT: GP,_~U'EE shall monitor and evaluate the ~:vent identifying the success of the event, explaining how the success and quality were evaluat,.'d, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. E_!5._QLrPREDNOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. Aj:dYr,,N]P2dlii:~:' This Agreement may only be amended by mutual agreement of the parties and alter recommendation by the Tourist Development Council. AGEN~ 1 .L-N V, qTN"ESS W'HEREOF, th'.. GR.~NTEE and COU~'TY have each respectively, by mn authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk WITN'ESSES: (1). BO.M>,.D OF COUNTY COMMISSIONERS COLLIER cOUNTY,' FLORIDA By: TD~{OTHY L. tLMqCOCK, Chairman Marco Island Film Festival, Inc. prim: d,rT)-l:: cl (2) By: Pr/,~mc~,Typ:d NaTr~ Pfin~c&T)'pcd Narr~ Prim: d,rrTl~d Tiflc (corporate seal) Approvc. d as to form and legal sufficiency H¢idi F. Ashton Assistant Coma5' Attorney h:~blic'~dc'ltdcMar~o Isled Film Festival Inc. ISLAND FILM FESTIVAL TOURIST DEVELOPMENT FUNDS REVISED BUDGET INCOYEE Tourist Development Grant $75,000 E>EPENSES Print Media Buys (For Industry Competition) Print Media Buys (for Film Aficionado Attendees) Public Relations Campaign Electronic Media Buy (Radio, Television, Intemet) Celebrity Promotional Advertising Film Industry Marketing /Promotion Agency TOTAL $24,500 $10,000 $15,000 5OO $10,000 S15,000 $75,000 AGEN I M EXE(~UTIVE SUMMARY. COLLIER COUNTY GOVERNMENT PRODUCTIVITY SUB-COMMITTEE ON SIIERIFF'S OFFICE OVERTLME REI~3RT A ND RECOMMENDATIONS RESULTING FROM TIt E FY 1997-98 BUDGET HEA RINGS, ~]~[.F~: To present the Collier County Government Productivity Sub-committee on Sheriff's Office Overtime report and recommendations resulting from the FY 1997-98 budget hearings. CONSIDERATIONS: During the September, 1997, public budget hearings, the Board of County Commissioners requested that the Collier County Government Productivity Committee review the Sheriff's Office overtime hours. I was volunteered to head this Sub-committee when I arrived slightly late for a meeting. I accepted the assignment on the condition that other committee members would help me. Not surprisingly, all of the Sub-committee members volunteered to help. That shows the enthusiasm and dedication of the Productivity Committee members. Productivity Committee representatives performed a thorough review of the SherifF's Office overtime and focused specifically on three areas responsible for the majority of overtime hours. These areas were determined to be the Judicial Division (including the Bailiffs Bureau) investigated by Ed Ott and Mario Delgado; the Telecommunications Bureau investigated by John Stockton and John Schoemer; and the Corrections Division (including the Jail and the DRILL Academy) which were investigated by Karl Otto and Bill Neal. Ail of the areas were visited at least twice by the Sub-Committee members involved. The Overtime Sub-committee also held meetings with Undersheriff Bob Burhans, Captain Greg Smith, Commander Scott Salley, Lieutenant Fred Schoenrock, Telecommunications Supervisor Stephanie Bradley {since then a new manager has been appointed - Lt. A1 Beatty), Finance Director Crystal Kinzel and Budget Analyst Jean Mye;'s. The Committee's summary of findings by each area is attached. FISCAL IMPACT'~ None. GROWTH MANAC~EMENT: None. RF_~OMMENDATIQN: That the Board of County Commissioners accept the County Government Productivity Sub-committee report on the SherifFs Office overtime. PREPARED BY: Robert Laird, Sub-Committee Chair Collier County Government Productivity Committee REVIEWED BY: Michael Smykowski, OMB Director REVIEWED BY: DATE: £S~ex~roduc~ dy Robert Fernandez, County Administrator ~Apfil 14, I998 AG F.~ A,.IT.,EM, APR 1998 P~;,, / FINDINGS ON SIIER1FF'S OFFICE OVERTIME USE The use of overtime is not unusual in most organizations. In some cases, it is a remedy in lieu of adding personnel and, subsequently, increasing benefits. However, overtime use can be excessive and can sometimes be attributed to inefficient staffing, mismanagement, and/or operational constraints. The Collier County Government Productivity. Committee reviewed overlime use at the Sheriffs Office for the Judicial, Law Enforcement (including the Telecommunica- tions Bureau), and Corrections (including the DRILL Academy) divisions. Several areas identified as having significant overtime were targeted for further analysis. These areas were the Bailiffs Bureau, the Telecommunications Bureau (Dispatchers), and the Jail operations, including the DRILL Academy. Numerous meetings were held and included tours of the areas selected for analysis. It is the Productivity Committee's opinion that overtime use in the Sheriff's Office is not excessive. We have randomly surveyed other counties (Sarasota and Lee Counties) and have found that other Sheriff's Offices have varied circumstances and operations that may or may not relate to Collier County. After review of the Collier County Sheriff's overtime, we feel that the Judicial and Law Enforcement divisions are doing an excellent job managi~:g overtime use. One vrea of concern is the Corrections Division. The Corrections Division has shown an increase in overtime hours to total hours worked. This increase appears attributable to the following: l) The Jail fl'equently sees staffn'ansfer to the Law Enforcement Division. This is a natural career progression but creates turnover in the Jail. 2) Sick leave use in the Corrections Division is higher than most Sheriff's Office divisions. This appears attributable to stress levels in dealing with inmates; the closed work environment; and Inmate overcrowding. The p,'oposed jail expansion may help to reduce the negative impact ofthese issues. 3) Overtime use for the DRILL Academy, while high, does not appear excessive. Most of the overtime is mandated by the deputy to candidate ratios and program requirements prescribed by the Department of Juvenile Justice. Nc APR Pg._ 4) The Collier County DRILL Academy is to be commended. I,' has been chosen as Number 1 of the other 8 DRILL Academies and Boot Camps in the state of Florida. The Collier County Drill Academy has also received inquiries and ~4sits from representatives of the states of Maryland, Virginia, Pennsylvania, lo,va and Otlawa, Canada. The recidivism rate for Collier County DRILL Academy graduates is considerably less than tile state average. The Productivity Committee's review and sun'unary of tile 4% level of' overtime finds that the Sheriff's Office overall level of overtime is not unreasonable. AGE,NC~ JTEI~ ~ APR 1 ~ 1~8 ~E0 0 0 0 Ii I I Ii 0 AG~, II'EM E tm m mm C) 0 A , t. '~ (.~... APR 14 1998 COMMI'I-I'EE FINDINGS FOR THE BAILIFFS BUREAU AND TilE TELECOIMMUNICATIONS (DISPATCtl) CENTER Bailiffs Bureau Fiad.i.n~: The volatility in average annual productivity underlines the fact that scheduling and staffing the Bailiffs Bureau is dependent on the number of courts in session and the required number of bailiffs per court and not in the number of proceedings projected for each court. This reality pem~its workload to increase on a marginal basis while work hours increase in step increments. Overtime in the Bailiffs Bureau is an issue of staffing and scheduling requirements and not of output and productivity objectives. The current number of Bailiff staff is inadequate to meet the Bureau's coverage and scow'ice requirements. Recomrr'.endation: To establish a number of certified positions with the primary task to "roarrt" between the Bailiffs Bureau and Law Enforcement bureaus. Their primary responsibility would be to eliminate overtime from scheduled activities such as vacation, training, extended sick leave and non-recurring events. These individuals would be cross-trained prior to being assigned to Bailiffs duties. Telecommuni~:gti~n~ (Dispatch) Center Findings: The overtime level in the Telecommunications Center is reasonable given normal business difficulty in scheduling and given the inability to fill budgeted staff levels with competent, fully trained personnel. Turnover and training requirements create the need for overtime. The following staffing challenges contribute to the use of overtime: l) The SheriWs Office has a major difficulty in hiring qualified, capable Dispatchers. Factors considered by candidates include a very stressful job, a long required training period, and a dark room environment. The average turnover rate for Dispatchers is approximately 40%, or slightly above the national average of 38%. Many dispatchers utilize this position as a career stepping path to become Community Service Deputies, Corrections, or Law Enforcement Deputies. 2) hours a day/7 days a week coverage. If the Center is st~ approved level 52 positions (e.g., working regular hours,i regular vacation use, and average sick day use), the Tele, Challenging staffing imbalances due to sickness, vacation and training also contribute to overtime use. The Telecommunications Center requires 24 fled a~(llil~DA ,,o ~ommunications APR 1 1998 II Center would be approximately 1.5 positions short of needed staff for the fiscal 1996/1997 5'ear. When there is vacation or sick leave use on a shift, the irnmcdiate result is overtime. 3) The Telecommunications Bureau averages a shortfall of 6-8 staff comparcd to budgeted levels because of the difficulty in hiring qualified Dispatchers. Using the standard workload (72 hours every two weeks), management reviews the overtime hours incurred and compares it to the staffing shortfall. On this basis, the overall overtime levels is reasonable, since a large part of the overtime is incurred to compensate for the staffing shortage. The attached charts summarize a sample of calls per day for the week of November 2, 1997 and the average number of calls by hour. AGEND/' "rEm APR 1998 PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE APPROVING PETITION CP-97-02, JIM COLOSIMO, TRUSTEE, REQUESTING TO AMEND THE GOLDEN GATE AREA MASTER PLAN BY ADDING A NEVi/ DISTRICT TO BE KNOWN AS THE PINE RIDGE ROAD MIXED USE DISTPJCT, BY INCREASING THE MAXIMUM AREA ALLOWED FOR CONDITIONAL USES ADJACENT TO SAID DISTRICT, AND BY AMENDItIG THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP FOR PROPERTY LOCATED WEST OF NAPLES GATEWAY PUD ON THE NORTH SIDF~_INE RIDGE ROAD. ~..~:~: ']'he objective of this hearing is to consider adoption of Petition CP-97-02 and to forward said adoption to the Depadment of Community Affaim for final compliance. CONSIDF~.ON~;; The subject petition is requesting to amend the Golden Gate Area Master Plan ,t, nd Future Land Use Map by adding a new district to be known as the Pine Ridge Ro~d Mixed Use District for three (3) tracts of land lying immediately west of Naples Gateway PUD and the increase the acreage allowed for conditional uses for parcels w?,'hin this district. The subject property is 12.79 acres in size. The eastern 2.59 acres is wetlands and would be left in its natural state. C1/T office uses, with a maximum square footage of 35,000 square feet, would be only allowed on the eastern portion of I. he property and conditional uses would be allowed on the entire site. The CCPC and BCC held their transmittal hearings on this petition on October 2, 1997 and November 25, 1997, respectively. The Objections, Recommendations and Comments Report (CRC) was received from Department of Community Affairs on February 8, 1998. Tile Department of Community Affairs's main objections related to not listing the types of conditional uses allowed and the intensity of those uses, and not providing for protection of the wetlands. The CCPC heard this petition on March 19, 1998 and recommended unanimously that Petition CP-97-02 be forwarded to the Board of County Commissioners for approval subject to amending the original transmitted language as follows: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a "Pine Ridge Road Mixed Use District" allowing no more than 5 acres of C-1/T office uses on the eastern portion of the property. The proposed text change is to the Interstate Activity Center, page 21, Section B.1.B.4 as follows: "On the fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not !GENDA ITEM O. 12 A1 April 14, 1998 this Master Plan. _A_djacent to t,hi~ Activi..t.y_.C. ente. L~~~de of 1-75 and on J_b_.~._north si_d_.c_o_f_Pj.0e Ridg. c_Bp..a..¢ is a ~sing !~ t_o the we_s_t of ~,l~.pJLe,_,s_Gate'.~¥?cy PUD, which is designated_aAJ, bP,..P_i9~ P, idge B.¢_~ ~¢...Mj~Use Dist,'ict and c,,.qg.,$~~~i 12.13. and 28 of Golden Gate .F_statc,_s,_.Unit 3_5_.j~.~'~ed i~ p.B. 7. than 3_.%.0_0_0 s(:u.ar.~Leet of_oJ. Ec_e_r_~ted use,.s orL~~ · ,.-.' ccA Tr-",~'itL'",~"~I I I,r-~'.. r~...t,.4.,,-t~ 2rl~ n,,rmitted within the ¢.a..S.tC. LE_portion eLt~s oroDerty. The propej:~._in its entire,N_ is also be develop_.C_w_J1111h_e folLo.~[p~Coj3¢jtional .with ~um flp_pjr_A£e,.A_r_AtiP (.,FAB) of 0,45;_C,.A~g_ory larld..!! EacilRies;_¢.are units; nursln,~ 400,40;2 F,S. a,_.q_d_c_tj.,._,5~_A:._5 I::,A.,~; c~ltj_nulrt~..c..,3re pursuant to 651 F,S,Arzd._c_LI_4-183 F.A,C,: schools: permitte_C_JJ_s_e$ shall b_c_gncoura..g.~.d to b.~_~S_A.P_~nned Unit .D..eveloD_,.m~,n.t ~ DC'staL6t for the st,l~ect progertyjr~ its entirety, with specjaJ attentior, 1;o be orovid~(;I for she. red access, water management, uniform !andsc~.aDing. signage, screening_and buffering, and other pertinent development ,sZaildards to ensure compatibility with nearby residential areas, and subject to thc,,_/_ollgwing additional criteria; · _ There shall be no access onto Livingston Woods Lane: .._ ']'here shall be a minimum landscaped buffer along the nodh and west property lines of 75 feet; :_ Driveway access, parking and water management may be allowed within the 75' buffer area along_Lhe west property line and water management wilhin the 75' buffer area along the north property, line but none of these uses shall be located closer than 30' to the west or nodh property_ line: and ,..____NQ automobile parking, h~metess shelters or soup kitchens shall be · _ The eastern 2.59 acres, more or less. of Tract 28 shall be preserved As wetlands and no development ma.v occur wlthin this area, 2) 3) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section C, second paragraph sub-paragraph c as follows: "Site shall be 2.5 acres or more in size and shall not exceed 5 acres, ~ ~ub!ect property is adjacent to an Interstate Activity_ Center or the Pine Ridge Road Mixed Use District with no intervening public streets. Amend the Future Land Use Map of the Golden Gate Area Master Plan to provide for the designation of the Pine Ridge Road Mixed Use District. 2 IAGENDA ITEM NO. 12 A~I April 14, 199~ Pg. 2 Double Ujlc[.e_rJj. Ee~_Ao_d_b.o_t¢_are additions to the transmitted language; words ~uc, k--through are changes to the transmitted language. E,[.~_~_J~~ This is a request to only adopt an amendment to the Golden Gate Area Master Plan. Any fiscal impact would occur at the time of any rezone or conditional use request if the proposed amendment is adopted. GROWTH MANAGEMENT IMPACT: This is a request to adopt an amendment to the Golden Gate Area Master Plan. There is no Growth Management impact at this time. CCPC RECOMMF,.NDATION; That the Board of County Commissioners approve Petition CP-97-02 subject to the. proposed language changes recommended by staff. PREPARED RY: _~,,,,~_ ~ (_//~ ,~Lx~, ~_.. DATE: MaW Lee Layne.~Pla.~fer II. REVIEWED BY: '/~2~ ~' ~~'~' DATE: 2~[;7 "'¢P Barbara A. Cacchione, AICP Comprehensive Planning Manager REVIEWED BY: APPROVED BY: ~ob"ert Mulhere, AICP Vincent A. Cautero, AICP Administrator, Community Dev. & Env. Services DATE: ~--~ "' '~'/¢~' AGENDA ITEM NO. t2 Al ApHt 14, lg98 t ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ORDINANCE NUMGER 89- ~, 05. AS AMENDED. THE GCa.-DE-N GATE AREA MASTER 5 PLAN OF THE CO~JER COUNTY GROV~I'H § I~ANAGEMENT PLAN, FOR THE UNINCORPORATED 7 AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING 8 SECTION B.1.B.4 'tN'TERSTATE ACTIVITY CENTER" OF 9 THE URBAH COMMERCIAL DISTRICT SECTION OF THE 10 URP~N DESIGNATION SECTION OF THE LAND USE 11 DESCRIPTION SECTION BY ADDING A NEW 12 SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED 13 USE DISTRICT TO ALLOW C-1/'I' USES AN1:3 BY 14 AMENDING SECTION C. SECOND pARAGRAPH 15 SUBPARAGRAPH C 'CONOIT10~,IAL USES' ALSO OF 15 THE LAND USE DESIGNATION DESCRIPTION SECTION 17 BY INCREASING THE ACP, EAGE REQUIREMENT 18 ALLOV~D FOR CONDITIONAL USES; AND BY 19 AMENDING ~"~HE FUTURE LAND USE MAP OF THE 20 GOt.DEN GATE AREA MASTER PLAN PROVIDING FOR 21 DESIGNATIOH OF SAID DISTRICT ON THE FUTURE 22 LA/'4D USE MAP; BY PROVIDING FOR SEVF..RABILITY; 23 AND BY PROVIDIIqG AN EFFECTIVE DATE. 24 WHERE,kS. the Board of County Commi~,;'o~ers adopted the Golden Gate Ama Master 25 Plan on Feb~uar'y 5. 1991; 25 WHEREAS. Brace Anderson and Robert Duane, mp~santing Jim Colosimo. Trustee. has 27 subm~ed an apphCation to the Collier County Planning Services D,epartment to amend the 28 Golden Gate Area Masler Plan by allowing a new subdistrict called the Pine Ridge Mixed Use 29 D[sldct and to inc,-ease the acreage allowed for conditional uses in Transitional Ames: 30 and 31 WI--IEREAS. Collier County did submit this Grov~h Management Plan amendment to the 32 Department of Community Affairs for p4-eliminat'f r~view on November 25, 1997; and 33 WHEREAS, the Department of Community Affaim did mvi,ew and make wntlen oblections 34 to this Golden Gale Ama Masler Plan amendm~4 to the Growth Manegem~nt Ptan and 35 transmi[led the same in writing to Coliier County within the time ixovided by law;. and 36 WHEREAS. Collier County has 60 days from mceipl of the wrfflen oojectio~s trom the 37 Department of Community Al'faire to edop~, adop( wfth c~ange$ or not adop~ the 38 amendment to the G,~h Management Plan: and 39 WHEREAS, the Boa~ of County Commis..~onetl of Collier Co~Jnty did lake action in the 40 manner p~sc~ibed b'f taw and did hold public hear~n,~ concerning the adoption of this Futu~'~ 41 Land Use Element amendme~3t to the Gn:~h Management Plan o~ Ap~l 14. 199~; and 42 WHEREAS, CoSier County has gathef~ and cm'tsider~ ~:ldltk~&l i~form=tion, data ~,nd 43 anal'j~s -.,up~orting adD, On of thi~ &rnendmen( to the Golden Gate ~a Ma~ef Plan. i~-Juding 4.4 the fo{lowing: the Collier County staff mporl; the Notice of Proposed Chan~e ep~i~:,ation; the 45 d~m entitled Collier County Growth Mar~gem~nt I:~n Amendme~nt (CP-97-2) and Ihe other 46 documents, testimony Ind infon"nation I:~'~'fl~:l ami n3a~de · pa~t ol t.h~, ..;;-;A~¥L~'~,r~'l&''''~ 47 of the Coflier Co~"~ Planning Commi~:m held o~ M. an::h Ig, I ~38. ~nd the Cotter Count~ APR 1 4:1998 WHEREAS, all apphcable substantive and procedural requirements of law have been met; 1 2 and 3 NOW, THEREFORE, BE IT ORDAIHED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUhlTY, FLORIDA, that: 5 6 .~..F=.C.~T.]..O....~: ADOPT1ON OF AMENDMENT TO THE GOLDEN GATE AREA MASTER 7 PLAN OF THE GROWTH MANAGEMENT PLA~q. 8 The Board hereby adopts this amendment to the Future Land Use Map of the Golden 9 Gate Area Master Plan and the amendment to the Land Use Designation DesCription Section o! 10 the Golder~ Gate Area Master Plan, page 21, Section B.1 .B.4 and page 28, Section C, second 11 paragraph subparagraph c, m acc~ance w~th Section 16331 ~,4. Flodda Statutes. The text of 12 the amendment is atlached hereto as Exhib~l 'A' and the amended Future Land Use Map of the 13 Golden Gate Area Maste¢ Plan is a~ached hereto as Exhibit *B", bolh of which are incot~poraled 14 15 16 17 19 20 21 22 23 24 25 26 27 30 31 32 33 35 37 38 by reference herein. SI~CTION 'T'VVQ: SEVERABILITY, If any phrase or poflion of this Ordinance is held invalid or unconstitutional by any coup1 of competent junsdi~ion, such porlion ,;hall be deemed a saparate, distinct and independent provision and suCh holding shall not affect the validity of the remaining poilion. ~ EFFECTIVE DATE. The effective (tale of this amendment to the Future Land Use Element shall be the date a final order is issue~J by the Department of Commumty Affairs or Administration CommiS-~on finding the Element in compliance in accordance wilh Section 163.3184, Florida Statutes. whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence bel'ore it has become effecth, e. If a f'~nal o~er of noncompliance is issued by the Administration CommiSs~ion. this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a cop,/ of which Resolution shall be sent to the Depa~lment o! Community Affairs. Bureau o! Local Planning, 2555 Shuma~l Oaks Bivd., 3'~ FIo~'. Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ,,, day of April. 1998. A'CrEST: DWIGHT E. BROCK. CLERK By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: BARBARA B. BERRY CI-{AIRMAN 39 APPROVED AS TO FORM AND 40 LEGAL SUFFICIENCY: 41 43 ~RJO~,JE M. STUDENT 44 ASSISTANT COUNTY A'CrORNEY 45 AGENDA 13'EM NO, ~ / ,PR 1 4 1998 1 6 7 8 9 10 11 ~2 13 14 15 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ,(3 44 45 47 48 49 50 51 52 53 55 57 58 60 61 62 53 64 65 6~ 67 70 71 72 73 74 75 EXHIBIT 'A' 2) Amend [he exi$1ing Golden Gale Area Masler Plan 1o allow the crea;ion of a 'Pine Road Mix~ Use Dist~' al1~ng no mo~ than 5 a~=s of C-I~ uses on the ~ion of the pro~y. The pro~d le~ ~a~e ~5 lo the Inte~ate A~}v~y Center. page 21, Se~ion B.1 .B.4 as foll~: Se~ion B.1 .B.4 literate A~y C¢nler of the L=~ 'd~ Designation DeC,ion Se~ion 'On the fdnges of Ihe Golden Gale Ma~r Plan ~u~ades there are ~veral patois lhat are Io~t~ ~thin the Inte~ate A~ivffy Ce~er at 1-75 a~ Pine R~e Road aS d~[ailed in the Count~-~e F~um ~ U~ Ele~ (FLUE). Parce~ ~thin this A~y Center are su~e~ to the Cou~y-~e ~UE a~ not thi~ Ma~er Plan. ~ is desion~t~, as the Pine ~~~ ~ ~nsi~s of 12.13. and 2~ o~~~Unfl 35. a~ r¢co~ in Pl~t Book 7. Paoe ~hf pu~ic Re~ of Collier CounW. ~hin t~ts fe~ of ~ ~lat~ u~s on 5 ~s ~ ~ ~in the eas~m ~nion o~ ~y. The pm~ty in ~s e~ty ts at~ ~to ~ dev¢~o~ ~ the folt~ ~ig~al Uses of the E~ates Zoni~ Oi~d~ ~h e m~ximum floor ama ratio ~FAR) of 0.45; Cat~o~ I a~ II Group Cam Families: ~m unit: numi~ hom~s: livi~ faol~es oumuant to 4~.402 F.S. a~ ~. 5~-5 F,AC.: ~nttnui~ ~m ~ti~ment ~mmuni~es ~muant to 551 F.~. a~ ~ ~1~3 F~.C.: ~ls: ~u~es: ~at f~temal omanizations: a~ ~i~ a~ ~uff day ~m fadl~i~. G~ ~ u~s ~ en~u~ to ~ subm~ ~s a Pl~nn~ Un~ ~elo~ent for the su~e~ in ~s ~ntimw. ~h s~l a~¢ntion to ~ omv~ lot ~a~ m~. water ~an~ement. unifo~ la~. ~n~e. ~ni~ ~ ~ffed~. a~ ~nent d~eloDment ~{~s to en~um ~m~i~lffY ~ nea~Y ms~ential a~ ~u~e~ to the folt~ a~ional · ~ere shall ~ no a~s~ onlo LNi~on W~s Lane; T~ ~h~[I ~ I minimum li~ ~ffer alo~ the ngflh and ~ lines of 75 · ~ a~ss. ~i~ a~ ~ter m~naaem{nt fadl~ies may ~ all~ ~hfn the 75 f~ buffer ama alo~ the ~ ~v line a~ ~an~e~ fa~l~i~ ~hin lhe 75' ~ffer ama al~ the no~h ~ line n~ of the~ u~s Shaft ~ to~t~ ~o~r than 30 refit to the ~ or Ho a~o~le ~i~, hom~le~ she~e~ or ~oup k~ens shall ~ ~: · ~ es~em 2.59 e~s. mo~ 9r ~. of T~ 28 shall ~se~ as ~ no a~elo~ent ma~ ~ur ~hi~ this ~ix 9 c,f the Su~ ~me~ ~ a d~ail~ map of the A~N~y Center ~e~ the e~i~ GO.eh Gate Ama Ma~ Plan to ~ ~io~l u~s in ex~ of 5 a~s. ~e ~ te~ ~a~e b to the Co~ional U~ Se~n. ~e 28. Se~i~ C, se~ ~r~m~, ~m~ c of the La~ Use ~t~n Dec,ion SeXton as foll~: In ~ion, ~i~al u~s may ~ gmnl~ tn tm~al amis. ~e ~ of lhts ~on ~ lo all~ ~ffional u~s in ama3 ~ to ~s~e~lal u~s ~nerally ~n ~m~e~ial a~ ~ttal amis. ~e f~l~ ~e~a ~a~ a~y Tran~ional C~i~al U~ ~ue~s: SHe ~all ~ dimply ~j~ to ~emial u~ (z~ ~ d~elo~); ~ENOA ITEM Site shall 1:~ no doser than '~ mad mile fmc Nei, g h~ Ce~er;, $~e st~all ~ 2.5 ~ or m~ ~ ~e a~ s the int~-'~- -~'~- ~ -' / ~.~3 / 1 5 6 7 9 10 11 12 13 14 15 17 18 20 23 25 27 29 30 31 32 33 34 35 37 38 39 40 41 42 43 44 45 4G 47 48 49 50 51 52 53 54 55 57 58 59 60 63 65 67 I~e~.;,e~ Conditiona! uses shall be located on the ellowab~e acreage directly adjacent to the non.resk:lenlial u~e; Site shall not be adjacent to a church or other place of womhip, school. social or fraternal on~enizatlon, child cam center, coflvalesce~ home. hosPice, mst home, home for the aged. adull foster home. children's home, rehabilitation center, and Proiect shall p~ovide adequate l~ffertng from re$,3ential ames. APR 1 4. 1998 1 EXHIBIT 'B' 3 4 GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP 5 AG ENC).~ITEM ~o. _/,~.'~ / APR 1 4~ 1998 ? ~EMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: February 24, 1998 RE: PETITION NO. CP-97-02, GROVVTH MANAGEMENT PLAN AMENDMENT Jim Colosimo, Trustee, Requesting to Create the Pine Ridge Read Mixed Use District within the Golden Gate Area Master Plan, To Increase the Maximum Acreage for Conditional Uses if Located Adjacent to or Within the Pine Ridge Mixed Use District and to Amend the Golden Gate Area Master Plan Future Land Use Map to Indicate the Location of Said District. AGENT/AF PLICANT: Agent: Bruce Anderson Young, VanAssenderp Varnadoe 801 Laurel Oak Dr., Ste.300 Naples, Florida 34109 Robert Duane Hole, Montes & Associates 715 Tenth Street S. Naples, Florida 34102 Owner: Jim Colosimo, Trustee Jim Colosimo, Inc. 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property, containing 12.75 acres more or less, is located on the north side of Pine Ridge Road immediately adjacent to and west of Naples Gateway PUD. The parcel lies within the Urban Estates Planning Community adjacent to Pine Ridge Road Interstate Activity Center and within the Golden Gate Area Master Plan. pREVIOUS ACTION: The CCPC held the Transmittal Hearing on this petition on October 2, 1997 and recommended forwarding to the Board of County Commissioners for approval. The BCC held their transmittal hearing on November 25, 1997 and recommended forwarding Petition CP-97-02 for transmittal as recommended by the CCPC. BACKGROUND INFORMATION: See Attached Original Staff Report dated June 13, 1997, background report and original recommendations made for transmittal hearing to the Department of Community Affair's. The following is the amended text that was transmitted to Depadment of Community Affairs by the BCC on November 25, 1997: CP-97-02 Staff Report IAGENDA ITEM NO, 12 Al Apfll 14, 1998 Pg._ 9 1) Amend lhe existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District" allowing no more than 5 acres of C-1/'T office uses on the eastern portion of the property. The proposed text change is to the Interstate Activity Center, page 21. Section B.1 .B.4 as follows: "On the fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within Ihe Inlerstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countyv,,ide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLtJE and not this Master Plan. ~djacent tQ this Acti¥it~ Center on Ihe we. t~_~ide of 1-75a~ on the north sid~of Pine Ridge Road is a property comprising !.:2.79 acres !ocateQj~.~e west of the Na~les Gateway PUD. which is designated as the Pine Ridge Road Mixed Use District and consiBts of Tracts 12.13. and 28 of G..91den Gate Estates. Unit 3,5.,_as recorded in P.B. 7. Page 85. Within this district no mgre Ihan 35.¢_0_0~t gf 9ffice related u~;~,S as set forth in the C-IFF fThe ,~¢%,.mercial _Pr_.o~.~,~,,~_O~a! Transitional Use Districtl are permitted within the 2.~rtion of this org. perty. The oroo~dy in iL ~ntirety i,S..~!SO pC..Emitte~ to be developed with Con¢itien~LLZses of the E t.~_C..LC,_,S_~.~¢istrict. Such p_ermitted uses shall be ~ne~uraged to be submitted as a P_J¢I nned Unit Development Zgning District for the sub_ect property in its entirety, with special attention to be provided for shared access. .,,.,;~?.r management, uniform landscaping, signage, screening and buffering, and other 2..¢.z:inent develo2ment standards t9 ensure compatibility with nearby residential areas. ~¢nq subject to the following additional criteria; There shall be no access 9nt9 !,ivingston Woods Lane: There shall be a minimum landscaped buffer along the nodh and west property lines of 75 feet; Driveway access, parking and water management may be allowed within the 75' buffer area aloha the west Broperty line and water management within the 75' ~zv, ffer area along the nodh prQpedy line but none of these uses shall be located q.19ser than 30' to the west or north property line: and NQ aulomobiie p~rking, homeless shelters or soup kitchens shall be permitted. 2) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section B.1 .C.3, second paragraph sub-paragraph c as follows: "Site shall be 2.5 acres or more in size and shall not exceed 5 acres, unless the subject properly is adjacent to an !nterstaLe,,_z",_,C. tivity Center or the Pine Ridge Road Mixed Us~ District with no intervening public ~t..~ets. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS. RECOMMENDATIONS AND COMMENTS fORC) AND STAFF RESPONSES; The ORC Report was received from the Department of Community Affairs on February 12, 1998 with the following objections and recommendations: Objections: 1. The County proposes to create a new land use designation (Pine Ridge Road Mixed Use District) for its comprehensive plan, and also to apply this designation to a 12.7 acre site thereby 10 CP-97-02 Staff Report IAGENDA ITEM NO, 12 A1 April 14, 1998 Pg._ 10 converting this site from residential to mixed commercial uses; but does not propose to amend its Future Land Use Map to show the location and extent of the land use designation. [Section 163.3177(6)(a). F.S. and Rule 9J-5.006(4)(a)., F.A.C.] Re..,1po n se: An amended Golden Gate Future Land Use Map is provided for in the application for the Pine Ridge Road Mixed Use District. (See attached Future Land Use Map,) CP-97-02 Staff Report 11 IAGENDA ITEM NO. 12 A1 April 14, 1998 Pg._ 11 FL;TURF.. L^ND USE. MAP LEGEND GOLDEN GATE AREA FUTURE LAND USE MAP COLLI£R COUNTY. FLORIDA PROPOSED AMENDI,{~ APRIL CP-97-02 Staff Report 12 AGENDA ITEM iNO. 12 A1 ApHI 14, 1998 Pg. _ 12 The proposed map and text amendment as characterized by DCA as converting the site from residential to mixed commercial uses does not accurately describe the proposed request. Currently, the Golden Gate Master Plan permits up to ~ive acres of Conditional Uses on the subject property and single family uses on 2 ¼ acres, Such Conditional Uses include in the Estates District, churches, social and fraternal acres, child care centers, and schools, and group care facilities. The proposed amendment permits up to five acres of office (non-retail uses) with the balance of the subject property eligible for Conditional Uses inctuding the Estates zoned lot occupied by a single family., house, located at the intersection of Livingston Road and Pine Ridge Road. The mix of uses proposed is, therefore, not predominately commercial but rather a mix of non-reta;I and Conditional Uses, which are transitional in character and are appropriate uses adjacent to Interstate Commercial uses in the vicinity of the future intersection of Livingston and Pine Ridge Road. Thi'.; intersection is proposed to be upgraded with the improvement of Livingston Road in 2002 to an arterial roadway. Pine Ridge Road also will be upgraded from 4 to 6 lanes, on or about 2000, and will ultimately carry more than 60,000 vehicles per day. 2. The County does not, for the proposed new land use designation, specify the types of land uses allowed; the percentage distribution allowed among the mix of uses; nor the density or intensity allowed for each use. [Section 163.3177(6)(a), F.S. and Rule 9J-5.006(3)(c)1.,5.,7., and (4)(c), F.A.C.] Res.Dense: The amendment provides for uses permitted in the (C-IFF Commercial Professional Transitional District) on the eastern portion of the property, and Conditional Uses, including Adult Congregate Living Facilities on the property in its entirety. The C-1FF Commercial District and the underlying Estates Zoning District identifies both permitted uses by right including Conditional Uses. The treatment of permitted uses in the proposed plan amendment, therefore, is similar to other provisions of the Collier County Future Land Use Element that defers to the Zoning District regulations for implementation of permilted uses. The intensity of commercial non-retail uses is limited to a maximum of 35,000 S.F.; therefore, an intensity of use is provided for in the Applicatio,3, contrary to the objection expressed by DCA. The balance of the property that is permitted Io develop v Ith Conditional Uses generally has no measures of development intensity in the Collier County Land Development Code, i.e., churches, social and fraternal organization and schools. However, Adult Congregate Living Facilities do have a measure of development intensity, which, although not limited by the Future Land Use Element, are regulated by the Collier County Land Development Code, which permits a floor area ratio of up to .45. In addition, the amendment provides for uniform landscaping, signage, shared access, screening and buffering and other pertinent development standards to insure compatib~ity with nearby residential uses, including a minimum landscape buffer of 75 feet along the north and west property line which further serves to limit the intensity of use. CP-97-02 Staff Report 13 IAGENDA ITEM NO. 12 April 14, 1998 Pg. _ 13 There is no objection to identifying permitted uses allowed by the C-1/T District or Conditional Uses permitted in the Estates Zoning District in the proposed plan amendment. Furthermore, there is no objection to limiting Adult Congregate Living Facilities to a floor area ratio of .45 for the subject property as provided for in the Collier County Land Development Code. 3. The County defers to the local zoning code for identification of land uses approved for the Pine Ridge Road Mixed use District designation; such deference renders the proposed amendment self-amending. [Rule 9J-5.005(6), F.A.C, and Rule 9J-5.006(3)(c)1., F.A.C.] Respons~ With the addition of permitted uses, as noted above in the proposed plan amendment, this concern can be addressed. 4. The proposed amendment does not provide for the protection of wetlands. [Rule 9J- 5.006(3)(b)4. And Rule 9J-5.013(3)(a) & (b), F.A.C,] Response~ The application3 provided for the preservation of wetlands that is shared with the adjoining property to the east, and comprising _2,59 acres. (See attached Pine Ridge Road Mixed Use Conceptual Plan.) To further clarify that wetlands are proposed to be preserved as part of the amendment request, there is no objection to including in the text, a reference to the :t:2.59 acres of wetlands to be preserved, as part of the Pine Ridge Road Mixed Use District. 5. The proposed amendment allows for the conversion of residential land use to commercial land use in excess of demonstrated need and, further, promotes a strip pattern of commercial development from an area of high intensity, mixed use development (interstate Activity Center). The amendment therefore does not serve to discourage urban sprawl conditions. [Rule 9J- 5.006(g)3. and 4., F.A.C.] Response: As noted, the request is not solely to convert residential to commercial uses, but rather to permit Conditional and Residential Uses to be converted to limited office uses on five acres or less or for the property to be developed solely with Conditional Uses. In addition, this area of the Golden Gate Area Master Plan is surrounded by the Urban Designation of the Future Land Use Element. (See enclosed Future Land Use Map). Properties to the east of 1-75 and properties to the south have been developed within the Interchange Activity Center Designation The 1-75 Pine Ridge Road Activity Center, which abuts the subject properS,, includes no projected demand for Interstate Commercial Uses in the Future Land Use Element. Furthermore, the Future Land Use Element of the Golden Gate Master Plan and the Countywide Growth Management Plan has not fully taken into consideration the demand for office o~ medical uses that may be created by the development of the Cleveland Clinic, located in the northeast quadrant of 1- 75 and Pine Ridge Road. This facility is attracting additional office and medically related uses in the vicinity of the subject property. Therefore, it is not correct that there is no demonstrated need for the proposed office zoning at this location. CP-97-02 Staff Report 14 IAGENDA ITEM NO. 12 A1 April 14, 1998 Pg. - 14 It is also important to note that the Collier County Planning Staff found that the subject property and the single family house located at the future intersection of Livingston and Pine Ridge Road is unsuitable for residential use. This is based on existing land use and zoning patterns and heavy traffic volumes on Pine Ridge Road, which are currently in excess of 40,000 vehicles per day and will increase to more than 60,000 vehicles per day under a six lane road condition schedule for improvemen[ o~, or about the year 2000. Traffic volumes are also an[icipated to increase at this location with the upgrading of Livingston Road to an arterial road, as noted, which will further erode the suitabi:ity of the subject property for residential uses. CP-97-02 Staff Report 15 IAGENDA ITEM NO. 12 Al April 14~ 1998 Pg._ 15 CP-97-02 Staff Report 16 IAGENDA ITEM NO. 12 A1 April 14, 1998 Pg._ 16 The plan amendment, as noted, does provide for up to five acres of office - non-retail use on +15 acres, including other Conditional Uses. The location of office uses, along the eastern portion of the subject property adjacent to the 1-75 Pine Ridge Road Interstate Activity Center, does not extend commercial uses along the entire length of the subject property, but rather, confines them adjacent to retail uses, located immediately adjacent to the subject property to the east in Naples Gateway. ~'See attached zoning map.) The proposed Iow intensity office use will act as a transitional use between areas of higher intensity in Naples Galeway and areas of lower intensity represented by Conditional Uses. This is a generally accepted planning practice, and one atlowed by the Coilier County Future Land Use Element in virtually all locations throughout the Urban Area, the exception being the Golden Gate Master Plan Area, which is the reason for the proposed plan amendmer~t, along with changed conditions in the immediate area. We disagree, therefore, that the amendment constitutes strip commercial development, which is generally characterized by retail uses not limited Iow intensity office uses, on only a portion of the subject properly. Again, if the subject properly is not suitable for residential use, some limited types of non-residential uses are appropriate as "lnfili" uses, as evidenced by the limited application of the C-1/T Transitional Use District for a portion of the subject property. Furthermore, we disagree that the proposed plan amendment necessarily constitutes urban sprawl, when it is more appropriately characterized as "lnfill". DCA's rule 9J-5.006(s)(9) contains 13 "primary indicators" of urban sprawl, most of which are clearly not represented by the proposed plan amendment, which promotes transitional "lnfill" uses of the subject property and thereby maximizing the use of existing public facilities. As a case in point, sprawl indicator #10 "discourages or inhibits lnfill development or the redevelopment of existing neighborhoods or communities". The Department's position on the proposed plan amendment would seem to inhibit Infill development of the subject property, which is the antithesis of urban sprawl. Fudhermore, as noted, the proposed amendment does not encourage radial, strip, isolated or ribbon patterns of development (indicator fi3) with the proposed mix of uses limitations on development intensity, and other development standards. STAFF RECOMMENDATION; Staff recommends adding additional language listing the types of conditional uses with a floor area ratio of 0.45 and adding additional language in the criteria regarding preservation of the wetlands area. Staff recommends that the CCPC forward Petition CP-97-02 to the Board of County Commissioners with a recommendation of approval with the following amended language: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a "Pine Ridge Road Mixed Use District" allowing no more than 5 acres of C-1FF office uses on the eastern portion of the property. The proposed text change is to the interstate Activity Center, page 21, Section B.1 .B.4 as follows: "On the fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not this Master Plan. Ad!acent to this Activity ..C_~nter on the west side of 1-75 and on the north side of Pine Ridge Road is a _oroeerty comorising 12.79 acres located to the west of the Naples Gateway P_t~b.jA designated as the Pine Ridge Road Mixed Use District and consists of Tracts 12.13. and 6P-97-02 Staff Report 17 IAGENDA ITEM NO. 12 A1 ~:~pri114, 1998 Pg._ 17 28 of G~den Ga!e,__Estates. Unit 35. as recorded in P.B, 7. Page 85. Within this district no more than 35.000_,%~are feet of office related uses on 5 acres a~¢ot.-fodh imthc C !,rT, {:r-~.~,~)mmerci3! Prcfcssione, l Tr~r,i.~.eca. k~r;~Dis!rict} are permitted within tho eastern portion of tb. Ls ~ropedy, The orooerty in its enlirety_ is also oermitted to be developed with ~he followin~ Conditiona.Lt,22e,..~; of t_b.e EstaLes Zoning District with_a, maxlmvm flog_[ ~rz_.e~ retie (FAR) of 0.45; C~..Le,.~.9.W I and 11 Group Care Facilities; ~are units: n~rsincj J~.~.s_~istE¢ livin~ fa¢ilities.p, ursuant to 400,40_Z F.S. and ch, 58_~A-5 F.A.C.: .c. onti,npin.9_q.a re r¢ir_e.D:tcnt communitie.~.j~Z['~dJant to ~.51 F.$,._and ch 4o183 F.A.C,: .s._,':hqQls:_c_hurche_~j_~cial and fr.~terrtc_J_~r~La_Ei~zations: andchild and adult day care ~_acilities. Such oermitted uses s_hall be.encouraged to be submitted as a Planne(;l Unit .Deveiooment Z-o¢~~ for [.h~,~v_~ct property in its entireW, with special attention to be orovided for shared access, water management, uniform larldscaPing, s[gnage. &creening and buffering, and other ~ertinent ¢.evelopment standards to ensure .compatibility with nearby residential areas, and subject to the following additional criteria: There shall be no access onto Livingston Woods Lane: There shall be a minimum landscaped buffer along the north and west property lin__¢_~ of 75 feet: Driveway access, parking and water management may be allowed within the 75' buffer area along the west orooerty line and water management within the 75' buffer area along the oodh [~roperty tine but none of these uses shall be Igcated closer than 30' to !he west or north orooerty line; and ........ No automobile parkinq, homeless shelters or souo kitchens shall be permitted: ~nd. The eastern 2.59 acres, more or less. of Tract 28 shall be preserved a~ w t~land_s end no dev~t0~._ment ma,v occur within 2) 3) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section C, second paragraph sub-paragraph c as follows: "Site shall be 2.5 acres or more in size and shall not exceed 5 acres, unless the sub!ect orooerty is adjacent to an Interstate Activity Center or the Pine Ridge Road Mi~ed Use District with no intervening public streets. Amend the Future Land Use Map of the Golden Gate Area Master Plan to provide for the designation of the Pine Rid.9~ Road Mixed Use District, Double Underlines and bold are additions to the transmitted language; words struck ....*h ..... ~=.h, are changes to the transmitted language, CP-97-02 Staff Report 18 April 14, 1998 ~'g._ 18 PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Mary Lee"~ayne ' _ J Barbara A. Cacchione, AICP Chief of Comprehensive Planning Vincent A. Cautero, Administrator Community Development & Environmental Services DATE: DATE: DATE: DATE: 2/~5,'98 PETITION NO.: CP-97-02 Staff Report for March 19, 1998 CCPC Meeting. NOTE: This petition has been advertised for the April 14, 1998 , BCC Meeting. COLLIER COUNTY PLANNING ~QJ~SSION: MICHAEL A. DAVIS, Ch CP-97-02 Staff Report AGENDA I~'EM APR 1 1998 TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DP, qStON, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: JUNE 13, 1997 RE: PETITION NO. CP-97-02, GROWTH MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT: Agent: Bruce Anderson Young, VanAssenderp Varnadoe 801 Laurel Oak Dr., Ste.300 Naples, Florida 34109 Robed Duane Hole, Montes & Associates 715 Tenth Street S. Naples, Florida 34102 Owner; Jim Colosimo, Trustee Jim Colosimo, Inc. 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property, containing 12.75 acres more or less, is located on the north side of Pine Ridge Road immediately adjacent to and west of Naples Gateway PUD. The parcel lies within the Urban Estates Planning Community adjacent to Pine Ridge Road Inlerstate Activity Center and within the Golden Gate Area Master Plan. REQUESTED ACTION: This petition seeks to: 1) Amend the existing Golden Gate Area Masler Plan to allow the creation of a 'Pine Ridge Road Mixed Use District" allowing no more than 5 acres of C-1/T uses on the eastern portion of the property. The proposed text change is to the ¢/.4 Interstalo Activity Center, page 21, Section B.I.B.4 as follows: "On the fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not this Master Plan. Ad!acent to thts Activity_ Center on the west side of 1-75 and on the north side of Pine Ridge Road is e pro_oerty_ comprising 12.79 acres located to the west of the Na~. les Gateway designated as the Pine Ridge Road Mixed Use District and cor~sists of Tracts 17~ 13. ~d 28 of Golden Gate Estates. Unit 35. as recorded in P.B. 7. Pa_oe 85. Within thls district no more than 5 acres of office related uses as set forth In the.....C-1/T' gl'he Commercial Professional Transitional Use District~ are oermitted within the eastern Dor'don of thin CP-97-02 Staff Report 20 lgAGENDA ITEM NO. 12 A1 April 14, 1998 ._ 20 p. roperty. The oropedy in its entirety is also permitted to be developed with Conditional ~ult Living Faci',ities~ ,,~ses may only be _~ermitted. jQ ~nce with a Planned Unit Develooment Zoning District for the subiect oroDerty in its entirety, with special attention to be _urovided for shared access, water managemenL uniform landscaping, signage, screenin0 and buffering, and other pertinent develo_omertJ Bisn. dards to insure compatibility with nearby resid_ential areas. 2) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section B.1 .C.3, second paragr'aph sub-paragraph c as follows: "Site shall be 2.5 acres or more in size and shall not exceed 5 acres, however, tracts 12. '1~ and 28 of Golden Gate Estates. Unit 35, as recorded in P.B. 7. Paoe 85 and comprising about 13 acres more or less may d.e,..v. ALoo with the full range of Conditional Uses includino Adult Living Facilities. in accordance with the re(~uirements of the Pine Ridge Road Mixed Use District orovided in Section 4. Interstate Activity_ Center cf this plan. and further deoicted on the Golden Gate Master Plan Mac. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the land use designation of the site so as to allow Professional/Commercial Transitional office uses on the eastern portion of the subject property and/or conditional uses on the property in its entirety. Presently, the above parcels are designated Residential Estates and wile only allow single family homes. Conditional uses are allowed on Tract 28 only. SURROUNDING LAND U:SE. ZONING AND FUTURE LAND USE DESIGNATION: Existino Conditions: The site is zoned E-Estates and is presently vacant. The entire 12.75 acres is designated Estates Mixed-Use District/Residential Estates Sub- district. Surrounding Land Use: North and West: Single family dwelling units zoned E-Estates; designated Estates Mixed- Use District/Residential Estates Subdistrict. East: Undeveloped Naples Gateway PUD which allows a range of Interstate commercial uses, such as: hotels/motels, full service/fast food restaurants, business/professional offices, banks and convenience stores; designated Interstate Activity Center. South: Agriculture with a conditional use for a golf driving range; designated Urban Residential. To the southeast, is Pine Ridge Center and Pine Ridge Center West PUD's which both allow automobile and truck fuel dispensing facilities, business/professional offices, convenience commercial, hotels/motels, restaurants, and automobile rental; designated Interstate Activity Center. CP-97-02 Staff Report 21 IAGENDA ITEM NO. 12 A1 April 14, 1998 Pg. - 21 _STAFF ANALYSi~ Environmental ImDac.t~ The subject property has a wetland area along the eastern edge of the property comprising about 2.5 acres, that is shared with an adjacent wetland area in Naples Gateway PUD. The petitioner's plan for the subject wetland and adjacent I',~aples Gateway wetland is to preserve the weUand area, which is of a relatively good quality. The Natural Resources Department has reviewed the proposed plan and finds no consistency issues regarding the proposed amendment to the Golden Gate Master Plan. Traffic Ca[~acitv/'i'raffic Circulatio_Q/~nalysis: Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following determination: The ITE Trip Generation Manual indicates that the proposed amendment will generate approximately 1,179 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume} on Pine Ridge Road after trip assignments are made. In addition, this project will not lower the level of service below any adopted LOS "D" or "E" standards within the project's radius of development influence (RDI). Under the existing Land Use Designation of Residential Estates Subdistrict, four (4) single family homes would be allowed which would generate approximately 40 trips per day compared to the 1,179 trips per day generated by the petitioner's proposal. The Traffic Circulation Element (TCE) lists this segment of Pine Ridge Road from CR-31 to 1-75 as a 4 lane arterial road fronting the project. The current traffic count for this road is 38,244 ADT which results in LOS "C" operation. It should be noted that this segment is projected to be deficient by 1999 or 2000. However, the planned improvement to a 6 lane road is scheduled to stad construction by 2000 and should be completed by 2001. As a result, the proposed amendment is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE which relate to Level of Service standards and roadway LOS. Staff has also reviewed the conceptual plan from a planning and traffic safety standpoint and finds the following: Due to the clear sight distance of the proposed ingress/egress points, the access off Pine Ridge Road should operate adequately subject to any required engineering modifications. In addition, the subject site is to be developed as one un;iqed PUD. This will result in the sharing of access points between the various users of the project. Furthermore, the on-site traffic circulation shall be designed in a manner that reduces possible vehicular and pedestrian conflicts and shall be consistent with Policy 7.3 of the of the existing or proposed TCE. Also, the final traffic circulation will be reviewed at the time of site development plan and/or preliminary subdivision plat review (whichever is required) and shall be required to comply with the Collier County Access Management Plan. CP-97-02 Staff Report 22 AGENDA ITEM NO. 12 A1 April 14, 1998 P~. _ 22 Commercial Demand Analvsis/ADorooriateness of Change: The petitioner is justi~ing the proposed C.1/T District based on the Future Land Use Element (FLUE) provision of Commercial Under Criteria adjacent to Activity Centers to provide for transitional uses between higher intensity commercial uses and lower intensity residential uses. The petitioner has shown no justif'~cation for additional commercial or office uses In this area except for the statement that the subject property is not well suited for residential uses. In addition, the petitioner is proposing a maximum of 50,000 square feet of office uses. The existing C-1/T district limits the amount of developed square footage to 25,000 square feet. The Evaluation and Appraisal Report, as well as the proposed update Appendix 2 of the Support Document, for the Golden Gate Area Master Plan indicates no additional commercial lands ere needed. Study Area 1, where this property is located, shows existing commercial zoning of 202.78 acres with a need for 154 acres by the year 2000. However, this area does include the City of Golden Gate which has the majority of developed commercial acreage; and the Pine Ridge Interchange Activity Center which has approximately 37 developed acres at the Sutherland PUD and Vineyards PUD. The petilioner is justifying the proposed conditional use amendment as a transitional use between commercial zoning and single family uses and that conditional uses can be found to be compatible with residential uses and are appropriate at this location. The Golden Gate Area Master Plan provides for conditional uses in transitional areas adjacent to non-residential uses, subject to certain criteria. In both proposals, the petitioner indicates that single family uses are not appropriate due to the fact that no other single family homes, except for the existing home at Livingston Road and Pine Ridge Road, have been built in this area. FINDINGS AND CONCLUSIONS: · There is no additional need for commercial development within this area of the Golden Gate Master Plan nor are these tracts suitable for residential uses; however, transitional commercial uses, such as offices, would provide a buffer between the existing Interchange Activity Center and the single family to the west. · There is justification for transitional conditional uses between the Naples Gateway PUD and the single family home to the west subject to the proposed uses being compatible with the surrounding area. STAFF RECOMMENDATION: That the CCPC forward Petition CP-97-02 to the BCC with a recommendation to transmit this petition to the Florida Department of Community Affairs and Southwest Florida Regional Planning Council with the following changes: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District" allowing no more than 5 acres of C-1/T uses on the eastern podion of the properly. The proposed text change is to the fl4 Interstate Activity Center, page 21, Section B.1 .B.4 as follows: "On lhe fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, ns detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not this Master Plan. Ad!~lcent to this Activi~ CP-97-02 Staff Report 23 I AGENDA ITEM NO. 12 Al April 14, 1998 P(~. _ 23 Center on the west sid..e,~f 1-75 and on the north side of Pine Ridge comorising 12.79 acres located to the_west of the Naples Gateway PUD. which is designated as the Pine Ridge Road Mixed Use District and con,.~,~~ 28 of Golden Gate Estates. Unit 35. as recorded in P.B. 7. Page 85. Within this district more than 5 acres of office related uses es set forth in the C-!fT fThe Commercial PrPessional Transitional Use District! arepermitted within the eastern Dortion of this pro0erty. The Drog. C,..rty in its entirety is also permitted to be develooed with CondiEg. JZ~ Uses of the E_states Zoning_District. ' ' _ -- _ "' . Such ~c~. ,!y-~e4~ecmk4e41 in cc~f~4~,a.c~e shall be encoura_Qe.~LtpJ2.C_~.bn'litled wi~ Planned U~t Development Zoning District for the sub!act oroperty in its entirety., with special attention to be orovided for shared access, water management, unffoJ'm ~i0g, signage, screening and buffering, and other pertirte~_t development ¢,andards to insur~ ensure compatibility with nearby residential areas, and s~ubject to following additional crite, zj~ There shall be no access onto, Livingston Woods Lane: There shall be a minimum landscaped buffer along the north and west..oropert~. Driveway access, parking and water management may be allowed within the 75' buffer area along the west property line but it shall be located no closer than 30' 1o the west ,o..mperty line: Maximum floor area of 35.000 s(]uare feet: and N9 pulomobi!e parking garages, homeless shelters or soup kitchens shall be permitted. 2) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section B.1 .C.3, second paragraph sub-paragraph c as follows: "Site shall be 2.5 acres or more in size and shall not exceed 5 acres, unless the subject property is ad,iacent to an Interstate Activity Center or the Pine Rid,~e Road Mixed Use District with r~o intervening public streets, l=m, wevcr, ~r~cts 12. !3 Double Underlines are additions lo the petitioner's proposed language; words through are changes to the petitio'~er's proposed language. PREPARED BY: DATE: REVIEWED BY: 0P-97-02 Staff Report Mary Lee Layne Planner II DATE: Barbara A. Cacchione, AICP Chief of Comprehensive Planning 24 AGENDA ITEM NO. 12 A1 April 14, 1998 P~. _ 24 REVIEWED BY: DATE: APPROVED BY: D. Wayne Arnold, AICP Planning Services Director Vincent A. Cautero, Administrator Community Development & Environmental Services DATE: PETITION NO.: CP-97-02 Staff Report for D..c,L(~~ CCPC Meeting. NOTE: This petition has been advertised for the _November 25. 1997 COLLIER COUNTY PLANNING COMMISSION: , BCC Meeting. MICHAEL A. DAVIS, CHAIRMAN CP-97-02 Staff Report 25 IAGENDA ITEM ~0. 12 A1 ~of'i114, 1098 Pu. _ 25 EXECUTIVE SUMMARY PETITION NO. PUD-92-5(2), MARK W. MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REP~~G COMMUNITY DEVELOPMENT CORPORATION OF STERLING OAKS, REQUESTING AN AMENDMENT TO 'rife STERLI2qG OAKS PUD, ORDINANCE NO. 92-79, AS AMENDED, FOR THE PURPOSE OF CLARIFYING DEVELOPMENT STANDARDS ESTABLISHING SETBACKS, AND SPACE BETWEEN BUILDINGS FOR PROPERTY LOCATED WITHIN THE STERLING OAKS PUD WHICH IS LOCATED SOUTH OF THE LEE COUNTY LINE BETWEEN U.S. 41 AND OLD 41, IN SECTIONS 9 & I0, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 247.89 ACRES. This petition seeks to amend the Sterling Oaks PUD, Ordinance Number 92-79 for the purpose of mending and clarifying building setbacks and space between buildings. CONSIDERATIONS: Sterling Oaks is located between the N. Tamiami Trail (U.S. 41 N) and Old U.S. 41 approximately one mile north ofxvhere the two roads come together. The amendments to the Table of Development Standards are intended to clarify setbacks and spacing relationships between buildings. Specifically, the current regulations relative to setbacks for single family detached homes on comer lots are confusing in the sense that the setback is established at ten (10) feet, however, a footnote requires twenty (20) feet for the setback containing the driveways without specifically identifying that the setback on the non-driveway side may be ten (10) feet. Sideyards for zero lot line single family detached housing is established at 0 feet without adequately establishing a relationship between zero lot line housing. Additionally, an amendment to the Table cf Development Standards would allow screened-in enclosures to achieve a five (5) foot and zero (0) feet relationship for single family regular lots and zero lot line lots for comer lots in certain remaining undeveloped tracts. Revisions to the Table 1 Development Standards do not bring about reductions to setbacks or spacing between buildings, and therefore does not impact existing development in Sterling Oaks. Administratively, Planning Services has interpreted the application of setback dimensions as proposed by the modifications. These changes serve to eliminate the need to administratively deal with building permit ~pplications on a continuous bases because of the lack of clarity with the existing regulation. The Collier County Planning Commission reviewed this petition on Mare unanimously recommended approval to the Board of County Commissioner amending Ordinance contained within th.is executive summary submission. APR 1 ~t 1998 No communications were received in opposition to this petition nor were any presentations made to the CCPC in opposition to the approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In thc event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds fi.om other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-92-5(2) having the effect of amending the Sterling Oaks PUD be approved as de~n'ibed by the draft amending Ordinance. 2 APR 1 4 1998 .RO~ F. NINO, AI~:l~ ACTING CURR~NT PLANNING SL4~AGER ~ZVI~WED BY: ~AICP ,~~~_~R~~T~ DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. lR.TD-92-$(2) EX SUMMARY/md DATE DATE DATE 3 APR 1 ~. 1998 AGENDA ITEM 7-H 4ORAMDUM TO: NG COMMISSION FROM: COMMUI'TiTY DEVELOPMENT SERVICES DMSION DATE: JANUAKY 30, 1998 PETITION NO: PUD-92-5(2), AMENDMENT TO STEPJ.,ING OAKS PUD OWNER/AGENT: Agent: Mr. Mark W. Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 via Del Rey Bonita Springs, Florida 34134 Owl'ler: Community Development Corp of Sterling Oaks 16990 North Tamiami Trail Naples, Florida 34110 (Smart O. Kaye, President) REOUESTED ACTION: This petition seeks to amend the Sterling Oaks PUD, Ordinance Number 92-79 for the purpose of amending and clarifying building setbacks and space between buildings. GEOGRAPHIC LOCATION: Sterling Oaks is located between the N. Tamiami Trail (U.S. 41 lq) and Old U.S. 41 approximately one mile north of where the two roads come together (see location map following page). PURPOSE/DESCRIPTION OF AMENDMENT: without specifically identifying that the setback on the non-driveway side: Sideyards for zero lot line single family detached housing is established at 0 1~ The amendments to the Table of Development Standards are intended to clarify setbacks and spacing relationships between buildings. Specifically, the current regulations relative to setbacks for single family detached homes on comer lots are confusing in the sense that the setback is established at ten (10) feet, however, a footnote requires twenty (20) feet for the setback containing the driveways et wflh~ca~ately APR 1 4 1998 I establishing a relationship between zero lot line housing. The amendment attempts to clarify this omission. SURROI~D!NG LAND USE .auND ZONING: This amendment has no effect on existing and surrounding land uses. It does not change the rules for existing land uses but rather clarifies what existing setbacks and relationships mean consistent with the way they have been administratively resolved and therefore has no impact upon existing or $urmtmding land uses. Sterling Oaks is a mixed use residential PUD. GROWTH MAN_A_Cs_EMENT PLAN CQN~ISTENCY: The type of amendment reflected by this petition has no effect on provisions of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR EN'~qRONMENTAL, TRANSPORTATION &ND [NI:'R--~TRUCTURE: Changes to PUD development standards are reviewed by Current Planning ma't', ina.~nuch as they have no relationship to infrastructure and natural features. Current Planning staff is of the opinion that certain minimum relationships relative to spacing between structures ought to exi~ particularly for principal structures. These are typically uniformly applied in all PUDs particularly in tem~ of minimum relationships. R~visions to the Table 1 Development Standards do not bring about reductions to setbacks or spacing betw~-n buildings, and therefore does not in:pact existing development in Sterling Oaks. Administratively, Planning Services has interpreted the application of setback dimensions as proposed by the modifications. These changes serve to eliminate the need to administratively deal with building permit applications on a continuous bases because of the lack of clarity with the existing regulation. Sterling Oaks development this condition is made all the more difficult becaus in fact Z shaped, and the intent was to construct principal buildings which in 2 Staff is of the opinion that the original Table of Development Standards mistakenly failed in its provision ofsideyard requirements for zero lot single family detached development by providing that the ~ideyards be zero (0) feet. Typically, PUD's have provided a standard of zero (0) feet or five (5) feet with a foomote that when a zero lot line construction is chosen then the opposite side needs to be ten (10) feet, and further that there always remain ten (I0) feet between pdnc~ ~al structures. In the ['act r~/~(~~ zero APR 1 4 1998 ___~.__.___~._. ______.._ sides but maintained a ten (10) foot separation fi.om the next principal building, so ~ on t'wo that the following development patterns may occur. Lot O Fcct ~ !0 Feet 5' Each Sida Street The above development patterns are more clearly provided for in the Table 1 revisions. Thc second amendment results from a lack of definition in terms of dealing with thc front yard setback on comer lots. Thc petitioner intended that thc front yard setback containing the driveway would be the only setback of twenty (20) feet and the non-driveway setback frontage would be ten (10) feet. This intent is not clearly expressed, and has therefore caused administrative interpretation each and every time a comer lot is utilized. This confusion results from a requirement that the front yard setback is listed as ten (10) feet, however, a footnote then provides that front yard setbacks need to be twenty (20) feet to accommodate the length of an automobile without specifying that this only applies to the front yard with a driveway. To correct this condition the footnote has been amended to require a twenty (20) foot setback only on the front yard containing access to a garage or parking station. These amendments do not jeopardize existing development because administratively staff has tiers'mined that the amended provisions can be implied from the current regulations. These amendments will eliminate the delays inherent in having to deal with clarifying for permit issuance pexsonnel what the Sterling Oaks PUD allows in terms of setback standards for comer lots and how z~'ro or2 lots should be handled. STAF~ RECOMMI~NDATION: That the Collier County Planning Commission recommend approval of Peril/on PUD-92-5(2) Sterling Oaks for the purposes of amending Table 1 Development Standards relative to clarifying setback requirements and space between buildings as provided in the draft amending r ~ apart ofthis staff report by reference. APR 1 ~ 1~98 P DB · R~)NALD F. N1N0, AICP C'H/EF PLANNER REVIEWED BY: ~OB'~RT J. MULHEKE, AICP ~ PLANNING MANAGER DONALD W. ARNOLD, AICP PLANNING SERVICES DEPAKTMENT DIRECTOR vnqCENT A. CAUTERO, AICP, ADM]NISTRA, TOR COMMUNITY DEV. AND ENVIKONMENTAL SVCS. P,.-tigon Number PUD-92-5(2) StaffRc'port for February 19, 1998 CCPC meeting. COLLIER COUNTY PLA~SSION: MICHAEL A. DAVIS, CHAIRMAN DATE DATE PLID-92-5(2) STAFF REPORT/md APR 1 4 1998 ~ETITION ~'JI~B ~ DATE APPLiCATiON FOR pUBLIC }[EARYNG FOR PUD AMENDS/DO AM~ND~Z~T COMMUNITY DEVELOPMENT D~VISION pLA~ING $]~RV~ CES ~e of Applicant(s) Communit Develo ment Cor oration of Ste--~-~ng Oaks Applicant's Mailing Addrmss ~6990 NQrth Tamiami 7reil City Naples State Florida Zip 34110 Applicant's Telephone Number: Res.: Bus.: (94!) 59~-5686 Is the applicant the owner of the subject property? X ' Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below- (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below- Stuart O. Kayer President space is inadequate, attach on separate page.) Name of Agent Agents Mailing Address Mark W. Minor City Bonita Springs Telephone Number: Ret.: ~-- Firm Q. Grad¥ Minor & Assoc., P.A. 3800_y~a Del Rey State Florida Zip Bus.: 1~4: 34134 94194~375 Q. GRADY MINOR 9G4 P82 DEC 88. '97 10:4F: FUD ORDINANCE NAME AND NUMBER: S.t.erling Oaks Ord. No. 92-79 - 4. DETAILED L~GAL DESCRIPTION OF THE PROPrieTY ~ BY A~PL~CATION (If space iS inad~quate, attach on separate page. If re(~%M~t involves change to more th~n one zani~g district, include se~x~te legal description for pr0~mrty in¥olve~ in each If pr~pex~y is o~d-shap~d, mttbnit five (5) co~iem of ~ey 400' o~le] · ~ APPLICANT IS RZSPONSI~LE FOR SUPPLYING TH~ CO~ECT L~GAL DESCRIPTION. IF QUESTIONS ARISE CONCERNLI~ THE LEGAL.nF~CRIPTION, AN ENGINEER'S CERTIFICATION SHALL B]~ RL~~. SECTION 9 & lQ TOWNSHIP 48 South RANGE 25 East (see attached leqal description)_ ,l~].c~es~ or location of subject pro~er~y 16990 North Tamiami Trail, Naplgs, FL 35110 Does property owner own contiguous property to'~he subject property? If so, give complete legal descript~on of =ontiguous pr6perty. (If space is inadequate, attach on separate page]. No TYPE 6F AMENDMENT: X ~- PUD Document Language Amendment ____B. PUD Master Plan Amandment C.~Development Order Language Amendment DOES AMENDM~iNT cOMPLY WIT){ THE COM~P. FJ~ENSI~"E PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN LAST YEAR? IF SO, IN W~OS£ NAKE? No PETITION ~: DATE: APR 1 ~ 1998 94194 7~ 5"-/5 O. GRADY MINOR 964 P83 DEC I~ '97 10:4Z 10. :HAS ANY PORTION OF THE PUD BE~N Yes SOLD AND/OR Yes DL~V~LOPED? APSE ANY C~NGES PROPO~ FOR ~E ~ SOLD-~D/OR D~P~? Yes. X~No. IF Y~, DES~IBE: (A~ACH ~DITIONAL S~E~TS IF NEC~SS~Y). Community Development We, Corporation of Sterling Oaks being first duly sworn~ depose an~ say that we are the owners of the property described herein and which is the subject :matter of' the proposed hearing; ~at alt the answers to the questions in this application, and all sketches, data, and other supplementary matter atta~hed2to ~ade a part of this application, are honest and true to the best of o~X knowledge and belief. We understand this application must be completed and bccurate before a hearing can be advertised, we further permit the undersigned to act as our representative in any matter= regarding this Petition: SI=N~TURE O~O~ER Stuart 0. /{aye, President ARE ~kNDATORY. SIGNA F O~W~ ~IGNA'£~RE OF 'AGENT $~ate of Florida Mark/ Mino~, P.E. County of Collier ~e foregoing Application va~ ac~owlmd d ~ ~v ~ ~ · · before thi~ ~ --= ~ %~ , 19 9 ~ ~dentificaL~ and who did (~) Signature of y-Publid) OTARY PUBLIC ' Commission My Commission Expires: APR 1 4 1998 permitted Use Detached Zero (Z) Attached MuRI Standards :Sinlle IotKne detached Single Family f~sm[ly~L Family single family Miflim~_m Sit~ Area (in ~t. feet) 600Q 3000 "1 l$00 (8) I acre I acr,e Sim Wklth Min_i_mum Ars. (1) (15) 60' 35' 20' 150' 150' Sit~ D~ M!~!~um Avg. (2) (15) 75' 75' 60' N/A Fro,. va (m xo' C7) to' o) lo' N/^ Side Yard Setback (3) (l$) qS-O' 0' {Y'-x~r?.'5' (9) 0' N/A N/A ,cks N/^ N/^ N/^ 35' <t 0 35' Styrian[ Oaks Perimeter Bou~lary N/A N/A N/A 35' 02) 35ii12) tike ~,~,_¢k (4) 0' 0' 0' 0' Preserve Setbacks (5) 0' 0' 0' 0' Pdar Yard Setback PrLncipal (6) (153 -I-5~= ]~' 12' 12' N/A R~ar Yard Setback Accessory (6) 5' 5' 5' flS~ Max. Buildin~ Et. stories above 2 stories 2 stories 3 stories 50' (13) 4 stor~l~ mean flood level (!') Distance between princip~J -l'j- 10' '- 1/2 sum of heights 1/2 sum of Structures ~ ti0) heights (10) Distance between Princival 3' 3' 3' $~l~ctures L~J Accessory Structur¢~ ^¢cesserv S~u¢~urcs a~d A~fssorv $~uctur¢$ Floor Area M~nlmum scl. fL per 800 800 600 600 N/A dwe!Hng unit .................... ,~.n ~ ,~ ........ ~ ~,,, .wr~in~ 't~e front ~nd rezr ot lengOxs (tanle~t or ate length). 1) average s Y (2)- (3) (5) (9) (10) (Il) (t2} ti3) (15) Sim depth average ~all be determined by alarming the site axca by site width average. ~o~lsrV survey ~ plot ~I~ ~hall ~ rtauir;d a~ ~c fmc of building ~rmit ~bminal. ~emo~nz ~a~ ~ minimum ~cn s~c~es is achieved as ~ fo~ hcr~im Provided i~e is b~ead ~r Collier Coun~ ~d ~velopment Resistor. ~e ~on 4.5A ~ 10. IF herein. Not on ~c or pre~c. ~ clc~ p~ ~11 ~ ~dc~a~ ~ p~k an ~utomobilc. mi~mum 20 feet..~ mcssurc~ ~om ~e back of curb or Mi~m site ~ca re~ircd ~r d~lling unit in ~ event of fee simple convey~e. ~ u~ ~II have ~ minimum required sideyard of: 7.5 feet for o~ s~ buildings. I0 feet for ~ sm~ buildio~s. 15 f~t for sm~ ~i~ings. Mc~rcd ~om walls clo~st ~ adjacent buildings. ~c Might is determined by men, ring ~om fin~hed first fl~r m mean t~ cxcludin$ coupulas ~d othcr decorative roof orn,uncnts. Tract linc setbacks between multi-family and group c~re facility shall be 35 fcct or half the sun less. Alonl tbc not. era perimeter, the setback may be 20 feet. Tracts B. C. D ate limited to three s~ories. Group cate facilities ~e limited ~o Tr~:t 'A'. For corner lots. the fto~ v~rd shah be co~idered ~at which contaira thc driveway. The rcat ~ D, on; var4 and ~ll oth~ ytrds shall be conskL~d si~ vs~s, ; of th~$~a~'~cights APR 1 4 1998 ~rd shall ~ ~hal which I ORDINANCE NO. 98- AN ORDINANCE ~MENDING ORDINANCE NUMBER 92-79, AS AMENDED, THE STERLING OAKS PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO TABLE 1, DEVELOPMENT STANDARDS OF SECTION 4.5 DEVELOPMENT REGULATIONS, AND BY PROVIDING FOR SECTION TWO, EFFECTIVE DATE. WHERSAS, on October 20, 1992, the Board of County Commissioners approved Ordinance Number 92-79, as amended, which established the Sterling Oaks Planned Unit Development (PUD); and WHEREAS, Mark Minor of Q. Grady Minor and Associates, representing Community Development Corporation of Sterling Oakes, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 92-79, as set forth below; NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: A/4ENDMENT TO TABLE I, SECTION 4.5, DEVELOPMENT REGULATIONS Table 1, Development Standards of Section 4.5, Development Regulations of the Sterling Oaks Planned Unit Development (Ordinance 92-.. 79, as amended) is hereby amended to read as follows: I Words_§truck [hrouoh are deleted; woz~a ~ TABLE I DEVELOPMENT STANDARDS Site Wid~ Minimum Avg.(l) ~' 35' 20' 1~' I~' Site Dep~ Minimum AvI. (2) 75' From Y~d ~tback 10' O) 10' (7) 10' (7) NA NA Si~ Y~d ~l~k (3) 7.5' 0'~ 0'or Tr~I Line ~tb~ks NA NA NA 35' {I I) 35' (! I) Sterlin{ O~ Peri~ter ~d~ NA NA NA 3~' (1~) ~' (12) ~tb~k ~c ~lb<k (4) 0' 0' 0' 0' 0' ,,,Prcse~c ~tb<ks {5) 0' 0' 0' 0' 0' Re~ Y~d Sczback Principal (6} 15' 12' 12' NA NA Re~ Y~ Setb~k Accesso~ (6) Y M~. Building HI. stories a~ve 2 sto~es 2 stories 3 stories ~' (13) 4 sto~ mem fl~ level Dist~ce ~ween Princ~p~ 15 10 I/2 sum of I~ sum of NA St~cture$ heights f]O) heights (lO) Flor Area Minimum sq. ft.~r 8~ dwelling unil sg~c~res, comer lots (6} (8) (9) (10) {12') (13) (14) Words anw,,k th. rough arc deleted: words ZQ0.CLlj.[I~ arc added. F:$OW~O PA S,e widlh average shall be determined by averaging the front and rear lot lengths (tangent or arc Icnlth). Site depth average shaJ] be determined by dividing Ihe site area by site width average. Boundar'v sun,.ev ~nd plot ol&n shall be rcauircd at the time of buildint ~rmit submittal demonst:aunt t~¢ minimum scoaradon between sm~cturcs is achieved as set forth herein~. Provided I~e is bulk. headed per Collier County la. nd Development regulations. See Section 4.3A and 10. IF herein. Not on lake or prescme. Outdoor clear parking shall be adequate to paxk an automobile on the setback within which there is; drivewt,:, w,h a minimum distanc¢ gI' 20 feet...~ measured from thc back of curb or sidewaJk~ Minimum site area requirr4 act dwelling unit in the event of fee simple conveyance. End units sh~l have a minimum requir~ sideyard of: 7.5 feet for one story buildings, 10 feet for two story buildings. 1.I feet for three story buildings. Mea. surcd from walls closest to adjacent buildings. T~c height is dctcrrmned by measuring from finished first noor 1o mean roof h¢isht excluding coupul~ and other decorative root' om~.ments. Tract line setbacks between muhi-fa~nily and group me facility shall be 35 feet or half the sum of the butldmg heights whichever ~s less. Along thc norlhem perimeter, thc setback may be 20 feet. Tracts B, C, D arc limited to thi'~t stories. Group care facilities ~ limited to Tract 'A'. Zero feet f0') or a minimum of five feet rS') on either side ¢~ec~t that wh~'e the zero fcx'~ V' t 't ' '~ v' ' V t ' ' ' w ' v Limited to new develot, mcm is of thc date of a~mval of this A~nd~t ~o i~ctude ~ .... n .... APR 1 1998 SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FOP~M AND LEGAL SUFFICIENCY: MARJC~I£ M. STUDENT ASSISTANT COUNTY ATTORNEY BY: BARBAP~A R. BERRY, CHAIRMAN Words struck thro%hq/l are deleted; words '5- APR 1 4. 1998 ~ are added EXECUTIVE SUMMARY I~'I'ITION R-9~-1, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, REPRESENTING THE COLUER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO "A" RURAL AGRICULTURAL FOR THE NEAPOLITAN PARK PUD LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND SANTA BARBARA BOULEVARD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 20 ACRES, MORE OR LESS. OBJECTIVE; On March 18, 1997, the Board of County Commissioners adopted Resolution 97-174A, which required the property owner of the Neapolitan Park PUD to submit a PUD amendment to the Planning Services Director prior to September 18, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4 of the LDC, the BCC may initiate proceedings to rezone the unimproved portions of the PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. ,~ONSIDERATION~: On January 23, 1990, the 20 acre Neapolitan Park PUD was approved by the Board of County Commissioners, through Ordin~',~'~ce 90-6. The PUD was approved for commercial uses, office or hotel uses, assisted living facilities at a density of 26 units per acre, and multi-family residential at 16 dwelling units per acre. During the Zoning Reevaluation process in 1990, the project was found to be consistent with the Growth Management Plan since the PUD is within an activity center. On March 18, 1997, the BCC, pursuant to Section 2.7.3.4. of the Land Development Code, Time Limits for Approved PUD Master Plans, approved Resolution 97-174A.. which required the property owner or agent to submit an amended PUD to the Planning Services Director prior to September 18, 1997 In order to cause the density of the PUD to become compatible with surrounding approved zoning. ~e PUD to an appropr The PUD amendment had not been received required date, therefore the BCC may rezone co¢~stent with the FLUE of tho GMP. Since the prior zoning of the p~rcal was Agricultural, staff believes that an appropriate zoning district foe the subject parcel is A. The property owner was sent a copy of Resolution 97-174A and Dr. Nicholas Klok~r, I parlner of Davis Boulevard Partner~, has Indicated to staff that he believes the density i~ compatible, and no rezoning is necessary. The Collier County Planning Commission reviewed this petttiorl o¢1 Ma,"ch §, 1998. 8tnce the prope~ owner was not present, the Planning Cornmi~ion, by unan~ vo~, ~nded that the Collier County Board of County Commissionem rezoem the Neapolitan Park PUD to Rural Agricultural. FISCAL IMPACT; Approval of this petition would reduce the Intensity of use on the parcel from con'~Tmrctal and residential to agricultural, therefore, the potential ad valorem tax revenue for the site would be reduced. GROWTH MANAGEMENT IMPACT: The proposed rezone is in compliance with the Future Land Use Element of the Growth Management Plan. The Density Rating System of the Growth Management Plan permits up to 26 units per acre for a hotel/motel and 16 units per acre for multi-family on the subject property. The proposed rezone to Rural Agricultural would permit 1 unit per 5 acres. HISTORIC/ARCHAEOLOGICAl. IMPA(~T: b"laff's analysis indicates that the petitiom~r's property is not Iocatect' within an ama of historical and archaeological probability ns referenced on the official Collier County Probability Map. Therefore, no Histo~'al/Archaeological Survey & Assessment or waiver is required. PLANNING COMMISSION RECOMMF~J~ The Collier County Planning Commission, by a vote of 8 to 0, recommended that the Board of County Commissioners rezone the Neapolitan Park PUD to Rural Agricultural. APR 1 ~ 1998 p~ <:~ PREPARED BY: FRE~PLANNER II CURRENT PLANNING SECTION DATE RONALD F. NINO, AICP ACTING CURRENT PLANNING MANAGER DATE AICP DATE P lNG SERVICES ECTOR VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR APR 1 4 1998 MEMORJ~NDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 20, 1998 R-98-1; NEAPOLITAN PARK PUD AOENT!AppUCANT: Owner:. Davis Boulevard Partners 4425 Beechwood Lake Drive Naples, FL 34112 REQUE~TI~D ACTION: On March 18, 1997, the Board of County C, ommissioners adopted Resolution 97-174A, whtc~ required the property owner of th~ Neapolitan Park PUD to submit a PUD amendment to the Planning Services Director pflor to September 18, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4 of the LDC, lhe BCC may initiate proceedings to rezone the unimproved portions of the PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. OEOGRAPH!C LOCATION: The subject property is located tn the northeast ql BoUlevard and Santa Barbara Boulevard in Secfior APR 1 4, 1998 LOCATION HAP SITE HAP PURPQSE/DESCRIPTION OF PR.QJECT: The Neapolitan Park PUD permits commercial uses, offices, motels, and multi-family residential dwelling units. The proposed rezoning to Agricultural will permit bona fide agricultural uses and/or a maximum density of one dwelling unit per five acres. SURROUNDING LAND USE AND Z, QNING; Existing: 20+/- acre site, entirely within an activity center; forested; zoned PUD Surrounding: North Undeveloped property outside the activity center, within the density band; currently under review as the Bembddge PUD. The Bembridge PUD proposes a density of 6.97 dwelling units per acre; currently zoned A APR 1 A 199/ East- South - West - Northeast. New Hope Ministries, outside the activity center, within the density band; zoned A with a Provisional Use for a church Davis Boulevard ROW, across which is the old New Hope Ministries church, zoned C-3 and undeveloped property, within the activity center; zoned A. Shoppes at Santa Barbara PUD Wildwood Estates PUD which has a permitted density of 12.46 units per acre; zoned PUD HI~rORICIARCHAEOL, QP~ICAL 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 or waiver is required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE ANI3 ~,N~IRONMENT: The effect of a rezoning action on the subject PUD would be to reduce the intensity of development, and all the impacts resulting from the permitted uses, and to permit agflcultural uses and single family residential dwelling units at a density of 1 unit per 5 8cres. ANALYSIS: On January 23, 1990, the 20 acre Neapolitan Park PUD was approved by the Board of County Commissioners, through Ordinance 90-6. The PUD was approved for commercial uses, office or hotel uses, assisted living facilities at a density of 26 units per acre, and multi-family residential at 16 dwelling units per acre. During the Zoning Reevaluation process in 1990, the project was found to be consistent with the Growth Management Plan since the PUD is within an activity center. On March 18, 1997, the BCC, pursuant to Section 2.7.3.4. of the Land Development Code, Time Limits for Approved PUD Master Plans, approved Resolution 97-174A, which required the property owner or agent to submit an amended PUD to the Planning Services Director prior to September 18, 1997 in order to cause the density of the PUD to become compatible with surrounding approved zoning. The PUD amendment had not been received by the Planning Services Director by the required date, therefore the BCC may rezone the PU · ,-, 3 APR 1 1 19! 8 Pg. consistent with the FLUE of the GMP. Since the pdor zoning of the parcel was Agricultural, staff believes that an appropriate zoning distdct for the subject parcel is A. The property owner was sent a copy of Resolution 97-174A and Dr. Nicholas Klokochar, & partner of Davis Boulevard Partners, has indicated to staff that he believes the density is compatible, and no rezontng is necessary. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R.98-1 to the BCC with a recommendation for rezoning the Neapolitan Park PUD to the Rural Agricultural (A) zoning district. PREPARED BY: FR~PLANNER II CURRENT PLANNING DATE REVIEWED BY: ~."~ _..----, ~ I~OEI~RT J. MULH-~RE, AICP, MANAGER CURRENT PLANNING ~ '- / Z '--~." f DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: R-98-1 Staff report for the March 5, 1998 CCPC meeting. This Petition has been tentatively scheduled for a March 24, 1998 BCC Public Heating. CHAI RM~'~,I APR 1 4. 1(J98 REZONE FINDINGS PETITION R-98-1 NEAPOLITAN PARK PUD TO RURAL AGRICULTURAL Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed rezone will change the zoning of the PUD to A, which is consistent with the Growth Management Plan. Con: The Density Rating System of the Growth Management Plan permits up to 16 units per acre for residential dwelling units and 26 units per acre for hotel/motel uses on the subject property, The proposed rezone would permit up to 1 unit per 5 acres. Summary Findings: The proposed rezone is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern, Pro: The surrounding land uses agriculture. Con: None. Summary Findings: include commercial, Evaluation not applicable. residential, a church, and 3. The possible creation of an Isolated district unrelated to adjacent and nearby districts. Pro: The proposed rezone would result In a 20 acre parcel zoned A, surrounded by a mix of residential, commercial, and agricultural uses. Con: The subject parcel is in the vicinity of more intense uses (PUD commercial). Summary Findings: Some of the surrounding uses are more intense than the Rural Agricultural zoning that is proposed, however, the proposed rezoning to A do~s not create an isolated district. APR 1 1998 m~ 4. Whether existing district boundaries are Illogically drawn In relation to existing conditions on the property proposed for change. Pro: The boundaries are determined by existing property ownership. Con: None. Summary Findings: Evaluation not applicable. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The Neapolitan Park PUD was required to submit a PUD amendment by Resolution 97-92. No amendment has been received. Con: None. Summary Findings: The rezone is a result of the PUD sunset provisions. 6. Whether the proposed change will adversely Influence living conditions in the neighborhood. Pro: The proposed change will reduce the intensity of use on this parcel from commercial, hotel/motel and residential to agricultural uses. COn: None. Summary Findings: The proposed reduction in density will not trigger adverse influence on living conditions in the neighborhood. 7. Whether the proposed change will create or excessively Increase traffic congestion or create types of traffic deemed Incompatible with surrounding land uses, because of peak volumes or projected types of Yehlcula~r traffic, including activity during construction phases of the development, or othel-wlse affect public fety. Pro: The proposed rezone will reduce the intensity of uses at the site. This will reduce traffic impacts at buildout and reduce construction activity impacts. COn: The site is outside the Traffic Congestion Area as shown on the Future Land Use Map. Summary Findings: safety. The reduction of future traffic volume will positively affect public APR 1 1958 8, Whether the proposed change will create a drainage problem. Pro: The property is currently forested and will not create a drainage problem by remaining that way. Con: A project, such as the Neapolitan Park PUD, is required to retain a certain amount of stormwater on site. Summary Findings: The proposed rezone to A will not create a drainage problem, however, it will not remedy any existing stormwater runoff problems in the ares. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed reduction in intensity will not decrease the amount of light and air circulaUng to adjacent areas. Con: None: Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: The values of adjacent properties may be affected to some extent, by proximity to agricultural uses, however, those uses are usually less intense than the permitted uses. COn: The value of the subject property may decrease as a resuit of being rezoned from PUD to A. Summary Findings: This is a subjective determination based upon factors which may be internal or external to the sub,[ect property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the Improvement or development of adjacent property in accordance with existing regulations. Pro: None. Con: None: Summary Findings: The basic premise unded) the zoning division of the Land Development Cc ;ng al1°'~~elop; :le is that their sound APR 1 4 199E lent si applic combined w~th the administrative site development plan approval process, gives reasonable assurance that a change In zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an Individual owner as contrasting with the public welfare. Pro: None. Con: None. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used In accordance with existing zoning. Pro: None. Con: None. Summary Findings: The subject property is subject to the provisions of LDC Section 2.7.3.4, the PUD sunset provisions. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro: The proposed rezone complies with the Growth Management Plan and is consistent with the surrounding zoning. COn: The existing PUD zoning was required to be amended by the BCC. No amendment was received. Summary Findings: The proposed rezone to Rural Agricultural zoning is consistent with the needs of the county. 15. Whether it Is Impossible to find other proposed use in districts already permitting ,dequ a~:~ In such use. APR ! 4 1998 /./ Coui Pro: There am many other sites in the County which are within the Urban Area and could request a rezone to Rural Agricultural. Con: This rezone is requested by the Board of County Commissioners as a result of tho PUD sunsetting requirements. Summary Findings: The determining factors in this case are the requirements of LDC ~ction 2.7.3.4, not the availability of A zoned property. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The property is forested and would probably require at least partial cleadng pdor to commencement of agricultural uses. Con: The existing PUD zoning would require addition of more Impervious area than the proposed Rural Agricultural zoning. The PUD contains a 'Preserve Area'. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The Impact of development on the avallabllity of adequate public facllltles and services consistent with the levels of service adopted in the Growth Management Plan and as defined and Implemented through the Adequate Public Facilities Ordinance, as amended. Pro: The proposed availability of services will be reduced by allowing one single family dwelling per five acres or agricultural uses. Con: None. Summary Findings: The proposed rezoning action will result in a reduction In the level of services required by the current PUD zoning. APR 1 ,t 1998 AN ORDINARCE AMENDING ORDINANCE ~UJMBER 82-2 T~E COMPREM~SIVE ZONING REGULATIONS ~OR T~E ~INCO~O~T~D ~ OF C0~I~ COb~, ~RIDA ~Y ~DING ~E 0FFICI~ ZONING A~S ~P N~B~ 50-26-~ BY C~GING ~{E ZONING C~SSIFICATION OF ~E ~EREIN D~SCRIBED R~ PROP~ ~0~ A-2 TO "P~" P~ED ~IT D~E~P~T FOR R~SID~I=,-=UST~ HOUSING, ~T CONGREGATE LIVING FACILITIES, ~~.. CONDOMINI~S, R~AIL ON ~E (3) O~ P~C~S~ ~ EI~ A H~ OR 150,000 SQU~E FE~ OF OFFIC~ SPACE ON ~E FOR PROP~TY ~TED ON THE NORTH SIDE O~.. DAVIS BO~ (SR-84) ~PRO~I~T~Y 650~. FE~ ~ST OF S~TA B~ B0~ CONSISTING OF 20~ AC~S, LOCATED IN SE~ION 4, TO,SHIP 50 SO~, ~GE 26 ~ST, COLLI~ CO~TY, FLORIDA; ~ND BY PROVIDING ~ EFFE~!VE DATE. WHEREAS, Robert Duane of Hole, Montes and Associates, representing William M. Pogue, of Davis Boulevard Partners, petitioned the Board of County Commissioners to change the zoning classification of thE'herein described reef' property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: ~CTIO~ ONE: The Zoning Classification of 'the herein described r~al property lo:ated in Section 4, Township 50 South, Range 26 East, Collier Coun=y, Florida is changed from "A-2" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto es Exhibit "A" which is incorporated herein and by reference made p~rt hereof. The Official Zoning Atlas Map Number 50-26-2, as descri~ in..,' Ordinance Number 82-2, is hereby amended accordingl~% APR 1 4 1998 notice from ~he Secrecaxy of Etati that this Ordinance has be,n filed with the Secra~ry of State. DATZ: January 23, 1990 ,':" . ATTE$~ :'*' · -~ JAMES C. .. '_ · ~P~D' AS TO F0~ ~D LE~ SUFFICI~ MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY ~OARD OF COUNTY CO~ISSIONERS CCLLI;~ COUNTY, FLORIDA R-89-17 PUD ORDINANCE nb/2017 APR 1 4 1998 ( NEAPOLITAN PARK '. A PLANNED UNIT DL~rELOPWENT K~A FIL~ NO. 88.128 Hole, Hontes & Associates, Inc. 715 Tan~h Straat South Naples, Flor£ds 33940 (813) 262-4617 1990 I. STAT~NT OF C0~PLIARCE ............ · ....... '~... 1 II. PROPERTY OWNERSHIP, L~GAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL ................. 2 III. STATEMiNT OF INTENT AND PROJECT DESCRIPTION ..... 3 IV. GENERAL D~"~LOPMINT REGULATIONS ................. 4-10 V. TRANSPORTATION RZQUIREMiNTS ..................... 11 VI ENVIRONT~NTAL STAf~DARDS ... .................... - .... 12-13 VII. ENGINF-F. RING AND UTILITIES REQUIR~'F3'NTS .......... 14-19. VIII. WATER )'.ANAGEM~NT R~QUIR]~v[ENTS ................... 20-21 CONCEPTUAL MASTER PLAN APR 1 4 1998 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth how the proposed development complies wi~h ·11 ·pplicable requirements of ~he Collier County developm·nt regulations and the intent of the Davis Boulevard partners on 20 acres of property loc·tad in Section 4, of Town·hip $0 South, Range 26 Zest. Th9 name of,this PUD is to be Neapolitan Park. The development of this Planned Unit Development will be in compliance with t~e planning goals and'. objectives of Collier County as set forth in the Grow~h Management .Plan. This compliance includes: 1. The subject property is loc·ted in ·n area identified as an Activity Center in the Growth Management Plan for Collier county. 2. Activity Centers are the preferred locations for the concentration of commercial ·nd mixed use development activities. The proposed development includes · mix of retail, office, and residential uses, to satisfy this .criteria. The project development is planned to incorporate eystems, existing and hanmede, for water management in accordance with their natural functions and capabilities. 4. ProvieAone are included in the project to minimize the ingress and egress point· onto Davis ~oulevard by providing.. for provisions for eh·red access with adjoining prcper~ies. 5. The project shall be in compliance ~ith a2.1 applicable County regulation· including the Gr~w~ ~anagement Plan. 6. The project will be served by a complete range of services and utilities as approved by the County. ?. The project is conpatible with adjacent land usaa through the internal a=rangement of etructuree, the placement of land use buff·re, a~d the propoeed development etandards contained herein. The Planned Unit Development includes extensive open spaces which are preserved from future ~evelopment in order =o enhance their natural function· and to 'serve aea project amenity. APR 1 A 1998 PROPERTY. OWNERSHIP, LEGAL DESCRIPTION SHORT TITLE & UNIFIED CONTROL 2.1 The subject property is cn/rrantly o~rnmd by=' *. Davis Boulevard P&rtnmrs ". 2.2 The subject proper~y is dmecribed as follows: The East 1/2 of the SOU~WII= 1/4 of the SOU~VIIC 1/4 of SeCtion 4, To, ship 50 SOU~, Range 26 Eas=~ less =bm Sou~ 75 lmm= ~*rmof resm~td for road right-of-~ay Boulevard), Collimr Court=y, Florida. 2.3 This Ordinance shall bm ~o~ and cited Park Plannmd Unit Devmlopmmn= Ordinancm.- STATe, TNT OF UNIFIED CONTROL It is the intent of Davis Boulevard Par~ners to establish a Planned Unit Development on 20 acres in Section 4, Township 50 $ou~h, Range 2S East, Collier County, ~lorida. The subject proper~y is under unified ownership for the purpose'of obtaining ND zoning. Development of this Planned Unit will occur in accordance wi~h submitted ~UD regulations and any conditions approved with the rezone petit/on as described and- agreed ti, within ~his PUD document. APR 1 1998 SECTION III STATEY~INT OF INTENT AND PROJECT DESCRIPTION It is the developer's intent to establish a ~lxed use Planned Unit Development. It is~he purpose.of this do~ament forth flexible guidelines for the future development cf the project that meet accepted planning principles and praoticee · and to implement the GrowV~hManagemen= Plan. i) Ex.hibit "A" PUD Master Plan, cons=itutest~he requiredPUD Development Plan. Subsequent or concurren= with PUD approval a Subdivision Master Plan shall be submitted for the entire aras included in the PUD ~aster Plan. Ail divisions of proper~y and t. he development of the land shall be in co~pliance with the Subdivision Regulations. '. ii) The provisions cf Section 10.5 of the Zoning Ordinance shall apply to the developmen= of all platted tracts, ~ parcels of land as provided in said SecTion 10.5 pril to ~he issuance of a building pe~it or othe~ develcpmer . 3.3 SITE CLE~_~ING ~D D~AI!,~AGE '- Clearing, grading, earthwork, and site drainage work shall be. performed in accordance with applicable Collier County Codes and Ordinances and the standards and couni~ents o! t~bis document. 3.4 EASEMENTS ~OR UTILITIES Easements, where required, shall ba provided for water manage=eat areas, utilities and other purposes as may be needed. All necessary easements, dedications or other instruments shall be granted to insure the continued operation and =aintenance of all services and utilities. This will be in substantial compliance with applicable regulations in effec~ at the time approvals ara requested. APR 1 A 4.1 4.2 GENERAL DEVELOP~.NT REGULATIONS The purpose of V. his Section is to delineate and generally describe ~he project plan of development, the respective land uses included in the project, as' well aa the ~roJect'a development criteria. Regulations for development shall be i~ accordance with ~he standards set forth in this docunent. ~here specific development standards are not sec forth, applicable development atandard~ of ~e Collier Co~=y Zoning ordinance shall apply =ha= are in effec= at the =ime o~ appli~ation for the relevan= pe~i=s. 4.3 LAND USE INTENSITIES Tracts one (1), and two (2), and three (3) ~-hat front onto Davis Blvd. are permltCed the full range of commercial uses identified in Section 4.4. Tract four (4) is permitted office '.or motel use only, and tract five (5) residential land uses. The following tabls sets forth ~he maximum yields permitted on each tract. · '.. Approx. Tract Use Acraac~ One Commercial 1.20 Two Commercial 1.20 Three Commercial 1.10 Four Office/Motel* 6.2 Five M.F. In~ensitv .25 Bld Cov~x'a~e .25 Bid Coverage .25 Bid Coverage · 150,000 s.f. Motel uses may be develope~ at a density of 26 units per acre. Densities not utilized on Tract lave (5) may be transferred to Trac: four (4) for ~he construction of additional motel units. ACL~ uni=s may also be developed at a density up to 26 units per acre in accordance wi~h :he standards of this ordinance. .. Multi-family units per acre. (~T) may be developed up to 16 units APR i A 19S8 ''- 4.4 PERMITTED USES AND STRUCTL~R. _~ A. PRINCIPAL RESIDENTIAL USES: 1. P~rnitted PrinciD!e a. Mu~ti-family ~welllngs b. Adult Congregate Living Facilities (ACLF) c. Group and cluster housing. ... 2. Residential Accessory Uses; Accessory uses any s=~uc:ures customary in residential areas or for transien= lodging facilities. RESIDENTIAL D_-W~ZLOP..~TNT STANDkRDS 1. Multi-family resident!al a. Maximum DeNsity - Sixteen (16) dwelling units per acre b. Minimum ~ot Width - One Hundred Fifty c. Setbacks and'Yard Requirements: '-. 1. From Tract Boundary - Minimum 15 2. From Vehicular Use Area - Minimum 10 3. From Designated Wetland and/or Water Body - Minimum 20 feet 4. From Vehicular Drivsway and/or Street - Minimu~ 20 feet d. Maximum Heiaht of St~¢tvre~ - For~y (40) fee:. e. Distance Between Structure~ - Between any two (2) principal structures on the mame parcel there shall be provided a distance equal to one-half (1/2) the su~ of their heights. f. Minimum Floor Area - Six Mundred (600) square fee= for one (1) bedroom units and seven hundred fifty (750) for two (2) bedroom units, and nine hundred (900) square fast for three (3) bedroom units. Minimum Lot Siz~ - I acre. APR 1 4, 1998 h. ~tnfmum OFf Str~t Psrk~T~ - Per the requirements o~ the Collier County Zoning Ordinance. 2. Adult Co~recate Livin~ Fa¢ilftie~ The following development standards shall apply the assisted care living ~acilitias - ACLT: a. Maximum ~umher o~ AC~ Units ~er Acr~ - ~en~ six (26) unica per acre. b. Maximum ACL~ Unit Arsa - rout hundred (400) · ~ara ~eet ~or e~ictenciea, ~lve hundred (SOO) ~or one bedroomm and six hundred and fifty (650) for two bedrooms. c. Re~ired Park~n, Snace~ - One space per ~rel ACLF beds plus one space per two employees. d. Accesao~ uses to suppo~ housing for elderly su~ as cen=raltzed eating areas, recrea=lonal facilities, aund~retail uses and o~er ~imilar kinds of usaa. e. Ail other development standards shall be accordance.wi~ davelop~en= s=andards of this . doc~en=. Adul= Congrega=e Living Facility '. shall ha defined as se= fo~h in ~apter Spatial relationship~ for s=~c=ures resulting .' from ~ls peri,tad uae shall Me datelined at ~he t~e of Site Plan Ayproval application s~miasion pursuant ~o Se:=ion 10.S of Zoning Ordinance:- Pa~ =hereof, shall be ere==ed, altered or use~, or land or wa~er used, in whole or in pa~, for =hen the following: a. ~tl~% ~hops; appliancm s=ores~ a~ a~ supply ahops~ au~omobile pa~a au=omobila se~tce s=a=!ons, wl~ repairs aa an accaaso~ use (in accordance w'i~h =he a=andards of Se~ion 9.S of ~e Zoning Or~lnance}~ - APR 1 A 1998 be Ce [aker~ lhOpl} bait and tackle shops= banks and shops; ba~h lupply itOrel; bicycle sales and lervicel; blueprint lhOpl; bookbinderll book ltOrll; bUlintll machinl llrViCll, Car washes; carpet and floor covering sales - whi%h may include storage and installation! churches and o~her places of worship (in accordance with ~he standards of section 8.11 of ~ha Zoning Ordinance); clothing stores; cocktail lounges (in accordance ~i~h =he standards of Section 8.11 of the Zoning Ordinance); co~erciA1 recreation uses - indoor; cc=nerclal scho61s; confectionery and candy stores. Delicateslenl; depart:erie stortl~ drug ltOrlll drapery shops. Electrical supply stores; equipment rentals, including lawn mowers and power saws. f. Fish market - retail only; florist shopl; fraternal and social clubs (in accordance with the standards of Section 8.11 of the Zon]~ Ordinance); funeral homes; furniture stor~ furrier shops. . g. ~arden supp~ stores - outside display in side and rear yards; gift shops; glass and m~rror sales - including storage and installati~n~ gourmet shOpl. Hardware stores; hat cleaning and blocking; health food stores~ hoces for the aged; hospitals and ho}picas. ICe crea~ stores, Jewelry stores. Laundries - lllf servicl only; leather gOOdl; legitimate thlatrll; liquor ItOrel; locksmithl. Markets - f6od; marketl - meat, medical offices and clinicl; millinery shOpl; motell and hotels; notion picture~heatrel; museums; music 7 APR 1 A 1998 New car deslerships - outside display permitted; news stores; night clubs (in accordance wi~h the standards of Section 8.11 of the Zoning Ordinance). OffiCe - general; office supply stores. supply shops~ photographic eT4ipm~nt pottery stores; printing; 'publishing and mimeograph services she~s; privets clubs (in accordance wi%h the standards of section professional offices. Radio and television sales and services; radio station (offices and studios), and auxiliary transmitters and receiving e~uipment, but not principal transmission tower; rest homes; restaurants - including drive-in or fast food restaurants: (in accordance with the standards of Section 8.11 of the Zoning Ordinance). Shoe repair; shoe stores; shopping centers; souvenir stores; stationery storss~ supernarkets and sanatoriums. r. Tailor shops; taxidermists: tile sales - ceramic tile; tobacco shops; toy shops; tropical fish storms. s. Upholstery shops. t. Variety stores; vehicle rental - automobiles only; veterinarian offi¢ls and clinics - no outside kennels. u. Watch and precision instrument repair shops. Any other commercial uss or professional service which is comparable in nature with the foregoing uses end whtch~he County Manager or his designee determines to be comparable to and compatible with the foregoing uses. Accessory Uses a. Accessory uses and structures customary in commercial, and residential &rems including recreational facilities sewagm treatment plan= facilities and other essential services. 8 APR 1 199c ,o. .. D. C0MMZRCIAL DTVTLOP~L~T STA~NDARDS Minimum Zot Aria -Twen:y thousand (20,000) square flat. 2e Minimum Yard Re=uirenants £~terna! ProSect Boundaria, a. Front Yard - Fifty (5~. feet a~ measured from Davis Boulevard right-of-way and' trent7 (20) flet from any interior right-of-way. Side Yard - None, or a mini=un of five (5) feet with unobstructed passage from front to rear yard. c. Rear Yard - T~enty-five (25) feet. Interior Access Drive - A minimum fifteen (15) feet building setback shall be provided from t.he interior access drive. Minimum Floor Area of Structure (1,000) square feet per building floor. - One t.h~uea~ on t. ha gr~ Meluht - The naxi=um height of any co~.mercial structure on lot (4} will be sixty (60) feet,' ~nd thirty-five (35) feet for lots one (1), two (2) and three (3). 4.5 SIGNAGE Minimum Lot WidZh - One hundred fifty (150) feet. ae The developer intends to create a uniformly designed special signags and identification system including bu~ not limited to su~division and entrance ei~a for ~he project ~o compliment the intended developmen:themes and architectural styles. Such signs are in~ended ~o be located and padiS=ed a: all project entrance points as well as a= other s~ra:egically identified areas and will bm enforced ~hrouqh restrictive covenants and/or architectural con,role. Ail signage shall be in compliance wi~ ~e Si~ Ordinance for Collier Co~:y. Utilize=ion of ~m right-of-ways for landscaping decora:iva entrance ways, and signage shall be reviewed and approved by ~e County Engineer and County Manager and his designee consis:en~i~h acceptable engineering practices =o insure pedestrian and vehi~lar safe~y. APR 1 A 998 Pg. ~___, 4.6 4.7 de A minimu.~ ten (lO) foo~ landscape buffer will be ~Aln~ained along t. he eas~, wes1:, and nox'~h propex-~M lines in accordance wl~ ~e s~anda~s, Zoning Ordinance. B. ~onq ~e eas~e~ a~ wes~a~ B~daries of lo~ fo~ (4) ~d five (5) a ~y-five ~a~ack ~hall.be pr~ided whi~ no s~vres or parking will'.be pe~i~ed. Existing vegetation will be lef~ ~n place ~u~aide ~e ~en foo~ landscape buffer wl~in ~is area. ~o pr~tde additional screening ~o ad~oininq prope~ies. · C. A ~inim~ ~en foo~ (10) buffer perimeter of ~e proposed sewage ~rea~men~ plan~ ~hould i~ be re~ired. · EXC~I~F~O~S TO SUBDI'~,fi$yON a. Article X0 Se~ion 1~: S~ree~ n~e si~s shall be approved by ~he County Engineer bu~ need no~ U.S.D.0.T.F.H.~.A. Manual of Unifo~ Traffic Control Devices. Stree~ pavemen~ patn~inq, s~ree~ s~rtptnq, and refle~ive edging re~iremen~s may be waived. A~icle ~, Section 10: ~e re~iremen~ ~o install · on~ents In a t~ical wa~er valve cover shall be waived. Hon~en~s shall be installed in accord wi~ s~andards and shall be appr~ed by ~e Co~y A~icle X~, Section 2X: ~e re~iremen~s for blank utility casin~s shall be valved if all u~ili~ies are.. installed prior to cons~ion of ~he s~ree~ base and pavement. ~icle X~, Se~ion 17 J: ~e re,~lremen~ ~a~ ~ed s~ree~s have a ~inl=~ ~anqen~ of 100 fee~ intersec~ions shall be deta~Y~ed a~ ~e ~e of s~mi~al of cons~c~ion plans. ~le X~, Section X7 X:' Th~ re~lre~en~ ~a~ ~anqen~s between s~rae~ ~es shall be X00 fea~ ~a~ be re~ired, ~y ~e modified at ~e ~e of s~mi~tal of cons~c~lon plans. ~icle XX, Section l?r: Si~y [S0~ fee~ of rAqh~-o~- way shall be dedicated instead of ~e eight-four fee~ re,ired. ~valoper shall provide si~-end s~reets ~o access adJa~en~ parcels, where a~cable. 10 APR 1 4 1998 $~CTZON V 5.1 The a. be TRANSPORTATION RZQUIR22~ENTS developer shall: Subject to Florida Depsrtuent of TranspOrtation approval, ~he developer shall provide approprtat~ .left and right turn lanes on Davis Boulevard a= the pr~Jec~ and aha11 pr~ide a fair share '~n=ribu=ion ~oward by ~he Co~y. The ~qnal viii be o~ed, opera,ed and maintained by Collier County. ~e developer ~hall provide a~erial level lighting a= =ha project entrance. The ~hree out parcels ~hall have internal access only. They shall have no direct access =o Davis Bouleva~. The developer shall provide airy (60) fee= of addl~io~l right-of-way along ~a no~h side of Davis Bouleva~ for wa~er managemen=/=ranspo~a=ion Building se=backs from ~he Davis ~oulevardRl shall be a_ minim~ o=.~if=y (50) fee=. w-- ~ ~aAA =unro~ wX~ ~ha ~anual om Uni~o~ Control Device] aa re,ired by Chap=er 31~.0~4~, Florida g. These improvements are considered "site related- as defined in Ordin~nce 85-55 and she3! not be applied as credits toward any impJc~ faa, rcTuired by ~hat ordinance. The improvements shall ~e in place before any cer~ificatee of occupancy are issued. h. Payment of Impact Fees shall be made at ~he time of building permit issuance and ~be amount of ~he fee shall ~ be in accordance vi~h ~he effective fee schedule per oz~lnance. '. i. The subdivision master plan shall be revised to provide a stub atree~ along ~he nor~,h and vest boundary of the plan in ~he location depicted by th& westerly directed arrow. APR ! A 1998 6.1 SECTION VI ENVI RONKENTAL STANDARDS The purpose of ~his Sec~cion is to se= fo~h ~h~ s=l~ula=ions es=ablished by ~e Ear,rosen=al Adviso~ Council. A. A Preservation area comprising abGut t~o acres is loca=ed in =he north eastern poz~ion of ~he project. This area is intended to provide protection for a cypress Only uses determined to Me consietent with ~he goal of preserving ~his area shall ~e pe~i~a~. Peri,loner shall De ~Je~ ~ Ordnance ~o. ~5-21 ~ended ~y Ordinance S~-SS (preae~a~ion o~ native habi~a~). C. Pe~i~ioner shall ~a aub~e~ ~o Or~inance ~o. S2-2 amended Dy Ordinance S~-57 ~u~e o~ na~iva ~pecies landscaping). D. ~e~i~ioner shall Me s~Je~ ~o O~inance ~o. S2-37 aa amended by Ordinanca.~9-53 (r~oval of ex~Cic specios}. E. Pe=i~ioner shall be s~Jec= =o =he Collier Co~=y Comprehensive Plan Poli~ 12.1.3 (discove~ o~ an archaeological or historical si=e, a~ifa~ or o~er indica~or of prese~aCion). ~- Pe=i~ioner mhall ob=aim and ~mi~ do--emma=ion of all neceasa~ local, s~a=a and federal pe~i=s. ~, In the even~ a~ive pro=a~ed ~peciea foraging habi=a~, nes=s or bu~owa are enco'~=ered during develo~en= activities, ~e Collier C~C7 Pla~ing Se~ices ~vi-o~en=al Review a~f shall be no,if/ed l~edia~ely and proJec= desire may be adJus=ed, if (ColAiar County Compr~ensive ~1~ poli~ ~.3.4). H. ~ro~ec=e~ plan= species (bu~=arfly or~l~ and wild pine) end,oas sighted d~ing developman~ a~iviciea shall be pro=ac=ed from inJu~ ~r reloca=ed om si=e, preferably to presage or lands~pe areas. ~a. exls=tng loca=ions as well as ~e =ransplan=ing lo,=ions, if wa~an=ed, shall be identified on ~e si~e pl~. ~e consa~a=ion area shall be delAnea~ed by a sl~ed and sealed Professional su~e~n ~e si~a 12 APR 1 4 7998 J. A natural vegstation buffer shall be required around protected we=lands a~ leas~ tan (10) feet wide. X. control structure elevations in protected, created or restored wetlands shall be established to ~aintain or improve adequate h2droperiods.' The control str~cture elevation shall be designed to meet ~he requirements of Sou~h Florida Water Management Dis~r~c~ and Collier County Engineering and Water Management D~par~nent~ L. Quantitative criteria for nitigatkon shall be based on'. the results of final field deterninations made by South Florida Water Management District and Collier County Environmental staff at ~ha time . of si=a development plan approval. Compensation proposals shall provide reasonable assurance ~hat rezource /=pacts will be offset. i. Mitigation plans proposed in wetlands to be preserved, restored, enhancsd shall include · description of area (location and size), vega=etlon proposed to be planted, source of vegetation (transplantation from impacted areas preferre~ hydrologic regime, exotic vegetation remov~ monitoring and ~aintenance plan. .. ii. Miti~ation proposed in upland areas shall emphasize establishment of habitat value. Vegetation retained and supplemented shall focus on wildlife value'and establishment of native vegetative "communities-. iii. Lake mitigation in the lake de~igna=sd on conceptual site plan shall include litto=al zone plantings of native, aqua=it vegetation. Petition shall be subject ~o all Collier County Ordi~ancaa in effect at com~encament of construction. 12 APR 1 A 1 98 ENGINZERING AND UTILITIES REQUIRE.~2~NT$ 7.1 i~POSE The purpose of this Section is to set for%h the utilities requirements which must be accor, modated .by the project developer. . I. ~ater and Ae Water distribution and sewage collection and transmission systems will be constructed throughout ~he project development by the developer pursuant to all current requirements of Collier County and ~he State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Ail water and sewer facilities constructed on private proper~y and not required by ~he County to be located within utility easements shall ba o~ned;, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within ~he project, ~he facilities ~lll be tested to ensure they meet Collier County's utility construction requirements in effect at ~he .. time construction plans are ~pproved. The above tasks must be completed to the satisfaction of Utilities Division prior to olacing any utility facilities, either ¢o~nty cw~,u~ or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Cer~ificatee of Occupancy for s=ructures within project the u:ility facilities shall be conveyed to the County, when required by the Utilities Division, 9ursuant to County Ordinances and regulations in effect at ~he time conveyance is requested. Ail construction plans and technical specifications and proposed plats, if applicable, for the Proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by ~he Utilities com~encement of construction. 14 APR 1 A 1998 Division prior Co Ce 2e All customers connecting to the water distribution and sewage collscCion facilities will bm customers of the County and will bm billed by the County in accordance wi~h the County's established Should tSi Co%L~:y no: bi in a pOlition to providl water and/or sawer service to the project, t~ha water and/or sewer cus=omers shall he'.customers of interim utility esta~lished to serve %he proJsct un~il the County's off-site wa~ar and/or sewer facilities are available ~9 ae~e :he project. It is an~icipate~ ~ha~ ~he Cou4:y ~:ili~ies Division' will ultimately supply po:aMle ~a~er ~o mae: cona~p~ive deman~ and/or receive an~ treat ~he sewage ~enera:e~ Dy ~his project. Shoul~ the County system no~ De in a position ~o supply potable ~a~er ~o the proJec~ and/or receive :he project's waatewa~er a: ~he ~ime developmen~ co,encee, Developer, at his e~ense, will in~tall and operate interim water supply an4 on-ai~e sewage ~reatment and disposal facilities edemata to mae~ all retirements of the appropriate regula:o~agencias. ~ a~reement shall ~e entered into ~e~ween County an~ ~he developer, Mindin~ on ~a his assigns or successors, legally accep~aMle County, prior ~ the approval of doc~ents for ~he propose~ project, a~a:in~ 1. The propose4 water supply an~ on-ai~a trzat~t facilities and/or on-site waa:ewa~er :rea:men~ and disposal facilities, if re~ire~, are Me cona:~c~e~ aa pa~ of :he proposed proJec~ and must be re,afdc4 as interim: ~hey shall con~:~cte~ ~o S%ate an~ Federal standers an4 ara ~o De o~ed, operate~ an~ maintaine~ developer, his aaai~n~ or successors, ~:il such ~ime as ~h~ Coun:y,s off-si~e wa:er facilities an4/or off-site aewer facilities are availa~le ~o se~lce ~he project. The in:er~ ~rea~ent facilities shall supply ae~ices only ~o th~se lan~s o~e4 My ~e ~aveloper an4 approve4 ~y.~a County for ~evelopmen:. utility facility(les) may no: ~e e~an~e4 provide wa~er and/or sewer se~ica outside development Mounda~ approve4 ~y ~e Coun~y without ~e written conaen~ of ~e County. Upon connmction ~o ~he Coun~y,s off-si~e wa~er facilities, and/or sewer facilities, developer, him assigns or successors shall abandon, dismantle and remcve from~e si:e~e 15 APR 1 A 1098 and discontinue use of =he water supply source, if applicable, in a manner consie=en= wl~h State of Florida standards. All work wi~h ~his activity shall be performed a= no cost to ~hs County. Con~ec=ion to =he County's off-site wa:er and/or sewer facilities will be made by o~ners, t. heir assi~s or successors, a~ no cost ~o ~e C~CM vi~ln ~O ~Ms a~ar such facili~ies Decome available: '. ~e cos~ connection shall include, Mu~ 'no~ ~e liQlca~ ~o, all envineerin~ ~es~ an~ preparation o~. construc~ion docunents, Remitting, modification or refit=lng of sewage pumping facilities, in=erconnec=iom with County off- sire facilities wa=er and/or sewer lines necassa~ =o make ~e connection(s), etc. A= the =ina County off-sire wa=er and/or sewer facilities are available for ~he project to connect with, ~he following va=er and/or sawer facilities shall be conveyed =o =he Cowry pursuant =o appropriate County Ordinances and Re.la=ions in effect a= =ha (a) Ail wa=er and/or sewer facili~iea cons=~c=ad in publicly o~ed rights-of- way or wi~in utility easements re.ired --, by =ha County wi=bin ~he project limits will be re.ired to hake connec=lon~ ~ha County's off-sire va=er and/or se~er facili=ies~ or, (b) Ail wa~er and sewer facill~ies re.ired =o connec~ =he project =o ~he County's off-sire w~er and/or sewer facilities when =he on-sirs wa=er and/or sewer facilities are ccns=~c=ed on private prope~y and no= re~ired by ~he County ~o be located within utility easements, including Mu= no= limited to following: (1) Main savage lift station and force main interconnecting with =he County se~er faclli~ias including all utility easemen=s, neceasa~. {2) Wa=er ~i~ribu=Aon facilities from ~a poin~ of connection with APR 1 A ?998 project, including all utility easements necessary. 5. The'customers served on an interim basis by the utility system constructed by the developer shall become customers of the County at the time when County off-site water and/or sewer facilities are availa~le to Serve the project and such connection, is made. Prior to connection of the project to the County's off- site water and/or sewer facilities the developer, his aseigns or successors, shall turn over to the County a complete list of the customers served by the interim utilltiea system and shall not compete with the-County for the service of those customers. The developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the ~roJect. 6. Ail construction plans and technic~ specifications related to connections to County's off-site water and/or saber facilities will he s~bmitted to the Utilities Division for '-. review and approval prior to commencement of construction. 7. The developer, his assign, or successors, agree " to pay all system develo;ment charges at ~he time that building pen:its are required, pursuant to appropriate County Ordinances and Ra~ulations in effect a= the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. The County will lease to the Developer for operation and maintenance ~ha water distribution and/or sewage collection and transmission system ~or the sum of $10.o0 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated ~ythe County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply treatment and 17 APR 1 1998 oo Ge distribution facilities and/or the sewage collection, transmission and treatment facilities. The lease, if required, shall re~ain in effect until the Coun=y can provide water and/or sewer service :hrough its off-site facilities or until such tine %hat bulk rata water and/or sewer service agreements are negotiated with the interim utility system serving %he project. Data required under County'.Ordinance No. 80Jl12 showing the availability of sewage service must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. A copy of the approved DER permits must be submit:ad for the sewage collection and transmission aye:ina and the was:ewe:er treatment facility to be utilized, upon receipt thereof. If an interim on-site water supply, treatment and transmission facility is utilized to serve proposed project, it must be properly sized supply average and peak day domestic demand, in addition to fire flow demand aC a rate approved by the appropriate Firs Control Diatric= servicing the project area. .. ConstrUction and %wnership of the water and sewer facilities, including any proposed interim ae~age treatment and disposal facility, shall be '-in compliance wi~h all Utilities Division s:andards, · policies, ordinances, etc., in effect at the ~ime' construction approval is requested. Detailed hydraulic de%ignrepc,r~s covering the water distribution and sewage colla,~tion and transmission systems to serve%he proJec'~ must Me submit:ed the construction docu=ent3 for the project. The reports shall list all design assumptions, demand rates and other factors per:inane to the system under consideration. Prior to approval of construction doc~unents by County, %he ~eveloper mus~ present verification0 pursuant to Chapter 367 of %he Florida Statutes° nhat the Florida Public Serv$ce ¢om~isaion has ~rantad territorial rights to the Developer provide sawer service to %he pro, eot until the County can provide %his sox-vice ~hrough i~s sewer facilities. 18 I ' 998 All cut parcels shall have internal access points only. Access points shall be located in accordance with Ord~Lnance ?6-S, as anendtd, or Ordinance 82- 91. B. Tbs roadway layout shall n~et a dhsign speed of 30 n.p.h. Appropriate signage shall, acccnpany the de=ailed construction plans. C. Cul-de-sac turn-arounds wi~h & ainimum paveuen= radius of 40' at all deed-end parking areas longer than 300' shall be provided on detailed cons=ruction plans. Do A mininum building se~ack of tventy (20) feet from the lake is required. Detailed paving, grading, site drainage and utility plans shall be submitted ~o Project Review Services for review. No cons=ruction perni=s shall be issued unless and until approval of the proposed construction in accordance vith ~hs submit=sd plamv~ is granted by Project Review Services. Design and construction of all impr~vemen=s shall be subject to coupliance vith =he appropriate provisions of the Collier County Subdivision Regulations, except ~hosa listed in Section'4.? herein. - work within Collier County right-of-way shall meet the requirements cf Collier County right-of-way Ordinance 82-91. The project shall be plat=ed ].n accordance with Collier County Subdivision ReT~.~ations to define the right-of-way, trac~s, and ~aseuents as sho~n on ~he conceptual P.U.D. ~astar 21an. A copy of ~he FDOT pe:'ni= shall be provided prior ~o cons=~ion plan appr~al. 19 - APR 1 A 1998 SECTION VIII WATER. MANAG~MINT R~QUI~NTS A. The purpose of this sac=ion is to sit forth the stipulations established by the Water Management Advtso~ Board, which shall be accommodated by the developer. 1. Detailed paving, grading and site drainage plans shall be submitted to County Project Review Services for review. No construct/on per, its shall bm issued unless and until approval of the proposed construction in accordance with the submittsd plans is granted by County Project Review Services. . 2. Construction of all water management facilities · shall be subject to compliance wight he appropriate provisions of the Collier County Subdivision Regulations. 3. An Excavation Permit will be required for propossd retention area in accordance with Col%A~r County Ordinance No. 88-26 and SFWMD rules. 4. D~i tO thl miXld land use within the project, a ' master association will be formed. The master association has ultimata responsibility for operation and maintenance of the drainage facilities 5. A copy of SFWMD Permit or Early Work Permit is required prior to const~-uction plan approval. 6. A 20' maintenance easement shall be provided around the entire perimeter of ~he lake and a 20' access easement shall be provided. 2O APR 1 A 19 8 T~e 1aka and vetland locations do not meet ~he minimum 200, separation criteria of ~he Sou~h Florida Wa=ar Hanagament Dia=ric~ rules. ~rovide r~du~on ~n ~s d~tnsion. If, ~s , r~sul= of changes caused by~ Sou~Flor~da ~a~r Hanag~m~n~ possibly =he Coll~,r Coun=y.Planning ~o~ss~on and necessa~. · APR 1 4, '~998 APR 1 ,~ 1998 RESOLUTION 97- ~7,4A A RESOLUTION BY THE BOARD OF COU~Y COl{MISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LARD DEVELOPMENT CODE AFFECTING ORDINANCE 90-6 ALSO KNOWN AS NEAPOLITAN PARK PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING ;tN EFFECTIVE DATE. WHEREAS, the Neapolitan Park PUD, Ordinance g0-6 adopted on January 23 , 1990, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Master Plans; and WHEREAS, the Board of Coun%y Commissioners has reviewed the PUD aha has determined that the current PUD Zoning is inconsistent with certain provisions of the Oro'.~ch Management Plan (GMS) and 'the Land Develop=ant Code; and NOW, THEREFORE BE IT RESOL¥£D, by the Board of Zoning Appeals of Collier County, Florida that: The above recitals ara adopted herein by reference as if fully set forth herein. This Resolution shall constitute evidence of compliance with the review reguiremente of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the property owner o~ agent shall submit an amended PUD to the Planning Services Director prior to September 18, 1997 in order to cause said PUD to become consistent with the Collier County LD¢. This Resolution shall become effective lnnediately upon its approval. BE IT FL~RTHER RESOLVED that thie Resolution be recorded in the minutes of this board and in the records o~ the Petition for which the extension is granted. 1998 Done thil //f day of ~, 1997. BOARD OF COUNTY C0~I$$ION]~$ COLLIER COUNTY, FLORIDA ...-'. ....,,,~ ,.. '% / ~ ."t..":j ;% ~TTEST= ;. '%. ¢.' % · ' DWIGHT Ei.-'B]~OCK./=CLERK ; -. ~ · ; '. ~. 'x 4 5 '7 20 22 24 25 2~ :'7 29 32 34 ~5 37 3s 4o 42 44 ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND D'-VELOPME[~T CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~.~ENDING THE OFFICIAL ZONING ATLAS NUMBER 0604S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ~NfAPOLITAN PARK PUD" TO "A", FOR PROPERTY LOCA?£D IN THE NORTHr~AST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND SANTA BARBARA BOULEVARD Itl SECTION 4, TOgrNSH/P 50 SOUTH, RANGE EAST, COLLIER COUNTY, FLORIDA, CONSISTING pr 2~ ACRES ...O.~ CR LESS; AND BY PP. OVIDi.~G WHEREAS, on January 23, 1990, the Collier County Board of Coun:y Commissioners approved Ordinance Nu~er 90-6 changing the zoning classification of the herein described property from "A-2" Rural Agricultural to "PUD" Planned Unit Development known as "Neapolitan Park PUD"; and WHEREAS, cn Oc:cber 20, 1991, the Collier County Board of County Commissioners adopted Ordinance 91-102, the Collier County Land Develcpmen: Code, including Section 2.7.3.4, Time Limits for Approved PUD ~aster Plans; and WHEREAS, on March 18, 1997 the Collie: County Board of County ~:r~issicners approved Resolution 97-9~, pursuan: to Sec:ion 2.7.~.4 of the Land Development Code, Time Limits for Apprcvec PUD Master Plans, requiring the property owner or agent cf :ne ::eapc~i~an Park PUD :o ~ub~.Lt an amended PUD t: the Planning Services Director prior to September 18, 1997 in order :: cause said FUD to ~eccme ccnsis:en: wi:h :he Collier Coun:y Growth Managemen: Plan; and WHEREAS, an amen~T, ent :: :ne Neapolitan Park ~UD was nc: l~, L~97; and WHSF. EAS, Ccm~un::y Development and Environmental Services Divislcn. represen:ing Eke Collier Coun:y ~oard of County Ccm,~:ssLcners, ~e%i:::nea^G~~ of i~:un: Na.~ APR 1 4 1998 21 45 46 change the zoning classification of the herein described real property, attache= hereto as Exhibit 'A"; and WHEREAS, =he C=llier County ~!anning Co~!sslcn reccr,menoed that :he 5oar~ cf County Ccmmisslcners rezone :ne Neapolitan Park PUD from "?UD~ Planned Unit Development Rural Agricultural; NOW, THEREFOR£ RE iT ORDAINED BY THE BOARD O? COUNTY COMMISSIONERS OF COLLIER COUNTY, ~'LORIDA: SECTION ONE: The zoning classification of the real property located in as Neapolitan Park to "A" Rural Agricultural, in accordance with Section 2.7.3.4 of the Collier County Land Development Code, Time Limits for Approved PUD Master Plans. The Official Zoning Atlas Map Number 0604S, as described in Ordinance 91- 102, =he Collier County Land Development Code is hereby amended acccrding!y. SECTION TWO: This Ordinance shall ~eccme effective u~cn filing wi=h Department of State. PASSED AND ~ULY ADOPTED by the Board of County Commissioners of Collier County, Florida, =his day of , 1998. BOARD OF COUNTY C3MM~.ESi~:IERS COLLIER C~UNTY, - ..... ATTEST: i;';iGHT "- 5KOCK, Ci_rk -=y: A.~prc'.'ec as tc Per.-.. and -eval .-"ufficlenc'.': Mar~or'~e M. S:uaen% Assls=an= Count':' At-.crne':' APR 1 & 1998 PO. '~ LEGAL DESCRIPTION EXHIBIT "a' APR 1 ,~ 1998 EXECUTIVE SUMMARY PETITION NO. PUD-87-31(3), TIMOTHY W. FERGUSON AND DOMINIC GADALETA REPRESENTING SJG LAND TRUST, KEQUES'IING A REZONE FROM "PUD" TO "PUD" FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA, HAVING THE EFFECT OF AMENDING THE GADALETA PUD IN RESPONSE TO KEQUIKEMENTS OF SECTION 2.7.3.4. OF THE LAND DEVELOPMENT CODE, KESOLUTION 97-134, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE IN SECTION 10, TOWNSH~ 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINLNG 19.3 ACRES MOP,_E OR LESS. This petition is in response to direction by the Board of County commissioners to submit a revised PUD Planned Unit Development document and Master Plan as a result of an action pursuant to Section 2.7.3.4 of the LDC (i.e. Sunsetting Provision) CONSIDERATIONS: The property is located on the west side of Old U.S. 41 North immediately contiguous to the Lee County boundary line. The Gadaleta PUD is a mixed use PUD, which authorizes two (2) acres of C-2 Commercial type uses eighty-eight dwelling units, and a temporary, golf driving range. This PUD became subject to the provisions of Section 2.7.3.4 (i.e. sunsetting) on October 30, 1996. On February 18, 1997 the BCC directed the owner/entity to submit an amended PUD by August 18, 1997. While staff received a draft amendment PUD from the agent for Mr. & Mrs. Gadaleta, nevertheless, this draft was for discussion purposes only, and was not formally submitted as a petition. On September 8, 1997 staff advised the agent of perceived deficiencies in the drag PUD. On November 6, 1997 a petition for readopting a new PUD was submitted together with the required fee. The petitioner has formally protested the payment of the petition fee. The PUD was found deficient but nonetheless was scheduled for a public hearing before the CCPC on February 19, 1998. The CCPC continued their public hearing to March 5, 1998 to provide an opportunity for the petitioner to submit a PUD that was responsive to staff and EAB stipulations, and the development strategy recommended by staff. At the time of zoning re-evaluation the Gadaleta PUD retained its zoning status as a PUD with authorization to construct eighty-eight dwelling units of which six (6) were to be affordable, two (2) acres of Commercial (C-2) and a temporary golf driving range. The reason for the six (6) affordable housing units is unknown while the temporary driving range was tied to a condition that operation as a driving range cease as soon as a public source of sewer and water facilities became: the logic for this condition is unknown, inasmuch, as a driving range is a conditional in the agricultural district, and has traditionally in such locations been considered a pre 4 1998 The PUD submitted with this application provides for eight-eight (88) dwelling units, and a two acre tract in which commercial uses are requested, some of which are more intensive than the current C-2 uses that are allowed. A provision is also made to convert the commercial tract to residential at the conversion formula allowed by the den.~ity rating system of sixteen (16) dwelling units per acre or as an alternative to retain the C-2 use. The revised PUD would allow the golf driving range as a permanent use on the residential tract. The following development scenario's are in the opinion of staff technically consistent with the FLUE to the GMP, notwithstanding any actions which may be taken by the petitioner should the current level of development be reduced: Currently Approved With Proposed Literal Application of Literal Application of Density & Intensity Amendment FLUE Based on FLUE For New Density Rating application System At Time of Notwithstanding Approval ZRO 88 dwelling units 2 88 dwelling units + 83 dwelling units & 17.3 acx 3 =52 & acres (C-2 Comm.) up to 32 du's for up to 32 du's for up to 32 du's for Temp. Driving Range conversion or 2 acres conversion and commercialtract of Comm. And Permanent Golf permanent Golf Range Driving Range TOTAL DWELLING UNITS 120 du's 115 du's up to 84 du's The BCC has the discretion to do the following: (i) Allow the C-2, two (2) acre designation to be retained with uses limited to current C-2 zoning district uses. (ii) As an alternative use of the C-2 two (2) acre tract, allow a residential use at a density of up to 16 dwelling units per acre. (iii) Determine the number of dwelling units to be allowed on the currently designated residential tract (i.e. 17.28 acres). This number can be as high as eighty-eight (88) dwelling units as currently authorized, or as low as fifty-three (53) dwelling units based on the density rating system as applied to 17.28 acres and current limitation of density rating system. (iv) Determine if recreational uses of the property should be allowed as a permitted use (i.e. now allowed as a temporary use). APR 1 4 1998 The Collier County Planning Commissioner reviewed this petition on March 5, 1998 at which time they recommended that the property be rezoned to "A" Rural Agricultural. This action we believe was based on the perception that the petitioner had refused to cooperate in the submission of a PUD document that was responsive to staff review, and the petitioner's claim that they were vested, and therefore, did not have to be responsive to the direction for changes to the PUD document. Following this action the petitioner advised staff of their intention to submit a PUD document which would include all staffrecommended stipulations, and a format acceptable to staff. Given the restraints for time, and the advisability of BCC direction, this petition is being submitted to the Board without our full understanding of the PUD document to be submitted. Should there be additional deficiencies staffwill verbally address them during the public heating before the Board. Staff is of the opinion that the CCPC would have supported the recommendations for a revised land use agenda had it not been for the petitioners representations. Staffrecommendations were as follows: (i) That the provision for any commercial zoning be deleted in the event it is retained, it should only authorize C-2 uses. (ii) That a commercial conversion density of ten (10) dwelling units per acre for two (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. (iii) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) based on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. (iv) That the golf driving range and accessory and incidental golf practice facilities and related management services be approved as an alternative principal use. (v) That all stipulations as recommended by reviewing staffand the EAB be included in the rcvised PUD document. (vi) That non-compliance with the above result in a decision to rezone ail the property to a residential classification with a residential density limitation of three (3) dwelling unit per acre. F/SCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new' development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the ever collections are inadequate to maintain adopted levels of service, the County must pre funds fi-om other revenue sources in order to build needed facilities. ;ide si~i>~M APR 1 ,1 1998 GROWTH MANAGEMENT IMPACT: As recommended the land use, density and intensity of development of the subject property would be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting fi.om the adoption of this petition. D~velopment permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. EIISTORIC/ARCHAEO LO GICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended that Petition PUD-87-31 (3) for re-approval of the Gadaleta PUD as proposed by the petitioner be denied, and that the subject property, be rezoned to the "A" Rural Agricultural zoning district. To accomplish this will require directing staff to prepare the Ordinance and set public heating dates. R~ONAL-I~g-NiNO, AICP DATE ACTING CURRENT PLANNING MANAGER REVIEWED BY: 'aO gR/T J. ,ucP VINCENT A. CAUTERO, A~DMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-87-31 (3) EX SUMMARY/md DATE DATE APR 1 4 1998 TO: COLI FROM: DATE: DECEMBER 5, 1997 RE: PETITION NO: OWNER/AGENT: COMM/SSION COMMUNITY DEVELOPMENT SERVICES DMSION PUD-87-31(3), GADALETA Agent: Timothy W. Ferguson 2272 Airport Road S., Suite 209 Naples, Florida 34112 and Dominic Gadaleta 572 - 10Ta Avenue N. Naples, Florida 34108 Owner: SJG Land trust 16979 Old U.S. 41 Naples, Florida 341 I0 Beneficiaries - William R. Shaw, Alan W. Johnson, and James Goldies ~QUESTED ACTION: This petition is in response to the requirements of Section 2.7.3.4 (Sunsetting) of the LDC, Resolution 97-134 directing that an application be filed to repeal and to adopt a new PUD for the properly known as the Gadaleta PUD. GEOGRAPHIC LOCATION: The property is located on the west side of Old U.S. 41 North immediately contiguous to the Lee County boundary line. (See location map following page). APR 1 4 1998 pg. _ ,,_,~'"'- i ~998 AG ~ No. 1 PURPOSE/DESCRIPTION OF PROJECT: The Gadaleta PUD is a mixed use PUD, which authorizes two (2) acres of C-2 Commercial type uses, eighty-eight dwelling units, and a temporary golf driving range. This PUD became subject to the provisions of Section 2.7.3.4 (i.e. sunsetting) on October 30, 1996. On February 18, 1997 the BCC directed the owner/entity to submit an amended PUD by August 18, 1997. While staff received a draft amendment PUD from the agent for Mr. & Mrs. Gadaleta, nevertheless, this draft was for discussion purposes only, and was not formally submitted as a petition. On September 8, 1997 staff advised the agent of perceived deficiencies in the draft PUD. On November 6, 1997 a petition for readopting a new PUD was submitted together with the required fee. The petitioner has formally protested the payment of the petition fee. Prior to its "PUD" Planned Unit Development status the land area comprising the Gadaleta PUD was zoned R.M~-6 (10.5 ac.), "A" rural Agricultural (6.78 ai:.) and C-2 (two (2) acres). The area lies within the urban residential designated area of the FLUE, while the density rating system currently authorizes a density no greater than three (3) dwelling units At the time of zoning re-evaluation the Gadaleta PUD retained its zoning status as a PUD with authorization to construct eighty-eight dwelling units of which six (6) were to be affordable, two (2) acres of Commercial (C-2) and a temporary golf driving range. The reason for the six (6) affordable housing units is unknown while the temporaD' driving range was tied to a condition that operation as a driving range cease as soon as a public source of sewer and water facilities became available. Again the logic for this condition is unknow'n, inasmuch, as a driving range is a conditionally authorized use in the agricultural district, ,'md has traditionally in such locations been considered a preferred use. The PUD submitted with this application provides for eighty-eight (88) dwelling units, and a two acre tract in which commercial uses are requested, some of which are more intensive than the current C-2 uses that are allowed. A provision is also made to convert the commercial tract to residential at the conversion formula allowed by the density rating system of sixteen (16) dwelling units per acre. The revised PUD would allow the golf driving range as a permanent use on the residential tract. SURROUNDING LAND USE AND ZONING: Existing: The property is currently being used as a golf driving range with attendant accesso~ facilities. The property is zoned PUD. Surrounding: North - To the north lies the area of Lee County and the Spanish Wells residential/golf course community. The contiguous land, is however, undeveloped at this point in time. South - To the south the land is used as a Retail Nursery, a conditionally approved use. The land is zoned "A" Rural Agricultural. West- To the west lies the development known as Sterling Oaks a mixed r:sidential community. The land is zoned PUD (Residential). GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the urban residential designated area on the FLUE Map. Consistency determinations are as follows: Land Use and Density Land Use: To the extent that a mixed residential development is proposed on 17.28 acres of thc land area this use is consistent with the urban residential designation. Similarly, a golfdfiving range is an allowable use in the urban residential area, albeit through a conditional use. The Commercial tract is technically inconsistent with the FLUE, however, by specific action of the Board of County Commissioners two (2) acres of C-2 uses was approved much as would have been the case under the zoning Reevaluation Program. It is assumed that one of the purposes of the sunsetting provisions, Section 2.7.3.4 of the LDC is to re-evaluate PUD's whose land uses are no longer technically consistent with the FLUE except as may be provided for commercial under criteria/infill determinations. Density Technically, the density is inconsistent with thc provisions of the density rating system. The density rating system provides for a density not to exceed three (3) dwelling units per acre. The current PUD allows eighty-eight (88) dwelling units ofwhich six (6) were to be affordable. The original zoning of the property prior to Ordinance 88-50 which rezoned the property to "PUD", was RMF-6 on 10.5 acres, and "A" on 6.78 acres. These districts would have cumulatively allowed eighty-three (83) dwelling units (i.e. 10.5 x 6 + 6.78 x 3). Under the ZRO program the approved PUD development strategy (i.e. 88 du's + temp. golf driving range + 2 acres of commercial) was determined acceptable based on compatibility criteria, and subsequent BCC decision to restore the two (2) acre commercial site due to an omission to an earlier amendment to the Gadaleta PUD. The density rating system currently still provides that inconsistent commercial zoning may be converted to residential for residential density not to exceed sixteen (16) dwelling units per acre. The conversion density plus the original entitlement would produce a density of one hundred and fifteen (I 15) dwelling units for a density of 5.96 dwelling units per acre. In view of the ZRO action we have to conclude that the initially approved eighty-eight (88) dwelling _ this units is consistent with the FLUE without prejudice to the BCC's ability to modify level of development as a func'ion ~. ~'J~)~h pt rsuant tuxSr~f_~,~xi~7,.3.~2 of the LDC (sunsettlnL/- t, the B~'~'ct a~ ~t cbc ases n~ nber o well provisions). Additionall', ' . o apply to the two (2) acre co 'a[tr 8 As a result, the following development scenario's are in the opinion of staff technically consistent with the. FLUE to the GMP, notwithstanding any actions which may be taken by the petitioner should the current level of' development be reduced: Currently Approved With Proposed Literal AppLication of Literal Application of Density & Intensity Amendment FLUE Based on FLUE For New Density Rating application System At Time of Notwithstanding Approval ZRO 88 dwelling units 2 88 dwelling units + 83 dwelling units & 17.3 acx3 =52 & acres (C-2 Comm.) 32 du's for 32 du's for up to 32 du's for Temp. Driving Range conversion or 2 acres conversion and commercial tract of Comm. And Permanent Golf permanent Golf Range Driving Range ' TOTAL DWELLING UNITS 120 du's 115 du's up to 84 du's Commercial Intensitx - The commercial uses proposed by the revised PUD exceed those currently authorized under the C-2 zoning classification, and therefore are inconsistent with provisions of the FLUE that deal with non-conforming or inconsistent commercial zoning. The existing ZRO approved C-2 zoning is also technically inconsistent with the FLUE, and does not qualify for commercial zoning under commercial in-fill or under criteria. TCE - The AADT resulting from any of the development scenarios, will not exceed the significance test (5% of the LOS "C" design capacity) on Old US-4I within the project's radius of development influence (RDI). As a result, this petition is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Old US-41 as a 2 lane road fronting the project. The current traffic count for this segment is 9,415 AADT which results in LOS "C" operation. It should be noted that the level of service on this segment is not projected to fall below it's adopted LOS "D" standard within the next five years. As a result, no road improvements to this segment are required in order to meet concurrency requirements. Si.nee this petition will not lower the level of service, it complies with Policies 1.3 and 1.4 of the TCE and is therefore consistent with the GMP. Recreation And Open Space~ This element has application only with respect to policies relative to enhancing the amount of open space on a project by project bases as required by provisions of the Land Development Code. The LDC requires mixed use ~rojects to provide thirty (30) percent area to be allocated for pu ose$.nSait~l'lil~-as 61ten spa, - '~ ........ ~ - ;ibleto1 · ~ the 1~ projects which do not ha,.' jufird~~~etl .a~s (,.e. ?r Pg. - pg. --:J .... ~ provisions of the LDC where the PUD lacks the definition to show consistency with "open space" preservation or eribancement features. This provision in such cases is therefore involved at subsequent development approval actions such as platting or site development applications. The provision of recreation services is generally a County responsibility which is given geographic specificity on the bases of identified needs, and available monies fi.om impact fees. Conservation And coastal Management Element: Provisions contained within the development commitments section of the PUD ensure that the CCME policies will be achieved at the time of subsequent development approval actions. Water, Sewer and Storm Water Management: Appropriate stipulations have been crafted and included within the PUD requiring development (except for interim land uses) to connect to the County's sewer and water system. The project xvill be designed according to LDC requirements for storm water management. During the site development plan approval process the project will be required to be consistent with all relevant provisions of the LDC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR EN~qRONMENTAL, 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 Services Department staff. This petition ,.vas administratively reviewed on behalf of the EAB. Recommendations are included in the Development commitments section of the PUD that pertains to those jurisdictions staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ANALYSIS/EVALUATIONS: This petition is in response to the requirements of Section 2.7.3.4 (Sunsening) wherein the BCC directed the owner entity of the subject property to file a petition to amend the development order (Gadaleta PUD, Ordinance No. 88-50 as amended) within six (6) months of the date the Section 2.7.3.4 action came before the BCC. Although this takes the form of a rezone from "PUD" to "PUD" consider this to be a we do not technically rezones and standard PUD zoning actions. APR 1 4 1998 rezonin~ ~ction, and therefore inasmuc ~ ~ the een findings for PUD / oart of the ori~inaV - AGEN A T ~ The action to require the owner enti ,ty to file a petition to update the Gadaleta PUT) was based on the finding that the current PUD regulations wen: substantially deficient in providing development regulations reflecting current LDC requirements and to provide an opportunity to review the authorized land uses and their density and intensity relationships. Notwithstanding the decision to retain the originally authorized development strategy under ZRO procedures, and the corrective decision of the BCC regarding a two (2) acre C-2 tract, the amount of residential development (i.e. 88 dwelling units), and the commercial tract are technically inconsistent with requirements of the FLUE. As indicated under the discussion of consistency with the FLUE to the GMP, the BCC has the discretion to do the following: (i) Allow the C-2, two (2) acre designation to be retained or require its deletion. (ii) Allow an alternative use of the C-2, two (2) acre tract for residential use at a density of up to 16 dwelling units per acre. (iii) Determine the number of units to be allowed if it is decided to allow an either or development scenario of the C-2, 2 acre parcel. (iv) Determine the number of dwelling units to be allowed on the currently designated residential tract (i.e. 17.28 acres). This number can be as high as eight-eight (88) dwelling units as currently authorized, or as Iow as fifty-three (53) dwelling units based on the density rating system as applied to 17.28 acres and current limitation of density rating system. (v) Deten'nine if recreational uses of the property should be allowed as a permitted use (i.e. now allowed as a temporary use). The relationship of the Gadaleta PUD to nearby housing developments advises that a portion of the Sterling Oaks PUD is being developed with t',vo-family housing contiguous to the Gadaleta PUD. Given the fact that this property is platted (i.e. Wildcat Cove) we can determine the density that ,.','ill come about on the platted acreage, which we estimate to be 8.5 dwelling units per acre. The Arbor Lake PUD, immediately south of the Gadaleta PUD is approved for 6.48 dwelling units per acre, while further south at the MeadowBrook Estates PUD a residential project is under development at 8.95 dwelling units per acre. We do not know what type of housing is to be constructed on the portion of Spanish Wells in Lee County which is currently vacant. Spanish Wells is a mixed residential community, and given the location of the vacant property and nearby land use characteristics a multiple family product is the most likely market response to the vacant land lying north of the Gadaleta PUD. Given these land use relationships it is apparent that the actual density of housing within the near environs of the Gadaleta PUD are not dissimilar to that which is being requested (i.e. 5 alu's/ac, or 6.2 du's/ac, with commercial conversion). One method for determini ,g an eqhit~ble .~olutie woula ~ to ~e~e authorization, namely, eig 'lty-~t '{84~)]~l~llinl units, a~d twoXlx2'y'lt'ffe~f C[2 but to require the optional use of the C-2 tract for residential pmposeq be limited to ten (10) dwelling units per acre for which there is some precedent, thereby, allowing !0g dwelling units on the 19.3 acres of land (i.e. 5.6 du's/ac.). The petitioners request to allow a golf driving range as a pcrrnanent optional use of the property is sccn as having'no negative effect on the area, and indeed in some respects is probably a preferred usc. Staff does not find any of thc land uses incompatible with adjacent properties and opines that this extends to the matter of density. Ncvcrthelcss, one must appreciate that the objective of Section 2.7.3.4 (i.e. Sunsetting Process) was to re-evaluate PUD zoning approvals, as a consequence of their inactivity for a period of five (5) years, for the purpose of providing an opportunity to address land uses which are inconsistent or otherwise inconsistent with current LDC requirements. The land use inconsistency is the commercial tract. The PUD provides for its retention and leaves to the discretion of the owner whether or not they wish to convert this land to residential uses at sixteen (16) dwelling units per acre, the maximum allowed by the density rating system. Technically, the current authorized density is inconsistent at 5.08 dwelling units per acre, not withstanding its ZRO approval for retention. In this regard it is worth noting that the approved density is similar to densities allowed on nearby properties. The revised PUD references the land Development Code for application of all development standards as they apply to the type of housing to be constructed, and the way the land is to be developed (i.e. fee simple lots/tracts or condominium plat). STAFF RECOMMENDATION: That the Collier County Planning commission recommend conditional approval of Petition PUD-87- 31(3) being a petition to amend the Gadaleta PUD by replacing same with a new PUD. Conditions for approval are as follows: (i) That the provision for any commercial zoning be deleted. (ii) That a commercial conversion density of ten (10) dwelling units per acre for two (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. (iii) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) based on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. (iv) That a golf driving range and accessory and incidental golf practice facilities and related management services be approved as an alternative principal use. APR 1 ,,1 1998 P~..../~~ RO~A~LD F. ~q"~,"AICP CHIEF PLANNEK DATE REVIEWED BY: ~.OI~.RT J. MULHERE, AICP CURRENT PLANNING MANAGER w. ~NCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-87-31 (3) Staff Report for Jallua.l'y 15, 1998 CCPC meeting. DATE DATE DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIP~MAN PUD-g7-31(3) STAFF REPORT/md APR 1 4 1998 Addendum To Staff Report - Petition No. PUD-87-31 (3) Agenda Item 7-G From: Ronald Nino This office has been working with the petitioners agent for some six (6) months more or less. We have been unsuccessful in our attempt to have a PUD document crafted in a manner that includes our recommendations for a modified development and to include all staff and EAB development stipulations. The owner through their agent contend that they are vested from any changes, and the only matter up for discussion is to address those changes which do not diminish their ability to construct eighty- eight (88) dwelling units, and to utilize a two (2) acre area for C-2 commercial uses. Specifically their petition as represented by the revised PUD requests the ability, at their discretion to either develop the commercial tract with uses that in some cases exceed to-days C-2 permitted uses, or convert the commercial zoning to a residential development equivalent to thirty-two (32) dwelling units. Additionally use changes provide for expanded recreational uses also as art alternative form of development. The current PUD permits a golf driving range as a temporary use until sewer and water is available to the site. Development Stipulations - Recommended development stipulations were sent to the agent on December 15, 1997 (see attached) for inclusion in the PUD, and to provide information necessary to complete environmental stipulations. To this date none of these requirements have been satisfied. Revised Staff Recommendations: That the Collier County Planning Commission recommend conditional approval of Petition PUD- 87-31(3) being a petition to amend the Gadaleta PUD by replacing same with a new PUD. Conditions for approval are as follows: (i) That the provision for any commercial zoning be deleted in the event it is retaincd it should only authorize C-2 uses. (ii) That a commercial conversion density of ten (10) dwelling units per acre for t~vo (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. APR 1 ,t: 1998 (iii) (iv) (v) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) ~a~ed on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. That the golf driving range and accessory and incidental golf practice facilitics and related management services be approved as an alternative principal use. That all stipulations' as recommended by reviewing staff and the EAB be included in thc revised PUD document. (vi) That non-compliance with the above result in a decision to rezone all the property to a residential classification with a residential density limitation of three (3) dwelling units per acre. PUD-E7-31(3) ADDENDUMYmd APR 1 4 1998I PETITION NUMBER DATE ~3PLICATION FOR PUBLIC HEAKING FOR PUD SUNSET REVIEW COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant: (a) The applicant is SJG Land Trust and the beneficiaries are William B. Shew, Allan w. Johnson, and James M. Goldie. 2. Name of .Agent: Timothy W. Ferguson Firm: Timothy W. Ferguson, P.A. Agent's Mailing Address: 2272 Airport Road South Ste. #209 Naples, Florida 34112 Telephone Number: Business: 941-774-4411 PUD ORDINANCE NAME AND NUMBER: GADALETA P.U.D. 88-50/AMEND 89-84/AMEND 97-7 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION: The subject property is approximately 19.3 acres and is described as: The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; and The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida. 5. Address of location of subject property: 16979 Old U.S. 41 Naples, Florida 34110 e property? Does property owner own.contiguous property to the subject NO 7. TYPE OF AMEND~ SUNSET P~EVIEW F EX~STING q~UD APR 1 4 1998 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: The subject property is in compliance wi6h the CCCP in respect to its residential component but is not in compliance with its commercial component. However, this property was held to be exempt from the CCCP when evaluated by the C~unty ZRO ordinance. Furthermore, the commercial portion of the PUD is vested because it was improved and has been in use in a commercial manner since the original PUD was approved. 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? YES, GADALETA PETITION ~PUD-87-31 (3) DATE: JANUARY 28, 1997 10.(a) HAS'ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? No (b) ARE ANY CHANGES PROPOSED FOR THE AREA SOLD ~D/OR DEVELOPED? NO. AFFIDAVIT We, being first dully sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OW%~ER ~tate of Florida County of Collier The foregoing e~rso day of ~ SIGNATURE OF OWNER SIGNATURE OF/AGENT App~i~~wa ~ acT ~3~p~r1 ~h~9~S! proO as identification and who d~ (did not) take an oath. (Signature of NOtary Pubic) NOTARY PUBLIC Commission # My Commission Expires: PUD\DO APPLICATION/md/4128 APR 1 4 199[' .~. I~' ,_ I, James G. Goldie, President of North Naples Golf Range Inc. being duly sworn, depose and say that t, as President of the above referenced corporation, do have the power and authority to act as owner of the property described in the Gadaleta PUD and which is the subject matter of a proposed hearing; that all the answers to tbs questions in any application pursuant to the Gadaleta PUD, and all sketches, data and other supplementary matter attached to and made a part of any application concerning 'the Gadaleta PUD, are honest and true to the best of my knowledge and belief. A hearing can be advertised. I further permit__ Domenic_Gadaleta (AGENT'S NkME) to act as my representative in any mattqrs regarding any matter related to the Gada!eta PUD. North Naples Golf Range, Inc. S IG%;ATILRE--Of O~ER / . ~/ ,;- ~ ,,. ~' ! State of Florida County of Collier The foregoing Agreement Sheet was acknowledge Before me th' day o__~..~5~f..~ , 199'~ by .P~J ~-~ot~,'~. ~ ~_Qn.a!l~_known~~e-or who has-nr0~uC~ .. . , who !s as identification and ~ho ~ ~:~=--~- i-._--r ~ ---r-. - APR 1 4 1998 .,. (SIGNATURE OF ~OT~-~Y PUB_L!C) NOTA.RY PUBLIC Com~nis sion ~ .My Come, lesion Expires: ) PC. ! 7 _ _ / NATUKE OF AGTNT State of Florida' County of Collier The foregoing Agreement She, et was ackno~ledqe before me this . ~. &1ay_of_ 0~9Z/2) , 199 T,lby (~ersonally kno-w-n---t-6~-e: or who has produced_ as &dentifi-c-~t-£W5-~d who did (did not) take an oath. NOTARY PUBLIC Com~mis s ion My Con%mission Expires: APR 1 4 1998 AO MAR 4 1998 . , AFFIDAVIT OF UNIFIED OI~ERSHIp AND AGENC'f. Each of us DOMENICO GADALETA AND ANGELA GADALETA, being ~!rst duly sworn, depose ant say that we each own the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigned to act as our agent in a~.matters regarding this petition. DOMENICO GADALE//~ TIMOTHY W. tFERGUSON, ESQ. DATE / DA~E DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on ~ day of ~\..2 ~.f , 1997 by DOMENICO and ANGELA GADALETA. NOTARY PUBLIC (print, type or stamp name of notary ',,'~Personally know Produced identi: ~ Personally known OR Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on '~5 day of ~N~ , 1997 by TIMOTHY W. FERGUSON, ESQ. NOTARY PUBLIC (print, t,~pe or stamp name of ~ i~tion: T- 'ype 'if .D ,70" *1 ~f APR lA 1998 I ,, A 1998 I 00143480008 *** 2190931 OR: 2319 PGe 3351 ilCO~D i~ OHICIA~ ILICO)~$ o[ CO~IH CO~,tll, 0~/05/9l at IO:]~AX HIGh: l, HOC[, CLH~ HC HI oc..)o !997 Warranty Deed This Indenture, Made ,his 30th day of May, 1997 A.D.. Between Domenico Gadaleta and Angela Gadaleta, husband and wife, or~Coua~0f COLLIER , s,~,-of Florida , grantors, and North Naples Golf Range, Inc., a Florida corporation, as trustee of the SJG Land Trust Agreement, U/A dated 5/29/97,~': whose.ddassa:16979 Old US 41, NAPLES, Florida 34110 , grantee. Witnesseth ~t thc GP.x~,'TOP. S. for ,ad i~ comidcnfion of the sum of .............. TEN & NO/100($10.00) .......... DOLLARS. · ha other good znd v~luable consideration tn GI~ANTORS in h~nd paid by GR~AN'rF_~, thc receipt whereof is hereby acknowledged, h~vc 8ranu:d, bar[ained ~nd sold to the said GRANTEE and GRANTEE'S s~cccssors and ~sizns forever, the follow~g described land. si,ua-., lyi.~ and b~m~ ia the Cou.~y of COLLIER S~.- of Florida tn ,,i~: THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TA.MI32qI TR.AIL); A/q'D, THE NORTH 200 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TAMIAMI TRAIL); ALL BEING IN COLLIER COUNTY, FLORIDA. Subject to restrictions and easements common to the subdivision, if any, and taxes subsequent to 1997. *with full power and authority either to protect, conserve and to sell or to lease, or to encumber or to othewise manage and dispose of the real property herein described, pursuant to the provisions of F.S. 689.071 and the $ramors do hereby ful wan'ant the title m said land, wit., $i~ned, sealed mad deliver, I in ~rin~ed Name: I/_~:?~.~ ~?~,.-:, _ W itne~J/~~, t~h RETURN TO: MURPHY LAW FIRM SUITE A ~785 ~,~PORT ROAD N. AP~~ TIMOTH~ W. FERGUSON, P.A. 2272 AIRPORT ROAD S. STE %210 NAPLES, FLORIDA 34112 941-774-4411 FAX 941-793-3969 October 30, 1997 Ron Nino Community Development and Environmental Services 2800 North Horseshoe Dr. Naples, Florida 34104 Re: T~E GADALETA P. U. D. Dear Ron: The purpose of this letter is to officially protest the requirement that my client pay the One Thousand Three Hundred Dollar ($1,300.00) application fee that the county is charging. for the Sunset Review of the GADALETA P.U.D. While we are g~v~ng you a check for the ($1,300.00) processing fee, we are paying the fee under official protest (please find the enclosed check). I have reviewed the county ordinances and regulations and have failed to discover an ordinance and/or regulation that requires a $1,300.00 application fee for a Sunset Review. I have questioned you as well as other county employees who have been unable to site an ordinance or regulation which requires the payment of any fee for the Sunset Review. Since the review is an involuntary requirement mandated by the county and the fee has no basis in administrative rule or county ordinance, I believe that the fee has been illegally required and therefore the payment is under protest. Please provide me with written justification of the county's legal standing for requiring such a fee or please remit the fee itself. If you have any further questions about this or any other matter, please feel free to contact me at your earliest convenience. Thank you very much for your time and consideration in this matter. TWF.rn/GADALETA APR 1 zl 1998 Sigcerely, T~othy W. ~rguson, ~%ttOrney at Law AN ORDI~IANCE A:.:L!D:h~ ORD!:iANCE NU .... R gl-I02, T~E COLLIER COUNt% ~A~D D~V~%O~N~ ZONING REGULATIONS FOR THE UNiNCORPO~TED AREA OF COLLIER COUNTY, FLORIDA, BY ~END[NG THE OFFiCiAL ZONING ATLAS ~P NUMBERED 8510N BY CHANG~G THE ZONING C~SSIFiCATiON OF THE HEREIN DESCRIBED REAL PROPEP. TY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD T~MI~4I T~IL NORTH/OLD U.S. 41 NORTH {C.R. 867) AND I~EDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3 ACRES MORE OR LESS; PROVIDING FOP, THE REPEAL OF ORDINANCE NUMBER 88-50, AS ~MENDED, THE FORMER GADALETA PUD; AND MY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy W. Ferguson and Dcmenico Gada!eta, representing SJG Land Trust, ~_titioned the Boar'.' of Coun'..~ Cor~issioners to change zcning c!assificaticn cf the her~in described real property; NOW ?HEF, EFCRE BE iT OP. DAi~.:E2 BY THE BOARD OF COUNTY COMMiSSiONEBS OF COLLIER COUNTY, FLORIDA: SECTION O~;E: The Zoning Classification cf ~he herein described real proper~y located in Section lC, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Deve!o~men= in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorpcrated herein and by reference made part hereof. The Official Zonin~ ''~- Map -u-b .... ~ ~510N, as described in Ordinance ~;umher i ~.~, the CollLer County Land Development Ccde, is hereby amended accordingly. SECT!O:; Ordinance Number 88-50, as amended, known as the Gadale=a PUD, adopted on May 24, 1988 by the ~card of Ccunty Comr, issioners of Collier County, is hereby rep,~a!ed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing w~th the Depart~ en~ N~ Pg. , .- _ - __ '/ PASSED AND DULY ADOPTED by the Board of County Cemmi_-.-ieners of Collier County, Florida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSTON~RR COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney BY: Chairman APR 1 4 1998 GADALETA A PLARNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PREPARED BY: TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND R.EPF2tL APR 1 A 1998 P~I. ~,-.~~ ~AB~.m OF CONTENTS. i Statement of Compliance and Short Title ....................... ii Affidavit of Unified Ownership and Agency .................... Section I Legal Description, Property. . 1 Ownership and General Description ....... Section II Section III Section IV Section V Section VI Section VII 3 Project Development ..................... Use of Land and Development Standards... 8 Commercial Areas Plan ................... 11 Common Areas Plan ....................... 13 Development Commitments ................. 15 Environmental Protection ................ 18 APR 1 1998 i STATEMENT OF COMPLIANCE The development of approximately 19.3 acres of property in Collier County, as a Planned unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise vested or exempt. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless otherwise vested or exempt, of each of the elements of the Collier County Growth Management Plan for the following reasons= Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required 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. 4. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element· 6. The project density of Five (5) d.u.'s per acre, plus the Two acres of commercial property are vested based on the zoning Re-evaluation ordinance finding of "exempt status" 7. The project will be served by a complete range of services and utilities as approved by Collier County. 8. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 9. The Planned unit Development includes open spaces and natural features which are preserved from future development in as order to enhance their natural functions and to serve 10. All final 1( orders fo~° r~e '~t ha complied, are ex~ mp%p%rl~~.o~.ply wit l th~Colli~ C~u ~ · APR '.198 Adequate Public ac~li~c~e=s'~di! ~nce ~~ i ~g._~, project amenitie~. cal developmen' ii ,AFFIDAVIT OF UNIFIED OW'N]~HIP ~ AGENCY Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first duly sworn, depose ant say that we each own the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter'of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our further permit the undersigned to act as our agent knowledge · in a~mat r petition. DOMENICO matters r~g this GADALE~ '~/qGF~ GADELETA TIMOTHY W. FERGUSON, ESQ. DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on ~ day of /~do¢~b~ , 1997 by DOMENICO and ANGELA GADALETA. MY C~4MISSIOfl i (~ NOTARY PUBLIC (print, type or stamp name of notary ~ Personally known OR 'Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ESQ. NOTARY PUBLIC Personally kno% Produced ident: .ype or stamp name of n A~~ "1 SECTION pROPERTX OWNERSHIP AND DESCRIPTION The property in question is located on Old U.S. 41, adjacent to and South of Spanish Wells P.U.D, adjacent to and West of industrial development across U.S. 41, Adjacent to and east of multi family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 ?.RGALDESCRIPTIO~ The subject property being 19.3 acres, is described as: The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East,lying West of Old U.S. 41, Collier County, Florida 1.3 pROPERTY OWNERS~I~ The subject property is currently under the undivided ownership of Domenico and Angela Gadaleta 572, 107th Avenue North, Naples, Florida 34108. (See page 3 of the amendment application document for unified ownership affidavit) 1.4 GENERAL DESCRIPTION OF PROPERTY ARE% A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range. B. The project site is divided into residential and commercial uses. The West 17.3 acres consists of various potential residential uses. The Eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property prior to the date of this approved PUD Document was P.U.D. with 88 units of residential on 17.3 acres and 2.0 acres of commercial. D. This property was found to be exempt from zoning re- evaluation by Collier county review according the zoning Reevaluation Ordinance 90-23 1.5 pHYSICAL DE~ A. The pr, District No. 7 -- AGENDA ITEl, CR mrIc j. ? :ER ~ :ated % ° B. Water Management for the proposed project is planned to ~e the lake retention type. The elevation within the project site is approximately 15 feet over sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). C. Detailed Site Drainage plans which shall incorporate a single water management system for this property shall be submitted to the County engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans is granted by Collier County. The Water Management plan for the Gadaleta PUD may be develop6d in phases where feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. 1.6 PROJECT DESCRIPTION The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cluster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 5 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 commercial zoning which may be developed and used according to the uses allowed in Sections 2.2.12 and 2.2.13 of the Collier County Unified Land Code. Furthermore, the property is currently being used for recreational purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range which is the current use. The golf drivning range is an intended use alternative. 1 . 7 ENVIROa~[ENTAL IMPACT The vast majority of the property covered by this document has been cleared for use as a driving range with the exception of approximately 0.7 acres (to be verified) of xeric scrub habitat which has been retained as a conservation area. The conservation easement will remain undisturbed with the exception of the access road depicted on the PUD Site Plan. Any disturbance of the conservation easement caused by the access road, if any, will be mitigated by setting aside other similar habitat or replanting disturbed area on another part of the property which will be conserved. The remainder of the property can not be adversely impacted since it has been previously cleared. Therefore, no EIS was required for this site. 1.8 SHORT TITLE This Ordinan, Planned Unit Deve opmen~ or~rlnan~ APR 1 1998 ~ and ~e." +he 1998 SECTION II PROJECT DEVELOPMENT REQUIREMENTS. 2.1 PURPOSK The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned unit Development District and other applicable sections and parts of the Collier County Land Development Code (hereinafter CCLDC) and Growth Management Plan in effect at the time of building permit application unless otherwise avoided by vesting or exempted. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply unless other standards which are vested or exempt apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the CCLDC in effect at the time of building permit application. C. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. unless avoided by vesting or exempt from the land development codes and/or unless modified, waived or expected by this PUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrence review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development, except when avoided by vesting or exempt from concurrence requirements. F. Development governed by this ordinance shall not effect the property's exempt status received pursuant to Collier Counties finding th evaluation pursuant 2.3 DESCRIPTION OF pROJECT P~AN ~ pROPOSED LAND USES A. The project Master Plan, including layout of streets and of land for the various tracts is yet to be determined in order to maintain flexibility in the final development of the property. The current layout of the PUD consists of two (2) development tracts dividing residential and commercial uses (see site plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to stay flexible to accommodate the end user of the property. ACREAGE TYPE UNITS/SO. FT TRACT "A" Single Family and Multi Family as described in Section 1.6 above. various 17.3 Acres TRACT "B" Commercial C-2 uses as outlined in the appropriate Land Development Regulation various 2 Acres TRACT "A & B" Recreational including but not limited to a driving range putt putt courses and any other recreational use of similar intensity. TOTAL ACREAGE 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not limited to, a golf driving range and any other comparable recreational use as a permited use within this PUD C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the South East corner of the Gadaleta PUD. No other "conservation area" is intended. Open space requirements shall include the designated "conservation area" and may be used in the calculation of required open space any where within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. D. Areas to be designated as lakes or water retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for wa . ' rposes.. S_uch areas,~ intermittent wet a~d d~.~ sh~ll be~~e~_~_~"__~/ configuration and ~ontain'~am~ gene~al~q~c~. _.~s ~nuw~,_ an. the appr°priate sil~ ~~~Vm~a~ ~~~~o~ tracts, lakes or e respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. E. In additiun to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITy OF LAND US~ A. A maximum of 88 residential dwelling units, single and multi-family, shall be constructed in the total project area. However, the owner of the Gadaleta PUD may convert the commercially zoned property, at his/her sole option, to residential zoning to be consistent with the residential uses allowed within this PUD. The conversion ratio will comply with the then allowable conversion ratio provided in the current CCLDC. If the commercial property is converted to residential pursuant to this section, the new maximum of residential dwelling units shall be 120 single and multi family units. B. The gross project area less acreage devoted to commercial purposes is 17.3 acres. The gross project density, therefore, will be a maximum of 5 units per acre, unless the commercial property is converted, then the gross project density will be based on 19.3 acres and will be a maximum of 6.2 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentially designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational use. Recreational uses include but are not limited to golf driving range or any other comparable use. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida unless otherwise vested or exempt. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan w..L~,R~nh'~rent flexibility. Any of property and th~ de~~ o~ the l~nd shall b~ ~n compliance with Di~ ision 3.2 of t~e Coll~ er~._~"~_an~ Development Code, nd A~lP~n~ the 1~ s ~~ S~( of~AR~~8 Florida unless oth~ ~ise exempt o~ veste,~ APR O'T-,, Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SAT.mS FACILITIES (See LDC-Sec 2.6.33.5} Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and an appropriate number "dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All models must be applied for by project owner. B. The models permitted as "dry models" must be obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to recorded plats, metes and bounds legal descriptions or other recordable legal descriptions shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. permitted to occur in ~cs~-~.~ -w= project only as provl~ed ~ Ide b r' Sales, marketing, and administrative functions are ." model homes withi G. The "wet" m~ system with ultimate ¸ed fire protection facilities in accordance with NFPA requirements ~re required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6 AMEND~NTS TO pUD DOCUMENT OR PUD MASTER PLAN., Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERT~ OWNERS FOR COMMON AREA MAINTENANC~ Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. Ail others provisions of said Division 3.5 are applicable. APR 1 1998 SECTION III bAND USE AND DEVELOPMENT STANDARD~ 3.1 PURPOSE The purpose of this section is to. identify specific development standards for the areas designated as residential in the Gadaleta PUD. 3.2 MAXIMUM DWELL!N~ UNITS The maximum dwelling number of dwelling units are as provided in Section 2.4 (A) of this agreement. A total of 88 units on the 17.3 acre tract or 120 units if the commercial tract is converted into residential. 3.3 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Dwellings with all permitted accessory and conditional uses as described in the CCLDC for that section. (2) Single Family Attached, including one dwelling unit above another. (3) Multi-family structures as provided in Section 2.2.5 of the CCLDC with all permitted and accessory and conditional uses as described in the CCLDC for the section (4) The clustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in section 2.6.27 and section 2.6.38 of the CCLDC and subject to further provisions of division 3.3 of the CCLDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this document B. ACCESSORY USES: Any accessory and incidental use to a permitted use. 3.4 DEVELOPMENT STANDARDS The development standards for the above referenced uses are those provided in the most similar use district of the CCLDC. heAFRr~s~Sac he buildings al S 3.5 GENERAL APPLICA! Generally whenever measurement between · boundary of a parcel of land upon which buildings are to be . .constructed is shall have the following application: space, golf course) a reduced yard space will generally ;hould provision acceptable, however ~n n~~ce~n s h~~) AG ~71 ~- ~0. )e zero lot line relati C. ~CCESSORY BUILD ' 1) There is adequate justification to provide for reduced ~ard requirements where accessory structures (screened-in land area space when completely open to the sky and recreational uses like swimming pools, tennis courts, pavilions, etc.) are contiguous a property line adjacent to open space as herein defined. 2) Recreational land uses under screened-in structures may be considered acceptable up to a lot line ~lnder appropriate conditions. SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. ~ As defined by the Collier County Zoning Ordinance. May be reduced on cul-de-sacs lots. SBR: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose or determining setbacks requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio (Zero Lot Line~: Means one wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Sinale Family Attached/Townhou.~e/Ro~ House~. Is a multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. ~ Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more story's with dwelling units above dwelling units each of which may be accessed direct by from the outside or from a common interior location. Duplex: Means a housing structure containing two dwellings units either vertically or horizontally attached. C~ustered Housing:.. structures of the t under common owner~ of individual dwel] Means the placement of two or more housing yp~ ~w~u~u ~ n a par hip"~u~ prejudice ing APR 1 1998 SECTION IV COMMERCIAL AREAS PLAN The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as Commercial Tract 4.2 DEVELOPMENT EM~KASI~ The 2 acres of commercial use in this PUD is a result of vested commercial use from the zoning Reevaluation Ordinance 90- 23 cited above and Collier County PUD Amendment 97-7 which reinstated the commercial acreage back into the PUD on January 28, 1997. 4.'3 USES PERMITTER No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal us.es 1. Any retail business, service establishment and professional and general offices as defined in the Standard Industrial Classification Manual for the following categories: Retail category, Major Groups 52 thru 59 inclusive, Finance, Insurance and Real Estate, Major groups 60 thru 67 inclusive except sub-group 651. Service category, Major Groups 70, 72, 73, and 75 except sub-group 753. Major groups 76, 78 and 79 except as otherwise provided, Major Groups 80, 81, 86, and 89. All of the above permitted major groups and sub-group uses of land and buildings may be permitted provided the following conditions are found to be present: a. All retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non-household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. b. All business, servicing, or processing, except for off-street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicl ~ c~u~~~es. ^0~9~,]~ 2. Hotel~ and Motels ~~ 3. Recrea ~-i~ ~i]~i~ incl' ~di 1 m 'golf driving range theaters, bowling alleys, billiard halls, ~ndoor archery range, indoor skating rink or similar form of indoor commercial recreation. 4. Planned or integrated commercial centers and shopping centers including any of the above uses, which may be comprised of separate buildings on a common parcel of land. 4.4 DEVELOPMENT STANDARD~ The development standards for the above referenced uses are as listed as those provided in the most similar use district of the CCLDC. APR 1 ~ 1998 APR 0 ,J · / SECTION V DEVELOPMENT COMMITMENTS 5ol ~U~POS~ The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions of 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. 5.3 PUD MASTER PLAN_ A. Exhibit A, PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. Ail 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 this project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET A. Identify proposed start and completion dates of the project, stages of development, and areas and location of common open space other recreation facility if applicable to be provided at or by each stage. All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Any additional recreational facilities, as may be needed by the future through a system of Association. The Ho a provision that the mandatory, and every ~eve~~±ec eownef'~A~soc c~~ ~a p er A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by county. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development code. 5.5 DEVELO MENT EX TONS F T ARD DI IS ON PRACTICE/REGULATION~ Where the nature of development within the PUD does not require the concurrent or subsequent approval of a Preliminary Subdivision Plat, as may be the case for a Condominium Plat and provides for development standards which may be different from those required by the Counties Land Development Code, this Section should identify the development standards unique to this PUD, such as but not necessarily limited to: Street ROW, Pavement width, sidewalks, and other infrastructure requirements of Division 3.3 of the Land Development Code. Said exceptions and variations will only be granted as a function of approving the PUD. 5.6 ~ARi__ANCE AND~CEPT~pNS TO SUBDIVISION REGULATION~ Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Preliminary Subdivision Plat approval. 5.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.8 WATER MANAGEMEN~.. The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.10 ENGINEERING The development of this PUD Master Plan shall be overn 5.11 ~NVIRONMENTA The developm Maste subjec~to 'and governed by the following conditions: 5.12 OTHER INFRASTRUCTURK,. The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.13 ACCESSORX STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 5.14 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 5.15 LANDSCAPING FOR OFF-STREET PARKING AREAS. All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.16 pOT.TJING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condominium associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. APR 1 1998 SECTION VI ENVIRONMENTAL PROTECTION STANDARD EAC STIPULATIONS (ADOPTED BY EAC 4/1/87) A. PETITIONER SHALL BE SUBJECT TO ORDINANCE 75-21 (OR THE TREE/VEGETATION REMOVAL ORDINANCE IN EXISTENCE AT THE TIME OF PERMITTING), REQUIRING THE ACQUISITION OF A TREE REMOVAL PERMIT PRIOR TO ANY LAND CLEARING. A SITE CLEARING PLAN SHALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND SUBJECT TO APPROVAL PRIOR TO ANY WORK ON THE SITE. THIS PLAN MAY BE SUBMITTED IN PHASES. THE SITE CLEARING PLAN SHALL CLEARLY DEPICT HOW THE FINAL LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POSSIBLE AND HOW ROADS, BUILDINGS, LAKES, PARKING LOTS, AND OTHER FACILITIES HAVE BEEN ORIENTED TO ACCOMMODATE THIS GOAL. B. NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A LANDSCAPING PLAN WILL BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DIVISION AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND THEIR APPROVAL. THIS PLAN WILL DEPICT THE INCORPORATION OF NATIVE SPECIES AND THEIR MIX WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE LANDSCAPING SHALL BE THE RE-CREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SITE DURING CONSTRUCTIONS OR DUE TO PAST ACTIVITIES. C. ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOPMENT AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES. THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND INSPECTION INTERVALS SHALL BE FILED WITH AND SUBJECT TO APPROVAL BE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION. D. IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER CONSTRUCTIONS ACTIVITIES, AND ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISCOVERED, ALL DEVELOPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT NOTIFIED. DEVELOPMENT WILL BE SUSPENDED FOR A SUFFICIENT LENGTH OF TIME TO ENABLE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT OF A DESIGNATED A CONSULTANT TO ASSESS THE FIND AND DETERMINE THE PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE NATURAL RESOURCES MANAGEMENT DEPARTMENT SHALL RESPOND TO ANY SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MANNER SO AS TO PROVIDE A MINIMAL INTERRUPTION TO ANY CONSTRUCTION ACTIVITIES. E. THE XERIC SCRUB COMMUNITY LOCATED IN THE SOUTH EAST CORNER OF THE SUBJECT PROPERTY SHALL BE MAINTAINED AS A CONSERVATION AREA, AND THUS INCORPORATED INTO THE LANDSCAPE COMPONENT OF ~ DEVELOPMENT TC F. THE THE U.S. CORP~ ."RUB AREA SHALL BE FENCED. ~ '~ ...... '~' .~PACT T~~-~N~ ~UCT1 ~-~')N .~a~m-~/~¥~'*'~/' H~L ;E 8BI THE P~ " 'PKIOR TO SITE DEVELOPMENT CONCERNING THE POSSIBLE DESIGNATED OF , .- ,JURISDICTIONAL WETLANDS ON THE PROPERTY. G. A 10.1 LITTORAL SLOPE SHALL BE REQUIRED ON THE LAKE SHORES ABUTTING WETLAND AND PRESERVE AREAS. THE PETITIONER SHALI, RE-VEGETATE LITTORAL ZONES WITH APPROPRIATE NATIVE'SPECIES. NRMD RECOMMENDS 10.1 LITTORAL SLOPES FOR THE RETENTION LAKE SHORES WHENEVER POSSIBLE. H. ANY GOPHER TORTOISE FOUND ON THE PROPERTY SHALL BE TREATED IN ACCORDANCE WITH FLORIDA GAME AND FRESH WATER FISH COMMISSION REGULATIONS. APR 1 4:1998 pg. '~ ~__ LAND~ E 10' 100' FPL EASE,~4~NT .'~ > · CO o > C) -. ? APR 1 4~ 1998 F-' 0 0 C Z A[ © 0 © i EXECUTIVE SUMMARY RECOMb~NDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE 92-18 WHICH CREATED THE TOURIST DEVELOPMENT COUNCIL; AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OR SPECIAL EVENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~)J~..~u[3~: That the Board of County Commission~x~ adopt an Ordinance amending Ordinance No. 92-18 to add a non-voting member. CONSIDERATIONS: On 3/24/92 thc Board of County Commissioners adopted Ordinance No. 92-18 which created thc Tourist Development Council. At a recent meeting, thc Board of County Commission:rs directed thc County Attorney's Office to amend said Ordinance to add a non-voting member with professional experience in thc promotion and marketing of special FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance amending Ordinance No. 92-18 which created the Tourist Development Council. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date REVIEWED BY: Da~id'C. Weigel, Co~u~ty/~r~ey h: ~-tmiekhfa~ex su~mry~.Amend Ord 92-1 g Tourist Devclepment Council AGENDA ITEM No. ! 2 $ 4 6 ? 9 lO 12 13 CrP3;)~ NO. 98- 14 WHEREAS, on March 24, 1992, the Board of County 15 Commissioners adopted Ordinance No. 92-18 which created the 16 tourist development council; and 17 WHEREAS, the Board of County Commissioners desires to add 18 non-voting member to the tourist development council. 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION TWO OF COLLIER ORDIN~CE NO. 92-18. 24 Section Two is hereby amended to read as follows: 26 SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST 27 DEVELOPMENT COUNCIL 29 There is hereby established the Collier County Tourist Development Council which shall be composed of a minimum of nine 31 (9) members and a maximum of ~ ten (9~(10) members who shall 32 be appointed by the Collier County Board of County Commissioners 33 as set forth in this Ordinance. 34 36 37 SECTION TWO: A~T TO SECTION TKREE OF COLLIER COUNTX O~DINANCE ~O. 92-18 Section Three is hereby amended to read as follows: 38 SECTION THREE: COMPOSITION OF MEMBERSHIP. 39 The membership of the Collier County Tourist Development 40 Council shall be composed as follows: 41 (a) The Chairman of the Board of County Commissioners of AGENDA II'EM ! Collier County or any other member of the Board of County 2 Commissioners as designated by the Chairman to serve on the $ Council. 4 {b) Two (2) members of the Council shall be elected $ municipal officials, at least one (1) of whom shall be from the 6 most populous municipality in the County or Sub-County Special 7 Taxing District in which the tax is to be levied. S (c) Three (3) members shall be owners or operators of 9 motels, hotels, recreational vehicle parks, or other tourist 10 accommodations in Collier County subject to any tourist Il development tax levied pursuant to Section 125.0104, Florida 12 Statutes. 13 (d) Three (3) members of the Council shall be persons who 14 are involved in the tourist industry and who have demonstrated an 15 interest in tourist development, but who are not owners or 16 operators of motels, hotels, recreational vehicle parks or other 17 tourist accommodations in Collier County which would be subject 18 to any tourist development tax. 19 (e) One (1) member of the Council may be appointed as a non- 20 voting member. This member shall act as technical advisor to the 21 Council and shall have professional experience in the promotion and marketing of special events. The Boardt in its discretiont may leave this position vacant if it finds that no applicant is adequately qualified. All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointing the original members. 2o I IEC~IO~TI3~I~: CCI~I'LICTAI{DIEVE~.%BLLITX, 2 In the event this ordinance conflicts with any other 3 ordinance of Collier County or other applicable law, the more 4 restrictive shall apply. If any phrase or portion of this $ ordinance is held invalid or unconstitutional by any court of 6 competent Jurisdiction, such portion shall be deemed a separate, ? distinct, and independent provision and such holding shall not I affect the validity of the remaining portion. 9 SECTION FOUR: INCLUSION IN THE CO~E OF LANSAND ORDINANCES 10 The provisions of this Ordinance shall become and be made a Il part of the Code of Laws and Ordinances of Collier County, Florida. 12 The sections of the Ordinances may be renumbered or relettered to 13 accomplish such, and the word "ordinance" may be changed to 14 "section", "article", or any other appropriate word. 15 SECTION FIVE: EFFECTIVE DATE. 16 This Ordinance shall become effective upon filing with the ~7 Secretary of State. 1~ PASSED AND DULY ADOPTED by a vote of a majority plus one of 19 the Board of County Co~%missioners of Collier County, Florida, this 20 -- day of , 1998. 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney EXECUTIVE SUMMARY I~..COMM~NDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE 97-82 WiIICH CREA~D THE BAYSHORE AVALON BEAUTIFICATION MUNI~ SgRVICE TAXING UNIT; AMENDING EXHIBIT A WHICH DESCRIBES THE DISYRIC'r BOUNDARIES TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~: That the Board of County Commissioner~ adopt an Ordinance mending Ordinance No. 97-82 to correct the error in the legal description in Exlu'bit A. CONSIDERATIONS: On 12/16/97, the Board of County Commissioncrs adopted Ordinance No. 97-82 which created the Bayshore Avalon B~utification Municipal Service Taxing Unit. Recently, the property appraiser's office discovered an error in thc legal description. The revised legal does not change the boundaries of the district according to the map approved by the Board on 12/16/98. FISCAL IMPACT: None GROWTIt MANAGEMENT IMPACT: None RECOMMENDATION: That the Board Ordinance amending Ordinance No, 97-82 Municipal Service Taxing Unit. of County Commissioners adopt the proposed which created Bayshor~ Avalon Beautification PR~ARED BY: Hgdi F. P~hton, A~sistant County ^ttomey Date REVIEWED BY: ~ivid C. W¢igel, County Att~g~ y h: ~mmi~hfa~g-x maamry~Amead Ord 97-~2 Bay~hor~ Avalon Beautification Amend Da~c 81 APR I ~ ~98~ 2 4 5 6 ? 9 ~0 ~3 ORDINANCE NO. 98- AN ORDINANCZ AMENDING ORDINANC~ ITO. 97-82. WHICH CREATED THE BATSHORE AVALON BEAUTIFICATXON MUNICIPAL SERVICE TAXING UNIT; AMENDiNG EXHIBIT ;% TO CORRECT AN ERROR iN THE LEGAL DESCRIPTION WHICH DESCRIBES TH~ DISTRICT BOUNDARIES; PROVIDiNG FOR CONFLICT AND SEVEBABILITX; PROVIDING FOR INCLUSION IN COLLIER COUNTT CODE OF LAWS AND ORDINANCES; PRUVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance No. 97-82. which created the 15 Bayshore Avalon Beautification Municipal Service Taxing Unit; and 16 WHEREAS, the Board of County Commissioners desires to 17 correct the error in the legal description in Exhibit A. 18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 19 COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: l0 21 SECTION ONE. Amendment to Exhibit A of Ordinance 22 23 24 25 26 27 28 SECTION ~40. No.97-82. Exhibit A is hereby amended to:read as follows: See attached Exhibit "A". Conflict and Slvarability. 29 In the event this Ordinance conflicts with any other 30 ordinance of Collier County or other applicable law, the more 31 restrictive shall apply. If any phrase or portion of this 32 Ordinance is held invalid or unconstitutional by any court of 33 competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not 35 affect the validity of the remaining portion. 36 SECTION THREE. Inclusion in the Code of Laws and Or~nancas. 3? The provisions of this Ordinance shall become and be made a 38 part of the Code of Laws and Ordinances of Collier County, 39 Florida. The sections of the ordinance may bt relettered to accomu!ish such, and the wnrd "or [ina.4.~~' ~.~,. ~.% ' ~ECTION l"OIIR. Effective D&~. This Ordinance shall be effective upon filing with the Florida Department of State. S PASSED ~ND DULY ADOPTED by the Board of County Commissioners 6 of Collier County, Florida this day of , 1998. $ ATTEST: 9 DWIGHT E. BROCK, Clerk I0 11 12 17 Approved as to form and 18 legal sufficiency: 19 2O 21 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman 22 23 24 26 27 'F: Ashton Assistant County Attorney h:A~i~'~,d~rar~¢es ,,~s~hoee M~ic~.~l S~,vv~e T~xh~I L~tt-9$ ~d ~x. A AGENDA LEGAL DESCRIPTION Begin 0t the Southwest comer of Section 23, Township S0 South, Range 25 'Ezst, Collier County, Florida; thence Northerly along lhe we~t line of Sectlon 23 and the West line of Seclion 14 !o the centerline o£ Haldeman Creek; thence Norlheasterly along the cenlerline of Haldeman Creek Io the Intersection of lhe Wes! line of lhe ~st quarter of lhe Southwes! quarter of Section 11; tl'~ence Northerly .',long the West line ot:the East quarter of the Southwest qt~arler o1' Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line o['M.~ngrove Avenue lo the l"nst line of Pine Street; thence Northerly nlong lhe East line of Pine Street to the centerline of' a 10' wide alley in Block 4 as shown on the pln! or"w.H. Surency Subdivision" as ri:corded in Plat Book I, Page 28, Public Records ol' Collier Counly; Ihence Easterly along said centerline and its £a~'~rly exlension to the Ens! line of Lot 39, as shox~n on the plat o£"Naples Groves and Track Co.'s Little Farms No. 2" as recorded in Plat Book 1, Page 27A, Public Records of Collier County; thence Southerly along said East line to the Soulh line o£Weeks Avenue; thence F-.~sterly ~long the South line of Weeks Avenue Io the Wes~ line of Bayshore Drive; fl~ence Northerly along West line of Bayshore Drive to the southwesterly right-of. way line of U.S. 41; thence southeasterly along the Soulhwesterly right-of-way line of U.S. 41 to lhe South line of Haldeman Creek; thence Westerly ~long the Soulh line of Haldemen Creek to the r:ast line of the West one eighth ot' the Norlhwest quarter of Seclion 13; thence southerly along the East line of the West one eighth oflhe Northwest quarter o1' Section 13 to the South line o1' the Northwest quarter or Section 13; Ihence Westerly nlong [he South line oflhe Norfl~x~;'e~t quarter ol'Seclion 13 to the West line or Seclion 13; thence Sot~therly along the West line of Section 13 and lhe East line of Section 2:3 lo the South line o1' Section 22; Ihence Westerly along Ihe South line of Section 23 lo the Soulhwest comer o£Sect[on 2~ and the Point of Beglnnin~. EXECUTIVE SUMMARY PETITION SNR.97-12, BUTLER ENGINEERING, INC., REPRESENTING BILL SPINELU OF TITAN HOMES, REQUESTING A STREET HAME CHANGE FOR THE NORTHEASTERNMOST PORTION OF BRIARWOOD BOULEVARD TO TERRAZZO LANE, LOCATED IN BRIARWOOD UNIT FIVE, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner is requesting a street name change for the northeesternmost portion of the Briarwood Boulevard fight-of-way, located in the Briarwood PUD.' to Terr;~o Lane, CONSIDERATIONS: The Petitioner requests a street name change in order to correct an error on the recorded plat. The plat was intended to show Briarwood Boulevard continuing in an easterly direction and Terazzo Lane branching south off Briarwood Boulevard, then west, for about 2,000 feet before ending in a cut-de-sac; however, the plat incorrectly identifies this branch as Briarwood Boulevard instead of Terazzo Lane. The Petitioner has met both requlmments for requesting a street name change. The name does not duplicate an existing street name. Of the 37 platted restdent~ lots o~ the street in question, Briarwood Developrnent Corporation owns 28; of the remaining privately owned 9 lots, letters of no objection to this proposal have been received from 6 of the 9 homeowners, thus meeting the requirement that 50% plus one of the owners of property abutting the street in question grant their approval of the change. RSCAL IMPACT: Since this is a private street, the cost of new street signs wit be paid by the developer. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no Impact on the Growth Management Plan. APR 1 1998 BRIARWOOD BLVD I~tOPOS~D CHANQ~ l~orth~.~m'nmo~ ~ o/' Br~'t~xl ~n~l T~ Cou~ ~ or]~U7 intmded TERRAZZO LN APR 1 a. 1998 I~.COMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 97- 12, changing the name of the northeastemmost portion of Briarwood Boulevard to Term_ ~o Lane. PREPARED BY: I~b~ NIFO, AICP, ACTING CURRENT PLANNING MANAGER DATE DATE ROBERT J MULHERE, AICP, PLANNING SERVICES DIRECTOR DATE ERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES APR 1 ~[ 1998 1 2 '! 4 S I 14 1'; 20 24 '!4 35 34 40 42 4S 47 48 ~SOLUTION NO. 98- PORTION OF BRIAR#OOD BOULL~ARD TO 'TERRAZZO LANE", NHICH aT.ET ~S ~TE~ IN BRI~N~ UNIT 5 SUBdIViSION, IN $E~ION 31, T~SHIP 49 SOUTH, ~GE 26 ~T, CO~IER CO~Y, WHEREAS, the Board of County Co.n/ssionera is authorized pursuant to authority of Chapter 335.05, Florida Statutes, to name or rename streets and roads, except foe certain state roads; and WHEREAS, =he Board of County Co~lssionera hal b~en requested to confirm the renaming of the northeesternmost portion of Briarwood Boulevard to Terrazzo Lane. This street is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, Briarwood Unit 5 Subdivision, according to the plat =hereof, recorded in Plat Book 28, Page 48, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or shy similar sounding name; and WHEREAS, it is necessary for identification purposss to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of =he nor=haas=ammos= portion of Briarwood Boulevard hereby changed to Terrazzo Lane and is confirmed as such. BE ET FURTHER RESOLVED that this Re~olution be recordsd in the Public Records of Collier County, Florida, and no=ed upon the maps of street and zoning atlases of Collier County, and notations ~de on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: BOARD OF COUNTY COLLIER COUNTY, FLORIDA D~ZGHT £. BROCK, Clerk Approved aa to Form and Legal Sufficiency: M&r~orie M. Student Assistant County Attorney BY: APR...1 A 1998 Ch&iz~an C> SNR97-1 DIVISION OF COMMUNITY DEVELOPHENT STREET REQUEST TYPE OF REQUEST: Proposed Street Name: Street. Name Change: Address: Acreage - Section: .~1 Tounship: L/-q~.~ P~nge: c~(~,.~ __~ I RECO~ATI ONS: oO TO THE BOARD OF COUNTY CO}~4ISSIONERS OF COLLIER COUNTY, FLORIDA: }'OR THE FOLLO1~ING REASON (S): $IGNAIUR£ ADDRESS ~EG__AL,,D, ESC. o "' DAT£ a dgr-c:~ APR 1 4~.1998 DEVEI.OPMEI~T CORPORAllON Date: January 27, 1998 To: Collier County Planning Department Attention: Ross Gochenaur 2800 North Horseshoe Dr. Naples, FL 34164 From: Briarwood Development Corp. 3927 Arnold Ave. Naples, FL 34104 Re: Name change from Briarwood Blvd. to Terrazzo Lane in Unit #5 Briarwood Subdivision, Collier County FI. Dem' Ross, Please find enclosed a current Homesite layout for unit five of Briarwood. To date there are 37 homesites plated on Terra~o Lane, nine of which have been sold. Briarwood Development Co_~~ the balance of these homesites. I have enclosed letters of no objection from(five~½he nine homeowners as well as a letter from Briarwood Development Corp. who own'~8 of the homesites. Please implement the name change from Briarwtxxl Blvd. to Terra??o Lane as soon as cd~ssible. Thank you in advance for your cooperation. If you should have any comments or questions, please call me at 435-0301. Ke~Reed Vice President Briarwood Development Corp. cc Gar)' Butler/Butler Engineering SAL'ESKNDI'~FOR.'"~AT:OXC~XTI:R I~49t'IN'lAG[kA~4£ NAP'~$,FI. OIUDA34104 ~q1-64323~9 Tou~[~032~.4711 CORPOIla, TT OrTIC[ 392' AR~;OI.D N.'L~L'[ Ra, PL~-S trko1UDA ~4104 941.435.0301 t~a 9~1-~5-0258 APR 1 4 1998 77 :'56" APR ! 4~ 1998 jm~ll & Ann Brown 2, 8~r~e Gntdtn~ Ann & John Oz~kn 12 Qu~n Avo. ~ Pat~, NY 11754 John & Angda Dahike 7~13 FIh~ 11 lind 8addngen, Waii3ach 7419g Untert~ Frank I~¢em & Ann ~ G.F- & LV. Midwinter ~ Engl~d "ilN181BX ~ & E~in~ Mitch~l 180 Fore~ Cr~t ~ ~, MI 48390 23-A,$ 24..A-5 5g-B-5 21-A-5 57-B-5 58-B-5 ~oOAL AI~I~Bn 1982 Tec'ra2~ lane 1978 Terrazzo Lane 1974 Terrazzo Lane 2022 Terrazzo Lane 202B T~ Line I~ Tenlz~ L~ne 2014 Tentzzo Lime 2018 TiImzzo Llna COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION REQUESTING APPROVAL OF AN ORDINANCE AME'NDING ORDINANCE NUMBER 98-13, TO CORRECT A .~21tI3/~NER'S ERROR ATTRIBUTABLE TO AN OMISSION TO REFERENCE A MASTER PLAN A~ A PART OF TIKE DEVELOPMENT ORDER FOR THE ENLARGED FIDDLER'S CREEK LAND ~ AND TO MAKE SAID MASTER PLAN A PART OF SAID AMENDING ORDINANCE 1WtJMBER 98-13. To cotx~ a recent amendment to the Fiddler's Creek portion of the Marco Shores PUD because of an omisaion to both reference and include a Master Plan illustrating the permitted uses of land in the enlar~ area of Fiddler's Creek as part of the amending document. CONSIDERATIONS: When the Fiddler's Creek addition amending ordinance was submitted we realized at the time of its consideration by the Board of County Commissioners that the amending ordinance while adequately providing for an enlarged area of' 1,385 acres and the concomitant charges that were required to facilitate the added lands, nonetheless, neglected to include a provision acknowledging a Master Plan for the added ~rea illura'ating the allowed uses. Clearly testimony and exhibits entered into the record of the public heating addressed and illustrated a Master Use Plan for the added 1,385 acres more or less. Failure to provide for a Master Plan exhibit was clearly an inadvertent error. IqSCAL IMI~ACT: Non~. GROWTH MANAGEMENT: None. RECOMMENDATIONS: Staffreeommends 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 area to the Fiddler's Creek PUD. APR 1 4 1998 ~- DATE ACTING CURRENT PLANNING MANAGER, REVIEWED BY: ~,Og~tT I. MULItERE, AICP v~, ~- (~/~,-~. ~ ~-~'~ vmc~m' ,. cA~'~:~o, CO~t~l~ ~:v. ~ ~XV-laO~'~vn~xr~ svcs. HDD~'S CREEK scRrv'ENEP-,'S EP, ROI~ EX SUMMAR. Y/md ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NO. 98-13, WHICH AMENDED THE F~RCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT ("PUD") ORDINANCE, TO CORRECT A SCRIVENER'S ERROR IN SECTION THREE BY ATTACHING THE REVISED PUD MASTER PLAN AS EXHIBIT "FC-A~: LOCATED IN SECTIONS 11, 13, 14, 15, 18, 19, 21, 22, 23, 24, 26, 29 & 33, TOWNSHIP 51 SOUTH, R~GE 27 EAST A~$ SECTIONS 13, 14, 15, 21, 22, 23, 24, 27 & 28, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING FOR AN EFFECTIVE DATE. APR 1 A 1998! l WHERF~S, the Collier County Board of County Commissioners adopted Ordinance No. 9~-13, on February 24, 1998, and WHEREAS, following said action adopting Ordinance No. 98-13, staff was advised that Section Three was in error because of the failure to reference the revi~ed PUD Master Plan and to attach said Master Plan to the Ordinance and their correcticn constitutes a scrivener's error. NOW, THEREFORE 5£ IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: S~RIVENER'S ERROR ~MENDMENT Ordinance Number 98-13 which amended the Marco Shore/Fiddler's Creek Planned Unit Development is hereby amended to correct a Scrivener's error as follows: SECTION THREE: ~MENDMENTS TO PROJECT DEVELOPMENT SECTION Section II entitled "Project Development" of Ordinances ntnnbered 84-42 and 96-74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project site plan, including layout of streets and land of the various tracts, is illustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30, Fiddler's Creek. The development tracts are illustrated individually and each development tract includes land uses. A sununary of the land uses in each development area is sum;narized on the table below. I Worda~ruck throq~h are deleted~ words ]Jnder!i~ed are added. illustrated as lakes on the site development plan ~ B. Areas shall be constructed as lakes and the interconnecting waterway systems. In Unit 24, these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate County and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. C. In addition to the various areas and specific items shown in the development site plans, such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. D. The PUD Master plan for Fiddler's Creek Exhibit 'FC-"A"~ which includes the Fiddler's Creek Additionr. this Exhibit supersedes =he Marco Shores Master Plan Exhibit 'A" and previous Exhibits labeled 'FC-A"), is attached hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit 30) are Included in the Land Use summary below. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY A~OPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chalrman Approved as to Form and Legal Sufficiency: Marj~rie M. Student Assistant County Attorney APR 1 4 1998 Words struck =hroueh are deleted; words underlined are added. i APR 1 ,~ 19§8 EXECUTIVE SUMMARY PETITION NO. CU-97-26 TERRANCE KEPPLE REPRESENTING JOHNATHAN BURT REQUESTING CONDITIONAL USE APPROVAL FOR CONDITIONAL USES 19, 20 AND 23 TO ALLOW A SPORTS INSTRUCTIONAL SCHOOL AND CAMP/SPORTING AND RECREATIONAL CAMPS/CULTURAL, EDUCATIONAL OR RECREATIONAL FACILITIES IN AN AGRICULTURAL AND AGRICULTURAI. JSPECIAL TREATMENT DISTRICT OVERLAY ZONING DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD APPROXIMATELY 600 FEET WEST OF ITS INTERSECTION WITH LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The applicant wishes to establish a sports instructional school and camp in order to teach classes for aerobics, yoga, various types of indoor recreation, lawn bowling, and croquet. The applicant also desires, in the future, if necessary, to temporarily house on site, out-of-town instructors or camp participants. CONSIDERATIONS: The site has 387.58 feet of frontage on Pine Ridge Road and 724.11 feet ofdepth for a total site area of 5.10 acres. The western 1/3 of the site, from the Pine Ridge Road right-of-way north, up to and along the rear property line consists of jurisdictional wetland area. The proposed buildings and parking lot are located on the eastern 2/3 of the site. The proposed site plan indicates a phased type of development scenario in which initially, recreational type of uses will be housed in a 5,000 - 10,000 square foot building. Future phases include the addition of two (2) buildings to house recreational uses, and parking as required. At buildout there will be a maximum of three (3) main buildings, three (3) cabin structures, and two (2) accessory structures for a total building square footage of approximately 38,000 square feet. Access to the site is planned via a single driveway entrance located offPine Ridge Road, leading to a parking area and pick-up/drop-off driveway. The site plan shows the possibility of a future interconnect at the north endof the subject site's parking lot with the south end of The Community School's eastern parking lot. The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staffcvaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: Properties immediately abutting the subject site are generally similar to or mo than the proposed use. 'e intone in r~:~t~lre APR 1 4:1998 The properties to the north, east and west are zoned Agricultural. The proposed use is similar to and compatible with the existing recreational facilities to the west. The site will be buffered somewhat by design from the existing school facilities to the north and the retail nursery usc to thc east, although there is relatively little associated with these uses which could be deemed to be incompatible to the proposed use. CONS: Although competitions or special events held on the site may generate additional traffic or ~-'tlvity, the proximity of the site to residential land uses is such that the impact should be minimal to these areas. Any special events which occur on site will be required to obtain a Temporary Use permit. This permitting process will address the impacts of additional parking and traffic concerns prior to or as a condition of permit issuance. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTlt MANAGEMENT IMPACT: Future Land Use Element: The subject site is designated Urban - Estates/Mixed Use on the Future Land Use Map of the Growth Management Plan. This district permits residential and non-residential ,uses, including recreation and open space type of uses. The Land Development Code establishes a procedure which may result in approving a development order for spoils instructional schools and camps, sporting and recreational camps and cultural/recreational facilities in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. T_raffic Circulation Element: The IrE Trip Generation Manual indicates that the proposed use will generate 171.4 trips on a weekday for phase one and 514.2 trips on a weekday for phase two. Based on this data, the ~t¢ generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on the adjacent road system. This petition will not lower the level of service below any adopted LOS "E' standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element orca). The TCE lists Pine Ridge Road as a 4-lane arterial road. The current traffic count is 38,224 and it is operating at LOS "C". It should be noted that this segment is projected to be deficient by 1999. Therefore, road improvements to 6-1ane this segment are required for concurrency purposes. This segment is scheduled to be completed by 2001. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: At the March 19, 1998 Planning Commission meeting, a motion was made to forward a recommendation of approval to the Board &County Commissioners for lhe requested conditional use, subject to the stipulations in the resolution of adoption. PREPARED BY: IPAL PLANNER R(~'$~b F. ~N~, AICP, MANAGER. CURRENT PLANNING SECTION R. OBE~T J. MULHERE, AICP, DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DMSION ,S-22 -9o° DATE DATE DATE DATE Petition Number: CU-97-26, Sports Instructional School NOTE: This Petition has been tentatively advertised for the April 14, 1998 BCC meeting. 10 APR 1 4 1998 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: AGENT/OWNER: Agent: COLLIER COUNTY PLANNING COMMISSION SUSAN MURRAY, PRINCIPAL PLANNER MARCH 2, 1998 PETITION NO: CU-97-26 Sports Instructional School and Recreation Camp Terrance L. Kepple Kepple Engineering 3806 Exchange Avenue Naples, FL 34104 Owner; Jonathan Burr 733 Riviera Drive Naples, FL GEOGRAPHIC LOCATION: The subject site is located on the north side of Pine Ridge Road, approximately 600 feet xvest of the intersection of Livingston Road and Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. 12EOUESTED ACTION: The applicant is seeking to obtain approval for Conditional Uses 19, 20 and 23 (Sports Instructional Schools and Camps; Sporting and Recreational Camps; Cultural, Educational or Recreational facilities and their related modes oftxanspo~g participants, viewers or patrons where applicable, subject to all applicable federal, state and local participants, respectively) in an Agricultural "A' and Agricultural Special Treatment overlay "ST" zoning district. PURPOSE/DESCRIPTION OF PROJECT: The site is an irregularly shaped rectangular parcel, presently undeveloped, and located on the north side of Pine Ridge Road. It has 387.58 feet of frontage on Pine Ridge Road and 724.11 feet of depth for a total site area of 5.10 acres. The western 1/3 of the site, from th: Pin~ fight-of-way north, up to and along the rear property line consists of jurisdicl onal wetland area. APR 1 & 1998 - Prelmmary $~ Plan CU-57 -26 The proposed buildings and parking lot shown on the conceptual site plan are located on the eastern 2/3 of the site. The proposed site plan indicates a phased type of development scenario in which initially, recreational type of uses will be housed in a 5,000 - 10,000 square foot building. Future phases include the addition of two (2) buildings to house recreational uses, and parking as required. At buildout there will be a maximum of three (3) main buildings, three (3) cabin structures, and two (2) accessory structures for a total building square footage of approximately 38,000 square feet. The applicant indicates that thc proposed uses will include instructional classes for aerobics, yoga, various types of indoor recreation, lawn bowling, and croquet. The applicant indicates there may be a future need to temporarily house on site, out-of-town instructors or camp participants. The cabins, as shown on the submitted site plans, are planned for this purpose. Access to the site is planned via a single driveway entrance located off Pine Ridge Road, leading to a parking area and pick-up/drop-off driveway. The site plan also indicates the possibility of eventually interconnecting the north end of the subject site's parking lot with the south end of The Community School's eastern parking lot. SURROUNDING LAND USE AND ZONING: Existing conditions: The site is currently undeveloped. The western 1/3 &the site is comprised of jurisdictional wetland areas. The site is zoned Agricultural (A) and Agricultural with a Special Treatment (ST) overlay. Surrounding: North- Agricultural South- ROW; PUD East- Agricultural West- Agricultural School, Private: The Community School Pine Ridge Road fight-of-way; Multi-family Retail Plant Nursery Sports Instructional School and Camp GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Golden Gate Estates Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential type of land uses and essential services, parks, open space and recreational uses. The Land Development Code establishes a procedure which may result in approving a development order for sports instructional schools and camps, sporting and recreational camps and cultural'recreational facilities in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will general weekday for phase one and 514.2 trips on a weekday for phase two. Based o 171-4 tl4n~: nn ? 1 APR 1 4 1998 / generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on the adjacent road system. Furthermore, this petition will not lower the level of service below any adopted LOS "E" standard within the project's radius of development influence (RI)I). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Pine Ridge Road as a 4-lane arterial road. The current traffic count is 38,224 and it is operating at LOS "C'. It should be noted that this segment is projected to be deficient by 1999. Therefore, road improvements to 6-lane this segment are required for concurrency purposes. This segment is scheduled to be completed by 2001. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. O~ther Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. HISTORICIARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depa~iment contacted. INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staffhas coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed and use change, be they positive or negative, culminating in a staff recommendation based on overview. The below listed criteria are specifically noted in Section 2.7.4.4. Development Code thus requiring staff evaluation and comment, and shall be 3 ased as the basis APR 1 4. 199B - I for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staffreview are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Urban/Mixed Use Residential designated areas in the "A" Agricultural zoning district, which provides for the requested uses as conditionally permitted uses. be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and/or catastrophe. Pro: Access to the site will be provided from a driveway entrance located offofPine Ridge Road. The addition of a driveway entrance should not have a negative impact on traffic flow or access, provided a westbound fight-hand turn lane fi.om Pine Ridge Road is constructed. Presently, no median opening exists at the proposed driveway entrance. East bound traffic on Pine Ridge Road may U-turn at Livingston Road in order to head westbound. Should construction of the proposed interconnect between the subject site and the property to the north occur as shown, access to the site could also occur directly from Livingston Road. Also, the proximity of the site to residential development and the neighboring private school, may generate pedestrian traffic to the site in lieu of some of the vehicular traffic. Con: None. Summary Conclusion: Ingress and egress should not be problematic provided the applicant provides a westbound right turn lane in accordance with County design standards. 4 APR 1 4:1998 The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Noise generated by the proposed use will be minimal. The m~jority of the planned activities will occur indoors. The residential development south of the subject site will be buffered from any noise or activity occurring on the site by the Pine Ridge. Road right-of- way and required building setbacks. The retail nursery land use east of the site, and the private school north of the site, will more than likely generate higher levels ¢ fnoise and activity than will the subject site due to the outdoor nature and amount of activity which occurs on both properties. Con: Increased traffic volumes and higher levels of activity may occur should the proposed use include competitions or special events. Summary Conclusion: Properties immediately abutting the subject site are generally similar to or more intense in nature than the proposed use. Although competitions or special events held on the site may generate additional traffic or activity, the proximity of the site to residential land uses is such that the impact should be minimal to these areas. Any special events which occur on site will be required to obtain a Temporary Use permit. This permitting process will address the impacts of additional parking and traffic concerns prior to or as a condition of permit issuance. Compatibility with adjacent properties and other prop.tiT in the district. Pro: The properties to the north, east and west are zoned Agricultural. The proposed use is similar to and compatible with the existing recreational facilities to the west. The site will be buffered somewhat by design from the existing school facilities to the north and the retail nursery use to the east, although there is relatively little associated with these uses which could be deemed to be incompatible to the proposed use. Con: None. Summary Conclusion: The surrounding land uses are very similar to if not more intense in use than the proposed use. The addition of the proposed use should not be detrimental to surrounding properties and due to the nature of the surrounding uses, could be deemed to be highly compatible to adjacent properties. STAFF RECOMMENDATION: Staffrecommends that the Collier County Planning Commission recommend approval of Petition CU-97-26 for Conditional Use(s) 19, 20, and 23 - sports instructional schools and camps, sporting and recreational camps, and cultural, educational or recreational facilities, of the Agricultural (A) zoning district as described in the Resolution of Adoption and Exhibits, and subject to the stipulations attached hereto. ,o. APR I 1998 PREPARED BY: CIPAL PLANNER RbNALD F~ NI~U, kICP INTEREvi CURRENT PLANNING MANAGER DATE DATE PLANNING SERVICES DIRECTOR VINCE~ A. CAUTERO, AICP, ADMDCISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRON. SVCS DMSION Staff Report for the March 19, 1998 CCPC meeting. NOTE: Tentatively scheduled for the April 14, 1998 BCC meeting. COLLIER COUNTY PLANNIN,~MMISSION: MICHAEL A. DAVIS, CHAIRPE~ON 6 APR 1 4, 1998 L.__"~- /! ._.. COLLIER COUNTY AppLICATION FOR CO~;DITIONAL USE REQUESTS Bryan Milk PETITION NO. COORDINATING PLANNER: Kepple Engineering PHONE: 403-1780 APPLICANT NAME (AGENT): Terrance L. Kepple, _ - APPLICANT ADDRESS: 3806 Exchanqe Ave. Naples, FL 3~104 PROPERTY O~;ER (PETITIONER) NAME AND ADDRESS*:_Jonathan Burr PHONE: 262-8104 733 Riviera Dr. Naples DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 12 TOWNSHIP: 49 S RANGE:_25 E ~ attache-h~O- i PROPERTY I.D. #: SIZE OF PROPERTY: 724' FT. X 350' FT. ACRES: 5.] GENERAL LOCATION ~4D ADDRESS OF SUBJECT PROPERTY:_Pine Ridge Ed. 6 0' west of Livin ston Rd. ZONING OF SUBJECT PROPERTY:_ A EXISTING I~kND USE:_ vacant TYPE OF CONDITIONAL USE REQUESTED:---~9-r-~--~ ADJACENT ZONING AND LAND USE: ZON I NG N A-CU S PUD/RW E A-CU .. W A-CU LAND USE Commun%t¥ Schoo~ Pine Ridge Rd. -1- APR 1 4 1998 NOTE: Staff recommendation to the Planning Commission an~ the Planning commission recommendation to the Board of zoning Appeals shall be based upon the following criteria. Please respond to the following criteria: Is this request consistent with the Land Development Code and Growth Management Plan?_ yes Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Drive access from Pine Ridqe Rd. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Recreational uses would have no~ffect on adjacent prop~rt~e~. N & W are similar uses, East is landscapm nurmmry w./295' VPL easement adjacent to this property Compatibility with adjacent properties and other properties in the district. Adiacent properties are of s~milar uses SI~}ATURE OF p~.TIA~6NER OR AGENT bATE/ -2- APR 1 A 1998 ~-ay that'I am %h~o~ner o( the property described herein and the cub)ect matt,:r of the proposed hearing; that all the ans questions in this aI~plicntion, and all ~ketches, data and ot supplementary mater attached to and made'a part of this appl are honest and true to the best of my knot;ledge and belief. understand this application must. be completed and accuratg. he~rin~ can be advertised. I £urther permit ~F/'F/~' /~/. _ ~. (ACENT, S ~N to act as my representative in any matter-"- regarding this pe State of Ylorid4 County of Col) it:r " 0 he £ozu¢loiuq ArlL'Cem,:nt Sheet was acknow.ledged.before -- - ..- _ fi~Z_ i~e og'~o has ~roduCed~l~/~ persoga~y Known to i, . identification al~d uho did (did/not/ake al,~ . ~gna tu~e of ~% ~n~ ~"~ ~OTA~Y PUBLIC '~7/'}~ ' '~~'""'~"~ My COmmission Expires: -1- eposs and which is wers to the her ication, . tition. this who is as L PR 1 4 1998 .03/0~/~SQ8 Id:SG e~1403~787 PAGE: e2 3806 I=xchonge Aver~ue · Naples, Florida 34104 Sman M. ur~ Pl~nin8 Services 2~ N. Ho~ ~. Napl~, ~ 341 ~ · (941> 403-1780 · Fox (941> 403-1787 Mnrch 2, 199~ Re: CU-97-26 Pine Ridg~ Sports Inst. School In accordance with our conversation, the following prdiminary project phasing/scheduling is proposed, however, plesac be advis~l that it is preliminary and changes may occur due to economic and pc-rmining rtatuireme~ts. Phnae 1. Start- year 1998 1.5,000- I0,000 sfbutlding w/required pazking 2. ~ers/owncra a;m'macnt 3. Wirer manag~m~rt 4. Acca:~ to Pine Ridge Rd. ~. Required ar. cessory construction 6¢: septic system) Phase 2, Start- y~r 2003 1. Adflit/or~l 5,000 - 10,000 sfbuilding w/roquir~ pazking 2. Required accessory comtngtion 3. Rcquirr. d site work Phl~ 3, Start- year i. Fi~l bm'ldin~ (ifreq&r~) 2. Participant cabins: for instructors and stude~ 3. Final s~ work The prt,pos~ m to thc C. omm~ S~hool would oaly oozur ~poa ~ppro~ ~ both pmtgavj' owners and provisions to control "~ut-thm" I trust this information will assist in your review of tiffs proje~ lfyou have a.,ay qu~i~ pl~ase call. T~'rance L. Ke~I¢, P.E. ~!~ En~g, Inc. APR 1 1998 3806 Exchange Avenue ., ..~,,p i~jll1. ~J~b ,'~ .... '. ',-. ";3 "; LA,~. ,., ,.~., ~._'-:~',,::~.~ Naples, Florida 34104 * (941) 403-1780 · Fax (941) 403-1787 Conditional Use Application Pine Ridge Sports Instructional School and Recreational Camp Proposed uses are for recreational spot'ls and thc inslruction of various types of sports. Typical uses, including but not limited to: 1. Exercise classes 2.. Physical fitness/equipment 3. Yoga classes 4. Karale classes 5. Lawn bowling 6. Croquet APR 1 1998 4 $ 6 '7 9 ~0 ~2 13 14 16 RESOLUTION 98-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SPORTS INSTRUCTIONAL SCHOOL, RECREATIONAL CAMP, AND CULTURAL, EDUCATIONAL OR RECREATIONAL FACILITIES CONDITIONAL USES 19, 20 AND 23 IN THE ~A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 17 WHEREAS, the Legislature of the State of Florida in Chapter 1S 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has [9 conferred on Collier County the power to establish, coordinate and 20 enforce zoning and such business regulations as are necessary for the 21 protection of the public; and 22 WHEREAS, %he County pursuant thereto has adopted a Land Development 23 Code (Ordinance No. 91-102) which includes a Comprehensive Zoning 24 Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of O 26 Conditional Uses; and 27 WHEREAS, the Collier County Planning Commission, being the duly 28 appointed and constituted planning board for the area hereby affected, 29 has held a public hearing after notice as in said regulations made and 30 provided, and has considered the advisability of Conditional Uses 19, 20 and 23 of Section 2.2.2.3. in an "A" Rural Agricultural zone for a 32 sports instructional school, recreational camp, and cultural, educational or recreational facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance wi:h 37 Subsection 2.7.4.4 of the Land Development Code for the Collier County 38 Planning Commission; and 39 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having 4! considered all matters presented. -1- APR 1 4. 1998 ~¢OL'~r~ BY "' I NOW, THEREFORE BE iT ....... THE BOARD CF ~OdIJG APPEALS cf 2 Collier County, Florida that: 3 The petition filed by Terrance L. Kepple of Kepple Engineering 4 representing Jonathan Burr with respect to the property hereina'" 5 described as: 7 Exhibit "B" which is attached hereto and incorporated by $ reference herein 9 be and the same is hereby approved for Conditional Uses 19, 20 and 23 of 10 Section 2.2.2.3. of the "A" Rural Agricultural zoning district for a !1 sports instructional school, recreational camp, and cultural, 12 educational or recreational facilities in accordance with %he Conceptual 13 Master Plan (Exhibit "C") and subject to the following conditions: 14 15 Exhibit "D" which is attached hereto and incorporated by 16 reference herein. 17 BE IT FURTHER RESOLVED that this Resolution be recorded in :he 18 minutes of this Board. .t.r motion, second and majority vote 19 This Resolution adopted a' ~ · ~0 Done this day cf , 1998. 21 22 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 26 BY: BARBARA B. BERRY, Chairman 29 ATTEST: 30 DWIGHT E. BROCK, Clerk 31 32 34 Approved as to Form and Legal Sufficiency: Mar~c~ie M. S~u~ent 38 Assistant County Attorney 41 -2- APR 1 4:1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-26 The following facts are found: Section 2.2.2.3.19, 20 & 23 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 No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/& egress Yes ~-' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: &,'No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use wit~i~,~istrict Yes ~'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~a~~) be recommended.~or approval . Exhibit A Exhibit B A tract of land in Section 12, Township 49 South, Range County, £1orida, more particularly de~cribed as follows: ' '. The Kas~ Hal~ o~ ~he Sou~eas~ ~uar~r o~ ~he ~ou~heas~ ~u~e~; ~tll ~hl the ~ou:heas: Quar:er of the Southeas: Quarter, Less :he Wes= 100 feet, t~e 5.8~ acres ~escribed In O. R. 13~7/111{ and 1762/la71, and the South 75 f~= for right-of-way. V-97-26 APR 1 & 1998 .~,_ ,:;to __ II CU-97-26 Exhibit D Subject to the following conditions: 1. A westbound right turn lane shall be required along with compensating right-of-way in accordance with Ordinance 93-64. 2. 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. 3. The County reserves the right to resu-'ict and/or modify the location and use of median openings in accordance with Resolution 92-422, Collier County Access Management Policy, as it may be amended fi.om time to time, and in consideration of safety or operational concern. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim ofdamages due to the presence or absence of any median opening at any point along any road fi.ontage of this project. 4. Permits or letters of exemption fi.om the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site development plan approval. 5. 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. 6. An exotic vegetation removal, monitoring, an maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Current Planning environmental staff for review and approval prior to final site development plan approval. 7. The building(s) shall comply with Section 2.8 of the Land Development Code - Architectural and Site Design Guidelines and Standards for Commercial Buildings and Projects. 8. The proposed cabins on the submitted site plan shall not be made available for any type of continuous rental through the use of any type of lease agreement or other legal documents which sanction, authorize or approve rental or occupancy of the dwelling units. They are intended to function as short term overnight or weekend housing for out-of- town instructors, exhibitors, judges, camp participants and the like, specifically associated with the use of the instructional school or camp. APR 1 1998 E, ×ECUTIVE SUMMARY REQIIEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "MAJESTIC PINES~ To grant final acceptance of "Majestic Pines" CONSIDERATION: On November 3, 1992, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Majestic Pines". The roadway, drainage, water and sewer improwements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Trar~portation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT,: None APR I 1998 Executive Summary Majestic Pines Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Majestic Pines" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere Planni~~ices Director Vincent A. Cautero, ~dmin:i. strator Co.-,~nity Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date SI'FF_- o :....' - - $ 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 48 49 51 52 55 57 59 RESOLUTION NO. 98- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER. IMPROVEMENTS IN MA3ESTIC PINES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER. IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November I I, 1992, approved the plat of Majestic Pines for recording; and \VHEREAS, the developer has cons~cted and maintained the roadway, drainage, water and server improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and W'HEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and r~lease of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Majestic Pines, and authorize the Clerk to release the malntenanc~ security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that am not r~quired to be maintained by the homeowners association. This R~solutioa adopted ~$~er motion, s,'~nd and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIE~ COUNTY, FLORIDA B~ARAB. B~Y, CHAIR,MAN Approved as to form and legal aufT~ci~ncy: lte'[di F. Ashton Assislant Collier County Atlomey APR 1 4 1998 EXECUTIVE SUMMARy, THE BOARD OF COUNTY COMMISSIONERS APPROVE THE PERFORMANCE AGREEMENT FOR A SIXTY THOUSAND DOLLAR ($60,000) RENTAL REHABILITATION LOAN TO COMMUNITY HOUSING PARTNERSHIP OF COLLIER COUNTY, INC. ~ To have the Board of County Commissioners approve the Performance Agreement for a sixty thousand dollar ($60,000) rental rehabilitation loan for the Community Housing Partnership of Collier County, Inc. CONSIDERATION: The State Housing Initiatives Partnership [SHIP] Housing Assistance Plan (a three year plan) was approved by the Board of County Commissioners on April 18, 1995. Under the Rental Rehabilitation strategy of'this plan, $60,000 has been set aside in the SHIP Fund, Fund 191, for a low interest loan to renovate apartment units at 4948 Biscayne Drive in East Naples. The money will be loaned at 5% per annum. The property is a twelve unit complex that will provide affordable housing to very-low income households. Executed copies of the mortgage and promissory note are attached to the Performance Agreement. FISCAL IMPACT: Approval of this Performance Agreement will grant a $60,000 loan to the Community Housing Partnership of Collier County, Inc. Interest on the loan shall be 5% per annum. Principal payments shall be deferred for two years and interest shall be accrued and capitalized on the unpaid loan balance. Total monthly payments shall be $462.79. Fund 191; Cost Center 138785. GROWTH MANAGEMENT IMPACT: This loan will provide very low income rental assistance as referred to by Objective 3 of the Housing Element in the Collier County Growth Management Plan. RECOMMENDAT] attached Perform/~,~ PREPARED the APPROVED BY: hat the 13oard of County Commissioners approve /____ ~"- Date: ~'.~/.?,:~ Dcpa~mcn ~ ~ng a~d U~an lmp~nt ~=g ~li~Vi~or ~~Housin~~n ,mp~t Vinci A. ~ero, MCP, Adminiamtor APR 1 4 1998 _ PERFORMd%NCE AGREEMENT Rents1 Rehabilitation Program T}{IS PERFO~ANC£ AGREEM£NT, made and entered into this 4th day of March, 1998, by and be=ween Community Mousing Partnership of Collier County, Inc.,(Developer), :ts successors and assigns, party of the first ~art, and Collier Coun:y, a political sub- division of the sta=e of Florida, party of the second part, WITNESSET~: WHEREAS, the party cf the first part, has applied for and received a Rental Rehabilitation Loan through the Department of Housing and Urban Improvement, Collier County, Florida; and, W}{EREA$, the proceeds of said loan shall be applied toward :he rehabilitation of certain imprc'.'e~en~s lscate~ :n Collier County, Florida, more par=Icular!y ~e$cr~Zed ~elcw, which property shall be used for resldentla! rental 7ur~zses uncer :he terms and conditions described herein; and, W}{EREAS, the purpose of the above-mentloned loan, as evidenced by the promissory note and mortgage executed this date, and the restrictions and covenants set forth herein is to rehabilitate property in Collier County, Florida which will provide decent, safe, and sanitary housing, ~rlncipalty for the benefit of low to moderate income persons, :na ncndlscriminatory manner, and therefore; the uarty cf the f~rst part recognlzes, covenants and agrees that the restrictions se: forth herein shall be adhered to during the stated term regardless of the satisfaction of the promissory note and mortgage and note executed herewith or any other liability which the party of the first part may have the party of the second part. NOW, THEREFOR, the party of the first part does hereby acknowledge the facts and purposes under which these restrictions are executed as described in the preamble hereinabove set forth and does furthermore incorporate said facts and conditions as if set forth herein in full; FURTHE~MOR£, the party of the first part does hereby additionally acknowledge, covenant and agree, for himself, herself, or i:self, his, hers, or its heirs, successors and assigns, to the conditions and restrictions set forth as follows: 1. The Developer shall not for a period of fifteen years, beginning on the date which the rehabilitation of the units in the project is completed, discriminate against prospective tenants on the basis of their children or eligibility for housing assistance. In the event that such discrimination does occur, the party of the first part shall be subject repayment of the entire unpaid Rental Rehabilitation Loan amount, and payment of all attorney's fees and court costs incurred by the party of the second part for collection of the same. 2. The Developer agrees that it shall not sell any of the 1ndividual rental units rehabilitated with Ren:a! Rehabi!i:ation Loan funds for at least (15) years beginning on the date on which the rehabilLta:ion of the units in :he pro~ec: is completed. In :he event of such a sale, the party cf :~e f:rs% Fart shall be Loan amount, and payment of ai~ attorneys fees an5 r~_r: :ncurred by the party of the second ~ar: for collect:ch cf same. 3. The Developer agrees that ~t sk~il des:snare :he (12) unit apartment building as very low income. 4. The monthly base rent for the affordable units may be ~ncreased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (i/12) of 30 percent of an amount which represents 50 percent (for very low :ncome), of the applicable median adjusted gross annual ~nccme for /he househol~ as published annually by the U.S. Department of Mous:ng and Urban Development for the area defined as the Naples Metropolitan Stacistical area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a very low income family shall no: exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. 5. For the purposes of this Agreement, the ~edian income of :he area as defined by the U.S. Department of Housing and Urban Development (MUD) shall be the ~hen current median income for the APR 1 4 1998 Naples Metropolitan Statistical Area, established per!odlcally I~D and published in =he Federal Regis=er, as ad,us:ed '~ family · -.. the tables attached here~: As A:cend~x A, slze as shown £xhibi: A, which shall be adlus~ed from accordance with any adjustments ~ha= are authorized Zy HUD or any successor agency. In :he event that KLC ceases to publish an established median income as aforesald, the par:les hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median 6. No affordable housing Un~= :n ~he de..'elcp-.en= shall be rem:ed to a tenant .whose household :r.r:-e has n~: ..e.. and certified in accordance wlth thcs Agreerent as a very income family. Tenan= ~nccme verlfica:~=n and sert~f:catlon shall be repeated annually to assure continued e!lg~blllty. 7. The developer shall obtain writzen verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire hcuseho!d). The most recent year's federal ~ncome tax return for the po~entla! occupants (includ:ng the entlre h=usehclJ --5':' Ze 2sed f:r the purpose of income verlflca=lcn, which ln~i'a/es a s~_t_m.n= of release information, tenant .~icaticn of the return, and a signature block with the date of application. The verification 1 ... o.ma shall be valid for 90 days, the '-' ~ '''' may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this ti~e, a new verification form must be completed. 8. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of :he head of household and all o~her occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; [v) the use of the premises; APR 1 4 1998 (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with %his Agreemen~ may be conducted by the Housing and Urban Improvement Director. 9. The party of the first part shall ~rovide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The report shall be filed on or before September 30 of each year and the report shall submitted by the Developer to the ~ousing and Urban improvement Director. Failure tc complete and sub,,it the mon~torlng report tc =he Hcus~n? and Urban improvement wlthln slxty (6C! da.:'s from ~he i-~e date ~nail re~'.:ii ~n penalty of up to ($50.CC) ~er day unless a wrltten extenslon no: to exceed thirty (30) days is requested pri~r to explratlon of the sixty (60) submission deadline. No more than one extension may be granted in a single year. The progress and monitoring report shall be in a form provided by ~he Housing and Urban Improvement Director. 10. No affordable Unit in any bu~!dlng ~- st ...... e on the property shall be cccupied by the :e..'el:.~er, any Fe:'scn related to or affiliated with the Developer, -- ~" a resident r. ana~er. 11. The Developer hereto acknowledges uhau the 2~rec=or of Collier County Housing and Urban Improvement or hms designee shall have the authority to monitor and enforce Developer's obligations hereunder. 12. These Performance Agreement Covenants and restrictions shall run with the land for a term of fifteen (15) years as stated herein above from the date of comple:ion of rehabilitation of all units in the project and the purpose of this paragraph is to insure that all subsequent purchasers and/or assignees are bound by these restrictions unless the promissory note and mortgage executed herewith are fully satisfied. / APR 1 4 1998 13. Provisions of this Performance A;reemen= shall be enforceable by the party of the second part by injunctive and/or other appropriate relief. 14. The prcpertie$ against which this Perfcrmance Agreement shall apply is addressed as 4~47 ~i~ca'.'ne 3rL'.'e, ::a=le~, Florida and is particularly descri~e~ az fcilcw~: ~iA?iES SiUTH UNIT 16 LOTS 11 & 12 OR 826 PAGE 652 A?:R -'":'iAL X.:.i:'F .... AFT Al OR 826 PAGE 652 AHD TROPICAL MANOR CO::EO APT A2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT BI OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT B2 OR 826 PAGE 652 AND TROPICAL ~:ANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANCF CO::DC APT C2 OR ~26 PAGE 652 AND TRCFiCAL >:.:-.:;DF CC::3C AFT 31 ,'F -.".: .".:-.7.~:_-~~. i..~:..~._.-_.:Z_?_.'iA.__~'- ., ...... R CO,':UO "- ~i ~.--_.~,:<.._.--.i-.':.~:_'::. ",' :.'_' L: '3-. ".."'.' :'i o~ 82~ P~.G-" ~.:~ ............. -'.'-. '- _.'"..'-.2: ~ ~' =L :_ ~ -':f .... :'_~3.~_ii-:.::- IN WITNESS WHEREOF, %he uarties ha...=- ~:-:=-c'~".ez :t.~s agreement on the date and yea: first written above. APR i A 1998 _ pr2.nt ~fness s~gna~ure ~anes.~a ~z, pr~den~, Com,'~unity Houei.n~ par~nershiP of collier County, Inc. State of Florida County of Collier in Performance Aoreement was acknowledged The forego g _ L Cc~ .... ~'Y Housing before me by Vanessa Fitz, Pres::en:, ' ......... :nershi of Collier County, Inc. p.~r~nAl3.Z ~D~w~ ~-~q or who Par P as iden~f~c&::on. produced WXTNE$$ my hand and official seal %h~s ~ day of ~/~ ~,~ ~.~ , 1998. (affix notary seal) / // My Commiss:cr. -Expires DATED: ATTEST: Pwigh~ E. Brock, Clerk BOARD OF COUNTY CO~:MI$$IONER$ COLLIER COUNT':', FLCRIDA By: Barbara B. Berry, Chairma,, . e· Leqal Address: P H NIT K T 11 I A PT 1 PA N T N PI A N AP T I A MAN R N APT R 8 PA PT 1 P A TR PI A p AN T IA M R N P AN P A MAN R N APT D A AN N N PT 1 6 PA AN T PI ~,ONOO APT E2 OR 826 PAGE 65?.. APR 1 4 1998 APR ! 4 1998 "' mor',E,,1.~c ferm C) SECO~ MORTGAGE CGmmunlty Housing Pa~netsht~ ol Collie~ County, Inc. AS ~c'e D~ C~ ~' V ~scr ~ec O~ ~'~ 'A' I~ w~,C~ his ~ I~'~% ~ BOR~O%';E~ COVE~¢ar4Ts that Bo~r ~ ~y s~Z~ ~ ~ ~tI~ U)~IKORM COVEnAnTS 8o, rc~r a~ Le~er c~ant I~ ~ Is f~ ~oreg~ng. to--rd tO ).~=~ m~ee e~e~e of s~h ~,s Sec~ ~s~e~t ~ ~e~e, dete~ ~ any ~ ~ ~ P~ ~ I~t ~ m ~n S~ Inset. L~:e' may g~ 8~tM I ~ ~ ~ ~fl ~ S~l ~fy S. Hazard or ~o~ Insutlnce. B~ ~ k~p ~ ~ ~ Un~s tee~e' a~ B~t~r m~e ~ ~ ~, ~ce ~ ~1 I. ~upiflcy, Prtse~m~ MI~ ~ ~ M ~ ~ I c'e.?~?~ ~f ~e yea~f ~;z;t ,-s~'a':e Cee~'u~ ~;"G pl~ ~ ~ ~ ~l ~su'a~e c~'l~ la~ed ~ ceas~ t~ :'e 1:ti: a~~t ~ ~e s~s secu'~ ..--~a~e¥ ~'~e ~ ~. d~ed ~ (b) ~ fa' ~a'~et v~ ~ ~ Pr~ 11. Bo~o~r Not Released, Forbearlnce By Lender Not I Wi~er. E~e~s~ ~ ~e ~ f~ ~ ~ Banff thai ~ o~'a~e ~o reteas· ~e kl~ Of I~ ~ll B~ ~ B~S S~CflS~S ~ ~erflt Le~ ~ ~ ~ I~o~iza~ of ~ s~ ~ecu,~ ~ ~ S~ l~ ~ ~ ~ any d~a~ ~e by ~ ~:~ ~ ~ 12. S~cessors and Assigns 8oufld~ ~olflt 8~ Sepal ~ Cilag.rs. T~ C~O~ o~ o~ ~ sum~ $ec~ed ~ ~ S~,tf lestru~'t, and (C) zgrm ~ L~ I~ I~ ~ ~r~ ~1 a~ to e~. ~. c~s, a~ ~: ~ ,t f~qY ~te'p'e:~ so ~t ~ ~t ~ ~ ~ ~ ~ ~ to ~ c~t~ ~ c~~ ~ ~ ~sn e~ ~ ~ ~s, ~ (a) any ~h ~ c~ ~l ~ ~ by ~ a~ ~esso~ ~ r~o ~ to B~r. L~ ~Y c~e to make ~ ~~ ~~ TM ~ ~ ~ ~ · ~ cha~ ~ ~ NMe. 14. Notices. AAy ~e to 8~~ ~ h ~ ~~'~s~~ ~ ~ ~ ~ 1S. G~rntng Law: Sevetabllt~. T~ ~ ~ ~ ~ ~ by t~M ~a ~ ~ ~ ~ ~ 17. Safe of Note; Change of Loan Se~er. T~ ~ ~ I ~ ~1 ~ ~ No~ (1~ ~ ~ ~ ~00~ M~ ~. ~~o~L~ ~'~~ APR 1 4 1998 mOrlC,l~'c f~rrn 0 $ Acceleration: Re~edles. 21. A~orneys' Fees, c.;-e: sca'ed a~d ~e'~re~ ~ t~ creseece · '.'""'"'""" "' """" STATE C¢ COUN~ O¢ COLLIER I ~reby ce~.~ ~at on ~ day. ~'¢e ~. s~ ~cer ~ I~ ~ ~ state sf~a~ ~ ~ ~e cou~ a*or~a~ ~o ~ke ack~gme~ts. ~tsona~y a~ea'ed Va~essa ¢1~, President of Commu~l~ Housing pa~ershla of Co~ler Count, Inc. k~ 1o ~ t~e ~son{sl e~:~d ~ a~ ~ e~ f Notary P~c's ~ Nota~'s ~.~ .~.../,./~ ~...:..,..~ PROMISSORY NOTE APR ! 1998 4948 B~scayne Dr~ve Naples ,~=~' :.'~e promise tc rap $~xty T~ousand Dollars t$~0.G¢: :: r. clce: :~ Lh:~ :;:%e %ne "Len~e:'l. ~hcse aoa:es~ =s 2600 North ~otses~oe Naples, r~o:~da 34104. :/We ut:ets:and :nat :r.e ~enter ..a~ ,.a..s:e~..\.L~ ~:~%e. 7ne Lencer c: anyone who takes th~s ~ote u~ ....... ' pa~.en%s u.~de: %hks Note wxll be called the ':;cie Holder'. :~---~lm.l:S:: tnt-res% on th:s Note shall be f~ve percent {$%) per ann'.~: excel: :ri: ~f '..- faxl %o pay th:s ::ore as required, the ~ntetest :ate shal: ~e twelve pe::ent · :... ~a:e ~hen ~ay~.ent of this No%e ~s oue un%~ :/We Fay xt ~ ~uLL. · · at:ce %0 ~.ed:ate~y pay and cao::a %c %~e unpaid loan ~a~ance. X~,'e · ,- -, ~-c~ettv re~:nante ot sa:~sfact~on o: the .;:~: ~-an .. ......... c'a: ~on%hLy pa~.en% sna,. -. · -' ' · ' ' ' u-'~ - :lwe ar :tLr,: ~a~e a ~art~a~ pre~a)~en:, there w~2l be no c~anqes :n %he due date or ~n %he ar:.~% af ~, ~ C~S: :~ a laY, which a~pl:es tc :his loan and ~ich sets ~ax:~-. ~canC: %~ kc ~s ,:nally :n~e:~:e:ed sc t~a% the ~n%eres: c: :%~et loan charges coile:%e~ :n :~e::ko~ ~:%h %bLs loan e~cee~ %~e =era:tied l~m~ts: :~en I:1 any s~:~ . -...e~ · .... -..-t:ch excee~e~ pe:m:%:e~ i:r.::s w::l :~ ~--.; a-" ' anv s~,s a,:ea:y ccl.e ..... , ..... __~_ -''s :e~un: cy re:.::,: S%~O~2~AT:~;: LenCe: and ~o::o~: ackn:wle:;e an: -: that %h:s Se:u/~ty :nst:~enL pursuant to t~e r~:s% Deed of T:ust, First N&tional ~ of Floti~--$200,000, all s~s advanced for the put,se of (a) protect:hq ot further securxng the l:en of First Deed of Trust, cut~ng defaults by the 5o:ro~: unde/ the r~st ~ed o~ Trust o: ~c: or (bl construct:n~. a~y ~at n renal-lng, ,ur-~-htng o' e~t~xn9 the pro, try. The terms and provisions :eno' :.g, ~ ........ - --~,,tro~'n~ a~ ,hey supersede any o%..~t to:mt %he ~its% Deed cf Trus% a~e paramounv an ...... -., and p:ov:s:ons hereof ~n conflict thete~th. In the e~n% of a foreclOSUre c: deed l~eu of fcreclosure of the r~tst ~ed of Trust, any provisions herein or any p:ovl~o~s any other col:att:al agteemen% res%rioting the use of the eto~tty to ~ow ot ~nccme hourehci~ c: otherwise restricting the Botro~t's ability to sell the prope:t~ snal~ have :~o further force o: et:eot on subsequent owlets o: purchasers o: the and cleat f:cr s~ch restrictions. · ~et ac ~re~ :::lc :o the Pro, try pu:suan: tca ~eed -' rut:ne:. :: %~e Sen:o: ,~ Eo~ .... ~ .......... ns'r~en% sha~l automatically !:eu C~ fc:eCiOSu:e, the L~e~ OZ ~nls ac~u~,~ .. - given written not,ce of a default under the r~tst ~ed of Trust a~ 12) the Le~et not have cured the default under the r~zst Deed ot Trust within the 30-day ~r:od ptcV:d.~.~ ~n such not,ce sent to the tender. ~o~R(s) rXZL~ TO PAT ~S ~S~ (A) Default default. I~ 2 am ~n default, the Note Nolde: may bring a~ut any actlons not ptohxb~tr~ reasonable atto:heys' fees. ~erson =s ~ull)' ar.d ~ersonally obi:gated to keep all o~ the pts,:scs r.a~e =r e=Uo:se: of th~s T:cte :s 4:so ~bl$~ated to do these things. ~t¥ petsc~ ~h~ ta~es '~2~S . ~.,~ ~-., -'her r-rtr- ~'~-. ~i% o~at~ans unae~ tr.:~ ';~t~ ~4~ve the as th~s Note. ~:otectS the i:ete ~okder ~on possSbZe Xomses ~.-~ r.:~ht :esult not keep the pLot:scs ~h:ch C/~ Like ~n thxs Note. ~h~t Secu::ty ho~ ~nU under ~hmt ¢cn~t:c~s :/u~ ~n)' be rent,ed to ~ke Ime~tate ~:: ~ounts I/~e c~e u~ec th:s );ore. So~e o~ those co~d:t~t i;~ Transfer o~ th~ ~::~e~t)' c: a ~enef;¢~il IntereSt ~n Bo~r¢~-: 2~ ~; ~r a~7 not;ce shall pLO'yaLe a pe:;:~ c~ ~:t less than thirty (30) da:'s ~:c~ t~e cate s del~ve ed o ~a led w.-~.- ~'¢h Bo:~ou~¢ must pay a~ s'~s sec~ed by th~ re=edies legally pe:~tte, b)' t..[ Y ~:tu~thsta~dln~ t~e ab:ve, t~e Lender's rights to collect and ap~17 the ~nsurance hereunCe~ shall ~e subsect a~d s~ordxnate to the rights of the $e~lor E~en Chis note ks govecned and construed tn accogd~nce w~th the ~aws o~ the ~SS T~ ~%~(S) ~ S~(S) Or ~ (Sea~) (Se·X) R~TtrRN TO: ColZ£e¢ County Mousing &Utb&n Zm~¢o~ment D~patt~nent Jason £. $~eat 2e00 North Horseshoe Drtve Naples, FL 34104 Phone: (941) 403-2338 tax: {941) 403-2331 APR 1 4 1998 STATE OF FLORIDA COUNTY OF COLLIER Vanessa F~z ~res~den% ~--mun'tv ~c,~s~ng Partnership of Count%~af~nc.. owner o~ property, to me personally known (here ter, Affiant) who belng d'J!y sworn on h.r oath, and ]. That the Affiant is the owner of the following described ~ro~erty, to wit: ~ApLES SOUTH UNIT ~LK 16 LOTS 1! QR ,~26 PG 65~ ~ND TROPICAL !~NOR CONDO APT A1 OR ~2G (~. ~(D TROPICAL MANOR CONDO APT A2 OR 8~6 PG 652 TROPICAL M~%NOR CONDO APT B1 OR B~ PG 652 AND TROPICAL !.'~NOR CONDO APT B2 OR 826 PG 65~ AND TROPICAL MA~NOR AFT C1 OR 826 PO 65~ ~ND TROPICAL MANOR CONDO APT C2 2, /hat the above described property is free and clear cf all liens, taxes, encumbrances and claims of every k~nd, nsture and description, except for: First National Sank -~ Florida ¢ ~ 7'ne Affiant knows of nc ..-:clatlcns of municipal cr ?:.,finances perta~n~n~ ta the above described prcpercy. The ~\ff:ant in ~he :pe:-a%~cn cf said building of ccr~'~ed :n all respects w~%h the sales tax law cf the St~e cf Florida. 4. ?hat no judgment or decree ~,as been entered in any of %his state or the Un,ted States against said Afl:an% and which remains unsatisfied. Affiant further states that he is familiar with the nature of an oath; and with the penalties as falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read, or has heard read to him the full facts cf this affidavit, and understands its context. That this a...da~l~ is for :.he purpose of inducing Collier County ?.c rake a Ren%a! Rehabilitat~cn Loan to the owners. van~ssa Fitz, F~resident Community H. ou~{ng Partnership of Collier County, Inc. APR 1 4 1998 STATE OF FLORIDA COUNTY OF COLLIER The foregoing affi'~avit was acknowledged before 'me by Vanessa F~tz, President, Community Housing Partnership of Coll'.er County, inc. (Affix notary seal) Notary eublic~ J; -~z~ My Commissioni-~xpirea: EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 FOR THE V GROUP OF FLORIDA, INC. FOR THE INTEGRATIVE CORRECTIONS STRATEGIC DEVELOPMENT PLAN, PROJECT NO. 80003 OB,IECTIVE: To reimburse The V Group for printing costs related to additional Final Report copi~. CONSIDERATIONS: By contract, The V Group of Florida, Inc. waa only required to provide 5 duplicate original copies of the Final Report of the Integrative Corrections Strategic Development Plan. Additional copies were requested for distribution to the Board members, the Sheriff's Office and other county agencies. Original Contract Amount: Previous Change Order Amount: This Change Order No. 2 Amount: Proposed Contract Amount: $34,110.00 $3,411.00 $420.00 $37,941.00 (for additional coordination services with Jail Committee and SheriWs Office from BCC acceptance of Final Report through final BCC action on jail study) (for 12 additional duplicate originals) FISCAL IMPACT: Funds in the amount of $420.00 are available in: Fund: Cost Center: Project: 301 (Facilities Management County-wide Capital Improvement Plan) 611010 (Law Enforcement Paid by Sheriff) 80003 (Collier County Jail) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 2 to The V Group of Florida, Inc. in the amount of $420.00 and authorize the OCPM Director to execute said change order. by: A~olf~ A. G~zalez, P~,., OCtal Director Date: Reviewed by: ~r Date: APR 1 Zl 1998 EXECUTIVE SUMMARY APPROVE A SIX-MONTH EXTENSION TO TERM EXPIRATION DATES FOR BOARD OF COUNTY COMMISSIONERS' APPOINTEES TO THE BEACIt RENOURISHMENT/MAI NTENANCE COMMITTEE. ~ To obtain approval to extend the term expiration dates for current members of the Beach Renourishment//vlaintenance Committee which have been appointed by the Board of County Commissioners. ~ONS!DERATION_S: Upon a request by its Chairman, The Beach Renourishment/Maintenance Committee has been discussing a restructuring of the committee. Based upon provisions contained in the Beach Renourishment and Pass Maintenance Guidelines, the purpose of the committee is to provide the Tourist Development Council and the Board of County Commissioners with recommendations relating to all proposed projects for beach renourishment and pass maintenance. The committee is intended to be representative of all geographic areas of Collier County and to address all technical and financial issues relating to beach renourishment and pass maintenance. This varies significantly from that when the committee was originally formed, thus the rationale for the proposed restructuring which is intended to provide representation consistent with the guidelines. There are currently two (2) BCC appointees whose terms expired on February 28, 1998. In addition, there is also one (1) BCC appointee whose position is currently vacant and another BCC appointee who is considering resignation. Therefore, to provide continuity until the restructuring can be resolved, the committee recommended that all members presently serving, whose terms expire prior to restructuring, will have their terms extended for six months commencing on February 28, 1998. In addition, it is recommended that any vacant positions remain as such until the restructuring is complete. FIS(~AL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: months, the terms of Renourishment/Maintenance Committee and declare any vacant vacant until completion of a restructuring plan for the committee. That the Board of County Commissioners extend for six (6) all members currently serving on the Beach positions to ~ AGENDA ILTF~&~ l Executive Summary Beach Renourishment/M~ntenance Committee Page 2 PREPA~ BY: P.Z. VIEWED BY: Harold E. Huber, OCPM P~j,.ect Manager IH Director ofOCPM" REVIEWED BY: Ed Ilschner Public Works Administrator cc: Beach RenourishmentJlVlaintenance Committee Date: ,~'o t. ? ~ Date:?~~~ EXECUTIVE SUMMARY~ AUTHORIZE FUNDS FOR PROFESSIONAL SERVICES TO PERFORM THE THIRD YEAR OF POST-CONSTRUCTION MONITORING REQUIREMENTS FOR THE COLLIER COUNTY BEACH RESTORATION PRO3ECT. OB~IECTIVEL To obtain authorization to obligate funds for professional Services to be provided by Coastal Engineering Consultants, Inc., during the third year of the post-construction monitoring phase for the Collier County Beach Restoration Project. ~0NSIDERATIONS: On May 24, 1994, the Board of County Commissioners approved a Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide professional engineering services necessary for completion of the Collier County Beach Restoration Project. Such included the following phases of work. · Final Design Services · Bid Services · Construction Services · Post-Construction Services The approval granted on May 24, 1994, provided authorization to obligate funds for the final design phase with authorization to obligate funds for subsequent phases to be requested upon completion of each prior phase of work. In accordance with such procedure, on March 18, 1997, the Board of County Commissioners provided authorization to obligate funds for professional services required during the second year of post-construction monitoring. Pursuant to the current schedule, it is necessary at this time to initiate the services required during the third year of the post-construction monitoring i:.hase to enable stipulated permit conditions to be completed in a timely manner. FISCAL IMPACT: Cost: $303,000.00; to be obligated in the budget for FY 97198. Fund: (195) Tourist Development - 60%. Cost Center: (110406) Beach Renourishment & Pass Maintenance, Category Project Number: (80225) County Beach Renourishment Study. Pursuant to an application for TDC funding, appropriation of these funds was approved by the Beach Renourishment/Maintenance Committee on December 4, 1997, the Tourist Development Council on February 2, 1998 and the Board of County Commissioners on February 17, 199g. 1 Executive Summary Office of Capital Projects Management Monitoring for Beach Restoration Project Page 2 GROWTIt MANAGEMENT IMPACT: None RECOMMENDATIONS;.. That the Board of County Commissioners: Authorize the obligation of funds in the amount of $303,000.00 as presented in the attached proposal for professional services during the third year of the post-construction monitoring phase of the Collier County Beach Restoration Project; and o Pursuant to Article 4, Paragraph 4.3 of the Professional Services Agreement, approve the current Schedule "B" - Attachment "B", Hourly Rate Schedule for services to be rendered hereunder. PREPARED BY: REVIEWED BY: REVIEWED BY: Harold E. Huber, Project Manager III Office of Capital Projects Management Adolfo ~,. G~6nzalez,?'.E.,X~..irect°r Office of Capital Projects Management DATE: ~ '$/'~c~ DATE: '~ I'll/'~;~''_ Ed Ilschner Public Works Administrator hh.lh.exsum.02 cc: Beach Renourishment/Maintcnancc Committee Coastal Engineering Consultants, Inc. APR 1 1998 COASTAL ENGINEERING CONSULTANTS INC November 13, 1997 Mr. Harry Huber, Project Manager III Office of Capital Projects Management Collier County Florida 3301 Tamiami Trail East Naples, Florida 34112 Re: Proposal For Professional Services Collier County Post-Construction Monitoring Cec File No. 98.001 Dear Harry: Pursuant to our Professional Services Agreement (Purchase Order No. 403221, dated April 17, 1996) to provide post-construction services for the Collier County Beach Restoration Project, we are pleased to present our revised Schedule B, Attachment C for the 1996 Monitoring Report and related services. Schedule B - Attachment C Consultant's Estimate of Additional Services post-Construction Phase 25,750.00 78,020,00 2.21.3.1 Coordinate Agency Requirements 2.21.3.2 Environmental and Biologic Monitoring 2.21.3.3 Surveys: (a) Annual Monitoring $ 105,220.00 (b) Post-Storm Allowance $ 46,350.00 2.21.3.4 Design and Coordination of Maintenance Activities $ 22,660.00 2.21.3.5 Wood Groin Modeling ~ TOTAL $ 303,000,00 Our estimated annual cost for providing these services will be $303,000.00. Charges for these services will be billed on a time and reimbursable cost basis, based on the approved Schedule B - Attachment B, attached hereto, which is made a part of this agreement as if fully contained herein. Services beyond the scope presented herein can be provided as Additional Services and shall be authorized in writing by you. We trust this proposal is responsive to your needs. If you have any questions, please contact our office. Very truly yours, COASTAL ENGINEERINC-i~, ONSULTANT$' INC. Coastal Division Manager Attachment: Fee Schedule Mo. I APR 1 1990 ! 3106 S. HORSESHOE Dlt~E · NAPLES. FLORIDA 34104 · (q41) 643-2324 * FAX (ga1) 643-1143 SCHEDULE B - ATTACHMENT B CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE CEC File No. 98.001 January 1, '1998 Principal Engineer I Scientist I Appraiser Associate Engineer / Scientist I Appraiser Contract Manager / Supervisor Project Engineer / Scientist I Appraiser Staff Engineer I Scientist / Appraiser Environmental Specialist . Technician I Designer 20.00 90.00 85.00 75.00 65.00 60.00 55.00 Scientists include: Geologists * Chemists ° Biologists * Hydrologists Draftsman Research Assistant / Appraisal Assistant / Technical Editor Lab Technician Construction Observer Word Processing / Document / Data Processor Principal Surveyor and Mapper Associate Surveyor and Mapper 3-man crew 3-man crew (PSM) 2-man crew 2-man crew (PSM) Photocopies Blueprints Mylars Mileage $ 45.00 $ 45.00 $ 40.00 S 40,00 $ 35.00 S 75.00 $ 65.00 S 85.00 $ 95.00 S 75.00 S 85.00 S .10 leach $ 1.501each S 8.00leach $ .25Imile E(3uioment Rental Hydrographic Survey 'Laser Trak" - Standby 'Laser Trak' DGPS Survey System - One Week Minimum Lease Single Frequency Depth Sounder Thermal Paper E.D.M. Microtide Recorder (1 month minim~m) Miniflow Recording Current Meter VV'~zard Processing Software Boat Off-Road Vehicle ('ATV') ('Minimum) $ 250.001day $ 125.001day S 2,300.00/week $ 7,500.00/month $ 150.O0/day $ 3,000.O01rnonth $ 19.00/roll $ 120.O0/day $ 500.00/month $ 2,000.O01month $ 120,O0/month $ 250.O0/day S 50.00/half-day* S 120.001day Reimbursable ExDenses will be billed at cost. Typical reimbursable expenses include: out-of-town travel made on behalf of the client relating to permits, aerial reconnaissance and photographic expenses, and prints. Subcontracts or Subconsultants will be administered at cost plus 10%. Invoicina will be provided on a monthly basis. Statements are due and payable upon receipt. If written notice is not received within thirty days of receipt of invoice, such action will be construed as acceptance of charges as correct and accurate. ~ Rates on this schedule are guaranteed for one year from the date shown. ~ fee negotiated separately. EXECUTIVE SUMMARY APPROVAL OF A FACILITIES AGREEMENT BETWEEN MAUREEN MORAN, INC., JOHNSON ENTERPRISES, LTD., AND THE BOARD OF COUNTY COMMISSIONERS DEALING WITH THE CONSTRUCTION AND USE OF A SEWER FORCE MAIN FROM THE BARGE MARINA. ..Q~; That the Board of County Commissioners, Ex-officio the Governing Board of the Marco Island Water-Sewer District approve a Facilities Agreement between Maureen Moran, Inc., Johnson Enterprises, Ltd., and the Board of County Commissioners dealing with the construction and use of a sewer force main from the Barge Marina to the County's system on Marco Island. CONSIDERATION: 1) This agreement is a follow-up to an Interim Wastewater Service Agreement dated June 25, 1996 in which the parties agreed that the developer, Maureen Moran, Inc. would construct a sewer force main from the Barge Marina at the entrance to Goodland up to the county's facilities on Marco Island. That interim agreement further contemplated that the developer would retain ownership of the force main for a then undetermined period of time, which would be worked out as part of the final Facilities Agreement. 2) As part of this project the developer was required to over-size the line for potential future customers. The force main capacity is 74,700 gallons per day, which is approximately 46,000 gallons per day more than what was needed by the developer. 3) As a result of the developers over-sizing of the line, consideration was given to allowing the developer to retain the ownership of the line for a period of seven (7) years fxom the date of this agreement in order to allow the developer the opportunity to recoup some of the monies spent on the over-sizing of the line. This agreement does not guarante~ the developer any amount for reimbursement rather the rate of development will dictate what money might be recouped. 4) This item has been reviewed by staff from the Public Works Division and the County Attorney's office and has been approved as to form and legal sufficiency. FISCAL IMPACT: There is no fiscal impact to the County associated with this item. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION,: The Public Works Administrator recommends that the Board of County Commissioners, as Ex-officio the Governing Board of the Marco Island Water-Sewer District approve the subject Facilities Agreement between Maureen Moran, Inc., Johnson Enterprises, Ltd., and the Board of County Commissioners. "'~Ti~0t~lL. Clemons, Wastewater Director APPROVED BY: ~ Date: ~,~/'~g Ed Ilschner, Public Works Admin(s(rata/r Consent Agenda: 4/21/98 FACILITIES AGREEMENT THIS AGREEMENT is made and entered into this ~ day of ,1998, by and between Maureen Moran, Inc., Johnson Enterprises, Ltd., a Pennsylvania Limited Partnership, (hereinafter the Developer) and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT 'AND THE MARCO ISLAND WATER AND SEWER DISTRICT (hereinafter referred to as the 'County"). Developer is used as singular or plural, as the context requires. RECITALS: WHEREAS, this Agreement is made to finalize the terms and conditions of the Interim Wastewater Service Agreement as adopted by the County on June 25, 1996, which Agreement contemplated the matters, terms, conditions and provisions set forth in this Facilities Agreement, and which is attached hereto as Exhibit A; and, WHEREAS, for the purposes of this Agreement the term 'Developer" shall include the Developer as set out above (Maureen Moran, Inc., and Johnson Enterprises, Ltd.), the Developer's heirs, successors, and assigns, including but not limited to any wholly owned or controlled subsidiary entity; and, WHEREAS, for purposes of this Agreement, the term 'the County" shall include its successors and/or assigns; and WHEREAS, the parties hereto in the Interim Wastewater Service Agreement agreed to determine a time to be agreed upon for the wastewater collection and transmission facilities owned by Maureen Moran, Inc. and those to be constructed by Johnson Enterprises, Ltd. (hereafter the Facilities) to be dedicated to the County; and WHEREAS, the Facilities will serve the developments known as the Barge Marina at Goodland Page 1 of 6 APR 1 1998 Bddge and the proposed development on property owned by Johnson Enterprises, Ltd. more particularly described in Exhibit B attached hereto and hereinafter referred to as 'the Peninsula', and may serve other commercial interests in Goodland as stated in the Interim Wastewater Service Agreement; and WHEREAS, at the direction of the County, the Developer has expended funds to install Facilities with a capacity in excess of that required to meet the needs of the Developer;, and WHEREAS, the Developer and the County acknowledge the mutual benefit to be derived by delaying the dedication of the Facilities to the County for a defined period to permit the Developer to recoup certain costs of installation of the Facilities; and WHEREAS, the Developer, or another successor errt~'y satisfactory to the County, will maintain and operate the Facilities during the pedod between the time of their installation and their dedication to the County; and WHEREAS, the Developer has paid the impact fees in the amount of $33,787.17 as set out in the Interim Wastewater Service Agreement for the connection of the existing Facilities to the County's facilities and shall pay additional impact fees in the amount of $, upon connection of the Peninsula; and WHEREAS, additional impact fees over and above those already paid by the Developer and calculated pursuant to the impact fee schedule of the appropriate utility shall be collected and paid as additional customers connect to the Facilities, those impact fees to be paid to the County for Florida Water Services; and WHEREAS, the Developer will be permitted to collect facility fees, in addition to the aforementioned impact fees, for the new customers that connect to the system, which fees shall be calculated on a pro-rata basis of the cost of the Facilities as set out in Paragraph 5 below and shall be retained by the Developer;, and WHEREAS, the Developer has accepted the terms and conditions set forth in this Agreement Page 2 of 6 APR ! 199 as pa~ of the County's review and approval of the Developer's land use petitions. WITNESSETH: NOW, THEREFORE, in consideration of the covenants hereinafier contained the parties agree 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. FACILITIES. The Facilities are constructed as a permanent facili~' to serve the Developers' projects and other customers in Goodland and shall be dedicated to the County pursuant to the terms of this agreement .The Facilities are a force main system and are designed to service commercial and multi-family residential customers. The Facilities may be connected to additional customers upon the payment of the appropriate impact fees to the County and Facility Fees to the Developer, 3. CONNECTION TO COUNTY'S OFF-SITE FACILITIES: The Facilities have been connected at no cost to the County to the County's off-site facilities for treatment by Florida Water Services. 4. CAPACITY OF THE FACILITIES: The capacity of the Facilities is 74,700 gallons per day which is approximately 46,000 gallons per day in excess of that required by the Developers. 5. COLLECTION OF COSTS OF CONSTRUCTION AND IMPACT FEES: Developer is hereby permitted to allow other customers to connect to the Facilities upon the payment to the Developer of a pro-rata share of the cost of facilities construction to the Developer and impact fees, if any, to the County. The approximate pro-rata costs per gallon of service availability for additional connections is shown on the attached Exhibit B. 6. MAINTENANCE OF FACILITIES: The Developer shall maintain and operate the Facilities from the time of their installation through their dedication to the County. Except as othe,~se provided for herein, any successor entity to the Developer must be approved by the County which approval shall not be unreasonably withheld. If the successor entity is at least fifty percent Page 3 of 6 '" APR I q 1998 (50%) owned by Maureen Moran, Inc. and/or Johnson Enterprises, Ltd., the County approval is r~ required. 7. TERM. The term of this sgreement shall be seven (7) years from the date of its adoption by 8. DEDICATION OF FACILITIES. At the conclusion of the Term of this Agreement, as set forth in Paragraph 7 supra, the Developer shall convey the FacJlities to the County as provided for in the Collier County Land Development Code at the time of conveyance. The conveyance shall be at no cost to the Cour*~ and shall not be impaired by any failure of the Developer to be fully compensated for Develope.rs cost of constructing the Facilities. The Facil~ies at the time of conveyance shall be surveyed by the County. The Developer shall make any and all repairs lo the facilities necessary to have the facilities comply w~ the Collier County Land Development Code at the time of the conveyance. 9. BILLING FOR SERVICE: All businesses, individuals or residents who connect to the Facilities su'osequent to the effective date of this Agreement shall be required to install, at its own expense, a County approved metering device. These meters shall be read by the County. The Cgx,~y shall also read the meter described in the Interim Wastewater Sewice Agreement. The County shall bill ff~e Developers on a bulk rate for the wastewafer service to the Facilities and provide to the Deve!opers the meter readings on ali other meters on the Facilities. The Developers shall then rebill U~e additional customers at the same rate as they are billed, plus a fifteen (15) percent charge added thereon to cover administrative costs. 10. NEW CUSTOMER NOTIFICATION: Prior to the connection of any cuslomers other than the Developers to ~ Facilities, the Developers shall provide thirty (30) days notice to the County of the intent to connect a new customer to the Facilities and the wastewater flow of the proposed customer. The Wastewaler flow shall be calculated as set ou~ in the Florida Administrative Code. The County shall provicle to the Developers a calculation of the impact fees to be paid for Page 4 of 6 the impact of the new service availabil~. Said impact fees shall be paid to the County prior to · e comection of the ne~ c~o~' to ~ facilities. 11. NEW CUSTOMERS AGREE TO BE BOUND: Any and all new customers shall agree in writing to be IxxJnd by ali terms and conditions of this Agreement and such written evidence shall be provided to all parties hereto. 12. CUSTOMER TURNOVER. All customers served by ~ Developer during the term of this Agreement shall become customers of the County at the time when the Facilities are tom/eyed to the County. Prior to cofiveyance of the Facilities, the Developer shall turn over to the Cour~ a complete list of the customers sewed by the Developer during the term of this Agreement and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the Facilities and shall cooperate fully in the Iransfer of any biffing procedures. 13. BINDING EFFECT, This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have execuled this Agreement as of the date and year first written above. VV'~dlesses: By:~Mau nc., a Florida Page 5 of 6 ATTEST: Dwight E. Brock, Clerk By: Johnson Enterprises, Lid., a Pennsylvania Limited Partnership BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX. OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER. SEWER DISTRICT Approved as to fofl"n and legal sufficiency: Barbara B. Berry, Chairman Thomas C. Palmer Assistant County Attorney Sewer Agreement D~ff 7.w13d Page 6 of 6 EXEC~ S~Y AWARD BID # 98-2770 TO U.S.I. SPORTING GOODS INC AS THE PRIMARY VENDOR, AND LrrILIZE GOLDEN GATE TROPHY AS THE SECONDARY VENDOR FOR TROPHIES, AWARDS, Objet'flv~. That the Board of County Commissioners award bid # 98-2770 to U.S.I. Sporting Goods Inc. as the pfimmT vendor and utilize Golden Gate Trophy as the secondary vendor for trophies, awards, and plaques. Comidemtion: On January 6, 1998, the Purchasing Departmcnt published and distributed bid packages for trophies, awards, and plaques. Three (3) vendors responded by the bid opening of January 28, 199g. U.S.I. Sporting Goods Inc. was the lowest apparent bidder, and Golden Gate Trophy was the second lowest responder. The bids ~ tabulated according to a wide variety of trophy specifications utilized by the County (A bid tabulation sheet is attached for your review.) Even though U.S.I. is based in the Miami vicinity, they regularly deliver to the West Coast and staff feels comfortable with their service based on a site visit to U.S.I.'s operation. Golden Gate Trophy will serve as the secondary vendor for time sensitive cases where delivery times are requested beyond the scope of the Agreement. These trophies, awards, and plaques are presented to participants in programs such as softball, baseball, football, tennis, etc. The cost of these awards are offset by enrollment and sponsorship fees. Fiseallmpaet: Funds are budgeted in the General Fund (001) in the amount of $10,000, in the Unincorporated ~eneral Fund (l I 1) in the amount of $3,000, and in the Golden Gate Community Center Fund in the amount of $500. Growth Management: None Recommendation: That the Board of County Commissioners award bid # 98-2770 to U.S.I. Sporting Goods Inc. as the primary vendor, and utilize Golden Gate Trophy as the secondary vendor. //James R. Thomas, Athletics Supervisor Department of Parks and Recreation Maria Ramsey, Director / Department of Parks andR/ecreation Reviewed and Steve-Ca'nell, Dh~ctor - Department of Purchasing Date: ppreViewedand oved by: ~'~...~,.'"') ~ Th0~W.'~lliff~A~ii~rator Division of Public Services EXECUTIVE SUMMARY AWARD THE CLAM PASS CONCESSION AGREEMENT. Objective: To award the Clam Pass Concession agreement to the Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc. Comideration: On February 3, 1998 the Board authorized staff to negotiate a new agreement with the Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc. This Association has been the concessionaire at Clam Pass since 1993. The new agreement stipulates that the concessionaire at their expense will improve the kitchen and restaurant building not to exceed $100,000. In return, the County shall, at its expense, expand the deck seating to accommodate the restaurant expansion. This expansion will ultimately provide the public a greater variety of food service, a much needed shaded area, and a higher level of service as the current service is limited due to the existing facility. The concessionaire will receive 100% percent of the revenues form the concession agreement. In return, the concessionaire will operate a tram service for park patrons at no cost to the County. A minimum of two trams shall be operated between May I thru October 31, and three (3) trams shall be operated from November I thru April 30. The tram service will pick-up at the designated park area within every fifteen minutes, and the first point pick-up will alternate between the hotel and the public parking area. In previous agreements, the remittance from the concessionaire was offset by the paymen~ for use of the tram service. This agreement recognizes that the revenue is offset by the expense. New to the agreement is a provision allowing outside parties, including the Registry, after hour special event use of the park and tram service. The cost to rent the park is $200 / hour. The tram service and the concession sex~'ioe may be rented from the concessionaire. Growth Management: None Fiscal Impact: Revenue in the amount of $5000 is anticipated for FY99. Staff does not anticipate after how events during the renovation phases, The cost to renovate the deck seating will not exceed $100,000 and will be budgeted in FY99 out of the Regional Park Impact Fee Fund (345). Recommmdation: That the Board authorize the Chairman to sign the agreement after final review by the County Attorney. JShn Dunnuck, Operations Coordinator Department of Parks and Recreation Approved M~rla Ramsey, blrcCtor / Department of Parks and' Recreation Date: Agenda Item APR ! 1998 Steve Ca~eli, DireCtor Department of Purchasinl~ Thom~ W. omfr, A-drn~i~to~ Division of Public Services I~ate: CLAM PASS PARK CONCESSION AGREEMENT THIS CONCESSION AGREEMENT (herein called the "Agreement") made this day of_ ., 1998, between COLLIER COUNTY, a political subdivision, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter called the ("County") and THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC., a not-for-profit corporation, whose address is 501 Seagate Drive, Naples, Florida 34103 (hereinafter called the "Concessionaire"). WITNESSETH: WHEREAS, the County is the record title owner of the certain beachfront property located on the Gulf' of Mexico in Collier County, Florida, in that subdivision known as Pelican Bay, which property is located in the Southwest one-quarter (SW 114) of Section 9 and the Southeast one-quarter (SE 1/4) of Section 8, Township 49 South, Range 25 East, and is bounded on the north by Clam Pass, on the west by the Gulf of Mexico, on the south by the section line of the aforesaid section of land and on the east by outer Clam Bay (said property hereinafter referred to as "Clam Pass Park," the "Park," or the "Premises"); and WHEREAS, the Concessions, ire provided to the County funds to improve the Beach Facilities at Clam Pass Park pursuant to an Escrow Agreement of March 15, 1988; and WHEREAS, the completion of permanent utility installations makes possible an improvement of the restaurant building at the Park; WHEREAS, County and THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC., a Florida not-for-pro~it Corporation, entered into the Clam Pass Park Concession Agreement dated July 20, 1993, which Agreement is declared null and void and of no further force and effect as of the execution of this Agreement; WHEREAS, the County desires to grant a concession to Concessionaire for the operation oft,he Beachside Facilities and the Boardwalk of the Park in conjunction with the County Public Parking Area at the Park which shall be operated and maintained by the County; and WHEREAS, the Concessionaire desires to secure and obligations of such concession operation for Clam Pass Park. attain the rights and Agend{ APR I Z11998 Pg?~ NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions, and obligations herein contained, the padies agree as follows: The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right and obligation to operate the following described concession at Clam Pass Park, in conformance with the purposes, and for the period stated herein, subject to all the terms and conditions hereinafter set forth. 1. TERM. The term of this Agreement shall be for five (5) years commencing on end ending on This Agreement shall be automatically extended for an additional five (5)-year term upon the same terms and conditions contained herein (except 2(A) and (B) below, which will then be moot) unless either party provides written notice of its intention not to renew this Agreement on this basis at least one hundred eighty (180) days prior to the end of the initial term. If either party desires to extend this Agreement beyond the initial five (5)-year term upon different terms and cond!tions or to extend it beyond the additional five (5)-year extension, that party shall notify the other party at least one hundred eighty (180) days prior to the expiration of this Agreement (or the extension thereof) of the desired different terms and conditions or further extension period and the other party shall respond within thirty (30) days of receipt of such notification. Failure to respond shall be deemed a rejection of the offer to extend. 2. CONSIDERATION. As consideration based upon the respective and mutual obligations and performances required of the parties hereto, it is understood and agreed that: (A) The Concessionaire shall, at its expense, but not to exceed $100,000.00, renovate and improve kitchen facilities in the restaurant building in accordance with plans and specifications to be mutually agreed upon between the parties, including appropriate equipment for the kitchen. (B) The County shall, at its expense, renovate and expand the outside deck seating area adjacent to the existing restaurant building, in accordance with plans and specifications to be mutually agreed upon between the parties. This expansion will consist of the construction of an approximately 600 square-foot addition to the existing deck area, and will provide for a covered seating area on the outside deck to accommodate approximately 40 persons. (C) Concessionaire shall operate a tram service consisting of a number of electric power vehicles, with appropriate seating for beach goers, between the public parking area, the Registry Resort and the Beach Facilities. A minimum of two (2) trams shall be operated at ali times from May 1 thru October 31, and a minimum of three (3) trams shall be operated at all times from November 1 thru April 30. In no case shall the 2 Agenda APR 1 zl 1998 time between available trams at the public parking area exceed fifteen (15) minutes. The trams will be operated during periods when the Park is open and shall be of sufficient number to provide convenient transportation for the public and hotel guests. The first point of passenger pick up shall alternate between the hotel and the public parking area. The tram drivers shall be uniformed neatly and cleanly in uniforms provided by the Concessionaire. The tram drivers shall wear insignia approved by the Director of Parks and Recreation identifying them as representatives of the Collier County Parks and Recreation Department. The Concessionaire shall be responsible to lease or purchase, maintain, clean, charge and service the trams as required and subject to the County's recommendations. 3. BUSINESS OF CONCESSIONAIRE. The Concessionaire by andlor through FPH Management, Inc., its authorized agent, or other operator approved by the Director of Parks and Recreation, may conduct the following kinds of businesses and provide the following services, and only such businesses and services, at the locations as set forth below: (A) FOOD AND BEVERAGE SALES. The sale of food and beverages from permanent designated locations or mobile pushcarts in accordance with the provisions of this Agreement. (B) BEACH EQUIPMENT RENTALS AND SALES. The rental by hour/day of beach equipment such as chairs, cabanas, towels, umbrellas, rafts, or other equipment and flotation devices and the sale of beach sundries in accordance with the provisions of this Agreement. (C) WATER RECREATIONAL EQUIPMENT RENTALS. The rental or lease of special recreational equipment on the beach including, but not limited to, surfboards, windsailers, catamarans, in accordance with the provisions of this Agreement. Any special recreational equipment or activity to be promoted, rented or sold by the Concessionaire is subject to Concessionaire's ability to acquire the required insurance and the approval of the Director of Parks and Recreation. The Concessionaire must have a motorized chase boat, in good running condition during all hours of operation which meets all U.S. Coast Guard safety requirements. (D) This Concession Agreement may be amended lo authorize the Concessionaire to expand the services provided. 4. FACILITIES. This Agreement shall control in the event of any direct conflict with the Beach Access Facilities Agreement of November 15, 1983, as amended. The County owns the parking lot, the gatehouse, the Boardwalk, and the Beach Facilities. The County shall operate and maintain, at its cost, the parking lot, the gatehouse, and the 3 Boardwalk, and shall be responsible for repairs, maintenance and capital improvements at the Beach Facilities. The Concessionaire shall provide daily cleaning and upkeep at the Beach Facilities. The County shall establish and collect all fees and charges for use of all facilities owned and operated by the County. The County shall provide to the Concessionaire the use of the following facilities and space(s): (A} The "public area" located at Clam Pass-Park, Collier County, Florida, not including the County Public Parking Area. (B) The Boardwalk, Beachside Facilities, and the immediately adjacent beach front area, all on County-owned property, in accordance with the limitations of Section 3, hereof, and more particularly described as follows: (1) The Beachside Facilities building described as the restaurant building, as modified pursuant to sections 2(A) above, may be utilized by the Concessionaire for on-site food and beverage preparation, sale and dispensing. The deck area adjacent to the restaurant building may be utilized for customer service and dining. (2) The parties recognize that the Beachside Facilities building containing the public restrooms is for the use of the public and Concessionaire's personnel, and that ingress and egress to and use of the restroom building shall not be impeded or otherwise negatively affected by Concessionaire's activities on the Premises pursuant to this Agreement. (3) The parties recognize that the use of any building or structure by the Concessionaire is contingent upon such building or structure being permitted for such occupancy or use, and that it is mutually understood that the ability of the Concessionaire to use the facilities has been enhanced by completion of the permanent utility installations for the Beachside Facility. To the extent that the construction condition of the Beachside Facilities structures including utility services are incomplete and/or requisite permitting is outstanding, Concessionaire shall operate the Premises using the facilities only to the extent legally permissible and approved by the Director of Parks and Recreation. (4) The Concessionaire may utilize the thatched hut structure located on the dune walkover west from the Beachside Facilities for the rental of beach equipment and sale of non-food beach sundries to the extent legaIly permissible and approved by the Director of Parks and Recreation. (C) The Concessionaire, at its own expense, may provide a stand or other facility beside or underneath the dune walkover near the Beachside Facilities from which APR to rent recreational equipment to the users of Clam Pass Park. (D) The Concessionaire is authorized to provide movable umbrella pushcarts for the sale of food and non-alcoholic beverages subject to the restrictions of Sections 3, 18 and 19, hereof. 5. MODIFICATIONS TO STRUCTURES AND IMPROVEMENTS. The Concessionaire accepts the facilities and space provided in this Agreement in their present condition, as modified pursuant to Sections 2(A) and 2(B) above, and is responsible for all intedor modifications and maintenance, including entrance doors, windows and screens. Except as provided in Sections 2(A) and 2(B) above, the Concessionaire shall obtain the County's prior written consent for any alteration, additions or improvements to structural facilities and then pay and be liable for such modifications, which become County assets upon completion. Detailed plans for any substantial improvements shall be submitted to the County for approval. Except as provided in Section 2(B) above, the Concessionaire shall provide, install and maintain, at its own cost and expense, all equipment required to operate the concession, but shall have the right, upon approval by the Director of Parks and Recreation, to use the County equipment, furnishings, and fixtures that may presently exist on the Premises. 6. MAINTENANCE. The County agrees to provide the assigned facilities in their "as is" condition, as modified pursuant to Sections 2(A) and 2(B) above, and lo perform necessary exterior maintenance on the facilities assigned to the Concessionaire as well as to maintain the below ground level connection lines for permanent water and sewer utilities. Exterior maintenance of the facilities does not include daily removal of litter of the public areas of the Park, such removal being the responsibility of the Concessionaire. 7. SPECIAL EVENTS. The Premises may be used during and after normal operating hours as further described below: (A) The County reserves the right to allow other concessionaire(s) to operate upon the Premises during special events during normal operating hours as set forth in Section 14 hereof, as may be approved by the Board of County Commissioners. However, during the term of this Agreement, the Concessionaire shall be the only entity authorized to have access to and to use the kitchen and equipment located therein. The County shall be responsible to assure the proper and safe use of the Premises as well as the security of Concessionaire's operating equipment and all inventories when the Premises are used by other concessionaire(s) and the County shall promptly provide maintenance and repair of equipment or replacement of Concessionaire's operating equipment or inventory if such use damages or impairs any operating equipment or inventory or the septic or sewage 5 APR ! 4 ]998 P~'~,? _ system or if any inventory is inappropriately consumed or destroyed. Dudng authorized special events, the Concessionaire will be allowed to operate its normal daily complement of equipment and staff. "Normal" shall be defined as equipment and staff that the Concessionaire has available at the Premises on a normal day, 365 days per year. Such equipment shall not be increased or altered during special events without the prior express written permission of the Director of Parks and Recreation. (B) The County shall make the Premises available for groups to hold after-hours private events such as beach barbecues and similar functions. All groups, including Concessionaire, desiring authorization to use the Premises after hours shall schedule such use with the Director of Parks and Recreation in advance, complete a Rental Permit Agreement form and pay a usage fee in the amount of $200 per hour to County for the use of the premises. This usage fee shall be subject to modification upon mutual agreement between County and Concessionaire. Payment of this fee to County shall qualify each group as an 'authorized group.' All authorized groups holding special private events at the Premises and desiring to provide tram transportation shell be required to use Concessionaire's trams, which shall be operated only by authorized Concessionaire employees, and such groups shall not be permitted to provide their own tram or other motorized transportation to and from the Premises. Members of authorized groups not using tram transportation shall be able to walk freely to and from the Premises on the boardwalk. Concessionaire shall charge authorized groups for providing tram transportation, including tram driver(s), at the rate of $25 per tram per hour and shall bill to and collect from each authorized group directly for such tram services. Concessionaire may adjust this per- tram, per-hour rate with the advance written approval of the Director of Parks and Recreation. Concessionaire may, at its sole option, waive any charge for tram services. All authorized groups shall furnish all food, beverages and other materials necessary for their functions, and shall leave the Premises in the same condition ss that in which they found them, i.e., groups shall be responsible for all trash removal and disposal, cleanup of tables and seating areas, etc. No group holding an after-hours event shall be permitted to provide amplified music or steel-drum bands. All groups shall be subject to all County noise ordinances and shall be responsible to ensure full compliance therewith. The Concessionaire shall be entitled to contract privately with any authorized group to provide catering or other services desired by the group; however, the Concessionaire shall not be obligated to provide any transportation or other services to groups that does not wish to contract for Concessionaire's services. The Concessionaire shall be the only entity authorized to operate trams upon the boardwalk between the County parking lot and the 6 APR ) 4 1998 Premises and to have after-hours access to and use of the kitchen equipment in the restaurant facility at the Concession. The public restrooms shall remain available to authorized groups holding after-hours functions at the Premises. The recreational rental equipment of Concessionaire at the Premises shall not be available or accessible to any authorized groups, unless arrangements for such use and access are made between the group(s) and Concessionaire. 8. USE OF THE BEACH IS PRIMARY. The Park is for the use of the public for recreabon and other public purposes, and the Concessionaire's activity shall not infringe upon the public's right to such use, subject only to Section 7 above. The location of any equipment, carts or any other materials of the Concessionaire are subject to approval of the Parks and Recreation Department. However, this does not preclude the Concessionaire, upon obtaining prior written approval of the Director of Parks and Recreation, from scheduling promotional events, including events which might temporarily limit access to the Premises, or any portion thereof. 9. COUNTY CONTROLS BEACH. Nothing in this Agreement will preclude the County from using the public areas of the beach for public and/or civic purposes as deemed necessary; however, these areas of the beach may not be closed to other public use during normal hours of operation. 10. SERVICES AND DUTIES. The Concessionaire agrees that the operation and maintenance of the Park and concession stand(s) is to be handled by trained personnel, with emphasis on safety and maintaining the Beachside Facilities and immediately adjacent beach in a neat and orderly fashion. The Concessionaire hereby agrees to perform the following duties: all times. (A) Maintain the bathroom facilities in a clean and sanitary condition at (B) rental equipment. Qualify customers and give instructions on the operation of the various (C) Oversee the general use of the Boardwalk, Beachside Facilities, and the immediately adjacent beach, and shall report all misuse, damage and violations to the authorities and notify the Director of Parks and Recreation as appropriate. facilities. (D) Furnish all soap and other consumable supplies for the restroom (E) Collect, bag, and place the garbage in containers, and have the containers removed from the Premises. 7 (F) Remove trash daily and provide litter pickup for all trash and debris not in containers for the immediately adjacent beach, Beachside Facilities, Boardwalk and surrounding areas, excluding the County Public Parking Area. (G) (Reserved) (H) (Reserved) (i) Open and close the Park according to established Park hours, subject to Section 7 above. 11. COUNTY PUBLIC PARKING AREA. Any maintenance or supervision of the County Public Parking Area shall be the sole responsibility of County. Concessionaire shall have no duties whatsoever with respect to the County Public Parking Area, and shall incur no expenses or liability with respect thereto. The Concessionaire will ensure that no employees will park cars in the public lot during their working hours, unless previously approved in writing by the Director of Parks and Recreation. 12. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed or national origin in its operations under this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the Premises. All facilities located on the Premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 13. ORDERLY OPERATION, ETC. The Concessionaire shall at all times have a neat and orderly operation and shall maintain all necessary housekeeping services for the Premises. There shall be no living quarters nor shall anyone be permitted to live on the Premises. 14. HOURS OF OPERATION. Concessionaire shall open the concession stand(s) not later than 9:00 a.m. and close not earlier than 6:00 p.m., seven (7) days a week, unless otherwise agreed with the Director of Parks and Recreation. The Concessionaire also agrees to open and close the public Park from dawn to dusk unless specifically authorized in writing by the Director of Parks and Recreation to do other'wise or the Premises are in use in accordance with Section 7 above. During inclement weather, the Concessionaire shall use its own best judgment regarding closing the concession. County shall have the right to request Concessionaire to extend its normal operating hours to accommodate County-sponsored events for up to 15 hours of such extended operations per year, at no cost to County. Concessionaire reserves the right, for any extended operations beyond 15 hours per year, to require a written guarantee from County of revenues to be generated during such extended hours, in amount(s) to be mutually agreed 8 upon by the parties. 15. PRICES. Ali prices must be visibly displayed to concessionaire's customers, and must be approved in writing by the Director of Parks and Recreation. The Concessionaire shall rent or sell only those items approved in writing by the County. 16. SIGNAGE. Concessionaire shall, at its sole cost, provide and remove signs at all public approaches to its concessions. All advertising, signage and posting shall be approved in writing by the Director of Parks and Recreation. 17. VEHICLES IN PARK. Vehicles, other than authorized pedestrian trams, emergency vehicles and authorized construction vehicles, are only allowed in areas where roadways are provided and vehicles will park only in areas designated for vehicle parking, The Concessionaire shall have the right to use vehicles on the beach only to load and unload equipment and supplies, and for septic tank maintenance and cleaning. 18. CONTAINERS/BIODEGRADABLE. The sale or dispensing of beverages in bottles is not permitted nor shall bottles or glass containers be permitted in the Park. Beverages may be sold or dispensed in cans, plastic or paper cups, although biodegradable containers are most desirable from a County standpoint. The dispensing and use of straws is also prohibited. 19. STORAGE. Concessionaire agrees that there will be no overnight storage of any kind west of the Beachside Facilities, unless a special exception is issued by the County. 20. NO DANGEROUS MATERIALS. The Concessionaire ~hall not use or permit in the Boardwalk, Beachside Facilities or Park the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 21. CONCESSIONAIRE NOT TO REMOVE PROPERTY. The Concessionaire agrees not to remove any personal property brought into the Park for the purpose of this Agreement, except such items as may be reasonably necessary for Concessionaire to meet requirements of: (a) seasonal demands; (b) special events conducted by Concessionaire; and (c) the repair or replacement of property. In any event the County shall be notified of any potential removal of property that may affect the style, amount or quality of service or accommodations at the Park. The parties recognize that Concessionaire's service requirements under this Agreement shall not be limited or reduced by the removal of its property. Provided Concessionaire satisfies its obligations under this Agreement, it shall, within fifteen (15) days after expiration of this Agreement, remove its personal property and equipment from the Premises, provided such removal i ¢...)..z APR 1998 //_ can be accomplished without damaging the Premises. Should Concessionaire fail to remove such personal properly and equipment, the County may cause the same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, including the expense of the sale. 22. SECURITY. The Concessionaire shall provide any security measures which may be required to protect the Beach Facilities, and its equipment, and materials. Such security measures may not violate local or state law or other restrictions of this Agreement. 23. NO LIENS. Concessionaire agrees that it will not suffer, or through its actions or those actions of anyone under its control, or supervision, cause to be filed upon the Park any lien or encumbrance. In the event any lien is filed, Concessionaire agrees to cause such lien to be discharged within ten (10) days of receiving written notice from the County. 24. INSPECTION. The Concessionaire agrees that the concession facilities and Premises may be inspected at any time by authorized representatives of the County Administrator or by any other state, county, or agency official having responsibilities for inspections of such operations. The Concessionaire agrees to immediately undertake the correction of any deficiency cited by such inspectors. 25. RECORDS AUDIT. The Concessionaire agrees to establish and maintain such records as may be prescribed by the County to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit ali records and documents pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within three (3) business days after the County's notice is received. 26. ENFORCEMENT, The parties agree that the County shall have a continuing lien on such personal property or trade fixtures of the Concessionaire located at the Clam Pass Park, said lien against such personal property or trade fixtures for the sums which may, from time to time, become due and unpaid to the County under this Agreement. Upon default of any required payment(s) by the Concessionaire, the County shall have the right to take possession of and retain concessionaire's personal property and/or trade fixtures to the extent of the herein described lien value until the full amount shall be paid, or to sell the same at public auction, and after deducting the expenses of sale and reasonable attorney's fees apply the balance of the proceeds to :~uch payment, and if there should be any deficiency to resort to any other legal remedy available to the County. Simultaneously with the execution of this Agreement the Concessionaire will 10 furnish the County with two (2) complete UCC-1 Statements, to cover such personal property or rental equipment at Clam Pass Park in an amount equal to the County's lien under this Agreement, one to be filed locally and one to be filed in Tallahassee. The UCC- 1 Statement shall evidence the County's secured status for the performance of the concessionaire's obligations. Any change or amendment to the UCC-1 Statement(s) indicating different property of Concessionaire to secure County's lien hereunder shall require a written amendment duly executed by the parties. In the event of any willful violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be noted on the Concessionaire Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the County. 27. PERFORMANCE BOND. Upon executing this Agreement, Concessionaire shall post with the County a performance bond in the amount of FIFTEEN THOUSAND ($15,000.00) DOLLARS. (Besrs Guide rating of A-or above). The performance bond shall be issued by a surety company authorized to do business in the State of Florida, and shall be released at the termination of this Agreement, provided Concessionaire has satisfied its obligations under this Agreement. 28. INSURANCE. (A) Concessionaire's responsibilities: Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Collier County Parks and Recreation Department: 11 INSURANCE (1) Worker's Compensation LIMITS Statutory limits of the State of Florida and Employer's Liability in an amount not less than $100,000.00 (2) (3) General Liability Premises Operations (M&C or OL&T are required) Included; Products and Completed Operations Included; Independent Contractors (O.C.P.) Included; Supervision Exclusion Deleted; Personal Injury Liability Contractual Indemnity/ Hold Harmless Endorsement Bodily Injury & Property Damage $1,000,000.00 Single Limit Bodily Injury & Property Damage Combined Each occurrence $1,000,000 Single Limit Bodily Injury & Property Damage Combined Each Occurrence (4) (5) (6) Thirty (30) Days Cancellation Notice Required. Collier County Board of Commissioners named as "additional insured". The Insurance Certificate must state the Bid Number and Title. (8) County Responsibilities: (1) the County shall maintain the same kinds of insurance with the same kinds of coverages on County-owned Facilities provided for in this Agreement as the County maintains on all other County-owned real and personal property. (2) In the event that the County does not maintain such insurance on all County-owned personal and real property and funds are not available for repair or replacement of Facilities provided for herein, nothing contained in this Agreement shall be construed as imposing on the County the obligation to repair or replace the County-owned Facilities provided for herein. Should the Premises, during the Term of thi~ Agreement, then become inoperable or if any required operating permit be revoked as a result of any failure of Count,/to repair or replace any County-owned Facilities, Concessionaire shall have the option, with the prior written approval of the Director of parks and Recreation, of providing such repair or replacement at its own expense and to seek to obtain 12 J APR IBB8 L ",°' ,!+- i reimbursement from County for any costs thereby incurred. 29. INDEMNIFICATION. The Concessionaire agrees 1o protect, defend, indemnify and hold harmless the County and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating tO any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. 30. PERMITS; LICENSES; TAXES. The Concessionaire and the County agree to cooperate and to obtain all required governmental permits and licenses necessary for conducting business, and Concessionaire shall pay for all permits obtained. The Concessionaire agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. The Concessionaire shall be solely responsible for payment of any and all taxes levied on the concession operation. In addition, the Concessionaire shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. 31. UTILITIES. The Concessionaire agrees to pay for all public utilities provided to the Beachside Facilities and used within the concession operation, including but not limited to: electric, potable water, sewer, and telephone. The Concessionaire shall, at its own cost, provide any propane gas or other fuels needed for its equipment and operation at the Park under this Agreement. The Concessionaire shall provide any communication system required for its business operation, and such equipment shall not interfere with any public telephone installation within the Park. 32. MONTHLY REPORT. A monthly report of activities, in a form developed by the Concessionaire and approved by the Director of Parks and Recreation, shall be submitted to the Director of Parks and Recreation by the 15th of each month. 33. DEFAULT AND TERMINATION. If either party fails to comply with any of the terms and conditions hereof, and such non-compliance is not cured within thirty (30) days after written notice is given to the non-complying party, the non-offending party may terminate this Agreement. Should County, under the terms of this Agreement, be entitled Io declare Concessionaire in default and terminate this Agreement, then the County may revoke the privilege of the Concessionaire to enter the Premises for the purposes for which this concession was granted, and the County may oust all parties present upon the Premises attempting to exercise any of the rights so revoked. Continued occupancy of the facility by Concessionaire after termination of this Agreement shall constitute trespass, and 13 may be prosecuted as such. In addition, the Concessionaire shall pay to the County ONE HUNDRED ($100.00) DOLLARS per day as liquidated damages for such trespass and holding over. 34. ADMINISTRATION. This Agreement shall be administered on behalf of the County by the County Administrator or designee. 35. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if hand delivered or mailed by registered or certified mail to: THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC. 501 Seagate Drive Naples, Florida 34103 All notices from the Concessionaire to the County shall be deemed duly served if hand delivered or mailed by registered or codified mail to: COLLIER COUNTY c/o Public Services Administrator Building H Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 With copy To: Director of Parks and Recreation Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 The Concessionaire and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this concession Agreement must be in writing. 36. NOT A LEASE. It is expressly agreed that no part, parcel, building, structure, equipment, or space is leased to the Concessionaire, subject only to the provisions of Section 7(B) hereof, and that there is no lessor/lessee relationship between the parties. Concessionaire's right to operate tho concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Concession Agreement. 14 37. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire or, except as provided in Section 2(B) hereof, to constitute the Concessionaire as an agent of the county. 38. ASSIGNMENT. The Concessionaire may not assign this Agreement or any part thereof, without prior written approval of the Board of County Commissioners, which approval shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, if any 39. COOPERATION. The Concessionaire agrees to cooperate with the County in conducting surveys and to provide reports of visitor usage of concession services. Where this Agreement provides for the County to provide a response or perform an act upon concessionaire's request, the County shall promptly respond or act upon such request, and shall not unreasonably withhold its consent where County's consent is required. Any right, power, privilege or obligation allocated to the County Administrator under this Agreement, may also be performed by County Administrator's designee. Further, the County agrees to provide the Concessionaire with advance notice of any special event and to coordinate with the Concessionaire regarding same. County also agrees to provide Concessionaire with notice of the availability of plans for any remodeling of the Beachside Facilities or the Boardwalk. 40. FORCE MAJEURE. In the event of major storm, red tides, hurricanes or other such occurrences, the County shall remove or cause to be removed any and all debris from Clam Pass Park and associated County facilities when deemed feasible by the County. 41. ATTORNEYS' FEES. In the event it becomes necessary for either party to litigate in order to enforce its rights under the terms of this Agreement, then the prevailing party shall be entitled to reimbursement from the other party of its costs and reasonable attorneys' fees, including those incurred during appellate proceedings. 42. WAIVER. No waiver or breach of any covenant or condition of this Agreement shall be taken to constitute a wavier of any subsequent breach of such covenant or condition nor to justify or authorize the non-observance on any other occasion of the same or any other covenant or condition hereof, nor shall the inaction of County at any time when Concessionaire is in default hereof be construed as a waiver of such default or of County's right to terminate this Agreement due to such default, nor shall any waiver of indulgence granted by County to Concessionaire be taken as an estoppel against County. 43. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby expressly 15 APR. 1 ~ 1998 P~ ~ waives all claims against the County for loss or damage sustained by the Concessionaire from or by the public, or from the Registry Resort, its guests and patrons. 44. CONFLICT AND SEVERABILITY. The parties agree that in case any one or more of the provisions contained in this Agreement shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provisions thereof, and said Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 45. ENTIRE UNDERSTANDING. Thim Concemsion Agreement contain~ the final and entire understanding and agreement between the parties hereto, and supersedes any prior concession agreement or extensions thereof between such parties or any term, statement, representation, warranty or condition, oral or written, not contained in this Agreement. However, the Beach Access Facilities Agreement of November 15, 1983 shall not be affected by this Agreement except as expressly provided herein. Any modification of this Agreement must be in writing and signed by both parties. 46. FLORIDA LAWS. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Concessionaire must be registered to conduct business in the State of Florida and be able to furnish satisfactory proof of such registration. 47. COMPONENT PARTS. This Agreement consists of the following component parts attached hereto, each component being a part of this Agreement as if herein set out verbatim: (A) Insurance Certificate(s); and (B) Bond. 16 IN WITNESS WHEREOF, the Concessionaire and County, have each, by an authorized person or agent, executed this Clam Pass Park Concession Agreement on the date and year first above written, in two (2) counterparts, each of which shall, w~thout proof or accounting for the other counterpart, be deemed an original Agreement. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By:.~ Deputy Clerk By: BARBARA B. BERRY, CHAIRMAN Signed, sealed and delivered in the presence of: (Corporate Seal) THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC. Witness Witness Approved as to form and legal sufficiency: By: GARY V. CHENSOFF, VICE PRESIDEN I' Thomas C. Palmer Assistant County Attorney 17 EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTIONS OF MARCH 21, 1998. ~ To present the results of the recent County property auction to the Board of County Commissioners for ratification. CONSIDERATIONS:On February 17, 1998, the Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. Prior to the auction, several County agencies requested transfer of the assets approved for disposition. Accordingly, these items were turned over to the requesting agencies. Attached is the list of items approved for disposition that have been transferred to County departments. The March 21, 1998 auction generated $289,853.00 in actual gross revenues and $266,664.76 in net revenues. The auctioneer's commission is $23,188.24. The breakdown of gross and net revenues between the Board of County Commissioners, Sheriff's Office, Property Appraiser and Tax Collector is as follows: AGENCY GROSS REVENUES NET REVENUES Board of County Commissioners $152,258.00 Collier County Sheriff $122,745.00 Property Appraiser $ 6,000.00 Tax Collector $ 8,850.00 $140,077.36 $112,925.40 $ 5,520.00 $ 8,142.00 In order to eliminate any opportunity for delay in receiving the sale proceeds, the auctioneer is required to turn over the gross proceeds from the sale to the County on the day of the event. A Toro riding mower, Asset # 910373, that was scheduled to be sold in this Auction was inadvertently left off the approved sale list. Revenue realized from the sale of this item is included on the itemized sales report attached hereto. APR 1998 FISCAL IMPACT: Net revenues have been allocated as follows: ~Net Proceeds Public Works 408 $61,631.80 Pelican Bay 109 $ 5,704.00 Ochopee 146 $ 3,358.00 Fleet Mar~gernent 522 $ 63,066.00 General Fund 001 $ 5,39B.56 Road & Bridge 101 $ 920.00 Total $140,077.36 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the County Auction held on March 21, 1998 pursuant to the itemized sales report attached heroin. DATE: INTER-DEPARTIVI~NTAL TRANSFER ITEM FUND ITEM DESCRIPTION ASSET # FROM TO 4 408 Chair, Blue Leather WW Collections Ani~il 6 40S Desk, Black Metal W~V Collections 9 408 E)esic, Wood WW Collections Ev~lad~. I I 405 Desk Wood, 45" x 30" WW Collections Animal 24 910 Okidata Printer Wa.stcw~ter MIS 26 910 LA?5 Printer Wa.~ewatcr MIS $$ 910 2 ex~rn tables Heahh E)cpt CCSO 16'* 910 2-VT 420 Terminals Various MIS 10 405 Blk M_e~__! l~csk WW Collectiot~s EMS 47 Doctunent Bal~ DOE. Purchasin C FIRST COAST AUCTION & REALTY. 0 BOX 7878 JACKSONVILLE, FL $2258 (904)772-0110 Fax: (904)777-8587 COLLIER COUNTY SURPLUS 5-21-98 -Il sale~ BN Item Description Tax 522 522 522 522 14~ 109 4O8 522 522 :000 1000 408 522 522 :09 ,317 59 551 429 716 736 308 498 705 483 821 59 517 755 428 487 3 4 5 7 8 9 10 11 12 13 14 16 91 CHEV CAVALIER ~ IG1JC54GgMJi66641 WHITE 78270 910012 90 CHEV CAVALIER ~ IG1JC14G2LI22444~ WHITE 57589 900007 91 CHEV G-10 CARGO VAN ~ 2GCCGI5Z~M4112977 WHITE 90287 910058 91 CHEV CAVALIER ~ iGXJCS4GBMJ168S79 WHITE 7708i 910011 87 GMC JIMMY Y ICKEV18HOHF521S68 WHITE EXEMPT 87862 91 CHEV S-20 CARGO VAr! ~ 2GCEG25Z4M411275i WHITE b4541 910036 91 DODGE RAM 150 Y IBTHMI6YgMS2162636 WHITE 70905 910510 89 CHEV S-10 BLAZER Y 1GNCTIBZgK8213635 WHITE 74133 890045 93 CHEV S-lO Y 1GCCS14A7PB169573 WHITE 54155 930010 93 CHEV S-10 Y 1GCCTI4ZOPB195340 WHITE 88807 950039 90 DODGE CARAVAN Y 2B7FKl139LR550889 WHITE PENDING 100687 900358 91 CHEV CORSICA Y 1GiLT53GOMY166500 WHITE 54402 910054 87 FORD F-150 4WD UTILITY Y lFTEF14Y5HNA22908 WHITE EXEMPT 910515 95 CHEV C-1500 Y 1GCD14Z5PE214194 WHITE 78061 950044 91 CHEV CAVALIER Y 1G13C54G7MJ171871 WHITE 58504 910010 92 CHEV S-10 Y iGCCSI4Z2N8198921 WHITE 84075 950002 Prlce page 1 Totai t 1,900. O0 I t,bO0.O0 1 2.900.00 1,850.00 ! 2,050.00 I 1,600.00 I 5,600.00 1 3.900.00 I 3,700. O0 1 3,000.00 2,250.00 I 2,600.00 1 2,050.00 1 5,700.00 1 2,550.00 1 2,600.00 sales SN 8N Item FIRST CO'AST AUCTION & REALTY, INC P 0 BOX 7878 JACKSONVILLE, FL 52258 (904)772-0110 Fax: (904)777-8387 COLLIER COUNTY SURPLUS 5-21-98 Description Tax Price Qty page 2 Totel 522 408 522 522 522 1000 408 ,22 I000 522 4O8 408 522 522 408 564 381 185 535 521 517 708 703 521 517 488 $68 753 17 91 CHEV S-10 Y 1GCCS14A7M8220047 WHITE 64997 910008 18 89 CHEV S-10 Y 1GCCSI4ZlK2204240 WHITE 71773 890030 19 91 FORD E-350 AMBULANCE Y IFDKE30MIMHB03641 HHITE 62552 020007 20 9i FORD E-350 AMBULANCE Y IFDKE30M7MHB05644 WHITE 79826 920006 21 91 CHEV CORSICA Y IGILT53T2MEl$I140 WHITE 122842 910021 22 91 DODGE CARAVAN Y 2B4GK55RgMR165373 WHITE PENDING 68336 23 92 CHEV C-2500 Y UTILITY\CRANE 1GBGC24KXNE162598 WHITE 114461 920014 24 89 CHEV S-10 BLAZER Y 1GNCTIBZSK8216417 WHITE 70546 890042 25 91 CHEV CORSICA Y 1GILT53GSME133279 BLUE 37341 910055 26 91 CHEV S-10 BLAZER Y iGNCS13Z7M2253194 WHITE 54693 910034 .27 91 CHEV C-2500 Y UTILITY\CRANE 1GBGC24K6MEI58854 WHITE 118313 910046 28 91 CHEV C-2500 UTILITY Y 1GBGC24KgMEl~8206 WHITE 101041 910045 50 95 CHEV S-10 Y . iGCCT14ZOPBig5967 WHITE 95914 930040 31 91 CHEV CAVALIER Y IG1JC54G4MJ170595 WHITE 57300 910006 32 89 CHEV S-lO Y IGCCS14Z4K2210758 WHITE 107952 890029 I 2.900.00 1 2.200.00 1 6,750.00 I 4,400.00 1 600.00 i 6,600.00 1 6,000.00 1 3,550.00 1 5,400.00 1 6,100.00 1 5,250.00 1 5,600.00 1 5,300.00 1 3,500.00 1 2,000.00 APR ~11 sales SN BN Item FIRST COAST AUCTION & REALTY, P 0 BOX 7878 JACKSONVILLE, FL ~2238 (904)772-0ll0 .Fax: (904)777~B587 ................... COLLIER COUNTY SURPLUS Description Tax Price page 3 Total 522 472 33 522 753 34 408 521 35 146 565 36 522 537 37 408 421 38 408 521 39 2 $62 100 2 707 101 2 707 102 2 448 103 2 551 104 2 707 105 2 707 106 2 786 107 2 437 108 95 CHEV C-1500 B 1GCDC14Z8PE166495 WHITE 107859 930014 95 DODGE RAM 150 Y IB7GE16XBPS258686 WHITE 68755 950054 89 CHEV R-$500 FLATBED Y IGBJR34KKXK3104200 WHITE 58389 890056 74 FORD F-750 FIRE TRUCK Y C75FVU87281 WHITE PENDING EXEMPT 7000EV 93 FORD E-350 AMBULANCE Y 1FDKESOMOPHB881010 WHITE 94400 940005 92 CHEV C-2500 UTILITY 1GBGC24K6NEI65585 WHITE 90722 920013 92 CHEV C-2500 UTILITY Y 1GBGC24K5NE162573 WHITE 122672 920012 88 FORD CROWN VIC Y 2FABP72F5JX154727 WHITE 117861 92 FORD CROWN VIC Y 2FACP72WONX200877 WHITE 120244 224 90 CHEV CAPRICE Y 1G1BL5470LAl$5595 BLUE 102949 1069 92 FORD CROWN VIC B 2FACP72W7NX200925 WHITE 119600 244 88 FORD CROWN VIC Y 2FABP72F5KX155253 WHITE 112967 911 92 FORD CROWN VIC Y 2FACP72W6NX240297 WHITE 121123 277 92 FORD CROWN VIC Y 2FACP72W6NX200916 WHITE 115060 267 B9 FORD CROWN VIC Y 1FABP72FXKX155244 GRAY 121150 912 90 CHEV CAPRICE A IGIBL5476LA134278 BLUE 110527 1019 1 6,000.00 i 5,300.00 1 5,300.00 I 1,600.00 I 1,550.00 I 7,300.00 1 6,250.00 1 1,000.00 I 2,450.00 I 1,600.00 3,300.00 1 1,100.00 2,000.00 1 1,250.00 1 1,200.00 1 1,800.00 s&les SN BN · o . , -.. /' ..~,: ..'' '~ o.. ;, o~, . . ...%.. FIRST COAST R~JCTZON & RERLTY, IHt .. . . P 0 BOX 7878 3~CKSONVILLE, FL 52258 (904) 772-'01 [O---Fax ?-(904 ) 777-8587 ..... COLLIER COUNTY SURPLUS 5-2[-98 page 4 Item Description Tax Price Qty Total 2 459 109 2 707 110 2 464 111 2 854 112 2 581 2 707 2 7O7 2 707 2 822 2 581 2 778 2 707 2 707 2 707 2 422 2 529 90 FORD AEROSTAR Y 1FCMAI1UELZB60869 BLUE 92099 509 92 FORD CROWN VIC Y 2FACP72WXNX200918 BLUE 115025 89 FORD CROWN VIC Y 2FABP72FOKX22867i TAN 101547 972 91 FORD CROWN VIC Y 2FACP72G4MX177126 WHITE 89716 118 115 90 CHEV CAPRICE Y 1GIBL5474LA152481 WHITE 97200 1021 114 91 FORD CROWN ViC Y 2FACP72G5MX177118 WHITE 87665 111 115 90 CHEV CAPRICE Y IGiBL547XLAI33473 BLUE 113962 1053 116 92 FORD CROWN VIC Y 2FACP72W4NX200896 WHITE 116703 222 117 90 CHEV CAPRICE A 1G1BL5475LAl$5065 WHITE 110008 1078 118 90 CHEV CAPRICE Y iG1BL5475LA154igO BLUE ii767i 1061 119 89 FORD AEROSTAR Y 1FMDAiiUgKZB44100 TAN 95251 157 120 92 FORD CROWN VIC Y 2FACP72W1NX200905 WHITE 116367 247 121 92 FORD CROWN VIC Y 2FACP72W7NX200889 WHITE 110268 246 122 92 FORD CROWN ViC Y 2FACP72W5NX200888 WHITE 111200 239 125 90 CHEV CAPRICE Y iG1BL5475LAi36085 WHITE 102113 1055 124 86 CHEV VAN Y 1GCCG15NBG7138005 WHITE EXEMPT 609 2,500.00 I 5,000.00 I 1,150.00 I 1,450.00 1,700.00 I 900.00 I 1,500.00 2,800.00 I 1,900.00 1,800.00 1 1,700.00 1 1,900.00 1 1,600.00 1 2,700.00 1,900.00 I , 900. O0 - ~t"°~,. ZT£. · APR 1998 ' ~11 sales SN BN Item FXRST COAST AUCTZON & REALTY, P 0 BOX 7878 3ACKSONVILLE, FL 32258 ._(904)772=0110 _Fax:._(904)777-8387 COLLIER COUNTY SURPLUS 3-21-98 Description Tax Price Qty page 5 Total 2 581 125 2 340 126 2 707 127 2 707 128 2 408 129 2 591 150 2 707 131 2 419 132 2 364 133 2 752 134 2 536 155 2 521 136 2 382 137 2 59 138 2 707 139 2 707 140 90 CHEV CAPRICE Y 1G1BL5472LA132415 SILVER 108406 1022 90 FORD AEROSTAR Y 1FMDA31UMZA59691 BROWN 97857 299 92 FORD CROWN VIC Y WHITE 118695 287 90 CHEV CAPRICE Y 1GiBL5476LAI52790 SILVER 112328 1020 88 MERCURY SABLE Y 1MEBM55U6JA614294 GRAY 105040 141 89 FORD CROWN VIC Y 2FABP72F7KXI55248 TAN 91065 924 92 FORD CROWN VIC Y 2FACP72W6NX200883 WHITE 104443 229 89 FORD VAN Y 1FTES14N4KHB98128 WHITE 114648 956 91 FORD FIREBIRD Y 1G2FS25TSML219745 RED 99559 510 87 FORD CROWN ViC Y 2FABP72F1HX160051 WHITE 115912 742 91 OLDS DELTA 88 Y 1GSHY54COMHEO$610 WHITE 83705 105 90 GMC PICKUP Y 2GTFK29HOL1541602 WHITE 108165 1085 88 FORD CROWN VIC Y 2FABP72F7JX154731 WHITE 99642 88 FORD CROWN VIC Y 2FABP72F6JXI54756 WHITE 125089 821 92 FORD CROWN VIC Y 2FACP72W4NX240501 WHITE 104370 284 92 FORD CROWN VIC Y 2FACP72N4NX200882 GRAY 117047 252 1 1,800.00 1 3,000.00 2,750.00 1,700.00 I 1,300.00 1 1,350.00 i 2,200.00 1 3,250.00 1 1,900.00 1 700.00 1 1,100.00 6,600.00 I 1,100.00 1 1,200.00 1 1,700.00 1 2,700.00 I APR lggS F SN BN FIRST COAST AUCTION & REALTY, INC P 0 BOX 7878 3ACKSONVILLE, FL 52258 (904)772-0110 Fax: (904)777-8587 COLLIER COUNTY SURPLUS 5-21-98 Item Description Tax Price Qty page 6 Total 2 707 2 707 2 707 145 2 707 144 2 341 2 428 2 574 2 807 2 707 2 707 2 387 2 716 2 420 2 56.5 2 834 2 716 156 141 92 FORD CROWN ViC Y 2FACP72WgNX200895 WHITE 119118 241 142 92 FORD CROWN VIC Y 2FACP72WXNX200921 WHITE 120726 251 92 FORD CROWN VIC Y 2FACP72WTNX200911 WHITE 106982 218 92 FORD CROWN VIC Y 2FACP72W2NX200878 WHITE 129765 264 145 88 FORD 4X4 Y 1FTDF15YSKNB51152 WHITE 129272 1988 146 90 CHEV CAPRICE Y IG1BLS472LA136111 WHITE 130386 1064 147 92 FORD CROWN VIC Y 2FACP72WSNX200890 GRAY 135839 255 i48 88 FORD CROWN VIC Y 2FABP72FOJXI54753 GRAY 121965 819 149 92 FORD CROWN VIC Y 2FACP72W7NX200892 WHITE 109083 266 150 90 CHEV CAPRICE Y 1G1BL5474LA154554 GRAY 124690 1048 151 86 CHEV STEP VAN Y 2GBHG31K8H4141417 WHITE 61272 974 152 90 GMC PICKUP Y 1GTFK24HgLE535509 WHITE 156522 1089 155 91 FORD CROWN VIC Y 2FACP72GSMXi77121 WHITE 115550 114 154 89 MERCURY GRAND MARQUIS Y 2MEBM74F2KX656779 WHITE 112560 155 155 89 PLYMOUTH VAN Y 2P4FH45K2KRI41029 WHITE 99285 146 88 CHEV PICKUP Y IGCDC19KX31159407 WHITE 122770 808 1 2,600.00 1 2,200.00 1 1,900.00 1 1,900.00 2,200.00 1 1,700.00 1 5,800.00 1 1,100.00 1 2,900.00 1 1,600.00 I 2,800.00 1 3,800.00 1 1,400.00 800.00 1,500.00 1 5,850.00 II ,3-2~-~998 SN BN FIRST COAST AUCTION & REALTY, INC P 0 BOX 7878 JACKSONVILLE, FL 32238 (904)772-0110 Fax: (904)777-8387 COLLIER COUNTY SURPLUS 5-21-98 Item Description Tax Price Qty page 7 Total 2 408 408 910 910 910 910 910 910 910 910 910 910 910 910 910 910 910 408 408 4O$ 4O8 910 910 910 2 744 157 2 374 158 830 574 811 515 470 861 549 521 811 811 811 597 811 530 304 ,304 304 549 811 811 81! 477 735 159 200 201 202 203 204 205 2O6 207 208 209 210 211 212 21.3 214 215 217 218 219 220 221 222 223 89 FORD CROWN VIC Y 2FABP72F2KX155268 WHITE 99429 917 89 FORD CROWN VIC Y 2FABP72FXKX155258 WHITE 91426 88 FORD 4X4 Y IFTEF15YXJLA12456 RED EXEMPT 87 JCB LOADER\BACKHOE Y $22508 87450 86 EAGER BEAVER TRAILER Y l1200DSO6GT090305 86247 87 TROPICAL UTILITY TRAILER Y ICKEV18HHF521868 87862 86 SNOWCO TRAILER Y 00564 862105 HOFFMAN WHEEL BALANCER Y 910639 LINCOLN ARC WELDER Y COATS TIRE MACHINE Y 910461 STIHL MAGNUM II CHAINSAW Y 891152 PUMP Y GORMAN PUMP Y 6139570 MUD HOG 5" PUMP Y 940059 MCCLANE REEL MOWER Y 950074 GAS AIR BLOWERS Y 92F22 & 94F25 WEEDEATERS Y JOHN DEERE & ECHO HOMELITE BLOWER Y HOMELITE BLOWER Y ECHO SPRAY PUMP Y TRUCK CRANES Y TRUCK CRANES Y TRUCK CRANES Y TRUCK CRANES Y DIESEL MOTOR Y JOHN DEERE MOWER Y 891521 MCCLANE EDGER Y 95F149 1,200.00 1,200.00 2,000.00 16,500.00 2,600.00 550.00 300.00 250.00 275.00 475.00 7O.OO 50.00 100.00 550.00 35.00 30.00 10.00 25.00 25.00 3.00 425.00 425.00 425.00 425.00 150.00 45.00 35.00 sales SN BN Item FIRST COAST AUCTION & REALTY, INC P 0 BOX 7878 3ACKSONVILLE, FL 32238 (904)772-0110 -Fax: (904)777-8387 COLLIER COUNTY SURPLUS 3-21-98 Description Tax Price Qty page 8 Total 910 865 224 1000 708 225 910 811 226 910 865 227 910 597 228 408 865 229 910 708 230 910 523 101 458 252 101 597 255 101 458 254 910 520 256 910 910 408 -..408 1000 910 408 1000 408 910 910 1000 1000 1000 1000 1000 408 1000 1000 1000 910 1000 910 910 910 910 597 811 520 852 852 320 520 436 724 387 307 480 865 .520 320 387 817 865 817 817 560 817 489 780 307 810 865 237 2,38 500 502 303 ,304 3O5 306 ,307 3O8 3O9 315 316 318 3].9 320 $21 ,322 324 525 SARLO MOWER 95F112 TORO MOWER GAS BLOWER 88781 PALLET OF MISC AUTO PARTS PALLET OF MISC SEATS ODOR CONTROL SYSTEM SNAPPER RIDING MOWER 86 CUSHMAN TRUCKSTER lCUffiN2227 L005567 862103 BUSH HOG MOWER 6' MOWER DECK 930285 BUSH HOG 930069 MCLANE MOWER 890112N FUEL TANK FUEL TANK KEYBOARDS WOOD DESK PRINTER RIBBONS TABLE TABLE IN A BOX MONITORS WOOD CREDENZA B MONITORS FOLDING TABLES DIGITAL MONITORS COMPUTER ARMS FOLDING TABLE 10 MONITORS BOX MISC COMPUTER PARTS FOLDING TABLE 8 MONITORS ROUND TABLE OLYMPIA TYPEWRITER OLYMPIA TYPEWRITER MINOLTA FAX MACHINE MICROFICHE READER HP DESK JET DICTAPHONE HAND TRUCK PLATFORM 2 DRAWER FILES STATE STATUTE BOOKS y 1 100.00 y y 375.00 90.00 y 1 y 1 y 1 y y I 250.00 200.00 20.00 80.00 190.00 y y 100.00 500.00 y 1 400.00 y 1 10.00 y y y y Sold with item Y Y Y Y y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 110.00 60.00 40.00 5.00 5.00 5.00 30.00 5.OO 17.50 20.00 55.00 55.00 17.50 10.00 2.50 10.00 22.50 S.O0 22.50 5.00 42.50 15.00 27.50 5.00 2.50 7.00 50.00 ,~11 sales SH 8H Item FIRST COAST AUCTION & REALTY, INC P 0 BOX 7878 JACKSONVILLE, FL 52258 (904)772-0110-Fax: .(904)7~7-8587 .................. COLLIER COUNTY SURPLUS 5-21-98 Description Tax Price Oty page 9 Total 910 480 910 13 910 771 910 778 910 778 910 15 1000 48O 1000 13 910 419 1000 402 910 597 910 597 910 597 910 597 910 597 910 526 327 328 329 530 331 532 553 554 355 356 337 $38 359 340 910 489 $42 910 489 345 910 489 544 910 489 $45 1000 724 346 910 489 547 910 851 54B 910 851 549 910 560 350 910 489 551 1000 27 552 910 592 555 1000 778 554 1000 507 555 1000 507 556 910 15 557 910 774 $58 408 836 359 910 489 560 910 561 1000 456 562 lO00 865 365 1000 870 364 910 856 565 Orawe CHAIR CHAIR 87264 MISC CHAIRS WOOD SIDE CHAIR EXEC CHAIR CHAIRS CHAIR CHAIR 87251 PURPLE SEC CHAIR STACKING CHAIRS STACKING CHAIRS STACKING CHAIRS STACKING CHAIRS STACKING CHAIRS DECOLLATOR 5876/820966 Y Y Y 5.00 5.00 5.00 y 1 Sold with item 529 y 1 y 1 y 1 y I y 1 y Sold with item 556 Sold with item 556 Sold with item 536 Sold with item 556 *** Not sold OKIDATA PRINTERS Y 881199 OKIDATA PRINTERS Y OKIDATA PRINTERS Y OKIDATA PRINTERS Y PRINTER TABLE Y HP LASERJET PRINTER Y 88414 LA75 COMPANION PRINTER Y 1 PRINTER Sold with item 548 PRINTER Y 1 PRINTER y PRINTER TABLE Y 1 PRINTER Y 1 ELECTRIC HOLE PUNCH Y 1 COMPUTER TABLE Y 1 80X MISC PRINTER STANDS Y 1 COFFEE TABLE Y GLOBAL DATA SWITCH Y i MACALA MAINT SOFTWARE Y 1 890872 TYPING TABLE Y 1 TABLE\DESK *** Not sold VAC PUMP Y 1 PANAFAX MACHINE Y 1 IBM SYSTEM Y CANNON COPIER Y 1 900847 2.50 10.00 lO.O0 2.50 65.00 2.50 50.00 1 25.00 25.00 25.00 25.00 i.O0 50.00 50.00 15.00 22.50 2.50 25.00 2.50 22.50 2.00 5.00 10.00 5.00 2.50 55.00 60.00 25.00 10.00 s&~es SN BN Item FIRST COAST RUCTION & REALTY, P 0 BOX 7878 3ACKSONVZLLE, FL 5225B (904)772-0[[0 Fax= (904)777-8587 COLLIER COUNTY SURPLUS 5-2[-98 Description Tax Price gty page 10 Total 910 408 1000 1000 1000 910 1000 1000 910 910 408 910 910 910 1000 910 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 592 489 520 489 489 527 527 592 489 771 592 825 415 415 489 565 402 402 415 415 507 778 724 489 780 865 527 768 27 805 27 366 567 368 369 370 372 373 374 375 376 377 378 379 380 381 400 401 402 403 404 405 406 407 408 409 410 41i 412 414 415 416 417 PHONE ROUTING CENTER Y I 25.00 AST COMPUTER y I 110.00 950174 CPU y I 80.00 CPU y I 50.00 CPU y 1 30.00 TYPEWRITERS y 1 5.00 IBM Sold with item OLIDATA PRINTER Y ! 5.00 IBM TYPEWRITER Y I 7.50 OLYMPIA TYPEWRITER Y i 2.50 85426 TOSHIBA STRATA PHONE SYSTEM Y I 130.00 920525 HIGH SPEED SCANNER Y 1 lO.O0 940658 386 PC W\KEYBOARD Y 1 40.00 900874 2 CORNERSTONE MONITORS Y 1 55.00 MAC COMPUTER y 1 IO0.O0 MAC COMPUTER SYSTEM Y I 50.00 00910504 I C PENNY MICROWAVE Y 1 5.00 ROYAL COPIER y I lO.O0 XEROX COPIER y 1 100.00 PREMIUM SE CPU SoId with item 402 16 CPU'S y 1 350.00 PANASONIC LAZER PARTNER Y 1 47.50 2 PRINTERS y 1 7.50 PILE OF KEYBOARDS Y 1 60.00 18 MONITORS y I 175.00 ECONMASTER BOAT TRAILER Y i 550.00 3 ONAN GENERATORS Y I 700.00 COLEMAN AIR CONDITIONER Y 1 5.00 COLEMAN AIR CONDITIONER Y I 5.00 FIRE EXTINGUSHERS Y I 5.00 CAR RIMS y I 5.00 TRUCK TOPPER Y 1 5,00 TRUCK TOPPER y ! 10.00 TRUCK TOPPER y ! S.O0 Items: 236 Amount: 289,853.00 A]'I'ROVAL OF BUDGET Ai~NDblXNTS BCC Awenda of 4/14//9~ Museum CIP- Fund 014) Budget Amendment No. 98-194 AGE~DA ITEM APR 1 ~ 1998 P~,, ~ . BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE APRIL 14, 1998 FOR BOARD ACTION; 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD wrrH ACTION AS DIREC'rED: Collier Soil & Water Conservation District - minutes and agenda for February 1998. Riviera Gold Estates Homeowners Association, Inc. - Notice of Annual meeting and Election of Directors - February 24, 1998. Naples Heritage Community Development District - minutes & agenda for September 22, 1997, October 27, 1997, November 24, 1997, December 3, 1997 and Engineer's Report - Revised: December, 1997. Do Collier Soil & Water Conservation - 1998 Budget & schedule of regular meetings for 1998. South Florida Water Management District - 1997 schedule of meetings; agendas of November 12 & December 9, 10 1997, January 14, 1998, February 11, 1998 workshops; Comprehensive Annual Financial Report & Management Letter for fiscal year ended September 30, 1997; list of the District's scheduled Governing Board Meetings; a map of the district which shows all county boundaries with the district; Public Facilities Report update; Governing Board Meeting minutes for October 8, 9, 1997, November 12, 13, 1997, D~ber 9, 10, 11, 1997, .lanuary 14, 15, 1998, February 12, 1998 and agendas for November 13, 1997, December 11, 1997 and January 15, 1998. Fo Collier County Housing Authority - Annual Financial Report for 1996; Audit Report for 1996; Budget for I998; l~gistered Office & Agent; schedule of regular meetings for 1998; Public Facilities Report and Outstanding Bonds. Pon of the Islands Community - minutes for August 2I, October 16, November 20, December 18, 1997, .lanuary 16, 1998, and notice of meeting for October 16, 1997, February 19 and March 19, 1998.